`[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Rules and Regulations]
[Pages 3308-3389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33324]



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Part III





Department of Transportation





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



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

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

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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.

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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

[[Page 3309]]

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 
multi-modal standards with regard to the transport of limited 
quantities, including consumer commodities. PHMSA held public meetings 
on this issue in February 2006 and March 2008 to discuss potential 
impacts on domestic stakeholders. Additionally, this issue was 
discussed during the agency's pre-UN public meetings held in 2006 and 
2007. There was considerable domestic interest in pursuing further 
harmonization internationally due to the potential for substantial 
savings in transportation costs and improved transportation efficiency. 
In the ANPRM (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 short-term 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.

[[Page 3310]]

C. Classification of Sour Crude Oil

    Currently, all types of petroleum crude oil are listed as a Class 3 
flammable liquid in the Sec.  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-by-inhalation, would be classified as a 
Class 3, PG I material.
    In the ANPRM, PHMSA invited commenters to provide data and 
information concerning the impact on domestic shippers and carriers if 
these requirements 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 cost-
effective 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 shut-off valve, service equipment, and internal 
components. The HMR currently do not prescribe specific packaging or 
shipping methods for metal hydride storage systems containing hydrogen. 
However, PHMSA has issued a number of special permits to allow the use 
of these systems for transport. The UN Model Regulations, in new 
Packing Instruction P205, prescribe standards for the construction, 
qualification, marking and requalification of such systems. In the 
ANPRM, PHMSA invited comments on whether similar standards should be 
adopted 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[reg]), 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

[[Page 3311]]

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 Sec.  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 
Sec.  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:


[[Page 3312]]


    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 Sec.  
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 Sec.  
173.27(c).
    COSTHA explained further confusion:

    It is important for shippers to use the Sec.  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 Sec.  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 Sec.  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-on-point 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 non-hazardous 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

[[Page 3313]]

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 Sec.  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 Sec.  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 
Sec.  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 Sec.  175.75 requirements.

    We agree with DGAC regarding Sec.  175.75 quantity limits for 
limited quantity packages and are revising the section accordingly. 
Limited quantity shipments will enjoy the same exception from the Sec.  
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 short-term removal of the existing 
provisions in the HMR for limited quantities reclassed as ORM-D 
(including those

[[Page 3314]]

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 Sec.  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

[[Page 3315]]

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 Sec.  173.22) and to be trained on 
any applicable requirements (see Sec.  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) Self-testing. 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 Sec.  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 PHMSA-approved 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

[[Page 3316]]

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, PHMSA-approved 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

[[Page 3317]]

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

[[Page 3318]]

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 Sec.  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 Sec.  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)
    [cir] ASTM D56-05, Standard Test Method for Flash Point by Tag 
Closed Tester (Referenced in Sec.  173.120(c)(1)(i)(A); Added to Sec.  
171.7).
    [cir] ASTM D86-07a, Standard Test Method for Distillation of 
Petroleum Products at Atmospheric Pressure (Referenced in Sec.  
173.121; Added to Sec.  171.7).
    [cir] ASTM D93-08, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester (Referenced in Sec.  173.120(c)(1)(ii)(A); 
Added to Sec.  171.7).
    [cir] ASTM D1078-05, Standard Test Method for Distillation Range of 
Volatile Organic Liquids (Referenced in Sec.  173.121; Added to Sec.  
171.7).
    [cir] ASTM D3278-96(2004)e1, Standard Test Methods for Flash Point 
of Liquids by Small Scale Closed-Cup Apparatus (Referenced in 
Sec. Sec.  173.120(c)(1)(i)(B) and 173.120(c)(1)(ii)(B); Added to Sec.  
171.7).
    [cir] ASTM D3828-07a, Standard Test Methods for Flash Point by 
Small Scale Closed cup Tester (Referenced in Sec.  173.120(c)(1)(i)(C); 
Added to Sec.  171.7).
     The International Civil Aviation Organization (ICAO) 
Technical Instructions for the Safe Transport of Dangerous Goods by Air 
(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)
    [cir] ISO 1516:2002(E), Determination of flash/no flash--Closed cup 
equilibrium method (Referenced in Sec.  173.120; Added to Sec.  171.7).
    [cir] ISO 1523:2002(E), Determination of flash point--Closed cup 
equilibrium method (Referenced in Sec.  173.120; Added to Sec.  171.7).
    [cir] ISO 2592:1973(E), Petroleum products--Determination of flash 
and fire points--Cleveland open cup method (Revised to incorporate the 
2000 Edition).

[[Page 3319]]

    [cir] ISO 2719:2002(E), Determination of flash point--Pensky-
Martens closed cup method (Referenced in Sec.  173.120; Added to Sec.  
171.7).
    [cir] ISO 3405:2000(E), Petroleum products--Determination of 
distillation characteristics at atmospheric pressure (Referenced in 
Sec.  173.121; Added to Sec.  171.7).
    [cir] ISO 3679:2004(E), Determination of flash point--Rapid 
equilibrium closed cup method (Referenced in Sec.  173.120; Added to 
Sec.  171.7).
    [cir] ISO 3680:2004(E), Determination of flash/no flash--Rapid 
equilibrium closed cup method (Referenced in Sec.  173.120; Added to 
Sec.  171.7).
    [cir] ISO 3924:1999(E), Petroleum products--Determination of 
boiling range distribution--Gas chromatography method (Referenced in 
Sec.  173.121; Added to Sec.  171.7).
    [cir] ISO 4626:1980(E), Volatile organic liquids--Determination of 
boiling range of organic solvents used as raw materials (Referenced in 
Sec.  173.121; Added to Sec.  171.7).
    [cir] ISO 4706:2008(E), Gas cylinders--Refillable welded steel 
cylinders--Test pressure 60 bar and below (Referenced in Sec.  178.71; 
Added to Sec.  171.7).
    [cir] ISO 10297:1999, Gas cylinders--Refillable gas cylinder 
valves--Specification and type testing, First edition, May 1999, (E) 
(Revised to incorporate 2006 Edition).
    [cir] ISO 10461:2005, Gas cylinders--Seamless aluminum-alloy gas 
cylinders, Periodic inspection and testing, Second edition, February 
2005, (E) (Revised to incorporate Amendment 1 (2006)).
    [cir] 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 
(Referenced in Sec.  173.40; Added to Sec.  171.7).
    [cir] ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method (Referenced in Sec.  173.120; Added to Sec.  171.7).
    [cir] ISO 16111:2008(E), Transportable gas storage devices--
Hydrogen absorbed in reversible metal hydride (Referenced in Sec. Sec.  
173.311 and 178.71; Added to Sec.  171.7).
    [cir] ISO 18172-1:2007(E), Gas cylinders--Refillable welded 
stainless steel cylinders--Part 1: Test pressure 6 MPa and below 
(Referenced in Sec.  178.71; Added to Sec.  171.7).
    [cir] ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing (Referenced in Sec.  
178.71; Added to Sec.  171.7).
     Organization for Economic Cooperation and Development 
(OECD)
    [cir] Guidelines for the Testing of Chemicals, Test Guideline 404, 
Acute Dermal Irritation/Corrosion (1992) (Revised to incorporate 2002 
edition).
    [cir] Guidelines for the Testing of Chemicals, Test Guideline 430, 
In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test 
(TER) (2004) (Referenced in Sec.  173.137; Added to Sec.  171.7).
    [cir] Guidelines for the Testing of Chemicals, Test Guideline 431, 
In Vitro Skin Corrosion: Human Skin Model Test (2004) (Referenced in 
Sec.  173.137; Added to Sec.  171.7).
    [cir] Guidelines for the Testing of Chemicals, Test Guideline 435, 
In Vitro Membrane Barrier Test Method for Skin Corrosion (2006) 
(Referenced in Sec.  173.137; Added to Sec.  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 Sec.  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 Sec.  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.

[[Page 3320]]

Part 172

Section 172.101
    Introductory text to the Sec.  172.101 HMT contains explanatory 
text for each of the columns that comprise the HMT. Currently, Sec.  
172.101(c)(10) provides specific requirements regarding the selection 
of an appropriate proper shipping name for mixtures and solutions 
containing more than one hazardous material of the same hazard class. 
In many cases, such mixtures and solutions are best described by a 
generic or ``not otherwise specified'' entry (i.e., an ``n.o.s.'' 
entry). For example, a solution containing two or more flammable liquid 
constituents may best be described under the entry ``Flammable liquids, 
n.o.s., UN1993.'' However, in some cases where two or more hazardous 
materials 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 non-hazardous 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, Sec.  172.101(c)(10)(iv), outlining the 
authorization to describe the mixture or solution based on the 
predominant material contributing to the hazard classification.
    One commenter (DOE) suggested that we remove the reference to non-
hazardous material in Sec.  172.101(c)(10)(iv) because the mixture of 
hazardous material and non-hazardous material is already addressed in 
Sec.  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 Sec.  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 Sec.  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 non-hazardous 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 Sec.  
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 Sec.  
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 Sec.  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

[[Page 3321]]



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

[[Page 3322]]

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 Sec.   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 [deg]C, at or above its flash point, UN3256,'' 
``Elevated temperature liquid, n.o.s., at or above 100 [deg]C and below 
its flash point (including molten metals, molten salts, etc.), 
UN3257,'' and ``Elevated temperature solid, n.o.s., at or above 240 
[deg]C, UN3258'' 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.

[[Page 3323]]

 
UN2570..............................................  Cadmium compounds.
UN3210..............................................  Chlorates, inorganic, aqueous solution, n.o.s.
UN1461..............................................  Chlorates, inorganic, n.o.s.
UN1462..............................................  Chlorites, inorganic, n.o.s.
UN1583..............................................  Chloropicrin mixtures, n.o.s.
UN3362..............................................  Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361..............................................  Chlorosilanes, toxic, corrosive, n.o.s.
UN1935..............................................  Cyanide solutions, n.o.s.
UN2856..............................................  Fluorosilicates, n.o.s.
UN3212..............................................  Hypochlorites, inorganic, n.o.s.
UN2291..............................................  Lead compounds, soluble, n.o.s.
UN2024..............................................  Mercury compounds, liquid, n.o.s.
UN2025..............................................  Mercury compounds, solid, n.o.s.
UN3144..............................................  Nicotine compounds, liquid, n.o.s. or Nicotine
                                                       preparations, liquid, n.o.s.
UN1665..............................................  Nicotine compounds, solid, n.o.s. or Nicotine
                                                       preparations, solid, n.o.s.
UN3219..............................................  Nitrites, inorganic, aqueous solution, n.o.s.
UN2627..............................................  Nitrites, inorganic, n.o.s.
UN3214..............................................  Permanganates, inorganic, aqueous solution, n.o.s.
UN1482..............................................  Permanganates, inorganic, n.o.s.
UN2026..............................................  Phenylmercuric compounds, n.o.s.
UN2630..............................................  Selenates or Selenites.
UN3440..............................................  Selenium compound, liquid, n.o.s.
UN3283..............................................  Selenium compound, solid, n.o.s.
UN3284..............................................  Tellurium compound, solid, n.o.s.
UN3285..............................................  Vanadium compound, solid, n.o.s.
----------------------------------------------------------------------------------------------------------------

Amendments to the Column (2) Hazardous Materials Descriptions and 
Proper Shipping Names

    The proper shipping name for the entry ``Detonator, assemblies, 
non-electric, for blasting, UN0500,'' 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, Sec.  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, Sec.  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 [deg]C or greater. Bitumens typically do not 
meet the classification for a Class 3 flammable

[[Page 3324]]

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.

[[Page 3325]]

 
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 Sec.  171.8 of the HMR to indicate that ``a gas which may, by 
providing oxygen, cause or contribute to the combustion of other 
material more than air does means pure gases or gas mixtures with an 
oxidizing power greater than 23.5% oxygen'' and because the entry 
``Compressed gas, oxidizing, n.o.s., UN3156'' is currently available in 
the HMT, the special provision is redundant and no longer necessary.
    The entry ``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 Sec.  173.120 of the HMR, a FLAMMABLE LIQUID label is required 
and the basic description on the shipping paper must indicate the Class 
3 subsidiary hazard. However, because of the 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 Sec.  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.

[[Page 3326]]

 
UN0441..............................................  Charges, shaped without detonator.
UN0500..............................................  Detonator assemblies, non-electric for blasting.
UN0456..............................................  Detonators, electric for blasting.
UN0366..............................................  Detonators for ammunition.
UN0455..............................................  Detonators, non-electric for blasting.
----------------------------------------------------------------------------------------------------------------

    The following Division 6.1 (toxic-by-inhalation) materials entries 
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-by-inhalation) 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 Sec.  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

[[Page 3327]]

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 Sec.  173.214 for 
authorized non-bulk packaging and adding new section reference Sec.  
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 Sec.  173.165. Column (8A) previously referred to Sec.  173.152 and 
Column (8B) referred to Sec.  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.
----------------------------------------------------------------------------------------------------------------


[[Page 3328]]

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 Sec.  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 Sec.  171.8 to state 
that ``a gas which may, by providing oxygen, cause or contribute to the 
combustion of other material more than air does,'' meaning, pure gases 
or gas mixtures with an oxidizing power greater than 23.5% oxygen. 
Because of the availability of the entry ``Compressed gas, oxidizing, 
n.o.s., UN3156'' in the HMT, we believe special provision 77 is 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 Sec.  171.8 of the HMR to indicate that ``a gas which 
may, by providing oxygen, cause or contribute to the combustion of 
other material more than air does,'' meaning, pure gases or gas 
mixtures with an oxidizing power greater than 23.5% oxygen. Therefore, 
we 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 Sec.  172.101 HMT entry, ``Batteries, 
nickel-metal hydride, UN3496,'' applicable to nickel-metal 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 nickel-metal 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 battery-powered 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

[[Page 3329]]

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 Sec.  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 Sec.  176.30, and stowage 
conditions assigned to the ``Batteries, nickel-metal hydride, UN3496'' 
entry in the Sec.  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 Sec.  173.4a of the 
HMR to be offered for transportation and transported by all modes even 
though Column (9A) of the Sec.  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 Sec.  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 Sec.  173.320 of the HMR. The receptacle 
must contain no hazardous materials other than the liquid nitrogen 
which must be fully absorbed in a porous material in the receptacle.
    A new special provision 347 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 Sec.  
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,

[[Page 3330]]

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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 cargo-only 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 Sec.  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. Sec.  
172.102(c)(7), instructions T9 and T21 indicate ``prohibited'' in 
the column designated ``bottom outlet requirements.'' The text of 
Sec.  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

[[Page 3331]]

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 Sec.  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 Sec.  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 Sec.  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 non-friable 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 Sec.  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 Sec.  172.101(l)(1)(ii), in 
this final rule we are amending Sec.  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 Sec.  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 Sec.  171.8 of 
this subchapter in effect on October 1, 2010, provided the package is 
marked in accordance with Sec.  172.316.
Section 172.312
    Section 172.312 prescribes the required orientation markings for 
non-bulk 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 Sec.  172.316 of the HMR. Commenters stated that 
increased visibility of the mark will enhance safety while reducing 
regulatory burden.
    For limited quantities intended for transportation by vessel, this 
new marking with minimum dimensions of 250 mm on each side is required 
on cargo transport units containing limited quantities 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

[[Page 3332]]

exception from the marking requirement in new paragraph (d)(4) for 
packages of limited quantities marked in accordance with Sec.  172.315.
Section 172.324
    Section 172.324 prescribes marking requirements for packages 
containing hazardous substances in non-bulk packagings. PHMSA is 
revising paragraph (b) for packages containing hazardous substances 
marked in accordance with the limited quantity marking prescribed in 
Sec.  172.315.
Section 172.326
    Section 172.326 prescribes the marking requirements for portable 
tanks. In this 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 Sec.  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 [Sec.  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 
Sec.  172.315 of the HMR are not subject to placarding requirements.
Section 172.502
    Section 172.502 specifies prohibited and permissive placarding 
requirements. In this 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 Sec. Sec.  172.315 and 
172.327 of the HMR, respectively.

Part 173

Section 173.4
    Section 173.4 prescribes the requirements for small quantities of 
hazardous materials offered for transportation and transported by 
domestic highway or rail. PHMSA is 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 Sec.  173.4(c) of the HMR. These amendments are 
consistent with the authorization under Sec.  173.4a(b)(1) for Division 
2.2 gases without a subsidiary hazard in addition to the new 
restriction to exclude aerosols from authorized materials in Sec.  
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 Sec.  173.27(c) of the HMR. PHMSA is also amending 
paragraph (b)(1) to clarify that the authorization for Division 2.2 
(non-flammable, non-poisonous, compressed gas) excludes aerosols as an 
excepted quantity material. Such articles are authorized as a limited 
quantity under both domestic and international standards. Additionally, 
PHMSA is 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

[[Page 3333]]

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 non-infectious 
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 Sec.  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 Sec.  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 Sec.  173.124(b)(2) of the HMR to 
read: ``Self-heating of a substance is a process where the gradual 
reaction of that substance with oxygen (in air) generates heat. If the 
rate of heat production exceeds the rate of heat loss, then the 
temperature of the substance will rise which, after an induction time, 
may lead to self-ignition and combustion.''
Section 173.137
    Section 173.137 establishes test criteria and packing group 
assignments for Class 8 (corrosive) material. Since 1993, PHMSA has 
authorized under the terms of a special permit (i.e., DOT-SP 10904) an 
in vitro test method (available commercially as Corrositex[reg]) 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/

[[Page 3334]]

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 Sec. Sec.  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 Sec.  
173.136(c). Thus, in this final rule we are revising Sec.  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 Sec.  173.152, as proposed, and placed in new Sec.  
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 Sec.  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 Sec.  173.27(f) or Sec. Sec.  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 
Sec.  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 
Sec.  172.102, special provision 40 and Sec.  173.152(b)(4) of the HMR. 
This amendment is intended to provide clarification of existing 
requirements while also harmonizing 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

[[Page 3335]]

similar provisions under international standards.
Section 173.225
    Section 173.225 specifies packaging requirements and other 
provisions for organic peroxides. When the Sec.  172.101 HMT specifies 
this section, the organic peroxide must be packaged and offered for 
transportation in accordance with the provisions of this section. Each 
packaging must also conform to the general requirements of Subpart B of 
Part 173 and to the applicable requirements of Part 178 of the HMR. 
Specifically, organic peroxides that require temperature control are 
subject to Sec.  173.21(f). When an IBC or bulk packaging is authorized 
and meets the requirements of paragraph (f) or (h) of Sec.  173.225, 
respectively, lower control temperatures than those specified for non-
bulk packaging may be required. An organic peroxide not identified in 
paragraph (c), (e), or (g) of Sec.  173.225 by technical name, or not 
assigned to a generic type in accordance with paragraph (b)(3) of this 
section, must conform to the requirements in paragraph (c) of Sec.  
173.128.
    The Organic Peroxides Table specifies by technical name those 
organic peroxides that are authorized for transportation and not 
subject to the approval provisions of Sec.  173.128. An organic 
peroxide identified by technical name is authorized for transportation 
only if it conforms to all applicable provisions of the table. In this 
final rule, PHMSA is amending the Organic Peroxide Table in Sec.  
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-butyl peroxy) hexane.
----------------------------------------------------------------------------------------------------------------

    The following entry is added to the Organic Peroxide Table:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
UN3103..............................................  2,5-Dimethyl-2, 5-di-(tert-butyl peroxy) 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

[[Page 3336]]

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 Sec.  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 Sec.  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 Sec.  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 Sec.  178.71(f) (formerly reserved).
     Requirement that steel pressure receptacles or composite 
pressure receptacles with steel liners be marked in accordance with 
Sec.  173.301b(f) of the HMR, which specifies that a steel UN pressure 
receptacle bearing an ``H'' mark must be used for hydrogen bearing 
gases or other gases that may cause hydrogen embrittlement.
     Requirement of a requalification interval of no more than 
five years as specified in Sec.  180.207 of the HMR in accordance with 
the requalification procedures prescribed in ISO 16111.
Section 173.322
    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 
passenger-carrying 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 [Sec. ] 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 Sec.  
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 passenger-carrying 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

[[Page 3337]]

* * *. 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 Sec.  
175.25 that have not been updated due to changing technologies used by 
air carriers to either sell tickets (Internet) or check-in passengers 
(automated kiosks). Additionally, these amendments provide air carriers 
greater flexibility in how the information they are required to provide 
passengers on hazardous materials is disseminated to them.
Section 175.30
    Section 175.30 prescribes inspection procedures for operators. 
PHMSA is revising paragraph (e) regarding overpack marking requirements 
for packages of limited 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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  175.78, Division 1.4B explosive materials may only 
be stowed together with Division 1.4S explosive materials. This 
revision is in accordance with an amendment made in the 2011-2012 ICAO 
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 multiple-element 
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

[[Page 3338]]

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 Sec.  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 Sec.  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 Sec.  173.311) be 
designed, constructed, initially inspected and tested in accordance 
with ISO 16111:2008, ``Transportable gas storage devices--Hydrogen 
absorbed in reversible metal hydride,'' as authorized under Sec.  
178.71(m).
Section 178.275
    Section 178.275 prescribes requirements for UN portable tanks 
intended for transportation of liquid and 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 Sec.  
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 well-established history 
of safe transportation of these substances in portable tanks equipped 
with fusible elements capable of properly functioning at pressure of at 
least 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 Sec.  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 Sec.  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

[[Page 3339]]

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 Sec.  178.347-1(d)(8). We 
agree with TTMA. In this final rule, we are adding Part UW-12 of the 
ASME Code to the list of excepted requirements.''
    In October 2004, we added an 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 Sec.  178.347-1(d)(8) and (9). 
The intent was to provide a conditional alternate means of determining 
a joint efficiency for certain head welds. Listing UW-12 in Sec.  
178.347-1(d)(8) instead of (9), however, results in an unconditional 
exception from UW-12 in all welds on these tanks. Therefore, because we 
believe the revision is appropriate, we are revising Sec.  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 Sec.  180.215 of the 
HMR.
Section 180.350
    Section 180.350 prescribes applicability and defines certain terms 
regarding the qualification and maintenance of IBCs. PHMSA is 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,

[[Page 3340]]

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,

[[Page 3341]]

``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 cross-reference 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,

[[Page 3342]]

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

[[Page 3343]]

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.

0
In consideration of the foregoing, PHMSA amends 49 CFR Chapter I as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
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.


0
2. In Sec.  171.7, the paragraph (a)(3) table is amended as follows:
0
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;
0
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;
0
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;
0
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;
0
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;
0
f. Under the entry for ``Transport Canada,'' the entry ``Transportation 
of Dangerous Goods Regulations (Transport Canada TDG Regulations)'' is 
revised; and
0
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:


Sec.  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      173.120
 Flash Point by Tag Closed Cup Tester,
 approved May 1, 2005.
ASTM D86-07a, Standard Test Method for     173.121
 Distillation of Petroleum Products at
 Atmospheric Pressure, approved April 1,
 2007.
ASTM D93-08, Standard Test Methods for     173.120
 Flash Point by Pensky-Martens Closed Cup
 Tester, approved October 15, 2008.
ASTM D1078-05, Standard Test Method for    173.121
 Distillation Range of Volatile Organic
 Liquids, approved May 15, 2005.
 
                              * * * * * * *
ASTM D3278-96 (Reapproved 2004) E \1\,     173.120
 Standard Test Methods for Flash Point of
 Liquids by Small Scale Closed-Cup
 Apparatus, approved November 1, 2004.
ASTM D3828-07a, Standard Test Methods for  173.120
 Flash Point by Small Scale Closed Cup
 Tester, approved July 15, 2007.
 
                              * * * * * * *
International Civil Aviation Organization
                 (ICAO),
 
                              * * * * * * *
Technical Instructions for the Safe        171.8; 171.22; 171.23;
 Transport of Dangerous Goods by Air        171.24; 172.101; 172.202;
 (ICAO Technical Instructions), 2011-2012   172.401; 172.512; 172.519;
 Edition.                                   172.602; 172.704; 173.1;
                                            173.56; 173.320; 175.33;
                                            178.3.
 
                              * * * * * * *
   International Maritime Organization
                  (IMO),
 
                              * * * * * * *
International Convention for the Safety    176.63, 176.84
 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.

[[Page 3344]]

 
International Maritime Dangerous Goods     171.22; 171.23; 171.25;
 Code (IMDG Code), 2010 Edition,            172.101 172.202; 172.203
 Incorporating Amendment 35-10 (English     172.401; 172.502; 172.519;
 Edition), Volumes 1 and 2.                 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/  173.120.
 no flash--Closed cup equilibrium method,
 Third Edition, 2002-03-01.
ISO 1523:2002(E), Determination of flash   173.120.
 point--Closed cup equilibrium method,
 Third Edition, 2002-03-01.
 
                              * * * * * * *
ISO 2592:2000(E), Determination of flash   173.120.
 and fire points--Cleveland open cup
 method, Second Edition, 2000-09-15.
ISO 2719:2002(E), Determination of flash   173.120.
 point--Pensky-Martens closed cup method,
 Third Edition, 2002-11-15.
 
                              * * * * * * *
ISO 3405:2000(E), Petroleum products--     173.121.
 Determination of distillation
 characteristics at atmospheric pressure,
 Third Edition, 2000-03-01.
 
                              * * * * * * *
ISO 3679:2004(E), Determination of flash   173.120.
 point--Rapid equilibrium closed cup
 method, Third Edition, 2004-04-01.
ISO 3680:2004(E), Determination of flash/  173.120.
 no flash--Rapid equilibrium closed cup
 method, Fourth Edition, 2004-04-01.
 
                              * * * * * * *
ISO 3924:1999(E), Petroleum products--     173.121.
 Determination of boiling range
 distribution--Gas chromatography method,
 Second Edition, 1999-08-01.
 
                              * * * * * * *
ISO 4626:1980(E), Volatile organic         173.121.
 liquids--Determination of boiling range
 of organic solvents used as raw
 materials, First Edition, 1980-03-01.
ISO 4706:2008(E), Gas cylinders--          178.71.
 Refillable welded steel cylinders--Test
 pressure 60 bar and below, First
 Edition, 2008-04-15, Corrected Version,
 2008-07-01.
 
                              * * * * * * *
ISO 10297:2006(E), Transportable gas       173.301b; 178.71.
 cylinders--Cylinder valves--
 Specification and type testing, Second
 Edition, 2006-01-15.
ISO 10461:2005(E), Gas cylinders--         180.207.
 Seamless aluminum-alloy gas cylinders--
 Periodic inspection and testing, Second
 Edition, 2005-02-15 and Amendment 1,
 2006-07-15.
 
                              * * * * * * *
ISO 10692-2:2001(E), Gas cylinders--Gas    173.40.
 cylinder valve connections for use in
 the micro-electronics industry--Part 2:
 Specification and type testing for valve
 to cylinder connections, First Edition,
 2001-08-01.
 
                              * * * * * * *
ISO 13736:2008(E), Determination of flash  173.120.
 point--Abel closed-cup method, Second
 Edition, 2008-09-15.
ISO 16111:2008(E), Transportable gas       173.301b; 173.311; 178.71.
 storage devices--Hydrogen absorbed in
 reversible metal hydride, First Edition,
 2008-11-15.
ISO 18172-1:2007(E), Gas cylinders--       178.71.
 Refillable welded stainless steel
 cylinders--Part 1: Test pressure 6 MPa
 and below, First Edition, 2007-03-01.
ISO 20703:2006(E), Gas cylinders--         178.71.
 Refillable welded aluminum-alloy
 cylinders--Design, construction and
 testing, First Edition, 2006-05-01.
 
                              * * * * * * *
Organization for Economic Cooperation and
            Development (OECD)
 
                              * * * * * * *
OECD (2002), Test No. 404: Acute Dermal    173.137.
 Irritation/Corrosion, OECD Guidelines
 for the Testing of Chemicals, Section 4:
 Health Effects, OECD Publishing, adopted
 April 24, 2002.
OECD (2004), Test No. 430: In Vitro Skin   173.137.
 Corrosion: Transcutaneous Electrical
 Resistance Test (TER), OECD Guidelines
 for the Testing of Chemicals, Section 4:
 Health Effects, OECD Publishing, adopted
 April 13, 2004.
OECD (2004), Test No. 431: In Vitro Skin   173.137.
 Corrosion: Human Skin Model Test, OECD
 Guidelines for the Testing of Chemicals,
 Section 4: Health Effects, OECD
 Publishing, adopted April 13, 2004.
OECD (2006), Test No. 435: In Vitro        173.137.
 Membrane Barrier Test Method for Skin
 Corrosion, OECD Guidelines for the
 Testing of Chemicals, Section 4: Health
 Effects, OECD Publishing, adopted July
 19, 2006.
 

[[Page 3345]]

 
                              * * * * * * *
             Transport Canada
 
                              * * * * * * *
Transportation of Dangerous Goods          171.12; 171.22; 171.23;
 Regulations (Transport Canada TDG          172.401; 172.502; 172.519;
 Regulations), August 2001 including        172.602; 173.31; 173.32;
 Clear Language Amendments SOR 2001-286;    173.33.
 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.
 
                              * * * * * * *
              United Nations
 
                              * * * * * * *
UN Recommendations on the Transport of     171.8; 171.12; 172.202;
 Dangerous Goods, Model Regulations,        172.401; 172.407; 172.502;
 sixteenth revised edition, Volumes I and   173.1; 173.3; 173.22;
 II (2009).                                 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     172.102; 173.21; 173.56;
 Dangerous Goods, Manual of Tests and       173.57; 173.58; 173.60;
 Criteria, fifth revised edition (2009).    173.115; 173.124; 173.125;
                                            173.127; 173.128; 173.137;
                                            173.185; 173.220; Part 173,
                                            appendix H; 178.274.
 
                              * * * * * * *
------------------------------------------------------------------------


0
3. In Sec.  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:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Metal hydride storage system means a single complete hydrogen 
storage system that includes a receptacle, metal hydride, pressure 
relief device, shut-off valve, service equipment and internal 
components used for the transportation of hydrogen only.
* * * * *
    Open cryogenic receptacle means a transportable thermally insulated 
receptacle for refrigerated liquefied gases maintained at atmospheric 
pressure by continuous venting of the refrigerated gas.
* * * * *
    Oxidizing gas means a gas that may, generally by providing oxygen, 
cause or contribute to the combustion of other material more than air 
does. Specifically, this means a pure gas or gas mixture with an 
oxidizing power greater than 23.5% as determined by a method specified 
in ISO 10156: or 10156-2: (IBR, see Sec.  171.7 of this subchapter) 
(see also Sec.  173.115(k)).
* * * * *
    U.N. Recommendations means the U.N. Recommendations on the 
Transport of Dangerous Goods, Model Regulations (IBR, see Sec.  171.7 
of this subchapter).
* * * * *


Sec.  171.23  [Amended]

0
4. In Sec.  171.23, paragraph (b)(9) is removed and reserved.

0
5. In Sec.  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:


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

* * * * *
    (b) * * *
    (1) Unless specified otherwise in this subchapter, a shipment must 
conform to the requirements in part 176 of this subchapter. * * *
* * * * *
    (4) 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

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

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


0
7. In Sec.  172.101, the following amendments are made:
0
a. Paragraph (c)(10)(i) is revised;
0
b. Paragraph (e) is amended by adding a sentence at the end of the 
paragraph; and
0
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:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 3346]]

    (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 Sec.  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 Sec.  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 Sec.  171.7 of this subchapter).
* * * * *

[[Page 3347]]



                                                                                                Sec.   172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    Hazardous                                                                                                    (8) Packaging (Sec.   173.***)            (9) Quantity limitations (see       (10) Vessel  stowage
                    materials        Hazard                                                                            --------------------------------------------------     Sec.  Sec.   173.27 and    -------------------------------
   Symbols      descriptions and    class or     Identification          PG          Label codes    Special provisions                                                   -------------175.75)------------
                 proper shipping    division        numbers                                          (Sec.   172.102)      Exceptions        Non-bulk          Bulk          Passenger      Cargo air-       Location          Other
                      names                                                                                                                                                aircraft/rail    craft only
(1)            (2)...............         (3)  (4)..............  (5)............  (6)............  (7)...............  (8A)...........  (8B)...........  (8C)..........  (9A)..........  (9B)..........  (10A).........  (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
               [REMOVE]..........
 
                                                                                                              * * * * * * *
D............  sec-Butyl                  6.1  NA2742...........  I..............  6.1, 3, 8......  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  A.............  12, 13, 22,
                chloroformate.                                                                       B74, T20, TP4,                                                                                                        25, 40, 48,
                                                                                                     TP13, TP38, TP45.                                                                                                     100
 
                                                                                                              * * * * * * *
               Detonator,                1.4S  UN0500...........  II.............  1.4S...........  ..................  63(f), 63(g)...  62.............  None..........  25 kg.........  100 kg........  05............  ..............
                assemblies, non-
                electric, for
                blasting.
 
                                                                                                              * * * * * * *
               Engines, internal            9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  Forbidden.....  No limit......  A.............  ..............
                combustion,
                flammable gas
                powered.
               Engines, internal            9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  No limit......  No limit......  A.............  ..............
                combustion,
                flammable liquid
                powered.
 
                                                                                                              * * * * * * *
               Formaldehyde,                3  UN1198...........  III............  3, 8...........  B1, IB3, T4, TP1..  150............  203............  242...........  5 L...........  60 L..........  A.............  40
                solutions,
                flammable.
               Formaldehyde,                8  UN2209...........  III............  8..............  IB3, T4, TP1......  154............  203............  241...........  5 L...........  60 L..........  A.............  ..............
                solutions, with
                not less than 25
                percent
                formaldehyde.
 
                                                                                                              * * * * * * *
               1-Hydroxy benzo            4.1  UN3474...........  I..............  4.1............  162, N90..........  None...........  211............  None..........  0.5 kg........  0.5 kg........  D.............  28, 36
                triazole,
                anhydrous, wetted
                with not less
                than 20 percent
                water, by mass.
 
                                                                                                              * * * * * * *
D............  Isobutyl                   6.1  NA2742...........  I..............  6.1, 3, 8......  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  A.............  12, 13, 22,
                chloroformate.                                                                       B74, T20, TP4,                                                                                                        25, 40, 48,
                                                                                                     TP13, TP38, TP45.                                                                                                     100
 
                                                                                                              * * * * * * *
               Lithium                    5.1  UN1471...........  II.............  5.1............  A9, IB8, IP2, IP4,  152............  212............  240...........  5 kg..........  25 kg.........  A.............  4, 48, 52, 56,
                hypochlorite, dry                                                                    N34.                                                                                                                  58, 69, 106,
                with more than                                                                                                                                                                                             116
                39% available
                chlorine (8.8%
                available oxygen)
                or Lithium
                hypochlorite
                mixtures, dry
                with more than
                39% available
                chlorine (8.8%
                available oxygen).
 

[[Page 3348]]

 
                                                                                                              * * * * * * *
               Nitric acid other            8  UN2031...........  II.............  8..............  A6, B2, B47, B53,   None...........  158............  242...........  Forbidden.....  30 L..........  D.............  44, 66, 74,
                than red fuming,                                                                     IB2, IP15, T8,                                                                                                        89, 90
                with less than 65                                                                    TP2.
                percent nitric
                acid.
 
                                                                                                              * * * * * * *
               Nitric acid other            8  UN2031...........  I..............  8, 5.1.........  A3, B47, B53, T10,  None...........  158............  243...........  Forbidden.....  2.5 L.........  D.............  44, 66, 89,
                than red fuming,                                                                     TP2, TP12, TP13.                                                                                                      90, 110, 111
                with not more
                than 70 percent
                nitric acid.
 
                                                                                                              * * * * * * *
               Tars, liquid                 3  UN1999...........  II.............  3..............  149, B13, IB2, T3,  150............  202............  242...........  5 L...........  60 L..........  B.............  ..............
                including road                                                                       TP3, TP29.
                asphalt and oils,
                bitumen and cut
                backs.
                                   ..........  .................  III............  3..............  B1, B13, IB3, T1,   150............  203............  242...........  60 L..........  220 L.........  A.............  ..............
                                                                                                     TP3.
 
                                                                                                              * * * * * * *
               Trinitro-meta-            1.1D  UN0216...........  II.............  1.1D...........  ..................  None...........  62.............  None..........  Forbidden.....  Forbidden.....  10............  5E
                cresol.
 
                                                                                                              * * * * * * *
               Vehicle, flammable           9  UN3166...........  ...............  9..............  135, 157..........  220............  220............  220...........  Forbidden.....  No limit......  A.............  ..............
                gas powered.
               Vehicle, flammable           9  UN3166...........  ...............  9..............  135, 157..........  220............  220............  220...........  No limit......  No limit......  A.............  ..............
                liquid powered.
 
                                                                                                              * * * * * * *
               [ADD].............
 
                                                                                                              * * * * * * *
               Alkali metal               4.3  UN3482...........  I..............  4.3, 3.........  A2, A3, A7........  None...........  201............  244...........  Forbidden.....  1 L...........  D.............  52
                dispersions,
                flammable or
                Alkaline earth
                metal
                dispersions,
                flammable.
 
                                                                                                              * * * * * * *
W............  Batteries, nickel-           9  UN3496...........  ...............  9..............  340...............  ...............  ...............  ..............  ..............  ..............  A.............  48
                metal hydride see
                Batteries, dry,
                sealed, n.o.s.
                for nickel-metal
                hydride batteries
                transported by
                modes other than
                vessel.
 

[[Page 3349]]

 
                                                                                                              * * * * * * *
               Calcium                    5.1  UN3485...........  II.............  5.1, 8.........  165, 166, A7, A9,   152............  212............  None..........  5 kg..........  25 kg.........  D.............  4, 48, 52, 56,
                hypochlorite,                                                                        IB8, IP2, IP4,                                                                                                        58, 69, 142
                dry, corrosive or                                                                    IP13, N34, W9.
                Calcium
                hypochlorite
                mixtures, dry,
                corrosive with
                more than 39%
                available
                chlorine (8.8%
                available oxygen).
 
                                                                                                              * * * * * * *
               Calcium                    5.1  UN3487...........  II.............  5.1, 8.........  165, IB8, IP2,      152............  212............  240...........  5 kg..........  25 kg.........  D.............  4, 48, 52, 56,
                hypochlorite,                                                                        IP4, IP13, W9.                                                                                                        58, 69, 142
                hydrated,
                corrosive or
                Calcium
                hypochlorite,
                hydrated mixture,
                corrosive with
                not less than
                5.5% but not more
                than 16% water.
                                   ..........  .................  III............  5.1, 8.........  165, IB8, IP4, W9.  152............  213............  240...........  25 kg.........  100 kg........  D.............  4, 48, 52, 56,
                                                                                                                                                                                                                           58, 69, 142
 
                                                                                                              * * * * * * *
               Calcium                    5.1  UN3486...........  III............  5.1, 8.........  165, A1, A29, IB8,  152............  213............  240...........  5 kg..........  25 kg.........  D.............  4,48, 52, 56,
                hypochlorite                                                                         IP3, IP13, N34,                                                                                                       58, 69, 142
                mixture, dry,                                                                        W9.
                corrosive with
                more than 10% but
                not more than 39%
                available
                chlorine.
 
                                                                                                              * * * * * * *
               Consumer commodity           9  ID8000...........  ...............  9..............  ..................  167............  167............  None..........  30 kg gross...  30 kg gross...  ..............  ..............
 
                                                                                                              * * * * * * *
               Detonator                 1.4S  UN0500...........  II.............  1.4S...........  347...............  63(f), 63(g)...  62.............  None..........  25 kg.........  100 kg........  05............  ..............
                assemblies, non-
                electric, for
                blasting.
 
                                                                                                              * * * * * * *
               Engines, internal            9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  Forbidden.....  No limit......  A.............  ..............
                combustion, or
                Engines, fuel
                cell, flammable
                gas powered.
               Engines internal             9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  No limit......  No limit......  A.............  ..............
                combustion, or
                Engines, fuel
                cell, flammable
                liquid powered.
 
                                                                                                              * * * * * * *
               Formaldehyde                 3  UN1198...........  III............  3, 8...........  B1, IB3, T4, TP1..  4b, 150........  203............  242...........  5 L...........  60 L..........  A.............  40
                solutions,
                flammable.
               Formaldehyde                 8  UN2209...........  III............  8..............  IB3, T4, TP1......  154............  203............  241...........  5 L...........  60 L..........  A.............  ..............
                solutions, with
                not less than 25
                percent
                formaldehyde.
 
                                                                                                              * * * * * * *
               Hydrazine aqueous            8  UN3484...........  I..............  8, 3, 6.1......  B16, B53, T10,      None...........  201............  243...........  Forbidden.....  2.5 L.........  D.............  40, 52, 125
                solution,                                                                            TP2, TP13.
                flammable with
                more than 37%
                hydrazine, by
                mass.
 

[[Page 3350]]

 
                                                                                                              * * * * * * *
               1-Hydroxy benzo            4.1  UN3474...........  I..............  4.1............  N90...............  None...........  211............  None..........  0.5 kg........  0.5 kg........  D.............  28, 36
                triazole,
                monohydrate.
 
                                                                                                              * * * * * * *
+............  Iodine............           8  UN3495...........  III............  8, 6.1.........  IB8, IP3, T1, TP33  154............  213............  240...........  25 kg.........  100 kg........  B.............  40, 55
 
                                                                                                              * * * * * * *
               Lithium                    5.1  UN1471...........  II.............  5.1............  A9, IB8, IP2, IP4,  152............  212............  240...........  5 kg..........  25 kg.........  A.............  4, 48, 52, 56,
                hypochlorite, dry                                                                    N34, T3, TP33.                                                                                                        58, 69, 106,
                or Lithium                                                                                                                                                                                                 116
                hypochlorite
                mixture.
                                   ..........  .................  III............  5.1............  IB8, IP3, N34, T1,  152............  213............  240...........  25 kg.........  100 kg........  A.............  4, 48, 52, 56,
                                                                                                     TP33.                                                                                                                 58, 69, 106,
                                                                                                                                                                                                                           116
 
                                                                                                              * * * * * * *
+............  Motor fuel anti-           6.1  UN3483...........  I..............  6.1, 3.........  14, T14, TP2, TP13  None...........  201............  244...........  Forbidden.....  Forbidden.....  D.............  25, 40
                knock mixture,
                flammable.
 
                                                                                                              * * * * * * *
               Nitric acid other            8  UN2031...........  II.............  8..............  A6, B2, B47, B53,   None...........  158............  242...........  Forbidden.....  30 L..........  D.............  44, 66, 74,
                than red fuming,                                                                     IB2, IP15, T8,                                                                                                        89, 90
                with more than 20                                                                    TP2.
                percent and less
                than 65 percent
                nitric acid.
 
                                                                                                              * * * * * * *
               Nitric acid other            8  UN2031...........  I..............  8, 5.1.........  A3, B47, B53, T10,  None...........  158............  243...........  Forbidden.....  2.5 L.........  D.............  44, 66, 89,
                than red fuming,                                                                     TP2, TP12, TP13.                                                                                                      90, 110, 111
                with more than 70
                percent nitric
                acid.
 
                                                                                                              * * * * * * *
I............  Petroleum sour               3  UN3494...........  I..............  3, 6.1.........  343, T14, TP2,      None...........  201............  243...........  Forbidden.....  30 L..........  D.............  40
                crude oil,                                                                           TP13.
                flammable, toxic.
                                   ..........  .................  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                 3  UN1999...........  II.............  3..............  149, B13, IB2, T3,  150............  202............  242...........  5 L...........  60 L..........  B.............  ..............
                including road                                                                       TP3, TP29.
                oils and cutback
                bitumens.
                                   ..........  .................  III............  3..............  B1, B13, IB3, T1,   150............  203............  242...........  60 L..........  220 L.........  A.............  ..............
                                                                                                     TP3.
 

[[Page 3351]]

 
                                                                                                              * * * * * * *
G............  Toxic by                   6.1  UN3492...........  I..............  6.1, 8, 3......  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40, 125
                inhalation                                                                           B72, T22, TP2,
                liquid,                                                                              TP13, TP27, TP38,
                corrosive,                                                                           TP44.
                flammable, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                200 ml/m3 and
                saturated vapor
                concentration
                greater than or
                equal to 500 LC50.
G............  Toxic by                   6.1  UN3493...........  I..............  6.1, 8, 3......  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40, 125
                inhalation                                                                           B74, T20, TP2,
                liquid,                                                                              TP13, TP27, TP38,
                corrosive,                                                                           TP45.
                flammable, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                1000 ml/m3 and
                saturated vapor
                concentration
                greater than or
                equal to 10 LC50.
 
                                                                                                              * * * * * * *
G............  Toxic by                   6.1  UN3488...........  I..............  6.1, 3, 8......  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40, 125
                inhalation                                                                           B72, T22, TP2,
                liquid,                                                                              TP13, TP27, TP38,
                flammable,                                                                           TP44.
                corrosive, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                200 ml/m3 and
                saturated vapor
                concentration
                greater than or
                equal to 500 LC50.
G............  Toxic by                   6.1  UN3489...........  I..............  6.1, 3, 8......  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40, 125
                inhalation                                                                           B74, T20, TP2,
                liquid,                                                                              TP13, TP27, TP38,
                flammable,                                                                           TP45.
                corrosive, n.o.s.
                with an
                inhalation
                toxicity lower
                than or equal to
                1000 ml/m3 and
                saturated vapor
                concentration
                greater than or
                equal to 10 LC50.
 
                                                                                                              * * * * * * *
G............  Toxic by                   6.1  UN3490...........  I..............  6.1, 4.3, 3....  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  21, 28, 40, 49
                inhalation                                                                           B72, T22, TP2,
                liquid, water-                                                                       TP13, TP27, TP38,
                reactive,                                                                            TP44.
                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.
G............  Toxic by                   6.1  UN3491...........  I..............  6.1, 4.3, 3....  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  21, 28, 40, 49
                inhalation                                                                           B74, T20, TP2,
                liquid, water-                                                                       TP13, TP27, TP38,
                reactive,                                                                            TP45.
                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.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 3352]]


                                                                                                Sec.   172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                    Hazardous                                                                                                    (8) Packaging (Sec.   173.***)            (9) Quantity limitations (see       (10) Vessel  stowage
                    materials        Hazard                                                                            --------------------------------------------------     Sec.  Sec.   173.27 and    -------------------------------
   Symbols      descriptions and    class or     Identification          PG          Label codes    Special provisions                                                   -------------175.75)------------
                 proper shipping    division        numbers                                          (Sec.   172.102)      Exceptions        Non-bulk          Bulk          Passenger      Cargo air-       Location          Other
                      names                                                                                                                                                aircraft/rail    craft only
(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           9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  Forbidden.....  No limit......  A.............  ..............
                gas powered or
                Vehicle, fuel
                cell, flammable
                gas powered.
               Vehicle, flammable           9  UN3166...........  ...............  9..............  135...............  220............  220............  220...........  No limit......  No limit......  A.............  ..............
                liquid powered or
                Vehicle, fuel
                cell, flammable
                liquid powered.
 
                                                                                                              * * * * * * *
               [REVISE]..........
 
                                                                                                              * * * * * * *
               Alcohols, n.o.s...           3  UN1987...........  I..............  3..............  172, T11, TP1,      4b.............  201............  243...........  1 L...........  30 L..........  E.............  ..............
                                                                                                     TP8, TP27.
                                   ..........  .................  II.............  3..............  172, IB2, T7, TP1,  4b, 150........  202............  242...........  5 L...........  60 L..........  B.............  ..............
                                                                                                     TP8, TP28.
                                   ..........  .................  III............  3..............  172, B1, IB3, T4,   4b, 150........  203............  242...........  60 L..........  220 L.........  A.............  ..............
                                                                                                     TP1, TP29.
 
                                                                                                              * * * * * * *
G............  Antimony                   6.1  UN3141...........  III............  6.1............  35, IB3, T7, TP1,   153............  203............  241...........  60 L..........  220 L.........  A.............  ..............
                compounds,                                                                           TP28.
                inorganic,
                liquid, n.o.s.
G............  Antimony                   6.1  UN1549...........  III............  6.1............  35, IB8, IP3, T1,   153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
                compounds,                                                                           TP33.
                inorganic, solid,
                n.o.s.
 
                                                                                                              * * * * * * *
               Argon,                     2.2  UN1951...........  ...............  2.2............  T75, TP5..........  320............  316............  318...........  50 kg.........  500 kg........  D.............  ..............
                refrigerated
                liquid (cryogenic
                liquid).
 
                                                                                                              * * * * * * *
G............  Arsenic compounds,         6.1  UN1556...........  I..............  6.1............  T14, TP2, TP13,     None...........  201............  243...........  1 L...........  30 L..........  B.............  40, 137
                liquid, n.o.s.                                                                       TP27.
                inorganic,
                including
                arsenates,
                n.o.s.;
                arsenites,
                n.o.s.; arsenic
                sulfides, n.o.s.;
                and organic
                compounds of
                arsenic, n.o.s.
                                   ..........  .................  II.............  6.1............  IB2, T11, TP2,      153............  202............  243...........  5 L...........  60 L..........  B.............  40, 137
                                                                                                     TP13, TP27.
                                   ..........  .................  III............  6.1............  IB3, T7, TP2, TP28  153............  203............  241...........  60 L..........  220 L.........  B.............  40, 137

[[Page 3353]]

 
G............  Arsenic compounds,         6.1  UN1557...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  A.............  137
                solid, n.o.s.
                inorganic,
                including
                arsenates,
                n.o.s.;
                arsenites,
                n.o.s.; arsenic
                sulfides, n.o.s.;
                and organic
                compounds of
                arsenic, n.o.s.
                                   ..........  .................  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............  137
                                                                                                     TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  137
 
                                                                                                              * * * * * * *
G............  Barium compounds,          6.1  UN1564...........  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............  ..............
                n.o.s.                                                                               TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
G............  Beryllium                  6.1  UN1566...........  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............  ..............
                compounds, n.o.s.                                                                    TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
G............  Bromates,                  5.1  UN3213...........  II.............  5.1............  350, IB2, T4, TP1.  152............  202............  242...........  1 L...........  5 L...........  B.............  56, 58, 133
                inorganic,
                aqueous solution,
                n.o.s.
                                   ..........  .................  III............  5.1............  350, IB2, T4, TP1.  152............  203............  241...........  2.5 L.........  30 L..........  B.............  56, 58, 133
G............  Bromates,                  5.1  UN1450...........  II.............  5.1............  350, IB8, IP2,      152............  212............  242...........  5 kg..........  25 kg.........  A.............  56, 58
                inorganic, n.o.s.                                                                    IP4, T3, TP33.
 
                                                                                                              * * * * * * *
               tert-Butyl                 6.1  UN2484...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40
                isocyanate.                                                                          B72, T20, TP2,
                                                                                                     TP13, TP38, TP44.
 
                                                                                                              * * * * * * *
G............  Cadmium compounds.         6.1  UN2570...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  A.............  ..............
                                   ..........  .................  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............  ..............
                                                                                                     TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
               Carbon dioxide,            2.2  UN2187...........  ...............  2.2............  T75, TP5..........  306............  304............  314, 315......  50 kg.........  500 kg........  D.............  ..............
                refrigerated
                liquid.
A W..........  Carbon dioxide,              9  UN1845...........  ...............  None...........  ..................  217............  217............  240...........  200 kg........  200 kg........  C.............  40
                solid or Dry ice.
               Carbon disulfide..           3  UN1131...........  I..............  3, 6.1.........  B16, T14, TP2,      None...........  201............  243...........  Forbidden.....  Forbidden.....  D.............  40, 78, 115
                                                                                                     TP7, TP13.
 
                                                                                                              * * * * * * *
               Cartridges, power         1.4S  UN0323...........  II.............  1.4S...........  110, 347..........  63.............  62.............  62............  25 kg.........  100kg.........  05............  ..............
                device.
 
                                                                                                              * * * * * * *
D............  Cartridges power         ORM-D  None.............  ...............  None...........  347...............  63.............  None...........  None..........  30 kg gross...  30 kg gross...  A.............  ..............
                device (used to
                project fastening
                devices)..
 
                                                                                                              * * * * * * *
               Charges, bursting,        1.4S  UN0460...........  II.............  1.4S...........  347...............  None...........  62.............  None..........  25 kg.........  100 kg........  05............  ..............
                plastics bonded.
 

[[Page 3354]]

 
                                                                                                              * * * * * * *
               Charges,                  1.4S  UN0445...........  II.............  1.4S...........  347...............  None...........  62.............  None..........  25 kg.........  100 kg........  05............  ..............
                explosive,
                commercial
                without detonator.
 
                                                                                                              * * * * * * *
               Charges, shaped,          1.4S  UN0441...........  II.............  1.4S...........  347...............  None...........  62.............  None..........  25 kg.........  100 kg........  05............  ..............
                without detonator.
 
                                                                                                              * * * * * * *
G............  Chlorates,                 5.1  UN3210...........  II.............  5.1............  351, IB2, T4, TP1.  152............  202............  242...........  1 L...........  5 L...........  B.............  56, 58, 133
                inorganic,
                aqueous solution,
                n.o.s.
                                   ..........  .................  III............  5.1............  351, IB2, T4, TP1.  152............  203............  241...........  2.5 L.........  30 L..........  B.............  56, 58, 133
G............  Chlorates,                 5.1  UN1461...........  II.............  5.1............  351, A9, IB6, IP2,  152............  212............  242...........  5 kg..........  25 kg.........  A.............  56, 58
                inorganic, n.o.s.                                                                    N34, T3, TP33.
 
                                                                                                              * * * * * * *
G............  Chlorites,                 5.1  UN1462...........  II.............  5.1............  352, A7, IB6, IP2,  152............  212............  242...........  5 kg..........  25 kg.........  A.............  56, 58
                inorganic, n.o.s.                                                                    N34, T3, TP33.
 
                                                                                                              * * * * * * *
+............  Chloroacetonitrile         6.1  UN2668...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  A.............  12, 40, 52
                                                                                                     IB9, T20, TP2,
                                                                                                     TP13, TP38, TP45.
 
                                                                                                              * * * * * * *
+............  Chloropicrin......         6.1  UN1580...........  I..............  6.1............  2, B7, B9, B14,     None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40
                                                                                                     B32, B46, T22,
                                                                                                     TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
G............  Chloropicrin               6.1  UN1583...........  I..............  6.1............  5.................  None...........  201............  243...........  Forbidden.....  Forbidden.....  C.............  40
                mixtures, n.o.s.
                                   ..........  .................  II.............  6.1............  IB2...............  153............  202............  243...........  Forbidden.....  Forbidden.....  C.............  40
                                   ..........  .................  III............  6.1............  IB3...............  153............  203............  241...........  Forbidden.....  Forbidden.....  C.............  40
 
                                                                                                              * * * * * * *
               Chlorosilanes,               8  UN2986...........  II.............  8, 3...........  T14, TP2, TP7,      None...........  206............  243...........  Forbidden.....  30 L..........  C.............  40
                corrosive,                                                                           TP13, TP27.
                flammable, n.o.s.
               Chlorosilanes,               8  UN2987...........  II.............  8..............  B2, T14, TP2, TP7,  None...........  206............  242...........  Forbidden.....  30 L..........  C.............  40
                corrosive, n.o.s.                                                                    TP13, TP27.
 
                                                                                                              * * * * * * *
G............  Chlorosilanes,             6.1  UN3362...........  II.............  6.1, 3, 8......  T14, TP2, TP7,      None...........  206............  243...........  1 L...........  30 L..........  C.............  40, 125
                toxic, corrosive,                                                                    TP13, TP27.
                flammable, n.o.s.
G............  Chlorosilanes,             6.1  UN3361...........  II.............  6.1, 8.........  T14, TP2, TP7,      None...........  206............  243...........  1 L...........  30 L..........  C.............  40
                toxic, corrosive,                                                                    TP13, TP27.
                n.o.s.
 
                                                                                                              * * * * * * *
G............  Compressed gas,            2.2  UN1956...........  ...............  2.2............  ..................  306, 307.......  302, 305.......  314, 315......  75 kg.........  150 kg........  A.............  ..............
                n.o.s.
 

[[Page 3355]]

 
                                                                                                              * * * * * * *
               Crotonaldehyde or          6.1  UN1143...........  I..............  6.1, 3.........  2, 175, B9, B14,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40
                Crotonaldehyde,                                                                      B32, B77, T20,
                stabilized.                                                                          TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
G............  Cyanide solutions,         6.1  UN1935...........  I..............  6.1............  B37, T14, TP2,      None...........  201............  243...........  1 L...........  30 L..........  B.............  40, 52
                n.o.s.                                                                               TP13, TP27.
                                   ..........  .................  II.............  6.1............  IB2, T11, TP2,      153............  202............  243...........  5 L...........  60 L..........  A.............  40, 52
                                                                                                     TP13, TP27.
                                   ..........  .................  III............  6.1............  IB3, T7, TP2,       153............  203............  241...........  60 L..........  220 L.........  A.............  40, 52
                                                                                                     TP13, TP28.
 
                                                                                                              * * * * * * *
               Detonators,               1.4S  UN0456...........  II.............  1.4S...........  347...............  63(f), 63(g)...  62.............  None..........  25 kg.........  100 kg........  05............  ..............
                electric for
                blasting.
 
                                                                                                              * * * * * * *
               Detonators for            1.4S  UN0366...........  II.............  1.4S...........  347...............  None...........  62.............  None..........  25 kg.........  100 kg........  05............  ..............
                ammunition.
 
                                                                                                              * * * * * * *
               Detonators, non-          1.4S  UN0455...........  II.............  1.4S...........  347...............  63(f), 63(g)...  62.............  None..........  25 kg.........  100 kg........  05............  ..............
                electric for
                blasting.
 
                                                                                                              * * * * * * *
               Dibenzyldichlorosi           8  UN2434...........  II.............  8..............  B2, T10, TP2, TP7,  154............  206............  242...........  Forbidden.....  30 L..........  C.............  40
                lane.                                                                                TP13.
 
                                                                                                              * * * * * * *
G............  Elevated                     3  UN3256...........  III............  3..............  IB1, T3, TP3, TP29  None...........  None...........  247...........  Forbidden.....  Forbidden.....  A.............  ..............
                temperature
                liquid,
                flammable,
                n.o.s., with
                flash point above
                37.8 C, at or
                above its flash
                point.
G............  Elevated                     9  UN3257...........  III............  9..............  IB1, T3, TP3, TP29  None...........  None...........  247...........  Forbidden.....  Forbidden.....  A.............  85
                temperature
                liquid, n.o.s.,
                at or above 100 C
                and below its
                flash point
                (including molten
                metals, molten
                salts, etc.).
G............  Elevated                     9  UN3258...........  III............  9..............  ..................  247(h)(4)......  None...........  247...........  Forbidden.....  Forbidden.....  A.............  85
                temperature
                solid, n.o.s., at
                or above 240 C,
                see Sec.
                173.247(h)(4).
 
                                                                                                              * * * * * * *
G............  Environmentally              9  UN3077...........  III............  9..............  8, 146, 335, A112,  155............  213............  240...........  No limit......  No limit......  A.............  ..............
                hazardous                                                                            B54, IB8, IP3,
                substance, solid,                                                                    N20, T1, TP33.
                n.o.s.
 
                                                                                                              * * * * * * *
               Ethanol or Ethyl             3  UN1170...........  II.............  3..............  24, IB2, T4, TP1..  4b, 150........  202............  242...........  5 L...........  60 L..........  A.............  ..............
                alcohol or
                Ethanol solutions
                or Ethyl alcohol
                solutions.
                                   ..........  .................  III............  3..............  24, B1, IB3, T2,    4b, 150........  203............  242...........  60 L..........  220 L.........  A.............  ..............
                                                                                                     TP1.
 
                                                                                                              * * * * * * *
+............  Ethyl isocyanate..         6.1  UN2481...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40, 52
                                                                                                     T20, TP2, TP13,
                                                                                                     TP38, TP44.
 

[[Page 3356]]

 
                                                                                                              * * * * * * *
               Ethylene oxide or          2.3  UN1040...........  ...............  2.3, 2.1.......  4, 342, T50, TP20.  None...........  323............  323...........  Forbidden.....  Forbidden.....  D.............  40
                Ethylene oxide
                with nitrogen up
                to a total
                pressure of 1 MPa
                (10 bar) at 50
                degrees C.
 
                                                                                                              * * * * * * *
G............  Fluorosilicates,           6.1  UN2856...........  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  52
                n.o.s.
 
                                                                                                              * * * * * * *
               Helium,                    2.2  UN1963...........  ...............  2.2............  T75, TP5..........  320............  316............  318...........  50 kg.........  500 kg........  D.............  ..............
                refrigerated
                liquid (cryogenic
                liquid).
 
                                                                                                              * * * * * * *
               Hydrogen in a              2.1  UN3468...........  ...............  2.1............  167...............  None...........  311............  None..........  Forbidden.....  100 kg gross..  D.............  ..............
                metal hydride
                storage system or
                Hydrogen in a
                metal hydride
                storage system
                contained in
                equipment or
                Hydrogen in a
                metal hydride
                storage system
                packed with
                equipment.
 
                                                                                                              * * * * * * *
G............  Hypochlorites,             5.1  UN3212...........  II.............  5.1............  349, A9, IB8, IP2,  152............  212............  240...........  5 kg..........  25 kg.........  D.............  4, 48, 52, 56,
                inorganic, n.o.s.                                                                    IP4, T3, TP33.                                                                                                        58, 69, 106,
                                                                                                                                                                                                                           116, 118
 
                                                                                                              * * * * * * *
+............  Isobutyl                   6.1  UN2486...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40
                isocyanate.                                                                          T20, TP2, TP13,
                                                                                                     TP27.
 
                                                                                                              * * * * * * *
               Isopropanol or               3  UN1219...........  II.............  3..............  IB2, T4, TP1......  4b, 150........  202............  242...........  5 L...........  60 L..........  B.............  ..............
                Isopropyl alcohol.
 
                                                                                                              * * * * * * *
+............  Isopropyl                  6.1  UN2483...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40
                isocyanate.                                                                          T20, TP2, TP13,
                                                                                                     TP38, TP44.
 
                                                                                                              * * * * * * *
               Krypton,                   2.2  UN1970...........  ...............  2.2............  T75, TP5..........  320............  None...........  None..........  50 kg.........  500 kg........  D.............  ..............
                refrigerated
                liquid (cryogenic
                liquid).
 
                                                                                                              * * * * * * *
G............  Lead compounds,            6.1  UN2291...........  III............  6.1............  138, IB8, IP3, T1,  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
                soluble, n.o.s.                                                                      TP33.
 

[[Page 3357]]

 
                                                                                                              * * * * * * *
               Medicine, liquid,            3  UN3248...........  II.............  3, 6.1.........  IB2...............  150............  202............  243...........  1 L...........  60 L..........  B.............  40
                flammable, toxic,
                n.o.s.
                                   ..........  .................  III............  3, 6.1.........  IB3...............  150............  203............  242...........  60 L..........  220 L.........  A.............  ..............
               Medicine, liquid,          6.1  UN1851...........  II.............  6.1............  ..................  153............  202............  243...........  5 L...........  60 L..........  C.............  40
                toxic, n.o.s.
                                   ..........  .................  III............  6.1............  ..................  153............  203............  241...........  60 L..........  220 L.........  C.............  40
               Medicine, solid,           6.1  UN3249...........  II.............  6.1............  T3, TP33..........  153............  212............  242...........  25 kg.........  100 kg........  C.............  40
                toxic, n.o.s.
                                   ..........  .................  III............  6.1............  T3, TP33..........  153............  213............  240...........  100 kg........  200 kg........  C.............  40
 
                                                                                                              * * * * * * *
G............  Mercury compound,          6.1  UN2024...........  I..............  6.1............  ..................  None...........  201............  243...........  1 L...........  30 L..........  B.............  40
                liquid, n.o.s.
                                   ..........  .................  II.............  6.1............  IB2...............  153............  202............  243...........  5 L...........  60 L..........  B.............  40
                                   ..........  .................  III............  6.1............  IB3...............  153............  203............  241...........  60 L..........  220 L.........  B.............  40
G............  Mercury compound,          6.1  UN2025...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  A.............  ..............
                solid, n.o.s.
                                   ..........  .................  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............  ..............
                                                                                                     TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
G............  Metal catalyst,            4.2  UN2881...........  I..............  4.2............  N34, T21, TP7,      None...........  187............  None..........  Forbidden.....  Forbidden.....  C.............  ..............
                dry.                                                                                 TP33.
                                   ..........  .................  II.............  4.2............  IB6, IP2, N34, T3,  None...........  187............  242...........  Forbidden.....  50 kg.........  C.............  ..............
                                                                                                     TP33.
                                   ..........  .................  III............  4.2............  IB8, IP3, N34, T1,  None...........  187............  241...........  25 kg.........  100 kg........  C.............  ..............
                                                                                                     TP33.
G............  Metal catalyst,            4.2  UN1378...........  II.............  4.2............  A2, A8, IB1, N34,   None...........  212............  None..........  Forbidden.....  50 kg.........  C.............  ..............
                wetted with a                                                                        T3, TP33.
                visible excess of
                liquid.
 
                                                                                                              * * * * * * *
+............  Methacrylonitrile,         6.1  UN3079...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  12, 40, 48
                stabilized.                                                                          T20, TP2, TP13,
                                                                                                     TP38, TP45.
 
                                                                                                              * * * * * * *
+............  Methoxymethyl              6.1  UN2605...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40
                isocyanate.                                                                          T20, TP2, TP13,
                                                                                                     TP38, TP44.
 
                                                                                                              * * * * * * *
               Methyl bromide and         6.1  UN1647...........  I..............  6.1............  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40
                ethylene                                                                             N65, T20, TP2,
                dibromide                                                                            TP13, TP38, TP44.
                mixtures, liquid.
 
                                                                                                              * * * * * * *
               Methyl iodide.....         6.1  UN2644...........  I..............  6.1............  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  12, 40
                                                                                                     T20, TP2, TP13,
                                                                                                     TP38, TP45.
 
                                                                                                              * * * * * * *
               Methyl                     6.1  UN2477...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40
                isothiocyanate.                                                                      T20, TP2, TP13,
                                                                                                     TP38, TP45.
 
                                                                                                              * * * * * * *
               Methyl                     6.1  UN2606...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40
                orthosilicate.                                                                       T20, TP2, TP13,
                                                                                                     TP38, TP45.
 
                                                                                                              * * * * * * *
               Methylphenyldichlo           8  UN2437...........  II.............  8..............  T10, TP2, TP7,      None...........  206............  242...........  Forbidden.....  30 L..........  C.............  40
                rosilane.                                                                            TP13.
 

[[Page 3358]]

 
                                                                                                              * * * * * * *
+............  Motor fuel anti-           6.1  UN1649...........  I..............  6.1............  14, B9, B90, T14,   None...........  201............  244...........  Forbidden.....  30 L..........  D.............  25, 40
                knock mixtures.                                                                      TP2, TP13.
 
                                                                                                              * * * * * * *
               Neon, refrigerated         2.2  UN1913...........  ...............  2.2............  T75, TP5..........  320............  316............  None..........  50 kg.........  500 kg........  D.............  ..............
                liquid (cryogenic
                liquid).
 
                                                                                                              * * * * * * *
               Nickel carbonyl...         6.1  UN1259...........  I..............  6.1, 3.........  1.................  None...........  198............  None..........  Forbidden.....  Forbidden.....  D.............  40, 78
 
                                                                                                              * * * * * * *
G............  Nicotine                   6.1  UN3144...........  I..............  6.1............  A4................  None...........  201............  243...........  1 L...........  30 L..........  B.............  40
                compounds,
                liquid, n.o.s. or
                Nicotine
                preparations,
                liquid, n.o.s.
                                   ..........  .................  II.............  6.1............  IB2, T11, TP2,      153............  202............  243...........  5 L...........  60 L..........  B.............  40
                                                                                                     TP27.
                                   ..........  .................  III............  6.1............  IB3, T7, TP1, TP28  153............  203............  241...........  60 L..........  220 L.........  B.............  40
G............  Nicotine                   6.1  UN1655...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  B.............  ..............
                compounds, solid,
                n.o.s. or
                Nicotine
                preparations,
                solid, n.o.s.
                                   ..........  .................  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............  ..............
                                                                                                     TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
G............  Nitrites,                  5.1  UN3219...........  II.............  5.1............  IB1, T4, TP1......  152............  202............  242...........  1 L...........  5 L...........  B.............  46, 56, 58,
                inorganic,                                                                                                                                                                                                 133
                aqueous solution,
                n.o.s.
                                   ..........  .................  III............  5.1............  IB2, T4, TP1......  152............  203............  241...........  2.5 L.........  30 L..........  B.............  46, 56, 58,
                                                                                                                                                                                                                           133
G............  Nitrites,                  5.1  UN2627...........  II.............  5.1............  33, IB8, IP2, IP4,  152............  212............  None..........  5 kg..........  25 kg.........  A.............  46, 56, 58,
                inorganic, n.o.s.                                                                    T3, TP33.                                                                                                             133
 
                                                                                                              * * * * * * *
               Nitrogen,                  2.2  UN1977...........  ...............  2.2............  345, 346, T75, TP5  320............  316............  318...........  50 kg.........  500 kg........  D.............  ..............
                refrigerated
                liquid cryogenic
                liquid.
 
                                                                                                              * * * * * * *
               Nitrous oxide,             2.2  UN2201...........  ...............  2.2, 5.1.......  B6, T75, TP5, TP22  None...........  304............  314, 315......  Forbidden.....  Forbidden.....  D.............  40
                refrigerated
                liquid.
 
                                                                                                              * * * * * * *
G............  Organometallic             4.2  UN3392...........  I..............  4.2............  B11, T21, TP2,      None...........  181............  244...........  Forbidden.....  Forbidden.....  D.............  78
                substance,                                                                           TP7, TP36.
                liquid,
                pyrophoric.
G............  Organometallic             4.2  UN3394...........  I..............  4.2, 4.3.......  B11, T21, TP2,      None...........  181............  244...........  Forbidden.....  Forbidden.....  D.............  78
                substance,                                                                           TP7, TP36.
                liquid,
                pyrophoric, water-
                reactive.
G............  Organometallic             4.3  UN3398...........  I..............  4.3............  T13, TP2, TP7,      None...........  201............  244...........  Forbidden.....  1 L...........  E.............  40, 52
                substance,                                                                           TP36.
                liquid, water-
                reactive.
                                   ..........  .................  II.............  4.3............  IB1, T7, TP2, TP7,  None...........  202............  243...........  1 L...........  5 L...........  E.............  40, 52
                                                                                                     TP36.

[[Page 3359]]

 
                                   ..........  .................  III............  4.3............  IB2, T7, TP2, TP7,  None...........  203............  242...........  5 L...........  60 L..........  E.............  40, 52
                                                                                                     TP36.
G............  Organometallic             4.3  UN3399...........  I..............  4.3, 3.........  T13, TP2, TP7,      None...........  201............  244...........  Forbidden.....  1 L...........  D.............  40, 52
                substance,                                                                           TP36.
                liquid, water-
                reactive,
                flammable.
                                   ..........  .................  II.............  4.3, 3.........  IB1, IP2, T7, TP2,  None...........  202............  243...........  1 L...........  5 L...........  D.............  40, 52
                                                                                                     TP7, TP36.
                                   ..........  .................  III............  4.3, 3.........  IB2, IP4, T7, TP2,  None...........  203............  242...........  5 L...........  60 L..........  E.............  40, 52
                                                                                                     TP7, TP36.
G............  Organometallic             4.2  UN3391...........  I..............  4.2............  T21, TP7, TP33,     None...........  187............  244...........  Forbidden.....  Forbidden.....  D.............  ..............
                substance, solid,                                                                    TP36.
                pyrophoric.
G............  Organometallic             4.2  UN3393...........  I..............  4.2, 4.3.......  B11, T21, TP7,      None...........  187............  244...........  Forbidden.....  Forbidden.....  D.............  52
                substance, solid,                                                                    TP33, TP36.
                pyrophoric, water-
                reactive.
G............  Organometallic             4.2  UN3400...........  II.............  4.2............  IB6, T3, TP33,      None...........  212............  242...........  15 kg.........  50 kg.........  C.............  ..............
                substance, solid,                                                                    TP36.
                self-heating.
                                   ..........  .................  III............  4.2............  IB8, T1, TP33,      None...........  213............  242...........  25 kg.........  100 kg........  C.............  ..............
                                                                                                     TP36.
G............  Organometallic             4.3  UN3395...........  I..............  4.3............  N40, T9, TP7,       None...........  211............  242...........  Forbidden.....  15 kg.........  E.............  40, 52
                substance, solid,                                                                    TP33, TP36.
                water-reactive.
                                   ..........  .................  II.............  4.3............  IB4, T3, TP33,      151............  212............  242...........  15 kg.........  50 kg.........  E.............  40, 52
                                                                                                     TP36.
                                   ..........  .................  III............  4.3............  IB6, T1, TP33,      151............  213............  241...........  25 kg.........  100 kg........  E.............  40, 52
                                                                                                     TP36.
G............  Organometallic             4.3  UN3396...........  I..............  4.3, 4.1.......  N40, T9, TP7,       None...........  211............  242...........  Forbidden.....  15 kg.........  E.............  40, 52
                substance, solid,                                                                    TP33, TP36.
                water-reactive,
                flammable.
                                   ..........  .................  II.............  4.3, 4.1.......  IB4, T3, TP33,      151............  212............  242...........  15 kg.........  50 kg.........  E.............  40, 52
                                                                                                     TP36.
                                   ..........  .................  III............  4.3, 4.1.......  IB6, T1, TP33,      151............  213............  241...........  25 kg.........  100 kg........  E.............  40, 52
                                                                                                     TP36.
G............  Organometallic             4.3  UN3397...........  I..............  4.3, 4.2.......  N40, T9, TP7,       None...........  211............  242...........  Forbidden.....  15 kg.........  E.............  40, 52
                substance, solid,                                                                    TP33, TP36.
                water-reactive,
                self-heating.
                                   ..........  .................  II.............  4.3, 4.2.......  IB4, T3, TP33,      None...........  212............  242...........  15 kg.........  50 kg.........  E.............  40, 52
                                                                                                     TP36.
                                   ..........  .................  III............  4.3, 4.2.......  IB6, T1, TP33,      None...........  213............  241...........  25 kg.........  100 kg........  E.............  40, 52
                                                                                                     TP36.
 
                                                                                                              * * * * * * *
               Oxygen, compressed         2.2  UN1072...........  ...............  2.2, 5.1.......  110, A14..........  306............  302............  314, 315......  75 kg.........  150 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
G............  Permanganates,             5.1  UN3214...........  II.............  5.1............  26, 353, IB2, T4,   152............  202............  242...........  1 L...........  5 L...........  D.............  56, 58, 133,
                inorganic,                                                                           TP1.                                                                                                                  138
                aqueous solution,
                n.o.s.
G............  Permanganates,             5.1  UN1482...........  II.............  5.1............  26, 353, A30, IB6,  152............  212............  242...........  5 kg..........  25 kg.........  D.............  56, 58, 138
                inorganic, n.o.s.                                                                    IP2, T3, TP33.
                                   ..........  .................  III............  5.1............  26, 353, A30, IB8,  152............  213............  240...........  25 kg.........  100 kg........  D.............  56, 58, 138
                                                                                                     IP3, T1, TP33.
 
                                                                                                              * * * * * * *
               Pentaerythrite            1.1D  UN0411...........  II.............  1.1D...........  120...............  None...........  62.............  None..........  Forbidden.....  Forbidden.....  10............  ..............
                tetranitrate or
                Pentaerythritol
                tetranitrate or
                PETN, with not
                less than 7
                percent wax by
                mass.
 
                                                                                                              * * * * * * *
               Petroleum crude              3  UN1267...........  I..............  3..............  144, 357, T11,      150............  201............  243...........  1 L...........  30 L..........  E.............  ..............
                oil.                                                                                 TP1, TP8.
                                   ..........  .................  II.............  3..............  144, 357, IB2, T4,  150............  202............  242...........  5 L...........  60 L..........  B.............  ..............
                                                                                                     TP1, TP8.
                                   ..........  .................  III............  3..............  144, 357, B1, IB3,  150............  203............  242...........  60 L..........  220 L.........  A.............  ..............
                                                                                                     T2, TP1.
 

[[Page 3360]]

 
                                                                                                              * * * * * * *
               Phenyl mercaptan..         6.1  UN2337...........  I..............  6.1, 3.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40, 52
                                                                                                     B77, T20, TP2,
                                                                                                     TP13, TP38, TP45.
G............  Phenylmercuric             6.1  UN2026...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  A.............  ..............
                compounds, n.o.s.
                                   ..........  .................  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  A.............  ..............
                                                                                                     TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
+............  Phosphorous                6.1  UN1810...........  I..............  6.1, 8.........  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40
                oxychloride.                                                                         B77, N34, T20,
                                                                                                     TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
               Polyester resin              3  UN3269...........  ...............  3..............  40, 149...........  165............  165............  None..........  5 kg..........  5 kg..........  B.............  ..............
                kit.
 
                                                                                                              * * * * * * *
               Potassium nitrate.         5.1  UN1486...........  III............  5.1............  A1, A29, IB8, IP3,  152............  213............  240...........  25 kg.........  100 kg........  A.............  ..............
                                                                                                     T1, TP33, W1.
 
                                                                                                              * * * * * * *
               Powder, smokeless.        1.4C  UN0509...........  ...............  1.4C...........  ..................  None...........  62.............  None..........  Forbidden.....  75 kg.........  06............  ..............
 
                                                                                                              * * * * * * *
               n-Propyl                   6.1  UN2482...........  I..............  6.1, 3.........  1, B9, B14, B30,    None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40
                isocyanate.                                                                          T20, TP2, TP13,
                                                                                                     TP38, TP44.
 
                                                                                                              * * * * * * *
G............  Pyrophoric liquid,         4.2  UN3194...........  I..............  4.2............  ..................  None...........  181............  244...........  Forbidden.....  Forbidden.....  D.............  78
                inorganic, n.o.s.
G............  Pyrophoric                 4.2  UN2845...........  I..............  4.2............  B11, T22, TP2, TP7  None...........  181............  244...........  Forbidden.....  Forbidden.....  D.............  78
                liquids, organic,
                n.o.s.
 
                                                                                                              * * * * * * *
G............  Selenates or               6.1  UN2630...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  E.............  ..............
                Selenites.
 
                                                                                                              * * * * * * *
G............  Selenium compound,         6.1  UN3440...........  I..............  6.1............  T14, TP2, TP27....  None...........  201............  243...........  1 L...........  30 L..........  B.............  ..............
                liquid, n.o.s.
                                   ..........  .................  II.............  6.1............  IB2, T11, TP2,      153............  202............  243...........  5 L...........  60 L..........  B.............  ..............
                                                                                                     TP27.
                                   ..........  .................  III............  6.1............  IB3, T7, TP1, TP28  153............  203............  241...........  60 L..........  220 L.........  A.............  ..............
G............  Selenium compound,         6.1  UN3283...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  B.............  ..............
                solid, n.o.s.
                                   ..........  .................  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  B.............  ..............
                                                                                                     TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
               Silicon                      8  UN1818...........  II.............  8..............  A3, A6, B2, B6,     None...........  202............  242...........  Forbidden.....  30 L..........  C.............  40
                tetrachloride.                                                                       T10, TP2, TP7,
                                                                                                     TP13.
 
                                                                                                              * * * * * * *
               Sodium nitrate....         5.1  UN1498...........  III............  5.1............  A1, A29, IB8, IP3,  152............  213............  240...........  25 kg.........  100 kg........  A.............  ..............
                                                                                                     T1, TP33, W1.

[[Page 3361]]

 
               Sodium nitrate and         5.1  UN1499...........  III............  5.1............  A1, A29, IB8, IP3,  152............  213............  240...........  25 kg.........  100 kg........  A.............  ..............
                potassium nitrate                                                                    T1, TP33, W1.
                mixtures.
 
                                                                                                              * * * * * * *
+............  Sulfuryl chloride.         6.1  UN1834...........  I..............  6.1, 8.........  1, B6, B9, B10,     None...........  226............  244...........  Forbidden.....  Forbidden.....  D.............  40
                                                                                                     B14, B30, B77,
                                                                                                     N34, T22, TP2,
                                                                                                     TP13, TP38, TP44.
 
                                                                                                              * * * * * * *
G............  Tellurium                  6.1  UN3284...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  B.............  ..............
                compound, solid,
                n.o.s.
                                   ..........  .................  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  B.............  ..............
                                                                                                     TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
+............  Tetranitromethane.         6.1  UN1510...........  I..............  6.1, 5.1.......  2, B32, T20, TP2,   None...........  227............  None..........  Forbidden.....  Forbidden.....  D.............  40, 66
                                                                                                     TP13, TP38, TP44.
 
                                                                                                              * * * * * * *
+............  Thiophosgene......         6.1  UN2474...........  I..............  6.1............  2, B9, B14, B32,    None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40, 52
                                                                                                     N33, N34, T20,
                                                                                                     TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
+............  Titanium                   6.1  UN1838...........  I..............  6.1, 8.........  2, B7, B9, B14,     None...........  227............  244...........  Forbidden.....  Forbidden.....  D.............  40
                tetrachloride.                                                                       B32, B77, T20,
                                                                                                     TP2, TP13, TP38,
                                                                                                     TP45.
 
                                                                                                              * * * * * * *
G............  Vanadium compound,         6.1  UN3285...........  I..............  6.1............  IB7, IP1, T6, TP33  None...........  211............  242...........  5 kg..........  50 kg.........  B.............  ..............
                n.o.s.
                                   ..........  .................  II.............  6.1............  IB8, IP2, IP4, T3,  153............  212............  242...........  25 kg.........  100 kg........  B.............  ..............
                                                                                                     TP33.
                                   ..........  .................  III............  6.1............  IB8, IP3, T1, TP33  153............  213............  240...........  100 kg........  200 kg........  A.............  ..............
 
                                                                                                              * * * * * * *
               Xenon,                     2.2  UN2591...........  ...............  2.2............  T75, TP5..........  320............  None...........  None..........  50 kg.........  500 kg........  D.............  ..............
                refrigerated
                liquid (cryogenic
                liquids).
 
                                                                                                              * * * * * * *
               Zinc ammonium              5.1  UN1512...........  II.............  5.1............  IB8, IP4, T3, TP33  None...........  212............  242...........  5 kg..........  25 kg.........  E.............  ..............
                nitrite.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 3362]]

* * * * *

0
8. In Sec.  172.102, the following amendments are made:
0
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;
0
b. In paragraph (c)(2), special provision A59 is removed and special 
provision A112 is added;
0
c. In paragraph (c)(4), Table 1--IB Codes (IBC Codes) is revised;
0
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;
0
d. In paragraph (c)(8), special provision TP36 is added; and
0
e. In paragraph (c)(9), special provision W1 is added.
    The revisions and additions read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *

Code/Special Provisions

* * * * *
    15 This entry applies to ``Chemical kits'' and ``First aid kits'' 
containing one or more compatible items of hazardous materials in 
boxes, cases, etc. that, for example, are used for medical, analytical, 
diagnostic, testing, or repair purposes. Kits that are carried on board 
transport vehicles for first aid or operating purposes are not subject 
to the requirements of this subchapter.
* * * * *
    40 Polyester resin kits consist of two components: A base material 
(Class 3, Packing Group II or III) and an activator (organic peroxide), 
each separately packed in an inner packaging. The organic peroxide must 
be type D, E, or F, not requiring temperature control. The components 
may be placed in the same outer packaging provided they will not 
interact dangerously in the event of leakage. The Packing Group 
assigned will be II or III, according to the classification criteria 
for Class 3, applied to the base material. Additionally, unless 
otherwise excepted in this subchapter, polyester resin kits must be 
packaged in specification combination packagings based on the 
performance level of the base material contained within the kit.
* * * * *
    78 This entry may not be used to describe compressed air which 
contains more than 23.5 percent oxygen. Compressed air containing 
greater than 23.5 percent oxygen must be shipped using the description 
``Compressed gas, oxidizing, n.o.s., UN3156.''
* * * * *
    110 Fire extinguishers transported under UN1044 and oxygen 
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 
Sec.  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 Sec.  
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 Sec.  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 Sec.  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 battery-powered 
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 
non-conductive 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 non-rechargeable and rechargeable designs, with a marked rating up 
to 9-volt that are combined in the same package and

[[Page 3363]]

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 Sec.  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, self-propelled 
vehicles or equipment that contain a fuel cell engine must be consigned 
under the entries ``Engine, fuel cell, flammable gas powered'' or 
``Engine, fuel cell, flammable liquid powered'' or ``Vehicle, fuel 
cell, flammable gas powered'' or ``Vehicle, fuel cell, flammable liquid 
powered,'' as appropriate. These entries include hybrid electric 
vehicles powered by a fuel cell engine, an internal combustion engine, 
and batteries.
    135 Internal combustion engines installed in a vehicle must be 
consigned under the entries ``Vehicle, flammable gas powered'' or 
``Vehicle, flammable liquid powered,'' as appropriate. These entries 
include hybrid electric vehicles powered by both an internal combustion 
engine and wet, sodium or lithium batteries installed. If a fuel cell 
engine is installed in a vehicle, the vehicle must be consigned using 
the entries ``Vehicle, fuel cell, flammable gas powered'' or ``Vehicle, 
fuel cell, flammable liquid powered,'' as appropriate. These entries 
include hybrid electric vehicles powered by a fuel cell, an internal 
combustion engine, and wet, sodium or lithium batteries installed.
* * * * *
    149 Except for transportation by aircraft, when transported as a 
limited quantity or a consumer commodity, the maximum net capacity 
specified in Sec.  173.150(b)(2) of this subchapter for inner 
packagings may be increased to 5 L (1.3 gallons).
* * * * *
    167 These storage systems must always be considered as containing 
hydrogen. A metal hydride storage system installed in or intended to be 
installed in a vehicle or equipment or in vehicle or equipment 
components must be approved for transport by the Associate 
Administrator. A copy of the approval must accompany each shipment.
* * * * *
    198 Nitrocellulose solutions containing not more than 20% 
nitrocellulose may be transported as paint, perfumery products, or 
printing ink, as applicable, provided the nitrocellulose contains no 
more 12.6% nitrogen (by dry mass). See UN1210, UN1263, UN1266, UN3066, 
UN3469, and UN3470.
* * * * *
    340 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 Sec.  172.101 Hazardous Materials Table (HMT) of this 
part for transportation requirements for nickel-metal 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 Sec.  171.16 of this subchapter 
if a fire, violent rupture, explosion or dangerous evolution of heat 
(i.e., an amount of heat sufficient to be dangerous to packaging or 
personal safety to include charring of packaging, melting of packaging, 
scorching of packaging, or other evidence) occurs as a direct result of 
a nickel metal hydride battery; 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 Sec.  176.30 of this subchapter, and the vessel stowage 
requirements assigned to this entry in Column (10) of the Sec.  172.101 
Hazardous Materials Table.
* * * * *
    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 Sec.  173.4a of 
this subchapter, irrespective of the restriction of Sec.  173.4a(b) 
provided that:
    a. After filling, each glass inner packaging must be determined to 
be leak-tight by placing the glass inner packaging in a hot water bath 
at a temperature and for a period of time sufficient to ensure that an 
internal pressure equal to the vapor pressure of ethylene oxide at 55 
[deg]C is achieved. Any glass inner packaging showing evidence of 
leakage, distortion or other defect under this test must not be 
transported under the terms of this special provision;
    b. In addition to the packaging required in Sec.  173.4a, each 
glass inner packaging must be placed in a sealed plastic bag compatible 
with ethylene oxide and capable of containing the contents in the event 
of breakage or leakage of the glass inner packaging; and
    c. Each glass inner packaging is protected by a means of preventing 
puncture of the plastic bag (e.g., sleeves or cushioning) in the event 
of damage to the packaging (e.g., by crushing).
    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 Sec.  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 Sec.  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

[[Page 3364]]

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 Sec.  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 Sec.  171.7 of this subchapter) have 
demonstrated that any hazardous effects from accidental functioning are 
confined to within the package. Effective January 1, 2014, for 
transportation domestically by highway or rail, this entry may only be 
used if the results of Test Series 6(d) of Part I of the UN Manual of 
Tests and Criteria (IBR, see Sec.  171.7 of this subchapter) have 
demonstrated that any hazardous effects from accidental functioning are 
confined to within the package. Testing must be performed or witnessed 
by a person who is approved by the Associate Administrator (see Sec.  
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 Sec.  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 [deg]C (1.1 bar at 122
                                [deg]F), or 130 kPa at 55 [deg]C (1.3
                                bar at 131 [deg]F) are authorized.
IB2..........................  Authorized IBCs: Metal (31A, 31B and
                                31N); Rigid plastics (31H1 and 31H2);
                                Composite (31HZ1).
                               Additional Requirement: Only liquids with
                                a vapor pressure less than or equal to
                                110 kPa at 50 [deg]C (1.1 bar at 122
                                [deg]F), or 130 kPa at 55 [deg]C (1.3
                                bar at 131 [deg]F) are authorized.
IB3..........................  Authorized IBCs: Metal (31A, 31B and
                                31N); Rigid plastics (31H1 and 31H2);
                                Composite (31HZ1 and 31HA2, 31HB2,
                                31HN2, 31HD2 and 31HH2).
                               Additional Requirement: Only liquids with
                                a vapor pressure less than or equal to
                                110 kPa at 50 [deg]C (1.1 bar at 122
                                [deg]F), or 130 kPa at 55 [deg]C (1.3
                                bar at 131 [deg]F) are authorized,
                                except for UN2672 (also see Special
                                Provision IP8 in Table 2 for UN2672).
IB4..........................  Authorized IBCs: Metal (11A, 11B, 11N,
                                21A, 21B and 21N).
IB5..........................  Authorized IBCs: Metal (11A, 11B, 11N,
                                21A, 21B and 21N); Rigid plastics (11H1,
                                11H2, 21H1, 21H2, 31H1 and 31H2);
                                Composite (11HZ1, 21HZ1 and 31HZ1).
IB6..........................  Authorized IBCs: Metal (11A, 11B, 11N,
                                21A, 21B and 21N); Rigid plastics (11H1,
                                11H2, 21H1, 21H2, 31H1 and 31H2);
                                Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2,
                                31HZ1 and 31HZ2).
                               Additional Requirement: Composite IBCs
                                11HZ2 and 21HZ2 may not be used when the
                                hazardous materials being transported
                                may become liquid during transport.
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 Sec.  
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 
Sec.  178.275(g)(3) of this subchapter for the pressure relief devices. 
When the word ``Normal'' is indicated, Sec.  178.275(g)(3) of this 
subchapter does not apply. Column 5 references applicable requirements 
for bottom openings in part 178 of this

[[Page 3365]]

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.]
----------------------------------------------------------------------------------------------------------------
                                               Minimum shell thickness    Pressure relief       Bottom opening
Portable tank instruction     Minimum test     (in mm-reference steel)   requirements (See    requirements (See
                             pressure (bar)    (See Sec.   178.274(d))   Sec.   178.275(g))   Sec.   178.275(d))
(1)                                      (2)  (3).....................  (4)................  (5)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
T9.......................                  4  6 mm....................  Normal.............  Prohibited for
                                                                                              liquids.
                                                                                             Sec.
                                                                                              178.275(d)(2)
 
                                                  * * * * * * *
 
T21......................                 10  10 mm...................  Normal.............  Prohibited for
                                                                                              liquids.
                                                                                             Sec.
                                                                                              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 Sec.  
171.7 of this subchapter) and is found to not meet the definition or 
criteria for inclusion in Division 5.1.
* * * * *

0
9. In Sec.  172.200, paragraph (b)(3) is revised to read as follows:


Sec.  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.
* * * * *

0
10. In Sec.  172.203, paragraph (b) is revised to read as follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (b) Limited quantities. When a shipping paper is required by this 
subchapter, the description for a material offered for transportation 
as ``limited quantity,'' as authorized by this subchapter, must include 
the words ``Limited Quantity'' or ``Ltd Qty'' following the basic 
description.
* * * * *

0
11. In Sec.  172.300, paragraph (c) is added to read as follows:


Sec.  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.

0
12. In Sec.  172.301, paragraph (a)(1) is revised to read as follows:


Sec.  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 Sec.  172.101 Table.
* * * * *

0
13. In Sec.  172.312, paragraph (c)(5) is revised to read as follows:


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

* * * * *
    (c) * * *
    (5) A non-bulk package with hermetically sealed inner packagings 
not exceeding 500 mL each.
* * * * *

0
14. Section 172.315 is revised to read as follows:


Sec.  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-on-point 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 Sec.  176.2 of this

[[Page 3366]]

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:
[GRAPHIC] [TIFF OMITTED] TR19JA11.032

    (b) For transportation by aircraft, a limited quantity package 
conforming to Table 3 of Sec.  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:
[GRAPHIC] [TIFF OMITTED] TR19JA11.033

    (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 
Sec.  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 Sec.  
172.316 is not required to be marked with the limited quantity marking 
required by this section.

0
15. In Sec.  172.316, paragraphs (a)(1) and (2) are revised to read as 
follows:

[[Page 3367]]

Sec.  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 Sec. Sec.  
173.63, 173.150 through 173.155, 173.306 and the applicable 
requirements in Sec.  173.27.
    (2) Until December 31, 2013, ORM-D for an ORM-D that is packaged in 
accordance with Sec. Sec.  173.63, 173.150 through 173.155 and 173.306.
* * * * *

0
16. In Sec.  172.322, paragraph (d)(4) is added to read as follows:


Sec.  172.322  Marine pollutants.

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

0
17. In Sec.  172.324,
0
a. The first sentence in paragraph (a) is revised;
0
b. Paragraph (b) is revised; and
0
c. Paragraph (c) is added.
    The revisions and addition read as follows:


Sec.  172.324  Hazardous substances in non-bulk packagings.

* * * * *
    (a) Except for packages of radioactive material labeled in 
accordance with Sec.  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 Sec.  172.315 must also be marked in accordance with the 
applicable requirements of this section.

0
18. In Sec.  172.326, in paragraph (a), a second sentence is added to 
read as follows:


Sec.  172.326  Portable tanks.

    (a) Shipping name. * * * For transportation by vessel, the minimum 
height for a proper shipping name marked on a portable tank is 65 mm 
(2.5 inches).
* * * * *

0
19. In Subpart D, Sec.  172.327 is added to read as follows:


Sec.  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-on-point 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:
[GRAPHIC] [TIFF OMITTED] TR19JA11.034

    (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.

0
20. In Sec.  172.500, paragraph (b)(3) is revised to read as follows:


Sec.  172.500  Applicability of placarding requirements.

* * * * *
    (b) * * *
    (3) Hazardous materials authorized by this subchapter to be offered 
for transportation as a limited quantity when identified as such on a 
shipping paper in accordance with Sec.  172.203(b) or when marked as 
such in accordance with Sec.  172.315.

0
21. In Sec.  172.502, paragraph (b)(2) is revised to read as follows:


Sec.  172.502  Prohibited and permissive placarding.

* * * * *
    (b) * * *
    (2) The restrictions of paragraph (a) of this section do not apply 
to the display of a BIOHAZARD marking, a ``HOT''

[[Page 3368]]

marking, a sour crude oil hazard marking, or an identification number 
on a white square-on-point configuration in accordance with Sec. Sec.  
172.323(c), 172.325(c), 172.327(a), or 172.336(b) of this part, 
respectively.
* * * * *

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

0
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.


0
23. In Sec.  173.4, paragraphs (a) introductory text and (c) are 
revised and paragraph (a)(1)(v) is added to read as follows:


Sec.  173.4  Small quantities for highway and rail.

    (a) When transported domestically by highway or rail in conformance 
with this section, quantities of Division 2.2 (except aerosols 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.
* * * * *

0
24. In Sec.  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:


Sec.  173.4a  Excepted quantities.

    (a) * * *
    (4) Packagings for which retention of liquid is a basic function 
must be capable of withstanding without leakage the pressure 
differential specified in Sec.  173.27(c) 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.''
* * * * *

0
25. In Sec.  173.4b, paragraph (b) is added to read as follows:


Sec.  173.4b  De minimis exceptions.

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

0
26. In Sec.  173.25, paragraph (a)(6) is added to read as follows:


Sec.  173.25  Authorized packagings and overpacks.

    (a) * * *
    (6) Where packages of limited quantity materials are overpacked 
and, until December 31, 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 Sec.  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.''
* * * * *

0
27. In Sec.  173.27, remove paragraph (f) introductory text and add 
paragraphs (f)(1) through (3) and table 3 to read as follows:


Sec.  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 Sec.  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

[[Page 3369]]

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 Sec.  
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 Sec.  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
----------------------------------------------------------------------------------------------------------------
                                    Maximum authorized net  quantity of
                                           each inner packaging
                                 ---------------------------------------- Maximum authorized
    Hazard class or division      Glass, earthenware                        net quantity of          Notes
                                    or fiber inner     Metal or  plastic  each outer package
                                      packagings       inner packagings
----------------------------------------------------------------------------------------------------------------
Class 1.........................                                                              Forbidden. See
                                                                                               Sec.   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 Sec.
                                                                                               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
                                                                                               Sec.   173.165 of
                                                                                               this part. For
                                                                                               Fuel cell
                                                                                               cartridges
                                                                                               containing
                                                                                               flammable liquids
                                                                                               (UN3473), see
                                                                                               Sec.   173.230 of
                                                                                               this part.
                                  PG III: 2.5L*.....  PG III: 5.0L*.....  PG III: 10L*......  *Maximum net
                                  *Corrosive          *Corrosive                               quantity per
                                   subsidiary risk     subsidiary risk                         outer package
                                   (e.g., UN2924) or   (e.g., UN2924) or                       with corrosive
                                   toxic (e.g.,        toxic (e.g.,                            subsidiary risk
                                   UN1992) is 1L.      UN1992) is 1L.                          (e.g., UN2924) is
                                                                                               1L and toxic
                                                                                               subsidiary risk
                                                                                               (e.g., UN1992) is
                                                                                               2L.
Division 4.1 (does not include    PG I: Forbidden...
 self-reactive material).
                                  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.

[[Page 3370]]

 
Division 4.2 (Primary or          Forbidden*........  ..................  25 kg (net mass)*.  *Until December
 subsidiary).                                                                                  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      PG I solids and
 only).                            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
                                                                                               Sec.   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     PG I: Forbidden...
 material).
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 Sec.
                                                                                               173.161 of this
                                                                                               part or a
                                                                                               Polyester resin
                                                                                               kit (UN3269) in
                                                                                               accordance with
                                                                                               Sec.   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
                                                                                              Sec.   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);     30 mL (UN3316);     1 kg (UN3316); 30   Authorized
                                   5.0L (UN1941,       5.0L (UN1941,       kg (all other       materials:
                                   UN1990, UN3082)     UN1990, UN3082)     authorized Class    UN1941, UN1990,
                                   100 g (UN3316);     100 g (UN3316);     9 material).        UN2071, UN3077,
                                   5.0 kg (UN2071,     5.0 kg (UN2071,                         UN3082, and
                                   UN3077).            UN3077).                                UN3316 only.
                                                                                               Additionally,
                                                                                               Consumer
                                                                                               commodity
                                                                                               (ID8000) in
                                                                                               accordance with
                                                                                               Sec.   173.167 of
                                                                                               this part and
                                                                                               Chemical kit or
                                                                                               First aid kit
                                                                                               (UN3316) in
                                                                                               accordance with
                                                                                               Sec.   173.161of
                                                                                               this part are
                                                                                               authorized.

[[Page 3371]]

 
Class 9 (solid material)........  100 g (UN3316);     100 g (UN3316);
                                   5.0 kg (UN2071,     5.0 kg (UN2071,
                                   UN3077).            UN3077).
----------------------------------------------------------------------------------------------------------------

* * * * *
0
28. In Sec.  173.40, in paragraph (c)(1), a second sentence is added to 
read as follows:


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

* * * * *
    (c) * * *
    (1) * * * For UN pressure receptacles, each valve must be capable 
of withstanding the test pressure of the pressure receptacle and be 
connected directly to the pressure receptacle by either a taper thread 
or other means which meets the requirements of ISO 10692-2: (IBR, see 
Sec.  171.7 of this subchapter).
* * * * *

0
29. In Sec.  173.58, paragraph (a)(5) is revised to read as follows:


Sec.  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 Sec.  172.102 of this 
subchapter) applies; or
* * * * *

0
30. In Sec.  173.59, a definition for ``Phlegmatized'' is added in 
alphabetical order to read as follows:


Sec.  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).
* * * * *

0
31. In Sec.  173.63, paragraph (b) is revised to read as follows:


Sec.  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 Sec.  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 Sec.  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.
* * * * *

0
32. In Sec.  173.120, paragraphs (c)(1)(i) and (ii) are revised to read 
as follows:

[[Page 3372]]

Sec.  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 [deg]C (100 [deg]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 Sec.  171.7 of this subchapter);
    (B) Standard Test Methods for Flash Point of Liquids by Small Scale 
Closed-Cup Apparatus, (ASTM D 3278) (IBR; see Sec.  171.7 of this 
subchapter); or
    (C) Standard Test Methods for Flash Point by Small Scale Closed 
Tester, (ASTM D 3828) (IBR; see Sec.  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 Sec.  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 
Closed-Cup Apparatus (ASTM D 3278) (IBR; see Sec.  171.7 of this 
subchapter);
    (C) Determination of Flash/No Flash--Closed Cup Equilibrium Method 
(ISO 1516) (IBR; see Sec.  171.7 of this subchapter);
    (D) Determination of Flash point--Closed Cup Equilibrium Method 
(ISO 1523) (IBR; see Sec.  171.7 of this subchapter);
    (E) Determination of Flash Point--Pensky-Martens Closed Cup Method 
(ISO 2719) (IBR; see Sec.  171.7 of this subchapter);
    (F) Determination of Flash Point--Rapid Equilibrium Closed Cup 
Method (ISO 3679) (IBR; see Sec.  171.7 of this subchapter);
    (G) Determination of Flash/No Flash--Rapid Equilibrium Closed Cup 
Method (ISO 3680) (IBR; see Sec.  171.7 of this subchapter); or
    (H) Determination of Flash Point--Abel Closed-Cup Method (ISO 
13736) (IBR; see Sec.  171.7 of this subchapter).
* * * * *
0
33. In Sec.  173.121, paragraph (a) is revised to read as follows:


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

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

------------------------------------------------------------------------
    Packing group     Flash point (closed-cup)    Initial boiling point
------------------------------------------------------------------------
I...................  ........................  <=35[deg]C
                                                (95 [deg]F)
II..................  <23[deg]C (73 [deg]F)...  >35 [deg]C
                                                (95 [deg]F)
III.................  >=23 [deg]C, <=60 [deg]C  >35 [deg]C
                      (>=73 [deg]F, <=140       (95 [deg]F)
                       [deg]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 Sec.  171.7 of this 
subchapter);
    (ii) Standard Test Method for Distillation Range of Volatile 
Organic Liquids (ASTM D 1078) (IBR; see Sec.  171.7 of this 
subchapter);
    (iii) Petroleum Products--Determination of Distillation 
Characteristics at Atmospheric Pressure (ISO 3405) (IBR; see Sec.  
171.7 of this subchapter);
    (iv) Petroleum Products--Determination of Boiling Range 
Distribution--Gas Chromatography Method (ISO 3924) (IBR; see Sec.  
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 Sec.  171.7 
of this subchapter).
* * * * *

0
34. In Sec.  173.124, paragraph (b)(2) is revised to read as follows:


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

* * * * *
    (b) * * *
    (2) A self-heating material. A self-heating material is a material 
that through a process where the gradual reaction of that substance 
with oxygen (in air) generates heat. If the rate of heat production 
exceeds the rate of heat loss, then the temperature of the substance 
will rise which, after an induction time, may lead to self-ignition and 
combustion. A material of this type which exhibits spontaneous ignition 
or if the temperature of the sample exceeds 200 [deg]C (392 [deg]F) 
during the 24-hour test period when tested in accordance with UN Manual 
of Tests and Criteria (IBR; see Sec.  171.7 of this subchapter), is 
classed as a Division 4.2 material.
* * * * *

0
35. In Sec.  173.136, paragraph (a) is revised to read as follows:


Sec.  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 Sec.  173.137(c)(2) is also a corrosive 
material. Whenever practical, in vitro test methods authorized in Sec.  
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.
* * * * *

0
36. In Sec.  173.137, in the introductory text, the second sentence is 
revised and a third, fourth, and fifth sentence are added to read as 
follows:


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

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

0
37. Section 173.144 is revised to read as follows:


Sec.  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

[[Page 3373]]

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 Sec.  
172.101 Hazardous Materials Table.

0
38. In Sec.  173.150, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  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 Sec.  
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 Sec.  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 
Sec.  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.
* * * * *

0
39. In Sec.  173.151, paragraphs (b), (c), and (d) are revised to read 
as follows:


Sec.  173.151  Exceptions for Class 4.

* * * * *
    (b) Limited quantities of Division 4.1. (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 Sec.  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 Sec.  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 Sec.  173.156.
    (c) Consumer commodities. Until December 31, 2013, a limited 
quantity package (including Charcoal briquettes (NA1361)) containing a 
``consumer commodity'' as defined in Sec.  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 Sec.  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 Sec.  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

[[Page 3374]]

each, packed in a strong outer packaging.

0
40. In Sec.  173.152, paragraphs (b) and (c) are revised to read as 
follows:


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

* * * * *
    (b) Limited quantities. 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 Sec.  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 Sec.  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 
Sec.  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.

0
41. In Sec.  173.153, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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.

0
42. In Sec.  173.154, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  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 Sec.  
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 Sec.  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

[[Page 3375]]

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 
Sec.  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.
* * * * *

0
43. In Sec.  173.155, paragraphs (b) and (c) are revised to read as 
follows:


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

* * * * *
    (b) Limited quantities of Class 9 materials. Limited quantities of 
miscellaneous hazardous materials 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 Sec.  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 Sec.  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 
Sec.  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.

0
44. Section 173.156 is revised to read as follows:


Sec.  173.156  Exceptions for limited quantity and ORM.

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

0
45. Section 173.161 is revised to read as follows:


Sec.  173.161  Chemical kits and first aid kits.

    (a) Applicability. Chemical kits and first aid kits contain one or 
more compatible items of hazardous materials in boxes, cases, etc. 
that, for example, are used for medical, analytical, diagnostic, 
testing, or repair purposes.
    (b) Authorized materials. (1) The kits may only contain hazardous 
materials for which packaging exceptions are provided in column 8(A) of 
the Sec.  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 Sec. Sec.  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

[[Page 3376]]

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 Sec.  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 Sec.  173.217 of 
this subchapter;
    (6) The kits must include sufficient absorbent material to 
completely absorb the contents of any liquid hazardous materials 
contained in the kits. The contents must be separated, placed, or 
packed, and closed with cushioning material to protect them from 
damage; and
    (7) The contents of the kits must be packed so there will be no 
possibility of the mixture of contents causing dangerous evolution of 
heat or gas.
    (d) Exceptions. (1)(i) Chemical kits and first aid kits are 
eligible for the excepted quantity exceptions provided in Sec. Sec.  
173.4 and 173.4a of this part. For transportation by aircraft, chemical 
kits and first aid kits are eligible for the limited quantity 
provisions provided in Sec.  173.27(f) of this part. For inner 
packaging quantity limits, see Sec.  173.27(f), Table 3.
    (ii) A package conforming to the provisions of this section is not 
subject to the shipping paper requirements of subpart C of part 172 of 
this subchapter, unless the material meets the definition of a 
hazardous substance, hazardous waste, marine pollutant, or is offered 
for transportation and transported by aircraft or vessel. Chemical kits 
and First aid kits conforming to this section may be marked as a 
limited quantity as prescribed in Sec.  172.315 of this subchapter and, 
if applicable, are eligible for the exceptions provided in Sec.  
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 Sec.  172.315 of this subchapter.
    (2) Consumer commodities. Until December 31, 2013, a limited 
quantity package containing a ``consumer commodity'' as defined in 
Sec.  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.

0
46. Section 173.165 is added to read as follows:


Sec.  173.165  Polyester resin kits.

    (a) Except for transportation by aircraft, polyester resin kits 
consisting of a base material component (Class 3, Packing Group II or 
III) and an activator component (Type D, E, or F organic peroxide which 
does not require temperature control)--
    (1) The organic peroxide component must be packed in inner 
packagings not over 125 mL (4.22 ounces) net capacity each for liquids 
or 500 g (17.64 ounces) net capacity each for solids;
    (2) The flammable liquid component must be packed in inner 
packagings not over 5 L (1.3 gallons) net capacity each for Packing 
Group II or III liquid; and
    (3) The flammable liquid component and the organic peroxide 
component may be packed in the same strong outer packaging provided 
they will not interact dangerously in the event of leakage.
    (b) For transportation by aircraft, polyester resin kits consisting 
of a base material component (Class 3, Packing Group II or III) and an 
activator component (Type D, E, or F organic peroxide which does not 
require temperature control)--
    (1) The organic peroxide component is limited to a quantity of 125 
mL (4.22 ounces) per inner packaging if liquid, and 500 g (1 pound) if 
solid. The base material is limited to a quantity of 5 L (1.3 gallons) 
in metal or plastic inner packagings and 1 L (0.3 gallons) in glass 
inner packagings;
    (2) The components may be placed in the same outer packaging 
provided they will not interact dangerously in the event of leakage;
    (3) Packing group will be II or III, according to the criteria for 
Class 3, applied to the base material. Additionally, unless otherwise 
excepted in this subchapter, polyester resin kits must be packaged in 
specification combination packagings based on the performance level 
required of the base material (II or III) contained within the kit;
    (4) Closures must be secured by secondary means;
    (5) Inner packagings intended to contain liquids must be capable of 
meeting the pressure differential requirements prescribed in Sec.  
173.27(c) 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 Sec. Sec.  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 
Sec.  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

[[Page 3377]]

accordance with the applicable provisions of this subchapter in effect 
on October 1, 2010.

0
47. Section Sec.  173.167 is added to read as follows:


Sec.  173.167  Consumer commodities.

    (a) Effective January 1, 2013, a ``consumer commodity'' (see Sec.  
171.8 of this subchapter) when intended for transportation by aircraft 
may only include articles or substances of Class 2 (non-toxic aerosols 
only), Class 3 (Packing Group II and III only), Division 6.1 (Packing 
Group III only), UN3077, UN3082, and UN3175, provided such materials do 
not have a subsidiary risk and are authorized aboard a passenger-
carrying aircraft. Friction-type closures must be secured by secondary 
means. Inner packagings intended to contain liquids must be capable of 
meeting the pressure differential requirements (75 kPa) prescribed in 
Sec.  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 Sec.  171.8 of this 
subchapter and constructed in accordance with Sec.  173.306 of this 
part, in non-refillable, non-metal containers not exceeding 120 mL (4 
fluid ounces) each, or in non-refillable metal containers not exceeding 
820 mL (28 ounces) each, except that flammable aerosols may not exceed 
500 mL (16.9 ounces) each; 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.

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


Sec.  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 
Sec. Sec.  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 Sec.  177.834(l) of this 
subchapter.
    (4) Modal exceptions. Quantities of flammable liquid fuel greater 
than 500 mL (17 ounces) may remain in the fuel tank in self-propelled 
vehicles 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 
Sec.  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

[[Page 3378]]

preclude spillage of fuel during loading, unloading, and 
transportation; and
    (D) Each area or compartment in which a self-propelled vehicle is 
being transported is suitably ventilated to prevent the accumulation of 
fuel vapors.
    (c) Battery-powered or installed. Batteries must be securely 
installed, and wet batteries must be fastened in an upright position. 
Batteries must be protected against a dangerous evolution of heat, 
short circuits, and damage to terminals in conformance with Sec.  
173.159(a) and leakage; or must be removed and packaged separately 
under Sec.  173.159. Battery-powered vehicles, machinery or equipment 
including battery-powered wheelchairs and mobility aids are not subject 
to any other requirements of this subchapter except Sec.  173.21 of 
this subchapter when transported by rail, highway or vessel.
    (d) Lithium batteries. Except as provided in Sec.  172.102, Special 
Provision A101 of this subchapter, vehicles, engines and machinery 
powered by lithium metal batteries that are transported with these 
batteries installed are forbidden aboard passenger-carrying aircraft. 
Lithium batteries contained in vehicles, engines or mechanical 
equipment must be securely fastened in the battery holder of the 
vehicle, engine or mechanical equipment and be protected in such a 
manner as to prevent damage and short circuits (e.g., by the use of 
non-conductive caps that cover the terminals entirely). Lithium 
batteries must be of a type that have successfully passed each test in 
the UN Manual of Tests and Criteria as specified in Sec.  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 Sec.  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 Sec.  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 
Sec.  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 Sec.  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 Sec.  172.604 of this subchapter (emergency response 
telephone number) for transportation by vessel or aircraft. For 
transportation by aircraft, the provisions of Sec.  173.159(b)(2) of 
this part as applicable, the provisions of Sec.  173.230(f), as 
applicable, other applicable requirements of this subchapter, including 
shipping papers, emergency response information, notification of pilot-
in-command, general packaging requirements, and the requirements 
specified in Sec.  173.27 of this subchapter must be met. For 
transportation by vessel, additional exceptions are specified in Sec.  
176.905 of this subchapter.

0
49. In Sec.  173.225:
0
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.
0
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''.


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

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

                                                                 Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Diluent   Diluent   Diluent
          Technical name                 ID No.        Concent.  (mass %)  (mass %)  (mass %)    Water    Packing  method    Temp       Temp      Notes
                                                       (mass %)      A         B         I     (mass %)                     control  emergency
(1)                                 (2).............        (3)      (4a)      (4b)      (4c)       (5)  (6).............      (7a)       (7b)       (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE]..........................  ................  .........  ........  ........  ........  ........  ................  ........  .........  ........
 
                                                                      * * * * * * *
Di-(2-tert-butylperoxyisopropyl)    UN3106..........   > 42-100  ........  ........     <= 57  ........  OP7.............  ........  .........      1, 9
 benzene(s).

[[Page 3379]]

 
Di-(2-tert-butylperoxyisopropyl)    Exempt..........      <= 42  ........  ........     >= 58  ........  Exempt..........  ........  .........  ........
 benzene(s).
 
                                                                      * * * * * * *
2,5-Dimethyl-2,5-di-(tert-          UN3105..........   > 52-100  ........  ........  ........  ........  OP7.............  ........  .........  ........
 butylperoxy)hexane.
 
                                                                      * * * * * * *
[ADD].............................  ................  .........  ........  ........  ........  ........  ................  ........  .........  ........
 
                                                                      * * * * * * *
Di-(tert-butylperoxyisopropyl)      UN3106..........   > 42-100  ........  ........     <= 57  ........  OP7.............  ........  .........      1, 9
 benzene(s).
Di-(tert-butylperoxyisopropyl)      Exempt..........      <= 42  ........  ........     >= 58  ........  Exempt..........  ........  .........  ........
 benzene(s).
 
                                                                      * * * * * * *
2,5-Dimethyl-2,5-di-(tert-          UN3103..........   > 90-100  ........  ........  ........  ........  OP5.............  ........  .........  ........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-          UN3105..........   > 52--90     >= 10  ........  ........  ........  OP7.............  ........  .........  ........
 butylperoxy)hexane.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

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

* * * * *

0
50. In Sec.  173.230, paragraphs (g) and (h) are revised to read as 
follows:


Sec.  173.230  Fuel cell cartridges containing hazardous material.

* * * * *
    (g) Limited quantities. Limited quantities of hazardous materials 
contained in fuel cell cartridges are excepted from the labeling 
requirements, unless the cartridges are offered for transportation or 
transported by aircraft, and 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 Sec.  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 Sec.  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

[[Page 3380]]

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 Sec.  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 Sec.  173.156 of this part.

0
51. In Sec.  173.301b, paragraphs (c)(2)(iii) and (e) are revised to 
read as follows:


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

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

0
52. In Sec.  173.306, paragraphs (h)(2), (i), and (l) are revised to 
read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  173.307.

0
53. In Sec.  173.307, paragraph (a)(6) is added to read as follows:


Sec.  173.307  Exceptions for compressed gases.

    (a) * * *
    (6) Light bulbs, provided they are packaged so that the projectile 
effects of

[[Page 3381]]

any rupture of the bulb will be contained within the package.
* * * * *

0
54. Section 173.311 is added to read as follows:


Sec.  173.311  Metal hydride storage systems.

    The following packing instruction is applicable to transportable UN 
Metal hydride storage systems (UN3468) with pressure receptacles not 
exceeding 150 liters (40 gallons) in water capacity and having a 
maximum developed pressure not exceeding 25 MPa. Metal hydride storage 
systems must be designed, constructed, initially inspected and tested 
in accordance with ISO 16111 (IBR, see Sec.  171.7 of this subchapter) 
as authorized under Sec.  178.71(f) of this subchapter. Steel pressure 
receptacles or composite pressure receptacles with steel liners must be 
marked in accordance with Sec.  173.301b(f) 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 Sec.  180.207 of this subchapter in 
accordance with the requalification procedures prescribed in ISO 16111.
0
55. In 173.322, paragraph (e) is added to read as follows:


Sec.  173.322  Ethyl chloride.

* * * * *
    (e) In capsules under the following conditions:
    (1) The mass of gas must not exceed 150 g (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

0
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.


0
57. In Sec.  175.8, in paragraph (b)(3), the first sentence is revised 
to read as follows:


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

* * * * *
    (b) * * *
    (3) 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. * * *
* * * * *

0
58. Section 175.9 is revised to read as follows:


Sec.  175.9  Special aircraft operations.

    (a) This subchapter applies to rotorcraft external load operations 
transporting hazardous material on board, attached to, or suspended 
from an aircraft. 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.
0
59. In Sec.  175.10:

[[Page 3382]]


0
a. Paragraphs (a)(17) and (18) are redesignated as paragraphs (a)(18) 
and (19), respectively;
0
b. New paragraph (a)(17) is added; and
0
c. Newly redesignated paragraph (a)(19) is revised.
    The addition and revision read as follows:


Sec.  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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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.
* * * * *

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


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

    (a) Each person who engages in for-hire air transportation of 
passengers must display notices of the requirements applicable to the 
carriage of hazardous materials aboard aircraft, and the penalties for 
failure to comply with those requirements in accordance with this 
section. 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

[[Page 3383]]

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.

0
61. In Sec.  175.30, paragraph (e)(3) is revised to read as follows:


Sec.  175.30  Inspecting shipments.

* * * * *
    (e) * * *
    (3) The word ``OVERPACK'' appears on the outside of the overpack 
when specification packagings are required.

0
62. Section 175.75 is revised to read as follows:


Sec.  175.75  Quantity limitations and cargo location.

    (a) No person may carry on an aircraft a hazardous material except 
as permitted by this subchapter.
    (b) Except as otherwise provided in this subchapter, no person may 
carry a hazardous material in the cabin of a passenger-carrying 
aircraft or on the flight deck of any aircraft, and the hazardous 
material must be located in a place that is inaccessible to persons 
other than crew members. Hazardous materials may be carried in a main 
deck cargo compartment of a passenger aircraft provided that the 
compartment is inaccessible to passengers and that it meets all 
certification requirements for a Class B aircraft cargo compartment in 
14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR 
25.857(c). A package bearing a ``KEEP AWAY FROM HEAT'' handling marking 
must be protected from direct sunshine and stored in a cool and 
ventilated place, away from sources of heat.
    (c) For each package containing a hazardous material acceptable for 
carriage aboard passenger-carrying aircraft, no more than 25 kg (55 
pounds) net weight of hazardous material may be loaded in an 
inaccessible manner. In addition 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 passenger-carrying 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 hand-to-hand signature service 
provided by the operator of the aircraft.
    (f) At a minimum, quantity limits and loading instructions in the 
following quantity and loading table must be followed to maintain 
acceptable quantity and loading between packages containing hazardous 
materials. The quantity and loading table is as follows:

                                           Quantity and Loading Table
----------------------------------------------------------------------------------------------------------------
                                                                Quantity Limitation: 25
                                                                    kg net weight of
                                                                hazardous material plus
            Applicability                     Forbidden           75 kg net weight of            No limit
                                                                   Division 2.2 (non-
                                                                  flammable compressed
                                                                          gas)
----------------------------------------------------------------------------------------------------------------
Passenger-carrying aircraft..........  Cargo Aircraft Only      Inaccessible...........  Accessible.
                                        labeled packages.

[[Page 3384]]

 
Cargo-only aircraft--Packages          Not applicable.........  Inaccessible (See Note   Accessible (See Note
 authorized aboard a passenger-                                  1).                      2).
 carrying aircraft.
Cargo-only aircraft--Packages not      Inaccessible (See Note   Not applicable.........  Accessible (See Note
 authorized aboard a passenger-         1).                                               2).
 carrying aircraft and displaying a
 Cargo Aircraft Only label.
----------------------------------------------------------------------------------------------------------------
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.


0
63. In Sec.  175.78, paragraph (c)(4)(iii) is revised to read as 
follows:


Sec.  175.78  Stowage compatibility of cargo.

* * * * *
    (c) * * *
    (4) * * *
    (iii) Except for Division 1.4B explosives and as otherwise provided 
in this Note, explosives of different compatibility groups may be 
stowed together whether or not they belong to the same division. 
Division 1.4B explosives must not be stowed together with any other 
explosive permitted aboard aircraft except Division 1.4S, unless 
segregated as prescribed in paragraph (c)(4)(iv) of this section 
(``Note 1'').
* * * * *

PART 176--CARRIAGE BY VESSEL

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

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


0
65. In Sec.  176.2, in the definition for ``Cargo transport unit,'' the 
first sentence is revised to read as follows:


Sec.  176.2  Definitions.

* * * * *
    Cargo transport unit means a transport vehicle, a freight 
container, a portable tank or a multiple element gas container (MEGC). 
* * *
* * * * *

0
66. In Sec.  176.63, paragraph (f)(2) is revised to read as follows:


Sec.  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 Sec.  171.7 
of this subchapter), applicable to enclosed container cargo spaces, as 
appropriate for the cargo transported.

0
67. In Sec.  176.76, paragraph (a)(9) is added to read as follows:


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

    (a) * * *
    (9) When security devices, beacons or other tracking or monitoring 
equipment are used, they must be securely installed and must be of a 
certified safe type for the hazardous materials that will be carried 
within the freight container or transport vehicle in which such as 
device or equipment is installed.
* * * * *


Sec.  176.84  [Amended]

0
68. In Sec.  176.84, in paragraph (b) Table of provisions, Code Number 
``143'' and its corresponding provision are removed.


Sec.  176.142  [Removed and Reserved]

0
69. Section 176.142 is removed and reserved.

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


Sec.  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 one-fourth 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 Sec.  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

[[Page 3385]]

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[deg]C (100[deg]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[deg]C (100[deg]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 Sec.  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

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

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

0
72. Section 178.71 is revised to read as follows:


Sec.  178.71  Specifications for UN pressure receptacles.

    (a) General. Each UN pressure receptacle must meet the requirements 
of this section. Requirements for approval, qualification, maintenance, 
and testing are contained in Sec.  178.70, and subpart C of part 180 of 
this subchapter.
    (b) Definitions. The following definitions apply for the purposes 
of design and construction of UN pressure receptacles under this 
subpart:
    Alternative arrangement means an approval granted by the Associate 
Administrator for a MEGC that has been designed, constructed or tested 
to the technical requirements or testing methods other than those 
specified for UN pressure receptacles in part 178 or part 180 of this 
subchapter.
    Bundle of cylinders. See Sec.  171.8 of this subchapter.
    Design type means a pressure receptacle design as specified by a 
particular pressure receptacle standard.
    Design type approval means an overall approval of the 
manufacturer's quality system and design type of each pressure 
receptacle to be produced within the manufacturer's facility.
    UN tube. See Sec.  171.8 of this subchapter.
    (c) General design and construction. UN pressure receptacles and 
their closures must be designed, manufactured, tested and equipped in 
accordance with the requirements contained in this section. 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 Sec.  171.7 of this subchapter) and 
be protected as specified in Sec.  173.301b(f) of this subchapter.
    (3) UN pressure receptacles that cannot be handled manually or 
rolled, must be equipped with devices (e.g., skids, rings, straps) 
ensuring that they can be safely handled by mechanical means and so 
arranged as not to impair the strength of, nor cause undue stresses, in 
the pressure receptacle.
    (4) Pressure receptacles filled by volume must be equipped with a 
level indicator.
    (e) Bundles of cylinders. UN pressure receptacles assembled in 
bundles must be structurally supported and held together as a unit and 
secured in a manner that prevents movement in relation to the 
structural assembly and movement that would result in the concentration 
of harmful local stresses. The frame design must ensure stability under 
normal operating conditions.
    (1) The frame must securely retain all the components of the bundle 
and must protect them from damage during conditions normally incident 
to transportation. The method of cylinder restraint must prevent any 
vertical or horizontal movement or rotation of the cylinder that could 
cause undue strain on the manifold. The total assembly must be able to 
withstand rough handling, including being dropped or overturned.
    (2) The frame must include features designed for the handling and 
transportation of the bundle. The lifting rings must be designed to 
withstand a design load of 2 times the maximum gross weight. Bundles 
with more than one lifting ring must be designed such that a minimum 
sling angle of 45 degrees to the horizontal can be achieved during 
lifting using the lifting rings. If four lifting rings are used, their 
design must be strong enough to allow the bundle to be lifted by two 
rings. Where two or four lifting rings are used, diametrically opposite 
lifting rings must be aligned with each other to allow for correct 
lifting using shackle pins. If the bundle is filled with forklift 
pockets, it must contain two forklift pockets on each side from which 
it is to be lifted. The forklift pockets must be positioned

[[Page 3386]]

symmetrically consistent with the bundle center of gravity.
    (3) The frame structural members must be designed for a vertical 
load of 2 times the maximum gross weight of the bundle. Design stress 
levels may not exceed 0.9 times the yield strength of the material.
    (4) The frame must not contain any protrusions from the exterior 
frame structure that could cause a hazardous condition.
    (5) The frame design must prevent collection of water or other 
debris that would increase the tare weight of bundles filled by weight.
    (6) The floor of the bundle frame must not buckle during normal 
operating conditions and must allow for the drainage of water and 
debris from around the base of the cylinders.
    (7) If the frame design includes movable doors or covers, they must 
be capable of being secured with latches or other means that will not 
become dislodged by operational impact loads. Valves that need to be 
operated in normal service or in an emergency must be accessible.
    (8) For bundles of cylinders, pressure receptacle marking 
requirements only apply to the individual cylinders of a bundle and not 
to any assembly structure.
    (f) Design and construction requirements for UN refillable welded 
cylinders. In addition to the general requirements of this section, UN 
refillable welded cylinders must conform to the following ISO 
standards, as applicable:
    (1) ISO 4706: Gas cylinders--Refillable welded steel cylinders--
Test pressure 60 bar and below (IBR, see Sec.  171.7 of this 
subchapter).
    (2) ISO 18172-1: Gas cylinders--Refillable welded stainless steel 
cylinders--Part 1: Test pressure 6 MPa and below (IBR, see Sec.  171.7 
of this subchapter).
    (3) ISO 20703: Gas cylinders--Refillable welded aluminum-alloy 
cylinders--Design, construction and testing (IBR, see Sec.  171.7 of 
this subchapter).
    (g) Design and construction requirements for UN refillable seamless 
steel cylinders. In addition to the general requirements of this 
section, UN refillable seamless steel cylinders must conform to the 
following ISO standards, as applicable:
    (1) ISO 9809-1: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1 100 MPa. 
(IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 9809-2: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1 100 MPa. (IBR, see Sec.  171.7 of this subchapter).
    (3) ISO 9809-3: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders. (IBR, see Sec.  171.7 of this subchapter).
    (h) Design and construction requirements for UN refillable seamless 
aluminum alloy cylinders. In addition to the general requirements of 
this section, UN refillable seamless aluminum cylinders must conform to 
ISO 7866: Gas cylinders--Refillable seamless aluminum alloy gas 
cylinders--Design, construction and testing. (IBR, see Sec.  171.7 of 
this subchapter). The use of Aluminum alloy 6351-T6 or equivalent is 
prohibited.
    (i) Design and construction requirements for UN non-refillable 
metal cylinders. In addition to the general requirements of this 
section, UN non-refillable metal cylinders must conform to ISO 11118: 
Gas cylinders--Non-refillable metallic gas cylinders--Specification and 
test methods. (IBR, see Sec.  171.7 of this subchapter.)
    (j) Design and construction requirements for UN refillable seamless 
steel tubes. In addition to the general requirements of this section, 
UN refillable seamless steel tubes must conform to ISO 11120: Gas 
cylinders--Refillable seamless steel tubes of water capacity between 
150 L and 3000 L--Design, construction and testing. (IBR, see Sec.  
171.7 of this subchapter).
    (k) Design and construction requirements for UN acetylene 
cylinders. In addition to the general requirements of this section, UN 
acetylene cylinders must conform to the following ISO standards, as 
applicable:
    (1) For the cylinder shell:
    (i) ISO 9809-1: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1 100 MPa.
    (ii) ISO 9809-3: Gas cylinders--Refillable seamless steel gas 
cylinders--Design, construction and testing--Part 3: Normalized steel 
cylinders.
    (2) The porous mass in an acetylene cylinder must conform to ISO 
3807-2: Cylinders for acetylene--Basic requirements--Part 2: Cylinders 
with fusible plugs. (IBR, see Sec.  171.7 of this subchapter).
    (l) Design and construction requirements for UN composite 
cylinders. (1) In addition to the general requirements of this section, 
UN composite cylinders must be designed for unlimited service life and 
conform to the following ISO standards, as applicable:
    (i) ISO 11119-1: Gas cylinders of composite construction--
Specification and test methods--Part 1: Hoop-wrapped composite gas 
cylinders. (IBR, see Sec.  171.7 of this subchapter).
    (ii) ISO 11119-2: Gas cylinders of composite construction--
Specification and test methods--Part 2: Fully-wrapped fibre reinforced 
composite gas cylinders with load-sharing metal liners. (IBR, see Sec.  
171.7 of this subchapter).
    (iii) ISO 11119-3: Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-load sharing metallic or non-metallic 
liners. (IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 11119-2 and ISO 11119-3 gas cylinders of composite 
construction manufactured in accordance with the requirements for 
underwater use must bear the ``UW'' mark.
    (m) Design and construction requirements for UN metal hydride 
storage systems. In addition to the general requirements of this 
section, metal hydride storage systems must conform to the following 
ISO standards, as applicable: ISO 16111: Transportable gas storage 
devices--Hydrogen absorbed in reversible metal hydride (IBR, see Sec.  
171.7 of this subchapter).
    (n) Material compatibility. In addition to the material 
requirements specified in the UN pressure receptacle design and 
construction ISO standards, and any restrictions specified in part 173 
for the gases to be transported, the requirements of the following 
standards must be applied with respect to material compatibility:
    (1) ISO 11114-1: Transportable gas cylinders--Compatibility of 
cylinder and valve materials with gas contents--Part 1: Metallic 
materials. (IBR, see Sec.  171.7 of this subchapter).
    (2) ISO 11114-2: Transportable gas cylinders--Compatibility of 
cylinder and valve materials with gas contents--Part 2: Non-metallic 
materials. (IBR, see Sec.  171.7 of this subchapter).
    (o) Protection of closures. Closures and their protection must 
conform to the requirements in Sec.  173.301(f) of this subchapter.
    (p) Marking of UN refillable pressure receptacles. UN refillable 
pressure receptacles must be marked clearly and legibly. The required 
markings must be permanently affixed by stamping, engraving, or other 
equivalent method, on the shoulder, top end or neck of the pressure 
receptacle or on a permanently

[[Page 3387]]

affixed component of the pressure receptacle, such as a welded collar. 
Except for the ``UN'' mark, the minimum size of the marks must be 5 mm 
for pressure receptacles with a diameter greater than or equal to 140 
mm, and 2.5 mm for pressure receptacles with a diameter less than 140 
mm. The minimum size of the ``UN'' mark must be 5 mm for pressure 
receptacles with a diameter less than 140 mm, and 10 mm for pressure 
receptacles with a diameter of greater than or equal to 140 mm. The 
depth of the markings must not create harmful stress concentrations. A 
refillable pressure receptacle conforming to the UN standard must be 
marked as follows:
    (1) The UN packaging symbol.
    [GRAPHIC] [TIFF OMITTED] TR19JA11.035
    
    (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.

[[Page 3388]]

[GRAPHIC] [TIFF OMITTED] TR19JA11.036

    (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 Sec.  171.7 of this 
subchapter).
    (4) Each non-refillable pressure receptacle must also be legibly 
marked by stenciling the following statement: ``Federal law forbids 
transportation if refilled-penalty up to $500,000 fine and 5 years in 
imprisonment (49 U.S.C. 5124).''
    (5) No person may mark a non-refillable pressure receptacle as 
meeting the requirements of this section unless it was manufactured in 
conformance with this section.

0
73. In Sec.  178.275, paragraph (h) is revised to read as follows:


Sec.  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 [deg]C (230 [deg]F) and 149 [deg]C (300.2 
[deg]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 Sec.  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.
* * * * *

0
74. In Sec.  178.347-1, paragraph (d)(9) is revised to read as follows:


Sec.  178.347-1  General requirements.

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

[[Page 3389]]

The test specimens may represent all the tanks that are made in the 
same facility within 6 months after the tests are completed. Before 
welding, the fit-up of the joints on the test specimens must represent 
production conditions that would result in the least joint strength. 
Evidence of joint fit-up and test results must be retained at the 
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.

0
75. In Sec.  178.603, paragraph (f)(4) is revised to read as follows:


Sec.  178.603  Drop test.

* * * * *
    (f) * * *
    (4) The packaging or outer packaging of a composite or combination 
packaging must not exhibit any damage 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;
* * * * *

0
76. In Sec.  178.703, paragraph (a)(1)(viii) is revised to read as 
follows:


Sec.  178.703  Marking of IBCs.

    (a) * * *
    (1) * * *
    (viii) The maximum permissible gross mass in kg.
* * * * *

0
77. In Sec.  178.955, paragraphs (c)(6) and (7) are added to read as 
follows:


Sec.  178.955  General requirements.

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

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

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

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


Sec.  180.207  [Amended]

0
79. In Sec.  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 right-hand column and the number ``5'' is added for the 
entry in the left-hand column.

0
80. In Sec.  180.350, in paragraph (b), the second sentence is revised 
to read as follows:


Sec.  180.350  Applicability and definitions.

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