[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52878-52900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22114]
[[Page 52877]]
Vol. 83
Thursday,
No. 202
October 18, 2018
Part II
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 172 and 175
Hazardous Materials: Notification of the Pilot-in-Command and Response
to Air Related Petitions for Rulemaking; Final Rule
Federal Register / Vol. 83 , No. 202 / Thursday, October 18, 2018 /
Rules and Regulations
[[Page 52878]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 172 and 175
[Docket No. PHMSA-2015-0100 (HM-259)]
RIN 2137-AF10
Hazardous Materials: Notification of the Pilot-in-Command and
Response to Air Related Petitions for Rulemaking
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: PHMSA, in consultation with the Federal Aviation
Administration, issues this final rule to align the U.S. Hazardous
Materials Regulations with current international standards for the air
transportation of hazardous materials. These amendments revise certain
special provisions, packaging requirements, information to the pilot-
in-command requirements, and exceptions for passengers and crewmembers.
In addition to facilitating harmonization with international standards,
several of the amendments in this rule are responsive to petitions for
rulemaking submitted by the regulated community.
DATES:
Effective date: This rule is effective October 18, 2018.
Delayed compliance date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning
October 18, 2019.
FOR FURTHER INFORMATION CONTACT: Aaron Wiener, Office of Hazardous
Materials Standards, International Standards, (202) 366-4579, Pipeline
and Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, 2nd Floor, Washington, DC
20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Comment Discussion
A. Transportation by Air Intermediate Packaging Requirements for
Certain Low and Medium Danger Hazardous Materials (P-1637)
B. Quantity Limits for Portable Electronic Medical Devices
Carried by Passengers, Crewmembers, and Air Operators (P-1649)
C. Information to the Pilot-in-Command, Harmonization With the
ICAO Technical Instructions (P-1487)
D. Amendments to Package Inspection (P-1671) and Securing
Requirements
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866, Executive Order 13563, and DOT
Regulatory Policies and Procedures
C. Executive Order 13771
D. Executive Order 13132
E. Executive Order 13175
F. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
G. Paperwork Reduction Act
H. Regulation Identifier Number (RIN)
I. Unfunded Mandates Reform Act
J. Environmental Assessment
K. Privacy Act
L. Executive Order 13609 and International Trade Analysis
M. National Technology Transfer and Advancement Act
I. Background
On December 5, 2016, PHMSA (also ``we''), in consultation with the
Federal Aviation Administration (FAA), published a notice of proposed
rulemaking (NPRM) [Docket No. PHMSA-2015-0100 (HM-259); 81 FR 87510] to
amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
to align more closely with certain provisions of the International
Civil Aviation Organization's Technical Instructions for the Safe
Transport of Dangerous Goods by Air (ICAO Technical Instructions).
These amendments update miscellaneous regulatory requirements for
hazardous materials offered for transportation, or transported, in
commerce by aircraft. In addition, the NPRM proposed amendments in
response to four petitions for rulemaking submitted by the regulated
community. The petitions are included in the docket for this proceeding
and are discussed at length in Section II (Comment Discussion) of this
rulemaking. In the NPRM, the phrase ``notification to the pilot-in-
command'' and the acronym ``NOTOC'' were used. In this final rule,
consistent with the ICAO Technical Instructions, the phrase
``information to the pilot-in-command'' is used.
II. Comment Discussion
In response to the NPRM [81 FR 87510], PHMSA received comments from
the following organizations:
Air Line Pilots Association (ALPA)
Airlines for America (A4A)
Council on Safe Transportation of Hazardous Articles (COSTHA)
Dangerous Goods Advisory Council (DGAC)
United Parcel Service (UPS)
See below for discussion of the comments received and PHMSA's
determined action in this final rule. This section addresses comments
made to proposals to revise the HMR based on petitions for rulemaking.
Additional comments are addressed in Section III (Section-by-Section
Review) of this rulemaking.
A. Transportation by Air Intermediate Packaging Requirements for
Certain Low and Medium Danger Hazardous Materials (P-1637)
The DGAC petitioned PHMSA to remove the additional intermediate
packaging requirements found in special provisions A3 and A6, see 49
CFR 172.102(b)(2), by deleting these special provisions and all
references to them in the Hazardous Materials Table (HMT) in Sec.
172.101. See P-1637.\1\ Special provisions A3 and A6 apply to certain
commodities as assigned in column (7) of the HMT when transported by
aircraft:
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\1\ See https://www.regulations.gov/docket?D=PHMSA-2014-0094.
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Special provision A3 states that if glass inner packagings
are used for transportation of referenced commodities, they must be
packed with absorbent material in tightly closed metal receptacles
before being packed in outer packagings.
Special provision A6 states that if plastic inner
packagings are used for transportation of referenced commodities, they
must be packed in tightly closed metal receptacles before being packed
in outer packagings.
The petitioner notes that the packaging requirements imposed by
special provisions A3 and A6 are domestic provisions not found in the
ICAO Technical Instructions and that maintaining these differences
creates both a trade barrier to U.S. exports and a burden to the
domestic market. The petitioner contends that the requirement for
``metal receptacles'' is overly restrictive and provides a competitive
advantage to shippers in countries that allow these products to be
shipped without additional intermediate packagings.
The petitioner further notes that the following requirements in
Sec. 173.27(d) and (e) of the HMR make special provisions A3 and A6
unnecessary: (1) When transported by air, inner packagings of Packing
Group (PG) I materials currently assigned A3, A6, or both are already
required to be packed in either a rigid and leakproof receptacle or an
intermediate packaging containing sufficient absorbent material to
absorb the entire contents of the inner
[[Page 52879]]
packaging before packing the inner packaging in its outer package; and
(2) PG II and III commodities are already subject to secondary closure
requirements. Therefore, the petitioner asks that the intermediate
packaging requirements in special provisions A3 and A6 be removed.
Section 173.27(d) of the HMR establishes the type of closure
required for transportation of liquid hazardous materials by air. It
states that the inner packaging for PG I liquid hazardous materials
must have a secondary means of closure applied. The inner packaging for
PG II or III liquid hazardous materials must have a secondary closure
applied unless the secondary closure is impracticable. If the secondary
closure is impracticable, the closure requirements for PG II and III
liquids may be satisfied by securely closing the inner packaging and
placing it in a leakproof liner or bag before placing the inner
packaging in the outer packaging.
Section 173.27(e) sets the absorbency requirements for PG I liquid
hazardous materials of Classes 3, 4, or 8, or Divisions 5.1 or 6.1,
when the materials are packaged in glass, earthenware, plastic, or
metal inner packagings and offered for transport by air. It requires
that inner packagings be packed in a rigid and leakproof receptacle or
intermediate packaging that is sufficiently absorbent to absorb the
entire contents of the inner packaging before the inner package is
packed in the outer package.
In the NPRM, PHMSA proposed to: (1) Amend special provision A3 in
Sec. 172.102 to authorize rigid and leakproof receptacles for
intermediate packaging; (2) remove references to special provision A3
from assigned PG I entries in the HMT; and (3) remove references to
special provision A6 from assigned liquids in the HMT.
PHMSA received positive feedback from commenters. Specifically,
ALPA and UPS expressed support for this amendment. The DGAC also
expressed support for the proposed amendment; however, consistent with
their petition, DGAC continues to believe that the secondary closure
requirements in Sec. 173.27(d) satisfy the provisions in A3, making A3
unnecessary for PG II and III materials.
As stated in the NPRM, PHMSA agrees that current requirements in
Sec. 173.27(d) and (e) make special provisions A3 and A6 unnecessarily
redundant for liquid PG I materials. We also agree that the
requirements in Sec. 173.27(d) for inner packagings to have a
secondary means of closure or a leakproof liner or bag adequately
address the hazards that special provision A6 was designed to mitigate
for PG II and III materials. As commenters did not provide any
supplemental information or justification for the removal of special
provision A3 from the assigned PG II and III entries other than
originally included in the petition, PHMSA maintains its position
stated in the NPRM that the material of construction of the inner
packaging referenced in special provision A3 (glass) necessitates an
intermediate packaging to perform a containment function in the event
an inner packaging breaks. Therefore, PHMSA is maintaining the
intermediate packaging requirements for PG II and III materials in
special provision A3; however, we are amending special provision A3 to
authorize rigid and leakproof receptacles for use as intermediate
packagings that are currently limited to metal construction. This will
provide a wider range of intermediate packaging options to shippers of
hazardous materials subject to special provision A3.
Additionally, in the NPRM, PHMSA solicited comment on maintaining
special provision A6 for currently assigned solid materials or whether
revisions to the packaging provisions for these materials should be
considered in a future rulemaking. Special provision A6 is currently
assigned to four solid materials (UN Nos. 1326, 1390, 1889, and 3417)
in the HMT. Unlike the liquids currently assigned special provision A6,
these solid materials are not subject to the intermediate or secondary
packaging provisions in Sec. 173.27. PHMSA received two comments in
support of removing special provision A6 from the currently assigned
solid materials. The DGAC commented that the special provision is
unnecessary because these solid materials are not subject to the
intermediate or secondary packaging requirements. UPS supports removing
the special provision provided the packaging provisions in Sec. 173.27
are modified to require secondary or intermediate containment for these
commodities. Based on the comments received, PHMSA will consider
removing special provision A6 from the four solid materials in a future
rulemaking.
B. Quantity Limits for Portable Electronic Medical Devices Carried by
Passengers, Crewmembers, and Air Operators (P-1649)
Phillips Healthcare petitioned PHMSA to revise Sec.
175.10(a)(18)(i) to increase the quantity limits applicable to the
transportation of portable medical electronic devices (e.g., automated
external defibrillators (AED); nebulizers; continuous positive airway
pressure (CPAP) devices containing lithium metal batteries; and spare
batteries) carried on aircraft by passengers and crewmembers. See P-
1649.\2\ The current HMR requirements limit all lithium metal batteries
carried on an aircraft by passengers or crewmembers for personal use to
a lithium content of not more than 2 grams per battery. The ICAO
Technical Instructions allow portable medical electronic devices
containing lithium metal batteries and spare batteries for these
devices to contain up to 8 grams of lithium content per battery to be
carried by passengers with the approval of the operator. The petitioner
stated:
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\2\ See https://www.regulations.gov/docket?D=PHMSA-2015-0107.
A global increase in air travel, as well as a growing aged
population in many countries, makes it reasonable to assume that
there will be a significant increase in older passengers and
passengers with illness. An automated external defibrillator can
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make the difference between life and death during cardiac arrest.
The petitioner further asserted that the current HMR requirements
prohibit many people who need to travel with their portable medical
electronic devices from doing so because the lithium content exceeds
the amount allowed.
In addition, the petitioner noted that increasing the quantity
limits for portable medical electronic devices containing lithium metal
batteries and spare batteries would be consistent with section 828 of
the ``FAA Modernization and Reform Act of 2012'' (Pub. L. 112-98, 126
Stat. 133; Feb. 14, 2012),\3\ which prohibits the Secretary of
Transportation from issuing or enforcing any regulation or other
requirement regarding the air transportation of lithium cells or
batteries if the requirement is more stringent than the requirements of
the ICAO Technical Instructions.
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\3\ See http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt381/pdf/CRPT-112hrpt381.pdf.
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In the NPRM, PHMSA proposed to amend Sec. 175.10(a)(18)(i) to
authorize passengers and crewmembers to carry on board an aircraft
lithium metal battery-powered portable medical electronic devices and
two spare batteries for those devices exceeding 2 grams of lithium
content per battery, but not exceeding 8 grams of lithium content per
battery, with the approval of the operator.
PHMSA received three comments from A4A, COSTHA, and DGAC in support
of the proposed amendment.
[[Page 52880]]
A4A commented that the current inability of passengers and crewmembers
to carry lithium metal battery-powered portable medical electronic
devices exceeding 2 grams imposes unnecessary travel restrictions for
passengers with medical needs requiring the equipment. DGAC commented
that harmonization with the ICAO Technical Instructions on this issue
will benefit the travelers by allowing them to carry life-saving
medical devices.
In contrast, ALPA provided comments that oppose the proposed
amendment, stating that they do not support changing regulations based
on the end use of batteries. Specifically, ALPA notes ``batteries
installed in a medical device can be the same as used in a non-medical
device . . . and are not inherently safer than non-medical devices.''
PHMSA agrees with ALPA that hazardous materials are not generally
regulated by end-use application when offered as cargo, but rather on
the hazard posed during transport. In addition, PHMSA does not dispute
ALPA's assertion that lithium batteries used in medical devices present
the same hazard as lithium batteries used in non-medical devices.
However, the exceptions for passengers and crewmembers prescribed in
Sec. 175.10 do not apply to cargo consignments. Instead, they are
based on the need of individual passengers and crewmembers to carry
personal items containing relatively small quantities of hazardous
materials for common ``end-use'' items subject to certain conditions.
In the 2011-2012 edition of the ICAO Technical Instructions, the 2-gram
limit was expanded for medical devices only. Specifically, the limit
was expanded to allow for medical devices known to exceed these limits,
notably Automated External Defibrillators (AEDs), which typically had a
lithium content between 4 and 8 grams.\4\ Therefore, PHMSA is adopting
the amendment to Sec. 175.10(a)(18) as proposed in the NPRM consistent
with the provisions of the ICAO Technical Instructions.
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\4\ See paragraph 5.4.10 of ICAO Dangerous Goods Panel Working
Paper DGP/22-WP/100 (October 2009).
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In addition to the comments above, A4A and COSTHA recommended that
PHMSA extend this allowance for lithium metal battery-powered portable
medical electronic devices exceeding current regulatory limits to all
portable electronic devices powered by lithium metal batteries. They
stated that maintaining differences between medical and non-medical
devices increases training costs, adds confusion, and the risk of
potential inadvertent non-compliance by aircraft operators who elect to
approve portable medical devices exceeding 2 grams of lithium content
per battery, but not exceeding 8 grams of lithium content per battery.
As this proposal was not presented in the December 5, 2016 NPRM, it is
considered beyond the scope of the rulemaking and is not addressed in
this final rule.
C. Information to the Pilot-in-Command, Harmonization With the ICAO
Technical Instructions (P-1487)
UPS petitioned PHMSA to revise the information to the pilot-in-
command requirements to match the ICAO Technical Instructions. The
pilot-in-command must receive the information in order to appropriately
consider the presence, amount, and location of hazardous materials
onboard the aircraft in an emergency. See P-1487.\5\ This information,
which also includes the hazard classification, proper shipping name,
and packing group of the hazardous materials onboard the aircraft can
help inform the decision-making of the pilot-in-command. If an in-
flight emergency did occur, the pilot-in-command or the operator's
ground personnel would need to convey information to air traffic
control and/or emergency responders in order to support a safe and
effective response.
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\5\ See https://www.regulations.gov/docket?D=PHMSA-2006-26159.
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In its petition, UPS asked PHMSA to amend the domestic information
to the pilot-in-command requirements in Sec. 175.33 to reduce what it
considers extraneous information and more closely align the HMR with
existing international practices. The petitioner stated that
harmonization with more elements of the ICAO Technical Instructions'
information to the pilot-in-command requirements will reduce the
regulatory burden for operators, as well as the costs associated with
training employees and contract personnel to two sets of standards.
In the NPRM, PHMSA proposed adding each of the following
requirements to the HMR:
1. The operator must provide to the flight dispatcher \6\ the same
information as provided on the information to the pilot-in-command;
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\6\ For the purposes of this rulemaking the ``flight
dispatcher'' refers to the personnel with responsibilities for
operational control of the aircraft (e.g., the flight operations
officer, flight dispatcher, or designated ground personnel
responsible for flight operations).
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2. The information must be provided to the pilot-in-command and
flight dispatchers prior to an aircraft moving under its own power;
3. The air operator must retain the pilot-in-command's confirmation
via signature or other appropriate indication that the required
information was received; and
4. The person responsible for loading the aircraft must provide a
signed confirmation or other form of indication that no damaged or
leaking packages or packages showing evidence of damage or leakage were
loaded on the aircraft.
PHMSA received comments from A4A, ALPA, DGAC, COSTHA, and UPS
providing general support for aligning the information to the pilot-in-
command requirements with the ICAO Technical Instructions. UPS
commented, ``This action will improve consistency between the HMR and
ICAO, thereby promoting clarity of requirements, and overall compliance
and safety in flight for operations around the world.'' DGAC commented,
``. . . Harmonizing the provisions of the HMR with those in the ICAO
will provide for enhanced safety, minimize potential for errors,
enhance training in only one set of harmonized requirements, and
otherwise minimize costs of maintaining two systems of operations.''
These and other general changes discussed below will result in
PHMSA harmonizing with the ICAO Technical Instructions in regards to
the information required to be provided in the information to the
pilot-in-command.
Requirement that the operator provide the same information
to the flight dispatcher that is required to be provided to the pilot-
in-command. In an emergency, a flight dispatcher may be more readily
able to communicate with air traffic control and emergency responders
about the nature and location of hazardous materials onboard an
aircraft than the pilot-in-command. Harmonizing with the ICAO Technical
Instructions and requiring flight dispatchers to have the same
information as the pilot-in-command regarding the nature, amounts, and
locations of hazardous materials improves information sharing in an
emergency situation. Incorporating this provision into the HMR is also
relevant to the National Transportation Safety Board's (NTSB) Safety
Recommendation A-11-042, which recommends that the FAA ``develop a
method to quickly communicate information regarding the number of
persons on board and the presence of hazardous materials to emergency
responders when airport
[[Page 52881]]
emergency response or search and rescue is activated.'' \7\
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\7\ See http://www.ntsb.gov/safety/safety-recs/recletters/A-11-039-047.pdf.
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Consistent with the ICAO Technical Instructions, operators are
responsible to specify the personnel to be provided the information to
the pilot-in-command in their operations manual and/or other
appropriate manuals. The term ``provided'' covers the information to
the pilot-in-command when made available in a handwritten, printed, or
electronic format.
Providing an additional and potentially quicker means for airport
rescue and firefighting (ARFF) personnel to receive the information to
the pilot-in-command underscores that the ARFF community is as much an
intended consumer of the information as is the pilot-in-command. ARFF
training in hazardous materials incidents is required under 14 CFR part
139, which specifies the FAA's requirements for certificated airports.
PHMSA received comments from A4A, COSTHA, and UPS concerning use of
the term ``written'' in the proposed paragraphs Sec. 175.33(a) and
(b)(2). A4A and COSTHA commented that the ``accurate and legible
written information'' language in proposed Sec. 175.33(a) and the
``copy of the written notification'' language in proposed Sec.
175.33(b)(2) do not support electronic notification method as air
operators continue to move away from paper documents towards electronic
systems for messaging and direct information upload to, and retrieval
from, the cockpit. In their comments, A4A stated, ``Electronic storage
and messaging allows the most up-to-date and accurate documentation to
be retrieved by flight crews, dispatchers and ground personnel at any
time, providing a safety enhancement in addition to considerable cost
and environmental benefits.'' UPS commented that including the
``legible written'' language in the proposed Sec. 175.33(a) allows for
the interpretation that a printed information to the pilot-in-command
is required for issuance to the pilot-in-command, as well as having the
unintended effect of requiring printed information to be furnished to a
flight dispatcher or equivalent operator employee. UPS explained that
large carrier operations such as theirs would face difficulties as
``information is readily available in other formats and the task of
managing printed copies would be inefficient and contrary to
technological advances.'' The three commenters provided similar
alternative language removing the word ``written'' from paragraphs (a)
and (b)(2).
The intent of the NPRM was to more closely align the information to
the pilot-in-command provisions in the HMR with those in the ICAO
Technical Instructions. Consistent with the language in the NPRM, the
current requirements in both regulations require that the operator of
the aircraft provide the pilot-in-command with ``accurate and legible
written information.'' Chapter 7;4.1.1 b) of the ICAO Technical
Instructions requires that the aircraft operator provide personnel with
responsibilities for operation control of the aircraft (e.g., flight
dispatcher) with the same information required to be provided to the
pilot-in-command. The ICAO requirement is followed by an example
indicating that an operator may satisfy this requirement by providing
the flight dispatcher with a copy of the written information provided
to the pilot-in-command. However, the requirement in the ICAO Technical
Instructions, while using the phrase ``copy of the written
information'' as an example, does not specify the format or method in
which the information is provided to the flight dispatcher, but rather
only that the information is the same as provided to the pilot-in-
command.
PHMSA agrees that the term ``written'' may not be clear to everyone
that the use of an electronic format for the information to the pilot-
in-command is allowed. Based on the information provided by the three
commenters, this final rule revises paragraphs (a) and (b)(2) to
clarify that for the purposes of Sec. 175.33, ``written'' means in a
handwritten, printed, or an electronic format. Therefore, the
information provided to both the pilot-in-command and the flight
dispatcher may be provided legibly in writing (e.g. handwritten,
printed, or electronic format) provided all requirements of the section
are met. We recognize the trend of providing the pilot-in-command and
flight dispatchers with operational data through electronic means and
that the use of electronic means to supplement the pilot-in-command
with information about cargo, including hazardous materials, is
consistent with current practices. The FAA recognizes that there are
multiple electronic means that operators may use to provide information
to their pilot-in-command and flight dispatchers.
Requirement that the information to the pilot-in-command
be provided to the pilot and flight dispatchers prior to an aircraft
moving under its own power. The current HMR require the pilot-in-
command to receive written information meeting the requirements in
Sec. 175.33 as early as practicable before departure of the aircraft.
Consistent with the ICAO Technical Instructions, PHMSA believes that
this information should be provided to both the pilot-in-command and
flight dispatchers prior to the aircraft moving under its own power.
The pilot-in-command should not be burdened with additional information
or processes during taxiing and final preparations for takeoff. This
change would also allow the pilot-in-command additional time to address
any safety concerns identified after a review of the information before
taxiing. For example, the pilot-in-command will be more likely to have
the opportunity to physically inspect (e.g., packages, paperwork,
etc.), ask questions, or otherwise act on the information if they
receive the information prior to the aircraft moving.
Requirement that the air operator obtains and retains a
confirmation (e.g., a signed confirmation from the pilot-in-command or
notation via an operator's computer system) that the information was
received by the pilot-in-command. The current HMR require the
information to be provided to the pilot-in-command by the operator and
for the operator to maintain a record of the information to the pilot-
in-command for 90 days, but there is no requirement for the pilot-in-
command to indicate receipt of the information. To be consistent with
the ICAO Technical Instructions, PHMSA is requiring the operator to
obtain and retain documentation of the pilot-in-command's receipt of
the information.
Requirement for the information provided to the pilot-in-
command to have a signed confirmation or some other indication from the
person responsible for loading the aircraft that no evidence of damaged
or leaking packages were loaded on the aircraft. The current HMR
require a confirmation that no damaged or leaking packages were loaded
on board an aircraft, but there is no requirement for a signature or
other means of verification from the person responsible for loading the
aircraft. The requirement for the information provided to the pilot-in-
command to have a signed confirmation or other indication from the
person responsible for loading ensures that there is no evidence of
damage to or leakage from the packages or evidence of leakage from the
unit load device loaded on an aircraft which provides for a more
accountable safety system.
General harmonization with the ICAO Technical Instructions
in regards to information required to be provided in the information to
the pilot-in-
[[Page 52882]]
command associated with (and linked to) requirements for shipping
papers. The current HMR require the additional description requirements
of Sec. Sec. 172.202 and 172.203 to be provided in the information to
the pilot-in-command. These additional information requirements
necessitate the inclusion of items such as descriptions of the physical
or chemical form of radioactive materials, an indication that the
materials being transported are packaged under limited quantity
exceptions, an indication that marine pollutants are present, etc. By
aligning with the ICAO Technical Instructions, PHMSA believes that the
removal of additional description requirements from the information to
the pilot-in-command will result in decreased complexity and training
costs for operators without negatively impacting safety. In the NPRM,
we invited comment from the ARFF community pertaining to the effect
this proposed rule would have had on past incident or accident
responses; however, as no comments were received, we are removing the
additional description requirements from the information to the pilot-
in-command requirements as proposed.
The current HMR contain a requirement that the information to the
pilot-in-command prepared in accordance with the ICAO Technical
Instructions must also include any additional elements required to be
shown on shipping papers by subpart C of part 171 of this subchapter.
The additional elements currently required are: An indication of the
``EX Number'' for Division 1.4G safety devices; an indication of ``RQ''
and technical names if applicable for hazardous substances; an
indication that the hazardous material is a ``Waste'' for hazardous
wastes; and the inclusion of the words ``Poison-Inhalation Hazard'' or
``Toxic-Inhalation Hazard'' and the words ``Zone A,'' ``Zone B,''
``Zone C,'' or ``Zone D'' for gases, or ``Zone A'' or ``Zone B'' for
liquids, as appropriate for Division 2.3 materials meeting the
definition of a material poisonous by inhalation. PHMSA is removing the
requirement for the information to the pilot-in-command made in
accordance with the ICAO Technical Instructions to include these
additional elements. This information will still be required on
shipping papers.
General harmonization between the HMR information to the pilot-in-
command requirements and those found in the ICAO Technical Instructions
ensures consistency for operators subject to both regulatory systems,
thus reducing the cost of complying with two different sets of
standards. However, the HMR will continue to require that the date of
the flight be included on the information to the pilot-in-command,
while the current ICAO Technical Instructions do not. Maintaining the
flight date adds another safety control to ensure the pilot-in-command
has the correct form. As many operators already include the date as a
part of their information provided to the pilot-in-command, this
amendment will not create an undue administrative burden. PHMSA
received one comment from UPS providing support for maintaining the
flight date on the information to the pilot-in-command. The ICAO
Dangerous Goods Panel (DGP) took action in October 2016 to amend the
ICAO Technical Instructions to include the flight date as one of the
required fields on the information to the pilot-in-command. This change
will align with the HMR and is expected to be reflected in the 2019-
2020 ICAO Technical Instructions.
In the NPRM, PHMSA proposed maintaining the existing requirement
that a hazardous material carried under the terms of a special permit
must be indicated on the information to the pilot-in-command. PHMSA
received a comment from UPS stating that the existing term ``special
permit'' is too focused on U.S. regulations. They note that parallel
ICAO provision, in Part 7; Section 4.1.1.1 j) refers to a requirement
to include, ``where applicable, an indication that the dangerous goods
are being carried under a State exemption.'' UPS suggested that the
proposed language should be broadened to include a reference to an
``equivalent document issued by the appropriate authority of another
country,'' thereby reducing potential variation from the ICAO
requirement. PHMSA agrees. Therefore, consistent with the ICAO
Technical Instructions, this final rule adds ``or under a State
exemption as prescribed in the ICAO Technical Instructions'' in
addition to ``special permit.'' ICAO defines ``exemption'' as being
equivalent to a special permit under the HMR. An ``exemption'' does not
include approvals, which are not required to be indicated on the
information to the pilot-in-command.
In their comments, A4A and COSTHA stated that carriers do not
prepare the information to the pilot-in-command when the hazardous
material does not require a shipping paper, noting that the HMR do not
require a shipping paper for lithium cells or batteries prepared in
accordance with Sec. 173.185(c) or the corresponding Section II of
ICAO Packing Instructions (PI) 965-970. The commenters noted that part
7;4.1.11, Table 7-9 provides a list of dangerous goods not required to
appear in the information to the pilot-in-command. The list includes
entries for lithium batteries consigned under the entries UN3090,
UN3091, UN3480, and UN3481 when meeting the requirements of Section II
of PI 965-970. The commenters noted that the HMR do not have a
corresponding exception for these same materials prepared even though a
shipping paper is not required. Both commenters suggested incorporating
the ICAO provisions by either adding Table 7-9 into Sec. 175.33 or by
adding a specific exception stating that lithium batteries prepared in
accordance with Sec. 173.185(c) are not required to appear on the
information to the pilot-in-command. COSTHA suggested adding exceptions
in Sec. 175.33 for all materials listed in Table 7-9 of the ICAO
Technical Instructions such as excepted quantities and ``UN3373 and
Biological substance, Category B'' among others.
PHMSA agrees that in instances when a shipping paper is not
required, the information for that material is generally not required
to appear on the information to the pilot-in-command either. Because a
shipping paper contains the information from which the elements of the
information to the pilot-in-command are derived, it is impracticable to
prepare the information for materials not requiring a shipping paper.
We also agree that the HMR do not have a clear exception from the
information to the pilot-in-command requirement for lithium batteries
prepared in accordance with Sec. 173.185(c), which corresponds with
Section II of ICAO PI 965-970. Other materials listed in Table 7-9,
such as those offered in excepted quantities (Sec. 173.4a), and
``UN3373 and Biological substance, Category B'' (Sec. 173.199) are
sufficiently addressed in their relevant section of the HMR, with an
indication that the materials are not otherwise subject to the
requirements of the subchapter, to include the requirements of Sec.
175.33, if the applicable conditions are met. Therefore, this final
rule clarifies in Sec. 175.33(a)(13) that lithium batteries prepared
in accordance with Sec. 173.185(c) are not required to appear on the
information to the pilot-in-command, which corresponds with Section II
of the applicable ICAO packing instruction.
D. Amendments to Package Inspection (P-1671) and Securing Requirements
Labelmaster Services petitioned PHMSA to amend Sec. 175.30(c)(1)
by removing language prohibiting any package, outside container, or
overpack
[[Page 52883]]
containing hazardous materials from being transported on an aircraft if
it has holes. See P-1671.\8\ The petitioner noted that operators and
freight forwarders have declined to transport packages with minor
abrasions, tears, dents, cuts, small holes, or other minor damage from
normal conditions of transportation and handling. Even where these
examples of minor damage or holes did not compromise the packaging's
integrity, operators and freight forwarders declined to transport them
on the basis of Sec. 175.30(c)(1).
---------------------------------------------------------------------------
\8\ See https://www.regulations.gov/docket?D=PHMSA-2015-0281.
---------------------------------------------------------------------------
PHMSA believes the current restriction prohibiting acceptance of
any of these containment methods with holes to be overly prescriptive,
especially as the paramount safety requirement is that there must not
be any indication that the integrity of the containment method has been
compromised. In the NPRM, consistent with the ICAO Technical
Instructions, PHMSA proposed to amend Sec. 175.30(c)(1) to remove
language prohibiting packages or overpacks containing hazardous
materials from being transported on an aircraft simply due to the
presence of holes when the holes do not compromise the integrity of the
containment device.
PHMSA received comments from A4A, COSTHA, DGAC, and UPS in response
to the proposed revision. The DGAC commented in support of the proposed
revision as it enhances harmonization and does not compromise safety.
UPS commented in support of the proposed revision, noting that the risk
of transporting such packages aboard aircraft would not be elevated,
and was also supportive of the NPRM preamble language, stating
operators are ultimately responsible for the decision to accept such a
package for transportation. In their comments, A4A and COSTHA provided
support for the NPRM preamble language, stating that operators may
continue to have more restrictive standards as a part of their business
practice; however, they expressed concern on how package integrity
determinations are to be made and whether enforcement officials will
accept the aircraft operator's conclusion. COSTHA also commented that
aircraft operators receive ``knowing'' or ``constructive knowledge''
violations for non-compliance with the HMR, further noting that
accidental damage is not a ``knowing'' violation but that an operator
accepting a package with a small hole or abrasion could be considered a
``knowing'' violation as operators are prohibited from transporting
damaged packages aboard aircraft.
PHMSA expects that the majority of determinations applicable to
small holes on the integrity of a package or overpack will be quite
evident. If an air operator has any doubt on whether the integrity of
the package or overpack has been compromised, and potentially is not
suitable for transportation aboard aircraft, it should not be accepted
for transport in its present condition. Further, a package or overpack
containing only superficial damage not affecting the integrity, and not
prohibited by Sec. 175.30(c)(1), would not be considered a damaged
package or overpack.
As stated in the NPRM, PHMSA believes the current restriction
prohibiting acceptance of any package or overpack with holes to be
overly prescriptive, especially as the paramount safety requirement is
that there must not be any indication that the integrity of the
containment method has been compromised. Therefore, this final rule
adopts the revision to Sec. 175.30 as proposed in the December 5, 2016
NPRM with minor editorial clarifications. In reviewing the section
during development of the final rule, PHMSA determined that the term
``outside container'' is not applicable. As per the definition of
``strong outer packaging'' in Sec. 171.8, it is synonymous with
``strong outer container''. Therefore ``outside container'' has the
same meaning as outer packaging. Outer packaging is a component of a
package, which is already listed. As a result, in this final rule PHMSA
is removing ``outside container'' from paragraphs (b) and (c). In
addition, in the NPRM, PHMSA proposed to include ``freight container''
and ``unit load device'' in the list of containment devices contained
in paragraph (c). The intent was to align with the provisions in ICAO
Technical Instructions, but further review found that there is no such
provision in the ICAO Technical Instructions. In Part 7;1.3.1 i) of the
ICAO Technical Instructions there is a requirement to verify freight
containers and unit load devices are not leaking and there is no
indication that the integrity has been compromised; however, this is
under the activity of conducting an acceptance checklist which the HMR
do not require. As a result, in this final rule, we are not listing
``freight containers'' or ``unit load devices'' in paragraph (c).
Section 175.88 prescribes requirements for inspection, orientation,
and securing packages of hazardous materials aboard aircraft. In the
NPRM, PHMSA proposed revisions to Sec. 175.88(c) to require hazardous
materials loaded in an aircraft to be protected from damage, including
by the movement of baggage, mail, stores, or other cargo, and further
harmonize specific portions of the general loading/securement
requirements pertaining to appropriate securing and loading practices
of the HMR with those found in the ICAO Technical Instructions.
Specifically, PHMSA proposed to revise Sec. 175.88(c) by separating
the provisions of the existing paragraph (c) into new subparagraphs (1)
and (4), and adding subparagraphs (2) and (3) to align with part
7;2.4.3 of the ICAO Technical Instructions that reads as follows:
When dangerous goods subject to the provisions herein are loaded
in an aircraft, the operator must protect the packages of dangerous
goods from being damaged, including by the movement of baggage,
mail, stores or other cargo. Particular attention must be paid to
the handling of packages during their preparation for transport, the
type of aircraft on which they are to be carried and the method
required to load that aircraft, so that accidental damage is not
caused through dragging or mishandling of the packages.
PHMSA received three comments from A4A, COSTHA, and UPS in response
to the proposed revisions. The commenters stated that the manner in
which the proposed paragraphs are structured may have the unintended
effect of applying to activities outside of the aircraft loading
process, resulting in subjective conditions that could lead to
inappropriate enforcement. COSTHA commented that the proposed
requirements ``could be interpreted to prohibit industry standard
processing and movement of packages and baggage at sorting facilities
or conveyor belt operations used to move packages.'' A4A and UPS
commented on the use of ``dragging'' in proposed paragraph (c)(3). A4A
asserted that normal cargo handling practices could be ``construed by
an inspector'' as ``dragging'' or inadequate protection resulting in a
violation and that ``such practices include loading of unit load
devices and the holds of narrow-body, non-containerized aircraft by
leveraging smooth floor surfaces to slide packages into place.'' UPS
commented that the established industry practice of sliding of packages
on surfaces (e.g., tables, conveyor belts, floors and other surfaces)
may be subject to proposed language in Sec. 175.88(c)(3), noting that
the term ``dragging'' would introduce a basis for enforcement personnel
to misinterpret industry package handling methods. UPS further
commented that there are aircraft holds, such as those with low
ceilings, in which the positioning of or removal of packages
[[Page 52884]]
necessitates the sliding or dragging of such packages.
In addition, the commenters suggested that the proposed text is
unnecessary because other requirements in the HMR, such as those in
Sec. Sec. 175.30 and 175.90(c), already prevent the loading of damaged
packages containing hazardous materials aboard aircraft.
The intent of the revisions to Sec. 175.88(c) is to ensure that
hazardous materials are not loaded in an inappropriate manner and that
accidental damage is not caused during the loading process. The safety
gap addressed in this final rule covers the movement of hazardous
materials during the aircraft loading process until the cargo is
secured aboard the aircraft. PHMSA acknowledges that certain aircraft
types or configurations necessitate sliding or dragging to position the
cargo aboard the aircraft. An example of this type of aircraft would be
passenger aircraft, which contain smaller ``lower hold'' cargo
configurations. These ``lower hold'' configurations are typically 3-4
feet in height, in which operator personnel must get on their knees due
to the small hold area and items must be maneuvered by pushing,
pulling, and sliding cargo.
PHMSA has reviewed the existing requirements in Sec. 175.88(c),
and while these requirements ensure that packages are inspected for
damage upon initial acceptance by the operator and forbid placing
aboard an aircraft baggage or cargo that is contaminated with hazardous
material or appears to be leaking, they do not address accidental
damage that may be caused through mishandling of the packages during
the loading process. PHMSA agrees that the paragraph structure could be
misinterpreted to apply to situations outside of the loading process.
Therefore, this final rule revises paragraph (c)(3) consistent with the
language suggested by COSTHA in their comments.
III. Section-by-Section Review
The following is a section-by-section review of the amendments in
this final rule:
Part 172
Section 172.101
Section 172.101 contains the Hazardous Materials Table (HMT) and
provides instructions for its use. Section 172.101(h) describes column
(7) of the HMT, which specifies codes for special provisions applicable
to hazardous materials. In this final rule, PHMSA is revising the
column (7) special provisions.
Specifically, PHMSA is removing: (1) Special provision A3 from all
assigned PG I HMT entries in column (7); and (2) special provision A6
from all assigned liquid HMT entries in column (7). Table 1 illustrates
the HMT entries for which changes are proposed:
Table 1
------------------------------------------------------------------------
Proper shipping name UN ID No. SP deletion
------------------------------------------------------------------------
Acetaldehyde.............................. UN1089 A3
Acetic acid, glacial or Acetic acid UN2789 A6
solution, with more than 80 percent acid,
by mass.
Acetic acid solution, not less than 50 UN2790 A6
percent but not more than 80 percent
acid, by mass.
Acetic anhydride.......................... UN1715 A6
Acetyl chloride........................... UN1717 A6
Alkali metal alloys, liquid, n.o.s........ UN1421 A3
Alkali metal amalgam, liquid.............. UN1389 A3
Alkali metal dispersions, flammable or UN3482 A3
Alkaline earth metal dispersions,
flammable.
Alkali metal dispersions, or Alkaline UN1391 A3
earth metal dispersions.
Alkylphenols, liquid, n.o.s. (including C2- UN3145 A6
C12 homologues) (PG I).
Allyl iodide.............................. UN1723 A6
Amines, liquid, corrosive, flammable, UN2734 A3, A6
n.o.s. or Polyamines, liquid, corrosive,
flammable, n.o.s. (PG I).
Amines, liquid, corrosive, n.o.s., or UN2735 A3, A6
Polyamines, liquid, corrosive, n.o.s. (PG
I).
Amyl mercaptan............................ UN1111 A6
Antimony pentafluoride.................... UN1732 A6
Benzyl chloroformate...................... UN1739 A3, A6
Boron trifluoride diethyl etherate........ UN2604 A3
Butyl mercaptan........................... UN2347 A6
Chlorite solution......................... UN1908 A6
2-Chloropropene........................... UN2456 A3
Chromium oxychloride...................... UN1758 A3, A6
Chromosulfuric acid....................... UN2240 A3, A6
Corrosive liquid, acidic, inorganic, UN3264 A6
n.o.s. (PG I).
Corrosive liquid, acidic, organic, n.o.s. UN3265 A6
(PG I).
Corrosive liquid, basic, inorganic, n.o.s. UN3266 A6
(PG I).
Corrosive liquid, basic, organic, n.o.s. UN3267 A6
(PG I).
Corrosive liquid, self-heating, n.o.s. (PG UN3301 A6
I).
Corrosive liquids, flammable, n.o.s. (PG UN2920 A6
I).
Corrosive liquids, n.o.s. (PG I).......... UN1760 A6
Corrosive liquids, oxidizing, n.o.s....... UN3093 A6
Corrosive liquids, toxic, n.o.s. (PG I)... UN2922 A6
Corrosive liquids, water-reactive, n.o.s.. UN3094 A6
Dichloroacetic acid....................... UN1764 A6
Dichloroacetyl chloride................... UN1765 A6
Difluorophosphoric acid, anhydrous........ UN1768 A6
Disinfectant, liquid, corrosive, n.o.s.... UN1903 A6
Dyes, liquid, corrosive, n.o.s. or Dye UN2801 A6
intermediates, liquid, corrosive, n.o.s.
(PG I).
Ethyl mercaptan........................... UN2363 A6
Ethyldichlorosilane....................... UN1183 A3
Fluoroboric acid.......................... UN1775 A6
Fluorophosphoric acid anhydrous........... UN1776 A6
Fluorosilicic acid........................ UN1778 A6
[[Page 52885]]
Fluorosulfonic acid....................... UN1777 A3, A6
Hexafluorophosphoric acid................. UN1782 A6
Hydrazine, anhydrous...................... UN2029 A3, A6
Hydriodic acid (PG II).................... UN1787 A6
Hydrobromic acid, with not more than 49 UN1788 A6
percent hydrobromic acid (PG II).
Hydrochloric acid (PG II)................. UN1789 A6
Hydrofluoric acid and Sulfuric acid UN1786 A6
mixtures.
Hydrofluoric acid, with more than 60 UN1790 A6
percent strength.
Hydrofluoric acid, with not more than 60 UN1790 A6
percent strength.
Hydrogen peroxide and peroxyacetic acid UN3149 A6
mixtures, stabilized with acids, water,
and not more than 5 percent peroxyacetic
acid.
Hydrogen peroxide, aqueous solutions with UN2014 A6
not less than 20 percent but not more
than 40 percent hydrogen peroxide
(stabilized as necessary).
Lithium aluminum hydride, ethereal........ UN1411 A3
Mercaptans, liquid, flammable, toxic, UN1228 A6
n.o.s. or Mercaptan mixtures, liquid,
flammable, toxic, n.o.s. (PG III).
Mercaptans, liquid, toxic, flammable, UN3071 A6
n.o.s. or Mercaptan mixtures, liquid,
toxic, flammable, n.o.s., flash point not
less than 23 degrees C.
Methyldichlorosilane...................... UN1242 A3
Morpholine................................ UN2054 A6
Nitric acid other than red fuming, with at UN2031 A6
least 65 percent, but not more than 70
percent nitric acid.
Nitric acid other than red fuming, with UN2031 A6
more than 20 percent and less than 65
percent nitric acid.
Nitric acid other than red fuming, with UN2031 A6
not more than 20 percent nitric acid.
Nitric acid other than red fuming, with UN2031 A3
more than 70 percent nitric acid.
Nitrohydrochloric acid.................... UN1798 A3
Nitrosylsulfuric acid, liquid............. UN2308 A6
Organotin compounds, liquid, n.o.s. (PG I) UN2788 A3
Oxidizing liquid, corrosive, n.o.s. (PG I) UN3098 A6
Oxidizing liquid, n.o.s. (PG I)........... UN3139 A6
Oxidizing liquid, toxic, n.o.s. (PG I).... UN3099 A6
Perchloric acid with more than 50 percent UN1873 A3
but not more than 72 percent acid, by
mass.
Phosphorus tribromide..................... UN1808 A6
Propanethiols............................. UN2402 A6
Propylene oxide........................... UN1280 A3
1,2-Propylenediamine...................... UN2258 A6
Propyleneimine, stabilized................ UN1921 A3
Selenium oxychloride...................... UN2879 A3, A6
Silicon tetrachloride..................... UN1818 A6
Sulfur chlorides.......................... UN1828 A3
Sulfuric acid, fuming with less than 30 UN1831 A3
percent free sulfur trioxide.
Trichloroacetic acid, solution............ UN2564 A6
Trifluoroacetic acid...................... UN2699 A3, A6
Valeryl chloride.......................... UN2502 A6
Vanadium oxytrichloride................... UN2443 A6
Vanadium tetrachloride.................... UN2444 A3, A6
Vinyl ethyl ether, stabilized............. UN1302 A3
Xylyl bromide, liquid..................... UN1701 A6
------------------------------------------------------------------------
Section 172.102 Special Provisions
Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. PHMSA is
replacing the existing requirement for tightly closed metal receptacles
in special provision A3 from Sec. 172.102(b)(2), which applies only to
transportation by aircraft, with a requirement for rigid and leakproof
receptacles or intermediate packaging packed with absorbent material.
Part 175
Section 175.10
Section 175.10 provides exceptions for passengers, crewmembers, and
air operators. PHMSA is revising Sec. 175.10(a)(18)(i) to authorize
passengers and crewmembers to carry on board aircraft portable medical
electronic devices containing lithium metal batteries with a lithium
content exceeding 2 grams per battery, but not exceeding 8 grams of
lithium content per battery, and no more than two individually
protected lithium metal spare batteries for these portable medical
electronic devices each exceeding 2 grams of lithium content, but not
exceeding 8 grams of lithium content, with the approval of the
operator. Consistent with the ICAO Technical Instructions and the
current HMR prohibitions, spare lithium batteries (i.e., batteries that
are not packed with or contained in equipment) of any type and for any
application continue to be prohibited from checked baggage. FAA's
Safety Alert to Operators (SAFO) 15010 Carriage of Spare Lithium
Batteries in Carry-on and Checked Baggage \9\ provides additional
guidance to operators on this issue.
---------------------------------------------------------------------------
\9\ (SAFO) 15010 Carriage of Spare Lithium Batteries in Carry-on
and Checked Baggage.
---------------------------------------------------------------------------
Section 175.30
Section 175.30 prescribes requirements for the inspection and
acceptance of hazardous materials.
[[Page 52886]]
PHMSA is revising Sec. 175.30(c)(1) to no longer prohibit packages or
overpacks containing hazardous materials from being transported on an
aircraft if there are one or more holes present when the hole(s) or
other indications do not indicate compromised integrity to the package
or overpack.
Section 175.33
Section 175.33 establishes requirements for shipping papers and the
information to the pilot-in-command when hazardous materials are
transported by aircraft. PHMSA is making revisions to harmonize the
information to the pilot-in-command requirements in the HMR with those
found in the ICAO Technical Instructions. Specifically, we are making
revisions to:
Align the elements that are required to be provided in the
information to the pilot-in-command;
Clarify that information to the pilot-in-command may be in
an electronic form;
Ensure the information to the pilot-in-command is provided
to flight dispatchers or, when flight dispatchers are not utilized,
other ground support personnel with operational control of the
aircraft;
Harmonize with ICAO requirements addressing when the
information must be provided to the pilot-in-command and flight
dispatchers;
Require confirmation via signature or other appropriate
indication by the pilot-in-command to indicate that the required
information was received;
Clarify that UN3480, UN3481, UN3090, and UN3091 prepared
in accordance with Sec. 173.185(c), except Sec. 173.185(c)(4)(vi),
are not required to appear on the information to the pilot-in-command;
and
Require that the information provided to the pilot-in-
command contain confirmation via signature or other appropriate
indication by the person responsible for loading the aircraft that no
damaged or leaking packages or packages showing evidence of damage or
leakage have been loaded on the aircraft.
Consistent with the ICAO Technical Instructions, we are also
amending Sec. 175.33 by removing the requirement to include additional
informational requirements in Sec. 175.33(a)(1)(i) and (ii). This
information will continue to be required on shipping papers.
PHMSA has restructured Sec. 175.33 to separate the requirements
for the information to the pilot-in-command from those for shipping
papers to address comments to the NPRM from UPS stating that the
proposed text is confusing and suggesting revisions to improve clarity.
Section 175.88
Section 175.88 prescribes requirements for inspection, orientation,
and securing packages of hazardous materials aboard aircraft. PHMSA is
amending Sec. 175.88(c) by separating the provisions of the existing
paragraph (c) into new subparagraphs (1) and (4), and adding
subparagraphs (2) and (3) to align with part 7;2.4.3 of the ICAO
Technical Instructions. Specifically, these new paragraphs will require
that hazardous materials be: (1) Secured in an aircraft in a manner
that will prevent any change in the orientation of the packages; (2)
protected from damage, including by the movement of baggage, mail,
stores, or other cargo; (3) loaded so that accidental damage is not
caused through dragging or mishandling; and (4) Class 7 (radioactive)
materials be secured in a manner that ensures that the separation
requirements of Sec. Sec. 175.701 and 175.702 will be maintained at
all times during flight.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the statutory authority of the
Federal hazardous materials transportation law (Federal hazmat law). 49
U.S.C. 5101 et seq. Section 5103(b) of the Federal hazmat law
authorizes the Secretary of Transportation to prescribe regulations for
the safe transportation, including security, of hazardous materials in
intrastate, interstate, and foreign commerce. Section 5120(b) of the
Federal hazmat law authorizes the Secretary of Transportation to ensure
that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. The Secretary has
delegated these authorizations to the Administrator for PHMSA. See 49
CFR 1.97.
This final rule amends regulations to increase alignment with
international standards by incorporating various amendments, including
changes to special provisions, packaging requirements, air transport
information to the pilot-in-command requirements, and allowances for
hazardous materials to be carried on board an aircraft by passengers
and crewmembers. To this end, this final rule amends regulations to
more fully align the HMR with the ICAO Technical Instructions. The
large volume of hazardous materials transported in international
commerce warrants the harmonization of domestic and international
requirements to the greatest extent possible.
Harmonization serves to facilitate international commerce, while
also promoting the safety of people, property, and the environment by
reducing the potential for confusion and misunderstanding that could
result if shippers and operators were required to comply with two or
more conflicting sets of regulatory requirements. PHMSA's goal is to
harmonize without sacrificing the current HMR level of safety or
imposing undue burdens on the regulated community. We consulted the FAA
in the development of this rule.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866, ``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. 44 FR 11034 (Feb. 26,
1979).
Benefits of the Rule
PHMSA analyzed the expected benefits of these provisions in this
final rule. Typically, the benefits of rules are derived from (1)
enhanced health and safety factors and (2) reduced expenditures, such
as private-sector savings, government administrative savings, gains in
work time, harmonization impacts, and costs of compliance. In the case
of this final rule, most of the benefits will be derived from health
and safety factors, as well as reduced compliance costs.
The health and safety benefits specifically attributable to
modifications of the information to the pilot-in-command requirements
are not easily calculable with any degree of accuracy. The requirements
for pilot-in-command's signature and confirmation from the person
responsible for loading the aircraft will result in more effective and
efficient response in the event of an aviation incident. The
requirement that packages be protected from damage during loading
operations will result in increased safety and environmental
protection. Benefits will also be realized through a more efficient
response time because of emergency response personnel having quicker
access to hazardous materials information for each flight.
[[Page 52887]]
Cost Reducing Aspects of Harmonization
The primary cost savings expected from this final rule result from
reduced packaging costs in relation to the removal of special provision
A3 from all assigned PG I HMT entries and special provision A6 from all
assigned liquid HMT entries. Additionally, while they have not been
quantified, PHMSA expects cost savings from the final rule's general
harmonization of information to the pilot-in-command requirements and
support for the use of electronic formats.
Currently, compliance with special provisions A3 and A6 requires
domestic shippers to use extra \10\ or more expensive \11\ materials.
Shippers also incur higher freight charges for shipping packages with
higher package weights.\12\ PHMSA estimates that the partial removal of
A3 and complete removal of A6 for liquids, as well as that of the
associated intermediate packaging requirements, will provide
undiscounted annual cost savings of $1,814,643 in reduced packaging
costs to shippers.
---------------------------------------------------------------------------
\10\ A metal container enclosing either a plastic or glass
container.
\11\ A metal or glass container rather than a plastic container.
\12\ Having a metal container enclosing a plastic/glass
container will add weight. Likewise, using a metal or glass
container rather than a plastic container will add weight.
---------------------------------------------------------------------------
To arrive at these cost savings, PHMSA (1) analyzed commodity flow
survey data for commodities assigned A3, A6, or both in the HMR; (2)
determined an estimate of total tons of freight for affected
commodities offered for transportation by aircraft annually; (3) used
this general commodity flow survey data to estimate the number of
impacted packages; and (4) determined a cost basis for packages
prepared under existing requirements versus requirements in this final
rule.
A summary of the cost savings calculation method is as follows.
PHMSA estimated the cost savings by comparing the difference in costs
between the pre- and post-final rule options for each shipping scenario
identified for commodities potentially subject to A3 or A6. For the
purposes of this analysis, we assumed that relatively inexpensive
metal, plastic, and glass packaging could be used for inner and
intermediate receptacles. There are no costs specifically attributable
to the A3 compliance requirements because the least cost option for
shipping is to use metal or plastic containers, and A3 applies to
shipments in glass containers. While some commodities are shipped in
glass containers due to various factors (e.g. ensuring product
composition is maintained, customer demand, or specific retail
requirements), the analysis assumed that shippers always choose the
least cost option. We were unable to quantify the number of A3
shipments that are currently voluntarily offered in glass inner
packagings. The potential cost savings per package are due to increased
flexibility posed by the use of any rigid intermediate packaging
instead of the single metal type currently required.
PHMSA estimated the compliance costs attributable to A6 compliance
requirements, which vary by type of shipment and packaging type. For
example, the difference in the compliance cost for a one-gallon
shipment using UN specification packaging for materials corrosive to
metal is estimated at $3.82 for Packing Groups I, II or III. The
estimated number of tons subject to A6 for UN specification packaging
(corrosive to metal and PG I) is 641. The number of packages affected
depends on the average inner receptacle volumes applicable to each
packing group and restriction type. These calculations assume that the
density of the chemicals is the same as that of water (i.e., one ton of
each affected commodity has a volume of 239.65 gallons). Therefore, if
the number of gallons per package for a commodity corrosive to metal
and PG I is 0.66, the estimated number of packages per ton for that
commodity is 363 (239.65/0.66). Thus, the total number of packages is
232,683 packages = 363 packages/ton multiplied by 641 tons. The total
annual shipping cost difference is estimated at $889,434 by multiplying
the cost difference per package noted above of $3.82 by the number of
affected packages, 232,836. Similarly, PHMSA estimates the annual
shipping cost difference for UN specification packaging for PG I
materials not corrosive to metal at $159,150 and the total annual
shipping cost difference for PG II materials corrosive and not
corrosive to metal at $766,059. Therefore, the annual shipping cost
difference for all PGs is estimated at $1,814,643 ($889,434 + $159,150
+ $766,059).
The reduced expenditure cost savings associated with the general
harmonization of the information to the pilot-in-command requirements
are not easily calculable. Inconsistent hazardous materials regulations
result in additional compliance costs for industry and increase
compliance training efforts, whereas consistency of regulations reduces
regulatory compliance costs and helps to avoid rejected or frustrated
shipments. Clarifying that the term ``written'' in the information to
the pilot-in-command applies to handwritten, printed, or electronic
formats supports the use of electronic methods as air operators
continue to move away from paper documents and towards electronic
systems. Cost savings may be realized by utilizing existing messaging
systems for direct upload of information to and retrieval from, the
cockpit. In addition, there may be cost savings for operators electing
to use electronic information methods as they will not have to
physically print the information for use and retention purposes. PHMSA
expects the increased harmonization of the HMR and ICAO Technical
Instructions to generate cost savings by streamlining the processes for
information to the pilot-in-command generation.
Costs of Harmonization
The primary costs associated with this final rule are time costs
related to requirements for (1) confirmation via signature or other
appropriate indication by the person responsible for loading the
aircraft that no damaged or leaking packages were loaded on the
aircraft, and (2) confirmation via signature or other appropriate
indication by the pilot-in-command to indicate that the required
information was received. PHMSA estimates the annual costs associated
with harmonizing the HMR information to the pilot-in-command
requirements with those found in the ICAO Technical Instructions to be
$795,318. This estimate is the total annual costs in 2016 dollars of
the additional costs for pilot ($465,966) and loader ($106,845)
acknowledgements plus HMR training costs ($222,507).
A summary of the annual cost calculation is as follows. PHMSA
estimates there are between 1,056 and 9,920 projected flights \13\
daily carrying hazmat that would be subject to harmonized HMR and ICAO
information to the pilot-in-command requirements with a mean daily
value of 5,415 (1,976,475 annual). The estimated pilot acknowledgement
cost of $0.24\14\ (based on average pilot salary and five seconds per
action) per information received by the pilot-in-command multiplied by
the estimated annual number of associated flights results in a total
cost of $465,966. Person(s) responsible for loading the aircraft costs
were calculated in the same manner as pilots but with an estimated
[[Page 52888]]
acknowledgement cost of $0.05 \15\ per information to the pilot-in-
command resulting in an estimated cost of $106,845. Based on FAA air
operator data, the number of additional employees requiring training is
estimated at 2,086 at an estimated training cost of $107 per trainee
per year. The estimated annual expected industry training costs in 2016
dollars would then be $222,507 = 2,086 employees multiplied by $107 per
employee. PHMSA notes that many air operators already comply with
ICAO's information to the pilot-in-command requirements; therefore, it
is likely that this analysis has overestimated the cost of
harmonization. The HMR currently require confirmation that no damaged
or leaking packages have been loaded on the aircraft. In satisfying
this current requirement, it is assumed that many operators are already
using the specific confirmation requirement (signature or other
indication) from the person responsible for loading the aircraft, which
would already be accounted for in time costs.
---------------------------------------------------------------------------
\13\ PHMSA consulted with the FAA to derive the number of
affected flights subject to this requirement.
\14\ Bureau of Labor Statistics Occupational Employment and
Wages, May 2016: 53-2011 Airline Pilots, Copilots, and Flight
Engineers,
\15\ Occupational Employment and Wages, May 2016: 53-1011
Aircraft Cargo Handling Supervisors.
---------------------------------------------------------------------------
Under current practice, the information is transmitted to the
pilot-in-command. We assume the additional provision of identical
information to the flight dispatcher (or other personnel) will incur
negligible costs, if any, especially as we understand this to be a
common industry practice. In the NPRM, PHMSA invited comments on this
assumption and on any unanticipated costs associated with the proposed
requirement. While PHMSA did not receive any specific comments on
additional costs associated with providing the same information to the
flight dispatcher, all of the commenters provided strong support for
harmonizing with the information to the pilot-in-command provisions of
the ICAO Technical Instructions.
Net Cost Savings
Based on the previous discussions of benefits, costs, and cost
savings PHMSA estimates the net annual cost savings associated with
this final rule (2137-AF10) to be $1,019,325.
C. Executive Order 13771
Executive Order 13771 (``Reducing Regulation and Controlling
Regulatory Costs''), issued January 30, 2017, provides that ``it is
essential to manage the costs associated with the governmental
imposition of private expenditures required to comply with Federal
regulations.'' Toward that end, E.O. 13771 directs agencies to (1)
identify two potential deregulatory actions for each new E.O. 13771
regulatory action, and (2) limit the incremental costs of new
regulations overall on a fiscal year basis. This final rule is
considered an E.O. 13771 deregulatory action. Details on the estimated
cost savings of this final rule are described above.
D. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132, ``Federalism,'' 64 FR
43255 (Aug. 10, 1999). The regulatory changes in this final 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 hazardous materials transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision, 49 U.S.C. 5125(b), that
preempts State, local, and Indian tribe requirements on certain covered
subjects, as follows:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, reconditioning, 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 (2), (3), and (5)
above and preempts State, local, and Indian tribe requirements not
meeting the ``substantively the same'' standard. This final rule is
necessary to harmonize with international standards. If the changes are
not adopted into the HMR, U.S. companies--including numerous small
entities competing in foreign markets--would be at an economic
disadvantage because of their need to comply with a dual system of
regulations. The changes in this rulemaking are intended to avoid this
result. Federal hazardous materials transportation law provides 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. 49 U.S.C. 5125(b)(2). 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 a final rule in this matter.
E. 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,'' 65 FR 67249 (Nov. 9,
2000). Because this final rule does not have tribal implications, does
not impose substantial direct compliance costs, and is required by
statute, the funding and consultation requirements of Executive Order
13175 do not apply.
F. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
This final rule was developed in accordance with Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (Aug. 16, 2002) and DOT's Policies and Procedures to
promote compliance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., and ensure that potential impacts of draft rules on small
entities are properly considered. The Regulatory Flexibility Act
requires an agency to review regulations to assess their economic
impact on small entities, unless the agency determines that a rule is
not expected to have a significant economic impact on a substantial
number of small entities.
This final rule facilitates the transportation of hazardous
materials in international commerce by increasing consistency with
international standards. It applies to offerors and carriers of
hazardous materials, some of whom are small entities, such as chemical
manufacturers, users and suppliers, packaging manufacturers,
distributors, aircraft operators, and training companies. As previously
discussed in Section IV, Subsection B (Executive Order 12866, Executive
Order 13563, and DOT Regulatory Policies and Procedures), PHMSA expects
that the majority of amendments in this final rule will result in cost
savings and ease the regulatory compliance burden for shippers engaged
in domestic and international
[[Page 52889]]
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.
G. Paperwork Reduction Act
PHMSA currently has an approved information collection under Office
of Management and Budget (OMB) Control Number 2137-0034, ``Hazardous
Materials Shipping Papers and Emergency Response Information.'' We
anticipate that this final rule will result in an increase in the
annual burden of this information collection because of an increase in
the amount of time needed to complete the information to the pilot-in-
command due to additional requirements for (1) confirmation via
signature or other appropriate indication by the person responsible for
loading the aircraft that no damaged or leaking packages were loaded on
the aircraft, and (2) confirmation via signature or other appropriate
indication by the pilot-in-command that the required information was
received. PHMSA did not receive any comments on the changes to this
information collection burden in response to the NPRM.
This rulemaking identifies a revised information collection that
PHMSA will submit to OMB for approval based on the requirements in this
final rule. PHMSA has developed burden estimates to reflect changes and
estimates that the information collection and recordkeeping burden in
this rule are as follows:
OMB Control Number: 2137-0034.
Annual Increase in Number of Respondents: 150.
Annual Increase in Annual Number of Responses: 1,976,475.
Annual Increase in Annual Burden Hours: 5,474.
Annual Increase in Annual Burden Costs: $572,811.
PHMSA will submit the revised information collection and
recordkeeping requirements to OMB for approval.
H. 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
the Spring and Fall of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
I. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$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.
J. Environmental Assessment
The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375,
requires that Federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality requires agencies to
conduct an environmental review considering (1) the need for the
proposed action, (2) alternatives to the proposed action, (3) probable
environmental impacts of the action and the alternatives, and (4) the
agencies and persons consulted during the consideration process. 40 CFR
1508.9(b).
1. Purpose and Need
In this final rule, PHMSA is amending the HMR to increase
harmonization with international standards and to address four
petitions for rulemaking submitted by shippers, carriers,
manufacturers, and industry representatives. These revisions are
intended to harmonize with international standards, while also
maintaining or enhancing safety. Specifically, PHMSA, consistent with
P-1487, is harmonizing the HMR with the 2017-2018 ICAO Technical
Instructions' requirements for the information to the pilot-in-command,
for the air operator to provide the information to the pilot-in-command
to the flight dispatcher, and for the air operator to obtain and retain
a confirmation that the information to the pilot-in-command was
received by the pilot-in-command. This final rule addresses three
additional petitions for rulemaking (P-1637, P-1649, and P-1671) to:
(1) More closely harmonize with the ICAO Technical Instructions in
regard to intermediate packaging requirements for certain low and
medium danger hazardous materials; (2) add an exception to allow
passengers to bring on board an aircraft portable medical electronic
devices containing lithium metal batteries that exceed the current
lithium battery limits in Sec. 175.10(a)(18)(i), as well as spare
batteries for these devices with the approval of the operator; and (3)
remove language prohibiting any package or overpack containing
hazardous materials from being transported on an aircraft if it has
holes when there is no indication that the integrity of the package or
overpack has been compromised. All of these amendments more closely
harmonize U.S. regulations with international standards.
This action is necessary to: (1) Fulfill PHMSA's statutory
directive to promote transportation safety; (2) fulfill PHMSA's
statutory directive under the Administrative Procedure Act (APA) that
requires Federal agencies to give interested persons the right to
petition an agency to issue, amend, or repeal a rule, 5 U.S.C. 553(e);
(3) align the HMR with international transport standards and
requirements to the extent practicable in accordance with Federal
hazmat law, 49 U.S.C. 5120; and (4) simplify and clarify the
regulations in order to promote understanding and compliance.
Specifically, this rulemaking achieves these goals by responding to
petitions (P-1487, P-1637, P-1649, and P-1671).
With this action, we are more closely align the HMR with
international transport standards and requirements, without diminishing
the level of safety currently provided by the HMR or imposing undue
burdens on the regulated public.
2. Alternatives
In developing this rulemaking, PHMSA considered the following
alternatives:
No Action Alternative:
If PHMSA had selected the No Action Alternative, regulations would
remain in place and no new provisions would be added. However,
efficiencies gained through harmonization in updates to information to
the pilot-in-command requirements; intermediate packaging requirements;
passenger carriage of portable medical electronic devices containing
certain lithium metal batteries; acceptance/transport of packages with
small holes that do not compromise the package integrity; ensuring that
hazardous materials loaded in an aircraft are protected from damage;
etc., would not be realized.
Preferred Alternative:
PHMSA selected the Preferred Alternative. The amendments included
in this alternative are more fully addressed in the preamble and
regulatory text sections of this final rule. However, they include the
following:
[[Page 52890]]
(1) Harmonize the HMR and ICAO Technical Instructions information
to the pilot-in-command requirements. In this final rule, PHMSA is more
closely aligning the information to the pilot-in-command requirements
in the HMR to the ICAO Technical Instructions. This includes
information required, when the information must be provided to the
pilot-in-command and flight dispatchers, and requirements for verifying
that the information was received by the pilot-in-command.
(2) More closely harmonize with the ICAO Technical Instructions in
regard to intermediate packaging requirements for certain low and
medium danger hazardous materials. In this final rule, PHMSA is
removing all references to special provision A6 assigned to liquids in
the Hazardous Materials Table. Additionally, this final rule amends
special provision A3 to authorize additional intermediate packagings.
(3) Add an exception to allow passengers, with the approval of the
operator, to bring on board an aircraft a portable medical electronic
device that exceeds the lithium battery limits in Sec.
175.10(a)(18)(i). In this final rule, PHMSA is amending Sec.
175.10(a)(18)(i) to increase the quantity limits applicable to the
transportation of portable medical electronic devices containing
lithium metal batteries and spare batteries for these devices carried
on an aircraft. The current HMR limit all lithium metal batteries to a
lithium content of not more than 2 grams per battery regardless of end
use, whereas the ICAO Technical Instructions allow portable medical
electronic devices containing lithium metal batteries with up to 8
grams of lithium (as well as spare batteries for these devices) to be
carried on board an aircraft.
(4) Amend the package inspection and securing requirements. In this
final rule, PHMSA is amending Sec. 175.30(c)(1) to remove language
prohibiting any package or overpack containing hazardous materials from
being transported on an aircraft if it has holes. Additionally, PHMSA
is revising Sec. 175.88(c) to require hazardous materials loaded in an
aircraft to be protected from damage, including by the movement of
baggage, mail, stores, or other cargo, consistent with general loading
requirements found in the ICAO Technical Instructions.
3. Probable Environmental Impacts of the Alternatives
No Action Alternative:
If PHMSA had selected the No Action Alternative, regulations would
remain in place and no new provisions would be added. However,
efficiencies gained through harmonization of transport standards would
not be realized. Foregone efficiencies in the No Action Alternative
include freeing up limited resources to concentrate on air transport
hazard communication issues of potentially much greater environmental
impact.
Additionally, the Preferred Alternative encompasses enhanced and
clarified regulatory requirements, which would result in increased
compliance and less environmental and safety incidents. Not adopting
the environmental and safety requirements under the No Action
Alternative would result in a lost opportunity for reducing
environmental and safety-related incidents.
Greenhouse gas emissions would remain the same under the No Action
Alternative.
Preferred Alternative:
PHMSA selected the Preferred Alternative. We believe that safety
and environmental risks will be reduced and that protections to human
health and environmental resources will be increased. Consistency
between U.S. and international information to the pilot-in-command
requirements can enhance the safety and environmental protection of
hazardous materials transportation, reduce compliance costs, increase
the flow of hazardous materials from their points of origin to their
points of destination (or diversion airport when required), and improve
the emergency response in the event of a hazardous materials incident
or accident.
Overall, harmonization will result in more targeted and effective
training and thereby enhanced environmental protection. These
amendments will reduce inconsistent hazardous materials regulations,
which can increase the time and cost of compliance training. For ease
of compliance with appropriate regulations, operators engaged in the
transportation of hazardous materials generally elect to accept and
transport hazardous materials in accordance with the ICAO Technical
Instructions, as appropriate. Increasing consistency between these
international regulations and the HMR allows shippers and carriers to
more efficiently train hazmat employees in their responsible functions.
PHMSA believes that these amendments, which will increase
standardization and consistency of regulations, will result in greater
protection of human health and the environment:
(1) More closely harmonize the HMR and ICAO Technical Instructions
information to the pilot-in-command requirements. Harmonization of
information to the pilot-in-command requirements will (1) allow
operators to streamline compliance and training programs, (2) result in
emergency response personnel having quicker access to hazmat
information for each flight, (3) remove the requirement to supply data
elements required under shipping paper provisions, and (4) provide
flight dispatchers access to hazmat information and relieve the pilot-
in-command of the responsibility of communicating this information to
Air Traffic Control (ATC) and Aircraft Rescue and Firefighting (ARFF)
personnel.
Greenhouse gas emissions would remain the same under this
amendment.
(2) More closely harmonize with the ICAO Technical Instructions in
regard to intermediate packaging requirements for certain low and
medium danger hazardous materials. Deleting the assignment of special
provisions A3 (partial) and A6 (for liquids) more closely harmonizes
the HMR with ICAO's packing instructions and removes a requirement
that, according to the petitioner, is a barrier to trade for U.S.
exports, while still maintaining an appropriate level of safety.
Existing requirements in Sec. 173.27(d) and (e) for inner packagings
to have a secondary means of closure and to be placed in either a rigid
and leakproof receptacle or an intermediate packaging with absorbent
material make special provisions A3 and A6 redundant for PG I
commodities. Additionally, the requirements in Sec. 173.27(d) for
inner packagings to have a secondary means of closure or a leakproof
liner or bag adequately address the hazards that special provision A6
was designed to mitigate for PG II and III liquid materials.
Greenhouse gas emissions would remain the same under this
amendment.
(3) Add an exception to allow passengers, with the approval of the
operator, to bring on board an aircraft a portable medical electronic
device that exceeds the lithium metal battery limits in Sec.
175.10(a)(18)(i). Harmonizing with the ICAO Technical Instructions in
this area will assist the traveling public who rely on their portable
medical electronic devices powered by lithium metal batteries. This
revision will be consistent with the FAA Modernization and Reform Act.
Greenhouse gas emissions would remain the same under this
amendment.
(4) Amend the package inspection and securing requirements.
Harmonizing with the ICAO Technical Instructions in this area will
address the overly prescriptive requirements for package inspection and
securing, which
[[Page 52891]]
currently result in acceptance rejections from operators and freight
forwarders. Further, harmonization will result in more targeted and
effective training and thereby enhanced environmental protection. These
amendments will reduce inconsistent hazardous materials regulations,
which hamper compliance training efforts.
Greenhouse gas emissions would remain the same under this
amendment.
4. Agencies Consulted
PHMSA 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 considered the views expressed in comments to the
NPRM submitted by members of the public, State and local governments,
and industry.
5. Conclusion
The provisions of this final rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by aircraft, thereby
reducing the risks of an accidental or intentional release of hazardous
materials and consequent environmental damage. PHMSA concludes that the
net environmental impact will be positive and that there are no
significant environmental impacts associated with this final rule.
K. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
L. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609, ``Promoting International Regulatory
Cooperation,'' 77 FR 26413 (May 4, 2012), agencies must consider
whether the impacts associated with significant variations between
domestic and international regulatory approaches are unnecessary or may
impair the ability of American business to export and compete
internationally. In meeting shared challenges involving health, safety,
labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
Similarly, the Trade Agreements Act of 1979, Public Law 96-39, as
amended by the Uruguay Round Agreements Act, Public Law 103-465,
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA and the FAA participate in the establishment of international
standards to protect the safety of the American public. We have
assessed the effects of this final rule to ensure that it does not
cause unnecessary obstacles to foreign trade. In fact, the final rule
is designed to facilitate international trade by eliminating
differences between the domestic and international air transportation
requirements. Accordingly, this rulemaking is consistent with Executive
Order 13609 and PHMSA's obligations under the Trade Agreement Act, as
amended.
M. 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 does not involve voluntary consensus standards.
List of Subjects
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 175
Hazardous materials transportation, Incorporation by reference,
Operators, Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA is amending 49 CFR chapter
I as follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
1. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
2. In Sec. 172.101, the Hazardous Materials Table is amended by
revising the following entries in the appropriate alphabetical
sequence:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
BILLING CODE 4910-60-P
[[Page 52892]]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) (9) (10)
Hazardous -----------------------------------------------------------------------------------------------------------------
materials Hazard Packaging (Sec. 173.***) Quantity limitations (see Sec. Vessel stowage
Symbols descriptions and class or Identification PG Label codes Special provisions --------------------------------------------------- Sec. 173.27 and 175.75) -----------------------------
proper shipping division No. (Sec. 172.102) ---------------------------------
names Exceptions Non-bulk Bulk Passenger Cargo air- Location Other
aircraft/rail craft only
(1) (2)............... (3) (4).............. (5)............ (6)............ (7)............... (8A)........... (8B)........... (8C)........... (9A)........... (9B).......... (10A)....... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Acetaldehyde...... 3 UN1089........... I.............. 3.............. B16, T11, TP2, TP7 None........... 201............ 243............ Forbidden...... 30 L.......... E...........
* * * * * * *
Acetic acid, 8 UN2789........... II............. 8, 3........... A3, A7, A10, B2, 154............ 202............ 243............ 1 L............ 30 L.......... A...........
glacial or Acetic IB2, T7, TP2.
acid solution,
with more than 80
percent acid, by
mass.
Acetic acid 8 UN2790........... II............. 8.............. 148, A3, A7, A10, 154............ 202............ 242............ 1 L............ 30 L.......... A...........
solution, not B2, IB2, T7, TP2.
less than 50
percent but not
more than 80
percent acid, by
mass.
* * * * * * *
Acetic anhydride.. 8 UN1715........... II............. 8, 3........... A3, A7, A10, B2, 154............ 202............ 243............ 1 L............ 30 L.......... A........... 40
IB2, T7, TP2.
* * * * * * *
Acetyl chloride... 3 UN1717........... II............. 3, 8........... A3, A7, IB1, N34, 150............ 202............ 243............ 1 L............ 5 L........... B........... 40
T8, TP2.
* * * * * * *
Alkali metal 4.3 UN1421........... I.............. 4.3............ A2, A7, B48, N34, None........... 201............ 244............ Forbidden...... 1 L........... D........... 13, 52, 148
alloys, liquid, W31.
n.o.s.
Alkali metal 4.3 UN1389........... I.............. 4.3............ A2, A7, N34, W31.. None........... 201............ 244............ Forbidden...... 1 L........... D........... 13, 40, 52,
amalgam, liquid. 148
* * * * * * *
Alkali metal 4.3 UN3482........... I.............. 4.3, 3......... A2, A7, W31....... None........... 201............ 244............ Forbidden...... 1 L........... D........... 13, 52, 148
dispersions,
flammable or
Alkaline earth
metal
dispersions,
flammable.
Alkali metal 4.3 UN1391........... I.............. 4.3............ A2, A7, W31....... None........... 201............ 244............ Forbidden...... 1 L........... D........... 13, 52, 148
dispersions, or
Alkaline earth
metal dispersions.
* * * * * * *
Alkylphenols, 8 UN3145........... I.............. 8.............. T14, TP2.......... None........... 201............ 243............ 0.5 L.......... 2.5 L......... B...........
liquid, n.o.s.
(including C2-C12
homologues).
II............. 8.............. IB2, T11, TP2, 154............ 202............ 242............ 1 L............ 30 L.......... B...........
TP27.
III............ 8.............. IB3, T7, TP1, TP28 154............ 203............ 241............ 5 L............ 60 L.......... A...........
* * * * * * *
Allyl iodide...... 3 UN1723........... II............. 3, 8........... A3, IB1, N34, T7, 150............ 202............ 243............ 1 L............ 5 L........... B........... 40
TP2, TP13.
* * * * * * *
G............ Amine, liquid, 8 UN2734........... I.............. 8, 3........... N34, T14, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... A........... 52
corrosive, TP27.
flammable, n.o.s.
or Polyamines,
liquid,
corrosive,
flammable, n.o.s.
II............. 8, 3........... IB2, T11, TP2, None........... 202............ 243............ 1 L............ 30 L.......... A........... 52
TP27.
[[Page 52893]]
G............ Amines, liquid, 8 UN2735........... I.............. 8.............. B10, N34, T14, None........... 201............ 243............ 0.5 L.......... 2.5 L......... A........... 52
corrosive, n.o.s. TP2, TP27.
or Polyamines,
liquid,
corrosive, n.o.s.
II............. 8.............. B2, IB2, T11, TP1, 154............ 202............ 242............ 1 L............ 30 L.......... A........... 52
TP27.
III............ 8.............. IB3, T7, TP1, TP28 154............ 203............ 241............ 5 L............ 60 L.......... A........... 52
* * * * * * *
Amyl mercaptan.... 3 UN1111........... II............. 3.............. A3, IB2, T4, TP1.. None........... 202............ 242............ 5 L............ 60 L.......... B........... 95, 102
* * * * * * *
Antimony 8 UN1732........... II............. 8, 6.1......... A3, A7, A10, IB2, None........... 202............ 243............ Forbidden...... 30 L.......... D........... 40, 44, 89,
pentafluoride. N3, N36, T7, TP2. 100, 141
* * * * * * *
Benzyl 8 UN1739........... I.............. 8.............. B4, N41, T10, TP2, None........... 201............ 243............ Forbidden...... 2.5 L......... D........... 40
chloroformate. TP13.
* * * * * * *
Boron trifluoride 8 UN2604........... I.............. 8, 3........... A19, T10, TP2, W31 None........... 201............ 243............ 0.5 L.......... 2.5 L......... D........... 40
diethyl etherate.
* * * * * * *
Butyl mercaptan... 3 UN2347........... II............. 3.............. A3, IB2, T4, TP1.. 150............ 202............ 242............ 5 L............ 60 L.......... D........... 52, 95, 102
* * * * * * *
Chlorite solution. 8 UN1908........... II............. 8.............. A3, A7, B2, IB2, 154............ 202............ 242............ 1 L............ 30 L.......... B........... 26, 44, 89,
N34, T7, TP2, 100, 141
TP24.
III............ 8.............. A3, A7, B2, IB3, 154............ 203............ 241............ 5 L............ 60 L.......... B........... 26, 44, 89,
N34, T4, TP2, 100, 141
TP24.
* * * * * * *
2-Chloropropene... 3 UN2456........... I.............. 3.............. N36, T11, TP2..... 150............ 201............ 243............ 1 L............ 30 L.......... E...........
* * * * * * *
Chromium 8 UN1758........... I.............. 8.............. A7, B10, N34, T10, None........... 201............ 243............ 0.5 L.......... 2.5 L......... C........... 40, 66, 74,
oxychloride. TP2. 89, 90
* * * * * * *
Chromosulfuric 8 UN2240........... I.............. 8.............. A7, B4, B6, N34, None........... 201............ 243............ 0.5L........... 2.5L.......... B........... 40, 66, 74,
acid. T10, TP2, TP13. 89, 90
* * * * * * *
G............ Corrosive liquid, 8 UN3264........... I.............. 8.............. B10, T14, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... B........... 40
acidic, TP27.
inorganic, n.o.s.
II............. 8.............. 386, B2, IB2, T11, 154............ 202............ 242............ 1 L............ 30 L.......... B........... 40
TP2, TP27.
................. III............ 8.............. IB3, T7, TP1, TP28 154............ 203............ 241............ 5 L............ 60 L.......... A........... 40
G............ Corrosive liquid, 8 UN3265........... I.............. 8.............. B10, T14, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... B........... 40
acidic, organic, TP27.
n.o.s.
II............. 8.............. 148, B2, IB2, T11, 154............ 202............ 242............ 1 L............ 30 L.......... B........... 40
TP2, TP27.
III............ 8.............. 386, IB3, T7, TP1, 154............ 203............ 241............ 5 L............ 60 L.......... A........... 40
TP28.
G............ Corrosive liquid, 8 UN3266........... I.............. 8.............. T14, TP2, TP27.... None........... 201............ 243............ 0.5 L.......... 2.5 L......... B........... 40, 52
basic, inorganic,
n.o.s.
II............. 8.............. 386, B2, IB2, T11, 154............ 202............ 242............ 1 L............ 30 L.......... B........... 40, 52
TP2, TP27.
III............ 8.............. IB3, T7, TP1, TP28 154............ 203............ 241............ 5 L............ 60 L.......... A........... 40, 52
G............ Corrosive liquid, 8 UN3267........... I.............. 8.............. B10, T14, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... B........... 40, 52
basic, organic, TP27.
n.o.s.
II............. 8.............. B2, IB2, T11, TP2, 154............ 202............ 242............ 1 L............ 30 L.......... B........... 40, 52
TP27.
III............ 8.............. IB3, T7, TP1, TP28 154............ 203............ 241............ 5 L............ 60 L.......... A........... 40, 52
[[Page 52894]]
G............ Corrosive liquid, 8 UN3301........... I.............. 8, 4.2......... B10............... None........... 201............ 243............ 0.5 L.......... 2.5 L......... D...........
self-heating,
n.o.s.
II............. 8, 4.2......... B2, IB1........... 154............ 202............ 242............ 1 L............ 30 L.......... D...........
G............ Corrosive liquids, 8 UN2920........... I.............. 8, 3........... B10, T14, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... C........... 25, 40
flammable, n.o.s. TP27.
II............. 8, 3........... B2, IB2, T11, TP2, 154............ 202............ 243............ 1 L............ 30 L.......... C........... 25, 40
TP27.
G............ Corrosive liquids, 8 UN1760........... I.............. 8.............. A7, B10, T14, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... B........... 40
n.o.s. TP27.
II............. 8.............. B2, IB2, T11, TP2, 154............ 202............ 242............ 1 L............ 30 L.......... B........... 40
TP27.
III............ 8.............. IB3, T7, TP1, TP28 154............ 203............ 241............ 5 L............ 60 L.......... A........... 40
G............ Corrosive liquids, 8 UN3093........... I.............. 8, 5.1......... A7................ None........... 201............ 243............ Forbidden...... 2.5 L......... C........... 89
oxidizing, n.o.s.
II............. 8, 5.1......... A7, IB2........... None........... 202............ 243............ 1 L............ 30 L.......... C........... 89
G............ Corrosive liquids, 8 UN2922........... I.............. 8, 6.1......... A7, B10, T14, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... B........... 40
toxic, n.o.s. TP13, TP27.
II............. 8, 6.1......... B3, IB2, T7, TP2.. 154............ 202............ 243............ 1 L............ 30 L.......... B........... 40
III............ 8, 6.1......... IB3, T7, TP1, TP28 154............ 203............ 241............ 5 L............ 60 L.......... B........... 40
G............ Corrosive liquids, 8 UN3094........... I.............. 8, 4.3......... A7................ None........... 201............ 243............ Forbidden...... 1 L........... E........... 13, 148
water-reactive,
n.o.s.
II............. 8, 4.3......... A7................ None........... 202............ 243............ 1 L............ 5 L........... E........... 13, 148
* * * * * * *
Dichloroacetic 8 UN1764........... II............. 8.............. A3, A7, B2, IB2, 154............ 202............ 242............ 1 L............ 30 L.......... A...........
acid. N34, T8, TP2.
* * * * * * *
Dichloroacetyl 8 UN1765........... II............. 8.............. A3, A7, B2, B6, 154............ 202............ 242............ 1 L............ 30 L.......... D........... 40
chloride. IB2, N34, T7, TP2.
* * * * * * *
Difluorophosphoric 8 UN1768........... II............. 8.............. A7, B2, IB2, N5, None........... 202............ 242............ 1 L............ 30 L.......... A........... 40
acid, anhydrous. N34, T8, TP2.
* * * * * * *
G............ Disinfectant, 8 UN1903........... I.............. 8.............. A7, B10, T14, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... B...........
liquid, TP27.
corrosive, n.o.s.
* * * * * * *
G............ Dyes, liquid, 8 UN2801........... I.............. 8.............. 11, B10, T14, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... A...........
corrosive, n.o.s. TP27.
or Dye
intermediates,
liquid,
corrosive, n.o.s.
II............. 8.............. 11, B2, IB2, T11, 154............ 202............ 242............ 1 L............ 30 L.......... A...........
TP2, TP27.
III............ 8.............. 11, IB3, T7, TP1, 154............ 203............ 241............ 5 L............ 60 L.......... A...........
TP28.
* * * * * * *
Ethyl mercaptan... 3 UN2363........... I.............. 3.............. T11, TP2, TP13.... None........... 201............ 243............ Forbidden...... 30 L.......... E........... 95, 102
* * * * * * *
Ethyldichlorosilan 4.3 UN1183........... I.............. 4.3, 8, 3...... A2, A7, N34, T14, None........... 201............ 244............ Forbidden...... 1 L........... D........... 21, 40, 49,
e. TP2, TP7, TP13, 100
W31.
[[Page 52895]]
* * * * * * *
Fluoroboric acid.. 8 UN1775........... II............. 8.............. A7, B2, B15, IB2, 154............ 202............ 242............ 1 L............ 30 L.......... A...........
N3, N34, T7, TP2.
Fluorophosphoric 8 UN1776........... II............. 8.............. A7, B2, IB2, N3, None........... 202............ 242............ 1 L............ 30 L.......... A...........
acid anhydrous. N34, T8, TP2.
* * * * * * *
Fluorosilicic acid 8 UN1778........... II............. 8.............. A7, B2, B15, IB2, None........... 202............ 242............ 1 L............ 30 L.......... A...........
N3, N34, T8, TP2.
Fluorosulfonic 8 UN1777........... I.............. 8.............. A7, A10, B6, B10, None........... 201............ 243............ 0.5 L.......... 2.5 L......... D........... 40
acid. N3, N36, T10, TP2.
* * * * * * *
Hydrazine, 8 UN2029........... I.............. 8, 3, 6.1...... A7, A10, B7, B16, None........... 201............ 243............ Forbidden...... 2.5 L......... D........... 40, 52, 125
anhydrous. B53.
* * * * * * *
Hydriodic acid.... 8 UN1787........... II............. 8.............. A3, B2, IB2, N41, 154............ 202............ 242............ 1 L............ 30 L.......... C...........
T7, TP2.
III............ 8.............. IB3, T4, TP1...... 154............ 203............ 241............ 5 L............ 60 L.......... C........... 8
* * * * * * *
Hydrobromic acid, 8 UN1788........... II............. 8.............. A3, B2, B15, IB2, 154............ 202............ 242............ 1 L............ 30 L.......... C...........
with not more N41, T7, TP2.
than 49 percent
hydrobromic acid.
III............ 8.............. A3, IB3, T4, TP1.. 154............ 203............ 241............ 5 L............ 60 L.......... C........... 8
* * * * * * *
Hydrochloric acid. 8 UN1789........... II............. 8.............. 386, A3, B3, B15, 154............ 202............ 242............ 1 L............ 30 L.......... C...........
B133, IB2, N41,
T8, TP2.
III............ 8.............. A3, IB3, T4, TP1.. 154............ 203............ 241............ 5 L............ 60 L.......... C........... 8
* * * * * * *
Hydrofluoric acid 8 UN1786........... I.............. 8, 6.1......... A7, B15, B23, N5, None........... 201............ 243............ Forbidden...... 2.5 L......... D........... 40
and Sulfuric acid N34, T10, TP2,
mixtures. TP13.
* * * * * * *
Hydrofluoric acid, 8 UN1790........... I.............. 8, 6.1......... A7, B4, B15, B23, None........... 201............ 243............ 0.5 L.......... 2.5 L......... D........... 12, 25, 40
with more than 60 N5, N34, T10,
percent strength. TP2, TP13.
Hydrofluoric acid, 8 UN1790........... II............. 8, 6.1......... A7, B15, IB2, N5, 154............ 202............ 243............ 1 L............ 30 L.......... D........... 12, 25, 40
with not more N34, T8, TP2.
than 60 percent
strength.
* * * * * * *
Hydrogen peroxide 5.1 UN3149........... II............. 5.1, 8......... 145, A2, A3, B53, None........... 202............ 243............ 1 L............ 5 L........... D........... 25, 66, 75
and peroxyacetic IB2, IP5, T7,
acid mixtures, TP2, TP6, TP24.
stabilized with
acids, water, and
not more than 5
percent
peroxyacetic acid.
* * * * * * *
Hydrogen peroxide, 5.1 UN2014........... II............. 5.1, 8......... A2, A3, B53, IB2, None........... 202............ 243............ 1 L............ 5 L........... D........... 25, 66, 75
aqueous solutions IP5, T7, TP2,
with not less TP6, TP24, TP37.
than 20 percent
but not more than
40 percent
hydrogen peroxide
(stabilized as
necessary).
* * * * * * *
Lithium aluminum 4.3 UN1411........... I.............. 4.3, 3......... A2, A11, N34...... None........... 201............ 244............ Forbidden...... 1 L........... D........... 13, 40, 148
hydride, ethereal.
[[Page 52896]]
* * * * * * *
Mercaptans, 3 UN1228........... II............. 3, 6.1......... IB2, T11, TP2, None........... 202............ 243............ Forbidden...... 60 L.......... B........... 40, 95, 102
liquid, TP27.
flammable, toxic,
n.o.s. or
Mercaptan
mixtures, liquid,
flammable, toxic,
n.o.s.
III............ 3, 6.1......... B1, IB3, T7, TP1, 150............ 203............ 242............ 5 L............ 220 L......... A........... 40, 95, 102
TP28.
Mercaptans, 6.1 UN3071........... II............. 6.1, 3......... IB2, T11, TP2, 153............ 202............ 243............ 5 L............ 60 L.......... C........... 40, 102, 121
liquid, toxic, TP13, TP27.
flammable, n.o.s.
or Mercaptan
mixtures, liquid,
toxic, flammable,
n.o.s., flash
point not less
than 23 degrees C.
* * * * * * *
Methyldichlorosila 4.3 UN1242........... I.............. 4.3, 8, 3...... A2, A7, B6, B77, None........... 201............ 243............ Forbidden...... 1 L........... D........... 21, 40, 49,
ne. N34, T14, TP2, 100
TP7, TP13, W31.
* * * * * * *
Morpholine........ 8 UN2054........... I.............. 8, 3........... T10, TP2.......... None........... 201............ 243............ 0.5 L.......... 2.5 L......... A...........
* * * * * * *
Nitric acid other 8 UN2031........... II............. 8, 5.1......... B2, B47, B53, IB2, None........... 158............ 242............ Forbidden...... 30 L.......... D........... 66, 74, 89, 90
than red fuming, IP15, T8, TP2.
with at least 65
percent, but not
more than 70
percent nitric
acid.
Nitric acid other 8 UN2031........... II............. 8.............. A212, B2, B47, None........... 158............ 242............ Forbidden...... 30 L.......... D........... 44, 66, 74,
than red fuming, B53, IB2, IP15, 89, 90
with more than 20 T8, TP2.
percent and less
than 65 percent
nitric acid.
Nitric acid other 8 UN2031........... II............. 8.............. B2, B47, B53, IB2, None........... 158............ 242............ 1 L............ 30 L.......... D...........
than red fuming T8, TP2.
with not more
than 20 percent
nitric acid.
* * * * * * *
Nitric acid other 8 UN2031........... I.............. 8, 5.1......... B47, B53, T10, None........... 158............ 243............ Forbidden...... 2.5 L......... D........... 44, 66, 89,
than red fuming, TP2, TP12, TP13. 90, 110, 111
with more than 70
percent nitric
acid.
* * * * * * *
Nitrohydrochloric 8 UN1798........... I.............. 8.............. B10, N41, T10, None........... 201............ 243............ Forbidden...... 2.5 L......... D........... 40, 66, 74,
acid. TP2, TP13. 89, 90
* * * * * * *
Nitrosylsulfuric 8 UN2308........... II............. 8.............. A3, A7, B2, IB2, 154............ 202............ 242............ 1 L............ 30 L.......... D........... 40, 66, 74,
acid, liquid. N34, T8, TP2. 89, 90
[[Page 52897]]
* * * * * * *
Organotin 6.1 UN2788........... I.............. 6.1............ N33, N34, T14, None........... 201............ 243............ 1 L............ 30 L.......... B........... 40
compounds, TP2, TP13, TP27.
liquid, n.o.s.
II............. 6.1............ A3, IB2, N33, N34, 153............ 202............ 243............ 5 L............ 60 L.......... A........... 40
T11, TP2, TP13,
TP27.
III............ 6.1............ IB3, T7, TP2, TP28 153............ 203............ 241............ 60 L........... 220 L......... A........... 40
* * * * * * *
G............ Oxidizing liquid, 5.1 UN3098........... I.............. 5.1, 8......... 62................ None........... 201............ 244............ Forbidden...... 2.5 L......... D........... 13, 56, 58,
corrosive, n.o.s. 138
II............. 5.1, 8......... 62, IB1........... None........... 202............ 243............ 1 L............ 5 L........... B........... 13, 56, 58,
138
III............ 5.1, 8......... 62, IB2........... 152............ 203............ 242............ 2.5 L.......... 30 L.......... B........... 13, 56, 58,
138
G............ Oxidizing liquid, 5.1 UN3139........... I.............. 5.1............ 62, 127, A2....... None........... 201............ 243............ Forbidden...... 2.5 L......... D........... 56, 58, 138
n.o.s.
II............. 5.1............ 62, 127, 148, A2, 152............ 202............ 242............ 1 L............ 5 L........... B........... 56, 58, 138
IB2.
III............ 5.1............ 62, 127, 148, A2, 152............ 203............ 241............ 2.5 L.......... 30 L.......... B........... 56, 58, 138
IB2.
G............ Oxidizing liquid, 5.1 UN3099........... I.............. 5.1, 6.1....... 62................ None........... 201............ 244............ Forbidden...... 2.5 L......... D........... 56, 58, 138
toxic, n.o.s.
II............. 5.1, 6.1....... 62, IB1........... 152............ 202............ 243............ 1 L............ 5 L........... B........... 56, 58, 95,
138
III............ 5.1, 6.1....... 62, IB2........... 152............ 203............ 242............ 2.5 L.......... 30 L.......... B........... 56, 58, 95,
138
* * * * * * *
Perchloric acid 5.1 UN1873........... I.............. 5.1, 8......... A2, N41, T10, TP1. None........... 201............ 243............ Forbidden...... 2.5 L......... D........... 66
with more than 50
percent but not
more than 72
percent acid, by
mass.
* * * * * * *
Phosphorus 8 UN1808........... II............. 8.............. A3, A7, B2, B25, None........... 202............ 242............ Forbidden...... 30 L.......... C........... 40
tribromide. IB2, N34, N43,
T7, TP2.
* * * * * * *
Propanethiols..... 3 UN2402........... II............. 3.............. IB2, T4, TP1, TP13 150............ 202............ 242............ 5 L............ 60 L.......... E........... 95, 102
* * * * * * *
Propylene oxide... 3 UN1280........... I.............. 3.............. N34, T11, TP2, TP7 None........... 201............ 243............ 1 L............ 30 L.......... E........... 40
* * * * * * *
1,2- 8 UN2258........... II............. 8, 3........... A3, IB2, N34, T7, None........... 202............ 243............ 1 L............ 30 L.......... A........... 40
Propylenediamine. TP2.
Propyleneimine, 3 UN1921........... I.............. 3, 6.1......... N34, T14, TP2, None........... 201............ 243............ 1 L............ 30 L.......... D........... 40
stabilized. TP13.
* * * * * * *
Selenium 8 UN2879........... I.............. 8, 6.1......... A7, N34, T10, TP2, None........... 201............ 243............ 0.5 L.......... 2.5 L......... E........... 40
oxychloride. TP13.
* * * * * * *
Silicon 8 UN1818........... II............. 8.............. A3, B2, B6, T10, None........... 202............ 242............ Forbidden...... 30 L.......... C........... 40
tetrachloride. TP2, TP7, TP13.
* * * * * * *
Sulfur chlorides.. 8 UN1828........... I.............. 8.............. 5, A7, A10, B10, None........... 201............ 243............ Forbidden...... 2.5 L......... C........... 40
B77, N34, T20,
TP2.
* * * * * * *
Sulfuric acid, 8 UN1831........... I.............. 8.............. A7, N34, T20, TP2, None........... 201............ 243............ Forbidden...... 2.5 L......... C........... 14, 40
fuming with less TP13.
than 30 percent
free sulfur
trioxide.
* * * * * * *
Trichloroacetic 8 UN2564........... II............. 8.............. A3, A7, B2, IB2, 154............ 202............ 242............ 1 L............ 30 L.......... B...........
acid, solution. N34, T7, TP2.
[[Page 52898]]
.................. .......... ................. III............ 8.............. A3, A7, IB3, N34, 154............ 203............ 241............ 5 L............ 60 L.......... B........... 8
T4, TP1.
* * * * * * *
Trifluoroacetic 8 UN2699........... I.............. 8.............. A7, B4, N3, N34, None........... 201............ 243............ 0.5 L.......... 2.5 L......... B........... 12, 25, 40
acid. N36, T10, TP2.
* * * * * * *
Valeryl chloride.. 8 UN2502........... II............. 8, 3........... A3, A7, B2, IB2, 154............ 202............ 243............ 1 L............ 30 L.......... C........... 40
N34, T7, TP2.
* * * * * * *
Vanadium 8 UN2443........... II............. 8.............. A3, A7, B2, B16, 154............ 202............ 242............ Forbidden...... 30 L.......... C........... 40
oxytrichloride. IB2, N34, T7, TP2.
* * * * * * *
Vanadium 8 UN2444........... I.............. 8.............. A7, B4, N34, T10, None........... 201............ 243............ Forbidden...... 2.5 L......... C........... 40
tetrachloride. TP2.
* * * * * * *
Vinyl ethyl ether, 3 UN1302........... I.............. 3.............. 387, T11, TP2..... None........... 201............ 243............ 1 L............ 30 L.......... D...........
stabilized.
* * * * * * *
Xylyl bromide, 6.1 UN1701........... II............. 6.1............ A3, A7, IB2, N33, None........... 340............ None........... Forbidden...... 60 L.......... D........... 40
liquid. T7, TP2, TP13,
W31.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 52899]]
0
3. In Sec. 172.102, in paragraph (c)(2), special provision A3 is
revised as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(2) * * *
A3 For combination packagings, if glass inner packagings (including
ampoules) are used, they must be packed with absorbent material in
tightly closed rigid and leakproof receptacles before packing in outer
packagings.
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
0
4. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.
0
5. In Sec. 175.10, paragraphs (a)(18) introductory text and (a)(18)(i)
are revised to read as follows:
Sec. 175.10 Exceptions for passengers, crewmembers, and air
operators.
(a) * * *
(18) Except as provided in Sec. 173.21 of this subchapter,
portable electronic devices (e.g., watches, calculating machines,
cameras, cellular phones, laptop and notebook computers, camcorders,
medical devices, etc.) containing dry cells or dry batteries (including
lithium cells or batteries) and spare dry cells or batteries for these
devices, when carried by passengers or crewmembers for personal use.
Portable electronic devices powered by lithium batteries may be carried
in either checked or carry-on baggage. Spare lithium batteries must be
carried in carry-on baggage only. Each installed or spare lithium
battery must be of a type proven to meet the requirements of each test
in the UN Manual of Tests and Criteria, part III, sub-section 38.3 and
each spare lithium battery must be individually protected so as to
prevent short circuits (e.g., by placement in original retail
packaging, by otherwise insulating terminals by taping over exposed
terminals, or placing each battery in a separate plastic bag or
protective pouch). In addition, each installed or spare lithium battery
must not exceed the following:
(i) For a lithium metal battery, the lithium content must not
exceed 2 grams. With the approval of the operator, portable medical
electronic devices (e.g., automated external defibrillators (AED),
nebulizer, continuous positive airway pressure (CPAP), etc.) may
contain lithium metal batteries exceeding 2 grams, but not exceeding 8
grams. With the approval of the operator, no more than two lithium
metal batteries each exceeding 2 grams, but not exceeding 8 grams, may
be carried as spare batteries for portable medical electronic devices
in carry-on baggage and must be carried with the portable medical
electronic device the spare batteries are intended to operate;
* * * * *
0
6. In Sec. 175.30, paragraphs (b) introductory text, (c) introductory
text, and (c)(1) are revised to read as follows:
Sec. 175.30 Inspecting shipments.
* * * * *
(b) Except as provided in paragraph (d) of this section, no person
may carry a hazardous material in a package or overpack aboard an
aircraft unless the package or overpack is inspected by the operator of
the aircraft immediately before placing it:
* * * * *
(c) A hazardous material may be carried aboard an aircraft only if,
based on the inspection by the operator, the package or overpack
containing the hazardous material:
(1) Has no leakage or other indication that its integrity has been
compromised; and
* * * * *
0
7. Section 175.33 is revised to read as follows:
Sec. 175.33 Shipping paper and information to the pilot-in-command.
(a) When a hazardous material subject to the provisions of this
subchapter is carried in an aircraft, the operator of the aircraft must
provide the pilot-in-command and the flight dispatcher or other ground
support personnel with responsibilities for operational control of the
aircraft with accurate and legible written information (e.g.,
handwritten, printed, or electronic form) as early as practicable
before departure of the aircraft, but in no case later than when the
aircraft moves under its own power, which specifies at least the
following:
(1) The date of the flight;
(2) The air waybill number (when issued);
(3) The proper shipping name (the technical name(s) shown on the
shipping paper is not required), hazard class or division, subsidiary
risk(s) corresponding to a required label(s), packing group and
identification number of the material as specified in Sec. 172.101 of
this subchapter or the ICAO Technical Instructions (IBR, see Sec.
171.7 of this subchapter). In the case of Class 1 materials, the
compatibility group letter also must be shown.
(4) The total number of packages;
(5) The exact loading location of the packages;
(6) The net quantity or gross mass, 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;
(7) For Class 7 (radioactive) materials, the number of packages
overpacks or freight containers, their category, transport index (if
applicable), and their exact loading location;
(8) Confirmation that the package must be carried on cargo-only
aircraft;
(9) The airport at which the package(s) is to be unloaded;
(10) An indication, when applicable, that a hazardous material is
being carried under terms of a special permit or under a State
exemption as prescribed in the ICAO Technical Instructions (IBR, see
Sec. 171.7 of this subchapter);
(11) The telephone number from whom the information contained in
the information to the pilot-in-command can be obtained. The aircraft
operator must ensure the telephone number is monitored at all times the
aircraft is in flight. The telephone number is not required to be
placed on the information to the pilot-in-command if the phone number
is in a location in the cockpit available and known to the pilot-in-
command;
(12) For UN1845, Carbon dioxide, solid (dry ice), the information
required by this paragraph (a) may be replaced by the UN number, proper
shipping name, hazard class, total quantity in each cargo compartment
aboard the aircraft, and the airport at which the package(s) is to be
unloaded; and
(13)(i) For UN3480, Lithium ion batteries, and UN3090, Lithium
metal batteries, the information required by this paragraph (a) may be
replaced by the UN number, proper shipping name, hazard class, total
quantity at each specific loading location, and whether the package
must be carried on cargo-only aircraft.
(ii) For UN3480, Lithium ion batteries, and UN3090, Lithium metal
batteries, carried under a special permit or a State exemption as
prescribed in the ICAO Technical Instructions (IBR, see Sec. 171.7 of
this subchapter), must
[[Page 52900]]
meet all of the requirements of this section.
(iii) For UN3480, UN3481, UN3090, and UN3091 prepared in accordance
with Sec. 173.185(c), except those prepared in accordance with Sec.
173.185(c)(4)(vi), are not required to appear on the information to the
pilot-in-command.
(b)(1) The information provided to the pilot-in-command must also
include a signed confirmation or some other indication from the person
responsible for loading the aircraft that there was no evidence of any
damage to or leakage from the packages or any leakage from the unit
load devices loaded on the aircraft;
(2) The information to the pilot-in-command and the emergency
response information required by subpart G of part 172 of this
subchapter shall be readily available to the pilot-in-command and
flight dispatcher during flight.
(3) The pilot-in-command must indicate in writing (e.g.,
handwritten, printed, or electronic form) that the information to the
pilot-in-command has been received.
(c) The aircraft operator must--
(1) For shipping papers. (i) Ensure a copy of the shipping paper
required by Sec. 175.30(a)(2) accompanies the shipment it covers
during transportation aboard the aircraft.
(ii) Retain a copy of the shipping paper required by Sec.
175.30(a)(2) or an electronic image thereof, that is accessible at or
through its principal place of business and must make the shipping
paper available, upon request, to an authorized official of a federal,
state, or local government agency at reasonable times and locations.
For a hazardous waste, each shipping paper copy must be retained for
three years after the material is accepted by the initial carrier. For
all other hazardous materials, each shipping paper copy must be
retained by the operator for one year after the material is accepted by
the initial carrier. Each shipping paper copy must include the date of
acceptance by the carrier. The date on the shipping paper may be the
date a shipper notifies the air carrier that a shipment is ready for
transportation, as indicated on the air waybill or bill of lading, as
an alternative to the date the shipment is picked up or accepted by the
carrier. Only an initial carrier must receive and retain a copy of the
shipper's certification, as required by Sec. 172.204 of this
subchapter.
(2) For information to the pilot-in-command. Retain for 90 days at
the airport of departure or the operator's principal place of business.
(3) Have the shipping paper and information to the pilot-in-command
readily accessible at the airport of departure and the intended airport
of arrival for the duration of the flight.
(4) Make available, upon request, to an authorized official of a
Federal, State, or local government agency (which includes emergency
responders) at reasonable times and locations, the documents or
information required to be retained by this paragraph. In the event of
a reportable incident, as defined in Sec. 171.15 of this subchapter,
the aircraft operator must make immediately available to an authorized
official of a Federal, State, or local government agency (which
includes emergency responders), the documents or information required
to be retained by this paragraph (c).
(5) Specify the personnel to be provided the information required
by paragraph (a) of this section in their operations manual and/or
other appropriate manuals.
(d) The information required by paragraph (a) of this section and
the shipping paper required by (c)(1) of this section may be combined
into one document.
0
8. In Sec. 175.88, paragraph (c) is revised to read as follows:
Sec. 175.88 Inspection, orientation and securing packages of
hazardous materials.
* * * * *
(c) Packages containing hazardous materials must be:
(1) Secured in an aircraft in a manner that will prevent any
shifting or change in the orientation of the packages;
(2) Protected from being damaged, including by the shifting of
baggage, mail, stores, or other cargo;
(3) Loaded so that accidental damage is not caused through dragging
or mishandling; and
(4) When containing Class 7 (radioactive) materials, secured in a
manner that ensures that the separation requirements of Sec. Sec.
175.701 and 175.702 will be maintained at all times during flight.
Issued in Washington, DC, on October 5, 2018 under authority
delegated in 49 CFR 1.97.
Howard R. Elliott,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2018-22114 Filed 10-17-18; 8:45 am]
BILLING CODE 4910-60-P