3308 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, 175, 176, 

178, and 180 

[Docket Nos. PHMSA–2009–0126 (HM– 

215K)] 

RIN 2137–AE45 

Hazardous Materials: Harmonization 

With the United Nations 

Recommendations, International 

Maritime Dangerous Goods Code, and 

the International Civil Aviation 

Organization Technical Instructions for 

the Safe Transport of Dangerous 

Goods by Air 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: PHMSA is amending the 

Hazardous Materials Regulations to 

maintain alignment with international 

standards by incorporating various 

amendments, including changes to 

proper shipping names, hazard classes, 

packing groups, special provisions, 

packaging authorizations, air transport 

limited quantities, and vessel stowage 

requirements. These revisions are 

necessary to harmonize the Hazardous 

Materials Regulations with recent 

changes made to the International 

Maritime Dangerous Goods Code, the 

International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 

Goods by Air, and the United Nations 

Recommendations on the Transport of 

Dangerous Goods—Model Regulations. 

DATES: Effective date: January 19, 2011. 

Voluntary compliance date: PHMSA 

is authorizing voluntary compliance 

beginning January 1, 2011. 

Delayed compliance date: 

Compliance with the amendments 

adopted in this final rule is required 

beginning January 1, 2012. 

Incorporation by reference date: The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of January 19, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Michael Stevens, telephone (202) 366– 

8553, or Shane Kelley, telephone (202) 

366–0656, Standards and Rulemaking 

Division, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., 2nd Floor, 

Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Primary Topics of Concern Discussed in 

the ANPRM 

III. Comments Submitted in Response to 

Noteworthy Harmonization 

Amendments Proposed in the August 24, 

2010 NPRM; the Final Rule 

A. Harmonization Amendments Adopted 

in This Final Rule 

B. Harmonization Amendments Not 

Considered for Adoption in This Final 

Rule 

IV. Section-by-Section Review 

V. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for the 

Rulemaking 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Paperwork Reduction Act 

G. Regulatory Identifier Number (RIN) 

H. Unfunded Mandates Reform Act 

I. Environmental Assessment 

J. Privacy Act 

K. International Trade Analysis 

I. Background 

In a final rule published under Docket 

HM–181 (55 FR 52402, December 21, 

1990), the Research and Special 

Programs Administration (RSPA), the 

predecessor agency to the Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA), 

comprehensively revised the Hazardous 

Materials Regulations (HMR; 49 CFR 

Parts 171 to 180) to harmonize U.S. 

hazardous materials transportation 

requirements with the United Nations 

Recommendations on the Transport of 

Dangerous Goods (UN Model 

Regulations). The UN Model 

Regulations are not regulations, but 

rather are recommendations issued by 

the UN Committee of Experts on the 

Transport of Dangerous Goods 

(UNSCOE) and the Globally 

Harmonized System of Classification 

and Labeling of Chemicals (GHS). These 

Model Regulations are amended and 

updated biennially by the UNSCOE and 

serve as the basis for national, regional, 

and international modal regulations, 

including the International Maritime 

Organization’s International Maritime 

Dangerous Goods Code (IMDG Code) 

and International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 

Goods by Air (ICAO Technical 

Instructions). 

Since publication of the 1990 rule, we 

have issued eight additional 

international harmonization rules 

(Dockets HM–215A (59 FR 67390, 

December 29, 1994); HM–215B (62 FR 

24690, December 16, 1996); HM–215C 

(63 FR 57929, October 29, 1998); HM– 

215D (66 FR 8644, February 1, 2001); 

HM–215E (68 FR 1013, January 8, 2003); 

HM–215G (69 FR 76044, December 20, 

2004); HM–215I (71 FR 78596, 

December 29, 2006); and HM–215J (74 

FR 2200, January 14, 2009)) based on 

the corresponding biennial updates of 

the UN Model Regulations, the IMDG 

Code, and the ICAO Technical 

Instructions. 

To maintain alignment of the HMR 

with international requirements, in this 

final rule, we are incorporating changes 

based on the sixteenth revised edition of 

the UN Model Regulations, Amendment 

35–10 to the IMDG Code, and the 2011– 

2012 ICAO TI, which becomes effective 

January 1, 2011 (the IMDG Code is 

effective January 1, 2012). 

Federal law and policy strongly favor 

the harmonization of domestic and 

international standards for hazardous 

materials transportation. The Federal 

hazardous materials transportation law 

(Federal hazmat law; 49 U.S.C. 5101 et 

seq.) permits PHMSA to depart from 

international standards in order to 

promote safety or other overriding 

public interest, but otherwise requires 

PHMSA to align the HMR with 

international transport standards and 

requirements to the extent practicable 

(see 49 U.S.C. 5120). Harmonization 

enhances international trade by 

minimizing the costs and other burdens 

of complying with multiple or 

inconsistent safety requirements for 

transportation of hazardous materials to 

and from the United States. This 

becomes increasingly important as the 

volume of international hazardous 

materials shipments grows. 

Harmonization also enhances safety for 

international movements, but only if the 

international standards themselves 

provide an appropriate level of safety. 

PHMSA actively participates in the 

development of international standards 

for the transportation of hazardous 

materials, frequently advocating the 

adoption in international standards of 

particular HMR requirements. 

When considering the adoption of 

international standards under the HMR, 

we review and evaluate each 

amendment on its own merit, on the 

basis of its overall impact on 

transportation safety, and the economic 

implications associated with its 

adoption into the HMR. Our goal is to 

harmonize without diminishing the 

level of safety currently provided by the 

HMR and not impose undue burdens on 

the regulated public. 

II. Primary Topics of Concern 

Discussed in the ANPRM 

PHMSA published an advance notice 

of proposed rulemaking (ANPRM) (74 


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FR 53982, October 21, 2009) 

highlighting issues under consideration 

for harmonization with international 

standards and requesting comments as 

to whether the HMR should be amended 

to incorporate specific international 

standards and the potential benefits and 

costs of doing so. 

Comments on specific harmonization 

issues covered in the ANPRM are 

discussed in brief below. Please review 

the notice of proposed rulemaking 

(NPRM) (75 FR 52070, August 24, 2010) 

for a complete discussion of comments 

to the ANPRM. 

A. Limited Quantities and Consumer 

Commodities 

PHMSA has long recognized the need 

to authorize limited exceptions for the 

transportation of classes and quantities 

of hazardous materials described as 

limited quantities, or consumer 

commodities reclassed as ORM–D. 

Considerable efforts have been made 

internationally to harmonize multimodal standards with regard to the 

transport of limited quantities, 

including consumer commodities. 

PHMSA held public meetings on this 

issue in February 2006 and March 2008 

to discuss potential impacts on 

domestic stakeholders. Additionally, 

this issue was discussed during the 

agency’s pre-UN public meetings held 

in 2006 and 2007. There was 

considerable domestic interest in 

pursuing further harmonization 

internationally due to the potential for 

substantial savings in transportation 

costs and improved transportation 

efficiency. In the ANPRM (74 FR 53982, 

October 21, 2009), PHMSA invited 

comments on this issue with regard to 

aligning the HMR with the UN Model 

Regulations for the domestic and 

international transport of limited 

quantities and consumer commodities. 

Of particular concern was any potential 

negative impact on domestic 

transportation through the elimination 

of the transportation mechanism for 

limited quantity hazardous materials 

reclassed as ORM–D. While some 

changes adopted in the UN Model 

Regulations are similar to provisions 

currently in the HMR (e.g., inner 

packaging limits and authorized use of 

non-specification outer packagings), 

some changes are not (e.g., marking and 

labeling). In the ANPRM, PHMSA 

suggested that, depending on comments 

received and our own evaluation, the 

agency may determine that the 

significance of any amendments on this 

issue may warrant a separate 

rulemaking action. 

We received several comments 

submitted in response to the ANPRM 

supporting adoption of the UN Model 

Regulation limited quantity provisions 

into the HMR. The commenters urged 

PHMSA to move forward and adopt the 

limited quantity provisions as 

prescribed in the sixteenth revised 

edition of the UN Model Regulations. 

However, several commenters expressed 

concern that this should not be done at 

the expense of the ORM–D provisions 

currently in the HMR. Some altogether 

opposed the elimination of the existing 

provisions for ORM–D materials as part 

of HM–215K and recommended that any 

changes to the requirements be made 

through a separate rulemaking. 

In the NPRM (75 FR 52070, August 

24, 2010), PHMSA outlined its 

determination, partially based on our 

perception of favorable comments 

received in response to the ANPRM, 

that aligning the existing limited 

quantity provisions in the HMR with the 

international standards and regulations 

(i.e., UN Model Regulations, IMDG Code 

and the ICAO TI) would enhance safety 

by facilitating a single, uniform system 

of transporting limited quantity 

materials. We emphasized the proposals 

did not include the immediate or shortterm removal of the existing provisions 

in the HMR for limited quantities 

reclassed as ORM–D (including those 

for consumer commodities, cartridges, 

small arms and cartridges, power 

device) and included a delayed 

compliance period we believed was 

sufficient in length to allow 

stakeholders time to comply with the 

transition to the revised limited quantity 

requirements and eventual elimination 

of the ORM–D classification. Because 

the limited quantity provisions in the 

UN Model Regulations and the IMDG 

Code are closely aligned with those 

already contained in the HMR, we 

contended that domestic alignment for 

highway, rail and vessel transportation 

would result in minimal impact and 

regulatory burden. And, because of the 

inherent risk unique to air 

transportation, we believed full 

harmonization with the ICAO TI (where 

appropriate) was necessary with regard 

to the materials authorized and quantity 

limits for limited quantities (including 

consumer commodities) intended for 

transport by air. 

B. Classification of Division 1.4S 

Explosives 

For eight Division 1.4 explosive 

articles (UN0323, UN0366, UN0441, 

UN0445, UN0455, UN0456, UN0460, 

and UN0500), the UN Model 

Regulations have been amended to 

require a Type 6(d) test to determine 

whether such articles may be assigned 

to Compatibility Group S. Assignment 

to Compatibility Group S indicates that 

hazardous effects from accidental 

functioning are limited to the extent the 

article or substance does not 

significantly hinder or prohibit fire 

fighting or emergency response efforts 

in the immediate vicinity of a package 

containing the material. The test is 

designed to be performed on a single 

package containing an explosive article 

or explosive substance to determine if 

the package is capable of containing any 

hazardous effects in the event of an 

accidental functioning of its contents. 

The amendment is supplemented by 

revisions to the explosives testing 

standards in the UN Manual of Tests 

and Criteria as well as the adoption of 

a new special provision that would 

authorize the use of the above 

mentioned identification numbers only 

if the results of the Type 6(d) test 

successfully demonstrate that any 

hazardous effects are confined within a 

package. In the ANPRM, we invited 

commenters to provide data and 

information concerning the possible 

safety impacts of the new test provisions 

and compliance costs that would be 

incurred if the new test were adopted 

into the HMR. In addition, we invited 

commenters to provide suggestions or 

recommendations concerning whether 

to apply the test to already-approved 

explosives. 

We received several comments both 

supporting and opposing adoption of 

the Type 6(d) test to determine whether 

a Division 1.4 explosive article may be 

assigned to Compatibility Group S. All 

the commenters who addressed this 

issue indicated that, if adopted, the test 

must be applied to previously-approved 

articles in a manner that is reasonable 

and not overly broad. One suggestion 

was to allow the classification of 

previously-approved explosive articles 

to be based on results of testing of 

product groups by a PHMSA-approved 

laboratory or on results of self-testing 

and video documentation by the 

manufacturer. 

Commenters opposing adoption of the 

Type 6(d) test suggested that more 

research on the practical effect of this 

testing requirement is necessary and 

that the lack of grandfathering criteria 

for products already approved as 

Division 1.4S explosives (e.g., power 

device cartridges) is impractical, 

expensive, and impedes commerce. 

They also indicated concern regarding 

the cost of articles consumed in testing 

in addition to the cost of pre-testing or 

redesign of an article by a manufacturer 

to ensure passing the Type 6(d) test, but 

did not quantify these costs. 


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C. Classification of Sour Crude Oil 

Currently, all types of petroleum 

crude oil are listed as a Class 3 

flammable liquid in the § 172.101 

Hazardous Materials Table (HMT). 

PHMSA is aware that transportation of 

a certain type of crude oil known as 

‘‘sour’’ crude oil may pose risks not 

associated with other types of crude oil 

due to its inherent potential of evolving 

hydrogen sulfide, a highly toxic and 

flammable gas. Sour crude oil, 

commonly found in North America, 

contains a high concentration of sulfur. 

The evolution of hydrogen sulfide 

vapors from crude oil is dependent on 

temperature, packaging confinement, 

transport conditions (e.g., sloshing), 

bacteria, and sulfur concentration, 

among many other potential factors. 

When transported in bulk packagings 

such as cargo tanks or tank cars, the 

evolved hydrogen sulfide gas may build 

up in the vapor space of the packaging, 

posing a potential risk, particularly 

during loading and unloading. 

Based on the risk of toxic vapors, the 

UN Model Regulations were amended 

by assigning a new identification 

number and shipping description for 

sour crude oil with a flammable primary 

hazard and a toxic subsidiary hazard. 

Additionally, a new special provision 

was added specifying the assignment of 

a Packing Group (PG) based on the 

degree of danger presented by either the 

flammability or toxicity hazard of the 

sour crude oil. For example, sour crude 

oil meeting flammability criteria for 

Class 3, PG II, and toxicity criteria for 

Division 6.1, PG I, poisonous-byinhalation, would be classified as a 

Class 3, PG I material. 

In the ANPRM, PHMSA invited 

commenters to provide data and 

information concerning the impact on 

domestic shippers and carriers if these 

requirements were adopted in the HMR. 

The agency also asked for comments 

addressing which hazard 

communication methods (e.g., package 

markings, shipping papers) and/or 

packaging requirements are most costeffective for communicating the hazards 

and reducing the risks of transporting 

sour crude oil. 

We received comments opposing 

adoption of the UN amendments for the 

description and classification of sour 

crude oil into the HMR. The 

commenters recommended against 

requiring domestic use of the new 

proper shipping name for sour crude oil 

with a Division 6.1 subsidiary risk and 

recommended that use be limited to 

international transport. Commenters 

further recommended that PHMSA 

should require drivers engaged in the 

loading and unloading of sour crude oil 

to wear a hydrogen sulfide monitoring 

device and have respiratory protection 

accessible, and require warning signs at 

the cargo tank manhole and area of 

operation. Additionally, commenters 

recognized that hydrogen sulfide gas is 

a hazard, but suggested that 

classification of crude oil at the time of 

shipment may not reflect the toxicity of 

hydrogen sulfide in the vapor space of 

a cargo tank or other packaging after the 

crude oil has been in transportation. 

They also noted that there are best 

industry practices already in place that 

address this issue and that the 

Occupational Safety and Health 

Administration (OSHA) has 

requirements in place to communicate 

the hazards of hydrogen sulfide in the 

workplace. They supported other means 

of hazard communication to ensure that 

workers are aware of the hazards of 

hydrogen sulfide such as a marking on 

a bulk packaging. 

D. IBC Rebottling 

Under both the UN Model Regulations 

and the HMR, replacement of the rigid 

plastic receptacle of a composite IBC is 

considered a ‘‘repair’’ under certain 

conditions and, thus not subject to 

design qualification testing as a new or 

different design. The UN Model 

Regulations were amended to specify 

that a replacement bottle (i.e., rigid 

plastic receptacle) must be of the 

original tested design type and limits 

the replacement to a bottle from the 

original manufacturer. In the ANPRM, 

we invited comments on this 

amendment and how, if adopted into 

the HMR, it would impact the use of 

IBCs in domestic or international 

commerce. 

All commenters who addressed this 

issue supported the adoption of the UN 

Model Regulations definition of ‘‘repair’’ 

for IBC rebottling purposes. The 

comments included a request for an 

extended compliance date of January 1, 

2012 to provide users and 

manufacturers of composite IBCs 

adequate time to implement the 

provision and not place them at an 

economic disadvantage with 

international counterparts. 

E. Metal Hydride Storage Systems in 

Conveyances 

A metal hydride storage system is a 

single complete hydrogen storage 

system that includes a receptacle, metal 

hydride, a pressure relief device, a shutoff valve, service equipment, and 

internal components. The HMR 

currently do not prescribe specific 

packaging or shipping methods for 

metal hydride storage systems 

containing hydrogen. However, PHMSA 

has issued a number of special permits 

to allow the use of these systems for 

transport. The UN Model Regulations, 

in new Packing Instruction P205, 

prescribe standards for the construction, 

qualification, marking and 

requalification of such systems. In the 

ANPRM, PHMSA invited comments on 

whether similar standards should be 

adopted into the HMR. One commenter 

supported adoption of the standards for 

the construction, qualification, marking, 

and requalification of metal hydride 

storage systems containing hydrogen. 

F. In Vitro Testing for Corrosivity 

In 1993, RSPA began recognizing an 

alternative test method (i.e., in vitro 

testing commercially available as 

Corrositex®), which is not carried out in 

live animals, to determine the 

corrosivity of a hazardous material for 

transportation purposes under the terms 

and conditions specified in a special 

permit (DOT–SP 10904). Similar in vitro 

test methods are prescribed in the 

following Organization for Economic 

Cooperation and Development (OECD) 

Guidelines for the Testing of Chemicals 

and were adopted in the UN Model 

Regulations: 

• No. 430, ‘‘In Vitro Skin Corrosion: 

Transcutaneous Electrical Resistance 

Test (TER)’’ (2004); 

• No. 431, ‘‘In Vitro Skin Corrosion: 

Human Skin Model Test’’ (2004); and, 

• No. 435, ‘‘In Vitro Membrane Barrier 

Test Method for Skin Corrosion’’ (2006). 

Because methods 430 and 431 can be 

used to determine corrosivity for other 

than transportation purposes, they 

cannot be used to determine the Packing 

Group (PG) assignment of a material that 

tests positive for corrosivity for the 

purposes of hazardous materials 

transportation. A negative result for 

corrosivity under methods 430 and 431 

can, however, preclude further testing to 

determine PG assignment using method 

404, the current OECD Guideline 

involving in vivo testing or method 435, 

the newly adopted OECD Guideline 

involving in vitro testing. 

All commenters responding to the 

ANPRM supported adoption and use of 

the OECD in vitro test methods for 

determining corrosivity on the basis of 

reducing the number of tests requiring 

live animals. 

III. Comments Submitted in Response 

to Noteworthy Harmonization 

Amendments Proposed in the August 

24, 2010 NPRM; the Final Rule 

In our latest harmonization effort, we 

received over 2,200 comments in 

response to the NPRM (75 FR 52070, 

August 24, 2010). The majority of the 


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comments received were from 

individuals in support of adoption of 

corrosivity testing methods not based on 

the results of live animal testing. The 

following individuals, companies, and 

organizations submitted comments to 

the NPRM (in chronological order of 

submittal). We note, however, that in 

lieu of listing each individual 

commenting, we have listed PETA as a 

proxy for all comments received 

supporting adoption of corrosivity 

testing methods alternative to live 

animal testing: 

(1) R.R. Street & Co. (Street); 

(2) Infotrac; 

(3) Vanguard Logistics Services (VLS); 

(4) Zebrowski, Department of Energy (DOE); 

(5) 3M; 

(6) The Japan Electrical Manufacturer’s 

Association (JEMA); 

(7) Andersen Products (Andersen); 

(8) FedEx Express (FedEx); 

(9) Saft America, Inc. (Saft); 

(10) People for the Ethical Treatment of 

Animals (PETA); 

(11) Toshiba America Electronic 

Components, Inc. (TAEC); 

(12) Association of Hazmat Shippers, Inc. 

(AHS); 

(13) National Nuclear Security 

Administration Service Center, DOE 

(NNSA); 

(14) Sporting Arms and Ammunition 

Manufacturer’s Institute (SAAMI); 

(15) Baker Hughes (Baker); 

(16) Signa Chemistry, Inc. (Signa); 

(17) Institute of Maker’s of Explosives 

(IME); 

(18) United Parcel Service (UPS); 

(19) Titan Specialties, Ltd. (Titan); 

(20) Human Focused Testing; 

(21) American Veterinary Medical 

Association (AVMA); 

(22) Valspar; 

(23) Utility Solid Waste Activities Group 

(USWAG); 

(24) Trulite, Inc. (Trulite); 

(25) The Rechargeable Battery Association 

(PRBA); 

(26) American Petroleum Institute (API); 

(27) American Coatings Association, Inc. 

(ACA); 

(28) BIC Corporation (BIC); 

(29) American Trucking Associations 

(ATA); 

(30) Council on Safe Transportation of 

Hazardous Articles, Inc. (COSTHA); 

(31) Healthcare Distribution Management 

Association (HDMA); 

(32) Aviation Suppliers Association (ASA); 

(33) Modification and Replacement Parts 

Association (MARPA); 

(34) International Vessel Operators 

Dangerous Goods Association (IVODGA); 

(35) TravelScoot, USA (Scoot); 

(36) Dangerous Goods Advisory Council 

(DGAC); 

(37) Lilliputian Systems, Inc. (LSI); 

(38) Department of Defense Explosives 

Safety Board (ESB); 

(39) Ensign-Bickford Aerospace & Defense 

(EBAD) 

(40) Safety Specialists, Inc. (SSI); 

(41) Owen Compliance Services, Inc. (OCS); 

(42) Potomac Strategy Associates (PSA); 

(43) Arkema, Inc. (Arkema); 

(44) Association of American Railroads 

(AAR); 

(45) Air Line Pilots Association (ALPA); 

(46) US Fuel Cell Council (USFCC); 

(47) International Air Transport Association 

(IATA); 

(48) Alaska Airlines (AA); 

(49) PPG Industries, Inc. (PPG); and 

(50) Edgcomb Law Group (ELG). 

A. Harmonization Amendments 

Adopted in This Final Rule 

In this final rule, PHMSA is adopting 

the following amendments to harmonize 

the HMR with the most recent revisions 

to the UN Model Regulations, ICAO 

Technical Instructions, and the IMDG 

Code: 

1. Petitions for Rulemaking 

We are addressing one petition for 

rulemaking, P–1550, from PETA 

requesting that PHMSA incorporate by 

reference OECD Guidelines 430, 431 

and 435 into the HMR that prescribe in 

vitro testing methods for determining 

corrosivity. 

2. Hazardous Materials Table (HMT) 

Amendments to the HMT to add, 

revise, or remove certain proper 

shipping names, hazard classes, packing 

groups, special provisions, packaging 

authorizations, bulk packaging 

requirements, passenger and cargo 

aircraft maximum quantity limitations, 

and vessel stowage provisions. 

3. Organic Peroxide Tables 

Amendments to the Organic Peroxide 

Tables to add, revise, or remove certain 

hazardous materials and provisions. 

4. Incorporation by Reference 

Amendments to incorporate by 

reference the 2011–2012 ICAO 

Technical Instructions, Amendment 35– 

10 to the IMDG Code, sixteenth revised 

edition of the UN Model Regulations 

and the fifth revised edition of the UN 

Manual of Tests and Criteria. 

Additionally, we are updating our 

incorporation by reference of the 

Canadian Transportation of Dangerous 

Goods Regulations to include 

Amendment 6 (SOR/2008–34) February 

7, 2008 (pertains to miscellaneous 

amendments); and Amendment 7 (SOR/ 

2007–179) August 22, 2007 (pertains to 

highway cargo tanks). This 

incorporation by reference augments the 

broad reciprocity provided in § 171.12 

where the HMR allow the use of the 

Canadian TDG Regulations under 

certain conditions when transporting 

hazardous materials to or from Canada 

by highway or rail. 

5. Limited Quantities 

We received a number of comments in 

response to the limited quantity and 

ORM–D classification amendments 

proposed in the August 2010 NPRM. 

Commenters can basically be 

categorized into two groups: Those 

supporting harmonization with the 

international standards and regulations 

for limited quantities and those in 

opposition to the eventual elimination 

of the ORM–D classification. The 

remainder of the commenters offered 

suggestions or revisions to clarify or aid 

understanding of the proposed 

amendments. 

Those commenters generally 

supporting harmonization of the limited 

quantity provisions include: 

Alaska Airlines; 

American Coatings Association; 

American Trucking Associations; 

Association of Hazmat Shipper, Inc.; 

Council on Safe Transportation of Hazardous 

Articles, Inc.; 

Dangerous Goods Advisory Council; 

FedEx Express; 

International Vessel Operators Dangerous 

Goods Association; 

PPG Industries, Inc.; 

Sporting Arms and Ammunition 

Manufacturers Institute, Inc.; and 

United Parcel Service. 

Those commenters opposing the 

eventual elimination of the ORM–D 

hazard classification include: 

American Coatings Association; 

Aviation Suppliers Association; 

Healthcare Distribution Management 

Association; 

Modification and Replacement Parts 

Association; 

PPG Industries, Inc.; 

Safety Specialists, Inc.; 

Utility Solid Waste Activities Group; and 

Valspar. 

Due to the large number of 

commenters and the variety of 

comments provided, we outline 

pertinent topic areas to better address 

all the comments. The comments are 

discussed and addressed as follows: 

a. Air-specific requirements. In the 

NPRM, we proposed to revise § 173.27 

to add a new table outlining air 

transport requirements for limited 

quantity material including package 

quantity limits consistent with the ICAO 

Technical Instructions. The proposed 

quantity limits for air transport differ 

from the quantity limits for other 

modes, which was a point of contention 

for some commenters. Three 

commenters (ACA, DGAC, SSI) 

disagreed with the adoption of the 

proposed package limits in the table and 

one commenter (COSTHA) expressed 

concern that the table is too broad. ACA 

asserted: 


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Introducing these limits will only frustrate 

domestic transportation and introduce 

unnecessary complexity into a fairly simple 

process. In the coatings industry, air 

shipments are not the norm and are only 

used when there is some urgency or the 

destination is a remote location. Requiring 

different inner and outer packaging quantity 

limits for air will eliminate the efficiency of 

a ‘‘one size fits all LQ shipments’’ process. 

SSI added: 

Some materials that were ORM–D may not 

be eligible to be shipped as limited quantity. 

Most inner packagings have been severely 

reduced. Isopropanol UN1219 (rubbing 

alcohol) can be presently shipped in inner 

containers up to 1 liter. Under the new Table 

3 the inner container is reduced to 500 

milliliter. This product is normally sold in 

pints, quarts, and gallons. Quarts would not 

be eligible for limited quantity air shipments. 

This will require shippers to ship in UN 

standard packaging, apply hazard class labels 

and meet all other requirements for fully 

regulated shipments. 

We understand that more inner 

packagings may be required of a 

material authorized to be shipped as a 

limited quantity by air. SSI used 

Isopropanol as an example in their 

comments where the inner packaging 

quantity limits are reduced from 1 liter 

to 500 milliliters for a Packing Group II 

Class 3 (flammable liquid) when the 

current limits of the HMR are compared 

with the ICAO Technical Instructions. 

SSI also stated that the product is sold 

in pints, quarts and gallons. Currently 

under the HMR, the gallon is ineligible 

as a limited quantity. Under the 

amendment proposed in the NPRM, the 

gallon and quart would be ineligible for 

air transport as a limited quantity. 

However, because the outer packaging 

quantity limit is 1 liter for a Packing 

Group II Class 3 (flammable liquid), SSI 

would just have to substitute 2 one-pint 

inner packagings for a one-quart 

container of product in the same 

package. 

DGAC reasoned: 

The HMR limited quantity provisions 

predate ICAO TI limited quantity provisions. 

When limited quantity provisions were 

introduced in the ICAO TI * * * on the basis 

of existing U.S. limited quantity provisions, 

additional limitations were included * * * 

RSPA and PHMSA have, up until now, not 

deemed it necessary to incorporate these 

limitations in the HMR. The long intervening 

period between when the limits were first 

introduced in the ICAO TI and the present 

suggests that it is unnecessary to adopt these 

limits for the sake of harmonization. Further, 

[we are] unaware of any new safety 

information that would justify introducing 

these limits at this time. 

DGAC further argued: 

Introducing these limits will serve to 

frustrate domestic transportation. A key 

objective of * * * PHMSA has been to 

provide multimodal harmonization * * * so 

that the same package will essentially be 

suitable by all modes of transportation. This 

is currently true for limited quantity 

packages * * * By introducing new limits, as 

shown in the table referenced by proposed 

§ 173.27(f), limited quantity packages 

prepared for ground or sea transport may not 

necessarily be suitable for air transport. Most 

shippers commonly transport * * * limited 

quantity packages by modes other than air. 

Currently, with limited quantity package 

requirements for all modes closely aligned, 

transporting a limited quantity package is 

relatively straightforward. If the limitations 

on inner and outer package quantity limits 

and new performance requirements are 

introduced * * * it may be necessary to 

repackage ground/sea limited quantity 

packages for purposes of air transport. [We] 

are unaware of any safety concerns that 

would justify the imposition of these new 

limitations. 

Major differences already exist under 

the HMR for the air transport of limited 

quantities as compared to other modes. 

For example, limited quantity and 

consumer commodity inner packagings 

containing liquids are subject to the 

pressure differential capability 

requirements in § 173.27(c). 

COSTHA explained further confusion: 

It is important for shippers to use the 

§ 172.101 Table to determine eligibility for a 

limited quantity * * * However, if one uses 

only Table 3, the shipper may 

inappropriately determine that a material is 

eligible for shipment as a limited quantity. 

For example, [c]hlorosilanes are not 

permitted to be packaged in accordance with 

limited quantity provisions * * * however, 

[certain classes of PG II materials] (many 

chlorosilanes fall into these classes) are 

identified as having acceptable limits * * * 

according to the § 173.27 Table 3. Given that 

limited quantities is a source of confusion for 

many shippers and carriers, this table does 

less to clarify a point and more to confuse the 

reader. 

Section 173.27(f) clearly states that, 

for transportation by aircraft, materials 

packaged as limited quantities must be 

eligible for transportation aboard a 

passenger-carrying aircraft. In this final 

rule, we are adding additional 

clarification in § 173.27(f) to emphasize 

this critical step in determining limited 

quantity eligibility by also referring the 

reader to Column (9A) of the HMT. As 

stated in the NPRM, PHMSA is studying 

the feasibility of revising the HMT to 

further assist in determining limited 

quantity eligibility by air or possibly by 

all modes of transportation. 

Two commenters (ASA, MARPA) 

were critical of the nature of proposed 

regulatory changes without an apparent 

safety need, specifically with regard to 

the limited quantity marking for air 

transport consistent with the ICAO 

Technical Instructions. The commenters 

argued that the constant changes make 

compliance with the regulations 

difficult. ASA and MARPA stated: 

The 2009–2010 [ICAO TI] authorized 

* * * the UN identification number in a 

diamond shape [as] the mandatory way to 

mark limited quantity packages starting in 

2011 * * * Beginning in 2011, ICAO has 

abandoned the marking protocols announced 

in 2009, and established a new, different 

identification protocol for identifying limited 

quantities * * * Instead of placing the UN 

identification number in the diamond shape, 

shippers will be required to place a ‘‘Y’’ in the 

diamond shape * * * There appears to be no 

reason other than mere harmonization for the 

sake of harmonization for adopting the ICAO 

limited quantity marking. [The] marking 

provides no additional value * * * because 

many people in the United States system will 

have no idea what the ‘‘Y’’ marking means 

* * * Although ‘‘Y’’ is the letter that 

precedes limited quantity packing 

instructions in the ICAO system, the letter 

‘‘Y’’ has no special meaning in the existing 

United States Regulations. 

b. Dual marking system. Support for 

harmonization efforts including the 

adoption of the square-on-point limited 

quantity marking (i.e., the square-onpoint with top and bottom portions 

black and the center white) generally 

coincided with support for the eventual 

elimination of the ORM–D classification 

along with the ORM–D marking. The 

basis for support was that this would 

eliminate a dual system of marking 

packages for domestic and international 

transportation. With regard to 

elimination of a dual marking system, 

some commenters (AA, FedEx, 

IVOGDA) indicated that a dual system 

of marking creates confusion and 

requires carriers and shippers to adjust 

their training programs to account for 

this dual system. They therefore 

recommend PHMSA consider an earlier 

implementation date than the proposed 

January 1, 2013 date. AA added: 

We encounter almost every day reused 

boxes in the U.S. mail, passenger baggage, or 

cargo shipments that have old ORM–D 

marks. This takes considerable time to 

inspect and causes frustration to the public 

when non-hazardous shipments are denied 

transportation because of a marking they do 

not understand as an indication of hazardous 

materials. 

PHMSA notes that adoption of a new 

limited quantity marking(s) may not 

necessarily alleviate or eliminate use of 

packaging premarked with the limited 

quantity square-on-point for nonhazardous materials. 

Notwithstanding the general 

comments regarding dual marking, 

several commenters offered suggestions 

or revisions to improve or clarify the 

proposed requirements. As part of the 

NPRM, we authorized voluntary use of 


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the limited quantity marking. UPS urged 

PHMSA to delay voluntary use to allow 

carriers time to develop appropriate 

training in response to a final rule, 

stating that: 

In [our] experience, this kind of 

authorization * * * can lead to practical 

difficulties which in turn could have 

compliance and safety implications * * * 

Training in UPS will be needed to educate 

U.S. package handlers of the meaning of the 

limited quantity marking. 

Additionally, on the basis of their 

opposition to adoption of the air 

transport requirements for limited 

quantities consistent with the ICAO TI, 

DGAC recommended that: 

The ‘‘Y’’ package mark [proposed] in 

§ 172.315 not be required * * * [and] 

recommend that [PHMSA] allow permissive 

use of the ‘‘Y’’ mark for all modes of transport 

when the package meets the relevant 

requirements of the ICAO TI. 

We agree with the DGAC 

recommendation that a ‘‘Y’’ marked 

package in full conformance with the air 

transport requirements for a limited 

quantity package should be authorized 

transportation by all modes and are 

revising § 171.22 accordingly. However, 

we do not agree with their suggestion 

that the limited quantity ‘‘Y’’ mark be 

voluntary. There are currently two 

different ways to mark a package of 

limited quantities in the HMR and a 

third (four if counting packaged ORM– 

D–AIR materials) would be very 

disruptive. Therefore, in this final rule, 

PHMSA is adopting the ‘‘Y’’ mark as 

proposed and providing a transition 

period to allow for the continued use of 

existing markings until January 1, 2012. 

c. Elimination of the ORM–D class. 

Most commenters opposing the 

elimination of the ORM–D classification 

recommend using a separate rulemaking 

to implement this proposal. Some 

question whether the costs of 

eliminating this classification have been 

fully considered; others question 

whether there is sufficient safety 

justification to warrant replacing the 

current domestic ORM–D provisions 

with internationally harmonized 

provisions. A sampling of comments 

received follows. ACA argued: 

Although [we] supported harmonization of 

the limited quantities exceptions at the UN 

discussions, [there was an] understanding 

that the consumer commodity exception was 

a separate issue * * * In the coatings and 

adhesives industry, we are unaware of any 

major incidents with consumer commodity 

shipments. While PHMSA indicates that 

‘‘aligning the existing limited quantity 

provisions in the HMR with the international 

standards will substantially enhance safety,’’ 

we question how this applies to the proposal 

to eliminate ORM–D consumer commodities. 

Valspar asserted: 

We believe PHMSA has overreached the 

HM–215 harmonization process by proposing 

* * * to eliminate the well-defined ORM–D 

(Consumer Commodity) hazard class. We 

believe any proposal * * * should not be 

linked to the international harmonization 

program. In several industry/regulatory 

conferences it has been proposed that 

Limited Quantity and Consumer Commodity 

are synonymous. We do not agree with this 

premise and strive to ensure that our 

‘‘Consumer Commodities’’ meet the spirit and 

HMR definition of ‘‘* * * intended or 

suitable for sale through retail sales agencies 

or instrumentalities for consumption by 

individuals for purposes of personal care or 

household use.’’ [We ship] many items under 

Limited Quantity provisions that we do not 

believe meet the ‘‘suitability’’ test and assert 

there is an important distinction between the 

two. We applaud PHMSA for clearly defining 

the pathway to ORM–D through Limited 

Quantity and Special Provision options and 

can only imagine whether this can be 

misused through other less clear regulation 

* * * We challenge PHMSA to revisit the 

assertion to Executive Order 12866 cited in 

the HM–215K NPRM that only considers the 

listed harmonization to be beneficial, with no 

acknowledgement of the financial cost to 

ORM–D shippers. 

DGAC expressed concern that: 

Eliminating the ORM–D classification and 

package marking [will make it] that such 

packages will no longer be excepted from the 

§ 175.75 requirements for air transport. No 

similar requirement applies under the ICAO 

TI so * * * this change cannot be justified 

on the basis of harmonization * * * [We 

believe] PHMSA considers limited quantity 

packages and currently classified ORM–D 

packages as posing comparable hazard[s]. 

Consistent with that approach, we 

recommend that PHMSA similarly except all 

limited quantity packages from the § 175.75 

requirements. 

We agree with DGAC regarding 

§ 175.75 quantity limits for limited 

quantity packages and are revising the 

section accordingly. Limited quantity 

shipments will enjoy the same 

exception from the § 175.75 quantity 

limits as ORM–D–AIR materials 

currently receive. 

USWAG stated: 

We believe elimination of the ORM–D 

standards for transportation * * * will 

disrupt longstanding shipping practices 

while failing to provide commensurate safety 

benefits. 

The commenter also expressed 

concern for downstream shippers who 

have received ORM–D packages but can 

no longer transport this package 

beginning on the January 1, 2014 

proposed compliance date. USWAG 

encouraged PHMSA to implement a 

phased-in approach that would 

authorize downstream shippers (that do 

not repackage these materials) to use 

ORM–D provisions for an additional 

period of time. 

One commenter (HDMA) provided 

information that the proposal as written 

would impose significant cost on the 

domestic transport of medicines and 

other healthcare or consumer products. 

HDMA members concluded that 

compliance with the regulations would 

require replacement of more than 10 

million plastic totes embossed with the 

ORM–D marking, costing members an 

estimated $70 million to purchase new 

totes with the new limited quantity 

marking. HDMA is prepared to phase 

out the use of totes with the ORM–D 

marking but believes this should be 

done over an extended period of time to 

enable existing totes embossed with the 

marking to be used over their lifetime. 

HDMA stated: 

PHMSA may not have recognized that 

some industries rely on containers that are 

embossed with the transport mark and hence 

conversion to a new mark is considerably 

more complicated than simply changing a 

label. 

Just as PHMSA has done in the past, 

if there is merit to a particular segment 

of the regulated community requiring a 

longer transition period to be 

considered, it shall be observed on a 

case-by-case basis. In their comments, 

HDMA did not indicate what a ‘‘normal’’ 

lifetime would be. In their defense, 

however, they provided comments that 

were quantified and directly related to 

their concerns about the regulatory and 

economic burden placed upon their 

particular industry. 

Finally, several commenters (e.g., 

COSTHA, FedEx) noted concern over 

use of the ORM–D mark after the 

transition period ends (i.e., beginning 

January 1, 2014). The commenters 

recommend that PHMSA clarify that at 

the end of the transition period, a 

package marked with the ORM–D mark 

will no longer indicate that a packaging 

contains a hazardous material (i.e., a 

consumer commodity). 

d. Conclusion. In the August 2010 

NPRM, PHMSA outlined our 

determination, partially based on our 

perception of favorable comments 

received in response to the ANPRM, 

that aligning the existing limited 

quantity provisions in the HMR with the 

international standards and regulations 

(i.e., UN Model Regulations, IMDG Code 

and the ICAO TI) would enhance safety 

by facilitating a single, uniform system 

of transporting limited quantity 

materials. We emphasized the proposals 

did not include the immediate or shortterm removal of the existing provisions 

in the HMR for limited quantities 

reclassed as ORM–D (including those 


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for consumer commodities, cartridges, 

small arms and cartridges, power 

device) and included a delayed 

compliance period we believed was 

sufficient in length to allow 

stakeholders time to comply with the 

transition to the revised limited quantity 

requirements and eventual elimination 

of the ORM–D classification. 

Based on careful consideration of the 

comments received in response to the 

proposals made in the NPRM, PHMSA 

is moving forward with a substantially 

revised final rule that adopts the new 

limited quantity provisions and the 

eventual phase-out of the ORM–D 

hazard class. This will implement a 

standardized system for national and 

international multimodal transportation. 

The approach of deminimis quantities, 

excepted quantities, limited quantities 

and consumer commodities will all 

have the same provisions and 

requirements for international and 

national transportation in a system that 

will promote compliance, efficiency and 

consistent training and lower costs after 

implementation. 

6. Classification of Certain Division 1.4S 

Explosives 

In the August 24, 2010 NPRM, 

PHMSA stated it understood commenter 

concerns that prescribing additional 

tests usually results in increased 

research and development costs. 

PHMSA also acknowledged that it 

believed there was merit to additional 

prescribed tests when they result in a 

credible and measureable increase in 

safety. Consequently, in the NPRM we 

proposed to require the phased-in 

testing of all new and previously 

approved Division 1.4S explosives 

articles and substances, depending on 

the intended mode of transport. For 

newly produced explosive articles, a 

person who successfully performs the 

Type 6(d) test would not be required to 

also perform the Type 6(a) test. PHMSA 

believes such initiatives will greatly 

reduce research and development costs 

without compromising safety. 

In the NPRM, PHMSA proposed to 

adopt the requirement for the Type 6(d) 

test as prescribed in Section 16.7 of the 

fifth revised edition of the UN Manual 

of Tests and Criteria in the new 

§ 172.102(c)(1), special provision 347. 

For affected articles (or substances) 

intended for transportation by aircraft, 

the proposed compliance date of this 

new requirement was April 1, 2011. If 

a manufacturer or approval holder of 

affected articles that previously classed 

and approved an article as Division 1.4S 

chooses to continue offering such 

shipments by aircraft, we proposed the 

articles must be successfully tested 

under Test Series 6(d) and a new 

approval be obtained from PHMSA. 

Additionally, we proposed that a 

previously classed and approved 

Division 1.4S article that is not 

successfully tested under Test Series 

6(d) must be assigned to a compatibility 

group other than ‘‘S’’ (e.g., B, C, or D) 

prior to the April 1, 2011 compliance 

date if intended for transportation by 

aircraft on or after that date. PHMSA 

also proposed that the effective date of 

testing to maintain Division 1.4S 

classification or reassignment to a 

higher compatibility group other than 

‘‘S’’ be no later than January 1, 2014 for 

Division 1.4S articles approved prior to 

January 1, 2012 and are intended for 

domestic highway or rail transportation. 

For previously-approved affected 

articles transported by highway, rail and 

vessel, reassignment to a compatibility 

group other than ‘‘S’’ may be 

accomplished by using existing data 

and, when recommended by an 

authorized examination and testing 

agency, approved by PHMSA. For 

international highway, rail and vessel 

transportation, the effective date of Type 

6(d) testing requirements or 

reassignment for new and previously 

produced affected articles would be 

January 1, 2012 (i.e., the compliance 

date of a final rule under this docket, if 

adopted as proposed). 

A number of commenters (Baker, 

EBAD, ESD, IME, Infotrac, NNSA, OCS, 

SAAMI, and Titan) addressed our 

proposal to adopt the Type 6(d) test and 

associated requirements. Several 

commenters expressed support for 

comments submitted by IME and 

requested that PHMSA give 

consideration to their comments. Thus, 

our response to comments will 

primarily be structured based on the 

comments IME submitted. 

a. Compliance dates (i) Air transport. 

IME expressed concern that the 

proposed compliance date for Type 6(d) 

testing to determine Division 1.4S 

classification for materials to be 

transported by air precedes the 

compliance date for the rulemaking in 

general. IME stated: 

The ‘‘compliance date of a final rule under 

this docket’’ will be January 1, 2012. 

Simultaneously, however, the proposal 

establishes a compliance date for 

transportation by aircraft of April 1, 2011. 

Accordingly, the compliance date for an 

individual mode regulated under the rule 

would precede the compliance date for the 

rule itself, rendering the April 1, 2011 

compliance date both unreasonable and 

unenforceable. 

We disagree. As general policy, 

PHMSA implements a one-year 

transition period for international 

harmonization rulemakings. Thus, we 

typically publish a rulemaking under 

the HM–215 docket to be effective 

January 1 of a given year (to coincide 

with international effective dates) and 

require compliance one year later to 

afford stakeholders the opportunity to 

prepare for compliance. PHMSA is not 

bound to the one year transition period 

and has discretion to institute an earlier 

compliance date when circumstances 

warrant. The implementation of this 

requirement was viewed to be 

significant by the ICAO Dangerous 

Goods Panel and an emergency 

addendum was requested from the Air 

Navigation Commission. Preventing the 

transportation of an explosive article 

with the ability to exit its packaging that 

could result in collateral damage on a 

passenger aircraft was determined to be 

an immediate safety concern and was 

implemented on very short notice for 

international air transportation. 

Therefore, because of concern for the 

safety in transport of these articles by air 

and to affect a transition for 

international air transport with minimal 

disharmony in compliance dates (the 

Type 6(d) test is required under ICAO 

Technical Instructions as of January 1, 

2011), we proposed to implement the 

April 1, 2011, compliance date for Type 

6(d) testing for transport by aircraft. 

IME also expressed concern that the 

proposed compliance date of April 1, 

2011 for air transport is unattainable. 

IME stated further: 

[T]hat PHMSA’s internal policy establishes 

a 120-day review period for processing 

approvals * * *. [W]e have determined that 

in order to meet the April 1, 2011 compliance 

deadline for air transportation, approval 

applicants planning to continue shipping by 

air would have to ensure that all required 

testing is completed and the results 

submitted to PHMSA by December 2, 2010. 

The required testing must be performed or 

witnessed by ‘‘an authorized examination and 

testing agency approved by PHMSA.’’ On 

average, the lead time required to schedule 

testing with a PHMSA-approved laboratory is 

six weeks. An additional two weeks would 

then be required for testing the laboratory to 

perform the required tests and generate a 

report * * *. Accordingly, applicants 

intending to meet the April 1, 2011 deadline 

would have [had to] finalize arrangements 

with the testing laboratories by October 4, 

2010—twenty-one days prior to the close of 

the public comment period * * *. Given the 

impossibility of timely compliance, the 

proposed April 1, 2011 date will function not 

as a compliance deadline, but as an 

automatic prohibition on [of] air transport of 

the affected 1.4S articles. 

PHMSA acknowledges the strict 

compliance timeline proposed for the 

air transport of affected articles and 

substances. We note, however, that the 

PHMSA imposed 120-day period for 


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processing of approvals is not a 

minimum time period but general 

guidance for estimating the time period 

to review and process an approval 

application dependent on multiple 

factors such as the complexity of an 

application or errors in its submittal. 

The approval process may take less than 

120 days and routinely does. 

Additionally, PHMSA’s Approvals and 

Permits Division recently streamlined 

the explosive approval process to 

accommodate an influx of approval 

requests based on adoption of Type 6(d) 

test prescribed in this rulemaking. 

Finally, shippers are not constrained to 

the use of domestic laboratories 

approved by PHMSA but may utilize the 

resources of laboratories under the 

umbrella of other competent authorities 

(e.g., Transport Canada). However, given 

the strict timeline proposed in the 

August 2010 NPRM, the significant 

number of approval applications we 

expect to receive, and the potential for 

delays at authorized testing laboratories 

attempting to accommodate the volume 

of testing or reclassification requests, we 

are extending the compliance date for 

air transport to July 1, 2011. 

(ii) Vessel transport. IME noted our 

failure to indicate a compliance date for 

domestic vessel transportation. We 

agree. Our intent was to implement a 

compliance date that coincides with the 

effective date of the IMDG Code 

requirement for the Type 6(d) test 

(January 1, 2012). Therefore in this final 

rule, we will require the Type 6(d) test 

for Division 1.4S classification 

beginning January 1, 2012 for both 

domestic and international vessel 

transportation. 

(iii) Modal variability. IME expressed 

concern that the varying compliance 

dates for air transport (proposed April 1, 

2011), international highway, rail, and 

vessel (domestic and international) 

(proposed January 1, 2012), and 

domestic highway and rail (proposed 

January 1, 2014) will result in confusion 

and unintentional noncompliance with 

specific regard to downstream 

customers. IME reasoned: 

The customer has no way of knowing that 

the manufacturer ships only domestically [by 

highway] and has not, therefore, reclassified 

the product to meet the earlier compliance 

date for international transport. This leads to 

unintentional noncompliance by the 

downstream customer * * *. We recommend 

that PHMSA promulgate a single compliance 

date for all modes and for domestic and 

international transportation. 

We disagree. Unawareness of a 

requirement cannot be used as a defense 

for non-compliance. Downstream 

customers or shippers may utilize a 

number of resources to determine 

whether an explosive article or 

substance subject to the Type 6(d) test 

has been successfully tested. For 

example, they can obtain a copy of the 

approval issued by PHMSA. 

Additionally, it is the shipper’s 

responsibility to properly class and 

describe a material (see § 173.22) and to 

be trained on any applicable 

requirements (see § 172.704) of the 

HMR. That said, the Approvals and 

Permits Division will issue guidance to 

all current approval holders for affected 

Division 1.4S articles and materials to 

provide detailed instruction on the new 

requirement for Type 6(d) testing. This 

will include issuing new or amended 

approvals indicating whether a Type 

6(d) test has been successfully 

conducted which can then be used by 

downstream customers and shippers to 

aid in transport decision-making. 

b. Testing requirements. (i) Selftesting. In response to the ANPRM, IME 

recommended allowing self-testing and 

video documentation for articles 

previously approved as Division 1.4S. 

IME continued to assert that testing 

requirements for previously approved 

articles not be overly broad and 

questioned why this recommendation 

was not addressed even though PHMSA 

specifically acknowledged IME’s 

comments in the NPRM. IME reiterated: 

Providing manufacturers with the option to 

self-test is an effective means of ensuring 

reasonable application of the new test. 

Additionally, allowing self-testing of already 

approved explosives articles will assist 

industry in minimizing the financial impact 

of implementation of a new test on already 

approved, safely transported, explosives. 

We disagree. PHMSA believes a 

uniform process for testing using the 

Type 6(d) test to determine Division 

1.4S classification is the best approach 

and we do not believe incorporating 

variability into the process by allowing 

self-testing and video-documentation for 

already approved articles complements 

this approach. PHMSA understands the 

need to facilitate any possible cost 

reduction regarding the application of 

this new testing requirement. We also 

maintain, however, that in the interest 

of uniform safety standards under the 

HMR, requiring that testing be observed 

or conducted by a PHMSA-approved 

laboratory is the best approach. This 

approach will not be codified in the 

HMR but rather will be incorporated 

into the explosives approval process as 

specified in § 173.56 of the HMR. 

(ii) Clarification of NPRM preamble. 

Certain phrases and terms were used in 

the August 2010, NPRM which have 

caused confusion. We would like to 

clarify. Regarding the phrase 

‘‘incremental testing,’’ use of the phrase 

refers to the staggered compliance dates 

depending on the mode of transport or 

domestic/international transport and 

does not indicate differences in 

reclassification testing. We are removing 

any reference to this phrase in the 

preamble to this final rule to avoid 

further confusion. Regarding the term 

‘‘design,’’ as in ‘‘previously approved 

designs,’’ the term was meant to signify 

individual explosives articles or 

substances. We are also deleting any use 

of this term in the preamble to this final 

rule to avoid any ambiguity in the use 

of the term. 

(iii) Modal difference. In response to 

our proposed implementation of the 

new testing requirement for Division 

1.4S classification, IME objected to any 

varying testing criteria tied to the 

intended mode of transport, stating: 

Such action is not consistent with the UN 

classification system; additionally, an 

explosive’s reaction to stimuli is not affected 

by the mode of transport. PHMSA offers no 

rationale for excluding the use of existing test 

data for the reclassification of articles 

intended for air transport, and the distinction 

would inevitably result in confusion and 

unintended noncompliance in the regulated 

community. 

We agree that there should be uniform 

testing criteria across all modes. We 

apologize for the lack of clarity in 

implementation of this new testing 

requirement and will clarify further in 

the following section (c) discussion of 

our implementation of the Type 6(d) 

test. 

(iv) Laboratory recommendation. For 

previously approved articles, we 

proposed to allow reassignment to a 

compatibility group other than ‘‘S’’ using 

existing data and when recommended 

by a PHMSA-approved laboratory. IME 

did not support the proposal to require 

a recommendation from a PHMSAapproved laboratory where a previously 

approved article is being reassigned. 

IME argued: 

Inability to successfully pass the new Type 

6(d) test does not invalidate the original 

laboratory tests and recommendation[s] that 

were previously sufficient to attain 1.4S 

classification. Accordingly, there is no 

rational basis for requiring a laboratory 

recommendation to support a downgrade in 

classification. A laboratory recommendation 

should only be required where the original 

classification is not supported by laboratory 

testing and a corresponding recommendation 

* * * [W]e are also concerned that if the 

proposal is promulgated as drafted, some 

testing laboratories may be reticent to issue 

the required recommendation solely on the 

basis of existing test data, and may require 

new testing. 

We appreciate the concerns presented 

by IME. Again, we apologize for any 

lack of clarity in implementing this new 


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provision. As indicated previously, our 

Approvals and Permits Division will be 

issuing guidance and instruction on 

testing or reclassification of previously 

approved Division 1.4S articles or 

substances. As part of that instruction 

and in order to alleviate any potential 

problems from laboratories being 

reticent to provide a recommendation 

based on existing data, the Approvals 

and Permits Division will be providing 

guidelines to laboratories for which 

types or batches of already approved 

articles and substances should be 

reclassed into which type of 

downgraded compatibility group. 

c. Implementation of the Type 6(d) 

test in the explosives approval process. 

As IME accurately summarized in its 

comments, there are three categories of 

explosive articles or substances affected 

by the test requirement: (1) Previously 

approved Division 1.4S articles that will 

pass the Type 6(d) test; (2) previously 

approved Division 1.4S articles that will 

not pass the Type 6(d) test and therefore 

need to be reassigned to a more 

conservative compatibility group other 

than ‘‘S’’; and (3) new explosive articles 

for which Division 1.4S classification 

must be determined through successful 

Type 6(d) testing. All explosive articles 

affected by the Type 6(d) test 

requirement fit into these three 

categories regardless of the mode of 

transport. The compliance date for 

affected articles is dependent upon the 

intended mode of transport and whether 

they are to be transported domestically 

or internationally. Beginning January 1, 

2012, any new explosive articles must 

be successfully subjected to the Type 

6(d) test to determine whether Division 

1.4S classification is appropriate. 

However, for a new explosive material 

intended for transport by aircraft, the 

compliance date for successful Type 

6(d) testing is no later than July 1, 2011. 

For existing approved Division 1.4S 

articles intended for transport by air, 

successful Type 6(d) testing is also 

required no later than July 1, 2011; 

otherwise, the articles must be 

reassigned to another compatibility 

group and a new approval issued by 

PHMSA prior to being offered for 

transportation or transported by aircraft. 

Beginning January 1, 2012, existing 

approved Division 1.4S articles 

intended for international transport by 

highway, rail, or vessel and for domestic 

transport by vessel, successful Type 6(d) 

testing is required; otherwise, the 

articles must be reassigned to another 

compatibility group and a new approval 

issued by PHMSA prior to being offered 

for transportation. Finally, for existing 

approved Division 1.4S articles 

intended for domestic transportation by 

highway or rail, successful testing or 

compatibility group reassignment is 

required beginning January 1, 2014. 

We realize the intended mode of 

transport may change as markets change 

and evolve but staggered compliance 

dates we believe are necessary in order 

to provide sufficient time to 

manufacturers, shippers, PHMSAapproved laboratories, and our 

Approvals and Permits Division to 

accommodate the number of approved 

Division 1.4S articles that will need 

testing or reclassification as well as 

attempting to allay some of the costs to 

manufacturers who only transport by 

domestic highway or rail. 

d. Federal considerations. Two 

commenters (ESB, NNSA) within the 

Department of Defense and Department 

of Energy, respectively, objected to the 

Type 6(d) test requirement for 

previously approved Division 1.4S 

explosive material based on cost and 

logistical concerns. NNSA noted: 

[M]ore significant than the added costs, are 

the limited testing assets available necessary 

to complete testing by the prescribed 

deadline in the NPRM. [We do not] recognize 

the need to conduct UN Test Series 6(d) 

testing on all future permanent hazard 

classification requests as specified in the 

NPRM. 

ESB added: 

[We object to] with applying the test Type 

6(d) for articles previously classified. DOD 

has been assigning classifications using a 

methodology that includes assessing 

projections, fireballs, and jets of flame from 

unconfined initiation testing. DOD would 

consider this methodology as equivalent 

testing and criteria for the assignments of the 

eight Divisions 1.4 explosive [a]rticles. The 

DOD [has] not noted any transportation 

issues with the 378 articles assigned these 

UN numbers * * * Conducting test Type 

6(d) for the 378 articles would take a 

considerable amount of time without any 

credible or measurable increase in safety 

* * * Reclassifying * * * by reassigning 

CGs other than S is also not a viable option 

due to the complexity of DOD logistics. 

Consolidating, and remarking each shipping 

container located at strategic positions 

around the world for [defense purposes] 

would be costly, time consuming and 

potentially have little safety improvements. 

ESB recommended adding a 

grandfathered exception or issuing a 

special permit for previously approved 

DOD Division 1.4S material. We 

acknowledge concerns by Federal 

agencies regarding costs and time 

constraints in the interest of national 

security. We are currently working 

directly with potentially affected 

government stakeholders to remedy 

concerns regarding implementation of 

the new requirement for the Type 6(d) 

test on such entities. 

7. Classification of Sour Crude Oil 

PHMSA agreed with comments 

submitted in response to the October 

2009 ANPRM that a new proper 

shipping name is not necessary and that 

there are more appropriate ways to 

communicate the potential inhalation 

hazard risk to transport workers. 

Therefore, in the August 2010 NPRM, 

PHMSA proposed to adopt the new 

proper shipping name found in the UN 

Model Regulations—‘‘Petroleum sour 

crude oil, flammable, toxic’’—with the 

letter ‘‘I’’ in Column (1) of the HMT 

indicating that this description is 

appropriate for use during international 

transportation. However, PHMSA did 

not propose to require use of the new 

proper shipping name for domestic 

transportation. PHMSA did propose that 

a new marking be applied to bulk 

packagings containing sour crude oil to 

communicate the potential inhalation 

risk in transportation. 

Three commenters (API, ATA, DGAC) 

opposed our proposed requirements as 

ill-conceived and impractical and had 

concerns with the new marking. They 

believe the new marking is not 

necessary based on industry best 

practices already in place. One 

commenter (AAR) sought clarification of 

rail carrier requirements in relation to 

the proposed marking requirement. 

Although the commenters opposed our 

proposed requirements, they strongly 

support hazard communication 

processes and procedures to protect 

employees, the public and the 

environment from any unreasonable risk 

of danger from hydrogen sulfide gas. 

API noted: 

Cargo specific testing of individual 

packages upon loading, followed by the 

required identification, classification, 

packaging selection, marks, labels, placards, 

and documentation process is impractical. 

The physical and chemical criteria of the DG/ 

HazMat define the basic shipping 

information * * * The preparation of 

shipping information and selection of 

packagings is typically done well in advance 

of loading on the basis of known, reliably 

measured, physical and chemical criteria of 

the materials being transported. When a wide 

range of the test results is possible, the DG/ 

HazMat classifiers generally utilize the most 

conservative data to develop the basic 

shipping information * * * It is impossible 

to predict the concentration of H2S in the 

head space vapors evolving from liquid 

petroleum crude oils. There is not [a] 

standardized test, statistical correlation, or 

known methodology to do this * * * 

Without a reliable, proven methodology, any 

attempt to develop a classification process 

regarding potential, future H2S vapor space 

concentrations is unrealistic * * * API could 


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support the use of a differentiated graphic, 

unique in communicating the potential H2S 

vapor [but any] such mark should be 

considered voluntary and not mandated 

* * *. Companies should be allowed the 

flexibility in choosing an option that works 

best for their operations. 

DGAC added: 

[W]e are concerned that providing a 

warning for select crude oils may result in 

decreased vigilance when other substances 

also posing a potential hydrogen sulfide risk 

are handled * * *. If * * * PHMSA 

maintains that a mark is still necessary, we 

recommend that the applicability of any 

marking be limited to cargo tank truck 

operations * * * PHMSA should allow the 

warning to appear in the vicinity of the 

loading/unloading operation or on the 

vehicle at the loading location. This would 

avoid the need to add and remove the mark 

from the cargo tank truck * * * We consider 

the proposed GHS poison mark to be 

inappropriate * * * Applying the PHMSA 

proposed mark on crude oil tanks that do not 

meet the inhalation toxicity criteria results in 

a hazard communication conflict which 

should and can be avoided * * *. Should 

PHMSA maintain a warning is needed, we 

recommend a warning sign in English that 

conveys the message that there is a potential 

hydrogen sulfide hazard. An example could 

be * * * ‘‘Danger, Possible Hydrogen Sulfide 

Inhalation Hazard,’’ * * * [to be possibly] 

supplemented by pictograms. 

ATA expressed concerns that: 

Not every load of sour crude will form 

hydrogen sulfide during transportation, 

which will require carriers to repeatedly affix 

and remove markings * * * If carriers are 

required to repeatedly alter marking 

requirements, issues of employee safety from 

climbing on top of tank trucks as well as 

economic issues * * * must be better 

understood. [We] recommend that the 

warning be located at the loading or 

unloading facility rather than on the tank 

truck or other bulk container. 

We agree in part with the comments. 

We continue to maintain that there is a 

safety risk to hazmat employees that 

may become exposed to hydrogen 

sulfide vapor in proximity to openings 

on packagings during a loading or 

unloading operation due to elevated 

concentrations of hydrogen sulfide 

vapors. We do not believe this risk is 

limited to cargo tank motor vehicles. It 

may be that the primary mode of 

transportation for petroleum crude oil is 

by cargo tank motor vehicle, but we also 

continue to maintain that any proposed 

requirement should apply to all bulk 

packagings as we believe this risk may 

be present in any packaging with a bulk 

quantity of petroleum crude oil. 

PHMSA agrees with commenters who 

have stated that a hazard warning 

statement specific to hydrogen sulfide 

gas on bulk packagings would provide 

for appropriate communication of the 

risk of potential exposure to such gas. 

PHMSA notes that such a marking is 

both specific to the gas and aligns with 

corresponding warnings currently 

employed in practice on the shipping 

documentation. Therefore, in this final 

rule, PHMSA is amending the marking 

requirement originally proposed to 

provide more flexibility to shippers and 

carriers by allowing a text warning such 

as ‘‘Danger, Possible Hydrogen Sulfide 

Inhalation Hazard’’ on bulk packagings 

containing sour crude to communicate 

the potential inhalation risk in 

transportation. See Section 172.327 for 

a discussion of the new marking 

requirements. 

8. IBC Rebottling 

In the NPRM, PHMSA proposed to 

adopt the revised definition of ‘‘repair’’ 

for composite IBCs consistent with 

international standards. To specifically 

address commenters’ concerns, PHMSA 

noted that any proposed compliance 

date would be no earlier than January 1, 

2012, thus providing ample time to 

comply with the new IBC requirement. 

We did not receive any additional 

comments in response to the NPRM. 

Therefore, in this final rule we are 

adopting the revised definition of 

‘‘repair’’ of an IBC as proposed. See 

Section 180.350 for a discussion of the 

revised requirement. 

9. Metal Hydride Storage Systems in 

Conveyances 

In the August 2010 NPRM, PHMSA 

proposed to adopt the standards for the 

construction, qualification, marking and 

requalification of hydrogen in metal 

hydride storage systems adopted in the 

UN Model Regulations. We did not 

receive any additional comments in 

response to the NPRM. Therefore, in 

this final rule we are adopting the 

requirements as proposed. See Section 

173.311 for a discussion of requirements 

for hydrogen in a metal hydride storage 

system. 

10. In Vitro Testing for Corrosivity 

Based on the overwhelming support 

for adoption into the HMR, in the NPRM 

PHMSA proposed to adopt and 

authorize the use of the OECD in vitro 

methods. We received over 2,200 

comments additional to that received 

from PETA, in response to the NPRM 

supporting the adoption of in vitro 

testing methods to determine corrosivity 

and urging PHMSA to stop the 

requirement for use of methods based 

on live animal testing. Therefore, in this 

final rule we are adopting the OECD in 

vitro testing methods as proposed. See 

Section 173.137 for further discussion of 

such methods. 

B. Harmonization Amendments Not 

Considered for Adoption in This Final 

Rule 

This final rule makes changes to the 

HMR based on amendments made in the 

UN Model Regulations (sixteenth 

revised edition), IMDG Code 

(Amendment 35–10) and the ICAO 

Technical Instructions (2011–2012), 

which becomes effective January 1, 2011 

(the IMDG Code is effective January 1, 

2012). We are not, however, adopting all 

the amendments made to the various 

international standards into the HMR. In 

many cases, we have not adopted 

amendments to the international 

recommendations and regulations 

because the framework or structure of 

the HMR makes adoption unnecessary. 

In other cases, we have handled, or will 

be handling, the amendments in 

separate rulemaking proceedings. 

One of the goals of this rulemaking is 

to continue to maintain consistency 

between the HMR and the international 

requirements. We are not striving to 

make the HMR identical to the 

international regulations, but rather to 

remove or avoid potential barriers to 

international transportation. 

Below is a listing of those significant 

amendments to the international 

regulations that we are not adopting in 

this final rule, with a brief explanation 

of why the amendment was not 

included: 

1. Requirements for Radioactive 

Materials 

In the NPRM, we did not propose to 

adopt provisions pertaining to the 

transportation of Class 7 (radioactive) 

materials into the HMR. Amendments to 

requirements pertaining to the 

transportation of Class 7 (radioactive) 

materials are based on changes 

contained in the International Atomic 

Energy Agency (IAEA) publication, 

‘‘IAEA Safety Standards: Regulations for 

the Safe Transport of Radioactive 

Materials.’’ Due to their complexity, 

these changes are being addressed in a 

separate rulemaking. 

2. Requirements for Lithium Batteries 

PHMSA published an NPRM under 

Docket HM–224F (75 FR 1302, January 

11, 2010) that proposed to adopt 

provisions to ensure all lithium batteries 

are packaged properly to reduce the 

possibility of damage to lithium 

batteries that could lead to a 

catastrophic incident, and to minimize 

the consequences of an incident should 

one occur. In addition, PHMSA 

proposed to require lithium battery 

shipments to be accompanied by hazard 

communication that ensures appropriate 


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and careful handling by air carrier 

personnel, including the flight crew, 

and informs both transport workers and 

emergency response personnel of 

actions to be taken in an emergency. 

The NPRM, which PHMSA developed 

in close coordination with our 

colleagues in the Federal Aviation 

Administration, is the latest in a series 

of actions PHMSA has taken to address 

the very serious risks posed by lithium 

batteries in transportation. The NPRM 

included proposed revisions to the HMR 

that were based on lithium battery 

provisions in the sixteenth revised 

edition of the UN Model Regulations. 

Therefore, except for wheelchairs 

powered by lithium ion batteries, we are 

not adopting new provisions pertaining 

to the transportation of lithium cells and 

batteries in this rulemaking. The docket 

for the lithium battery rulemaking can 

be found elsewhere at http:// 

www.regulations.gov under PHMSA– 

2009–0095. 

We note that a number of commenters 

objected to our inclusion of limitations 

on the stowage of lithium batteries in 

§ 175.75 of the HMR and strongly urged 

that the limitations be removed from 

this rulemaking and addressed in a 

separate lithium battery rulemaking 

such as HM–224F. We agree. All 

reference to lithium batteries in our 

revisions to § 175.75 are removed from 

this rulemaking. 

3. Requirements for Air Packaging 

We are not adopting provisions 

pertaining to certain packagings offered 

for transportation by aircraft under this 

rulemaking. PHMSA is considering 

certain amendments to the HMR related 

to requirements for the packaging of 

hazardous materials intended for 

transportation by aircraft under a 

separate docket (HM–231A). These 

would include amendments based on 

the reformatted packing instructions in 

the 2011–2012 ICAO Technical 

Instructions. PHMSA published an 

ANPRM (73 FR 38361, July 7, 2008) and 

an NPRM (75 FR 27273, May 14, 2010) 

related to combination packaging 

standards offered in air transportation. 

See http://www.regulations.gov under 

PHMSA–2007–29364 for more 

information. 

IV. Section-by-Section Review 

Following is a section-by-section 

review of the amendments in this final 

rule: 

Part 171 

Section 171.7 

The ‘‘National Technology Transfer 

and Advancement Act of 1996’’ directs 

agencies to use voluntary consensus 

standards. According to the Office of 

Management and Budget (OMB) 

Circular A–119, ‘‘Federal Participation 

in the Development and Use of 

Voluntary Consensus Standards and in 

Conformity Assessment Activities,’’ 

government agencies must use 

voluntary consensus standards 

wherever practical in the development 

of regulations. Agency adoption of 

industry standards promotes 

productivity and efficiency in 

government and industry, expands 

opportunities for international trade, 

conserves resources, improves health 

and safety, and protects the 

environment. 

To these ends, PHMSA actively 

participates in the development and 

updating of consensus standards 

through representation on more than 20 

consensus standard bodies. PHMSA 

regularly reviews updated consensus 

standards and considers their merit for 

inclusion in the HMR. 

Section 171.7 lists all materials 

incorporated by reference (IBR 

materials) into the HMR. For this 

rulemaking, we evaluated updated 

international consensus standards and 

regulations pertaining to proper 

shipping names, hazard classes, packing 

groups, special provisions, packaging 

authorizations, air transport quantity 

limitations, and vessel stowage 

requirements and determined that the 

revised standards provide an enhanced 

level of safety without imposing 

significant compliance burdens. These 

materials have a well-established and 

documented safety history. Their 

adoption maintains the high safety 

standard currently achieved under the 

HMR. 

Some commenters (IATA, PRBA, Saft) 

indicated concern that the fifth revised 

edition of the UN Recommendations on 

the Transportation of Dangerous Goods, 

Manual of Tests and Criteria (UN 

Manual) was not included among the 

IBR materials to be updated and suggest 

that PHMSA include the document. 

We agree. PHMSA proposed to 

incorporate by reference the fifth 

revised edition of the UN Manual under 

docket HM–224F published January 11, 

2010 (75 FR 1302) because the revised 

version of the manual contained 

updated tests for lithium cells and 

batteries. However, that rulemaking will 

have an effective date later than this 

final rule. This rule contains provisions 

regarding new test requirements for 

other materials (e.g., explosives) that are 

found in the updated edition of the UN 

Manual making it necessary for us to 

incorporate by reference the fifth 

edition. Therefore, we are including the 

updated fifth revised edition of the UN 

Manual and updating the IBR materials 

referenced in the HMR by adding and 

revising material under the following 

organizations: 

• The American Society for Testing 

and Materials (ASTM) 

Æ ASTM D56–05, Standard Test 

Method for Flash Point by Tag Closed 

Tester (Referenced in 

§ 173.120(c)(1)(i)(A); Added to § 171.7). 

Æ ASTM D86–07a, Standard Test 

Method for Distillation of Petroleum 

Products at Atmospheric Pressure 

(Referenced in § 173.121; Added to 

§ 171.7). 

Æ ASTM D93–08, Standard Test 

Methods for Flash Point by PenskyMartens Closed Cup Tester (Referenced 

in § 173.120(c)(1)(ii)(A); Added to 

§ 171.7). 

Æ ASTM D1078–05, Standard Test 

Method for Distillation Range of Volatile 

Organic Liquids (Referenced in 

§ 173.121; Added to § 171.7). 

Æ ASTM D3278–96(2004)e1, Standard 

Test Methods for Flash Point of Liquids 

by Small Scale Closed-Cup Apparatus 

(Referenced in §§ 173.120(c)(1)(i)(B) and 

173.120(c)(1)(ii)(B); Added to § 171.7). 

Æ ASTM D3828–07a, Standard Test 

Methods for Flash Point by Small Scale 

Closed cup Tester (Referenced in 

§ 173.120(c)(1)(i)(C); Added to § 171.7). 

• The International Civil Aviation 

Organization (ICAO) Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (ICAO 

Technical Instructions), 2009–2010 

Edition is revised to incorporate 2011– 

2012 Edition. 

• The International Convention for 

the Safety of Life at Sea, 1974, as 

amended (SOLAS) Amendments 2002, 

Chapter II–2/Regulation 19, 

Consolidated Edition 2004 is revised to 

incorporate the 2009 Edition. 

• The International Maritime 

Organization (IMO) International 

Maritime Dangerous Goods Code, 2008 

Edition, Incorporating Amendment 34– 

08, English Edition, Volumes 1 and 2 is 

revised to incorporate Amendment 35– 

10. 

• The International Organization for 

Standardization (ISO) 

Æ ISO 1516:2002(E), Determination of 

flash/no flash—Closed cup equilibrium 

method (Referenced in § 173.120; 

Added to § 171.7). 

Æ ISO 1523:2002(E), Determination of 

flash point—Closed cup equilibrium 

method (Referenced in § 173.120; 

Added to § 171.7). 

Æ ISO 2592:1973(E), Petroleum 

products—Determination of flash and 

fire points—Cleveland open cup method 

(Revised to incorporate the 2000 

Edition). 


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Æ ISO 2719:2002(E), Determination of 

flash point—Pensky-Martens closed cup 

method (Referenced in § 173.120; 

Added to § 171.7). 

Æ ISO 3405:2000(E), Petroleum 

products—Determination of distillation 

characteristics at atmospheric pressure 

(Referenced in § 173.121; Added to 

§ 171.7). 

Æ ISO 3679:2004(E), Determination of 

flash point—Rapid equilibrium closed 

cup method (Referenced in § 173.120; 

Added to § 171.7). 

Æ ISO 3680:2004(E), Determination of 

flash/no flash—Rapid equilibrium 

closed cup method (Referenced in 

§ 173.120; Added to § 171.7). 

Æ ISO 3924:1999(E), Petroleum 

products—Determination of boiling 

range distribution—Gas chromatography 

method (Referenced in § 173.121; 

Added to § 171.7). 

Æ ISO 4626:1980(E), Volatile organic 

liquids—Determination of boiling range 

of organic solvents used as raw 

materials (Referenced in § 173.121; 

Added to § 171.7). 

Æ ISO 4706:2008(E), Gas cylinders— 

Refillable welded steel cylinders—Test 

pressure 60 bar and below (Referenced 

in § 178.71; Added to § 171.7). 

Æ ISO 10297:1999, Gas cylinders— 

Refillable gas cylinder valves— 

Specification and type testing, First 

edition, May 1999, (E) (Revised to 

incorporate 2006 Edition). 

Æ ISO 10461:2005, Gas cylinders— 

Seamless aluminum-alloy gas cylinders, 

Periodic inspection and testing, Second 

edition, February 2005, (E) (Revised to 

incorporate Amendment 1 (2006)). 

Æ ISO 10692–2:2001(E), Gas 

cylinders—Gas cylinder valve 

connections for use in the microelectronics industry—Part 2: 

Specification and type testing for valve 

to cylinder connections (Referenced in 

§ 173.40; Added to § 171.7). 

Æ ISO 13736:2008(E), Determination 

of flash point—Abel closed-cup method 

(Referenced in § 173.120; Added to 

§ 171.7). 

Æ ISO 16111:2008(E), Transportable 

gas storage devices—Hydrogen absorbed 

in reversible metal hydride (Referenced 

in §§ 173.311 and 178.71; Added to 

§ 171.7). 

Æ ISO 18172–1:2007(E), Gas 

cylinders—Refillable welded stainless 

steel cylinders—Part 1: Test pressure 6 

MPa and below (Referenced in § 178.71; 

Added to § 171.7). 

Æ ISO 20703:2006(E), Gas cylinders— 

Refillable welded aluminum-alloy 

cylinders—Design, construction and 

testing (Referenced in § 178.71; Added 

to § 171.7). 

• Organization for Economic 

Cooperation and Development (OECD) 

Æ Guidelines for the Testing of 

Chemicals, Test Guideline 404, Acute 

Dermal Irritation/Corrosion (1992) 

(Revised to incorporate 2002 edition). 

Æ Guidelines for the Testing of 

Chemicals, Test Guideline 430, In Vitro 

Skin Corrosion: Transcutaneous 

Electrical Resistance Test (TER) (2004) 

(Referenced in § 173.137; Added to 

§ 171.7). 

Æ Guidelines for the Testing of 

Chemicals, Test Guideline 431, In Vitro 

Skin Corrosion: Human Skin Model Test 

(2004) (Referenced in § 173.137; Added 

to § 171.7). 

Æ Guidelines for the Testing of 

Chemicals, Test Guideline 435, In Vitro 

Membrane Barrier Test Method for Skin 

Corrosion (2006) (Referenced in 

§ 173.137; Added to § 171.7). 

• Transport Canada, Transportation 

of Dangerous Goods Regulations, 

including Clear Language Amendments 

1 through 5 (Revised to add SOR/2008– 

34 (Amendment 6; February 7, 2008) in 

its entirety and SOR/2007–179 

(Amendment 7; July 31, 2007)). 

• The United Nations 

Recommendations on the Transport of 

Dangerous Goods, Model Regulations, 

fifteenth revised edition (2007), 

Volumes I and II (Revised to incorporate 

the sixteenth revised edition). 

• The United Nations 

Recommendations on the Transport of 

Dangerous Goods, Manual of Tests and 

Criteria, fourth revised edition, (2003), 

and Addendum 2 (2004). (Revised to 

incorporate the fifth revised edition). 

Section 171.8 

This section defines terms generally 

used throughout the HMR that have 

broad or multi-modal applicability. We 

received no comments regarding our 

proposed adoption of new definitions. 

Therefore, in this final rule PHMSA is 

adding the following defined terms 

based on their adoption in the UN 

Model Regulations: 

Metal hydride storage system. This 

term means a single complete hydrogen 

storage system that includes a 

receptacle, metal hydride, pressure 

relief device, shut-off valve, service 

equipment and internal components 

used for the transportation of hydrogen 

only. 

Open cryogenic receptacle. This term 

means a transportable thermally 

insulated receptacle for refrigerated 

liquefied gases maintained at 

atmospheric pressure by continuous 

venting of the refrigerated gas. 

Additionally, we proposed to revise 

the definition of Oxidizing gas to 

specify that an oxidizing gas is a pure 

gas or gas mixture with an oxidizing 

power greater than 23.5% as determined 

by a method specified in ISO 

10156:1996 or 10156–2:2005. See also 

Sections 172.101 and 173.115, for 

discussion of changes to the 

‘‘Compressed gas, n.o.s., UN1956.’’ HMT 

entry and definition, respectively. We 

received no comments on the revised 

definition. Therefore, in this final rule 

we are adopting the revision as 

proposed. 

Section 171.23 

Section 171.23 prescribes the 

conditional requirements for specific 

materials and packages transported 

under the various international 

standards as permitted by the HMR. In 

this final rule we are removing the 

§ 171.23(b)(9) requirement that 

stipulates Division 6.1 poisonous 

materials transported as limited 

quantities are not excepted from 

labeling. This change aligns the labeling 

requirements in the HMR for limited 

quantities with the international 

standards without compromising safety. 

Section 171.25 

Section 171.25 prescribes the 

additional requirements for specific 

materials and packages transported 

under the IMDG Code as permitted by 

the HMR. In this final rule, we are 

deleting paragraphs (c)(5) and (d)(3). 

Paragraphs (c)(5) and (d)(3) required 

portable tanks, cargo tanks, and tank 

cars containing cryogenic liquids 

transported by vessel to be stowed on 

deck regardless of the stowage 

requirements authorized under the 

IMDG Code. The IMDG Code now 

requires this same stowage for certain 

packagings containing cryogenic 

materials aboard a vessel, thus, 

paragraphs (c)(5) and (d)(3) are no 

longer necessary. 

Effective January 1, 1997, vehicles 

and mechanical equipment containing 

internal combustion engines were no 

longer subject to the IMDG Code as 

conditionally designated under 

Amendment 28–96. Effective January 1, 

2012, such articles will once again be 

subject to the IMDG Code under 

Amendment 35–10. Because the new 

requirements in the IMDG Code are 

more stringent than requirements for 

similar material in the HMR, PHMSA is 

amending § 171.25 by revising 

paragraph (b)(1) and adding a new 

paragraph (b)(4) permitting use of the 

IMDG Code or the HMR to prepare and 

stow vehicles and mechanical 

equipment containing internal 

combustion engines when offered for 

transport by vessel. 


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Part 172 

Section 172.101 

Introductory text to the § 172.101 

HMT contains explanatory text for each 

of the columns that comprise the HMT. 

Currently, § 172.101(c)(10) provides 

specific requirements regarding the 

selection of an appropriate proper 

shipping name for mixtures and 

solutions containing more than one 

hazardous material of the same hazard 

class. In many cases, such mixtures and 

solutions are best described by a generic 

or ‘‘not otherwise specified’’ entry (i.e., 

an ‘‘n.o.s.’’ entry). For example, a 

solution containing two or more 

flammable liquid constituents may best 

be described under the entry 

‘‘Flammable liquids, n.o.s., UN1993.’’ 

However, in some cases where two or 

more hazardous materials are present, a 

single hazardous material may 

predominate where the other hazardous 

materials may be present in only trace 

amounts. In such cases, a description 

applicable to the predominant material 

may be more appropriate. A recent 

incident underscores the importance of 

using the most specific and appropriate 

shipping description. In that incident, 

an aluminum cylinder containing 99.9% 

pure ethyl chloride ruptured in storage 

incidental to transport. It was 

determined that the root cause was a 

reaction between the cylinder’s contents 

and the aluminum. The relevant 

construction standard for the cylinder 

indicated that ethyl chloride was 

reactive with aluminum and that 

aluminum was not recommended for 

the transport of ethyl chloride. 

However, the shipper selected a generic 

compressed gas shipping description 

rather than the ethyl chloride name due 

to the presence of trace amounts of other 

hazardous materials. While we note that 

the general requirements for packagings 

still broadly address the responsibility 

of the shipper in selecting a packaging 

that is compatible with its lading, and 

that these requirements were also 

applicable and apparently overlooked, 

the incident nonetheless highlights the 

benefit of using a more specific 

description, where appropriate, to help 

ensure that the most appropriate 

transport provisions are followed. 

To address this issue, the UN Model 

Regulations were amended to require, 

except as otherwise specified, that a 

mixture or solution of a single 

predominant hazardous material 

containing only traces of one or more 

additional hazardous materials listed by 

name in the HMT or additional nonhazardous constituents be assigned the 

UN number and proper shipping name 

of the predominant material 

contributing to the overall hazard 

classification of the mixture or solution. 

Adopting a similar provision in the 

HMR will enhance a shipper’s ability to 

select the most appropriate shipping 

description. In the NPRM, PHMSA 

proposed to add a new paragraph, 

§ 172.101(c)(10)(iv), outlining the 

authorization to describe the mixture or 

solution based on the predominant 

material contributing to the hazard 

classification. 

One commenter (DOE) suggested that 

we remove the reference to nonhazardous material in 

§ 172.101(c)(10)(iv) because the mixture 

of hazardous material and nonhazardous material is already addressed 

in § 172.101(c)(10)(i). Additionally, the 

commenter asked for clarification of 

instances when the provision should be 

used and asked to define the meaning of 

‘‘trace amounts.’’ 

We agree. It is correct that 

§ 172.101(c)(10)(i) already addresses a 

mixture or solution of a hazardous 

material and non-hazardous material. 

The provision pertains to a mixture or 

solution containing non-hazardous 

material in such quantities that it does 

not alter the physical state or purity of 

the hazardous material it is mixed with, 

as well as either the hazard 

classification, packing group, subsidiary 

hazard, or emergency response 

procedures. The intent of new 

paragraph § 172.101(c)(10)(iv) is to 

provide instruction for selecting the 

most appropriate proper shipping name 

for a mixture or solution of a hazardous 

material and traces of one or more other 

hazardous materials, one or more nonhazardous materials, or both. Where 

such a mixture or solution occurs that 

the trace amount of material does not 

affect the classification, the material 

must be described using the most 

appropriate proper shipping name for 

the predominant hazardous material. 

Based on the comment received and 

reconsideration of our proposal, we are 

instead revising paragraph (c)(10)(i) to 

provide clarification on properly 

describing a material that is a mixture 

or solution of a predominant hazardous 

material and trace amounts of hazardous 

or non-hazardous material, or both; 

rather than add a new paragraph 

(c)(10)(iv). The six conditions in 

§ 172.101(c)(10)(i) that currently limit a 

mixture or solution of hazardous 

material with a non-hazardous material 

from being described using the proper 

shipping name of the hazardous 

material would also apply to a mixture 

or solution of a single predominant 

hazardous material and trace amounts of 

other hazardous or non-hazardous 

materials or both. 

With regard to instances when the 

provision would be used, we would 

expect it to be applied in cases of 

mixtures or solutions of a hazardous 

material that contain small amounts of 

preservatives or are contaminated with 

trace amounts of hazardous material in 

such a way that the ‘‘trace amounts’’ do 

not affect the packaging, the hazard 

class, the packing group, etc of the 

hazardous material. As for defining 

‘‘trace amounts’’ we do not specifically 

define this term because determination 

of when an amount of material affects 

the hazard classification is highly 

variable depending on the physical and 

chemical properties of the materials 

involved and the quantities of material 

involved. Therefore, in this final rule, 

we are revising § 172.101(c)(10)(i) to 

provide instruction on properly 

describing a material that is a mixture 

or solution of a predominant hazardous 

material and trace amounts of hazardous 

or non-hazardous material, or both. 

Paragraph (e) of § 172.101 provides 

explanations for the letters that precede 

identification numbers assigned to 

proper shipping names in the HMT. In 

this final rule, PHMSA is adding an 

explanation for identification numbers 

associated with certain descriptions 

under the ICAO Technical Instructions 

and are preceded by the letters ‘‘ID.’’ 

Additionally, PHMSA is authorizing use 

of the international air description, 

‘‘ID8000, Consumer commodity, 9’’ in 

the HMT with material and article 

eligibility for use of the description 

based on Special provision A112 and 

Packing Instruction Y963 of the 2011– 

2012 ICAO Technical Instructions. 

Hazardous Materials Table (HMT) 

In this final rule, PHMSA is making 

various amendments to the HMT. 

Readers should review all changes for a 

complete understanding of the 

amendments. For purposes of the 

Government Printing Office’s 

typesetting procedures, changes to the 

HMT appear under three sections of the 

Table, ‘‘remove,’’ ‘‘add,’’ and ‘‘revise.’’ 

Certain entries in the HMT, such as 

those with revisions to the proper 

shipping names, appear as a ‘‘remove’’ 

and ‘‘add.’’ Amendments to the HMT 

include the following: 

New HMT entries 


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UN3482 .............................. Alkali metal dispersions, flammable or Alkaline earth metal dispersions, flammable. 

UN3496 .............................. Batteries, nickel-metal hydride. 

This new HMT entry for UN3496 

includes a W in Column (1) to indicate 

use of this hazardous materials 

description is limited to vessel transport 

of these materials. 

Two commenters (Saft, PRBA) 

indicated concern with our proposed 

assignment of Special Provision 130 (for 

transportation of dry batteries—i.e., 

‘‘Batteries, dry, sealed, n.o.s.’’) to this 

entry and the potential for confusion 

leading to use of this entry for modes 

other than vessel. 

We agree. To help clarify the use of 

this entry, we have included additional 

language in Column (2) to refer shippers 

transporting nickel-metal hydride 

batteries by modes other than vessel to 

the HMT entry ‘‘Batteries, dry, sealed, 

n.o.s.’’ for instruction on the transport 

requirements for nickel-metal hydride 

batteries. Additionally, we have revised 

Special Provision 130 to make clear that 

for other than nickel-metal hydride 

batteries transported by vessel subject to 

Special Provision 340, dry batteries 

must be transported in accordance with 

Special Provision 130. 

UN3485 .............................. Calcium hypochlorite, dry, corrosive or Calcium hypochlorite mixtures, dry, corrosive with more than 39% available 

chlorine (8.8% available oxygen). 

UN3487 .............................. Calcium hypochlorite, hydrated, corrosive or Calcium hypochlorite, hydrated mixture, corrosive with not less than 

5.5% but not more than 16% water. 

UN3486 .............................. Calcium hypochlorite mixture, dry, corrosive with more than 10% but not more than 39% available chlorine. 

ID8000 ................................ Consumer commodity. 

This shipping description is added to 

the HMT as a Class 9 miscellaneous 

hazardous material to be used for the air 

transportation of limited quantities of 

certain hazardous materials of Class 2 

(non-toxic aerosols only), Class 3 (PG II 

and III only), Division 6.1 (PG III only), 

and of UN identification numbers 

UN3077, UN3082, and UN3175, 

provided such materials do not have a 

subsidiary risk and are authorized 

aboard a passenger-carrying aircraft. 

This amendment is based on changes 

incorporated into the 2011–2012 ICAO 

TI. 

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

UN3495 .............................. Iodine. 

Iodine is transported globally under a 

number of different shipping 

descriptions dependent on the shipper. 

In the interest of reducing risks 

associated with transport of iodine 

under various descriptions and 

therefore, various packaging, we are 

adding this unique UN identification 

number and shipping description to 

provide for specific packaging 

requirements and faster identification 

and access to emergency response 

information. 

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

Lithium hypochlorite is a common 

commercial product used as a 

disinfectant that is often mixed with 

other non-hazardous organic salts. 

Currently, the HMT only provides for a 

Division 5.1, PG II designation for this 

material, yet testing conducted in 

accordance with the UN Manual of 

Tests and Criteria has indicated that 

some common commercial mixtures 

meet the criteria for classification in 

Division 5.1, PG III. Therefore, PHMSA 

is adding a line to the current entry to 

allow for classification of lithium 

hypochlorite and mixtures of lithium 

hypochlorite in PG III, where 

appropriate. 

One commenter (FMC) noted that the 

addition of the proposed PG III entry for 

the ‘‘Lithium hypochlorite, UN1471’’ 

shipping description retains the 

italicized text ‘‘with more than 39% 

available chlorine (8.8% available 

oxygen)’’ as well as the word ‘‘dry’’ for 

lithium hypochlorite mixtures and that 

this is not consistent with the hazardous 

materials description in the dangerous 

goods list in the UN Model Regulations, 

the ICAO Technical Instructions, and 

the soon to be adopted IMDG Code. 

FMC requested that PHMSA revise the 

entry by deleting the qualifying text as 

well as the word ‘‘dry’’ to be consistent 

with international standards and 

regulations and to provide shippers 

with the most appropriate shipping 

description for the transport of lithium 

hypochlorite materials. Additionally, 

FMC stated: 

[M]ore fundamental and practical problems 

will arise if this qualifying text is retained in 

the HMR entry for UN1471. Some of the 

commercial lithium hypochlorite products 

shipped domestically and internationally by 

FMC have less than 39% available chlorine 

(8.8% available oxygen), and so would not be 

properly described by the entry as it is 

proposed to be modified. [T]hese products 

nevertheless meet the criteria for 

classification in Division 5.1, Packing Group 

II or III. Consequently, under the HMR, FMC 

must describe these products by an 

appropriate entry in the HMT associated with 

the correct class and packing group, namely 

‘‘Hypochlorites, inorganic, n.o.s.’’ (UN3212) if 

the product meets Packing Group II criteria, 

or, since UN3212 does not provide a Packing 

Group III option, ‘‘Oxidizing solid, n.o.s.’’ 

(UN1479) if the product meets the criteria for 

assignment to Packing Group III. Thus, for 

road and rail transport within the United 

States FMC’s lithium hypochlorite products 

would have to be described by one of three 

different entries. 

We agree. Removing the italicized text 

would facilitate a uniform process of 

describing lithium hypochlorite 

materials for transport purposes without 

reducing the safety of transport when 

using this description in lieu the 

descriptions discussed in the comment 

by FMC. Additionally, we are making a 

conforming amendment (with the IMDG 

Code) to the PG II entry for UN1471 to 

assign special provisions T3 and TP33 

applicable to a portable tank when used 

to transport this material. T3 outlines 


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the minimum test pressure, minimum 

shell thickness, bottom opening 

requirements, and pressure relief 

requirements in addition to the design 

and constructions requirements for the 

portable tank. TP33 outlines provisions 

for transport of granular or powdered 

solids. Therefore, in this final rule, we 

are adopting the PG III entry for 

‘‘Lithium hypochlorite, UN1471’’ 

without the italicized text and the word 

‘‘dry,’’ as well as making a conforming 

revision to the shipping description for 

the PG II entry already in the HMT to 

read, ‘‘Lithium hypochlorite, dry or 

Lithium hypochlorite mixtures, 

UN1471.’’ 

UN3483 .............................. Motor fuel anti-knock mixture, flammable. 

UN3494 .............................. Petroleum sour crude oil, flammable, toxic (this entry is identified in the HMT as appropriate for international transportation under § 172.101(b)(5)). 

UN3492 .............................. Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m 3

and saturated vapor concentration greater than or equal to 500 LC 50. 

UN3493 .............................. Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m 3

and saturated vapor concentration greater than or equal to 10 LC 50. 

UN3488 .............................. Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m 3

and saturated vapor concentration greater than or equal to 500 LC 50. 

UN3489 .............................. Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m 3

and saturated vapor concentration greater than or equal to 10 LC 50. 

UN3490 .............................. Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 

ml/m 3 and saturated vapor concentration greater than or equal to 500 LC 50. 

UN3491 .............................. Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 

ml/m 3 and saturated vapor concentration greater than or equal to 10 LC 50. 

Based on a recommendation by a 

commenter (PPG), we note that two new 

entries for toxic-by-inhalation (TIH) 

material (i.e., UN3492 and UN3493) 

added in the sixteenth revised edition of 

the UN Model Regulations and in this 

final rule will likely be removed from 

the dangerous goods table in the 

seventeenth revised edition of the UN 

Model Regulations. Shippers who 

choose to use these new descriptions on 

shipping papers and markings on boxes 

may incur additional costs when having 

to change the material descriptions 

again should the descriptions be 

removed from the UN Model 

Regulations and subsequently, the HMR. 

Additionally, because of the addition 

of generic TIH descriptions for toxic, 

flammable, corrosive material (i.e., UN 

3488, UN3499), PPG believes the 

domestic entries for ‘‘sec-Butyl 

chloroformate, NA2742’’ and ‘‘Isobutyl 

chloroformate, NA2742’’ are obsolete 

and recommended that these materials 

be described using the generic TIH 

descriptions for consistent hazard 

communication of these materials 

between modes of transportation. 

We agree. Therefore, in this final rule, 

as a conforming amendment to the 

addition of the generic TIH entries, we 

are deleting the domestic use entries 

‘‘sec-Butyl chloroformate, NA2742’’ and 

‘‘Isobutyl chloroformate, NA2742’’ from 

the HMT. 

Amendments to the Column (1) Symbols 

The entries ‘‘Elevated temperature 

liquid, flammable, n.o.s., with flash 

point above 37.8 °C, at or above its flash 

point, UN3256,’’ ‘‘Elevated temperature 

liquid, n.o.s., at or above 100 °C and 

below its flash point (including molten 

metals, molten salts, etc.), UN3257,’’ and 

‘‘Elevated temperature solid, n.o.s., at or 

above 240 °C, UN3258’’ are revised by 

adding the symbol G. The symbol G 

identifies proper shipping names for 

which a technical name of the 

hazardous material is required in 

parentheses in association with the 

basic description. Requiring the 

technical name(s) for certain elevated 

temperatures materials will help 

emergency responders in selecting the 

proper materials for extinguishing a fire 

involving these hazardous materials and 

will aid in estimating the temperature 

properties of the materials (e.g., the 

melting point). 

The entries ‘‘Metal catalyst, dry, 

UN2881’’ and ‘‘Metal catalyst, wetted 

with a visible excess of liquid, UN1378’’ 

are revised by adding the symbol G. The 

symbol G identifies proper shipping 

names for which a technical name of the 

hazardous material is required in 

parentheses in association with the 

basic description. Requiring the 

technical name(s) for metal catalysts 

will aid emergency responders in 

selecting the proper fire suppressant 

(e.g., CO2) if the hazardous material is 

involved in a fire or in identifying other 

materials the metal catalyst could react 

with. 

The entry ‘‘Powder, smokeless, 

UN0509,’’ is revised by deleting the 

symbol D. The symbol D identifies a 

proper shipping name for domestic use 

only. This entry has been adopted into 

the UN Model Regulations, the ICAO TI, 

and the IMDG Code. This deletion is 

consistent with our final rule published 

under Docket HM–215J (74 FR 2200, 

January 14, 2009) in which we indicated 

our intent to remove the symbol D in a 

future rulemaking upon adoption of the 

entry into international regulations. 

For the following Division 5.1 

(oxidizer) materials and Division 6.1 

(toxic) materials, the entries are revised 

by adding the symbol G. The symbol G 

identifies proper shipping names for 

which one or more technical names of 

the hazardous material must be entered 

in parentheses in association with the 

basic description on a shipping paper. 

Knowledge of the technical name of 

toxic materials may aid emergency 

responders with implementing more 

appropriate first aid measures: 

UN3141 .............................. Antimony compounds, inorganic, liquid, n.o.s. 

UN1549 .............................. Antimony compounds, inorganic, solid, n.o.s. 

UN1556 .............................. Arsenic compounds, liquid, n.o.s. inorganic, including arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides, n.o.s.; 

and organic compounds of arsenic, n.o.s. 

UN1557 .............................. Arsenic compounds, solid, n.o.s. inorganic, including arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides, n.o.s.; 

and organic compounds of arsenic, n.o.s. 

UN1564 .............................. Barium compounds, n.o.s. 

UN1566 .............................. Beryllium compounds, n.o.s. 

UN3213 .............................. Bromates, inorganic, aqueous solution, n.o.s. 

UN1450 .............................. Bromates, inorganic, n.o.s. 


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UN2570 .............................. Cadmium compounds. 

UN3210 .............................. Chlorates, inorganic, aqueous solution, n.o.s. 

UN1461 .............................. Chlorates, inorganic, n.o.s. 

UN1462 .............................. Chlorites, inorganic, n.o.s. 

UN1583 .............................. Chloropicrin mixtures, n.o.s. 

UN3362 .............................. Chlorosilanes, toxic, corrosive, flammable, n.o.s. 

UN3361 .............................. Chlorosilanes, toxic, corrosive, n.o.s. 

UN1935 .............................. Cyanide solutions, n.o.s. 

UN2856 .............................. Fluorosilicates, n.o.s. 

UN3212 .............................. Hypochlorites, inorganic, n.o.s. 

UN2291 .............................. Lead compounds, soluble, n.o.s. 

UN2024 .............................. Mercury compounds, liquid, n.o.s. 

UN2025 .............................. Mercury compounds, solid, n.o.s. 

UN3144 .............................. Nicotine compounds, liquid, n.o.s. or Nicotine preparations, liquid, n.o.s. 

UN1665 .............................. Nicotine compounds, solid, n.o.s. or Nicotine preparations, solid, n.o.s. 

UN3219 .............................. Nitrites, inorganic, aqueous solution, n.o.s. 

UN2627 .............................. Nitrites, inorganic, n.o.s. 

UN3214 .............................. Permanganates, inorganic, aqueous solution, n.o.s. 

UN1482 .............................. Permanganates, inorganic, n.o.s. 

UN2026 .............................. Phenylmercuric compounds, n.o.s. 

UN2630 .............................. Selenates or Selenites. 

UN3440 .............................. Selenium compound, liquid, n.o.s. 

UN3283 .............................. Selenium compound, solid, n.o.s. 

UN3284 .............................. Tellurium compound, solid, n.o.s. 

UN3285 .............................. Vanadium compound, solid, n.o.s. 

Amendments to the Column (2) 

Hazardous Materials Descriptions and 

Proper Shipping Names 

The proper shipping name for the 

entry ‘‘Detonator, assemblies, nonelectric, for blasting, UN0500,’’ is 

revised by removing the comma after 

‘‘Detonator’’ to read ‘‘Detonator 

assemblies, non-electric, for blasting.’’ 

This revision appears as a ‘‘Remove/ 

Add’’ in this rulemaking. 

The proper shipping name for the 

entry ‘‘Engines, internal combustion, 

flammable gas powered, UN3166,’’ is 

revised to read ‘‘Engines, internal 

combustion or Engines, fuel cell, 

flammable gas powered.’’ This revision 

appears as a ‘‘Remove/Add’’ in this 

rulemaking. 

One commenter (IATA) suggests that 

we revise this proper shipping name to 

the singular ‘‘engine’’ in alignment with 

use of the singular form for the entries 

in the UN Model Regulations. We 

disagree. As indicated by the 

commenter, § 172.101(c)(1) authorizes 

use of proper shipping names in the 

singular or plural form. Therefore, we 

believe it is not necessary to revise the 

proper shipping name to the singular 

‘‘engine’’ when the shipper is authorized 

to modify the proper shipping name 

between singular and plural forms. 

The proper shipping name for the 

entry ‘‘Engines, internal combustion, 

flammable liquid powered, UN3166,’’ is 

revised to read ‘‘Engines, internal 

combustion or Engines, fuel cell, 

flammable liquid powered.’’ This 

revision appears as a ‘‘Remove/Add’’ in 

this rulemaking. 

One commenter (IATA) suggests that 

we revise this proper shipping name to 

the singular ‘‘engine’’ in alignment with 

use of the singular form for the entries 

in the UN Model Regulations. We 

disagree. As indicated by the 

commenter, § 172.101(c)(1) authorizes 

use of proper shipping names in the 

singular or plural form. Therefore, we 

believe it is not necessary to revise the 

proper shipping name to the singular 

‘‘engine.’’ 

The proper shipping names 

‘‘Formaldehyde, solutions, flammable, 

UN1198’’ and ‘‘Formaldehyde, solutions, 

with not less than 25 percent 

formaldehyde, UN2209’’ are revised to 

remove an errant comma between the 

words ‘‘Formaldehyde’’ and ‘‘solutions.’’ 

This revision appears as a ‘‘Remove/ 

Add’’ in this rulemaking. 

The proper shipping name for the 

entry ‘‘1-Hydroxybenzotriazole, 

anhydrous, wetted with not less than 20 

percent water, by mass, UN3474’’ is 

revised to read ‘‘1- 

Hydroxybenzotriazole, monohydrate.’’ 

This revision appears as a ‘‘Remove/ 

Add’’ in this rulemaking. 

The proper shipping name for the PG 

II entry for Lithium hypochlorite, dry 

with more than 39% available chlorine 

(8.8% available oxygen) or Lithium 

hypochlorite mixture, dry with more 

than 39% available chlorine (8.8% 

available oxygen), UN1471’’ is revised to 

read ‘‘Lithium hypochlorite, dry or 

Lithium hypochlorite mixture’’ to 

conform with the addition of the new 

PG III entry and international use of this 

proper shipping name. This revision 

appears as a ‘‘Remove/Add’’ in this 

rulemaking. 

The proper shipping name for the 

entry ‘‘Nitric acid other than red fuming, 

with less than 65 percent nitric acid, 

UN2031’’ is revised to read ‘‘Nitric acid 

other than red fuming, with more than 

20 percent and less than 65 percent 

nitric acid, UN2031.’’ The proper 

shipping name for the Packing Group I 

entry ‘‘Nitric acid other than red fuming, 

with more than 70 percent nitric acid, 

UN2031’’ is added to the HMT. In a final 

rule published on January 14, 2009 

(HM–215J; 74 FR 2200), errors were 

made to both nitric acid entries and in 

this final rule, PHMSA aligns them 

correctly in accordance with the various 

international standards. Additionally, 

we are removing the outdated Packing 

Group II entry ‘‘Nitric acid other than 

red fuming, with not more than 70 

percent nitric acid, UN2031’’ that should 

have been removed from the HMT in the 

same final rule. 

The proper shipping name for the 

entry ‘‘Tars, liquid including road 

asphalt and oils, bitumen and cut 

backs, UN1999’’ is revised to read ‘‘Tars, 

liquid including road oils and cutback 

bitumens.’’ The entries in the HMT 

applicable to transport of bitumen may 

cause confusion with respect to the 

proper classification of the material. The 

entries include ‘‘Combustible liquid, 

n.o.s., NA1993, combustible liquid’’ and 

‘‘Tars, liquid including road asphalt and 

oils, bitumen and cut backs, UN1999, 

3,’’ and the entries ‘‘Elevated 

temperature liquid, flammable, n.o.s., 

UN3256, 3’’ and ‘‘Elevated temperature 

liquid, n.o.s., UN3257, 9,’’ when the 

material is heated and offered for 

transport. Bitumen is a hydrocarbon 

material derived from crude oil having 

a flashpoint of 160 °C or greater. 

Bitumens typically do not meet the 

classification for a Class 3 flammable 


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liquid except for cutback bitumens 

which are blended with a flammable 

material such as kerosene. Also, road 

asphalt is bitumen mixed with sand and 

fillers which also does not meet the 

classification for a Class 3 flammable 

liquid. Therefore, we are revising the 

proper shipping name ‘‘Tars, liquid 

including road asphalt and oils, 

bitumen and cut backs’’ by removing 

reference to asphalt and clarifying 

applicability to cutback bitumens to 

read ‘‘Tars, liquid including road oils 

and cutback bitumens.’’ This revision 

appears as a ‘‘Remove/Add’’ in this 

rulemaking. 

The proper shipping name for the 

entry ‘‘Trinitro-meta-cresol, UN0216’’ is 

revised to read ‘‘Trinitro-m-cresol.’’ This 

revision appears as a ‘‘Remove/Add’’ in 

this rulemaking. 

The proper shipping name for the 

entry ‘‘Vehicle, flammable gas powered, 

UN3166,’’ is revised to read ‘‘Vehicle, 

flammable gas powered or Vehicle, fuel 

cell, flammable gas powered.’’ This 

revision appears as a ‘‘Remove/Add’’ in 

this rulemaking. 

The proper shipping name for the 

entry ‘‘Vehicle, flammable liquid 

powered, UN3166,’’ is revised to read 

‘‘Vehicle, flammable liquid powered or 

Vehicle, fuel cell, flammable liquid 

powered.’’ This revision appears as a 

‘‘Remove/Add’’ in this rulemaking. 

Amendments to the Column (3) Hazard 

Class or Division 

PHMSA is revising the classification 

of a number of entries to Division 6.1 

poisonous primary hazards for 

consistency with the adoption of 

classification changes into the sixteenth 

revised edition of the UN Model 

Regulations. The changes are based on 

data provided from a thorough review of 

literature on toxic-by-inhalation 

materials. The review of literature is 

provided in Informal Document UN/ 

SCETDG/33/INF.8 submitted to the 33rd 

session of the UN Sub-Committee of 

Experts on the Transport of Dangerous 

Goods which is available at http:// 

www.unece.org/trans/main/dgdb/ 

dgsubc/c3inf33.html. 

For the entry ‘‘Tetranitromethane, 

UN1510,’’ the Class 5 (oxidizer) 

material’s primary hazard is revised to 

a Division 6.1 (poisonous) material 

primary hazard. 

For the following Class 3 (flammable 

liquid) materials, the Class 3 primary 

hazard is revised to a Division 6.1 

(poisonous) material primary hazard. 

UN2481 .............................. Ethyl isocyanate. 

UN2486 .............................. Isobutyl isocyanate. 

UN2483 .............................. Isopropyl isocyanate. 

UN3079 .............................. Methacrylonitrile, stabilized. 

UN2605 .............................. Methoxymethyl isocyanate. 

For the following Class 8 (corrosive) 

materials, the Class 8 primary hazard is 

revised to a Division 6.1 (poisonous) 

material primary hazard. 

UN1810 .............................. Phosphorous oxychloride. 

UN1834 .............................. Sulfur chloride. 

UN1838 .............................. Titanium tetrachloride. 

Amendments to the Column (5) Packing 

Group (PG) 

The entry ‘‘Carbon dioxide, solid or 

Dry ice, UN1845’’ is revised by deleting 

the PG III designation. In general, the PG 

assigned to a material identifies the 

degree of hazard the material represents 

and determines the performance level of 

the packaging required for the material. 

For example, a PG II material (i.e., a 

moderate hazard material) is considered 

more hazardous and requires more 

stringent packaging than a PG III 

material (i.e., a low hazard material). 

Dry ice presents minimal risk during 

transport except where concentrations 

may build up in a confined space. 

Therefore, in this final rule, PHMSA is 

deleting the PG III designation from the 

entry. 

For the following Division 6.1 

poisonous materials, the PG is revised to 

read PG I. 

UN2668 .............................. Chloroacetonitrile. 

UN1810 .............................. Phosphorous oxychloride. 

UN2474 .............................. Thiophosgene. 

UN1838 .............................. Titanium tetrachloride. 

PHMSA is making this revision to the 

PG assignment for these entries for 

consistency with the adoption of 

changes into the sixteenth revised 

edition of the UN Model Regulations. 

The changes are based on data provided 

from a thorough review of literature on 

toxic-by-inhalation materials. The 

review of literature is provided in 

Informal Document UN/SCETDG/33/ 

INF.8 submitted to the 33rd session of 

the UN Sub-Committee of Experts on 

the Transport of Dangerous Goods 

which is available at http:// 

www.unece.org/trans/main/dgdb/ 

dgsubc/c3inf33.html. 

Amendments to the Column (6) Label(s) 

For the following hazardous material 

entries, PHMSA is revising the label 

requirements for consistency with 

changes made to the classification of 

these materials under amendments to 

Column (3) (see above). The Class 3 

(flammable liquid), Class 8 (corrosive), 

or Division 5.1 (oxidizer) primary 

hazard labels, as appropriate, and the 

Division 6.1 (poisonous) subsidiary 

hazard label are revised to a Division 6.1 

(poisonous) material primary hazard 

label and Class 3, Class 8, or Division 

5.1 subsidiary hazard label to read ‘‘6.1, 

3,’’ ‘‘6.1, 8,’’ or ‘‘6.1, 5.1,’’ as appropriate. 

UN2481 .............................. Ethyl isocyanate. 

UN2486 .............................. Isobutyl isocyanate. 

UN2483 .............................. Isopropyl isocyanate. 

UN3079 .............................. Methacrylonitrile, stabilized. 


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UN2605 .............................. Methoxymethyl isocyanate. 

UN1810 .............................. Phosphorous oxychloride. 

UN1834 .............................. Sulfur chloride. 

UN1838 .............................. Titanium tetrachloride. 

The entry ‘‘Chlorosilanes, toxic, 

corrosive, flammable, n.o.s., UN3362’’ is 

revised by correctly ordering the 

sequence of labeling hazards to reflect 

the proper shipping name to read ‘‘6.1, 

8, 3.’’ 

Amendments to the Column (7) Special 

Provisions 

The entry ‘‘Chloropicrin, UN1580’’ is 

revised by replacing the portable tank 

instruction T Code T14 with T22. The 

UN Committee of Experts on the 

Transport of Dangerous Goods revised 

the T Code assignment for a number of 

Division 6.1 (toxic-by-inhalation) 

materials from T14 to T22. Assigning 

T22 requires a higher pressure for the 

periodic hydrostatic test (6 bar to 10 bar) 

and a thicker minimum shell thickness 

(6 mm to 10 mm). Therefore, for 

consistency with revisions made to the 

T Code assignments under the sixteenth 

revised edition of the UN Model 

Regulations, we are revising the T Code 

to read T22. 

The entry ‘‘Compressed gas, n.o.s., 

UN1956’’ is revised by deleting special 

provision 77 which authorizes the use 

of this entry for mixtures of gases with 

less than 23.5% oxygen when no other 

oxidizing gases are present. Because we 

are modifying the definition of 

oxidizing gas in § 171.8 of the HMR to 

indicate that ‘‘a gas which may, by 

providing oxygen, cause or contribute to 

the combustion of other material more 

than air does means pure gases or gas 

mixtures with an oxidizing power 

greater than 23.5% oxygen’’ and because 

the entry ‘‘Compressed gas, oxidizing, 

n.o.s., UN3156’’ is currently available in 

the HMT, the special provision is 

redundant and no longer necessary. 

The entry ‘‘Environmentally 

hazardous substance, solid, UN3077’’ is 

revised by adding new special provision 

A112 authorizing the transportation of 

certain IBCs containing this material up 

to a maximum net quantity of 1,000 kg 

by passenger or cargo-only aircraft. 

The entry ‘‘Ethylene oxide or Ethylene 

oxide with nitrogen up to a total 

pressure of 1 MPa (10 bar) at 50 degrees 

C, UN1040 is revised by deleting special 

provision A59 and adding new special 

provision 342. The provisions in A59 

applied only to air transport but they 

now apply to all modes under new 

Special provision 342. See Section 

172.102 special provisions for a 

discussion of new special provision 342. 

The entry ‘‘1-Hydroxybenzotriazole, 

monohydrate, UN3474’’ is revised by 

deleting special provision 162. Special 

provision 162 requires that for the 

material to be transported as a Division 

4.1 desensitized material, it must be 

transported in such a manner that at no 

time during the course of transportation 

does the percentage concentration of 

water fall below 20%. Anhydrous 

hydroxybenzotriazole rapidly converts 

to the monohydrate form in the 

presence of water, that is, the thermally 

stable form of the substance. 

Additionally, tests have indicated that 

the monohydrate maintains its water 

content under temperature conditions 

encountered in storage and transport 

over extended periods of time. This 

conforms to the intent of the provisions 

specified in special provision 162 and 

therefore, we are deleting special 

provision 162 from the entry. 

The entry ‘‘Motor fuel anti-knock 

mixtures, UN1649’’ is revised by 

deleting special provision 151. Special 

provision 151 requires that if this 

material also meets the definition of a 

Class 3 (flammable) liquid under 

§ 173.120 of the HMR, a FLAMMABLE 

LIQUID label is required and the basic 

description on the shipping paper must 

indicate the Class 3 subsidiary hazard. 

However, because of the addition of the 

new entry ‘‘Motor fuel anti-knock 

mixtures, flammable, UN3483’’ which 

indicates a Class 3 subsidiary hazard, 

we believe it is no longer necessary to 

assign special provision 151 to this 

entry. 

The entry ‘‘Nitrogen, refrigerated 

liquid cryogenic liquid, UN1977’’ is 

revised by adding new special 

provisions 345 and 346. See Section 

172.102 special provisions for a 

discussion of new special provisions 

345 and 346. 

The entry ‘‘Oxygen, compressed, 

UN1072’’ is revised by adding special 

provision 110 authorizing an actuating 

cartridge (e.g., power device cartridges 

of Division 1.4, compatibility groups C 

and S) to be installed on a cylinder 

containing oxygen without changing the 

classification of Division 2.2. See 

Section 172.102 special provisions for a 

discussion of our revision to special 

provision 110. 

The entry ‘‘Pentaerythrite tetranitrate 

or Pentaerythritol tetranitrate or PETN, 

with not less than 7 percent wax by 

mass, 0411)’’ is revised by assigning 

special provision 120 to the entry. A 

final rule published in the Federal 

Register under Docket HM–215B (62 FR 

24689, May 6, 1997), added special 

provision 120 to § 172.102(c)(1) of the 

HMR and assigned it to one of the 

phlegmatized HMT entries for PETN 

(UN0411). In this final rule, PHMSA is 

reassigning special provision 120 to 

UN0411 in Column (7) of the HMT 

because it never appeared in the 

subsequent printing of the HMR but the 

requirement remains valid. 

The entry ‘‘Petroleum crude oil, 

UN1267’’ is revised by adding new 

special provision 357 instructing a 

shipper, if applicable, to use the entry 

‘‘Petroleum sour crude oil, flammable, 

toxic, UN3494’’ for petroleum crude oil 

containing hydrogen sulfide in 

sufficient concentration that vapors 

evolved from the crude oil can present 

an inhalation hazard when this material 

is offered for transportation 

internationally. See Section 172.102 

Special provisions for a discussion of 

special provision 357. 

The entry ‘‘Zinc ammonium nitrate, 

UN1512’’ is revised by deleting special 

provision IP2 which requires IBCs other 

than metal or rigid plastic IBCs to be 

offered for transportation in a closed 

freight container or a closed transport 

vehicle. 

The following Division 1.4, 

Compatibility Group S (1.4S) explosive 

article entries in the HMT are revised by 

adding new special provision 347 which 

limits the use of the entries to only 

those articles that have successfully 

passed Test series 6(d) of Part I of the 

UN Manual of Tests and Criteria. For 

clarity, we are also adding the special 

provision to the entry ‘‘Cartridges, 

power device (used to project fastening 

devices), ORM–D’’ to indicate that the 

requirements for special provision 347 

also apply to Division 1.4S articles that 

may be reclassed as ORM–D. See 

Section 172.102 Special Provisions for a 

discussion of new special provision 347. 

UN0323 .............................. Cartridges, power device. 

UN0460 .............................. Charges, bursting, plastics bonded. 

UN0445 .............................. Charges, explosive, commercial without detonator. 


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UN0441 .............................. Charges, shaped without detonator. 

UN0500 .............................. Detonator assemblies, non-electric for blasting. 

UN0456 .............................. Detonators, electric for blasting. 

UN0366 .............................. Detonators for ammunition. 

UN0455 .............................. Detonators, non-electric for blasting. 

The following Division 6.1 (toxic-byinhalation) materials entries are revised 

by replacing the portable tank 

instruction T Code T22 with T20. The 

UN Committee of Experts on the 

Transport of Dangerous Goods revised 

the T Code assignment for a number of 

Division 6.1 (toxic-by-inhalation) 

materials from T14 to T20. Assigning 

T20 requires a higher pressure for the 

periodic hydrostatic test (6 bar to 10 bar) 

and a thicker minimum shell thickness 

(6 mm to 8 mm). This change is 

consistent with the T Code assigned to 

the same materials in the HMT. 

However, for the materials listed below, 

we assigned a T Code T22 which 

requires a minimum shell thickness of 

10 mm. We do not believe there would 

be a safety risk in reducing the 

minimum shell thickness for portable 

tanks containing these materials from 10 

mm to 8 mm. Therefore, for consistency 

with revisions made to the T Code 

assignments under the sixteenth revised 

edition of the UN Model Regulations as 

well as consistency with the current 

assignment of T20 to a number of other 

Division 6.1 (toxic-by-inhalation 

material) entries, the T Code T20 would 

be assigned for the following materials. 

UN2484 .............................. tert-Butyl isocyanate. 

UN2481 .............................. Ethyl isocyanate. 

UN2486 .............................. Isobutyl isocyanate. 

UN2483 .............................. Isopropyl isocyanate. 

UN2605 .............................. Methoxymethyl isocyanate. 

UN2482 .............................. n-Propyl isocyanate. 

The following Division 6.1 (toxic-byinhalation) material entries are revised 

by adding the portable tank special 

provision TP13 as a conforming 

amendment to the changes to the PG 

assignment for these materials (see 

Amendments to Column (5) above). 

Special provision TP13 requires the use 

of self-contained breathing apparatus 

when the hazardous material is 

transported by vessel. 

UN2668 .............................. Chloroacetonitrile. 

UN1810 .............................. Phosphorous oxychloride. 

UN1834 .............................. Sulfur chloride. 

UN2474 .............................. Thiophosgene. 

The following organometallic 

substance entries are revised by adding 

portable tank special provision TP36 

which authorizes use of fusible 

elements in the vapor space on portable 

tanks transporting these materials. See 

Section 178.275 for a discussion of the 

authorized use of fusible elements on 

portable tanks. 

UN3392 .............................. Organometallic substance, liquid, pyrophoric. 

UN3394 .............................. Organometallic substance, liquid, pyrophoric, water-reactive. 

UN3398 .............................. Organometallic substance, liquid, water-reactive. 

UN3399 .............................. Organometallic substance, liquid, water-reactive, flammable. 

UN3391 .............................. Organometallic substance, solid, pyrophoric. 

UN3393 .............................. Organometallic substance, solid, pyrophoric, water-reactive. 

UN3400 .............................. Organometallic substance, solid, self-heating. 

UN3395 .............................. Organometallic substance, solid, water-reactive. 

UN3396 .............................. Organometallic substance, solid, water-reactive, flammable. 

UN3397 .............................. Organometallic substance, solid, water-reactive, self-heating. 

The following Division 5.1 (oxidizer) 

substance entries are revised by adding 

new special provision W1. Special 

provision W1 excepts these substances 

from the HMR for vessel transport when 

transported in non-friable prill or 

granule form provided the substance has 

been successfully tested in accordance 

with the UN Manual of Tests and 

Criteria. 

UN1486 ............................................. Potassium nitrate. 

UN1498 ............................................. Sodium nitrate. 

UN1499 ............................................. Sodium nitrate and potassium nitrate mixtures. 

Amendments to the Column (8) 

Packaging Authorizations 

The four flammable liquid entries 

‘‘Alcohols, n.o.s., UN1987,’’ ‘‘Ethanol, 

UN1170,’’ ‘‘Formaldehyde solutions, 

flammable, UN1198’’ and ‘‘Isopropanol, 

UN1219’’ are revised in Column (8A) by 

adding reference to § 173.4b for 

additional exceptions for these 

materials. Section 173.4b prescribes the 

requirements for de minimis quantities 

of hazardous materials offered for 

transportation and transported by all 

modes, domestic or international. We 


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are adding a new paragraph (b) to except 

non-infectious specimens (e.g., museum 

specimens) preserved with small 

amounts of certain Class 3 materials 

from the HMR as recently adopted in 

the international standards. This 

amendment is consistent with previous 

interpretations we have issued on this 

matter. 

The entry ‘‘Hydrogen in a metal 

hydride storage system or Hydrogen in 

a metal hydride storage system 

contained in equipment or Hydrogen in 

a metal hydride storage system packed 

with equipment, UN3468’’ is revised in 

Column (8B) by deleting the reference to 

§ 173.214 for authorized non-bulk 

packaging and adding new section 

reference § 173.311. See Section 173.311 

for a discussion of authorized packaging 

provisions for hydrogen in a metal 

hydride storage system. 

The entry ‘‘Polyester resin kit, 

UN3269’’ is revised by amending 

Columns (8A) and (8B) to read 165 in 

reference to packaging provisions in 

§ 173.165. Column (8A) previously 

referred to § 173.152 and Column (8B) 

referred to § 173.225 for authorized 

packaging. For clarity and consistency, 

such articles are now subject to 

packaging provisions incorporated into 

the HMR specific to these articles. 

Amendments to the Column (9) 

Quantity Limitations 

We received three comments (3M, 

IATA, UPS) requesting that PHMSA 

harmonize with ICAO Technical 

Instructions amendments that forbid the 

transport of certain chlorosilane 

materials in passenger aircraft (UN1818, 

UN2434, UN2437, UN2986, and 

UN2987). 

We agree. Our original intent was to 

incorporate these amendments in the 

August 2010 proposed rule. Therefore, 

based on our intent and comments 

received, the following entries are 

revised by amending the Column (9A) 

package quantity limitations for 

passenger air and rail to read 

‘‘Forbidden,’’ consistent with the 2011– 

2012 ICAO Technical Instructions: 

UN1818 .............................. Silicon tetrachloride. 

UN2434 .............................. Diphenyldichlorosilane. 

UN2437 .............................. Methylphenyldichlorosilane. 

UN2986 .............................. Chlorosilanes, corrosive, flammable, n.o.s. 

UN2987 .............................. Chlorosilanes, corrosive, n.o.s. 

The entries ‘‘Medicine, liquid, 

flammable, toxic, n.o.s., UN3248,’’ 

‘‘Medicine, liquid, toxic, n.o.s., 

UN1851,’’ and ‘‘Medicine, solid, toxic, 

n.o.s., UN3249’’ are revised in the 

Column (9A) and (9B) package quantity 

limitations authorizing a greater 

maximum quantity per package 

consistent an changes made to the 

2011–2012 ICAO TI. 

Amendments to the Column (10) Vessel 

Stowage Requirements 

Vessel stowage location (10A). For the 

following materials, we are revising the 

authorized stowage locations in Column 

(10A) by revising the stowage category 

to read D. Assignment of stowage 

category D means the material must be 

stowed ‘‘on deck only’’ on a cargo vessel 

and on a passenger vessel carrying a 

number of passengers limited to not 

more than the larger of 25 passengers or 

one passenger per each 3 meters of 

overall vessel length. The material is 

prohibited on passenger vessels in 

which the limiting number is exceeded. 

UN1951 .............................. Argon, refrigerated liquid (cryogenic liquid). 

UN2187 .............................. Carbon dioxide, refrigerated liquid. 

UN1143 .............................. Crotonaldehyde or Crotonaldehyde, stabilized. 

UN1963 .............................. Helium, refrigerated liquid (cryogenic liquid). 

UN1970 .............................. Krypton, refrigerated liquid (cryogenic liquid). 

UN1647 .............................. Methyl bromide and ethylene dibromide mixtures, liquid. 

UN2644 .............................. Methyl iodide. 

UN2477 .............................. Methyl isothiocyanate. 

UN2606 .............................. Methyl orthosilicate. 

UN1913 .............................. Neon, refrigerated liquid (cryogenic liquid). 

UN2201 .............................. Nitrous oxide, refrigerated liquid. 

UN2337 .............................. Phenyl mercaptan. 

UN1810 .............................. Phosphorous oxychloride. 

UN1834 .............................. Sulfur chloride. 

UN2474 .............................. Thiophosgene. 

UN1838 .............................. Titanium tetrachloride. 

UN2591 .............................. Xenon, refrigerated liquid (cryogenic liquids). 

Vessel stowage codes (10B). For the 

following hazardous materials, we are 

removing from Column (10B) stowage 

code 18 (stowage code 143 for UN3392), 

which prohibits the material from being 

transported on any vessel carrying 

explosives (except Division 1.4S 

explosives), and we are adding in its 

place stowage code 78, which requires 

the materials to be stowed ‘‘separated 

longitudinally by an intervening 

complete compartment or hold from’’ 

explosives. 

UN1131 .............................. Carbon disulfide. 

UN1259 .............................. Nickel carbonyl. 

UN3392 .............................. Organometallic substance, liquid, pyrophoric. 

UN3394 .............................. Organometallic substance, liquid, pyrophoric, water-reactive. 

UN3194 .............................. Pyrophoric liquid, inorganic, n.o.s. 

UN2845 .............................. Pyrophoric liquids, organic, n.o.s. 


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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 adopting the 

following revisions to § 172.102, special 

provisions. 

Special provision 15 is revised by 

removing redundant regulatory text 

applicable to ‘‘Chemical kits, UN3316’’ 

and ‘‘First aid kits, UN3316.’’ 

Special provision 40 is revised to 

indicate that ‘‘Polyester resin kit, 

UN3269’’ requires specification outer 

packaging based on the PG assigned to 

the base (Class 3) material unless 

excepted as a limited or excepted 

quantity material. This revision is a 

clarification of the existing requirement. 

Special provision 77 is deleted. 

Special provision 77 allows use of the 

entry ‘‘Compressed gas, n.o.s., UN1956’’ 

for mixtures of gases with less than 

23.5% oxygen when no other oxidizing 

gases are present. PHMSA is modifying 

the definition of oxidizing gas in § 171.8 

to state that ‘‘a gas which may, by 

providing oxygen, cause or contribute to 

the combustion of other material more 

than air does,’’ meaning, pure gases or 

gas mixtures with an oxidizing power 

greater than 23.5% oxygen. Because of 

the availability of the entry 

‘‘Compressed gas, oxidizing, n.o.s., 

UN3156’’ in the HMT, we believe 

special provision 77 is no longer 

necessary. 

Special provision 78 is revised to 

direct shippers to use the entry 

‘‘Compressed gas, oxidizing, n.o.s., 

UN3156’’ to describe compressed air 

that contains pure gases or gas mixtures 

with an oxidizing power greater than 

23.5% oxygen. PHMSA is modifying the 

definition of oxidizing gas in § 171.8 of 

the HMR to indicate that ‘‘a gas which 

may, by providing oxygen, cause or 

contribute to the combustion of other 

material more than air does,’’ meaning, 

pure gases or gas mixtures with an 

oxidizing power greater than 23.5% 

oxygen. Therefore, we are revising this 

special provision to emphasize the 

revised definition and use of the proper 

shipping description. 

Special provision 110 is revised to 

include oxygen cylinders for emergency 

use. Fire extinguishers (UN1044) are 

assigned special provision 110, which 

authorizes the installation of a cartridge 

power device (of Divisions 1.4C and S) 

on the fire extinguisher without 

changing its classification from Division 

2.2, provided the actuating cartridge 

does not contain deflagrating 

(propellant) explosives exceeding 3.2 g. 

Many of these types of fire extinguishers 

are used in commercial aircraft 

applications where the actuating 

cartridge is necessary for remote 

activation to discharge the fire 

suppressant contained in the cylinder. 

Similarly, commercial aircraft are being 

designed to incorporate small oxygen 

cylinders in the overhead panels above 

passenger seats to provide emergency 

oxygen in the event of a 

depressurization. The design of the 

system is that a small actuating cartridge 

attached to each cylinder will be 

initiated once the passenger starts 

breathing into the mask, which will 

allow the flow of oxygen from these 

cylinders. In connection with the 

manufacturing and maintenance of the 

aircraft, it is necessary for these small 

cylinders to be transported with the 

actuator installed. The principal hazard 

presented by these oxygen cylinders 

remains that of Division 2.2, and not the 

Division 1.4 explosive hazard of the 

actuating cartridge. Therefore, in this 

final rule PHMSA is authorizing the 

transport of oxygen cylinders for 

emergency use with an installed 

actuating cartridge without changing the 

classification of Division 2.2 provided 

that the total quantity of deflagrating 

(propellant) explosives does not exceed 

3.2 g per oxygen cylinder, and further 

provided that the cylinders have an 

effective means of preventing 

inadvertent activation. 

Special provision 130 is revised in 

conformance with adoption of new 

special provision 340 and new § 172.101 

HMT entry, ‘‘Batteries, nickel-metal 

hydride, UN3496,’’ applicable to nickelmetal hydride batteries transported by 

vessel. Two commenters (PRBA, Saft) 

requested a revision to clarify the 

appropriate use of this special provision 

for the transport of nickel-metal hydride 

batteries. We agree that special 

provision 130 should be clarified to 

avoid confusion over appropriate use of 

entries applying to nickel-metal hydride 

batteries. Because these batteries are dry 

batteries, they are subject to conditions 

in special provision 130, which outlines 

that the provision applies to dry 

batteries when not specifically covered 

by another entry in the HMT. Because 

there is now another entry for nickelmetal hydride batteries that is modal 

specific, there is potential for confusion. 

We are therefore adding language to 

special provision 130 clarifying that, 

except for nickel-hydride batteries 

shipped under conditions specified in 

special provision 340 for vessel 

transportation, nickel-metal hydride 

batteries are covered by the entry 

‘‘Batteries, dry, sealed, n.o.s.’’ 

In addition, one commenter (PRBA) 

suggested that we codify guidance 

offered in several recently issued letters 

of interpretation (e.g., Ref. No. 09–0194) 

indicating our determination that spent 

or used dry batteries of not more than 

9 volts are not likely to generate a 

dangerous quantity of heat, short circuit, 

or create sparks during the normal 

course of transportation and thus, are 

not subject to the HMR when 

transported for purposes of recycling, 

reconditioning, or disposal. We agree. 

Therefore, in this final rule we are 

revising special provision 130 by adding 

a conditional exception for the ground 

transportation of spent or used dry 

batteries. 

For conformance with the addition of 

new proper shipping names for 

UN3166, special provision 134 is 

revised to specify that a battery-powered 

vehicle or equipment that also contains 

an internal combustion engine must be 

consigned under the entry ‘‘Engine, 

internal combustion, flammable gas 

powered’’ or ‘‘Engine, internal 

combustion, flammable liquid powered’’ 

or ‘‘Vehicle, flammable gas powered’’ or 

‘‘Vehicle, flammable liquid powered,’’ as 

appropriate. These entries include 

hybrid electric vehicles powered by 

both an internal combustion engine and 

batteries. Furthermore, a batterypowered vehicle or equipment that 

contains a fuel cell-powered engine 

must be consigned under the entry 

‘‘Engine, fuel cell, flammable gas 

powered’’ or ‘‘Engine, fuel cell, 

flammable liquid powered’’ or ‘‘Vehicle, 

fuel cell, flammable gas powered’’ or 

‘‘Vehicle, fuel cell, flammable liquid 

powered,’’ as appropriate. These entries 

include hybrid electric vehicles 

powered by a fuel cell, an internal 

combustion engine, and batteries. 

Special provision 135 is revised to 

specify that an internal combustion 

engine installed in a vehicle must be 

consigned to the entry ‘‘Vehicle, 

flammable gas powered’’ or ‘‘Vehicle, 

flammable liquid powered,’’ as 

appropriate. These entries include 

hybrid electric vehicles powered by 

both an internal combustion engine and 

installed wet, sodium or lithium 

batteries. If a fuel cell-powered engine is 

installed in a vehicle, the vehicle must 

be consigned using the entry ‘‘Vehicle, 

fuel cell, flammable gas powered’’ or 

‘‘Vehicle, fuel cell, flammable liquid 

powered,’’ as appropriate. These entries 

include hybrid electric vehicles 

powered by a fuel cell, an internal 

combustion engine, and batteries. 

Special provision 149 is revised to 

indicate the exception provided may not 


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be used for transportation by aircraft. 

This special provision authorizes an 

increased amount of certain Class 3 

(flammable liquid) materials in PG II 

that are also consumer commodities. We 

received one comment, from Safety 

Specialists, Inc. (SSI), opposing the 

elimination of air eligibility for use of 

the exception provided in the special 

provision. SSI asserts that because the 

materials currently authorized to use the 

packaging exception provided by 

special provision 149 are not 

‘‘extremely’’ hazardous materials, they 

should continue to be authorized in air 

transportation in far greater quantities 

per inner packaging than are limited 

quantities packaged under the ICAO 

Technical Instructions. We disagree. 

Standardization in today’s safety culture 

enhances safety, lowers training costs 

and facilitates commerce through 

greater productivity. PHMSA has made 

concessions in this final rule, such as 

lifting the § 175.75 cargo compartment 

loading restriction on packages of 

limited quantity materials, to offset per 

inner and outer packaging limitations 

adopted through harmonization with 

the ICAO Technical Instructions. We 

will also vigorously advocate for change 

at the international level when 

warranted. 

Special provision 157 is deleted 

because the language of this provision 

has been combined with the language of 

revised special provision 135. Special 

provision 157 was assigned to the 

entries ‘‘Vehicle, flammable gas 

powered’’ and ‘‘Vehicle, flammable 

liquid powered’’ and instructed shippers 

that these entries include hybrid electric 

vehicles powered by both internal 

combustion engines and installed wet, 

sodium or lithium batteries. This 

language is now in special provision 

135. 

Special provision 167 is revised to 

require a metal hydride storage system 

installed in conveyances, to be 

approved by the Associate 

Administrator before acceptance for 

transport. Special provision 167 is also 

applicable, where appropriate, to 

UN3166 entries powered by fuel cells. 

Special provision 198 is revised to 

include ‘‘Perfumery products, UN1266’’ 

among the list of products that 

nitrocellulose solutions containing not 

more than 20% nitrocellulose can be 

transported as. PHMSA is also revising 

this provision to clarify that the 

nitrocellulose may not contain more 

that 12.6% nitrogen by dry mass. 

A new special provision 340 is added 

to provide special instruction for the 

vessel transport of nickel-metal hydride 

batteries (including cells). Except for 

nickel-metal hydride button cells or 

nickel-metal hydride cells or batteries 

packed with or contained in equipment, 

when nickel-metal hydride batteries are 

loaded in a vessel cargo transport unit 

in a total quantity of 100 kg gross mass 

or more, shipment of the nickel-metal 

hydride batteries is subject to the 

shipping paper, dangerous cargo 

manifest requirements under § 176.30, 

and stowage conditions assigned to the 

‘‘Batteries, nickel-metal hydride, 

UN3496’’ entry in the § 172.101 HMT. 

Additionally, the nickel-metal hydride 

batteries are required to be securely 

packed and protected against a 

dangerous evolution of heat, short 

circuits and damage to terminals. 

A new special provision 342 is added 

to be consistent with the adoption of the 

same provisions in the UN Model 

Regulations and the IMDG Code as well 

as amendments made to special 

provision A131 in the ICAO Technical 

Instructions. The special provision 

allows sterilization devices containing 

ethylene oxide conforming to the 

conditions in the special provision and 

packaged in accordance with § 173.4a of 

the HMR to be offered for transportation 

and transported by all modes even 

though Column (9A) of the § 172.101 

HMT lists the material as forbidden by 

passenger aircraft. The addition of this 

special provision coincides with the 

deletion of special provision A59 which 

restricted the applicability of the special 

provision to air transport. See Special 

provision A59 for additional discussion 

of this amendment. 

A new special provision 343 is added 

and assigned to the new HMT entry 

‘‘Petroleum sour crude oil, flammable, 

toxic, UN3494,’’ indicating that for 

international transportation, this entry 

in the HMT must be used for petroleum 

crude oil containing hydrogen sulfide in 

sufficient concentration that vapors 

evolved from the crude oil can present 

an inhalation hazard. However, any 

bulk packaging used for the domestic 

transport of petroleum crude oil would 

be required to be marked in accordance 

with the new markings prescribed in 

§ 172.327 of the HMR to provide 

warning of the potential hazard from 

inhalation of hydrogen sulfide vapors. 

A new special provision 345 is added 

excepting from the requirements of the 

HMR ‘‘Nitrogen, refrigerated liquid 

cryogenic liquid, UN1977’’ transported 

in open cryogenic receptacles with a 

maximum capacity of 1 L. The 

receptacles must be constructed with 

glass double walls having the space 

between the walls vacuum insulated 

and each receptacle must be transported 

in an outer packaging with sufficient 

cushioning and absorbent materials to 

protect the receptacle from damage. 

A new special provision 346 is added 

excepting from the requirements of the 

HMR ‘‘Nitrogen, refrigerated liquid 

cryogenic liquid, UN1977’’ transported 

in accordance with the requirements for 

open cryogenic receptacles in § 173.320 

of the HMR. The receptacle must 

contain no hazardous materials other 

than the liquid nitrogen which must be 

fully absorbed in a porous material in 

the receptacle. 

A new special provision 347 is added 

restricting the use of certain HMT 

entries classed as Division 1.4S 

explosive materials to those articles 

successfully passing Test series 6(d) of 

Part I of the UN Manual of Tests and 

Criteria. See Section 172.101 Hazardous 

Materials Table (HMT) for the list of 

proper shipping names that are assigned 

special provision 347. A Division 1.4 

explosive is defined as an explosive that 

presents a minor explosion hazard such 

that hazardous effects are confined to a 

package and no projection of fragments 

of appreciable size or range are 

expected; and that an external fire must 

not cause virtually instantaneous 

explosion of almost the entire contents 

of a package containing a Division 1.4 

explosive. Under § 173.58 of the HMR, 

an explosive article or substance is 

subjected to Test Series 6(a), 6(b), and 

6(c) for assignment to an appropriate 

division (e.g. Division 1.4). Explosive 

articles or substances are assigned to 

Division 1.4, Compatibility Group S 

(1.4S) if hazardous effects are confined 

within a package or the blast and 

projection effects do not significantly 

hinder emergency response efforts. Test 

Series 6(a), 6(b), and 6(c) address hazard 

effects from exposure of the package to 

a fire but do not address whether 

hazardous effects from functioning of 

the articles or substances is confined 

within the package. PHMSA is 

concerned that there is a possibility that 

products classified as Division 1.4S 

based on behavior in a fire according to 

test procedures of Type 6(c) may still 

produce a hazardous effect that, when 

initiated, is not confined to a package. 

Initiation or ignition as a result of fire, 

after the package is degraded, may 

produce different results from 

functioning with the intended means of 

ignition or initiation. Knowledge of the 

behavior of the article or substance in 

both cases is needed to allow proper 

classification. 

As discussed in the comment 

summary in response to the NPRM, 

PHMSA is requiring the Type 6(d) test 

as prescribed in Section 16.7 of the fifth 

revised edition of the UN Manual of 

Tests and Criteria in the new special 

provision 347. For affected articles 

intended for transportation by aircraft, 


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the compliance date of this new 

requirement is July 1, 2011. If a 

manufacturer or approval holder of 

affected articles previously classed and 

approved as Division 1.4S chooses to 

continue offering such shipments as 

Division 1.4S material by aircraft, the 

articles must be successfully tested 

under Test Series 6(d) and a new 

approval obtained from PHMSA. 

Additionally, a previously classed and 

approved Division 1.4S article that is 

not successfully tested under Test Series 

6(d) must be assigned to a compatibility 

group other than S (e.g., B, C, or D) prior 

to being transported by aircraft. Based 

on knowledge that an article or 

substance will not pass the Type 6(d) 

test, a manufacturer or approval holder 

may choose to have a previously 

approved Division 1.4S explosive 

reassigned to a different compatibility 

group based on existing data and 

recommendation by a PHMSA-approved 

explosives testing and examination 

facility in lieu of conducting the Type 

6(d) test. For new Division 1.4S articles 

approved prior to January 1, 2012 

intended for domestic highway or rail 

transportation only, the compliance date 

for testing to maintain Division 1.4S 

classification or reassignment to a 

higher compatibility group other than S 

is January 1, 2014. For international 

highway, rail and vessel transportation 

and domestic vessel transportation, the 

compliance date for Type 6(d) testing or 

reassignment for new and previously 

produced affected articles is January 1, 

2012. 

A new special provision 349 is added 

and assigned to ‘‘Hypochlorites, 

inorganic, n.o.s., UN3212’’ to specify 

that transport of mixtures of 

hypochlorite and an ammonium salt is 

forbidden. 

A new special provision 350 is added 

and assigned to ‘‘Bromates, inorganic, 

n.o.s., UN1450’’ and ‘‘Bromates, 

inorganic, aqueous solution, n.o.s., 

UN3213’’ to specify that transport of 

ammonium bromate and its aqueous 

solutions and mixtures of a bromate and 

an ammonium salt is forbidden. 

A new special provision 351 is added 

and assigned to ‘‘Chlorates, inorganic, 

n.o.s., UN1461’’ and ‘‘Chlorates, 

inorganic, aqueous solution, n.o.s., 

UN3210’’ to specify that transport of 

ammonium chlorate and its aqueous 

solutions and mixtures of a chlorate and 

an ammonium salt is forbidden. 

A new special provision 352 is added 

and assigned to ‘‘Chlorites, inorganic, 

n.o.s., UN1462’’ to specify that transport 

of ammonium chlorite and its aqueous 

solutions and mixtures of a chlorite and 

an ammonium salt is forbidden. 

A new special provision 353 is added 

and assigned to ‘‘Permanganates, 

inorganic, n.o.s., UN1482’’ and 

‘‘Permanganates, inorganic, aqueous 

solution, n.o.s., UN3214’’ to specify that 

transport of ammonium permanganate 

and its aqueous solutions and mixtures 

of a permanganate and an ammonium 

salt is forbidden. 

A new special provision 357 is added 

and assigned to the entry ‘‘Petroleum 

crude oil, UN1267’’ to clarify that when 

transported internationally, petroleum 

crude oil containing hydrogen sulfide in 

sufficient concentration that vapors 

evolved from the crude oil can present 

an inhalation hazard must be 

transported under the entry ‘‘Petroleum 

sour crude oil, flammable, toxic, 

UN3494.’’ As discussed in detail in 

response to comments submitted to the 

ANPRM, for domestic transportation, 

use of the toxic description is not 

required; however, a bulk package is 

required to be marked in accordance 

with the requirement of new § 172.327 

of the HMR. See Section 173.327 for a 

discussion of the marking requirement. 

In the August 2010 NPRM, PHMSA 

proposed to revise special provision 

A59 for consistency with amendments 

made to special provision A131 of the 

2011–2012 ICAO Technical 

Instructions. Special provision A59 

allows sterilization devices containing 

ethylene oxide to be offered for 

transportation and transported by air 

under the excepted quantity provisions 

of § 173.4a of the HMR. One commenter 

(Andersen) supported the amendments 

to A59 but noted that the special 

provision originally appearing in the 

ICAO Technical Instructions (as special 

provision A131) applicable to air 

transport has been adopted in the UN 

Model Regulations as special provision 

342 for use by other modes of transport. 

Additionally, special provision 342 is 

also to be incorporated into the IMDG 

Code. The commenter questioned the 

appropriateness of adopting an ‘‘A’’ 

prefix special provision which limits 

the special provision, to air transport 

only. Andersen stated: 

In the preamble to the [NPRM], on page 

53085, PHMSA observes that ‘‘Special 

provision A59 allows for sterilization devices 

containing ethylene oxide to be offered for 

transportation and transported by air (and 

thereby all modes) under the excepted 

quantity provisions of § 173.4a’’ (emphasis 

added) * * * notwithstanding PHMSA’s 

statement in regard to the multi-modal 

applicability of this special provision, it is 

not at all clear from the wording of 

§ 172.102(c)(2) [A59] * * * that this special 

provision extends to all modes of transport. 

The commenter suggested that, in 

order to achieve complete 

harmonization and for greater clarity of 

the applicability of the special 

provision, PHMSA revise the 

applicability of the special provision to 

all modes and not restrict the special 

provision to air transport through the 

use of the ‘‘A’’ prefix as currently 

implemented. 

We agree. Therefore, in this final rule 

we are deleting Special provision A59 

and adopting new Special provision 342 

which applies conditions for 

transportation of sterilization devices 

containing ethylene oxide to all modes 

of transportation. 

A new Special provision A112 is 

added authorizing the transportation of 

certain IBCs by passenger and cargoonly aircraft that contain up to a 

maximum net quantity of 1,000 kg of an 

‘‘Environmentally hazardous substance, 

solid, n.o.s. UN3077.’’ This amendment 

is consistent with the authorization in 

the 2011–2012 ICAO Technical 

Instructions. 

In paragraph (c)(4), the Table 1 (IBC 

Codes) are editorially revised to remove 

UN Specifications 31A, 31B and 31N 

from IBC Codes IB4, IB5, IB6, IB7, and 

IB8. This revision is consistent with 

amendments to international standards 

and removes the specifications from the 

indicated codes in the table because IBC 

Codes IB4 through IB8 are assigned to 

solids, whereas, UN Specifications 31A, 

31B, and 31N are authorized for 

transportation of liquids in IBC Codes 

IB1 through IB3 which are assigned to 

liquid materials only. 

Paragraph (c)(7) outlines provisions 

that apply to the transportation of 

hazardous materials in UN portable 

tanks. Two commenters (DGAC, PSA) 

requested that PHMSA revise 

§ 172.102(c)(7) to allow shipment of 

solid materials in certain portable tanks 

using bottom outlets. PSA stated: 

At the recommendation of the United 

States, new provisions governing the use of 

bottom outlets on portable tanks were 

adopted in the [UN] Model Regulations 

* * * However, the United States does not 

follow its own recommendation in the 

Proposed Rule * * * To date * * * the 

HMRs flatly prohibit the use of bottom 

outlets for solids referenced in the American 

proposal to the U.N. In the Table of Portable 

Tank T Codes T1–22, which appears in 49 

C.F.R. § 172.102(c)(7), instructions T9 and 

T21 indicate ‘‘prohibited’’ in the column 

designated ‘‘bottom outlet requirements.’’ The 

text of § 172.101(c)(7)(ii) explains that the 

word ‘‘prohibited’’ in that column of the 

Table ‘‘means bottom openings are 

prohibited.’’ In the Proposed Rule, and 

without explanation, the agency did not 

propose to adopt its own bottom outlet 

provision. 

In the interest of harmonization with 

specific regard to the January 1, 2011 


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effective date for international 

regulations, the commenters urged 

PHMSA to adopt the provisions we 

successfully persuaded international 

organizations to adopt. 

We agree. In the paper submitted to 

the UN Sub-Committee of Experts 

(UNSCOE) on the Transport of 

Dangerous Goods (see UN document 

ST/SG/AC.10/C.3/2007/24 available at 

http://www.unece.org/trans/main/dgdb/ 

dgsubc/c32007.html), the U.S. 

successfully persuaded UNSCOE to 

adopt provisions authorizing the use of 

bottom outlets on portable tanks used to 

transport PG I solid material on the 

basis that (1) transport of these materials 

in portable tanks without bottom 

openings is impractical and it is 

virtually impossible to unload the 

material from the portable tank through 

top openings; and (2) there is no 

compelling safety reason to prohibit 

bottom openings in portable tanks 

suitable for such material when the 

authorized portable tanks afford a level 

of safety in transport substantially 

greater than that afforded by other 

packagings authorized for the material 

(e.g., UN1A2 removable head steel 

drums). Although PHMSA did not 

propose this amendment in the August 

2010 NPRM, based on comments 

received and the relief provided to 

industry by authorizing an alternative 

method of unloading PG I solid material 

without a reduction in packaging safety, 

in this final rule we are revising 

§ 172.101(c)(7) by revising T Codes T9 

and T21 to prohibit bottom openings for 

liquid only and specify applicable 

requirements for the bottom openings. 

The revision includes adding clarifying 

language to § 172.101(c)(7)(ii) to specify 

the meaning of ‘‘prohibited’’ for liquids 

in the appropriate context. With regard 

to PSA’s suggested revised regulatory 

text, we do not believe it is necessary to 

add language specifying that the bottom 

outlets must conform to 6.7.2.6.2 of the 

UN Model Regulations (bottom opening 

requirements for portable tanks used for 

solid material) because these provisions 

are dealt with under § 178.275(d)(2), 

which we are referencing in the revised 

entries for portable tank T Codes T9 and 

T22. 

A new portable tank special provision 

TP36 is added authorizing the use of 

fusible elements in the vapor space of 

portable tanks with a gauge test pressure 

that exceeds 265 kPa (38.4 psig/2.65 

bar). See Section 178.275 for a detailed 

discussion. See Section 172.101 

Hazardous Materials Table for a listing 

of materials assigned this special 

provision. 

A new special provision W1 is added 

indicating that the hazardous materials 

‘‘Potassium nitrate, UN1486,’’ ‘‘Sodium 

nitrate, UN1498,’’ and ‘‘Sodium nitrate 

and Potassium nitrate mixtures, 

UN1499’’ are not subject to the HMR 

when transported by vessel in nonfriable prills or granules form. The 

material must be accompanied by a 

certificate from an accredited laboratory 

stating that the product has been 

properly sampled and tested by the 

laboratory according to the UN Manual 

of Tests and Criteria. 

Section 172.200 

Section 172.200 prescribes the 

applicability of shipping paper 

requirements for the transportation of 

hazardous materials. Paragraph (b)(3) is 

revised to remove the exceptions for 

ORM–D material in conformance with 

the changes made to the limited 

quantities requirements under this final 

rule. 

Section 172.203 

Section 172.203 specifies additional 

hazardous materials description 

requirements on shipping papers. 

Paragraph (b) is revised to indicate that 

when a shipping paper is required, a 

limited quantity must be indicated as 

such. This revision is necessary due to 

the shipping paper exception adopted in 

this final rule for limited quantities 

intended for transportation by highway 

or rail. 

Section 172.300 

Section 172.300 prescribes the 

applicability of the HMR marking 

requirements incorporated in subpart D 

of Part 172. Paragraph (l)(1)(ii) of 

§ 172.101 authorizes up to a one-year 

transition period for continued use of 

stock of pre-printed packaging marked 

with proper shipping names revised in 

the HMT under a rulemaking. 

Consistent with the transition period 

authorized in § 172.101(l)(1)(ii), in this 

final rule we are amending § 172.300 of 

the HMR to authorize the continued use 

of stock of preprinted packaging for one 

year from the date of compliance or 

until depleted (whichever is less) for a 

revision to a required marking. This 

amendment allows the continued use of 

preprinted packaging stock that is 

marked in accordance with the manner 

previously authorized. 

Section 172.301 

Section 172.301 prescribes general 

marking requirements for non-bulk 

packagings. In this final rule, PHMSA is 

amending paragraph (a) to clarify that a 

proper shipping name and identification 

number is not required to be marked on 

package containing only limited 

quantity material marked in accordance 

with § 172.315(a). Additionally, it is 

amended by adding that until January 1, 

2014 (January 1, 2013 if intended for 

transportation by aircraft), an 

identification number is not required to 

be marked on package containing only 

a Consumer commodity, ORM–D or 

ORM–D–AIR material, as defined in 

§ 171.8 of this subchapter in effect on 

October 1, 2010, provided the package 

is marked in accordance with § 172.316. 

Section 172.312 

Section 172.312 prescribes the 

required orientation markings for nonbulk packages containing liquids. 

PHMSA is amending paragraph (c)(5) to 

clarify that the exception applies only to 

a hermetically sealed inner packaging or 

receptacle not exceeding 500 mL each. 

Section 172.315 

Section 172.315 specifies the 

markings required on a package 

containing limited quantities of 

hazardous materials. These new 

markings are consistent with the UN 

Model Regulations, ICAO TI and IMDG 

Code and are required on packages of 

limited quantities offered for 

transportation by highway, rail, air and 

vessel. Additionally, PHMSA received 

positive comments submitted in 

response to the ANPRM concerning the 

new marking because the requirement 

specifies minimum dimensions on each 

side (100 mm) that substantially 

increases the visibility of the marking 

when compared with the current ORM– 

D marking prescribed in § 172.316 of the 

HMR. Commenters stated that increased 

visibility of the mark will enhance 

safety while reducing regulatory burden. 

For limited quantities intended for 

transportation by vessel, this new 

marking with minimum dimensions of 

250 mm on each side is required on 

cargo transport units containing limited 

quantities and no other hazardous 

materials. For limited quantities 

intended for transportation by aircraft, 

the marking requirements are consistent 

with the 2011–2012 ICAO TI (i.e., ‘‘Y’’ 

mark on a white square on point) in 

addition to any required labels. 

Section 172.316 

Section 172.316 prescribes marking 

requirements for packages containing 

materials classed as ORM–D and ORM– 

D–AIR. The marking prescribed in this 

section will no longer be authorized for 

limited quantities effective January 1, 

2014. 

Section 172.322 

Section 172.322 prescribes marking 

requirements for packages containing 

marine pollutants. PHMSA is adding an 


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exception from the marking requirement 

in new paragraph (d)(4) for packages of 

limited quantities marked in accordance 

with § 172.315. 

Section 172.324 

Section 172.324 prescribes marking 

requirements for packages containing 

hazardous substances in non-bulk 

packagings. PHMSA is revising 

paragraph (b) for packages containing 

hazardous substances marked in 

accordance with the limited quantity 

marking prescribed in § 172.315. 

Section 172.326 

Section 172.326 prescribes the 

marking requirements for portable 

tanks. In this final rule, we are revising 

paragraph (a) to align with the IMDG 

Code the minimum height for a proper 

shipping name marked on a portable 

tank to 65 mm when offered for 

transportation and transported by 

vessel. This amendment is in response 

to a revision made in Amendment 35– 

10 of the IMDG Code. 

One commenter (Arkema) requests 

that we allow a one year transition 

period from the publication of the final 

rule to allow for depletion of label 

inventory and/or restenciling of portable 

tanks. We agree that there should be a 

transition period and note that, in this 

final rule, we are implementing a 

delayed compliance date of January 1, 

2012, which is one year from the 

effective date of the rule, unless 

otherwise specified in provisions 

adopted or revised in this final rule. 

Section 172.327 

New section 172.327 specifies the 

marking required for a bulk packaging 

containing petroleum crude oil to warn 

of the potential toxic inhalation hazard 

from vapors evolved from hydrogen 

sulfide present in the crude oil. PHMSA 

proposed to require placement of the 

marking used for toxic materials under 

the Globally Harmonized System of 

Classification and Labeling of Chemicals 

(GHS) in the immediate vicinity of any 

location on a bulk packaging that could 

pose a health risk to transportation 

workers if exposed to hydrogen sulfide 

vapors emitted from that location, such 

as loading heads and manholes. This 

proposed hazard communication 

marking requirement is applicable to 

bulk packagings in domestic 

transportation only. The new hazardous 

materials description for ‘‘Petroleum 

sour crude oil, flammable, toxic, 

UN3494’’ added to the HMT must be 

used for international transportation of 

petroleum crude oil with hydrogen 

sulfide in sufficient concentration that 

vapors evolved from the crude oil 

present an inhalation hazard (for both 

bulk and non-bulk packagings). 

One commenter (AAR) expressed 

concern that this new marking 

requirement would place an undue 

burden on rail carriers with regard to 

inspection requirements under § 174.9 

of the HMR. The commenter had 

concerns regarding the safety of rail 

carrier employees having to climb tank 

cars to determine whether markings are 

present or correct. AAR stated: 

[We] we would not oppose the proposed 

marking if it were made clear that railroads 

have no obligation to inspect for markings. 

Accordingly, [we suggest] amending 

[§ 173.127 to indicate] carrier personnel are 

not required to inspect for markings that 

would not be visible or legible from the 

ground. 

We agree, although we do not believe 

a regulatory revision is warranted. 

Section 174.9 requires a rail carrier to 

inspect each rail car containing a 

hazardous material, at ground level, for 

required markings, labels, and placards, 

etc. This requirement already limits the 

inspection to ground level and 

predisposes the carrier from having to 

climb onto a rail car to inspect for 

hazard communications. As indicated in 

the comments by AAR, the intent of this 

marking is to alert hazmat employees 

who may be exposed to hydrogen 

sulfide vapors during a loading or 

unloading operation to a potential 

hazard and not to communicate the 

hazard for emergency response 

purposes. Thus, carriers will not be 

obligated to inspect for markings placed 

in the vicinity of tank car openings on 

a rail car that are not readily visible or 

legible from ground level. 

Based on comments received, we are 

revising our proposed requirements to 

authorize an alternative marking to the 

GHS toxic material pictogram. See the 

Sections II.C and III.A.7 discussion of 

the classification of petroleum sour 

crude oil. 

Section 172.500 

Section 172.500 specifies the 

applicability of placarding requirements 

to certain materials. PHMSA is 

amending paragraph (b)(3) to clarify that 

limited quantities marked in accordance 

with revised § 172.315 of the HMR are 

not subject to placarding requirements. 

Section 172.502 

Section 172.502 specifies prohibited 

and permissive placarding 

requirements. In this final rule, PHMSA 

is revising the exceptions provided in 

paragraph (b)(2) to include the 

petroleum sour crude oil marking and 

the limited quantity marking in 

§§ 172.315 and 172.327 of the HMR, 

respectively. 

Part 173 

Section 173.4 

Section 173.4 prescribes the 

requirements for small quantities of 

hazardous materials offered for 

transportation and transported by 

domestic highway or rail. PHMSA is 

revising paragraph (a) and adding new 

paragraph (a)(1)(v) to allow Division 2.2 

(non-flammable, non-poisonous, 

compressed gas) material without a 

subsidiary hazard (except for aerosols) 

without applying for an approval from 

the Associate Administrator as 

prescribed under paragraph (c) of this 

section. Other Class 2 materials, 

including Division 2.2 aerosols, will 

still require approval under § 173.4(c) of 

the HMR. These amendments are 

consistent with the authorization under 

§ 173.4a(b)(1) for Division 2.2 gases 

without a subsidiary hazard in addition 

to the new restriction to exclude 

aerosols from authorized materials in 

§ 173.4a of the HMR. See Section 173.4a 

for a discussion of revisions for 

excepted quantities of hazardous 

materials. 

Section 173.4a 

Section 173.4a prescribes the 

requirements for excepted quantities of 

hazardous materials offered for 

transportation and transported by all 

modes, domestic or international. 

PHMSA is amending paragraph (a) by 

adding a new paragraph (a)(4) regarding 

pressure differential capability for 

packages intended for transportation by 

aircraft in accordance with § 173.27(c) 

of the HMR. PHMSA is also amending 

paragraph (b)(1) to clarify that the 

authorization for Division 2.2 (nonflammable, non-poisonous, compressed 

gas) excludes aerosols as an excepted 

quantity material. Such articles are 

authorized as a limited quantity under 

both domestic and international 

standards. Additionally, PHMSA is 

revising paragraph (b)(5) to add 

polyester resin kits to the types of 

Division 5.2 (organic peroxide) material 

authorized as an excepted quantity and 

is revising paragraph (d)(3) by correcting 

the outer packaging aggregate quantity 

limit for Division 5.2 liquids from 250 

mL to 500 mL. Lastly, PHMSA is adding 

a new paragraph (g)(3) that requires 

when packages of excepted quantities 

(see the Section 173.25 discussion) are 

contained in an overpack, and the 

package markings required by this 

section are not visible inside the 

overpack, the excepted quantities 

marking must also be placed on the 


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overpack. Additionally, an overpack 

containing packages of excepted 

quantities is not required to be marked 

with the word ‘‘OVERPACK.’’ 

Section 173.4b 

Section 173.4b prescribes the 

requirements for de minimis quantities 

of hazardous materials offered for 

transportation and transported by all 

modes, domestic or international. 

Consistent with the international 

standards, PHMSA is adding a new 

paragraph (b) to except non-infectious 

specimens (e.g., museum specimens) 

preserved with small amounts of certain 

Class 3 (flammable liquid) materials for 

scientific purposes from the 

requirements of the HMR. This 

amendment is consistent with previous 

interpretations we have issued on this 

matter indicating these specimens do 

not pose a risk to safety during the 

course of transportations. 

One commenter (AVMA) expressed 

support for the adoption of this 

exception as essential to the conduct of 

professional work of veterinarians. 

Therefore, in this final rule, we are 

adopting the exception from full 

regulation under the HMR for noninfectious specimens preserved with 

small amounts of certain Class 3 

(flammable liquid) material for scientific 

purposes. 

Section 173.25 

Section 173.25 prescribes the 

requirements for certain authorized 

packagings and overpacks. Consistent 

with the international standards, 

PHMSA is requiring an overpack 

containing packages of limited quantity 

material marked with the new limited 

quantities marking required by this final 

rule (see the Section 172.315 

discussion) to be marked with the word 

‘‘OVERPACK’’ if the markings are not 

visible, in addition to all other required 

package markings. This mark is an 

indication that the packages contained 

within the overpack are in accordance 

with the HMR. Additionally, for 

excepted quantities (see the Section 

173.4a discussion) where the required 

package markings are not visible inside 

an overpack, the excepted quantities 

marking must also be placed on the 

overpack. An overpack containing 

packages of excepted quantities is not 

required to be marked with the word 

‘‘OVERPACK.’’ 

Section 173.27 

Section 173.27 prescribes the general 

requirements for packaging offered or 

intended for air transportation. In this 

final rule, PHMSA is amending 

paragraph (f) by adding a new Table 3 

that outlines the requirements for 

limited quantities intended for air 

transportation consistent with the 2011– 

2012 ICAO Technical Instructions, 

where appropriate. See the limited 

quantity, consumer commodity and 

ICAO Technical Instructions alignment 

NPRM comment discussion in Section 

III.A.5 of this rule. 

Section 173.40 

Section 173.40 specifies the general 

packaging requirements for toxic 

materials packaged in cylinders. 

PHMSA is amending paragraph (c)(1) 

concerning closure requirements by 

requiring the valve connections on UN 

Specification cylinders to be made by a 

taper thread or some other means in 

accordance with ISO Standard 10692– 

2:2001. 

Section 173.58 

Section 173.58 outlines the 

assignment of class and division for new 

explosives. Based on a recommendation 

from comments provided by IME, we 

are revising paragraph (a)(5) to include 

a reference to the Type 6(d) test for 

determination of Division 1.4S 

classification for consistency with the 

adoption of the new test. 

Section 173.59 

Section 173.59 provides definitions of 

explosive terms that are intended for 

information only. The UN Committee of 

Experts (COE) recently defined the term 

‘‘phlegmatized’’ to meaning the addition 

of a substance to an explosive to 

enhance its safety in handling and 

transport. One commenter indicated 

support for adoption of the proposed 

definition of ‘‘phlegmatized,’’ therefore, 

in this final rule PHMSA is adopting the 

definition in the HMR as proposed. 

Section 173.63 

Section 173.63 specifies packaging 

exceptions for limited quantities of 

certain Division 1.4S explosive articles 

authorized for reclassification and 

transport as ORM–D material. Prior to 

offering for transportation by aircraft, 

‘‘Cartridges, power devices, ORM–D– 

AIR’’ (UN0323), must have been 

successfully tested in accordance with 

the new UN Test Series Type 6(d) test 

beginning July 1, 2011. See the Section 

172.102, Special Provision 347 

discussion. This requirement is a 

condition for the continuation of a 

Division 1.4S classification and for 

reclassification to ORM–D for limited 

quantities of such articles intended for 

transportation by international highway, 

rail and vessel and domestic vessel 

effective January 1, 2012. Limited 

quantities of such articles approved as 

Division 1.4S prior to January 1, 2012, 

may continue to be reclassed as ORM– 

D and offered for domestic highway and 

rail transportation only until January 1, 

2014. 

Section 173.120 

Section 173.120 defines Class 3 

(flammable liquid) material. PHMSA is 

revising paragraph (c) to add new 

testing methods for determining the 

flash point of a liquid. See Section 171.7 

for a listing of materials incorporated by 

reference pertaining to § 173.120. 

Section 173.121 

Section 173.121 prescribes the 

packing group assignment for flammable 

liquids. The HMR do not specify a test 

method for determining the boiling 

point of a liquid which may be 

necessary for liquids with very low flash 

points. PHMSA is revising paragraph (a) 

to add new testing methods for 

determining the boiling point of a 

liquid. See Section 171.7 for a listing of 

materials incorporated by reference 

pertaining to § 173.121. 

Section 173.124 

Section 173.124 defines Class 4 

material. For consistency with a 

revision adopted in the UN Model 

Regulations, PHMSA is amending the 

definition of ‘‘self-heating’’ in 

§ 173.124(b)(2) of the HMR to read: 

‘‘Self-heating of a substance is a process 

where the gradual reaction of that 

substance with oxygen (in air) generates 

heat. If the rate of heat production 

exceeds the rate of heat loss, then the 

temperature of the substance will rise 

which, after an induction time, may 

lead to self-ignition and combustion.’’ 

Section 173.137 

Section 173.137 establishes test 

criteria and packing group assignments 

for Class 8 (corrosive) material. Since 

1993, PHMSA has authorized under the 

terms of a special permit (i.e., DOT–SP 

10904) an in vitro test method (available 

commercially as Corrositex®) as an 

alternative form of testing to that 

specified in the HMR, which is based on 

live animal test results, to determine the 

corrosivity of certain materials. 

Materials authorized for analysis using 

the alternative test method include 

acids (and their derivatives), acyl 

halides, alkylamines and 

polyalkylamines, bases, chlorosilanes, 

metal halides, and oxyhalides. 

The UN COE recently recognized and 

adopted in vitro test methods in the UN 

Model Regulations as an alternative 

form of testing to that specified in OECD 

Guideline for Testing of Chemicals, 

Number 404, ‘‘Acute Dermal Irritation/ 


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Corrosion.’’ The following alternative in 

vitro test methods include OECD 

Guidelines for the Testing of Chemicals: 

• No. 430, ‘‘In Vitro Skin Corrosion: 

Transcutaneous Electrical Resistance 

Test (TER)’’ (2004); 

• No. 431, ‘‘In Vitro Skin Corrosion: 

Human Skin Model Test’’ (2004); and 

• No. 435, ‘‘In Vitro Membrane Barrier 

Test Method for Skin Corrosion’’ (2006). 

A positive test result under in vitro 

methods 430 and 431 may be used to 

determine corrosivity for transportation 

purposes but cannot be used to 

determine the PG assignment. A 

negative result for corrosivity under in 

vitro methods 430 and 431 can preclude 

further testing to determine PG 

assignment using method 404, the 

current OECD Guideline involving in 

vivo testing, or method 435, the newly 

adopted OECD Guideline involving in 

vitro testing. 

Based on the adoption of three new 

OECD guidelines for the in vitro testing 

of materials for corrosivity in the UN 

Model Regulations and through 

encouragement from PETA to adopt 

these new test methods in a petition for 

rulemaking (P–1550), we proposed to 

adopt such guidelines as matter 

incorporated by reference (IBR) in 

§§ 171.7 and 173.137 of the HMR. 

In response to our proposal to 

incorporate several in vitro test methods 

for determination of corrosivity, 

PHMSA has received over 900 

comments supporting the proposal, 

including a comment from PETA. We 

received no opposition. Therefore, we 

are adopting the OECD Guideline Test 

Nos. 430, 431, and 435, and revising 

Test No. 404 as proposed. Further, 

PETA urged PHMSA to facilitate access 

to DOT–SP 10904 through our Web site 

until such a time that this final rule 

becomes effective, and requested that 

PHMSA remove letters of interpretation 

that they believe recommend the use of 

in vivo testing even though alternative 

in vitro testing is available. 

With regard to PETA’s additional 

requests, they are beyond the scope of 

this rulemaking. However, we note that 

in prior correspondence with PETA, 

PHMSA has indicated that information 

about DOT–SP 10904 can be obtained 

by entering ‘‘Corrositex’’ in the search 

feature of the PHMSA Office of Hazmat 

Safety Web site. Also, the special permit 

may be accessed by entering ‘‘10904’’ in 

the search feature on our special permits 

Web site or by conducting a group 

number search. 

We agree with PETA that non-live 

animal testing should be used where 

available and encourage shippers to use 

the in vitro test methods to determine 

the classification of a material as 

corrosive and assignment of a packing 

group. We also remind shippers that 

historical data may also be used to 

classify a material in accordance with 

§ 173.136(c). Thus, in this final rule we 

are revising § 173.136(a) to codify the 

authorization to use in vitro test 

methods and to highlight the 

availability of classifying a material 

based on historical data. 

Sections 173.150, 173.151, 173.152, 

173.153, 173.154 and 173.155 

Sections 173.150 through 173.155 

prescribe the exceptions for certain 

Class 3, 8 and 9 and Division 4.1, 4.2, 

4.3, 5.1, 5.2, 6.1 hazardous materials 

under the HMR. In this final rule, 

PHMSA is revising each of these 

sections to recognize the UN Model 

Regulations and IMDG Code package 

quantity limits for the highway, rail, and 

vessel transportation of limited 

quantities. No limited quantity limits 

decrease and two increase slightly to 

maintain alignment with the 

international standards for transport by 

other than aircraft. Additionally, the 

packaging provisions for ‘‘Polyester 

resin kits’’ are removed from § 173.152, 

as proposed, and placed in new 

§ 173.165 for clarity. 

When PHMSA lowered the quantity 

limits for Division 6.1 (poisonous) 

materials of PG II (primary or 

subsidiary) authorized as a limited 

quantity in a final rule published under 

Docket HM–215G (70 FR 34065, June 

13, 2005), it did not authorize the 

labeling exception for such packages 

when intended for transportation by 

highway, rail and vessel, nor did it 

authorize renaming and reclassification 

as ‘‘Consumer commodity, ORM–D’’ for 

such materials. In this final rule, except 

for transportation by aircraft, we are 

authorizing the labeling exception for 

packages of limited quantity material 

with a Division 6.1, PG II primary or 

subsidiary hazard and, until December 

31, 2013, we are authorizing renaming 

and reclassification as ‘‘Consumer 

commodity, ORM–D’’. Additionally, 

until December 31, 2012, a consumer 

commodity as defined in § 171.8 in 

effect on October 1, 2010 may continue 

to be packaged, reclassed and marked 

‘‘ORM–D–AIR’’ either in accordance 

with the new Table 3 of § 173.27(f) or 

§§ 173.150 through 173.155 and 

173.306, as applicable. PHMSA fully 

believes this eventual alignment with 

international standards will improve 

clarity, promote regulatory compliance, 

reduce employee training costs and 

enhance safety overall. 

Section 173.161 

Section 173.161 prescribes packaging 

requirements for chemical kits and first 

aid kits containing small amounts of 

hazardous materials. In this final rule, 

PHMSA is editorially revising the 

section. In addition, PHMSA is 

authorizing transport of dry ice in 

accordance with § 173.217 in packaging 

authorized under this section when 

used as a refrigerant for the contents of 

a kit. 

Section 173.165 

A new section 173.165 is added to 

prescribe packaging and other 

requirements for ‘‘Polyester resin kits, 

UN3269’’ formerly contained in 

§ 172.102, special provision 40 and 

§ 173.152(b)(4) of the HMR. This 

amendment is intended to provide 

clarification of existing requirements 

while also harmonizing the HMR with 

international standards. 

Section 173.167 

A new section 173.167 is added to 

indicate authorized materials and 

quantity limits for articles and 

substances that may be described as 

‘‘ID8000, Consumer commodity,’’ when 

intended for transportation by all modes 

of transport provided all or some of the 

transportation is by aircraft. Such 

articles and substances eligible for 

classification or reclassification to Class 

9 are Class 2 materials (non-toxic 

aerosols only), Class 3 materials 

(Packing Group II and III only), Division 

6.1 (Packing Group III only), UN/ 

NA3077, UN/NA3082, and UN3175, 

provided such materials do not have a 

subsidiary risk and are authorized 

aboard a passenger-carrying aircraft. 

Inner and outer packaging quantity 

limits are based on Packing Instruction 

Y963 of the 2011–2012 ICAO TI. 

Specification outer packagings are not 

required under the conditions 

prescribed in this section. Additionally, 

the pressure differential capability of 

the inner packagings of a combination 

packaging intended to contain liquids is 

reduced from 95 kPa to 75 kPa for 

materials offered for transportation and 

transported by aircraft under the 

provisions of this section. 

Section 173.220 

Section 173.220 provides exceptions 

from regulation under the HMR for the 

transport of internal combustion 

engines, self-propelled vehicles, 

mechanical equipment containing 

internal combustion engines, and 

battery-powered vehicles or equipment. 

This section is revised to include 

engines, vehicles, and equipment 

powered by fuel cells consistent with 


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similar provisions under international 

standards. 

Section 173.225 

Section 173.225 specifies packaging 

requirements and other provisions for 

organic peroxides. When the § 172.101 

HMT specifies this section, the organic 

peroxide must be packaged and offered 

for transportation in accordance with 

the provisions of this section. Each 

packaging must also conform to the 

general requirements of Subpart B of 

Part 173 and to the applicable 

requirements of Part 178 of the HMR. 

Specifically, organic peroxides that 

require temperature control are subject 

to § 173.21(f). When an IBC or bulk 

packaging is authorized and meets the 

requirements of paragraph (f) or (h) of 

§ 173.225, respectively, lower control 

temperatures than those specified for 

non-bulk packaging may be required. 

An organic peroxide not identified in 

paragraph (c), (e), or (g) of § 173.225 by 

technical name, or not assigned to a 

generic type in accordance with 

paragraph (b)(3) of this section, must 

conform to the requirements in 

paragraph (c) of § 173.128. 

The Organic Peroxides Table specifies 

by technical name those organic 

peroxides that are authorized for 

transportation and not subject to the 

approval provisions of § 173.128. An 

organic peroxide identified by technical 

name is authorized for transportation 

only if it conforms to all applicable 

provisions of the table. In this final rule, 

PHMSA is amending the Organic 

Peroxide Table in § 173.225(c)(8) by 

adding a new entry and revising current 

entries. We are revising an entry to the 

Organic Peroxide IBC Table in 

paragraph (e) of this section. 

The following entries in the Organic 

Peroxide Table are being revised: 

UN3106 .............................. Di-(2-tert-butylperoxyisopropyl) benzene(s). 

Exempt ............................... Di-(2-tert-butylperoxyisopropyl) benzene(s). 

UN3105 .............................. 2,5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane. 

The following entry is added to the 

Organic Peroxide Table: 

UN3103 .............................. 2,5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane. 

One commenter (Arkema) requested 

that PHMSA provide a packing method 

exception for domestic transportation of 

greater than 90% concentrations of this 

material based on a history of safe 

transportation. The proposed revision to 

this entry changed the packing method 

for this material in concentrations of 

90–100% from OP7 to OP5, reducing 

the maximum quantity per package from 

60 L to 30 L per package. Arkema stated: 

[We ship] a 97% solution in 100 pound 

drums. Since August 2005 we have shipped 

[approximately] 1,800,000 pounds. We have 

had only one incident in the 5 year time 

period. This incident was the result of a 

pallet nail puncture. We suggest that a note 

be added to column (8) for domestic 

shipments [that] OP7 is authorized. 

We disagree. The UN Committee of 

Experts adopted the reclassification of 

90–100% concentrations of 2, 5– 

Dimethyl-2, 5-di-(tert-butylperoxy) 

hexane, which entails the more 

conservative packing method OP5, 

based on a proposal submitted by the 

German competent authority. Available 

industry test data from results on this 

material at concentrations greater than 

90% using the E1 Koenen test in the UN 

Manual of Tests and Criteria varies from 

1.5–2.0 mm. Based on differences in 

industry test results, the German 

competent authority conducted a 

number of E1 Koenen tests on various 

concentrations of 2, 5-Dimethyl-2, 5-di- 

(tert-butylperoxy) hexane exceeding 

90%. Their conclusion was that the 

limiting diameter is 2.0 mm at 

concentrations above 90%, and 

therefore, they proposed a 

reclassification from an ‘‘Organic 

Peroxide, Type D, liquid, UN3105’’ to an 

‘‘Organic Peroxide, Type C, liquid, 

UN3103’’ for 90–100% concentrations of 

2, 5–Dimethyl-2, 5-di-(tert-butylperoxy) 

hexane to the UNSCOE (see UN working 

document ST/SG/AC.10/C.3/2008/66 

available on the UNSCOE Web site). 

We applaud Arkema’s safe record of 

transportation using packing method 

OP7 for a greater than 90% 

concentration of material. However, 

based on data provided by the German 

competent authority indicating a more 

conservative classification, in this final 

rule, we are keeping this entry as 

proposed. We invite Arkema to submit 

test results for their 97% solution of 2, 

5-Dimethyl-2, 5-di-(tert-butylperoxy) 

hexane should the results indicate a 

classification that differs from the entry 

adopted in this final rule. 

The following entry in the Organic 

Peroxide IBC Table is being revised to 

authorize a 31H2 freestanding, rigid 

plastic IBC: 

UN3109 .............................. Peroxyacetic acid, stabilized, not more than 17%. 

Section 173.230 

Section 173.230 prescribes the 

requirements for fuel cells offered for 

transportation by all modes. In 

paragraph (g), PHMSA proposed to 

allow only those fuel cells containing 

flammable liquids and corrosive 

materials to be transported as a limited 

quantity by aircraft. In paragraph (h), 

PHMSA also proposed prohibiting the 

reclassification to ‘‘Consumer 

commodity, ORM–D–AIR’’ for 

transportation by aircraft. Several 

commenters (BIC, COSTHA, DGAC, 

IATA, LSI, Signa, Trulite, USFCC) 

expressed strong disapproval to not 

extending the limited quantity 

provisions to fuel cell cartridges 

containing either Division 2.1 

(flammable) gas or water-reactive solids. 

They noted that the only difference 

between authorizing and not 

authorizing these materials as limited 

quantities is the required use of UN 

specification packaging and that 

PHMSA offers no safety rationale for 

this exclusion as the fuel cell cartridges 

themselves are subject to much more 

stringent construction, testing, and 

packaging requirements than for similar 

articles (e.g., aerosols). 

We agree. In this final rule, based on 

comments received, we are authorizing 

the transportation of flammable gas and 

water-reactive solid fuel cell cartridges 

as limited quantities in addition to 

authorizing their transport as consumer 

commodities (except for transportation 


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by aircraft) if all conditions for limited 

quantity provisions are met. 

Section 173.301b 

Section 173.301b prescribes general 

requirements for shipment of UN 

pressure receptacles. PHMSA is revising 

paragraph (c)(2)(iii) to indicate that 

valve protection requirements for metal 

hydride storage systems are specified in 

ISO 16111. Additionally, we are 

revising paragraph (e) regarding the 

integrity of UN pressure receptacles 

used for pyrophoric gases or flammable 

mixtures of gases containing more than 

1% pyrophoric compounds in 

accordance with the sixteenth revised 

edition of the UN Model Regulations. 

Section 173.306 

Section 173.306 prescribes the 

requirements for limited quantities of 

compressed gases. PHMSA is revising 

paragraph (h) to clarify that, except for 

transportation by aircraft, lighter refills 

in the ORM–D hazard class are eligible 

for the exceptions in paragraph (i) of 

this section and in § 173.156. 

Additionally, PHMSA is revising 

paragraph (i) of the section to recognize 

the new marking for limited quantities 

of such materials and to provide a 

transitional period for the eventual 

elimination of the ORM–D hazard class. 

PHMSA is also editorially revising 

paragraph (l) for clarity. 

Section 173.307 

Section 173.307 establishes 

exceptions for compressed gases. In this 

final rule, PHMSA is adding certain 

types of light bulbs to the section 

provided they are packaged 

appropriately so that if a bulb ruptures 

all pieces are contained within the 

package. 

Section 173.311 

PHMSA is adding a new § 173.311 to 

prescribe the packaging requirements 

for ‘‘Metal hydride storage systems, 

UN3468’’ used for the transport of 

hydrogen as proposed. A metal hydride 

storage system is a single complete 

hydrogen storage system that includes a 

receptacle, metal hydride, a pressure 

relief device, a shut-off valve, service 

equipment and internal components. 

The HMR do not prescribe specific 

packaging or shipping methods for 

metal hydride storage systems 

containing hydrogen. However, PHMSA 

has issued a number of special permits 

to allow the use of these systems for 

transport. The UN Model Regulations, 

in new Packing Instruction P205, 

prescribe standards for the construction, 

qualification, marking and 

requalification of such systems and are 

the basis for the new HMR 

requirements. Some amendments in 

new § 173.311 include: 

• Application to transportable metal 

hydride storage systems with pressure 

receptacles not exceeding 150 liters in 

water capacity and having a maximum 

developed pressure not exceeding 25 

MPa. 

• Requirement that transportable 

metal hydride storage systems be 

designed, constructed, initially 

inspected and tested in accordance with 

ISO standard 16111:2008, 

‘‘Transportable gas storage devices— 

Hydrogen absorbed in reversible metal 

hydride,’’ as authorized under 

§ 178.71(f) (formerly reserved). 

• Requirement that steel pressure 

receptacles or composite pressure 

receptacles with steel liners be marked 

in accordance with § 173.301b(f) of the 

HMR, which specifies that a steel UN 

pressure receptacle bearing an ‘‘H’’ mark 

must be used for hydrogen bearing gases 

or other gases that may cause hydrogen 

embrittlement. 

• Requirement of a requalification 

interval of no more than five years as 

specified in § 180.207 of the HMR in 

accordance with the requalification 

procedures prescribed in ISO 16111. 

Section 173.322 

Section 173.322 prescribes various 

packaging methods for ethyl chloride. In 

this final rule, PHMSA is adopting the 

amended provisions from packaging 

instruction P200 of the UN Model 

Regulations for ethyl chloride in a new 

paragraph (e). This new packaging 

method authorizes ethyl chloride in 

capsules not exceeding 150 g of gas 

each, closed with a secondary means 

applied, and placed in a strong outer 

packaging not to exceed 75 kg gross 

mass. 

Part 175 

Section 175.8 

Section 175.8 provides exceptions 

from certain regulations for air carrier 

operator equipment and items of 

replacement. PHMSA is revising 

paragraph (b)(3) to clarify that 

transportation of alcoholic beverages, 

perfumes, colognes, and liquefied gas 

lighters carried aboard a passengercarrying aircraft by an operator must be 

for use or sale of those items on that 

specific aircraft. 

Two commenters (AA, COSTHA) 

requested that PHMSA align paragraph 

(b)(3) with the ICAO TI to permit 

onboard use of aerosols. COSTHA 

noted: 

A number of carriers currently are required 

to obtain a special permit to transport 

aerosols in Division 2.2, specifically for the 

dispensing of whipped cream or other food 

products * * * We believe if this list was 

amended by including ‘‘aerosols’’ this issue 

would be resolved. 

We agree. Therefore, in this final rule 

we are revising paragraph (b)(3) to 

authorize use of Division 2.2 aerosols to 

dispense food products. 

Section 175.9 

Section 175.9 prescribes the 

applicability of the HMR to special 

aircraft and rotocraft operations. This 

section also prescribes the conditions 

under which certain operations may be 

performed in accordance with 14 CFR 

and 49 CFR (e.g., avalanche and weather 

control). In this final rule, PHMSA is 

emphasizing that rotocraft operations 

are fully subject to both sets of 

regulations. 

One commenter suggested revising 

paragraph (b)(6) to provide clarity. IME 

stated: 

This suggested language is consistent with 

[§] 177.835(g), which addressed the identical 

compatibility issue between explosives and 

detonators that are transported on the same 

conveyance. In addition, use of the terms 

‘‘dynamite’’ and ‘‘blasting caps’’ without the 

additional reference to Division 1.1, 1.2, and 

1.3 material could lead to the unintentional 

misinterpretation or misapplication of the 

rule. 

We agree. Based on the comment 

provided, we are revising § 173.59(b)(6) 

to provide clarification. 

Section 175.10 

Section 175.10 specifies the 

conditions for which passengers, crew 

members or an operator may carry 

hazardous materials aboard an aircraft. 

PHMSA is adding a new paragraph 

(a)(17) to permit a mobility aid such as 

a wheelchair, containing a lithium ion 

battery, to be transported in accordance 

with the exceptions provided in this 

section. A wheelchair or other mobility 

aid that contains a lithium metal battery 

is not permitted aboard a passengercarrying aircraft. As a result of this 

amendment, current paragraph (a)(17) is 

redesignated as paragraph (a)(18) and 

current paragraph (a)(18) is redesignated 

as paragraph (a)(19). 

Three commenters (IATA, PRBA, 

Scoot) supported our proposal to add a 

new paragraph providing an exception 

for wheelchairs or other mobility aids 

containing a lithium ion battery, but 

requested that for consistency, we 

further align with the ICAO TI and 

accommodate carriage of these items by 

disabled passengers by allowing carriage 

in the aircraft cabin. For instance, Scoot 

shared: 

Our mobility scooter [is] designed to fold 

up and be stowed in the passenger cabin 


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* * *. They are often small enough to fit in 

the overhead bin. [T]he lithium-ion batteries 

are removed and hand-carried by the 

passenger in the same manner as * * * 

lithium-ion batteries used for consumer 

electronics. 

PRBA expressed disappointment that 

PHMSA did not address authorizing 

passenger transport of certain medical 

devices powered by lithium metal 

batteries in this final rulemaking. We 

recognize the need for persons with 

medical disabilities to be able to carry 

devices powered by lithium metal 

batteries aboard a passenger-carrying 

aircraft. However, such a provision will 

be addressed in a separate rulemaking. 

Paragraph (a)(19) is being revised to 

allow passengers and crew members to 

place certain spare fuel cell cartridges in 

checked baggage. This exception 

currently does not apply to Divisions 

2.1 or 4.3 materials contained in spare 

fuel cell cartridges. Although the ICAO 

TI only restricts spare fuel cell 

cartridges containing Division 4.3 liquid 

materials from checked baggage, 

PHMSA strongly believes that the 

restriction must also include spare 

cartridges containing Division 2.1 

materials. Thus, PHMSA proposed to 

allow spare fuel cell cartridges 

containing flammable and corrosive 

liquids in checked baggage while 

continuing to require spare fuel cell 

cartridges containing Division 2.1 and 

4.3 materials to be carried aboard an 

aircraft in carry-on baggage only. 

One commenter (ALPA) supported 

our position while several commenters 

(COSTHA, DGAC, IATA, JEMA, PRBA, 

TAEC, Trulite, USFCC) voiced strong 

opposition to our proposal to limit fuel 

cell cartridges permitted in checked 

baggage to those with flammable liquid 

or corrosive liquid fuels. As several 

commenters indicated, PHMSA did not 

provide data or analysis supporting the 

proposal, while tests performed at the 

FAA Technical Center on fuel cell 

cartridges containing flammable liquid 

material indicated that in the case of a 

fire involving these materials, the fire 

can be readily extinguished with current 

fire suppression systems onboard an 

aircraft. 

Because Division 2.1 flammable gases 

are generally prohibited in air 

transportation on a passenger-carrying 

aircraft as cargo and due to the 

questionable integrity of such articles 

when packed in a passenger’s checked 

baggage, PHMSA is adopting the 

prohibition in checked baggage of fuel 

cell cartridges containing Division 2.1 

flammable gases and Division 4.3 solid 

dangerous when wet materials as 

proposed. 

Section 175.25 

PHMSA currently requires operators 

to provide certain information to 

passengers regarding what hazardous 

materials they may check-in or carry-on 

a flight. Effective January 1, 2013, this 

information is to be provided at points 

of ticket sale and at automated or remote 

passenger check-in. Consistent with the 

ICAO TI, these amendments will require 

a passenger to acknowledge such 

limitations before a ticket purchase and 

automated or remote check-in can be 

finalized. PHMSA believes these 

amendments only clarify existing 

regulatory requirements in § 175.25 that 

have not been updated due to changing 

technologies used by air carriers to 

either sell tickets (Internet) or check-in 

passengers (automated kiosks). 

Additionally, these amendments 

provide air carriers greater flexibility in 

how the information they are required 

to provide passengers on hazardous 

materials is disseminated to them. 

Section 175.30 

Section 175.30 prescribes inspection 

procedures for operators. PHMSA is 

revising paragraph (e) regarding 

overpack marking requirements for 

packages of limited and excepted 

quantities offered for transportation by 

aircraft. 

Section 175.75 

Section 175.75 prescribes quantity 

limitations and cargo location 

requirements for hazardous materials 

transported by aircraft. PHMSA is 

revising paragraph (e) to correct an 

inadvertent cargo compartment 

restriction for passenger-authorized 

materials carried aboard a cargo-only 

aircraft published in a final rule under 

Docket HM–215J (74 FR 2267, January 

14, 2009). PHMSA is also revising 

paragraph (f) Quantity and Loading 

Tables for clarity. 

Several commenters (ALPA, 

COSTHA, PRBA, UPS) objected to our 

inclusion of limitations on the stowage 

of lithium batteries in § 175.75 of the 

HMR and strongly urged that the 

limitations be removed from this 

rulemaking and addressed in a separate 

lithium battery rulemaking such as HM– 

224F. We agree. All reference to lithium 

batteries in our revisions to § 175.75 are 

removed from this rulemaking. 

One commenter (UPS) fully supported 

our proposed clarification of the use of 

the Class C cargo compartment for 

shipments of material eligible for 

passenger aircraft under § 175.75(d); 

however, UPS did recommend an 

additional revision for clarity. 

Therefore, in this final rule we are 

revising paragraph (d) further to 

incorporate a second note into the table 

to clarify that for cargo-only aircraft, 

packages required to be loaded in a 

position considered accessible include 

those loaded into a Class C cargo 

compartment. 

Several commenters requested that 

PHMSA offer the same exception from 

the loading restrictions in § 175.75 for 

limited quantity packages as are 

currently authorized for Class 9 and 

ORM–D–AIR materials. We agree that 

such packages should be afforded the 

same exceptions from the loading 

restrictions of § 175.75 as ORM–D–AIR 

materials and are revising the section 

accordingly. 

Section 175.78 

Section 175.78 prescribes the stowage 

compatibility of hazardous materials 

offered for transportation by aircraft. 

PHMSA is revising paragraph (c)(4)(iii) 

to specify that, except as provided in 

paragraph (c)(4)(iv) of § 175.78, Division 

1.4B explosive materials may only be 

stowed together with Division 1.4S 

explosive materials. This revision is in 

accordance with an amendment made in 

the 2011–2012 ICAO Technical 

Instructions. 

Part 176 

Section 176.2 

Section 176.2 establishes definitions 

specific to the transportation of 

hazardous materials by vessel. PHMSA 

is revising the definition for ‘‘Cargo 

transport unit’’ to include a multipleelement gas container or MEGC. 

Section 176.63 

Section 176.63 sets forth and 

describes the basic physical 

requirements for authorized stowage 

locations of hazardous materials on 

board vessels. PHMSA is amending 

paragraph (f)(2) by removing reference 

to the specific year of SOLAS, Chapter 

II–2/Regulation 19 (i.e., 1974, as 

amended) for consistency with the 

manner in which IBR material is 

indicated throughout the HMR in 

outlying sections. 

Section 176.76 

Section 176.76 prescribes certain 

requirements for transport vehicles, 

freight containers, and portable tanks 

containing hazardous materials 

transported by vessel. In this final rule, 

we are revising paragraph (a)(9) to 

require that when security devices, 

beacons or other tracking or monitoring 

equipment are used, they must be 

securely installed and must be of a 

certified safe type for the hazardous 


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materials that will be carried within the 

freight container or transport vehicle. 

Section 176.84 

Section 176.84 outlines additional 

requirements for stowage and 

segregation of hazardous materials 

transported by cargo and passenger 

vessels. In this final rule, PHMSA is 

removing the redundant stowage code 

143. This provision is currently 

assigned to UN1259, UN2845, UN3194, 

UN3392, and UN3394, and prohibits the 

carriage of the materials aboard a vessel 

transporting Class 1 (explosive) material 

(except for explosives of Division 1.4S). 

See Section 172.101 Hazardous 

Materials Table for the amendment that 

adds stowage code 78 to the above 

materials of extreme flammability. Such 

materials are now required to be 

‘‘separated longitudinally by an 

intervening complete compartment or 

hold from explosives’’ based on 

amendments adopted in the IMDG 

Code. 

Section 176.142 

Section 176.142 prescribes the 

requirements for hazardous materials of 

extreme flammability transported on the 

same vessel as Class 1 (explosive) 

materials. In this final rule, PHMSA is 

deleting this section as the restriction no 

longer exists. Hazardous materials of 

extreme flammability are no longer 

prohibited from stowage on the same 

vessel as explosives. For entries 

previously affected by this section, the 

most restrictive stowage requirements 

are required. 

Section 176.905 

Section 176.905 prescribes specific 

requirements for motor vehicles or 

mechanical equipment powered by 

internal combustion engines that are 

offered for transportation and 

transported by vessel. For consistency 

with Amendment 35–10 of the IMDG 

Code, PHMSA is removing the signage 

requirement for such articles in 

paragraph (a)(5) and the ignition key 

removal provisions from paragraph 

(a)(6). Additionally, we are revising this 

section to account for modern designs of 

vehicles and equipment that are 

powered by engines other than internal 

combustion engines (e.g., electric 

engines powered by a fuel cell, hybrid 

vehicles). We are revising this section to 

include language applicable to address 

these new designs. We did not propose 

these changes in the August 24, 2010 

NPRM, but we do not believe including 

language to account for new designs 

imposes new restrictions or any greater 

burdens than currently in the 

regulations. 

Part 178 

Section 178.71 

Section 178.71 establishes the 

specifications for UN pressure 

receptacles. In this final rule, PHMSA is 

adopting the regulatory relief proposed 

in Docket HM–218F (75 FR 60017, 75 

FR 60017) by revising the requirements 

in paragraph (c)(1) to allow the use of 

a proof pressure test in addition to the 

volumetric expansion test. The ISO 

7866 and 9809 standards permit either 

the proof pressure test or volumetric 

expansion test to be used. The 

volumetric expansion test measures the 

cylinder’s elastic expansion and assures 

the cylinder received a proper heat 

treatment. However, the ISO standards 

also require each cylinder be subjected 

to a hardness test and a comprehensive 

shear wave ultrasonic examination (UE). 

PHMSA believes the combination of the 

proof pressure test, hardness test, and 

UE should provide adequate assurance 

that each cylinder received a proper 

heat treatment. This limitation (i.e., 

volumetric expansion test only) is also 

removed from the test pressure marking 

requirement in the redesignated 

paragraph (p)(6). 

In this final rule, PHMSA is also 

amending the cylinder bundle marking 

requirements in § 178.71(e) by adding a 

new paragraph (e)(8) specifying that 

pressure vessel markings only apply to 

the pressure vessel itself and not to the 

assembly structure of the bundle. 

Additionally, we are adding new 

paragraphs (f) and (m) that establish the 

design and construction requirements 

for UN metal hydride storage systems 

and refillable welded cylinders, 

respectively. To accomplish this, we are 

redesignating paragraphs (m) through (r) 

as paragraphs (n) through (s), and 

revising paragraphs (q) and (s) 

accordingly to correct paragraph 

references. Further, we are adding three 

ISO standards to the IBR table in § 171.7 

of the HMR for UN refillable welded 

cylinders (ISO 4706, 18172–1 and 

20703). Lastly, we are requiring that 

transportable metal hydride storage 

systems (see § 173.311) be designed, 

constructed, initially inspected and 

tested in accordance with ISO 

16111:2008, ‘‘Transportable gas storage 

devices—Hydrogen absorbed in 

reversible metal hydride,’’ as authorized 

under § 178.71(m). 

Section 178.275 

Section 178.275 prescribes 

requirements for UN portable tanks 

intended for transportation of liquid and 

solid hazardous materials. Section 

178.275(h) prohibits the use of fusible 

elements on portable tanks with a test 

pressure which exceeds 2.65 bar (265 

kPa). In § 172.102(c)(8), we are adding a 

new portable tank special provision 

TP36 authorizing the use of fusible 

elements in the vapor space of portable 

tanks with a gauge test pressure that 

exceeds 265 kPa (38.4 psig/2.65 bar) for 

certain organometallic substances. In 

this final rule, we are authorizing use of 

fusible elements based on a wellestablished history of safe transportation 

of these substances in portable tanks 

equipped with fusible elements capable 

of properly functioning at pressure of at 

least 1,000 kPa (145 psig/10 bar). Past 

experience of the use of fusible elements 

indicates reliability and a proper 

functioning even in the event of a 

release during loading or unloading. 

Additionally, for organometallic 

materials that are shipped in rigid 

portable tanks with a minimum test 

pressure of more than 265 kPa (38.4 

psig/2.65 bar), the tanks are required to 

be equipped with a depressurizing 

system that releases the inside pressure 

to avoid rupturing the tank as a result 

of an inadvertent release or fire. Fusible 

elements are used by shippers as a 

secondary pressure relief device, in 

addition to a re-closing pressure relief 

device. Therefore, we are revising 

§ 178.275(h) to reference special 

provision TP36 authorizing the use of 

fusible elements in the vapor space of a 

portable tank used for the transport of 

certain organometallic materials. 

Section 178.347–1 

Section 178.347–1 prescribes the 

general requirements for DOT 

Specification 407 cargo tank motor 

vehicles. Paragraph (d)(9) prescribes 

weld integrity, compliance and 

acceptance criteria for bulkheads. 

The exception in § 178.347–1(d)(8) 

currently provides an unconditional 

exception from UW–12 for all joints. 

Section 178.347–1(d)(9) applies a 

condition to one particular joint 

configuration in a head. In petition 

P–1333, TTMA requested that we adopt 

a weld joint efficiency of 0.85 for head 

seams in bulkheads on DOT 407 cargo 

tanks. Based on review of the TTMA 

petition and additional information that 

was provided, we proposed in the HM– 

213 NPRM (66 FR 63095, December 4, 

2001) that the strength of a weld seam 

in a bulkhead without radiographic 

examination of the weld must be 0.85 of 

the strength of the bulkhead. The 

welded seam must be a full penetration 

butt weld, no more than one seam may 

be used per bulkhead, and the welded 

seam must be completed before forming 

the dish radius and knuckle radius. 

TTMA commented on the proposal 

stating, ‘‘[w]hile we agree with the 


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proposal to allow a provisional 85% 

weld joint efficiency for DOT 407 heads 

with butt-welded seams, we would like 

to see the requirements of UW–12 of the 

ASME Code specifically exempted for 

this welded joint. Even though this 

section implies an exemption, the 

exemption is not specific. We suggest 

the following wording, ‘‘[t]he strength of 

a weld seam in a bulkhead that has not 

been radiographically examined shall be 

0.85 of the strength of the bulkhead and 

be exempted from the requirements of 

UW–12 of the ASME Code under the 

following condition’’. 

In the HM–213 final rule, we agreed 

with TTMA’s comment and agreed to 

make the change though the change 

occurred in a corrections document (68 

FR 52363, September 3, 2003). The final 

rule stated: ‘‘[I]n its comments to the 

NPRM, TTMA agrees with the 

provisional 85% weld joint efficiency 

for DOT 407 heads with butt-welded 

seams. However, TTMA suggests that 

we include the requirements of Part 

UW–12 of the ASME Code to the list of 

excepted requirements in § 178.347– 

1(d)(8). We agree with TTMA. In this 

final rule, we are adding Part UW–12 of 

the ASME Code to the list of excepted 

requirements.’’ 

In October 2004, we added an 

exception from the radiography/joint 

efficiency requirements of ASME VIII 

section UW–12 for DOT 407 cargo tanks 

with MAWP of 35 psig and less in 

§ 178.347–1(d)(8) and (9). The intent 

was to provide a conditional alternate 

means of determining a joint efficiency 

for certain head welds. Listing UW–12 

in § 178.347–1(d)(8) instead of (9), 

however, results in an unconditional 

exception from UW–12 in all welds on 

these tanks. Therefore, because we 

believe the revision is appropriate, we 

are revising § 178.347–1(d)(9), as 

proposed, by adding a new 

subparagraph (i) and renumbering the 

section accordingly. 

Section 178.603 

Section 178.603 prescribes the drop 

test requirements for non-bulk 

packagings in the HMR. In this final 

rule, PHMSA is revising paragraph (f)(4) 

to amend the criteria for passing the 

tests. The HMR require only that there 

is no leakage of filling substance from 

the inner packaging. In this final rule, 

we are also requiring that inner 

receptacles, inner packagings and 

articles remain completely within the 

outer package when drop tested. 

Section 178.703 

Section 178.703 prescribes the 

marking requirements for IBCs. PHMSA 

is aligning paragraph (a)(1)(viii) with the 

UN Model Regulations by requiring the 

gross mass, in kilograms, to be marked 

on all IBC types. The HMR require a net 

mass to be marked on flexible IBCs 

which is inconsistent with international 

standards. PHMSA inadvertently did 

not revise the HMR under a previous 

harmonization rulemaking when the 

international standards were amended 

to specify that a maximum permissible 

gross mass be marked on all IBC types. 

Section 178.955 

Section 178.955 establishes 

definitions used with regard to subpart 

Q of part 178, which prescribes the 

design and testing criteria for Large 

Packagings. PHMSA is adding the 

following two new definitions, 

‘‘Remanufactured Large Packaging’’ and 

‘‘Reused Large Packaging,’’ in new 

paragraphs (c)(6) and (c)(7), 

respectively. A ‘‘remanufactured’’ large 

packaging is defined as a metal or rigid 

plastic large packaging that is produced 

as a UN type from a non-UN type or is 

converted from one UN design type to 

another UN design type. 

Remanufactured large packagings are 

subject to the same HMR requirements 

that apply to a new large packaging. A 

‘‘reused’’ large packaging is defined as a 

large packaging to be refilled that has 

been examined and found free of defects 

affecting the ability to withstand the 

performance tests. The term includes 

those that are refilled with the same or 

similar compatible contents and are 

transported within distribution chains 

controlled by the consignor of the 

product. 

Part 180 

Section 180.207 

Section 180.207 prescribes the 

requirements for the requalification of 

UN pressure receptacles. In this final 

rule, PHMSA is requiring that metal 

hydride storage systems be requalified 

every five years in accordance with ISO 

16111:2008 and that the records of that 

requalification be retained in 

accordance with § 180.215 of the HMR. 

Section 180.350 

Section 180.350 prescribes 

applicability and defines certain terms 

regarding the qualification and 

maintenance of IBCs. PHMSA is 

revising paragraph (b) to indicate that 

the replacement of the inner receptacle 

of a composite IBC with one from the 

original manufacturer is considered a 

repair. This revision is consistent with 

the recent change in the definition of 

‘‘repair’’ in the UN Model Regulations. 

V. Regulatory Analyses and Notices 

A. Statutory/legal Authority for This 

Rulemaking 

This final rule is published under the 

following statutory authorities: 

1. 49 U.S.C. 5103(b) authorizes the 

Secretary of Transportation to prescribe 

regulations for the safe transportation, 

including security, of hazardous 

materials in intrastate, interstate, and 

foreign commerce. This final rule 

amends regulations to maintain 

alignment with international standards 

by incorporating various amendments, 

including changes to proper shipping 

names, hazard classes, packing groups, 

special provisions, packaging 

authorizations, air transport quantity 

limitations and vessel stowage 

requirements. To this end, as discussed 

in detail above, the final rule amends 

the HMR to more fully align them with 

the biennial updates of the UN Model 

Regulations, the IMDG Code and the 

ICAO TI. 

Harmonization serves to facilitate 

international commerce. At the same 

time, harmonization promotes the safety 

of people, property, and the 

environment by reducing the potential 

for confusion and misunderstanding 

that could result if shippers and 

transporters were required to comply 

with two or more conflicting sets of 

regulatory requirements. While the 

intent of this rulemaking is to align the 

HMR with international standards, we 

review and consider each amendment 

on its own merit based on its overall 

impact on transportation safety and the 

economic implications associated with 

its adoption into the HMR. Our goal is 

to harmonize without sacrificing the 

current HMR level of safety and without 

imposing undue burdens on the 

regulated public. Thus, as explained in 

the corresponding sections above, we 

are not harmonizing with certain 

specific provisions of the UN Model 

Regulations, the IMDG Code, and the 

ICAO TI. Moreover, we are maintaining 

a number of current exceptions for 

domestic transportation that should 

minimize the compliance burden on the 

regulated community. 

2. 49 U.S.C. 5120(b) authorizes the 

Secretary of Transportation to ensure 

that, to the extent practicable, 

regulations governing the transportation 

of hazardous materials in commerce are 

consistent with standards adopted by 

international authorities. This rule 

amends the HMR to maintain alignment 

with international standards by 

incorporating various amendments to 

facilitate the transport of hazardous 

material in international commerce. To 

this end, as discussed in detail above, 


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PHMSA incorporates changes into the 

HMR based on the sixteenth revised 

edition of the UN Model Regulations 

and the 2011–2012 ICAO Technical 

Instructions, which become effective 

January 1, 2011, and Amendment 35–10 

to the IMDG Code which becomes 

effective January 1, 2012. The 

continually increasing amount of 

hazardous materials transported in 

international commerce warrants the 

harmonization of domestic and 

international requirements to the 

greatest extent possible. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not reviewed by the 

Office of Management and Budget. The 

final rule is not considered a significant 

rule under the Regulatory Policies and 

Procedures of the Department of 

Transportation (44 FR 11034). This final 

rule applies to offerors and carriers of 

hazardous materials, such as chemical 

manufacturers, chemical users and 

suppliers, packaging manufacturers, 

distributors, radiopharmaceutical 

companies, and training companies. 

Benefits resulting from the adoption of 

the amendments in this final rule 

include enhanced transportation safety 

resulting from the consistency of 

domestic and international hazard 

communications and continued access 

to foreign markets by U.S. 

manufacturers of hazardous materials. 

The majority of amendments in this 

final rule should result in cost savings 

and ease the regulatory compliance 

burden for shippers engaged in 

domestic and international commerce, 

including trans-border shipments 

within North America. 

We authorize a one year transition 

period to allow for training of 

employees and to ease any burden on 

entities affected by the amendments. 

The total net increase in costs to 

businesses in implementing the final 

rule is considered to be minimal. Initial 

start-up and inventory costs will result 

from these changes. However, the costs 

are offset by greater long term savings of 

conformance with one set of regulations 

and a one-year transition period. A 

regulatory evaluation is available for 

review in the public docket for this 

rulemaking. 

C. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

preempts State, local and Indian Tribe 

requirements but does not propose any 

regulation that has substantial direct 

effects on the States, the relationship 

between the national government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The Federal hazardous material 

transportation law, 49 U.S.C. 5101– 

5128, contains an express preemption 

provision (49 U.S.C. 5125(b)) that 

preempts State, local and Indian Tribe 

requirements on certain covered 

subjects, as follows: 

(1) The designation, description, and 

classification of hazardous material; 

(2) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous material; 

(3) The preparation, execution, and 

use of shipping documents related to 

hazardous material and requirements 

related to the number, contents, and 

placement of those documents; 

(4) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous material; and 

(5) The design, manufacture, 

fabrication, inspection, marking, 

maintenance, recondition, repair, or 

testing of a packaging or container 

represented, marked, certified, or sold 

as qualified for use in transporting 

hazardous material in commerce. 

This final rule addresses covered 

subject items (1), (2), (3), (4) and (5) 

above and preempts State, local, and 

Indian Tribe requirements not meeting 

the ‘‘substantively the same’’ standard. 

This final rule is necessary to 

incorporate changes adopted in 

international standards, effective 

January 1, 2011. If the changes in this 

final rule are not adopted into the HMR, 

U.S. companies, including numerous 

small entities competing in foreign 

markets, would be at an economic 

disadvantage. These companies would 

be forced to comply with a dual system 

of regulations. The changes in this final 

rulemaking are intended to avoid this 

result. Federal hazardous materials 

transportation law provides at 49 U.S.C. 

5125(b)(2) that, if DOT issues a 

regulation concerning any of the 

covered subjects, DOT must determine 

and publish in the Federal Register the 

effective date of Federal preemption. 

The effective date of Federal preemption 

is 90 days from publication of the final 

rule in this matter. 

D. Executive Order 13175 

This final rule was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

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. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.) requires an agency 

to review regulations to assess their 

impact on small entities, unless the 

agency determines that a rule is not 

expected to have a significant impact on 

a substantial number of small entities. 

This final rule facilitates the 

transportation of hazardous materials in 

international commerce by providing 

consistency with international 

standards. This final rule applies to 

offerors and carriers of hazardous 

materials, some of whom are small 

entities, such as chemical 

manufacturers, users and suppliers, 

packaging manufacturers, distributors 

and training companies. As discussed 

above, under Executive Order 12866, 

the majority of amendments in this final 

rule should result in cost savings and 

ease the regulatory compliance burden 

for shippers engaged in domestic and 

international commerce, including 

trans-border shipments within North 

America. 

Many companies will realize 

economic benefits as a result of these 

amendments. Additionally, the changes 

effected by this final rule will relieve 

U.S. companies, including small entities 

competing in foreign markets, from the 

burden of complying with a dual system 

of regulations. Therefore, I certify that 

these amendments will not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities. 

This final rule has been developed in 

accordance with Executive Order 13272 

(‘‘Proper Consideration of Small Entities 

in Agency Rulemaking’’) and DOT’s 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act to ensure that potential 

impacts of draft rules on small entities 

are properly considered. 

F. Paperwork Reduction Act 

PHMSA currently has approved 

information collections under Office of 

Management and Budget (OMB) Control 

Number 2137–0034, ‘‘Hazardous 

Materials Shipping Papers and 

Emergency Response Information,’’ with 

an expiration date of May 31, 2011, and 

OMB Control Number 2137–0557, 


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‘‘Approvals for Hazardous Materials,’’ 

with an expiration date of June 30, 2011. 

This final rule may result in a decrease 

in the annual burden and costs of OMB 

Control Number 2137–0034 due to 

amendments to the exceptions for 

shipping paper requirements for limited 

quantities of Class 3, Division 4.1, 

Division 4.2, Division 4.3, Division 5.1, 

Division 5.2, Division 6.1, Class 8, and 

Class 9 materials for those limited 

quantities that are defined as consumer 

commodities. This final rule may result 

in an increase in the annual burden and 

costs of OMB Control Number 2137– 

0557 due to amendments to the 

classification criteria for eight Division 

1.4 explosive articles to add the Type 

6(d) test as prescribed in the fifth 

revised edition of the UN Manual of 

Tests and Criteria. 

Under the Paperwork Reduction Act 

of 1995, no person is required to 

respond to an information collection 

unless it has been approved by OMB 

and displays a valid OMB control 

number. Section 1320.8(d), Title 5, Code 

of Federal Regulations requires that 

PHMSA provide interested members of 

the public and affected agencies an 

opportunity to comment on information 

and recordkeeping requests. 

This final rule identifies revised 

information collection requests that 

PHMSA will submit to OMB for 

approval based on the requirements in 

this final rule. PHMSA has developed 

burden estimates to reflect changes in 

this final rule, and estimates the 

information collection and 

recordkeeping burden as proposed in 

this rule to be as follows: 

OMB Control No. 2137–0034 

Annual Decrease in Number of Respondents ................................................................................................................................. 75,000,000 

Annual Decrease in Annual Number of Responses ....................................................................................................................... 75,000,000 

Annual Decrease in Annual Burden Hours ..................................................................................................................................... 1,875,000 

Annual Decrease in Annual Burden Costs ...................................................................................................................................... $1,875,000.00 

OMB Control No. 2137–0557 

Annual Increase in Number of Respondents .................................................................................................................................. 465 

Annual Increase in Annual Number of Responses ......................................................................................................................... 465 

Annual Increase in Annual Burden Hours ....................................................................................................................................... 2,325 

Annual Increase in Annual Burden Costs ....................................................................................................................................... $58,125 

PHMSA will submit the revised 

information collection and 

recordkeeping requirements to OMB for 

approval. 

G. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN contained in the heading 

of this document can be used to crossreference this action with the Unified 

Agenda. 

H. 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. 

I. Environmental Assessment 

The National Environmental Policy 

Act, 42 U.S.C. 4321–4375, requires that 

Federal agencies analyze proposed 

actions to determine whether the action 

will have a significant impact on the 

human environment. The Council on 

Environmental Quality (CEQ) 

regulations order Federal agencies to 

conduct an environmental review 

considering (1) the need for the 

proposed action, (2) alternatives to the 

proposed action, (3) probable 

environmental impacts of the proposed 

action and alternatives, and (4) the 

agencies and persons consulted during 

the consideration process. 40 CFR 

1508.9(b). 

1. Purpose and Need 

PHMSA proposed to amend the 

Hazardous Materials Regulations to 

maintain alignment with international 

standards by incorporating various 

amendments, including changes to 

proper shipping names, hazard classes, 

packing groups, special provisions, 

packaging authorizations, air transport 

quantity limitations, and vessel stowage 

requirements. These revisions are 

necessary to harmonize the Hazardous 

Materials Regulations with recent 

changes to the International Maritime 

Dangerous Goods Code, the 

International Civil Aviation 

Organization’s Technical Instructions 

for the Transport of Dangerous Goods by 

Air, and the United Nations 

Recommendations on the Transport of 

Dangerous Goods. The amendments are 

intended to enhance the safety of 

international hazardous materials 

transportation through better 

understanding of the regulations, an 

increased level of industry compliance, 

the smooth flow of hazardous materials 

from their points of origin to their 

points of destination, and effective 

emergency response in the event of a 

hazardous materials incident. 

The HMR regulate materials that meet 

the definition of a marine pollutant in 

all modes of transportation. The 

intended effect is to increase the level 

of safety associated with the 

transportation of substances hazardous 

to the marine environment by way of 

improved communication of their 

presence in transportation and 

establishing appropriate requirements 

for their packaging. The HMR uses a 

list-based system designed to help 

shippers determine if a material meets 

the definition of a marine pollutant. 

Recently, the IMO adopted a criteria 

based system for identification of 

materials hazardous to the marine 

environment based on the Globally 

Harmonized System of Classification 

and Labeling of Chemicals (GHS). 

2. Alternatives 

In developing this proposed rule, we 

considered three alternatives: 

(1) Do nothing. 

(2) Adopt the international standards 

in their entirety. 

(3) Adopt most of the international 

standards, with certain modifications 

based on safety or economic 

considerations. 

Alternative 1: Because our goal is to 

facilitate uniformity, compliance, 

commerce and safety in the 

transportation of hazardous materials, 

we rejected this alternative. 

Alternative 2: By adopting the 

international standards in their entirety, 


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3342 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 

PHMSA could potentially adopt 

provisions that, in our view, do not 

provide an adequate safety level. 

Further, because we provide for 

domestic exceptions and extended 

compliance periods to minimize the 

potential economic impact of any 

revisions on the regulated community, 

this alternative was also rejected. 

Alternative 3: Consistency between 

U.S. and international regulations helps 

to assure the safety of international 

hazardous materials transportation 

through better understanding of the 

regulations, an increased level of 

industry compliance, the smooth flow of 

hazardous materials from their points of 

origin to their points of destination, and 

effective emergency response in the 

event of a hazardous materials incident. 

Under Alternative 3, we would 

harmonize the HMR with international 

standards to the extent consistent with 

U.S. safety and economic goals. 

Alternative 3 is the only alternative 

that addresses, in all respects, the 

purpose of this regulatory action, which 

is to facilitate the safe and efficient 

transportation of hazardous materials in 

international commerce. These actions 

will provide the greatest possible 

harmonization with international 

requirements without posing an undue 

increased cost burden on industry. For 

these reasons, Alternative 3 is our 

recommended alternative. 

3. Analysis of Environmental Impacts 

Hazardous materials are transported 

by aircraft, vessel, rail, and highway. 

The potential for environmental damage 

or contamination exists when packages 

of hazardous materials are involved in 

accidents or en route incidents resulting 

from cargo shifts, valve failures, package 

failures, or loading, unloading, or 

handling problems. The ecosystems that 

could be affected by a release include 

air, water, soil, and ecological resources 

(e.g., wildlife habitats). The adverse 

environmental impacts associated with 

releases of most hazardous materials are 

short-term impacts that can be greatly 

reduced or eliminated through prompt 

clean-up of the accident scene. Most 

hazardous materials are not transported 

in quantities sufficient to cause 

significant, long-term environmental 

damage if they are released. 

The hazardous material regulatory 

system is a risk-management system that 

is prevention-oriented and focused on 

identifying hazards and reducing the 

probability and quantity of a hazardous 

material release. Amending the HMR to 

maintain alignment with international 

standards enhances the safe 

transportation of hazardous materials in 

domestic and international commerce. 

When considering the adoption of 

international standards under the HMR, 

we review and consider each 

amendment on its own merit and assess 

its impact on transportation safety and 

the environment. Based on the lack of 

public comment on the issue, it is our 

conclusion that the amendments 

adopted in this final rule will have no 

adverse affect on the environment. 

4. Consultations and Public Comment 

On June 20, 2007, November 27, 2007, 

June 18, 2008, and November 19, 2008, 

PHMSA hosted public meetings with 

public and private stakeholders to 

discuss draft U.S. positions on the 

United Nation’s Sub-Committee of 

Experts on the Transport of Dangerous 

Goods (UNSCOE) proposals for the 

sixteenth revised edition of the UN 

Recommendations on the Transport of 

Dangerous Goods Model Regulations. In 

addition, PHMSA and the U.S. Coast 

Guard hosted a public meeting on 

September 17, 2008, and hosted a 

second meeting on September 10, 2009, 

to discuss amendments to the IMDG 

Code. A public meeting was held on 

September 29, 2009 to discuss 

amendments to the ICAO Technical 

Instructions. During these public 

meetings, U.S. positions on proposed 

amendments to the UN 

Recommendations were considered and 

discussed. Positions were established 

based on input received during these 

meetings in conjunction with internal 

review, including thorough technical 

review. 

We have identified a number of 

immediate and long-term actions that 

participants in the international 

community are taking or will take to 

enhance the safe transportation of 

hazardous materials. Through this 

integrated and cooperative approach, we 

believe we can be most successful in 

reducing incidents, enhancing safety, 

and protecting the public. 

J. Privacy Act 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

www.dot.gov/privacy.html. 

K. International Trade Analysis 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing any standards or 

engaging in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. For 

purposes of these requirements, Federal 

agencies may participate in the 

establishment of international 

standards, so long as the standards have 

a legitimate domestic objective, such as 

providing for safety, and do not operate 

to exclude imports that meet this 

objective. The statute also requires 

consideration of international standards 

and, where appropriate, that they be the 

basis for U.S. standards. PHMSA 

participates in the establishment of 

international standards to protect the 

safety of the American public, and we 

have assessed the effects of the 

proposed rule to ensure that it does not 

exclude imports that meet this objective. 

Accordingly, this rulemaking is 

consistent with PHMSA’s obligations 

under the Trade Agreement Act, as 

amended. 

List of Subjects 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Incorporation by reference, Labeling, 

Markings, Packaging and containers, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 175 

Air carriers, Hazardous materials 

transportation, Incorporation by 

reference, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 176 

Hazardous materials transportation, 

Incorporation by reference, Maritime 

carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 178 

Hazardous materials transportation, 

Incorporation by reference, Motor 

vehicle safety, Packaging and 


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containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Motor carriers, Motor vehicle safety, 

Packaging and containers, Railroad 

safety, Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, 

PHMSA amends 49 CFR Chapter I as 

follows: 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 1. The authority citation for part 171 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.45 and 1.53; Pub. L. 101–410 section 

4 (28 U.S.C. 2461 note); Pub. L. 104–134 

section 31001. 

■ 2. In § 171.7, the paragraph (a)(3) table 

is amended as follows: 

■ a. Under the entry ‘‘American Society 

for Testing and Materials (ASTM),’’ the 

entries ‘‘ASTM D56–05’’, ‘‘ASTM D86– 

07a’’, ‘‘ASTM D93–08’’, ‘‘ASTM D1078– 

05’’, ‘‘ASTM D3278–96(2004)e1’’, and 

‘‘ASTM D3828–07a’’ are added in 

alphanumerical order; 

■ b. Under the entry ‘‘International Civil 

Aviation Organization (ICAO)’’, the 

entry ‘‘Technical Instructions for the 

Safe Transport of Dangerous Goods by 

Air (ICAO Technical Instructions)’’ is 

revised; 

■ c. Under the entry ‘‘International 

Maritime Organization (IMO)’’, the 

entries ‘‘International Maritime 

Dangerous Goods Code (IMDG Code)’’ 

and ‘‘International Convention for the 

Safety of Life at Sea, 1974, as amended 

(SOLAS)’’ are revised; 

■ d. Under the entry ‘‘International 

Organization for Standardization (ISO)’’, 

the entries ‘‘ISO 2592—1973(E)’’; ‘‘ISO 

10297:1999’’ and ‘‘ISO 10461:2005’’ are 

revised; and the entries ‘‘ISO 

1516:2002’’; ‘‘ISO 1523:2002’’; ‘‘ISO 

2719:2002’’; ‘‘ISO 3405:2000’’; ‘‘ISO 

3679:2004’’; ‘‘ISO 3680:2004’’; ‘‘ISO 

3924:1999’’; ‘‘ISO 4626:1980’’; ‘‘ISO 

4706:2008’’; ‘‘ISO 10692–2:2001’’; ‘‘ISO 

13736:2008’’; ‘‘ISO 16111:2008’’; ‘‘ISO 

18172–1:2007’’ and ‘‘ISO 20703:2006’’ 

are added in alphanumerical order; 

■ e. Under the entry ‘‘Organization for 

Economic Cooperation and 

Development (OECD)’’, the entry ‘‘OECD 

Guideline for the Testing of Chemicals, 

Number 404, ‘‘Acute Dermal Irritation/ 

Corrosion (1992)’’ is revised and the 

entries ‘‘OECD (2004), Test No. 430: In 

Vitro Skin Corrosion: Transcutaneous 

Electrical Resistance Test (TER), OECD 

Guidelines for the Testing of Chemicals, 

Section 4: Health Effects, OECD 

Publishing’’, ‘‘OECD (2004), Test No. 

431: In Vitro Skin Corrosion: Human 

Skin Model Test, OECD Guidelines for 

the Testing of Chemicals, Section 4: 

Health Effects, OECD Publishing’’ and 

‘‘OECD (2006), Test No. 435: In Vitro 

Membrane Barrier Test Method for Skin 

Corrosion, OECD Guidelines for the 

Testing of Chemicals, Section 4: Health 

Effects, OECD Publishing’’ are added in 

appropriate numerical order; 

■ f. Under the entry for ‘‘Transport 

Canada,’’ the entry ‘‘Transportation of 

Dangerous Goods Regulations 

(Transport Canada TDG Regulations)’’ is 

revised; and 

■ g. Under the entry ‘‘United Nations’’, 

the entries ‘‘UN Recommendations on 

the Transport of Dangerous Goods, 

Model Regulations’’ and ‘‘UN 

Recommendations on the Transport of 

Dangerous Goods, Manual of Tests and 

Criteria’’ are revised. 

The additions and revisions read as 

follows: 

§ 171.7 Reference material. 

(a) * * * 

(3) * * * 

Source and name of material 49 CFR reference 

*******

American Society for Testing and Materials (ASTM) 

*******

ASTM D56–05, Standard Test Method for Flash Point by Tag Closed Cup Tester, approved May 1, 2005 ...................... 173.120 

ASTM D86–07a, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved April 

1, 2007.

173.121 

ASTM D93–08, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, approved October 15, 

2008.

173.120 

ASTM D1078–05, Standard Test Method for Distillation Range of Volatile Organic Liquids, approved May 15, 2005 ...... 173.121 

* * * * * * * 

ASTM D3278–96 (Reapproved 2004) E1, Standard Test Methods for Flash Point of Liquids by Small Scale ClosedCup Apparatus, approved November 1, 2004.

173.120 

ASTM D3828–07a, Standard Test Methods for Flash Point by Small Scale Closed Cup Tester, approved July 15, 2007 173.120 

* * * * * * * 

International Civil Aviation Organization (ICAO), 

* * * * * * * 

Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), 2011–2012 

Edition.

171.8; 171.22; 171.23; 

171.24; 172.101; 

172.202; 172.401; 

172.512; 172.519; 

172.602; 172.704; 

173.1; 173.56; 

173.320; 175.33; 

178.3. 

* * * * * * * 

International Maritime Organization (IMO), 

* * * * * * * 

International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), Chapter II–2, Construction—Fire 

protection, fire detection and fire extinction, Regulation 19, Carriage of dangerous goods, Consolidated Edition 2009.

176.63, 176.84 


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Source and name of material 49 CFR reference 

International Maritime Dangerous Goods Code (IMDG Code), 2010 Edition, Incorporating Amendment 35–10 (English 

Edition), Volumes 1 and 2.

171.22; 171.23; 

171.25; 172.101 

172.202; 172.203 

172.401; 172.502; 

172.519; 172.602; 

172.704; 173.1; 

173.21; 173.56; 

173.320; 176.2; 

176.5; 176.11; 

176.27; 176.30; 

176.83; 176.84; 

176.140; 176.720; 

178.3; 178.274. 

International Organization for Standardization 

* * * * * * * 

ISO 1516:2002(E), Determination of flash/no flash—Closed cup equilibrium method, Third Edition, 2002–03–01 ............ 173.120. 

ISO 1523:2002(E), Determination of flash point—Closed cup equilibrium method, Third Edition, 2002–03–01 ................. 173.120. 

* * * * * * * 

ISO 2592:2000(E), Determination of flash and fire points—Cleveland open cup method, Second Edition, 2000–09–15 .. 173.120. 

ISO 2719:2002(E), Determination of flash point—Pensky-Martens closed cup method, Third Edition, 2002–11–15 ......... 173.120. 

* * * * * * * 

ISO 3405:2000(E), Petroleum products—Determination of distillation characteristics at atmospheric pressure, Third Edition, 2000–03–01.173.121. 

* * * * * * * 

ISO 3679:2004(E), Determination of flash point—Rapid equilibrium closed cup method, Third Edition, 2004–04–01 ....... 173.120. 

ISO 3680:2004(E), Determination of flash/no flash—Rapid equilibrium closed cup method, Fourth Edition, 2004–04–01 173.120. 

* * * * * * * 

ISO 3924:1999(E), Petroleum products—Determination of boiling range distribution—Gas chromatography method, 

Second Edition, 1999–08–01.

173.121. 

* * * * * * * 

ISO 4626:1980(E), Volatile organic liquids—Determination of boiling range of organic solvents used as raw materials, 

First Edition, 1980–03–01.

173.121. 

ISO 4706:2008(E), Gas cylinders—Refillable welded steel cylinders—Test pressure 60 bar and below, First Edition, 

2008–04–15, Corrected Version, 2008–07–01.

178.71. 

* * * * * * * 

ISO 10297:2006(E), Transportable gas cylinders—Cylinder valves—Specification and type testing, Second Edition, 

2006–01–15.

173.301b; 178.71. 

ISO 10461:2005(E), Gas cylinders—Seamless aluminum-alloy gas cylinders—Periodic inspection and testing, Second 

Edition, 2005–02–15 and Amendment 1, 2006–07–15.

180.207. 

* * * * * * * 

ISO 10692–2:2001(E), Gas cylinders—Gas cylinder valve connections for use in the micro-electronics industry—Part 2: 

Specification and type testing for valve to cylinder connections, First Edition, 2001–08–01.

173.40. 

* * * * * * * 

ISO 13736:2008(E), Determination of flash point—Abel closed-cup method, Second Edition, 2008–09–15 ...................... 173.120. 

ISO 16111:2008(E), Transportable gas storage devices—Hydrogen absorbed in reversible metal hydride, First Edition, 

2008–11–15.

173.301b; 173.311; 

178.71. 

ISO 18172–1:2007(E), Gas cylinders—Refillable welded stainless steel cylinders—Part 1: Test pressure 6 MPa and 

below, First Edition, 2007–03–01.

178.71. 

ISO 20703:2006(E), Gas cylinders—Refillable welded aluminum-alloy cylinders—Design, construction and testing, First 

Edition, 2006–05–01.

178.71. 

* * * * * * * 

Organization for Economic Cooperation and Development (OECD) 

* * * * * * * 

OECD (2002), Test No. 404: Acute Dermal Irritation/Corrosion, OECD Guidelines for the Testing of Chemicals, Section 

4: Health Effects, OECD Publishing, adopted April 24, 2002.

173.137. 

OECD (2004), Test No. 430: In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test (TER), OECD Guidelines for the Testing of Chemicals, Section 4: Health Effects, OECD Publishing, adopted April 13, 2004.173.137. 

OECD (2004), Test No. 431: In Vitro Skin Corrosion: Human Skin Model Test, OECD Guidelines for the Testing of 

Chemicals, Section 4: Health Effects, OECD Publishing, adopted April 13, 2004.

173.137. 

OECD (2006), Test No. 435: In Vitro Membrane Barrier Test Method for Skin Corrosion, OECD Guidelines for the 

Testing of Chemicals, Section 4: Health Effects, OECD Publishing, adopted July 19, 2006.

173.137. 


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Source and name of material 49 CFR reference 

*******

Transport Canada 

*******

Transportation of Dangerous Goods Regulations (Transport Canada TDG Regulations), August 2001 including Clear 

Language Amendments SOR 2001–286; SOR/2002–306 August 8, 2002; SOR/2003–273 July 24, 2003; SOR/2003– 

400 December 3, 2003; SOR/2005–216 July 13, 2005; SOR/2005–279 September 21, 2005; SOR/2008–34 February 

7, 2008 and SOR/2007–179 July 31, 2007.

171.12; 171.22; 

171.23; 172.401; 

172.502; 172.519; 

172.602; 173.31; 

173.32; 173.33. 

* * * * * * * 

United Nations 

* * * * * * * 

UN Recommendations on the Transport of Dangerous Goods, Model Regulations, sixteenth revised edition, Volumes I 

and II (2009).

171.8; 171.12; 

172.202; 172.401; 

172.407; 172.502; 

173.1; 173.3; 173.22; 

173.24; 173.24b; 

173.40; 173.56; 

173.192; 173.302b; 

173.304b; 178.75; 

178.274; 178.500; 

178.700; 178.900. 

UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, fifth revised edition (2009) 172.102; 173.21; 

173.56; 173.57; 

173.58; 173.60; 

173.115; 173.124; 

173.125; 173.127; 

173.128; 173.137; 

173.185; 173.220; 

Part 173, appendix 

H; 178.274. 

* * * * * * * 

■ 3. In § 171.8, the definitions for ‘‘Metal 

hydride storage system’’ and ‘‘Open 

cryogenic receptacle’’ are added and the 

definitions for ‘‘Oxidizing gas’’ and ‘‘UN 

Recommendations’’ are revised to read 

as follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

Metal hydride storage system means a 

single complete hydrogen storage 

system that includes a receptacle, metal 

hydride, pressure relief device, shut-off 

valve, service equipment and internal 

components used for the transportation 

of hydrogen only. 

* * * * * 

Open cryogenic receptacle means a 

transportable thermally insulated 

receptacle for refrigerated liquefied 

gases maintained at atmospheric 

pressure by continuous venting of the 

refrigerated gas. 

* * * * * 

Oxidizing gas means a gas that may, 

generally by providing oxygen, cause or 

contribute to the combustion of other 

material more than air does. 

Specifically, this means a pure gas or 

gas mixture with an oxidizing power 

greater than 23.5% as determined by a 

method specified in ISO 10156: or 

10156–2: (IBR, see § 171.7 of this 

subchapter) (see also § 173.115(k)). 

* * * * * 

U.N. Recommendations means the 

U.N. Recommendations on the 

Transport of Dangerous Goods, Model 

Regulations (IBR, see § 171.7 of this 

subchapter). 

* * * * * 

§ 171.23 [Amended] 

■ 4. In § 171.23, paragraph (b)(9) is 

removed and reserved. 

■ 5. In § 171.25, the first sentence in 

paragraph (b)(1) is revised, paragraph 

(b)(4) is added, and paragraphs (c)(5) 

and (d)(3) are removed. 

The revision and addition read as 

follows: 

§ 171.25 Additional requirements for the 

use of the IMDG Code. 

* * * * * 

(b) * * * 

(1) Unless specified otherwise in this 

subchapter, a shipment must conform to 

the requirements in part 176 of this 

subchapter. * * * 

* * * * * 

(4) Material consigned under UN3166 

and UN3171 (e.g., Engines, internal 

combustion, etc., Vehicles, etc. and 

Battery-powered equipment) may be 

prepared in accordance with the IMDG 

Code or this subchapter. 

* * * * * 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, TRAINING 

REQUIREMENTS, AND SECURITY 

PLANS 

■ 6. The authority citation for part 172 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 44701; 49 

CFR 1.53. 

■ 7. In § 172.101, the following 

amendments are made: 

■ a. Paragraph (c)(10)(i) is revised; 

■ b. Paragraph (e) is amended by adding 

a sentence at the end of the paragraph; 

and 

■ c. The Hazardous Materials Table is 

amended by removing those entries 

under [REMOVE], adding entries under 

[ADD], and revising entries under 

[REVISE] as shown below. 

The revisions and additions read as 

follows: 

§ 172.101 Purpose and use of hazardous 

materials table. 

* * * * * 


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(c) * * * 

(10) * * * 

(i) A mixture or solution not 

identified specifically by name, 

comprised of a single predominant 

hazardous material identified in the 

Table by technical name and one or 

more hazardous and/or non-hazardous 

material, must be described using the 

proper shipping name of the hazardous 

material and the qualifying word 

‘‘mixture’’ or ‘‘solution’’, as appropriate, 

unless— 

(A) Except as provided in 

§ 172.101(i)(4) the packaging specified 

in Column 8 is inappropriate to the 

physical state of the material; 

(B) The shipping description indicates 

that the proper shipping name applies 

only to the pure or technically pure 

hazardous material; 

(C) The hazard class, packing group, 

or subsidiary hazard of the mixture or 

solution is different from that specified 

for the entry; 

(D) There is a significant change in 

the measures to be taken in 

emergencies; 

(E) The material is identified by 

special provision in Column 7 of the 

§ 172.101 Table as a material poisonous 

by inhalation; however, it no longer 

meets the definition of poisonous by 

inhalation or it falls within a different 

hazard zone than that specified in the 

special provision; or 

(F) The material can be appropriately 

described by a shipping name that 

describes its intended application, such 

as ‘‘Coating solution’’, ‘‘Extracts, 

flavoring’’ or ‘‘Compound, cleaning 

liquid.’’ 

* * * * * 

(e) * * * Those preceded by the 

letters ‘‘ID’’ are associated with proper 

shipping names recognized by the ICAO 

Technical Instructions (IBR, see § 171.7 

of this subchapter). 

* * * * * 


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§ 172.101 HAZARDOUS

MATERIALS

TABLE

Symbols 

Hazardous materials descriptions and proper shipping names Hazard class or division Identification numbers PG Label codes Special provisions (§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations (see 

§§ 173.27 and 175.75) 

(10) 

Vessel 

stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

[REMOVE].

* * * * * * * 

D ............ sec-Butyl 

chloroformate.

6.1 NA2742 .... I ................ 6.1, 3, 8 .... 2, B9, B14, B32, B74, 

T20, TP4, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden A ............... 12, 13, 22, 

25, 40, 48, 100 

* * * * * * * 

Detonator, assemblies, 

non-electric, for blasting.

1.4S UN0500 .... II ............... 1.4S .......... ..................................... 63(f), 63(g) 62 ............. None ......... 25 kg ........ 100 kg ...... 05 .............

* * * * * * * 

Engines, internal combustion, flammable 

gas powered.

9 UN3166 .... ................... 9 ............... 135 .............................. 220 ........... 220 ........... 220 ........... Forbidden No limit ..... A ...............

Engines, internal combustion, flammable 

liquid powered.

9 UN3166 .... ................... 9 ............... 135 .............................. 220 ........... 220 ........... 220 ........... No limit ..... No limit ..... A ...............

*******

Formaldehyde, solutions, flammable. 3 UN1198 .... III .............. 3, 8 ........... B1, IB3, T4, TP1 ......... 150 ........... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40 Formaldehyde, solutions, with not less 

than 25 percent formaldehyde.

8 UN2209 .... III .............. 8 ............... IB3, T4, TP1 ............... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ...............

*******

1–Hydroxybenzotriazole, anhydrous, 

wetted with not less than 20 percent water, by mass.

4.1 UN3474 .... I ................ 4.1 ............ 162, N90 ..................... None ......... 211 ........... None ......... 0.5 kg ....... 0.5 kg ....... D ............... 28, 36 

*******

D ............ Isobutyl chloroformate 6.1 NA2742 .... I ................ 6.1, 3, 8 .... 2, B9, B14, B32, B74, 

T20, TP4, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden A ............... 12, 13, 22, 

25, 40, 48, 100 

*******

Lithium hypochlorite, 

dry with more than 39% available chlorine (8.8% available oxygen) or Lithium hypochlorite mixtures, dry with more than 39% available chlorine (8.8% available oxygen).

5.1 UN1471 .... II ............... 5.1 ............ A9, IB8, IP2, IP4, N34 152 ........... 212 ........... 240 ........... 5 kg .......... 25 kg ........ A ............... 4, 48, 52, 

56, 58, 69, 106, 116 


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MATERIALS

TABLE—Continued 

Symbols 

Hazardous materials descriptions and proper shipping names Hazard class or division Identification numbers PG Label codes Special provisions (§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations (see 

§§ 173.27 and 175.75) 

(10) 

Vessel 

stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

*******

Nitric acid other than 

red fuming, with less than 65 percent nitric acid.

8 UN2031 .... II ............... 8 ............... A6, B2, B47, B53, IB2, 

IP15, T8, TP2.

None ......... 158 ........... 242 ........... Forbidden 30 L .......... D ............... 44, 66, 74, 

89, 90 

*******

Nitric acid other than 

red fuming, with not more than 70 percent nitric acid.

8 UN2031 .... I ................ 8, 5.1 ........ A3, B47, B53, T10, 

TP2, TP12, TP13.

None ......... 158 ........... 243 ........... Forbidden 2.5 L ......... D ............... 44, 66, 89, 

90, 110, 111 

*******

Tars, liquid including 

road asphalt and oils, bitumen and cut backs.

3 UN1999 .... II ............... 3 ............... 149, B13, IB2, T3, 

TP3, TP29.

150 ........... 202 ........... 242 ........... 5 L ............ 60 L .......... B ...............

.................. ................... III .............. 3 ............... B1, B13, IB3, T1, TP3 150 ........... 203 ........... 242 ........... 60 L .......... 220 L ........ A ...............

*******

Trinitro-meta-cresol ..... 1.1D UN0216 .... II ............... 1.1D .......... ..................................... None ......... 62 ............. None ......... Forbidden Forbidden 10 ............. 5E 

*******

Vehicle, flammable gas 

powered.

9 UN3166 .... ................... 9 ............... 135, 157 ...................... 220 ........... 220 ........... 220 ........... Forbidden No limit ..... A ...............

Vehicle, flammable liquid powered. 9 UN3166 .... ................... 9 ............... 135, 157 ...................... 220 ........... 220 ........... 220 ........... No limit ..... No limit ..... A ...............

*******

[ADD].

*******

Alkali metal dispersions, flammable or 

Alkaline earth metal dispersions, flammable.

4.3 UN3482 .... I ................ 4.3, 3 ........ A2, A3, A7 .................. None ......... 201 ........... 244 ........... Forbidden 1 L ............ D ............... 52 

*******

W ........... Batteries, nickel-metal 

hydride see Batteries, dry, sealed, n.o.s. for nickelmetal hydride batteries transported by modes other than vessel.

9 UN3496 .... ................... 9 ............... 340 .............................. ................... ................... ................... ................... ................... A ............... 48 


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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3349 

*******

Calcium hypochlorite, 

dry, corrosive or Calcium hypochlorite mixtures, dry, corrosive with more than 39% available chlorine (8.8% available oxygen).

5.1 UN3485 .... II ............... 5.1, 8 ........ 165, 166, A7, A9, IB8, 

IP2, IP4, IP13, N34, W9.

152 ........... 212 ........... None ......... 5 kg .......... 25 kg ........ D ............... 4, 48, 52, 

56, 58, 69, 142 

* * * * * * * 

Calcium hypochlorite, 

hydrated, corrosive or Calcium hypochlorite, hydrated mixture, corrosive with not less than 5.5% but not more than 16% water.

5.1 UN3487 .... II ............... 5.1, 8 ........ 165, IB8, IP2, IP4, 

IP13, W9.

152 ........... 212 ........... 240 ........... 5 kg .......... 25 kg ........ D ............... 4, 48, 52, 

56, 58, 69, 142 

.................. ................... III .............. 5.1, 8 ........ 165, IB8, IP4, W9 ....... 152 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... D ............... 4, 48, 52, 

56, 58, 69, 142 

* * * * * * * 

Calcium hypochlorite 

mixture, dry, corrosive with more than 10% but not more than 39% available chlorine.

5.1 UN3486 .... III .............. 5.1, 8 ........ 165, A1, A29, IB8, IP3, 

IP13, N34, W9.

152 ........... 213 ........... 240 ........... 5 kg .......... 25 kg ........ D ............... 4,48, 52, 

56, 58, 69, 142 

* * * * * * * 

Consumer commodity 9 ID8000 ...... ................... 9 ............... ..................................... 167 ........... 167 ........... None ......... 30 kg gross 30 kg gross ...................

* * * * * * * 

Detonator assemblies, 

non-electric, for blasting.

1.4S UN0500 .... II ............... 1.4S .......... 347 .............................. 63(f), 63(g) 62 ............. None ......... 25 kg ........ 100 kg ...... 05 .............

*******

Engines, internal combustion, or Engines, 

fuel cell, flammable gas powered.

9 UN3166 .... ................... 9 ............... 135 .............................. 220 ........... 220 ........... 220 ........... Forbidden No limit ..... A ...............

Engines internal combustion, or Engines, 

fuel cell, flammable liquid powered.

9 UN3166 .... ................... 9 ............... 135 .............................. 220 ........... 220 ........... 220 ........... No limit ..... No limit ..... A ...............

*******

Formaldehyde solutions, flammable. 3 UN1198 .... III .............. 3, 8 ........... B1, IB3, T4, TP1 ......... 4b, 150 ..... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40 Formaldehyde solutions, with not less 

than 25 percent formaldehyde.

8 UN2209 .... III .............. 8 ............... IB3, T4, TP1 ............... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ...............

*******

Hydrazine aqueous solution, flammable 

with more than 37% hydrazine, by mass.

8 UN3484 .... I ................ 8, 3, 6.1 .... B16, B53, T10, TP2, 

TP13.

None ......... 201 ........... 243 ........... Forbidden 2.5 L ......... D ............... 40, 52, 125 


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3350 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations § 172.101 HAZARDOUS

MATERIALS

TABLE—Continued 

Symbols 

Hazardous materials descriptions and proper shipping names Hazard class or division Identification numbers PG Label codes Special provisions (§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations (see 

§§ 173.27 and 175.75) 

(10) 

Vessel 

stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

*******

1–Hydroxybenzotriazole, 

monohydrate.

4.1 UN3474 .... I ................ 4.1 ............ N90 ............................. None ......... 211 ........... None ......... 0.5 kg ....... 0.5 kg ....... D ............... 28, 36 

* * * * * * * 

+ ............. Iodine .......................... 8 UN3495 .... III .............. 8, 6.1 ........ IB8, IP3, T1, TP33 ...... 154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... B ............... 40, 55 

*******

Lithium hypochlorite, 

dry or Lithium hypochlorite mixture.

5.1 UN1471 .... II ............... 5.1 ............ A9, IB8, IP2, IP4, N34, 

T3, TP33.

152 ........... 212 ........... 240 ........... 5 kg .......... 25 kg ........ A ............... 4, 48, 52, 

56, 58, 69, 106, 116 

.................. ................... III .............. 5.1 ............ IB8, IP3, N34, T1, 

TP33.

152 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 4, 48, 52, 

56, 58, 69, 106, 116 

*******

+ ............. Motor fuel anti-knock 

mixture, flammable.

6.1 UN3483 .... I ................ 6.1, 3 ........ 14, T14, TP2, TP13 .... None ......... 201 ........... 244 ........... Forbidden Forbidden D ............... 25, 40 

*******

Nitric acid other than 

red fuming, with more than 20 percent and less than 65 percent nitric acid.

8 UN2031 .... II ............... 8 ............... A6, B2, B47, B53, IB2, 

IP15, T8, TP2.

None ......... 158 ........... 242 ........... Forbidden 30 L .......... D ............... 44, 66, 74, 

89, 90 

*******

Nitric acid other than 

red fuming, with more than 70 percent nitric acid.

8 UN2031 .... I ................ 8, 5.1 ........ A3, B47, B53, T10, 

TP2, TP12, TP13.

None ......... 158 ........... 243 ........... Forbidden 2.5 L ......... D ............... 44, 66, 89, 

90, 110, 111 

*******

I .............. Petroleum sour crude 

oil, flammable, toxic.

3 UN3494 .... I ................ 3, 6.1 ........ 343, T14, TP2, TP13 .. None ......... 201 ........... 243 ........... Forbidden 30 L .......... D ............... 40 

.................. ................... II ............... 3, 6.1 ........ 343, IB2, T7, TP2 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 60 L .......... D ............... 40 .................. ................... III .............. 3, 6.1 ........ 343, IB3, T4, TP1 ....... 150 ........... 203 ........... 242 ........... 60 L .......... 220 L ........ C ............... 40 

*******

Tars, liquid including 

road oils and cutback bitumens.

3 UN1999 .... II ............... 3 ............... 149, B13, IB2, T3, 

TP3, TP29.

150 ........... 202 ........... 242 ........... 5 L ............ 60 L .......... B ...............

.................. ................... III .............. 3 ............... B1, B13, IB3, T1, TP3 150 ........... 203 ........... 242 ........... 60 L .......... 220 L ........ A ...............


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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3351 

*******

G ............ Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an 

inhalation toxicity lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50.

6.1 UN3492 .... I ................ 6.1, 8, 3 .... 1, B9, B14, B30, B72, 

T22, TP2, TP13, TP27, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40, 125 

G ............ Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an 

inhalation toxicity lower than or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50.

6.1 UN3493 .... I ................ 6.1, 8, 3 .... 2, B9, B14, B32, B74, 

T20, TP2, TP13, TP27, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40, 125 

*******

G ............ Toxic by inhalation liquid, flammable, corrosive, n.o.s. with an 

inhalation toxicity lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50.

6.1 UN3488 .... I ................ 6.1, 3, 8 .... 1, B9, B14, B30, B72, 

T22, TP2, TP13, TP27, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40, 125 

G ............ Toxic by inhalation liquid, flammable, corrosive, n.o.s. with an 

inhalation toxicity lower than or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50.

6.1 UN3489 .... I ................ 6.1, 3, 8 .... 2, B9, B14, B32, B74, 

T20, TP2, TP13, TP27, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40, 125 

*******

G ............ Toxic by inhalation liquid, water-reactive, 

flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50.

6.1 UN3490 .... I ................ 6.1, 4.3, 3 1, B9, B14, B30, B72, 

T22, TP2, TP13, TP27, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 21, 28, 40, 

49 

G ............ Toxic by inhalation liquid, water-reactive, 

flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50.

6.1 UN3491 .... I ................ 6.1, 4.3, 3 2, B9, B14, B32, B74, 

T20, TP2, TP13, TP27, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 21, 28, 40, 

49 


srobinson on DSKHWCL6B1PROD with MISCELLANEOUS
3352 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations § 172.101 HAZARDOUS

MATERIALS

TABLE

Symbols 

Hazardous materials descriptions and proper shipping names Hazard class or division Identification numbers PG Label codes Special provisions (§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations (see 

§§ 173.27 and 175.75) 

(10) 

Vessel 

stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

*******

Trinitro-m-cresol .......... 1.1D UN0216 .... II ............... 1.1D .......... ..................................... None ......... 62 ............. None ......... Forbidden Forbidden 10 ............. 5E 

* * * * * * * 

Vehicle, flammable gas 

powered or Vehicle, 

fuel cell, flammable gas powered.

9 UN3166 .... ................... 9 ............... 135 .............................. 220 ........... 220 ........... 220 ........... Forbidden No limit ..... A ...............

Vehicle, flammable liquid powered or Vehicle, fuel cell, flammable liquid powered. 9 UN3166 .... ................... 9 ............... 135 .............................. 220 ........... 220 ........... 220 ........... No limit ..... No limit ..... A ...............

* * * * * * * 

[REVISE].

* * * * * * * 

Alcohols, n.o.s. ........... 3 UN1987 .... I ................ 3 ............... 172, T11, TP1, TP8, 

TP27.

4b ............. 201 ........... 243 ........... 1 L ............ 30 L .......... E ...............

.................. ................... II ............... 3 ............... 172, IB2, T7, TP1, 

TP8, TP28.

4b, 150 ..... 202 ........... 242 ........... 5 L ............ 60 L .......... B ...............

.................. ................... III .............. 3 ............... 172, B1, IB3, T4, TP1, 

TP29.

4b, 150 ..... 203 ........... 242 ........... 60 L .......... 220 L ........ A ...............

* * * * * * * 

G ............ Antimony compounds, 

inorganic, liquid, n.o.s.

6.1 UN3141 .... III .............. 6.1 ............ 35, IB3, T7, TP1, TP28 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ A ...............

G ............ Antimony compounds, 

inorganic, solid, n.o.s.

6.1 UN1549 .... III .............. 6.1 ............ 35, IB8, IP3, T1, TP33 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

Argon, refrigerated liquid (cryogenic liquid). 2.2 UN1951 .... ................... 2.2 ............ T75, TP5 ..................... 320 ........... 316 ........... 318 ........... 50 kg ........ 500 kg ...... D ...............

*******

G ............ Arsenic compounds, 

liquid, n.o.s. inorganic, including arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides, n.o.s.; and organic compounds of arsenic, n.o.s.

6.1 UN1556 .... I ................ 6.1 ............ T14, TP2, TP13, TP27 None ......... 201 ........... 243 ........... 1 L ............ 30 L .......... B ............... 40, 137 

.................. ................... II ............... 6.1 ............ IB2, T11, TP2, TP13, 

TP27.

153 ........... 202 ........... 243 ........... 5 L ............ 60 L .......... B ............... 40, 137 

.................. ................... III .............. 6.1 ............ IB3, T7, TP2, TP28 ..... 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ B ............... 40, 137 


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G ............ Arsenic compounds, 

solid, n.o.s. inorganic, including arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides, n.o.s.; and organic compounds of arsenic, n.o.s.

6.1 UN1557 .... I ................ 6.1 ............ IB7, IP1, T6, TP33 ...... None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ A ............... 137 

.................. ................... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... A ............... 137 

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ............... 137 

*******

G ............ Barium compounds, 

n.o.s.

6.1 UN1564 .... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... A ...............

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

G ............ Beryllium compounds, 

n.o.s.

6.1 UN1566 .... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... A ...............

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

G ............ Bromates, inorganic, 

aqueous solution, n.o.s.

5.1 UN3213 .... II ............... 5.1 ............ 350, IB2, T4, TP1 ....... 152 ........... 202 ........... 242 ........... 1 L ............ 5 L ............ B ............... 56, 58, 133 

.................. ................... III .............. 5.1 ............ 350, IB2, T4, TP1 ....... 152 ........... 203 ........... 241 ........... 2.5 L ......... 30 L .......... B ............... 56, 58, 133 

G ............ Bromates, inorganic, 

n.o.s.

5.1 UN1450 .... II ............... 5.1 ............ 350, IB8, IP2, IP4, T3, 

TP33.

152 ........... 212 ........... 242 ........... 5 kg .......... 25 kg ........ A ............... 56, 58 

*******

tert-Butyl isocyanate ... 6.1 UN2484 .... I ................ 6.1, 3 ........ 1, B9, B14, B30, B72, 

T20, TP2, TP13, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40 

*******

G ............ Cadmium compounds 6.1 UN2570 .... I ................ 6.1 ............ IB7, IP1, T6, TP33 ...... None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ A ...............

.................. ................... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... A ...............

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

Carbon dioxide, refrigerated liquid. 2.2 UN2187 .... ................... 2.2 ............ T75, TP5 ..................... 306 ........... 304 ........... 314, 315 ... 50 kg ........ 500 kg ...... D ...............

A W ........ Carbon dioxide, solid 

or Dry ice.

9 UN1845 .... ................... None ......... ..................................... 217 ........... 217 ........... 240 ........... 200 kg ...... 200 kg ...... C ............... 40 

Carbon disulfide .......... 3 UN1131 .... I ................ 3, 6.1 ........ B16, T14, TP2, TP7, 

TP13.

None ......... 201 ........... 243 ........... Forbidden Forbidden D ............... 40, 78, 115 

*******

Cartridges, power device. 1.4S UN0323 .... II ............... 1.4S .......... 110, 347 ...................... 63 ............. 62 ............. 62 ............. 25 kg ........ 100kg ........ 05 .............

*******

D ............ Cartridges power device (used to project 

fastening devices)..

ORM–D None ......... ................... None ......... 347 .............................. 63 ............. None ......... None ......... 30 kg gross 30 kg gross A ...............

*******

Charges, bursting, 

plastics bonded.

1.4S UN0460 .... II ............... 1.4S .......... 347 .............................. None ......... 62 ............. None ......... 25 kg ........ 100 kg ...... 05 .............


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3354 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations § 172.101 HAZARDOUS

MATERIALS

TABLE—Continued 

Symbols 

Hazardous materials descriptions and proper shipping names Hazard class or division Identification numbers PG Label codes Special provisions (§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations (see 

§§ 173.27 and 175.75) 

(10) 

Vessel 

stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

*******

Charges, explosive, 

commercial without detonator.

1.4S UN0445 .... II ............... 1.4S .......... 347 .............................. None ......... 62 ............. None ......... 25 kg ........ 100 kg ...... 05 .............

*******

Charges, shaped, without detonator. 1.4S UN0441 .... II ............... 1.4S .......... 347 .............................. None ......... 62 ............. None ......... 25 kg ........ 100 kg ...... 05 .............

*******

G ............ Chlorates, inorganic, 

aqueous solution, n.o.s.

5.1 UN3210 .... II ............... 5.1 ............ 351, IB2, T4, TP1 ....... 152 ........... 202 ........... 242 ........... 1 L ............ 5 L ............ B ............... 56, 58, 133 

.................. ................... III .............. 5.1 ............ 351, IB2, T4, TP1 ....... 152 ........... 203 ........... 241 ........... 2.5 L ......... 30 L .......... B ............... 56, 58, 133 

G ............ Chlorates, inorganic, 

n.o.s.

5.1 UN1461 .... II ............... 5.1 ............ 351, A9, IB6, IP2, N34, 

T3, TP33.

152 ........... 212 ........... 242 ........... 5 kg .......... 25 kg ........ A ............... 56, 58 

*******

G ............ Chlorites, inorganic, 

n.o.s.

5.1 UN1462 .... II ............... 5.1 ............ 352, A7, IB6, IP2, N34, 

T3, TP33.

152 ........... 212 ........... 242 ........... 5 kg .......... 25 kg ........ A ............... 56, 58 

*******

+ ............. Chloroacetonitrile ........ 6.1 UN2668 .... I ................ 6.1, 3 ........ 2, B9, B14, B32, IB9, 

T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden A ............... 12, 40, 52 

*******

+ ............. Chloropicrin ................. 6.1 UN1580 .... I ................ 6.1 ............ 2, B7, B9, B14, B32, 

B46, T22, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40 

*******

G ............ Chloropicrin mixtures, 

n.o.s.

6.1 UN1583 .... I ................ 6.1 ............ 5 .................................. None ......... 201 ........... 243 ........... Forbidden Forbidden C ............... 40 

.................. ................... II ............... 6.1 ............ IB2 ............................... 153 ........... 202 ........... 243 ........... Forbidden Forbidden C ............... 40 .................. ................... III .............. 6.1 ............ IB3 ............................... 153 ........... 203 ........... 241 ........... Forbidden Forbidden C ............... 40 

*******

Chlorosilanes, corrosive, flammable, 

n.o.s.

8 UN2986 .... II ............... 8, 3 ........... T14, TP2, TP7, TP13, 

TP27.

None ......... 206 ........... 243 ........... Forbidden 30 L .......... C ............... 40 

Chlorosilanes, corrosive, n.o.s. 8 UN2987 .... II ............... 8 ............... B2, T14, TP2, TP7, TP13, TP27. None ......... 206 ........... 242 ........... Forbidden 30 L .......... C ............... 40 

* * * * * * * 

G ............ Chlorosilanes, toxic, 

corrosive, flammable, n.o.s.

6.1 UN3362 .... II ............... 6.1, 3, 8 .... T14, TP2, TP7, TP13, 

TP27.

None ......... 206 ........... 243 ........... 1 L ............ 30 L .......... C ............... 40, 125 

G ............ Chlorosilanes, toxic, 

corrosive, n.o.s.

6.1 UN3361 .... II ............... 6.1, 8 ........ T14, TP2, TP7, TP13, 

TP27.

None ......... 206 ........... 243 ........... 1 L ............ 30 L .......... C ............... 40 

* * * * * * * 

G ............ Compressed gas, n.o.s 2.2 UN1956 .... ................... 2.2 ............ ..................................... 306, 307 ... 302, 305 ... 314, 315 ... 75 kg ........ 150 kg ...... A ...............


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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3355 

*******

Crotonaldehyde or 

Crotonaldehyde, stabilized.

6.1 UN1143 .... I ................ 6.1, 3 ........ 2, 175, B9, B14, B32, 

B77, T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40 

*******

G ............ Cyanide solutions, 

n.o.s.

6.1 UN1935 .... I ................ 6.1 ............ B37, T14, TP2, TP13, 

TP27.

None ......... 201 ........... 243 ........... 1 L ............ 30 L .......... B ............... 40, 52 

.................. ................... II ............... 6.1 ............ IB2, T11, TP2, TP13, 

TP27.

153 ........... 202 ........... 243 ........... 5 L ............ 60 L .......... A ............... 40, 52 

.................. ................... III .............. 6.1 ............ IB3, T7, TP2, TP13, 

TP28.

153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ A ............... 40, 52 

* * * * * * * 

Detonators, electric for 

blasting.

1.4S UN0456 .... II ............... 1.4S .......... 347 .............................. 63(f), 63(g) 62 ............. None ......... 25 kg ........ 100 kg ...... 05 .............

*******

Detonators for ammunition. 1.4S UN0366 .... II ............... 1.4S .......... 347 .............................. None ......... 62 ............. None ......... 25 kg ........ 100 kg ...... 05 .............

*******

Detonators, non-electric for blasting. 1.4S UN0455 .... II ............... 1.4S .......... 347 .............................. 63(f), 63(g) 62 ............. None ......... 25 kg ........ 100 kg ...... 05 .............

*******

Dibenzyldichlorosilane 8 UN2434 .... II ............... 8 ............... B2, T10, TP2, TP7, 

TP13.

154 ........... 206 ........... 242 ........... Forbidden 30 L .......... C ............... 40 

*******

G ............ Elevated temperature 

liquid, flammable, n.o.s., with flash point above 37.8 C, at or above its flash point.

3 UN3256 .... III .............. 3 ............... IB1, T3, TP3, TP29 ..... None ......... None ......... 247 ........... Forbidden Forbidden A ...............

G ............ Elevated temperature 

liquid, n.o.s., at or above 100 C and below its flash point (including molten metals, molten salts, etc.).

9 UN3257 .... III .............. 9 ............... IB1, T3, TP3, TP29 ..... None ......... None ......... 247 ........... Forbidden Forbidden A ............... 85 

G ............ Elevated temperature 

solid, n.o.s., at or above 240 C, see § 173.247(h)(4).

9 UN3258 .... III .............. 9 ............... ..................................... 247(h)(4) ... None ......... 247 ........... Forbidden Forbidden A ............... 85 

*******

G ............ Environmentally hazardous substance, 

solid, n.o.s.

9 UN3077 .... III .............. 9 ............... 8, 146, 335, A112, 

B54, IB8, IP3, N20, T1, TP33.

155 ........... 213 ........... 240 ........... No limit ..... No limit ..... A ...............

*******

Ethanol or Ethyl alcohol or Ethanol solutions or Ethyl alcohol 

solutions.

3 UN1170 .... II ............... 3 ............... 24, IB2, T4, TP1 ......... 4b, 150 ..... 202 ........... 242 ........... 5 L ............ 60 L .......... A ...............

.................. ................... III .............. 3 ............... 24, B1, IB3, T2, TP1 ... 4b, 150 ..... 203 ........... 242 ........... 60 L .......... 220 L ........ A ...............

*******

+ ............. Ethyl isocyanate .......... 6.1 UN2481 .... I ................ 6.1, 3 ........ 1, B9, B14, B30, T20, 

TP2, TP13, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40, 52 


srobinson on DSKHWCL6B1PROD with MISCELLANEOUS
3356 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations § 172.101 HAZARDOUS

MATERIALS

TABLE—Continued 

Symbols 

Hazardous materials descriptions and proper shipping names Hazard class or division Identification numbers PG Label codes Special provisions (§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations (see 

§§ 173.27 and 175.75) 

(10) 

Vessel 

stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

*******

Ethylene oxide or 

Ethylene oxide with nitrogen up to a total pressure of 1 MPa (10 bar) at 50 degrees C.

2.3 UN1040 .... ................... 2.3, 2.1 ..... 4, 342, T50, TP20 ....... None ......... 323 ........... 323 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

G ............ Fluorosilicates, n.o.s ... 6.1 UN2856 .... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ............... 52 

*******

Helium, refrigerated 

liquid (cryogenic liquid).

2.2 UN1963 .... ................... 2.2 ............ T75, TP5 ..................... 320 ........... 316 ........... 318 ........... 50 kg ........ 500 kg ...... D ...............

*******

Hydrogen in a metal 

hydride storage system or Hydrogen in 

a metal hydride storage system contained in equipment or Hydrogen in a metal hydride storage system packed with equipment.

2.1 UN3468 .... ................... 2.1 ............ 167 .............................. None ......... 311 ........... None ......... Forbidden 100 kg 

gross.

D ...............

* * * * * * * 

G ............ Hypochlorites, inorganic, n.o.s. 5.1 UN3212 .... II ............... 5.1 ............ 349, A9, IB8, IP2, IP4, T3, TP33. 152 ........... 212 ........... 240 ........... 5 kg .......... 25 kg ........ D ............... 4, 48, 52, 56, 58, 

69, 106, 116, 118 

* * * * * * * 

+ ............. Isobutyl isocyanate ..... 6.1 UN2486 .... I ................ 6.1, 3 ........ 1, B9, B14, B30, T20, 

TP2, TP13, TP27.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

Isopropanol or Isopropyl alcohol. 3 UN1219 .... II ............... 3 ............... IB2, T4, TP1 ............... 4b, 150 ..... 202 ........... 242 ........... 5 L ............ 60 L .......... B ...............

*******

+ ............. Isopropyl isocyanate ... 6.1 UN2483 .... I ................ 6.1, 3 ........ 1, B9, B14, B30, T20, 

TP2, TP13, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

Krypton, refrigerated 

liquid (cryogenic liquid).

2.2 UN1970 .... ................... 2.2 ............ T75, TP5 ..................... 320 ........... None ......... None ......... 50 kg ........ 500 kg ...... D ...............

*******

G ............ Lead compounds, 

soluble, n.o.s.

6.1 UN2291 .... III .............. 6.1 ............ 138, IB8, IP3, T1, 

TP33.

153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............


srobinson on DSKHWCL6B1PROD with MISCELLANEOUS
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3357 

*******

Medicine, liquid, flammable, toxic, n.o.s. 3 UN3248 .... II ............... 3, 6.1 ........ IB2 ............................... 150 ........... 202 ........... 243 ........... 1 L ............ 60 L .......... B ............... 40 

.................. ................... III .............. 3, 6.1 ........ IB3 ............................... 150 ........... 203 ........... 242 ........... 60 L .......... 220 L ........ A ...............

Medicine, liquid, toxic, 

n.o.s.

6.1 UN1851 .... II ............... 6.1 ............ ..................................... 153 ........... 202 ........... 243 ........... 5 L ............ 60 L .......... C ............... 40 

.................. ................... III .............. 6.1 ............ ..................................... 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ C ............... 40 

Medicine, solid, toxic, 

n.o.s.

6.1 UN3249 .... II ............... 6.1 ............ T3, TP33 ..................... 153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... C ............... 40 

.................. ................... III .............. 6.1 ............ T3, TP33 ..................... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... C ............... 40 

*******

G ............ Mercury compound, 

liquid, n.o.s.

6.1 UN2024 .... I ................ 6.1 ............ ..................................... None ......... 201 ........... 243 ........... 1 L ............ 30 L .......... B ............... 40 

.................. ................... II ............... 6.1 ............ IB2 ............................... 153 ........... 202 ........... 243 ........... 5 L ............ 60 L .......... B ............... 40 .................. ................... III .............. 6.1 ............ IB3 ............................... 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ B ............... 40 

G ............ Mercury compound, 

solid, n.o.s.

6.1 UN2025 .... I ................ 6.1 ............ IB7, IP1, T6, TP33 ...... None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ A ...............

.................. ................... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... A ...............

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

G ............ Metal catalyst, dry ....... 4.2 UN2881 .... I ................ 4.2 ............ N34, T21, TP7, TP33 None ......... 187 ........... None ......... Forbidden Forbidden C ...............

.................. ................... II ............... 4.2 ............ IB6, IP2, N34, T3, 

TP33.

None ......... 187 ........... 242 ........... Forbidden 50 kg ........ C ...............

.................. ................... III .............. 4.2 ............ IB8, IP3, N34, T1, 

TP33.

None ......... 187 ........... 241 ........... 25 kg ........ 100 kg ...... C ...............

G ............ Metal catalyst, wetted 

with a visible excess of liquid.

4.2 UN1378 .... II ............... 4.2 ............ A2, A8, IB1, N34, T3, 

TP33.

None ......... 212 ........... None ......... Forbidden 50 kg ........ C ...............

* * * * * * * 

+ ............. Methacrylonitrile, stabilized. 6.1 UN3079 .... I ................ 6.1, 3 ........ 2, B9, B14, B32, T20, TP2, TP13, TP38, 

TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 12, 40, 48 

* * * * * * * 

+ ............. Methoxymethyl 

isocyanate.

6.1 UN2605 .... I ................ 6.1, 3 ........ 1, B9, B14, B30, T20, 

TP2, TP13, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

Methyl bromide and 

ethylene dibromide mixtures, liquid.

6.1 UN1647 .... I ................ 6.1 ............ 2, B9, B14, B32, N65, 

T20, TP2, TP13, TP38, TP44.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

Methyl iodide ............... 6.1 UN2644 .... I ................ 6.1 ............ 2, B9, B14, B32, T20, 

TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 12, 40 

* * * * * * * 

Methyl isothiocyanate 6.1 UN2477 .... I ................ 6.1, 3 ........ 2, B9, B14, B32, T20, 

TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

Methyl orthosilicate ..... 6.1 UN2606 .... I ................ 6.1, 3 ........ 2, B9, B14, B32, T20, 

TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

Methylphenyldichlorosilane. 8 UN2437 .... II ............... 8 ............... T10, TP2, TP7, TP13 None ......... 206 ........... 242 ........... Forbidden 30 L .......... C ............... 40 


srobinson on DSKHWCL6B1PROD with MISCELLANEOUS
3358 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations § 172.101 HAZARDOUS

MATERIALS

TABLE—Continued 

Symbols 

Hazardous materials descriptions and proper shipping names Hazard class or division Identification numbers PG Label codes Special provisions (§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations (see 

§§ 173.27 and 175.75) 

(10) 

Vessel 

stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

*******

+ ............. Motor fuel anti-knock 

mixtures.

6.1 UN1649 .... I ................ 6.1 ............ 14, B9, B90, T14, TP2, 

TP13.

None ......... 201 ........... 244 ........... Forbidden 30 L .......... D ............... 25, 40 

*******

Neon, refrigerated liquid (cryogenic liquid). 2.2 UN1913 .... ................... 2.2 ............ T75, TP5 ..................... 320 ........... 316 ........... None ......... 50 kg ........ 500 kg ...... D ...............

*******

Nickel carbonyl ........... 6.1 UN1259 .... I ................ 6.1, 3 ........ 1 .................................. None ......... 198 ........... None ......... Forbidden Forbidden D ............... 40, 78 

*******

G ............ Nicotine compounds, 

liquid, n.o.s. or Nicotine preparations, liquid, n.o.s.

6.1 UN3144 .... I ................ 6.1 ............ A4 ................................ None ......... 201 ........... 243 ........... 1 L ............ 30 L .......... B ............... 40 

.................. ................... II ............... 6.1 ............ IB2, T11, TP2, TP27 ... 153 ........... 202 ........... 243 ........... 5 L ............ 60 L .......... B ............... 40 .................. ................... III .............. 6.1 ............ IB3, T7, TP1, TP28 ..... 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ B ............... 40 

G ............ Nicotine compounds, 

solid, n.o.s. or Nicotine preparations, solid, n.o.s.

6.1 UN1655 .... I ................ 6.1 ............ IB7, IP1, T6, TP33 ...... None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ B ...............

.................. ................... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... A ...............

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

G ............ Nitrites, inorganic, 

aqueous solution, n.o.s.

5.1 UN3219 .... II ............... 5.1 ............ IB1, T4, TP1 ............... 152 ........... 202 ........... 242 ........... 1 L ............ 5 L ............ B ............... 46, 56, 58, 

133 

.................. ................... III .............. 5.1 ............ IB2, T4, TP1 ............... 152 ........... 203 ........... 241 ........... 2.5 L ......... 30 L .......... B ............... 46, 56, 58, 

133 

G ............ Nitrites, inorganic, 

n.o.s.

5.1 UN2627 .... II ............... 5.1 ............ 33, IB8, IP2, IP4, T3, 

TP33.

152 ........... 212 ........... None ......... 5 kg .......... 25 kg ........ A ............... 46, 56, 58, 

133 

*******

Nitrogen, refrigerated 

liquid cryogenic liquid.

2.2 UN1977 .... ................... 2.2 ............ 345, 346, T75, TP5 ..... 320 ........... 316 ........... 318 ........... 50 kg ........ 500 kg ...... D ...............

*******

Nitrous oxide, refrigerated liquid. 2.2 UN2201 .... ................... 2.2, 5.1 ..... B6, T75, TP5, TP22 .... None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40 

*******

G ............ Organometallic substance, liquid, 

pyrophoric.

4.2 UN3392 .... I ................ 4.2 ............ B11, T21, TP2, TP7, 

TP36.

None ......... 181 ........... 244 ........... Forbidden Forbidden D ............... 78 

G ............ Organometallic substance, liquid, 

pyrophoric, water-reactive.

4.2 UN3394 .... I ................ 4.2, 4.3 ..... B11, T21, TP2, TP7, 

TP36.

None ......... 181 ........... 244 ........... Forbidden Forbidden D ............... 78 

G ............ Organometallic substance, liquid, waterreactive. 4.3 UN3398 .... I ................ 4.3 ............ T13, TP2, TP7, TP36 None ......... 201 ........... 244 ........... Forbidden 1 L ............ E ............... 40, 52 


srobinson on DSKHWCL6B1PROD with MISCELLANEOUS
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3359 

.................. ................... II ............... 4.3 ............ IB1, T7, TP2, TP7, 

TP36.

None ......... 202 ........... 243 ........... 1 L ............ 5 L ............ E ............... 40, 52 

.................. ................... III .............. 4.3 ............ IB2, T7, TP2, TP7, 

TP36.

None ......... 203 ........... 242 ........... 5 L ............ 60 L .......... E ............... 40, 52 

G ............ Organometallic substance, liquid, waterreactive, flammable. 4.3 UN3399 .... I ................ 4.3, 3 ........ T13, TP2, TP7, TP36 None ......... 201 ........... 244 ........... Forbidden 1 L ............ D ............... 40, 52 

.................. ................... II ............... 4.3, 3 ........ IB1, IP2, T7, TP2, 

TP7, TP36.

None ......... 202 ........... 243 ........... 1 L ............ 5 L ............ D ............... 40, 52 

.................. ................... III .............. 4.3, 3 ........ IB2, IP4, T7, TP2, 

TP7, TP36.

None ......... 203 ........... 242 ........... 5 L ............ 60 L .......... E ............... 40, 52 

G ............ Organometallic substance, solid, 

pyrophoric.

4.2 UN3391 .... I ................ 4.2 ............ T21, TP7, TP33, TP36 None ......... 187 ........... 244 ........... Forbidden Forbidden D ...............

G ............ Organometallic substance, solid, 

pyrophoric, water-reactive.

4.2 UN3393 .... I ................ 4.2, 4.3 ..... B11, T21, TP7, TP33, 

TP36.

None ......... 187 ........... 244 ........... Forbidden Forbidden D ............... 52 

G ............ Organometallic substance, solid, selfheating. 4.2 UN3400 .... II ............... 4.2 ............ IB6, T3, TP33, TP36 ... None ......... 212 ........... 242 ........... 15 kg ........ 50 kg ........ C ...............

.................. ................... III .............. 4.2 ............ IB8, T1, TP33, TP36 ... None ......... 213 ........... 242 ........... 25 kg ........ 100 kg ...... C ...............

G ............ Organometallic substance, solid, waterreactive. 4.3 UN3395 .... I ................ 4.3 ............ N40, T9, TP7, TP33, TP36. None ......... 211 ........... 242 ........... Forbidden 15 kg ........ E ............... 40, 52 

.................. ................... II ............... 4.3 ............ IB4, T3, TP33, TP36 ... 151 ........... 212 ........... 242 ........... 15 kg ........ 50 kg ........ E ............... 40, 52 .................. ................... III .............. 4.3 ............ IB6, T1, TP33, TP36 ... 151 ........... 213 ........... 241 ........... 25 kg ........ 100 kg ...... E ............... 40, 52 

G ............ Organometallic substance, solid, waterreactive, flammable. 4.3 UN3396 .... I ................ 4.3, 4.1 ..... N40, T9, TP7, TP33, TP36. None ......... 211 ........... 242 ........... Forbidden 15 kg ........ E ............... 40, 52 

.................. ................... II ............... 4.3, 4.1 ..... IB4, T3, TP33, TP36 ... 151 ........... 212 ........... 242 ........... 15 kg ........ 50 kg ........ E ............... 40, 52 .................. ................... III .............. 4.3, 4.1 ..... IB6, T1, TP33, TP36 ... 151 ........... 213 ........... 241 ........... 25 kg ........ 100 kg ...... E ............... 40, 52 

G ............ Organometallic substance, solid, waterreactive, self-heating. 4.3 UN3397 .... I ................ 4.3, 4.2 ..... N40, T9, TP7, TP33, TP36. None ......... 211 ........... 242 ........... Forbidden 15 kg ........ E ............... 40, 52 

.................. ................... II ............... 4.3, 4.2 ..... IB4, T3, TP33, TP36 ... None ......... 212 ........... 242 ........... 15 kg ........ 50 kg ........ E ............... 40, 52 .................. ................... III .............. 4.3, 4.2 ..... IB6, T1, TP33, TP36 ... None ......... 213 ........... 241 ........... 25 kg ........ 100 kg ...... E ............... 40, 52 

*******

Oxygen, compressed .. 2.2 UN1072 .... ................... 2.2, 5.1 ..... 110, A14 ..................... 306 ........... 302 ........... 314, 315 ... 75 kg ........ 150 kg ...... A ...............

*******

G ............ Permanganates, inorganic, aqueous solution, n.o.s. 5.1 UN3214 .... II ............... 5.1 ............ 26, 353, IB2, T4, TP1 152 ........... 202 ........... 242 ........... 1 L ............ 5 L ............ D ............... 56, 58, 133, 138 G ............ Permanganates, inorganic, n.o.s. 5.1 UN1482 .... II ............... 5.1 ............ 26, 353, A30, IB6, IP2, T3, TP33. 152 ........... 212 ........... 242 ........... 5 kg .......... 25 kg ........ D ............... 56, 58, 138 

.................. ................... III .............. 5.1 ............ 26, 353, A30, IB8, IP3, 

T1, TP33.

152 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... D ............... 56, 58, 138 

*******

Pentaerythrite 

tetranitrate or Pentaerythritol tetranitrate 

or PETN, with not 

less than 7 percent wax by mass.

1.1D UN0411 .... II ............... 1.1D .......... 120 .............................. None ......... 62 ............. None ......... Forbidden Forbidden 10 .............

*******

Petroleum crude oil ..... 3 UN1267 .... I ................ 3 ............... 144, 357, T11, TP1, 

TP8.

150 ........... 201 ........... 243 ........... 1 L ............ 30 L .......... E ...............

.................. ................... II ............... 3 ............... 144, 357, IB2, T4, 

TP1, TP8.

150 ........... 202 ........... 242 ........... 5 L ............ 60 L .......... B ...............

.................. ................... III .............. 3 ............... 144, 357, B1, IB3, T2, 

TP1.

150 ........... 203 ........... 242 ........... 60 L .......... 220 L ........ A ...............


srobinson on DSKHWCL6B1PROD with MISCELLANEOUS
3360 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations § 172.101 HAZARDOUS

MATERIALS

TABLE—Continued 

Symbols 

Hazardous materials descriptions and proper shipping names Hazard class or division Identification numbers PG Label codes Special provisions (§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations (see 

§§ 173.27 and 175.75) 

(10) 

Vessel 

stowage 

Exceptions Non-bulk Bulk Passenger aircraft/rail Cargo air- craft only Location Other 

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) 

*******

Phenyl mercaptan ....... 6.1 UN2337 .... I ................ 6.1, 3 ........ 2, B9, B14, B32, B77, 

T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40, 52 

G ............ Phenylmercuric compounds, n.o.s. 6.1 UN2026 .... I ................ 6.1 ............ IB7, IP1, T6, TP33 ...... None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ A ...............

.................. ................... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... A ...............

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

+ ............. Phosphorous 

oxychloride.

6.1 UN1810 .... I ................ 6.1, 8 ........ 2, B9, B14, B32, B77, 

N34, T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40 

*******

Polyester resin kit ....... 3 UN3269 .... ................... 3 ............... 40, 149 ........................ 165 ........... 165 ........... None ......... 5 kg .......... 5 kg .......... B ...............

*******

Potassium nitrate ........ 5.1 UN1486 .... III .............. 5.1 ............ A1, A29, IB8, IP3, T1, 

TP33, W1.

152 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ...............

*******

Powder, smokeless ..... 1.4C UN0509 .... ................... 1.4C .......... ..................................... None ......... 62 ............. None ......... Forbidden 75 kg ........ 06 .............

*******

n-Propyl isocyanate .... 6.1 UN2482 .... I ................ 6.1, 3 ........ 1, B9, B14, B30, T20, 

TP2, TP13, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40 

*******

G ............ Pyrophoric liquid, inorganic, n.o.s. 4.2 UN3194 .... I ................ 4.2 ............ ..................................... None ......... 181 ........... 244 ........... Forbidden Forbidden D ............... 78 G ............ Pyrophoric liquids, organic, n.o.s. 4.2 UN2845 .... I ................ 4.2 ............ B11, T22, TP2, TP7 .... None ......... 181 ........... 244 ........... Forbidden Forbidden D ............... 78 

*******

G ............ Selenates or Selenites 6.1 UN2630 .... I ................ 6.1 ............ IB7, IP1, T6, TP33 ...... None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ E ...............

*******

G ............ Selenium compound, 

liquid, n.o.s.

6.1 UN3440 .... I ................ 6.1 ............ T14, TP2, TP27 .......... None ......... 201 ........... 243 ........... 1 L ............ 30 L .......... B ...............

.................. ................... II ............... 6.1 ............ IB2, T11, TP2, TP27 ... 153 ........... 202 ........... 243 ........... 5 L ............ 60 L .......... B ................................. ................... III .............. 6.1 ............ IB3, T7, TP1, TP28 ..... 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ A ...............

G ............ Selenium compound, 

solid, n.o.s.

6.1 UN3283 .... I ................ 6.1 ............ IB7, IP1, T6, TP33 ...... None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ B ...............

.................. ................... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... B ...............

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

Silicon tetrachloride .... 8 UN1818 .... II ............... 8 ............... A3, A6, B2, B6, T10, 

TP2, TP7, TP13.

None ......... 202 ........... 242 ........... Forbidden 30 L .......... C ............... 40 


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*******

Sodium nitrate ............. 5.1 UN1498 .... III .............. 5.1 ............ A1, A29, IB8, IP3, T1, 

TP33, W1.

152 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ...............

Sodium nitrate and potassium nitrate mixtures. 5.1 UN1499 .... III .............. 5.1 ............ A1, A29, IB8, IP3, T1, TP33, W1. 152 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ...............

* * * * * * * 

+ ............. Sulfuryl chloride .......... 6.1 UN1834 .... I ................ 6.1, 8 ........ 1, B6, B9, B10, B14, 

B30, B77, N34, T22, TP2, TP13, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

G ............ Tellurium compound, 

solid, n.o.s.

6.1 UN3284 .... I ................ 6.1 ............ IB7, IP1, T6, TP33 ...... None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ B ...............

.................. ................... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... B ...............

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

+ ............. Tetranitromethane ....... 6.1 UN1510 .... I ................ 6.1, 5.1 ..... 2, B32, T20, TP2, 

TP13, TP38, TP44.

None ......... 227 ........... None ......... Forbidden Forbidden D ............... 40, 66 

* * * * * * * 

+ ............. Thiophosgene ............. 6.1 UN2474 .... I ................ 6.1 ............ 2, B9, B14, B32, N33, 

N34, T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40, 52 

* * * * * * * 

+ ............. Titanium tetrachloride 6.1 UN1838 .... I ................ 6.1, 8 ........ 2, B7, B9, B14, B32, 

B77, T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

G ............ Vanadium compound, 

n.o.s.

6.1 UN3285 .... I ................ 6.1 ............ IB7, IP1, T6, TP33 ...... None ......... 211 ........... 242 ........... 5 kg .......... 50 kg ........ B ...............

.................. ................... II ............... 6.1 ............ IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... B ...............

.................. ................... III .............. 6.1 ............ IB8, IP3, T1, TP33 ...... 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A ...............

*******

Xenon, refrigerated liquid (cryogenic liquids). 2.2 UN2591 .... ................... 2.2 ............ T75, TP5 ..................... 320 ........... None ......... None ......... 50 kg ........ 500 kg ...... D ...............

*******

Zinc ammonium nitrite 5.1 UN1512 .... II ............... 5.1 ............ IB8, IP4, T3, TP33 ...... None ......... 212 ........... 242 ........... 5 kg .......... 25 kg ........ E ...............

* * * * * * * 


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* * * * * 

■ 8. In § 172.102, the following 

amendments are made: 

■ a. In paragraph (c)(1), special 

provisions 77 and 157 are removed; 

special provisions 15, 40, 78, 110, 130, 

134, 135, 149, 167 and 198 are revised; 

and special provisions 340, 342, 343, 

345, 346, 347, 349, 350, 351, 352, 353, 

and 357 are added; 

■ b. In paragraph (c)(2), special 

provision A59 is removed and special 

provision A112 is added; 

■ c. In paragraph (c)(4), Table 1—IB 

Codes (IBC Codes) is revised; 

■ d. Paragraph (c)(7)(ii) is revised and 

entries for ‘‘T9’’ and ‘‘T21’’ in the ‘‘Table 

of Portable Tank T Codes T1–T22’’ are 

revised; 

■ d. In paragraph (c)(8), special 

provision TP36 is added; and 

■ e. In paragraph (c)(9), special 

provision W1 is added. 

The revisions and additions read as 

follows: 

§ 172.102 Special provisions. 

* * * * * 

(c) * * * 

(1) * * * 

Code/Special Provisions 

* * * * * 

15 This entry applies to ‘‘Chemical 

kits’’ and ‘‘First aid kits’’ containing one 

or more compatible items of hazardous 

materials in boxes, cases, etc. that, for 

example, are used for medical, 

analytical, diagnostic, testing, or repair 

purposes. Kits that are carried on board 

transport vehicles for first aid or 

operating purposes are not subject to the 

requirements of this subchapter. 

* * * * * 

40 Polyester resin kits consist of two 

components: A base material (Class 3, 

Packing Group II or III) and an activator 

(organic peroxide), each separately 

packed in an inner packaging. The 

organic peroxide must be type D, E, or 

F, not requiring temperature control. 

The components may be placed in the 

same outer packaging provided they 

will not interact dangerously in the 

event of leakage. The Packing Group 

assigned will be II or III, according to 

the classification criteria for Class 3, 

applied to the base material. 

Additionally, unless otherwise excepted 

in this subchapter, polyester resin kits 

must be packaged in specification 

combination packagings based on the 

performance level of the base material 

contained within the kit. 

* * * * * 

78 This entry may not be used to 

describe compressed air which contains 

more than 23.5 percent oxygen. 

Compressed air containing greater than 

23.5 percent oxygen must be shipped 

using the description ‘‘Compressed gas, 

oxidizing, n.o.s., UN3156.’’ 

* * * * * 

110 Fire extinguishers transported 

under UN1044 and oxygen cylinders 

transported for emergency use under 

UN1072 may include installed actuating 

cartridges (cartridges, power device of 

Division 1.4C or 1.4S), without changing 

the classification of Division 2.2, 

provided the aggregate quantity of 

deflagrating (propellant) explosives does 

not exceed 3.2 grams per cylinder. 

Oxygen cylinders with installed 

actuating cartridges as prepared for 

transportation must have an effective 

means of preventing inadvertent 

activation. 

* * * * * 

130 ‘‘Batteries, dry, sealed, n.o.s.,’’ 

commonly referred to as dry batteries, 

are hermetically sealed and generally 

utilize metals (other than lead) and/or 

carbon as electrodes. These batteries are 

typically used for portable power 

applications. The rechargeable (and 

some non-rechargeable) types have 

gelled alkaline electrolytes (rather than 

acidic) making it difficult for them to 

generate hydrogen or oxygen when 

overcharged and therefore, 

differentiating them from non-spillable 

batteries. Dry batteries specifically 

covered by another entry in the 

§ 172.101 Table must be transported in 

accordance with the requirements 

applicable to that entry. For example, 

nickel-metal hydride batteries 

transported by vessel in certain 

quantities are covered by another entry 

(see Batteries, nickel-metal hydride, 

UN3496). Dry batteries not specifically 

covered by another entry in the 

§ 172.101 Table are covered by this 

entry (i.e., Batteries, dry, sealed, n.o.s.) 

and are not subject to requirements of 

this subchapter except for the following: 

(a) Incident reporting. For 

transportation by aircraft, a telephone 

report in accordance with § 171.15(a) is 

required if a fire, violent rupture, 

explosion or dangerous evolution of 

heat (i.e., an amount of heat sufficient to 

be dangerous to packaging or personal 

safety to include charring of packaging, 

melting of packaging, scorching of 

packaging, or other evidence) occurs as 

a direct result of a dry battery. For all 

modes of transportation, a written report 

submitted, retained, and updated in 

accordance with § 171.16 is required if 

a fire, violent rupture, explosion or 

dangerous evolution of heat occurs as a 

direct result of a dry battery or batterypowered device. 

(b) Preparation for transport. Batteries 

and battery-powered device(s) 

containing batteries must be prepared 

and packaged for transport in a manner 

to prevent: 

(1) A dangerous evolution of heat; 

(2) Short circuits, including but not 

limited to the following methods: 

(i) Packaging each battery or each 

battery-powered device when 

practicable, in fully enclosed inner 

packagings made of non-conductive 

material; 

(ii) Separating or packaging batteries 

in a manner to prevent contact with 

other batteries, devices or conductive 

materials (e.g., metal) in the packagings; 

or 

(iii) Ensuring exposed terminals or 

connectors are protected with nonconductive caps, non-conductive tape, 

or by other appropriate means; and 

(3) Damage to terminals. If not impact 

resistant, the outer packaging should not 

be used as the sole means of protecting 

the battery terminals from damage or 

short circuiting. Batteries must be 

securely cushioned and packed to 

prevent shifting which could loosen 

terminal caps or reorient the terminals 

to produce short circuits. Batteries 

contained in devices must be securely 

installed. Terminal protection methods 

include but are not limited to the 

following: 

(i) Securely attaching covers of 

sufficient strength to protect the 

terminals; 

(ii) Packaging the battery in a rigid 

plastic packaging; or 

(iii) Constructing the battery with 

terminals that are recessed or otherwise 

protected so that the terminals will not 

be subjected to damage if the package is 

dropped. 

(c) Additional air transport 

requirements. For a battery whose 

voltage (electrical potential) exceeds 9 

volts— 

(1) When contained in a device, the 

device must be packaged in a manner 

that prevents unintentional activation or 

must have an independent means of 

preventing unintentional activation 

(e.g., packaging restricts access to 

activation switch, switch caps or locks, 

recessed switches, trigger locks, 

temperature sensitive circuit breakers, 

etc.); and 

(2) An indication of compliance with 

this special provision must be provided 

by marking each package with the 

words ‘‘not restricted’’ or by including 

the words ‘‘not restricted’’ on a transport 

document such as an air waybill 

accompanying the shipment. 

(d) Used or spent battery exception. 

Used or spent dry batteries of both nonrechargeable and rechargeable designs, 

with a marked rating up to 9-volt that 

are combined in the same package and 


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transported by highway or rail for 

recycling, reconditioning, or disposal 

are not subject to this special provision 

or any other requirement of the HMR. 

Note that batteries utilizing different 

chemistries (i.e., those battery 

chemistries specifically covered by 

another entry in the § 172.101 Table) as 

well as dry batteries with a marked 

rating greater than 9-volt may not be 

combined with used or spent batteries 

in the same package. Note also that this 

exception does not apply to batteries 

that have been reconditioned for reuse. 

* * * * * 

134 This entry only applies to 

vehicles, machinery and equipment 

powered by wet batteries, sodium 

batteries, or lithium batteries that are 

transported with these batteries 

installed. Examples of such items are 

electrically-powered cars, lawn mowers, 

wheelchairs, and other mobility aids. 

Self-propelled vehicles or equipment 

that also contain an internal combustion 

engine must be consigned under the 

entry ‘‘Engine, internal combustion, 

flammable gas powered’’ or ‘‘Engine, 

internal combustion, flammable liquid 

powered’’ or ‘‘Vehicle, flammable gas 

powered’’ or ‘‘Vehicle, flammable liquid 

powered,’’ as appropriate. These entries 

include hybrid electric vehicles 

powered by both an internal combustion 

engine and batteries. Additionally, selfpropelled vehicles or equipment that 

contain a fuel cell engine must be 

consigned under the entries ‘‘Engine, 

fuel cell, flammable gas powered’’ or 

‘‘Engine, fuel cell, flammable liquid 

powered’’ or ‘‘Vehicle, fuel cell, 

flammable gas powered’’ or ‘‘Vehicle, 

fuel cell, flammable liquid powered,’’ as 

appropriate. These entries include 

hybrid electric vehicles powered by a 

fuel cell engine, an internal combustion 

engine, and batteries. 

135 Internal combustion engines 

installed in a vehicle must be consigned 

under the entries ‘‘Vehicle, flammable 

gas powered’’ or ‘‘Vehicle, flammable 

liquid powered,’’ as appropriate. These 

entries include hybrid electric vehicles 

powered by both an internal combustion 

engine and wet, sodium or lithium 

batteries installed. If a fuel cell engine 

is installed in a vehicle, the vehicle 

must be consigned using the entries 

‘‘Vehicle, fuel cell, flammable gas 

powered’’ or ‘‘Vehicle, fuel cell, 

flammable liquid powered,’’ as 

appropriate. These entries include 

hybrid electric vehicles powered by a 

fuel cell, an internal combustion engine, 

and wet, sodium or lithium batteries 

installed. 

* * * * * 

149 Except for transportation by 

aircraft, when transported as a limited 

quantity or a consumer commodity, the 

maximum net capacity specified in 

§ 173.150(b)(2) of this subchapter for 

inner packagings may be increased to 5 

L (1.3 gallons). 

* * * * * 

167 These storage systems must 

always be considered as containing 

hydrogen. A metal hydride storage 

system installed in or intended to be 

installed in a vehicle or equipment or in 

vehicle or equipment components must 

be approved for transport by the 

Associate Administrator. A copy of the 

approval must accompany each 

shipment. 

* * * * * 

198 Nitrocellulose solutions 

containing not more than 20% 

nitrocellulose may be transported as 

paint, perfumery products, or printing 

ink, as applicable, provided the 

nitrocellulose contains no more 12.6% 

nitrogen (by dry mass). See UN1210, 

UN1263, UN1266, UN3066, UN3469, 

and UN3470. 

* * * * * 

340 This entry applies only to the 

vessel transportation of nickel-metal 

hydride batteries as cargo. Nickel-metal 

hydride button cells or nickel-metal 

hydride cells or batteries packed with or 

contained in battery-powered devices 

transported by vessel are not subject to 

the requirements of this special 

provision. See ‘‘Batteries, dry, sealed, 

n.o.s.’’ in the § 172.101 Hazardous 

Materials Table (HMT) of this part for 

transportation requirements for nickelmetal hydride batteries transported by 

other modes and for nickel-metal 

hydride button cells or nickel-metal 

hydride cells or batteries packed with or 

contained in battery-powered devices 

transported by vessel. Nickel-metal 

hydride batteries subject to this special 

provision are subject only to the 

following requirements: (1) The 

batteries must be prepared and 

packaged for transport in a manner to 

prevent a dangerous evolution of heat, 

short circuits, and damage to terminals; 

and are subject to the incident reporting 

in accordance with § 171.16 of this 

subchapter if a fire, violent rupture, 

explosion or dangerous evolution of 

heat (i.e., an amount of heat sufficient to 

be dangerous to packaging or personal 

safety to include charring of packaging, 

melting of packaging, scorching of 

packaging, or other evidence) occurs as 

a direct result of a nickel metal hydride 

battery; and (2) when loaded in a cargo 

transport unit in a total quantity of 100 

kg gross mass or more, the shipping 

paper requirements of Subpart C of this 

part, the manifest requirements of 

§ 176.30 of this subchapter, and the 

vessel stowage requirements assigned to 

this entry in Column (10) of the 

§ 172.101 Hazardous Materials Table. 

* * * * * 

342 Glass inner packagings (such as 

ampoules or capsules) intended only for 

use in sterilization devices, when 

containing less than 30 mL of ethylene 

oxide per inner packaging with not 

more than 300 mL per outer packaging, 

may be transported in accordance with 

§ 173.4a of this subchapter, irrespective 

of the restriction of § 173.4a(b) provided 

that: 

a. After filling, each glass inner 

packaging must be determined to be 

leak-tight by placing the glass inner 

packaging in a hot water bath at a 

temperature and for a period of time 

sufficient to ensure that an internal 

pressure equal to the vapor pressure of 

ethylene oxide at 55 °C is achieved. Any 

glass inner packaging showing evidence 

of leakage, distortion or other defect 

under this test must not be transported 

under the terms of this special 

provision; 

b. In addition to the packaging 

required in § 173.4a, each glass inner 

packaging must be placed in a sealed 

plastic bag compatible with ethylene 

oxide and capable of containing the 

contents in the event of breakage or 

leakage of the glass inner packaging; and 

c. Each glass inner packaging is 

protected by a means of preventing 

puncture of the plastic bag (e.g., sleeves 

or cushioning) in the event of damage to 

the packaging (e.g., by crushing). 

343 A bulk packaging that emits 

hydrogen sulfide in sufficient 

concentration that vapors evolved from 

the crude oil can present an inhalation 

hazard must be marked as specified in 

§ 172.327of this part. 

345 ‘‘Nitrogen, refrigerated liquid 

(cryogenic liquid), UN1977’’ transported 

in open cryogenic receptacles with a 

maximum capacity of 1 L are not subject 

to the requirements of this subchapter. 

The receptacles must be constructed 

with glass double walls having the 

space between the walls vacuum 

insulated and each receptacle must be 

transported in an outer packaging with 

sufficient cushioning and absorbent 

materials to protect the receptacle from 

damage. 

346 ‘‘Nitrogen, refrigerated liquid 

(cryogenic liquid), UN1977’’ transported 

in accordance with the requirements for 

open cryogenic receptacles in § 173.320 

and this special provision are not 

subject to any other requirements of this 

subchapter. The receptacle must contain 

no hazardous materials other than the 


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liquid nitrogen which must be fully 

absorbed in a porous material in the 

receptacle. 

347 Effective July 1, 2011, for 

transportation by aircraft, this entry may 

only be used if the results of Test series 

6(d) of Part I of the UN Manual of Tests 

and Criteria (IBR, see § 171.7 of this 

subchapter) have demonstrated that any 

hazardous effects from accidental 

functioning are confined to within the 

package. Effective January 1, 2012, for 

transportation by vessel, this entry may 

only be used if the results of Test Series 

6(d) of Part I of the UN Manual of Tests 

and Criteria (IBR, see § 171.7 of this 

subchapter) have demonstrated that any 

hazardous effects from accidental 

functioning are confined to within the 

package. Effective January 1, 2014, for 

transportation domestically by highway 

or rail, this entry may only be used if 

the results of Test Series 6(d) of Part I 

of the UN Manual of Tests and Criteria 

(IBR, see § 171.7 of this subchapter) 

have demonstrated that any hazardous 

effects from accidental functioning are 

confined to within the package. Testing 

must be performed or witnessed by a 

person who is approved by the 

Associate Administrator (see § 173.56(b) 

of this subchapter). All successfully 

conducted tests or reassignment to 

another compatibility group require the 

issuance of a new or revised approval by 

the Associate Administrator prior to 

transportation on or after the dates 

specified for each authorized mode of 

transport in this special provision. 

349 Mixtures of hypochlorite with 

an ammonium salt are forbidden for 

transport. A hypochlorite solution, 

UN1791, is a Class 8 corrosive material. 

350 Ammonium bromate, 

ammonium bromate aqueous solutions, 

and mixtures of a bromate with an 

ammonium salt are forbidden for 

transport. 

351 Ammonium chlorate, 

ammonium chlorate aqueous solutions, 

and mixtures of a chlorate with an 

ammonium salt are forbidden for 

transport. 

352 Ammonium chlorite, 

ammonium chlorite aqueous solutions, 

and mixtures of a chlorite with an 

ammonium salt are forbidden for 

transport. 

353 Ammonium permanganate, 

ammonium permanganate aqueous 

solutions, and mixtures of a 

permanganate with an ammonium salt 

are forbidden for transport. 

357 A bulk packaging that emits 

hydrogen sulfide in sufficient 

concentration that vapors evolved from 

the crude oil can present an inhalation 

hazard must be marked as specified in 

§ 172.327 of this part. 

(2) * * * 

Code/Special Provisions 

* * * * * 

A112 Notwithstanding the quantity 

limits shown in Column (9A) and (9B) 

for this entry, the following IBCs are 

authorized for transportation aboard 

passenger and cargo-only aircraft. Each 

IBC may not exceed a maximum net 

quantity of 1,000 kg: 

a. Metal: 11A, 11B, 11N, 21A, 21B and 

21N 

b. Rigid plastics: 11H1, 11H2, 21H1 

and 21H2 

c. Composite with plastic inner 

receptacle: 11HZ1, 11HZ2, 21HZ1 and 

21HZ2 

d. Fiberboard: 11G 

e. Wooden: 11C, 11D and 11F (with 

inner liners) 

f. Flexible: 13H2, 13H3, 13H4, 13H5, 

13L2, 13L3, 13L4, 13M1 and 13M2 

(flexible IBCs must be sift-proof and 

water resistant or must be fitted with a 

sift-proof and water resistant liner). 

* * * * * 

(4) * * * 

TABLE 1—IB CODES (IBC CODES) 

IBC code Authorized IBCs 

IB1 .................... Authorized IBCs: Metal (31A, 31B and 31N). 

Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130 

kPa at 55 °C (1.3 bar at 131 °F) are authorized. 

IB2 .................... Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1). 

Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130 

kPa at 55 °C (1.3 bar at 131 °F) are authorized. 

IB3 .................... Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1 and 31HA2, 31HB2, 31HN2, 

31HD2 and 31HH2). 

Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130 

kPa at 55 °C (1.3 bar at 131 °F) are authorized, except for UN2672 (also see Special Provision IP8 in Table 2 for UN2672). 

IB4 .................... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N). 

IB5 .................... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2); 

Composite (11HZ1, 21HZ1 and 31HZ1). 

IB6 .................... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2); 

Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2). 

Additional Requirement: Composite IBCs 11HZ2 and 21HZ2 may not be used when the hazardous materials being transported may become liquid during transport. 

IB7 .................... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2); 

Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2); Wooden (11C, 11D and 11F). 

Additional Requirement: Liners of wooden IBCs must be sift-proof. 

IB8 .................... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2); 

Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2); Fiberboard (11G); Wooden (11C, 11D and 11F); Flexible 

(13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 13M1 or 13M2). 

IB9 .................... IBCs are only authorized if approved by the Associate Administrator. 

* * * * * 

(7) * * * 

(ii) The following table specifies the 

portable tank requirements applicable to 

‘‘T’’ Codes T1 through T22. Column 1 

specifies the ‘‘T’’ Code. Column 2 

specifies the minimum test pressure, in 

bar (1 bar = 14.5 psig), at which the 

periodic hydrostatic testing required by 

§ 180.605 of this subchapter must be 

conducted. Column 3 specifies the 

section reference for minimum shell 

thickness or, alternatively, the 

minimum shell thickness value. Column 

4 specifies the applicability of 

§ 178.275(g)(3) of this subchapter for the 

pressure relief devices. When the word 

‘‘Normal’’ is indicated, § 178.275(g)(3) of 

this subchapter does not apply. Column 

5 references applicable requirements for 

bottom openings in part 178 of this 


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subchapter. ‘‘Prohibited’’ means bottom 

openings are prohibited, and 

‘‘Prohibited for liquids’’ means bottom 

openings are authorized for solid 

material only. The table follows: 

TABLE OF PORTABLE TANK T CODES T1–T22 

[Portable tank codes T1–T22 apply to liquid and solid hazardous materials of Classes 3 through 9 which are transported in portable tanks.] 

Portable tank instruction 

Minimum test 

pressure 

(bar) 

Minimum shell 

thickness 

(in mm-reference steel) 

(See 

§ 178.274(d)) 

Pressure relief requirements 

(See § 178.275(g)) 

Bottom opening requirements 

(See § 178.275(d)) 

(1) (2) (3) (4) (5) 

*******

T9 ..................... 4 6 mm ................ Normal ...................................................... Prohibited for liquids. 

§ 178.275(d)(2) 

*******

.

T21 ................... 10 10 mm .............. Normal ...................................................... Prohibited for liquids.

§ 178.275(d)(2) 

*******

* * * * * 

(8) * * * 

Code/Special Provisions 

* * * * * 

TP36 For material assigned this 

portable tank special provision, portable 

tanks used to transport such material 

may be equipped with fusible elements 

in the vapor space of the portable tank. 

* * * * * 

(9) * * * 

Code/Special Provisions 

W1 This substance in a non friable 

prill or granule form is not subject to the 

requirements of this subchapter when 

tested in accordance with the UN 

Manual of Test and Criteria (IBR, see 

§ 171.7 of this subchapter) and is found 

to not meet the definition or criteria for 

inclusion in Division 5.1. 

* * * * * 

■ 9. In § 172.200, paragraph (b)(3) is 

revised to read as follows: 

§ 172.200 Applicability. 

* * * * * 

(b) * * * 

(3) A limited quantity package unless 

the material is offered or intended for 

transportation by air or vessel and, until 

December 31, 2013, a package of ORM– 

D material authorized by this 

subchapter in effect on October 1, 2010 

when offered for transportation by 

highway or rail. 

* * * * * 

■ 10. In § 172.203, paragraph (b) is 

revised to read as follows: 

§ 172.203 Additional description 

requirements. 

* * * * * 

(b) Limited quantities. When a 

shipping paper is required by this 

subchapter, the description for a 

material offered for transportation as 

‘‘limited quantity,’’ as authorized by this 

subchapter, must include the words 

‘‘Limited Quantity’’ or ‘‘Ltd Qty’’ 

following the basic description. 

* * * * * 

■ 11. In § 172.300, paragraph (c) is 

added to read as follows: 

§ 172.300 Applicability. 

* * * * * 

(c) Unless otherwise provided in a 

specific rule, stocks of preprinted 

packagings marked in accordance with 

this subpart prior to the effective date of 

a final rule may be continued in use, in 

the manner previously authorized, until 

depleted or for a one-year period 

subsequent to the compliance date of 

the marking amendment, whichever is 

less. 

■ 12. In § 172.301, paragraph (a)(1) is 

revised to read as follows: 

§ 172.301 General marking requirements 

for non-bulk packagings. 

(a) Proper shipping name and 

identification number. (1) Except as 

otherwise provided by this subchapter, 

each person who offers a hazardous 

material for transportation in a non-bulk 

packaging must mark the package with 

the proper shipping name and 

identification number (preceded by 

‘‘UN’’, ‘‘NA’’ or ‘‘ID,’’ as appropriate) for 

the material as shown in the § 172.101 

Table. 

* * * * * 

■ 13. In § 172.312, paragraph (c)(5) is 

revised to read as follows: 

§ 172.312 Liquid hazardous materials in 

non-bulk packagings. 

* * * * * 

(c) * * * 

(5) A non-bulk package with 

hermetically sealed inner packagings 

not exceeding 500 mL each. 

* * * * * 

■ 14. Section 172.315 is revised to read 

as follows: 

§ 172.315 Limited quantities. 

(a) Except for transportation by 

aircraft or as otherwise provided in this 

subchapter, a package containing a 

limited quantity of hazardous material 

is not required to be marked with the 

proper shipping name and identification 

(ID) number when marked in 

accordance with the white square-onpoint limited quantity marking as 

follows: 

(1) The limited quantity marking must 

be durable, legible and of a size relative 

to the package that is readily visible. 

The marking must be applied on at least 

one side or one end of the outer 

packaging. The width of the border 

forming the square-on-point must be at 

least 2 mm and the minimum 

dimension of each side must be 100 mm 

unless the package size requires a 

reduced size marking that must be no 

less than 50 mm on each side. When 

intended for transportation by vessel, a 

cargo transport unit (see § 176.2 of this 


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subchapter) containing only limited 

quantity material must be suitably 

marked on one side or end of the 

exterior of the unit with an identical 

mark except that it must have minimum 

dimensions of 250 mm on each side. 

(2) The top and bottom portions of the 

square-on-point and the border forming 

the square-on-point must be black and 

the center white or of a suitable 

contrasting background as follows: 

(b) For transportation by aircraft, a 

limited quantity package conforming to 

Table 3 of § 173.27(f) of this subchapter 

must be marked as follows: 

(1) The marking must be durable, 

legible and of a size relative to the 

package as to be readily visible. The 

marking must be applied on at least one 

side or one end of the outer packaging. 

The width of the border forming the 

square-on-point must be at least 2 mm 

and the minimum dimension of each 

side must be 100 mm unless the package 

size requires a reduced size marking 

that must be no less than 50 mm on 

each side. 

(2) The top and bottom portions of the 

square-on-point and the border forming 

the square-on-point must be black and 

the center white or of a suitable 

contrasting background and the symbol 

‘‘Y’’ must be black and located in the 

center of the square-on-point and be 

clearly visible as follows: 

(c) As applicable, package markings 

required by this subpart (e.g., technical 

name, ‘‘RQ’’) must be in association with 

the marking required by paragraph (a) or 

(b) of this section. 

(d) Transitional exception. Except for 

transportation by aircraft, until 

December 31, 2013, a package properly 

marked in accordance with § 172.316 is 

not required to be marked with the 

limited quantity marking required by 

this section. For transportation by 

aircraft, until December 31, 2012, a 

package properly marked in accordance 

with § 172.316 is not required to be 

marked with the limited quantity 

marking required by this section. 

■ 15. In § 172.316, paragraphs (a)(1) and 

(2) are revised to read as follows: 


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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 3367 

§ 172.316 Packagings containing materials 

classed as ORM–D. 

(a) * * * 

(1) Until December 31, 2012, ORM–D– 

AIR for an ORM–D that is prepared for 

air shipment and packaged in 

accordance with §§ 173.63, 173.150 

through 173.155, 173.306 and the 

applicable requirements in § 173.27. 

(2) Until December 31, 2013, ORM–D 

for an ORM–D that is packaged in 

accordance with §§ 173.63, 173.150 

through 173.155 and 173.306. 

* * * * * 

■ 16. In § 172.322, paragraph (d)(4) is 

added to read as follows: 

§ 172.322 Marine pollutants. 

* * * * * 

(d) * * * 

(4) On a package of limited quantity 

material marked in accordance with 

§ 172.315 of this part. 

* * * * * 

■ 17. In § 172.324, 

■ a. The first sentence in paragraph (a) 

is revised; 

■ b. Paragraph (b) is revised; and 

■ c. Paragraph (c) is added. 

The revisions and addition read as 

follows: 

§ 172.324 Hazardous substances in nonbulk packagings. 

* * * * * 

(a) Except for packages of radioactive 

material labeled in accordance with 

§ 172.403, if the proper shipping name 

of a material that is a hazardous 

substance does not identify the 

hazardous substance by name, the name 

of the hazardous substance must be 

marked on the package, in parentheses, 

in association with the proper shipping 

name. * * * 

(b) The letters ‘‘RQ’’ must be marked 

on the package in association with the 

proper shipping name. 

(c) A package of limited quantity 

material marked in accordance with 

§ 172.315 must also be marked in 

accordance with the applicable 

requirements of this section. 

■ 18. In § 172.326, in paragraph (a), a 

second sentence is added to read as 

follows: 

§ 172.326 Portable tanks. 

(a) Shipping name. * * * For 

transportation by vessel, the minimum 

height for a proper shipping name 

marked on a portable tank is 65 mm (2.5 

inches). 

* * * * * 

■ 19. In Subpart D, § 172.327 is added 

to read as follows: 

§ 172.327 Petroleum sour crude oil in bulk 

packaging. 

A Bulk packaging used to transport 

petroleum crude oil containing 

hydrogen sulfide (i.e., sour crude oil) in 

sufficient concentration that vapors 

evolved from the crude oil may present 

an inhalation hazard must include a 

marking, label, tag, or sign to warn of 

the toxic hazard as follows: 

(a) The marking must be durable, 

legible and of a size relative to the 

package as to be readily visible and 

similar to the illustration shown in this 

paragraph with the minimum 

dimension of each side of the marking 

at least 100 mm (3.9 inches). The width 

of the border forming the square-onpoint marking must be at least 5 mm. 

The marking must be displayed at each 

location (e.g., manhole, loading head) 

where exposure to hydrogen sulfide 

vapors may occur. 

(b) The border of the square-on-point 

must be black or red on a white or other 

suitable contrasting background. The 

symbol must be black and located in the 

center of the square-on-point and be 

clearly visible as follows: 

(c) As an alternative to the marking 

required in (a) and (b) of this section, a 

label, tag, or sign may be displayed at 

each location (e.g., manhole, loading 

head) where exposure to hydrogen 

sulfide vapors may occur. The label, tag, 

or sign must be durable, in English, and 

printed legibly and of a size relative to 

the package with a warning statement 

such as ‘‘Danger, Possible Hydrogen 

Sulfide Inhalation Hazard’’ to 

communicate the possible risk of 

exposure to harmful concentrations of 

hydrogen sulfide gas. 

■ 20. In § 172.500, paragraph (b)(3) is 

revised to read as follows: 

§ 172.500 Applicability of placarding 

requirements. 

* * * * * 

(b) * * * 

(3) Hazardous materials authorized by 

this subchapter to be offered for 

transportation as a limited quantity 

when identified as such on a shipping 

paper in accordance with § 172.203(b) 

or when marked as such in accordance 

with § 172.315. 

■ 21. In § 172.502, paragraph (b)(2) is 

revised to read as follows: 

§ 172.502 Prohibited and permissive 

placarding. 

* * * * * 

(b) * * * 

(2) The restrictions of paragraph (a) of 

this section do not apply to the display 

of a BIOHAZARD marking, a ‘‘HOT’’ 


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marking, a sour crude oil hazard 

marking, or an identification number on 

a white square-on-point configuration in 

accordance with §§ 172.323(c), 

172.325(c), 172.327(a), or 172.336(b) of 

this part, respectively. 

* * * * * 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 22. The authority citation for part 173 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.45, 1.53. 

■ 23. In § 173.4, paragraphs (a) 

introductory text and (c) are revised and 

paragraph (a)(1)(v) is added to read as 

follows: 

§ 173.4 Small quantities for highway and 

rail. 

(a) When transported domestically by 

highway or rail in conformance with 

this section, quantities of Division 2.2 

(except aerosols with no subsidiary 

hazard), Class 3, Division 4.1, Division 

4.2 (PG II and III), Division 4.3 (PG II 

and III), Division 5.1, Division 5.2, 

Division 6.1, Class 7, Class 8, and Class 

9 materials are not subject to any other 

requirements when— 

(1) * * * 

(v) Thirty (30) mL water capacity (1.8 

cubic inches) for authorized Division 

2.2 materials. 

* * * * * 

(c) Packages which contain a Class 2 

(other than those authorized in 

paragraph (a) of this section), Division 

4.2 (PG I), or Division 4.3 (PG I) material 

conforming to paragraphs (a)(1) through 

(10) of this section may be offered for 

transportation or transported if 

approved by the Associate 

Administrator. 

* * * * * 

■ 24. In § 173.4a, paragraphs (a)(4) and 

(g)(3) are added and paragraphs (b)(1), 

(b)(5), and (d)(3) are revised to read as 

follows: 

§ 173.4a Excepted quantities. 

(a) * * * 

(4) Packagings for which retention of 

liquid is a basic function must be 

capable of withstanding without leakage 

the pressure differential specified in 

§ 173.27(c) of this part. 

(b) * * * 

(1) Division 2.2 material with no 

subsidiary hazard. An aerosol is not 

included as authorized Division 2.2 

material; 

* * * * * 

(5) Division 5.2 materials only when 

contained in a chemical kit, first aid kit 

or a polyester resin kit; 

* * * * * 

(d) * * * 

(3) For Division 5.2 material, 500 g 

(1.1 pounds) for solids or 500 mL (0.1 

gallons) for liquids. 

* * * * * 

(g) * * * 

(3) When packages of excepted 

quantities are contained in an overpack, 

and the package marking required by 

this section is not visible inside the 

overpack, the excepted quantities 

marking must also be placed on the 

overpack. Additionally, an overpack 

containing packages of excepted 

quantities is not required to be marked 

with the word ‘‘OVERPACK.’’ 

* * * * * 

■ 25. In § 173.4b, paragraph (b) is added 

to read as follows: 

§ 173.4b De minimis exceptions. 

* * * * * 

(b) Non-infectious specimens, such as 

specimens of mammals, birds, 

amphibians, reptiles, fish, insects and 

other invertebrates containing small 

quantities of Ethanol (UN1170), 

Formaldehyde solution, flammable 

(UN1198), Alcohols, n.o.s. (UN1987) 

and Isopropanol (UN1219) are not 

subject to the requirements of this 

subchapter provided the following 

packaging, marking and documentation 

provisions, as applicable, are met: 

(1) The specimens are: 

(i) Wrapped in a paper towel or 

cheesecloth moistened with alcohol or 

an alcohol solution and placed in a 

plastic bag that is heat-sealed. Any free 

liquid in the bag must not exceed 30 

mL; or 

(ii) Placed in vials or other rigid 

containers with no more than 30 mL of 

alcohol or alcohol solution. The 

containers are placed in a plastic bag 

that is heat-sealed; 

(2) The bagged specimens are placed 

in another plastic bag with sufficient 

absorbent material to absorb the entire 

liquid contents inside the primary 

receptacle. The outer plastic bag is then 

heat-sealed; 

(3) The completed bag is placed in a 

strong outer packaging with sufficient 

cushioning material that conforms to 

subpart B of part 173; 

(4) The aggregate net quantity of 

flammable liquid in one outer packaging 

may not exceed 1 L; and 

(5) The outer package must be legibly 

marked ‘‘Scientific research specimens, 

49 CFR 173.4b applies.’’ 

(6) Documentation. (i) For 

transportation by highway or rail, no 

shipping paper is required. 

(ii) For transport by air, a shipping 

paper is not required, except that, if a 

document such as an air waybill 

accompanies a shipment of specimens 

containing hazardous materials 

excepted under the terms of this section, 

the document must include the 

statement ‘‘Scientific research 

specimens, 49 CFR 173.4b applies’’ and 

the number of packages indicated. 

(iii) For transport by vessel, a 

shipping paper is not required; 

however, the Dangerous Cargo Manifest 

must include the statement ‘‘Scientific 

research specimens, 49 CFR 173.4b 

applies’’ and the number of packages 

indicated. Vessel stowage is the same as 

for hazardous materials in excepted 

quantities. 

(7) Training. Each person who offers 

or transports excepted quantities of 

hazardous materials must know about 

the requirements of this section. 

(8) Restrictions. For transportation by 

aircraft, hazardous material packaged in 

accordance with this section may not be 

carried in checked or carry-on baggage 

by a passenger or crew member. 

■ 26. In § 173.25, paragraph (a)(6) is 

added to read as follows: 

§ 173.25 Authorized packagings and 

overpacks. 

(a) * * * 

(6) Where packages of limited 

quantity materials are overpacked and, 

until December 31, 2012 or December 

31, 2013, packages bearing the ORM–D 

AIR or ORM–D marking, respectively, 

must be marked ‘‘OVERPACK’’ unless all 

marking required by this section are 

visible. Where packages of excepted 

quantities (see § 173.4a of this part) are 

overpacked and all required markings 

are not visible through the overpack, 

they must be repeated on the overpack. 

An overpack containing packages of 

excepted quantities is not required to be 

marked ‘‘OVERPACK.’’ 

* * * * * 

■ 27. In § 173.27, remove paragraph (f) 

introductory text and add paragraphs 

(f)(1) through (3) and table 3 to read as 

follows: 

§ 173.27 General requirements for 

transportation by aircraft. 

* * * * * 

(f) Combination packagings. (1) 

Excepted quantities. For authorized 

materials and inner and outer package 

quantity limits for combination 

packages of excepted quantities 

intended for transportation by aircraft, 

see § 173.4a of this part. Unless 

otherwise specified in this part, or in 

Subpart C of part 171 of this subchapter, 

when combination packagings are 

intended for transportation aboard an 


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aircraft, inner packagings must conform 

to the quantity limitations set forth in 

table 1 of this paragraph for transport 

aboard passenger-carrying aircraft and 

table 2 of this paragraph for transport 

aboard cargo-only aircraft. 

(2) Limited quantities. (i) Unless 

otherwise specified in this part, or in 

Subpart C of Part 171 of this subchapter, 

when a limited quantity of authorized 

hazardous material packaged in a 

combination packaging is intended for 

transportation aboard an aircraft, the 

inner packagings must conform to the 

quantity limitations set forth in table 3 

of this paragraph. Materials must be 

authorized for transportation aboard a 

passenger-carrying aircraft (see Column 

(9A) of the § 172.101 Hazardous 

Materials Table). Substances or articles 

not authorized as limited quantity by 

aircraft are: 

(A) Those in Packing Group I; 

(B) Class 1 (explosive) and Class 7 

(radioactive) material; 

(C) Divisions 2.1 (flammable gas) 

(except Aerosols (UN1950) and 

Receptacles, small (UN2037) without 

subsidiary risk) and Division 2.3 (toxic 

gas); 

(D) Divisions 4.1 (self-reactive), 4.2 

(spontaneously combustible) (primary 

or subsidiary risk), and 4.3 (dangerous 

when wet) (liquids); 

(E) Division 5.2 (organic peroxide) 

(except when contained in a Chemical 

or First aid kit (UN3316) or Polyester 

resin kit (UN3269) (Types D, E and F 

non-temperature controlled only)); 

(F) Class 8 (corrosive) materials 

UN2794, UN2795, UN2803, UN2809, 

3028; and 

(G) All Class 9 (miscellaneous) 

materials except for UN1941, UN1990, 

UN2071, UN3077, UN3082, UN3316. 

(ii) Effective January 1, 2012, packages 

must be marked with the limited 

quantity ‘‘Y’’ mark as prescribed in 

§ 172.315 of this part when conforming 

to Table 3 of this paragraph. Until 

December 31, 2012, a package may 

instead be marked with the proper 

shipping name ‘‘Consumer commodity’’ 

and ‘‘ORM–D–AIR’’ (including 

‘‘Charcoal, NA1361) if it contains a 

consumer commodity, as authorized by 

this subchapter in effect on October 1, 

2010. 

(iii) Strong outer packagings are 

required and a completed package may 

not exceed 30 kg (66 lbs) gross weight. 

(iv) A secondary means of closure 

required for all liquids contained in 

inner packagings. If this requirement 

cannot be satisfied, the use of an 

intermediate and leakproof form of 

containment, such as a liner, is 

required. 

(v) Packages must be capable of 

passing a 1.2 m drop test on to a rigid, 

non-resilient, flat and horizontal 

surface, in the position most likely to 

cause damage. The criteria for passing 

the test is that the outer packaging must 

not exhibit any damage affecting safety 

in transport and there must be no 

leakage from the inner packagings. 

(vi) Each package must be capable of 

withstanding, without breakage or 

leakage of any inner packaging, a force 

applied to the top surface for a duration 

of 24 hours equivalent to the total 

weight of identical packages if stacked 

to a height of 3 m (including the test 

sample). 

(vii) Except for UN3082, inner 

packagings of combination packagings 

containing liquids must be capable of 

passing the appropriate pressure 

differential test prescribed in paragraph 

(c) of this section. 

(3) The tables are as follows: 

* * * * * 

TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING FOR MATERIALS AUTHORIZED FOR TRANSPORTATION AS

LIMITED QUANTITY BY AIRCRAFT

Hazard class or 

division 

Maximum authorized net 

quantity of each inner packaging Maximum authorized 

net quantity of each 

outer package 

Notes 

Glass, earthenware or 

fiber inner packagings 

Metal or 

plastic inner packagings 

Class 1 ....................... Forbidden. See § 173.63. 

Class 2 ....................... 30 kg Gross ............... Authorized materials: Aerosols (UN1950) in 

Divisions 2.1 and 2.2, and Receptacles, 

small (UN2037) in Divisions 2.1 and 2.2 

without subsidiary risk and Fuel cells cartridges (UN3478, UN3479), see § 173.230 

of this part. 

Class 3 ....................... PG I: Forbidden.

PG II: 0.5L ................. PG II: 0.5L ................. PG II: 1L* ................... *Maximum net quantity per outer package 

with corrosive subsidiary risk (e.g., 

UN2924, UN3286) is 0.5L. For Class 3 

materials contained in a Polyester resin kit 

(UN3269), see § 173.165 of this part. For 

Fuel cell cartridges containing flammable 

liquids (UN3473), see § 173.230 of this 

part. 

PG III: 2.5L* ...............

*Corrosive subsidiary 

risk (e.g., UN2924) 

or toxic (e.g., 

UN1992) is 1L.

PG III: 5.0L* ...............

*Corrosive subsidiary 

risk (e.g., UN2924) 

or toxic (e.g., 

UN1992) is 1L.

PG III: 10L* ................ *Maximum net quantity per outer package 

with corrosive subsidiary risk (e.g., 

UN2924) is 1L and toxic subsidiary risk 

(e.g., UN1992) is 2L. 

Division 4.1 (does not 

include self-reactive 

material).

PG I: Forbidden.

PG II: 0.5 kg .............. PG II: 0.5 kg .............. PG II: 5 kg* ................ *Maximum net quantity per outer package 

with toxic subsidiary risk (e.g., UN3179) is 

1 kg. 

PG III: 1 kg ................ PG III: 1 kg ................ PG III: 10 kg* ............. *Maximum net quantity per outer package 

with corrosive subsidiary risk (e.g., 

UN3180) is 5 kg. 


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TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING FOR MATERIALS AUTHORIZED FOR TRANSPORTATION AS

LIMITED QUANTITY BY AIRCRAFT—Continued 

Hazard class or 

division 

Maximum authorized net 

quantity of each inner packaging Maximum authorized 

net quantity of each 

outer package 

Notes 

Glass, earthenware or 

fiber inner packagings 

Metal or 

plastic inner packagings 

Division 4.2 (Primary 

or subsidiary).

Forbidden* ................. ............................... 25 kg (net mass)* ...... *Until December 31, 2012, Charcoal 

(NA1361), PG III, may be transported as a 

limited quantity and may be renamed Consumer commodity and reclassed ORM–D– 

AIR, if eligible. 

Division 4.3 (solid material only).PG I solids and all liquids regardless of 

Packing Group: Forbidden.

PG II: 0.5 kg .............. PG II: 0.5 kg .............. PG II: 5 kg* ................ *Maximum net quantity per outer package 

with toxic subsidiary risk (e.g., UN3134) is 

1 kg. For fuel cell cartridges containing 

water reactive substances (UN3476), see 

§ 173.230 of this part. 

PG III: 1 kg ................ PG III: 1 kg ................ PG III: 10 kg* ............. *Maximum net quantity per outer package 

with corrosive or flammable subsidiary risk 

(e.g., UN3131 or UN3132, respectively) is 

5 kg. 

Division 5.1 (Liquid or 

solid material).

PG I: Forbidden.

Division 5.1 (liquid 

material).

PG II: 0.1L ................. PG II: 0.1L ................. PG II: 0.5L.

PG III: 0.5L ................ PGIII: 0.5L .................. PG III: 1.0L.

Division 5.1 (solid material).PG II: 0.5 kg .............. PG II: 0.5 kg .............. PG II: 2.5 kg* ............. *Maximum net quantity per outer package 

with toxic subsidiary risk (e.g., UN3087) is 

1 kg. 

PG III: 1.0 kg ............. PG III: 1.0 kg ............. PG III: 10 kg* ............. *Maximum net quantity per outer package 

with corrosive subsidiary risk (e.g., 

UN3085) is 1 kg. 

Division 5.2 (liquid 

material).

30 mL ......................... 30 mL ......................... 1 kg ............................ Authorized materials: Types D, E and F are 

authorized only as part of a Chemical or 

First aid kit (UN3316) in accordance with 

§ 173.161 of this part or a Polyester resin 

kit (UN3269) in accordance with § 173.165 

of this part. 

Division 5.2 (solid material).100g ........................... 100g ........................... 1 kg.

Division 6.1 ................ PG I (Inhalation or 

otherwise): Forbidden.

Division 6.1 (liquid 

material).

PG II: 0.1L ................. PG II: 0.1L ................. PG II: 1.0L* ................ *Maximum net quantity per outer package 

with corrosive subsidiary risk (e.g., 

UN3289) is 0.5L. 

PG III: 0.5L ................ PGIII: 0.5L .................. PG III: 2.0L.

Division 6.1 (solid material).PG II: 0.5 kg .............. PG II: 0.5 kg .............. PG II: 1.0 kg.

PG III: 1.0 kg ............. PG III: 1.0 kg ............. PG III: 10 kg.

Class 7 ....................... Forbidden.

Class 8 ....................... PG I: Forbidden.

Class 8 (liquid material).PG II: 0.1L ................. PG II: 0.1L ................. PG II: 0.5L ................. For ‘‘Fuel cell cartridges containing corrosive 

substances’’ (UN3477), see 

§ 173.230 of this part. 

PG III: 0.5L ................ PGIII: 0.5L .................. PG III: 1.0L.

Class 8 (solid material).PG II: 0.5 kg .............. PG II: 0.5 kg .............. PG II: 5.0 kg* ............. *Maximum net quantity per outer package for 

UN2430 is 1.0 kg. UN2794, UN2795, 

UN2803, UN2809, UN3028 are not authorized as limited quantity. 

PG III: 1.0 kg ............. PG III: 1.0 kg ............. PG III: 5.0 kg.

Class 9 (liquid material).30 mL (UN3316); 5.0L 

(UN1941, UN1990, 

UN3082) 100 g 

(UN3316); 5.0 kg 

(UN2071, UN3077).

30 mL (UN3316); 5.0L 

(UN1941, UN1990, 

UN3082) 100 g 

(UN3316); 5.0 kg 

(UN2071, UN3077).

1 kg (UN3316); 30 kg 

(all other authorized 

Class 9 material).

Authorized materials: UN1941, UN1990, 

UN2071, UN3077, UN3082, and UN3316 

only. Additionally, Consumer commodity 

(ID8000) in accordance with § 173.167 of 

this part and Chemical kit or First aid kit 

(UN3316) in accordance with § 173.161of 

this part are authorized. 


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TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING FOR MATERIALS AUTHORIZED FOR TRANSPORTATION AS

LIMITED QUANTITY BY AIRCRAFT—Continued 

Hazard class or 

division 

Maximum authorized net 

quantity of each inner packaging Maximum authorized 

net quantity of each 

outer package 

Notes 

Glass, earthenware or 

fiber inner packagings 

Metal or 

plastic inner packagings 

Class 9 (solid material).100 g (UN3316); 5.0 

kg (UN2071, 

UN3077).

100 g (UN3316); 5.0 

kg (UN2071, 

UN3077).

* * * * * 

■ 28. In § 173.40, in paragraph (c)(1), a 

second sentence is added to read as 

follows: 

§ 173.40 General packaging requirements 

for toxic materials packaged in cylinders. 

* * * * * 

(c) * * * 

(1) * * * For UN pressure 

receptacles, each valve must be capable 

of withstanding the test pressure of the 

pressure receptacle and be connected 

directly to the pressure receptacle by 

either a taper thread or other means 

which meets the requirements of ISO 

10692–2: (IBR, see § 171.7 of this 

subchapter). 

* * * * * 

■ 29. In § 173.58, paragraph (a)(5) is 

revised to read as follows: 

§ 173.58 Assignment of class and division 

for new explosives. 

(a) * * * 

(5) Division 1.4 Compatibility Group 

S (1.4S) if the hazardous effects are 

confined within the package or the blast 

and projection effects do not 

significantly hinder emergency response 

efforts. The UN Test Type 6(d) is used 

to determine whether a Division 1.4S 

classification is appropriate for an item 

assigned a proper shipping name to 

which special provision 347 (see 

§ 172.102 of this subchapter) applies; or 

* * * * * 

■ 30. In § 173.59, a definition for 

‘‘Phlegmatized’’ is added in alphabetical 

order to read as follows: 

§ 173.59 Description of terms for 

explosives. 

* * * * * 

Phlegmatized. The term means that a 

substance (or ‘‘phlegmatizer’’) has been 

added to an explosive to enhance its 

safety in handling and transport. The 

phlegmatizer renders the explosive 

insensitive, or less sensitive, to the 

following actions: heat, shock, impact, 

percussion or friction. Typical 

phlegmatizing agents include, but are 

not limited to: wax, paper, water, 

polymers (such as 

chlorofluoropolymers), alcohol and oils 

(such as petroleum jelly and paraffin). 

* * * * * 

■ 31. In § 173.63, paragraph (b) is 

revised to read as follows: 

§ 173.63 Packaging exceptions. 

* * * * * 

(b) Limited quantities of Cartridges, 

small arms, and cartridges power 

devices. (1)(i) Cartridges, small arms, 

and Cartridges power device (used to 

project fastening devices), that have 

been classed as Division 1.4S explosive 

may be offered for transportation and 

transported as limited quantities when 

packaged in accordance with paragraph 

(b)(2) of this section. For transportation 

by aircraft, the package must conform to 

the applicable requirements of § 173.27 

of this part and, effective July 1, 2011, 

Cartridge, power devices must be 

successfully tested under the UN Test 

Series 6(d) criteria for reclassification as 

limited quantity material. Effective 

January 1, 2012, Cartridge, power 

devices must be successfully tested 

under the UN Test Series 6(d) criteria 

for reclassification as limited quantity 

material for transportation by highway, 

rail or vessel. Packages containing such 

articles must be marked as prescribed in 

§ 172.315. Packages containing such 

articles are not subject to the shipping 

paper requirements of subpart C of part 

172 of this subchapter unless the 

material meets the definition of a 

hazardous substance, hazardous waste, 

marine pollutant, or is offered for 

transportation and transported by 

aircraft or vessel. Additionally, packages 

containing these articles are excepted 

from the requirements of subparts E 

(Labeling) and F (Placarding) of part 172 

of this subchapter. 

(ii) Until December 31, 2012, a 

package containing such articles may be 

marked with the proper shipping name 

‘‘Cartridges, small arms’’ or ‘‘Cartridges, 

power device (used to project fastening 

devices)’’ and reclassed as ‘‘ORM–D– 

AIR’’ material if it contains properly 

packaged articles as authorized by this 

subchapter on October 1, 2010. 

Additionally, for transportation by 

aircraft, Cartridge, power devices must 

be successfully tested under the UN 

Test Series 6(d) criteria for 

reclassification as ORM–D–AIR material 

effective July 1, 2011. Until December 

31, 2013, a package containing such 

articles may be marked with the proper 

shipping name ‘‘Cartridges, small arms’’ 

or ‘‘Cartridges, power device (used to 

project fastening devices)’’ and reclassed 

as ‘‘ORM–D’’ material if it contains 

properly packaged articles as authorized 

by this subchapter on October 1, 2010. 

(iii) Cartridges, small arms and 

Cartridges power devices that may be 

shipped as a limited quantity or ORM– 

D material are as follows: 

(A) Ammunition for rifle, pistol or 

shotgun; 

(B) Ammunition with inert projectiles 

or blank ammunition; 

(C) Ammunition having no tear gas, 

incendiary, or detonating explosive 

projectiles; 

(D) Ammunition not exceeding 12.7 

mm (50 caliber or 0.5 inch) for rifle or 

pistol, cartridges or 8 gauge for 

shotshells; and 

(E) Cartridges, power devices which 

are used to project fastening devices. 

(2) Packaging for Cartridges, small 

arms and eligible Cartridge, power 

devices as limited quantity or ORM–D 

material must be as follows: 

(i) Ammunition must be packed in 

inside boxes, or in partitions which fit 

snugly in the outside packaging, or in 

metal clips; 

(ii) Primers must be protected from 

accidental initiation; 

(iii) Inside boxes, partitions or metal 

clips must be packed in securely-closed 

strong outside packagings; 

(iv) Maximum gross weight is limited 

to 30 kg (66 pounds) per package; and 

(v) Cartridges, power devices which 

are used to project fastening devices and 

22 caliber rim-fire cartridges may be 

packaged loose in strong outside 

packagings. 

* * * * * 

■ 32. In § 173.120, paragraphs (c)(1)(i) 

and (ii) are revised to read as follows: 


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§ 173.120 Class 3—Definitions. 

* * * * * 

(c) * * * 

(1) * * * 

(i) For a homogeneous, single-phase, 

liquid having a viscosity less than 45 

S.U.S. at 38 °C (100 °F) that does not 

form a surface film while under test, one 

of the following test procedures shall be 

used: 

(A) Standard Method of Test for Flash 

Point by Tag Closed Cup Tester, (ASTM 

D 56) (IBR; see § 171.7 of this 

subchapter); 

(B) Standard Test Methods for Flash 

Point of Liquids by Small Scale ClosedCup Apparatus, (ASTM D 3278) (IBR; 

see § 171.7 of this subchapter); or 

(C) Standard Test Methods for Flash 

Point by Small Scale Closed Tester, 

(ASTM D 3828) (IBR; see § 171.7 of this 

subchapter). 

(ii) For a liquid other than one 

meeting all the criteria of paragraph 

(c)(1)(i) of this section, one of the 

following test procedures must be used: 

(A) Standard Test Methods for Flash 

Point by Pensky-Martens Closed Cup 

Tester, (ASTM D 93) (IBR; see § 171.7 of 

this subchapter). For cutback asphalt, 

use Method B of ASTM D 93 or 

alternative tests authorized in this 

standard; 

(B) Standard Test Methods for Flash 

Point of Liquids by Small Scale ClosedCup Apparatus (ASTM D 3278) (IBR; see 

§ 171.7 of this subchapter); 

(C) Determination of Flash/No Flash— 

Closed Cup Equilibrium Method (ISO 

1516) (IBR; see § 171.7 of this 

subchapter); 

(D) Determination of Flash point— 

Closed Cup Equilibrium Method (ISO 

1523) (IBR; see § 171.7 of this 

subchapter); 

(E) Determination of Flash Point— 

Pensky-Martens Closed Cup Method 

(ISO 2719) (IBR; see § 171.7 of this 

subchapter); 

(F) Determination of Flash Point— 

Rapid Equilibrium Closed Cup Method 

(ISO 3679) (IBR; see § 171.7 of this 

subchapter); 

(G) Determination of Flash/No 

Flash—Rapid Equilibrium Closed Cup 

Method (ISO 3680) (IBR; see § 171.7 of 

this subchapter); or 

(H) Determination of Flash Point— 

Abel Closed-Cup Method (ISO 13736) 

(IBR; see § 171.7 of this subchapter). 

* * * * * 

■ 33. In § 173.121, paragraph (a) is 

revised to read as follows: 

§ 173.121 Class 3—Assignment of packing 

group. 

(a)(1) The packing group of a Class 3 

material is as assigned in column 5 of 

the § 172.101 Table. When the § 172.101 

Table provides more than one packing 

group for a hazardous material, the 

packing group must be determined by 

applying the following criteria: 

Packing 

group 

Flash point 

(closed-cup) 

Initial boiling 

point 

I .............. ............................. ≤35°C 

(95 °F) 

II ............. <23°C (73 °F) ..... >35 °C 

(95 °F) 

III ............ ≥23 °C, ≤60 °C 

(≥73 °F, ≤140 °F) 

>35 °C 

(95 °F) 

(2) The initial boiling point of a Class 

3 material may be determined by using 

one of the following test methods: 

(i) Standard Test Method for 

Distillation of Petroleum Products at 

Atmospheric Pressure (ASTM D 86) 

(IBR; see § 171.7 of this subchapter); 

(ii) Standard Test Method for 

Distillation Range of Volatile Organic 

Liquids (ASTM D 1078) (IBR; see 

§ 171.7 of this subchapter); 

(iii) Petroleum Products— 

Determination of Distillation 

Characteristics at Atmospheric Pressure 

(ISO 3405) (IBR; see § 171.7 of this 

subchapter); 

(iv) Petroleum Products— 

Determination of Boiling Range 

Distribution—Gas Chromatography 

Method (ISO 3924) (IBR; see § 171.7 of 

this subchapter); or 

(v) Volatile Organic Liquids— 

Determination of Boiling Range of 

Organic Solvents Used as Raw Materials 

(ISO 4626) (IBR; see § 171.7 of this 

subchapter). 

* * * * * 

■ 34. In § 173.124, paragraph (b)(2) is 

revised to read as follows: 

§ 173.124 Class 4, Divisions 4.1, 4.2 and 

4.3—Definitions. 

* * * * * 

(b) * * * 

(2) A self-heating material. A selfheating material is a material that 

through a process where the gradual 

reaction of that substance with oxygen 

(in air) generates heat. If the rate of heat 

production exceeds the rate of heat loss, 

then the temperature of the substance 

will rise which, after an induction time, 

may lead to self-ignition and 

combustion. A material of this type 

which exhibits spontaneous ignition or 

if the temperature of the sample exceeds 

200 °C (392 °F) during the 24-hour test 

period when tested in accordance with 

UN Manual of Tests and Criteria (IBR; 

see § 171.7 of this subchapter), is 

classed as a Division 4.2 material. 

* * * * * 

■ 35. In § 173.136, paragraph (a) is 

revised to read as follows: 

§ 173.136 Class 8—Definitions. 

(a) For the purpose of this subchapter, 

‘‘corrosive material’’ (Class 8) means a 

liquid or solid that causes full thickness 

destruction of human skin at the site of 

contact within a specified period of 

time. A liquid, or a solid which may 

become liquid during transportation, 

that has a severe corrosion rate on steel 

or aluminum based on the criteria in 

§ 173.137(c)(2) is also a corrosive 

material. Whenever practical, in vitro 

test methods authorized in § 173.137 of 

this part or historical data authorized in 

paragraph (c) of this section should be 

used to determine whether a material is 

corrosive. 

* * * * * 

■ 36. In § 173.137, in the introductory 

text, the second sentence is revised and 

a third, fourth, and fifth sentence are 

added to read as follows: 

§ 173.137 Class 8—Assignment of packing 

group. 

* * * When the § 172.101 Table 

provides more than one packing group 

for a Class 8 material, the packing group 

must be determined using data obtained 

from tests conducted in accordance with 

the OECD Guideline for the Testing of 

Chemicals, Number 435, ‘‘In Vitro 

Membrane Barrier Test Method for Skin 

Corrosion’’ (IBR, see § 171.7 of this 

subchapter) or Number 404, ‘‘Acute 

Dermal Irritation/Corrosion’’ (IBR, see 

§ 171.7 of this subchapter). A material 

that is determined not to be corrosive in 

accordance with OECD Guideline for 

the Testing of Chemicals, Number 430, 

‘‘In Vitro Skin Corrosion: 

Transcutaneous Electrical Resistance 

Test (TER)’’ (IBR, see § 171.7 of this 

subchapter) or Number 431, ‘‘In Vitro 

Skin Corrosion: Human Skin Model 

Test’’ (IBR, see § 171.7 of this 

subchapter) may be considered not to be 

corrosive to human skin for the 

purposes of this subchapter without 

further testing. However, a material 

determined to be corrosive in 

accordance with Number 430 or 

Number 431 must be further tested 

using Number 435 or Number 404. The 

packing group assignment using data 

obtained from tests conducted in 

accordance with OECD Guideline 

Number 404 or Number 435 must be as 

follows: 

* * * * * 

■ 37. Section 173.144 is revised to read 

as follows: 

§ 173.144 Other Regulated Materials 

(ORM)—Definitions. 

Until December 31, 2013 and for the 

purposes of this subchapter, ‘‘ORM–D 

material’’ means a material such as a 

consumer commodity, cartridges, small 


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arms or cartridges, power devices 

which, although otherwise subject to the 

regulations of this subchapter, presents 

a limited hazard during transportation 

due to its form, quantity and packaging. 

It must be a material for which 

exceptions are provided in Column (8A) 

of the § 172.101 Hazardous Materials 

Table. 

■ 38. In § 173.150, paragraphs (b) and 

(c) are revised to read as follows: 

§ 173.150 Exceptions for Class 3 

(flammable and combustible liquids). 

* * * * * 

(b) Limited quantities. Limited 

quantities of flammable liquids (Class 3) 

and combustible liquids are excepted 

from labeling requirements, unless the 

material is offered for transportation or 

transported by aircraft, and are excepted 

from the specification packaging 

requirements of this subchapter when 

packaged in combination packagings 

according to this paragraph. For 

transportation by aircraft, the package 

must also conform to applicable 

requirements of § 173.27 of this part 

(e.g., authorized materials, inner 

packaging quantity limits and closure 

securement) and only hazardous 

material authorized aboard passengercarrying aircraft may be transported as 

a limited quantity. A limited quantity 

package that conforms to the provisions 

of this section is not subject to the 

shipping paper requirements of subpart 

C of part 172 of this subchapter, unless 

the material meets the definition of a 

hazardous substance, hazardous waste, 

marine pollutant, or is offered for 

transportation and transported by 

aircraft or vessel, and is eligible for the 

exceptions provided in § 173.156 of this 

part. In addition, shipments of limited 

quantities are not subject to subpart F 

(Placarding) of part 172 of this 

subchapter. Each package must conform 

to the packaging requirements of 

subpart B of this part and may not 

exceed 30 kg (66 pounds) gross weight. 

Except for transportation by aircraft, the 

following combination packagings are 

authorized: 

(1) For flammable liquids in Packing 

Group I, inner packagings not over 0.5 

L (0.1 gallon) net capacity each, packed 

in a strong outer packaging; 

(2) For flammable liquids in Packing 

Group II, inner packagings not over 1.0 

L (0.3 gallons) net capacity each, packed 

in a strong outer packaging. 

(3) For flammable liquids in Packing 

Group III and combustible liquids, inner 

packagings not over 5.0 L (1.3 gallons) 

net capacity each, packed in a strong 

outer packaging. 

(c) Consumer commodities. Until 

December 31, 2013, a limited quantity 

package containing a ‘‘consumer 

commodity’’ as defined in § 171.8 of this 

subchapter, may be renamed ‘‘Consumer 

commodity’’ and reclassed as ORM–D 

or, until December 31, 2012, ORM–D– 

AIR material and offered for 

transportation and transported in 

accordance with the applicable 

provisions of this subchapter in effect 

on October 1, 2010. 

* * * * * 

■ 39. In § 173.151, paragraphs (b), (c), 

and (d) are revised to read as follows: 

§ 173.151 Exceptions for Class 4. 

* * * * * 

(b) Limited quantities of Division 4.1. 

(1) Limited quantities of flammable 

solids (Division 4.1) in Packing Groups 

II and III and, where authorized by this 

section, charcoal briquettes (Division 

4.2) in Packing Group III, are excepted 

from labeling requirements, unless the 

material is offered for transportation or 

transported by aircraft, and are excepted 

from the specification packaging 

requirements of this subchapter when 

packaged in combination packagings 

according to this paragraph. For 

transportation by aircraft, the package 

must also conform to applicable 

requirements of § 173.27 of this part 

(e.g., authorized materials, inner 

packaging quantity limits and closure 

securement) and only hazardous 

material authorized aboard passengercarrying aircraft may be transported as 

a limited quantity. A limited quantity 

package that conforms to the provisions 

of this section is not subject to the 

shipping paper requirements of subpart 

C of part 172 of this subchapter, unless 

the material meets the definition of a 

hazardous substance, hazardous waste, 

marine pollutant, or is offered for 

transportation and transported by 

aircraft or vessel, and is eligible for the 

exceptions provided in § 173.156 of this 

part. In addition, shipments of limited 

quantities are not subject to subpart F 

(Placarding) of part 172 of this 

subchapter. Each package must conform 

to the packaging requirements of 

subpart B of this part and may not 

exceed 30 kg (66 pounds) gross weight. 

Except for transportation by aircraft, the 

following combination packagings are 

authorized: 

(i) For flammable solids in Packing 

Group II, inner packagings not over 1.0 

kg (2.2 pounds) net capacity each, 

packed in a strong outer packaging. 

(ii) For flammable solids in Packing 

Group III, inner packagings not over 5.0 

kg (11 pounds) net capacity each, 

packed in a strong outer packaging. 

(2) For transportation by highway or 

rail, Charcoal briquettes (NA1361) may 

be packaged as a limited quantity in 

accordance with paragraph (b) of this 

section in packagings not exceeding 30 

kg gross weight and are eligible for the 

exceptions provided in § 173.156. 

(c) Consumer commodities. Until 

December 31, 2013, a limited quantity 

package (including Charcoal briquettes 

(NA1361)) containing a ‘‘consumer 

commodity’’ as defined in § 171.8 of this 

subchapter, may be renamed ‘‘Consumer 

commodity’’ and reclassed as ORM–D 

or, until December 31, 2012, ORM–D– 

AIR material and offered for 

transportation and transported in 

accordance with the applicable 

provisions of this subchapter in effect 

on October 1, 2010. For transportation 

by aircraft, the maximum net mass for 

Charcoal briquettes (NA1361) is 25 kg 

per package. 

(d) Limited quantities of Division 4.3. 

Limited quantities of dangerous when 

wet solids (Division 4.3) in Packing 

Groups II and III are excepted from 

labeling requirements, unless the 

material is offered for transportation or 

transported by aircraft, and are excepted 

from the specification packaging 

requirements of this subchapter when 

packaged in combination packagings 

according to this paragraph. For 

transportation by aircraft, the package 

must also conform to applicable 

requirements of § 173.27 of this part 

(e.g., authorized materials, inner 

packaging quantity limits and closure 

securement) and only hazardous 

material authorized aboard passengercarrying aircraft may be transported as 

a limited quantity. A limited quantity 

package that conforms to the provisions 

of this section is not subject to the 

shipping paper requirements of subpart 

C of part 172 of this subchapter, unless 

the material meets the definition of a 

hazardous substance, hazardous waste, 

marine pollutant, or is offered for 

transportation and transported by 

aircraft or vessel, and is eligible for the 

exceptions provided in § 173.156 of this 

part. In addition, shipments of limited 

quantities are not subject to subpart F 

(Placarding) of part 172 of this 

subchapter. Each package must conform 

to the packaging requirements of 

subpart B of this part and may not 

exceed 30 kg (66 pounds) gross weight. 

Except for transportation by aircraft, the 

following combination packagings are 

authorized: 

(1) For dangerous when wet solids in 

Packing Group II, inner packagings not 

over 0.5 kg (1.1 pounds) net capacity 

each, packed in a strong outer 

packaging. 

(2) For dangerous when wet solids in 

Packing Group III, inner packagings not 

over 1.0 kg (2.2 pounds) net capacity 


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each, packed in a strong outer 

packaging. 

■ 40. In § 173.152, paragraphs (b) and 

(c) are revised to read as follows: 

§ 173.152 Exceptions for Division 5.1 

(oxidizers) and Division 5.2 (organic 

peroxides). 

* * * * * 

(b) Limited quantities. Limited 

quantities of oxidizers (Division 5.1) in 

Packing Group II and III and organic 

peroxides (Division 5.2) are excepted 

from labeling requirements, unless the 

material is offered for transportation or 

transported by aircraft, and are excepted 

from the specification packaging 

requirements of this subchapter when 

packaged in combination packagings 

according to this paragraph. For 

transportation by aircraft, the package 

must also conform to applicable 

requirements of § 173.27 of this part 

(e.g., authorized materials, inner 

packaging quantity limits and closure 

securement) and only hazardous 

material authorized aboard passengercarrying aircraft may be transported as 

a limited quantity. A limited quantity 

package that conforms to the provisions 

of this section is not subject to the 

shipping paper requirements of subpart 

C of part 172 of this subchapter, unless 

the material meets the definition of a 

hazardous substance, hazardous waste, 

marine pollutant, or is offered for 

transportation and transported by 

aircraft or vessel, and is eligible for the 

exceptions provided in § 173.156 of this 

part. In addition, shipments of limited 

quantities are not subject to subpart F 

(Placarding) of part 172 of this 

subchapter. Each package must conform 

to the packaging requirements of 

subpart B of this part and may not 

exceed 30 kg (66 pounds) gross weight. 

Except for transportation by aircraft, the 

following combination packagings are 

authorized: 

(1) For oxidizers in Packing Group II, 

inner packagings not over 1.0 L (0.3 

gallon) net capacity each for liquids or 

not over 1.0 kg (2.2 pounds) net capacity 

each for solids, packed in a strong outer 

packaging. 

(2) For oxidizers in Packing Group III, 

inner packagings not over 5 L (1.3 

gallons) net capacity each for liquids or 

not over 5.0 kg (11 lbs) net capacity each 

for solids, packed in a strong outer 

packaging. 

(3) For organic peroxides that do not 

require temperature control during 

transportation— 

(i) Except for transportation by 

aircraft, for Type B or C organic 

peroxides, inner packagings not over 25 

mL (0.845 ounces) net capacity each for 

liquids or 100 g (3.528 ounces) net 

capacity for solids, packed in a strong 

outer packaging. 

(ii) For Type D, E, or F organic 

peroxides, inner packagings not over 

125 mL (4.22 ounces) net capacity each 

for liquids or 500 g (17.64 ounces) net 

capacity for solids, packed in a strong 

outer packaging. 

(c) Consumer commodities. Until 

December 31, 2013, a limited quantity 

package containing a ‘‘consumer 

commodity’’ as defined in § 171.8 of this 

subchapter, may be renamed ‘‘Consumer 

commodity’’ and reclassed as ORM–D 

or, until December 31, 2012, ORM–D– 

AIR material and offered for 

transportation and transported in 

accordance with the applicable 

provisions of this subchapter in effect 

on October 1, 2010. 

■ 41. In § 173.153, paragraphs (b) and 

(c) are revised to read as follows: 

§ 173.153 Exceptions for Division 6.1 

(poisonous material). 

* * * * * 

(b) Limited quantities. The exceptions 

in this paragraph do not apply to 

poison-by-inhalation materials. Limited 

quantities of poisonous material 

(Division 6.1) in Packing Groups II and 

III are excepted from the labeling 

requirements, unless the material is 

offered for transportation or transported 

by aircraft, and are excepted from the 

specification packaging requirements of 

this subchapter when packaged in 

combination packagings according to 

this paragraph. For transportation by 

aircraft, the package must also conform 

to applicable requirements of § 173.27 of 

this part (e.g., authorized materials, 

inner packaging quantity limits and 

closure securement) and only hazardous 

material authorized aboard passengercarrying aircraft may be transported as 

a limited quantity. A limited quantity 

package that conforms to the provisions 

of this section is not subject to the 

shipping paper requirements of subpart 

C of part 172 of this subchapter, unless 

the material meets the definition of a 

hazardous substance, hazardous waste, 

marine pollutant, or is offered for 

transportation and transported by 

aircraft or vessel, and is eligible for the 

exceptions provided in § 173.156 of this 

part. In addition, shipments of limited 

quantities are not subject to subpart F 

(Placarding) of part 172 of this 

subchapter. Each package must conform 

to the packaging requirements of 

subpart B of this part and may not 

exceed 30 kg (66 pounds) gross weight. 

Except for transportation by aircraft, the 

following combination packagings are 

authorized: 

(1) For poisonous materials in Packing 

Group II, inner packagings not over 100 

mL (3.38 ounces) each for liquids or 0.5 

kg (1.1 pounds) each for solids, packed 

in a strong outer packaging. Inner 

packagings containing a liquid 

poisonous material which is also a drug 

or medicine in Packing Group II may be 

increased to not over 250 mL (8 ounces) 

each and packed in a strong outer 

packaging. 

(2) For poisonous materials in Packing 

Group III, inner packagings not over 5 

L (1.3 gallons) each for liquids or 5.0 kg 

(11 pounds) each for solids, packed in 

a strong outer packaging. 

(c) Consumer commodities. Until 

December 31, 2013, a limited quantity 

package of poisonous material in 

Packing Group III or a drug or medicine 

in Packing Group II and III that is also 

a ‘‘consumer commodity’’ as defined in 

§ 171.8 of this subchapter, may be 

renamed ‘‘Consumer commodity’’ and 

reclassed as ORM–D or, until December 

31, 2012, ORM–D–AIR material and 

offered for transportation and 

transported in accordance with the 

applicable provisions of this subchapter 

in effect on October 1, 2010. 

■ 42. In § 173.154, paragraphs (b) and 

(c) are revised to read as follows: 

§ 173.154 Exceptions for Class 8 

(corrosive material). 

* * * * * 

(b) Limited quantities. Limited 

quantities of corrosive material (Class 8) 

in Packing Groups II and III are 

excepted from labeling requirements, 

unless the material is offered for 

transportation or transported by aircraft, 

and are excepted from the specification 

packaging requirements of this 

subchapter when packaged in 

combination packagings according to 

this paragraph. For transportation by 

aircraft, the package must also conform 

to the applicable requirements of 

§ 173.27 of this part (e.g., authorized 

materials, inner packaging quantity 

limits and closure securement) and only 

hazardous material authorized aboard 

passenger-carrying aircraft may be 

transported as a limited quantity. A 

limited quantity package that conforms 

to the provisions of this section is not 

subject to the shipping paper 

requirements of subpart C of part 172 of 

this subchapter, unless the material 

meets the definition of a hazardous 

substance, hazardous waste, marine 

pollutant, or is offered for transportation 

and transported by aircraft or vessel, 

and is eligible for the exceptions 

provided in § 173.156 of this part. In 

addition, shipments of limited 

quantities are not subject to subpart F 

(Placarding) of part 172 of this 

subchapter. Each package must conform 

to the packaging requirements of 


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subpart B of this part and may not 

exceed 30 kg (66 pounds) gross weight. 

Except for transportation by aircraft, the 

following combination packagings are 

authorized: 

(1) For corrosive materials in Packing 

Group II, inner packagings not over 1.0 

L (0.3 gallon) net capacity each for 

liquids or not over 1.0 kg (2.2 pounds) 

net capacity each for solids, packed in 

a strong outer packaging. 

(2) For corrosive materials in Packing 

Group III, inner packagings not over 5.0 

L (1.3 gallons) net capacity each for 

liquids or not over 5.0 kg (11 lbs) net 

capacity each for solids, packed in a 

strong outer packaging. 

(c) Consumer commodities. Until 

December 31, 2013, a limited quantity 

package containing a ‘‘consumer 

commodity’’ as defined in § 171.8 of this 

subchapter, may be renamed ‘‘Consumer 

commodity’’ and reclassed as ORM–D 

or, until December 31, 2012, ORM–D– 

AIR material and offered for 

transportation and transported in 

accordance with the applicable 

provisions of this subchapter in effect 

on October 1, 2010. 

* * * * * 

■ 43. In § 173.155, paragraphs (b) and 

(c) are revised to read as follows: 

§ 173.155 Exceptions for Class 9 

(miscellaneous hazardous materials). 

* * * * * 

(b) Limited quantities of Class 9 

materials. Limited quantities of 

miscellaneous hazardous materials in 

Packing Groups II and III are excepted 

from labeling requirements, unless the 

material is offered for transportation or 

transported by aircraft, and are excepted 

from the specification packaging 

requirements of this subchapter when 

packaged in combination packagings 

according to this paragraph. Unless 

otherwise specified in paragraph (c) of 

this section, packages of limited 

quantities intended for transportation by 

aircraft must conform to the applicable 

requirements (e.g., authorized materials, 

inner packaging quantity limits and 

closure securement) of § 173.27 of this 

part. A limited quantity package that 

conforms to the provisions of this 

section is not subject to the shipping 

paper requirements of subpart C of part 

172 of this subchapter, unless the 

material meets the definition of a 

hazardous substance, hazardous waste, 

marine pollutant, or is offered for 

transportation and transported by 

aircraft or vessel, and is eligible for the 

exceptions provided in § 173.156 of this 

part. In addition, packages of limited 

quantities are not subject to subpart F 

(Placarding) of part 172 of this 

subchapter. Each package must conform 

to the packaging requirements of 

subpart B of this part and may not 

exceed 30 kg (66 pounds) gross weight. 

Except for transportation by aircraft, the 

following combination packagings are 

authorized: 

(1) For miscellaneous materials in 

Packing Group II, inner packagings not 

over 1.0 L (0.3 gallon) net capacity each 

for liquids or not over 1.0 kg (2.2 

pounds) net capacity each for solids, 

packed in a strong outer packaging. 

(2) For miscellaneous materials in 

Packing Group III, inner packagings not 

over 5.0 L (1.3 gallons) net capacity each 

for liquids or not over 5.0 kg (11 lbs) net 

capacity each for solids, packed in a 

strong outer packaging. 

(c) Consumer commodities. Until 

December 31, 2013, a limited quantity 

package containing a ‘‘consumer 

commodity’’ as defined in § 171.8 of this 

subchapter, may be renamed ‘‘Consumer 

commodity’’ and reclassed as ORM–D 

or, until December 31, 2012, ORM–D– 

AIR material and offered for 

transportation and transported in 

accordance with the applicable 

provisions of this subchapter in effect 

on October 1, 2010. 

■ 44. Section 173.156 is revised to read 

as follows: 

§ 173.156 Exceptions for limited quantity 

and ORM. 

(a) Exceptions for hazardous materials 

shipments in the following paragraphs 

are permitted only if this section is 

referenced for the specific hazardous 

material in the § 172.101 Table or in a 

packaging section in this part. 

(b) Packagings for limited quantity 

and ORM–D are specified according to 

hazard class in §§ 173.150 through 

173.155 and in § 173.306. In addition to 

other exceptions provided for limited 

quantity and ORM–D materials in this 

part: 

(1) Strong outer packagings as 

specified in this part, marking 

requirements specified in subpart D of 

part 172 of this subchapter, and the 30 

kg (66 pounds) gross weight limitation 

are not required for packages of limited 

quantity materials marked in 

accordance with § 172.315 of this 

subchapter, or, until December 31, 2013, 

materials classed and marked as ORM– 

D and described as a Consumer 

commodity, as defined in § 171.8 of this 

subchapter, when— 

(i) Unitized in cages, carts, boxes or 

similar overpacks; 

(ii) Offered for transportation or 

transported by: 

(A) Rail; 

(B) Private or contract motor carrier; 

or 

(C) Common carrier in a vehicle under 

exclusive use for such service; and 

(iii) Transported to or from a 

manufacturer, a distribution center, or a 

retail outlet, or transported to a disposal 

facility from one offeror. 

(2) The 30 kg (66 pounds) gross 

weight limitation does not apply to 

packages of limited quantity materials 

marked in accordance with § 172.315 of 

this subchapter, or, until December 31, 

2013, materials classed and marked as 

ORM–D and described as a Consumer 

commodity, as defined in § 171.8 of this 

subchapter, when offered for 

transportation or transported by 

highway or rail between a manufacturer, 

a distribution center, and a retail outlet 

provided— 

(i) Inner packagings conform to the 

quantity limits for inner packagings 

specified in §§ 173.150(b), 173.152(b), 

173.154(b), 173.155(b) and 173.306 (a) 

and (b), as appropriate; 

(ii) The inner packagings are packed 

into corrugated fiberboard trays to 

prevent them from moving freely; 

(iii) The trays are placed in a 

fiberboard box which is banded and 

secured to a wooden pallet by metal, 

fabric, or plastic straps, to form a single 

palletized unit; 

(iv) The package conforms to the 

general packaging requirements of 

subpart B of this part; 

(v) The maximum net quantity of 

hazardous material permitted on one 

palletized unit is 250 kg (550 pounds); 

and 

(vi) The package is properly marked 

in accordance with § 172.315 or, until 

December 31, 2013, § 172.316 of this 

subchapter. 

■ 45. Section 173.161 is revised to read 

as follows: 

§ 173.161 Chemical kits and first aid kits. 

(a) Applicability. Chemical kits and 

first aid kits contain one or more 

compatible items of hazardous materials 

in boxes, cases, etc. that, for example, 

are used for medical, analytical, 

diagnostic, testing, or repair purposes. 

(b) Authorized materials. (1) The kits 

may only contain hazardous materials 

for which packaging exceptions are 

provided in column 8(A) of the 

§ 172.101 Hazardous Materials Table in 

this subchapter. For transportation by 

aircraft, the kits may only contain 

quantities of hazardous materials 

authorized as excepted quantities or as 

limited quantities in §§ 173.4a and 

173.27(f) of this part, respectively. 

Materials forbidden for transportation 

by passenger aircraft or cargo aircraft 

may not be included in the kits. 

(2) The packing group assigned to the 

chemical kit and first aid kit as a whole 

must be the most stringent packing 

group assigned to any individual 


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substance in the kit and must be shown 

on the shipping paper, if applicable, in 

accordance with subpart C of Part 172 

of this subchapter. 

(c) Packaging. Except for 

transportation by aircraft or vessel, 

chemical kits and first aid kits must be 

packaged in combination packagings 

conforming to the packaging 

requirements of subpart B of this part. 

For transportation by aircraft or vessel, 

chemical kits and first aid kits must be 

packaged in specification combination 

packagings based on the performance 

level of the most stringent packing 

group of material contained within the 

kit. For transportation by aircraft, 

friction-type closures must be secured 

by secondary means and inner 

packagings intended to contain liquids 

must be capable of meeting the pressure 

differential requirements prescribed in 

§ 173.27(c) of this subchapter. Inner and 

outer packaging quantity limits for 

packages are as follows: 

(1) Except for liquids of Division 5.2 

(organic peroxide), inner packagings 

containing not more than 250 mL. 

Except for transportation by aircraft, for 

Division 5.2 (organic peroxide) liquids 

of Type B and C, inner packagings 

containing not more than 25 mL and for 

Division 5.2 (organic peroxide) liquids 

of Type D, E and F, inner packagings 

containing not more than 125 mL. For 

transportation by aircraft, for Division 

5.2 (organic peroxide) liquids of Type D, 

E and F (only), inner packagings 

containing not more than 125 mL; 

(2) Except for solids of Division 5.2 

(organic peroxide) of Type B and C, 

inner packagings containing not more 

than 250 g. Except for transportation by 

aircraft, for a Division 5.2 (organic 

peroxide) solid of Type B and C, inner 

packagings containing not more than 

100 g. For transportation by aircraft, for 

a Division 5.2 (organic peroxide) solid 

of Type D, E and F (only), inner 

packagings containing not more than 

250 g; 

(3) No more than 10 L or 10 kg of 

hazardous material may be contained in 

one outer package (excluding dry ice). 

For transportation by aircraft, no more 

than 1 L or 1 kg of hazardous material 

may be contained in one kit (excluding 

dry ice); 

(4) Each package must conform to the 

packaging requirements of subpart B of 

this part and may not exceed 30 kg (66 

pounds) gross weight; 

(5) Except for Carbon dioxide, solid 

(Dry ice), UN1845, no other hazardous 

materials may be packed within the 

same outer packaging as the kits. Dry ice 

must be packaged in accordance with 

§ 173.217 of this subchapter; 

(6) The kits must include sufficient 

absorbent material to completely absorb 

the contents of any liquid hazardous 

materials contained in the kits. The 

contents must be separated, placed, or 

packed, and closed with cushioning 

material to protect them from damage; 

and 

(7) The contents of the kits must be 

packed so there will be no possibility of 

the mixture of contents causing 

dangerous evolution of heat or gas. 

(d) Exceptions. (1)(i) Chemical kits 

and first aid kits are eligible for the 

excepted quantity exceptions provided 

in §§ 173.4 and 173.4a of this part. For 

transportation by aircraft, chemical kits 

and first aid kits are eligible for the 

limited quantity provisions provided in 

§ 173.27(f) of this part. For inner 

packaging quantity limits, see 

§ 173.27(f), Table 3. 

(ii) A package conforming to the 

provisions of this section is not subject 

to the shipping paper requirements of 

subpart C of part 172 of this subchapter, 

unless the material meets the definition 

of a hazardous substance, hazardous 

waste, marine pollutant, or is offered for 

transportation and transported by 

aircraft or vessel. Chemical kits and 

First aid kits conforming to this section 

may be marked as a limited quantity as 

prescribed in § 172.315 of this 

subchapter and, if applicable, are 

eligible for the exceptions provided in 

§ 173.156 of this part. Additionally, 

chemical and first aid kits conforming to 

this section are not subject to part 174 

(carriage by rail) or part 177 (carriage by 

highway) of this subchapter when 

marked in accordance with § 172.315 of 

this subchapter. 

(2) Consumer commodities. Until 

December 31, 2013, a limited quantity 

package containing a ‘‘consumer 

commodity’’ as defined in § 171.8 of this 

subchapter may be renamed ‘‘Consumer 

commodity’’ and reclassed as ORM–D 

or, until December 31, 2012, ORM–D– 

AIR material and offered for 

transportation and transported in 

accordance with the applicable 

provisions of this subchapter in effect 

on October 1, 2010. 

(3) Kits that are carried on board 

transport vehicles for first aid or 

operating purposes are not subject to the 

requirements of this subchapter. 

■ 46. Section 173.165 is added to read 

as follows: 

§ 173.165 Polyester resin kits. 

(a) Except for transportation by 

aircraft, polyester resin kits consisting of 

a base material component (Class 3, 

Packing Group II or III) and an activator 

component (Type D, E, or F organic 

peroxide which does not require 

temperature control)— 

(1) The organic peroxide component 

must be packed in inner packagings not 

over 125 mL (4.22 ounces) net capacity 

each for liquids or 500 g (17.64 ounces) 

net capacity each for solids; 

(2) The flammable liquid component 

must be packed in inner packagings not 

over 5 L (1.3 gallons) net capacity each 

for Packing Group II or III liquid; and 

(3) The flammable liquid component 

and the organic peroxide component 

may be packed in the same strong outer 

packaging provided they will not 

interact dangerously in the event of 

leakage. 

(b) For transportation by aircraft, 

polyester resin kits consisting of a base 

material component (Class 3, Packing 

Group II or III) and an activator 

component (Type D, E, or F organic 

peroxide which does not require 

temperature control)— 

(1) The organic peroxide component 

is limited to a quantity of 125 mL (4.22 

ounces) per inner packaging if liquid, 

and 500 g (1 pound) if solid. The base 

material is limited to a quantity of 5 L 

(1.3 gallons) in metal or plastic inner 

packagings and 1 L (0.3 gallons) in glass 

inner packagings; 

(2) The components may be placed in 

the same outer packaging provided they 

will not interact dangerously in the 

event of leakage; 

(3) Packing group will be II or III, 

according to the criteria for Class 3, 

applied to the base material. 

Additionally, unless otherwise excepted 

in this subchapter, polyester resin kits 

must be packaged in specification 

combination packagings based on the 

performance level required of the base 

material (II or III) contained within the 

kit; 

(4) Closures must be secured by 

secondary means; 

(5) Inner packagings intended to 

contain liquids must be capable of 

meeting the pressure differential 

requirements prescribed in § 173.27(c) 

of this part; and 

(6) Except as provided in paragraph 

(b) of this section, exceptions for 

polyester resin kits intended for 

transportation by aircraft are provided 

in §§ 173.4a (excepted quantities) and 

173.27(f) (limited quantities) of this 

part. 

(c) Consumer commodities. Until 

December 31, 2013, a limited quantity 

package containing a ‘‘consumer 

commodity’’ as defined in § 171.8 of this 

subchapter may be renamed ‘‘Consumer 

commodity’’ and reclassed as ORM–D 

or, until December 31, 2012, ORM–D– 

AIR material and offered for 

transportation and transported in 


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accordance with the applicable 

provisions of this subchapter in effect 

on October 1, 2010. 

■ 47. Section § 173.167 is added to read 

as follows: 

§ 173.167 Consumer commodities. 

(a) Effective January 1, 2013, a 

‘‘consumer commodity’’ (see § 171.8 of 

this subchapter) when intended for 

transportation by aircraft may only 

include articles or substances of Class 2 

(non-toxic aerosols only), Class 3 

(Packing Group II and III only), Division 

6.1 (Packing Group III only), UN3077, 

UN3082, and UN3175, provided such 

materials do not have a subsidiary risk 

and are authorized aboard a passengercarrying aircraft. Friction-type closures 

must be secured by secondary means. 

Inner packagings intended to contain 

liquids must be capable of meeting the 

pressure differential requirements (75 

kPa) prescribed in § 173.27(c) of this 

part. Consumer commodities are 

excepted from the specification 

packaging requirements of this 

subchapter and each completed package 

must conform to subpart B of part. 

Packages of consumer commodities 

must also be capable of withstanding a 

1.2 m drop on solid concrete in the 

position most likely to cause damage 

and a 24-hour stack test. Inner and outer 

packaging quantity limits for consumer 

commodities are as follows: 

(1) Non-toxic aerosols, as defined in 

§ 171.8 of this subchapter and 

constructed in accordance with 

§ 173.306 of this part, in non-refillable, 

non-metal containers not exceeding 120 

mL (4 fluid ounces) each, or in nonrefillable metal containers not exceeding 

820 mL (28 ounces) each, except that 

flammable aerosols may not exceed 500 

mL (16.9 ounces) each; or 

(2) Liquids, in inner packagings not 

exceeding 500 mL (16.9 ounces) each; or 

(3) Solids, in inner packagings not 

exceeding 500 g (1.0 pounds) each; or 

(4) Any combination thereof. 

(b) Inner packagings are to be placed 

in an outer packaging not to exceed 30 

kg (66 pounds) gross weight as prepared 

for shipment. 

■ 48. Section 173.220 is revised to read 

as follows: 

§ 173.220 Internal combustion engines, 

self-propelled vehicles, mechanical 

equipment containing internal combustion 

engines, battery-powered equipment or 

machinery, fuel cell-powered equipment or 

machinery. 

(a) Applicability. An internal 

combustion engine, self-propelled 

vehicle, mechanized equipment 

containing an internal combustion 

engine, a battery-powered vehicle or 

equipment, or a fuel cell-powered 

vehicle or equipment, or any 

combination thereof, is subject to the 

requirements of this subchapter when 

transported as cargo on a transport 

vehicle, vessel, or aircraft if— 

(1) The engine contains a liquid or 

gaseous fuel. An engine may be 

considered as not containing fuel when 

the engine components and any fuel 

lines have been completed drained, 

sufficiently cleaned of residue, and 

purged of vapors to remove any 

potential hazard and the engine when 

held in any orientation will not release 

any liquid fuel; 

(2) The fuel tank contains a liquid or 

gaseous fuel. A fuel tank may be 

considered as not containing fuel when 

the fuel tank and the fuel lines have 

been completed drained, sufficiently 

cleaned of residue, and purged of vapors 

to remove any potential hazard; 

(3) It is equipped with a wet battery 

(including a non-spillable battery), a 

sodium battery or a lithium battery; or 

(4) Except as provided in paragraph 

(f)(1) of this section, it contains other 

hazardous materials subject to the 

requirements of this subchapter. 

(b) Requirements. Unless otherwise 

excepted in paragraph (b)(4) of this 

section, vehicles, engines, and 

equipment are subject to the following 

requirements: 

(1) Flammable liquid fuel. A fuel tank 

containing a flammable liquid fuel must 

be drained and securely closed, except 

that up to 500 mL (17 ounces) of 

residual fuel may remain in the tank, 

engine components, or fuel lines 

provided they are securely closed to 

prevent leakage of fuel during 

transportation. Self-propelled vehicles 

containing diesel fuel are excepted from 

the requirement to drain the fuel tanks, 

provided that sufficient ullage space has 

been left inside the tank to allow fuel 

expansion without leakage, and the tank 

caps are securely closed. 

(2) Flammable liquefied or 

compressed gas fuel. (i) For 

transportation by motor vehicle, rail car 

or vessel, fuel tanks and fuel systems 

containing flammable liquefied or 

compressed gas fuel must be securely 

closed. For transportation by vessel, the 

requirements of §§ 176.78(k) and 

176.905 of this subchapter apply. 

(ii) For transportation by aircraft: 

(A) Flammable gas-powered vehicles, 

machines, equipment or cylinders 

containing the flammable gas must be 

completely emptied of flammable gas. 

Lines from vessels to gas regulators, and 

gas regulators themselves, must also be 

drained of all traces of flammable gas. 

To ensure that these conditions are met, 

gas shut-off valves must be left open and 

connections of lines to gas regulators 

must be left disconnected upon delivery 

of the vehicle to the operator. Shut-off 

valves must be closed and lines 

reconnected at gas regulators before 

loading the vehicle aboard the aircraft; 

or alternatively; 

(B) Flammable gas powered vehicles, 

machines or equipment, which have 

cylinders (fuel tanks) that are equipped 

with electrically operated valves, may 

be transported under the following 

conditions: 

(1) The valves must be in the closed 

position and in the case of electrically 

operated valves, power to those valves 

must be disconnected; 

(2) After closing the valves, the 

vehicle, equipment or machinery must 

be operated until it stops from lack of 

fuel before being loaded aboard the 

aircraft; 

(3) In no part of the closed system 

shall the pressure exceed 5% of the 

maximum allowable working pressure 

of the system or 290 psig (2000 kPa), 

whichever is less; and 

(4) There must not be any residual 

liquefied gas in the system, including 

the fuel tank. 

(3) Truck bodies or trailers on flat 

cars—flammable liquid or gas powered. 

Truck bodies or trailers with automatic 

heating or refrigerating equipment of the 

flammable liquid type may be shipped 

with fuel tanks filled and equipment 

operating or inoperative, when used for 

the transportation of other freight and 

loaded on flat cars as part of a joint rail 

and highway movement, provided the 

equipment and fuel supply conform to 

the requirements of § 177.834(l) of this 

subchapter. 

(4) Modal exceptions. Quantities of 

flammable liquid fuel greater than 500 

mL (17 ounces) may remain in the fuel 

tank in self-propelled vehicles and 

mechanical equipment only under the 

following conditions: 

(i) For transportation by motor vehicle 

or rail car, the fuel tanks must be 

securely closed. 

(ii) For transportation by vessel, the 

shipment must conform to § 176.905 of 

this subchapter. 

(iii) For transportation by aircraft, 

when carried in aircraft designed or 

modified for vehicle ferry operations 

when all the following conditions must 

be met: 

(A) Authorization for this type 

operation has been given by the 

appropriate authority in the government 

of the country in which the aircraft is 

registered; 

(B) Each vehicle is secured in an 

upright position; 

(C) Each fuel tank is filled in a 

manner and only to a degree that will 


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preclude spillage of fuel during loading, 

unloading, and transportation; and 

(D) Each area or compartment in 

which a self-propelled vehicle is being 

transported is suitably ventilated to 

prevent the accumulation of fuel vapors. 

(c) Battery-powered or installed. 

Batteries must be securely installed, and 

wet batteries must be fastened in an 

upright position. Batteries must be 

protected against a dangerous evolution 

of heat, short circuits, and damage to 

terminals in conformance with 

§ 173.159(a) and leakage; or must be 

removed and packaged separately under 

§ 173.159. Battery-powered vehicles, 

machinery or equipment including 

battery-powered wheelchairs and 

mobility aids are not subject to any 

other requirements of this subchapter 

except § 173.21 of this subchapter when 

transported by rail, highway or vessel. 

(d) Lithium batteries. Except as 

provided in § 172.102, Special Provision 

A101 of this subchapter, vehicles, 

engines and machinery powered by 

lithium metal batteries that are 

transported with these batteries 

installed are forbidden aboard 

passenger-carrying aircraft. Lithium 

batteries contained in vehicles, engines 

or mechanical equipment must be 

securely fastened in the battery holder 

of the vehicle, engine or mechanical 

equipment and be protected in such a 

manner as to prevent damage and short 

circuits (e.g., by the use of nonconductive caps that cover the terminals 

entirely). Lithium batteries must be of a 

type that have successfully passed each 

test in the UN Manual of Tests and 

Criteria as specified in § 173.185 of this 

subchapter, unless approved by the 

Associate Administrator. Equipment 

(other than vehicles, engines or 

mechanical equipment) containing 

lithium batteries, must be described as 

‘‘Lithium ion batteries contained in 

equipment’’ or ‘‘Lithium metal batteries 

contained in equipment,’’ as 

appropriate, and transported in 

accordance with § 173.185 and 

applicable special provisions. 

(e) Fuel cells. A fuel cell must be 

secured and protected in a manner to 

prevent damage to the fuel cell. 

Equipment (other than vehicles, engines 

or mechanical equipment) such as 

consumer electronic devices containing 

fuel cells (fuel cell cartridges) must be 

described as ‘‘Fuel cell cartridges 

contained in equipment’’ and 

transported in accordance with 

§ 173.230 of this subchapter. 

(f) Other hazardous materials. (1) 

Items containing hazardous materials, 

such as fire extinguishers, compressed 

gas accumulators, safety devices and 

other hazardous materials that are 

integral components of the motor 

vehicle, engine or mechanical 

equipment and that are necessary for the 

operation of the vehicle, engine or 

mechanical equipment, or for the safety 

of its operator or passengers, must be 

securely installed in the motor vehicle, 

engine or mechanical equipment. Such 

items are not otherwise subject to the 

requirements of this subchapter. 

Equipment (other than vehicles, engines 

or mechanical equipment) containing 

lithium batteries must be described as 

‘‘Lithium batteries contained in 

equipment’’ and transported in 

accordance with § 173.185 of this 

subchapter and applicable special 

provisions. Equipment (other than 

vehicles, engines or mechanical 

equipment) such as consumer electronic 

devices containing fuel cells (fuel cell 

cartridges) must be described as ‘‘Fuel 

cell cartridges contained in equipment’’ 

and transported in accordance with 

§ 173.230 of this subchapter. 

(2) Other hazardous materials must be 

packaged and transported in accordance 

with the requirements of this 

subchapter. 

(g) Additional requirements for 

internal combustion engines and 

vehicles with certain electronic 

equipment when transported by aircraft 

or vessel. When an internal combustion 

engine that is not installed in a vehicle 

or equipment is offered for 

transportation by aircraft or vessel, all 

fuel, coolant or hydraulic systems 

remaining in the engine must be drained 

as far as practicable, and all 

disconnected fluid pipes that previously 

contained fluid must be sealed with 

leak-proof caps that are positively 

retained. When offered for 

transportation by aircraft, vehicles 

equipped with theft-protection devices, 

installed radio communications 

equipment or navigational systems must 

have such devices, equipment or 

systems disabled. 

(h) Exceptions. Except as provided in 

paragraph (f)(2) of this section, 

shipments made under the provisions of 

this section— 

(1) Are not subject to any other 

requirements of this subchapter for 

transportation by motor vehicle or rail 

car; and 

(2) Are not subject to the requirements 

of subparts D, E and F (marking, 

labeling and placarding, respectively) of 

part 172 of this subchapter or § 172.604 

of this subchapter (emergency response 

telephone number) for transportation by 

vessel or aircraft. For transportation by 

aircraft, the provisions of § 173.159(b)(2) 

of this part as applicable, the provisions 

of § 173.230(f), as applicable, other 

applicable requirements of this 

subchapter, including shipping papers, 

emergency response information, 

notification of pilot-in-command, 

general packaging requirements, and the 

requirements specified in § 173.27 of 

this subchapter must be met. For 

transportation by vessel, additional 

exceptions are specified in § 176.905 of 

this subchapter. 

■ 49. In § 173.225: 

■ a. In paragraph (c)(8), the Organic 

Peroxide Table is amended by removing 

the entries under the [REMOVE] 

heading and adding entries under the 

[ADD] heading in the table below. 

■ b. In paragraph (e), the Organic 

Peroxide IBC Table is amended by 

revising the entry for ‘‘Peroxyacetic acid, 

stabilized, not more than 17%’’ under 

‘‘3109 ORGANIC PEROXIDE, TYPE F, 

LIQUID’’. 

§ 173.225 Packaging requirements and 

other provisions for organic peroxides. 

* * * * * 

(c) * * * 

(8) * * * 

ORGANIC PEROXIDE TABLE

Technical name ID No. Concent. 

(mass %) 

Diluent 

(mass 

%) A 

Diluent 

(mass 

%) B 

Diluent 

(mass 

%) I 

Water 

(mass 

%) 

Packing 

method 

Temp 

control 

Temp 

emergency Notes 

(1) (2) (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8) 

[REMOVE] .................................. .............. ................ .............. .............. .............. .............. .............. .............. .............. ..............

*******

Di-(2-tert-butylperoxyisopropyl) 

benzene(s).

UN3106 > 42–100 .............. .............. ≤ 57 .............. OP7 ...... .............. .............. 1, 9 


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ORGANIC PEROXIDE TABLE—Continued 

Technical name ID No. Concent. 

(mass %) 

Diluent 

(mass 

%) A 

Diluent 

(mass 

%) B 

Diluent 

(mass 

%) I 

Water 

(mass 

%) 

Packing 

method 

Temp 

control 

Temp 

emergency Notes 

(1) (2) (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8) 

Di-(2-tert-butylperoxyisopropyl) 

benzene(s).

Exempt ≤ 42 .............. .............. ≥ 58 .............. Exempt .............. .............. ..............

* * * * * * * 

2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane.UN3105 > 52–100 .............. .............. .............. .............. OP7 ...... .............. .............. ..............

* * * * * * * 

[ADD] .......................................... .............. ................ .............. .............. .............. .............. .............. .............. .............. ..............

* * * * * * * 

Di-(tert-butylperoxyisopropyl) 

benzene(s).

UN3106 > 42–100 .............. .............. ≤ 57 .............. OP7 ...... .............. .............. 1, 9 

Di-(tert-butylperoxyisopropyl) 

benzene(s).

Exempt ≤ 42 .............. .............. ≥ 58 .............. Exempt .............. .............. ..............

* * * * * * * 

2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane.UN3103 > 90–100 .............. .............. .............. .............. OP5 ...... .............. .............. ..............

2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane.UN3105 > 52—90 ≥ 10 .............. .............. .............. OP7 ...... .............. .............. ..............

* * * * * * * 

* * * * * (e) * * * 

ORGANIC PEROXIDE IBC TABLE

UN No. Organic peroxide Type of IBC 

Maximum 

quantity 

(liters) 

Control 

temperature 

Emergency 

temperature 

*******

3109 ......... ORGANIC PEROXIDE, TYPE F, LIQUID ............................................................ .................... .................... .................... .........

* * * * * * * 

Peroxyacetic acid, stabilized, not more than 17% ............................................... 31A 1500 .................... .........

31H1 1500 .................... .........

31H2 1500 .................... .........

31HA1 1500 .................... .........

* * * * * * * 

* * * * * 

■ 50. In § 173.230, paragraphs (g) and 

(h) are revised to read as follows: 

§ 173.230 Fuel cell cartridges containing 

hazardous material. 

* * * * * 

(g) Limited quantities. Limited 

quantities of hazardous materials 

contained in fuel cell cartridges are 

excepted from the labeling 

requirements, unless the cartridges are 

offered for transportation or transported 

by aircraft, and from the placarding and 

specification packaging requirements of 

this subchapter when packaged 

according to this section. Each package 

must conform to the packaging 

requirements of subpart B of this part 

and may not exceed 30 kg (66 pounds) 

gross weight. Except as authorized in 

paragraph (h) of this section, a package 

containing a limited quantity of fuel cell 

cartridges must be marked as specified 

in § 172.315 of this subchapter and, for 

transportation by highway or rail, is not 

subject to the shipping paper 

requirements of subpart C of part 172 of 

this subchapter, unless the material 

meets the definition of a hazardous 

substance, hazardous waste, or marine 

pollutant, and are eligible for the 

exceptions provided in § 173.156 of 

part. For transportation by highway, rail 

and vessel, the following combination 

packagings are authorized: 

(1) For flammable liquids, in fuel cell 

cartridges containing not more than 1.0 

L (0.3 gallon) per cartridge, packed in 

strong outer packaging. 

(2) For water-reactive substances 

(Division 4.3 Dangerous when wet 

material), in fuel cell cartridges 

containing not more than 0.5 L (16.9 

fluid ounces) for liquids or not over 0.5 

kg (1.1 pound) for solids per cartridge, 

packed in strong outer packaging. 

(3) For corrosive materials, in fuel cell 

cartridges containing not more than 1.0 

L (0.3 gallon) for liquids or not more 

than 1.0 kg (2.2 pounds) for solids per 


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cartridge, packed in strong outer 

packaging. 

(4) For liquefied (compressed) 

flammable gas, in fuel cell cartridges not 

over 120 mL (4 fluid ounces) net 

capacity per cartridge, packed in strong 

outer packaging. 

(5) For hydrogen in metal hydride, in 

fuel cell cartridges not over 120 mL (4 

fluid ounces) net capacity per cartridge, 

packed in strong outer packaging. 

(6) For transportation by aircraft, the 

following combination packagings are 

authorized: 

(i) For flammable liquids, in fuel cell 

cartridges containing not more than 0.5 

L (16.9 fluid ounces) per cartridge, 

packed in strong outer packaging. 

Additionally, each package may contain 

no more than 2.5 kg (net mass) of fuel 

cell cartridges. 

(ii) For water-reactive substances 

(Division 4.3 Dangerous when wet 

material), in fuel cell cartridges 

containing not more than 200 g (0.4 

pounds) of solid fuel per cartridge, 

packed in strong outer packaging. 

Additionally, each package may contain 

no more than 2.5 kg (net mass) of fuel 

cell cartridges. 

(iii) For corrosive materials, in fuel 

cell cartridges containing not more than 

200 mL (6.7 fluid ounces) for liquids or 

not more than 200 g (0.4 pounds) for 

solids per cartridge packed in strong 

outer packaging. Additionally, each 

package may contain no more than 2.5 

kg (net mass) of fuel cell cartridges. 

(iv) For liquefied (compressed) 

flammable gas, in fuel cell cartridges not 

over 120 mL (4 fluid ounces) net 

capacity per cartridge, packed in strong 

outer packaging. Additionally, each 

package may contain no more than 0.5 

kg (net mass) of fuel cell cartridges. 

(v) For hydrogen in metal hydride, in 

fuel cell cartridges not over 120 mL (4 

fluid ounces) net capacity per cartridge, 

packed in strong outer packaging. 

Additionally, each package may contain 

no more than 0.5 kg (net mass) of fuel 

cell cartridges. 

(h) Consumer commodities. Until 

December 31, 2013, except for 

transportation by aircraft, a limited 

quantity that conforms to the provisions 

of paragraph (g) of this section and is 

also a ‘‘consumer commodity’’ as 

defined in § 171.8 of this subchapter on 

October 1, 2010 may be renamed 

‘‘Consumer commodity’’ and reclassed 

as ORM–D. Shipments of ORM–D 

materials are not subject to the shipping 

paper requirements of subpart C of part 

172 of this subchapter, unless the 

material meets the definition of a 

hazardous substance, hazardous waste, 

marine pollutant, and are eligible for the 

exceptions provided in § 173.156 of this 

part. 

■ 51. In § 173.301b, paragraphs (c)(2)(iii) 

and (e) are revised to read as follows: 

§ 173.301b Additional general 

requirements for shipment of UN pressure 

receptacles. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) By protecting the valves by 

shrouds or guards conforming to the 

requirements in ISO 11117 (IBR; see 

§ 171.7 of this subchapter). For metal 

hydride storage systems, by protecting 

the valves in accordance with the 

requirements in ISO 16111 (IBR; see 

§ 171.7 of this subchapter). 

* * * * * 

(e) Pyrophoric gases. A UN pressure 

receptacle must have valve outlets 

equipped with gas-tight plugs or caps 

when used for pyrophoric or flammable 

mixtures of gases containing more than 

1% pyrophoric compounds. When UN 

pressure receptacles are manifolded in a 

bundle, each of the pressure receptacles 

must be equipped with an individual 

valve that must be closed while in 

transportation, and the outlet of the 

manifold valve must be equipped with 

a pressure retaining gas-tight plug or 

cap. Gas-tight plugs or caps must have 

threads that match those of the valve 

outlets. 

* * * * * 

■ 52. In § 173.306, paragraphs (h)(2), (i), 

and (l) are revised to read as follows: 

§ 173.306 Limited quantities of 

compressed gases. 

* * * * * 

(h) * * * 

(2) Exceptions. (i) For other than 

transportation by aircraft, special 

exceptions for shipment of lighter refills 

in the ORM–D class are provided in 

paragraph (i) of this section. 

(ii) For highway transportation, when 

no more than 1,500 lighter refills 

covered by this paragraph are 

transported in one motor vehicle, the 

requirements of subparts C through H of 

part 172, and Part 177 of this subchapter 

do not apply. Lighter refills covered 

under this paragraph must be packaged 

in rigid, strong outer packagings 

meeting the general packaging 

requirements of subpart B of this part. 

Outer packagings must be plainly and 

durably marked on two opposing sides 

or ends with the words ‘‘LIGHTER 

REFILLS’’ and the number of devices 

contained therein in letters measuring at 

least 20 mm (0.79 in) in height. No 

person may offer for transportation or 

transport the lighter refills or prepare 

the lighter refills for shipment unless 

that person has been specifically 

informed of the requirements of this 

section. 

(i) Limited quantities. (1) A limited 

quantity that conforms to the provisions 

of paragraph (a)(1), (a)(3), (a)(5), (b) or, 

except for transportation by aircraft, 

paragraph (h) of this section is excepted 

from labeling requirements, unless the 

material is offered for transportation or 

transported by aircraft, and the 

specification packaging requirements of 

this subchapter when packaged in 

combination packagings according to 

this paragraph. Packages must be 

marked in accordance with § 172.315(a) 

or (b), as appropriate, or as authorized 

in paragraph (i)(2) of this section. 

Unless otherwise specified in paragraph 

(i)(2) of this section, packages of limited 

quantities intended for transportation by 

aircraft must conform to the applicable 

requirements (e.g., authorized materials, 

inner packaging quantity limits and 

closure securement) of § 173.27 of this 

part. A limited quantity package that 

conforms to the provisions of this 

section is not subject to the shipping 

paper requirements of subpart C of part 

172 of this subchapter, unless the 

material meets the definition of a 

hazardous substance, hazardous waste, 

marine pollutant, or is offered for 

transportation and transported by 

aircraft or vessel, and is eligible for the 

exceptions provided in § 173.156 of this 

part. Outside packagings conforming to 

this paragraph are not required to be 

marked ‘‘INSIDE CONTAINERS 

COMPLY WITH PRESCRIBED 

REGULATIONS.’’ In addition, packages 

of limited quantities are not subject to 

subpart F (Placarding) of part 172 of this 

subchapter. Each package must conform 

to the packaging requirements of 

subpart B of this part and may not 

exceed 30 kg (66 pounds) gross weight. 

(2) Until December 31, 2013, a limited 

quantity package containing a 

‘‘consumer commodity’’ as defined in 

§ 171.8 of this subchapter may be 

renamed ‘‘Consumer commodity’’ and 

reclassed as ORM–D or ORM–D–AIR 

material and offered for transportation 

and transported in accordance with the 

applicable provisions of this subchapter 

in effect on October 1, 2010. 

* * * * * 

(l) For additional exceptions, see 

§ 173.307. 

■ 53. In § 173.307, paragraph (a)(6) is 

added to read as follows: 

§ 173.307 Exceptions for compressed 

gases. 

(a) * * * 

(6) Light bulbs, provided they are 

packaged so that the projectile effects of 


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any rupture of the bulb will be 

contained within the package. 

* * * * * 

■ 54. Section 173.311 is added to read 

as follows: 

§ 173.311 Metal hydride storage systems. 

The following packing instruction is 

applicable to transportable UN Metal 

hydride storage systems (UN3468) with 

pressure receptacles not exceeding 150 

liters (40 gallons) in water capacity and 

having a maximum developed pressure 

not exceeding 25 MPa. Metal hydride 

storage systems must be designed, 

constructed, initially inspected and 

tested in accordance with ISO 16111 

(IBR, see § 171.7 of this subchapter) as 

authorized under § 178.71(f) of this 

subchapter. Steel pressure receptacles or 

composite pressure receptacles with 

steel liners must be marked in 

accordance with § 173.301b(f) of this 

part which specifies that a steel UN 

pressure receptacle bearing an ‘‘H’’ mark 

must be used for hydrogen bearing gases 

or other gases that may cause hydrogen 

embrittlement. Requalification intervals 

must be no more than every five years 

as specified in § 180.207 of this 

subchapter in accordance with the 

requalification procedures prescribed in 

ISO 16111. 

■ 55. In 173.322, paragraph (e) is added 

to read as follows: 

§ 173.322 Ethyl chloride. 

* * * * * 

(e) In capsules under the following 

conditions: 

(1) The mass of gas must not exceed 

150 g (5.30 ounces) per capsule; 

(2) The capsule must be free of faults 

liable to impair its strength; 

(3) The leakproofness integrity of the 

closure must be maintained by a 

secondary means (e.g., cap, crown, seal, 

binding, etc.) capable of preventing any 

leakage of the closure while in 

transportation; and 

(4) The capsules must be placed in a 

strong outer packaging suitable for the 

contents and may not exceed a gross 

mass of 75 kg (165 pounds). 

PART 175—CARRIAGE BY AIRCRAFT 

■ 56. The authority citation for part 175 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 44701; 49 

CFR 1.45 and 1.53. 

■ 57. In § 175.8, in paragraph (b)(3), the 

first sentence is revised to read as 

follows: 

§ 175.8 Exceptions for operator equipment 

and items of replacement. 

* * * * * 

(b) * * * 

(3) Aerosols of Division 2.2 only (for 

dispensing of food products), alcoholic 

beverages, colognes, liquefied gas 

lighters, and perfumes carried aboard a 

passenger-carrying aircraft by the 

operator for use or sale on that specific 

aircraft. * * * 

* * * * * 

■ 58. Section 175.9 is revised to read as 

follows: 

§ 175.9 Special aircraft operations. 

(a) This subchapter applies to 

rotorcraft external load operations 

transporting hazardous material on 

board, attached to, or suspended from 

an aircraft. Operators must have all 

applicable requirements prescribed in 

14 CFR Part 133 approved by the FAA 

Administrator prior to accepting or 

transporting hazardous material. In 

addition, rotorcraft external load 

operations must be approved by the 

Associate Administrator prior to the 

initiation of such operations. 

(b) Exceptions. This subchapter does 

not apply to the following materials 

used for special aircraft operations 

when applicable FAA operator 

requirements have been met, including 

training operator personnel on the 

proper handling and stowage of the 

hazardous materials carried: 

(1) Hazardous materials loaded and 

carried in hoppers or tanks of aircraft 

certificated for use in aerial seeding, 

dusting spraying, fertilizing, crop 

improvement, or pest control, to be 

dispensed during such an operation. 

(2) Parachute activation devices, 

lighting equipment, oxygen cylinders, 

flotation devices, smoke grenades, 

flares, or similar devices carried during 

a parachute operation. 

(3) Smoke grenades, flares, and 

pyrotechnic devices affixed to aircraft 

during any flight conducted as part of a 

scheduled air show or exhibition of 

aeronautical skill. The aircraft may not 

carry any persons other than required 

flight crewmembers. The affixed 

installation accommodating the smoke 

grenades, flares, or pyrotechnic devices 

on the aircraft must be approved for its 

intended use by the FAA Flight 

Standards District Office having 

responsibility for that aircraft. 

(4) Hazardous materials are carried 

and used during dedicated air 

ambulance, fire fighting, or search and 

rescue operations. 

(5) A transport incubator unit 

necessary to protect life or an organ 

preservation unit necessary to protect 

human organs, carried in the aircraft 

cabin, provided: 

(i) The compressed gas used to 

operate the unit is in an authorized DOT 

specification cylinder and is marked, 

labeled, filled, and maintained as 

prescribed by this subchapter; 

(ii) Each battery used is of the 

nonspillable type; 

(iii) The unit is constructed so that 

valves, fittings, and gauges are protected 

from damage; 

(iv) The pilot-in-command is advised 

when the unit is on board, and when it 

is intended for use; 

(v) The unit is accompanied by a 

person qualified to operate it; 

(vi) The unit is secured in the aircraft 

in a manner that does not restrict access 

to or use of any required emergency or 

regular exit or of the aisle in the 

passenger compartment; and, 

(vii) Smoking within 3 m (10 feet) of 

the unit is prohibited. 

(6) Hazardous materials that are 

loaded and carried on or in cargo only 

aircraft, and that are to be dispensed or 

expended during flight for weather 

control, environmental restoration or 

protection, forest preservation and 

protection, fire fighting and prevention, 

flood control, or avalanche control 

purposes, when the following 

requirements are met: 

(i) Operations may not be conducted 

over densely populated areas, in a 

congested airway, or near any airport 

where carrier passenger operations are 

conducted. 

(ii) Each operator must prepare and 

keep current a manual containing 

operational guidelines and handling 

procedures, for the use and guidance of 

flight, maintenance, and ground 

personnel concerned in the dispensing 

or expending of hazardous materials. 

The manual must be approved by the 

FAA Principal Operations Inspector 

assigned to the operator. 

(iii) No person other than a required 

flight crewmember, FAA inspector, or 

person necessary for handling or 

dispensing the hazardous material may 

be carried on the aircraft. 

(iv) The operator of the aircraft must 

have advance permission from the 

owner of any airport to be used for the 

dispensing or expending operation. 

(v) When Division 1.1, 1.2, and 1.3 

materials (except detonators and 

detonator assemblies) and detonators or 

detonator assemblies are carried for 

avalanche control flights, the explosives 

must be handled by, and at all times be 

under the control of, a qualified blaster. 

When required by a State or local 

authority, the blaster must be licensed 

and the State or local authority must be 

identified in writing to the FAA 

Principal Operations Inspector assigned 

to the operator. 

■ 59. In § 175.10: 


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■ a. Paragraphs (a)(17) and (18) are 

redesignated as paragraphs (a)(18) and 

(19), respectively; 

■ b. New paragraph (a)(17) is added; and 

■ c. Newly redesignated paragraph 

(a)(19) is revised. 

The addition and revision read as 

follows: 

§ 175.10 Exceptions for passengers, 

crewmembers, and air operators. 

(a) * * * 

(17) A lithium ion battery-powered 

wheelchair or other mobility aid as 

follows: 

(i) A wheelchair or other mobility aid 

equipped with a lithium ion battery, 

when carried as checked baggage, 

provided— 

(A) The lithium ion battery must be of 

a type that successfully passed each test 

in the UN Manual of Tests and Criteria 

as specified in § 173.185 of this 

subchapter, unless approved by the 

Associate Administrator; 

(B) Visual inspection including 

removal of the battery, where necessary, 

reveals no obvious defects (removal of 

the battery from the housing should be 

performed by qualified airline personnel 

only); 

(C) Battery terminals must be 

protected from short circuits (e.g., by 

being enclosed within a battery 

container that is securely attached to the 

mobility aid); 

(D) The pilot-in-command is advised, 

either orally or in writing, prior to 

departure, as to the location of the 

wheelchair or mobility aid aboard the 

aircraft; and 

(E) The wheelchair or mobility aid is 

loaded, stowed, secured and unloaded 

in an upright position and in a manner 

that prevents unintentional activation 

and protects it from damage. 

(F) A lithium metal battery is 

forbidden aboard a passenger-carrying 

aircraft. 

(ii) A wheelchair or other mobility aid 

when carried as checked or carry-on 

baggage, provided— 

(A) The wheelchair or other mobility 

aid is designed and constructed in a 

manner to allow for stowage in either a 

cargo compartment or in the passenger 

cabin; 

(B) The lithium ion battery is 

removed; and 

(C) The lithium ion battery and any 

spare batteries are carried in the same 

manner as spare batteries in paragraph 

(a)(18) of this section. 

* * * * * 

(19) Portable electronic devices (e.g., 

cellular phones, laptop computers, and 

camcorders) powered by fuel cell 

systems, and not more than two spare 

fuel cell cartridges per passenger or 

crew member, when transported in 

carry-on baggage for personal use under 

the following conditions: 

(i) Fuel cell cartridges may contain 

only Division 2.1 liquefied flammable 

gas, or hydrogen in a metal hydride, 

Class 3 flammable liquids (including 

methanol), Division 4.3 water reactive 

substances, or Class 8 corrosive 

materials; 

(ii) The maximum water capacity of a 

fuel cell cartridge for hydrogen in a 

metal hydride may not exceed 120 mL 

(4 fluid ounces). The maximum quantity 

of fuel in all other fuel cell cartridge 

types may not exceed: 

(A) 200 mL (6.76 ounces) for liquids; 

(B) 120 mL (4 fluid ounces) for 

liquefied gases in non-metallic fuel cell 

cartridges, or 200 mL (6.76 ounces) for 

liquefied gases in metal fuel cell 

cartridges; or 

(C) 200 g (7 ounces) for solids. 

(iii) No more than two spare fuel cell 

cartridges may be carried by a 

passenger; 

(iv) Fuel cells containing fuel are 

permitted in carry-on baggage only; 

(v) Fuel cell cartridges containing 

hydrogen in a metal hydride must meet 

the requirements in § 173.230(d); 

(vi) Fuel cell cartridges may not be 

refillable by the user. Refueling of fuel 

cell systems is not permitted except that 

the installation of a spare cartridge is 

allowed. Fuel cell cartridges that are 

used to refill fuel cell systems but that 

are not designed or intended to remain 

installed (fuel cell refills) in a portable 

electronic device are not permitted; 

(vii) Fuel cell systems and fuel cell 

cartridges must conform to IEC/PAS 

62282–6–1 (IBR; see § 171.7 of this 

subchapter); 

(viii) Interaction between fuel cells 

and integrated batteries in a device must 

conform to IEC/PAS 62282–6–1 (IBR, 

see § 171.7 of this subchapter). Fuel cell 

systems for which the sole function is 

to charge a battery in the device are not 

permitted; 

(ix) Fuel cell systems must be of a 

type that will not charge batteries when 

the consumer electronic device is not in 

use; and 

(x) Each fuel cell cartridge and system 

that conforms to the requirements in 

this paragraph (a)(18) must be durably 

marked by the manufacturer with the 

wording: ‘‘APPROVED FOR CARRIAGE 

IN AIRCRAFT CABIN ONLY’’ to certify 

that the fuel cell cartridge or system 

meets the specifications in IEC/PAS 

62282–6–1 (IBR, see § 171.7 of this 

subchapter) and with the maximum 

quantity and type of fuel contained in 

the cartridge or system. 

(xi) Spare fuel cell cartridges 

containing a flammable liquid (Class 3) 

or corrosive material (Class 8) may be 

transported in checked baggage. 

(xii) Spare fuel cell cartridges 

containing liquefied flammable gas 

(Division 2.1), hydrogen in a metal 

hydride (Division 2.1) or water reactive 

material (Division 4.3) may only be 

transported in carry-on baggage. 

* * * * * 

■ 60. Section 175.25 is revised to read 

as follows: 

§ 175.25 Notification at air passenger 

facilities of hazardous materials 

restrictions. 

(a) Each person who engages in forhire air transportation of passengers 

must display notices of the 

requirements applicable to the carriage 

of hazardous materials aboard aircraft, 

and the penalties for failure to comply 

with those requirements in accordance 

with this section. Each notice must be 

legible, and be prominently displayed 

so it can be seen by passengers in 

locations where the aircraft operator 

issues tickets, checks baggage, and 

maintains aircraft boarding areas. At a 

minimum, each notice must 

communicate the following information: 

(1) Federal law forbids the carriage of 

hazardous materials aboard aircraft in 

your luggage or on your person. A 

violation can result in five years’ 

imprisonment and penalties of $250,000 

or more (49 U.S.C. 5124). Hazardous 

materials include explosives, 

compressed gases, flammable liquids 

and solids, oxidizers, poisons, 

corrosives and radioactive materials. 

Examples: Paints, lighter fluid, 

fireworks, tear gases, oxygen bottles, 

and radio-pharmaceuticals. 

(2) There are special exceptions for 

small quantities (up to 70 ounces total) 

of medicinal and toilet articles carried 

in your luggage and certain smoking 

materials carried on your person. For 

further information contact your airline 

representative. 

(b) Ticket purchase. An aircraft 

operator must ensure that information 

on the types of hazardous materials 

specified in paragraph (a) of this section 

a passenger is permitted and forbidden 

to transport aboard an aircraft is 

provided at the point of ticket purchase. 

During the purchase process, regardless 

if the process is completed remotely 

(e.g., via the Internet or phone) or when 

completed at the airport, with or 

without assistance from another person 

(e.g., automated check-in facility), the 

aircraft operator must ensure that 

information on the types of hazardous 

materials a passenger is forbidden to 

transport aboard an aircraft is provided 

to passengers. Information may be in 

text or in pictorial form and, effective 


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January 1, 2013, must be such that the 

final ticket purchase cannot be 

completed until the passenger or a 

person acting on the passenger’s behalf 

has indicated that it understands the 

restrictions on hazardous materials in 

baggage. 

(c) Check-in. An aircraft operator 

must ensure that information on the 

types of hazardous materials specified 

in paragraph (a) of this section a 

passenger is permitted and forbidden to 

transport aboard an aircraft is provided 

during the flight check-in process. 

(1) Effective January 1, 2013, when 

the flight check-in process is conducted 

remotely (e.g., via the Internet or phone) 

or when completed at the airport, 

without assistance from another person 

(e.g., automated check-in kiosk), the 

aircraft operator must ensure that 

information on the types of hazardous 

materials a passenger is forbidden to 

transport aboard an aircraft is provided 

to passengers. Information may be in 

text or in pictorial form and should be 

such that the check in process cannot be 

completed until the passenger or a 

person acting on the passenger’s behalf 

has indicated that it understands the 

restrictions on hazardous materials in 

baggage. 

(2) When the check in process is not 

conducted remotely (e.g., at the airport 

with the assistance of an airline 

representative), passenger notification of 

permitted and forbidden hazardous 

materials may be completed through 

signage (electronic or otherwise), 

provided it is legible and prominently 

displayed. 

■ 61. In § 175.30, paragraph (e)(3) is 

revised to read as follows: 

§ 175.30 Inspecting shipments. 

* * * * * 

(e) * * * 

(3) The word ‘‘OVERPACK’’ appears 

on the outside of the overpack when 

specification packagings are required. 

■ 62. Section 175.75 is revised to read 

as follows: 

§ 175.75 Quantity limitations and cargo 

location. 

(a) No person may carry on an aircraft 

a hazardous material except as 

permitted by this subchapter. 

(b) Except as otherwise provided in 

this subchapter, no person may carry a 

hazardous material in the cabin of a 

passenger-carrying aircraft or on the 

flight deck of any aircraft, and the 

hazardous material must be located in a 

place that is inaccessible to persons 

other than crew members. Hazardous 

materials may be carried in a main deck 

cargo compartment of a passenger 

aircraft provided that the compartment 

is inaccessible to passengers and that it 

meets all certification requirements for 

a Class B aircraft cargo compartment in 

14 CFR 25.857(b) or for a Class C aircraft 

cargo compartment in 14 CFR 25.857(c). 

A package bearing a ‘‘KEEP AWAY 

FROM HEAT’’ handling marking must 

be protected from direct sunshine and 

stored in a cool and ventilated place, 

away from sources of heat. 

(c) For each package containing a 

hazardous material acceptable for 

carriage aboard passenger-carrying 

aircraft, no more than 25 kg (55 pounds) 

net weight of hazardous material may be 

loaded in an inaccessible manner. In 

addition to the 25 kg limitation, an 

additional 75 kg (165 pounds) net 

weight of Division 2.2 (non-flammable 

compressed gas) may be loaded in an 

inaccessible manner. The requirements 

of this paragraph do not apply to Class 

9, ORM–D–AIR and Limited or 

Excepted Quantity material. 

(d) For the purposes of this section— 

(1) Accessible means, on passengercarrying or cargo-only aircraft that each 

package is loaded where a crew member 

or other authorized person can access, 

handle and, when size and weight 

permit, separate such packages from 

other cargo during flight including a 

freight container in an accessible cargo 

compartment when packages are loaded 

in an accessible manner. Additionally, a 

package is considered accessible when 

transported on a cargo-only aircraft if it 

is: 

(i) In a cargo compartment certified by 

FAA as a Class C aircraft cargo 

compartment as defined in 14 CFR 

25.857(c); or 

(ii) In an FAA-certified freight 

container that has an approved fire or 

smoke detection system and fire 

suppression system equivalent to that 

required by the certification 

requirements for a Class C aircraft cargo 

compartment. 

(2) Inaccessible means all other 

configurations including a freight 

container in an accessible compartment 

when packages are loaded inaccessibly. 

(e) For transport aboard cargo-only 

aircraft, the requirements of paragraphs 

(c) and (d) of this section do not apply 

to the following hazardous materials: 

(1) Class 3, Packing Group III (that 

does not meet the definition of another 

hazard class except CORROSIVE), 

Division 6.1 ((primary) except those also 

labeled FLAMMABLE LIQUID), 

Division 6.2, Class 7, Class 9, and those 

marked as ORM–D–AIR, Limited 

Quantity or Excepted Quantity material. 

(2) Packages of hazardous materials 

transported aboard a cargo aircraft, 

when other means of transportation are 

impracticable or not available, in 

accordance with procedures approved 

in writing by the FAA Regional or Field 

Security Office in the region where the 

operator is located. 

(3) Packages of hazardous materials 

carried on small, single pilot, cargo 

aircraft if: 

(i) No person is carried on the aircraft 

other than the pilot, an FAA inspector, 

the shipper or consignee of the material, 

a representative of the shipper or 

consignee so designated in writing, or a 

person necessary for handling the 

material; 

(ii) The pilot is provided with written 

instructions on the characteristics and 

proper handling of the materials; and 

(iii) Whenever a change of pilots 

occurs while the material is on board, 

the new pilot is briefed under a handto-hand signature service provided by 

the operator of the aircraft. 

(f) At a minimum, quantity limits and 

loading instructions in the following 

quantity and loading table must be 

followed to maintain acceptable 

quantity and loading between packages 

containing hazardous materials. The 

quantity and loading table is as follows: 

QUANTITY AND LOADING TABLE

Applicability Forbidden 

Quantity Limitation: 25 kg net 

weight of hazardous material 

plus 75 kg net weight of Division 2.2 (non-flammable compressed gas) No limit 

Passenger-carrying aircraft ...... Cargo Aircraft Only labeled 

packages.

Inaccessible ............................ Accessible. 


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QUANTITY AND LOADING TABLE—Continued 

Applicability Forbidden 

Quantity Limitation: 25 kg net 

weight of hazardous material 

plus 75 kg net weight of Division 2.2 (non-flammable compressed gas) No limit 

Cargo-only aircraft—Packages 

authorized aboard a passenger-carrying aircraft.

Not applicable ......................... Inaccessible (See Note 1) ...... Accessible (See Note 2). 

Cargo-only aircraft—Packages 

not authorized aboard a passenger-carrying aircraft and 

displaying a Cargo Aircraft 

Only label.

Inaccessible (See Note 1) ...... Not applicable ......................... Accessible (See Note 2). 

Note 1: The following materials are not subject to this loading restriction— 

a. Class 3, PG III (unless the hazardous material meets the definition of another hazard class, except CORROSIVE). 

b. Primary Class 6 (unless also labeled as a flammable liquid). 

c. Class 7 (unless the hazardous material meets the definition of another hazard class). 

d. Class 9, ORM–D–AIR and Limited Quantity or Excepted Quantity material. 

Note 2: Aboard cargo-only aircraft, packages required to be loaded in a position that is considered to be accessible include those loaded in a 

Class C cargo compartment. 

■ 63. In § 175.78, paragraph (c)(4)(iii) is 

revised to read as follows: 

§ 175.78 Stowage compatibility of cargo. 

* * * * * 

(c) * * * 

(4) * * * 

(iii) Except for Division 1.4B 

explosives and as otherwise provided in 

this Note, explosives of different 

compatibility groups may be stowed 

together whether or not they belong to 

the same division. Division 1.4B 

explosives must not be stowed together 

with any other explosive permitted 

aboard aircraft except Division 1.4S, 

unless segregated as prescribed in 

paragraph (c)(4)(iv) of this section 

(‘‘Note 1’’). 

* * * * * 

PART 176—CARRIAGE BY VESSEL 

■ 64. The authority citation for part 176 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 65. In § 176.2, in the definition for 

‘‘Cargo transport unit,’’ the first sentence 

is revised to read as follows: 

§ 176.2 Definitions. 

* * * * * 

Cargo transport unit means a 

transport vehicle, a freight container, a 

portable tank or a multiple element gas 

container (MEGC). * * * 

* * * * * 

■ 66. In § 176.63, paragraph (f)(2) is 

revised to read as follows: 

§ 176.63 Stowage locations. 

* * * * * 

(f) * * * 

(2) The hatchless container hold is in 

full compliance with the provisions of 

SOLAS, Chapter II–2/Regulation 19 

(IBR; see § 171.7 of this subchapter), 

applicable to enclosed container cargo 

spaces, as appropriate for the cargo 

transported. 

■ 67. In § 176.76, paragraph (a)(9) is 

added to read as follows: 

§ 176.76 Transport vehicles, freight 

containers, and portable tanks containing 

hazardous materials. 

(a) * * * 

(9) When security devices, beacons or 

other tracking or monitoring equipment 

are used, they must be securely installed 

and must be of a certified safe type for 

the hazardous materials that will be 

carried within the freight container or 

transport vehicle in which such as 

device or equipment is installed. 

* * * * * 

§ 176.84 [Amended] 

■ 68. In § 176.84, in paragraph (b) Table 

of provisions, Code Number ‘‘143’’ and 

its corresponding provision are 

removed. 

§ 176.142 [Removed and Reserved] 

■ 69. Section 176.142 is removed and 

reserved. 

■ 70. Section 176.905 is revised to read 

as follows: 

§ 176.905 Stowage of motor vehicles or 

mechanical equipment. 

(a) A vehicle or any mechanical 

equipment powered by an internal 

combustion engine, a fuel cell, batteries 

or a combination thereof, is subject to 

the following requirements when 

carried as cargo on a vessel: 

(1) Before being loaded on a vessel, 

each vehicle or mechanical equipment 

must be inspected for fuel leaks and 

identifiable faults in the electrical 

system that could result in short circuit 

or other unintended electrical source of 

ignition. A vehicle or mechanical 

equipment showing any signs of leakage 

or electrical fault may not be 

transported. 

(2) The fuel tank of a vehicle or 

mechanical equipment powered by 

liquid fuel may not be more than onefourth full. 

(3) Whenever possible, each vehicle 

or mechanical equipment must be 

stowed to allow for its inspection during 

transportation. 

(4) Vehicles or mechanical equipment 

may be refueled when necessary in the 

hold of a vessel in accordance with 

§ 176.78 of this part. 

(b) All equipment used for handling 

vehicles or mechanical equipment must 

be designed so that the fuel tank and the 

fuel system of the vehicle or mechanical 

equipment are protected from stress that 

might cause rupture or other damage 

incident to handling. 

(c) Two hand-held, portable, dry 

chemical fire extinguishers of at least 

4.5 kg (10 pounds) capacity each must 

be separately located in an accessible 

location in each hold or compartment in 

which any vehicle or mechanical 

equipment is stowed. 

(d) ‘‘NO SMOKING’’ signs must be 

conspicuously posted at each access 

opening to the hold or compartment. 

(e) Each portable electrical light, 

including a flashlight, used in the 

stowage area must be an approved, 

explosion-proof type. All electrical 

connections for any light must be made 

to outlets outside the space in which 

any vehicle or mechanical equipment is 

stowed. 

(f) Each hold or compartment must be 

ventilated and fitted with an overhead 

water sprinkler system or fixed fire 

extinguisher system. 

(g) Each hold or compartment must be 

equipped with a smoke or fire detection 


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system capable of alerting personnel on 

the bridge. 

(h) All electrical equipment in the 

hold or compartment other than fixed 

explosion-proof lighting must be 

disconnected from its power source at a 

location outside the hold or 

compartment during the handling and 

transportation of any vehicle or 

mechanical equipment. Where the 

disconnecting means is a switch or 

circuit breaker, it must be locked in the 

open position until all vehicles have 

been removed. 

(i) Exceptions—A vehicle or 

mechanical equipment is excepted from 

the requirements of this subchapter if 

the following requirements are met: 

(1) Internal combustion engines liquid 

fuel powered. (i) The vehicle or 

mechanical equipment has an internal 

combustion engine using liquid fuel that 

has a flashpoint less than 38°C (100°F), 

the fuel tank is empty, and the engine 

is run until it stalls for lack of fuel; or 

(ii) The vehicle or mechanical 

equipment has an internal combustion 

engine using liquid fuel that has a 

flashpoint of 38°C (100°F) or higher, the 

fuel tank contains 418 L (110 gallons) of 

fuel or less, and there are no fuel leaks 

in any portion of the fuel system. 

(2) Vehicle ferry operations. The 

vehicle or mechanical equipment is 

stowed in a hold or compartment 

designated by the administration of the 

country in which the vessel is registered 

as specially designed and approved for 

vehicles and mechanical equipment and 

there are no signs of leakage from the 

battery, engine, fuel cell, compressed 

gas cylinder or accumulator, or fuel 

tank, as appropriate. For vehicles with 

batteries connected and fuel tanks 

containing gasoline transported by U.S. 

vessels, see 46 CFR 70.10–1 and 90.10– 

38. 

(3) Battery-powered. The vehicle or 

mechanical equipment is electrically 

powered solely by wet electric storage 

batteries (including nonspillable 

batteries) or sodium batteries; 

(4) Flammable gas powered. The 

vehicle or mechanical equipment is 

equipped with liquefied petroleum gas 

or other compressed gas fuel tanks, the 

tanks are completely emptied of 

liquefied or compressed gas and the 

positive pressure in the tank does not 

exceed 2 bar (29 psig), the line from the 

fuel tank to the regulator and the 

regulator itself is drained of all traces of 

liquefied or compressed gas, and the 

fuel shut-off valve is closed. 

(j) Except as provided in § 173.220(d) 

of this subchapter, the provisions of this 

subchapter do not apply to items of 

equipment such as fire extinguishers, 

compressed gas accumulators, airbag 

inflators and the like which are installed 

in the vehicle or mechanical equipment 

if they are necessary for the operation of 

the vehicle or equipment, or for the 

safety of its operator or passengers. 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

■ 71. The authority citation for part 178 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 72. Section 178.71 is revised to read 

as follows: 

§ 178.71 Specifications for UN pressure 

receptacles. 

(a) General. Each UN pressure 

receptacle must meet the requirements 

of this section. Requirements for 

approval, qualification, maintenance, 

and testing are contained in § 178.70, 

and subpart C of part 180 of this 

subchapter. 

(b) Definitions. The following 

definitions apply for the purposes of 

design and construction of UN pressure 

receptacles under this subpart: 

Alternative arrangement means an 

approval granted by the Associate 

Administrator for a MEGC that has been 

designed, constructed or tested to the 

technical requirements or testing 

methods other than those specified for 

UN pressure receptacles in part 178 or 

part 180 of this subchapter. 

Bundle of cylinders. See § 171.8 of 

this subchapter. 

Design type means a pressure 

receptacle design as specified by a 

particular pressure receptacle standard. 

Design type approval means an 

overall approval of the manufacturer’s 

quality system and design type of each 

pressure receptacle to be produced 

within the manufacturer’s facility. 

UN tube. See § 171.8 of this 

subchapter. 

(c) General design and construction. 

UN pressure receptacles and their 

closures must be designed, 

manufactured, tested and equipped in 

accordance with the requirements 

contained in this section. The ISO 

standard requirements applicable to UN 

pressure receptacles may be varied only 

if approved in writing by the Associate 

Administrator. 

(d) Service equipment. (1) Except for 

pressure relief devices, UN pressure 

receptacle equipment, including valves, 

piping, fittings, and other equipment 

subjected to pressure must be designed 

and constructed to withstand at least 1.5 

times the test pressure of the pressure 

receptacle. 

(2) Service equipment must be 

configured or designed to prevent 

damage that could result in the release 

of the pressure receptacle contents 

during normal conditions of handling 

and transport. Manifold piping leading 

to shut-off valves must be sufficiently 

flexible to protect the valves and the 

piping from shearing or releasing the 

pressure receptacle contents. The filling 

and discharge valves and any protective 

caps must be secured against 

unintended opening. The valves must 

conform to ISO 10297 (IBR, see § 171.7 

of this subchapter) and be protected as 

specified in § 173.301b(f) of this 

subchapter. 

(3) UN pressure receptacles that 

cannot be handled manually or rolled, 

must be equipped with devices (e.g., 

skids, rings, straps) ensuring that they 

can be safely handled by mechanical 

means and so arranged as not to impair 

the strength of, nor cause undue 

stresses, in the pressure receptacle. 

(4) Pressure receptacles filled by 

volume must be equipped with a level 

indicator. 

(e) Bundles of cylinders. UN pressure 

receptacles assembled in bundles must 

be structurally supported and held 

together as a unit and secured in a 

manner that prevents movement in 

relation to the structural assembly and 

movement that would result in the 

concentration of harmful local stresses. 

The frame design must ensure stability 

under normal operating conditions. 

(1) The frame must securely retain all 

the components of the bundle and must 

protect them from damage during 

conditions normally incident to 

transportation. The method of cylinder 

restraint must prevent any vertical or 

horizontal movement or rotation of the 

cylinder that could cause undue strain 

on the manifold. The total assembly 

must be able to withstand rough 

handling, including being dropped or 

overturned. 

(2) The frame must include features 

designed for the handling and 

transportation of the bundle. The lifting 

rings must be designed to withstand a 

design load of 2 times the maximum 

gross weight. Bundles with more than 

one lifting ring must be designed such 

that a minimum sling angle of 45 

degrees to the horizontal can be 

achieved during lifting using the lifting 

rings. If four lifting rings are used, their 

design must be strong enough to allow 

the bundle to be lifted by two rings. 

Where two or four lifting rings are used, 

diametrically opposite lifting rings must 

be aligned with each other to allow for 

correct lifting using shackle pins. If the 

bundle is filled with forklift pockets, it 

must contain two forklift pockets on 

each side from which it is to be lifted. 

The forklift pockets must be positioned 


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symmetrically consistent with the 

bundle center of gravity. 

(3) The frame structural members 

must be designed for a vertical load of 

2 times the maximum gross weight of 

the bundle. Design stress levels may not 

exceed 0.9 times the yield strength of 

the material. 

(4) The frame must not contain any 

protrusions from the exterior frame 

structure that could cause a hazardous 

condition. 

(5) The frame design must prevent 

collection of water or other debris that 

would increase the tare weight of 

bundles filled by weight. 

(6) The floor of the bundle frame must 

not buckle during normal operating 

conditions and must allow for the 

drainage of water and debris from 

around the base of the cylinders. 

(7) If the frame design includes 

movable doors or covers, they must be 

capable of being secured with latches or 

other means that will not become 

dislodged by operational impact loads. 

Valves that need to be operated in 

normal service or in an emergency must 

be accessible. 

(8) For bundles of cylinders, pressure 

receptacle marking requirements only 

apply to the individual cylinders of a 

bundle and not to any assembly 

structure. 

(f) Design and construction 

requirements for UN refillable welded 

cylinders. In addition to the general 

requirements of this section, UN 

refillable welded cylinders must 

conform to the following ISO standards, 

as applicable: 

(1) ISO 4706: Gas cylinders— 

Refillable welded steel cylinders—Test 

pressure 60 bar and below (IBR, see 

§ 171.7 of this subchapter). 

(2) ISO 18172–1: Gas cylinders— 

Refillable welded stainless steel 

cylinders—Part 1: Test pressure 6 MPa 

and below (IBR, see § 171.7 of this 

subchapter). 

(3) ISO 20703: Gas cylinders— 

Refillable welded aluminum-alloy 

cylinders—Design, construction and 

testing (IBR, see § 171.7 of this 

subchapter). 

(g) Design and construction 

requirements for UN refillable seamless 

steel cylinders. In addition to the 

general requirements of this section, UN 

refillable seamless steel cylinders must 

conform to the following ISO standards, 

as applicable: 

(1) ISO 9809–1: Gas cylinders— 

Refillable seamless steel gas cylinders— 

Design, construction and testing—Part 

1: Quenched and tempered steel 

cylinders with tensile strength less than 

1 100 MPa. (IBR, see § 171.7 of this 

subchapter). 

(2) ISO 9809–2: Gas cylinders— 

Refillable seamless steel gas cylinders— 

Design, construction and testing—Part 

2: Quenched and tempered steel 

cylinders with tensile strength greater 

than or equal to 1 100 MPa. (IBR, see 

§ 171.7 of this subchapter). 

(3) ISO 9809–3: Gas cylinders— 

Refillable seamless steel gas cylinders— 

Design, construction and testing—Part 

3: Normalized steel cylinders. (IBR, see 

§ 171.7 of this subchapter). 

(h) Design and construction 

requirements for UN refillable seamless 

aluminum alloy cylinders. In addition to 

the general requirements of this section, 

UN refillable seamless aluminum 

cylinders must conform to ISO 7866: 

Gas cylinders—Refillable seamless 

aluminum alloy gas cylinders—Design, 

construction and testing. (IBR, see 

§ 171.7 of this subchapter). The use of 

Aluminum alloy 6351–T6 or equivalent 

is prohibited. 

(i) Design and construction 

requirements for UN non-refillable 

metal cylinders. In addition to the 

general requirements of this section, UN 

non-refillable metal cylinders must 

conform to ISO 11118: Gas cylinders— 

Non-refillable metallic gas cylinders— 

Specification and test methods. (IBR, 

see § 171.7 of this subchapter.) 

(j) Design and construction 

requirements for UN refillable seamless 

steel tubes. In addition to the general 

requirements of this section, UN 

refillable seamless steel tubes must 

conform to ISO 11120: Gas cylinders— 

Refillable seamless steel tubes of water 

capacity between 150 L and 3000 L— 

Design, construction and testing. (IBR, 

see § 171.7 of this subchapter). 

(k) Design and construction 

requirements for UN acetylene 

cylinders. In addition to the general 

requirements of this section, UN 

acetylene cylinders must conform to the 

following ISO standards, as applicable: 

(1) For the cylinder shell: 

(i) ISO 9809–1: Gas cylinders— 

Refillable seamless steel gas cylinders— 

Design, construction and testing—Part 

1: Quenched and tempered steel 

cylinders with tensile strength less than 

1 100 MPa. 

(ii) ISO 9809–3: Gas cylinders— 

Refillable seamless steel gas cylinders— 

Design, construction and testing—Part 

3: Normalized steel cylinders. 

(2) The porous mass in an acetylene 

cylinder must conform to ISO 3807–2: 

Cylinders for acetylene—Basic 

requirements—Part 2: Cylinders with 

fusible plugs. (IBR, see § 171.7 of this 

subchapter). 

(l) Design and construction 

requirements for UN composite 

cylinders. (1) In addition to the general 

requirements of this section, UN 

composite cylinders must be designed 

for unlimited service life and conform to 

the following ISO standards, as 

applicable: 

(i) ISO 11119–1: Gas cylinders of 

composite construction—Specification 

and test methods—Part 1: Hoopwrapped composite gas cylinders. (IBR, 

see § 171.7 of this subchapter). 

(ii) ISO 11119–2: Gas cylinders of 

composite construction—Specification 

and test methods—Part 2: Fullywrapped fibre reinforced composite gas 

cylinders with load-sharing metal liners. 

(IBR, see § 171.7 of this subchapter). 

(iii) ISO 11119–3: Gas cylinders of 

composite construction—Specification 

and test methods—Part 3: Fully 

wrapped fibre reinforced composite gas 

cylinders with non-load sharing 

metallic or non-metallic liners. (IBR, see 

§ 171.7 of this subchapter). 

(2) ISO 11119–2 and ISO 11119–3 gas 

cylinders of composite construction 

manufactured in accordance with the 

requirements for underwater use must 

bear the ‘‘UW’’ mark. 

(m) Design and construction 

requirements for UN metal hydride 

storage systems. In addition to the 

general requirements of this section, 

metal hydride storage systems must 

conform to the following ISO standards, 

as applicable: ISO 16111: Transportable 

gas storage devices—Hydrogen absorbed 

in reversible metal hydride (IBR, see 

§ 171.7 of this subchapter). 

(n) Material compatibility. In addition 

to the material requirements specified in 

the UN pressure receptacle design and 

construction ISO standards, and any 

restrictions specified in part 173 for the 

gases to be transported, the 

requirements of the following standards 

must be applied with respect to material 

compatibility: 

(1) ISO 11114–1: Transportable gas 

cylinders—Compatibility of cylinder 

and valve materials with gas contents— 

Part 1: Metallic materials. (IBR, see 

§ 171.7 of this subchapter). 

(2) ISO 11114–2: Transportable gas 

cylinders—Compatibility of cylinder 

and valve materials with gas contents— 

Part 2: Non-metallic materials. (IBR, see 

§ 171.7 of this subchapter). 

(o) Protection of closures. Closures 

and their protection must conform to 

the requirements in § 173.301(f) of this 

subchapter. 

(p) Marking of UN refillable pressure 

receptacles. UN refillable pressure 

receptacles must be marked clearly and 

legibly. The required markings must be 

permanently affixed by stamping, 

engraving, or other equivalent method, 

on the shoulder, top end or neck of the 

pressure receptacle or on a permanently 


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affixed component of the pressure 

receptacle, such as a welded collar. 

Except for the ‘‘UN’’ mark, the minimum 

size of the marks must be 5 mm for 

pressure receptacles with a diameter 

greater than or equal to 140 mm, and 2.5 

mm for pressure receptacles with a 

diameter less than 140 mm. The 

minimum size of the ‘‘UN’’ mark must be 

5 mm for pressure receptacles with a 

diameter less than 140 mm, and 10 mm 

for pressure receptacles with a diameter 

of greater than or equal to 140 mm. The 

depth of the markings must not create 

harmful stress concentrations. A 

refillable pressure receptacle 

conforming to the UN standard must be 

marked as follows: 

(1) The UN packaging symbol. 

(2) The ISO standard, for example ISO 

9809–1, used for design, construction 

and testing. Acetylene cylinders must be 

marked to indicate the porous mass and 

the steel shell, for example: ‘‘ISO 3807– 

2/ISO 9809–1.’’ 

(3) The mark of the country where the 

approval is granted. The letters ‘‘USA’’ 

must be marked on UN pressure 

receptacles approved by the United 

States. The manufacturer must obtain an 

approval number from the Associate 

Administrator. The manufacturer 

approval number must follow the 

country of approval mark, separated by 

a slash (for example, USA/MXXXX). 

Pressure receptacles approved by more 

than one national authority may contain 

the mark of each country of approval, 

separated by a comma. 

(4) The identity mark or stamp of the 

IIA. 

(5) The date of the initial inspection, 

the year (four digits) followed by the 

month (two digits) separated by a slash, 

for example ‘‘2006/04’’. 

(6) The test pressure in bar, preceded 

by the letters ‘‘PH’’ and followed by the 

letters ‘‘BAR’’. 

(7) The rated charging pressure of the 

metal hydride storage system in bar, 

preceded by the letters ‘‘RCP’’ and 

followed by the letters ‘‘BAR.’’ 

(8) The empty or tare weight. Except 

for acetylene cylinders, empty weight is 

the mass of the pressure receptacle in 

kilograms, including all integral parts 

(e.g., collar, neck ring, foot ring, etc.), 

followed by the letters ‘‘KG’’. The empty 

weight does not include the mass of the 

valve, valve cap or valve guard or any 

coating. The empty weight must be 

expressed to three significant figures 

rounded up to the last digit. For 

cylinders of less than 1 kg, the empty 

weight must be expressed to two 

significant figures rounded down to the 

last digit. For acetylene cylinders, the 

tare weight must be marked on the 

cylinders in kilograms. The tare weight 

is the sum of the empty weight, mass of 

the valve, any coating and all 

permanently attached parts (e.g., fittings 

and accessories) that are not removed 

during filling. The tare weight must be 

expressed to two significant figures 

rounded down to the last digit. The tare 

weight does not include the cylinder 

cap or any outlet cap or plug not 

permanently attached to the cylinder. 

(9) The minimum wall thickness of 

the pressure receptacle in millimeters 

followed by the letters ‘‘MM’’. This mark 

is not required for pressure receptacles 

with a water capacity less than or equal 

to 1.0 L or for composite cylinders. 

(10) For pressure receptacles intended 

for the transport of compressed gases 

and UN 1001 acetylene, dissolved, the 

working pressure in bar, proceeded by 

the letters ‘‘PW’’. 

(11) For liquefied gases, the water 

capacity in liters expressed to three 

significant digits rounded down to the 

last digit, followed by the letter ‘‘L’’. If 

the value of the minimum or nominal 

water capacity is an integer, the digits 

after the decimal point may be omitted. 

(12) Identification of the cylinder 

thread type (e.g., 25E). 

(13) The country of manufacture. The 

letters ‘‘USA’’ must be marked on 

cylinders manufactured in the United 

States. 

(14) The serial number assigned by 

the manufacturer. 

(15) For steel pressure receptacles, the 

letter ‘‘H’’ showing compatibility of the 

steel, as specified in 1SO 11114–1. 

(16) Identification of aluminum alloy, 

if applicable. 

(17) Stamp for nondestructive testing, 

if applicable. 

(18) Stamp for underwater use of 

composite cylinders, if applicable. 

(19) For metal hydride storage 

systems having a limited life, the date 

of expiration indicated by the word 

‘‘FINAL,’’ followed by the year (four 

digits), the month (two digits) and 

separated by a slash. 

(q) Marking sequence. The marking 

required by paragraph (p) of this section 

must be placed in three groups as 

shown in the example below: 

(1) The top grouping contains 

manufacturing marks and must appear 

consecutively in the sequence given in 

paragraphs (p)(13) through (19) of this 

section. 

(2) The middle grouping contains 

operational marks described in 

paragraphs (p)(6) through (11) of this 

section. 

(3) The bottom grouping contains 

certification marks and must appear 

consecutively in the sequence given in 

paragraphs (p)(1) through (5) of this 

section. 


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(r) Other markings. Other markings 

are allowed in areas other than the side 

wall, provided they are made in low 

stress areas and are not of a size and 

depth that will create harmful stress 

concentrations. Such marks must not 

conflict with required marks. 

(s) Marking of UN non-refillable 

pressure receptacles. Unless otherwise 

specified in this paragraph, each UN 

non-refillable pressure receptacle must 

be clearly and legibly marked as 

prescribed in paragraph (p) of this 

section. In addition, permanent 

stenciling is authorized. Except when 

stenciled, the marks must be on the 

shoulder, top end or neck of the 

pressure receptacle or on a permanently 

affixed component of the pressure 

receptacle (e.g., a welded collar). 

(1) The marking requirements and 

sequence listed in paragraphs (p)(1) 

through (19) of this section are required, 

except the markings in paragraphs 

(p)(8), (9), (12) and (18) are not 

applicable. The required serial number 

marking in paragraph (p)(14) may be 

replaced by the batch number. 

(2) Each receptacle must be marked 

with the words ‘‘DO NOT REFILL’’ in 

letters of at least 5 mm in height. 

(3) A non-refillable pressure 

receptacle, because of its size, may 

substitute the marking required by this 

paragraph with a label. Reduction in 

marking size is authorized only as 

prescribed in ISO 7225, Gas cylinders— 

Precautionary labels. (IBR, see § 171.7 of 

this subchapter). 

(4) Each non-refillable pressure 

receptacle must also be legibly marked 

by stenciling the following statement: 

‘‘Federal law forbids transportation if 

refilled-penalty up to $500,000 fine and 

5 years in imprisonment (49 U.S.C. 

5124).’’ 

(5) No person may mark a nonrefillable pressure receptacle as meeting 

the requirements of this section unless 

it was manufactured in conformance 

with this section. 

■ 73. In § 178.275, paragraph (h) is 

revised to read as follows: 

§ 178.275 Specification for UN Portable 

Tanks intended for the transportation of 

liquid and solid hazardous materials. 

* * * * * 

(h) Fusible elements. Fusible elements 

must operate at a temperature between 

110 °C (230 °F) and 149 °C (300.2 °F), 

provided that the pressure in the shell 

at the fusing temperature will not 

exceed the test pressure. They must be 

placed at the top of the shell with their 

inlets in the vapor space and in no case 

may they be shielded from external 

heat. Fusible elements must not be 

utilized on portable tanks with a test 

pressure which exceeds 2.65 bar (265.0 

kPa); however, fusible elements are 

authorized on portable tanks for the 

transportation of certain organometallic 

materials in accordance with § 172.102, 

special provision TP36 of this 

subchapter. Fusible elements used on 

portable tanks intended for the transport 

of elevated temperature hazardous 

materials must be designed to operate at 

a temperature higher than the maximum 

temperature that will be experienced 

during transport and must be designed 

to the satisfaction of the approval 

agency. 

* * * * * 

■ 74. In § 178.347–1, paragraph (d)(9) is 

revised to read as follows: 

§ 178.347–1 General requirements. 

* * * * * 

(d) * * * 

(9) UW–12 in Section VIII of the 

ASME Code does not apply to a weld 

seam in a bulkhead that has not been 

radiographically examined, under the 

following conditions: 

(i) The strength of the weld seam is 

assumed to be 0.85 of the strength of the 

bulkhead. 

(ii) The welded seam must be a full 

penetration butt weld. 

(iii) No more than one seam may be 

used per bulkhead. 

(iv) The welded seam must be 

completed before forming the dish 

radius and knuckle radius. 

(v) Compliance test: Two test 

specimens of materials representative of 

those to be used in the manufacture of 

a cargo tank bulkhead must be tested to 

failure in tension. The test specimen 

must be of the same thickness and 

joined by the same welding procedure. 

The test specimens may represent all 

the tanks that are made in the same 

facility within 6 months after the tests 

are completed. Before welding, the fitup of the joints on the test specimens 

must represent production conditions 

that would result in the least joint 

strength. Evidence of joint fit-up and 

test results must be retained at the 

manufacturer’s facility for at least 5 

years. 

(vi) Acceptance criteria: The ratio of 

the actual tensile stress at failure to the 

actual tensile strength of the adjacent 


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The test specimens may represent all 

the tanks that are made in the same 

facility within 6 months after the tests 

are completed. Before welding, the fitup of the joints on the test specimens 

must represent production conditions 

that would result in the least joint 

strength. Evidence of joint fit-up and 

test results must be retained at the 

manufacturer’s facility for at least 5 

years. 

(vi) Acceptance criteria: The ratio of 

the actual tensile stress at failure to the 

actual tensile strength of the adjacent 

material of all samples of a test lot must 

be greater than 0.85. 

■ 75. In § 178.603, paragraph (f)(4) is 

revised to read as follows: 

§ 178.603 Drop test. 

* * * * * 

(f) * * * 

(4) The packaging or outer packaging 

of a composite or combination 

packaging must not exhibit any damage 

likely to affect safety during transport. 

Inner receptacles, inner packagings, or 

articles must remain completely within 

the outer packaging and there must be 

no leakage of the filling substance from 

the inner receptacles or inner 

packagings; 

* * * * * 

■ 76. In § 178.703, paragraph (a)(1)(viii) 

is revised to read as follows: 

§ 178.703 Marking of IBCs. 

(a) * * * 

(1) * * * 

(viii) The maximum permissible gross 

mass in kg. 

* * * * * 

■ 77. In § 178.955, paragraphs (c)(6) and 

(7) are added to read as follows: 

§ 178.955 General requirements. 

* * * * * 

(c) * * * 

(6) Remanufactured Large Packaging 

is a metal or rigid Large Packaging that 

is produced as a UN type from a nonUN type or is converted from one UN 

design type to another UN design type. 

Remanufactured Large Packagings are 

subject to the same requirements of this 

subchapter that apply to new Large 

Packagings of the same type. 

(7) Reused Large Packaging is a Large 

Packaging intended to be refilled and 

has been examined and found free of 

defects affecting its ability to withstand 

the performance tests. See also 

§ 173.36(c) of this subchapter. 

* * * * * 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 78. The authority citation for part 180 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

§ 180.207 [Amended] 

■ 79. In § 180.207, in paragraph (c), in 

Table 1, between the right-hand 

columns entries ‘‘Composite pressure 

receptacles’’ and ‘‘Pressure receptacles 

used for,’’ a new entry ‘‘Metal hydride 

storage systems’’ is added in the righthand column and the number ‘‘5’’ is 

added for the entry in the left-hand 

column. 

■ 80. In § 180.350, in paragraph (b), the 

second sentence is revised to read as 

follows: 

§ 180.350 Applicability and definitions. 

* * * * * 

(b) * * * For the purposes of this 

subchapter, the replacement of the rigid 

inner receptacle of a composite IBC with 

one from the original manufacturer is 

considered a repair. * * * 

* * * * * 

Issued in Washington, DC on December 29, 

2010 under authority delegated in 49 CFR 

part 1. 

Cynthia L. Quarterman, 

Administrator. 

[FR Doc. 2010–33324 Filed 1–18–11; 8:45 am] 

BILLING CODE 4910–60–P 


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