[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Rules and Regulations]
[Pages 15796-15897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04565]



[[Page 15795]]

Vol. 82

Thursday,

No. 60

March 30, 2017

Part II





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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49 CFR Parts 107, 171, 172, et al.





Hazardous Materials: Harmonization With International Standards (RRR); 
Final Rule

Federal Register / Vol. 82 , No. 60 / Thursday, March 30, 2017 / 
Rules and Regulations

[[Page 15796]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 175, 176, 178, and 180

[Docket No. PHMSA-2015-0273 (HM-215N)]
RIN 2137-AF18


Hazardous Materials: Harmonization With International Standards 
(RRR)

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

ACTION: Final rule.

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SUMMARY: PHMSA is issuing a final rule to amend the Hazardous Materials 
Regulations (HMR) to maintain consistency with international 
regulations and standards by incorporating various amendments, 
including changes to proper shipping names, hazard classes, packing 
groups, special provisions, packaging authorizations, air transport 
quantity limitations, and vessel stowage requirements. These revisions 
are necessary to harmonize the HMR with recent changes made to the 
International Maritime Dangerous Goods Code, the International Civil 
Aviation Organization's Technical Instructions for the Safe Transport 
of Dangerous Goods by Air, and the United Nations Recommendations on 
the Transport of Dangerous Goods--Model Regulations. Additionally, 
PHMSA is adopting several amendments to the HMR that result from 
coordination with Canada under the U.S.-Canada Regulatory Cooperation 
Council.

DATES: Effective date: This rule is effective March 30, 2017, except 
for instruction 22, which is effective January 2, 2019.
    Voluntary compliance date: January 1, 2017.
    Delayed compliance date: Unless otherwise specified, compliance 
with the amendments adopted in this final rule is required beginning 
January 1, 2018.
    Incorporation by reference date: The incorporation by reference of 
certain publications listed in this rule is approved by the Director of 
the Federal Register as of March 30, 2017.

FOR FURTHER INFORMATION CONTACT: Steven Webb International Standards, 
(202) 366-8553, 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. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Comment Discussion
V. Section-by-Section Review
VI. 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 of 1995
    I. Environmental Assessment
    J. Privacy Act
    K. Executive Order 13609 and International Trade Analysis
    L. National Technology Transfer and Advancement Act
List of Subjects

I. Executive Summary

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171 
to 180) to maintain consistency with international regulations and 
standards by incorporating various amendments, including changes to 
proper shipping names, hazard classes, packing groups, special 
provisions, packaging authorizations, air transport quantity 
limitations, and vessel stowage requirements. This rulemaking project 
is part of our ongoing biennial process to harmonize the HMR with 
international regulations and standards.
    Federal law and policy strongly favor the harmonization of domestic 
and international standards for hazardous materials transportation. The 
Federal hazardous materials transportation law (Federal hazmat law; 49 
U.S.C. 5101 et seq.) directs PHMSA to participate in relevant 
international standard-setting bodies and promotes consistency of the 
HMR with international transport standards to the extent practicable. 
Federal hazmat law permits PHMSA to depart from international standards 
where appropriate, including to promote safety or other overriding 
public interest. However, Federal hazmat law otherwise encourages 
domestic and international harmonization (see 49 U.S.C. 5120).
    Harmonization facilitates international trade by minimizing the 
costs and other burdens of complying with multiple or inconsistent 
safety requirements for transportation of hazardous materials. Safety 
is enhanced by creating a uniform framework for compliance, and as the 
volume of hazardous materials transported in international commerce 
continues to grow, harmonization becomes increasingly important.

II. Background

    PHMSA published a notice of proposed rulemaking (NPRM) under Docket 
HM-215N [81 FR 61741 (Sept. 7, 2016)] to incorporate various amendments 
to harmonize the HMR with recent changes to the International Maritime 
Dangerous Goods Code (IMDG Code), the International Civil Aviation 
Organization's Technical Instructions for the Safe Transport of 
Dangerous Goods by Air (ICAO Technical Instructions), and the United 
Nations Recommendations on the Transport of Dangerous Goods--Model 
Regulations (UN Model Regulations). When considering alignment of the 
HMR with international standards, we review and evaluate each amendment 
on its own merit, on the basis of its overall impact on transportation 
safety, and on the basis of the economic implications associated with 
its adoption into the HMR. Our goal is to harmonize without diminishing 
the level of safety currently provided by the HMR or imposing undue 
burdens on the regulated community. Based on this review and 
evaluation, in this final rule, PHMSA is amending the HMR to 
incorporate changes from the 19th Revised Edition of the UN Model 
Regulations, Amendment 38-16 of the IMDG Code, and the 2017-2018 ICAO 
Technical Instructions, which become effective January 1, 2017. 
(Amendment 38-16 to the IMDG Code may be voluntarily applied on January 
1, 2017; however, the previous amendment remains effective through 
December 31, 2017) Notable amendments to the HMR in this final rule 
include the following:
     Incorporation by Reference: PHMSA incorporates by 
reference the newest versions of various international hazardous 
materials standards, including the 2017-2018 Edition of the ICAO 
Technical Instructions; Amendment 38-16 of the IMDG Code; the 19th 
Revised Edition of the UN Model Regulations; the 6th Revised Edition of 
the UN Manual of Tests and Criteria; and the 6th Revised Edition of the 
Globally Harmonized System of Classification and Labelling of 
Chemicals. Additionally, we are updating our incorporation by reference 
of the Canadian Transportation of Dangerous Goods (TDG) Regulations to 
include SOR/2014-152 and SOR/2014-

[[Page 15797]]

159 published July 2, 2014; SOR/2014-159 Erratum published July 16, 
2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 
published December 31, 2014; SOR/2014-306 Erratum published January 28, 
2015; and SOR/2015-100 published May 20, 2015. Finally, in this final 
rule, PHMSA adopts various updated International Organization for 
Standardization (ISO) standards.
     Hazardous Materials Table (HMT): PHMSA amends the Sec.  
172.101 Hazardous Materials Table (HMT) consistent with recent changes 
in the Dangerous Goods List of the 19th Revised Edition of the UN Model 
Regulations, the IMDG Code, and the ICAO Technical Instructions. 
Specifically, we are making amendments to the HMT to add, revise, or 
remove certain proper shipping names, hazard classes, packing groups, 
special provisions, packaging authorizations, bulk packaging 
requirements, and passenger and cargo aircraft maximum quantity limits.
     Provisions for Polymerizing Substances: PHMSA includes in 
the HMT four new Division 4.1 entries for polymerizing substances and 
adds into the HMR defining criteria, authorized packagings, and safety 
requirements including, but not limited to, stabilization methods and 
operational controls. These provisions will be in effect until January 
2, 2019. During the interim time period, PHMSA intends to review and 
research the implications of the polymerizing substance amendments 
during this two-year timeframe, and readdress the issue in the next 
international harmonization rulemaking.
     Modification of the Marine Pollutant List: PHMSA modifies 
the list of marine pollutants in appendix B to Sec.  172.101. The HMR 
maintain this list as the basis for regulating substances toxic to the 
aquatic environment and allow use of the criteria in the IMDG Code if a 
listed material does not meet the criteria for a marine pollutant. 
PHMSA periodically updates this list based on changes to the IMDG Code 
and evaluation of listed materials.
     Packaging Requirements for Water-Reactive Materials 
Transported by Vessel: PHMSA amends packaging requirements for vessel 
transportation of water-reactive substances consistent with 
requirements in the IMDG Code. The amendments include changes to the 
packaging requirements to require certain commodities to have 
hermetically sealed packaging and to require other commodities--when 
packed in flexible, fiberboard, or wooden packagings--to have sift-
proof and water-resistant packaging or packaging fitted with a sift-
proof and water-resistant liner.
     Hazard Communication Requirements for Lithium Batteries: 
PHMSA revises hazard communication requirements for shipments of 
lithium batteries consistent with changes adopted in the 19th Revised 
Edition of the UN Model Regulations. Specifically, PHMSA adopts a new 
lithium battery label in place of the existing Class 9 label; amends 
the existing marking requirements for small lithium battery shipments 
in Sec.  173.185(c) to incorporate a new standard lithium battery mark 
for use across all modes; \1\ removes the documentation requirement in 
Sec.  173.185(c) for shipments of small lithium cells and batteries; 
and requires the lithium battery mark be applied to each package 
containing small lithium cells or batteries contained in equipment when 
there are more than four lithium cells or two lithium batteries 
installed in the equipment or where there are more than two packages in 
the consignment.
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    \1\ Small cells and batteries for the purposes of this 
rulemaking are a lithium metal cell containing not more than 1 gram 
of lithium metal, a lithium metal battery containing not more than 2 
grams of lithium metal, a lithium ion cell not more than 20 Watt-
hours (Wh), and a lithium ion battery not more than 100 Wh (49 CFR 
173.185(c) and Section II of Packing Instructions 965 and 968 in the 
ICAO Technical Instructions).
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     Engine, Internal Combustion/Machinery, Internal 
Combustion: PHMSA harmonizes the HMT proper shipping names utilized for 
the transportation of engines and machinery containing engines with 
those in the UN Model Regulations. Additionally, PHMSA harmonizes with 
the IMDG Code for domestic vessel shipments of engines, internal 
combustion, and machinery containing combustion engines. Existing 
requirements and exceptions for the transportation of engines and 
machinery containing engines transported by road, rail, and aircraft 
remain unchanged. However, PHMSA is harmonizing the transportation 
requirements for transportation by vessel, which includes varying 
degrees of hazard communication based on the type of fuel, amount of 
fuel, and capacity of the fuel tank.
     U.S.-Canada Regulatory Cooperation Council (RCC) 
Amendments: PHMSA makes amendments to the HMR resulting from 
coordination with Canada under the U.S.-Canada RCC. Specifically, we 
are adopting provisions for recognition of Transport Canada (TC) 
cylinders, equivalency certificates (permit for equivalent level of 
safety), and inspection and repair of cargo tanks. In a parallel 
effort, Transport Canada is adopting similar regulatory changes that 
will provide reciprocal recognition of DOT cylinders and DOT special 
permits.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

    The UN Recommendations on the Transport of Dangerous Goods--Model 
Regulations, Manual of Tests and Criteria, and Globally Harmonized 
System of Classification and Labelling of Chemicals, as well as all of 
the Transport Canada Clear Language Amendments, are free and easily 
accessible to the public on the internet, with access provided through 
the parent organization Web sites. The ICAO Technical Instructions, 
IMDG Code, and all ISO references are available for interested parties 
to purchase in either print or electronic versions through the parent 
organization Web sites. The price charged for those not freely 
available references helps to cover the cost of developing, 
maintaining, hosting, and accessing these standards. The specific 
standards are discussed at length in the ``Section-by-Section Review'' 
for Sec.  171.7.
    PHMSA received a comment from the Commercial Vehicle Safety 
Alliance (CVSA) recommending that access (including electronic and 
print media) to materials, such as technical standards developed by 
non-governmental organizations and incorporated by reference into 
regulation, be required at no additional charge for enforcement and 
government purposes. As noted, many of the standards incorporated by 
reference in this final rule are available for free through their 
parent organizations. However, some standards that are essential to 
ensure shippers offer hazardous materials in accordance with 
international standards are simply not available for free public 
access, and PHMSA is unable to provide unrestricted access to these 
materials. Members of the public may access hard copies of standards 
incorporated by reference at PHMSA's Hazardous Materials Information 
Center (HMIC) at DOT Headquarters in Washington, DC. Members of the 
public may make arrangements to visit the HMIC by visiting HMIC's Web 
site at http://www.phmsa.dot.gov/hazmat/standardsrulemaking/hmic or by 
telephone at (800) 467-4922. PHMSA staff will work directly with any 
person requesting access to these standards.

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IV. Comment Discussion

    In response to the September 7, 2016 NPRM [81 FR 61741], PHMSA 
received comments from the following organizations and individuals:

 Christopher Adams
 Alaska Airlines
 American Coatings Association (ACA)
 Anonymous
 Arkema Inc.
 Basic Acrylic Monomer Manufacturers, Inc. (BAMM) and the 
Methacrylate Producers Association, Inc. (MPA)
 Sean Bevan
 Commercial Vehicle Safety Alliance (CVSA)
 Council on Safe Transportation of Hazardous Articles 
(COSTHA)
 CTC Certified Training Co.
 Dangerous Goods Advisory Council (DGAC)
 Deltech Corporation
 Department of Defense (DOD)
 Dow Chemical (Dow)
 FIBA Technologies, Inc.
 Greg Hudspeth
 The Institute of Makers of Explosives (IME)
 International Vessel Operators Dangerous Goods Association 
(IVODGA)
 Brent Knoblett
 Labelmaster Services
 National Tank Truck Carriers (NTTC)
 The Rechargeable Battery Association (PRBA)
 Wesley Scott
 Specialty Trailer Leasing Inc.
 United Parcel Service (UPS)
 U.S. Amines
 Western International Gas Cylinders
 Worthington Industries

    Notably, Dow requested an additional two-year delayed compliance 
period for any polymerizing substance amendments made in this final 
rule. Dow contends that appropriate test methods must be determined, 
materials must be tested, and if the material is determined to be 
regulated, appropriate packaging must be selected. PHMSA is sympathetic 
to the concerns raised by Dow, but in order to ensure the safe and 
efficient transportation of these commodities, PHMSA will maintain the 
general one-year transition period for these changes. Additional 
comments specific to the respective HMR sections are addressed in the 
``Section-by-Section Review'' of this document.\2\
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    \2\ Comments which were outside the scope of this rulemaking are 
not addressed in this final rule.
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    PHMSA concluded that comments made by Specialty Trailer Leasing, 
Inc., Mr. Greg Hudspeth, the American Coating Association, and portions 
of comments made by Worthington Industries are outside the scope of 
this rulemaking. Therefore, PHMSA did not address these comments in 
this rulemaking.

Polymerizing Substances

    In the NPRM, PHMSA proposed incorporating into the HMT four new 
Division 4.1 entries for polymerizing substances and adding into the 
HMR defining criteria, authorized packagings, and safety requirements 
including, but not limited to, stabilization methods and operational 
controls for these new entries and existing entries requiring 
stabilization.
    PHMSA received comments from Arkema Inc., BAMM & MPA, Deltech 
Corporation, DGAC, Dow Chemical, and U.S. Amines concerning our 
proposed amendments. These comments addressed: Materials assigned SP 
387 requiring stabilization; testing methods for determining self-
accelerating polymerization temperature (SAPT); questions concerning 
testing requirements for materials already identified in the HMT as 
materials requiring stabilization; exclusion from classification as 
polymerizing substances of materials meeting the definition of another 
hazard class (including combustible liquids); and the SAPT temperature 
threshold before temperature control is required for portable tanks 
transporting polymerizing substances.
    U.S. Amines requested that PHMSA reconsider assigning special 
provision 387 to Dipropylamine (UN2383). U.S. Amines asserts this 
material does not pose a polymerization risk and provides safety data 
sheets and other associated technical data to substantiate their claim. 
Based on a review of the material in question, PHMSA agrees and is not 
assigning either special provision 387 or stowage code 25 to this 
material.
    PHMSA received comments from Arkema Inc., BAMM & MPA, DGAC, and 
Deltech raising concerns over PHMSA's proposal to require polymerizing 
substances intended to be transported in portable tanks or IBC's to 
undergo the Test Series E heating under confinement testing from the UN 
Manual of Tests and Criteria. The commenters state that when 
polymerizing substances react in the test apparatus they often clog the 
test apparatus orifice. They further state this testing leads to 
unreliable, overly conservative results suggesting the material poses a 
greater hazard from heating under confinement that it actually does. 
Additionally, the commenter requested PHMSA align with the 
international approach for testing these substances, which only 
requires testing the substances under Test Series H to determine the 
substances' SAPT. While testing in accordance with UN Series E does 
present difficulties, this testing has been performed in the past in 
support of approval applications for various polymerizing substances. 
Additionally, while a clogged orifice within the Series E tests could 
be overly conservative, it is important to note that similar situations 
may occur during transport. For instance, a polymerizing substance 
which clogs the orifice during testing could potentially clog the 
pressure relief device on a portable tank. In such an incident, the 
testing would provide similar results on what could be expected within 
a transportation situation. Test Series E and H do not measure and/or 
predict the same phenomena. PHMSA notes Test Series E (or an equivalent 
performance measure) provides information on how the material behaves 
when heated under confinement. Test Series H provides information on 
the SAPT, and thus the potential need for temperature controls. These 
two tests are synergistic, and not mutually exclusive. For these 
reasons, PHMSA is maintaining the testing requirements for polymerizing 
substances as proposed in the NPRM.
    PHMSA received questions from Arkema Inc., BAMM & MPA, and Dow 
about exclusions from classification as polymerizing substances for 
combustible liquids and Class 9 substances. These same commenters also 
ask about testing requirements for materials currently identified in 
the HMT that may also polymerize. Arkema Inc., BAMM & MPA, and DOW 
request clarification that as proposed in the NPRM materials meeting 
the definition of a combustible liquid and a polymerizing substance 
would not need to be offered as a polymerizing substance. Arkema Inc. 
and BAMM & MPA similarly ask if substances meeting the definitions of 
Class 9 and polymerizing substances need to be offered as a 
polymerizing substance. The definition of polymerizing substance 
adopted by the UN Model Regulations excludes substances that meet the 
criteria for inclusion in Classes 1-8. In the NPRM we proposed to 
exclude all materials that meet the definition of any other hazard 
class. To further harmonize the HMR definition of polymerizing 
substances with that found in the Model Regulations, PHMSA is amending 
Sec.  173.124(a)(4)(iii) to exclude substances that meet the criteria 
for inclusion in Classes 1-8, including combustible liquids. It is our 
belief that polymerizing substances that also meet the definition of 
Class 9 would be limited to environmentally hazardous substances. Much 
like the UN we believe that the polymerizing

[[Page 15799]]

properties of these materials should take precedence in the 
identification of these materials, and that the applicable additional 
description elements (i.e. marine pollutant or ``RQ'' for hazardous 
substance) should be appropriately identified by shippers. Substances 
that meet the defining criteria for combustible liquids and 
polymerizing substances are only required to be offered for 
transportation as a combustible liquid.
    PHMSA received comments from BAMM & MPA, Deltech Corporation, and 
DGAC concerning our proposal to maintain a minimum SAPT temperature of 
50 [deg]C for portable tanks versus the internationally adopted 45 
[deg]C. The commenters cite PHMSA's decision not to harmonize the 
transport provisions applicable to self-reactive materials and organic 
peroxides and potential non-compliance concerns for imported materials 
that were evaluated and offered for transport at different temperatures 
than the proposal would require in the HMR. PHMSA has, and does still 
maintain that 50 [deg]C is the maximum temperature reasonable expected 
to be experienced by any self-reactive, organic peroxide, and/or 
polymerizing substance. Additionally, we note that this 50 [deg]C (122 
[deg]F) temperature is consistent with existing requirements for 
Division 4.1 (Self-reactive) and Division 5.2 (Organic peroxide) 
hazardous materials.
    PHMSA received comments the proposed inclusion of HMT entries, 
classification criteria, and transport provisions for polymerizing 
substances. In light of the commenter's concerns, PHMSA is including 
``sunset'' provisions for all amendments concerning polymerizing 
substances. In each regulatory citation adding or amending requirements 
for polymerizing substances we are including regulatory text that will 
sunset the provision after a two-year period from the effective date of 
this rule. PHMSA intends to review and research the implications of the 
polymerizing substance amendments during this two-year timeframe, and 
readdress the issue in the next international harmonization rulemaking. 
During the next international harmonization rulemaking, we will 
specifically solicit comments from the public on their experiences 
utilizing these provisions. If PHMSA does not take subsequent action to 
amend these provisions, the HMR would revert to the requirements in 
effect before the issuance of this final rule.

V. Section-by-Section Review

    The following is a section-by-section review of the amendments 
adopted in this final rule:

Part 107

Section 107.502
    Section 107.502 provides general requirements for the registration 
of cargo tanks and cargo tank motor vehicle manufacturers, assemblers, 
repairers, inspectors, testers, and design certifying engineers. PHMSA 
is revising paragraph (b) to provide an exception from the registration 
requirements for certain persons engaged in the repair, as defined in 
Sec.  180.403, of DOT specification cargo tanks by facilities in Canada 
in accordance with the requirements of Sec.  180.413(a)(1)(iii) in this 
final rule. Persons engaged in the repair of cargo tanks in Canada are 
required to register in accordance with the Transport Canada TDG 
Regulations, as the Canadian registration requirements are 
substantially equivalent to those in part 107, subpart F of the HMR. 
The registration information is available on Transport Canada's Web 
site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/highway/tanks.aspx. The Transport Canada TDG Regulations except persons 
repairing TC specification cargo tanks at facilities in the United 
States from registering in Canada if they are registered in accordance 
with part 107, subpart F.
    Therefore, PHMSA believes that requiring the registration of 
Canadian cargo tank repair facilities authorized by Sec.  
180.413(a)(1)(iii) is unnecessarily duplicative and that excepting them 
from registering in accordance with part 107 subpart F augments 
reciprocity without negatively impacting safety. See the Sec.  180.413 
entry in the ``Section-by-Section Review'' of this document for 
additional background and discussion of this change.
Section 107.801
    Section 107.801 prescribes approval procedures for persons seeking 
to engage in a variety of activities regulated by PHMSA (i.e., 
independent inspection agencies, cylinder requalification). PHMSA is 
amending paragraph (a)(2) to include provisions for persons seeking 
approval to engage in the requalification, rebuilding, or repair of a 
cylinder manufactured in accordance with a Transport Canada (TC), 
Canadian Transportation Commission (CTC), Board of Transport 
Commissioners for Canada (BTC), or Canadian Railway Commission (CRC) 
specification under the Transport Canada TDG Regulations. Persons 
engaged in the requalification, rebuilding, or repair of TC, CTC, BTC, 
or CRC specification cylinders in the U.S. are required to register 
with DOT in accordance with this subpart. PHMSA will issue a new 
approval or revise an existing one to reflect the applicant's intent to 
requalify TC cylinders. See the Sec.  107.805 entry in the ``Section-
by-Section Review'' of this document for discussion of this change, as 
well as for additional requirements and exceptions.
Section 107.805
    Section 107.805 prescribes the requirements cylinder and pressure 
receptacle requalifiers must meet in order to be approved by PHMSA. 
PHMSA is amending paragraph (a) to authorize prospective requalifiers 
to obtain approval by PHMSA to inspect, test, certify, repair, or 
rebuild TC specification cylinders; amending paragraph (c)(2) to ensure 
the types of TC cylinders intended to be inspected, tested, repaired, 
or rebuilt at the facility are included in the application for approval 
to PHMSA; and amending paragraph (d) to include various TC cylinders to 
the list of cylinders requiring issuance of a RIN to requalifiers.
    PHMSA is also amending paragraph (f) to recognize facilities 
authorized by Transport Canada to requalify comparable DOT 
specification cylinders, as well as DOT RIN holders to requalify 
comparable Transport Canada cylinders subject to modification of their 
existing approval. PHMSA recognizes that Transport Canada's approval 
and registration requirements are substantially equivalent to the 
requirements in 49 CFR part 107, subpart I, and provide an equivalent 
level of safety. In addition, traceability is maintained based on 
Transport Canada's publicly available Web site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/cylinder/requalifier.aspx, 
which allows tracing of a DOT specification cylinder marked with the 
registered mark of a Transport Canada assigned requalifier back to the 
appropriate requalification facility.\3\
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    \3\ The search function on Transport Canada's Web site allows 
users to search for the registered mark of requalifiers. Searching 
by the registered mark found on a cylinder will allow interested 
parties to verify that the cylinder was requalified by a facility 
certified by Transport Canada.
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    The addition of paragraph (f)(2) allows persons who are already 
registered with PHMSA to perform requalification functions on DOT 
specification cylinders to register to requalify corresponding TC 
cylinder

[[Page 15800]]

specifications without additional review by an independent inspection 
agency. Table 1 of the Sec.  171.12 entry in the ``Section-by-Section 
Review'' identifies specifications considered to be equivalent. 
Applicants will be required to submit all of the information prescribed 
in Sec.  107.705(a) that identifies the TC, CTC, CRC, or BTC 
specification cylinder(s) or tube(s) to be inspected; certifies the 
requalifier will operate in compliance with the applicable TDG 
Regulations; and certifies the persons performing requalification have 
been trained in the functions applicable to the requalifier activities.
    The addition of paragraph (f)(3) allows persons who are already 
registered with Transport Canada to requalify corresponding DOT 
specification cylinders without additional application to PHMSA for 
approval. This exception will provide cylinder owners with additional 
access to repair and requalification facilities in Canada, while also 
broadening reciprocity with Canada.

Part 171

Section 171.2
    Section 171.2 prescribes general requirements for each person 
performing functions covered by this subchapter. PHMSA is amending 
paragraph (h)(1) by adding the letters ``TC,'' ``CRC,'' and ``BTC'' to 
the list of specification indications that may not be misrepresented 
according to Sec.  171.2(g). This is necessary as a result of 
amendments in Sec.  171.12 authorizing the use of various Transport 
Canada approved specification cylinders under certain conditions.
Section 171.7
    Section 171.7 provides a listing of all voluntary consensus 
standards incorporated by reference into the HMR, as directed by the 
National Technology Transfer and Advancement Act of 1996. According to 
the Office of Management and Budget (OMB), Circular A-119, ``Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards and in Conformity Assessment Activities,'' government 
agencies must use voluntary consensus standards wherever practical in 
the development of regulations. Agency adoption of industry standards 
promotes productivity and efficiency in government and industry, 
expands opportunities for international trade, conserves resources, 
improves health and safety, and protects the environment.
    PHMSA actively participates in the development and updating of 
consensus standards through representation on more than 20 consensus 
standard bodies and regularly reviews updated consensus standards and 
considers their merit for inclusion in the HMR.
    For this rulemaking, we evaluated updated international consensus 
standards pertaining to proper shipping names, hazard classes, packing 
groups, special provisions, packaging authorizations, air transport 
quantity limitations, and vessel stowage requirements and determined 
that the revised standards provide an enhanced level of safety without 
imposing significant compliance burdens. These standards have well-
established and documented safety histories, and their adoption will 
maintain the high safety standard currently achieved under the HMR. 
Therefore, in this final rule, PHMSA is adding and revising the 
following incorporation by reference materials:
     Paragraph (t)(1), which incorporates the International 
Civil Aviation Organization Technical Instructions for the Safe 
Transport of Dangerous Goods by Air, 2015-2016 Edition, is revised to 
incorporate the 2017-2018 Edition. The International Civil Aviation 
Organization Technical Instructions for the Safe Transport of Dangerous 
Goods by Air contain detailed instructions necessary for the safe 
international transport of dangerous goods by air. The ICAO Technical 
Instructions support the broad principles by establishing requirements 
necessary to ensure hazardous materials are safely transported in 
aircraft while providing a level of safety that protects the aircraft 
and its occupants from undue risk.
     Paragraph (v)(2), which incorporates the International 
Maritime Organization International Maritime Dangerous Goods Code, 2014 
Edition, Incorporating Amendment 37-14, English Edition, Volumes 1 and 
2, is revised to incorporate the 2016 Edition, Amendment 38-16. The 
IMDG Code is intended to provide for the safe transportation of 
hazardous materials by vessel, protect crew members, and prevent marine 
pollution. The IMDG Code is based on the UN Model Regulations, but also 
includes additional requirements applicable to the transport of 
hazardous materials by sea (e.g., requirements for marine pollutants; 
freight container loading procedures; stowage and segregation; and 
other requirements applicable to shipboard safety and preservation of 
the marine environment) that are not covered by the UN Model 
Regulations.
     Paragraph (w), which incorporates various International 
Organization for Standardization entries, is revised to incorporate by 
reference standards for the specification, design, construction, 
testing, and use of gas cylinders:

--ISO 3807:2013 Gas cylinders--Acetylene cylinders--Basic requirements 
and type testing is incorporated in paragraph (w)(16). ISO 3807:2013 
specifies the basic and type testing requirements for acetylene 
cylinders with and without fusible plugs with a maximum nominal water 
capacity of 150 L (39.62 gallons) and requirements regarding 
production/batch test procedures for manufacturing of acetylene 
cylinders with porous material.
--ISO 7866:2012 Gas cylinders--Refillable seamless aluminium alloy gas 
cylinders--Design, construction and testing; and ISO 7866:2012/Cor 
1:2014 Gas cylinders--Refillable seamless aluminium alloy gas 
cylinders--Design, construction and testing, Technical Corrigendum 1 is 
incorporated in paragraphs (w)(27) and (28). ISO 7866:2012 specifies 
minimum requirements for the material, design, construction and 
workmanship, manufacturing processes and tests at time of manufacture 
of refillable seamless aluminium alloy gas cylinders of water 
capacities up to and including 150 L (39.62 gallons) for compressed, 
liquefied, and dissolved gases for worldwide use. PHMSA received a 
comment from Western International Gas Cylinders requesting that the 
previous edition of this standard be referenced with an applicability 
date. PHMSA notes that the previous edition of this standard was 
included in the NPRM, but we have amended the language to more clearly 
indicate that construction to the old standard is authorized until 
December 31, 2020.
--ISO 9809-4:2014 Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 4: Stainless steel 
cylinders with an Rm value of less than 1 100 MPa is incorporated in 
paragraph (w)(36). ISO 9809-4:2014 specifies the minimum requirements 
for the material, design, construction and workmanship, manufacturing 
processes, examinations, and tests at manufacture of refillable 
seamless stainless steel gas cylinders of water capacities from 0.5 L 
(.13 gallons) up to and including 150 L (39.62 gallons) for compressed, 
liquefied, and dissolved gases.
--ISO 10297:2014 Gas cylinders--Cylinder valves--Specification and type 
testing is incorporated in

[[Page 15801]]

paragraph (w)(42). ISO 10297:2014 specifies design, type testing, and 
marking requirements for: (a) Cylinder valves intended to be fitted to 
refillable transportable gas cylinders; (b) main valves (excluding ball 
valves) for cylinder bundles; and (c) cylinder valves or main valves 
with integrated pressure regulator (VIPR); which convey compressed, 
liquefied, or dissolved gases.
--ISO 10462:2013 Gas cylinders--Transportable cylinders for dissolved 
acetylene--Periodic inspection and maintenance is incorporated in 
paragraph (w)(44). ISO 10462:2013 specifies requirements for the 
periodic inspection of acetylene cylinders as required for the 
transport of dangerous goods and for maintenance in connection with 
periodic inspection. It applies to acetylene cylinders with and without 
solvent and with a maximum nominal water capacity of 150 L (39.62 
gallons).
--ISO 11114-2:2013 Gas cylinders--Compatibility of cylinder and valve 
materials with gas contents--Part 2: Non-metallic materials is 
incorporated in paragraph (w)(48). ISO 11114-2:2013 gives guidance in 
the selection and evaluation of compatibility between non-metallic 
materials for gas cylinders and valves and the gas contents. It also 
covers bundles, tubes, and pressure drums.
--ISO 11119-1:2012 Gas cylinders--Refillable composite gas cylinders 
and tubes--Design, construction and testing--Part 1: Hoop wrapped fibre 
reinforced composite gas cylinders and tubes up to 450 l; ISO 11119-
2:2012 Gas cylinders--Refillable composite gas cylinders and tubes--
Design, construction and testing--Part 2: Fully wrapped fibre 
reinforced composite gas cylinders and tubes up to 450 l with load-
sharing metal liners; ISO 11119-2:2012/Amd 1:2014 Gas cylinders--
Refillable composite gas cylinders and tubes--Design, construction and 
testing--Part 2: Fully wrapped fibre reinforced composite gas cylinders 
and tubes up to 450 l with load-sharing metal liners; and ISO 11119-
3:2013 Gas cylinders--Refillable composite gas cylinders and tubes--
Design, construction and testing--Part 3: Fully wrapped fibre 
reinforced composite gas cylinders and tubes up to 450 l with non-load-
sharing metallic or non-metallic liners are incorporated in paragraphs 
(w)(54), (56), (57), and (59), respectively. ISO 11119-1:2012, ISO 
11119-2:2012, and ISO 11119-3:2013 specify requirements for composite 
gas cylinders and tubes between 0.5 L (39.62 gallons) and 450 L (119 
gallons) water capacity, for the storage and conveyance of compressed 
or liquefied gases.

     Paragraph (bb)(1), which incorporates the Transport Canada 
Transportation of Dangerous Goods Regulations, adds paragraphs 
(bb)(1)(xiii), (xiv), (xv), (xvi), (xvii), (xviii), and (xix) to 
include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-
159 Erratum published July 16, 2014; SOR/2014-152 Erratum published 
August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 
Erratum published January 28, 2015; and SOR/2015-100 published May 20, 
2015, respectively. The Transport Canada Transportation of Dangerous 
Goods Regulations incorporated in this final rule are updates to the 
existing Transportation of Dangerous Goods Regulations and cover all 
updates made by Transport Canada between January 2014 and May 2015. 
PHMSA received a comment from COSTHA requesting we also incorporate by 
reference TDG Regulations, SOR/2016-95 published on June 1, 2016. 
However, as this standard was not proposed for incorporation in the 
NPRM, we are unable to adopt it in this final rule.
     Paragraph (dd)(1), which incorporates the United Nations 
Recommendations on the Transport of Dangerous Goods--Model Regulations, 
18th Revised Edition (2013), Volumes I and II, is revised to 
incorporate the 19th Revised Edition (2015), Volumes I and II. The 
United Nations Model Regulations on the Transport of Dangerous Goods 
provide a basis for development of harmonized regulations for all modes 
of transport, in order to facilitate trade and the safe, efficient 
transport of hazardous materials.
     Paragraph (dd)(2), which incorporates the United Nations 
Recommendations on the Transport of Dangerous Goods--Manual of Tests 
and Criteria, 5th Revised Edition (2009), is revised to incorporate the 
6th Revised Edition (2015). The Manual of Tests and Criteria contains 
criteria, test methods, and procedures to be used for classification of 
dangerous goods according to the provisions of Parts 2 and 3 of the 
United Nations Recommendations on the Transport of Dangerous Goods--
Model Regulations, as well as of chemicals presenting physical hazards 
according to the Globally Harmonized System of Classification and 
Labelling of Chemicals (GHS).
     Paragraph (dd)(3) is added to incorporate the United 
Nations Recommendations on the Transport of Dangerous Goods--Globally 
Harmonized System of Classification and Labelling of Chemicals (GHS), 
6th Revised Edition (2015). Section 172.401 references the 
incorporation by reference of the GHS in Sec.  171.7; however, this 
entry does not currently appear in Sec.  171.7. The addition of this 
paragraph corrects this oversight. The GHS addresses classification of 
chemicals by types of hazard and proposes harmonized hazard 
communication elements, including labels and safety data sheets. It 
aims at ensuring that information on physical hazards and toxicity from 
chemicals is available in order to enhance the protection of human 
health and the environment during the handling, transport, and use of 
these chemicals. GHS also provides a basis for harmonization of rules 
and regulations on chemicals at national, regional, and worldwide 
levels, which is an important factor for trade facilitation.
     In the NPRM, PHMSA proposed incorporating ISO 11515:2013 
Gas cylinders--Refillable composite reinforced tubes of water capacity 
between 450 L and 3000 L--Design, construction and testing into the 
HMR. After further review, and in order to appropriately address 
comments received, the incorporation by reference of ISO 11515:2013 
will be considered under a future rulemaking rather than adopted at 
this time. We note that ISO 11515:2013 is currently under review by the 
relevant ISO Technical Committee (e.g., ISO/TC58/SC3). Substantive 
revisions under consideration include reintroduction of the high 
velocity impact (gunfire) test and revisions to the blunt impact test. 
Consideration of this item under a future rulemaking will allow for 
these safety enhancements to be appropriately considered by ISO. It 
also provides opportunity to consider comments received such as those 
requesting consideration of relevant special permits. PHMSA received a 
comment from FIBA Technologies, Inc. requesting that we expand the 
volume maximum allowed from 3000 L to 8500 L; reduce the minimum design 
burst pressure for Type 3 and Type 4 cylinders from 2.0 to 1.6; waive 
the blunt impact test if the tubes will be mounted inside a structural 
framework that finite analysis has demonstrated will protect the tubes 
from damage; and introduce a high velocity impact test. FIBA 
Technologies, Inc. correctly noted that these requirements, allowances, 
and tests are currently authorized under

[[Page 15802]]

existing special permits for composite tubes. These requests were 
outside the scope of this rulemaking, but we do note ongoing work at 
ISO to generate a standard for larger composite tubes.
    In the NPRM, PHMSA proposed to incorporate by reference the 
Transport Canada standards into Sec. Sec.  107.801 and 805 with the 
text ``IBR, See 171.7.'' Part 107 is in subchapter A. Section 171.7 is 
only applicable to subchapter C, therefore the IBR references proposed 
have in 107.801 and 805 would not have been valid. As a result PHMSA is 
amending Sec.  171.7(a)(1) as central section for material that is 
incorporated by reference into subchapters A, B, and C.
Section 171.8
    Section 171.8 defines terms generally used throughout the HMR that 
have broad or multi-modal applicability. PHMSA is adding the following 
terms and definitions:
     Design life: PHMSA adds the term ``design life'' to define 
the maximum life of composite cylinders and tubes. This term is 
specifically limited to references in the HMR related to composite 
cylinders and tubes.
     SAPT: PHMSA adds the term ``SAPT,'' which means self-
accelerated polymerization temperature, and a reference to Sec.  
173.21(f). This is consistent with the similar term ``SADT'' (self-
accelerated decomposition temperature). In the absence of further 
rulemaking actions, this definition will sunset two years from the 
effective date of this rulemaking. See the ``Comment Discussion'' 
section of this document for further discussion.
     Service life: PHMSA adds the term ``service life'' to 
define the number of years a composite cylinder or tube is permitted to 
be in service. This term is specifically limited to references in the 
HMR related to composite cylinders and tubes.
    Additionally, PHMSA amends the definitions for the following terms:
     Aerosol: PHMSA revises the definition of ``aerosol'' to 
clarify that it is an article. Currently under the HMR, an aerosol is 
considered to be an article, and therefore, the use of inner packagings 
in a combination package is not necessary; however, practice has shown 
that an aerosol is often mistaken for the inner packaging of a 
combination packaging, including both the substance dispensed (liquid, 
paste, or powder) and the propellant gas itself.
     Large salvage packaging: PHMSA revises the definition of 
``large salvage packaging'' to add a reference to non-conforming 
hazardous materials packages to be consistent with the wording in the 
definition of ``salvage packaging.''
     UN tube: PHMSA revises the definition of ``UN tube,'' 
which describes it as a seamless pressure receptacle, to specify that 
the term includes composite cylinders.
Section 171.12
    Section 171.12 prescribes requirements for the use of the Transport 
Canada TDG Regulations. Under the U.S.-Canada RCC--which was 
established in 2011 by the President of the United States and the 
Canadian Prime Minister--PHMSA and Transport Canada, with input from 
stakeholders, identified impediments to cross-border transportation of 
hazardous materials. In this final rule, PHMSA is addressing these 
barriers by amending the HMR to expand recognition of cylinders, cargo 
tank repair facilities, and equivalency certificates in accordance with 
the TDG Regulations.
    The HMR in Sec.  171.12(a)(1) provide general authorizations to use 
the TDG Regulations for hazardous materials transported from Canada to 
the United States, from the United States to Canada, or through the 
United States to Canada or a foreign destination. PHMSA is amending 
Sec.  171.12(a)(1) to authorize the use of a Transport Canada 
equivalency certificate for such road or rail transportation of a 
hazardous material shipment. Consistent with existing authorizations to 
utilize the TDG Regulations for transportation from Canada to the 
United States, the authorization to use a Transport Canada equivalency 
certificate only applies until the shipment's initial transportation 
ends. In other words, once a shipment offered in accordance with a 
Transport Canada equivalency certificate reaches the destination shown 
on either a transport document or package markings, transportation 
under the authorization in Sec.  171.12 has ended. Any subsequent 
offering of packages imported under a Transport Canada equivalency 
certificate would have to be done in full compliance with the HMR.
    Transport Canada is proposing amendments to the TDG Regulations to 
authorize similar reciprocal treatment of PHMSA special permits. PHMSA 
received comments from Dow and DGAC supporting the proposed acceptance 
of Transport Canada equivalency certificates. These same commenters 
requested that PHMSA extend the authorization to offer in accordance 
with an equivalency certificate further than a shipment's initial 
transportation into or out of the country. The commenters requested 
PHMSA allow a shipment offered in accordance with a Canadian 
certificate of equivalency to be reshipped under the provisions of the 
permit (e.g., original shipment from Canada to a distribution center in 
the U.S. and then reoffered to other U.S. locations). As previously 
noted, the intent of this regulatory change is to authorize the use of 
Canadian certificates of equivalency consistent with the recognition 
given to shipments made in accordance with the TDG Regulations. PHMSA 
may continue the expansion of this allowance in future RCC rulemaking 
activities.
    PHMSA received questions from Western International Gas Cylinders 
concerning ultrasonic requalification of cylinders in accordance with a 
special permit or certificate of equivalency. Western International Gas 
Cylinders asked if cylinders that are requalified in accordance with a 
special permit ultrasonically and then offered for transport to Canada 
can be refilled and reoffered to the United States. It is our 
understanding that Transport Canada intends to provide the same 
reciprocity to PHMSA special permits that we are extending to their 
certificates of equivalency. Please review the Transport Canada 
harmonization rulemaking \4\ for a better understanding of the Canadian 
proposals in this area. Changes to Sec.  171.12 would authorize the 
shipment of a Canadian cylinder in accordance with the provisions in a 
certificate of equivalency, including the use of ultrasonic examination 
techniques if so indicated in the certificate. Western International 
Gas Cylinders further asked if ultrasonic cylinder requalifiers in the 
U.S. would be allowed to add TC, CTC, BTC, and CRC marked cylinders to 
their special permits and conduct ultrasonic examinations of these 
cylinders. Cylinder requalifiers may submit a modification request for 
their special permit to authorize ultrasonic examination of these 
Canadian cylinders. Each request will be evaluated on its own merits.
---------------------------------------------------------------------------

    \4\ http://www.gazette.gc.ca/rp-pr/p1/2016/2016-11-26/pdf/g1-15048.pdf.
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    PHMSA is additionally amending Sec.  171.12(a)(1) to authorize the 
transportation of cylinders and multiple-element gas containers (MEGCs) 
authorized by the Transport Canada TDG Regulations to be transported 
from Canada to the United States, from the United States to Canada, or 
through the United States to Canada or a foreign destination.
    The HMR in Sec.  171.12(a)(4) permit the transportation of a 
cylinder authorized by the Transport Canada TDG

[[Page 15803]]

Regulations to, from, or within the United States. Currently this 
authorization is limited to CTC cylinders corresponding to a DOT 
specification cylinder and UN pressure receptacles marked with ``CAN.'' 
In this final rule, PHMSA is amending paragraph (a)(4)(ii) to authorize 
the use of Canadian manufactured cylinders. Specifically, PHMSA is 
authorizing the transportation of CTC, CRC, BTC, and TC cylinders that 
have a corresponding DOT specification cylinder prescribed in the HMR.
    This final rule does not remove or amend existing requirements for 
DOT specification cylinders; rather, PHMSA is providing that a shipper 
may use either a DOT specification cylinder or a TC cylinder as 
appropriate. The goal of these amendments is to promote flexibility; to 
permit the use of advanced technology for the requalification and use 
of pressure receptacles; to provide for a broader selection of 
authorized pressure receptacles; to reduce the need for special 
permits; and to facilitate cross-border transportation of these 
cylinders.
    Additionally, PHMSA is amending paragraph (a)(4) to authorize the 
filling, maintenance, testing, and use of CTC, CRC, BTC, and TC 
cylinders that have a corresponding DOT specification cylinder as 
prescribed in HMR. This authorization extends the recognition of 
cylinders manufactured in Canada to be filled, used, and requalified 
(including rebuild, repair, reheat-treatment) in the United States in 
accordance with the TDG Regulations. PHMSA received a comment from CTC 
Certified Training Co. requesting that we reconsider requiring 
requalification of all CTC, CRC, BTC, and TC cylinders be done in 
accordance with the Transport Canada TDG Regulations. CTC Certified 
Training Co. stated that the current authorization for CTC 
specification cylinders allows requalification to be done under either 
a program authorized by the Transport Canada TDG Regulations or 
requalified in accordance with the requirements in Sec.  180.205. The 
commenter further noted that CTC, CRC, and BTC all correspond to DOT 
specification cylinders and that requiring these cylinders to be 
requalified in accordance with the TDG Regulations is unnecessary. 
PHMSA agrees and is amending paragraph (a)(4)(ii)(B) to note that 
Canadian cylinders that have been requalified in accordance with either 
a program authorized by the TDG Regulations or part 107, subpart I, of 
the HMR are acceptable. See the Sec.  180.205 entry in the ``Section-
by-Section Review'' of this document for specific requalification 
requirements for Canadian cylinders.
    Table 1 lists the Canadian cylinders with the corresponding DOT 
specification cylinders:

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                             CTC (some or all of these may also
               TC                  DOT (some or all of these may also be       be marked with a BTC and a CRC
                                         marked with an ICC prefix)                        prefix)
----------------------------------------------------------------------------------------------------------------
TC-3AM.........................  DOT-3A [ICC-3]                             CTC-3A
TC-3AAM........................  DOT-3AA                                    CTC-3AA
TC-3ANM........................  DOT-3BN                                    CTC-3BN
TC-3EM.........................  DOT-3E                                     CTC-3E
TC-3HTM........................  DOT-3HT                                    CTC-3HT
TC-3ALM........................  DOT-3AL                                    CTC-3AL
                                 DOT-3B                                     CTC-3B
TC-3AXM........................  DOT-3AX                                    CTC-3AX
TC-3AAXM.......................  DOT-3AAX                                   CTC-3AAX
TC-3TM.........................  DOT-3T
TC-4AAM33......................  DOT-4AA480                                 CTC-4AA480
TC-4BM.........................  DOT-4B                                     CTC-4B
TC-4BM17ET.....................  DOT-4B240ET                                CTC-4B240ET
TC-4BAM........................  DOT-4BA                                    CTC-4BA
TC-4BWM........................  DOT-4BW                                    CTC-4BW
TC-4DM.........................  DOT-4D                                     CTC-4D
TC-4DAM........................  DOT-4DA                                    CTC-4DA
TC-4DSM........................  DOT-4DS                                    CTC-4DS
TC-4EM.........................  DOT-4E                                     CTC-4E
TC-39M.........................  DOT-39                                     CTC-39
TC-4LM.........................  DOT-4L                                     CTC-4L
                                 DOT-8                                      CTC-8
                                 DOT-8AL                                    CTC-8AL
----------------------------------------------------------------------------------------------------------------

    In accordance with Sec.  171.12(a)(4), when the provisions of 
subchapter C of the HMR require that either a DOT specification or a UN 
pressure receptacle must be used for a hazardous material, a packaging 
authorized by Transport Canada's TDG Regulations may be used only if it 
corresponds to the DOT specification or UN standard authorized by this 
subchapter. PHMSA received a comment from COSTHA requesting that the 
table of Canadian cylinders and the corresponding DOT specification 
cylinders be included in the HMR. PHMSA agrees that this is useful 
information and is including the table of corresponding cylinders in 
new paragraph (a)(4)(iii).
Section 171.23
    Section 171.23 prescribes requirements for specific materials and 
packagings transported under the various international standards 
authorized by the HMR. PHMSA is amending paragraph (a) to add TC, CTC, 
BTC, or CRC specification cylinders to the list of cylinders which may 
be transported to, from, or within the United States.

Part 172

Section 172.101
    Section 172.101 provides the Hazardous Materials Table (HMT), as 
well as instructions for its use. Readers should review all changes for 
a complete understanding of the amendments. For purposes of the

[[Page 15804]]

Government Publishing Office's typesetting procedures, changes to the 
HMT appear under three sections of the Table: ``remove,'' ``add,'' and 
``revise.'' Certain entries in the HMT, such as those with revisions to 
the proper shipping names, appear as a ``remove'' and ``add.'' In this 
final rule, PHMSA is amending the HMT for the following:
New HMT Entries
 UN 0510 Rocket Motors, Division 1.4C

    This new HMT entry is the result of packaged products of low power 
``Rocket motors'' that typically meet test criteria for assignment to 
Division 1.4, Compatibility Group C, but are assigned to 1.3C (i.e., UN 
0186) or the 1.4C n.o.s. classification (i.e., UN 0351). This 1.4 
rocket motor entry accurately reflects the product type and hazard of 
these articles and allows for the assignment of specific packaging 
instructions.

 UN 3527 Polyester resin kit, solid base material

    This new HMT entry addresses polyester resin kits with a base 
material that does not meet the definition of Class 3 (Flammable 
liquid) and is more appropriately classed as a Division 4.1 (Flammable 
solid). Presently, polyester resin kits are limited to those with a 
Class 3 liquid base material component and are assigned under the entry 
UN 3269. This new entry permits products with a viscous base component 
containing a flammable solvent that does not meet the definition of a 
flammable liquid but does meet the definition of a flammable solid.

 UN 3528 Engine, internal combustion, flammable liquid powered 
or Engine, fuel cell, flammable liquid powered or Machinery, internal 
combustion, flammable liquid powered or Machinery, fuel cell, flammable 
liquid powered
 UN 3529 Engine, internal combustion, flammable gas powered or 
Engine, fuel cell, flammable gas powered or Machinery, internal 
combustion, flammable gas powered or Machinery, fuel cell, flammable 
gas powered
 UN 3530 Engine, internal combustion or Machinery, internal 
combustion

    These new HMT entries apply to the fuel contained in engines and 
machinery powered by Class 3 flammable liquids, Division 2.1 gases, and 
Class 9 environmentally hazardous substances. The previous entry 
applicable to these articles, UN 3166, is now applicable to vehicles 
only. As a result of the new ``Engine'' and ``Machinery'' entries, the 
entries ``UN 3166, Engines, internal combustion, or Engines, fuel cell, 
flammable gas powered'' and ``UN 3166, Engines internal combustion, or 
Engines, fuel cell, flammable liquid powered'' are removed.
    PHMSA received comments from COSTHA and UPS noting that new entries 
UN 3528, UN 3529, and UN 3530 include reference to special provision 
363 in column (7) of the HMT. Both commenters noted that while special 
provision 363--which is assigned to these entries in the UN Model 
Regulations--does not exist in the current or proposed Sec.  172.102, 
its conditions are proposed in Sec.  176.906. PHMSA agrees with the 
commenters. The assignment of special provision 363 in column (7) of 
the HMT was inadvertent and as a result, the references to special 
provision 363 are removed in this final rule.
    Additionally, during our review of the proposed changes to the 
engine HMT entries, we noticed that special provisions 135 and A200 
were inadvertently left out of column (7) for these three new engine 
entries. This omission was not intended, and these provisions are 
placed back in column (7) in this final rule.

 UN 3531 Polymerizing substance, solid, stabilized, n.o.s.
 UN 3532 Polymerizing substance, liquid, stabilized, n.o.s.
 UN 3533 Polymerizing substance, solid, temperature controlled, 
n.o.s.
 UN 3534 Polymerizing substance, liquid, temperature 
controlled, n.o.s.

    These new Division 4.1 HMT entries are added for polymerizing 
substances that do not meet the criteria for inclusion in any other 
hazard class. In the absence of further rulemaking actions, these 
entries will cease to have effect two years from the effective date of 
this rulemaking. See the ``Comment Discussion'' section of this 
document for further discussion.

 Catecholborane (also known as 1, 3, 2-Benzodioxaborole)

    At the October 2015 meeting of the ICAO Dangerous Goods Panel (DGP/
25), the Panel was informed of an incident involving Catecholborane 
(also known as 1, 3, 2-Benzodioxaborole) that resulted in a 
recommendation to forbid transport of the substance by air unless 
transported in pressure receptacles and under cooled conditions. The 
material was classified as ``UN 2924, Flammable liquid, corrosive, 
n.o.s.'' The product properties indicate (1) that the substance 
decomposes to borane gas at a rate of 2 percent per week at room 
temperature, (2) that borane gas could ignite when in contact with 
moist air, and (3) that catecholborane could react violently with 
water. The incident occurred after transport of the substance was 
delayed for nine days as the result of extreme weather conditions with 
temperatures consistently above 33 [deg]C (91 [deg]F). After being 
stored for approximately two weeks at a low temperature at the 
destination, several bottles containing the substance exploded and 
caught fire. It was concluded that moist air entered the bottles during 
the long transit time under high temperatures causing a chemical 
reaction and pressure build up. Panel members suspected a 
classification problem, but they could not determine whether this was 
due to shipper error or a limitation in the classification criteria in 
the regulations. The issue was submitted to the attention of the UN 
Sub-Committee at the December 2016 meeting for further review and 
determination if a new classification was required. In the interim, a 
new light type entry was added to the ICAO Technical Instructions 
Dangerous Goods List with a new special provision A210 assigned to 
``Catecholborane'' and ``1, 3, 2-Benzodioxaborole'' forbidding the 
substance for transport by air on both passenger-carrying and cargo-
only aircraft. Transport on cargo-only aircraft would be possible with 
the approval of the State of Origin and State of the Operator.
    Consistent with the ICAO Technical Instructions, PHMSA is adding 
new HMT entries in italics for ``Catecholborane'' and ``1, 3, 2-
Benzodioxaborole'' and assigning a new special provision A210 
clarifying that this material is forbidden for air transport unless 
approved by the Associate Administrator for the Office of Hazardous 
Materials Safety. PHMSA received a comment from DGAC supporting the 
addition of these new entries in the HMT. Additionally, DGAC noted that 
it is unclear as to how this material is described, classed, packaged, 
etc. and requests guidance relative to the proper shipping description, 
class, label, etc. for this material. PHMSA acknowledges that for these 
two commodities the appropriate proper shipping description to be 
utilized based on the hazards presented is unclear. Therefore, these 
two specific technical names are added in italics in the table and not 
assigned to specific HMT entries.
Amendments to Column (2) Hazardous Materials Descriptions and Proper 
Shipping Names
    Section 172.101(c) describes column (2) of the HMT and the 
requirements for

[[Page 15805]]

hazardous materials descriptions and proper shipping names.
     PHMSA is amending the proper shipping name for ``UN 3269, 
Polyester resin kit'' by adding the italicized text ``liquid base 
material.'' This is consistent with the format of the new HMT entry for 
polyester resin kits with a solid base material.
     PHMSA is amending the proper shipping names for ``UN 3151, 
Polyhalogenated biphenyls, liquid or Polyhalogenated terphenyls, 
liquid'' and ``UN 3152, Polyhalogenated biphenyls, solid or 
Polyhalogenated terphenyls, solid'' by adding ``Halogenated 
monomethyldiphenylmethanes, liquid'' and ``Halogenated 
monomethyldiphenylmethanes, solid,'' respectively. Noting that 
halogenated monomethyldiphenylmethanes have similar chemical and 
ecotoxicological properties as polychlorinated biphenyls (PCBs) and 
polychlorinated terphenyls (PCTs), this revision ensures that they are 
considered as PCBs or PCTs for the purposes of transport.
Amendments to Column (3) Hazard Class or Division
    Section 172.101(d) describes column (3) of the HMT and the 
designation of the hazard class or division corresponding to each 
proper shipping name. PHMSA is revising the hazard class of ``UN 3507, 
Uranium hexafluoride, radioactive material, excepted package, less than 
0.1 kg per package, non-fissile or fissile-excepted,'' from Class 8 to 
Division 6.1 and subsequently adding the Class 8 hazard as a subsidiary 
hazard label code in column (6). This revision is based on the 
precedence provisions for classification of materials possessing more 
than one hazard and is consistent with the 19th Revised Edition of the 
UN Model Regulations. The presence of a Division 6.1 hazard was 
determined following a thorough review of literature and test data on 
uranium hexafluoride. A summary of the data and a proposal to revise 
the primary hazard class from Class 8 to Division 6.1 was provided in 
Working Paper ST/SG/AC.10/C.3/2014/60, which was submitted to the 45th 
session of the UN Sub-Committee of Experts on the Transport of 
Dangerous Goods (UNSCOE TDG) and is available at http://www.unece.org/fileadmin/DAM/trans/doc/2013/dgac10c3/ST-SG-AC.10-C.3-2014-60e.pdf.
Amendments to Column (6) Label(s)
    Section 172.101(g) describes column (6) of the HMT and the labels 
required (primary and subsidiary) for specific entries in the HMT.
    Data presented to UNSCOE TDG in this last biennium indicated a need 
for the addition of a subsidiary hazard of Division 6.1 to be assigned 
to ``UN 2815, N-Aminoethylpiperazine,'' ``UN 2977, Radioactive 
material, uranium hexafluoride, fissile,'' and ``UN 2978, Radioactive 
material, uranium hexafluoride non fissile or fissile-excepted.'' PHMSA 
is making appropriate amendments to the HMT to account for these 
revisions to the UN Model Regulations.
    For the HMT entry, ``UN 3507, Uranium hexafluoride, radioactive 
material, excepted package, less than 0.1 kg per package, non-fissile 
or fissile-excepted,'' PHMSA is revising the labels for consistency 
with the change made to the classification of this material under 
amendments to column (3). See discussion in the ``Amendments to column 
(3) hazard class or division'' section above. The Class 8 (Corrosive) 
primary hazard label is revised to a Division 6.1 primary hazard label 
and a Class 8 subsidiary hazard label in addition to the existing Class 
7 (Radioactive) subsidiary hazard label to read ``6.1, 7, 8.''
Amendments to Column (7) Special Provisions
    Section 172.101(h) describes column (7) of the HMT whereas Sec.  
172.102(c) prescribes the special provisions assigned to specific 
entries in the HMT. The particular modifications to the entries in the 
HMT are discussed below. See ``Section 172.102 special provisions'' 
below for a detailed discussion of the additions, revisions, and 
deletions to the special provisions addressed in this final rule.
     New special provision 157 is assigned to the HMT entry 
``UN 3527, Polyester resin kit, solid base material.''
     New special provision 379 is assigned to the HMT entries 
``UN 1005, Ammonia, anhydrous'' and ``UN 3516, Adsorbed gas, toxic, 
corrosive, n.o.s.''
     In the 19th Revised Edition of the UN Model Regulations, 
new special provision 386 was assigned to the four new ``n.o.s.'' HMT 
entries for polymerizing substances and to the 52 named substances in 
the HMT that polymerize, all of which contain the text ``stabilized'' 
as part of the proper shipping name, except for ``UN 2383, 
Dipropylamine'' (see Table 2 below). This new special provision 
includes transport controls to avoid dangerous polymerization reactions 
including the use of chemical stabilization or temperature control. 
U.S. Amines requested that PHMSA reconsider assigning special provision 
387 to Dipropylamine (UN 2383). They further asserted this material 
does not pose a polymerization risk and provided safety data sheets and 
other associated technical data to substantiate their claim. Based on a 
review of the material in question, PHMSA agrees and is not assigning 
either special provision 387 or stowage code 25 to this material.
    Special provision 387 states that if chemical stabilization becomes 
ineffective at lower temperatures within the anticipated duration of 
transport, temperature control is required. Special provision 387 goes 
on to provide a non-inclusive list of factors to be considered in 
determining whether temperature control is necessary, to include an 
evaluation of any other relevant factors that may impact the ability of 
the chemical stabilizer to perform its function. BAMM & MPA and Dow 
stated that they routinely transport stabilized materials in rail cars 
where no effective means of temperature control exist. Rail car 
shipments of these stabilized materials are made year round and, during 
the winter months, are provided to customers and contracted terminals 
who have demonstrated they have in place the equipment (i.e., typically 
tempered water/glycol systems) and procedures to safely thaw these 
monomers before use. BAMM & MPA and Dow requested in their comments 
that PHMSA clarify that ``any other relevant factors'' at the close of 
special provision 387 can include use of appropriate methods to safely 
thaw any shipment that does contain frozen product. The intent of the 
proposed requirement for temperature control if chemical stabilization 
becomes ineffective at lower temperatures is that it would only apply 
if at any point during transportation (including unloading incidental 
to movement) the chemical stabilizer would be incapable of performing 
its function. Operational controls to ensure a frozen material is 
thawed to ensure no polymerizing effect occurs are considered 
appropriate other relevant factors for the purposes of determining when 
temperature control is required.
    BAMM & MPA further requested that PHMSA amend special provision 387 
to more clearly indicate that chemical stabilization must be sufficient 
to prevent the bulk mean temperature of the package from reaching 50 
[deg]C. PHMSA agrees and is making the recommended change.
    In this final rule, new special provision 387 (special provision 
386 already exists) is assigned to the 51 HMT entries shown in Table 2. 
In the absence of further rulemaking actions, this special provision 
will sunset two years from the effective date of this

[[Page 15806]]

rulemaking. See the ``Comment Discussion'' section of this document for 
further discussion.

                                 Table 2
------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Acrolein dimer, stabilized..............................         UN 2607
Acrolein, stabilized....................................         UN 1092
Acrylic acid, stabilized................................         UN 2218
Acrylonitrile, stabilized...............................         UN 1093
Allyl isothiocyanate, stabilized........................         UN 1545
Allyltrichlorosilane, stabilized........................         UN 1724
Bicyclo [2,2,1] hepta-2,5-diene, stabilized or 2,5-              UN 2251
 Norbornadiene, stabilized..............................
Butadienes, stabilized or Butadienes and Hydrocarbon             UN 1010
 mixture, stabilized containing more than 40% butadienes
Butyl acrylates, stabilized.............................         UN 2348
n-Butyl methacrylate, stabilized........................         UN 2227
Butyl vinyl ether, stabilized...........................         UN 2352
1,2-Butylene oxide, stabilized..........................         UN 3022
Chloroprene, stabilized.................................         UN 1991
Crotonaldehyde or Crotonaldehyde, stabilized............         UN 1143
Cyanogen chloride, stabilized...........................         UN 1589
Diketene, stabilized....................................         UN 2521
Divinyl ether, stabilized...............................         UN 1167
Ethyl acrylate, stabilized..............................         UN 1917
Ethyl methacrylate, stabilized..........................         UN 2277
Ethylacetylene, stabilized..............................         UN 2452
Ethyleneimine, stabilized...............................         UN 1185
Hydrogen cyanide, stabilized with less than 3 percent            UN 1051
 water..................................................
Hydrogen cyanide, stabilized, with less than 3 percent           UN 1614
 water and absorbed in a porous inert material..........
Isobutyl acrylate, stabilized...........................         UN 2527
Isobutyl methacrylate, stabilized.......................         UN 2283
Isoprene, stabilized....................................         UN 1218
Methacrylaldehyde, stabilized...........................         UN 2396
Methacrylic acid, stabilized............................         UN 2531
Methacrylonitrile, stabilized...........................         UN 3079
Methyl acetylene and propadiene mixtures, stabilized....         UN 1060
Methyl acrylate, stabilized.............................         UN 1919
Methyl isopropenyl ketone, stabilized...................         UN 1246
Methyl methacrylate monomer, stabilized.................         UN 1247
Methyl vinyl ketone, stabilized.........................         UN 1251
Propadiene, stabilized..................................         UN 2200
Propyleneimine, stabilized..............................         UN 1921
Styrene monomer, stabilized.............................         UN 2055
Sulfur trioxide, stabilized.............................         UN 1829
Tetrafluoroethylene, stabilized.........................         UN 1081
Trifluorochloroethylene, stabilized or Refrigerant gas R         UN 1082
 1113...................................................
Vinyl acetate, stabilized...............................         UN 1301
Vinyl bromide, stabilized...............................         UN 1085
Vinyl butyrate, stabilized..............................         UN 2838
Vinyl chloride, stabilized..............................         UN 1086
Vinyl ethyl ether, stabilized...........................         UN 1302
Vinyl fluoride, stabilized..............................         UN 1860
Vinyl isobutyl ether, stabilized........................         UN 1304
Vinyl methyl ether, stabilized..........................         UN 1087
Vinylidene chloride, stabilized.........................         UN 1303
Vinylpyridines, stabilized..............................         UN 3073
Vinyltoluenes, stabilized...............................         UN 2618
------------------------------------------------------------------------

     New special provision 422 is assigned to the HMT entries 
``UN 3480, Lithium ion batteries including lithium ion polymer 
batteries''; ``UN 3481, Lithium ion batteries contained in equipment 
including lithium ion polymer batteries''; ``UN 3481 Lithium ion 
batteries packed with equipment including lithium ion polymer 
batteries''; ``UN 3090, Lithium metal batteries including lithium alloy 
batteries''; ``UN 3091, Lithium metal batteries contained in equipment 
including lithium alloy batteries''; and ``UN3091, Lithium metal 
batteries packed with equipment including lithium alloy batteries.''
     Special provision 134 is removed from the HMT entry ``UN 
3072, Life-saving appliances, not self-inflating containing dangerous 
goods as equipment'' and replaced with new special provision 182 as 
proposed in the NPRM. In reviewing the assignment of special provision 
134 to ``UN 3072'' to make this clarification, PHMSA found that the 
provisions of special provision 134 are not assigned to ``UN 3072'' in 
any international standard, but rather to the entry for ``UN 3171, 
Battery-powered vehicle or Battery-powered equipment.'' Although 
special provision 134 does require that equipment powered only by 
lithium metal batteries or lithium ion batteries must be consigned 
under the entries associated with lithium batteries contained in or 
packed with equipment, the rest of special provision 134 is not 
applicable

[[Page 15807]]

to ``Life-saving appliances, not self-inflating containing dangerous 
goods as equipment.'' As a result, PHMSA is adding a new special 
provision 182 applicable only to the HMT entry for ``UN 3072, Life-
saving appliances, not self-inflating containing dangerous goods as 
equipment'' to clarify that equipment containing only lithium batteries 
must be classified as either lithium batteries contained in or packed 
with equipment ``UN 3091'' or ``UN 3481,'' as appropriate.
     New special provision A210 is assigned to the new HMT 
italicized entries for ``Catecholborane'' and ``1, 3, 2-
Benzodioxaborole.''
     New special provision A212 is assigned to the HMT entry 
for ``UN 2031, Nitric acid other than red fuming, with more than 20 
percent and less than 65 percent nitric acid.''
     New special provision B134 is assigned to the Packing 
Group (PG) III entries in Table 3 consistent with revisions to the IMDG 
Code.

                                 Table 3
------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Aluminum powder, coated.................................         UN 1309
Ferrous metal borings or Ferrous metal shavings or               UN 2793
 Ferrous metal turnings or Ferrous metal cuttings in a
 form liable to self-heating............................
Iron oxide, spent, or Iron sponge, spent obtained from           UN 1376
 coal gas purification..................................
Magnesium or Magnesium alloys with more than 50 percent          UN 1869
 magnesium in pellets, turnings or ribbons..............
Peroxides, inorganic, n.o.s.............................         UN 1483
Titanium sponge granules or Titanium sponge powders.....         UN 2878
------------------------------------------------------------------------

     New special provision B135 is assigned to the PG III 
entries in Table 4 consistent with revisions to the IMDG Code.

                                 Table 4
------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Hafnium powder, dry.....................................         UN 2545
Metal catalyst, dry.....................................         UN 2881
Metal powder, self-heating, n.o.s.......................         UN 3189
Titanium powder, dry....................................         UN 2546
Zirconium powder, dry...................................         UN 2008
Zirconium scrap.........................................         UN 1932
------------------------------------------------------------------------

     Special provision TP1 is changed to TP2 for the following 
entries: ``UN 2672, Ammonia solution, relative density between 0.880 
and 0.957 at 15 degrees C in water, with more than 10 percent but not 
more than 35 percent ammonia''; ``UN 2709, Butyl benzenes''; ``UN 2241, 
Cycloheptane''; ``UN 1206, Heptanes''; ``UN 1208, Hexanes''; ``UN 2294, 
N-Methylaniline''; ``UN 2296, Methylcyclohexane''; ``UN 1920, 
Nonanes''; ``UN 1262, Octanes''; ``UN 2368, alpha-Pinene''; ``UN 1272, 
Pine oil''; ``UN 2850, Propylene tetramer''; ``UN 2325, 1,3,5-
Trimethylbenzene''; ``UN 2057, Tripropylene''; ``UN 1299, Turpentine''; 
and ``UN 1840, Zinc chloride, solution.'' Tank provision TP2 authorizes 
a slightly lower degree of filling than TP1. The IMDG Code follows a 
guiding principle that assigns TP2 to materials that are marine 
pollutants. In a previous harmonization rulemaking [HM-215M; 80 FR 1075 
(Jan. 8, 2015)], PHMSA added various hazardous materials to the list of 
marine pollutants in appendix B to Sec.  172.101, but both the HMT and 
IMDG Code failed to change the TP code from TP1 to TP2 to authorize a 
lower degree of filling.
     Special provisions T9, TP7, and TP33 are assigned to the 
HMT entry ``UN 1415, Lithium.'' This permits UN 1415 for transportation 
in UN portable tanks consistent with similar Division 4.3, PG I 
materials.
     New special provisions W31, W32, W40, and W100 are 
assigned to certain water-reactive substances. The special provisions 
correspond with special packaging provisions PP31, PP31 ``modified'' 
(Packing Instruction P403), PP40, and PP100 of the IMDG Code, 
respectively. Table 5 contains the changes listed in alphabetical order 
and showing the proper shipping name, UN identification number, and the 
special provision(s).

                                 Table 5
------------------------------------------------------------------------
          Proper shipping name                UN No.        Addition(s)
------------------------------------------------------------------------
Alkali metal alcoholates, self-heating,          UN 3206             W31
 corrosive, n.o.s.......................
Alkali metal alloys, liquid, n.o.s......         UN 1421             W31
Alkali metal amalgam, liquid............         UN 1389             W31
Alkali metal amalgam, solid.............         UN 3401             W32
Alkali metal amides.....................         UN 1390        W31, W40
Alkali metal dispersions, flammable or           UN 3482             W31
 Alkaline earth metal dispersions,
 flammable..............................
Alkali metal dispersions, or Alkaline            UN 1391             W31
 earth metal dispersions................
Alkaline earth metal alcoholates, n.o.s.         UN 3205             W31
Alkaline earth metal alloys, n.o.s......         UN 1393        W31, W40
Alkaline earth metal amalgams, liquid...         UN 1392             W31
Alkaline earth metal amalgams, solid....         UN 3402             W32

[[Page 15808]]

 
Aluminum carbide........................         UN 1394        W31, W40
Aluminum ferrosilicon powder (PG II)....         UN 1395        W31, W40
Aluminum hydride........................         UN 2463             W32
Aluminum phosphide......................         UN 1397             W32
Aluminum phosphide pesticides...........         UN 3048             W31
Aluminum powder, coated.................         UN 1309            W100
Aluminum powder, uncoated...............         UN 1396        W31, W40
Aluminum silicon powder, uncoated.......         UN 1398        W31, W40
Aluminum smelting by-products or                 UN 3170        W31, W40
 Aluminum remelting by-products (PG II).
Aluminum smelting by-products or                 UN 3170             W31
 Aluminum remelting by-products (PG III)
2-Amino-4,6-Dinitrophenol, wetted with           UN 3317             W31
 not less than 20 percent water by mass.
Ammonium picrate, wetted with not less           UN 1310             W31
 than 10 percent water, by mass.........
Arsenic acid, liquid....................         UN 1533             W31
Barium..................................         UN 1400        W31, W40
Barium alloys, pyrophoric...............         UN 1854             W31
Barium azide, wetted with not less than          UN 1571             W31
 50 percent water, by mass..............
Barium cyanide..........................         UN 1565             W31
Barium peroxide.........................         UN 1449            W100
Beryllium, powder.......................         UN 1567            W100
Boron trifluoride diethyl etherate......         UN 2604             W31
Boron trifluoride dimethyl etherate.....         UN 2965             W31
Bromobenzyl cyanides, liquid............         UN 1694             W31
Bromobenzyl cyanides, solid.............         UN 3449             W31
Calcium.................................         UN 1401        W31, W40
Calcium carbide (PG I)..................         UN 1402             W32
Calcium carbide (PG II).................         UN 1402        W31, W40
Calcium cyanamide with more than 0.1             UN 1403        W31, W40
 percent of calcium carbide.............
Calcium cyanide.........................         UN 1575             W31
Calcium dithionite or Calcium                    UN 1923             W31
 hydrosulfite...........................
Calcium hydride.........................         UN 1404             W32
Calcium manganese silicon...............         UN 2844             W31
Calcium peroxide........................         UN 1457            W100
Calcium phosphide.......................         UN 1360             W32
Calcium, pyrophoric or Calcium alloys,           UN 1855             W31
 pyrophoric.............................
Calcium silicide (PG II)................         UN 1405             W31
Calcium silicide (PG III)...............         UN 1405        W31, W40
Carbon, activated.......................         UN 1362             W31
Carbon disulfide........................         UN 1131             W31
Cerium, slabs, ingots, or rods..........         UN 1333            W100
Cerium, turnings or gritty powder.......         UN 3078        W31, W40
Cesium or Caesium.......................         UN 1407             W32
Chloric acid aqueous solution, with not          UN 2626             W31
 more than 10 percent chloric acid......
Chlorosilanes, water-reactive,                   UN 2988             W31
 flammable, corrosive, n.o.s............
Chromium trioxide, anhydrous............         UN 1463             W31
Corrosive solids, water-reactive, n.o.s.         UN 3096            W100
 (PG II)................................
Cyanogen bromide........................         UN 1889             W31
Decaborane..............................         UN 1868             W31
Dinitrophenol, wetted with not less than         UN 1320             W31
 15 percent water, by mass..............
Dinitrophenolates, wetted with not less          UN 1321             W31
 than 15 percent water, by mass.........
Dinitroresorcinol, wetted with not less          UN 1322             W31
 than 15 percent water, by mass.........
Diphenylamine chloroarsine..............         UN 1698             W31
Diphenylchloroarsine, liquid............         UN 1699             W31
Diphenylchloroarsine, solid.............         UN 3450             W31
Dipicryl sulfide, wetted with not less           UN 2852             W31
 than 10 percent water, by mass.........
Ethyldichlorosilane.....................         UN 1183             W31
Ferrocerium.............................         UN 1323            W100
Ferrosilicon with 30 percent or more but         UN 1408            W100
 less than 90 percent silicon...........
Ferrous metal borings or Ferrous metal           UN 2793            W100
 shavings or Ferrous metal turnings or
 Ferrous metal cuttings in a form liable
 to self-heating........................
Fibers or Fabrics, animal or vegetable           UN 1373             W31
 or Synthetic, n.o.s. with animal or
 vegetable oil..........................
Fish meal, unstabilized or Fish scrap,           UN 1374        W31, W40
 unstabilized...........................
Hafnium powder, dry.....................         UN 2545             W31
Hafnium powder, wetted with not less             UN 1326        W31, W40
 than 25 percent water (a visible excess
 of water must be present) (a)
 mechanically produced, particle size
 less than 53 microns; (b) chemically
 produced, particle size less than 840
 microns................................
Iron oxide, spent, or Iron sponge, spent         UN 1376            W100
 obtained from coal gas purification....
Isocyanates, flammable, toxic, n.o.s. or         UN 2478             W31
 Isocyanate solutions, flammable, toxic,
 n.o.s. flash point less than 23 degrees
 C......................................
Lithium.................................         UN 1415             W32
Lithium aluminum hydride................         UN 1410             W32
Lithium borohydride.....................         UN 1413             W32
Lithium ferrosilicon....................         UN 2830        W31, W40

[[Page 15809]]

 
Lithium hydride.........................         UN 1414             W32
Lithium hydride, fused solid............         UN 2805        W31, W40
Lithium nitride.........................         UN 2806             W32
Lithium peroxide........................         UN 1472            W100
Lithium silicon.........................         UN 1417        W31, W40
Magnesium aluminum phosphide............         UN 1419             W32
Magnesium diamide.......................         UN 2004             W31
Magnesium granules, coated, particle             UN 2950            W100
 size not less than 149 microns.........
Magnesium hydride.......................         UN 2010             W32
Magnesium or Magnesium alloys with more          UN 1869            W100
 than 50 percent magnesium in pellets,
 turnings or ribbons....................
Magnesium peroxide......................         UN 1476            W100
Magnesium phosphide.....................         UN 2011             W32
Magnesium, powder or Magnesium alloys,           UN 1418             W32
 powder (PG I)..........................
Magnesium, powder or Magnesium alloys,           UN 1418        W31, W40
 powder (PG II).........................
Magnesium, powder or Magnesium alloys,           UN 1418             W31
 powder (PG III)........................
Magnesium silicide......................         UN 2624        W31, W40
Maneb or Maneb preparations with not             UN 2210            W100
 less than 60 percent maneb.............
Maneb stabilized or Maneb preparations,          UN 2968            W100
 stabilized against self-heating........
Mercuric potassium cyanide..............         UN 1626             W31
Metal catalyst, dry.....................         UN 2881             W31
Metal catalyst, wetted with a visible            UN 1378        W31, W40
 excess of liquid.......................
Metal hydrides, flammable, n.o.s. (PG            UN 3182        W31, W40
 II)....................................
Metal hydrides, flammable, n.o.s. (PG            UN 3182             W31
 III)...................................
Metal hydrides, water reactive, n.o.s.           UN 1409             W32
 (PG I).................................
Metal hydrides, water reactive, n.o.s.           UN 1409        W31, W40
 (PG II)................................
Metal powder, self-heating, n.o.s.......         UN 3189             W31
Metal powders, flammable, n.o.s.........         UN 3089            W100
Metal salts of organic compounds,                UN 3181             W31
 flammable, n.o.s.......................
Metallic substance, water-reactive,              UN 3208             W32
 n.o.s. (PG I)..........................
Metallic substance, water-reactive,              UN 3207             W31
 n.o.s. (PG II).........................
Metallic substance, water-reactive,              UN 3208        W31, W40
 n.o.s. (PG III)........................
Metallic substance, water-reactive, self-        UN 3209             W32
 heating, n.o.s. (PG I and III).........
Metallic substance, water-reactive, self-        UN 3209        W32, W40
 heating, n.o.s. (PG II)................
Methyldichlorosilane....................         UN 1242             W31
Nitrocellulose, with not more than 12.6          UN 2557             W31
 percent nitrogen, by dry mass mixture
 with or without plasticizer, with or
 without pigment........................
Nitrocellulose with alcohol with not             UN 2556             W31
 less than 25 percent alcohol by mass,
 and with not more than 12.6 percent
 nitrogen, by dry mass..................
Nitrocellulose with water with not less          UN 2555             W31
 than 25 percent water by mass..........
Nitroguanidine, wetted or Picrite,               UN 1336             W31
 wetted with not less than 20 percent
 water, by mass.........................
4-Nitrophenylhydrazine, with not less            UN 3376             W31
 than 30 percent water, by mass.........
Nitrostarch, wetted with not less than           UN 1337             W31
 20 percent water, by mass..............
Organometallic substance, liquid, water-         UN 3398             W31
 reactive...............................
Organometallic substance, liquid, water-         UN 3399             W31
 reactive, flammable....................
Organometallic substance, solid, water-          UN 3395             W31
 reactive...............................
Organometallic substance, solid, water-          UN 3396             W31
 reactive, flammable....................
Organometallic substance, solid, water-          UN 3397             W31
 reactive, self-heating.................
Osmium tetroxide........................         UN 2471             W31
Paper, unsaturated oil treated                   UN 1379             W31
 incompletely dried (including carbon
 paper).................................
Peroxides, inorganic, n.o.s.............         UN 1483            W100
9-Phosphabicyclononanes or                       UN 2940             W31
 Cyclooctadiene phosphines..............
Phosphorus heptasulfide, free from               UN 1339             W31
 yellow or white phosphorus.............
Phosphorus pentasulfide, free from               UN 1340        W31, W40
 yellow or white phosphorus.............
Phosphorus sesquisulfide, free from              UN 1341             W31
 yellow or white phosphorus.............
Phosphorus trisulfide, free from yellow          UN 1343             W31
 or white phosphorus....................
Phosphorus, white dry or Phosphorus,             UN 1381             W31
 white, under water or Phosphorus white,
 in solution or Phosphorus, yellow dry
 or Phosphorus, yellow, under water or
 Phosphorus, yellow, in solution........
Potassium...............................         UN 2257             W32
Potassium borohydride...................         UN 1870             W32
Potassium cyanide, solid................         UN 1680             W31
Potassium cyanide solution..............         UN 3413             W31
Potassium dithionite or Potassium                UN 1929             W31
 hydrosulfite...........................
Potassium, metal alloys, liquid.........         UN 1420             W31
Potassium, metal alloys, solid..........         UN 3403             W32
Potassium phosphide.....................         UN 2012             W32
Potassium sodium alloys, liquid.........         UN 1422             W31
Potassium sodium alloys, solid..........         UN 3404             W32
Potassium sulfide, anhydrous or                  UN 1382        W31, W40
 Potassium sulfide with less than 30
 percent water of crystallization.......
Pyrophoric liquids, organic, n.o.s......         UN 2845             W31
Pyrophoric metals, n.o.s., or Pyrophoric         UN 1383             W31
 alloys, n.o.s..........................
Pyrophoric solid, inorganic, n.o.s......         UN 3200             W31
Pyrophoric solids, organic, n.o.s.......         UN 2846             W31

[[Page 15810]]

 
Rubidium................................         UN 1423             W32
Self-heating liquid, corrosive,                  UN 3188             W31
 inorganic, n.o.s.......................
Self-heating liquid, corrosive, organic,         UN 3185             W31
 n.o.s..................................
Self-heating liquid, inorganic, n.o.s...         UN 3186             W31
Self-heating liquid, organic, n.o.s.....         UN 3183             W31
Self-heating liquid, toxic, inorganic,           UN 3187             W31
 n.o.s..................................
Self-heating liquid, toxic, organic,             UN 3184             W31
 n.o.s..................................
Self-heating solid, inorganic, n.o.s....         UN 3190             W31
Self-heating solid, organic, n.o.s......         UN 3088             W31
Silver picrate, wetted with not less             UN 1347             W31
 than 30 percent water, by mass.........
Sodium..................................         UN 1428             W32
Sodium aluminum hydride.................         UN 2835        W31, W40
Sodium borohydride......................         UN 1426             W32
Sodium cyanide, solid...................         UN 1689             W31
Sodium cyanide solution.................         UN 3414             W31
Sodium dinitro-o-cresolate, wetted with          UN 3369             W31
 not less than 10% water, by mass.......
Sodium dinitro-o-cresolate, wetted with          UN 1348             W31
 not less than 15 percent water, by mass
Sodium dithionite or Sodium hydrosulfite         UN 1384             W31
Sodium hydride..........................         UN 1427             W32
Sodium hydrosulfide, with less than 25           UN 2318             W31
 percent water of crystallization.......
Sodium methylate........................         UN 1431             W31
Sodium phosphide........................         UN 1432             W32
Sodium picramate, wetted with not less           UN 1349             W31
 than 20 percent water, by mass.........
Sodium sulfide, anhydrous or Sodium              UN 1385        W31, W40
 sulfide with less than 30 percent water
 of crystallization.....................
Stannic phosphide.......................         UN 1433             W32
Strontium peroxide......................         UN 1509            W100
Strontium phosphide.....................         UN 2013             W32
Tear gas substances, liquid, n.o.s......         UN 1693             W31
Tear gas substance, solid, n.o.s........         UN 3448             W31
4-Thiapentanal..........................         UN 2785             W31
Thiourea dioxide........................         UN 3341             W31
Titanium disulphide.....................         UN 3174             W31
Titanium hydride........................         UN 1871        W31, W40
Titanium powder, dry....................         UN 2546             W31
Titanium powder, wetted with not less            UN 1352        W31, W40
 than 25 percent water (a visible excess
 of water must be present) (a)
 mechanically produced, particle size
 less than 53 microns; (b) chemically
 produced, particle size less than 840
 microns................................
Titanium sponge granules or Titanium             UN 2878            W100
 sponge powders.........................
Titanium trichloride, pyrophoric or              UN 2441             W31
 Titanium trichloride mixtures,
 pyrophoric.............................
Toxic solids, water-reactive, n.o.s.....         UN 3125            W100
Trichlorosilane.........................         UN 1295             W31
Trinitrobenzene, wetted, with not less           UN 3367             W31
 than 10% water, by mass................
Trinitrobenzene, wetted with not less            UN 1354             W31
 than 30 percent water, by mass.........
Trinitrobenzoic acid, wetted with not            UN 3368             W31
 less than 10% water by mass............
Trinitrobenzoic acid, wetted with not            UN 1355             W31
 less than 30 percent water, by mass....
Trinitrochlorobenzene (picryl chloride),         UN 3365             W31
 wetted, with not less than 10% water by
 mass...................................
Trinitrophenol (picric acid), wetted,            UN 3364             W31
 with not less than 10 percent water by
 mass...................................
Trinitrophenol, wetted with not less             UN 1344             W31
 than 30 percent water, by mass.........
Trinitrotoluene (TNT), wetted, with not          UN 3366             W31
 less than 10 percent water by mass.....
Trinitrotoluene, wetted or TNT, wetted,          UN 1356             W31
 with not less than 30 percent water by
 mass...................................
Urea nitrate, wetted, with not less than         UN 3370             W31
 10 percent water by mass...............
Urea nitrate, wetted with not less than          UN 1357             W31
 20 percent water, by mass..............
Water-reactive liquid, n.o.s............         UN 3148             W31
Water-reactive solid, corrosive, n.o.s.          UN 3131             W31
 (PG I and III).........................
Water-reactive solid, corrosive, n.o.s.          UN 3131        W31, W40
 (PG II)................................
Water-reactive solid, flammable, n.o.s.          UN 3132             W31
 (PG I and III).........................
Water-reactive solid, flammable, n.o.s.          UN 3132        W31, W40
 (PG II)................................
Water-reactive solid, n.o.s. (PG I).....         UN 2813             W32
Water-reactive solid, n.o.s. (PG II)....         UN 2813        W31, W40
Water-reactive solid, n.o.s. (PG III)...         UN 2813             W31
Water-reactive solid, self-heating,              UN 3135             W31
 n.o.s. (PG I and III)..................
Water-reactive solid, self-heating,              UN 3135        W31, W40
 n.o.s. (PG II).........................
Water-reactive solid, toxic, n.o.s. (PG          UN 3134             W31
 I and III).............................
Water-reactive solid, toxic, n.o.s. (PG          UN 3134        W31, W40
 II)....................................
Xanthates...............................         UN 3342             W31
Xylyl bromide, liquid...................         UN 1701             W31
Zinc ashes..............................         UN 1435            W100
Zinc peroxide...........................         UN 1516            W100
Zinc phosphide..........................         UN 1714             W32
Zinc powder or Zinc dust (PG I and III).         UN 1436             W31
Zinc powder or Zinc dust (PG II)........         UN 1436        W31, W40
Zirconium hydride.......................         UN 1437        W31, W40

[[Page 15811]]

 
Zirconium, dry, coiled wire, finished            UN 2858            W100
 metal sheets, strip (thinner than 254
 microns but not thinner than 18
 microns)...............................
Zirconium, dry, finished sheets, strip           UN 2009             W31
 or coiled wire.........................
Zirconium picramate, wetted with not             UN 1517             W31
 less than 20 percent water, by mass....
Zirconium powder, dry...................         UN 2008             W31
Zirconium powder, wetted with not less           UN 1358        W31, W40
 than 25 percent water (a visible excess
 of water must be present) (a)
 mechanically produced, particle size
 less than 53 microns; (b) chemically
 produced, particle size less than 840
 microns................................
Zirconium scrap.........................         UN 1932             W31
------------------------------------------------------------------------

    PHMSA received comment from DGAC noting for UN Numbers 1309, 1376, 
1390, 1394, 1396, 1400, 1401, 1402 (PG II), 1405, 1417, 1483 (PG III), 
1869, 1932, 2545 (PG III), 2546 (PG III), 2624, 2793, 2813 (PG II and 
III), 2830, 2878, 2881 (PG III), 3078, 3170, and 3208 (PG II and III), 
special provision IP4 was assigned in the regulatory text without 
corresponding discussion in the preamble. DGAC is correct that the 
assignment of these IP Codes was not discussed in the preamble; 
however, this omission was unintentional. The assignment of IP4 to 
these HMT entries was a result of aligning the HMR with the water-
reactive packaging provisions for IBCs prescribed in the IMDG Code. 
Specifically, the provisions of IP4 are consistent with Special packing 
provision B4 of the IMDG Code. Special provision IP4 states, 
``Flexible, fiberboard or wooden IBCs must be sift-proof and water-
resistant or be fitted with a sift-proof and water-resistant liner.'' 
Based on further review of the implementation effects of this issue, a 
new special provision IP21, applicable only to vessel transport but 
with the same provisions as IP4, is assigned.
    PHMSA received one comment from DGAC noting for the entry ``UN 
2793'' that special provision IP3 is missing from column (7) in the 
proposed HMT. This was an inadvertent omission. Special provision IP3 
has been reestablished.
Amendments to Column (9) Quantity Limitations
    Section 172.101(j) describes column (9) of the HMT and the quantity 
limitations for specific entries. Furthermore, columns (9A) and (9B) 
specify the maximum quantities that may be offered for transportation 
in one package by passenger-carrying aircraft or passenger-carrying 
rail car (column (9A)) or by cargo-only aircraft (column (9B)). The 
indication of ``forbidden'' means the material may not be offered for 
transportation or transported in the applicable mode of transport.
    In this final rule, PHMSA is amending for column (9B) a quantity 
limit of 75 kg for ``UN 0501, Propellant, solid, Division 1.4C.'' 
Previously, column (9B) forbade the transport of UN 0501 by cargo-only 
aircraft as proposed in the NPRM. This new quantity limit is consistent 
with the authorized quantity limit found in the ICAO Technical 
Instructions.
Amendments to Column (10) Vessel Stowage Requirements
    Section 172.101(k) explains the purpose of column (10) of the HMT 
and prescribes the vessel stowage and segregation requirements for 
specific entries. Column (10) is divided into two columns: Column (10A) 
[Vessel stowage] specifies the authorized stowage locations on board 
cargo and passenger vessels, and column (10B) [Other provisions] 
specifies special stowage and segregation provisions. The meaning of 
each code in column (10B) is set forth in Sec.  176.84.
    Consistent with changes to Amendment 38-16 of the IMDG Code, PHMSA 
is making numerous changes to the vessel stowage location codes shown 
in column (10A) of the HMT. The majority of these changes are a result 
of those made to the IMDG Code to ensure the safe transportation of 
substances requiring stabilization when transported by vessel. Table 6 
contains the changes listed in alphabetical order and showing the 
proper shipping name, UN identification number, current vessel stowage 
location code, and new vessel stowage location.

                                                     Table 6
----------------------------------------------------------------------------------------------------------------
                                                                                 Current vessel     New vessel
                     Proper shipping name                           UN No.        stowage code     stowage code
----------------------------------------------------------------------------------------------------------------
Acrolein dimer, stabilized....................................            2607               A                 C
Acrylonitrile, stabilized.....................................            1093               E                D
N-Aminoethylpiperazine........................................            2815               A                B
Butyl acrylates, stabilized...................................            2348               A                 C
n-Butyl methacrylate, stabilized..............................            2227               A                 C
Butyl vinyl ether, stabilized.................................            2352               B                 C
1,2-Butylene oxide, stabilized................................            3022               B                 C
Ethyl acrylate, stabilized....................................            1917               B                 C
Ethyl methacrylate, stabilized................................            2277               B                 C
Isobutyl acrylate, stabilized.................................            2527               A                 C
Isobutyl methacrylate, stabilized.............................            2283               A                 C
Isoprene, stabilized..........................................            1218               E                D
Methacrylaldehyde, stabilized.................................            2396               E                D
Methyl acrylate, stabilized...................................            1919               B                 C
Methyl isopropenyl ketone, stabilized.........................            1246               B                 C
Methyl methacrylate monomer, stabilized.......................            1247               B                 C
Potassium superoxide..........................................            2466               E                D
Propyleneimine, stabilized....................................            1921               B                D
Radioactive material, uranium hexafluoride non fissile or                 2978               A                B
 fissile-excepted.............................................

[[Page 15812]]

 
Radioactive material, uranium hexafluoride, fissile...........            2977               A                B
Styrene monomer, stabilized...................................            2055               A                 C
Vinyl acetate, stabilized.....................................            1301               B                 C
Vinyl butyrate, stabilized....................................            2838               B                 C
Vinyl isobutyl ether, stabilized..............................            1304               B                 C
Vinylidene chloride, stabilized...............................            1303               E                D
Vinyltoluenes, stabilized.....................................            2618               A                 C
----------------------------------------------------------------------------------------------------------------

    With the addition of a Division 6.1 subsidiary hazard to ``UN 2815, 
N-Aminoethylpiperazine,'' ``UN 2977, Radioactive material, uranium 
hexafluoride, fissile,'' and ``UN 2978, Radioactive material, uranium 
hexafluoride non fissile or fissile-excepted,'' PHMSA is adding code 
``40,'' which indicates that the material must be stowed clear of 
living quarters, to column (10B) for these entries to remain consistent 
with the IMDG Code.
    As a consequence of adding special provision 387, which addresses 
stabilization requirements to 51 existing entries in the HMT that are 
identified as requiring such, the IMO amended vessel stowage 
requirements for these entries. PHMSA is adding code ``25'' to column 
(10B) for the same 51 entries identified in Table 2. We note that the 
IMDG Code did not assign stowage provisions equivalent to code ``25'' 
to ``UN 1167, Divinyl ether, stabilized.'' Stowage code ``25'' requires 
these materials to be protected from sources of heat. PHMSA believes 
the omission of this stowage requirement in the IMDG Code to be an 
oversight, and we are adding stowage code ``25'' to this HMR entry. In 
the NPRM, we had proposed assigning stowage code ``25'' to UN 2383, 
Dipropylamine, but based on comments received from U.S. Amines 
indicating the material is not a polymerizing substance, we are not 
adding stowage code ``25'' to this entry. In the absence of further 
rulemaking actions, these provisions will sunset two years from the 
effective date of this rulemaking. See the ``Comment Discussion'' 
section of this document for further discussion.
    Code ``28'' requires materials to which this code is assigned to be 
stowed away from flammable liquids. In this final rule, consistent with 
changes to the IMDG Code, PHMSA is removing code ``28'' from column 
(10B) for the following HMT entries: ``UN 2965, Boron trifluoride 
dimethyl etherate''; ``UN 2988, Chlorosilanes, water-reactive, 
flammable, corrosive, n.o.s''; ``UN 1183, Ethyldichlorosilane''; ``UN 
1242, Methyldichlorosilane''; ``UN 3490, Toxic by inhalation liquid, 
water-reactive, flammable, n.o.s. with an LC50 lower than or equal to 
200 ml/m3 and saturated vapor concentration greater than or equal to 
500 LC50''; and ``UN 1295, Trichlorosilane.''
    PHMSA received comments from two commenters concerning amendments 
to column (10). Sean Bevan provided general support for harmonization 
in this area, while DGAC provided multiple editorial comments related 
to the assignment of various vessel stowage codes. The DGAC comments 
are summarized as follows:
     ``UN 3402, Alkaline earth metal amalgams, solid,'' lists 
vessel stowage code ``14'' in column (10B). DGAC believes the code 
should be ``148.'' PHMSA agrees and has amended column (10B) 
accordingly.
     ``UN 2968, Maneb stabilized or Maneb preparations, 
stabilized against self-heating,'' lists vessel stowage code ``25'' in 
column (10B). DGAC states the current entry does not have this code and 
there is no discussion in the preamble of the NPRM regarding its 
addition. PHMSA agrees that code ``25'' should not have been proposed 
in association with this entry and has removed it accordingly.
     ``UN 3395, Organometallic substance, solid, water-
reactive,'' the PGI entry lists vessel stowage code ``14'' in column 
(10B). DGAC believes the code should be ``148.'' PHMSA agrees and has 
amended column (10B) accordingly.
     ``UN 3397, Organometallic substance, solid, water-
reactive, self-heating,'' the PGII and III entries list vessel stowage 
code ``14'' in column (10B). DGAC believes the code should be ``148.'' 
PHMSA agrees and has amended column (10B) accordingly.
     ``UN 2257, Potassium,'' vessel stowage codes ``13'' and 
``148'' do not appear in column (10B). DGAC believes these codes were 
inadvertently omitted and should be shown. PHMSA agrees that codes 
``13'' and ``148'' should not have been proposed for removal in 
association with this entry and has reinserted them into the HMT.
     ``UN 3367, Trinitrobenzene, wetted, with not less than 10% 
water, by mass,'' lists vessel stowage code ``3'' in column (10B). DGAC 
believes the code should be ``36.'' PHMSA agrees and has amended column 
(10B) accordingly.
     ``UN1085, Vinyl bromide, stabilized,'' lists stowage 
location ``C'' in column (10A). DGAC believes the code should be ``B.'' 
PHMSA agrees and has amended column (10A) accordingly.
Appendix B to Sec.  172.101:
    Appendix B to Sec.  172.101 lists marine pollutants regulated under 
the HMR. PHMSA is revising the list of marine pollutants by adding five 
new entries to remain consistent with the IMDG Code. These changes 
include those substances that were either assigned a ``P'' in the 
dangerous goods list or identified in the alphabetical index to 
Amendment 38-16 of the IMDG Code--based on review of evaluations for 
each individual material, and associated isomers where appropriate, 
performed by the Group of Experts on the Scientific Aspects of Marine 
Environmental Protection (GESAMP) and the GESAMP defining criteria for 
marine pollutants. The following entries are added to the list of 
marine pollutants in appendix B to Sec.  172.101: Hypochlorite 
solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane; 
and Tripropylene. DGAC commented that there already exists an entry in 
the list of marine pollutants for ``hexane,'' so there is no need to 
add the entry ``hexanes.'' PHMSA agrees and is not adding a duplicative 
entry for ``hexanes.'' IVODGA commented with general support for the 
addition of these entries.
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. In this final 
rule, PHMSA is making the following revisions to Sec.  172.102 special 
provisions:
     Special Provision 40: Special provision 40 prescribes the 
criteria for classification of a ``Polyester resin kit.''

[[Page 15813]]

PHMSA is revising special provision 40 by authorizing a polyester resin 
kit to contain a Division 4.1 base material consistent with the new HMT 
entry ``UN 3527, Polyester resin kit, solid base material, 4.1.''
     Special Provision 134: Special provision 134 prescribes 
the applicability of the HMT entry ``UN 3171, Battery-powered vehicle 
or Battery-powered equipment.'' PHMSA is revising special provision 134 
by amending the list of battery-powered vehicle examples to include 
trucks, locomotives, bicycles (pedal cycles with an electric motor) and 
other vehicles of this type (e.g., self-balancing vehicles or vehicles 
not equipped with at least one seating position), and self-propelled 
farming and construction equipment. In addition, PHMSA is organizing 
the structure of the special provision into paragraph form for ease of 
reading. PHMSA received a comment from UPS stating that the amendment 
to special provision 134 categorizes hoverboards as battery-powered 
vehicles and not lithium batteries contained in equipment. UPS argued 
that this classification obscures to carriers the presence of lithium 
batteries with no indication in the proper shipping name that lithium 
batteries are present and requested that the United Nations reconsider 
this amendment during the next biennium. PHMSA notes these concerns and 
will consider whether the issue should be reconsidered during the next 
UN biennium. In the interest of ensuring proper shipping names utilized 
by shippers are consistent in all transport modes, we are adopting the 
amendments to special provision 134 as proposed in the NPRM.
     Special Provision 135: Special provision 135 specifies 
that an internal combustion engine installed in a vehicle must be 
consigned to the entries ``Vehicle, flammable gas powered'' or 
``Vehicle, flammable liquid powered,'' as appropriate. PHMSA is 
revising special provision 135 by clarifying that vehicles powered by 
both a flammable liquid and a flammable gas internal combustion engine 
must be consigned to the entry ``Vehicle, flammable gas powered.'' In 
addition, PHMSA is revising special provision 135 by clarifying that 
for the purpose of this special provision, a ``vehicle'' is a self-
propelled apparatus designed to carry one or more persons or goods. A 
list of examples is provided.
     Special Provision 157: PHMSA is adding new special 
provision 157 and assigning it to ``UN 3527, Polyester resin kit, solid 
base material.'' The special provision allows the maximum net capacity 
for inner packagings of flammable solids in PG II to be increased to no 
more than 5 kg (11 pounds) when the material is transported as a 
limited quantity.
     Special Provision 181: PHMSA is adding new special 
provision 181 and assigning it to ``UN 3481, Lithium ion batteries 
contained in equipment''; ``UN 3481, Lithium ion batteries packed with 
equipment''; ``UN 3091, Lithium metal batteries contained in 
equipment''; and ``UN 3091, Lithium metal batteries packed with 
equipment.'' The special provision specifies that when lithium cells or 
batteries packed with equipment and lithium cells or batteries 
contained in equipment are packed in the same package, the shipping 
paper (if used) and the package must use the ``packed with'' proper 
shipping name and UN number. Further, all packaging requirements 
applicable to both proper shipping names must be met and the total mass 
of cells or batteries in the package must not exceed the quantity 
limits specified in columns (9A) and (9B), as applicable.
     Special Provision 182: PHMSA is adding new special 
provision 182 and assigning it to ``UN 3072, Life-saving appliances, 
not self-inflating containing dangerous goods as equipment'' to clarify 
that equipment containing only lithium batteries must be classified as 
either UN 3091 or UN 3481, as appropriate.
     Special Provision 238: Special provision 238 addresses the 
shipment of neutron radiation detectors. PHMSA is revising special 
provision 238 to align with the UN Model Regulations special provision 
373 by permitting the packaging to contain ``absorbent'' or 
``adsorbent'' material where the previous requirement permitted 
``absorbent'' material only.
     Special Provision 369: Special provision 369 prescribes 
classification criteria, consignment instructions and transport 
conditions for ``UN 3507, Uranium hexafluoride, radioactive material, 
excepted package, less than 0.1 kg per package, non-fissile or fissile-
excepted.'' PHMSA is revising special provision 369 in conjunction with 
revising the primary classification for UN 3507 from Class 8 to 
Division 6.1. Specifically, PHMSA is clarifying that this radioactive 
material in an excepted package possessing toxic and corrosive 
properties is classified in Division 6.1 with radioactive and corrosive 
subsidiary risks.
     Special Provision 379: PHMSA is adding new special 
provision 379 and assigning it to the HMT entries ``UN 1005, Ammonia, 
anhydrous'' and ``UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.'' 
This special provision is applicable to ammonia dispensers containing 
adsorbed ammonia, which are used to reduce polluting nitrogen oxide 
emissions from automobiles. The UN Sub-Committee found that the 
substance contained in the receptacles did not meet any criteria for 
classification in the Model Regulations, but it acknowledged that the 
substance did fit the recent definition of an adsorbed gas. Based on 
the stability of adsorption under normal transport conditions, an 
exception for these dispensers was adopted subject to appropriate 
packaging conditions. These materials are normally forbidden for 
transport by air on passenger-carrying and cargo-only aircraft; 
however, consistent with the ICAO Technical Instructions, PHMSA is 
authorizing them on cargo-only aircraft subject to the transport 
conditions prescribed in the special provision with additional approval 
of the Associate Administrator.
     Special Provision 387: PHMSA is adding new special 
provision 387 and assigning it to the four new ``n.o.s.'' polymerizing 
substance HMT entries and to the 52 existing HMT entries that are 
identified as requiring stabilization. This special provision sets 
forth the transport conditions when stabilization, or prevention of 
polymerization, is provided through the use of a chemical inhibitor. 
When a substance is stabilized via use of a chemical inhibitor, it is 
important to ensure that the level of stabilization is sufficient to 
prevent the onset of a dangerous reaction under conditions normally 
incident to transportation. This special provision requires a 
determination that the degree of chemical stabilization employed at the 
time the package, IBC, or tank is offered for transport must be 
suitable to ensure that the sustained bulk mean temperature of the 
substance in the package, IBC, or tank will not exceed 50 [deg]C (122 
[deg]F), under conditions normally incident to transportation. The 
special provision also specifies that temperature control is required 
at the point where chemical stabilization becomes ineffective at lower 
temperatures within the anticipated duration of transport. Consistent 
with the ICAO Technical Instructions, PHMSA is clarifying in special 
provision 387 that these substances are forbidden for transport by air 
when temperature control is required. U.S. Amines requests that PHMSA 
reconsider assigning special provision 387 to Dipropylamine (UN 2383), 
further asserting that this material does not pose a polymerization 
risk. They provided safety data sheets and other associated technical 
data to substantiate the claim. Based on a

[[Page 15814]]

review of the technical information provided and the physical 
properties of the substance in question, PHMSA agrees and is not 
assigning special provision 387 to this substance. In the absence of 
further rulemaking actions, this provision will sunset two years from 
the effective date of this rulemaking. See the ``Comment Discussion'' 
section of this document for further discussion.
     Special Provision 420: PHMSA is adding new special 
provision 420 and assigning it to the HMT entry ``UN 2000, Celluloid.'' 
This special provision states that table tennis balls are not subject 
to the requirements of the HMR. The 19th Revised Edition of the UN 
Model Regulations includes a special provision assigned to ``UN 2000, 
Celluloid'' that excepts table tennis balls made of celluloid from the 
requirements of the Model Regulations if the total net mass of each 
table tennis ball does not exceed 3 grams and the net mass of table 
tennis balls does not exceed 500 grams per package. In the NPRM, PHMSA 
discussed not including this special provision (see Section V, 
``Amendments Not Being Considered for Adoption in This NPRM'') as it is 
unnecessary based on our position--as stated in the letter of 
interpretation (Ref. No. 14-0141)--that table tennis balls are not 
subject to the requirements of the HMR and that the ``UN 2000, 
Celluloid'' entry only applies when the material is in a pre-
manufactured state (i.e., blocks rod, rolls, sheets, tubes, etc.). 
PHMSA received three comments from COSTHA, DGAC, and IVODGA requesting 
that PHMSA reconsider the position to omit the special provision. DGAC 
specifically commented that while they fully agree with PHMSA's view 
that celluloid table tennis balls are not subject to the HMR and that 
the HMT entry ``UN 2000, Celluloid'' only applies when celluloid is in 
a pre-manufactured state, this position is not universally held by 
other governmental transport authorities. The commenters asserted that 
while the letter of interpretation is helpful, as it is not formally 
included in the HMR, including a special provision stating that table 
tennis balls are not subject to the HMR would be beneficial. PHMSA 
agrees with the commenters that adding a special provision to clarify 
table tennis balls are not subject to the requirements of the HMR is 
warranted and may lead to a reduction in the number of shipments 
rejected or frustrated by carriers. The special provision 420 added in 
this final rule differs from special provision 383 of the Model 
Regulations in that it excepts articles manufactured of celluloid, such 
as table tennis balls, without a limit on the size of the ball or the 
quantity per package.
     Special Provision 421: PHMSA is adding new special 
provision 421 and assigning it to the four new polymerizing substance, 
n.o.s. entries. This special provision is added to indicate that after 
January 2, 2019 shipments may not be offered for transportation under 
these basic descriptions. This special provision is added as a result 
of sunset provisions for polymerizing substance amendments. See the 
``Comment Discussion'' section of this document for a discussion on the 
sunset provision.
     Special Provision 422: PHMSA is adding new special 
provision 422 and assigning it to the following HMT entries: ``UN 3480, 
Lithium ion batteries including lithium ion polymer batteries''; ``UN 
3481, Lithium ion batteries contained in equipment including lithium 
ion polymer batteries''; ``UN 3481, Lithium ion batteries packed with 
equipment including lithium ion polymer batteries''; ``UN 3090, Lithium 
metal batteries including lithium alloy batteries''; ``UN 3091, Lithium 
metal batteries contained in equipment including lithium alloy 
batteries''; and ``Lithium metal batteries packed with equipment 
including lithium alloy batteries.'' Special provision 422 states that 
the new lithium battery Class 9 label shown in Sec.  172.447 is to be 
used for packages containing lithium batteries that require labels. 
Consistent with the UN Model Regulations, PHMSA is providing a 
transition period that would authorize labels conforming to 
requirements in place on December 31, 2016 to continue to be used until 
December 31, 2018. Class 9 placards, when used, must conform to the 
existing requirements in Sec.  172.560.
     Special Provision A210: PHMSA is adding new special 
provision A210 and assigning it to the new italicized HMT entries 
``Catecholborane'' and its synonym ``1, 3, 2-Benzodioxaborole.'' 
Consistent with the ICAO Technical Instructions, this special provision 
clarifies that this substance is forbidden for transport by air and may 
only be transported on cargo-only aircraft with the approval of the 
Associate Administrator.
     Special Provision A212: PHMSA is adding new special 
provision A212 and assigning it to the to the HMT entry ``UN 2031, 
Nitric acid other than red fuming, with more than 20 percent and less 
than 65 percent nitric acid.'' Consistent with the ICAO Technical 
Instructions, this special provision allows sterilization devices 
containing nitric acid conforming to the conditions in the special 
provision to be offered for transportation by passenger-carrying 
aircraft irrespective of column (9A) of the Sec.  172.101 HMT listing 
the material as forbidden.
     Special Provision B134: PHMSA is adding new special 
provision B134 and assigning it to UN Numbers 1309, 1376, 1483, 1869, 
2793, and 2878. This special provision states that when in Large 
Packagings offered for transport by vessel, flexible or fiber inner 
packages containing these materials would need to be sift-proof and 
water-resistant, or fitted with a sift-proof and water-resistant liner. 
Consistent with the IMDG Code, these provisions will increase the 
ability of these packages to perform their containment function and 
reduce the likelihood of a fire on board cargo vessels when used to 
transport substances that either generate large amounts of heat or give 
off flammable or corrosive toxic gases on contact with water or 
moisture.
     Special Provision B135: PHMSA is adding new special 
provision B135 and assigning it to UN Numbers 1932, 2008, 2545, 2546, 
2881, and 3189. This special provision states that when in Large 
Packagings offered for transport by vessel, flexible or fiber inner 
packages containing these materials would need to be hermetically 
sealed. Consistent with the IMDG Code, these provisions will increase 
the ability of these packages to perform their containment function and 
reduce the likelihood of a fire on board cargo vessels when used to 
transport substances that either generate large amounts of heat or give 
off flammable or corrosive toxic gases on contact with water or 
moisture.
     IP Code 19: PHMSA is adding a new IP Code 19 and assigning 
it to UN 3531, UN 3532, UN 3553, and UN 3534. Consistent with 
international regulations, this special provision requires that IBCs 
are designed and constructed to permit the release of gas or vapor, 
thereby preventing a build-up of pressure that could rupture the IBCs 
in the event of loss of stabilization.
     IP Code 21: PHMSA is adding a new IP Code 21 and assigning 
it to UN Numbers 1309, 1376, 1390, 1394, 1396, 1400, 1401, 1402 (PG 
II), 1405, 1417, 1483 (PG III), 1869, 1932, 2545 (PG III), 2546 (PG 
III), 2624, 2793, 2813 (PG II and III), 2830, 2878, 2881 (PG III), 
3078, 3170, and 3208 (PG II and III). Consistent with the IMDG Code, 
this special provision requires that flexible, fiberboard, or wooden 
IBCs must be sift-proof and water-resistant or be fitted with a sift-
proof and water-resistant liner.

[[Page 15815]]

     Special Provision N90: Special provision N90 is assigned 
to the HMT entry ``UN 3474, 1-Hydroxybenzotriazole, monohydrate'' and 
prohibits the use of metal packages. Consistent with the UN Model 
Regulations, PHMSA is revising special provision N90 by clarifying that 
the prohibition of metal packages does not include packagings 
constructed of other material with a small amount of metal (e.g., metal 
closures or other metal fittings). However, packagings constructed with 
a small amount of metal must be designed such that the hazardous 
material does not contact the metal.
     Special Provision N92: PHMSA is adding special provision 
N92 to the four new polymerizing substance, n.o.s. entries. This 
special provision requires packages that are utilized for the 
transportation of polymerizing substances to be designed and 
constructed to permit the release of gas or vapor to prevent a build-up 
of pressure that could rupture the packagings in the event of loss of 
stabilization.
     Special Provision W31: PHMSA is adding new special 
provision W31 and assigning it to the 155 HMT entries identified in 
Table 5 in the ``Amendments to column (7) special provisions'' section 
of this rulemaking. With the addition of this special provision, PHMSA 
is requiring packages assigned as such to be hermetically sealed when 
offered for transportation by vessel.
    The addition of W31 to these commodities harmonizes the HMR with 
changes made in Amendment 38-16 of the IMDG Code, as well as the 
transportation requirements of the HMR with the IMDG Code for other 
commodities where they were not previously harmonized. The IMDG Code 
has had provisions in place equivalent to proposed W31 (PP31) for 
certain commodities since at least 1998.\5\ Other hazardous materials 
regulations (ICAO Technical Instructions, HMR, and UN Model 
Regulations) do not currently contain provisions similar to W31. 
Amendment 38-16 of the IMDG Code is adding this hermetically sealed 
packaging requirement to 15 entries in its Dangerous Goods List (some 
with multiple packing groups).
---------------------------------------------------------------------------

    \5\ These provisions have potentially been in place before 1998. 
PHMSA reviewed hard copy IMDG Codes dating back to 1998 but was 
unable to locate the origin of these provisions.
---------------------------------------------------------------------------

    The amendments would reduce the risk of fire on board cargo vessels 
carrying hazardous materials that can react dangerously with the ship's 
available water and carbon dioxide fire extinguishing systems. Some of 
the hazardous materials for which PHMSA is amending the vessel 
transportation packaging requirements react with water or moisture 
generating excessive heat or releasing toxic or flammable gases. Common 
causes for water entering into the container are: Water entering 
through ventilation or structural flaws in the container; water 
entering into the containers placed on deck or in the hold in heavy 
seas; and water entering into the cargo space upon a ship collision or 
leak. If water has already entered the container, the packaging is the 
only protection from a potential fire.
    In this final rule, PHMSA is strengthening the ability of these 
packages transporting water-reactive substances. PHMSA received one 
comment from DGAC noting that the proposed text for W31 would apply to 
both ``non-bulk'' and ``bulk'' packagings as defined in the HMR. DGAC 
commented that the analogous special provision in IMDG code (PP31) only 
applies to what the HMR defines as ``non-bulk'' packagings. As a 
result, DGAC requested that special provision W31 be limited in its 
applicability to ``non-bulk'' packagings. PHMSA agrees with DGAC, and 
in this final rule, special provision W31 is added with applicability 
limited to non-bulk packagings.
     Special Provision W32: PHMSA is adding new special 
provision W32 and assigning it to 38 HMT entries identified in Table 5 
in the ``Amendments to column (7) special provisions'' section of this 
rulemaking. With the addition of this special provision, PHMSA is 
requiring packages assigned this special provision to be hermetically 
sealed, except for solid fused material, when offered for 
transportation by vessel. The 38 entries to which this addition is made 
are already required to be packaged in this manner in accordance with 
the IMDG Code through a modified PP31 (when compared to the PP31 
mentioned in the W31 discussion above) assigned to various packing 
instructions. See the comments in the W31 discussion above for more 
discussion on the reasons for this amendment.
     Special Provision W40: PHMSA is adding new special 
provision W40 and assigning it to 38 HMT entries identified in Table 5 
in the ``Amendments to column (7) special provisions'' section of this 
rulemaking. With the addition of this special provision, PHMSA is 
prohibiting the use of non-bulk bags when offered for transportation by 
vessel. See the comments in the W31 discussion above for more 
discussion on the reasons for this amendment.
     Special Provision W100: PHMSA is adding new special 
provision W100 and assigning it to 27 HMT entries identified in Table 5 
in the ``Amendments to column (7) special provisions'' section of this 
rulemaking. With the addition of this special provision, PHMSA is 
requiring non-bulk flexible, fiberboard, or wooden packagings that are 
assigned this special provision to be sift-proof and water-resistant, 
or to be fitted with a sift-proof and water-resistant liner. These 
amendments are intended to ensure that water-reactive materials 
transported by vessel are in packages that provide an appropriate level 
of protection from the ingress of water. See the comments in the W31 
discussion above for more discussion on the reasons for this amendment.
Section 172.202
    Section 172.202 details the requirements for the description of 
hazardous materials on shipping papers. PHMSA received a comment from 
COSTHA requesting an amendment to the transportation description 
requirements for consumer commodities offered for transportation by 
aircraft. COSTHA stated the notification of the pilot-in-command is 
created using information provided on the shipping papers and requested 
PHMSA allow a shipper offering consumer commodities to show on the 
shipping paper either the actual gross mass of each package or the 
average gross mass of all packages in the consignment. PHMSA agrees 
with COSTHA that without the consequential amendment they proposed in 
their comment, it would be difficult for airlines to implement our 
change to Sec.  175.33 as proposed in the NPRM. Therefore, we are 
adding a new paragraph (a)(6)(viii) to provide an allowance for 
shippers of consumer commodities to show on the shipping paper either 
the actual gross mass of each package or the average gross mass of all 
packages in the consignment.
Section 172.407
    Section 172.407 prescribes specifications for labels. On January 8, 
2015, PHMSA published a final rule [Docket No. PHMSA-2013-0260 (HM-
215M); 80 FR 1075] that required labels to have a solid line forming 
the inner border 5 mm from the outside edge of the label and a minimum 
line width of 2 mm. Transitional exceptions were provided allowing 
labels authorized prior to this rulemaking to be used until December 
31, 2016.
    The rulemaking authorized a reduction in label dimensions and

[[Page 15816]]

features if the size of the packaging so requires. This allowance for 
reduction in label dimensions, consistent with the requirements for 
standard size labels, was contingent on the solid line forming the 
inner border remaining 5 mm from the outside edge of the label and the 
minimum width of the line remaining 2 mm. PHMSA has become aware that 
maintaining these inner border size requirements, while reducing the 
size of other label elements, may potentially result in the symbols on 
the reduced size labels no longer being identifiable. Consequently, we 
are revising paragraph (c)(i) to remove the existing inner border size 
requirements for reduced dimension labels and authorizing the entire 
label to be reduced proportionally.
    In the same January 8, 2015 final rule, PHMSA authorized the 
continued use of a label in conformance with the requirements of this 
paragraph in effect on December 31, 2014, until December 31, 2016. 
PHMSA has been made aware that the transition period provided may not 
be sufficient to allow the regulated community to implement necessary 
changes to business practices or to deplete inventories of previously 
authorized labels. PHMSA is extending the transition date provided in 
paragraph (c)(1)(iii) until December 31, 2018 for domestic 
transportation in order to provide additional time for implementation 
and depletion of existing stocks of labels. PHMSA received a comment of 
support for this amendment from Arkema Inc. and is adopting this 
transition date as proposed.
Section 172.447
    PHMSA is creating a new section containing a new Class 9 hazard 
warning label for lithium batteries. The label consists of the existing 
Class 9 label with the addition of a figure depicting a group of 
batteries with one broken and emitting a flame in the lower half. This 
label will appear on packages containing lithium batteries required to 
display hazard warning labels and is intended to better communicate the 
specific hazards posed by lithium batteries. This action is consistent 
with the most recent editions of the UN Model Regulations, the ICAO 
Technical Instructions, and the IMDG Code. Packages of lithium 
batteries displaying the existing Class 9 label may continue to be used 
until December 31, 2018. We are adopting this transition period to 
allow shippers time to exhaust existing stocks of labels and pre-
printed packagings. However, we are not adopting any modifications to 
the existing Class 9 placard or the creation of a Class 9 placard 
specifically for cargo transport units transporting lithium batteries. 
PHMSA received a comment from UPS providing support for this amendment.
Section 172.505
    Section 172.505 details the transport situations that require 
subsidiary placarding. Uranium hexafluoride is a volatile solid that 
may present both chemical and radiological hazards. It is one of the 
most highly soluble industrial uranium compounds and, when airborne, 
hydrolyzes rapidly on contact with water to form hydrofluoric acid (HF) 
and uranyl fluoride (UO2F2).\6\
---------------------------------------------------------------------------

    \6\ https://www.epa.gov/sites/production/files/2014-11/documents/tsd58.pdf.
---------------------------------------------------------------------------

    As previously discussed in the review of changes to Sec.  172.102, 
the UN Sub-Committee determined it necessary that a 6.1 subsidiary 
hazard be added to the Dangerous Goods List of uranium hexafluoride 
entries. Currently, in addition to the radioactive placard that may be 
required by Sec.  172.504(e), each transport vehicle, portable tank, or 
freight container that contains 454 kg (1,001 pounds) or more gross 
weight of non-fissile, fissile-excepted, or fissile uranium 
hexafluoride must be placarded with a corrosive placard on each side 
and each end. PHMSA is adding a requirement for these shipments 
currently requiring corrosive subsidiary placards to also placard with 
6.1 poison or toxic placards.

Part 173

Section 173.4a
    Section 173.4a prescribes transportation requirements for excepted 
packages. In this final rule, consistent with changes to the UN Model 
Regulations, PHMSA is amending paragraph (e)(3) to allow required 
absorbent materials to be placed in either the intermediate or outer 
packaging.
Section 173.9
    Section 173.9 prescribes requirements for the fumigant marking. In 
this final rule, PHMSA is amending Sec.  173.9 to require that the 
fumigant marking and its required information are capable of 
withstanding a 30-day exposure to open weather conditions. This 
requirement is consistent with the survivability requirements for 
placards found in Sec.  172.519. Therefore, we are making amendments to 
this section consistent with the survivability requirements for 
placards as proposed in the NPRM.
Section 173.21
    Section 173.21 describes situations in which the offering for 
transport or transportation of materials or packages is forbidden. 
Examples include materials designated as ``Forbidden'' in column (3) of 
the HMT; electrical devices that are likely to generate sparks and/or a 
dangerous amount of heat; and materials that are likely to decompose or 
polymerize and generate dangerous quantities of heat or gas during 
decomposition or polymerization. In Sec.  173.21, PHMSA is lowering the 
temperature threshold at which a polymerizing substance is forbidden 
for transport, unless the material is stabilized or inhibited, from 54 
[deg]C (130 [deg]F) to 50 [deg]C (122 [deg]F) and amending the table in 
paragraph (f)(1) to accommodate the specific temperature controls 
applicable to polymerizing substances. This 50 [deg]C (122 [deg]F) 
temperature is consistent with existing requirements for Division 4.1 
(self-reactive) and Division 5.2 (Organic peroxide) hazardous 
materials, as well as the 19th Revised Edition of UN Model Regulations 
for the transport of polymerizing substances in packages and IBCs, 
which requires temperature control in transport if the SAPT is 45 
[deg]C (113 [deg]F) only for polymerizing substances offered for 
transport in portable tanks.
    PHMSA received comments from DGAC and Dow proposing an editorial 
amendment to paragraph (f) to distinguish between a material that is 
likely to decompose with a self-accelerated decomposition temperature 
and a material that will polymerize. PHMSA agrees with the commenters 
and is revising paragraph (f) to clarify that materials with a SADT 
decompose and those with a SAPT polymerize. Additionally, PHMSA 
received a comment from Arkema Inc. asking if there are equivalent or 
alternative test methods that may be utilized other than the four test 
methods described in Part II of the UN Manual of Tests and Criteria for 
determining classification as a polymerizing substance. The only tests 
authorized to determine SAPT in Sec.  173.21 are the Test Series H 
tests described in Part II of the UN Manual of Tests and Criteria.
    We are not adopting a different temperature threshold before 
temperature control is required for portable tanks transporting 
polymerizing substances. At this time, we believe there is not 
sufficient data to support a different threshold for polymerizing 
substances in portable tanks.

[[Page 15817]]

    PHMSA received comments from BAMM & MPA, Deltech Corporation, and 
DGAC concerning our proposal to maintain a minimum SAPT temperature of 
50 [deg]C for portable tanks versus the internationally adopted 45 
[deg]C. The commenters cited PHMSA's failure to harmonize in the past 
for transport provisions applicable to self-reactive materials and 
organic peroxides, as well as potential non-compliance concerns for 
imported materials that were evaluated and offered for transport at 
different temperatures than the proposal would require in the HMR. 
PHMSA continues to maintain that 50 [deg]C is the maximum temperature 
reasonably expected to be experienced by any self-reactive, organic 
peroxide, and/or polymerizing substance. This 50 [deg]C (122 [deg]F) 
temperature is consistent with existing requirements for Division 4.1 
(self-reactive) and Division 5.2 (organic peroxide) hazardous 
materials. In the absence of further rulemaking actions, these 
provisions will sunset two years from the effective date of this 
rulemaking. See the ``Comment Discussion'' section of this document for 
a discussion on the sunset provision. See the ``Comment Discussion'' 
section of this document for full discussion.
Section 173.40
    Section 173.40 provides general packaging requirements for toxic 
materials packaged in cylinders. In this final rule, PHMSA is revising 
paragraph (a)(1) to clarify that TC, CTC, CRC, and BTC cylinders 
authorized in Sec.  171.12, except for acetylene cylinders, may be used 
for toxic materials. PHMSA received a comment from COSTHA stating that 
the current Sec.  173.40(a)(1) prohibits acetylene cylinders and non-
refillable cylinders from carrying toxic by inhalation gases, and that 
``non-refillable cylinders'' seem to have been inadvertently deleted 
from the proposed regulatory text in the NPRM. PHMSA agrees and is 
adding non-refillable cylinders to this prohibition in paragraph 
(a)(1).
Section 173.50
    Section 173.50 provides definitions for the various divisions of 
Class 1 (Explosive) materials referenced in part 173, subpart C. 
Paragraph (b) of this section notes that Class 1 (Explosive) materials 
are divided into six divisions and that the current definition of 
Division 1.6 states that ``this division comprises articles which 
contain only extremely insensitive substances.'' PHMSA is amending the 
definition of Division 1.6 to note that the division is made up of 
articles that predominately contain extremely insensitive substances. 
Consistent with the recent changes to the UN Model Regulations, the new 
definition means that an article does not need to contain solely 
extremely insensitive substances to be classified as a Division 1.6 
material.
Section 173.52
    Section 173.52 contains descriptions of classification codes for 
explosives assigned by the Associate Administrator. These compatibility 
codes consist of the division number followed by the compatibility 
group letter. Consistent with changes proposed to Sec.  173.50 and 
those made in the UN Model Regulations, PHMSA is amending the 
descriptive text for the 1.6N classification code entry in the existing 
table in this section to indicate that these explosives are articles 
predominantly containing extremely insensitive substances.
Section 173.62
    Section 173.62 provides specific packaging requirements for 
explosives. Consistent with the UN Model Regulations, PHMSA is revising 
Sec.  173.62 relating to specific packaging requirements for 
explosives.
    In paragraph (b), in the Explosives Table, the entry for ``UN 0510, 
Rocket motors'' is added and assigned Packing Instruction 130 
consistent with other rocket motor entries.
    In paragraph (c), in the Table of Packing Methods, Packing 
Instruction 112(c) is revised by adding a particular packaging 
requirement applicable to UN 0504 requiring that metal packagings must 
not be used. It is also clarified that the prohibition of metal 
packagings does not include packagings constructed of other material 
with a small amount of metal (e.g., metal closures or other metal 
fittings). Packing Instruction 114(b) is revised to clarify in the 
particular packaging requirement applicable to UN 0508 and UN 0509 that 
the prohibition of metal packagings does not include packagings 
constructed of other material with a small amount of metal (i.e., metal 
closures or other metal fittings). Packing Instruction 130 is revised 
by adding UN 0510 to the list of large and robust explosives articles 
that may be transported unpackaged. PHMSA received a comment from Brent 
Knoblett asking if a rocket motor could be classified as a 1.4C article 
and qualify as large and robust. Given weight to power ratios, it is 
unlikely that a rocket motor would have the minimal energetics that 
would lead to a Division 1.4C classification. However, in the interest 
of harmonization and the inability to rule out the possibility of a 
large and robust rocket motor meeting the criteria for classification 
as a 1.4C article, PHMSA is adopting this unpackaged article 
authorization as proposed.
    PHMSA is adding UN 0502 to Packing Instruction P130. This addition 
corrects an existing error in the HMR. Packing Instruction 130 is 
referenced for UN 0502 but contains no mention of UN 0502 in the actual 
instruction. In the NPRM, we proposed amending Packing Instruction 137 
by amending the particular packaging instruction applicable to UN 
Numbers 0059, 0439, 0440, and 0441 by replacing the marking requirement 
``THIS SIDE UP'' with a reference to the package orientation marking 
prescribed in Sec.  172.312(b). PHMSA received comments from COSTHA, 
DOD, and IME noting that Sec.  172.312(b) only provides a limitation on 
the use of orientation arrows and does not provide details for the 
manner in which they are to be displayed. PHMSA agrees that the 
paragraph referenced in the NPRM does not provide shippers of shape 
charges with an indication of the appropriate marking. Therefore, in 
this final rule, we are changing the reference to orientation markings 
meeting the requirements of Sec.  172.312(a)(2).
Section 173.121
    Section 173.121 provides criteria for the assignment of packing 
groups to Class 3 materials. Paragraph (b)(1)(iv) provides criteria for 
viscous flammable liquids of Class 3--such as paints, enamels, lacquers 
and varnishes--to be placed in PG III on the basis of their viscosity, 
coupled with other criteria. In this final rule and consistent with the 
changes to the UN Model regulations, PHMSA is amending paragraph 
(b)(1)(iv) to include additional viscosity criteria that can be used as 
an alternative where a flow cup test is unsuitable. PHMSA received a 
comment from the ACA providing support for this amendment.
Section 173.124
    Section 173.124 outlines defining criteria for Divisions 4.1 
(Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous 
when wet material). Division 4.1 (Flammable solid) includes 
desensitized explosives, self-reactive materials, and readily 
combustible solids. The UN Model Regulations adopted amendments to 
include polymerizing materials to the list of materials that meet the 
definition of Division 4.1. Transport conditions for polymerizing 
materials are not new under the HMR.
    PHMSA received questions from Arkema Inc., BAMM & MPA, and Dow 
about exclusions from classification as

[[Page 15818]]

polymerizing substances for combustible liquids and Class 9 substances. 
These commenters further asked about testing requirements for materials 
currently identified in the HMT that may also polymerize and requested 
clarification that--as proposed in the NPRM--it would not be necessary 
to offer materials meeting the definition of a combustible liquid and a 
polymerizing substance as a polymerizing substance. Arkema Inc. and 
BAMM & MPA similarly asked if substances meeting the definitions of 
Class 9 and polymerizing substances need to be offered as a 
polymerizing substance. The definition of polymerizing substance 
adopted by the UN Model Regulations excludes substances that meet the 
criteria for inclusion in Classes 1-8. In the NPRM, we proposed to 
exclude all materials that meet the definition of any other hazard 
class. To further harmonize the HMR definition of polymerizing 
substances with that found in the Model Regulations, PHMSA is amending 
Sec.  173.124(a)(4)(iii) to exclude substances that meet the criteria 
for inclusion in Classes 1-8, including combustible liquids. It is our 
belief that polymerizing substances that also meet the definition of 
Class 9 would be limited to environmentally hazardous substances. Much 
like the UN, we believe that the polymerizing properties of these 
materials should take precedence in the identification of these 
materials and that the applicable additional description elements 
(i.e., marine pollutant or ``RQ'' for hazardous substance) should be 
appropriately identified by shippers. Substances that meet the defining 
criteria for combustible liquids and polymerizing substances are only 
required to be offered for transportation as a combustible liquid.
    Section 173.21 presently contains approval provisions for the 
transport of polymerizing materials. Unlike the present HMR 
requirements, the classification requirements adopted in the UN Model 
Regulations do not require testing to determine the rate of vapor 
production when heated under confinement. This rate should be the 
deciding factor when determining whether a polymerizing substance 
should be authorized for transportation in an IBC or portable tank. 
PHMSA is adding polymerizing materials to the list of materials that 
meet the definition of Division 4.1 with the additional requirement 
that that polymerizing substances are only authorized for transport if 
they pass the UN Test Series E at the ``None'' or ``Low'' level when 
tested for heating under confinement, or other equivalent test methods.
    Specifically, we are adding a new paragraph (a)(4) that defines 
polymerizing materials generally and specifies defining criteria. 
Polymerizing materials are materials that are liable to undergo an 
exothermic reaction resulting in the formation of polymers under 
conditions normally encountered in transport. Additionally, 
polymerizing materials in Division 4.1 have a self-accelerating 
polymerization temperature of 75 [deg]C (167[emsp14][deg]F) or less; 
have an appropriate packaging determined by successfully passing the UN 
Test Series E at the ``None'' or ``Low'' level or by an equivalent test 
method; exhibit a heat of reaction of more than 300 J/g; and do not 
meet the definition of any other hazard class. PHMSA received questions 
from Arkema Inc. and Dow requesting clarification that for materials 
specifically listed by name in the HMT no testing is required to 
determine SAPT or appropriate transport provisions. Additionally, 
Arkema Inc. requested PHMSA more closely align our definition with that 
in the UN Model Regulations by including the phrase ``which, without 
stabilization'' in paragraph (a). Arkema Inc. and Dow are correct in 
their understanding that for materials specifically identified in the 
HMT by name (including n.o.s. entries) no additional testing is 
required to determine if the material is polymerizing. PHMSA agrees 
that the text as noted by Arkema Inc. is helpful in determining the 
applicability of the defining criteria for polymerizing substances and 
is making the recommended change to the definition of polymerizing 
substances.
    PHMSA received comments from Arkema Inc., BAMM & MPA, Deltech, and 
DGAC raising concerns over PHMSA's proposal to require polymerizing 
substances intended to be transported in portable tanks or IBCs to 
undergo the Test Series E heating under confinement testing from the UN 
Manual of Tests and Criteria. The commenters stated that when 
polymerizing substances react in the test apparatus they often clog its 
orifice. They further stated this testing leads to unreliable, overly 
conservative results that suggest the material under test poses a 
greater hazard from heating under confinement than it actually does. 
Additionally, the commenters requested PHMSA align with the 
international approach for testing these substances, which only 
requires testing the substances under Test Series H to determine the 
substances SAPT.
    While testing in accordance with UN Series E does present 
difficulties, this testing has been performed in the past in support of 
approval applications for various polymerizing substances. 
Additionally, while a clogged orifice within the Series E tests could 
be overly conservative, it is important to note that similar situations 
may occur during transport. For instance, a polymerizing substance that 
clogs the orifice during testing could potentially clog the pressure 
relief device on a portable tank. In such an incident, the testing 
would provide similar results to what could be expected within a 
transportation situation. Test Series E and H do not measure and/or 
predict the same phenomena. PHMSA notes Test Series E (or an equivalent 
performance measure) provides information on how the material behaves 
when heated under confinement. Test Series H provides information on 
the SAPT, and thus the potential need for temperature controls. These 
two tests are synergistic and not mutually exclusive. For these 
reasons, PHMSA is maintaining the testing requirements for polymerizing 
substances as proposed in the NPRM.
    In the NPRM, PHMSA proposed to allow ``equivalent test methods'' to 
the Test Series E and specifically solicited comments on this topic. 
The only comment received concerning equivalent test methods was from 
BAMM & MPA, who noted their belief that Test Series H plus modeling 
could potentially provide equivalent results to Test Series E. In this 
final rule, PHMSA is authorizing additional test methods for 
determining heating under confinement with the approval of the 
Associate Administrator. In the absence of further rulemaking actions, 
this definition will sunset two years from the effective date of this 
rulemaking. See the ``Comment Discussion'' section of this document for 
further discussion.
Section 173.165
    Section 173.165 prescribes the transport and packaging requirements 
for polyester resin kits. PHMSA is revising Sec.  173.165 by adding the 
requirements for polyester resin kits with a flammable solid base 
consistent with the new HMT entry ``UN 3527, Polyester resin kit, solid 
base material, 4.1.''
Section 173.185
    Section 173.185 prescribes transportation requirements for lithium 
batteries. Paragraph (c) describes alternative packaging and 
alternative hazard communication for shipments of up to 8 small lithium 
cells or 2 small batteries per package (up to 1 gram per

[[Page 15819]]

lithium metal cell, 2 grams per lithium metal battery, 20 Wh per 
lithium ion cell, and 100 Wh per lithium ion battery). Specifically, 
PHMSA is amending paragraph (c) to require strong outer packagings for 
small lithium cells or batteries to be rigid and to replace the current 
text markings that communicate the presence of lithium batteries and 
the flammability hazard that exists if damaged with a single lithium 
battery mark. The package must be of adequate size that the lithium 
battery mark can be displayed on one side of the package without 
folding. In addition, the lithium battery mark will be required to 
appear on packages containing lithium cells or batteries, or lithium 
cells or batteries packed with, or contained in, equipment when there 
are more than two packages in the consignment. This requirement would 
not apply to a package containing button cell batteries installed in 
equipment (including circuit boards) or when no more than four lithium 
cells or two lithium batteries are installed in the equipment. We are 
further clarifying what is meant by the term ``consignment'' by 
defining the term used in Sec.  173.185 as one or more packages of 
hazardous materials accepted by an operator from one shipper at one 
time and at one address, receipted for in one lot and moving to one 
consignee at one destination address.
    PRBA submitted a comment to the NPRM noting that PHMSA's proposed 
definition for ``consignment'' would be applied to all modes of 
transport and that, while ICAO's definition applies only to air 
transportation, the proposed text is consistent with that found in the 
ICAO Technical Instructions. The ICAO Technical Instructions, IMDG 
Code, and UN Model Regulations do not have the same definition for 
``consignment.'' Therefore, PRBA requested PHMSA amend the definition 
of consignment to indicate that it is only applicable to transportation 
by air. PRBA is correct that the definitions for ``consignment'' vary 
slightly between the various international standards. However, we note 
that the UN Model Regulations, IMDG Code, and ICAO Technical 
Instructions all include the term ``consignment'' when referencing 
exceptions from the lithium battery mark. The intent of these standards 
is to require the marking when multiple packages are offered from one 
shipper to one consignee. The definition as proposed in the NPRM best 
represents this requirement and allows for consistent application 
across all modes of transportation. PHMSA notes that under the HMR this 
definition is limited to its usage in Sec.  173.185. Therefore, we are 
amending the definition of ``consignment'' as proposed in the NPRM.
    Under current HMR requirements, a package of cells or batteries 
that meets the requirements of Sec.  173.185(c) may be packed in strong 
outer packagings that meet the general requirements of Sec. Sec.  
173.24 and 173.24a instead of the standard UN performance packaging. 
Lithium batteries packed in accordance with Sec.  173.185(c) must be 
packed in strong outer packagings that meet the general packaging 
requirements of Sec. Sec.  173.24 and 173.24a and be capable of 
withstanding a 1.2 meter (3.9 ft) drop test without damage to the cells 
or batteries contained in the package, shifting of the contents that 
would allow battery-to-battery or cell-to-cell contact, or release of 
contents. Alternative hazard communication requirements also apply. The 
Class 9 label is replaced with text indicating the presence of lithium 
batteries; an indication that the package must be handled with care and 
that a flammability hazard exists if damaged; procedures to take in the 
event of damage; and a telephone number for additional information. 
Instead of a shipping paper, the shipper can provide the carrier with 
an alternative document that includes the same information as provided 
on the package.
    In this rulemaking, PHMSA is replacing the existing text for 
marking requirements in Sec.  173.185(c)(3) with a standard lithium 
battery mark for use in all transport modes and to remove the 
requirement in Sec.  173.185(c)(3) for shippers to provide an 
alternative document. The lithium battery mark communicates key 
information (i.e., the package contents and that a flammability hazard 
exists if damaged). The mark utilizes recognizable symbols that permit 
transport workers and emergency responders to quickly ascertain the 
package contents and take appropriate action. A single mark that is 
understood and accepted for all transport modes will increase the 
effectiveness. A transition period until December 31, 2018, is provided 
to allow adequate time for shippers to transition the new lithium 
battery mark and exhaust existing stocks of preprinted packagings or 
markings. UPS asks if the transition period also includes the 
requirement to mark packages when there are more than two packages per 
consignment of lithium ion or metal batteries contained in equipment. 
As proposed this transition was only intended to apply to the 
requirements for the mark itself and not to the exception from marking. 
After reviewing the international standards this rulemaking is 
harmonizing the HMR with, PHMSA has determined that for modes of 
transportation other than air an additional year was provided for 
consignment limit changes. In this final rule, PHMSA is amending Sec.  
173.185(c)(3(ii) to state that for modes of transportation other than 
by aircraft the provisions in paragraph (c)(3), including the 
exceptions from marking, in effect on December 31, 2016 may continue to 
be used until December 31, 2018. For transportation by aircraft only 
the provisions concerning the lithium battery handling marking itself 
in paragraph (c)(3)(ii) may be used until December 31, 2018. The 
current documentation requirement is redundant given the existing 
marking requirement and provides minimal additional safety value to 
that provided by the mark.
    At the 49th session of the UN Sub-Committee, a late design revision 
to the lithium battery mark was adopted to authorize the mark on a 
background of ``suitable contrasting color'' in addition to white. This 
is consistent with design requirements for limited quantity marks and 
other marks in the Model Regulations. In this rulemaking, PHMSA is 
allowing the mark on a background of suitable contrasting color in 
addition to white.
    Additionally, PHMSA is amending Sec.  173.185(c)(2) and (c)(3)(i) 
to specify that outer packagings used to contain small lithium 
batteries must be rigid and of adequate size so the handling mark can 
be affixed on one side without the mark being folded. The HMR currently 
do not prescribe minimum package dimensions or specific requirements 
for package performance other than the requirements described in 
Sec. Sec.  173.24 and 173.24a. We are aware of several instances in 
which either the package dimensions were not adequate to accommodate 
the required marks and labels or the package was not sufficiently 
strong to withstand the rigors of transport. These amendments will 
enhance the communication and recognition of lithium batteries and 
better ensure that packaging is strong enough to withstand normal 
transport conditions. PHMSA received comments from COSTHA, DGAC, 
Labelmaster Services, and PRBA requesting that an exception from the 
requirement for rigid packaging for batteries contained in equipment be 
provided if the equipment that contains the battery offers an 
equivalent level of protection. COSTHA noted some key fobs and remote 
control devices as examples of equipment that generally provide an 
equivalent level of

[[Page 15820]]

protection to a rigid packaging, further noting that these devices are 
currently shipped in padded envelopes safely. PHMSA agrees that rigid 
packaging is not necessary if the equipment containing lithium 
batteries provides a level of protection that is equivalent to rigid 
packaging and is therefore amending paragraph (c)(2) to address these 
comments.
    PHMSA is amending Sec.  173.185(e) to permit the transport of 
prototype and low production runs of lithium batteries contained in 
equipment. These amendments are mostly consistent with amendments 
adopted into the 19th Revised Edition of the UN Model Regulations and 
Amendment 38-16 of the IMDG Code, which authorize the transportation of 
prototype and low production runs of lithium batteries contained in 
equipment in packaging tested to the PG II level. The ICAO Technical 
Instructions authorize the transportation of prototype and low 
production runs of lithium batteries contained in equipment in 
packaging tested to the PG I level. In the NPRM, PHMSA proposed to 
continue to require prototype and low production batteries to be placed 
in packaging tested to the PG I performance level. We believe that the 
higher integrity packaging provides an additional layer of protection 
for cells and batteries not otherwise subjected to the UN design tests.
    PRBA stated in their comment that PHMSA proposed to require PG I 
packaging and prohibit the use of fiberboard boxes when shipping 
prototype and low production lithium batteries by motor vehicle or 
vessel. PRBA noted this change is not consistent with the UN Model 
Regulations and IMDG Code because both standards authorize the use of 
PG II packaging and 4G fiberboard boxes. They further stated this lack 
of harmonization, particularly with the IMDG Code, will create 
compliance problems for our members shipping prototype or low 
production lithium batteries into the U.S. in accordance with the IMDG 
Code. Nothing in subpart C of part 171 would prohibit prototype or low 
production run batteries from being transported in accordance with the 
packaging authorizations in the IMDG Code (i.e., a 4G fiberboard box at 
the PG II performance level) as authorized by Sec.  171.22. PRBA 
requests PHMSA authorize a PG II 4G fiberboard box for shipments 
offered for transportation by motor vehicle and vessel and a PG I 4G 
fiberboard box for transportation by aircraft.
    PHMSA notes that the proposals in the NPRM were primarily to 
provide authorizations for prototype or low production run batteries 
contained in equipment and additional flexibility in packaging multiple 
batteries and equipment in tested packaging, using existing packaging 
authorizations for the batteries to determine appropriate packaging. 
PRBA further noted that if PHMSA prohibits the use of PG I 4G 
fiberboard boxes for shipping prototype or low production lithium 
batteries by air, the HMR will conflict with the requirements of the 
ICAO Technical Instructions and will not comply with Section 828 of the 
Federal Aviation Administration (FAA) Modernization and Reform Act of 
2012. Shipments of prototype batteries require an approval for air 
transport. If the shipper wishes to offer by air in a PG I 4G 
fiberboard box, they may request such authorization in their approval 
request. Each request will be examined on its own merits.
    Consistent with changes to the UN Model Regulations, the IMDG Code, 
and the ICAO Technical Instructions, PHMSA is adding a new paragraph 
(e)(7) to require shipments of low production runs and prototype 
lithium batteries to note conformance with the requirements of Sec.  
173.185(e) on shipping papers.
    Additionally, PHMSA is amending Sec.  173.185(f)(4) to harmonize 
with a requirement in the 19th Revised Edition of the UN Model 
Regulations that the ``Damaged/defective lithium ion battery'' and/or 
``Damaged/defective lithium metal battery'' marking as appropriate be 
in characters at least 12 mm (0.47 inches) high.
Section 173.217
    Section 173.217 establishes packaging requirements for dry ice 
(carbon dioxide, solid). Paragraph (c) prescribes additional packaging 
requirements for air transport. Consistent with the ICAO Technical 
Instructions, PHMSA is removing the term ``other type of pallet'' in 
paragraph (c)(3) that excepts dry ice being used as a refrigerant for 
other non-hazardous materials from the quantity limits per package 
shown in columns (9A) and (9B) of the Sec.  172.101 HMT.
Section 173.220
    Section 173.220 prescribes transportation requirements and 
exceptions for internal combustion engines, vehicles, machinery 
containing internal combustion engines, battery-powered equipment or 
machinery, and fuel cell-powered equipment or machinery. The UN Model 
Regulations adopted amendments to the existing UN 3166 engine and 
vehicle entries during the last biennium. These changes are 
continuations of efforts undertaken by the UN Sub-Committee to ensure 
appropriate hazard communication is provided for engines containing 
large quantities of fuels.
    The 17th Edition of the UN Model Regulations added special 
provision 363, which required varying levels of hazard communication 
depending on the type and quantity of fuel present, in attempts to 
ensure the hazards associated with engines containing large quantities 
of fuel were sufficiently communicated. PHMSA did not adopt the 
provisions found in special provision 363 at the time they were 
introduced.
    As previously discussed in the review of the new HMT entries, the 
existing UN 3166 identification number was maintained for the various 
vehicle entries in the Model Regulations, and three new UN 
identification numbers and proper shipping names were created for 
engines or machinery internal combustion and assigned a hazard 
classification based on the type of fuel used. The three new UN numbers 
and proper shipping names are as follows: A Class 3 entry ``UN 3528, 
Engine, internal combustion engine, flammable liquid powered, or Engine 
fuel cell, flammable liquid powered, or Machinery, internal combustion, 
flammable liquid powered, or Machinery, fuel cell, flammable liquid 
powered''; a Division 2.1 entry ``UN 3529, Engine, internal combustion 
engine, flammable gas powered, or Engine fuel cell, flammable gas 
powered, or Machinery, internal combustion, flammable gas powered, or 
Machinery, fuel cell, flammable gas powered''; and a Class 9 entry ``UN 
3530, Engine, internal combustion, or Machinery, internal combustion.''
    Consistent with the UN Model Regulations, PHMSA is adding to the 
HMR the new UN identification numbers and proper shipping names for 
engines and machinery. PHMSA is maintaining the existing transportation 
requirements and exceptions for engines and machinery found in Sec.  
173.220 for all modes of transportation other than vessel. To harmonize 
as closely as possible with Amendment 38-16 of the IMDG Code, PHMSA is 
making the following amendments to Sec.  173.220: (1) Amending 
paragraph (b)(1)(ii) to include a reference to engines powered by fuels 
that are marine pollutants but do not meet the criteria of any other 
Class or Division; (2) amending paragraph (b)(4)(ii) to include a 
reference to the proposed new Sec.  176.906 containing requirements for 
shipments of engines or machinery offered for transportation by vessel; 
(3) amending paragraph (d) to authorize the

[[Page 15821]]

transportation of securely installed prototype or low production run 
lithium batteries in engines and machinery by modes of transportation 
other than air; and (4) adding paragraph (h)(3) to include references 
to existing and amended exceptions for vehicles, engines, and machinery 
in Sec. Sec.  176.905 and 176.906.
    ICAO adopted a provision that requires battery-powered vehicles 
that could be handled in other than an upright position to be placed 
into a strong rigid outer package. This provision better ensures that 
small vehicles--particularly those powered by lithium batteries--are 
adequately protected from damage during transport. In this final rule, 
PHMSA is amending paragraphs (c) and (d) consistent with this 
requirement. However, while ICAO's requirement is specific to air 
transport, we are further applying this requirement to transportation 
by all transport modes for greater overall benefit.
Section 173.221
    Section 173.221 prescribes the packaging requirements for Polymeric 
beads (or granules), expandable, evolving flammable vapor. PHMSA is 
adding a procedure for declassification of polymeric beads, expandable. 
PHMSA received a comment from UPS supporting this amendment and is 
adopting it as proposed in the NPRM.
Section 173.225
    Section 173.225 prescribes packaging requirements and other 
provisions for organic peroxides. Consistent with the UN Model 
Regulations, PHMSA is revising the Organic Peroxide Table in paragraph 
(c) by amending the entries for: ``Dibenzoyl peroxide,'' ``tert-Butyl 
cumyl peroxide,'' ``Dicetyl peroxydicarbonate,'' and ``tert-Butyl 
peroxy-3,5,5-trimethylhexanoate.'' PHMSA received one comment from DGAC 
noting two editorial errors in the proposed Organic Peroxide Table in 
paragraph (c). In this final rule, the entry ``Di-2,4-dichlorobenzoyl 
peroxide [as a paste]'' is revised by moving the text in columns (5), 
(6), and (7) by one position to the right into columns (6), (7), and 
(8); and the entry ``1,1-Di-(tert-butylperoxy)cyclohexane + tert-Butyl 
peroxy-2-ethylhexanoate'' is added for consistency with the UN Model 
Regulations. We are revising the Organic Peroxide IBC Table in 
paragraph (e) to maintain alignment with the UN Model Regulations by 
adding new entries for ``tert-Butyl cumyl peroxide'' and ``1,1,3,3-
Tetramethylbutyl peroxy-2-ethylhexanoate, not more than 67%, in diluent 
type A'' and adding a type 31HA1 IBC authorization to the existing 
entry for ``Di-(2-ethylhexyl) peroxydicarbonate, not more than 62%, 
stable dispersion, in water.'' We are republishing the complete Organic 
Peroxide and Organic Peroxide IBC tables to ensure the revisions are 
correctly inserted and adding the missing ``UN'' code to several 
identification numbers assigned to existing entries in the Organic 
Peroxide Table.
Section 173.301
    Section 173.301 prescribes general requirements for shipment of 
compressed gases and other hazardous materials in cylinders, UN 
pressure receptacles, and spherical pressure vessels. PHMSA is amending 
the list of authorized packaging specifications in paragraph (a)(1) by 
adding a new footnote (1) and assigning it to the ``packagings'' 
heading. This footnote directs readers to Sec.  171.12(a)(4)(iii) to 
determine authorized Canadian cylinders that correspond with DOT 
specification cylinders. Additionally, PHMSA is amending paragraph 
(a)(2) to address filling of TC cylinders. As TC cylinders are metric 
marked and their filling requirements vary slightly between the TDG 
Regulations and the HMR, PHMSA is requiring that TC cylinders be filled 
in accordance with the TDG Regulations. The remaining Canadian 
cylinders authorized in this rulemaking must be filled in accordance 
with the requirements of part 173. In a comment to the NPRM, 
Worthington Cylinder Corporation stated that TC cylinders have the 
service pressure marked in bar while DOT cylinders are marked in psi. 
They further noted that TC marked cylinders for liquefied gases have 
the tare weight and water capacity metric marked (kg and liter) and 
asked what action PHMSA has taken to assure fillers know how to convert 
these metric units to U.S. standard units. PHMSA is aware of the 
differences in metric markings on TC cylinders compared to DOT 
specification cylinders. In this final rule, we are requiring that TC 
cylinders be filled in accordance with the TDG requirements. There is a 
table of conversion factors in Sec.  171.10 to assist fillers in 
appropriately converting from metric to U.S. standard. Additionally, 
PHMSA plans to produce guidance material shortly after publication of 
this rulemaking for both fillers and requalifiers of Canadian 
cylinders.
    Additionally, Worthington Cylinder Corporation stated the National 
Fire Protection Association (NFPA) document NFPA-58 presently does not 
permit TC cylinders to be filled with LP-Gas and asked if PHMSA 
considered this a conflict in regulations. PHMSA does not see an 
authorization to requalify, fill, or transport a Canadian cylinder with 
liquefied petroleum gas as a conflict with the requirements of NFPA-58. 
However, PHMSA may consult with NFPA on the appropriateness of updating 
their standard to include references to Canadian cylinders in the 
future.
Section 173.301b
    Section 173.301b contains additional general requirements for 
shipment of UN pressure receptacles. PHMSA is amending paragraph (a)(2) 
to include the most recent ISO standard for UN pressure receptacles and 
valve materials for non-metallic materials in ISO 11114-2:2013. 
Additionally, we are amending paragraph (c)(1) to include the most 
recent ISO standard on cylinder valves ISO 10297:2014. This paragraph 
also contains end dates for when the manufacture of cylinders and 
service equipment is no longer authorized in accordance with the 
outdated ISO standard. Finally, we are revising Sec.  173.301b(g) to 
amend a reference to marking requirements for composite cylinders used 
for underwater applications. The current reference to the ``UW'' 
marking in Sec.  173.301b(g) direct readers to Sec.  178.71(o)(17), 
while the correct reference for the ``UW'' marking is actually Sec.  
178.71(q)(18).
Section 173.303
    Section 173.303 prescribes requirements for the charging of 
cylinders with compressed gas in solution (acetylene). PHMSA is 
amending paragraph (f)(1) to require UN cylinders for acetylene use to 
comply with the current ISO standard ISO 3807:2013. This paragraph also 
contains end dates for when the manufacture of cylinders and service 
equipment is no longer authorized in accordance with the outdated ISO 
standard.
Section 173.304b
    Section 173.304b prescribes filling requirements for liquefied 
gases in UN pressure receptacles. The UN Model Regulations amended 
packing instruction P200 by adding requirements for liquefied gases 
charged with compressed gases. In this rulemaking, PHMSA is amending 
Sec.  173.304b specifically by adding a new paragraph (b)(5) to include 
filling limits when a UN cylinder filled with a liquefied gas is 
charged with a compressed gas. We are not including similar filling 
limits for DOT specification cylinders filled with a

[[Page 15822]]

liquefied gas and charged with a compressed gas, as we feel the 
situation is adequately addressed by the requirements found in Sec.  
173.301(a)(8).
Section 173.310
    Section 173.310 provides the transport conditions for certain 
specially designed radiation detectors containing a Division 2.2 (Non-
flammable) gas. The 19th Revised Edition of the UN Model Regulations 
added a new special provision 378 applicable to radiation detectors 
containing certain Division 2.2 gases. Special provision 378 outlines 
conditions for the use of a non-specification pressure receptacle and 
strong outer packaging requirements. As Sec.  173.310 currently 
prescribes similar transport conditions for radiation detectors 
containing Division 2.2 gases, we are not adding a new special 
provision.
    Consistent with special provision 378 of the UN Model Regulations, 
PHMSA is making the following revisions to the transport conditions in 
Sec.  173.310: [1] In the section header, clarify that Division 2.2 
gases must be in non-refillable cylinders; [2] in paragraph (b), 
increase the maximum design pressure from 4.83 MPa (700 psig) to 5.00 
MPa (725 psig) and increase the capacity from 355 fluid ounces (641 
cubic inches) to 405 fluid ounces (731 cubic inches); [3] in new 
paragraph (d), require specific emergency response information to 
accompany each shipment and be available from the associated emergency 
response telephone number; [4] in new paragraph (e), require that 
transport in accordance with this section be noted on the shipping 
paper; and [5] in new paragraph (f), except radiation detectors, 
including detectors in radiation detection systems, containing less 
than 50 ml (1.7 fluid ounces) capacity, from the requirements of the 
subchapter if they conform to paragraphs (a) through (d) of this 
section.
    PHMSA received one comment from UPS suggesting a revision to 
paragraphs (e) and (f) to clarify that radiation detectors, including 
detectors in radiation detection systems, containing less than 50 ml 
(1.7 fluid ounces) capacity are not subject to shipping paper 
requirements. Although consistent with special provision 378 of the UN 
Model Regulations, PHMSA agrees that the proposed text in paragraph (e) 
requiring that transport in accordance with this section must be noted 
on the shipping paper may be misinterpreted to also apply to radiation 
detectors excepted from the requirements of the subchapter in paragraph 
(e). Therefore, in efforts to avoid confusion, PHMSA is revising 
paragraphs (e) and (f) as suggested by UPS.
    In the NPRM, the proposed text for the conversion from 50 ml to 
fluid ounces was 1.69. Consistent with other 50 ml provisions in the 
HMR we are indicating the conversion at 1.7 ounces.
Section 173.335
    Section 173.335 contains requirements for cylinders filled with 
chemicals under pressure. The 19th Revised Edition of the UN 
Recommendations includes new instructions in P200 and P206 on how to 
calculate the filling ratio and test pressure when a liquid phase of a 
fluid is charged with a compressed gas. PHMSA is revising the 
requirements of Sec.  173.335 for chemical under pressure n.o.s. to 
include a reference to Sec.  173.304b, which specifies additional 
requirements for liquefied compressed gases in UN pressure receptacles. 
PHMSA is further amending Sec.  173.304b specifically by adding a new 
paragraph (b)(5) to include these filling and test pressure 
requirements consistent with the UN Recommendations. See ``Section 
173.304b'' for further discussion.

Part 175

Section 175.10
    Section 175.10 specifies the conditions for which passengers, crew 
members, or an operator may carry hazardous materials aboard an 
aircraft. Paragraph (a)(7) permits the carriage of medical or clinical 
mercury thermometers, when carried in a protective case in carry-on or 
checked baggage. Consistent with revisions to the ICAO Technical 
Instructions, in this final rule, PHMSA is revising paragraph (a)(7) by 
limiting thermometers containing mercury to checked baggage only. PHMSA 
received no comments on this proposed amendment and is adopting the 
changes as proposed in the NPRM.
Section 175.25
    Section 175.25 prescribes the notification that operators must 
provide to passengers regarding restrictions on the types of hazardous 
material they may or may not carry aboard an aircraft either on their 
person or in checked or carry-on baggage. Passenger notification of 
hazardous materials restrictions addresses the potential risks that 
passengers can introduce on board aircraft. PHMSA's predecessor, the 
Materials Transportation Bureau, introduced passenger notification 
requirements in 1980 [Docket No. HM-166B; 45 FR 13087]. Although this 
section had been previously amended to account for ticket purchase or 
check-in via the internet, new technological innovations have continued 
to outpace these provisions. Notwithstanding the several rounds of 
revisions, the rule remains unduly prescriptive.
    The 2017-2018 ICAO Technical Instructions have removed prescriptive 
requirements concerning the manners in which information concerning 
dangerous goods that passengers are forbidden to transport must be 
conveyed to passengers. Specifically, they have done so by removing 
references to the phrases ``prominently displayed'' and ``in sufficient 
numbers.'' Additional changes to the ICAO Technical Instructions 
include removal of prescriptive requirements that the information be in 
``text or pictorial form'' when checking in remotely, or ``pictorial 
form'' when not checking in remotely. ICAO's decision to move to a 
performance-based requirement will account for changes in technology as 
well as the unique characteristics of some air carrier operations. ICAO 
noted that these provisions lagged behind the latest technology and 
could sometimes hinder the effectiveness and efficiency of notifying 
passengers about hazardous materials. To account for the utilization of 
different technologies as well as air carrier specific differences in 
operating or business practices, ICAO adopted changes that require air 
carriers to describe their procedures for informing passengers about 
dangerous goods in their operations manual and/or other appropriate 
manuals.
    PHMSA agrees with this approach and is harmonizing with the 
amendments made to the ICAO Technical Instructions part 7; 5.1. 
Harmonization is appropriate not only to account for evolving 
technologies or air carrier specific conditions, but also because we 
believe that this amendment will result in a more effective 
notification to passengers.
    Under the revisions to Sec.  175.25, in accordance with 14 CFR 
parts 121 and 135, air carriers operating under 14 CFR part 121 or 135 
will need to describe their procedures in an operations manual and/or 
other appropriate manuals in accordance with the applicable provisions 
of 14 CFR. The manual(s) will be required to provide procedures and 
information necessary to allow personnel to implement and maintain 
their air carrier's specific passenger notification system. Aside from 
the manual provisions, all persons engaging in for hire air 
transportation of passengers will continue to be subject to Sec.  
175.25.

[[Page 15823]]

    PHMSA received a comment from COSTHA stating that existing 
requirements provide a clear standard to which all air operators are 
held. Removal of this requirement, while giving air operators 
flexibility in providing such notification, may lead to various 
interpretations of what is required for notification. Operational 
manuals are subject to review and approval by different FAA regions. It 
is the opinion of the commenter that varying interpretations could lead 
operators to have different requirements in their operational manuals, 
thereby putting other operators in different regions at a competitive 
disadvantage. COSTHA further noted an FAA-sponsored Aviation Rulemaking 
Committee (ARC) for Passenger Notification of Hazardous Materials 
Regulations that resulted in a report and draft Advisory Circular (AC) 
finalized in November 2013. The AC was not issued by the FAA. COSTHA 
maintained that the recommendations on passenger notification systems 
contained in the AC are valid and would provide a better option than 
simply removing the prescriptive text from the HMR. COSTHA requested 
PHMSA discuss the results of the ARC with FAA before modifying the 
current language in Sec.  175.25. PHMSA is aware of the recommendations 
resulting from the ARC meetings. The FAA intends to produce and 
distribute guidance material to assist operators and the FAA in 
determining an effective passenger notification system. The FAA will 
utilize the ARC report recommendations, ICAO Technical Instructions 
Supplement information, and any other available information in the 
drafting of the guidance material.
Section 175.33
    Section 175.33 establishes requirements for shipping papers and the 
notification of the pilot-in-command when hazardous materials are 
transported by aircraft. The pilot notification requirements of part 7; 
4.1.1.1 of the ICAO Technical Instructions include an exception for 
consumer commodities (ID8000) to allow for the average gross mass of 
the packages to be shown instead of the actual gross mass of each 
individual package. This exception is limited to consumer commodities 
offered to the operator by the shipper in a unit load device (ULD). 
Consistent with the ICAO Technical Instructions packing instruction 
applicable to consumer commodities (PI Y963), which permits the shipper 
to show on the shipping paper either the actual gross mass of each 
package or the average gross mass of all packages in the consignment, 
the notification to the pilot-in-command requirement for consumer 
commodities was revised to remove the exception applicability to ULDs 
only. This exception did not previously exist under the HMR. In this 
final rule, PHMSA is revising Sec.  175.33(a)(3) by adding the text 
``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.'' This revision aligns the consumer 
commodity notification of the pilot-in-command requirements in the HMR 
with the ICAO Technical Instructions. PHMSA received a comment from UPS 
providing general support for this amendment. See ``Section 172.202'' 
for related changes in this final rule.
Section 175.75
    Section 175.75 prescribes quantity limitation and cargo location 
requirements for hazardous materials carried aboard passenger-carrying 
and cargo-only aircraft. PHMSA received comments from Alaska Airlines, 
COSTHA, UPS, and an anonymous commenter noting impacts on aircraft 
loading requirements as a result of incorporating new UN identification 
numbers and proper shipping names for engines and machinery. In 
accordance with Sec.  175.75(c), an aircraft operator must not load 
more than 25 kg (55 lbs) of hazardous materials in an inaccessible 
manner on a passenger-carrying aircraft; however, there is an exception 
for Class 9 materials. In addition, paragraph (e)(1) excepts Class 9 
materials from the 25 kg limitation when loaded in an inaccessible 
manner aboard cargo-only aircraft. The commenters noted that as a 
result of separating engines and machinery from the Class 9 entry for 
vehicles (UN 3166) and creating new hazardous materials table entries 
in Class 2.1 (UN 3529) and Class 3 (UN 3528), these materials that have 
historically been excepted from the 25 kg limit when loaded in an 
inaccessible manner would now be subject to this restriction. The 
commenters also noted that paragraph (e)(1) excepts Class 3, PG III 
materials (unless also labeled as a corrosive) from the 25 kg limit; 
however, the new entry UN 3528 is not assigned to a packing group and 
therefore not eligible for the exception. COSTHA also commented, 
``Aircraft operators routinely ship engines for overhaul and repair. As 
Class 9 materials, these have been transported safely without incident 
for years.''
    Consistent with the UN Model Regulations, PHMSA is adding to the 
HMR the new UN identification numbers and proper shipping names for 
engines and machinery while maintaining the existing transportation 
requirements and exceptions for engines and machinery for all modes of 
transportation other than vessel. It was never our intent to subject 
these articles that have historically received relief from the 
accessibility requirements of Sec.  175.75 to these requirements. An 
article with identification numbers UN 3528 or UN 3529--and properly 
packaged accordance with Sec.  173.220--is excepted from the 
requirements of Sec.  175.75(c) and (e)(1). In this final rule, we are 
making clarifying amendments to paragraphs Sec.  175.75(c) and (e)(1) 
and adding a new provision to Note 1 in paragraph (f), in the QUANTITY 
AND LOADING TABLE.
Section 175.900
    Section 175.900 prescribes the handling requirements for air 
carriers that transport dry ice. Consistent with the ICAO Technical 
Instructions, PHMSA is removing the phrase ``other type of pallet'' 
with regard to packages containing dry ice prepared by a single 
shipper. See ``Section 173.217'' of this rulemaking for a detailed 
discussion of the revision.

Part 176

Section 176.83
    Section 176.83 prescribes segregation requirements applicable to 
all cargo spaces on all types of vessels and to all cargo transport 
units. Paragraph (a)(4)(ii) has several groups of hazardous materials 
of different classes, which comprise a group of substances that do not 
react dangerously with each other and that are excepted from the 
segregation requirements of Sec.  176.83. Consistent with changes made 
in Amendment 38-16 of the IMDG Code, PHMSA is adding a new group of 
hazardous materials that do not react dangerously with each other to 
this paragraph. The following materials are added in a new paragraph 
(a)(4)(ii)(C): ``UN 3391, Organometallic substance, solid, 
pyrophoric''; ``UN 3392, Organometallic substance, liquid, 
pyrophoric''; ``UN 3393, Organometallic substance, solid, pyrophoric, 
water-reactive''; ``UN 3394, Organometallic substance, liquid, 
pyrophoric, water-reactive''; ``UN 3395, Organometallic substance, 
solid, water-reactive''; ``UN 3396, Organometallic substance, solid, 
water-reactive, flammable''; ``UN 3397, Organometallic substance, 
solid, water-reactive, self-heating''; ``UN 3398,

[[Page 15824]]

Organometallic substance, liquid, water-reactive''; ``UN 3399, 
Organometallic substance, liquid, water-reactive, flammable''; and ``UN 
3400, Organometallic substance, solid, self-heating.''
Section 176.84
    Section 176.84 prescribes the meanings and requirements for 
numbered or alpha-numeric stowage provisions for vessel shipments 
listed in column (10B) of the Sec.  172.101 HMT. The provisions in 
Sec.  176.84 are broken down into general stowage provisions, which are 
defined in the ``table of provisions'' in paragraph (b), and the 
stowage provisions applicable to vessel shipments of Class 1 
explosives, which are defined in the table to paragraph (c)(2). PHMSA 
is creating a new stowage provision 149 and assigning it to the new UN 
3528 engines or machinery powered by internal combustion engine 
flammable liquid entry. This new stowage provision requires engines or 
machinery containing fuels with a flash point equal or greater than 23 
[deg]C (73.4[emsp14][deg]F) to be stowed in accordance with the stowage 
requirements of stowage Category A. Engines and machinery containing 
fuels with a flash point less than 23 [deg]C (73.4[emsp14][deg]F) are 
required to comply with the requirements of stowage Category E.
    Additionally, consistent with Amendment 38-16 of the IMDG Code, 
PHMSA is creating a new stowage provision 150 to replace existing 
stowage provision 129 for ``UN 3323, Radioactive material, low specific 
activity (LSA-III) non fissile or fissile excepted.'' This new stowage 
provision requires that any material that is classified as UN 3323, 
which is either uranium metal pyrophoric or thorium metal pyrophoric, 
be stowed in accordance with stowage Category D requirements.
Section 176.905
    Section 176.905 prescribes transportation requirements and 
exceptions for vessel transportation of motor vehicles and mechanical 
equipment. PHMSA is revising Sec.  176.905 to update the transport 
requirements and exceptions for vehicles transported by vessel. These 
changes are necessary to remove references to machinery (see ``Section 
176.906'') and to maintain consistency with changes made in Amendment 
38-16 of the IMDG Code.
    The changes being made to the transport requirements for vehicles 
transported by vessel are as follows: [1] In paragraph (a)(2) for 
flammable liquid powered vehicles, the requirement that flammable 
liquid must not exceed 250 L (66 gal) unless otherwise approved by the 
Associate Administrator; [2] in paragraph (a)(4), the authorization to 
transport vehicles containing prototype or low production run batteries 
securely installed in vehicles; [3] also in paragraph (a)(4), the 
requirement that damaged or defective lithium batteries must be removed 
and transported in accordance with Sec.  173.185(f); and [4] in 
paragraph (i)(1)(i), the inclusion of text to ensure the lithium 
batteries in vehicles stowed in a hold or compartment designated by the 
administration of the country in which the vessel is registered as 
specially designed and approved for vehicles have successfully passed 
the tests found in the UN Manual of Tests and Criteria (except for 
prototypes and low production runs).
Section 176.906
    Consistent with changes made in Amendment 38-16 of the IMDG Code, 
PHMSA is creating a new section Sec.  176.906 to prescribe 
transportation requirements for engines and machinery. Requirements 
found in paragraphs (a)-(h) are identical to existing requirements for 
engines and machinery contained in Sec.  176.905, and their 
reproduction in this section is made necessary by the splitting of the 
provisions for engines/machinery and vehicles. Paragraph (i) contains 
exceptions that are divided into two separate categories: [1] Engines 
and machinery meeting one of the conditions provided in (i)(1), which 
are not subject to the requirements of subchapter C of the HMR; and [2] 
engines and machinery not meeting the conditions provided in (i)(1), 
which are subject to the requirements found in (i)(2) that prescribe 
general conditions for transport and varying degrees of hazard 
communication required for engines and machinery based on the actual 
fuel contents and capacity of the engine or machinery. IVODGA noted in 
their comment that Sec.  172.203(i)(2) requires a flashpoint be 
provided on shipping papers for hazardous materials with a flashpoint 
at or below 140[emsp14][deg]F and requested that PHMSA add a reference 
to this requirement in paragraph (i)(2)(v) to ensure shippers are aware 
that they must provide this information. PHMSA believes the requirement 
is sufficiently clear. The creation of the new Class 3 entries will 
enhance hazard communication of engines offered for transportation by 
vessel as well as ensure this flashpoint information is conveyed to 
carriers.
    Tables 7 and 8 provide a summary of the hazard communication 
requirements for vessel transportation of engines and machinery that 
are not empty of fuel based on fuel content and capacity. The column 
titled ``Additional Hazard Communication Requirements'' indicates 
requirements that will differ from existing hazard communication 
requirements for engines or machinery.

      Table 7--Liquid Fuels Class 3 (UN 3528) and Class 9 (UN 3530)
------------------------------------------------------------------------
                                                      Additional hazard
          Contents                  Capacity            communication
                                                        requirements
------------------------------------------------------------------------
<=60 L......................  Unlimited...........  Transport Document.
>60 L.......................  Not more than 450 L.  Label, Transport
                                                     Document.
>60 L.......................  More than 450 L but   Labeled on two
                               not more than 3000    opposing sides,
                               L.                    Transport Document.
>60 L.......................  More than 3000 L....  Placarded on two
                                                     opposing sides,
                                                     Transport Document.
------------------------------------------------------------------------


                                  Table 8--Gaseous Fuels Division 2.1 (UN 3529)
----------------------------------------------------------------------------------------------------------------
                     Water Capacity                            Additional hazard communication requirements
----------------------------------------------------------------------------------------------------------------
Not more than 450 L....................................  Label, Transport Document.
More than 450 L but not more than 1000 L...............  Labeled on two opposing sides, Transport Document.
More than 1000 L.......................................  Placarded on two opposing sides, Transport Document.
----------------------------------------------------------------------------------------------------------------


[[Page 15825]]

Part 178

Section 178.71
    Section 178.71 prescribes specifications for UN pressure 
receptacles. Consistent with the UN Model Regulations, PHMSA is 
amending paragraphs (d)(2), (h), (k)(2), and (l)(1) to reflect the 
adoption of the latest ISO standards for the design, construction, and 
testing of gas cylinders and their associated service equipment. 
Paragraph (l)(1) will require that composite cylinders be designed for 
a design life of not less than 15 years, as well as that composite 
cylinders and tubes with a design life longer than 15 years must not be 
filled after 15 years from the date of manufacture, unless the design 
has successfully passed a service life test program. The service life 
test program must be part of the initial design type approval and must 
specify inspections and tests to demonstrate that cylinders 
manufactured accordingly remain safe to the end of their design life. 
The service life test program and the results must be approved by the 
competent authority of the country of approval that is responsible for 
the initial approval of the cylinder design. The service life of a 
composite cylinder or tube must not be extended beyond its initial 
approved design life. These paragraphs also contain end dates for when 
the manufacture of cylinders and service equipment is no longer 
authorized in accordance with the outdated ISO standard.
    PHMSA received a comment from Western International Gas Cylinders 
asking several questions about the requirements for service life test 
programs. Specifically, they asked: (1) Whether DOT would maintain a 
database of service life extensions that a requalifier will be able to 
search or if we plan to mandate the cylinder manufacturers maintain the 
information; and (2) if DOT will require the manufacturers to post this 
information on their Web sites. Information concerning service life 
extensions will be available from both PHMSA and the manufactures.
    Additionally, consistent with the UN Model Regulations, PHMSA is 
revising paragraph (o)(2) to adopt the current ISO standard relating to 
material compatibility and adding paragraph (g)(4) to adopt the current 
ISO standard relating to design, construction, and testing of stainless 
steel cylinders with an Rm value of less than 1,100 MPa.
    Finally, paragraphs (q) and (r) are revised to indicate the 
required markings for composite cylinders and tubes with a limited 
design life of 15 years or for cylinders and tubes with a design life 
greater than 15 years, or a non-limited design life.
    PHMSA received a comment from Christopher Adams asking if we 
intended to replace the authorization to use a valve conforming to the 
requirements in ISO 10297:1999 with the transition date for the use of 
valves conforming to ISO 10297:2006. PHMSA intentionally left the 
references to all three ISO 10297 standards to mirror the 
authorizations shown in the UN Model Regulations. Additionally, PHMSA 
received comments from Wesley Scott and Western International Gas 
Cylinders requesting that the current Sec.  178.71(h) prohibition on 
the use of aluminum alloy 6351-T6 or equivalent be extended to alloy 
6082 for cylinders authorized under ISO 7866:1999. The commenters 
stated that alloy 6082 is known to ISO Working Group 11 and that it 
develops sustained load cracks similar in manner to those developed 
when using aluminum alloy 6351-T6. PHMSA is not aware of anyone 
manufacturing with this particular alloy but will continue to monitor 
the ongoing work at ISO and consider changes as addressed by the 
international community.
Section 178.75
    Section 178.75 contains specifications for Multiple-element gas 
containers (MEGCs). Consistent with the UN Model Regulations, PHMSA is 
renumbering existing paragraph (d)(3)(iv) as (d)(3)(v) and adding a new 
paragraph (d)(3)(iv) to incorporate ISO 9809-4:2014 for stainless steel 
cylinders with an Rm value of less than 1,100 MPa.
Section 178.1015
    Section 178.1015 prescribes general standards for the use of 
flexible bulk containers (FBCs). Consistent with changes to the UN 
Model Regulations, PHMSA is revising paragraph (f) to require that FBCs 
be fitted with a vent that is designed to prevent the ingress of water 
in situations where a dangerous accumulation of gases may develop 
absent such a vent. It is our understanding that only one particular 
material authorized for transportation in FBCs--UN 3378, Sodium 
carbonate peroxyhydrate--is known to decompose causing a dangerous 
accumulation of gas.

Part 180

Section 180.205
    Section 180.205 outlines general requirements for requalification 
of specification cylinders. In the NPRM, PHMSA proposed amending 
paragraph (c) to require that Transport Canada cylinders be requalified 
and marked in accordance with the Transport Canada TDG Regulations. CTC 
Certified Training Co. commented stating that CRC, BTC, and CTC are the 
same as DOT specification cylinders and should be allowed to be 
requalified to either the Transport Canada TDG Regulations or under the 
provisions of the HMR. PHMSA agrees and is amending paragraph (c) to 
require CRC, BTC, or CTC cylinders be requalified and marked as 
specified in the Requalification Table in this subpart or requalified 
and marked by a facility registered by Transport Canada in accordance 
with the TDG Regulations. Canadian specification cylinders marked 
solely with TC must be requalified in accordance with the Transport 
Canada TDG Regulations. Cylinders that are dual marked with both TC and 
a corresponding DOT specification marking may be requalified to either 
the Transport Canada TDG Regulations or the provisions of the HMR.
    PHMSA received a comment from Christopher Adams noting a 
typographical error in paragraph (c)(4). Mr. Adams noted that the 
current HMR text has ``3AXX'' instead of ``3AAX'' and requested PHMSA 
make this correction. We agree with the commenter that this is a 
typographical error and are making the suggested change. CTC Training 
Co. commented stating the TDG Regulations reference CSA B339, which 
references CGA C-1 (not referenced in the HMR) for the testing of 
cylinders, and other different versions of CGA pamphlets for visual 
inspection of cylinders not referenced by the HMR. The commenter 
further stated that requiring a DOT RIN holder to requalify a cylinder 
in accordance with the TDG Regulations places an unnecessary financial 
burden on the retester to purchase all of these differing versions of 
CGA pamphlets, as well as the challenge to try to determine which 
version to use for which cylinder they are requalifying. PHMSA notes 
that while the TDG Regulations do incorporate some cylinder 
requalification standards that are not in the HMR, there is no 
requirement for a requalifier to requalify TC cylinders. In fact, in 
order to begin requalifying TC cylinders, requalifiers will have to 
register with PHMSA and indicate--among other things--that they have 
all the necessary standards. This business decision will therefore be 
made by individual companies.
Section 180.207
    Section 180.207 prescribes requirements for requalification of UN

[[Page 15826]]

pressure receptacles. Consistent with changes to the UN Model 
Regulations, PHMSA is revising paragraph (d)(3) to incorporate ISO 
10462:2013 concerning requalification of dissolved acetylene cylinders. 
This paragraph also includes an authorization to requalify acetylene 
cylinders in accordance with the current ISO standard until December 
31, 2018.
Section 180.211
    Section 180.211 prescribes requirements for the repair, rebuilding, 
and reheat treatment of DOT-4 series specification cylinders. In the 
NPRM preamble, PHMSA clearly indicated an intention to authorize DOT 
RIN holders to perform repair, rebuilding, and reheat treatment of 
Canadian cylinders (see ``Section 107.805'' and ``Section 171.12''). 
However, PHMSA did not specifically propose the authorization of 
reciprocal treatment to facilities registered in Canada in accordance 
with the Transport Canada TDG Regulations. In line with the reciprocal 
treatment provided for requalification of Canadian cylinders, PHMSA is 
amending paragraph (a) and adding a new paragraph (g) to authorize the 
repair, rebuilding, and reheat treatment of DOT-4 series specification 
cylinders by authorized facilities registered in Canada and in 
accordance with the Transport Canada TDG Regulations.
Section 180.212
    Section 180.212 prescribes requirements for the repair of seamless 
DOT-3 series specification cylinders and seamless UN pressure 
receptacles. PHMSA is amending paragraph (a)(1)(ii) to authorize 
repairs of DOT-3series cylinders by a facility registered by Transport 
Canada in accordance with the Transport Canada TDG Regulations.
Section 180.413
    Section 180.413 provides the requirements for the repair, 
modification, stretching, rebarrelling, or mounting of specification 
cargo tanks. Currently, Sec.  180.413(a)(1) requires that each repair 
of a specification cargo tank must be performed by a repair facility 
holding a valid National Board Certificate of Authorization for use of 
the National Board ``R'' stamp and must be made in accordance with the 
edition of the National Board Inspection Code in effect at the time the 
work is performed. ``Repair'' is defined in Sec.  180.403 as ``any 
welding on a cargo tank wall done to return a cargo tank or a cargo 
tank motor vehicle to its original design and construction 
specification, or to a condition prescribed for a later equivalent 
specification in effect at the time of the repair.'' As previously 
discussed in this final rule, stakeholders participating in the U.S.-
Canada RCC identified this requirement as being burdensome to United 
States carriers who also operate in Canada. In accordance with the 
Transport Canada TDG Regulations, a facility in Canada can perform a 
repair on a specification cargo tank if it holds either a valid 
National Board Certificate of Authorization for use of the National 
Board ``R'' stamp or a valid Certificate of Authorization from a 
provincial pressure vessel jurisdiction for repair. The latter 
authorization becomes problematic for United States carriers requiring 
the repair of a DOT specification cargo tank while in Canada. Section 
180.413 currently only authorizes the repair of a DOT specification 
cargo tank by a facility holding a valid National Board Certificate of 
Authorization for use of the National Board ``R'' stamp. If a DOT 
specification cargo tank is repaired in Canada at a facility holding a 
Certificate of Authorization from a provincial pressure vessel 
jurisdiction for repair and not a National Board Certificate of 
Authorization for use of the National Board ``R'' stamp, the DOT 
specification of the cargo tank is placed in jeopardy.
    Based on this input from RCC stakeholders, PHMSA conducted a 
comparison of the HMR requirements for the repair of specification 
cargo tanks and the corresponding requirements of the Transport Canada 
TDG Regulations. In consultation with FMCSA, PHMSA determined that the 
requirements for the repair of a specification cargo tank conducted in 
accordance with the Transport Canada TDG Regulations by a facility in 
Canada holding a valid Certificate of Authorization from a provincial 
pressure vessel jurisdiction for repair provide for at least an 
equivalent level of safety as those provided by the HMR. Further, the 
Transport Canada TDG Regulations authorize the repair of TC 
specification cargo tanks by facilities in the U.S. that are registered 
in accordance with part 107 subpart F.
    Accordingly, PHMSA is expanding the authorization for the repair of 
DOT specification cargo tanks by revising Sec.  180.413(a)(1). 
Specifically, PHMSA is adding a new paragraph (a)(1)(iii) authorizing a 
repair, as defined in Sec.  180.403, of a DOT specification cargo tank 
used for the transportation of hazardous materials in the United States 
performed by a facility in Canada in accordance with the Transport 
Canada TDG Regulations, provided the [1] facility holds a valid 
Certificate of Authorization from a provincial pressure vessel 
jurisdiction for repair; [2] the facility is registered in accordance 
with the Transport Canada TDG Regulations to repair the corresponding 
TC specification; and [3] all repairs are performed using the quality 
control procedures used to obtain the Certificate of Authorization. 
PHMSA received a comment from FIBA stating that we are only including 
an authorization for a Canadian facility that holds a valid Certificate 
of Authorization from a provincial pressure vessel jurisdiction and not 
a Canadian facility holding a valid National Board Certificate of 
Authorization for the use of the National Board ``R'' stamp. FIBA 
requested that we authorize either type of repair facility. PHMSA notes 
that the use of the ``R'' Stamp by Canadian facilities is currently 
authorized in Sec.  180.413(a)(1), and no changes to this authorization 
were proposed or adopted.
    PHMSA is also making an incidental revision to Sec.  180.413(b) to 
except facilities in Canada that perform a repair in accordance with 
the new Sec.  180.413(a)(1)(iii) from the requirement that each repair 
of a cargo tank involving welding on the shell or head must be 
certified by a Registered Inspector. The Transport Canada TDG 
Regulations provide requirements for the oversight of welding repairs 
and do not use the term ``Registered Inspector.''
    These provisions would not place any additional financial or 
reporting burden on U.S. companies. Rather, the enhanced regulatory 
reciprocity between the United States and Canada as a result of these 
provisions would provide the companies with additional flexibility and 
cost savings due to opportunities for obtaining repairs to DOT 
specification cargo tanks in Canada. PHMSA received a comment of 
general support for this effort from NTTC.
Section 180.605
    Section 180.605 prescribes requirements for the qualification of 
portable tanks. Consistent with the UN Model Regulations, PHMSA is 
amending paragraph (g)(1) to require as a part of internal and external 
examination that the wall thickness must be verified by appropriate 
measurement if this inspection indicates a reduction of wall thickness. 
This amendment will require the inspector to verify that the shell 
thickness is equal to or greater than the minimum shell thickness 
indicated on the portable tanks metal plate (see Sec.  178.274(i)(1)).

[[Page 15827]]

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the statutory authority of 
Federal hazardous materials transportation law (Federal hazmat law; 49 
U.S.C. 5101 et seq.). Section 5103(b) of Federal hazmat law authorizes 
the Secretary of Transportation (Secretary) to prescribe regulations 
for the safe transportation, including security, of hazardous materials 
in intrastate, interstate, and foreign commerce. This final rule amends 
regulations to maintain alignment with international standards by 
incorporating various amendments, including changes to proper shipping 
names, hazard classes, packing groups, special provisions, packaging 
authorizations, air transport quantity limitations, and vessel stowage 
requirements. To this end, the final rule amends the HMR to more fully 
align with the biennial updates of the UN Model Regulations, the IMDG 
Code, and the ICAO Technical Instructions.
    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 transporters were required to comply with two or 
more conflicting sets of regulatory requirements. While the intent of 
this rulemaking is to align the HMR with international standards, we 
review and consider each amendment based on its own merit, on its 
overall impact on transportation safety, and on the economic 
implications associated with its adoption into the HMR. Our goal is to 
harmonize internationally without sacrificing the current level of 
safety or imposing undue burdens on the regulated community. Thus, as 
explained in the corresponding sections above, we are not harmonizing 
with certain specific provisions of the UN Model Regulations, the IMDG 
Code, and the ICAO Technical Instructions. Moreover, we are maintaining 
a number of current exceptions for domestic transportation that should 
minimize the compliance burden on the regulated community. The 
following external agencies were consulted in the development of this 
rule: Federal Aviation Administration, Federal Motor Carrier Safety 
Administration, Federal Railroad Administration, and U.S. Coast Guard.
    Section 49 U.S.C. 5120(b) of Federal hazardous materials law 
authorizes the Secretary 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 large volume of hazardous materials transported in 
international commerce warrants the harmonization of domestic and 
international requirements to the greatest extent possible. This final 
rule amends the HMR to maintain alignment with international standards 
by incorporating various amendments to facilitate the transport of 
hazardous material in international commerce. To this end, as discussed 
in detail above, PHMSA is incorporating changes into the HMR based on 
the 19th Revised Edition of the UN Model Regulations, Amendment 38-16 
of the IMDG Code, and the 2017-2018 Edition of the ICAO Technical 
Instructions, which become effective January 1, 2017 (Amendment 38-16 
to the IMDG Code may be voluntarily applied on January 1, 2017; 
however, the previous amendment remains effective through December 31, 
2017).

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

    This final 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. Accordingly, this final rule is 
not considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation of February 26, 1979. 
See 44 FR 11034. Executive Order 13563, ``Improving Regulation and 
Regulatory Review,'' 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. See 76 FR 
3821 (Jan. 21, 2011).
    The HM-215N NPRM and the associated RIA (Docket ID: PHMSA-2015-
0273) requested stakeholder comments and data on the benefit and cost 
estimates of the NPRM. While some commenters questioned the benefits 
and costs of individual provisions, no comments specifically provided 
data or alternative analysis to change our original analysis of 
benefits and costs. In addition, PHMSA has not identified additional 
data or analysis to change the costs and benefits presented in the NPRM 
and the associated RIA. As a result, PHMSA adopts the benefits and 
costs presented in the RIA of the NPRM for this final rule. The 
following table summarizes the benefits and costs as found in the RIA 
for the following amendments as discussed in detail above: 1. Updates 
to references in HMT; 2. Revising HMT for polymerizing substances; 3. 
Amending HMT to update certain proper shipping names, packing groups, 
special provisions, packaging authorizations, bulk packaging 
requirements, and vessel stowage requirements; 4. Adding various 
substances to the list of marine pollutants; 5. Modifying part 173 
packaging requirements and authorizations; 6. Amending packaging 
requirements for vessel transportation of water-reactive substances; 7. 
Revising hazardous communication requirements for shipments of lithium 
batteries; and, 8. Recognizing Transport Canada cylinders, certificates 
of equivalencies, and inspection and repair of cargo tanks.

                 Summary of Estimated Benefits and Costs
------------------------------------------------------------------------
          Category                   Year 1         Each subsequent year
------------------------------------------------------------------------
                                Benefits
------------------------------------------------------------------------
Quantified Benefits:
    Amendment 1.............  $73.3 million.......  $73.3 million.
    Amendment 8.............  $693,804-$6,555,234.  $693,804-$6,555,234.
    Paperwork Reduction Act.  $887,635............  $887,635.
Non-Quantified Benefits:
    Amendment 2.............  Potential prevention  Potential prevention
                               of fire aboard        of fire aboard
                               vessels carrying      vessels carrying
                               certain polymerized   certain polymerized
                               substances.           substances.

[[Page 15828]]

 
    Amendment 3.............  Allow shippers of     Allow shippers of
                               polyester resin       polyester resin
                               kits to use one       kits to use one
                               proper shipping       proper shipping
                               name.                 name.
                              Standard              Standard
                               classification of     classification of
                               low-power rocket      low-power rocket
                               motors.               motors.
                              Benefit to public     Benefit to public
                               from placarding       from placarding
                               uranium               uranium
                               hexafluoride          hexafluoride
                               toxicity.             toxicity.
                              Appropriate hazard    Appropriate hazard
                               communication for     communication for
                               engines and           engines and
                               machines with large   machines with large
                               amounts of fuel.      amounts of fuel.
    Amendment 4.............  Facilitate            Facilitate
                               consistent            consistent
                               communication of      communication of
                               presence of certain   presence of certain
                               marine pollutants.    marine pollutants.
    Amendment 5.............  Allow flexibility in  Allow flexibility in
                               packaging for         packaging for
                               leaking or            leaking or
                               deteriorated          deteriorated
                               cylinders.            cylinders.
    Amendment 6.............  Reduce risk of fire   Reduce risk of fire
                               aboard domestic       aboard domestic
                               vessels carrying      vessels carrying
                               certain hazardous     certain hazardous
                               materials that        materials that
                               react dangerously     react dangerously
                               with water.           with water.
    Amendment 7.............  Facilitate            Facilitate
                               intermodal            intermodal
                               movements of          movements of
                               certain               certain
                               consignments of       consignments of
                               lithium batteries     lithium batteries
                               packed in or with     packed in or with
                               equipment.            equipment.
                              Elimination of        Elimination of
                               document for          document for
                               packages of small     packages of small
                               lithium batteries.    lithium batteries.
        Total Quantified      $74,881,439-$80,742,  $74,881,439-$80,742,
         Benefits.             869.                  869.
------------------------------------------------------------------------
                                  Costs
------------------------------------------------------------------------
Quantified Costs:
    Amendment 1.............  $11,701,506.........  None.
    Amendment 3.............  $288-$39,312........  $288-$39,312.
    Amendment 7.............  None................  Up to $4.9 million
                                                     (beginning with
                                                     Year 3 due to
                                                     transition period).
Non-Quantified Costs:
    Amendment 2.............  Additional costs for  Additional costs for
                               temperature control   temperature control
                               or stabilization of   or stabilization of
                               certain polymerized   certain polymerized
                               substances.           substances.
    Amendment 3.............  Additional costs of   Additional costs of
                               hazard                hazard
                               communication for     communication for
                               some large engines    some large engines
                               containing fuel.      containing fuel.
    Amendment 4.............  Notation on shipping  Notation on shipping
                               papers and display    papers and display
                               of marine pollutant   of marine pollutant
                               mark on certain       mark on certain
                               international air     international air
                               or vessel             or vessel
                               transportation of     transportation of
                               certain quantities    certain quantities
                               of six marine         of six marine
                               pollutants.           pollutants.
    Amendment 5.............  None................  None.
    Amendment 6.............  Require shippers of   Require shippers of
                               certain water-        certain water-
                               reactive substances   reactive substances
                               to use sift-proof     to use sift-proof
                               or water-resistant    or water-resistant
                               packaging when        packaging when
                               transporting by       transporting by
                               domestic vessel.      domestic vessel.
    Amendment 8.............  None................  None.
        Total Quantified      $11,701,794-$11,740,  $4,900,288-$4,939,31
         Costs.                818.                  2.
        Total Quantified Net  $63,179,645-$69,002,  $69,981,151-$75,803,
         Benefits.             051.                  557.
------------------------------------------------------------------------

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132, ``Federalism,'' which 
requires agencies to assure meaningful and timely input by State and 
local officials in the development of regulatory policies that may have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.'' See 64 
FR 43255 (Aug. 10, 1999). The regulatory changes in this rule preempt 
State, local, and Indian tribe requirements but do not have 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 hazmat 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 final rule addresses covered subject items (1), (2), (3), (4), 
and (5) above and preempts State, local, and

[[Page 15829]]

Indian tribe requirements not meeting the ``substantively the same'' 
standard. This final rule is necessary to incorporate changes adopted 
in international standards, effective January 1, 2017. If the changes 
are not adopted in 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 rulemaking are intended to avoid this 
result. Federal hazmat 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 is setting the 
effective date of Federal preemption to be 90 days from publication of 
this final rule.

D. Executive Order 13175

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments,'' which requires agencies 
to assure meaningful and timely input from Indian tribal government 
representatives in the development of rules that significantly or 
uniquely affect Indian communities by imposing ``substantial direct 
compliance costs'' or ``substantial direct effects'' on such 
communities or the relationship and distribution of power between the 
Federal Government and Indian tribes. See 65 FR 67249 (Nov. 9, 2000). 
Because this final rule does not have tribal implications, does not 
impose substantial direct compliance costs, upon tribes, and does not 
affect the relationship or power distribution between the Federal 
Government and Indian tribes, the funding and consultation requirements 
of Executive Order 13175 do not apply.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities, 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule facilitates the transportation of hazardous materials in 
international commerce by providing 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, and training 
companies. As previously discussed under ``Executive Order 12866, 
Executive Order 13563, and DOT Regulatory Policies and Procedures,'' 
the majority of amendments in this final rule should result in cost 
savings and ease the regulatory compliance burden for shippers engaged 
in domestic and international commerce, including trans-border 
shipments within North America.
    Many companies will realize economic benefits as a result of these 
amendments. Additionally, the changes effected by this final rule will 
relieve U.S. companies, including small entities competing in foreign 
markets, from the burden of complying with a dual system of 
regulations. Therefore, we certify that these amendments will not have 
a significant economic impact on a substantial number of small 
entities.
    This final rule has been developed in accordance with Executive 
Order 13272, ``Proper Consideration of Small Entities in Agency 
Rulemaking,'' [67 FR 53461 (Aug. 16, 2002)], as well as DOT's Policies 
and Procedures, to promote compliance with the Regulatory Flexibility 
Act to ensure that potential impacts of draft rules on small entities 
are properly considered.

F. Paperwork Reduction Act

    PHMSA currently has approved information collections under Office 
of Management and Budget (OMB) Control Number 2137-0557, ``Approvals 
for Hazardous Materials,'' and OMB Control Number 2137-0034, 
``Hazardous Materials Shipping Papers & Emergency Response 
Information.'' We anticipate that this final rule will result in an 
increase in the annual burden for OMB Control Number 2137-0034 due to 
an increase in the number of applications for modifications to existing 
holders of DOT-issued RINs. PHMSA is amending Sec.  107.805(f)(2) to 
allow RIN holders to submit an application containing all the required 
information prescribed in Sec.  107.705(a); identifying the TC, CTC, 
CRC, or BTC specification cylinder(s) or tube(s) to be inspected; 
certifying the requalifier will operate in compliance with the 
applicable TDG Regulations; and certifying the persons performing 
requalification have been trained and have the information contained in 
the TDG Regulations. This application is in addition to any existing 
application and burden encountered during the initial RIN application.
    We anticipate this final rule will result in a decrease in the 
annual burden and costs of OMB Control Number 2137-0034. This burden 
and cost decrease is primarily attributable to the removal of the 
alternative document currently required for lithium cells or batteries 
offered in accordance with Sec.  173.185(c). Additional increased 
burdens and costs to OMB Control Number 2137-0034 in this final rule 
are attributable to a new indication on shipping papers that a shipment 
of prototype or low production run lithium batteries or cells is in 
accordance with Sec.  173.185(e)(7) and the addition of new marine 
pollutant entries.
    This rulemaking identifies revised information collection requests 
that PHMSA will submit to OMB for approval based on the requirements in 
this final rule. PHMSA has developed burden estimates to reflect 
changes in this final rule and estimates the information collection and 
recordkeeping burdens in this rule are as follows:
OMB Control Number 2137-0557
    Annual Increase in Number of Respondents: 3,600.
    Annual Increase in Annual Number of Responses: 3,600.
    Annual Increase in Annual Burden Hours: 1,800.
    Annual Increase in Annual Burden Costs: $63,000.
OMB Control Number 2137-0034
    Annual Decrease in Number of Respondents: 972,551.
    Annual Decrease in Annual Number of Responses: 9,765,507.
    Annual Decrease in Annual Burden Hours: 27,161.
    Annual Decrease in Annual Burden Costs: $950,635.
    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 of 1995

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of

[[Page 15830]]

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 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 through 1508) require Federal agencies to conduct an 
environmental review considering (1) the need for the action, (2) 
alternatives to the action, (3) probable environmental impacts of the 
action and alternatives, and (4) the agencies and persons consulted 
during the consideration process.
1. Purpose and Need
    This action is necessary to incorporate changes adopted in the IMDG 
Code, the ICAO Technical Instructions, and the UN Model Regulations, 
effective January 1, 2017. If the changes in this final rule are not 
adopted in the HMR by this effective date, 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 to the HMR contained in this 
rulemaking are intended to avoid this result.
    The intended effect of this action is to harmonize the HMR with 
international transport standards and requirements to the extent 
practicable in accordance with Federal hazmat law (see 49 U.S.C. 5120). 
When considering the adoption of international standards under the HMR, 
PHMSA reviews and evaluates each amendment on its own merit, on its 
overall impact on transportation safety, and on the economic 
implications associated with its adoption. Our goal is to harmonize 
internationally without diminishing the level of safety currently 
provided by the HMR or imposing undue burdens on the regulated public. 
PHMSA has provided a brief summary of each revision, the justification 
for the revision, and a preliminary estimate of economic impact.
2. Alternatives
    In developing this rulemaking, PHMSA considered the following 
alternatives:
No Action Alternative
    If PHMSA had selected the No Action Alternative, current 
regulations would remain in place and no new provisions would be added. 
However, efficiencies gained through harmonization in updates to 
transport standards, lists of regulated substances, definitions, 
packagings, stowage requirements/codes, flexibilities allowed, enhanced 
markings, segregation requirements, etc., would not be realized. 
Foregone efficiencies in the No Action Alternative include freeing up 
limited resources to concentrate on vessel transport hazard 
communication (hazcom) issues of potentially much greater environmental 
impact. Adopting the No Action Alternative would result in a lost 
opportunity for reducing environmental and safety-related incidents.
Preferred Alternative
    This alternative is the current rule. The amendments included in 
this alternative are more fully addressed in the preamble and 
regulatory text sections of this final rule.
3. Probable Environmental Impact of the Alternatives
No Action Alternative
    If PHMSA had selected select the No Action Alternative, current 
regulations would remain in place and no new provisions would be added. 
However, efficiencies gained through harmonization in updates to 
transport standards, lists of regulated substances, definitions, 
packagings, stowage requirements/codes, flexibilities allowed, enhanced 
markings, segregation requirements, etc., would not be realized. 
Foregone efficiencies in the No Action Alternative include freeing up 
limited resources to concentrate on vessel transport 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 a decreased number of environmental and safety 
incidents. Not adopting the environmental and safety requirements in 
the final rule under the No Action Alternative would result in a lost 
opportunity for reducing environmental and safety-related incidents.
Preferred Alternative
    PHMSA selected the preferred alternative. Potential environmental 
impacts of each proposed amendment in the preferred alternative are 
discussed as follows:
     Incorporation by Reference: PHMSA is updating references 
to various international hazardous materials transport standards, 
including the 2017-2018 ICAO Technical Instructions; Amendment 38-16 of 
the IMDG Code; the 19th Revised Edition of the UN Model Regulations; 
the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 
latest amendments to the Canadian TDG Regulations. In addition, PHMSA 
is adding one new reference and updating eight other references to 
standards applicable to the manufacture, use, and requalification of 
pressure vessels published by the International Organization for 
Standardization.
    The HMR authorize shipments prepared in accordance with the ICAO 
Technical Instructions and by motor vehicle either before or after 
being transported by aircraft. Similarly, the HMR authorize shipments 
prepared in accordance with the IMDG Code if all or part of the 
transportation is by vessel. The authorizations to use the ICAO 
Technical Instructions and the IMDG Code are subject to certain 
conditions and limitations outlined in part 171 subpart C.
     Hazardous Materials Table (HMT): PHMSA is adopting 
amendments to the HMT to add, revise, or remove certain proper shipping 
names, packing groups, special provisions, packaging authorizations, 
bulk packaging requirements, and vessel stowage requirements. 
Amendments to HMT proper shipping names include: assigning the existing 
``Engines, internal combustion'' entries to their own new UN numbers 
and provisions; amending existing ``Uranium Hexafluoride'' entries to 
include a new Division 6.1 subsidiary hazard class designation; adding 
a new entry for ``Polyester resin kit, solid base material; and adding 
a Division 1.4C new entry for ``Rocket motors.'' Additionally, we are 
adding and revising special provisions, large packaging authorizations, 
and IBC authorizations consistent with the UN Model Regulations to 
provide a wider range of packaging options to shippers of hazardous 
materials.
    New and revised entries to the HMT reflect emerging technologies 
and a need to better describe or differentiate between existing 
entries. These changes mirror those made to the Dangerous Goods List of 
the 19th Revised Edition of the UN Model Regulations, the 2017-2018 
ICAO Technical Instructions, and Amendment 38-16 of the IMDG Code. It 
is extremely important for the domestic HMR to mirror these 
international standards regarding the entries in the HMT to allow for 
consistent naming

[[Page 15831]]

conventions across modes and international borders.
    Inclusion of entries in the HMT reflects a degree of danger 
associated with a particular material and identifies appropriate 
packaging. This change provides a level of consistency for all articles 
specifically listed in the HMT, without diminishing environmental 
protection and safety.
     Provisions for Polymerizing Substances: Consistent with 
amendments adopted into the UN Model Regulations, PHMSA is revising the 
HMT in Sec.  172.101 to include four new Division 4.1 entries for 
polymerizing substances. Additionally, we are adding into the HMR 
defining criteria, authorized packagings, and safety requirements 
including, but not limited to, stabilization methods and operational 
controls.
    New and revised entries to the HMT reflect emerging technologies 
and a need to better describe or differentiate between existing 
entries. These changes mirror those made to the Dangerous Goods List of 
the 19th Revised Edition of the UN Model Regulations, the 2017-2018 
ICAO Technical Instructions, and Amendment 38-16 of the IMDG Code. It 
is extremely important for the domestic HMR to mirror these 
international standards regarding the entries in the HMT to allow for 
consistent naming conventions across modes and international borders.
    Inclusion of entries in the HMT reflects a degree of danger 
associated with a particular material and identifies appropriate 
packaging. This change provides a level of consistency for all articles 
specifically listed in the HMT, without diminishing environmental 
protection and safety.
     Modification of the Marine Pollutant List: PHMSA is adding 
the following substances to the list of marine pollutants in appendix B 
to Sec.  172.101: Hypochlorite solutions; Isoprene, stabilized; N-
Methylaniline; Methylcyclohexane; and Tripropylene. These additions are 
based on the criteria contained in the IMDG Code for substances 
classified as toxic to the aquatic environment. The HMR maintain a list 
as the basis for regulating substances toxic to the aquatic environment 
and allow use of the criteria in the IMDG Code if a listed material 
does not meet the criteria for a marine pollutant. PHMSA periodically 
updates this list based on changes to the IMDG Code and evaluation of 
listed materials against the IMDG Code criteria. Amending the marine 
pollutant list facilitates consistent communication of the presence of 
marine pollutants, as well as safe and efficient transportation, 
without imposing significant burden associated with characterizing 
mixtures as marine pollutants.
     Packaging Revisions: These changes include design, 
construction, and performance testing criteria of composite reinforced 
tubes between 450 L and 3,000 L water capacity.
    These amendments permit additional flexibility for authorized 
packages without compromising environmental protection or safety. 
Manufacturing and performance standards for gas pressure receptacles 
strengthen the packaging without being overly prescriptive. Increased 
flexibility will also add to environmental protection by increasing the 
ease of regulatory compliance.
     Packaging Requirements for Water-Reactive Materials 
Transported by Vessel: PHMSA is adopting various amendments to 
packaging requirements for the vessel transportation of water-reactive 
substances. The amendments include requiring certain commodities to 
have hermetically sealed packaging and requiring other commodities--
when packed in flexible, fiberboard, or wooden packagings--to have 
sift-proof and water-resistant packaging or packaging fitted with a 
sift-proof and water-resistant liner. This amendment reduces the risk 
of fire on board cargo vessels carrying hazardous materials that can 
react dangerously with the ship's available water and carbon dioxide 
fire extinguishing systems.
    PHMSA is amending the packaging requirements for vessel 
transportation of hazardous materials that react with water or moisture 
to generate excessive heat or release toxic or flammable gases. Common 
causes for water entering into the container are: Water entering 
through ventilation or structural flaws in the container; water 
entering into the containers placed on deck or in the hold in heavy 
seas; and water entering into the cargo space upon a ship collision or 
leak. If water has already entered the container, the packaging is the 
only protection from the fire. In this final rule, PHMSA is 
strengthening the ability of these packages transporting water-reactive 
substances. This amendment will allow for a net increase in 
environmental protection and safety by keeping reactive substances in 
their packages, thus preventing release and damage to human health and 
the natural environment.
     Hazard Communication Requirements for Lithium Batteries: 
PHMSA is revising hazard communication requirements for shipments of 
lithium batteries. Specifically, PHMSA is: Adopting a new lithium 
battery label in place of the existing Class 9 label; amending the 
existing marking requirements for small lithium battery shipments in 
Sec.  173.185(c) to incorporate a new standard lithium battery mark for 
use across all modes; deleting the documentation requirement in Sec.  
173.185(c) for shipments of small lithium cells and batteries; and 
amending the exception for small lithium cells and batteries requiring 
the lithium battery mark from the current applicability of ``no more 
than four lithium cells or two lithium batteries installed in the 
equipment'' to ``no more than four lithium cells or two lithium 
batteries installed in equipment, where there are not more than two 
packages in the consignment.''
    Greenhouse gas emissions would remain the same under this 
amendment.
     U.S.-Canada Regulatory Cooperation Council (RCC) 
Amendments: PHMSA is making amendments to the HMR resulting from 
coordination with Canada under the U.S.-Canada RCC. We are adopting 
provisions for recognition of TC cylinders, equivalency certificates, 
and inspection and repair of cargo tanks. The additions intend to 
provide reciprocal treatment of DOT Special Permits and TC equivalency 
certificates, DOT cylinders and TC cylinders, and cargo tank repair 
capabilities in both countries. Amending the HMR facilitates consistent 
communication for substances transported by cylinders and cargo tanks, 
thus decreasing not only incident response time, but the number and 
severity of environmental and safety incidents. The action is 
consistent with concurrent actions by Transport Canada to amend the TDG 
Regulations.
4. Agencies Consulted
    PHMSA has coordinated with the U.S. Federal Aviation 
Administration, the Federal Motor Carrier Safety Administration, the 
Federal Railroad Administration, and the U.S. Coast Guard, in the 
development of this final rule. PHMSA has considered the views 
expressed in comments to the NPRM.
5. Conclusion
    The provisions of this final rule build on current regulatory 
requirements to enhance the transportation safety and security of 
shipments of hazardous materials transported by highway, rail, 
aircraft, and vessel, thereby reducing the risks of an accidental or 
intentional release of hazardous materials and consequent environmental 
damage. PHMSA concludes that the net environmental impact will be 
positive and that there are no significant environmental impacts 
associated with this final rule.

[[Page 15832]]

J. Privacy Act

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

K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, ``Promoting International Regulatory 
Cooperation'', 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. See 77 FR 
26413 (May 4, 2012). 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 (Pub. L. 96-39), as 
amended by the Uruguay Round Agreements Act (Pub. L. 103-465), 
prohibits Federal agencies from establishing any standards or engaging 
in related activities that create unnecessary obstacles to the foreign 
commerce of the United States. For purposes of these requirements, 
Federal agencies may participate in the establishment of international 
standards, so long as the standards have a legitimate domestic 
objective, such as providing for safety, and do not operate to exclude 
imports that meet this objective. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
to protect the safety of the American public. PHMSA has assessed the 
effects of this rulemaking and determined that it does not cause 
unnecessary obstacles to foreign trade. In fact, the rule is designed 
to facilitate international trade. 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 final 
rule involves multiple voluntary consensus standards which are 
discussed at length in the ``Section-by-Section Review'' for Sec.  
171.7.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials 
transportation, Incorporation by reference, Packaging and containers, 
Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 175

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

49 CFR Part 176

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

49 CFR Part 178

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

49 CFR Part 180

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

    In consideration of the foregoing, PHMSA amends 49 CFR chapter I as 
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4; Pub. L. 104-121, sections 212-213; Pub. L. 104-134, section 
31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 
and 1.97.


0
2. In Sec.  107.502, paragraph (b) is revised to read as follows:


Sec.  107.502  General registration requirements.

* * * * *
    (b) No person may engage in the manufacture, assembly, 
certification, inspection or repair of a cargo tank or cargo tank motor 
vehicle manufactured under the terms of a DOT specification under 
subchapter C of this chapter or a special permit issued under this part 
unless the person is registered with the Department in accordance with 
the provisions of this subpart. A person employed as an inspector or 
design certifying engineer is considered to be registered if the 
person's employer is registered. The requirements of this paragraph (b) 
do not apply to a person engaged in the repair of a DOT specification 
cargo tank used in the transportation of hazardous materials in the 
United States in accordance with Sec.  180.413(a)(1)(iii) of this 
chapter.
* * * * *

0
3. In Sec.  107.801, paragraph (a)(2) is revised to read as follows:


Sec.  107.801  Purpose and scope.

    (a) * * *
    (2) A person who seeks approval to engage in the requalification 
(e.g. inspection, testing, or certification), rebuilding, or repair of 
a cylinder manufactured in accordance with a DOT specification or a 
pressure receptacle in accordance with a UN standard under subchapter C 
of this chapter or under the terms of a special permit issued

[[Page 15833]]

under this part, or a cylinder or tube manufactured in accordance with 
a TC, CTC, CRC, or BTC specification under the Transport Canada TDG 
Regulations (IBR; see Sec.  171.7 of this chapter);
* * * * *

0
4. In Sec.  107.805, paragraphs (a), (c)(2), (d), and (f) are revised 
to read as follows:


Sec.  107.805  Approval of cylinder and pressure receptacle 
requalifiers.

    (a) General. A person must meet the requirements of this section to 
be approved to inspect, test, certify, repair, or rebuild a cylinder in 
accordance with a DOT specification or a UN pressure receptacle under 
subpart C of part 178 or subpart C of part 180 of this chapter, or 
under the terms of a special permit issued under this part, or a TC, 
CTC, CRC, or BTC specification cylinder or tube manufactured in 
accordance with the TDG Regulations (IBR, see Sec.  171.7 of this 
chapter).
* * * * *
    (c) * * *
    (2) The types of DOT specification or special permit cylinders, UN 
pressure receptacles, or TC, CTC, CRC, or BTC specification cylinders 
or tubes that will be inspected, tested, repaired, or rebuilt at the 
facility;
* * * * *
    (d) Issuance of requalifier identification number (RIN). The 
Associate Administrator issues a RIN as evidence of approval to 
requalify DOT specification or special permit cylinders, or TC, CTC, 
CRC, or BTC specification cylinders or tubes, or UN pressure 
receptacles if it is determined, based on the applicant's submission 
and other available information, that the applicant's qualifications 
and, when applicable, facility are adequate to perform the requested 
functions in accordance with the criteria prescribed in subpart C of 
part 180 of this subchapter or TDG Regulations, as applicable.
* * * * *
    (f) Exceptions. The requirements in paragraphs (b) and (c) of this 
section do not apply to:
    (1) A person who only performs inspections in accordance with Sec.  
180.209(g) of this chapter provided the application contains the 
following, in addition to the information prescribed in Sec.  
107.705(a): Identifies the DOT specification/special permit cylinders 
to be inspected; certifies the requalifier will operate in compliance 
with the applicable requirements of subchapter C of this chapter; 
certifies the persons performing inspections have been trained and have 
the information contained in each applicable CGA publication 
incorporated by reference in Sec.  171.7 of this chapter applicable to 
the requalifiers' activities; and includes the signature of the person 
making the certification and the date on which it was signed. Each 
person must comply with the applicable requirements in this subpart. In 
addition, the procedural requirements in subpart H of this part apply 
to the filing, processing and termination of an approval issued under 
this subpart; or
    (2) A person holding a DOT-issued RIN to perform the 
requalification (inspect, test, certify), repair, or rebuild of DOT 
specification cylinders, that wishes to perform any of these actions on 
corresponding TC, CTC, CRC, or BTC cylinders or tubes may submit an 
application that, in addition to the information prescribed in Sec.  
107.705(a): Identifies the TC, CTC, CRC, or BTC specification 
cylinder(s) or tube(s) to be inspected; certifies the requalifier will 
operate in compliance with the applicable TDG Regulations; certifies 
the persons performing requalification have been trained in the 
functions applicable to the requalifiers' activities; and includes the 
signature of the person making the certification and the date on which 
it was signed. In addition, the procedural requirements in subpart H of 
this part apply to the filing, processing and termination of an 
approval issued under this subpart.
    (3) A person holding a certificate of registration issued by 
Transport Canada in accordance with the TDG Regulations to perform the 
requalification (inspect, test, certify), repair, or rebuild of a TC, 
CTC, CRC, or BTC cylinder who performs any of these actions on 
corresponding DOT specification cylinders.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

0
6. In Sec.  171.2, paragraph (h)(1) is revised to read as follows:


Sec.  171.2  General requirements.

* * * * *
    (h) * * *
    (1) Specification identifications that include the letters ``ICC'', 
``DOT'', ``TC'', ``CTC'', ``CRC'', ``BTC'', ``MC'', or ``UN'';
* * * * *

0
7. In Sec.  171.7:
0
a. Revise paragraphs (a)(1), (h)(44), (t), (v) introductory text, 
(v)(2), (w), (bb) introductory text, and (bb)(1) introductory text;
0
b, Add paragraphs (bb)(1)(xiii) through (xix); and
0
c. Revise paragraphs (dd).
    The revisions and additions read as follows:


Sec.  171.7  Reference material.

    (a) Matter incorporated by reference--(1) General. Certain material 
is incorporated by reference into subchapters A, B, and C with the 
approval of the Director of the Federal Register under 5 U.S.C. 552(a) 
and 1 CFR part 51. To enforce any edition other than that specified in 
this section, PHMSA must publish a document in the Federal Register and 
the material must be available to the public. Matters referenced by 
footnote are included as part of the regulations of this subchapter.
* * * * *
    (h) * * *
    (44) ASTM D 4359-90 Standard Test Method for Determining Whether a 
Material is a Liquid or a Solid, 1990 into Sec. Sec.  130.5, 171.8.
* * * * *
    (t) International Civil Aviation Organization (``ICAO''), 999 
Robert-Bourassa Boulevard, Montr[eacute]al, Quebec H3C 5H7, Canada, 1-
514-954-8219, http://www.icao.int. ICAO Technical Instructions 
available from: ICAO Document Sales Unit, sales@icao.int.
    (1) Technical Instructions for the Safe Transport of Dangerous 
Goods by Air (ICAO Technical Instructions), 2017-2018 Edition, 
copyright 2016, into Sec. Sec.  171.8; 171.22; 171.23; 171.24; 172.101; 
172.202; 172.401; 172.512; 172.519; 172.602; 173.56; 173.320; 175.10, 
175.33; 178.3.
    (2) [Reserved]
* * * * *
    (v) International Maritime Organization (``IMO''), 4 Albert 
Embankment, London, SE1 7SR, United Kingdom, + 44 (0) 20 7735 7611, 
http://www.imo.org. IMDG Code available from: IMO Publishing, 
sales@imo.org.
* * * * *
    (2) International Maritime Dangerous Goods Code (IMDG Code), 
Incorporating Amendment 38-16 (English Edition), 2016 Edition, into 
Sec. Sec.  171.22; 171.23; 171.25; 172.101; 172.202; 172.203 172.401; 
172.502; 172.519; 172.602; 173.21; 173.56; 176.2; 176.5; 176.11; 
176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 176.906; 178.3; 
178.274.
    (w) International Organization for Standardization, Case Postale 
56, CH-1211, Geneve 20, Switzerland, http://

[[Page 15834]]

www.iso.org. Also available from: ANSI 25, West 43rd Street, New York, 
NY 10036, 1-212-642-4900, http://www.ansi.org.
    (1) ISO 535-1991(E) Paper and board--Determination of water 
absorptiveness--Cobb method, 1991, into Sec. Sec.  178.707; 178.708; 
178.516.
    (2) ISO 1496-1: 1990 (E)--Series 1 freight containers--
Specification and testing, Part 1: General cargo containers. Fifth 
Edition, (August 15, 1990), into Sec.  173.411.
    (3) ISO 1496-3(E)--Series 1 freight containers--Specification and 
testing--Part 3: Tank containers for liquids, gases and pressurized dry 
bulk, Fourth edition, March 1995, into Sec. Sec.  178.74; 178.75; 
178.274.
    (4) ISO 1516:2002(E), Determination of flash/no flash--Closed cup 
equilibrium method, Third Edition, 2002-03-01, into Sec.  173.120.
    (5) ISO 1523:2002(E), Determination of flash point--Closed cup 
equilibrium method, Third Edition, 2002-03-01, into Sec.  173.120.
    (6) ISO 2431-1984(E) Standard Cup Method, 1984, into Sec.  173.121.
    (7) ISO 2592:2000(E), Determination of flash and fire points--
Cleveland open cup method, Second Edition, 2000-09-15, into Sec.  
173.120.
    (8) ISO 2719:2002(E), Determination of flash point--Pensky-Martens 
closed cup method, Third Edition, 2002-11-15, into Sec.  173.120.
    (9) ISO 2919:1999(E), Radiation Protection--Sealed radioactive 
sources--General requirements and classification, (ISO 2919), second 
edition, February 15, 1999, into Sec.  173.469.
    (10) ISO 3036-1975(E) Board--Determination of puncture resistance, 
1975, into Sec.  178.708.
    (11) ISO 3405:2000(E), Petroleum products--Determination of 
distillation characteristics at atmospheric pressure, Third Edition, 
2000-03-01, into Sec.  173.121.
    (12) ISO 3574-1986(E) Cold-reduced carbon steel sheet of commercial 
and drawing qualities, into Sec.  178.503; part 178, appendix C.
    (13) ISO 3679:2004(E), Determination of flash point--Rapid 
equilibrium closed cup method, Third Edition, 2004-04-01, into Sec.  
173.120.
    (14) ISO 3680:2004(E), Determination of flash/no flash--Rapid 
equilibrium closed cup method, Fourth Edition, 2004-04-01, into Sec.  
173.120.
    (15) ISO 3807-2(E), Cylinders for acetylene--Basic requirements--
Part 2: Cylinders with fusible plugs, First edition, March 2000, into 
Sec. Sec.  173.303; 178.71.
    (16) ISO 3807:2013(E), Gas cylinders--Acetylene cylinders--Basic 
requirements and type testing, Second edition, 2013-09-01, into 
Sec. Sec.  173.303; 178.71.
    (17) ISO 3924:1999(E), Petroleum products--Determination of boiling 
range distribution--Gas chromatography method, Second Edition, 1999-08-
01, into Sec.  173.121.
    (18) ISO 4126-1:2004(E): Safety devices for protection against 
excessive pressure--Part 1: Safety valves, Second edition 2004-02-15, 
into Sec.  178.274.
    (19) ISO 4126-7:2004(E): Safety devices for protection against 
excessive pressure--Part 7: Common data, First Edition 2004-02-15 into 
Sec.  178.274.
    (20) ISO 4126-7:2004/Cor.1:2006(E): Safety devices for protection 
against excessive pressure--Part 7: Common data, Technical Corrigendum 
1, 2006-11-01, into Sec.  178.274.
    (21) ISO 4626:1980(E), Volatile organic liquids--Determination of 
boiling range of organic solvents used as raw materials, First Edition, 
1980-03-01, into Sec.  173.121.
    (22) ISO 4706:2008(E), Gas cylinders--Refillable welded steel 
cylinders--Test pressure 60 bar and below, First Edition, 2008-07-014, 
Corrected Version, 2008-07-01, into Sec.  178.71.
    (23) ISO 6406(E), Gas cylinders--Seamless steel gas cylinders--
Periodic inspection and testing, Second edition, February 2005, into 
Sec.  180.207.
    (24) ISO 6892 Metallic materials--Tensile testing, July 15, 1984, 
First Edition, into Sec.  178.274.
    (25) ISO 7225(E), Gas cylinders--Precautionary labels, Second 
Edition, July 2005, into Sec.  178.71.
    (26) ISO 7866(E), Gas cylinders--Refillable seamless aluminum alloy 
gas cylinders--Design, construction and testing, First edition, June 
1999, into Sec.  178.71.
    (27) ISO 7866:2012(E), Gas cylinders--Refillable seamless aluminium 
alloy gas cylinders--Design, construction and testing, Second edition, 
2012-09-01, into Sec.  178.71.
    (28) ISO 7866:2012/Cor.1:2014(E), Gas cylinders -- Refillable 
seamless aluminium alloy gas cylinders -- Design, construction and 
testing, Technical Corrigendum 1, 2014-04-15, into Sec.  178.71.
    (29) ISO 8115 Cotton bales--Dimensions and density, 1986 Edition, 
into Sec.  172.102.
    (30) ISO 9809-1:1999(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa., 
First edition, June 1999, into Sec. Sec.  178.37; 178.71; 178.75.
    (31) ISO 9809-1:2010(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1 100 MPa., 
Second edition, 2010-04-15, into Sec. Sec.  178.37; 178.71; 178.75.
    (32) ISO 9809-2:2000(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1 100 MPa., First edition, June 2000, into Sec. Sec.  178.71; 178.75.
    (33) ISO 9809-2:2010(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1100 MPa., Second edition, 2010-04-15, into Sec. Sec.  178.71; 178.75.
    (34) ISO 9809-3:2000(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 3: Normalized 
steel cylinders, First edition, December 2000, into Sec. Sec.  178.71; 
178.75.
    (35) ISO 9809-3:2010(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 3: Normalized 
steel cylinders, Second edition, 2010-04-15, into Sec. Sec.  178.71; 
178.75.
    (36) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 4: Stainless 
steel cylinders with an Rm value of less than 1 100 MPa, First edition, 
2014-07-15, into Sec. Sec.  178.71; 178.75.
    (37) ISO 9978:1992(E)--Radiation protection--Sealed radioactive 
sources--Leakage test methods. First Edition, (February 15, 1992), into 
Sec.  173.469.
    (38) ISO 10156:2010(E): Gases and gas mixtures--Determination of 
fire potential and oxidizing ability for the selection of cylinder 
valve outlets, Third edition, 2010-04-01, into Sec.  173.115.
    (39) ISO 10156:2010/Cor.1:2010(E): Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection 
of cylinder valve outlets, Technical Corrigendum 1, 2010-09-01, into 
Sec.  173.115.
    (40) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder 
valves--Specification and type testing, First Edition, 1995-05-01, into 
Sec. Sec.  173.301b; 178.71.
    (41) ISO 10297:2006(E), Transportable gas cylinders--Cylinder 
valves--Specification and type testing, Second Edition, 2006-01-15, 
into Sec. Sec.  173.301b; 178.71.

[[Page 15835]]

    (42) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third Edition, 20014-07-15, into 
Sec. Sec.  173.301b; 178.71.
    (43) ISO 10461:2005(E), Gas cylinders--Seamless aluminum-alloy gas 
cylinders--Periodic inspection and testing, Second Edition, 2005-02-15 
and Amendment 1, 2006-07-15, into Sec.  180.207.
    (44) ISO 10462 (E), Gas cylinders--Transportable cylinders for 
dissolved acetylene--Periodic inspection and maintenance, Second 
edition, February 2005, into Sec.  180.207.
    (45) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third edition, 2013-12-15, into 
Sec.  180.207.
    (46) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve 
connections for use in the micro-electronics industry--Part 2: 
Specification and type testing for valve to cylinder connections, First 
Edition, 2001-08-01, into Sec. Sec.  173.40; 173.302c.
    (47) ISO 11114-1:2012(E), Gas cylinders--Compatibility of cylinder 
and valve materials with gas contents--Part 1: Metallic materials, 
Second edition, 2012-03-15, into Sec. Sec.  172.102; 173.301b; 178.71.
    (48) ISO 11114-2:2013(E), Gas cylinders--Compatibility of cylinder 
and valve materials with gas contents--Part 2: Non-metallic materials, 
Second edition, 2013-04-01, into Sec. Sec.  173.301b; 178.71.
    (49) ISO 11117:1998(E): Gas cylinders--Valve protection caps and 
valve guards for industrial and medical gas cylinders.--Design, 
construction and tests, First edition, 1998-08-01, into Sec.  173.301b.
    (50) ISO 11117:2008(E): Gas cylinders--Valve protection caps and 
valve guards--Design, construction and tests, Second edition, 2008-09-
01, into Sec.  173.301b.
    (51) ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve protection 
caps and valve guards--Design, construction and tests, Technical 
Corrigendum 1, 2009-05-01, into Sec.  173.301b.
    (52) ISO 11118(E), Gas cylinders--Non-refillable metallic gas 
cylinders--Specification and test methods, First edition, October 1999, 
into Sec.  178.71.
    (53) ISO 11119-1(E), Gas cylinders--Gas cylinders of composite 
construction--Specification and test methods--Part 1: Hoop-wrapped 
composite gas cylinders, First edition, May 2002, into Sec.  178.71.
    (54) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction and testing-- Part 1: Hoop 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l, 
Second edition, 2012-08-01, into Sec.  178.71.
    (55) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite 
construction--Specification and test methods--Part 2: Fully wrapped 
fibre reinforced composite gas cylinders with load-sharing metal 
liners, First edition, May 2002, into Sec.  178.71.
    (56) ISO 11119-2:2012(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 2: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l 
with load-sharing metal liners, Second edition, 2012-07-15, into Sec.  
178.71.
    (57) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable 
composite gas cylinders and tubes--Design, construction and testing--
Part 2: Fully wrapped fibre reinforced composite gas cylinders and 
tubes up to 450 l with load-sharing metal liners, Amendment 1, 2014-08-
15, into Sec.  178.71.
    (58) ISO 11119-3(E), Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-load-sharing metallic or non-metallic 
liners, First edition, September 2002, into Sec.  178.71.
    (59) ISO 11119-3:2013(E), Gas cylinders-- Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 3: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l 
with non-load-sharing metallic or non-metallic liners, Second edition, 
2013-04-15, into Sec.  178.71.
    (60) ISO 11120(E), Gas cylinders--Refillable seamless steel tubes 
of water capacity between 150 L and 3000 L--Design, construction and 
testing, First edition, March 1999, into Sec. Sec.  178.71; 178.75.
    (61) ISO 11513:2011(E), Gas cylinders--Refillable welded steel 
cylinders containing materials for sub-atmospheric gas packaging 
(excluding acetylene)--Design, construction, testing, use and periodic 
inspection, First edition, 2011-09-12, into Sec. Sec.  173.302c; 
178.71; 180.207.
    (62) ISO 11621(E), Gas cylinders--Procedures for change of gas 
service, First edition, April 1997, into Sec. Sec.  173.302, 173.336, 
173.337.
    (63) ISO 11623(E), Transportable gas cylinders--Periodic inspection 
and testing of composite gas cylinders, First edition, March 2002, into 
Sec.  180.207.
    (64) ISO 13340:2001(E) Transportable gas cylinders--Cylinder valves 
for non-refillable cylinders--Specification and prototype testing, 
First edition, 2004-04-01, into Sec. Sec.  173.301b; 178.71.
    (65) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09-15, into Sec.  173.120.
    (66) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen 
absorbed in reversible metal hydride, First Edition, 2008-11-15, into 
Sec. Sec.  173.301b; 173.311; 178.71.
    (67) ISO 18172-1:2007(E), Gas cylinders--Refillable welded 
stainless steel cylinders--Part 1: Test pressure 6 MPa and below, First 
Edition, 2007-03-01, into Sec.  178.71.
    (68) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing, First Edition, 2006-
05-01, into Sec.  178.71.
* * * * *
    (bb) Transport Canada, Transport Dangerous Goods. Mailstop: ASD 330 
Sparks Street, Ottawa, Ontario, Canada K1A 0N5, 416-973-1868, http://www.tc.gc.ca.
    (1) Transportation of Dangerous Goods Regulations (Transport Canada 
TDG Regulations), into Sec. Sec.  107.801; 107.805; 171.12; 171.22; 
171.23; 172.401; 172.502; 172.519; 172.602; 173.31; 173.32; 173.33; 
173.301; 180.205; 180.211; 180.212; 180.413.
* * * * *
    (xiii) SOR/2014-152 July 2, 2014.
    (xiv) SOR/2014-159 July 2, 2014.
    (xv) SOR/2014-159 Erratum July 16, 2014.
    (xvi) SOR/2014-152 Erratum August 27, 2014.
    (xvii) SOR/2014-306 December 31, 2014.
    (xviii) SOR/2014-306 Erratum January 28, 2015.
    (xix) SOR/2015-100 May 20, 2015.
* * * * *
    (dd) United Nations, Bookshop, GA-1B-103, New York, NY 10017, 1-
212-963-7680, https://shop.un.org or bookshop@un.org.
    (1) UN Recommendations on the Transport of Dangerous Goods, Model 
Regulations (UN Recommendations), 19th revised edition, Volumes I and 
II (2015), into Sec. Sec.  171.8; 171.12; 172.202; 172.401; 172.407; 
172.502; 173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b; 
173.304b; 178.75; 178.274.
    (2) UN Recommendations on the Transport of Dangerous Goods, Manual 
of Tests and Criteria, (Manual of Tests and Criteria), Sixth revised 
edition (2015), into Sec. Sec.  171.24, 172.102; 173.21; 173.56; 
173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128; 
173.137; 173.185; 173.220; 173.221;

[[Page 15836]]

173.225, part 173, appendix H; 176.905; 178.274.
    (3) UN Recommendations on the Transport of Dangerous Goods, 
Globally Harmonized System of Classification and Labelling of Chemicals 
(GHS), Sixth revised edition (2015), into Sec.  172.401.
* * * * *

0
8. In Sec.  171.8:
0
a. Revise the definition of ``Aerosol'';
0
b. Add a definition for ``Design life'' in alphabetical order;
0
c. Revise the definition of ``Large salvage packaging'';
0
d. Add definitions for ``SAPT'' and ``Service life'' in alphabetical 
order; and
0
e. Revise the definition of ``UN tube.''
    The revisions and additions read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Aerosol means an article consisting of any non-refillable 
receptacle containing a gas compressed, liquefied or dissolved under 
pressure, the sole purpose of which is to expel a nonpoisonous (other 
than a Division 6.1 Packing Group III material) liquid, paste, or 
powder and fitted with a self-closing release device allowing the 
contents to be ejected by the gas.
* * * * *
    Design life, for composite cylinders and tubes, means the maximum 
life (in number of years) to which the cylinder or tube is designed and 
approved in accordance with the applicable standard.
* * * * *
    Large salvage packaging means a special packaging into which 
damaged, defective, leaking or non-conforming hazardous materials 
packages, or hazardous materials that have spilled or leaked are placed 
for the purpose of transport for recovery or disposal, that--
    (1) Is designed for mechanical handling; and
    (2) Has a net mass greater than 400 kg (882 pounds) or a capacity 
of greater than 450 L (119 gallons), but has a volume of not more than 
3 cubic meters (106 cubic feet).
* * * * *
    SAPT means self-accelerated polymerization temperature. See Sec.  
173.21(f) of this subchapter. This definition will be effective until 
January 2, 2019.
* * * * *
    Service life, for composite cylinders and tubes, means the number 
of years the cylinder or tube is permitted to be in service.
* * * * *
    UN tube means a transportable pressure receptacle of seamless or 
composite construction having with a water capacity exceeding 150 L 
(39.6 gallons) but not more than 3,000 L (792.5 gallons) that has been 
marked and certified as conforming to the requirements in part 178 of 
this subchapter.
* * * * *

0
9. In Sec.  171.12, paragraphs (a)(1) and (4) are revised to read as 
follows:


Sec.  171.12  North American Shipments.

    (a) * * *
    (1) A hazardous material transported from Canada to the United 
States, from the United States to Canada, or transiting the United 
States to Canada or a foreign destination may be offered for 
transportation or transported by motor carrier and rail in accordance 
with the Transport Canada TDG Regulations (IBR, see Sec.  171.7) or an 
equivalency certificate (permit for equivalent level of safety) issued 
under the TDG Regulations, as authorized in Sec.  171.22, provided the 
requirements in Sec. Sec.  171.22 and 171.23, as applicable, and this 
section are met. In addition, a cylinder, MEGC, cargo tank motor 
vehicle, portable tank or rail tank car authorized by the Transport 
Canada TDG Regulations may be used for transportation to, from, or 
within the United States provided the cylinder, MEGC, cargo tank motor 
vehicle, portable tank or rail tank car conforms to the applicable 
requirements of this section. Except as otherwise provided in this 
subpart and subpart C of this part, the requirements in parts 172, 173, 
and 178 of this subchapter do not apply for a material transported in 
accordance with the Transport Canada TDG Regulations.
* * * * *
    (4) Cylinders and MEGCs. When the provisions of this subchapter 
require that a DOT specification or a UN pressure receptacle must be 
used for a hazardous material, a packaging authorized by the Transport 
Canada TDG Regulations may be used only if it corresponds to the DOT 
specification or UN standard authorized by this subchapter. Unless 
otherwise excepted in this subchapter, a cylinder (including a UN 
pressure receptacle) or MEGC may not be transported unless--
    (i) The packaging is a UN pressure receptacle or MEGC marked with 
the letters ``CAN'' for Canada as a country of manufacture or a country 
of approval or is a cylinder that was manufactured, inspected and 
tested in accordance with a DOT specification or a UN standard 
prescribed in part 178 of this subchapter, except that cylinders not 
conforming to these requirements must meet the requirements in Sec.  
171.23. Each cylinder must conform to the applicable requirements in 
part 173 of this subchapter for the hazardous material involved.
    (ii) A Canadian Railway Commission (CRC), Board of Transport 
Commissioners for Canada (BTC), Canadian Transport Commission (CTC) or 
Transport Canada (TC) specification cylinder manufactured, originally 
marked, and approved in accordance with the TDG Regulations, and in 
full conformance with the TDG Regulations is authorized for 
transportation to, from or within the United States provided:
    (A) The CRC, BTC, CTC or TC specification cylinder corresponds with 
a DOT specification cylinder and the markings are the same as those 
specified in this subchapter, except that the original markings were 
``CRC'', ``BTC'', ``CTC'', or ``TC'';
    (B) The cylinder has been requalified under a program authorized by 
the TDG Regulations or subpart I of part 107 of this chapter;
    (C) When the regulations authorize a cylinder for a specific 
hazardous material with a specification marking prefix of ``DOT,'' a 
cylinder marked ``CRC'', ``BTC'', ``CTC'', or ``TC'' otherwise bearing 
the same markings required of the specified ``DOT'' cylinder may be 
used; and
    (D) Transport of the cylinder and the material it contains is in 
all other respects in conformance with the requirements of this 
subchapter (e.g. valve protection, filling requirements, operational 
requirements, etc.).
    (iii) Authorized CRC, BTC, CTC or TC specification cylinders that 
correspond with a DOT specification cylinder are as follows:

----------------------------------------------------------------------------------------------------------------
                                          DOT (some or all of these              CTC (some or all of these
                TC                  specifications may  instead be marked  specifications may  instead be marked
                                            with  the prefix ICC)               with  the prefix BTC or CRC)
----------------------------------------------------------------------------------------------------------------
TC-3AM...........................  DOT-3A [ICC-3]                          CTC-3A

[[Page 15837]]

 
TC-3AAM..........................  DOT-3AA                                 CTC-3AA
TC-3ANM..........................  DOT-3BN                                 CTC-3BN
TC-3EM...........................  DOT-3E                                  CTC-3E
TC-3HTM..........................  DOT-3HT                                 CTC-3HT
TC-3ALM..........................  DOT-3AL                                 CTC-3AL
                                   DOT-3B                                  CTC-3B
TC-3AXM..........................  DOT-3AX                                 CTC-3AX
TC-3AAXM.........................  DOT-3AAX                                CTC-3AAX
                                   DOT-3A480X                              CTC-3A480X
TC-3TM...........................  DOT-3T
TC-4AAM33........................  DOT-4AA480                              CTC-4AA480
TC-4BM...........................  DOT-4B                                  CTC-4B
TC-4BM17ET.......................  DOT-4B240ET                             CTC-4B240ET
TC-4BAM..........................  DOT-4BA                                 CTC-4BA
TC-4BWM..........................  DOT-4BW                                 CTC-4BW
TC-4DM...........................  DOT-4D                                  CTC-4D
TC-4DAM..........................  DOT-4DA                                 CTC-4DA
TC-4DSM..........................  DOT-4DS                                 CTC-4DS
TC-4EM...........................  DOT-4E                                  CTC-4E
TC-39M...........................  DOT-39                                  CTC-39
TC-4LM...........................  DOT-4L                                  CTC-4L
                                   DOT-8                                   CTC-8
                                   DOT-8AL                                 CTC-8AL
----------------------------------------------------------------------------------------------------------------

* * * * *

0
10. In Sec.  171.23, paragraph (a) is revised to read as follows:


Sec.  171.23  Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Transport 
Canada TDG Regulations, or the IAEA Regulations.

* * * * *
    (a) Conditions and requirements for cylinders. (1) Except as 
provided in this paragraph (a), a filled cylinder (pressure receptacle) 
manufactured to other than a DOT specification or a UN standard in 
accordance with part 178 of this subchapter, a DOT exemption or special 
permit cylinder, a TC, CTC, CRC, or BTC cylinder authorized under Sec.  
171.12, or a cylinder used as a fire extinguisher in conformance with 
Sec.  173.309(a) of this subchapter, may not be transported to, from, 
or within the United States.
    (2) Cylinders (including UN pressure receptacles) transported to, 
from, or within the United States must conform to the applicable 
requirements of this subchapter. Unless otherwise excepted in this 
subchapter, a cylinder must not be transported unless--
    (i) The cylinder is manufactured, inspected and tested in 
accordance with a DOT specification or a UN standard prescribed in part 
178 of this subchapter, or a TC, CTC, CRC, or BTC specification set out 
in the Transport Canada TDG Regulations (IBR, see Sec.  171.7), except 
that cylinders not conforming to these requirements must meet the 
requirements in paragraph (a)(3), (4), or (5) of this section;
    (ii) The cylinder is equipped with a pressure relief device in 
accordance with Sec.  173.301(f) of this subchapter and conforms to the 
applicable requirements in part 173 of this subchapter for the 
hazardous material involved;
    (iii) The openings on an aluminum cylinder in oxygen service 
conform to the requirements of this paragraph, except when the cylinder 
is used for aircraft parts or used aboard an aircraft in accordance 
with the applicable airworthiness requirements and operating 
regulations. An aluminum DOT specification cylinder must have an 
opening configured with straight (parallel) threads. A UN pressure 
receptacle may have straight (parallel) or tapered threads provided the 
UN pressure receptacle is marked with the thread type, e.g. ``17E, 25E, 
18P, or 25P'' and fitted with the properly marked valve; and
    (iv) A UN pressure receptacle is marked with ``USA'' as a country 
of approval in conformance with Sec. Sec.  178.69 and 178.70 of this 
subchapter, or ``CAN'' for Canada.
    (3) Importation of cylinders for discharge within a single port 
area. A cylinder manufactured to other than a DOT specification or UN 
standard in accordance with part 178 of this subchapter, or a TC, CTC, 
BTC, or CRC specification cylinder set out in the Transport Canada TDG 
Regulations (IBR, see Sec.  171.7), and certified as being in 
conformance with the transportation regulations of another country may 
be authorized, upon written request to and approval by the Associate 
Administrator, for transportation within a single port area, provided--
    (i) The cylinder is transported in a closed freight container;
    (ii) The cylinder is certified by the importer to provide a level 
of safety at least equivalent to that required by the regulations in 
this subchapter for a comparable DOT, TC, CTC, BTC, or CRC 
specification or UN cylinder; and
    (iii) The cylinder is not refilled for export unless in compliance 
with paragraph (a)(4) of this section.
    (4) Filling of cylinders for export or for use on board a vessel. A 
cylinder not manufactured, inspected, tested and marked in accordance 
with part 178 of this subchapter, or a cylinder manufactured to other 
than a UN standard, DOT specification, exemption or special permit, or 
other than a TC, CTC, BTC, or CRC specification, may be filled with a 
gas in the United States and offered for transportation and transported 
for export or alternatively, for use on board a vessel, if the 
following conditions are met:
    (i) The cylinder has been requalified and marked with the month and 
year of requalification in accordance with subpart C of part 180 of 
this subchapter, or has been requalified as authorized by the Associate 
Administrator;
    (ii) In addition to other requirements of this subchapter, the 
maximum filling density, service pressure, and pressure relief device 
for each cylinder conform to the requirements of this part for the gas 
involved; and

[[Page 15838]]

    (iii) The bill of lading or other shipping paper identifies the 
cylinder and includes the following certification: ``This cylinder has 
(These cylinders have) been qualified, as required, and filled in 
accordance with the DOT requirements for export.''
    (5) Cylinders not equipped with pressure relief devices. A DOT 
specification or a UN cylinder manufactured, inspected, tested and 
marked in accordance with part 178 of this subchapter and otherwise 
conforms to the requirements of part 173 of this subchapter for the gas 
involved, except that the cylinder is not equipped with a pressure 
relief device may be filled with a gas and offered for transportation 
and transported for export if the following conditions are met:
    (i) Each DOT specification cylinder or UN pressure receptacle must 
be plainly and durably marked ``For Export Only'';
    (ii) The shipping paper must carry the following certification: 
``This cylinder has (These cylinders have) been retested and refilled 
in accordance with the DOT requirements for export.''; and
    (iii) The emergency response information provided with the shipment 
and available from the emergency response telephone contact person must 
indicate that the pressure receptacles are not fitted with pressure 
relief devices and provide appropriate guidance for exposure to fire.
* * * * *

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

0
11. 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
12. In Sec.  172.101:
0
a. The Hazardous Materials Table is amended by removing the entries 
under ``[REMOVE]'' and by adding the entries under ``[ADD]'' and 
revising the entries under ``[REVISE]'' in the appropriate alphabetical 
sequence; and
0
b. In appendix B to Sec.  172.101, the List of Marine Pollutants is 
amended by adding five (5) entries in appropriate alphabetical order.
    The additions and revisions read as follows:


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

* * * * *


Sec.  172.101  Hazardous Materials Table

BILLING CODE 4910-60-P

[[Page 15839]]

[GRAPHIC] [TIFF OMITTED] TR30MR17.000


[[Page 15840]]


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[GRAPHIC] [TIFF OMITTED] TR30MR17.031

BILLING CODE 4910-60-C

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

* * * * *

                        List of Marine Pollutants
------------------------------------------------------------------------
               S. M. P. (1)                     Marine pollutant (2)
------------------------------------------------------------------------
 
                                * * * * *
                                            Hypochlorite solutions
 
                                * * * * *
                                            Isoprene, stabilized
 
                                * * * * *
                                            N-Methylaniline
 
                                * * * * *
                                            Methylcyclohexane
 
                                * * * * *
                                            Tripropylene
 
                                * * * * *
------------------------------------------------------------------------


0
13. In Sec.  172.102:
0
a. In paragraph (c)(1):
0
i. Revise special provisions 40, 134, and 135;
0
ii. Add special provisions 157, 181, and 182 in numerical order;
0
iii. Revise special provisions 238 and 369; and
0
iv. Add special provisions, 379, 387, 420, 421 and 422 in numerical 
order.
0
b. In paragraph (c)(2), special provisions A210 and A212 are added in 
numerical order.
0
c. In paragraph (c)(3), special provisions B134 and B135 are added in 
numerical order.
0
d. In paragraph (c)(4), Table 2--IP Codes is revised.
0
e. In paragraph (c)(5), special provision N90 is revised and N92 is 
added in numerical order.
0
f. In paragraph (c)(9), special provisions W31, W32, W40, and W100 are 
added in numerical order.
    The additions and revisions read as follows:


Sec.  172.102  Special Provisions.

* * * * *
    (c) * * *
    (1) * * *
    40 Polyester resin kits consist of two components: A base material 
(either Class 3 or Division 4.1, Packing Group II or III) and an 
activator (organic peroxide), each separately packed in an inner 
packaging. The organic peroxide must be type D, E, or F, not requiring 
temperature control. The components may be placed in the same outer 
packaging provided they will not interact dangerously in the event of 
leakage. The Packing Group assigned will be II or III, according to the 
classification criteria for either Class 3 or Division 4.1, as 
appropriate, applied to the base material. Additionally, unless 
otherwise excepted in this subchapter, polyester resin kits must be 
packaged in specification combination packagings based on the 
performance level of the base material contained within the kit.
* * * * *
    134 This entry only applies to vehicles powered by wet batteries, 
sodium batteries, lithium metal batteries or lithium ion batteries and 
equipment powered by wet batteries or sodium batteries that are 
transported with these batteries installed.
    a. For the purpose of this special provision, vehicles are self-
propelled apparatus designed to carry one or more persons or goods. 
Examples of such vehicles are electrically-powered cars, motorcycles, 
scooters, three- and four-wheeled vehicles or motorcycles, trucks, 
locomotives, bicycles (pedal cycles with an electric motor) and other 
vehicles of this type (e.g. self-balancing vehicles or vehicles not 
equipped with at least one seating position), lawn tractors, self-
propelled farming and construction equipment, boats, aircraft, 
wheelchairs and other mobility aids. This includes vehicles transported 
in a packaging. In this case some parts of the vehicle may be detached 
from its frame to fit into the packaging.
    b. Examples of equipment are lawnmowers, cleaning machines or model 
boats and model aircraft. Equipment powered by lithium metal batteries 
or lithium ion batteries must be consigned under the entries ``Lithium 
metal batteries contained in equipment'' or ``Lithium metal batteries 
packed with equipment'' or ``Lithium ion batteries contained in 
equipment'' or ``Lithium ion batteries packed with equipment'' as 
appropriate.
    c. Self-propelled vehicles or equipment that also contain an 
internal combustion engine must be consigned under the entries 
``Engine, internal combustion, flammable gas powered'' or ``Engine, 
internal combustion, flammable liquid powered'' or ``Vehicle, flammable 
gas powered'' or ``Vehicle, flammable liquid powered,'' as appropriate. 
These entries include hybrid electric vehicles powered by both an 
internal combustion engine and batteries. Additionally, self-propelled 
vehicles or equipment that contain a fuel cell engine must be consigned 
under the entries ``Engine, fuel cell, flammable gas powered'' or 
``Engine, fuel cell, flammable liquid powered'' or ``Vehicle, fuel 
cell, flammable gas

[[Page 15871]]

powered'' or ``Vehicle, fuel cell, flammable liquid powered,'' as 
appropriate. These entries include hybrid electric vehicles powered by 
a fuel cell engine, an internal combustion engine, and batteries.
    135 Internal combustion engines installed in a vehicle must be 
consigned under the entries ``Vehicle, flammable gas powered'' or 
``Vehicle, flammable liquid powered,'' as appropriate. If a vehicle is 
powered by a flammable liquid and a flammable gas internal combustion 
engine, it must be consigned under the entry ``Vehicle, flammable gas 
powered.'' These entries include hybrid electric vehicles powered by 
both an internal combustion engine and wet, sodium or lithium batteries 
installed. If a fuel cell engine is installed in a vehicle, the vehicle 
must be consigned using the entries ``Vehicle, fuel cell, flammable gas 
powered'' or ``Vehicle, fuel cell, flammable liquid powered,'' as 
appropriate. These entries include hybrid electric vehicles powered by 
a fuel cell, an internal combustion engine, and wet, sodium or lithium 
batteries installed. For the purpose of this special provision, 
vehicles are self-propelled apparatus designed to carry one or more 
persons or goods. Examples of such vehicles are cars, motorcycles, 
trucks, locomotives, scooters, three- and four-wheeled vehicles or 
motorcycles, lawn tractors, self-propelled farming and construction 
equipment, boats and aircraft.
* * * * *
    157 When transported as a limited quantity or a consumer commodity, 
the maximum net capacity specified in Sec.  173.151(b)(1)(i) of this 
subchapter for inner packagings may be increased to 5 kg (11 pounds).
* * * * *
    181 When a package contains a combination of lithium batteries 
contained in equipment and lithium batteries packed with equipment, the 
following requirements apply:
    a. The shipper must ensure that all applicable requirements of 
Sec.  173.185 of this subchapter are met. The total mass of lithium 
batteries contained in any package must not exceed the quantity limits 
in columns (9A) and (9B) for passenger aircraft or cargo aircraft, as 
applicable;
    b. Except as provided in Sec.  173.185(c)(3) of this subchapter, 
the package must be marked ``UN 3091 Lithium metal batteries packed 
with equipment'', or ``UN 3481 Lithium ion batteries packed with 
equipment,'' as appropriate. If a package contains both lithium metal 
batteries and lithium ion batteries packed with and contained in 
equipment, the package must be marked as required for both battery 
types. However, button cell batteries installed in equipment (including 
circuit boards) need not be considered; and
    c. The shipping paper must indicate ``UN 3091 Lithium metal 
batteries packed with equipment'' or ``UN 3481 Lithium ion batteries 
packed with equipment,'' as appropriate. If a package contains both 
lithium metal batteries and lithium ion batteries packed with and 
contained in equipment, then the shipping paper must indicate both ``UN 
3091 Lithium metal batteries packed with equipment'' and ``UN 3481 
Lithium ion batteries packed with equipment.''
    182 Equipment containing only lithium batteries must be classified 
as either UN 3091 or UN 3481.
* * * * *
    238 Neutron radiation detectors: a. Neutron radiation detectors 
containing non-pressurized boron trifluoride gas in excess of 1 gram 
(0.035 ounces) and radiation detection systems containing such neutron 
radiation detectors as components may be transported by highway, rail, 
vessel, or cargo aircraft in accordance with the following:
    a. Each radiation detector must meet the following conditions:
    (1) The pressure in each neutron radiation detector must not exceed 
105 kPa absolute at 20 [deg]C (68[emsp14][deg]F);
    (2) The amount of gas must not exceed 13 grams (0.45 ounces) per 
detector; and
    (3) Each neutron radiation detector must be of welded metal 
construction with brazed metal to ceramic feed through assemblies. 
These detectors must have a minimum burst pressure of 1800 kPa as 
demonstrated by design type qualification testing; and
    (4) Each detector must be tested to a 1 x 10-10 cm\3\/s 
leaktightness standard before filling.
    b. Radiation detectors transported as individual components must be 
transported as follows:
    (1) They must be packed in a sealed intermediate plastic liner with 
sufficient absorbent or adsorbent material to absorb or adsorb the 
entire gas contents.
    (2) They must be packed in strong outer packagings and the 
completed package must be capable of withstanding a 1.8 meter (5.9 
feet) drop without leakage of gas contents from detectors.
    (3) The total amount of gas from all detectors per outer packaging 
must not exceed 52 grams (1.83 ounces).
    c. Completed neutron radiation detection systems containing 
detectors meeting the conditions of paragraph a(1) of this special 
provision must be transported as follows:
    (1) The detectors must be contained in a strong sealed outer 
casing;
    (2) The casing must contain include sufficient absorbent or 
adsorbent material to absorb or adsorb the entire gas contents;
    (3) The completed system must be packed in strong outer packagings 
capable of withstanding a 1.8 meter (5.9 feet) drop test without 
leakage unless a system's outer casing affords equivalent protection.
    d. Except for transportation by aircraft, neutron radiation 
detectors and radiation detection systems containing such detectors 
transported in accordance with paragraph a. of this special provision 
are not subject to the labeling and placarding requirements of part 172 
of this subchapter.
    e. When transported by highway, rail, vessel, or as cargo on an 
aircraft, neutron radiation detectors containing not more than 1 gram 
of boron trifluoride, including those with solder glass joints are not 
subject to any other requirements of this subchapter provided they meet 
the requirements in paragraph a(1) of this special provision and are 
packed in accordance with paragraph a(2) of this special provision. 
Radiation detection systems containing such detectors are not subject 
to any other requirements of this subchapter provided they are packed 
in accordance with paragraph a(3) of this special provision.
* * * * *
    369 In accordance with Sec.  173.2a of this subchapter, this 
radioactive material in an excepted package possessing corrosive 
properties is classified in Division 6.1 with a radioactive material 
and corrosive subsidiary risk. Uranium hexafluoride may be classified 
under this entry only if the conditions of Sec. Sec.  173.420(a)(4) and 
(6) and (d) and 173.421(b) and (d) of this subchapter, and, for 
fissile-excepted material, the conditions of Sec.  173.453 of this 
subchapter are met. In addition to the provisions applicable to the 
transport of Division 6.1 substances, the provisions of Sec. Sec.  
173.421(c) and 173.443(a) of this subchapter apply. In addition, 
packages shall be legibly and durably marked with an identification of 
the consignor, the consignee, or both. No Class 7 label is required to 
be displayed. The consignor shall be in possession of a copy of each 
applicable certificate when packages include fissile material excepted 
by competent authority approval. When a consignment is undeliverable, 
the

[[Page 15872]]

consignment shall be placed in a safe location and the appropriate 
competent authority shall be informed as soon as possible and a request 
made for instructions on further action. If it is evident that a 
package of radioactive material, or conveyance carrying unpackaged 
radioactive material, is leaking, or if it is suspected that the 
package, or conveyance carrying unpackaged material, may have leaked, 
the requirements of Sec.  173.443(e) of this subchapter apply.
* * * * *
    379 When offered for transport by highway, rail, or cargo vessel, 
anhydrous ammonia adsorbed or absorbed on a solid contained in ammonia 
dispensing systems or receptacles intended to form part of such systems 
is not subject to the requirements of this subchapter if the following 
conditions in this provision are met. In addition to meeting the 
conditions in this provision, transport on cargo aircraft only may be 
authorized with prior approval of the Associate Administrator.
    a. The adsorption or absorption presents the following properties:
    (1) The pressure at a temperature of 20 [deg]C (68[emsp14][deg]F) 
in the receptacle is less than 0.6 bar (60 kPa);
    (2) The pressure at a temperature of 35 [deg]C (95[emsp14][deg]F) 
in the receptacle is less than 1 bar (100 kPa);
    (3) The pressure at a temperature of 85 [deg]C (185[emsp14][deg]F) 
in the receptacle is less than 12 bar (1200 kPa).
    b. The adsorbent or absorbent material shall not meet the 
definition or criteria for inclusion in Classes 1 to 8;
    c. The maximum contents of a receptacle shall be 10 kg of ammonia; 
and
    d. Receptacles containing adsorbed or absorbed ammonia shall meet 
the following conditions:
    (1) Receptacles shall be made of a material compatible with ammonia 
as specified in ISO 11114-1:2012 (IBR, see Sec.  171.7 of this 
subchapter);
    (2) Receptacles and their means of closure shall be hermetically 
sealed and able to contain the generated ammonia;
    (3) Each receptacle shall be able to withstand the pressure 
generated at 85 [deg]C (185[emsp14][deg]F) with a volumetric expansion 
no greater than 0.1%;
    (4) Each receptacle shall be fitted with a device that allows for 
gas evacuation once pressure exceeds 15 bar (1500 kPa) without violent 
rupture, explosion or projection; and
    (5) Each receptacle shall be able to withstand a pressure of 20 bar 
(2000 kPa) without leakage when the pressure relief device is 
deactivated.
    e. When offered for transport in an ammonia dispenser, the 
receptacles shall be connected to the dispenser in such a way that the 
assembly is guaranteed to have the same strength as a single 
receptacle.
    f. The properties of mechanical strength mentioned in this special 
provision shall be tested using a prototype of a receptacle and/or 
dispenser filled to nominal capacity, by increasing the temperature 
until the specified pressures are reached.
    g. The test results shall be documented, shall be traceable, and 
shall be made available to a representative of the Department upon 
request.
* * * * *
    387 When materials are stabilized by temperature control, the 
provisions of Sec.  173.21(f) of this subchapter apply. When chemical 
stabilization is employed, the person offering the material for 
transport shall ensure that the level of stabilization is sufficient to 
prevent the material as packaged from dangerous polymerization at 50 
[deg]C (122[emsp14][deg]F). If chemical stabilization becomes 
ineffective at lower temperatures within the anticipated duration of 
transport, temperature control is required and is forbidden by 
aircraft. In making this determination factors to be taken into 
consideration include, but are not limited to, the capacity and 
geometry of the packaging and the effect of any insulation present, the 
temperature of the material when offered for transport, the duration of 
the journey, and the ambient temperature conditions typically 
encountered in the journey (considering also the season of year), the 
effectiveness and other properties of the stabilizer employed, 
applicable operational controls imposed by regulation (e.g. 
requirements to protect from sources of heat, including other cargo 
carried at a temperature above ambient) and any other relevant factors. 
The provisions of this special provision will be effective until 
January 2, 2019, unless we terminate them earlier or extend them beyond 
that date by notice of a final rule in the Federal Register.
    420 This entry does not apply to manufactured articles (such as 
table tennis balls).
    421 This entry will no longer be effective on January 2, 2019 
unless we terminate it earlier or extend it beyond that date by notice 
of a final rule in the Federal Register.
    422 When labelling is required, the label to be used must be the 
label shown in Sec.  172.447. Labels conforming to requirements in 
place on December 31, 2016 may continue to be used until December 31, 
2018. When a placard is displayed, the placard must be the placard 
shown in Sec.  172.560.
    (2) * * *
    A210 This substance is forbidden for transport by air. It may be 
transported on cargo aircraft only with the prior approval of the 
Associate Administrator.
    A212 ``UN 2031, Nitric acid, other than red fuming, with more than 
20% and less than 65% nitric acid'' intended for use in sterilization 
devices only, may be transported on passenger aircraft irrespective of 
the indication of ``forbidden'' in columns (9A) of the Sec.  172.101 
table provided that:
    a. Each inner packaging contains not more than 30 mL;
    b. Each inner packaging is contained in a sealed leak-proof 
intermediate packaging with sufficient absorbent material capable of 
containing the contents of the inner packaging;
    c. Intermediate packagings are securely packed in an outer 
packaging of a type permitted by Sec.  173.158(g) of this subchapter 
which meet the requirements of part 178 of this subchapter at the 
Packing Group I performance level;
    d. The maximum quantity of nitric acid in the package does not 
exceed 300 mL; and
    e. Transport in accordance with this special provision must be 
noted on the shipping paper.
    (3) * * *
    B134 For Large Packagings offered for transport by vessel, flexible 
or fibre inner packagings shall be sift-proof and water-resistant or 
shall be fitted with a sift-proof and water-resistant liner.
    B135 For Large Packagings offered for transport by vessel, flexible 
or fibre inner packagings shall be hermetically sealed.
    (4) * * *

[[Page 15873]]



                            Table 2--IP Codes
------------------------------------------------------------------------
           IP code
------------------------------------------------------------------------
IP1..........................  IBCs must be packed in closed freight
                                containers or a closed transport
                                vehicle.
IP2..........................  When IBCs other than metal or rigid
                                plastics IBCs are used, they must be
                                offered for transportation in a closed
                                freight container or a closed transport
                                vehicle.
IP3..........................  Flexible IBCs must be sift-proof and
                                water-resistant or must be fitted with a
                                sift-proof and water-resistant liner.
IP4..........................  Flexible, fiberboard or wooden IBCs must
                                be sift-proof and water-resistant or be
                                fitted with a sift-proof and water-
                                resistant liner.
IP5..........................  IBCs must have a device to allow venting.
                                The inlet to the venting device must be
                                located in the vapor space of the IBC
                                under maximum filling conditions.
IP6..........................  Non-specification bulk bins are
                                authorized.
IP7..........................  For UN identification numbers 1327, 1363,
                                1364, 1365, 1386, 1841, 2211, 2217, 2793
                                and 3314, IBCs are not required to meet
                                the IBC performance tests specified in
                                part 178, subpart N, of this subchapter.
IP8..........................  Ammonia solutions may be transported in
                                rigid or composite plastic IBCs (31H1,
                                31H2 and 31HZ1) that have successfully
                                passed, without leakage or permanent
                                deformation, the hydrostatic test
                                specified in Sec.   178.814 of this
                                subchapter at a test pressure that is
                                not less than 1.5 times the vapor
                                pressure of the contents at 55 [deg]C
                                (131 [deg]F).
IP13.........................  Transportation by vessel in IBCs is
                                prohibited.
IP14.........................  Air must be eliminated from the vapor
                                space by nitrogen or other means.
IP15.........................  For UN2031 with more than 55% nitric
                                acid, rigid plastic IBCs and composite
                                IBCs with a rigid plastic inner
                                receptacle are authorized for two years
                                from the date of IBC manufacture.
IP16.........................  IBCs of type 31A and 31N are only
                                authorized if approved by the Associate
                                Administrator.
IP19.........................  For UN identification numbers 3531, 3532,
                                3533, and 3534, IBCs must be designed
                                and constructed to permit the release of
                                gas or vapor to prevent a build-up of
                                pressure that could rupture the IBCs in
                                the event of loss of stabilization.
IP20.........................  Dry sodium cyanide or potassium cyanide
                                is also permitted in siftproof, water-
                                resistant, fiberboard IBCs when
                                transported in closed freight containers
                                or transport vehicles.
IP21.........................  When transported by vessel, flexible,
                                fiberboard or wooden IBCs must be sift-
                                proof and water-resistant or be fitted
                                with a sift-proof and water-resistant
                                liner.
------------------------------------------------------------------------

* * * * *
    (5) * * *
    N90 Metal packagings are not authorized. Packagings of other 
material with a small amount of metal, for example metal closures or 
other metal fittings such as those mentioned in part 178 of this 
subchapter, are not considered metal packagings. Packagings of other 
material constructed with a small amount of metal must be designed such 
that the hazardous material does not contact the metal.
* * * * *
    N92 Notwithstanding the provisions of Sec.  173.24(g) of this 
subchapter, packagings shall be designed and constructed to permit the 
release of gas or vapor to prevent a build-up of pressure that could 
rupture the packagings in the event of loss of stabilization.
* * * * *
    (9) * * *
    W31 Non-bulk packagings must be hermetically sealed.
    W32 Non-bulk packagings shall be hermetically sealed, except for 
solid fused material.
    W40 Non-bulk bags are not allowed.
* * * * *
    W100 Non-bulk flexible, fibreboard or wooden packagings must be 
sift-proof and water-resistant or must be fitted with a sift-proof and 
water-resistant liner.

0
14. Section 172.202(a)(6)(viii) is added to read as follows:


Sec.  172.202  Description of hazardous material on shipping papers.

    (a) * * *
    (6) * * *
    (viii) For authorized consumer commodities, the information 
provided may be either the gross mass of each package or the average 
gross mass of the packages.
* * * * *

0
15. In Sec.  172.407, paragraphs (c)(1)(i) and (iii) are revised to 
read as follows:


Sec.  172.407  Label specifications.

* * * * *
    (c) * * *
    (1) * * *
    (i) If the size of the package so requires, the dimensions of the 
label and its features may be reduced proportionally provided the 
symbol and other elements of the label remain clearly visible.
* * * * *
    (iii) Transitional exception. For domestic transportation, a label 
in conformance with the requirements of 49 CFR 172.407(c)(1) (revised 
as of October 1, 2014), may continue to be used until December 31, 
2018.
* * * * *

0
16. Section 172.447 is added to read as follows:


Sec.  172.447  LITHIUM BATTERY label.

    (a) Except for size and color, the LITHIUM BATTERY label must be as 
follows:
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BILLING CODE 4910-60-C

    (b) In addition to complying with Sec.  172.407, the background on 
the LITHIUM BATTERY label must be white with seven black vertical 
stripes on the top half. The black vertical stripes must be spaced, so 
that, visually, they appear equal in width to the six white spaces 
between them. The lower half of the label must be white with the symbol 
(battery group, one broken and emitting flame) and class number ``9'' 
underlined and centered at the bottom in black.
    (c) Labels conforming to requirements in place on December 31, 2016 
may continue to be used until December 31, 2018.

0
17. In Sec.  172.505, paragraph (b) is revised to read as follows:


Sec.  172.505  Placarding for subsidiary hazards.

* * * * *
    (b) In addition to the RADIOACTIVE placard which may be required by 
Sec.  172.504(e), each transport vehicle, portable tank or freight 
container that contains 454 kg (1,001 pounds) or more gross weight of 
non-fissile, fissile-excepted, or fissile uranium hexafluoride must be 
placarded with a CORROSIVE placard and a POISON placard on each side 
and each end.
* * * * *

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

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

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

0
19. In Sec.  173.4a, paragraph (e)(3) is revised to read as follows:


Sec.  173.4a  Excepted quantities.

* * * * *
    (e) * * *
    (3) Each inner packaging must be securely packed in an intermediate 
packaging with cushioning material in such a way that, under normal 
conditions of transport, it cannot break, be punctured or leak its 
contents. The completed package as prepared for transport must 
completely contain the contents in case of breakage or leakage, 
regardless of package orientation. For liquid hazardous materials, the 
intermediate or outer packaging must contain sufficient absorbent 
material that:
    (i) Will absorb the entire contents of the inner packaging.
    (ii) Will not react dangerously with the material or reduce the 
integrity or function of the packaging materials.
    (iii) When placed in the intermediate packaging, the absorbent 
material may be the cushioning material.
* * * * *

0
20. In Sec.  173.9, paragraph (e) is revised to read as follows:


Sec.  173.9  Transport vehicles or freight containers containing lading 
which has been fumigated.

* * * * *
    (e) FUMIGANT marking. (1) The FUMIGANT marking must consist of 
black letters on a white background that is a rectangle at least 400 mm 
(15.75 inches) wide and at least 300 mm (11.8 inches) high as measured 
to the outside of the lines forming the border of the marking. The 
minimum width of the line forming the border must be 2 mm and the text 
on the marking must not be less than 25 mm high. Except for size and 
color, the FUMIGANT marking must be as shown in the following figure. 
Where dimensions are not specified, all features shall be in 
approximate proportion to those shown.
    (i) The marking, and all required information, must be capable of 
withstanding, without deterioration or a substantial reduction in 
effectiveness, a 30-day exposure to open weather conditions.
    (ii) [Reserved]
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[[Page 15875]]

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BILLING CODE 4910-60-C

    (2) The ``*'' shall be replaced with the technical name of the 
fumigant.
* * * * *

0
21. In Sec.  173.21, paragraphs (f) introductory text and (f)(1) are 
revised to read as follows:


Sec.  173.21  Forbidden materials and packages.

* * * * *
    (f) A package containing a material which is likely to decompose 
with a self-accelerated decomposition temperature (SADT) or polymerize 
with a self-accelerated polymerization temperature (SAPT) of 50 [deg]C 
(122[emsp14][deg]F) or less, with an evolution of a dangerous quantity 
of heat or gas when decomposing or polymerizing, unless the material is 
stabilized or inhibited in a manner to preclude such evolution. The 
SADT and SAPT may be determined by any of the test methods described in 
Part II of the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of 
this subchapter).
    (1) A package meeting the criteria of paragraph (f) of this section 
may be required to be shipped under controlled temperature conditions. 
The control temperature and emergency temperature for a package shall 
be as specified in the table in this paragraph (f)(1) based upon the 
SADT or SAPT of the material. The control temperature is the 
temperature above which a package of the material may not be offered 
for transportation or transported. The emergency temperature is the 
temperature at which, due to imminent danger, emergency measures must 
be initiated.

  Sec.   173.21 Table--Derivation of Control and Emergency Temperature
------------------------------------------------------------------------
                                        Control            Emergency
          SADT/SAPT \1\              temperatures         temperature
------------------------------------------------------------------------
SADT/SAPT <=20 [deg]C (68         20 [deg]C (36       10 [deg]C (18
 [deg]F).                          [deg]F) below       [deg]F) below
                                   SADT/SAPT.          SADT/SAPT.
20 [deg]C (68 [deg]F) SADT/SAPT   15 [deg]C (27       10 [deg]C (18
 <=35 [deg]C (95 [deg]F).          [deg]F) below       [deg]F) below
                                   SADT/SAPT.          SADT/SAPT.
35 [deg]C (95 [deg]F) SADT/SAPT   10 [deg]C (18       5 [deg]C (9
 <=50 [deg]C (122 [deg]F).         [deg]F) below       [deg]F) below
                                   SADT/SAPT.          SADT/SAPT.

[[Page 15876]]

 
50 [deg]C (122 [deg]F) SADT/SAPT  (\2\).............  (\2\)
------------------------------------------------------------------------
\1\ Self-accelerating decomposition temperature or Self-accelerating
  polymerization temperature.
\2\ Temperature control not required.

    (i) The provisions concerning polymerizing substances in paragraph 
(f) will be effective until January 2, 2019.
    (ii) [Reserved]
* * * * *

0
22. Effective January 2, 2019, in Sec.  173.21, paragraphs (f) 
introductory text and (f)(1) are revised to read as follows:


Sec.  173.21  Forbidden materials and packages.

* * * * *
    (f) A package containing a material which is likely to decompose 
with a self-accelerated decomposition temperature (SADT) of 50 [deg]C 
(122[emsp14][deg]F) or less, or polymerize at a temperature of 54 
[deg]C (130[emsp14][deg]F) or less with an evolution of a dangerous 
quantity of heat or gas when decomposing or polymerizing, unless the 
material is stabilized or inhibited in a manner to preclude such 
evolution. The SADT may be determined by any of the test methods 
described in Part II of the UN Manual of Tests and Criteria (IBR, see 
Sec.  171.7 of this subchapter).
    (1) A package meeting the criteria of paragraph (f) of this section 
may be required to be shipped under controlled temperature conditions. 
The control temperature and emergency temperature for a package shall 
be as specified in the table in this paragraph based upon the SADT of 
the material. The control temperature is the temperature above which a 
package of the material may not be offered for transportation or 
transported. The emergency temperature is the temperature at which, due 
to imminent danger, emergency measures must be initiated.

    Sec.   173.21 Table--Method of Determining Control and Emergency
                               Temperature
------------------------------------------------------------------------
                                        Control            Emergency
            SADT \1\                 temperatures         temperature
------------------------------------------------------------------------
SADT <=20 [deg]C (68 [deg]F)....  20 [deg]C (36       10 [deg]C (18
                                   [deg]F) below       [deg]F) below
                                   SADT.               SADT.
20 [deg]C (68 [deg]F) SADT <=35   15 [deg]C (27       10 [deg]C (18
 [deg]C (95 [deg]F).               [deg]F) below       [deg]F) below
                                   SADT.               SADT.
35 [deg]C (95 [deg]F) SADT <=50   10 [deg]C (18       5 [deg]C (9
 [deg]C (122 [deg]F).              [deg]F) below       [deg]F) below
                                   SADT.               SADT.
50 [deg]C (122 [deg]F) SADT.....  (\2\).............  (\2\)
------------------------------------------------------------------------
\1\ Self-accelerating decomposition temperature.
\2\ Temperature control not required.

* * * * *

0
23. In Sec.  173.40, paragraph (a)(1) is revised to read as follows:


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

* * * * *
    (a) * * *
    (1) A cylinder must conform to a DOT specification or UN standard 
prescribed in subpart C of part 178 of this subchapter, or a TC, CTC, 
CRC, or BTC cylinder authorized in Sec.  171.12 of this subchapter, 
except that acetylene cylinders and non-refillable cylinders are not 
authorized. The use of UN tubes and MEGCs is prohibited for Hazard Zone 
A materials.
* * * * *

0
24. In Sec.  173.50, paragraph (b)(6) is revised to read as follows:


Sec.  173.50  Class 1--Definitions.

* * * * *
    (b) * * *
    (6) Division 1.6 \2\ consists of extremely insensitive articles 
that do not have a mass explosion hazard. This division is comprised of 
articles which predominately contain extremely insensitive substances 
and that demonstrate a negligible probability of accidental initiation 
or propagation.
    \2\ The risk from articles of Division 1.6 is limited to the 
explosion of a single article.

0
25. In Sec.  173.52, in paragraph (b), in Table 1, remove the entry 
``Articles containing only extremely insensitive substances'' and add 
the entry ``Articles predominantly containing extremely insensitive 
substances'' in its place to read as follows:


Sec.  173.52  Classification codes and compatibility groups of 
explosives.

    (b) * * *

                      Table 1--Classification Codes
------------------------------------------------------------------------
 Description of substances or article    Compatibility    Classification
           to be classified                  group             code
------------------------------------------------------------------------
 
                              * * * * * * *
Articles predominantly containing                    N             1.6N
 extremely insensitive substances.....
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
26. In Sec.  173.62:
0
a. In paragraph (b), in the Explosives Table, the entry for UN0510 is 
added after UN0509; and
0
b. In paragraph (c), in the Table of Packing Methods, Packing 
Instructions 112(c), 114(b), 130, and 137 are revised.

[[Page 15877]]

    The addition and revisions read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (b) * * *

                            Explosives Table
------------------------------------------------------------------------
                          ID #                                  PI
------------------------------------------------------------------------
 
                                * * * * *
UN0510.................................................             130
 
                                * * * * *
------------------------------------------------------------------------

    (c) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
         Packing instruction               Inner packagings     Intermediate packagings      Outer packagings
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
112(c) This packing instruction        Bags...................  Bags...................  Boxes.
 applies to solid dry powders.
PARTICULAR PACKING REQUIREMENTS OR
 EXCEPTIONS:
    1. For UN 0004, 0076, 0078, 0154,  paper, multiwall, water  paper, multiwall, water  steel (4A). aluminum
     0216, 0219 and 0386, packagings    resistant plastics,      resistant with inner     (4B). other metal
     must be lead free.                 woven plastics,          lining, plastics,        (4N). natural wood,
    2. For UN0209, bags, sift-proof     Receptacles,             Receptacles, metal,      ordinary (4C1).
     (5H2) are recommended for flake    fiberboard, metal,       plastics, wood.          natural wood, sift
     or prilled TNT in the dry state.   plastics, wood.                                   proof (4C2). plywood
     Bags must not exceed a maximum                                                       (4D). reconstituted
     net mass of 30 kg..                                                                  wood (4F). fiberboard
    3. Inner packagings are not                                                           (4G). plastics, solid
     required if drums are used as                                                        (4H2). Drums. plastics
     the outer packaging..                                                                (1H1 or 1H2). steel
                                                                                          (1A1 or 1A2). aluminum
                                                                                          (1B1 or 1B2). other
                                                                                          metal (1N1 or 1N2).
                                                                                          plywood (1D). fiber
                                                                                          (1G).
    4. At least one of the packagings
     must be sift-proof.
    5. For UN 0504, metal packagings
     must not be used. Packagings of
     other material with a small
     amount of metal, for example
     metal closures or other metal
     fittings such as those mentioned
     in part 178 of this subchapter,
     are not considered metal
     packagings.
 
                                                  * * * * * * *
114(b)...............................  Bags...................  Not necessary..........  Boxes.
PARTICULAR PACKING REQUIREMENTS OR
 EXCEPTIONS:
    1. For UN Nos. 0077, 0132, 0234,   paper, kraft, plastics,  .......................  natural wood, ordinary
     0235 and 0236, packagings must     textile, sift-proof,                              (4C1). natural wood,
     be lead free.                      woven plastics, sift-                             sift-proof walls
    2. For UN0160 and UN0161, when      proof, Receptacles,                               (4C2). plywood (4D).
     metal drums (1A2, 1B2 or 1N2)      fiberboard, metal,                                reconstituted wood
     are used as the outer packaging,   paper, plastics, wood,                            (4F). fiberboard (4G).
     metal packagings must be so        plastics, sift-proof.                             Drums. steel (1A1 or
     constructed that the risk of                                                         1A2). aluminum (1B1 or
     explosion, by reason of                                                              1B2). other metal (1N1
     increased internal pressure from                                                     or 1N2). plywood (1D).
     internal or external causes, is                                                      fiber (1G). plastics
     prevented..                                                                          (1H1 or 1H2).
    3. For UN0160, UN0161, and
     UN0508, inner packagings are not
     necessary if drums are used as
     the outer packaging.
    4. For UN0508 and UN0509, metal
     packagings must not be used.
     Packagings of other material
     with a small amount of metal,
     for example metal closures or
     other metal fittings such as
     those mentioned in part 178 of
     this subchapter, are not
     considered metal packagings.
 
                                                  * * * * * * *
130..................................  Not necessary..........  Not necessary..........  Boxes.
Particular Packaging Requirements:

[[Page 15878]]

 
    1. The following applies to UN     .......................  .......................  Steel (4A). Aluminum
     0006, 0009, 0010, 0015, 0016,                                                        (4B). Other metal
     0018, 0019, 0034, 0035, 0038,                                                        (4N). Wood natural,
     0039, 0048, 0056, 0137, 0138,                                                        ordinary (4C1). Wood
     0168, 0169, 0171, 0181, 0182,                                                        natural, sift-proof
     0183, 0186, 0221, 0238, 0243,                                                        walls 4C2). Plywood
     0244, 0245, 0246, 0254, 0280,                                                        (4D). Reconstituted
     0281, 0286, 0287, 0297, 0299,                                                        wood (4F). Fiberboard
     0300, 0301, 0303, 0321, 0328,                                                        (4G). Plastics,
     0329, 0344, 0345, 0346, 0347,                                                        expanded (4H1).
     0362, 0363, 0370, 0412, 0424,                                                        Plastics, solid (4H2).
     0425, 0434, 0435, 0436, 0437,                                                        Drums. Steel (1A1 or
     0438, 0451, 0459, 0488, 0502 and                                                     1A2). Aluminum (1B1 or
     0510. Large and robust                                                               1B2). Other metal (1N1
     explosives articles, normally                                                        or 1N2). Plywood (1D).
     intended for military use,                                                           Fiber (1G). Plastics
     without their means of                                                               (1H1 or 1H2). Large
     initiation or with their means                                                       Packagings. Steel
     of initiation containing at                                                          (50A). Aluminum (50B).
     least two effective protective                                                       Metal other than steel
     features, may be carried                                                             or aluminum (50N).
     unpackaged. When such articles                                                       Rigid lastics (50H).
     have propelling charges or are                                                       Natural wood (50C).
     self-propelled, their ignition                                                       Plywood (50D).
     systems must be protected                                                            Reconstituted wood
     against stimuli encountered                                                          (50F). Rigid
     during normal conditions of                                                          fiberboard (50G).
     transport. A negative result in
     Test Series 4 on an unpackaged
     article indicates that the
     article can be considered for
     transport unpackaged. Such
     unpackaged articles may be fixed
     to cradles or contained in
     crates or other suitable
     handling devices.
    2. Subject to approval by the
     Associate Administrator, large
     explosive articles, as part of
     their operational safety and
     suitability tests, subjected to
     testing that meets the
     intentions of Test Series 4 of
     the UN Manual of Tests and
     Criteria with successful test
     results, may be offered for
     transportation in accordance
     with the requirements of this
     subchapter.
 
                                                  * * * * * * *
137..................................  Bags...................  Not necessary..........  Boxes.
PARTICULAR PACKING REQUIREMENTS OR
 EXCEPTIONS:
    For UN 0059, 0439, 0440 and 0441,  plastics, Boxes,         .......................  steel (4A). aluminum
     when the shaped charges are        fiberboard, wood,                                 (4B). other metal
     packed singly, the conical         Tubes, fiberboard,                                (4N). wood, natural,
     cavity must face downwards and     metal, plastics,                                  ordinary (4C1). wood,
     the package marked with            Dividing partitions in                            natural, sift proof
     orientation markings meeting the   the outer packagings.                             walls (4C2). plastics,
     requirements of Sec.                                                                 solid (4H2). plywood
     172.312(a)(2) of this                                                                (4D). reconstituted
     subchapter. When the shaped                                                          wood (4F). fiberboard
     charges are packed in pairs, the                                                     (4G). Drums. steel
     conical cavities must face                                                           (1A1 or 1A2).aluminum
     inwards to minimize the jetting                                                      (1B1 or 1B2). other
     effect in the event of                                                               metal (1N1 or 1N2).
     accidental initiation.                                                               plywood (1D). fiber
                                                                                          (1G). plastics (1H1 or
                                                                                          1H2).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
27. In Sec.  173.121, paragraph (b)(1)(iv) is revised to read as 
follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (iv) The viscosity \1\ and flash point are in accordance with the 
following table:
---------------------------------------------------------------------------

    \1\ Viscosity determination: Where the substance concerned is 
non-Newtonian, or where a flow-cup method of viscosity determination 
is otherwise unsuitable, a variable shear-rate viscometer shall be 
used to determine the dynamic viscosity coefficient of the 
substance, at 23 [deg]C (73.4[emsp14][deg]F), at a number of shear 
rates. The values obtained are plotted against shear rate and then 
extrapolated to zero shear rate. The dynamic viscosity thus 
obtained, divided by the density, gives the apparent kinematic 
viscosity at near-zero shear rate.

----------------------------------------------------------------------------------------------------------------
 Kinematic viscosity  (extrapolated)  n
 (at near-zero  shear rate) mm2/s  at 23    Flow-time t in  seconds    Jet diameter        Flash point c.c.
          [deg]C (73.4 [deg]F)                                             in mm
----------------------------------------------------------------------------------------------------------------
20 < [nu] <= 80.........................  20 < t <= 60..............               4  above 17 [deg]C (62.6
                                                                                       [deg]F).
80 < n <= 135...........................  60 < t <= 100.............               4  above 10 [deg]C (50
                                                                                       [deg]F).
135 < n <= 220..........................  20 < t <= 32..............               6  above 5 [deg]C (41
                                                                                       [deg]F).
220 < n <= 300..........................  32 < t <= 44..............               6  above -1 [deg]C (31.2
                                                                                       [deg]F).
300 < n <= 700..........................  44 < t <= 100.............               6  above -5 [deg]C (23
                                                                                       [deg]F).
700 < n.................................  100 < t...................               6  No limit.
----------------------------------------------------------------------------------------------------------------


[[Page 15879]]

* * * * *

0
28. Section 173.124 is revised to read as follows:


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

    (a) Division 4.1 (Flammable Solid). For the purposes of this 
subchapter, flammable solid (Division 4.1) means any of the following 
four types of materials:
    (1) Desensitized explosives that--
    (i) When dry are Explosives of Class 1 other than those of 
compatibility group A, which are wetted with sufficient water, alcohol, 
or plasticizer to suppress explosive properties; and
    (ii) Are specifically authorized by name either in the Hazardous 
Materials Table in Sec.  172.101 of this subchapter or have been 
assigned a shipping name and hazard class by the Associate 
Administrator under the provisions of--
    (A) A special permit issued under subchapter A of this chapter; or
    (B) An approval issued under Sec.  173.56(i).
    (2)(i) Self-reactive materials that are thermally unstable and can 
undergo an exothermic decomposition even without participation of 
oxygen (air). A material is excluded from this definition if any of the 
following applies:
    (A) The material meets the definition of an explosive as prescribed 
in subpart C of this part, in which case it must be classed as an 
explosive;
    (B) The material is forbidden from being offered for transportation 
according to Sec.  172.101 of this subchapter or Sec.  173.21;
    (C) The material meets the definition of an oxidizer or organic 
peroxide as prescribed in this subpart, in which case it must be so 
classed;
    (D) The material meets one of the following conditions:
    (1) Its heat of decomposition is less than 300 J/g; or
    (2) Its self-accelerating decomposition temperature (SADT) is 
greater than 75 [deg]C (167[emsp14][deg]F) for a 50 kg package; or
    (3) It is an oxidizing substance in Division 5.1 containing less 
than 5.0% combustible organic substances; or
    (E) The Associate Administrator has determined that the material 
does not present a hazard which is associated with a Division 4.1 
material.
    (ii) Generic types. Division 4.1 self-reactive materials are 
assigned to a generic system consisting of seven types. A self-reactive 
substance identified by technical name in the Self-Reactive Materials 
Table in Sec.  173.224 is assigned to a generic type in accordance with 
that table. Self-reactive materials not identified in the Self-Reactive 
Materials Table in Sec.  173.224 are assigned to generic types under 
the procedures of paragraph (a)(2)(iii) of this section.
    (A) Type A. Self-reactive material type A is a self-reactive 
material which, as packaged for transportation, can detonate or 
deflagrate rapidly. Transportation of type A self-reactive material is 
forbidden.
    (B) Type B. Self-reactive material type B is a self-reactive 
material which, as packaged for transportation, neither detonates nor 
deflagrates rapidly, but is liable to undergo a thermal explosion in a 
package.
    (C) Type C. Self-reactive material type C is a self-reactive 
material which, as packaged for transportation, neither detonates nor 
deflagrates rapidly and cannot undergo a thermal explosion.
    (D) Type D. Self-reactive material type D is a self-reactive 
material which--
    (1) Detonates partially, does not deflagrate rapidly and shows no 
violent effect when heated under confinement;
    (2) Does not detonate at all, deflagrates slowly and shows no 
violent effect when heated under confinement; or
    (3) Does not detonate or deflagrate at all and shows a medium 
effect when heated under confinement.
    (E) Type E. Self-reactive material type E is a self-reactive 
material which, in laboratory testing, neither detonates nor 
deflagrates at all and shows only a low or no effect when heated under 
confinement.
    (F) Type F. Self-reactive material type F is a self-reactive 
material which, in laboratory testing, neither detonates in the 
cavitated state nor deflagrates at all and shows only a low or no 
effect when heated under confinement as well as low or no explosive 
power.
    (G) Type G. Self-reactive material type G is a self-reactive 
material which, in laboratory testing, does not detonate in the 
cavitated state, will not deflagrate at all, shows no effect when 
heated under confinement, nor shows any explosive power. A type G self-
reactive material is not subject to the requirements of this subchapter 
for self-reactive material of Division 4.1 provided that it is 
thermally stable (self-accelerating decomposition temperature is 50 
[deg]C (122[emsp14][deg]F) or higher for a 50 kg (110 pounds) package). 
A self-reactive material meeting all characteristics of type G except 
thermal stability is classed as a type F self-reactive, temperature 
control material.
    (iii) Procedures for assigning a self-reactive material to a 
generic type. A self-reactive material must be assigned to a generic 
type based on--
    (A) Its physical state (i.e. liquid or solid), in accordance with 
the definition of liquid and solid in Sec.  171.8 of this subchapter;
    (B) A determination as to its control temperature and emergency 
temperature, if any, under the provisions of Sec.  173.21(f);
    (C) Performance of the self-reactive material under the test 
procedures specified in the UN Manual of Tests and Criteria (IBR, see 
Sec.  171.7 of this subchapter) and the provisions of paragraph 
(a)(2)(iii) of this section; and
    (D) Except for a self-reactive material which is identified by 
technical name in the Self-Reactive Materials Table in Sec.  173.224(b) 
or a self-reactive material which may be shipped as a sample under the 
provisions of Sec.  173.224, the self-reactive material is approved in 
writing by the Associate Administrator. The person requesting approval 
shall submit to the Associate Administrator the tentative shipping 
description and generic type and--
    (1) All relevant data concerning physical state, temperature 
controls, and tests results; or
    (2) An approval issued for the self-reactive material by the 
competent authority of a foreign government.
    (iv) Tests. The generic type for a self-reactive material must be 
determined using the testing protocol from Figure 20.1 (a) and (b) 
(Flow Chart Scheme for Self-Reactive Substances and Organic Peroxides) 
from the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this 
subchapter).
    (3) Readily combustible solids are materials that--
    (i) Are solids which may cause a fire through friction, such as 
matches;
    (ii) Show a burning rate faster than 2.2 mm (0.087 inches) per 
second when tested in accordance with the UN Manual of Tests and 
Criteria (IBR, see Sec.  171.7 of this subchapter); or
    (iii) Any metal powders that can be ignited and react over the 
whole length of a sample in 10 minutes or less, when tested in 
accordance with the UN Manual of Tests and Criteria.
    (4) Polymerizing materials are materials which, without 
stabilization, are liable to undergo an exothermic reaction resulting 
in the formation of larger molecules or resulting in the formation of 
polymers under conditions normally encountered in transport. Such 
materials are considered to be polymerizing substances of Division 4.1 
when:
    (i) Their self-accelerating polymerization temperature (SAPT) is 75 
[deg]C (167[emsp14][deg]F) or less under the conditions (with or 
without chemical stabilization) as offered for transport in the 
packaging, IBC or portable tank in which the material or mixture is to 
be

[[Page 15880]]

transported. An appropriate IBC or portable tank for a polymerizing 
material must be determined using the heating under confinement testing 
protocol from boxes 7, 8, 9, and 13 of Figure 20.1 (a) and (b) (Flow 
Chart Scheme for Self-Reactive Substances and Organic Peroxides) from 
the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this 
subchapter) by successfully passing the UN Test Series E at the 
``None'' or ``Low'' level, or by an equivalent test method with the 
approval of the Associate Administrator;
    (ii) They exhibit a heat of reaction of more than 300 J/g; and
    (iii) Do not meet the definition of hazard classes 1-8 (including 
combustible liquids).
    (iv) The provisions concerning polymerizing substances in paragraph 
(a)(4) will be effective until January 2, 2019.
    (b) Division 4.2 (Spontaneously Combustible Material). For the 
purposes of this subchapter, spontaneously combustible material 
(Division 4.2) means--
    (1) A pyrophoric material. A pyrophoric material is a liquid or 
solid that, even in small quantities and without an external ignition 
source, can ignite within five (5) minutes after coming in contact with 
air when tested according to UN Manual of Tests and Criteria.
    (2) Self-heating material. A self-heating material is a material 
that through a process where the gradual reaction of that substance 
with oxygen (in air) generates heat. If the rate of heat production 
exceeds the rate of heat loss, then the temperature of the substance 
will rise which, after an induction time, may lead to self-ignition and 
combustion. A material of this type which exhibits spontaneous ignition 
or if the temperature of the sample exceeds 200 [deg]C 
(392[emsp14][deg]F) during the 24-hour test period when tested in 
accordance with UN Manual of Tests and Criteria (IBR; see Sec.  171.7 
of this subchapter), is classed as a Division 4.2 material.
    (c) Division 4.3 (Dangerous when wet material). For the purposes of 
this chapter, dangerous when wet material (Division 4.3) means a 
material that, by contact with water, is liable to become spontaneously 
flammable or to give off flammable or toxic gas at a rate greater than 
1 L per kilogram of the material, per hour, when tested in accordance 
with UN Manual of Tests and Criteria.

0
29. Section 173.165 is revised to read as follows:


Sec.  173.165  Polyester resin kits.

    (a) General requirements. Polyester resin kits consisting of a base 
material component (Class 3, Packing Group II or III) or (Division 4.1, 
Packing Group II or III) and an activator component (Type D, E, or F 
organic peroxide that does not require temperature control)--
    (1) The organic peroxide component must be packed in inner 
packagings not over 125 mL (4.22 fluid ounces) net capacity each for 
liquids or 500 g (17.64 ounces) net capacity each for solids.
    (2) Except for transportation by aircraft, the flammable liquid 
component must be packaged in suitable inner packagings.
    (i) For transportation by aircraft, a Class 3 Packing Group II base 
material is limited to a quantity of 5 L (1.3 gallons) in metal or 
plastic inner packagings and 1 L (0.3 gallons) in glass inner 
packagings. A Class 3 Packing Group III base material is limited to a 
quantity of 10 L (2.6 gallons) in metal or plastic inner packagings and 
2.5 L (0.66 gallons) in glass inner packagings.
    (ii) For transportation by aircraft, a Division 4.1 Packing Group 
II base material is limited to a quantity of 5 kg (11 pounds) in metal 
or plastic inner packagings and 1 kg (2.2 pounds) in glass inner 
packagings. A Division 4.1 Packing Group III base material is limited 
to a quantity of 10 kg (22 lbs) in metal or plastic inner packagings 
and 2.5 kg (5.5 pounds) in glass inner packagings.
    (3) If the flammable liquid or solid component and the organic 
peroxide component will not interact dangerously in the event of 
leakage, they may be packed in the same outer packaging.
    (4) The Packing Group assigned will be II or III, according to the 
criteria for Class 3, or Division 4.1, as appropriate, applied to the 
base material. Additionally, polyester resin kits must be packaged in 
specification combination packagings, based on the performance level 
required of the base material (II or III) contained within the kit, as 
prescribed in Sec.  173.202, 173.203, 173.212, or 173.213, as 
appropriate.
    (5) For transportation by aircraft, the following additional 
requirements apply:
    (i) Closures on inner packagings containing liquids must be secured 
by secondary means;
    (ii) Inner packagings containing liquids must be capable of meeting 
the pressure differential requirements prescribed in Sec.  173.27(c); 
and
    (iii) The total quantity of activator and base material may not 
exceed 5 kg (11 lbs) per package for a Packing Group II base material. 
The total quantity of activator and base material may not exceed 10 kg 
(22 lbs) per package for a Packing Group III base material. The total 
quantity of polyester resin kits per package is calculated on a one-to-
one basis (i.e., 1 L equals 1 kg).
    (b) Small and excepted quantities. Polyester resin kits are 
eligible for the Small Quantity exceptions in Sec.  173.4 and the 
Excepted Quantity exceptions in Sec.  173.4a, as applicable.
    (c) Limited quantities. Limited quantity packages of polyester 
resin kits are excepted from labeling requirements, unless the material 
is offered for transportation or transported by aircraft, and are 
excepted from the specification packaging requirements of this 
subchapter when packaged in combination packagings according to this 
paragraph (c). For transportation by aircraft, only hazardous material 
authorized aboard passenger-carrying aircraft may be transported as a 
limited quantity. A limited quantity package that conforms to the 
provisions of this section is not subject to the shipping paper 
requirements of subpart C of part 172 of this subchapter, unless the 
material meets the definition of a hazardous substance, hazardous 
waste, marine pollutant, or is offered for transportation and 
transported by aircraft or vessel, and is eligible for the exceptions 
provided in Sec.  173.156. In addition, shipments of limited quantities 
are not subject to subpart F (Placarding) of part 172 of this 
subchapter. Each package must conform to the general packaging 
requirements of subpart B of this part and may not exceed 30 kg (66 
pounds) gross weight.
    (1) Except for transportation by aircraft, the organic peroxide 
component must be packed in inner packagings not over 125 mL (4.22 
fluid ounces) net capacity each for liquids or 500 g (17.64 ounces) net 
capacity each for solids. For transportation by aircraft, the organic 
peroxide component must be packed in inner packagings not over 30 mL (1 
fluid ounce) net capacity each for liquids or 100 g (3.5 ounces) net 
capacity each for solids.
    (2) Except for transportation by aircraft, the flammable liquid 
component must be packed in inner packagings not over 5 L (1.3 gallons) 
net capacity each for a Packing Group II and Packing Group III liquid. 
For transportation by aircraft, the flammable liquid component must be 
packed in inner packagings not over 1 L (0.3 gallons) net capacity each 
for a Packing Group II material. For transportation by aircraft, the 
flammable liquid component must be packed in metal or plastic inner 
packagings not over 5.0 L (1.3 gallons) net capacity each or glass 
inner packagings not over 2.5 L (0.66 gallons) net capacity each for a 
Packing Group III material.

[[Page 15881]]

    (3) Except for transportation by aircraft, the flammable solid 
component must be packed in inner packagings not over 5 kg (11 pounds) 
net capacity each for a Packing Group II and Packing Group III solid. 
For transportation by aircraft, the flammable solid component must be 
packed in inner packagings not over 1 kg (2.2 pounds) net capacity each 
for a Packing Group II material. For transportation by aircraft, the 
flammable solid component must be packed in metal or plastic inner 
packagings not over 5.0 kg (11 pounds) net capacity each or glass inner 
packagings not over 2.5 kg (5.5 pounds) net capacity each for a Packing 
Group III material.
    (4) If the flammable liquid or solid component and the organic 
peroxide component will not interact dangerously in the event of 
leakage, they may be packed in the same outer packaging.
    (5) For transportation by aircraft, the following additional 
requirements apply:
    (i) Closures on inner packagings containing liquids must be secured 
by secondary means as prescribed in Sec.  173.27(d);
    (ii) Inner packagings containing liquids must be capable of meeting 
the pressure differential requirements prescribed in Sec.  173.27(c); 
and
    (iii) The total quantity of activator and base material may not 
exceed 1 kg (2.2 pounds) per package for a Packing Group II base 
material. The total quantity of activator and base material may not 
exceed 5 kg (11 pounds) per package for a Packing Group III base 
material. The total quantity of polyester resin kits per package is 
calculated on a one-to-one basis (i.e., 1 L equals 1 kg);
    (iv) Fragile inner packagings must be packaged to prevent failure 
under conditions normally incident to transport. Packages of consumer 
commodities must be capable of withstanding a 1.2 m drop on solid 
concrete in the position most likely to cause damage; and
    (v) Stack test capability. Packages of consumer commodities must be 
capable of withstanding, without failure or leakage of any inner 
packaging and without any significant reduction in effectiveness, a 
force applied to the top surface for a duration of 24 hours equivalent 
to the total weight of identical packages if stacked to a height of 3.0 
m (including the test sample).
    (d) Consumer commodities. Until December 31, 2020, a limited 
quantity package of polyester resin kits that are also consumer 
commodities as defined in Sec.  171.8 of this subchapter may be renamed 
``Consumer commodity'' and reclassed as ORM-D or, until December 31, 
2012, as ORM-D-AIR material and offered for transportation and 
transported in accordance with the applicable provisions of 49 CFR 
subchapter C (revised as of October 1, 2010).

0
30. In Sec.  173.185, the introductory text and paragraphs (c)(2) and 
(3), (c)(4)(ii), (e), and (f)(4) are revised to read as follows:


Sec.  173.185  Lithium cells and batteries.

    As used in this section, lithium cell(s) or battery(ies) includes 
both lithium metal and lithium ion chemistries. Equipment means the 
device or apparatus for which the lithium cells or batteries will 
provide electrical power for its operation. Consignment means one or 
more packages of hazardous materials accepted by an operator from one 
shipper at one time and at one address, receipted for in one lot and 
moving to one consignee at one destination address.
* * * * *
    (c) * * *
    (2) Packaging. Each package must be rigid unless the cell or 
battery is contained in equipment and is afforded equivalent protection 
by the equipment in which it is contained. Except when lithium cells or 
batteries are contained in equipment, each package of lithium cells or 
batteries, or the completed package when packed with equipment must be 
capable of withstanding a 1.2 meter drop test, in any orientation, 
without damage to the cells or batteries contained in the package, 
without shifting of the contents that would allow battery-to-battery 
(or cell-to-cell) contact, and without release of the contents of the 
package.
    (3) Hazard communication. Each package must display the lithium 
battery mark except when a package contains button cell batteries 
installed in equipment (including circuit boards), or no more than four 
lithium cells or two lithium batteries contained in equipment, where 
there are not more than two packages in the consignment.
    (i) The mark must indicate the UN number, `UN3090' for lithium 
metal cells or batteries or `UN 3480' for lithium ion cells or 
batteries. Where the lithium cells or batteries are contained in, or 
packed with, equipment, the UN number `UN3091' or `UN 3481' as 
appropriate must be indicated. Where a package contains lithium cells 
or batteries assigned to different UN numbers, all applicable UN 
numbers must be indicated on one or more marks. The package must be of 
such size that there is adequate space to affix the mark on one side 
without the mark being folded.
[GRAPHIC] [TIFF OMITTED] TR30MR17.034


[[Page 15882]]


    (A) The mark must be in the form of a rectangle with hatched 
edging. The mark must be not less than 120 mm (4.7 inches) wide by 110 
mm (4.3 inches) high and the minimum width of the hatching must be 5 mm 
(0.2 inches) except markings of 105 mm (4.1 inches) wide by 74 mm (2.9 
inches) high may be used on a package containing lithium batteries when 
the package is too small for the larger mark;
    (B) The symbols and letters must be black on white or suitable 
contrasting background and the hatching must be red;
    (C) The ``*'' must be replaced by the appropriate UN number(s) and 
the ``**'' must be replaced by a telephone number for additional 
information; and
    (D) Where dimensions are not specified, all features shall be in 
approximate proportion to those shown.
    (ii) For transportation by highway, rail or vessel, the provisions 
in 49 CFR 173.185(c)(3) (revised as of October 1, 2016) for marking 
packages, including the exceptions from marking, may continue to be 
used until December 31, 2018. For transportation by aircraft, the 
provisions for the lithium battery handling marking in 49 CFR 
173.185(c)(3)(ii) (revised as of October 1, 2016) may continue to be 
used until December 31, 2018.
* * * * *
    (4) * * *
    (ii) When packages required to bear the lithium battery mark in 
paragraph (c)(3)(i) are placed in an overpack, the lithium battery mark 
must either be clearly visible through the overpack, or the handling 
mark must also be affixed on the outside of the overpack, and the 
overpack must be marked with the word ``OVERPACK.''
* * * * *
    (e) Low production runs and prototypes. Low production runs (i.e., 
annual production runs consisting of not more than 100 lithium cells or 
batteries), or prototype lithium cells or batteries, including 
equipment transported for purposes of testing, are excepted from the 
testing and record keeping requirements of paragraph (a) of this 
section, provided:
    (1) Except as provided in paragraph (e)(4) of this section, each 
cell or battery is individually packed in a non-metallic inner 
packaging, inside an outer packaging, and is surrounded by cushioning 
material that is non-combustible and non-conductive or contained in 
equipment. Equipment must be constructed or packaged in a manner as to 
prevent accidental operation during transport;
    (2) Appropriate measures shall be taken to minimize the effects of 
vibration and shocks and prevent movement of the cells or batteries 
within the package that may lead to damage and a dangerous condition 
during transport. Cushioning material that is non-combustible and non-
conductive may be used to meet this requirement;
    (3) The lithium cells or batteries are packed in inner packagings 
or contained in equipment. The inner packaging or equipment is placed 
in one of the following outer packagings that meet the requirements of 
part 178, subparts L and M, of this subchapter at the Packing Group I 
level. Cells and batteries, including equipment of different sizes, 
shapes or masses must be placed into an outer packaging of a tested 
design type listed in this section provided the total gross mass of the 
package does not exceed the gross mass for which the design type has 
been tested. A cell or battery with a net mass of more than 30 kg is 
limited to one cell or battery per outer packaging;
    (i) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), or solid plastic 
(4H2) box;
    (ii) Metal (1A2, 1B2, 1N2), plywood (1D), or plastic (1H2) drum.
    (4) Lithium batteries, including lithium batteries contained in 
equipment, that weigh 12 kg (26.5 pounds) or more and have a strong, 
impact-resistant outer casing or assemblies of such batteries, may be 
packed in strong outer packagings, in protective enclosures (for 
example, in fully enclosed or wooden slatted crates), or on pallets or 
other handling devices, instead of packages meeting the UN performance 
packaging requirements in paragraphs (b)(3)(ii) and (iii) of this 
section. The battery or battery assembly must be secured to prevent 
inadvertent movement, and the terminals may not support the weight of 
other superimposed elements;
    (5) Irrespective of the limit specified in column (9B) of the Sec.  
172.101 Hazardous Materials Table, the battery or battery assembly 
prepared for transport in accordance with this paragraph may have a 
mass exceeding 35 kg gross weight when transported by cargo aircraft;
    (6) Batteries or battery assemblies packaged in accordance with 
this paragraph are not permitted for transportation by passenger-
carrying aircraft, and may be transported by cargo aircraft only if 
approved by the Associate Administrator prior to transportation; and
    (7) Shipping papers must include the following notation ``Transport 
in accordance with Sec.  173.185(e).''
    (f) * * *
    (4) The outer package must be marked with an indication that the 
package contains a ``Damaged/defective lithium ion battery'' and/or 
``Damaged/defective lithium metal battery'' as appropriate. The marking 
required by this paragraph (f)(4) must be in characters at least 12 mm 
(0.47 inches) high.
* * * * *

0
31. In Sec.  173.217, revise paragraph (c)(3) to read as follows:


Sec.  173.217  Carbon dioxide, solid (dry ice).

* * * * *
    (c) * * *
    (3) The quantity limits per package shown in columns (9A) and (9B) 
of the Hazardous Materials Table in Sec.  172.101 of this subchapter 
are not applicable to dry ice being used as a refrigerant for other 
than hazardous materials loaded in a unit load device. In such a case, 
the unit load device must be identified to the operator and allow the 
venting of the carbon dioxide gas to prevent a dangerous build-up of 
pressure.
* * * * *

0
32. Section 173.220 is revised to read as follows:


Sec.  173.220  Internal combustion engines, vehicles, machinery 
containing internal combustion engines, battery-powered equipment or 
machinery, fuel cell-powered equipment or machinery.

    (a) Applicability. An internal combustion engine, self-propelled 
vehicle, machinery containing an internal combustion engine that is not 
consigned under the ``Dangerous goods in machinery or apparatus'' UN 
3363 entry, a battery-powered vehicle or equipment, or a fuel cell-
powered vehicle or equipment, or any combination thereof, is subject to 
the requirements of this subchapter when transported as cargo on a 
transport vehicle, vessel, or aircraft if--
    (1) The vehicle, engine, or machinery contains a liquid or gaseous 
fuel. Vehicles, engines, or machinery may be considered as not 
containing fuel when the engine components and any fuel lines have been 
completely drained, sufficiently cleaned of residue, and purged of 
vapors to remove any potential hazard and the engine when held in any 
orientation will not release any liquid fuel;
    (2) The fuel tank contains a liquid or gaseous fuel. A fuel tank 
may be considered as not containing fuel when the fuel tank and the 
fuel lines have been completely drained, sufficiently cleaned of 
residue, and purged of vapors to remove any potential hazard;
    (3) It is equipped with a wet battery (including a non-spillable 
battery), a sodium battery or a lithium battery; or

[[Page 15883]]

    (4) Except as provided in paragraph (f)(1) of this section, it 
contains other hazardous materials subject to the requirements of this 
subchapter.
    (b) Requirements. Unless otherwise excepted in paragraph (b)(4) of 
this section, vehicles, engines, and equipment are subject to the 
following requirements:
    (1) Flammable liquid fuel and fuels that are marine pollutants. (i) 
A fuel tank containing a flammable liquid fuel must be drained and 
securely closed, except that up to 500 mL (17 ounces) of residual fuel 
may remain in the tank, engine components, or fuel lines provided they 
are securely closed to prevent leakage of fuel during transportation. 
Self-propelled vehicles containing diesel fuel are excepted from the 
requirement to drain the fuel tanks, provided that sufficient ullage 
space has been left inside the tank to allow fuel expansion without 
leakage, and the tank caps are securely closed.
    (ii) Engines and machinery containing liquid fuels meeting the 
definition of a marine pollutant (see Sec.  171.8 of this subchapter) 
and not meeting the classification criteria of any other Class or 
Division transported by vessel are subject to the requirements of Sec.  
176.906 of this subchapter.
    (2) Flammable liquefied or compressed gas fuel. (i) For 
transportation by motor vehicle, rail car or vessel, fuel tanks and 
fuel systems containing flammable liquefied or compressed gas fuel must 
be securely closed. For transportation by vessel, the requirements of 
Sec. Sec.  176.78(k), 176.905, and 176.906 of this subchapter apply.
    (ii) For transportation by aircraft:
    (A) Flammable gas-powered vehicles, machines, equipment or 
cylinders containing the flammable gas must be completely emptied of 
flammable gas. Lines from vessels to gas regulators, and gas regulators 
themselves, must also be drained of all traces of flammable gas. To 
ensure that these conditions are met, gas shut-off valves must be left 
open and connections of lines to gas regulators must be left 
disconnected upon delivery of the vehicle to the operator. Shut-off 
valves must be closed and lines reconnected at gas regulators before 
loading the vehicle aboard the aircraft; or alternatively;
    (B) Flammable gas powered vehicles, machines or equipment, which 
have cylinders (fuel tanks) that are equipped with electrically 
operated valves, may be transported under the following conditions:
    (1) The valves must be in the closed position and in the case of 
electrically operated valves, power to those valves must be 
disconnected;
    (2) After closing the valves, the vehicle, equipment or machinery 
must be operated until it stops from lack of fuel before being loaded 
aboard the aircraft;
    (3) In no part of the closed system shall the pressure exceed 5% of 
the maximum allowable working pressure of the system or 290 psig (2000 
kPa), whichever is less; and
    (4) There must not be any residual liquefied gas in the system, 
including the fuel tank.
    (3) Truck bodies or trailers on flat cars--flammable liquid or gas 
powered. Truck bodies or trailers with automatic heating or 
refrigerating equipment of the flammable liquid type may be shipped 
with fuel tanks filled and equipment operating or inoperative, when 
used for the transportation of other freight and loaded on flat cars as 
part of a joint rail and highway movement, provided the equipment and 
fuel supply conform to the requirements of Sec.  177.834(l) of this 
subchapter.
    (4) Modal exceptions. Quantities of flammable liquid fuel greater 
than 500 mL (17 ounces) may remain in the fuel tank in self-propelled 
vehicles engines, and machinery only under the following conditions:
    (i) For transportation by motor vehicle or rail car, the fuel tanks 
must be securely closed.
    (ii) For transportation by vessel, the shipment must conform to 
Sec.  176.905 of this subchapter for self-propelled vehicles and Sec.  
176.906 of this subchapter for engines and machinery.
    (iii) For transportation by aircraft, when carried in aircraft 
designed or modified for vehicle ferry operations when all the 
following conditions must be met:
    (A) Authorization for this type operation has been given by the 
appropriate authority in the government of the country in which the 
aircraft is registered;
    (B) Each vehicle is secured in an upright position;
    (C) Each fuel tank is filled in a manner and only to a degree that 
will preclude spillage of fuel during loading, unloading, and 
transportation; and
    (D) Each area or compartment in which a self-propelled vehicle is 
being transported is suitably ventilated to prevent the accumulation of 
fuel vapors.
    (c) Battery-powered or installed. Batteries must be securely 
installed, and wet batteries must be fastened in an upright position. 
Batteries must be protected against a dangerous evolution of heat, 
short circuits, and damage to terminals in conformance with Sec.  
173.159(a) and leakage; or must be removed and packaged separately 
under Sec.  173.159. Battery-powered vehicles, machinery or equipment 
including battery-powered wheelchairs and mobility aids are not subject 
to any other requirements of this subchapter except Sec.  173.21 when 
transported by rail, highway or vessel. Where a vehicle could possibly 
be handled in other than an upright position, the vehicle must be 
secured in a strong, rigid outer packaging. The vehicle must be secured 
by means capable of restraining the vehicle in the outer packaging to 
prevent any movement during transport which would change the 
orientation or cause the vehicle to be damaged.
    (d) Lithium batteries. Except as provided in Sec.  172.102, special 
provision A101, of this subchapter, vehicles, engines, and machinery 
powered by lithium metal batteries, that are transported with these 
batteries installed, are forbidden aboard passenger-carrying aircraft. 
Lithium batteries contained in vehicles, engines, or mechanical 
equipment must be securely fastened in the battery holder of the 
vehicle, engine, or mechanical equipment, and be protected in such a 
manner as to prevent damage and short circuits (e.g., by the use of 
non-conductive caps that cover the terminals entirely). Except for 
vehicles, engines, or machinery transported by highway, rail, or vessel 
with prototype or low production lithium batteries securely installed, 
each lithium battery must be of a type that has successfully passed 
each test in the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 
of this subchapter), as specified in Sec.  173.185, unless approved by 
the Associate Administrator. Where a vehicle could possibly be handled 
in other than an upright position, the vehicle must be secured in a 
strong, rigid outer packaging. The vehicle must be secured by means 
capable of restraining the vehicle in the outer packaging to prevent 
any movement during transport which would change the orientation or 
cause the vehicle to be damaged.
    (e) Fuel cells. A fuel cell must be secured and protected in a 
manner to prevent damage to the fuel cell. Equipment (other than 
vehicles, engines or mechanical equipment) such as consumer electronic 
devices containing fuel cells (fuel cell cartridges) must be described 
as ``Fuel cell cartridges contained in equipment'' and transported in 
accordance with Sec.  173.230. Where a vehicle could possibly be 
handled in other than an upright position, the vehicle must be secured 
in a strong, rigid outer packaging. The vehicle must be secured by 
means capable of restraining the vehicle in the outer packaging to

[[Page 15884]]

prevent any movement during transport which would change the 
orientation or cause the vehicle to be damaged.
    (f) Other hazardous materials. (1) Items containing hazardous 
materials, such as fire extinguishers, compressed gas accumulators, 
safety devices, and other hazardous materials that are integral 
components of the motor vehicle, engine, or mechanical equipment, and 
that are necessary for the operation of the vehicle, engine, or 
mechanical equipment, or for the safety of its operator or passengers, 
must be securely installed in the motor vehicle, engine, or mechanical 
equipment. Such items are not otherwise subject to the requirements of 
this subchapter. Equipment (other than vehicles, engines, or mechanical 
equipment), such as consumer electronic devices containing lithium 
batteries, must be described as ``Lithium metal batteries contained in 
equipment'' or ``Lithium ion batteries contained in equipment,'' as 
appropriate, and transported in accordance with Sec.  173.185, and 
applicable special provisions. Equipment (other than vehicles, engines, 
or mechanical equipment), such as consumer electronic devices 
containing fuel cells (fuel cell cartridges), must be described as 
``Fuel cell cartridges contained in equipment'' and transported in 
accordance with Sec.  173.230.
    (2) Other hazardous materials must be packaged and transported in 
accordance with the requirements of this subchapter.
    (g) Additional requirements for internal combustion engines and 
vehicles with certain electronic equipment when transported by aircraft 
or vessel. When an internal combustion engine that is not installed in 
a vehicle or equipment is offered for transportation by aircraft or 
vessel, all fuel, coolant or hydraulic systems remaining in the engine 
must be drained as far as practicable, and all disconnected fluid pipes 
that previously contained fluid must be sealed with leak-proof caps 
that are positively retained. When offered for transportation by 
aircraft, vehicles equipped with theft-protection devices, installed 
radio communications equipment or navigational systems must have such 
devices, equipment or systems disabled.
    (h) Exceptions. Except as provided in paragraph (f)(2) of this 
section, shipments made under the provisions of this section--
    (1) Are not subject to any other requirements of this subchapter 
for transportation by motor vehicle or rail car;
    (2) Are not subject to the requirements of subparts D, E, and F 
(marking, labeling and placarding, respectively) of part 172 of this 
subchapter or Sec.  172.604 of this subchapter (emergency response 
telephone number) for transportation by aircraft. For transportation by 
aircraft, the provisions of Sec.  173.159(b)(2) as applicable, the 
provisions of Sec.  173.230(f), as applicable, other applicable 
requirements of this subchapter, including shipping papers, emergency 
response information, notification of pilot-in-command, general 
packaging requirements, and the requirements specified in Sec.  173.27 
must be met; and
    (3) For exceptions for transportation by vessel; see Sec.  176.905 
of this subchapter for vehicles, and Sec.  176.906 of this subchapter 
for engines and machinery.

0
33. In Sec.  173.221, paragraph (d) is added to read as follows:


Sec.  173.221  Polymeric beads, expandable and Plastic molding 
compound.

* * * * *
    (d) Exceptions. When it can be demonstrated that no flammable 
vapor, resulting in a flammable atmosphere, is evolved according to 
test U1 (Test method for substances liable to evolve flammable vapors) 
of Part III, sub-section 38.4.4 of the UN Manual of Tests and Criteria 
(IBR, see Sec.  171.7 of this subchapter), polymeric beads, expandable 
need not be classed as Class 9 (UN2211). This test should only be 
performed when de-classification of a substance is considered.

0
34. In Sec.  173.225, in paragraph (c)(8), the ``Organic Peroxide 
Table'' is revised and in paragraph (e), the ``Organic Peroxide IBC 
Table'' is revised to read as follows:


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

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

                                                                 Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Diluent  (mass %)                                     Temperature  (
                                                 Concentration  ------------------------------   Water       Packing            [deg]C)
         Technical name              ID No.         (mass %)                                    (mass %)      method    -----------------------   Notes
                                                                     A         B         I                                Control   Emergency
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1)                              (2)                        (3)      (4a)      (4b)      (4c)        (5)  (6)                (7a)         (7b)       (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetyl acetone peroxide........  UN3105                    <=42      >=48  ........  ........        >=8  OP7            ........  ...........         2
Acetyl acetone peroxide [as a    UN3106                    <=32  ........  ........  ........  .........  OP7            ........  ...........        21
 paste].
Acetyl cyclohexanesulfonyl       UN3112                    <=82  ........  ........  ........       >=12  OP4                 -10            0  ........
 peroxide.
Acetyl cyclohexanesulfonyl       UN3115                    <=32  ........      >=68  ........  .........  OP7                 -10            0  ........
 peroxide.
tert-Amyl hydroperoxide........  UN3107                    <=88       >=6  ........  ........        >=6  OP8            ........  ...........  ........
tert-Amyl peroxyacetate........  UN3105                    <=62      >=38  ........  ........  .........  OP7            ........  ...........  ........
tert-Amyl peroxybenzoate.......  UN3103                   <=100  ........  ........  ........  .........  OP5            ........  ...........  ........
tert-Amyl peroxy-2-              UN3115                   <=100  ........  ........  ........  .........  OP7                  20           25  ........
 ethylhexanoate.
tert-Amyl peroxy-2-ethylhexyl    UN3105                   <=100  ........  ........  ........  .........  OP7            ........  ...........  ........
 carbonate.
tert-Amyl peroxy isopropyl       UN3103                    <=77      >=23  ........  ........  .........  OP5            ........  ...........  ........
 carbonate.
tert-Amyl peroxyneodecanoate...  UN3115                    <=77  ........      >=23  ........  .........  OP7                   0           10  ........
tert-Amyl peroxyneodecanoate...  UN3119                    <=47      >=53  ........  ........  .........  OP8                   0           10  ........
tert-Amyl peroxypivalate.......  UN3113                    <=77  ........      >=23  ........  .........  OP5                  10           15  ........
tert-Amyl peroxypivalate.......  UN3119                    <=32      >=68  ........  ........  .........  OP8                  10           15  ........
tert-Amyl peroxy-3,5,5-          UN3105                   <=100  ........  ........  ........  .........  OP7            ........  ...........  ........
 trimethylhexanoate.
tert-Butyl cumyl peroxide......  UN3109                 >42-100  ........  ........  ........  .........  OP8            ........  ...........         9
tert-Butyl cumyl peroxide......  UN3108                    <=52  ........  ........      >=48  .........  OP8            ........  ...........         9
n-Butyl-4,4-di-(tert-            UN3103                 >52-100  ........  ........  ........  .........  OP5            ........  ...........  ........
 butylperoxy)valerate.
n-Butyl-4,4-di-(tert-            UN3108                    <=52  ........  ........      >=48  .........  OP8            ........  ...........  ........
 butylperoxy)valerate.
tert-Butyl hydroperoxide.......  UN3103                  >79-90  ........  ........  ........       >=10  OP5            ........  ...........        13
tert-Butyl hydroperoxide.......  UN3105                    <=80      >=20  ........  ........  .........  OP7            ........  ...........     4, 13
tert-Butyl hydroperoxide.......  UN3107                    <=79  ........  ........  ........        >14  OP8            ........  ...........    13, 16
tert-Butyl hydroperoxide.......  UN3109                    <=72  ........  ........  ........       >=28  OP8            ........  ...........        13

[[Page 15885]]

 
tert-Butyl hydroperoxide [and]   UN3103                <82 + >9  ........  ........  ........        >=7  OP5            ........  ...........        13
 Di-tert-butylperoxide.
tert-Butyl monoperoxymaleate...  UN3102                 >52-100  ........  ........  ........  .........  OP5            ........  ...........  ........
tert-Butyl monoperoxymaleate...  UN3103                    <=52      >=48  ........  ........  .........  OP6            ........  ...........  ........
tert-Butyl monoperoxymaleate...  UN3108                    <=52  ........  ........      >=48  .........  OP8            ........  ...........  ........
tert-Butyl monoperoxymaleate     UN3108                    <=52  ........  ........  ........  .........  OP8            ........  ...........  ........
 [as a paste].
tert-Butyl peroxyacetate.......  UN3101                  >52-77      >=23  ........  ........  .........  OP5            ........  ...........  ........
tert-Butyl peroxyacetate.......  UN3103                  >32-52      >=48  ........  ........  .........  OP6            ........  ...........  ........
tert-Butyl peroxyacetate.......  UN3109                    <=32  ........      >=68  ........  .........  OP8            ........  ...........  ........
tert-Butyl peroxybenzoate......  UN3103                 >77-100  ........  ........  ........  .........  OP5            ........  ...........  ........
tert-Butyl peroxybenzoate......  UN3105                  >52-77      >=23  ........  ........  .........  OP7            ........  ...........         1
tert-Butyl peroxybenzoate......  UN3106                    <=52  ........  ........      >=48  .........  OP7            ........  ...........  ........
tert-Butyl peroxybenzoate......  UN3109                    <=32      >=68  ........  ........  .........  OP8            ........  ...........  ........
tert-Butyl peroxybutyl fumarate  UN3105                    <=52      >=48  ........  ........  .........  OP7            ........  ...........  ........
tert-Butyl peroxycrotonate.....  UN3105                    <=77      >=23  ........  ........  .........  OP7            ........  ...........  ........
tert-Butyl peroxydiethylacetate  UN3113                   <=100  ........  ........  ........  .........  OP5                  20           25  ........
tert-Butyl peroxy-2-             UN3113                 >52-100  ........  ........  ........  .........  OP6                  20           25  ........
 ethylhexanoate.
tert-Butyl peroxy-2-             UN3117                  >32-52  ........      >=48  ........  .........  OP8                  30           35  ........
 ethylhexanoate.
tert-Butyl peroxy-2-             UN3118                    <=52  ........  ........      >=48  .........  OP8                  20           25  ........
 ethylhexanoate.
tert-Butyl peroxy-2-             UN3119                    <=32  ........      >=68  ........  .........  OP8                  40           45  ........
 ethylhexanoate.
tert-Butyl peroxy-2-             UN3106             <=12 + <=14      >=14  ........      >=60  .........  OP7            ........  ...........  ........
 ethylhexanoate [and] 2,2-di-
 (tert-Butylperoxy)butane.
tert-Butyl peroxy-2-             UN3115             <=31 + <=36  ........      >=33  ........  .........  OP7                  35           40  ........
 ethylhexanoate [and] 2,2-di-
 (tert-Butylperoxy)butane.
tert-Butyl peroxy-2-             UN3105                   <=100  ........  ........  ........  .........  OP7            ........  ...........  ........
 ethylhexylcarbonate.
tert-Butyl peroxyisobutyrate...  UN3111                  >52-77  ........      >=23  ........  .........  OP5                  15           20  ........
tert-Butyl peroxyisobutyrate...  UN3115                    <=52  ........      >=48  ........  .........  OP7                  15           20  ........
tert-Butylperoxy                 UN3103                    <=77      >=23  ........  ........  .........  OP5            ........  ...........  ........
 isopropylcarbonate.
1-(2-tert-Butylperoxy            UN3105                    <=77      >=23  ........  ........  .........  OP7            ........  ...........  ........
 isopropyl)-3-
 isopropenylbenzene.
1-(2-tert-Butylperoxy            UN3108                    <=42  ........  ........      >=58  .........  OP8            ........  ...........  ........
 isopropyl)-3-
 isopropenylbenzene.
tert-Butyl peroxy-2-             UN3103                   <=100  ........  ........  ........  .........  OP5            ........  ...........  ........
 methylbenzoate.
tert-Butyl peroxyneodecanoate..  UN3115                 >77-100  ........  ........  ........  .........  OP7                  -5            5  ........
tert-Butyl peroxyneodecanoate..  UN3115                    <=77  ........      >=23  ........  .........  OP7                   0           10  ........
tert-Butyl peroxyneodecanoate    UN3119                    <=52  ........  ........  ........  .........  OP8                   0           10  ........
 [as a stable dispersion in
 water].
tert-Butyl peroxyneodecanoate    UN3118                    <=42  ........  ........  ........  .........  OP8                   0           10  ........
 [as a stable dispersion in
 water (frozen)].
tert-Butyl peroxyneodecanoate..  UN3119                    <=32      >=68  ........  ........  .........  OP8                   0           10  ........
tert-Butyl peroxyneoheptanoate.  UN3115                    <=77      >=23  ........  ........  .........  OP7                   0           10  ........
tert-Butyl peroxyneoheptanoate   UN3117                    <=42  ........  ........  ........  .........  OP8                   0           10  ........
 [as a stable dispersion in
 water].
tert-Butyl peroxypivalate......  UN3113                  >67-77      >=23  ........  ........  .........  OP5                   0           10  ........
tert-Butyl peroxypivalate......  UN3115                  >27-67  ........      >=33  ........  .........  OP7                   0           10  ........
tert-Butyl peroxypivalate......  UN3119                    <=27  ........      >=73  ........  .........  OP8                  30           35  ........
tert-Butylperoxy                 UN3106                   <=100  ........  ........  ........  .........  OP7            ........  ...........  ........
 stearylcarbonate.
tert-Butyl peroxy-3,5,5-         UN3105                 >37-100  ........  ........  ........  .........  OP7            ........  ...........  ........
 trimethylhexanoate.
tert-Butyl peroxy-3,5,5-         UN3106                    <=42  ........  ........      >=58  .........  OP7            ........  ...........  ........
 trimethlyhexanoate.
tert-Butyl peroxy-3,5,5-         UN3109                    <=37  ........      >=63  ........  .........  OP8            ........  ...........  ........
 trimethylhexanoate.
3-Chloroperoxybenzoic acid.....  UN3102                  >57-86  ........  ........      >=14  .........  OP1            ........  ...........  ........
3-Chloroperoxybenzoic acid.....  UN3106                    <=57  ........  ........       >=3       >=40  OP7            ........  ...........  ........
3-Chloroperoxybenzoic acid.....  UN3106                    <=77  ........  ........       >=6       >=17  OP7            ........  ...........  ........
Cumyl hydroperoxide............  UN3107                  >90-98      <=10  ........  ........  .........  OP8            ........  ...........        13
Cumyl hydroperoxide............  UN3109                    <=90      >=10  ........  ........  .........  OP8            ........  ...........    13, 15
Cumyl peroxyneodecanoate.......  UN3115                    <=87      >=13  ........  ........  .........  OP7                 -10            0  ........
Cumyl peroxyneodecanoate.......  UN3115                    <=77  ........      >=23  ........  .........  OP7                 -10            0  ........
Cumyl peroxyneodecanoate [as a   UN3119                    <=52  ........  ........  ........  .........  OP8                 -10            0  ........
 stable dispersion in water].
Cumyl peroxyneoheptanoate......  UN3115                    <=77      >=23  ........  ........  .........  OP7                 -10            0  ........
Cumyl peroxypivalate...........  UN3115                    <=77  ........      >=23  ........  .........  OP7                  -5            5  ........
Cyclohexanone peroxide(s)......  UN3104                    <=91  ........  ........  ........        >=9  OP6            ........  ...........        13
Cyclohexanone peroxide(s)......  UN3105                    <=72      >=28  ........  ........  .........  OP7            ........  ...........         5
Cyclohexanone peroxide(s) [as a  UN3106                    <=72  ........  ........  ........  .........  OP7            ........  ...........     5, 21
 paste].
Cyclohexanone peroxide(s)......  Exempt                    <=32  ........       >68  ........  .........  Exempt         ........  ...........        29
Diacetone alcohol peroxides....  UN3115                    <=57  ........      >=26  ........        >=8  OP7                  40           45         5
Diacetyl peroxide..............  UN3115                    <=27  ........      >=73  ........  .........  OP7                  20           25      8,13
Di-tert-amyl peroxide..........  UN3107                   <=100  ........  ........  ........  .........  OP8            ........  ...........  ........
([3R- (3R, 5aS, 6S, 8aS, 9R,     UN3106                   <=100  ........  ........  ........  .........  OP7            ........  ...........  ........
 10R, 12S, 12aR**)]-Decahydro-
 10-methoxy-3, 6, 9-trimethyl-
 3, 12-epoxy-12H-pyrano [4, 3-
 j]-1, 2-benzodioxepin).
2,2-Di-(tert-amylperoxy)-butane  UN3105                    <=57      >=43  ........  ........  .........  OP7            ........  ...........  ........

[[Page 15886]]

 
1,1-Di-(tert-                    UN3103                    <=82      >=18  ........  ........  .........  OP6            ........  ...........  ........
 amylperoxy)cyclohexane.
Dibenzoyl peroxide.............  UN3102                 >52-100  ........  ........      <=48  .........  OP2            ........  ...........         3
Dibenzoyl peroxide.............  UN3102                  >77-94  ........  ........  ........        >=6  OP4            ........  ...........         3
Dibenzoyl peroxide.............  UN3104                    <=77  ........  ........  ........       >=23  OP6            ........  ...........  ........
Dibenzoyl peroxide.............  UN3106                    <=62  ........  ........      >=28       >=10  OP7            ........  ...........  ........
Dibenzoyl peroxide [as a paste]  UN3106                  >52-62  ........  ........  ........  .........  OP7            ........  ...........        21
Dibenzoyl peroxide.............  UN3106                  >35-52  ........  ........      >=48  .........  OP7            ........  ...........  ........
Dibenzoyl peroxide.............  UN3107                  >36-42      >=18  ........  ........       <=40  OP8            ........  ...........  ........
Dibenzoyl peroxide [as a paste]  UN3108                  <=56.5  ........  ........  ........       >=15  OP8            ........  ...........  ........
Dibenzoyl peroxide [as a paste]  UN3108                    <=52  ........  ........  ........  .........  OP8            ........  ...........        21
Dibenzoyl peroxide [as a stable  UN3109                    <=42  ........  ........  ........  .........  OP8            ........  ...........  ........
 dispersion in water].
Dibenzoyl peroxide.............  Exempt                    <=35  ........  ........      >=65  .........  Exempt         ........  ...........        29
Di-(4-tert-                      UN3114                   <=100  ........  ........  ........  .........  OP6                  30           35  ........
 butylcyclohexyl)peroxydicarbon
 ate.
Di-(4-tert-                      UN3119                    <=42  ........  ........  ........  .........  OP8                  30           35  ........
 butylcyclohexyl)peroxydicarbon
 ate [as a stable dispersion in
 water].
Di-tert-butyl peroxide.........  UN3107                 >52-100  ........  ........  ........  .........  OP8            ........  ...........  ........
Di-tert-butyl peroxide.........  UN3109                    <=52  ........      >=48  ........  .........  OP8            ........  ...........        24
Di-tert-butyl peroxyazelate....  UN3105                    <=52      >=48  ........  ........  .........  OP7            ........  ...........  ........
2,2-Di-(tert-butylperoxy)butane  UN3103                    <=52      >=48  ........  ........  .........  OP6            ........  ...........  ........
1,6-Di-(tert-                    UN3103                    <=72      >=28  ........  ........  .........  OP5            ........  ...........  ........
 butylperoxycarbonyloxy)hexane.
1,1-Di-(tert-                    UN3101                 >80-100  ........  ........  ........  .........  OP5            ........  ...........  ........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                    UN3103                  >52-80      >=20  ........  ........  .........  OP5            ........  ...........  ........
 butylperoxy)cyclohexane.
1,1-Di-(tert-butylperoxy)-       UN3103                    <=72  ........      >=28  ........  .........  OP5            ........  ...........        30
 cyclohexane.
1,1-Di-(tert-                    UN3105                  >42-52      >=48  ........  ........  .........  OP7            ........  ...........  ........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                    UN3106                    <=42      >=13  ........      >=45  .........  OP7            ........  ...........  ........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                    UN3107                    <=27      >=25  ........  ........  .........  OP8            ........  ...........        22
 butylperoxy)cyclohexane.
1,1-Di-(tert-                    UN3109                    <=42      >=58  ........  ........  .........  OP8            ........  ...........  ........
 butylperoxy)cyclohexane.
1,1-Di-(tert-Butylperoxy)        UN3109                    <=37      >=63  ........  ........  .........  OP8            ........  ...........  ........
 cyclohexane.
1,1-Di-(tert-                    UN3109                    <=25      >=25      >=50  ........  .........  OP8            ........  ...........  ........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                    UN3109                    <=13      >=13      >=74  ........  .........  OP8            ........  ...........  ........
 butylperoxy)cyclohexane.
1,1-Di-(tert-                    UN3105               <=43+<=16      >=41  ........  ........  .........  OP7            ........  ...........  ........
 butylperoxy)cyclohexane + tert-
 Butyl peroxy-2-ethylhexanoate.
Di-n-butyl peroxydicarbonate...  UN3115                  >27-52  ........      >=48  ........  .........  OP7                 -15           -5  ........
Di-n-butyl peroxydicarbonate...  UN3117                    <=27  ........      >=73  ........  .........  OP8                 -10            0  ........
Di-n-butyl peroxydicarbonate     UN3118                    <=42  ........  ........  ........  .........  OP8                 -15           -5  ........
 [as a stable dispersion in
 water (frozen)].
Di-sec-butyl peroxydicarbonate.  UN3113                 >52-100  ........  ........  ........  .........  OP4                 -20          -10         6
Di-sec-butyl peroxydicarbonate.  UN3115                    <=52  ........      >=48  ........  .........  OP7                 -15           -5  ........
Di-(tert-butylperoxyisopropyl)   UN3106                 >42-100  ........  ........      <=57  .........  OP7            ........  ...........      1, 9
 benzene(s).
Di-(tert-butylperoxyisopropyl)   Exempt                    <=42  ........  ........      >=58  .........  Exempt         ........  ...........  ........
 benzene(s).
Di-(tert-butylperoxy)phthalate.  UN3105                  >42-52      >=48  ........  ........  .........  OP7            ........  ...........  ........
Di-(tert-butylperoxy)phthalate   UN3106                    <=52  ........  ........  ........  .........  OP7            ........  ...........        21
 [as a paste].
Di-(tert-butylperoxy)phthalate.  UN3107                    <=42      >=58  ........  ........  .........  OP8            ........  ...........  ........
2,2-Di-(tert-                    UN3105                    <=52      >=48  ........  ........  .........  OP7            ........  ...........  ........
 butylperoxy)propane.
2,2-Di-(tert-                    UN3106                    <=42      >=13  ........      >=45  .........  OP7            ........  ...........  ........
 butylperoxy)propane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3101                 >90-100  ........  ........  ........  .........  OP5            ........  ...........  ........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103                  >57-90      >=10  ........  ........  .........  OP5            ........  ...........  ........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103                    <=77  ........      >=23  ........  .........  OP5            ........  ...........  ........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103                    <=90  ........      >=10  ........  .........  OP5            ........  ...........        30
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3110                    <=57  ........  ........      >=43  .........  OP8            ........  ...........  ........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3107                    <=57      >=43  ........  ........  .........  OP8            ........  ...........  ........
 trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3107                    <=32      >=26      >=42  ........  .........  OP8            ........  ...........  ........
 trimethylcyclohexane.
Dicetyl peroxydicarbonate......  UN3120                   <=100  ........  ........  ........  .........  OP8                  30           35  ........
Dicetyl peroxydicarbonate [as a  UN3119                    <=42  ........  ........  ........  .........  OP8                  30           35  ........
 stable dispersion in water].
Di-4-chlorobenzoyl peroxide....  UN3102                    <=77  ........  ........  ........       >=23  OP5            ........  ...........  ........
Di-4-chlorobenzoyl peroxide....  Exempt                    <=32  ........  ........      >=68  .........  Exempt         ........  ...........        29
Di-2,4-dichlorobenzoyl peroxide  UN3118                    <=52  ........  ........  ........  .........  OP8                  20           25  ........
 [as a paste].
Di-4-chlorobenzoyl peroxide [as  UN3106                    <=52  ........  ........  ........  .........  OP7            ........  ...........        21
 a paste].
Dicumyl peroxide...............  UN3110                 >52-100  ........  ........      <=48  .........  OP8            ........  ...........         9
Dicumyl peroxide...............  Exempt                    <=52  ........  ........      >=48  .........  Exempt         ........  ...........        29
Dicyclohexyl peroxydicarbonate.  UN3112                 >91-100  ........  ........  ........  .........  OP3                  10           15  ........

[[Page 15887]]

 
Dicyclohexyl peroxydicarbonate.  UN3114                    <=91  ........  ........  ........        >=9  OP5                  10           15  ........
Dicyclohexyl peroxydicarbonate   UN3119                    <=42  ........  ........  ........  .........  OP8                  15           20  ........
 [as a stable dispersion in
 water].
Didecanoyl peroxide............  UN3114                   <=100  ........  ........  ........  .........  OP6                  30           35  ........
2,2-Di-(4,4-di(tert-             UN3106                    <=42  ........  ........      >=58  .........  OP7            ........  ...........  ........
 butylperoxy)cyclohexyl)propane.
2,2-Di-(4,4-di(tert-             UN3107                    <=22  ........      >=78  ........  .........  OP8            ........  ...........  ........
 butylperoxy)cyclohexyl)propane.
Di-2,4-dichlorobenzoyl peroxide  UN3102                    <=77  ........  ........  ........       >=23  OP5            ........  ...........  ........
Di-2,4-dichlorobenzoyl peroxide  UN3106                    <=52  ........  ........  ........  .........  OP7            ........  ...........  ........
 [as a paste with silicone oil].
Di-(2-ethoxyethyl)               UN3115                    <=52  ........      >=48  ........  .........  OP7                 -10            0  ........
 peroxydicarbonate.
Di-(2-ethylhexyl)                UN3113                 >77-100  ........  ........  ........  .........  OP5                 -20          -10  ........
 peroxydicarbonate.
Di-(2-ethylhexyl)                UN3115                    <=77  ........      >=23  ........  .........  OP7                 -15           -5  ........
 peroxydicarbonate.
Di-(2-ethylhexyl)                UN3119                    <=62  ........  ........  ........  .........  OP8                 -15           -5  ........
 peroxydicarbonate [as a stable
 dispersion in water].
Di-(2-ethylhexyl)                UN3119                    <=52  ........  ........  ........  .........  OP8                 -15           -5  ........
 peroxydicarbonate [as a stable
 dispersion in water].
Di-(2-ethylhexyl)                UN3120                    <=52  ........  ........  ........  .........  OP8                 -15           -5  ........
 peroxydicarbonate [as a stable
 dispersion in water (frozen)].
2,2-Dihydroperoxypropane.......  UN3102                    <=27  ........  ........      >=73  .........  OP5            ........  ...........  ........
Di-(1-                           UN3106                   <=100  ........  ........  ........  .........  OP7            ........  ...........  ........
 hydroxycyclohexyl)peroxide.
Diisobutyryl peroxide..........  UN3111                  >32-52  ........      >=48  ........  .........  OP5                 -20          -10  ........
Diisobutyryl peroxide..........  UN3115                    <=32  ........      >=68  ........  .........  OP7                 -20          -10  ........
Diisopropylbenzene               UN3106                    <=82       >=5  ........  ........        >=5  OP7            ........  ...........        17
 dihydroperoxide.
Diisopropyl peroxydicarbonate..  UN3112                 >52-100  ........  ........  ........  .........  OP2                 -15           -5  ........
Diisopropyl peroxydicarbonate..  UN3115                    <=52  ........      >=48  ........  .........  OP7                 -20          -10  ........
Diisopropyl peroxydicarbonate..  UN3115                    <=32      >=68  ........  ........  .........  OP7                 -15           -5  ........
Dilauroyl peroxide.............  UN3106                   <=100  ........  ........  ........  .........  OP7            ........  ...........  ........
Dilauroyl peroxide [as a stable  UN3109                    <=42  ........  ........  ........  .........  OP8            ........  ...........  ........
 dispersion in water].
Di-(3-methoxybutyl)              UN3115                    <=52  ........      >=48  ........  .........  OP7                  -5            5  ........
 peroxydicarbonate.
Di-(2-methylbenzoyl)peroxide...  UN3112                    <=87  ........  ........  ........       >=13  OP5                  30           35  ........
Di-(4-methylbenzoyl)peroxide     UN3106                    <=52  ........  ........  ........  .........  OP7            ........  ...........  ........
 [as a paste with silicone oil].
Di-(3-methylbenzoyl) peroxide +  UN3115                  <=20 +  ........      >=58  ........  .........  OP7                  35           40  ........
 Benzoyl (3-methylbenzoyl)                           <=18 + <=4
 peroxide + Dibenzoyl peroxide.
2,5-Dimethyl-2,5-di-             UN3102                 >82-100  ........  ........  ........  .........  OP5            ........  ...........  ........
 (benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di-             UN3106                    <=82  ........  ........      >=18  .........  OP7            ........  ...........  ........
 (benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di-             UN3104                    <=82  ........  ........  ........       >=18  OP5            ........  ...........  ........
 (benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-       UN3103                 >90-100  ........  ........  ........  .........  OP5            ........  ...........  ........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-       UN3105                  >52-90      >=10  ........  ........  .........  OP7            ........  ...........  ........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-       UN3108                    <=77  ........  ........      >=23  .........  OP8            ........  ...........  ........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-       UN3109                    <=52      >=48  ........  ........  .........  OP8            ........  ...........  ........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-       UN3108                    <=47  ........  ........  ........  .........  OP8            ........  ...........  ........
 butylperoxy)hexane [as a
 paste].
2,5-Dimethyl-2,5-di-(tert-       UN3101                 >86-100  ........  ........  ........  .........  OP5            ........  ...........  ........
 butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert-       UN3103                  >52-86      >=14  ........  ........  .........  OP5            ........  ...........  ........
 butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert-       UN3106                    <=52  ........  ........      >=48  .........  OP7            ........  ...........  ........
 butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(2-          UN3113                   <=100  ........  ........  ........  .........  OP5                  20           25  ........
 ethylhexanoylperoxy)hexane.
2,5-Dimethyl-2,5-                UN3104                    <=82  ........  ........  ........       >=18  OP6            ........  ...........  ........
 dihydroperoxyhexane.
2,5-Dimethyl-2,5-di-(3,5,5-      UN3105                    <=77      >=23  ........  ........  .........  OP7            ........  ...........  ........
 trimethylhexanoylperoxy)hexane.
1,1-Dimethyl-3-                  UN3117                    <=52      >=48  ........  ........  .........  OP8                   0           10  ........
 hydroxybutylperoxyneoheptanoat
 e.
Dimyristyl peroxydicarbonate...  UN3116                   <=100  ........  ........  ........  .........  OP7                  20           25  ........
Dimyristyl peroxydicarbonate     UN3119                    <=42  ........  ........  ........  .........  OP8                  20           25  ........
 [as a stable dispersion in
 water].
Di-(2-                           UN3115                    <=52      >=48  ........  ........  .........  OP7                 -10            0  ........
 neodecanoylperoxyisopropyl)ben
 zene.
Di-(2-neodecanoyl-               UN3119                    <=42  ........  ........  ........  .........  OP8                 -15           -5  ........
 peroxyisopropyl) benzene, as
 stable dispersion in water.
Di-n-nonanoyl peroxide.........  UN3116                   <=100  ........  ........  ........  .........  OP7                   0           10  ........
Di-n-octanoyl peroxide.........  UN3114                   <=100  ........  ........  ........  .........  OP5                  10           15  ........

[[Page 15888]]

 
Di-(2-                           UN3102                 >85-100  ........  ........  ........  .........  OP5            ........  ...........  ........
 phenoxyethyl)peroxydicarbonate.
Di-(2-                           UN3106                    <=85  ........  ........  ........       >=15  OP7            ........  ...........  ........
 phenoxyethyl)peroxydicarbonate.
Dipropionyl peroxide...........  UN3117                    <=27  ........      >=73  ........  .........  OP8                  15           20  ........
Di-n-propyl peroxydicarbonate..  UN3113                   <=100  ........  ........  ........  .........  OP3                 -25          -15  ........
Di-n-propyl peroxydicarbonate..  UN3113                    <=77  ........      >=23  ........  .........  OP5                 -20          -10  ........
Disuccinic acid peroxide.......  UN3102                 >72-100  ........  ........  ........  .........  OP4            ........  ...........        18
Disuccinic acid peroxide.......  UN3116                    <=72  ........  ........  ........       >=28  OP7                  10           15  ........
Di-(3,5,5-trimethylhexanoyl)     UN3115                  >52-82      >=18  ........  ........  .........  OP7                   0           10  ........
 peroxide.
Di-(3,5,5-                       UN3119                    <=52  ........  ........  ........  .........  OP8                  10           15  ........
 trimethylhexanoyl)peroxide [as
 a stable dispersion in water].
Di-(3,5,5-                       UN3119                    <=38      >=62  ........  ........  .........  OP8                  20           25  ........
 trimethylhexanoyl)peroxide.
Ethyl 3,3-di-(tert-              UN3105                    <=67      >=33  ........  ........  .........  OP7            ........  ...........  ........
 amylperoxy)butyrate.
Ethyl 3,3-di-(tert-              UN3103                 >77-100  ........  ........  ........  .........  OP5            ........  ...........  ........
 butylperoxy)butyrate.
Ethyl 3,3-di-(tert-              UN3105                    <=77      >=23  ........  ........  .........  OP7            ........  ...........  ........
 butylperoxy)butyrate.
Ethyl 3,3-di-(tert-              UN3106                    <=52  ........  ........      >=48  .........  OP7            ........  ...........  ........
 butylperoxy)butyrate.
1-(2-ethylhexanoylperoxy)-1,3-   UN3115                    <=52      >=45      >=10  ........  .........  OP7                 -20          -10  ........
 Dimethylbutyl peroxypivalate.
tert-Hexyl peroxyneodecanoate..  UN3115                    <=71      >=29  ........  ........  .........  OP7                   0           10  ........
tert-Hexyl peroxypivalate......  UN3115                    <=72  ........      >=28  ........  .........  OP7                  10           15  ........
3-Hydroxy-1,1-dimethylbutyl      UN3115                    <=77      >=23  ........  ........  .........  OP7                  -5            5  ........
 peroxyneodecanoate.
3-Hydroxy-1,1-dimethylbutyl      UN3119                    <=52  ........  ........  ........  .........  OP8                  -5            5  ........
 peroxyneodecanoate [as a
 stable dispersion in water].
3-Hydroxy-1,1-dimethylbutyl      UN3117                    <=52      >=48  ........  ........  .........  OP8                  -5            5  ........
 peroxyneodecanoate.
Isopropyl sec-butyl              UN3111             <=52 + <=28  ........  ........  ........  .........  OP5                 -20          -10  ........
 peroxydicarbonat + Di-sec-                              + <=22
 butyl peroxydicarbonate + Di-
 isopropyl peroxydicarbonate.
Isopropyl sec-butyl              UN3115             <=32 + <=15      >=38  ........  ........  .........  OP7                 -20          -10  ........
 peroxydicarbonate + Di-sec-                                -18
 butyl peroxydicarbonate + Di-                       + <=12 -15
 isopropyl peroxydicarbonate.
Isopropylcumyl hydroperoxide...  UN3109                    <=72      >=28  ........  ........  .........  OP8            ........  ...........        13
p-Menthyl hydroperoxide........  UN3105                 >72-100  ........  ........  ........  .........  OP7            ........  ...........        13
p-Menthyl hydroperoxide........  UN3109                    <=72      >=28  ........  ........  .........  OP8            ........  ...........  ........
Methylcyclohexanone peroxide(s)  UN3115                    <=67  ........      >=33  ........  .........  OP7                  35           40  ........
Methyl ethyl ketone peroxide(s)  UN3101                    <=52      >=48  ........  ........  .........  OP5            ........  ...........     5, 13
Methyl ethyl ketone peroxide(s)  UN3105                    <=45      >=55  ........  ........  .........  OP7            ........  ...........         5
Methyl ethyl ketone peroxide(s)  UN3107                    <=40      >=60  ........  ........  .........  OP8            ........  ...........         7
Methyl isobutyl ketone           UN3105                    <=62      >=19  ........  ........  .........  OP7            ........  ...........     5, 23
 peroxide(s).
Methyl isopropyl ketone          UN3109         (See remark 31)      >=70  ........  ........  .........  OP8            ........  ...........        31
 peroxide(s).
Organic peroxide, liquid,        UN3103         ...............  ........  ........  ........  .........  OP2            ........  ...........        12
 sample.
Organic peroxide, liquid,        UN3113         ...............  ........  ........  ........  .........  OP2            ........  ...........        12
 sample, temperature controlled.
Organic peroxide, solid, sample  UN3104         ...............  ........  ........  ........  .........  OP2            ........  ...........        12
Organic peroxide, solid,         UN3114         ...............  ........  ........  ........  .........  OP2            ........  ...........        12
 sample, temperature controlled.
3,3,5,7,7-Pentamethyl-1,2,4-     UN3107                   <=100  ........  ........  ........  .........  OP8            ........  ...........  ........
 Trioxepane.
Peroxyacetic acid, type D,       UN3105                    <=43  ........  ........  ........  .........  OP7            ........  ...........    13, 20
 stabilized.
Peroxyacetic acid, type E,       UN3107                    <=43  ........  ........  ........  .........  OP8            ........  ...........    13, 20
 stabilized.
Peroxyacetic acid, type F,       UN3109                    <=43  ........  ........  ........  .........  OP8            ........  ...........   13, 20,
 stabilized.                                                                                                                                          28
Peroxyacetic acid or peracetic   UN3107                    <=36  ........  ........  ........       >=15  OP8            ........  ...........   13, 20,
 acid [with not more than 7%                                                                                                                          28
 hydrogen peroxide].
Peroxyacetic acid or peracetic   Exempt                     <=6  ........  ........  ........       >=60  Exempt         ........  ...........        28
 acid [with not more than 20%
 hydrogen peroxide].
Peroxyacetic acid or peracetic   UN3109                    <=17  ........  ........  ........  .........  OP8            ........  ...........   13, 20,
 acid [with not more than 26%                                                                                                                         28
 hydrogen peroxide].
Peroxylauric acid..............  UN3118                   <=100  ........  ........  ........  .........  OP8                  35           40  ........
Pinanyl hydroperoxide..........  UN3105                 >56-100  ........  ........  ........  .........  OP7            ........  ...........        13
Pinanyl hydroperoxide..........  UN3109                    <=56      >=44  ........  ........  .........  OP8            ........  ...........  ........
Polyether poly-tert-             UN3107                    <=52  ........      >=48  ........  .........  OP8            ........  ...........  ........
 butylperoxycarbonate.
Tetrahydronaphthyl               UN3106                   <=100  ........  ........  ........  .........  OP7            ........  ...........  ........
 hydroperoxide.
1,1,3,3-Tetramethylbutyl         UN3105                   <=100  ........  ........  ........  .........  OP7            ........  ...........  ........
 hydroperoxide.
1,1,3,3-Tetramethylbutyl peroxy- UN3115                   <=100  ........  ........  ........  .........  OP7                  15           20  ........
 2-ethylhexanoate.
1,1,3,3-Tetramethylbutyl         UN3115                    <=72  ........      >=28  ........  .........  OP7                  -5            5  ........
 peroxyneodecanoate.
1,1,3,3-Tetramethylbutyl         UN3119                    <=52  ........  ........  ........  .........  OP8                  -5            5  ........
 peroxyneodecanoate [as a
 stable dispersion in water].
1,1,3,3-tetramethylbutyl         UN3115                    <=77      >=23  ........  ........  .........  OP7                   0           10  ........
 peroxypivalate.
3, 6, 9-Triethyl-3, 6, 9-        UN3110                    <=17      >=18  ........      >=65  .........  OP8            ........  ...........  ........
 trimethyl-1, 4, 7-
 triperoxonane.

[[Page 15889]]

 
3,6,9-Triethyl-3,6,9-trimethyl-  UN3105                    <=42      >=58  ........  ........  .........  OP7            ........  ...........        26
 1,4,7-triperoxonane.
Di-(3, 5, 5-trimethylhexanoyl)   UN3119                  >38-52      >=48  ........  ........  .........  OP8                  10           15  ........
 peroxide.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. For domestic shipments, OP8 is authorized.
2. Available oxygen must be <4.7%.
3. For concentrations <80% OP5 is allowed. For concentrations of at least 80% but <85%, OP4 is allowed. For concentrations of at least 85%, maximum
  package size is OP2.
4. The diluent may be replaced by di-tert-butyl peroxide.
5. Available oxygen must be <=9% with or without water.
6. For domestic shipments, OP5 is authorized.
7. Available oxygen must be <=8.2% with or without water.
8. Only non-metallic packagings are authorized.
9. For domestic shipments this material may be transported under the provisions of paragraph (h)(3)(xii) of this section.
10. [Reserved]
11. [Reserved]
12. Samples may only be offered for transportation under the provisions of paragraph (b)(2) of this section.
13. ``Corrosive'' subsidiary risk label is required.
14. [Reserved]
15. No ``Corrosive'' subsidiary risk label is required for concentrations below 80%.
16. With <6% di-tert-butyl peroxide.
17. With <=8% 1-isopropylhydroperoxy-4-isopropylhydroxybenzene.
18. Addition of water to this organic peroxide will decrease its thermal stability.
19. [Reserved]
20. Mixtures with hydrogen peroxide, water and acid(s).
21. With diluent type A, with or without water.
22. With >=36% diluent type A by mass, and in addition ethylbenzene.
23. With >=19% diluent type A by mass, and in addition methyl isobutyl ketone.
24. Diluent type B with boiling point >100 C.
25. No ``Corrosive'' subsidiary risk label is required for concentrations below 56%.
26. Available oxygen must be <=7.6%.
27. Formulations derived from distillation of peroxyacetic acid originating from peroxyacetic acid in a concentration of not more than 41% with water,
  total active oxygen less than or equal to 9.5% (peroxyacetic acid plus hydrogen peroxide).
28. For the purposes of this section, the names ``Peroxyacetic acid'' and ``Peracetic acid'' are synonymous.
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point >130 [deg]C (266[emsp14][deg]F).
31. Available oxygen <=6.7%.

* * * * *
    (e) * * *

                                                               Organic Peroxide IBC Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Maximum
                     UN No.                                  Organic peroxide               Type of IBC      quantity         Control        Emergency
                                                                                                             (liters)       temperature     temperature
--------------------------------------------------------------------------------------------------------------------------------------------------------
3109...........................................  ORGANIC PEROXIDE, TYPE F, LIQUID         ..............  ..............  ..............  ..............
                                                 tert-Butyl cumyl peroxide..............           31HA1            1000  ..............  ..............
                                                 tert-Butyl hydroperoxide, not more than             31A            1250  ..............  ..............
                                                  72% with water.
                                                 tert-Butyl peroxyacetate, not more than             31A            1250  ..............  ..............
                                                  32% in diluent type A.                           31HA1            1000
                                                 tert-Butyl peroxybenzoate, not more                 31A            1250  ..............  ..............
                                                  than 32% in diluent type A.
                                                 tert-Butyl peroxy-3,5,5-                            31A            1250  ..............  ..............
                                                  trimethylhexanoate, not more than 37%            31HA1            1000
                                                  in diluent type A.
                                                 Cumyl hydroperoxide, not more than 90%            31HA1            1250  ..............  ..............
                                                  in diluent type A.
                                                 Dibenzoyl peroxide, not more than 42%              31H1            1000  ..............  ..............
                                                  as a stable dispersion.
                                                 Di-tert-butyl peroxide, not more than               31A            1250  ..............  ..............
                                                  52% in diluent type B.                           31HA1            1000
                                                 1,1-Di-(tert-Butylperoxy) cyclohexane,              31A            1250  ..............  ..............
                                                  not more than 37% in diluent type A.
                                                 1,1-Di-(tert-butylperoxy) cyclohexane,             31H1            1000  ..............  ..............
                                                  not more than 42% in diluent type A.
                                                 Dicumyl peroxide, less than or equal to             31A            1250  ..............  ..............
                                                  100%.                                            31HA1            1000
                                                 Dilauroyl peroxide, not more than 42%,            31HA1            1000  ..............  ..............
                                                  stable dispersion, in water.
                                                 Isopropyl cumyl hydroperoxide, not more           31HA1            1250  ..............  ..............
                                                  than 72% in diluent type A.
                                                 p-Menthyl hydroperoxide, not more than            31HA1            1250  ..............  ..............
                                                  72% in diluent type A.

[[Page 15890]]

 
                                                 Peroxyacetic acid, stabilized, not more             31A            1500  ..............  ..............
                                                  than 17%.                                         31H1            1500
                                                                                                    31H2            1500
                                                                                                   31HA1            1500
                                                 Peroxyacetic acid, with not more than               31A            1500  ..............  ..............
                                                  26% hydrogen peroxide.                           31HA1            1500
                                                 Peroxyacetic acid, type F, stabilized..             31A            1500  ..............  ..............
                                                                                                   31HA1            1500
3110...........................................  ORGANIC PEROXIDE TYPE F, SOLID.........  ..............  ..............  ..............  ..............
                                                 Dicumyl peroxide, less than or equal to             31A            2000  ..............  ..............
                                                  100%.                                             31H1
                                                                                                   31HA1
3119...........................................  ORGANIC PEROXIDE, TYPE F, LIQUID,        ..............  ..............  ..............  ..............
                                                  TEMPERATURE CONTROLLED.
                                                 tert-Amyl peroxypivalate, not more than             31A            1250     + 10 [deg]C     + 15 [deg]C
                                                  32% in diluent type A.
                                                 tert-Butyl peroxy-2-ethylhexanoate, not           31HA1            1000     + 30 [deg]C     + 35 [deg]C
                                                  more than 32% in diluent type B.                   31A            1250     + 30 [deg]C     + 35 [deg]C
                                                 tert-Butyl peroxyneodecanoate, not more             31A            1250        0 [deg]C     + 10 [deg]C
                                                  than 32% in diluent type A.
                                                 tert-Butyl peroxyneodecanoate, not more             31A            1250       -5 [deg]C      + 5 [deg]C
                                                  than 52%, stable dispersion, in water.
                                                 tert-Butyl peroxypivalate, not more               31HA1            1000     + 10 [deg]C     + 15 [deg]C
                                                  than 27% in diluent type B.                        31A            1250     + 10 [deg]C     + 15 [deg]C
                                                 Di-(4-tert-butylcyclohexyl)                       31HA1            1000     + 30 [deg]C     + 35 [deg]C
                                                  peroxydicarbonate, not more than 42%,
                                                  stable dispersion, in water.
                                                 Dicetyl peroxydicarbonate, not more               31HA1            1000     + 30 [deg]C     + 35 [deg]C
                                                  than 42%, stable dispersion, in water.
                                                 Dicyclohexylperoxydicarbonate, not more             31A            1250     + 10 [deg]C     + 15 [deg]C
                                                  than 42% as a stable dispersion, in
                                                  water.
                                                 Di-(2-ethylhexyl) peroxydicarbonate,                31A            1250      -20 [deg]C      -10 [deg]C
                                                  not more than 62%, stable dispersion,            31HA1            1000      -20 [deg]C      -10 [deg]C
                                                  in water.
                                                 Diisobutyryl peroxide, not more than              31HA1            1000      -20 [deg]C      -10 [deg]C
                                                  28% as a stable dispersion in water.               31A            1250      -20 [deg]C      -10 [deg]C
                                                 Diisobutyryl peroxide, not more than              31HA1            1000      -25 [deg]C      -15 [deg]C
                                                  42% as a stable dispersion in water.               31A            1250      -25 [deg]C      -15 [deg]C
                                                 Dimyristyl peroxydicarbonate, not more            31HA1            1000     + 15 [deg]C     + 20 [deg]C
                                                  than 42%, stable dispersion, in water.
                                                 Di-(2-neodecanoylperoxyisopropyl)                   31A            1250      -15 [deg]C       -5 [deg]C
                                                  benzene, not more than 42%, stable
                                                  dispersion, in water.
                                                 Di-(3,5,5-trimethylhexanoyl) peroxide,            31HA1            1000     + 10 [deg]C     + 15 [deg]C
                                                  not more than 52% in diluent type A.               31A            1250     + 10 [deg]C     + 15 [deg]C
                                                 Di-(3,5,5-trimethylhexanoyl) peroxide,              31A            1250     + 10 [deg]C     + 15 [deg]C
                                                  not more than 52%, stable dispersion,
                                                  in water.
                                                 3-Hydroxy-1,1-dimethylbutyl peroxy-                 31A            1250      -15 [deg]C       -5 [deg]C
                                                  neodecanoate, not more than 52%,
                                                  stable dispersion, in water.
                                                 1,1,3,3-Tetramethylbutyl peroxy-2-                31HA1            1000      +15 [deg]C      +20 [deg]C
                                                  ethylhexanoate, not more than 67%, in
                                                  diluent type A.
                                                 1,1,3,3-Tetramethylbutyl                            31A            1250       -5 [deg]C      + 5 [deg]C
                                                  peroxyneodecanoate, not more than 52%,           31HA1            1000       -5 [deg]C      + 5 [deg]C
                                                  stable dispersion, in water.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
35. In Sec.  173.301, paragraphs (a)(1) and (2) are revised to read as 
follows:


Sec.  173.301  General requirements for shipment of compressed gases 
and other hazardous materials in cylinders, UN pressure receptacles and 
spherical pressure vessels.

    (a) * * *
    (1) Compressed gases must be in UN pressure receptacles built in 
accordance with the UN standards or in metal cylinders and containers 
built in accordance with the DOT and ICC specifications and part 178 of 
this subchapter in effect at the time of manufacture or CRC, BTC, CTC 
or TC specification, and requalified and marked as prescribed in 
subpart C in part 180 of this subchapter, if applicable. The DOT, ICC, 
CRC, BTC, CTC and TC specifications authorized for use are as follows:

                             Packagings \1\
 
 
 
2P                                          4AA480
2Q                                          4B
ICC-3 \2\                                   4B240ET
3A                                          4BA
3AA                                         4BW
3AL                                         4D
3AX                                         4DA
3A480X                                      4DS
3AAX                                        4E
3B                                          4L
3BN                                         8
3E                                          8AL
3HT                                         39
3T                                          ............................
 
\1\ Authorized CRC, BTC, CTC or TC specification cylinders that
  correspond with a DOT specification cylinder are listed in Sec.
  171.12(a)(4)(iii) of this subchapter.
\2\ Use of existing cylinders is authorized. New construction is not
  authorized.


[[Page 15891]]

    (2) A cylinder must be filled in accordance with this part, except 
that a ``TC'' cylinder must be filled in accordance with the Transport 
Canada TDG Regulations (IBR; see Sec.  171.7 of this subchapter). 
Before each filling of a cylinder, the person filling the cylinder must 
visually inspect the outside of the cylinder. A cylinder that has a 
crack or leak, is bulged, has a defective valve or a leaking or 
defective pressure relief device, or bears evidence of physical abuse, 
fire or heat damage, or detrimental rusting or corrosion, may not be 
filled and offered for transportation. A cylinder may be repaired and 
requalified only as prescribed in subpart C of part 180 of this 
subchapter.
* * * * *

0
36. In Sec.  173.301b, paragraphs (a)(2), (c)(1), and (g) are revised 
to read as follows:


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

    (a) * * *
    (2) The gases or gas mixtures must be compatible with the UN 
pressure receptacle and valve materials as prescribed for metallic 
materials in ISO 11114-1:2012(E) (IBR, see Sec.  171.7 of this 
subchapter) and for non-metallic materials in ISO 11114-2:2013(E) (IBR, 
see Sec.  171.7 of this subchapter).
* * * * *
    (c) * * *
    (1) When the use of a valve is prescribed, the valve must conform 
to the requirements in ISO 10297:2014(E) (IBR, see Sec.  171.7 of this 
subchapter). Until December 31, 2020, the manufacture of a valve 
conforming to the requirements in ISO 10297:2006(E) is authorized. 
Until December 31, 2008, the manufacture of a valve conforming to the 
requirements in ISO 10297:1999(E) (IBR, see Sec.  171.7 of this 
subchapter) is authorized.
* * * * *
    (g) Composite cylinders in underwater use. A composite cylinder 
certified to ISO-11119-2 or ISO-11119-3 may not be used for underwater 
applications unless the cylinder is manufactured in accordance with the 
requirements for underwater use and is marked ``UW'' as prescribed in 
Sec.  178.71(q)(18) of this subchapter.

0
37. In Sec.  173.303, paragraph (f)(1) is revised to read as follows:


Sec.  173.303  Charging of cylinders with compressed gas in a solution 
(acetylene).

* * * * *
    (f) * * *
    (1) UN cylinders and bundles of cylinders are authorized for the 
transport of acetylene gas as specified in this section.
    (i) Each UN acetylene cylinder must conform to ISO 3807:2013[euro]: 
(IBR, see Sec.  171.7 of this subchapter), have a homogeneous 
monolithic porous mass filler and be charged with acetone or a suitable 
solvent as specified in the standard. UN acetylene cylinders must have 
a minimum test pressure of 52 bar and may be filled up to the pressure 
limits specified in ISO 3807:2013(E). The use of UN tubes and MEGCs is 
not authorized.
    (ii) Until December 31, 2020, cylinders conforming to the 
requirements in ISO 3807-2(E) (IBR, see Sec.  171.7 of this 
subchapter), having a homogeneous monolithic porous mass filler and 
charged with acetone or a suitable solvent as specified in the standard 
are authorized. UN acetylene cylinders must have a minimum test 
pressure of 52 bar and may be filled up to the pressure limits 
specified in ISO 3807-2(E).
* * * * *

0
38. In 173.304b, paragraph (b)(5) is added to read as follows:


Sec.  173.304b  Additional requirements for shipment of liquefied 
compressed gases in UN pressure receptacles.

* * * * *
    (b) * * *
    (5) For liquefied gases charged with compressed gases, both 
components--the liquid phase and the compressed--have to be taken into 
consideration in the calculation of the internal pressure in the 
pressure receptacle. The maximum mass of contents per liter of water 
capacity shall not exceed 95 percent of the density of the liquid phase 
at 50 [deg]C (122[emsp14][deg]F); in addition, the liquid phase shall 
not completely fill the pressure receptacle at any temperature up to 60 
[deg]C (140[emsp14][deg]F). When filled, the internal pressure at 65 
[deg]C (149[emsp14][deg]F) shall not exceed the test pressure of the 
pressure receptacles. The vapor pressures and volumetric expansions of 
all substances in the pressure receptacles shall be considered. The 
maximum filling limits may be determined using the procedure in (3)(e) 
of P200 of the UN Recommendations.
* * * * *

0
39. Section 173.310 is revised to read as follows:


Sec.  173.310  Exceptions for radiation detectors.

    Radiation detectors, radiation sensors, electron tube devices, or 
ionization chambers, herein referred to as ``radiation detectors,'' 
that contain only Division 2.2 gases in non-refillable cylinders, are 
excepted from the specification packaging in this subchapter and, 
except when transported by air, from labeling and placarding 
requirements of this subchapter when designed, packaged, and 
transported as follows:
    (a) Radiation detectors must be single-trip, hermetically sealed, 
welded metal inside containers that will not fragment upon impact.
    (b) Radiation detectors must not have a design pressure exceeding 
5.00 MPa (725 psig) and a capacity exceeding 405 fluid ounces (731 
cubic inches). They must be designed and fabricated with a burst 
pressure of not less than three times the design pressure if the 
radiation detector is equipped with a pressure relief device, and not 
less than four times the design pressure if the detector is not 
equipped with a pressure relief device.
    (c) Radiation detectors must be shipped in a strong outer packaging 
capable of withstanding a drop test of at least 1.2 meters (4 feet) 
without breakage of the radiation detector or rupture of the outer 
packaging. If the radiation detector is shipped as part of other 
equipment, the equipment must be packaged in strong outer packaging or 
the equipment itself must provide an equivalent level of protection.
    (d) Emergency response information accompanying each shipment and 
available from each emergency response telephone number for radiation 
detectors must identify those receptacles that are not fitted with a 
pressure relief device and provide appropriate guidance for exposure to 
fire.
    (e) Except as provided paragraph (f) of this section, transport in 
accordance with this section must be noted on the shipping paper.
    (f) Radiation detectors, including detectors in radiation detection 
systems, are not subject to any other requirements of this subchapter, 
including shipping papers, if the detectors meet the requirements in 
paragraphs (a) through (d) of this section and the capacity of detector 
receptacles does not exceed 50 ml (1.7 oz.).

0
40. In Sec.  173.335, paragraph (a) is revised to read as follows:


Sec.  173.335  Chemical under pressure n.o.s.

    (a) General requirements. A cylinder filled with a chemical under 
pressure must be offered for transportation in accordance with the 
requirements of this section and Sec.  172.301 of this subchapter. In 
addition, a DOT specification cylinder must meet the requirements in 
Sec. Sec.  173.301a, 173.302, 173.302a, and 173.305, as applicable.

[[Page 15892]]

UN pressure receptacles must meet the requirements in Sec. Sec.  
173.301b, 173.302b, and 173.304b, as applicable. Where more than one 
section applies to a cylinder, the most restrictive requirements must 
be followed.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
41. 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
42. In Sec.  175.10, revise paragraph (a)(7) to read as follows:


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

    (a) * * *
    (7) A small medical or clinical mercury thermometer for personal 
use, when carried in a protective case in checked baggage.
* * * * *

0
43. Section 175.25 is revised to read as follows:


Sec.  175.25  Passenger notification system.

    (a) General. Each person who engages in for hire air transportation 
of passengers must effectively inform passengers about hazardous 
materials that passengers are forbidden to transport on aircraft and 
must accomplish this through the development, implementation, and 
maintenance of a passenger notification system.
    (b) Passenger notification system requirements. The passenger 
notification system required by paragraph (a) of this section must 
ensure that:
    (1) A passenger is presented with information required under 
paragraph (a) of this section at the point of ticket purchase or, if 
this is not practical, in another way prior to boarding pass issuance;
    (2) A passenger is presented with information required under 
paragraph (a) of this section at the point of boarding pass issuance 
(i.e. check-in), or when no boarding pass is issued, prior to boarding 
the aircraft;
    (3) A passenger, where the ticket purchase and/or boarding pass 
issuance can be completed by a passenger without the involvement of 
another person, acknowledges that they have been presented with the 
information required under paragraph (a) of this section; and
    (4) A passenger is presented with information required under 
paragraph (a) of this section at each of the places at an airport where 
tickets are issued, boarding passes are issued, passenger baggage is 
dropped off, aircraft boarding areas are maintained, and at any other 
location where boarding passes are issued and/or checked baggage is 
accepted. This information must include visual examples of forbidden 
hazardous materials.
    (c) Aircraft operator manual requirements. For certificate holders 
under 14 CFR parts 121 and 135, procedures and information necessary to 
allow personnel to implement and maintain the passenger notification 
system required in paragraphs (a) and (b) of this section must be 
described in an operations manual and/or other appropriate manuals in 
accordance with 14 CFR part 121 or 135.

0
44. In Sec.  175.33, revise paragraph (a)(3) to read as follows:


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

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

0
45. In Sec.  175.75:
0
a. Paragraphs (c) and (e)(1) are revised; and
0
b. In paragraph (f), in the QUANTITY AND LOADING TABLE, in Note 1, 
paragraph f. is added.
    The revisions and addition read as follows:


Sec.  175.75  Quantity limitations and cargo location.

* * * * *
    (c) For each package containing a hazardous material acceptable for 
carriage aboard passenger-carrying aircraft, no more than 25 kg (55 
pounds) net weight of hazardous material may be loaded in an 
inaccessible manner. In addition to the 25 kg limitation, an additional 
75 kg (165 pounds) net weight of Division 2.2 (non-flammable compressed 
gas) may be loaded in an inaccessible manner. The requirements of this 
paragraph (c) do not apply to Class 9, articles of Identification 
Numbers UN0012, UN0014, or UN0055 also meeting the requirements of 
Sec.  173.63(b) of this subchapter, articles of Identification Numbers 
UN3528 or UN3529, and Limited or Excepted Quantity material.
* * * * *
    (e) * * *
    (1) Class 3, PG III (unless the substance is also labeled 
CORROSIVE), Class 6.1 (unless the substance is also labeled for any 
hazard class or division except FLAMMABLE LIQUID), Division 6.2, Class 
7 (unless the hazardous material meets the definition of another hazard 
class), Class 9, articles of Identification Numbers UN0012, UN0014, or 
UN0055 also meeting the requirements of Sec.  173.63(b) of this 
subchapter, articles of Identification Numbers UN3528 or UN3529, and 
those marked as a Limited Quantity or Excepted Quantity material.
* * * * *
    (f) * * *
    Note 1: * * *
    f. Articles of Identification Numbers UN3528 or UN3529.
* * * * *

0
46. Section 175.900 is revised to read as follows:


Sec.  175.900   Handling requirements for carbon dioxide, solid (dry 
ice).

    Carbon dioxide, solid (dry ice) when shipped by itself or when used 
as a refrigerant for other commodities, may be carried only if the 
operator has made suitable arrangements based on the aircraft type, the 
aircraft ventilation rates, the method of packing and stowing, whether 
animals will be carried on the same flight and other factors. The 
operator must ensure that the ground staff is informed that the dry ice 
is being loaded or is on board the aircraft. For arrangements between 
the shipper and operator, see Sec.  173.217 of this subchapter. Where 
dry ice is contained in a unit load device (ULD) prepared by a single 
shipper in accordance with Sec.  173.217 of this subchapter and the 
operator after the acceptance adds additional dry ice, the operator 
must ensure that the information provided to the pilot-in-command and 
the marking on the ULD when used as a packaging reflects that revised 
quantity of dry ice.

PART 176--CARRIAGE BY VESSEL

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

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


0
48. In Sec.  176.83, paragraph (a)(4)(ii) is revised to read as 
follows:


Sec.  176.83  Segregation.

    (a) * * *

[[Page 15893]]

    (4) * * *
    (ii) Between hazardous materials of different classes which 
comprise a group of substances that do not react dangerously with each 
other. The following materials are grouped by compatibility:
    (A) Hydrogen peroxide, aqueous solutions with not less than 8 
percent but less than 20 percent hydrogen peroxide (stabilized as 
necessary); Hydrogen peroxide, aqueous solutions with not less than 20 
percent but not more than 40 percent hydrogen peroxide; Hydrogen 
peroxide, aqueous solutions with more than 40 percent but not more than 
60 percent hydrogen peroxide; Hydrogen peroxide and peroxyacetic acid 
mixtures, stabilized with acids, water and not more than 5 percent 
peroxyacetic acid; Organic peroxide type D, liquid; Organic peroxide 
type E, liquid; Organic peroxide type F, liquid;
    (B) Dichlorosilane, Silicon tetrachloride, and Trichlorosilane; and
    (C) Organometallic substance, solid, pyrophoric; Organometallic 
substance, liquid, pyrophoric; Organometallic substance, solid, 
pyrophoric, water-reactive; Organometallic substance, liquid, 
pyrophoric, water-reactive; Organometallic substance, solid, water-
reactive; Organometallic substance, solid, water-reactive, flammable; 
Organometallic substance, solid, water-reactive, self-heating; 
Organometallic substance, liquid, water-reactive; Organometallic 
substance, liquid, water-reactive, flammable; and Organometallic 
substance, solid, self-heating.
* * * * *

0
49. In Sec.  176.84(b), table provisions 149 and 150 are added in 
numerical order to read as follows:


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

    (b) * * *

 
------------------------------------------------------------------------
               Code                              Provisions
------------------------------------------------------------------------
 
                              * * * * * * *
149...............................  For engines or machinery containing
                                     fuels with flash point equal or
                                     greater than 23 [deg]C (73.4
                                     [deg]F) , stowage Category A.
150...............................  For uranium metal pyrophoric and
                                     thorium metal pyrophoric stowage,
                                     category D applies.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
50. Section 176.905 is revised to read as follows:


Sec.  176.905  Stowage of vehicles.

    (a) A vehicle powered by an internal combustion engine, a fuel 
cell, batteries or a combination thereof is subject to the following 
requirements when carried as cargo on a vessel:
    (1) Before being loaded on a vessel, each vehicle must be inspected 
for signs of leakage from batteries, engines, fuel cells, compressed 
gas cylinders or accumulators, or fuel tank(s) when applicable, and any 
identifiable faults in the electrical system that could result in short 
circuit or other unintended electrical source of ignition. A vehicle 
showing any signs of leakage or electrical fault may not be 
transported.
    (2) For flammable liquid powered vehicles, the fuel tank(s) 
containing the flammable liquid, may not be more than one fourth full 
and the flammable liquid must not exceed 250 L (66 gal) unless 
otherwise approved by the Associate Administrator.
    (3) For flammable gas powered vehicles, the fuel shut-off valve of 
the fuel tank(s) must be securely closed.
    (4) For vehicles with batteries installed, the batteries shall be 
protected from damage, short circuit, and accidental activation during 
transport. Except for vehicles with prototype or low production lithium 
batteries (see Sec.  173.185(d) of this subchapter) securely installed, 
each lithium battery must be of a type that has successfully passed 
each test in the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 
of this subchapter), as specified in Sec.  173.185(a) of this 
subchapter, unless approved by the Associate Administrator. Where a 
lithium battery installed in a vehicle is damaged or defective, the 
battery must be removed and transported according to Sec.  173.185(f) 
of this subchapter, unless otherwise approved by the Associate 
Administrator.
    (5) Whenever possible, each vehicle must be stowed to allow for its 
inspection during transportation.
    (6) Vehicles may be refueled when necessary in the hold of a vessel 
in accordance with Sec.  176.78.
    (b) All equipment used for handling vehicles must be designed so 
that the fuel tank and the fuel system of the vehicle are protected 
from stress that might cause rupture or other damage incident to 
handling.
    (c) Two hand-held, portable, dry chemical fire extinguishers of at 
least 4.5 kg (10 pounds) capacity each must be separately located in an 
accessible location in each hold or compartment in which any vehicle is 
stowed.
    (d) ``NO SMOKING'' signs must be conspicuously posted at each 
access opening to the hold or compartment.
    (e) Each portable electrical light, including a flashlight, used in 
the stowage area must be an approved, explosion-proof type. All 
electrical connections for any light must be made to outlets outside 
the space in which any vehicle is stowed.
    (f) Each hold or compartment must be ventilated and fitted with an 
overhead water sprinkler system or fixed fire extinguisher system.
    (g) Each hold or compartment must be equipped with a smoke or fire 
detection system capable of alerting personnel on the bridge.
    (h) All electrical equipment in the hold or compartment other than 
fixed explosion-proof lighting must be disconnected from its power 
source at a location outside the hold or compartment during the 
handling and transportation of any vehicle. Where the disconnecting 
means is a switch or circuit breaker, it must be locked in the open 
position until all vehicles have been removed.
    (i) Exceptions. A vehicle is not subject to the requirements of 
this subchapter if any of the following are met:
    (1) The vehicle is stowed in a hold or compartment designated by 
the administration of the country in which the vessel is registered as 
specially designed and approved for vehicles and there are no signs of 
leakage from the battery, engine, fuel cell, compressed gas cylinder or 
accumulator, or fuel tank, as appropriate. For vehicles with batteries 
connected and fuel tanks containing gasoline transported by U.S. 
vessels, see 46 CFR 70.10-1 and 90.10-38;
    (i) For vehicles powered solely by lithium batteries and hybrid 
electric vehicles powered by both an internal combustion engine and 
lithium metal or

[[Page 15894]]

ion batteries offered in accordance with this paragraph, the lithium 
batteries, except for prototype or those produced in low production, 
must be of a type that has successfully passed each test in the UN 
Manual of Tests and Criteria (IBR, see Sec.  171.7 of this subchapter), 
as specified in Sec.  173.185(a) of this subchapter. Where a lithium 
battery installed in a vehicle is damaged or defective, the battery 
must be removed.
    (ii) [Reserved]
    (2) The vehicle is powered by a flammable liquid that has a 
flashpoint of 38 [deg]C (100[emsp14][deg]F) or above, the fuel tank 
contains 450 L (119 gallons) of fuel or less, there are no leaks in any 
portion of the fuel system, and installed batteries are protected from 
short circuit;
    (3) The vehicle is powered by a flammable liquid fuel that has a 
flashpoint less than 38 [deg]C (100[emsp14][deg]F), the fuel tank is 
empty, and installed batteries are protected from short circuit. 
Vehicles are considered to be empty of flammable liquid fuel when the 
fuel tank has been drained and the vehicles cannot be operated due to a 
lack of fuel. Engine components such as fuel lines, fuel filters and 
injectors do not need to be cleaned, drained or purged to be considered 
empty. The fuel tank does not need to be cleaned or purged;
    (4) The vehicle is powered by a flammable gas (liquefied or 
compressed), the fuel tanks are empty and the positive pressure in the 
tank does not exceed 2 bar (29 psig), the fuel shut-off or isolation 
valve is closed and secured, and installed batteries are protected from 
short circuit;
    (5) The vehicle is solely powered by a wet or dry electric storage 
battery or a sodium battery, and the battery is protected from short 
circuit; or
    (6) The vehicle is powered by a fuel cell engine, the engine is 
protected from inadvertent operation by closing fuel supply lines or by 
other means, and the fuel supply reservoir has been drained and sealed.
    (j) Except as provided in Sec.  173.220(f) of this subchapter, the 
provisions of this subchapter do not apply to items of equipment such 
as fire extinguishers, compressed gas accumulators, airbag inflators 
and the like which are installed in the vehicle if they are necessary 
for the operation of the vehicle, or for the safety of its operator or 
passengers.

0
51. Section 176.906 is added to read as follows:


Sec.  176.906  Stowage of engines and machinery.

    (a) Any engine or machinery powered by internal combustion systems, 
with or without batteries installed, is subject to the following 
requirements when carried as cargo on a vessel:
    (1) Before being loaded on a vessel, each engine or machinery must 
be inspected for fuel leaks and identifiable faults in the electrical 
system that could result in short circuit or other unintended 
electrical source of ignition. Engines or machinery showing any signs 
of leakage or electrical fault may not be transported.
    (2) The fuel tanks of an engine or machinery powered by liquid fuel 
may not be more than one-fourth full.
    (3) Whenever possible, each engine or machinery must be stowed to 
allow for its inspection during transportation.
    (b) All equipment used for handling engines or machinery must be 
designed so that the fuel tank and the fuel system of the engines or 
machinery are protected from stress that might cause rupture or other 
damage incident to handling.
    (c) Two hand-held, portable, dry chemical fire extinguishers of at 
least 4.5 kg (10 pounds) capacity each must be separately located in an 
accessible location in each hold or compartment in which engine or 
machinery is stowed.
    (d) ``NO SMOKING'' signs must be conspicuously posted at each 
access opening to the hold or compartment.
    (e) Each portable electrical light, including a flashlight, used in 
the stowage area must be an approved, explosion-proof type. All 
electrical connections for any light must be made to outlets outside 
the space in which any engine or machinery is stowed.
    (f) Each hold or compartment must be ventilated and fitted with an 
overhead water sprinkler system or fixed fire extinguisher system.
    (g) Each hold or compartment must be equipped with a smoke or fire 
detection system capable of alerting personnel on the bridge.
    (h) All electrical equipment in the hold or compartment other than 
fixed explosion-proof lighting must be disconnected from its power 
source at a location outside the hold or compartment during the 
handling and transportation of any engine or machinery. Where the 
disconnecting means is a switch or circuit breaker, it must be locked 
in the open position until all engines or machinery has been removed.
    (i) Exceptions. (1) An engine or machinery is not subject to the 
requirements of this subchapter if the engine or machinery is empty of 
liquid or gaseous fuel(s), does not contain other dangerous goods, and 
installed batteries are protected from short circuit. An engine and 
machinery is considered to be empty of fuel when:
    (i) For liquid fuels, the liquid fuel tank has been drained and the 
mechanical equipment cannot be operated due to a lack of fuel. Engine 
and machinery components such as fuel lines, fuel filters and injectors 
do not need to be cleaned, drained or purged to be considered empty of 
liquid fuels. In addition, the liquid fuel tank does not need to be 
cleaned or purged;
    (ii) For gaseous fuels, the gaseous fuel tanks are empty of liquid 
(for liquefied gases), the positive pressure in the tanks does not 
exceed 2 bar (29 psig) and the fuel shut-off or isolation valve is 
closed and secured; or
    (iii) The engine or machinery is powered by a fuel cell engine and 
the engine is protected from inadvertent operation by closing fuel 
supply lines or by other means, and the fuel supply reservoir has been 
drained and sealed.
    (2) An engine or machinery is not subject to the requirements of 
this subchapter except for Sec.  173.185 of this subchapter and the 
vessel stowage provisions of column (10) of table Sec.  172.101 of this 
subchapter, if the following are met:
    (i) Any valves or openings (e.g. venting devices) for liquid fuels 
must be closed during transport;
    (ii) The engines or machinery must be oriented to prevent 
inadvertent leakage of dangerous goods and secured by means capable of 
restraining the engines or machinery to prevent any movement during 
transport which would change the orientation or cause them to be 
damaged;
    (iii) For UN 3528 and UN 3530:
    (A) Where the engine or machinery contains more than 60 L (16 Gal) 
of liquid fuel and has a capacity of not more than 450 L (119 Gal), it 
shall be labeled in accordance with subpart E of part 172 of this 
subchapter;
    (B) Where the engine or machinery contains more than 60 L of liquid 
fuel and has a capacity of more than 450 L (119 Gal) but not more than 
3,000 L (793 Gal), it shall be labeled on two opposing sides in 
accordance with Sec.  172.406(e) of this subchapter;
    (C) Where the engine or machinery contains more than 60 L (16 Gal) 
of liquid fuel and has a capacity of more than 3,000 L (793 Gal), it 
shall be placarded on two opposing sides in accordance with subpart F 
of part 172 of this subchapter; and
    (D) For UN 3530 the marking requirements of Sec.  172.322 of this 
subchapter also apply.
    (iv) For UN 3529:
    (A) Where the fuel tank of the engine or mechanical equipment has a 
water

[[Page 15895]]

capacity of not more than 450 L (119 Gal), the labeling requirements of 
subpart E of part 172 of this subchapter shall apply;
    (B) Where the fuel tank of the mechanical equipment has a water 
capacity of more than 450 L (119 Gal) but not more than 1,000 L (264 
Gal), it shall be labeled on two opposing sides in accordance with 
Sec.  172.406(e) of this subchapter;
    (C) Where the fuel tank of the mechanical equipment has a water 
capacity of more than 1,000 L (264 Gal), it shall be placarded on two 
opposing sides in accordance with subpart F of part 172 of this 
subchapter.
    (v) Except for engines or machinery offered in accordance with 
paragraph (i)(1) of this section, a shipping paper prepared in 
accordance with part 172 of this subchapter is required and shall 
contain the following additional statement ``Transport in accordance 
with Sec.  176.906.'' For transportation in accordance with the IMDG 
Code (IBR, see Sec.  171.7 of this subchapter) the following 
alternative statement is authorized ``Transport in accordance with IMDG 
Code special provision 363.''
    (j) Except as provided in Sec.  173.220(f) of this subchapter, the 
provisions of this subchapter do not apply to items of equipment such 
as fire extinguishers, compressed gas accumulators, airbag inflators 
and the like which are installed in the engine or machinery if they are 
necessary for the operation of the engine or machinery, or for the 
safety of its operator or passengers.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

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

0
53. In Sec.  178.71:
0
a. Revise paragraph (d)(2);
0
b. Add paragraph (g)(4);
0
c. Revise paragraphs (h), (k)(2), (l), and (o)(2);
0
d. Add paragraphs (q)(20) and (21); and
0
e. Revise paragraph (r).
    The revisions and additions read as follows:


Sec.  178.71  Specifications for UN pressure receptacles.

* * * * *
    (d) * * *
    (2) Service equipment must be configured or designed to prevent 
damage that could result in the release of the pressure receptacle 
contents during normal conditions of handling and transport. Manifold 
piping leading to shut-off valves must be sufficiently flexible to 
protect the valves and the piping from shearing or releasing the 
pressure receptacle contents. The filling and discharge valves and any 
protective caps must be secured against unintended opening. The valves 
must conform to ISO 10297:2014(E) or ISO 13340:2001(E) (IBR, see Sec.  
171.7 of this subchapter) for non-refillable pressure receptacles, and 
be protected as specified in Sec.  173.301b(f) of this subchapter. 
Until December 31, 2020, the manufacture of a valve conforming to the 
requirements in ISO 10297:2006(E) (IBR, see Sec.  171.7 of this 
subchapter) is authorized. Until December 31, 2008, the manufacture of 
a valve conforming to the requirements in ISO 10297:1999(E) (IBR, see 
Sec.  171.7 of this subchapter) is authorized.
* * * * *
    (g) * * *
    (4) ISO 9809-4:2014(E) (IBR, see Sec.  171.7 of this subchapter).
    (h) Design and construction requirements for UN refillable seamless 
aluminum alloy cylinders. In addition to the general requirements of 
this section, UN refillable seamless aluminum cylinders must conform to 
ISO 7866:2012(E) as modified by ISO 7866:2012/Cor.1:2014(E) (IBR, see 
Sec.  171.7 of this subchapter). Until December 31, 2020, the 
manufacture of a cylinder conforming to the requirements in ISO 7866(E) 
(IBR, see Sec.  171.7 of this subchapter) is authorized. The use of 
Aluminum alloy 6351-T6 or equivalent is prohibited.
* * * * *
    (k) * * *
    (2) The porous mass in an acetylene cylinder must conform to ISO 
3807:2013(E) (IBR, see Sec.  171.7 of this subchapter). Until December 
31, 2020, the manufacture of a cylinder conforming to the requirements 
in ISO 3807-2(E) (IBR, see Sec.  171.7 of this subchapter) is 
authorized.
    (l) Design and construction requirements for UN composite cylinders 
and tubes. (1) In addition to the general requirements of this section, 
UN composite cylinders and tubes must be designed for a design life of 
not less than 15 years. Composite cylinders and tubes with a design 
life longer than 15 years must not be filled after 15 years from the 
date of manufacture, unless the design has successfully passed a 
service life test program. The service life test program must be part 
of the initial design type approval and must specify inspections and 
tests to demonstrate that cylinders manufactured accordingly remain 
safe to the end of their design life. The service life test program and 
the results must be approved by the competent authority of the country 
of approval that is responsible for the initial approval of the 
cylinder design. The service life of a composite cylinder or tube must 
not be extended beyond its initial approved design life. Additionally, 
composite cylinders and tubes must conform to the following ISO 
standards, as applicable:
    (i) ISO 11119-1:2012(E) (IBR, see Sec.  171.7 of this subchapter). 
Until December 31, 2020, cylinders conforming to the requirements in 
ISO 11119-1(E), (IBR, see Sec.  171.7 of this subchapter) are 
authorized.
    (ii) ISO 11119-2:2012(E) (ISO 11119-2:2012/Amd.1:2014(E)) (IBR, see 
Sec.  171.7 of this subchapter). Until December 31, 2020, cylinders 
conforming to the requirements in ISO 11119-2(E) (IBR, see Sec.  171.7 
of this subchapter) are authorized.
    (iii) ISO 11119-3:2013(E) (IBR, see Sec.  171.7 of this 
subchapter). Until December 31, 2020, cylinders conforming to the 
requirements in ISO 11119-3(E) (IBR, see Sec.  171.7 of this 
subchapter) are authorized.
    (2) ISO 11119-2 and ISO 11119-3 gas cylinders of composite 
construction manufactured in accordance with the requirements for 
underwater use must bear the ``UW'' mark.
* * * * *
    (o) * * *
    (2) ISO 11114-2:2013(E) (IBR, see Sec.  171.7 of this subchapter).
* * * * *
    (q) * * *
    (20) For composite cylinders and tubes having a limited design 
life, the letters ``FINAL'' followed by the design life shown as the 
year (four digits) followed by the month (two digits) separated by a 
slash (i.e. ``/'').
    (21) For composite cylinders and tubes having a limited design life 
greater than 15 years and for composite cylinders and tubes having non-
limited design life, the letters ``SERVICE'' followed by the date 15 
years from the date of manufacture (initial inspection) shown as the 
year (four digits) followed by the month (two digits) separated by a 
slash (i.e. ``/'').
    (r) Marking sequence. The marking required by paragraph (q) of this 
section must be placed in three groups as shown in the example below:
    (1) The top grouping contains manufacturing marks and must appear 
consecutively in the sequence given in paragraphs (q)(13) through (19) 
of this section.
    (2) The middle grouping contains operational marks described in 
paragraphs (q)(6) through (11) of this section.

[[Page 15896]]

    (3) The bottom grouping contains certification marks and must 
appear consecutively in the sequence given in paragraphs (q)(1) through 
(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR30MR17.035

* * * * *

0
54. In Sec.  178.75, paragraph (d)(3)(iv) is redesignated as (d)(3)(v) 
and paragraph (d)(3)(iv) is added to read as follows:


Sec.  178.75  Specifications for MEGCs.

* * * * *
    (d) * * *
    (3) * * *
    (iv) ISO 9809-4:2014(E) Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 4: Stainless 
steel cylinders with an Rm value of less than 1 100 MPa (IBR, see Sec.  
171.7 of this subchapter).
* * * * *

0
55. In Sec.  178.1015, paragraph (f) is revised to read as follows:


Sec.  178.1015   General Flexible Bulk Container standards.

* * * * *
    (f) A venting device must be fitted to Flexible Bulk Containers 
intended to transport hazardous materials that may develop dangerous 
accumulation of gases within the Flexible Bulk Container. Any venting 
device must be designed so that external foreign substances or the 
ingress of water are prevented from entering the Flexible Bulk 
Container through the venting device under conditions normally incident 
to transportation.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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


0
57. In Sec.  180.205, paragraph (c) is revised to read as follows:


Sec.  180.205  General requirements for requalification of 
specification cylinders.

* * * * *
    (c) Periodic requalification of cylinders. Each cylinder bearing a 
DOT, CRC, BTC, or CTC specification marking must be requalified and 
marked as specified in the Requalification Table in this subpart or 
requalified and marked by a facility registered by Transport Canada in 
accordance with the Transport Canada TDG Regulations (IBR, see Sec.  
171.7 of this subchapter). Each cylinder bearing both a TC 
specification marking and also marked with a corresponding DOT 
specification marking must be requalified and marked as specified in 
the Requalification Table in this subpart or requalified and marked by 
a facility registered by Transport Canada in accordance with the 
Transport Canada TDG Regulations (IBR, see Sec.  171.7 of this 
subchapter). Each cylinder bearing a DOT special permit number must be 
requalified and marked in conformance with this section and the terms 
of the applicable special permit. Each cylinder bearing only a TC mark 
must be requalified and marked as specified in the Transport Canada TDG 
Regulations (IBR, see Sec.  171.7 of this subchapter), except that 
registration with Transport Canada is not required and cylinders must 
be marked with the requalifiers DOT issued requalifier identification 
number. No cylinder may be filled with a hazardous material and offered 
for transportation in commerce unless that cylinder has been 
successfully requalified and marked in accordance with this subpart. A 
cylinder may be requalified at any time during or before the month and 
year that the requalification is due. However, a cylinder filled before 
the requalification becomes due may remain in service until it is 
emptied. A cylinder with a specified service life may not be refilled 
and offered for transportation after its authorized service life has 
expired.
    (1) Each cylinder that is requalified in accordance with the 
requirements specified in this section must be marked

[[Page 15897]]

in accordance with Sec.  180.213 or the requirements of the Transport 
Canada TDG Regulations, or in the case of a TC cylinder requalified in 
the United States by a DOT RIN holder, in accordance with the 
requirements of the Transport Canada TDG Regulations except that 
registration with Transport Canada is not required and cylinders must 
be marked with the requalifiers DOT issued requalifier identification 
number.
    (2) Each cylinder that fails requalification must be:
    (i) Rejected and may be repaired or rebuilt in accordance with 
Sec.  180.211 or Sec.  180.212, as appropriate; or
    (ii) Condemned in accordance with paragraph (i) of this section.
    (3) For DOT specification cylinders, the marked service pressure 
may be changed upon approval of the Associate Administrator and in 
accordance with written procedures specified in the approval.
    (4) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AAX, 3B, 3BN, or 3T 
cylinder filled with gases in other than Division 2.2, from the first 
requalification due on or after December 31, 2003, the burst pressure 
of a CG-1, CG-4, or CG-5 pressure relief device must be at test 
pressure with a tolerance of plus zero to minus 10%. An additional 5% 
tolerance is allowed when a combined rupture disc is placed inside a 
holder. This requirement does not apply if a CG-2, CG-3 or CG-9 
thermally activated relief device or a CG-7 reclosing pressure valve is 
used on the cylinder.
* * * * *

0
58. In Sec.  180.207, paragraph (d)(3) is revised to read as follows:


Sec.  180.207  Requirements for requalification of UN pressure 
receptacles.

* * * * *
    (d) * * *
    (3) Dissolved acetylene UN cylinders: Each dissolved acetylene 
cylinder must be requalified in accordance with ISO 10462:2013(E) (IBR, 
see Sec.  171.7 of this subchapter). Until December 31, 2018 
requalification may be done in accordance with ISO 10462(E) (IBR, see 
Sec.  171.7 of this subchapter). The porous mass and the shell must be 
requalified no sooner than 3 years, 6 months, from the date of 
manufacture. Thereafter, subsequent requalifications of the porous mass 
and shell must be performed at least once every ten years.
* * * * *

0
59. In Sec.  180.211, paragraph (a) is revised and paragraph (g) is 
added to read as follows:


Sec.  180.211  Repair, rebuilding and reheat treatment of DOT-4 series 
specification cylinders.

    (a) General requirements for repair and rebuilding. Any repair or 
rebuilding of a DOT-4 series cylinder must be performed by a person 
holding an approval as specified in Sec.  107.805 of this chapter or by 
a registered facility in Canada in accordance with the Transport Canada 
TDG Regulations (IBR, see Sec.  171.7 of this subchapter). A person 
performing a rebuild function is considered a manufacturer subject to 
the requirements of Sec.  178.2(a)(2) and subpart C of part 178 of this 
subchapter. The person performing a repair, rebuild, or reheat 
treatment must record the test results as specified in Sec.  180.215. 
Each cylinder that is successfully repaired or rebuilt must be marked 
in accordance with Sec.  180.213.
* * * * *
    (g) Repair, rebuilding and reheat treatment in Canada. Repair, 
rebuilding, or reheat treatment of a DOT-4 series specification 
cylinder performed by a registered facility in Canada in accordance 
with the Transport Canada TDG Regulations (IBR, see Sec.  171.7 of this 
subchapter) is authorized.

0
60. In Sec.  180.212, paragraph (a)(1)(ii) is revised to read as 
follows:


Sec.  180.212  Repair of seamless DOT 3-series specification cylinders 
and seamless UN pressure receptacles.

    (a) * * *
    (1) * * *
    (ii) Except as provided in paragraph (b) of this section, the 
repair and the inspection is performed under the provisions of an 
approval issued under subpart H of part 107 of this chapter or by a 
facility registered by Transport Canada in accordance with the 
Transport Canada TDG Regulations (IBR; see Sec.  171.7 of this 
subchapter) and conform to the applicable cylinder specification or ISO 
standard contained in part 178 of this subchapter.
* * * * *

0
61. In Sec.  180.413, paragraph (a)(1)(iii) is added and paragraph (b) 
introductory text is revised to read as follows:


Sec.  180.413  Repair, modification, stretching, rebarrelling, or 
mounting of specification cargo tanks.

    (a) * * *
    (1) * * *
    (iii) A repair, as defined in Sec.  180.403, of a DOT specification 
cargo tank used for the transportation of hazardous materials in the 
United States may be performed by a facility in Canada in accordance 
with the Transport Canada TDG Regulations (IBR, see Sec.  171.7 of this 
subchapter) provided:
    (A) The facility holds a valid Certificate of Authorization from a 
provincial pressure vessel jurisdiction for repair;
    (B) The facility is registered in accordance with the Transport 
Canada TDG Regulations to repair the corresponding TC specification; 
and
    (C) All repairs are performed using the quality control procedures 
used to obtain the Certificate of Authorization.
    (b) Repair. The suitability of each repair affecting the structural 
integrity or lading retention capability of the cargo tank must be 
determined by the testing required either in the applicable 
manufacturing specification or in Sec.  180.407(g)(1)(iv). Except for a 
repair performed by a facility in Canada in accordance with paragraph 
(a)(1)(iii) of this section, each repair of a cargo tank involving 
welding on the shell or head must be certified by a Registered 
Inspector. The following provisions apply to specific cargo tank 
repairs:
* * * * *

0
62. In Sec.  180.605, paragraph (g)(1) is revised to read as follows:


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

* * * * *
    (g) * * *
    (1) The shell is inspected for pitting, corrosion, or abrasions, 
dents, distortions, defects in welds or any other conditions, including 
leakage, that might render the portable tank unsafe for transportation. 
The wall thickness must be verified by appropriate measurement if this 
inspection indicates a reduction of wall thickness;
* * * * *

    Issued in Washington, DC, on March 3, 2017 under authority 
delegated in 49 CFR 1.97.
Howard W. McMillan,
Acting Deputy Administrator, Pipeline and Hazardous Materials Safety 
Administration.
[FR Doc. 2017-04565 Filed 3-29-17; 8:45 am]
 BILLING CODE 4910-60-P