78596 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

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

178 and 180 

[Docket No. PHMSA–06–25476 (HM–215I)] 

RIN 2137–AE16 

Hazardous Materials: Harmonization 

With the United Nations 

Recommendations, International 

Maritime Dangerous Goods Code, and 

International Civil Aviation 

Oganization’s Technical Instructions 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule revises 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 will 

harmonize the Hazardous Materials 

Regulations with certain recent changes 

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. 

DATES: Effective date: January 1, 2007. 

Voluntary Compliance Date: PHMSA 

is authorizing voluntary compliance 

beginning January 1, 2007. 

Delayed Compliance Date: Unless 

otherwise specified, mandatory 

compliance with the amendments 

adopted in this final rule is required 

beginning January 1, 2008. 

Incorporation by Reference Date: The 

incorporation by reference of the 

publications adopted in § 171.7 of this 

final rule has been approved by the 

Director of the Federal Register as of 

January 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Charles Betts, Office of Hazardous 

Materials Standards, telephone (202) 

366–8553, or Shane Kelley, 

International Standards, telephone (202) 

366–0656, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 400 

Seventh Street, SW., Washington, DC 

20590–0001. 

SUPPLEMENTARY INFORMATION: 

Contents 

I. Background 

II. Overview 

A. Amendments Adopted in this Final 

Rule 

B. International Standards Not Being 

Adopted in this Final Rule 

III. Section-By-Section 

IV. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for this 

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 

I. Background 

By notice of proposed rulemaking 

(NPRM) published August 31, 2006, the 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA, we) published 

proposed revisions to the hazard 

communication, classification, and 

packaging requirements of the 

Hazardous Materials Regulations 

(HMR), 49 CFR parts 171–180, to align 

with updates and revisions to the 

United Nations Recommendations on 

the Transport of Dangerous Goods (UN 

Recommendations), the International 

Maritime Dangerous Goods (IMDG) 

Code and the International Civil 

Aviation Organization (ICAO) Technical 

Instructions for the Transport of 

Dangerous Goods by Air. The UN 

Recommendations are amended and 

updated biennially by the UN 

Committee of Experts on the Transport 

of Dangerous Goods and on the Globally 

Harmonized System of Classification 

and Labeling of Chemicals and serve as 

the basis for national, regional, and 

international modal regulations, 

including the IMDG Code, and the ICAO 

Technical Instructions. 

The harmonization of domestic and 

international standards becomes 

increasingly important as the volume of 

hazardous materials transported in 

international commerce grows. 

Harmonization facilitates 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. By 

facilitating compliance, harmonization 

also tends to enhance safety for 

international movements, but only if the 

international standards themselves 

provide an appropriate level of safety. 

To that end, 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 consider 

each amendment on its own merit. Each 

amendment is considered 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 without 

imposing undue burdens on the 

regulated public. 

To maintain alignment of the HMR 

with international requirements, in this 

final rule, we are incorporating changes 

into the HMR based on the Fourteenth 

revised edition of the UN 

Recommendations and UN Manual of 

Tests and Criteria, Amendment 33 to the 

IMDG Code, and the 2007–2008 ICAO 

Technical Instructions, which become 

effective January 1, 2007. We are also 

addressing petitions for rulemaking 

concerning harmonization with 

international standards and additional 

measures to facilitate international 

transportation. 

The comment period for the proposed 

rule closed on October 16, 2006. 

PHMSA received 28 comments in 

response to the proposed rulemaking. 

The following individuals, companies 

and organizations submitted comments: 

(1) Georgia Department of Public Safety 

(GPS; PHMSA–06–25476–4); 

(2) North American Transportation 

Consultants (NATC; PHMSA–06– 

25476–7); 

(3) Lawrence Laude (Laude; PHMSA– 

06–25476–8); 

(4) United Parcel Service (UPS; 

PHMSA–06–25476–9); 

(5) Christopher L. Botteri (Botteri; 

PHMSA–06–25476–10); 

(6) Dennis Eisenhofer (Eisenhofer; 

PHMSA–06–25476–11); 

(7) HMT Associates (HMT; PHMSA–06– 

25476–12); 

(8) Phillip Adamo (Adamo; PHMSA– 

06–25476–13); 

(9) Institute of Makers of Explosives 

(IME; PHMSA–06–25476–14); 

(10) J & S Warehouse (J&S; PHMSA–06– 

25476–17); 

(11) Rising Star Transportation (RST; 

PHMSA–06–25476–18); 

(12) National Tank Truck Carriers 

(NTTC; PHMSA–06–25476–19); 

(13) Air Products and Chemicals (AP&C; 

PHMSA–06–25476–20); 

(14) All Chemical Transport and Leasing 

(AllChem; PHMSA–06–25476–21); 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78597 

(15) International Sanitary Supply 

Association (ISSA; PHMSA–06–

25476–22); 

(16) American Trucking Association 

(ATA; PHMSA–06–25476–23); 

(17) The Chlorine Institute (CI; PHMSA–

06–25476–24); 

(18) International Vessel Operators 

Hazardous Materials Association, 

Inc. (VOHMA; PHMSA–06–25476–

25); 

(19) Arkema (Arkema; PHMSA–06–

25476–26); 

(20) Unidentified commenter (UC1; 

PHMSA–06–25476–28); 

(21) Laboratory Corporation of America 

Holdings (LabCorp; PHMSA–06–

25476–29); 

(22) Unidentified commenter (UC2; 

PHMSA–06–25476–30); 

(23) National Association of Chemical 

Distributors (NACD; PHMSA–06–

25476–31); 

(24) National Paint & Coating 

Association (NPCA; PHMSA–06–

25476–33); 

(25) Dangerous Goods Advisory Council 

(DGAC; PHMSA–06–25476–34); 

(26) Degussa Corporation (Degussa; 

PHMSA–06–25476–35); 

(27) Federal Express (FedEx; PHMSA–

06–25476–36): and 

(28) Association of HazMat Shippers, 

Inc. (AHS; PHMSA–06–25476–37). 

Commenters were supportive of 

PHMSA’s efforts to harmonize the HMR 

with international standards. Many of 

the proposals in the NPRM are fully 

supported by commenters, while others 

received little or no comment; these 

amendments are adopted as proposed. 

Several comments were beyond the 

scope of this rulemaking and are not 

addressed in this final rule. 

In the NPRM, we requested comments 

on whether certain amendments should 

be tied to a sunset provision. We 

received six comments (GPS, IME, 

NTTC, AP&C, ATA, and NPCA) 

opposing the idea of a sunset provision. 

We agree with the commenters that for 

an international harmonization 

rulemaking, sunsetting some or all of 

the regulatory provisions is not 

appropriate. Therefore, we are not 

adopting a sunset provision for the 

amendments in this final rule. Other 

comments are discussed in the Sectionby-Section Review. 

II. Overview 

A. Amendments Adopted in This Final 

Rule 

In this final rule, we are adopting the 

following amendments to the HMR: 

• Adoption of a single shipping paper 

description sequence (identification 

number, proper shipping name, hazard 

class or division, packing group). 

• Requirement to indicate the net 

quantity of hazardous material per 

package on the shipping paper if 

transportation is by aircraft. 

• Incorporation by reference of the 

updated ICAO Technical Instructions, 

IMDG Code, and UN Recommendations. 

• Amendments to the Hazardous 

Materials Table (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 vessels stowage 

provisions. 

• Revision of the ORGANIC 

PEROXIDE label and placard. 

• Revision of the classification 

criteria for PG III flammable liquids. 

• Revision of the classification 

criteria and packing group assignments 

for Division 6.1 materials. 

• Requirements for the transportation 

of fuel cells containing flammable 

liquid. 

• Adoption of a one-packet limit for 

matches carried by airline passengers or 

crew members. 

B. International Standards Not Being 

Adopted in This Final Rule 

This final rule makes changes to the 

HMR based on amendments to the 

Fourteenth revised edition of the UN 

Recommendations, Amendment 33 to 

the IMDG Code, and the 2007–2008 

ICAO Technical Instructions, which 

become effective January 1, 2007. 

However, we are not adopting all of the 

amendments to those documents into 

the HMR. In many cases, amendments 

to the international regulations have not 

been adopted 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. For example, we addressed 

requirements related to the 

transportation of infectious substances 

in a final rule published June 2, 2006, 

under Docket HM–226A (71 FR 32244). 

Similarly, we adopted amendments 

relating to the use of UN cylinders and 

pressure vessels in a final rule 

published June 12, 2006, under Docket 

HM–220E (71 FR 33858). 

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 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: 

• Environmentally hazardous 

substances. The UN Recommendations 

include new defining criteria for 

environmentally hazardous substances. 

The UN criteria have not yet been 

adopted by ICAO and IMO. We will 

consider these changes in a separate 

rulemaking proceeding. 

• Hazardous materials security. Like 

the HMR, the UN Recommendations 

require carriers, consignors and others 

engaged in the transport of ‘‘high 

consequence’’ dangerous goods to 

adopt, implement and comply with a 

security plan that addresses the 

transportation risks associated with 

these materials. A major difference 

between the HMR and the UN 

Recommendations is the quantity of 

hazardous material that triggers the 

requirement for a security plan. On 

September 21, 2006, PHMSA published 

an advance notice of proposed 

rulemaking (71 FR 55156) to consider 

revisions to the list of hazardous 

materials that triggers security plan 

requirements under the HMR. We will 

consider whether the HMR list should 

be harmonized with the UN 

Recommendations list as part of this 

initiative. 

• Requirements for radioactive 

materials. We are not adopting 

provisions pertaining to the 

transportation of Class 7 (radioactive) 

materials. Amendments to requirements 

pertaining to the transportation of Class 

7 materials are based on changes 

contained in the International Atomic 

Energy Agency (IAEA) publication, 

‘‘IAEA Safety Standards Series: 

Regulations for the Safe Transport of 

Radioactive Materials.’’ Due to their 

complexity, these changes will be 

addressed in a separate rulemaking. 

• Default classification system for 

fireworks. We are not adopting these 

provisions of the UN Recommendations 

because we do not believe the UN 

classification system provides an 

equivalent level of safety to the current 

HMR requirements. Under the HMR, 

fireworks must be classed and approved 

by the Associate Administrator for 

Hazardous Materials Safety; the 

approvals are based on American 

Pyrotechnic Association Standard 87–1. 

• Fuel cells. We are not adopting 

provisions for the carriage of fuel cell 

cartridges in the passenger cabin of a 

passenger aircraft that were adopted by 

ICAO. Also, we are not adopting the 

packaging provisions for the transport of 

‘‘Hydrogen in a metal hydride storage 

system,’’ (UN3468), as adopted by 

ICAO. Currently, the HMR allow 


pwalker on PROD1PC60 with RULES4
78598 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

transportation of these storage systems 

by motor vehicle and rail under the 

terms of a special permit and by motor 

vehicle, rail, cargo vessel and cargo 

aircraft with approval of the Associate 

Administrator. These issues will be 

considered in a separate rulemaking 

proceeding. 

• Marking of Limited Quantity 

shipments. The ICAO Technical 

Instructions include a marking 

requirement for packages containing a 

limited quantity of hazardous material. 

The mark consists of the identification 

number of the material placed within a 

square-on-point border. The marking is 

anticipated to become effective January 

1, 2009. Except for transportation by 

aircraft, this marking is currently 

authorized under the HMR as an 

alternative to marking the proper 

shipping name on the package; we are 

allowing continued use of this marking 

to minimize transportation costs and 

provide flexibility. 

III. Section-by-Section Review 

Part 171 

Section 171.7 

Section 171.7 lists the standards 

incorporated by reference into the HMR. 

We are updating the incorporation by 

reference materials for the ICAO 

Technical Instructions, the IMDG Code, 

the UN Recommendations and the UN 

Manual of Tests and Criteria. The 

updated editions of these standards 

become effective January 1, 2007. We 

did not receive comments opposing 

these incorporations by reference; 

therefore the standards are updated as 

follows: 

• The ICAO Technical Instructions, 

2007–2008 Edition. 

• The IMDG Code, Amendment 33–

06. 

• The UN Recommendations, 

Fourteenth revised edition. 

• The UN Manual of Tests and 

Criteria, Fourth revised edition (2003), 

and Addendum 2 (2004). 

Section 171.14 

This section lists specific transition 

periods for certain provisions adopted 

into the HMR. Comments pertaining to 

transition periods are discussed below. 

Paragraph (b) lists transitional 

provisions related to revised placarding 

requirements. In this final rule, we are 

removing paragraph (b) because the 

transition period has expired. 

Paragraph (d) of this section specifies 

transitional provisions for previously 

adopted amendments intended to 

harmonize the HMR with international 

standards. We are revising this 

paragraph to provide specific 

transitional provisions for certain 

amendments in this final rule. The 

effective date of this final rule is January 

1, 2007, and the mandatory compliance 

date is January 1, 2008. We are 

permitting voluntary compliance as of 

January 1, 2007, to correspond with the 

effective implementation dates of the 

2007–2008 ICAO Technical Instructions 

and Amendment 33–06 of the IMDG 

Code. This authorization allows 

shippers to prepare their international 

shipments in accordance with 

international standards that will become 

effective on January 1, 2007. 

Paragraph (e) of this section contains 

an outdated transitional provision. In 

this final rule, we are replacing the 

outdated transitional provision with a 

new paragraph (e) that permits use for 

domestic shipments of the shipping 

description sequences in effect on 

December 31, 2006, until January 1, 

2013. See the § 172.202 preamble 

discussion for a complete explanation of 

the shipping description sequence issue. 

Paragraph (f) of this section contains 

an outdated transitional provision. We 

are revising paragraph (f) by removing 

the current provision and adding a 

transitional provision to allow 

continued display of Division 5.2 labels 

and placards conforming to the 

specifications in effect on December 31, 

2006, until January 1, 2014 for 

transportation by highway and until 

January 1, 2011 for transportation by 

rail, vessel or aircraft. See the 

§§ 172.407, 172.427 and 172.552 

preamble discussions for a complete 

explanation of this issue. 

In new paragraph (g), we are allowing 

continued use of the Class 3 and 

Division 6.1 classification criteria and 

packing group assignments in effect on 

December 31, 2006, until January 1, 

2012. See §§ 173.120 and 174.133 

preamble discussions for a complete 

explanation of this issue. 

Part 172 

Section 172.101 

Section 172.101 contains the 

Hazardous Materials Table (HMT) and 

explanations for each of the columns in 

the HMT. Paragraph (d) of this section 

addresses column 3 of the HMT 

containing the hazard class or division 

for each specific material listed in the 

HMT. Paragraph (d)(4) addresses entries 

classed as combustible liquids. In the 

NPRM, we proposed to revise paragraph 

(d)(4) to revise the lower limit for 

classing a material as a combustible 

liquid from 60.5 °C (141 °F) to 60 °C 

(140 °F). This is consistent with recent 

changes to the classification of 

flammable liquids based on the 

adoption of the GHS within the UN 

Recommendations. We did not receive 

comments opposing this proposal; 

therefore, it is adopted in this final rule. 

The § 172.101 Hazardous Materials 

Table (HMT) 

In this final rule, we are making 

various amendments to the § 172.101 

Hazardous Materials Table (HMT). 

Readers should review all changes for a 

complete understanding of the Table 

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, will appear as a 

‘‘remove’’ and ‘‘add.’’ We did not 

receive comments opposing the changes 

to the HMT proposed in the NPRM. 

Therefore, in this final rule we are 

adopting the following amendments to 

the HMT for the purpose of harmonizing 

with international standards: 

1. We are correcting Column (7) 

Special provisions of the HMT by 

removing Special Provision 101 which 

requires the name of the particular 

substance or article to be specified. With 

the introduction of the letter ‘‘G’’ for 

these materials in Column (1), requiring 

the n.o.s. and generic proper shipping 

names to be supplemented with the 

technical name of the hazardous 

material, Special Provision 101 becomes 

obsolete and duplicative. The affected 

entries are as follows: 

UN0349 Articles, explosive, n.o.s. 

UN0350 Articles, explosive, n.o.s. 

UN0351 Articles, explosive, n.o.s. 

UN0352 Articles, explosive, n.o.s. 

UN0353 Articles, explosive, n.o.s. 

UN0354 Articles, explosive, n.o.s. 

UN0355 Articles, explosive, n.o.s. 

UN0356 Articles, explosive, n.o.s. 

UN0462 Articles, explosive, n.o.s. 

UN0463 Articles, explosive, n.o.s. 

UN0464 Articles, explosive, n.o.s. 

UN0465 Articles, explosive, n.o.s. 

UN0466 Articles, explosive, n.o.s. 

UN0467 Articles, explosive, n.o.s. 

UN0468 Articles, explosive, n.o.s. 

UN0469 Articles, explosive, n.o.s. 

UN0470 Articles, explosive, n.o.s. 

UN0471 Articles, explosive, n.o.s. 

UN0472 Articles, explosive, n.o.s. 

UN0382 Components, explosive train, n.o.s. 

UN0383 Components, explosive train, n.o.s. 

UN0384 Components, explosive train, n.o.s. 

UN0461 Components, explosive train, n.o.s. 

UN0357 Substances, explosive, n.o.s. 

UN0358 Substances, explosive, n.o.s. 

UN0359 Substances, explosive, n.o.s. 

UN0473 Substances, explosive, n.o.s. 

UN0474 Substances, explosive, n.o.s. 

UN0475 Substances, explosive, n.o.s. 

UN0476 Substances, explosive, n.o.s. 

UN0477 Substances, explosive, n.o.s. 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78599 

UN0478 Substances, explosive, n.o.s. 

UN0479 Substances, explosive, n.o.s. 

UN0480 Substances, explosive, n.o.s. 

UN0481 Substances, explosive, n.o.s. 

UN0485 Substances, explosive, n.o.s. 

UN0482 Substances, explosive, very 

insensitive, n.o.s. or Substances, EVI, n.o.s. 

2. Amendment 32 of the IMDG Code 

added a new segregation group for 

alkalis. For consistency with 

international regulations and in 

response to a petition from Horizon 

Lines (P–1470), we are revising the 

Vessel stowage provisions in Column 

(10B) by adding Segregation Code ‘‘52’’

(Stow ‘‘Separated from’’ acids) to certain 

entries. The affected entries are as 

follows: 

UN2733 Amines, flammable, corrosive, 

n.o.s. or Polyamines, flammable, corrosive, 

n.o.s. 

UN2671 Aminopyridines (o-; m-; p-) 

UN1005 Ammonia, anhydrous 

UN3318 Ammonia solution, relative density 

less than 0.880 at 15 degrees C in water, 

with more than 50 percent ammonia 

UN2672 Ammonia solutions, relative 

density between 0.880 and 0.957 at 15 

degrees C in water, with more than 10 

percent but not more than 35 percent 

ammonia 

UN2073 Ammonia solutions, relative 

density less than 0.880 at 15 degrees C in 

water, with more than 35 percent but not 

more than 50 percent ammonia 

UN3028 Batteries, dry, containing 

potassium hydroxide solid, electric, 

storage 

UN2795 Batteries, wet, filled with alkali, 

electric storage 

UN2797 Battery fluid, alkali 

UN2682 Caesium hydroxide 

UN2681 Caesium hydroxide solution 

UN1719 Caustic alkali liquids, n.o.s. 

UN1160 Dimethylamine solution 

UN2379 1, 3-Dimethylbutylamine 

UN2382 Dimethylhydrazine, symmetrical 

UN1163 Dimethylhydrazine, 

unsymmetrical 

UN3253 Disodium trioxosilicate 

UN2491 Ethanolamine or Ethanolamine 

solutions 

UN2270 Ethylamine, aqueous solution with 

not less than 50 percent but not more than 

70 percent ethylamine 

UN1604 Ethylenediamine 

UN2386 1-Ethylpiperidine 

UN2029 Hydrazine, anhydrous 

UN3293 Hydrazine, aqueous solution, with 

not more than 37 percent hydrazine, by 

mass 

UN2030 Hydrazine, aqueous solution, with 

more than 37 percent hydrazine, by mass 

UN2680 Lithium hydroxide 

UN2679 Lithium hydroxide, solution 

UN1235 Methylamine, aqueous solution 

UN1244 Methylhydrazine 

UN2399 1-Methylpiperidine 

UN1813 Potassium hydroxide, solid 

UN1814 Potassium hydroxide, solution 

UN2033 Potassium monoxide 

UN1922 Pyrrolidine 

UN2678 Rubidium hydroxide 

UN2677 Rubidium hydroxide solution 

UN1907 Soda lime with more than 4 

percent sodium hydroxide 

UN1819 Sodium aluminate, solution 

UN2318 Sodium hydrosulfide, with less 

than 25 percent water of crystallization 

UN1823 Sodium hydroxide, solid 

UN1824 Sodium hydroxide solution 

UN1825 Sodium monoxide 

UN1849 Sodium sulfide, hydrated with not 

less than 30 percent water 

UN2320 Tetraethylenepentamine 

UN3073 Vinylpyridines, stabilized 

3. The entry ‘‘Aerosols, nonflammable, (each not exceeding 1 L 

capacity),’’ UN1950, is revised by 

adding vessel storage location code ‘‘A’’

in Column (10A). This code was 

inadvertently removed in a final rule 

published September 23, 2005 under 

Docket HM–189Y (70 FR 56084). 

4. The entry ‘‘Antimony trichloride, 

solid,’’ UN1733, PG II, is revised by 

adding Special Provisions T3 and TP33. 

Special Provision T3 specifies the 

applicable minimum test pressure, the 

minimum shell thickness, bottom 

opening requirements and pressure 

relief requirements when transporting 

this material in a UN portable tank. 

Special Provision TP33 specifies 

requirements applicable to the 

transportation of this material in IM and 

UN Specification portable tanks. 

5. The entry, ‘‘Articles, explosive, 

extremely insensitive or Articles, EEI,’’

UN0486, is revised by removing Special 

Provision 101 which requires the name 

of the particular substance or article to 

be specified. 

6. The entry ‘‘Benzyl bromide,’’

UN1737, PG II, is revised by removing 

the reference to § 173.153 ‘‘Exceptions 

for Division 6.1 (poisonous materials)’’

in Column (8A). 

7. The entry ‘‘Benzyl chloride,’’

UN1738, PG II, is revised by removing 

the reference to § 173.153 ‘‘Exceptions 

for Division 6.1 (poisonous materials)’’

in Column (8A). 

7a. The entry ‘‘Calcium hypochlorite, 

hydrated or Calcium hypochlorite, 

hydrated mixtures,’’ UN2880, PG II, is 

revised by removing Special Provision 

166. 

8. In accordance with changes in the 

Fourteenth revised edition of the UN 

Recommendations, we are removing the 

following entries: 

—‘‘Carbon dioxide and nitrous oxide 

mixtures,’’ UN1015; 

—‘‘Carbon dioxide and oxygen 

mixtures, compressed,’’ UN1014; and 

—‘‘Carbon monoxide and hydrogen 

mixture, compressed,’’ UN2600. 

9. The entry, ‘‘Charges, shaped, 

flexible, linear,’’ UN0288, is revised by 

removing Special Provision 101, which 

requires the name of the particular 

substance or article to be specified. 

10. The entry ‘‘Chlorosilanes, 

corrosive, n.o.s.,’’ UN2987, PG II, is 

revised by removing the reference to 

§ 173.154 ‘‘Exceptions for Class 8 

(corrosive materials)’’ in Column (8A). 

11. The entry ‘‘Chlorosilanes, 

flammable, corrosive, n.o.s.,’’ UN2985, 

PG II, is revised by removing the 

reference to § 173.150 ‘‘Exceptions for 

Class 3 (flammable) and combustible 

liquids’’ in Column (8A). 

12. The entry ‘‘Chlorosilanes, toxic, 

corrosive, n.o.s.,’’ UN3361, PG II, is 

revised by removing the reference to 

§ 173.153 ‘‘Exceptions for Division 6.1 

(poisonous materials)’’ in Column (8A). 

13. The entry ‘‘Chlorosilanes, toxic, 

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

PG II, is revised by removing the 

reference to § 173.153 ‘‘Exceptions for 

Division 6.1 (poisonous materials)’’ in 

Column (8A). 

14. The entry ‘‘Chromium trioxide, 

anhydrous,’’ UN1463, Column (6) is 

revised by adding the Division 6.1 

subsidiary hazard labeling requirement. 

15. The entry ‘‘Compressed gas, 

n.o.s.,’’ UN1956, is revised by adding 

Special Provision 77. Special Provision 

77 requires, for domestic transportation, 

a Division 5.1 subsidiary risk label 

when a carbon dioxide and oxygen 

mixture contains more than 23.5% 

oxygen. 

16. The entry, ‘‘Contrivances, wateractivated, with burster, expelling charge 

or propelling charge,’’ UN0248, is 

revised by removing Special Provision 

101, which requires the name of the 

particular substance or article to be 

specified. In addition, the letter ‘‘G’’ is 

added to Column (1), requiring the 

proper shipping name to be 

supplemented with the technical name 

of the hazardous material. 

17. The entry, ‘‘Contrivances, wateractivated, with burster, expelling charge 

or propelling charge,’’ UN0249, is 

revised by removing Special Provision 

101, which requires the name of the 

particular substance or article to be 

specified. In addition, the letter ‘‘G’’ is 

added to Column (1), requiring the 

proper shipping name to be 

supplemented with the technical name 

of the hazardous material. 

18. The entry ‘‘Corrosive liquid, 

acidic, inorganic, n.o.s.,’’ UN3264, PG II, 

is revised by removing Special 

Provision A6. Special Provision A6 

specifies that for combination 

packagings, if plastic inner packagings 

are used, they must be packed in tightly 

closed metal receptacles before packing 

in outer packagings. Special Provision 

A6 applies only to the PG I entry of this 

material. 

19. The proper shipping name for the 

entry ‘‘Crotonaldehyde, stabilized,’’


pwalker on PROD1PC60 with RULES4
78600 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

UN1143, is revised to read 

‘‘Crotonaldehyde or Crotonaldehyde, 

stabilized’’ and to add new Special 

Provision 175. New Special Provision 

175 specifies this material is required to 

be stabilized when in concentrations of 

not more than 99%. The revision 

appears as a ‘‘Remove/Add’’ in this 

rulemaking. 

20. The proper shipping name for the 

entry ‘‘Crotonic acid, liquid,’’ UN2823, 

is corrected to read ‘‘Crotonic acid, 

liquid’’ and the Identification Number is 

revised to read ‘‘UN3472.’’ This revision 

appears as a ‘‘Remove/Add’’ in this 

rulemaking. 

21. The proper shipping name for the 

entry ‘‘Crotonic acid, solid,’’ UN2823, is 

corrected to read ‘‘Crotonic acid, solid,’’

UN2823. This correction appears as a 

‘‘Remove/Add’’ in this rulemaking. 

22. In accordance with the ICAO 

Technical Instructions, the entry 

‘‘Dangerous Goods in Machinery or 

Dangerous Goods in Apparatus,’’

UN3363, is revised by adding quantity 

limits for transportation by aircraft. The 

quantity limits are specified in new 

Special Provision A105. 

23. The entry ‘‘Ethyltrichlorosilane,’’

UN1196, PG II, is revised by removing 

the reference to § 173.150 ‘‘Exceptions 

for Class 3 (flammable) and combustible 

liquids’’ in Column (8A). 

24. The entry ‘‘Formic acid,’’ UN1779, 

is revised to read ‘‘Formic acid with 

more than 85% acid by mass,’’ and the 

Class 3 subsidiary hazard is added in 

Column (6). This revision appears as a 

‘‘Remove/Add’’ in this rulemaking. 

25. A new entry, ‘‘Formic acid with 

not less than 10% but not more than 

85% acid by mass,’’ UN3412, is added. 

26. A new entry, ‘‘Formic acid with 

not less than 5% but less than 10% acid 

by mass,’’ UN3412, is added. 

27. A new entry, ‘‘Fuel cell cartridges 

containing flammable liquids,’’

UN3473, is added. 

28. The entry ‘‘Hydrazine aqueous 

solutions, with more than 37% 

hydrazine, by mass,’’ UN2030, PG I, is 

revised by removing Special Provision 

151. Special Provision 151 specifies that 

if this material meets the definition of 

a flammable liquid in § 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. Changes to 

the Fourteenth revised edition of the UN 

Recommendations removed this 

requirement. Shipping paper and 

labeling requirements for materials with 

subsidiary hazards are addressed in 

§§ 172.202 and 172.402, respectively. 

28a. The entry ‘‘Hydrogen in a metal 

hydride storage system,’’ UN3468, is 

revised by amending Column (9B) to 

authorize 100 kg gross. 

29. The entry ‘‘Hydrogen peroxide 

and peroxyacetic acid mixtures, 

stabilized with acids, water, and not 

more than 5 percent peroxyacetic acid,’’

UN3149, is revised by adding Special 

Provision IP5. When this material is 

transported in an IBC, Special Provision 

IP5 specifies the IBC must have a device 

to allow venting. 

30. The entry ‘‘Hydrogen peroxide, 

aqueous solutions with more than 40 

percent but not more than 60 percent 

hydrogen peroxide (stabilized as 

necessary),’’ UN2014, is revised by 

adding Special Provision IP5. When this 

material is transported in an IBC, 

Special Provision IP5 specifies the IBC 

must have a device to allow venting. 

31. The entry ‘‘Hydrogen peroxide, 

aqueous solutions with not less than 20 

percent but not more than 40 percent 

hydrogen peroxide (stabilized as 

necessary),’’ UN2014, is revised by 

adding Special Provision IP5. When this 

material is transported in an IBC, 

Special Provision IP5 specifies the IBC 

must have a device to allow venting. 

32. The entry ‘‘Hydrogen peroxide, 

aqueous solutions with not less than 8 

percent but less than 20 percent 

hydrogen peroxide (stabilized as 

necessary),’’ UN2984, is revised by 

adding Special Provision IP5. When this 

material is transported in an IBC, 

Special Provision IP5 specifies the IBC 

must have a device to allow venting. 

33. The entry ‘‘Hydrogen peroxide, 

stabilized or Hydrogen peroxide 

aqueous solutions, stabilized with more 

than 60 percent hydrogen peroxide,’’

UN2015, is revised by removing Special 

Provision T10 and adding Special 

Provision T9. When this material is 

transported in a UN portable tank, 

Special Provision T10 requires the UN 

portable tank pressure relief device to 

comply with the requirements specified 

in § 178.275(g)(3) of the HMR. The 

addition of Special Provision T9 

removes this requirement. 

34. For the entry ‘‘Hydrogendifluorides, n.o.s.,’’ UN1740, PG II and 

III, the proper shipping name is revised 

to read ‘‘Hydrogendifluorides, solid, 

n.o.s.’’ This revision appears as a 

‘‘Remove/Add’’ in this rulemaking. 

35. A new entry 

‘‘Hydrogendifluorides, solution, n.o.s.,’’

UN3471, PG II and III, is added. 

36. The entry ‘‘Hydroquinone, solid,’’

UN2662, is removed. 

37. The entry ‘‘Hydroquinone 

solution,’’ UN3435, is removed. 

38. The entry ‘‘Hypochlorite 

solutions,’’ UN1791, PG II, is revised by 

adding Special Provision IP5. When this 

material is transported in an IBC, 

Special Provision IP5 specifies the IBC 

must have a device to allow venting. 

39. For the entry ‘‘Lead phosphite, 

dibasic,’’ UN2989, PG II, the quantity 

limitations in Columns (9A) and (9B) 

are revised to read 15 kg and 50 kg, 

respectively. 

40. For the entry ‘‘Lead phosphite, 

dibasic,’’ UN2989, PG III, the quantity 

limitations in Columns (9A) and (9B) 

are revised to read 25 kg and 100 kg, 

respectively. 

41. The entry ‘‘Methylphenyl 

dichlorosilane,’’ UN2437, PG II, is 

revised by removing the reference to 

§ 173.154 ‘‘Exceptions for Class 8 

(corrosive materials)’’ in Column (8A). 

42. The entry ‘‘Motor fuel anti-knock 

mixtures,’’ UN1649, is corrected by 

removing the subsidiary hazard label 

requirement in Column (6). 

42a. A new entry ‘‘Nitric acid other 

than red fuming, with not more than 20 

percent nitric acid,’’ UN2031, PG II, is 

added. 

42b. The entry ‘‘Organoarsenic 

compound, liquid, n.o.s.,’’ UN3280, PG 

I, II, and III, is corrected by inserting the 

symbol ‘‘G’’ in Column (1). 

43. The entry ‘‘Organometallic 

substance, solid, pyrophoric,’’ UN3391, 

PG I, is revised by correcting the 

Column (8B) Non-bulk packaging entry 

‘‘181’’ to read ‘‘187.’’

44. The entry ‘‘Organometallic 

substance, solid, pyrophoric, waterreactive,’’ UN3393, PG I, is revised by 

correcting the Column (8B) Non-bulk 

packaging entry ‘‘181’’ to read ‘‘187.’’

45. A new entry, ‘‘Paint, corrosive, 

flammable (including paint, lacquer, 

enamel, stain, shellac, varnish, polish, 

liquid filler and liquid lacquer base),’’

UN3470, PG II, is added. 

46. A new entry ‘‘Paint, flammable, 

corrosive (including paint, lacquer, 

enamel, stain, shellac, varnish, polish, 

liquid filler and liquid lacquer base),’’

UN3469, PG I, II, and III, is added. 

47. The entry ‘‘Paint including paint, 

lacquer, enamel, stain, shellac 

solutions, varnish, polish, liquid filler 

and liquid lacquer base,’’ UN1263, is 

revised by adding the following Special 

Provisions to the PG I, II, and III entries, 

respectively: 

—TP27 to specify that when this 

material is transported in an IM or UN 

Specification portable tank, a portable 

tank having a minimum test pressure 

of 4 bar (400 kPa) may be used 

provided the calculated test pressure 

is 4 bar or less based on the maximum 

allowable working pressure of the 

material, as defined in § 178.275 of 

the HMR, where the test pressure is 

1.5 times the maximum allowable 

working pressure. 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78601 

—TP28 to specify that when this 

material is transported in an IM or UN 

Specification portable tank, a portable 

tank having a minimum test pressure 

of 2.65 bar (265 kPa) may be used 

provided the calculated test pressure 

is 2.65 bar or less based on the 

maximum allowable working pressure 

of the material, as defined in 

§ 178.275 of the HMR, where the test 

pressure is 1.5 times the maximum 

allowable working pressure. 

—TP29 to specify that when this 

material is transported in an IM or UN 

Specification portable tank, a portable 

tank having a minimum test pressure 

of 1.5 bar (150.0 kPa) may be used 

provided the calculated test pressure 

is 1.5 bar or less based on the 

maximum allowable working pressure 

of the material, as defined in 

§ 178.275 of the HMR, where the test 

pressure is 1.5 times the maximum 

allowable working pressure. 

48. The entry ‘‘Paint or Paint related 

materials,’’ UN3066, is revised by 

adding the following Special Provisions 

to the PG II and III entries, respectively: 

—TP28 to specify that when this 

material is transported in an IM or UN 

Specification portable tank, a portable 

tank having a minimum test pressure 

of 2.65 bar (265 kPa) may be used 

provided the calculated test pressure 

is 2.65 bar or less based on the 

maximum allowable working pressure 

of the material, as defined in 

§ 178.275 of the HMR, where the test 

pressure is 1.5 times the maximum 

allowable working pressure. 

—TP29 to specify that when this 

material is transported in an IM or UN 

Specification portable tank, a portable 

tank having a minimum test pressure 

of 1.5 bar (150.0 kPa) may be used 

provided the calculated test pressure 

is 1.5 bar or less based on the 

maximum allowable working pressure 

of the material, as defined in 

§ 178.275 of the HMR, where the test 

pressure is 1.5 times the maximum 

allowable working pressure. 

49. A new entry, ‘‘Paint related 

material, corrosive, flammable 

(including paint thinning or reducing 

compound),’’ UN3470, PG II, is added. 

50. A new entry, ‘‘Paint related 

material, flammable, corrosive 

(including paint thinning or reducing 

compound),’’ UN3469, PG I, II, and III 

is added. 

51. The entry ‘‘Paint related material 

including paint thinning, drying, 

removing, or reducing compound,’’

UN1263, is revised by adding the 

following Special Provisions to the PG 

I, II, and III entries, respectively: 

—TP27 to specify that when this 

material is transported in an IM or UN 

Specification portable tank, a portable 

tank having a minimum test pressure 

of 4 bar (400 kPa) may be used 

provided the calculated test pressure 

is 4 bar or less based on the maximum 

allowable working pressure of the 

material, as defined in § 178.275 of 

the HMR, where the test pressure is 

1.5 times the maximum allowable 

working pressure. 

—TP28 to specify that when this 

material is transported in an IM or UN 

Specification portable tank, a portable 

tank having a minimum test pressure 

of 2.65 bar (265 kPa) may be used 

provided the calculated test pressure 

is 2.65 bar or less based on the 

maximum allowable working pressure 

of the material, as defined in 

§ 178.275 of the HMR, where the test 

pressure is 1.5 times the maximum 

allowable working pressure. 

—TP29 to specify that when this 

material is transported in an IM or UN 

Specification portable tank, a portable 

tank having a minimum test pressure 

of 1.5 bar (150.0 kPa) may be used 

provided the calculated test pressure 

is 1.5 bar or less based on the 

maximum allowable working pressure 

of the material, as defined in 

§ 178.275 of the HMR, where the test 

pressure is 1.5 times the maximum 

allowable working pressure. 

52. The entry ‘‘Plastic molding 

compound in dough, sheet or extruded 

rope form evolving flammable vapor, 

UN3314, PG III, is revised by removing 

Vessel stowage location A and adding 

location E in Column (10A), and by 

removing Vessel stowage provision 85 

and adding Vessel stowage provisions 

19, 21, 25 and new Vessel stowage 

provision 144 in Column (10B). 

53. The entry ‘‘Polymeric beads, 

expandable, evolving flammable vapor, 

UN2211, PG III, is revised by removing 

stowage location A and adding location 

E in Column (10A), and by removing 

Vessel stowage provision 85 and adding 

Vessel stowage provisions 19, 21, 25 

and new Vessel stowage provision 144 

in Column (10B). 

54. For the entry ‘‘Propionic acid,’’

UN1848, the proper shipping name is 

revised to read, ‘‘Propionic acid with not 

less than 10% and less than 90% acid 

by mass.’’ This revision appears as a 

‘‘Remove/Add’’ in this rulemaking. 

55. A new entry, ‘‘Propionic acid with 

not less than 90% acid by mass,’’

UN3463, is added. 

56. The entry ‘‘Rare gases mixtures, 

compressed,’’ UN1979, is removed. 

57. The entry ‘‘Rare gases and oxygen 

mixtures, compressed,’’ UN1980, is 

removed. 

58. The entry ‘‘Rare gases and 

nitrogen mixtures, compressed,’’

UN1981, is removed. 

59. The proper shipping name 

‘‘Regulated medical waste,’’ UN3291, is 

removed and a new proper shipping 

name ‘‘Regulated medical waste, n.o.s. 

or Clinical waste unspecified, n.o.s. or 

(BIO) Medical waste, n.o.s.,’’ UN3291, is 

added in its place. 

60. For the international entry for 

‘‘Sulfur,’’ UN1350, the quantity 

limitations in Columns (9A) and (9B) 

are revised to read 25 kg and 100 kg, 

respectively. 

61. The entry ‘‘Trimethylchlorosilane,’’ UN1298, PG II, is revised by 

removing the reference to § 173.150 

‘‘Exceptions for Class 3 (flammable) and 

combustible liquids’’ in Column (8A). 

Also, see § 172.102 for additional 

HMT amendments. 

Appendix B to § 172.101 

Appendix B to § 172.101 lists Marine 

Pollutants regulated under the HMR. For the 

entry ‘‘Copper chloride’’ we are adding the 

designation ‘‘PP’’ to indicate that copper 

chloride is a severe marine pollutant. We are 

also correcting an oversight by removing the 

entries ‘‘Alcohol C–13—C–15 poly (1–6) 

ethoxylate’’ and ‘‘1,2-Dichlorobenzene.’’

Removal of the entry ‘‘Alcohol C–13—C–15 

poly (1–6) ethoxylate’’ was overlooked in a 

final rule published December 20, 2004 

under Docket HM–215G (69 FR 76044) and 

removal of the entry ‘‘1,2-Dichlorobenzene’’

was overlooked in a final rule published June 

21, 2001 under Docket HM–215D (66 FR 

33316). 

Section 172.102 

Section 172.102 lists a number of 

special provisions applicable to the 

transportation of specific hazardous 

materials. Special provisions contain 

packaging provisions, prohibitions, and 

exceptions applicable to particular 

quantities or forms of hazardous 

materials. We did not receive comments 

opposing the revisions proposed in the 

NPRM; therefore, in this final rule for 

consistency with international 

standards, we are amending § 172.102 

Special provisions, as follows: 

• Special Provision 15 specifies the 

types of materials and packaging 

requirements for chemical kits and first 

aid kits. We are revising Special 

Provision 15 to list examples that may 

be described as ‘‘Chemical kits’’ and 

‘‘First aid kits.’’

• Special Provision 47 specifies 

requirements for mixtures of nonhazardous solids and flammable liquids. 

In accordance with the UN 

Recommendations, Special Provision 47 

is revised to specify that, in addition to 

sealed packets, articles containing less 

than 10 mL of a Class 3 Packing Group 


pwalker on PROD1PC60 with RULES4
78602 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

II or III liquid absorbed into a solid 

material are excepted from the HMR 

provided there is no free liquid in the 

packet or article. 

• Special Provision 77 applies to use 

of the Division 5.1 subsidiary risk label. 

We are revising this special provision 

for consistency with the wording in the 

UN Recommendations. As a result, 

Special Provision 77 will no longer 

apply only to ‘‘domestic 

transportation.’’ Further, we are 

clarifying that a Division 5.1 label is not 

required for mixtures containing not 

more than 23.5% oxygen by volume. 

Also, the provision is assigned to the 

entry ‘‘Compressed gas, n.o.s.,’’

UN1956, which is the most appropriate 

description for mixtures currently 

described as ‘‘Carbon dioxide and 

oxygen mixtures, compressed.’’ In this 

final rule, we are removing the entry for 

‘‘Carbon dioxide and oxygen mixtures, 

compressed.’’

• Special Provision 146 is amended 

to authorize the domestic classification 

of a material as environmentally 

hazardous if it is designated as such by 

a foreign competent authority. The 

provision as currently worded only 

allows such classification for 

international shipments. Due to current 

differences in criteria for the 

classification of environmentally 

substances world-wide, we believe the 

amended provision will afford 

additional flexibility to industry and 

reduce shipping costs by allowing both 

domestic and international shipments to 

be treated identically. Although 

generally the HMR do not authorize 

materials not meeting the definition of 

a hazardous material to be transported 

as regulated materials, due to the low 

risk posed by these materials, and the 

fact that the HMR already authorize 

domestic movement in association with 

international air and vessel transport, 

we believe this change will not result in 

a significant impact other than to lower 

costs for our stakeholders. 

• Special Provision 147 applies to 

non-sensitized emulsions, suspensions 

and gels consisting primarily of a 

mixture of ammonium nitrate and fuel, 

intended to produce a Type E blasting 

explosive only after further processing 

prior to use. In accordance with the UN 

Recommendations, this special 

provision is revised to specify the 

composition of mixtures for suspensions 

and gels and to specify these substances 

be tested in accordance with Test Series 

8 of the UN Manual of Tests and 

Criteria. 

• Special Provision 166 authorizes 

non-friable, tablet form calcium 

hypochlorite, dry or hydrated, to be 

transported as a Packing Group III 

material. In accordance with the UN 

Recommendations, we are revising 

Special Provision 166 to remove the 

authorization for ‘‘hydrated’’ non-friable 

tablet forms of calcium hypochlorite to 

be transported as a PG III material. 

• A new Special Provision 175 is 

added to require stabilization for certain 

substances when transported in 

concentrations of not more than 99%. 

• Special Provision 101 is removed. 

This special provision required the 

name of the particular substance or 

article to be specified. With the 

introduction of the letter ‘‘G’’ in Column 

(1), which requires the n.o.s. and 

generic proper shipping names to be 

supplemented with the technical name 

of the hazardous material, Special 

Provision 101 became obsolete. 

• A new Special Provision A105 is 

added to specify the quantity of 

hazardous materials allowed in 

equipment or apparatus. 

Section 172.202 

Shipping Description Sequence 

Section 172.202 establishes 

requirements for shipping descriptions 

on shipping papers. Currently, the basic 

description of a hazardous material 

consists of the proper shipping name, 

hazard class, ID number and packing 

group, in that order. The HMR also 

authorize an alternative description 

sequence, which lists the identification 

number first, followed by the proper 

shipping name, hazard class, and 

packing group. Beginning January 1, 

2007, the alternative shipping 

description sequence will be mandatory 

on shipping documents prepared in 

accordance with the ICAO Technical 

Instructions and the IMDG Code. In the 

NPRM, we proposed to adopt the 

current, alternative shipping description 

sequence as the mandatory basic 

description of a hazardous material on 

a shipping paper. We also proposed a 

two-year transition period to allow 

offerors adequate time to convert to the 

new shipping description sequence. 

A total of 19 commenters addressed 

this proposal. Eight commenters [NPCA, 

AP&C, ATA, GPS, LabCorp, NTTC, UPS, 

and VHOMA] support the proposal. 

NPCA notes that many of its members 

have already implemented this change 

to simplify internal shipping processes. 

Eleven commenters [Adamo; 

AllChem; Botteri; Eisenhofer; ISSA, J&S; 

NACD; NATC; RST; and two 

unidentified commenters] oppose this 

proposal, suggesting that the change is 

not necessary, lacks an economic 

justification, and will have a negative 

impact on safety. These commenters 

note that, because the current 

regulations allow the international 

sequence as an alternative, the proposed 

change merely removes the existing 

sequence with no positive safety 

rationale. These commenters further 

assert that the proposed change could 

result in significant cost impacts to 

companies that utilize computer 

systems for the preparation of shipping 

documents and to track associated 

packaging and training requirements. 

According to these commenters, 

potential costs could include database 

reorganization, employee training, and 

related revisions to product labels that 

also include shipping information. 

Commenters suggest that costs could 

also result from confusion on the part of 

enforcement and inspection personnel 

that could lengthen inspections and 

delay shipments. These commenters are 

also concerned that the proposed 

revision could have a negative impact 

on safety because it could result in 

confusion for emergency response 

personnel, most of whom are volunteers 

and receive limited training. 

Commenters note that confusing 

emergency response information could 

expose emergency responders to 

unnecessary danger. 

PHMSA does not believe this 

proposal is unnecessary or will 

adversely impact transportation safety. 

A uniform system for describing and 

identifying hazardous materials on 

shipping papers, as proposed in this 

NPRM, will increase safety by helping 

to eliminate potential indecision and 

confusion during emergency situations. 

For example, when incidents occur 

during transportation, it is crucial to 

promptly identify packages of 

hazardous materials present in a given 

shipment. Emergency responders at the 

scene of an incident would use a 

standard description of hazardous 

materials on shipping papers to quickly 

determine that they have accounted for 

all hazardous materials in both 

domestically- and internationally-bound 

packages. In addition, following the 

release of a hazardous material, it is 

vital for emergency responders to 

quickly identify the hazardous materials 

to facilitate their emergency response 

decision-making. A standardized 

shipping description for both domestic 

and international shipments will aid in 

this process and will lead to a potential 

reduction in the loss of life and 

property. 

PHMSA analyzes potential cost 

impacts of proposed regulations on the 

regulated community. Our justification 

regarding this proposal in the 

Regulatory Evaluation is located under 

the Docket Management System (http:// 

dms.dot.gov). In the Regulatory 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78603 

Evaluation, we determined that this 

NPRM, including this specific proposal, 

should result in cost savings by easing 

the regulatory compliance burden for 

shippers and carriers engaged in 

international commerce, including 

trans-border shipments within North 

America. In addition, shippers and 

carriers will not need to revise shipping 

papers to address differing domestic and 

international requirements for shipping 

descriptions. We acknowledge the 

proposal to require one basic 

description of a hazardous material on 

a shipping paper will necessitate 

additional training and software 

revisions. However, to allow for the 

training of hazmat employees and to 

ease the minimal burden on entities 

affected by the adoption of the proposed 

amendments, we are authorizing an 

extended transition period. An extended 

transition period will allow businesses 

to incorporate this requirement into 

their training material for both new and 

current hazardous materials employees, 

and to upgrade system software over the 

course of normal computer upgrades 

and revisions with a minimal economic 

impact. 

The NPRM proposed a two-year 

transition period to allow shippers 

sufficient time to convert to the new 

shipping description sequence. Three 

commenters [NTTC, ATA, and VOHMA] 

suggest the proposed transition period is 

unnecessary and recommend a one-year 

transition. These commenters state that 

the industry is able to alter current 

software systems and deplete preprinted shipping paper inventory within 

a relatively short time period. VOHMA 

asserts lengthy transition periods create 

confusion and increased training 

burdens. Six commenters [ATA; GPS; 

LabCorp; NTTC; UPS; VOHMA] state 

that the proposed transition period is 

too short, recommending up to six years 

to permit shippers to convert to the new 

sequence. These commenters suggest a 

longer transition period would allow the 

new shipping sequence to be 

incorporated into responder training 

programs and the next revision of the 

Emergency Response Guidebook (ERG). 

The ERG lists hazardous materials in 

numerical order of ID number and in 

alphabetical order of material name. 

We understand commenters’ concerns 

regarding the length of the transition 

period for this proposal. However, it is 

our intention to specify a uniform 

method to describe a hazardous material 

on a shipping paper in order to promote 

the universal recognition of hazardous 

materials, while allowing sufficient time 

for affected parties to properly train 

personnel, reconfigure internal 

computer systems, and deplete existing 

stock. We do not believe a time period 

less than six years would allow 

businesses to adequately accomplish 

these objectives. Moreover, a six-year 

transition period would allow for the 

incorporation of this requirement into 

the initial and recurrent training cycle 

for hazardous materials employees and 

emergency responders. 

Therefore, for the reasons described 

above, in this final rule, we are adopting 

the requirement that the shipping 

description of a hazardous material be 

indicated on a shipping paper in the 

following manner: Identification (ID) 

number listed first, followed by the 

proper shipping name, hazard class, and 

packing group. In addition, we are 

authorizing a six-year transition period 

to implement this requirement. 

Quantity Limitations 

The description of a hazardous 

material on a shipping paper must 

include the total quantity of hazardous 

material (by mass or volume) covered by 

the description (see § 172.202(a)(5)). The 

majority of quantity limitations set forth 

for transportation by aircraft, in 

Columns (9A) and (9B), are ‘‘net’’

quantities. Section 175.75 limits the 

quantity of hazardous materials, 

expressed in net mass, aboard an 

aircraft. To facilitate compliance with 

the aircraft operator’s requirements, in 

the NPRM we proposed that, for 

transportation by aircraft, the total 

quantity per package be shown, 

expressed as net mass, except as 

otherwise specified. For example: 

UN1263, Paint, 3, PG II, 5 fiberboard 

boxes x 5 L each 

As proposed, different size packages 

containing different quantities of the 

same hazardous material must be clearly 

identified. For example: 

UN1263, Paint, 3, PG II, 5 fiberboard 

boxes x 5 L, 6 fiberboard boxes x 10 L 

As proposed, where the letter ‘‘G’’

follows the quantity in Column (9A) or 

(9B), the gross mass rather than the net 

quantity must be indicated. 

A commenter [DGAC] opposes the 

proposal to require the quantity of a 

hazardous materials shipment by 

aircraft to be expressed as a net quantity 

per package. The commenter questions 

the safety benefit of adopting the 

requirement and states that the costs to 

industry associated with the change, 

such as computer software upgrades, 

may be substantial. The commenter did 

not provide data to support this 

argument. We disagree that there is no 

safety benefit in expressing the quantity 

of hazardous material in terms of ‘‘net 

quantity’’ for air shipments. Quantity 

limitations aboard aircraft, as prescribed 

in § 175.75, are specified in the HMR as 

net quantities; thus, an indication of the 

net quantity per package on shipping 

papers facilitates load planning and 

compliance. We do not believe the cost 

of indicating net quantity rather than 

total quantity, as previously required, is 

increased substantially. Therefore, in 

this final rule, we are adopting the 

amendment as proposed. 

In the NPRM, we also proposed the 

following additional requirements: 

—For empty uncleaned packaging, only 

the number and type of packaging 

must be shown; 

—For chemical kits and first aid kits, 

the total net mass of hazardous 

materials must be shown. Where a kit 

contains solids and/or liquids, the net 

mass of liquids within the kit is to be 

calculated on a 1 to 1 basis, i.e., 1 liter 

equals 1 kilogram; 

—For dangerous goods in machinery or 

apparatus, the individual total 

quantities of dangerous goods in 

solid, liquid or gaseous state, 

contained in the article must be 

shown; 

—For dangerous goods transported in a 

salvage packaging, an estimate of the 

quantity of dangerous goods per 

package must be shown; 

—For cylinders, the total quantity may 

be indicated by the number of 

cylinders, for example, ‘‘10 

cylinders;’’

—For items where ‘‘No Limit’’ is shown 

in Column (9A) or (9B) of the HMT, 

the quantity shown should be the net 

mass or volume of the material, 

except for UN2800, UN2807, UN3072, 

UN3166 and UN3173, where the 

quantity should be the gross mass of 

the article. 

On the proposal to identify the total 

quantity of each hazardous material in 

machinery or apparatus, a commenter 

[UPS] states that the ‘‘precision implied 

in this proposal is unrealistic.’’ UPS 

suggests that, absent a precise quantity, 

a shipper should be permitted to 

estimate the quantity of hazardous 

material. We agree and are amending 

paragraph (a)(6)(iii) accordingly. 

Another commenter [Laude] requests 

we include net quantity provisions for 

Class 7 materials transported by aircraft. 

Similar provisions for transportation by 

other modes are contained in paragraph 

(a)(5). We agree with the commenter and 

are amending paragraph (a)(6) 

accordingly. 

The same commenter points out that 

in proposed paragraph (a)(6)(vi) ID 

numbers UN2807 and UN3173 do not 

exist in the HMT; (ID number UN2807 

is assigned to ‘‘magnetized material’’ in 

the ICAO Technical Instructions). We 

are removing UN2807 and UN3173 in 

this final rule. 


pwalker on PROD1PC60 with RULES4
78604 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

Section 172.312 

Section 172.312 addresses marking 

requirements for liquid hazardous 

materials in non-bulk packagings. 

Specifically, the packaging must be 

marked with orientation arrows to 

indicate how the package should be 

oriented during transportation; the 

arrows indicate which end of the 

package is ‘‘up.’’ Currently the HMR 

require orientation markings only on a 

non-bulk combination package with 

inner packagings that contain a liquid 

hazardous material, unless specifically 

excepted. 

We proposed to amend paragraph (a) 

by requiring orientation markings on 

single packagings fitted with vents and 

on open cryogenic receptacles intended 

for the transport of refrigerated liquefied 

gases. We received one comment 

[AP&C] supporting the proposal and, in 

this final rule, are adopting the 

amendment as proposed. 

Also, we proposed to require the size 

of the marking to be proportioned so 

that it is clearly visible in relation to the 

size of the package, and the color of the 

arrows to be either black or red on a 

suitable contrasting background. One 

commenter [AP&C] supports the 

proposal requiring the size of the 

marking to be proportionate with the 

size of the package. Several commenters 

[NATC; Botteri; Eisenhofer; Adamo; 

NACD; J&S; RST; AllChem; UC1; UC2] 

question the meaning of the phrase 

‘‘clearly visible’’ and suggest we specify 

the size of the marking; either by 

requiring the marking to be at least 

equal to the size of the largest package 

marking or, at a minimum, requiring the 

marking to be 1⁄2 inch. We agree with 

commenters that the phrase ‘‘clearly 

visible’’ is vague; however, we disagree 

with specifying the size of the 

orientation marking. The HMR currently 

require non-bulk packages containing 

liquid hazardous materials to be 

‘‘legibly marked’’ with the orientation 

marking. Specifying the size of the 

orientation marking would be 

inconsistent with the general marking 

requirements (proper shipping name 

and identification number) for non-bulk 

packagings which do not specify the 

size of the markings. In this final rule, 

we are removing the phrase ‘‘clearly 

visible’’ and requiring the orientation 

marking to be commensurate with the 

size of the package. 

We also proposed adding a new 

paragraph (c)(7) to except Class 7 

materials in Type A, IP–2, IP–3, Type 

B(U), or Type B(M) packages from the 

orientation marking requirement. We 

received no comments on this proposal 

and are adopting the amendment as 

proposed. 

Sections 172.407 and 172.427 

Section 172.407 establishes 

specifications for package labels. 

Section 172.427 establishes 

requirements for the ORGANIC 

PEROXIDE label. In accordance with the 

UN Recommendations, we proposed to 

revise the ORGANIC PEROXIDE label. 

The revised label would reflect the fact 

that organic peroxides are highly 

flammable and enable transport workers 

to readily distinguish peroxides from 

oxidizers. We also proposed to 

authorize labels meeting the 

specifications in effect on December 31, 

2006, to continue to be displayed until 

January 1, 2011 (see § 171.14). This 

would eliminate the current 

requirement in § 172.402 for a package 

containing an organic peroxide to bear 

a FLAMMABLE LIQUID subsidiary 

label in addition to the ORGANIC 

PEROXIDE primary hazard class label. 

We received no comments opposing 

the proposal to revise the ORGANIC 

PEROXIDE label; therefore, in this final 

rule we are adopting the revisions as 

proposed. 

Section 172.552 

Section 172.552 establishes specific 

requirements for the ORGANIC 

PEROXIDE placard. In accordance with 

the UN Recommendations, in paragraph 

(b), we proposed to revise the ORGANIC 

PEROXIDE placard. The revised placard 

would reflect the fact that organic 

peroxides are highly flammable and 

enable transport workers to readily 

distinguish peroxides from oxidizers. 

We proposed to authorize placards 

meeting the specifications in effect on 

December 31, 2006, to continue to be 

displayed until January 1, 2011 (see 

§ 171.14). 

We received one comment [ATA] 

supporting the revised placard design; 

however, ATA disagrees with the length 

of the proposed transition period. The 

ATA requests a seven-year transition 

period until January 1, 2014. The ATA 

states that trucking companies with 

large fleets use dual metal flip placards 

on each side of the trailer. According to 

the ATA, trailer fleets are generally 

refurbished every seven years. This 

would allow companies to replace the 

ORGANIC PEROXIDE placard at the 

time of refurbishment. Based on this 

comment, in this final rule, we are 

authorizing ORGANIC PEROXIDE 

placards meeting the specifications in 

effect on December 31, 2006, to 

continue to be displayed until January 

1, 2014 for transportation by highway 

and until January 1, 2011 for 

transportation by rail, vessel or aircraft. 

Part 173 

Section 173.9 

Section 173.9 sets forth requirements 

for transporting cargo that has been 

fumigated or is undergoing fumigation. 

Such shipments must have a 

FUMIGANT marking. As specified in 

this section, the FUMIGANT marking 

includes an indication of the material 

used for fumigation and the date and 

time the fumigant was applied. 

Currently, transport vehicles or freight 

containers containing fumigated cargoes 

are not required to show the date the 

fumigated transport vehicle or freight 

container was ventilated to remove 

harmful concentrations of fumigant gas. 

To minimize the possibility of an 

individual entering a fumigated 

transport vehicle or freight container 

prematurely, in the NPRM we proposed 

to require the FUMIGANT marking to 

include the date of ventilation. We also 

proposed to revise the specifications for 

the FUMIGANT marking to allow either 

red or black marking on a white 

background. No commenters opposed 

these proposals, therefore, we are 

adopting them without change in this 

final rule. 

Sections 173.35, 173.120, 173.121, and 

Appendix H to Part 173 

Section 173.35 sets forth requirements 

for transporting hazardous materials in 

intermediate bulk containers (IBCs); 

§ 173.120 establishes classification 

criteria for flammable liquid (Class 3) 

materials; § 173.121 addresses packing 

group assignments for Class 3 materials; 

and Appendix H to Part 173 sets forth 

methods to test a material to determine 

its combustibility. In the NPRM, we 

proposed to revise all of these sections 

to reflect the new upper limit of 60 °C 

(140 °F) for a PG III flammable liquid. 

This is consistent with recent changes to 

the classification of flammable liquids 

based on the GHS and adoption into the 

UN Recommendations. PHMSA also 

proposed to authorize a five-year 

transition period. 

A commenter [DGAC] appreciates the 

length of the proposed transition period. 

DGAC urges PHMSA to propose a 

similar transition period for the criteria 

in international regulations. 

Modifications to the international 

standards are outside the scope of this 

rulemaking. International shippers 

should be aware of this disparity and 

take appropriate action. In this final 

rule, we are adopting the amendment as 

proposed. 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78605 

Section 173.115 

The HMR define a Division 2.2 nonflammable gas as any material or 

mixture that ‘‘exerts in the packaging an 

absolute pressure of 280 kPa (40.6 psia) 

or greater at 20 °C (68 °F), * * *.’’ In 

paragraph (b)(1), we proposed to add the 

phrase ‘‘or is a cryogenic liquid,’’ to 

clarify that a cryogenic liquid, whether 

or not it meets the definition of a 

Division 2.2 non-flammable gas, is 

subject to the HMR. This is consistent 

with the current requirements for 

cryogenic liquids in § 173.115(g). We 

received no comments opposing this 

proposal; therefore, in this final rule, we 

are adopting the proposal without 

change. 

Currently, paragraph (k)(5) of this 

section requires aerosols containing 

Class 8, PG III materials to be assigned 

a Class 8 subsidiary hazard. In the 

NPRM, we proposed to amend 

paragraph (k)(5) to specify that aerosols 

containing Class 8, PG II or PG III 

materials must be assigned a Class 8 

subsidiary hazard. We received no 

comments opposing this proposal; 

therefore, in this final rule, we are 

adopting the proposal without change. 

Section 173.124 

Section 173.124 establishes 

classification criteria for Division 4.1 

(flammable solid), Division 4.2 

(spontaneously combustible), and 

Division 4.3 (dangerous when wet) 

materials. In the NPRM, we proposed to 

revise § 173.124 by adding a new 

paragraph (a)(2)(i)(D)(3) to require 

mixtures of oxidizing substances 

containing 5.0% or more combustible 

organic substances to be subject to the 

self-reactive substance classification 

procedure. This will ensure that 

oxidizing substances containing 5.0% or 

more of combustible organic substances 

are also tested for their ability to selfreact and to ensure that in such 

instances, these substances are 

appropriately classed for their selfreactive hazard. We received no 

comments on this proposal; it is 

adopted without change in this final 

rule. 

Section 173.133 

Section 173.133 establishes criteria 

for assignment of packing groups to 

poisonous (Division 6.1) materials. We 

proposed to amend the toxicity criteria 

for consistency with the toxicity criteria 

adopted in the UN Recommendations 

on the basis of the limits established in 

the GHS. As a result, some materials 

that were not previously regulated 

under the HMR would now be regulated 

as Division 6.1, Packing Group III; some 

materials currently regulated as Division 

6.1, Packing Group I or II are assigned 

to a different packing group; and some 

materials that were previously regulated 

as Division 6.1, Packing Group III would 

no longer be subject to regulation under 

the HMR. PHMSA also proposed a fiveyear transition period. 

The effect of these proposed changes 

to packing group assignments for 

Division 6.1 materials is summarized as 

follows: 

Material properties Current PG assignment New PG assignment 

Oral LD50 > 200, ≤ 300 (Solid) ...................................................................................... Not regulated ...................... III 

Oral LD50 > 300, ≤ 500 (Liquid) ..................................................................................... III ........................................ Not regulated. 

Dermal LD50 > 40, ≤ 50 ................................................................................................. II ......................................... I 

Inhalation toxicity by dusts and mists LC50 > 0.2, ≤ 0.5 ............................................... I .......................................... II 

Inhalation toxicity by dusts and mists LC50 > 4, ≤ 10 ................................................... III ........................................ Not regulated. 

Thirteen commenters [NATC; Botteri; 

Eisenhofer; Adamo; J&S; RST; AP&C; 

AllChem; Arkema; UC1; UC2; NACD; 

DGAC] support adoption of this 

proposal. Arkema notes that the 

amended criteria may result in 

reclassification of certain materials that 

are listed by name in the HMT. The 

commenter requests that the HMR be 

amended to allow the use of currently 

listed names instead of describing the 

material under an appropriate generic 

(n.o.s.) name based on the new toxicity 

criteria. The commenter also states 

Arkema, an international company, will 

review its materials to ensure they are 

in compliance with the provisions of the 

2008 IMDG Code, and will handle air 

shipments on a case-by-case basis. 

PHMSA does not intend to provide such 

an allowance in the HMR; we believe 

such a provision could be confusing and 

would be inconsistent with the 

international regulations. However, we 

invite submission of data supporting 

reclassification of certain materials 

resulting from the revised criteria for 

toxic materials. Such data could be used 

to effect change in the listing of a 

material within the HMR and the UN 

Model Regulations. 

A commenter [DGAC] appreciates the 

length of the proposed transition period. 

DGAC urges PHMSA to propose a 

similar transition period for the criteria 

in international regulations. Changes to 

the international standards are outside 

the scope of this rulemaking. 

International shippers should be aware 

of this disparity and take appropriate 

action. 

Finally, ten commenters [NATC; 

Botteri; Eisenhofer; Adamo; J&S; RST; 

AllChem; UC1; UC2; NACD] request a 

five-year transition period and a 

grandfather clause to allow packages 

filled prior to a specific date to remain 

marked without modification for 

domestic transportation. In the NPRM, 

we proposed a five-year transition 

period and in this final rule, we are 

adopting the amendment as proposed 

(see § 171.14). We disagree with the 

request to allow packages filled prior to 

a specific date to remain marked 

without modification for domestic 

transportation. We believe that a fiveyear transition provides adequate time 

to transition to the new classification 

criteria and to ensure that packages 

marked based on regulations in effect on 

December 31, 2006, are out of the 

transportation stream. Therefore, we are 

not adopting a grandfather clause. 

Sections 173.134 and 173.197 

Consistent with the proposals in the 

NPRM, in this final rule, these sections 

are revised by replacing the wording 

‘‘Regulated medical waste’’ with the 

wording ‘‘Regulated medical waste or 

clinical waste or (bio) medical waste.’’

No commenters addressed this issue. 

Section 173.136 

Currently, the HMR define ‘‘corrosive 

material’’ to mean ‘‘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 that 

has a severe corrosion rate on steel or 

aluminum based on the criteria in 

§ 173.137(c)(2) is also a corrosive 

material.’’ Certain solids with a low 

melting point may become liquid during 

transportation, and others may be 

intentionally heated above their melting 

point and transported as a liquid in the 

molten state. We believe the Class 8 

definition should apply equally to 

liquids and to solids offered for 

transportation or transported in a liquid 

state. In the NPRM, we proposed to 

revise the definition of a ‘‘corrosive 


pwalker on PROD1PC60 with RULES4
78606 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

material’’ to include a solid material 

that is offered for transportation or 

transported as a liquid and has a severe 

corrosion rate on steel or aluminum. A 

commenter [Degussa] requests that we 

align the definition with the UN 

Recommendations. We agree and are 

modifying the definition of ‘‘corrosive 

material’’ to include the phrase ‘‘solids 

that may become liquid during 

transportation.’’ Also, we are removing 

the grandfather provision in 

§ 173.136(d) on the basis that it is no 

longer necessary because tests other 

than the one specified in the UN 

Manual of Tests and Criteria will be 

authorized. See the § 173.137 preamble 

discussion below. 

Section 173.137 

Section 173.137 establishes packing 

group criteria for corrosive (Class 8) 

materials. In a final rule published 

December 20, 2004 under Docket HM–

215G (69 FR 76155), we revised the 

language in paragraph (c)(2) mandating 

the corrosion test in the UN Manual of 

Tests and Criteria as the only acceptable 

test method for determining the 

corrosivity of a material. That was not 

our intent. In the NPRM, we proposed 

to revise paragraph (c)(2) to specify that 

corrosivity may be determined in 

accordance with methods described in 

the UN Manual of Tests and Criteria, as 

well as other equivalent methods, such 

as those described in ASTM G 31–72. 

No commenters addressed this proposal; 

it is adopted without change in this 

final rule. 

Section 173.159 

Section 173.159 establishes 

transportation requirements for wet 

electric storage batteries. For 

consistency with the ICAO Technical 

Instructions, in the NPRM we proposed 

to revise paragraphs (a), (c)(1), (c)(2), 

(c)(4), (c)(5), (d)(1) and (e)(2) to clarify 

that batteries may be protected against 

short circuits by the use of nonconductive caps that cover the entire 

terminal(s). No commenters addressed 

this proposal; therefore, we are adopting 

it without change in this final rule. 

Section 173.166 

Section 173.166 establishes 

transportation requirements for air bag 

inflators, air bag modules, and seat-belt 

pretensioners. Currently, paragraph 

(d)(1) excepts from the HMR air bag 

modules and seat-belt pretensioners 

approved by the Associate 

Administrator and installed in a motor 

vehicle or a completed motor vehicle 

component. In the NPRM, we proposed 

to revise paragraph (d)(1) to expand the 

exception to include air bag modules 

and seat-belt pretensioners installed in 

other means of conveyances, such as 

boats and aircraft, or their components. 

We received no comments on this 

proposal; therefore, we are adopting it 

without change in this final rule. 

Section 173.187 

Section 173.187 establishes 

transportation requirements for 

pyrophoric solids, metals, or alloys, not 

otherwise specified (n.o.s.). In the 

NPRM, we proposed to revise this 

section for clarity and to correct an 

oversight by adding 4A steel boxes to 

the list of authorized packagings for 

pyrophoric solids, metals or alloys, 

n.o.s. We received no comments on this 

proposal; it is adopted without change 

in this final rule. 

Section 173.216 

Section 173.216 establishes 

transportation requirements for blue, 

brown, or white asbestos. Paragraph (c) 

of this section specifies packaging 

requirements for these materials. In the 

NPRM, we proposed to require bags or 

other non-rigid packages containing 

asbestos to be transported in rigid outer 

packages or closed freight containers. 

No commenters addressed this proposal; 

therefore, it is adopted without change 

in this final rule. 

Section 173.220 

Section 173.220 establishes 

transportation requirements for internal 

combustion engines, self-propelled 

vehicles, mechanical equipment 

containing internal combustion engines, 

and battery powered vehicles and 

equipment. For transportation by 

aircraft, the HMR impose a pressure 

limit of not more than 5% of the 

maximum allowable working pressure 

in any part of the system between the 

pressure receptacle and the shut off 

valve of a flammable gas powered 

vehicle. In the NPRM, we proposed to 

revise paragraph (b)(2)(ii)(B)(3) to 

specify that the pressure limit imposed 

applies to the entire closed system and 

that the maximum pressure allowed is 

290 psig (2000 kPa). Also, consistent 

with the ICAO Technical Instructions, 

we proposed to revise paragraphs (c) 

and (d) to clarify that batteries may be 

protected against short circuits by the 

use of non-conductive caps that cover 

the entire terminal(s). We received no 

comments on these proposals; therefore, 

we are adopting them without change in 

this final rule. 

Section 173.222 

This section establishes requirements 

for hazardous materials in equipment, 

machinery and apparatus. Because of 

the addition of Special Provision A105 

in the HMT, the shipping paper 

requirements in paragraph (d) no longer 

apply to transportation by aircraft. In 

the NPRM, we proposed to revise 

paragraph (d) accordingly. No 

commenters addressed this proposal, 

and it is adopted without change in this 

final rule. 

A commenter [Laude] requests we 

remove the phrase ‘‘equipment’’ in this 

section. The phrase ‘‘equipment’’ is not 

part of the proper shipping name 

‘‘Dangerous Goods in Machinery or 

Dangerous Goods in Apparatus’’ in the 

HMT. Therefore, we are editorially 

revising § 173.222 to remove the phrase 

‘‘equipment’’ in the heading and 

regulatory text. 

Section 173.224 

Section 173.224 establishes packaging 

and control and emergency 

temperatures for self-reactive materials. 

The Self-Reactive Materials Table in 

paragraph (b)(7) of this section specifies 

self-reactive materials authorized for 

transportation without first being 

approved for transportation by the 

Associate Administrator for Hazardous 

Materials Safety and requirements for 

transporting these materials. In the 

NPRM, we proposed to add a new entry 

to ‘‘Acetone-pyrogallol copolymer 2- 

diazo-1-naphthol-5-sulphonate’’ to the 

Self-Reactive Materials Table. We 

received no comments on this proposal, 

and are adopting it without change in 

this final rule. 

Section 173.230 

In the NPRM, we proposed to add a 

new packaging section (§ 173.230) for 

the transportation of ‘‘Fuel cell 

cartridges containing flammable liquids, 

UN3473,’’ including methanol or 

methanol/water solutions. For 

consistency with the ICAO Technical 

Instructions, we proposed to require 

fuel cell cartridges containing 

flammable liquids, other than those 

packaged with equipment, to be 

packaged in specification packagings for 

all modes of transportation. Fuel cell 

cartridges packaged in or with 

equipment must be packaged in strong 

outer packagings. 

A commenter [HMT] suggests we add 

a special provision to the entry ‘‘Fuel 

cell cartridges containing flammable 

liquids’’ in the HMT that would allow 

fuel cell cartridges to be considered the 

inner packaging of a combination 

packaging so that shippers can take 

advantage of the limited quantity 

provisions for flammable liquids in 

§ 173.150. We do not believe that such 

a clarification is necessary. A fuel cell 

cartridge, shipped under the provisions 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78607 

of § 173.150 as a limited quantity, may 

be considered the inner packaging 

provided all applicable requirements are 

met. The commenter also suggests we 

change the one liter net capacity limit 

to allow up to one liter volume of the 

flammable liquid itself. We do not agree. 

The net capacity of a fuel cell cartridge 

should be the capacity of the fuel cell 

cartridge containing the flammable 

liquid. This is consistent with the 

requirements for other flammable 

liquids shipped as a limited quantity in 

inner packagings or articles. Finally, the 

commenter recommends we authorize 

any rigid outer packaging conforming to 

the PG II performance level. We agree 

and are amending the requirements in 

paragraph (a)(2) accordingly. 

Section 173.301 

On August 29, 2006, the Federal 

Register published a final rule under 

Docket HM–220F (71 FR 51122)) 

establishing additional requalification 

requirements for cylinders 

manufactured of aluminum alloy 6351–

T6. In § 173.301, we moved a sentence 

prohibiting the use of DOT 3AL 

cylinders manufactured of aluminum 

alloy 6351–T6 for transporting 

pyrophoric gases from paragraph (d) to 

a new paragraph (o). We revised the 

remaining requirement in paragraph (d). 

However, we inadvertently omitted a 

sentence prohibiting the use of 

aluminum alloy 6351–T6 for the 

manufacture of UN cylinders recently 

added in paragraph (d) under a final 

rule published June 12, 2006 under 

Docket HM–220E (71 FR 33858). In this 

final rule, we are correcting § 173.301(o) 

by reinserting the language prohibiting 

the use of UN cylinders manufactured of 

aluminum alloy 6351–T6. 

Section 173.306 

This section establishes transportation 

requirements for limited quantities of 

compressed gases. Paragraph (i) of this 

section excepts aerosols with capacities 

under 50 mL (1.7 oz) and pressures not 

exceeding 970 kPa (141 psig) at 55 °C 

(131 °F) from all HMR requirements. In 

the NPRM, we proposed to expand this 

exception to aerosols with capacities of 

less than 50 mL (1.7 oz) and pressures 

of up to 290 psig (2000 kPa) provided 

the packagings conform to the general 

packaging requirements of Subpart B of 

Part 173. The proposed amendment is 

not consistent with provisions of the UN 

Recommendations or the ICAO 

Technical Instructions, which do not 

limit the pressure within the aerosol or 

small receptacle. We are not convinced 

that aerosols should be excepted from 

all regulation when the pressure in the 

container exceeds 290 psig (2000 kPa). 

Because the exceptions in the UN 

Recommendations and ICAO Technical 

Instructions include an exception from 

shipping paper, package marking, and 

labeling requirements, a carrier might 

not be aware of the potential risks 

associated with higher pressure aerosols 

and small gas receptacles. In addition, 

to avoid confusion and further clarify 

the intent of this exception, in the 

NPRM we proposed to revise paragraph 

(i) to specify that the 50 mL exception 

for aerosols does not apply to selfdefense sprays. It was not our intent to 

authorize the use of this exception for 

self-defense sprays. We received no 

comments on this proposal; it is 

adopted in this final rule. 

Part 175 

Section 175.10 

Currently, safety matches or lighters 

carried on board an aircraft and 

intended for use by a passenger or crew 

member are excepted from the HMR. 

Consistent with the ICAO Technical 

Instructions, in the NPRM we proposed 

to revise paragraph (a)(2) to limit the 

number of safety matches that may be 

carried on one’s person or in carry-on 

baggage by a passenger or crewmember 

to one packet. We received no 

comments on this issue; therefore, it is 

adopted without change in this final 

rule. 

Section 175.78 

Section 175.78 establishes 

requirements for stowing hazardous 

materials on an airplane. In the NPRM, 

we proposed to paragraph (c)(4) to 

clarify which explosive materials may 

be stowed together aboard an aircraft 

and to remove existing stowage 

references for explosive materials not 

authorized for transportation aboard 

aircraft under any circumstances. We 

received no comments on this issue; 

therefore, it is adopted without change 

in this final rule. 

Part 176 

Section 176.76 

Section 176.76 establishes 

requirements for vessel transportation of 

transport vehicles, freight containers, 

and portable tanks containing hazardous 

materials. Paragraph (f) includes 

requirements for portable tanks 

containing flammable liquids or gases. 

Consistent with recent changes to the 

classification of flammable liquids 

based on the GHS and adopted into the 

UN Recommendations and discussed 

elsewhere in this preamble, in the 

NPRM we proposed to revise paragraph 

(f)(2) to specify the new upper limit for 

a PG III flammable liquid to be 60 °C 

(140 °F). We received no comments on 

this issue; therefore, it is adopted 

without change in this final rule. 

Section 176.83 

Section 176.83 establishes segregation 

requirements for hazardous materials 

transported by vessel. In the NPRM, we 

proposed to revise paragraph (a)(4) to 

identify materials of different hazard 

classes that do not react dangerously 

with each other and, therefore, do not 

need to be segregated. No commenters 

addressed this proposal; it is adopted 

without change in this final rule. 

Section 176.84 

Section 176.84 contains additional 

stowage and segregation requirements 

for hazardous materials on cargo and 

passenger vessels. Consistent with the 

2004 Edition of the IMDG Code, 

incorporating Amendment 33–06, in the 

paragraph (b) Table of provisions, in the 

NPRM we proposed to add new Code 

‘‘144’’ to the entries ‘‘Plastic molding 

compound in dough, sheet or extruded 

rope from evolving flammable vapor,’’

UN3314, and ‘‘Polymeric beads 

expandable, evolving flammable vapor,’’

UN2211. New Code ‘‘144’’ specifies 

these materials must be mechanically 

ventilated in accordance with SOLAS 

Chapter II–2/Regulation 19 for 

flammable liquids with a flashpoint 

below 23 °C (73 °F) when stowed under 

deck. No comments addressed this 

issue; it is adopted without change in 

this final rule. 

Also, in the NPRM, we proposed to 

add a new note ‘‘2’’ following the Table. 

Note ‘‘2’’ provides an exception from 

the segregation requirements for Class 8, 

PG II and III materials, provided the 

substances do not react dangerously 

with one another and the quantities per 

package do not exceed 30 L (7.8 gallons) 

for liquids and 30 kg (66 lbs.) for solids. 

We also proposed to revise Codes ‘‘26,’’

‘‘27,’’ ‘‘52,’’ and ‘‘53’’ to add the new 

Note ‘‘2.’’

One commenter [VOHMA] supports 

the proposal to add a new Note ‘‘2,’’ but 

suggests the following provision be 

added: ‘‘The transport document must 

include the statement required by 

§ 172.203(i)(5) and a copy of the test 

report that verifies that the substances 

do not react dangerously with each 

other shall be provided if requested by 

the competent authority.’’ The 

commenter also recommends an 

additional shipping paper requirement 

under § 172.203 to indicate the 

utilization of this provision. The 

commenter bases its request on a need 

for consistency with the IMDG Code, 

and the need for verification to the 

carrier that the substances have been 


pwalker on PROD1PC60 with RULES4
78608 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

tested and do not react dangerously 

with each other. 

We acknowledge the commenter’s 

recommendation that new Note ‘‘2’’ may 

require an accompanying statement on a 

transport document, such as a shipping 

paper, in order to adequately notify 

carriers of the use of this provision. We 

also acknowledge the commenter’s 

suggestion that supporting 

documentation, such as a test report, 

should accompany shipments of these 

hazardous materials. Because these 

additional requirements were not 

proposed in the NPRM, they are beyond 

the scope of this rulemaking. However, 

we agree that carriers may need some 

notification of the use of this provision 

and will consider the issue in a future 

rulemaking. 

In this final rule, we are adopting the 

proposal to add new Note ‘‘2’’ to the 

Segregation Table, and to revise Codes 

‘‘26,’’ ‘‘27,’’ ‘‘52,’’ and ‘‘53’’ by adding 

the new Note ‘‘2,’’ as proposed in the 

NPRM. In addition, we are also adopting 

the proposal to add Code ‘‘144’’ to the 

entries ‘‘Plastic molding compound in 

dough, sheet or extruded rope from 

evolving flammable vapor,’’ UN3314, 

and ‘‘Polymeric beads expandable, 

evolving flammable vapor,’’ UN2211, to 

specify these materials must be 

mechanically ventilated in accordance 

with SOLAS regulation II–2/19 (IBR; see 

§ 171.7 of this subchapter) for 

flammable liquids with a flashpoint 

below 23 °C (73 ° F) when stowed under 

deck. Finally, in paragraph (b), we are 

revising Provisions ‘‘22,’’ ‘‘23,’’ and 

‘‘109’’ to reflect the new upper 

flammability limit for flammable 

liquids. Also see §§ 173.35, 173.120, 

173.121 and Appendix H to Part 173 

preamble text. 

Part 178 

Section 178.274 

Section 178.274 establishes design, 

manufacturing, and test requirements 

for UN portable tanks. Currently, a 

prototype UN portable tank must be 

shown to be capable of absorbing the 

forces resulting from an impact not less 

than four times the maximum 

permissible gross weight of the fully 

loaded portable tank at a duration that 

is typical of the mechanical shocks 

experienced in rail transportation. 

Several standards describing methods 

acceptable for performing the impact 

test were previously listed in the UN 

Recommendations (6.7.3.15). The 

Fourth revised edition of the UN 

Manual of Tests and Criteria includes a 

dynamic longitudinal impact test for 

portable tanks. All procedures, test 

requirements, processing and analysis of 

data are found in Section 41 of 

Addendum 2 to the UN Manual of Tests 

and Criteria. 

Consistent with the UN 

Recommendations, in the NPRM we 

proposed to revise paragraph (j)(6) to 

require each UN portable tank design 

type be subjected to a dynamic 

longitudinal impact test to prove the 

ability of the portable tank to withstand 

the effects of a longitudinal impact. The 

NPRM proposed an effective for the new 

requirement of January 1, 2008, and 

further proposed that UN portable tanks 

impact-tested prior to January 1, 2008, 

based on the criteria in effect on October 

1, 2005, need not be retested. We 

received no comments on this proposal; 

we are adopting it without change in 

this final rule. 

Section 178.602 

Section 178.602 establishes 

requirements for the preparation of 

packagings for testing to ensure that the 

packaging conforms to the design 

requirements of the applicable 

specification. Currently, for the 

preparation of bags for the drop and 

stacking tests, paragraph (b) requires 

bags to be filled to the maximum mass 

at which they may be used. In the 

NPRM, we proposed to revise paragraph 

(b) to clarify that the preparation of bags 

for the drop and stacking tests only 

applies to bags containing solids. No 

commenters addressed this proposal; it 

is adopted without change in this final 

rule. 

Section 178.810 

Section 178.810 establishes 

requirements for performing the drop 

test for IBCs. In the NPRM, we proposed 

to revise paragraph (b)(1) to clarify that 

metal, rigid plastic, and composite IBCs 

must be filled to not less than 95% of 

their maximum capacity when 

conducting drop tests for solids, and not 

less than 98% of their maximum 

capacity for liquids. Similarly, in 

paragraph (b)(2), we proposed to require 

fiberboard and wooden IBCs to be filled 

with a solid material to not less than 

95% of their maximum capacity. Also, 

we proposed to add a new paragraph 

(b)(3) to require filling flexible IBCs to 

the maximum permissible gross mass 

and even distribution of the contents. 

No commenters addressed these 

proposals; they are adopted without 

change in this final rule. 

Part 180 

Section 180.213 

On August 29, 2006 the Federal 

Register published a final rule under 

Docket HM–220F (71 FR 51122) 

establishing additional requalification 

requirements for cylinders 

manufactured of aluminum alloy 6351–

T6. In the amendatory language, we 

inadvertently revised paragraph (d) 

rather than the paragraph (d) 

introductory text. In this final rule, we 

are revising paragraph (d) to correct this 

error. 

Section 180.352 

Section 180.352 establishes 

requirements for retesting and 

inspection of IBCs to ensure that they 

continue to conform to the applicable 

specification. In the NPRM, we 

proposed to revise paragraph (b) to 

specify that each IBC intended to 

contain solids that are loaded or 

discharged under pressure or intended 

to contain liquids must be tested in 

accordance with the leakproofness test 

prescribed in § 178.813 prior to its first 

use in transportation. For this test, the 

IBC is not required to have its closures 

fitted. These proposals incorporate 

clarifications adopted in the Fourteenth 

revised edition of the UN 

Recommendations. We received no 

comments on these proposals and are 

adopting them without change in this 

final rule. 

IV. 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 

material 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 earlier in this preamble, the 

final rule amends the HMR to more fully 

align them with the biennial updates of 

the UN Recommendations, the IMDG 

Code and the ICAO Technical 

Instructions; this will facilitate the 

transport of hazardous materials in 

international commerce. 

Harmonization serves to facilitate 

international transportation; at the same 

time, harmonization ensures the safety 

of people, property, and the 

environment by reducing the potential 

for confusion and misunderstanding 

that could result if shippers and 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78609 

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 discussed in 

detail earlier in this preamble, there are 

several instances where we elected not 

to adopt a specific provision of the UN 

Recommendations, the IMDG Code or 

the ICAO Technical Instructions. 

Moreover, we are maintaining a number 

of current exceptions for domestic 

transportation that should minimize the 

compliance burden on the regulated 

community. 

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 final rule 

amends the HMR to maintain alignment 

with international standards by 

incorporating various amendments to 

facilitate the transport of hazardous 

material in international commerce. To 

this end, as discussed in detail earlier in 

this preamble, the rule incorporates 

changes into the HMR based on the 

Fourteenth revised edition of the UN 

Recommendations, Amendment 33 to 

the IMDG Code, and the 2007–2008 

ICAO Technical Instructions, which 

become effective January 1, 2007. 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, battery manufacturers, and 

radiopharmaceutical companies. 

Benefits resulting from 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 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 are authorizing a delayed effective 

date and a one-year transition period for 

the majority of amendments in this final 

rule; we are authorizing extended 

transition periods for certain 

amendments. The transition periods 

allow for training of employees and 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. 

The costs are the result of 

reprogramming shipping paper 

computer programs, replacement of preprinted forms for firms that do not use 

automated systems, and changes to 

package markings and labels. Initial 

start-up and inventory costs result from 

these changes; however, the costs will 

be 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 impose 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. Covered subjects are: 

(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), 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, 2007. If 

the changes in this final rule are not 

adopted in 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 rulemaking are intended 

to avoid this result. Federal hazardous 

materials transportation law provides at 

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

regulation concerning any of the 

covered subjects, DOT must determine 

and publish in the Federal Register the 

effective date of Federal preemption. 

The effective date may not be earlier 

than the 90th day following the date of 

issuance of the final rule and not later 

than two years after the date of issuance. 

The effective date of Federal preemption 

is March 29, 2007. 

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 and does not impose 

substantial direct compliance costs, 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 


pwalker on PROD1PC60 with RULES4
78610 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

consistency with international 

standards. This final rule applies to 

offerors and carriers of hazardous 

materials, some of whom are small 

entities, such as chemical users and 

suppliers, packaging manufacturers, 

distributors, and battery manufacturers. 

As discussed above, under Executive 

Order 12866, the majority of 

amendments in this final rule 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 

the requirements in this final rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

This final rule has been developed in 

accordance with Executive Order 13272 

(‘‘Proper Consideration of Small Entities 

in Agency Rulemaking’’) 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 

Under the Paperwork Reduction Act 

of 1995, no person is required to 

respond to a collection of information 

unless it displays a valid Office of 

Management and Budget (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 

collection and recordkeeping requests. 

PHMSA currently has two approved 

information collections affecting this 

final rule: OMB Control Number 2137–

0557, ‘‘Approvals for Hazardous 

Materials’’ with 25,605 burden hours 

and $562,837.40 burden costs; and OMB 

Control Number 2137–0613, 

‘‘Subsidiary Hazard Class & Number/ 

Type of Packagings’’ with 63,309 burden 

hours and $216,705 burden costs. 

There are minor editorial changes 

under this rule. However, there is no net 

increase in burden for OMB Control 

Number 2137–0557 or OMB Control 

Number 2137–0613. We estimate the 

total information collection and 

recordkeeping burden as follows: 

‘‘Approvals for Hazardous Materials’’

OMB Number 2137–0557: 

Total Annual Number of 

Respondents: 3,523. 

Total Annual Responses: 3,874.8. 

Total Annual Burden Hours: 25,605. 

Total Annual Burden Cost: 

$562,837.40. 

‘‘Subsidiary Hazard Class & Number/ 

Type of Packagings’’ OMB Number 

2137–0613: 

Total Annual Number of 

Respondents: 250,000. 

Total Annual Responses: 6,337,500. 

Total Annual Burden Hours: 17,604. 

Total Annual Burden Cost: $216,705. 

Total First Year Burden Hours: 

45,705. 

Total First Year Burden Cost: 

$1,115,992. 

Requests for a copy of this 

information collection should be 

directed to Deborah Boothe or T. Glenn 

Foster, Office of Hazardous Materials 

Standards (PHH–10), Pipeline and 

Hazardous Materials Safety 

Administration, Room 8422, 400 

Seventh Street, SW., Washington, DC 

20590–0001, telephone (202) 366–8553. 

G. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN contained in the heading 

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

Agenda. 

H. Unfunded Mandates Reform Act 

This final rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$120.7 million or more to either State, 

local or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

I. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA) requires Federal 

agencies to consider the consequences 

of major Federal actions and prepare a 

detailed statement on actions 

significantly affecting the quality of the 

human environment. We developed an 

assessment to determine the effects of 

these revisions on the environment and 

whether a more comprehensive 

environmental impact statement may be 

required. Consistency in the regulations 

for the transportation of hazardous 

materials aids in shipper understanding 

of the requirements and permits 

shippers to more easily comply with 

safety regulations and avoid the 

potential for environmental damage or 

contamination. Our findings conclude 

that there are no significant 

environmental impacts associated with 

this final rule. For interested parties, an 

Environmental Assessment is available 

in the public docket. 

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 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov. 

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 

containers, Reporting and recordkeeping 

requirements. 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78611 

49 CFR Part 180 

Hazardous materials transportation, 

Motor carriers, Motor vehicle safety, 

Packaging and containers, Railroad 

safety, Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, 49 

CFR Chapter I is amended as follows: 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 1. The authority citation for part 171 

continues to read as follows: 

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

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

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

section 31001. 

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

table, the following changes are made: 

■ a. Under the entry ‘‘International Civil 

Aviation Organization (ICAO),’’ the 

entry ‘‘Technical Instructions for the 

Safe Transport of Dangerous Goods by 

Air (ICAO Technical Instructions), 

2005–2006 Edition’’ is revised; 

■ b. Under the entry ‘‘International 

Maritime Organization (IMO),’’ the 

entries ‘‘International Convention for 

the Safety of Life at Sea, (SOLAS) 

Amendments 2000, Chapter II–2/ 

Regulation 19, 2001’’ and ‘‘International 

Maritime Dangerous Goods Code (IMDG 

Code), 2004 Edition, Incorporating 

Amendment 32–04 (English Edition), 

Volumes 1 and 2’’ are revised; 

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

the entry ‘‘UN Recommendations on the 

Transport of Dangerous Goods, 

Thirteenth Revised Edition (2003), 

Volumes I and II’’ is revised; 

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

the entry ‘‘UN Recommendations on the 

Transport of Dangerous Goods, Manual 

of Tests and Criteria, Fourth Revised 

Edition, (2003)’’ is revised. 

The revisions read as follows: 

§ 171.7 Reference material. 

(a) * * * 

(3) Table of material incorporated by 

reference. * * * 

Source and name of material 49 CFR reference 

* * * * * * * 

International Civil Aviation Organization (ICAO), 

* * * * * * * 

Technical Instructions for the Safe Transport of Dangerous Goods by 

Air (ICAO Technical Instructions), 2007–2008 Edition.

171.8; 171.11; 172.202; 172.401; 172.512; 172.602; 173.320; 175.33; 

178.3. 

International Maritime Organization (IMO), 

* * * * * * * 

International Convention for the Safety of Life at Sea, (SOLAS) Amendments 2000, Chapter II–2/Regulation 19, 2001.176.63; 176.84. 

International Maritime Dangerous Goods Code (IMDG Code), 2006 Edition, Incorporating Amendment 33–06 (English Edition), Volumes 1 

and 2.

171.12; 172.202; 172.401; 172.502; 172.602; 173.21; 176.2; 176.5; 

176.11; 176.27; 176.30; 178.3; 178.274. 

* * * * * * * 

United Nations, 

* * * * * * * 

UN Recommendations on the Transport of Dangerous Goods, Fourteenth revised edition (2005), Volumes I and II.171.8; 171.12; 172.202; 172.401; 172.502; 173.22; 173.24; 173.24b; 

173.40; 173.192; 173.197; 173.302b; 173.304b; 178.75; 178.274; 

178.801. 

UN Recommendations on the Transport of Dangerous Goods, Manual 

of Tests and Criteria, Fourth revised edition, (2003), and Addendum 

2, (2004).

172.102; 173.21; 173.56; 173.57; 173.58; 173.115; 173.124; 173.125; 

173.127; 173.128; 173.137; 173.185; Part 173, appendix H; 

178.274. 

* * * * * * * 

* * * * * 

■ 3. In § 171.14, paragraph (b) is 

removed and reserved; paragraphs (d) 

introductory text, (d)(1) and (d)(2) are 

revised; paragraphs (d)(7) and (d)(8) are 

removed; paragraphs (e) and (f) are 

revised; and new paragraph (g) is added 

to read as follows: 

§ 171.14 Transitional provisions for 

implementing certain requirements. 

* * * * * 

(b) [Reserved] 

* * * * * 

(d) A final rule published in the 

Federal Register on December 29, 2006, 

effective January 1, 2007, resulted in 

revisions to this subchapter. During the 

transition period, until January 1, 2008, 

as provided in paragraph (d)(1) of this 

section, a person may elect to comply 

with either the applicable requirements 

of this subchapter in effect on December 

31, 2006, or the requirements published 

in the December 29, 2006 final rule. 

(1) Transition dates. The effective 

date of the final rule published on 

December 29, 2006 is January 1, 2007. 

A delayed compliance date of January 1, 

2008, is authorized. Unless otherwise 

specified, on and after January 1, 2008, 

all applicable regulatory requirements 

adopted in the final rule in effect on 

January 1, 2007, must be met. 

(2) Intermixing old and new 

requirements. Marking, labeling, 

placarding, and shipping paper 

descriptions must conform to either the 

old requirements of this subchapter in 

effect on December 31, 2006, or the new 

requirements of this subchapter in the 

final rule without intermixing 

communication elements, except that 

intermixing is permitted during the 

applicable transition period for 

packaging, hazard communication and 

handling provisions, as follows: 

(i) If either shipping names or 

identification numbers are identical, a 

shipping paper may display the old 

shipping description even if the package 

is marked and labeled under the new 

shipping description; 

(ii) If either shipping names or 

identification numbers are identical, a 

shipping paper may display the new 

shipping description; and 

(iii) Either old or new placards may be 

used regardless of whether old or new 


pwalker on PROD1PC60 with RULES4
78612 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

shipping descriptions, labels, and 

package markings are used. 

* * * * * 

(e) The shipping description 

sequences in effect on December 31, 

2006, may be used until January 1, 2013. 

(f) Except for transportation by 

highway, a Division 5.2 label and a 

Division 5.2 placard conforming to the 

specifications in §§ 172.427 and 

172.552, respectively, of this subchapter 

in effect on December 31, 2006, may be 

used until January 1, 2011. For 

transportation by highway, a Division 

5.2 placard conforming to the 

specifications in § 172.552 of this 

subchapter in effect on December 31, 

2006 may be used until January 1, 2014. 

(g) The Class 3 and Division 6.1 

classification criteria and packing group 

assignments in effect on December 31, 

2006, may be used until January 1, 2012. 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS 

■ 4. The authority citation for part 172 

continues to read as follows: 

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

CFR 1.53. 

■ 5. In § 172.101, paragraph (d)(4) is 

revised and the Hazardous Materials 

Table is amended by removing, adding 

and revising, in the appropriate 

alphabetical sequence, to read as 

follows: 

§ 172.101 Purpose and use of hazardous 

materials table. 

* * * * * 

(d) * * * 

(4) Each reference to a Class 3 

material is modified to read 

‘‘Combustible liquid’’ when that 

material is reclassified in accordance 

with § 173.150(e) or (f) of this 

subchapter or has a flash point above 60 

°C (140 °F) but below 93 °C (200 °F). 

* * * * * 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78613 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

Symbols 

Hazardous materials descriptions 

and proper shipping names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

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

* * * * * * * 

Carbon dioxide and 

nitrous oxide mixtures.

2.2 UN1015 .... ................... 2.2 ...................... ............................ 306 ........... None ......... 314, 315 ... 75 kg ........ 150 kg ...... A..

* * * * * * * 

Carbon dioxide and 

oxygen mixtures, compressed.

2.2 UN1014 .... ................... 2.2, 5.1 ............... 77, A14 ............... 306 ........... 304 ........... 314, 315 ... 75 kg ........ 150 kg ...... A..

* * * * * * * 

Carbon monoxide 

and hydrogen mixture, compressed.

2.3 UN2600 .... ................... 2.3, 2.1 ............... 6 ......................... None ......... 302 ........... 302 ........... Forbidden Forbidden D ............... 40 

* * * * * * * 

Crotonaldehyde, 

stabilized.

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

B74, B77, T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden B ............... 40. 

Crotonic acid, liquid 8 UN2823 .... III .............. 8 ......................... IB8, T1 ............... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 12. Crotonic acid, solid 8 UN2823 .... III .............. 8 ......................... IB8, IP3, T1, 

TP33.

154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 12. 

* * * * * * * 

Formic acid ........... 8 UN1779 .... II ............... -8 ........................ B2, B28, IB2, T7, 

TP2.

154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 40 

* * * * * * * 

Hydrogen 

difluorides, n.o.s.

8 UN1740 .... II ............... 8 ......................... IB8, IP2, IP4, N3, 

N34, T3, TP33.

None ......... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 25, 40, 52. 

* * * * * * * 

III .............. 8 ......................... IB8, IP3, N3, 

N34, T1, TP33.

154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 25, 40, 52. 

* * * * * * * 

Hydroquinone, 

solid.

6.1 UN2662 .... III .............. 6.1 ...................... IB8, IP3, T1, 

TP33.

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

Hydroquinone solution. 6.1 UN3435 .... III .............. 6.1 ...................... IB3, T4, TP1 ....... 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ A..

* * * * * * * 

Propionic acid ....... 8 UN1848 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A..

* * * * * * * 

Rare gases and nitrogen mixtures, 

compressed.

2.2 UN1981 .... ................... 2.2 ...................... ............................ 306 ........... 302 ........... None ......... 75 kg ........ 150 kg ...... A..


pwalker on PROD1PC60 with RULES4
78614 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

—Continued 

Symbols 

Hazardous materials descriptions 

and proper shipping names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

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

* * * * * * * 

Rare gases and 

oxygen mixtures, compressed.

2.2 UN1980 .... ................... 2.2 ...................... 79 ....................... 306 ........... 302 ........... None ......... 75 kg ........ 150 kg ...... A.

* * * * * * * 

Rare gases mixtures, compressed. 2.2 UN1979 .... ................... 2.2 ...................... ............................ 306 ........... 302 ........... None ......... 75 kg ........ 150 kg ...... A.

* * * * * * * 

Regulated medical 

waste.

6.2 UN3291 .... II ............... 6.2 ...................... A13 ..................... 134 ........... 197 ........... 197 ........... No limit ..... No limit ..... A ............... 40. 

* * * * * * * 

[Add]: 

* * * * * * * 

Crotonaldehyde or 

Crotonaldehyde, stabilized.

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

B32, B74, B77, T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden B ............... 40. 

Crotonic acid, liquid 8 UN3472 .... III .............. 8 ......................... IB8, T1 ............... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 12. Crotonic acid, solid 8 UN2823 .... III .............. 8 ......................... IB8, IP3, T1, 

TP33.

154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 12. 

* * * * * * * 

Formic acidwith not 

less than 10% but not more than 85% acid by mass.

8 UN3412 .... II ............... 8 ......................... IB2, T7, TP2 ....... 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 40. 

Formic acidwith not 

less than 5% but less than 10% acid by mass.

8 UN3412 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 40 

Formic acid with 

more than 85% acid by mass.

8 UN1779 .... II ............... 8, 3 ..................... B2, B28, IB2, T7, 

TP2.

154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 40. 

* * * * * * * 

Fuel cell cartridges.containing 

flammable liquids.

3 UN3473 .... II ............... 3 ......................... ............................ 150 ........... 230 ........... None ......... 5 L ............ 60 L .......... A.

* * * * * * * 

Hydrogendifluorides, solid, n.o.s. 8 UN1740 .... II ............... 8 ......................... IB8, IP2, IP4, N3, N34, T3, TP33. None ......... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 25, 40, 52. 

III .............. 8 ......................... IB8, IP3, N3, 

N34, T1, TP33.

154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 25, 40, 52. 

Hydrogendifluoride 

solution, n.o.s.

8 UN3471 .... II ............... 8, 6.1 .................. IB2, T7, TP2 ....... 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 25, 40, 52. 

III .............. 8, 6.1 .................. IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 25, 40, 52. 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78615 

* * * * * * * 

Nitric acid other 

than red fuming with not more than 20 percent nitric acid.

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

B53, IB2, T8, TP2, TP12.

None ......... 158 ........... 242 ........... 1 L ............ 30 L .......... D.

* * * * * * * 

Paint, corrosive, 

flammable (including paint, lacquer, enamel, stain, shellac, varnish, polish, liquid filler and liquid lacquer base).

8 UN3470 .... II ............... 8, 3 ..................... IB2, T7, TP2, 

TP8, TP28.

154 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... B ............... 40. 

Paint related material corrosive, 

flammable (including paint thinning or reducing compound).

8 UN3470 .... II ............... 8, 3 ..................... IB2, T7, TP2, 

TP8, TP28.

154 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... B ............... 40. 

* * * * * * * 

Paint, flammable, 

corrosive (including paint, lacquer, enamel, stain, shellac, varnish, polish, liquid filler and liquid lacquer base).

3 UN3469 .... I ................ 3, 8 ..................... T11, TP2, TP27 None ......... 201 ........... 243 ........... 0.5 L ......... 2.5 L ......... E ............... 40. 

II ............... 3, 8 ..................... IB2, T7, TP2, 

TP8, TP28.

150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40. 

III .............. 3, 8 ..................... IB3, T4, TP1, 

TP29.

150 ........... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40. 

Paint related material, flammable, 

corrosive (including paint thinning or reducing compound.

3 UN3469 .... I ................ 3, 8 ..................... T11, TP2, TP27 None ......... 201 ........... 243 ........... 0.5 L ......... 2.5 L ......... E ............... 40. 

II ............... 3, 8 ..................... IB2, T7, TP2, 

TP8, TP28.

150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40. 

III .............. 3, 8 ..................... IB3, T4, TP1, 

TP29.

150 ........... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40. 

* * * * * * * 

Propionic acid with 

not less than 90% acid by mass.

8 UN3463 .... II ............... 8, 3 ..................... IB2, T7, TP2 ....... 154 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... A..

Propionic acid with 

not less than 10% and less than 90% acid by mass.

8 UN1848 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A..


pwalker on PROD1PC60 with RULES4
78616 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

—Continued 

Symbols 

Hazardous materials descriptions 

and proper shipping names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

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

* * * * * * * 

Regulated medical 

waste, n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO) Medical waste, n.o.s.

6.2 UN3291 .... II ............... 6.2 ...................... A13 ..................... 134 ........... 197 ........... 197 ........... No limit ..... No limit ..... B ............... 40. 

* * * * * * * 

[Revise]: 

* * * * * * * 

Aerosols, non-flammable,(each not 

exceeding 1 L capacity).

2.2 UN1950 .... ................... 2.2 ...................... ............................ 306 ........... None ......... None ......... 75 kg ........ 150 kg ...... A ............... 48, 87, 

126. 

* * * * * * * 

G ................. Amines, flammable, corrosive, 

n.o.s. or Polyamines, flammable, corrosive, n.o.s. 

3 UN2733 .... I ................ 3, 8 ..................... T14, TP1, TP27 None ......... 201 ........... 243 ........... 0.5 L ......... 2.5 L ......... D ............... 40, 52. 

II ............... 3, 8 ..................... IB2, T11, TP1, 

TP27.

150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40, 52. 

III .............. 3, 8 ..................... B1, IB3, T7, TP1, 

TP28.

150 ........... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40, 52. 

* * * * * * * 

Aminopyridines (o-; 

m-; p-).

6.1 UN2671 .... II ............... 6.1 ...................... IB8, IP2, IP4, T3, 

TP33.

153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... B ............... 12, 40, 52. 

I ................... Ammonia, anhydrous. 2.3 UN1005 .... ................... 2.3, 8 .................. 4, T50 ................. None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 52, 57. 

D ................. Ammonia, anhydrous. 2.2 UN1005 .... ................... 2.2 ...................... 13, T50 ............... None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 52, 57. 

D ................. Ammonia solution, 

relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia.

2.2 UN3318 .... ................... 2.2 ...................... 13,T50 ................ None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 52, 57. 

I ................... Ammonia solution, 

relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia.

2.3 UN3318 .... ................... 2.3, 8 .................. 4,T50 .................. None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 52, 57. 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78617 

Ammonia solutions, 

relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia.

8 UN2672 .... III .............. 8 ......................... IB3, IP8, T7, TP1 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 40, 52, 85. 

Ammonia solutions, 

relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia.

2.2 UN2073 .... ................... 2.2 ...................... ............................ 306 ........... 304 ........... 314, 315 ... Forbidden 150 kg ...... E ............... 40, 52, 57. 

* * * * * * * 

Antimony trichloride, solid. 8 UN1733 .... II ............... 8 ......................... IB8, IP2, IP4, T3, TP33. 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 40. 

* * * * * * * 

Articles, explosive, 

extremely insensitive or Articles, EEI.

1.6N UN0486 .... II ............... 1.6N .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

G ................. Articles, explosive, 

n.o.s.

1.4S UN0349 .... II ............... 1.4S .................... ............................ None ......... 62 ............. None ......... 25 kg ........ 100 kg ...... 05.

G ................. Articles, explosive, 

n.o.s.

1.4B UN0350 .... II ............... 1.4B .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 06.

G ................. Articles, explosive, 

n.o.s.

1.4C UN0351 .... II ............... 1.4C .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.

G ................. Articles, explosive, 

n.o.s.

1.4D UN0352 .... II ............... 1.4D .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.

G ................. Articles, explosive, 

n.o.s.

1.4G UN0353 .... II ............... 1.4GD ................. ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.

G ................. Articles, explosive, 

n.o.s.

1.1L UN0354 .... II ............... 1.1L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E, 

15E, 17E. 

G ................. Articles, explosive, 

n.o.s.

1.2L UN0355 .... II ............... 1.2L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E, 

15E, 17E. 

G ................. Articles, explosive, 

n.o.s.

1.3L UN0356 .... II ............... 1.3L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E, 

15E, 17E. 

G ................. Articles, explosive, 

n.o.s.

1.1C UN0462 .... II ............... 1.1C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

G ................. Articles, explosive, 

n.o.s.

1.1D UN0463 .... II ............... 1.1D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

G ................. Articles, explosive, 

n.o.s.

1.1E UN0464 .... II ............... 1.1E .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

G ................. Articles, explosive, 

n.o.s.

1.1F UN0465 .... II ............... 1.1F .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.

G ................. Articles, explosive, 

n.o.s.

1.2C UN0466 .... II ............... 1.2C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

G ................. Articles, explosive, 

n.o.s.

1.2D UN0467I ... I ................ 1.2D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

G ................. Articles, explosive, 

n.o.s.

1.2E UN0468 .... II ............... 1.2E .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

G ................. Articles, explosive, 

n.o.s.

1.2F UN0469 .... II ............... 1.2F .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.


pwalker on PROD1PC60 with RULES4
78618 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

—Continued 

Symbols 

Hazardous materials descriptions 

and proper shipping names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

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

G ................. Articles, explosive, 

n.o.s.

1.3C UN0470 .... II ............... 1.3C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

G ................. Articles, explosive, 

n.o.s.

1.4E UN0471 .... II ............... 1.4E .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.

G ................. Articles, explosive, 

n.o.s.

1.4F UN0472 .... II ............... 1.4F .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.

* * * * * * * 

Batteries, dry, containing potassium hydroxide 

solid, electric, storage.

8 UN3028 .... III .............. 8 ......................... ............................ None ......... 213 ........... None ......... 25 kg gross 230 kg 

gross.

A ............... 52. 

* * * * * * * 

Batteries, wet, filled 

with alkali, electric storage.

8 UN2795 .... III .............. 8 ......................... ............................ 159 ........... 159 ........... 159 ........... 30 kg gross No limit ..... A ............... 52. 

* * * * * * * 

Battery fluid, alkali 8 UN2797 .... II ............... 8 ......................... B2, IB2, N6, T7, 

TP2, TP28.

154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52. 

* * * * * * * 

Benzyl bromide ..... 6.1 UN1737 .... II ............... 6.1, 8 .................. A3, A7, IB2, N33, 

N34, T8, TP2, TP12, TP13.

None ......... 202 ........... 243 ........... 1 L ............ 30 L .......... D ............... 13, 40. 

Benzyl chloride ..... 6.1 UN1738 .... II ............... 6.1, 8 .................. A3, A7, B70, IB2, 

N33, N42, T8, TP2, TP12, TP13.

None ......... 202 ........... 243 ........... 1 L ............ 30 L .......... D ............... 13, 40. 

* * * * * * * 

Caesium hydroxide 8 UN2682 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 

TP33.

154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 29, 52. 

Caesium hydroxide 

solution.

8 UN2681 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52. 

III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 202 ........... 241 ........... 5 L ............ 60 L .......... A ............... 29, 52. 

* * * * * * * 

Calcium hypochlorite, hydrated 

or Calcium hypochlorite, hydrated mixtures, with not less than 5.5 percent but not more than 16 percent water.

5.1 UN2880 .... II ............... 5.1 ...................... 165, IB8, IP2, 

IP4, IP13, W9.

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

52, 56, 58, 69, 142. 

G ................. Caustic alkali liquids, n.o.s. 8 UN1719 .... II ............... 8 ......................... B2, IB2, T11, TP2, TP27. 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52. 

III .............. 8 ......................... IB3, T7, TP1, 

TP28.

154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 29, 52. 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78619 

* * * * * * * 

Charges, shaped, 

flexible, linear.

1.1D UN0288 .... II ............... 1.1D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

* * * * * * * 

Chlorosilanes, corrosive, n.o.s. 8 UN2987 .... II ............... 8 ......................... B2, IB2, T14, TP2, TP27. None ......... 202 ........... 242 ........... 1 L ............ 30 L .......... C ............... 40. 

Chlorosilanes, 

flammable, corrosive, n.o.s.

3 UN2985 .... II ............... 3, 8 ..................... IB1, T11, TP2, 

TP13, TP27.

None ......... 201 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40. 

Chlorosilanes, 

toxic, corrosive, n.o.s.

6.1 UN3361 .... II ............... 6.1, 8 .................. IB1, T11, TP2, 

TP13.

None ......... 202 ........... 243 ........... 1 L ............ 30 L .......... C ............... 40. 

Chlorosilanes, 

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

6.1 UN3362 .... II ............... 6.1, 3, 8 .............. IB1, T11, TP2, 

TP13.

None ......... 202 ........... 243 ........... 1 L ............ 30 L .......... C ............... 40, 125. 

* * * * * * * 

Chromium trioxide, 

anhydrous.

5.1 UN1463 .... II ............... 5.1, 6.1, 8 ........... IB8, IP4, T3, 

TP33.

None ......... 212 ........... 242 ........... 5 kg .......... 25 kg ........ A.

* * * * * * * 

G ................. Components, explosive train, 

n.o.s.

1.2B UN0382 .... II ............... 1.2B .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 11.

G ................. Components, explosive train, 

n.o.s.

1.4B UN0383 .... II ............... 1.4B .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.

G ................. Components, explosive train, 

n.o.s.

1.4S UN0384 .... II ............... 1.4S .................... ............................ None ......... 62 ............. None ......... 25 kg ........ 100 kg ...... 05.

G ................. Components, explosive train, 

n.o.s.

1.1B UN0461 .... II ............... 1.1B .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 11.

* * * * * * * 

G ................. Compressed gas, 

n.o.s.

2.2 UN1956 .... ................... 2.2 ...................... 77 ....................... 306, 307 ... 302, 305 ... 314, 315 ... 75 kg ........ 150 kg ...... A..

* * * * * * * 

Contrivances, 

water-activated, with burster, expelling charge or propelling charge.

1.2L UN0248 .... II ............... 1.2L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E, 

15E, 17E. 

Contrivances, 

water-activated, with burster, expelling charge or propelling charge.

1.3L UN0249 .... II ............... 1.3L .................... ........................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E, 

15E, 17E. 

* * * * * * * 

G ................. Corrosive, liquid, 

acidic, inorganic, n.o.s.

8 UN3264 .... I ................ 8 ......................... A6, B10, T14, 

TP2, TP27.

None ......... 201 ........... 243 ........... 0.5 L ......... 2.5 L ......... B ............... 40. 

II ............... 8 ......................... B2, IB2, T11, 

TP2, TP27.

154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... B ............... 40. 

III .............. 8 ......................... IB3, T7, TP1, 

TP28.

154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 40. 

* * * * * * * 

Dangerous Goods 

in Machinery or Dangerous Goods in Apparatus.

9 UN3363 .... ................... ............................ 136, A105 ........... None ......... 222 ........... None ......... See A105 See A105 A..


pwalker on PROD1PC60 with RULES4
78620 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

—Continued 

Symbols 

Hazardous materials descriptions 

and proper shipping names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

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

* * * * * * * 

Dimethylamine solution. 3 UN1160 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 52. 

* * * * * * * 

1, 3- 

Dimethylbutylamine.

3 UN2379 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 52. 

* * * * * * * 

Dimethylhydrazine, 

symmetrical.

6.1 UN2382 .... I ................ 6.1, 3 .................. 2, B9, B14, B32, 

B74, B77, T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40, 52, 74. 

Dimethylhydrazine, 

unsymmetrical.

6.1 UN1163 .... I ................ 6.1, 3, 8 .............. 2, B7, B9, B14, 

B32, B74, T20, TP2, TP13, TP38, TP45.

None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 21, 38, 40, 

52, 100. 

* * * * * * * 

Disodium 

trioxosilicate.

8 UN3253 .... III .............. 8 ......................... IB8, IP3, T1, 

TP33.

154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 52. 

* * * * * * * 

Ethanolamine or 

Ethanolamine solutions.

8 UN2491 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52. 

* * * * * * * 

Ethylamine, aqueous solution with 

not less than 50 percent but not more than 70 percent ethylamine.

3 UN2270 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40, 52. 

* * * * * * * 

Ethylenediamine ... 8 UN1604 .... II ............... 8, 3 ..................... IB2, T7, TP2 ....... 154 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... A ............... 40, 52. 

* * * * * * * 

1-Ethylpiperidine ... 3 UN2386 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 52. 

* * * * * * * 

Ethyltrichlorosilane 3 UN1196 .... II ............... 3, 8 ..................... A7, IB1, N34, T7, 

TP2, TP13.

None ......... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40. 

* * * * * * * 

Hydrazine, anhydrous. 8 UN2029 .... I ................ 8, 3, 6.1 .............. A3, A6, A7, A10, B7, B16, B53. None ......... 201 ........... 243 ........... Forbidden 2.5 L ......... D ............... 40, 52, 125. 

Hydrazine, aqueous solution, with 

not more than 37 percent hydrazine, by mass.

6.1 UN3293 .... III .............. 6.1 ...................... IB3, T4, TP1 ....... 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ A ............... 52. 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78621 

* * * * * * * 

Hydrazine, aqueous solution, with 

more than 37 % hydrazine, by mass.

8 UN2030 .... I ................ 8, 6.1 .................. B16, B53, T10, 

TP2, TP13.

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

II ............... 8, 6.1 .................. B16, B53, IB2, 

T7, TP2, TP13.

None ......... 202 ........... 243 ........... Forbidden 30 L .......... D ............... 40, 52. 

III .............. 8, 6.1 .................. B16, B53, IB3, 

T4, TP1.

None ......... 203 ........... 241 ........... 5 L ............ 60 L .......... D ............... 40, 52. 

* * * * * * * 

Hydrogen in a 

metal hydride storage system.

2.1 UN3468 .... ................... 2.1 ...................... 167 ..................... None ......... 214 ........... None ......... Forbidden 100 kg 

gross.

D.

* * * * * * * 

Hydrogen peroxide 

and peroxyacetic acid mixtures, stabilized with acids, water, and not more than 5 percent peroxyacetic acid.

5.1 UN3149 .... II ............... 5.1, 8 .................. 145, A2, A3, A6, 

B53, IB2, IP5, T7, TP2, TP6, TP24.

None ......... 202 ........... 243 ........... 1 L ............ 5 L ............ D ............... 25, 66, 75. 

Hydrogen peroxide, 

aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary).

5.1 UN2014 .... II ............... 5.1, 8 .................. 12, B53, B80, 

B81, B85, IB2, IP5, T7, TP2, TP6, TP24, TP37.

None ......... 202 ........... 243 ........... Forbidden Forbidden D ............... 25, 66, 75. 

Hydrogen peroxide, 

aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary).

5.1 UN2014 .... II ............... 5.1, 8 .................. A2, A3, A6, B53, 

IB2, IP5, T7, TP2, TP6, TP24, TP37.

None ......... 202 ........... 243 ........... 1 L ............ 5 L ............ D ............... 25, 66, 75. 

Hydrogen peroxide, 

aqueous solutions with not less than 8 percent but less than 20 percent hydrogen peroxide (stabilized as necessary).

5.1 UN2984 .... III .............. 5.1 ...................... A1, IB2 IP5, T4, 

TP1, TP6, TP24, TP37.

152 ........... 203 ........... 243 ........... 2.5 L ......... 30 L .......... B ............... 25, 66, 75. 

Hydrogen peroxide, 

stabilized or Hydrogen peroxide aqueous solutions, stabilized with more than 60 percent hydrogen peroxide.

5.1 UN2015 .... I ................ 5.1, 8 .................. 12, B53, B80, 

B81, B85, T9, TP2, TP6, TP24, TP37.

None ......... 201 ........... 243 ........... Forbidden Forbidden D ............... 25, 66, 75. 


pwalker on PROD1PC60 with RULES4
78622 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

—Continued 

Symbols 

Hazardous materials descriptions 

and proper shipping names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

* * * * * * * 

Hypochlorite solutions. 8 UN1791 .... II ............... 8 ......................... A7, B2, B15, IB2, IP5, N34, T7, 

TP2, TP24.

154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... B ............... 26. 

* * * * * * * 

Lead phosphite, dibasic. 4.1 UN2989 .... II ............... 4.1 ...................... IB8, IP2, IP4, T3, TP33. None ......... 212 ........... 240 ........... 15 kg ........ 50 kg ........ B ............... 34. 

III .............. 4.1 ...................... IB8, IP3, T1, 

TP33.

151 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... B ............... 34. 

* * * * * * * 

Lithium hydroxide .. 8 UN2680 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 

TP33.

154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52. 

Lithium hydroxide, 

solution.

8 UN2679 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52. 

III .............. 8 ......................... IB3, T4, TP2 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 29, 52, 96. 

* * * * * * * 

Methylamine, 

aqueous solution.

3 UN1235 .... II ............... 3, 8 ..................... B1, IB2, T7, TP1 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ E ............... 52, 135. 

* * * * * * * 

Methylhydrazine .... 6.1 UN1244 .... I ................ 6.1, 3, 8 .............. 1, B7, B9, B14, 

B30, B72, B77, N34, T22, TP2, TP13, TP38, TP44.

None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 21, 40, 49, 

52, 100. 

* * * * * * * 

Methylphenyldichlorosilane. 8 UN2437 .... II ............... 8 ......................... IB2, T7, TP2, TP13. None ......... 202 ........... 242 ........... 1 L ............ 30 L .......... C ............... 40. 

1-Methylpiperidine 3 UN2399 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 52. 

* * * * * * * 

+ .................. Motor fuel antiknock mixtures. 6.1 UN1649 .... I ................ 6.1 ...................... 14, 151, B9, B90, T14, TP2, 

TP13.

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

* * * * * * * 

G ................. Organoarsenic 

compound, liquid, n.o.s.

6.1 UN3280 .... I ................ 5, T14, TP2, 

TP13, TP27.

None ................... 201 ........... 242 ........... 1 L ............ 30 L .......... B ............... 6.1.

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

TP27.

153 ........... 202 ........... 242 ........... 5L ............. 60L ........... B.

III .............. 6.1 ...................... IB3, T7, TP1, 

TP28.

153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ A.

* * * * * * * 

G ................. Organometallic 

substance, solid, pyrophoric.

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


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78623 

G ................. Organometallic 

substance, solid, pyrophoric, water-reactive.

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

TP33.

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

* * * * * * * 

Paint including 

paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler and liquid lacquer base.

3 UN1263 .... I ................ 3 ......................... T11, TP1, TP8, 

TP27.

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

II ............... 3 ......................... 149, B52, IB2, 

T4, TP1, TP8, TP28.

150 ........... 173 ........... 242 ........... 5 L ............ 60 L .......... B.

III .............. 3 ......................... B1, B52, IB3, T2, 

TP1, TP29.

150 ........... 173 ........... 242 ........... 60 L .......... 220 L ........ A.

Paint or Paint related materials. 8 UN3066 .... II ............... 8 ......................... B2, IB2, T7, TP2, TP28. 154 ........... 173 ........... 242 ........... 1 L ............ 30 L .......... A.

III .............. 8 ......................... B52, IB3, T4, 

TP1, TP29.

154 ........... 173 ........... 241 ........... 5 L ............ 60 L .......... A.

Paint related material including 

paint thinning, drying, removing, or reducing compound.

3 UN1263 .... I ................ 3 ......................... T11, TP1, TP8, 

TP27.

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

II ............... 3 ......................... 149, B52, IB2, 

T4, TP1, TP8, TP28.

150 ........... 173 ........... 242 ........... 5 L ............ 60 L .......... B.

III .............. 3 ......................... B1, B52, IB3, T2, 

TP1, TP29.

150 ........... 173 ........... 242 ........... 60 L .......... 220 L ........ A.

* * * * * * * 

Plastic molding 

compound in dough, sheet or extruded rope form evolving flammable vapor.

9 UN3314 .... III .............. 9 ......................... 32, IB8, IP3, IP7 155 ........... 221 ........... 221 ........... 100 kg ...... 200 kg ...... E ............... 19, 21, 25, 

87, 144. 

* * * * * * * 

Polymeric beads 

expandable, evolving flammable vapor.

9 UN2211 .... III .............. 9 ......................... 32, IB8, IP3, IP7, 

T1, TP33.

155 ........... 221 ........... 221 ........... 100 kg ...... 200 kg ...... E ............... 19, 21. 25, 

87, 144. 

* * * * * * * 

Potassium hydroxide, solid. 8 UN1813 .... II ............... 8 ......................... IB8, IP2, IP4, T3, TP33. 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52. 

Potassium hydroxide, solution. 8 UN1814 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 52. 

III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52. 

* * * * * * * 

Potassium monoxide. 8 UN2033 .... II ............... 8 ......................... IB8, IP2, IP4, T3, TP33. 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 29, 52. 

* * * * * * * 

Pyrrolidine ............. 3 UN1922 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40, 52 

* * * * * * * 

Rubidium hydroxide. 8 UN2678 .... II ............... 8 ......................... IB8, IP2, IP4, T3, TP33. 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 29, 52. 


pwalker on PROD1PC60 with RULES4
78624 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

§ 172.101 HAZARDOUS

MATERIALS

TABLE

—Continued 

Symbols 

Hazardous materials descriptions 

and proper shipping names 

Hazard 

class or division 

Identification numbers PG Label codes Special provisions 

(§ 172.102) 

(8) 

Packaging 

(§ 173.***) 

(9) 

Quantity limitations 

(10) 

Vessel stowage 

Exceptions Non-bulk Bulk 

Passenger 

aircraft/rail 

Cargo aircraft only Location Other 

Rubidium hydroxide solution. 8 UN2677 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52. 

III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 29, 52. 

* * * * * * * 

Soda lime with 

more than 4 percent sodium hydroxide.

8 UN1907 .... III .............. 8 ......................... IB8, IP3, T1, 

TP33.

154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 52. 

* * * * * * * 

Sodium aluminate, 

solution.

8 UN1819 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 52. 

III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52. 

* * * * * * * 

Sodium hydrosulfide, with less 

than 25 percent water of crystallization.

4.2 UN2318 .... II ............... 4.2 ...................... A7, A19, A20, 

IB6, IP2, T3, TP33.

None ......... 212 ........... 241 ........... 15 kg ........ 50 kg ........ A ............... 52. 

* * * * * * * 

Sodium hydroxide, 

solid.

8 UN1823 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 

TP33.

154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52. 

Sodium hydroxide 

solution.

8 UN1824 .... II ............... 8 ......................... B2, IB2, N34, T7, 

TP2.

154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 52. 

III .............. 8 ......................... IB3, N34, T4, 

TP1.

154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52. 

* * * * * * * 

Sodium monoxide 8 UN1825 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 

TP33.

154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52. 

* * * * * * * 

Sodium sulfide, hydrated with not 

less than 30 percent water.

8 UN1849 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 

TP33.

154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52. 

* * * * * * * 

G ................. Substances, explosive, n.o.s. 1.1L UN0357 .... II ............... 1.1L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden ................... 8E, 14E, 15E, 

17E. 

G ................. Substances, explosive, n.o.s. 1.2L UN0358 .... II ............... 1.2L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden ................... 8E, 14E, 15E, 

17E. 

G ................. Substances, explosive, n.o.s. 1.3L UN0359 .... II ............... 1.3L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden ................... 8E, 14E, 15E, 

17E. 

G ................. Substances, explosive, n.o.s. 1.1A UN0473 .... II ............... 1.1A .................... 111 ..................... None ......... 62 ............. None ......... Forbidden Forbidden 12.

G ................. Substances, explosive, n.o.s. 1.1C UN0474 .... II ............... 1.1C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 10.

G ................. Substances, explosive, n.o.s. 1.1D UN0475 .... II ............... 1.1D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 10.

G ................. Substances, explosive, n.o.s. 1.1G UN0476 .... II ............... 1.1G ................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78625 

G ................. Substances, explosive, n.o.s. 1.3C UN0477 .... II ............... 1.3C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 10.

G ................. Substances, explosive, n.o.s. 1.3G UN0478 .... II ............... 1.3G ................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.

G ................. Substances, explosive, n.o.s. 1.4C UN0479 .... II ............... 1.4C .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 09.

G ................. Substances, explosive, n.o.s. 1.4D UN0480 .... II ............... 1.4D .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 09.

G ................. Substances, explosive, n.o.s. 1.4S UN0481 .... II ............... 1.4S .................... ............................ None ......... 62 ............. None ......... 25 kg ........ 75 kg ........ 05.G ................. Substances, explosive, n.o.s. 1.4G UN0485 .... II ............... 1.4G ................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 08.

G ................. Substances, explosive, very insensitive, n.o.s.or 

Substances,EVI, n.o.s. 

1.5D UN0482 .... II ............... 1.5D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 10.

* * * * * * * 

I ................... Sulfur ..................... 4.1 UN1350 .... III .............. 4.1 ...................... 30, IB8, IP3, T1, 

TP33.

None ......... None ......... 240 ........... 25 kg ........ 100 kg ...... A ............... 19, 74. 

* * * * * * * 

Tetraethylenepentamine. 8 UN2320 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52. 

* * * * * * * 

Trimethylchlorosilane. 3 UN1298 .... II ............... 3, 8 ..................... A3, A7, B77, IB2, N34, T7, TP2, 

TP13.

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

* * * * * * * 

Vinylpyridines, stabilized. 6.1 UN3073 .... II ............... 6.1, 3, 8 .............. IB1, T7, TP2, TP13. 153 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... B ............... 21, 40, 52. 

* * * * * * * 


pwalker on PROD1PC60 with RULES4
78626 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

* * * * * 

■ 6. In Appendix B to § 172.101, the List 

of Marine Pollutants, the entry ‘‘Copper 

chloride’’ is amended by adding the 

designation ‘‘PP’’ in Column (1) and the 

entries ‘‘Alcohol C–13—C–15 poly (1–6) 

ethoxylate’’ and ‘‘1,2-Dichlorobenzene’’

are removed. 

■ 7. In § 172.102, paragraph (c)(1), 

Special Provisions 15, 47, 77, 146, 147, 

and 166 are revised; new Special 

Provision 175 is added; Special 

Provision 101 is removed; and in 

paragraph (c)(2), new Special Provision 

A105 is added. 

The revisions and additions read as 

follows: 

§ 172.102 Special provisions. 

* * * * * 

(c) * * * 

(1) * * * 

Code/Special Provisions 

* * * * * 

15 This entry applies to ‘‘Chemical 

kits’’ and ‘‘First aid kits’’ containing one 

or more compatible items of hazardous 

materials in boxes, cases, etc. that, for 

example, are used for medical, 

analytical, diagnostic, testing, or repair 

purposes. For transportation by aircraft, 

materials forbidden for transportation 

by passenger aircraft or cargo aircraft 

may not be included in the kits. 

Chemical kits and first aid kits are 

excepted from the specification 

packaging requirements of this 

subchapter when packaged in 

combination packagings. Chemical kits 

and first aid kits are also excepted from 

the labeling and placarding 

requirements of this subchapter, except 

when offered for transportation or 

transported by air. Chemical and first 

aid kits may be transported in 

accordance with the consumer 

commodity and ORM exceptions in 

§ 173.156, provided they meet all 

required conditions. Kits that are carried 

on board transport vehicles for first aid 

or operating purposes are not subject to 

the requirements of this subchapter. 

* * * * * 

47 Mixtures of solids that are not 

subject to this subchapter and 

flammable liquids may be transported 

under this entry without first applying 

the classification criteria of Division 4.1, 

provided there is no free liquid visible 

at the time the material is loaded or at 

the time the packaging or transport unit 

is closed. Except when the liquids are 

fully absorbed in solid material 

contained in sealed bags, each 

packaging must correspond to a design 

type that has passed a leakproofness test 

at the Packing Group II level. Small 

inner packagings consisting of sealed 

packets and articles containing less than 

10 mL of a Class 3 liquid in Packing 

Group II or III absorbed onto a solid 

material are not subject to this 

subchapter provided there is no free 

liquid in the packet or article. 

* * * * * 

77 Mixtures containing not more 

than 23.5% oxygen by volume may be 

transported under this entry when no 

other oxidizing gases are present. A 

Division 5.1 subsidiary risk label is not 

required if this special provision 

applies. 

* * * * * 

146 This description may be used 

for a material that poses a hazard to the 

environment but does not meet the 

definition for a hazardous waste or a 

hazardous substance, as defined in 

§ 171.8 of this subchapter, or any hazard 

class, as defined in part 173 of this 

subchapter, if it is designated as 

environmentally hazardous by another 

Competent Authority. This provision 

may be used for both domestic and 

international shipments. 

147 This entry applies to nonsensitized emulsions, suspensions, and 

gels consisting primarily of a mixture of 

ammonium nitrate and fuel, intended to 

produce a Type E blasting explosive 

only after further processing prior to 

use. The mixture for emulsions typically 

has the following composition: 60–85% 

ammonium nitrate; 5–30% water; 2–8% 

fuel; 0.5–4% emulsifier or thickening 

agent; 0–10% soluble flame 

suppressants; and trace additives. Other 

inorganic nitrate salts may replace part 

of the ammonium nitrate. The mixture 

for suspensions and gels typically has 

the following composition: 60–85% 

ammonium nitrate; 0–5% sodium or 

potassium perchlorate; 0–17% 

hexamine nitrate or monomethylamine 

nitrate; 5–30% water; 2–15% fuel; 0.5–

4% thickening agent; 0–10% soluble 

flame suppressants; and trace additives. 

Other inorganic nitrate salts may replace 

part of the ammonium nitrate. These 

substances must satisfactorily pass Test 

Series 8 of the UN Manual of Tests and 

Criteria, Part I, Section 18 (IBR, see 

§ 171.7 of this subchapter), and may not 

be classified and transported unless 

approved by the Associate 

Administrator. 

* * * * * 

166 When transported in non-friable 

tablet form, calcium hypochlorite, dry, 

may be transported as a Packing Group 

III material. 

* * * * * 

175 This substance must be 

stabilized when in concentrations of not 

more than 99%. 

(2) * * * 

Code/Special Provisions 

* * * * * 

A105 The total net quantity of 

dangerous goods contained in one 

package, excluding magnetic material, 

must not exceed the following: 

a. 1 kg (2.2 pounds) in the case of 

solids; 

b. 0.5 L (0.1 gallons) in the case of 

liquids; 

c. 0.5 kg (1.1 pounds) in the case of 

Division 2.2 gases; or 

d. any combination thereof. 

■ 8. In § 172.202, paragraphs (a) and (b) 

are revised to read as follows: 

§ 172.202 Description of hazardous 

material shipping papers. 

(a) The shipping description of a 

hazardous material on the shipping 

paper must include: 

(1) The identification number 

prescribed for the material as shown in 

Column (4) of the § 172.101 table; 

(2) The proper shipping name 

prescribed for the material in Column 

(2) of the § 172.101 table; 

(3) The hazard class or division 

number prescribed for the material, as 

shown in Column (3) of the § 172.101 

table. Except for combustible liquids, 

the subsidiary hazard class(es) or 

subsidiary division number(s) must be 

entered in parentheses immediately 

following the primary hazard class or 

division number. In addition—

(i) The words ‘‘Class’’ or ‘‘Division’’

may be included preceding the primary 

and subsidiary hazard class or division 

numbers. 

(ii) The hazard class need not be 

included for the entry ‘‘Combustible 

liquid, n.o.s.’’

(iii) For domestic shipments, primary 

and subsidiary hazard class or division 

names may be entered following the 

numerical hazard class or division, or 

following the basic description. 

(4) The packing group in Roman 

numerals, as designated for the 

hazardous material in Column (5) of the 

§ 172.101 table. Class 1 (explosives) 

materials, self-reactive substances, 

organic peroxides and entries that are 

not assigned a packing group are 

excepted from this requirement. The 

packing group may be preceded by the 

letters ‘‘PG’’ (for example, ‘‘PG II’’); and 

(5) Except for transportation by 

aircraft, the total quantity of hazardous 

materials covered by the description 

must be indicated (by mass or volume, 

or by activity for Class 7 materials) and 

must include an indication of the 

applicable unit of measurement. For 

example, ‘‘200 kg’’ or ‘‘50 L.’’ The 

following provisions also apply: 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78627 

(i) For Class 1 materials, the quantity 

must be the net explosive mass. For an 

explosive that is an article, such as 

Cartridges, small arms, the net explosive 

mass may be expressed in terms of the 

net mass of either the article or the 

explosive materials contained in the 

article. 

(ii) For hazardous materials in salvage 

packaging, an estimate of the total 

quantity is acceptable. 

(iii) The following are excepted from 

the requirements of paragraph (a)(5) of 

this section: 

(A) Bulk packages, provided some 

indication of the total quantity is 

shown, for example, ‘‘1 cargo tank’’ or 

‘‘2 IBCs.’’

(B) Cylinders, provided some 

indication of the total quantity is 

shown, for example, ‘‘10 cylinders.’’

(C) Packages containing only residue. 

(6) For transportation by aircraft, the 

total net mass per package, must be 

shown unless a gross mass is indicated 

in Columns (9A) or (9B) of the § 172.101 

table in which case the total gross mass 

per package must be shown; or, for Class 

7 materials, the quantity of radioactive 

material must be shown by activity. The 

following provisions also apply: 

(i) For empty uncleaned packaging, 

only the number and type of packaging 

must be shown; 

(ii) For chemical kits and first aid kits, 

the total net mass of hazardous 

materials must be shown. Where the kits 

contain solids and/or liquids, the net 

mass of liquids within the kits is to be 

calculated on a 1 to 1 basis, i.e., 1 L 

equals 1 kg; 

(iii) For dangerous goods in 

machinery or apparatus, the individual 

total quantities or an estimate of the 

individual total quantities of dangerous 

goods in solid, liquid or gaseous state, 

contained in the article must be shown; 

(iv) For dangerous goods transported 

in a salvage packaging, an estimate of 

the quantity of dangerous goods per 

package must be shown; 

(v) For cylinders, total quantity may 

be indicated by the number of cylinders, 

for example, ‘‘10 cylinders;’’

(vi) For items where ‘‘No Limit’’ is 

shown in Column (9A) or (9B) of the 

§ 172.101 table, the quantity shown 

should be the net mass or volume of the 

material, except for UN2800, UN3072, 

and UN3166 where the quantity should 

be the gross mass of the article; and 

(7) The number and type of packages 

must be indicated. The type of packages 

must be indicated by description of the 

package (for example, ‘‘12 drums’’). 

Indication of the packaging specification 

number (‘‘1H1’’) may be included in the 

description of the package (for example, 

‘‘12 1H1 drums’’ or ‘‘12 drums (UN 

1A1)’’). Abbreviations may be used for 

indicating packaging types (for example, 

‘‘cyl.’’ for ‘‘cylinder’’) provided the 

abbreviations are commonly accepted 

and recognizable. 

(b) Except as provided in this subpart, 

the basic description specified in 

paragraphs (a)(1), (2), (3) and (4) of this 

section must be shown in sequence with 

no additional information interspersed. 

For example, ‘‘UN2744, Cyclobutyl 

chloroformate, 6.1, (8, 3), PG II.’’

* * * * * 

■ 9. In § 172.312, paragraphs (a) 

introductory text, and (a)(2) 

introductory text are revised and a new 

paragraph (c)(7) is added to read as 

follows: 

§ 172.312 Liquid hazardous materials in 

non-bulk packaging. 

(a) Except as provided in this section, 

each non-bulk combination package 

having inner packagings containing 

liquid hazardous materials, single 

packaging fitted with vents, or open 

cryogenic receptacle intended for the 

transport of refrigerated liquefied gases 

must be: 

(1) * * * 

(2) Legibly marked with package 

orientation markings that are similar to 

the illustration shown in this paragraph, 

on two opposite vertical sides of the 

package with the arrows pointing in the 

correct upright direction. The arrows 

must be either black or red on white or 

other suitable contrasting background 

and commensurate with the size of the 

package. Depicting a rectangular border 

around the arrows is optional. 

* * * * * 

(c) * * * 

(7) Class 7 radioactive material in 

Type A, IP–2, IP–3, Type B(U), or Type 

B(M) packages. 

■ 10. In § 172.407, paragraph (d)(2)(i) is 

amended by removing ‘‘; and’’ at the 

end of the paragraph and adding a 

period in its place, and paragraph 

(d)(2)(iii) is added to read as follows: 

§ 172.407 Label specifications. 

* * * * * 

(d) * * * 

(2) * * * 

(iii) White may be used for the symbol 

for the ORGANIC PEROXIDE label. 

* * * * * 

■ 11. Section 172.427 is revised to read 

as follows: 

§ 172.427 ORGANIC PEROXIDE label. 

(a) Except for size and color, the 

ORGANIC PEROXIDE label must be as 

follows: 


pwalker on PROD1PC60 with RULES4
78628 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

(b) In addition to complying with 

§ 172.407, the background on the 

ORGANIC PEROXIDE label must be red 

in the top half and yellow in the lower 

half. 

■ 12. Section 172.552 is revised to read 

as follows: 

§ 172.552 ORGANIC PEROXIDE placard. 

(a) Except for size and color, the 

ORGANIC PEROXIDE placard must be 

as follows: 


pwalker on PROD1PC60 with RULES4ER29DE06.000</GPH>
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78629 

(b) In addition to complying with 

§ 172.519, the background on the 

ORGANIC PEROXIDE placard must be 

red in the top half and yellow in the 

lower half. The text, division number 

and inner border must be black; the 

symbol may be either black or white. 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 13. 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. 

■ 14. Section 173.9 is revised to read as 

follows: 

§ 173.9 Transport vehicles or freight 

containers containing lading which has 

been fumigated. 

(a) For the purpose of this section, not 

including 49 CFR part 387, a rail car, 

freight container, truck body, or trailer 

in which the lading has been fumigated 

with any material, or is undergoing 

fumigation, is a package containing a 

hazardous material. 

(b) No person may offer for 

transportation or transport a rail car, 

freight container, truck body, or trailer 

in which the lading has been fumigated 

or treated with any material, or is 

undergoing fumigation, unless the 

FUMIGANT marking specified in 

paragraph (e) of this section is 

prominently displayed so that it can be 

seen by any person attempting to enter 

the interior of the transport vehicle or 

freight container. For domestic 

transportation, a hazard warning label 

authorized by EPA under 40 CFR part 

156 may be used as an alternative to the 

FUMIGANT marking. 

(c) No person may affix or display on 

a rail car, freight container, truck body, 


pwalker on PROD1PC60 with RULES4Er29de06.001</GPH>
78630 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

or trailer the FUMIGANT marking 

specified in paragraph (e) of this 

section, unless the lading has been 

fumigated or is undergoing fumigation. 

(d) The FUMIGANT marking required 

by paragraph (b) of this section must 

remain on the rail car, freight container, 

truck body, or trailer until the rail car, 

freight container, truck body, or trailer 

has been completely ventilated either by 

opening the doors of the unit or by 

mechanical ventilation to ensure no 

harmful concentration of gas remains 

after fumigation has been completed. 

(e) FUMIGANT marking. (1) The 

FUMIGANT marking must consist of red 

or black letters on a white background 

that is at least 30 cm (11.8 inches) wide 

and at least 25 cm (9.8 inches) high. 

Except for size and color, the 

FUMIGANT marking must be as 

follows: 


pwalker on PROD1PC60 with RULES4ER29DE06.002</GPH>
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78631 

(2) The ‘‘*’’ shall be replaced with the 

technical name of the fumigant. 

(f) A closed cargo transport unit that 

has been fumigated is not subject to any 

other provisions of this subchapter if 

it—

(1) Has been completely ventilated 

either by opening the doors of the unit 

or by mechanical ventilation after 

fumigation, and 

(2) Displays the FUMIGANT marking, 

including the date of ventilation. 

(g) For international shipments, 

transport documents should indicate the 

date of fumigation, type and amount of 

fumigant used, and instructions for 

disposal of any residual fumigant, 

including fumigation devices. 

(h) Any person subject to the 

requirements of this section, solely due 

to the fumigated lading, must be 

informed of the requirements of this 

section and the safety precautions 

necessary to protect themselves and 

others in the event of an incident or 

accident involving the fumigated lading. 

(i) Any person who offers for 

transportation or transports a rail car, 

freight container, truck body or trailer 

that is subject to this subchapter solely 

because of the hazardous materials 

designation specified in paragraph (a) of 

this section is not subject to any 

requirements of this subchapter other 

than those contained in this section. 

§ 173.35 [Amended] 

■ 15. In § 173.35, in paragraph (k), the 

wording ‘‘60.5 °C (141 °F)’’ is removed 

and the wording ‘‘60 °C (140 °F)’’ is 

added in its place. 

■ 16. In § 173.115, paragraphs (b)(1) and 

(k)(5) are revised to read as follows: 

§ 173.115 Class 2, Divisions 2.1, 2.2, and 

2.3—Definitions. 

* * * * * 

(b) * * * 

(1) Exerts in the packaging an absolute 

pressure of 280 kPa (40.6 psia) or greater 

at 20 °C (68 °F ), or is a cryogenic liquid, 

and 

* * * * * 

(k) * * * 

(5) When the contents are classified as 

Division 6.1, PG III or Class 8, PG II or 

III, the aerosol must be assigned a 

subsidiary hazard of Division 6.1 or 

Class 8, as appropriate. 

* * * * * 

§ 173.120 [Amended] 

■ 17. In § 173.120, in paragraphs (a) 

introductory text, (a)(2) and (b)(1), the 

wording ‘‘60.5 °C (141 °F )’’ is removed 

and the wording ‘‘60 °C (140 °F )’’ is 

added each place it appears. 

§ 173.121 [Amended] 

■ 18. In § 173.121, in the paragraph (a) 

table, in Column (2), for the entry 

Packing group ‘‘III’’, the wording ‘‘≥ 23 

°C, ≤ 60.5 °C (≥ 73 °F, ≤ 141 °F)’’ is 

removed and the wording ‘‘≥23 °C, ≤ 60 

°C (≥ 73 °F, ≤ 140 °F)’’ is added in its 

place. 

■ 19. In § 173.124, a new paragraph 

(a)(2)(i)(D)(3) is added to read as 

follows: 

§ 173.124 Class 4, Divisions 4.1, 4.2 and 

4.3—Definitions. 

(a) * * * 

(2) * * * 

(i) * * * 

(D) * * * 

* * * * * 

(3) It is an oxidizing substance in 

Division 5.1 containing less than 5.0% 

combustible organic substances; or 

* * * * * 

■ 20. In § 173.133, in paragraph (a)(1), 

the table is revised to read as follows: 

§ 173.133 Assignment of packing group 

and hazard zones for Division 6.1 materials. 

(a) * * * 

(1) * * * 

Packing group Oral toxicity LD50 (mg/kg) Dermal toxicity LD50

(mg/kg) 

Inhalation toxicity by dusts 

and mists LC50 (mg/L) 

I ..................................................................................... ≤5.0 ..................................... ≤50 ..................................... ≤0.2 

II .................................................................................... >5.0 and ≤50 ...................... >50 and ≤200 ..................... >0.2 and ≤2.0 

III ................................................................................... >50 and ≤300 ..................... >200 and ≤1000 ................. >2.0 and ≤4.0 

* * * * * 

■ 21. In § 173.134, paragraph (a)(5) is 

revised to read as follows: 

§ 173.134 Class 6, Division 6.2—

Definitions and exceptions. 

(a) * * * 

(5) Regulated medical waste or 

clinical waste or (bio) medical waste 

means a waste or reusable material 

derived from the medical treatment of 

an animal or human, which includes 

diagnosis and immunization, or from 

biomedical research, which includes the 

production and testing of biological 

products. Regulated medical waste or 

clinical waste or (bio) medical waste 

containing a Category A infectious 

substance must be classed as an 

infectious substance, and assigned to 

UN2814 or UN2900, as appropriate. 

* * * * * 

■ 22. In § 173.136, paragraph (d) is 

removed and the last sentence in 

paragraph (a) is revised to read as 

follows: 

§ 173.136 Class 8—Definitions. 

(a) * * * A liquid, or a solid which 

may become liquid during 

transportation, that has a severe 

corrosion rate on steel or aluminum 

based on the criteria in § 173.137(c)(2) is 

also a corrosive material. 

* * * * * 

■ 23. In § 173.137, paragraph (c)(2) is 

revised to read as follows: 

§ 173.137 Class 8—Assignment of packing 

group. 

* * * * * 

(c) * * * 

(2) That do not cause full thickness 

destruction of intact skin tissue but 

exhibit a corrosion on steel or 

aluminum surfaces exceeding 6.25 mm 

(0.25 inch) a year at a test temperature 

of 55 °C (130 °F). The corrosion may be 

determined in accordance with the UN 

Manual of Tests and Criteria (IBR, see 

§ 171.7 of this subchapter) or other 

equivalent test methods. 

■ 24. In § 173.159, paragraphs (a), (c)(1), 

(c)(2), (c)(4), (c)(5), (d)(1) and (e)(2) are 

revised to read as follows: 

§ 173.159 Batteries, wet. 

(a) Electric storage batteries, 

containing electrolyte acid or alkaline 

corrosive battery fluid, must be 

completely protected so that short 

circuits will be prevented (e.g., by the 

use of non-conductive caps that entirely 

cover the terminals); they may not be 

packed with other materials except as 

provided in paragraphs (g) and (h) of 

this section and in §§ 173.220 and 

173.222. For transportation by aircraft, 

the packaging for wet cell batteries must 

incorporate an acid- or alkali-proof 

liner, or include a supplementary 

packaging with sufficient strength and 

be adequately sealed to prevent leakage 

of electrolyte fluid in the event of 

spillage. 

* * * * * 

(c) * * * 


pwalker on PROD1PC60 with RULES4
78632 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

(1) Electric storage batteries protected 

against short circuits (e.g., by the use of 

non-conductive caps that entirely cover 

the terminals) and firmly secured to 

skids or pallets capable of withstanding 

the shocks normally incident to 

transportation, are authorized for 

transportation by rail, highway, or 

water. The height of the completed unit 

must not exceed 11⁄2 times the width of 

the skid or pallet. The unit must be 

capable of withstanding, without 

damage, a superimposed weight equal to 

two times the weight of the unit or, if 

the weight of the unit exceeds 907 kg 

(2000 pounds), a superimposed weight 

of 1814 kg (4000 pounds). Battery 

terminals must not be relied upon to 

support any part of the superimposed 

weight. 

(2) Electric storage batteries weighing 

225 kg (500 pounds) or more, consisting 

of carriers’ equipment, may be shipped 

by rail when mounted on suitable skids 

and protected against short circuits (e.g., 

by the use of non-conductive caps that 

entirely cover the terminals). Such 

shipments may not be offered in 

interchange service. 

* * * * * 

(4) Not more than four batteries not 

over 7 kg (15 pounds) each, packed in 

strong outer fiberboard or wooden 

boxes. Batteries must be securely 

cushioned and packed to prevent short 

circuits (e.g., by the use of nonconductive caps that entirely cover the 

terminals). The maximum authorized 

gross weight is 30 kg (65 pounds). 

(5) Not more than five batteries not 

over 4.5 kg (10 pounds) each, packed in 

strong outer fiberboard or wooden 

boxes. Batteries must be securely 

cushioned and packed to prevent short 

circuits (e.g., by the use of nonconductive caps that entirely cover the 

terminals). The maximum authorized 

gross weight is 30 kg (65 pounds). 

* * * * * 

(d) * * * 

(1) The battery must be protected 

against short circuits (e.g., by the use of 

non-conductive caps that entirely cover 

the terminals) and securely packaged; 

* * * * * 

(e) * * * 

(2) The batteries must be loaded or 

braced so as to prevent damage and 

short circuits in transit (e.g., by the use 

of non-conductive caps that entirely 

cover the terminals); 

* * * * * 

■ 25. In § 173.166, paragraph (d)(1) is 

revised to read as follows: 

§ 173.166 Air bag inflators, air bag 

modules and seat-belt pretensioners. 

* * * * * 

(d) * * * 

(1) An air bag module or seat-belt 

pretensioner that has been approved by 

the Associate Administrator and is 

installed in a motor vehicle, aircraft, 

boat or other transport conveyance or its 

completed components, such as steering 

columns or door panels, is not subject 

to the requirements of this subchapter. 

* * * * * 

■ 26. Section 173.187 is revised to read 

as follows: 

§ 173.187 Pyrophoric solids, metals or 

alloys, n.o.s. 

Packagings for pyrophoric solids, 

metals, or alloys, n.o.s. must conform to 

the requirements of part 178 of this 

subchapter at the packing group 

performance level specified in the 

§ 172.101 Table. These materials must 

be packaged as follows: 

(a) In steel boxes (4A) and contain not 

more than 15 kg (33 pounds) each. 

(b) In wooden boxes (4C1, 4C2, 4D, or 

4F) with inner metal receptacles which 

have a positive (not friction) means of 

closure and contain not more than 15 kg 

(33 pounds) each. 

(c) In fiberboard boxes (4G) with inner 

metal receptacles which have a positive 

(not friction) means of closure and 

contain not more than 7.5 kg (17 

pounds) each. 

(d) In steel drums (1A1 or 1A2) with 

a gross mass not exceeding 150 kg (331 

pounds) per drum. 

(e) In plywood drums (1D) with inner 

metal receptacles which have a positive 

(not friction) means of closure and 

contain not more than 15 kg (33 pounds) 

each. 

(f) In fiber drums (1G) with inner 

metal receptacles which have a positive 

(not friction) means of closure and 

contain not more than 15 kg (33 pounds) 

each. 

(g) In specification cylinders, as 

prescribed for any compressed gas, 

except for Specifications 8 and 3HT. 

■ 27. In § 173.197, paragraph (a), the 

first sentence in paragraph (b), and the 

first sentence in paragraph (e)(2) are 

revised to read as follows: 

§ 173.197 Regulated medical waste. 

(a) General provisions. Non-bulk 

packagings, Large Packagings, and nonspecification bulk outer packagings used 

for the transportation of regulated 

medical waste or clinical waste or (bio) 

medical waste must be rigid containers 

meeting the provisions of subpart B of 

this part. 

(b) * * * Except as provided in 

§ 173.134(c) of this subpart, non-bulk 

packagings for regulated medical waste 

or clinical waste or (bio) medical waste 

must be UN standard packagings 

conforming to the requirements of Part 

178 of this subchapter at the Packing 

Group II performance level. * * * 

* * * * * 

(e) * * * 

(2) * * *Liquid regulated medical 

waste or clinical waste or (bio) medical 

waste transported in a Large Packaging, 

Cart, or BOP must be packaged in a rigid 

inner packaging conforming to the 

provisions of subpart B of this part. 

* * * * * 

■ 28. In § 173.216, paragraph (c)(3) is 

revised and paragraph (c)(4) is removed 

to read as follows: 

§ 173.216 Asbestos, blue, brown or white. 

* * * * * 

(c) * * * 

(3) Bags or other non-rigid packagings 

which are dust and sift proof must be 

placed in rigid outer packagings or 

closed freight containers. 

■ 29. In § 173.220, paragraphs 

(b)(2)(ii)(B)(3), (c) and (d) are revised to 

read as follows: 

§ 173.220 Internal combustion engines, 

self-propelled vehicles, mechanical 

equipment containing internal combustion 

engines, and battery powered vehicles or 

equipment. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(B) * * * 

(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 

* * * * * 

(c) Battery powered or installed. 

Batteries must be securely installed, and 

wet batteries fastened in an upright 

position. Batteries must be protected 

against short circuits (e.g., by the use of 

non-conductive caps that entirely cover 

the terminals) and leakage or removed 

and packaged separately under 

§ 173.159. Battery powered vehicles, 

machinery or equipment including 

battery powered wheelchairs and 

mobility aids are excepted from the 

requirements of this subchapter when 

transported by rail, highway or vessel. 

(d) Lithium batteries. Except as 

provided in § 172.102, Special Provision 

A102, of this subchapter, vehicles and 

machinery powered by primary lithium 

batteries that are transported with these 

batteries installed are forbidden aboard 

passenger-carrying aircraft. Lithium 

batteries contained in vehicles or 

engines must be securely fastened in the 

battery holder of the vehicle or engine, 

and be protected in such a manner as to 

prevent damage and short circuits (e.g., 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78633 

by the use of non-conductive caps that 

entirely cover the terminals). Lithium 

batteries must be of a type that have 

successfully passed each test in the UN 

Manual of Tests and Criteria as 

specified in § 173.185, unless approved 

by the Associate Administrator. 

Equipment, other than vehicles or 

engines, containing lithium batteries 

must be transported in accordance with 

§ 173.185. 

* * * * * 

■ 30. In § 173.222, the section heading, 

paragraphs (a), (b)(1), (b)(2), (c) 

introductory text and (d) are revised to 

read as follows: 

§ 173.222 Dangerous goods in machinery 

or apparatus. 

* * * * * 

(a) If the machinery or apparatus 

contains more than one hazardous 

material, the materials must not be 

capable of reacting dangerously 

together. 

(b) * * * 

(1) Damage to the receptacles 

containing the hazardous materials 

during transport is unlikely. However, 

in the event of damage to the receptacles 

containing the hazardous materials, no 

leakage of the hazardous materials from 

the machinery or apparatus is possible. 

A leakproof liner may be used to satisfy 

this requirement. 

(2) Receptacles containing hazardous 

materials must be secured and 

cushioned so as to prevent their 

breakage or leakage and so as to control 

their movement within the machinery 

or apparatus during normal conditions 

of transportation. Cushioning material 

must not react dangerously with the 

content of the receptacles. Any leakage 

of the contents must not substantially 

impair the protective properties of the 

cushioning material. 

* * * * * 

(c) The total net quantity of hazardous 

materials contained in one item of 

machinery or apparatus must not exceed 

the following: 

* * * * * 

(d) Except for transportation by 

aircraft, when a package contains 

hazardous materials in two or more of 

the categories listed in paragraphs (c)(1) 

through (c)(3) of this section the total 

quantity required by § 172.202(c) of this 

subchapter to be entered on the 

shipping paper must be either the 

aggregate quantity, or the estimated 

quantity, of all hazardous materials, 

expressed as net mass. 

■ 31. In § 173.224, in paragraph (b)(7), 

in the Self-Reactive Materials Table, a 

new entry is added in appropriate 

alphabetical order to read as follows: 

§ 173.224 Packaging and control and 

emergency temperatures for self-reactive 

materials. 

* * * * * 

(b) * * * 

(7) * * * 

SELF-REACTIVE MATERIALS TABLE

Self-reactive substance Identification No. Concentration—

(%) Packing method Control temperature—(°C) 

Emergency 

temperature Notes 

(1) (2) (3) (4) (5) (6) (7) 

Acetone-pyrogallol copolymer 2-diazo-1-naphthol5-sulphonate .................. 3228 100 OP8 ............................ ............................ ............................

* * * * * * * 

* * * * * 

■ 32. A new section § 173.230 is added 

in subpart E to read as follows: 

§ 173.230 Fuel cell cartridges containing 

flammable liquids. 

(a) A fuel cell cartridge is a container 

that stores fuel for controlled discharge 

into fuel cell powered equipment 

through a valve. The cartridge must be 

designed and constructed to prevent the 

fuel from leaking during normal 

conditions of transportation and be free 

of electric charge generating 

components. 

(b) Fuel cell cartridges containing 

flammable liquids, including methanol 

or methanol/water solutions, must 

conform to the following: 

(1) The fuel cell cartridge design type 

without its packaging must be shown to 

pass an internal pressure test at a 

pressure of 15 psig (100 kPa); 

(2) Fuel cell cartridges must be 

packaged in rigid outer packagings 

which meet the requirements of part 178 

at the Packing Group II performance 

level and conform to the general 

packaging requirements of subpart B of 

part 173. 

(c) Fuel cell cartridges packed in or 

with equipment are excepted from the 

packaging requirements in paragraph 

(b)(2) of this section if the cartridges are 

packed in a strong outer packaging 

conforming to the requirements of 

§§ 173.24 and 173.24a. For cartridges 

installed in equipment, the equipment 

may be considered the outer packaging 

if it provides an equivalent level of 

protection. The packaging need not 

conform to performance requirements of 

part 178 of this subchapter. The 

cartridges must be protected against 

damage that may be caused by the 

movement or placement of the 

equipment and the cartridges within the 

outer packaging. 

■ 33. In § 173.301, paragraph (o) is 

revised to read as follows: 

§ 173.301 General requirements for 

shipment of compressed gases and other 

hazardous materials in cylinders, UN 

pressure receptacles and spherical 

pressure vessels. 

* * * * * 

(o) Cylinders made of aluminum alloy 

6351–T6. A DOT 3AL cylinder 

manufactured of aluminum alloy 6351–

T6 may not be filled and offered for 

transportation or transported with 

pyrophoric gases. The use of UN 

cylinders manufactured of aluminum 

alloy 6351–T6 is prohibited. 

* * * * * 

■ 34. In § 173.306, paragraph (i) is 

revised and a new paragraph (j) is added 

to read as follows: 

§ 173.306 Limited quantities of 

compressed gases. 

* * * * * 

(i) Aerosols and receptacles small, 

containing gas with a capacity of less 

than 50 mL. Aerosols, as defined in 

§ 171.8 of this subchapter, and 

receptacles small, containing gas, with a 

capacity not exceeding 50 mL (1.7 oz.) 

and with a pressure not exceeding 970 

kPa (141 psig) at 55 °C (131 °F), 

containing no hazardous materials other 

than a Division 2.2 gas, are not subject 

to the requirements of this subchapter. 

The pressure limit may be increased to 

2000 kPa (290 psig) at 55 °C (131 °F) 

provided the aerosols are transported in 

outer packages that conform to the 

packaging requirements of Subpart B of 


pwalker on PROD1PC60 with RULES4
78634 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

this part. This paragraph (i) does not 

apply to a self-defense spray (e.g., 

pepper spray). 

(j) For additional exceptions, also see 

§ 173.307. 

Appendix H to Part 173 [Amended] 

■ 35. In Appendix H to Part 173, under 

heading 3. Apparatus, introductory text, 

the first occurrence of the wording ‘‘UN 

Manual of Test and Criteria,’’ is 

removed and the wording ‘‘UN Manual 

of Test and Criteria (IBR, see § 171.7 of 

this subchapter),’’ is added in its place 

and under heading 5. Procedure, in 

paragraph (h), the wording ‘‘60.5 °C (141 

°F)’’ is removed and the wording ‘‘60 °C 

(140 °F)’’ is added each place it appears. 

PART 175—CARRIAGE BY AIRCRAFT 

■ 36. The authority citation for part 175 

continues to read as follows: 

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

CFR 1.53. 

■ 37. In § 175.10, in paragraph (a)(2), the 

first sentence is revised to read as 

follows: 

§ 175.10 Exceptions for passengers, 

crewmembers, and air operators. 

* * * * * 

(a) * * * 

(2) One packet of safety matches or a 

lighter intended for use by an individual 

when carried on one’s person or in 

carry-on baggage only. * * * 

* * * * * 

■ 38. In § 175.78, paragraph (c)(4) is 

revised to read as follows: 

§ 175.78 Stowage compatibility of cargo. 

* * * * * 

(c) * * * 

(4) Note 1. ‘‘Note 1’’ at the 

intersection of a row and column means 

the following: 

(i) Only Division 1.4, Compatibility 

Group S, explosives are permitted to be 

transported aboard a passenger aircraft. 

Only certain Division 1.3, Compatibility 

Groups C and G, and Division 1.4, 

Compatibility Groups B, C, D, E, G and 

S, explosives may be transported aboard 

a cargo aircraft. 

(ii) Division 1.4 explosives in 

Compatibility Group S may be stowed 

with Division 1.3 and 1.4 explosives in 

compatibility groups as permitted 

aboard aircraft under paragraph (c)(4)(i) 

above. 

(iii) Except as otherwise provided in 

this Note, explosives of different 

compatibility groups may be stowed 

together whether or not they belong to 

the same division. 

(iv) Division 1.4B and Division 1.3 

explosives may not be stowed together. 

Division 1.4B explosives must be loaded 

into separate unit load devices and, 

when stowed aboard the aircraft, the 

unit load devices must be separated by 

other cargo with a minimum separation 

of 2 m (6.5 feet). When not loaded in 

unit load devices, Division 1.4B and 

Division 1.3 explosives must be loaded 

into different, non-adjacent loading 

positions and separated by other cargo 

with a minimum separation of 2 m (6.5 

feet). 

* * * * * 

PART 176—CARRIAGE BY VESSEL 

■ 39. The authority citation for part 176 

continues to read as follows: 

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

1.53. 

§ 176.76 [Amended] 

■ 40. In § 176.76, in paragraph (f)(2), the 

wording ‘‘141 °F’’ is removed and the 

wording ‘‘60 °C (140 °F)’’ is added in its 

place. 

■ 41. In § 176.83, paragraph (a)(4) is 

revised to read as follows: 

§ 176.83 Segregation. 

(a) * * * 

(4) Segregation is not required: 

(i) Between hazardous materials of 

different classes which comprise the 

same substance but vary only in their 

water content (for example, sodium 

sulfide in Division 4.2 or Class 8) or 

quantity for Class 7 materials; or 

(ii) Between hazardous materials of 

different classes which comprise a 

group of substances that do not react 

dangerously with each other. The 

following materials are grouped by 

compatibility: 

(A) Hydrogen peroxide, aqueous 

solutions with not less than 8 percent 

but less than 20 percent hydrogen 

peroxide (stabilized as necessary); 

Hydrogen peroxide, aqueous solutions 

with not less than 20 percent but not 

more than 40 percent hydrogen 

peroxide; Hydrogen peroxide, aqueous 

solutions with more than 40 percent but 

not more than 60 percent hydrogen 

peroxide; Hydrogen peroxide and 

peroxyacetic acid mixtures, stabilized 

with acids, water and not more than 5 

percent peroxyacetic acid; Organic 

peroxide type D, liquid; Organic 

peroxide type E, liquid; Organic 

peroxide type F, liquid; and 

(B) Dichlorosilane, Silicon 

tetrachloride, and Trichlorosilane. 

* * * * * 

■ 42. In § 176.84, in paragraph (b), in the 

Table of provisions, Codes ‘‘22,’’ ‘‘23,’’

‘‘26,’’ ‘‘27,’’ ‘‘52,’’ ‘‘53’’ and ‘‘109’’ are 

revised, a new Code ‘‘144’’ is added in 

appropriate numerical order, and 

following the table, a new note ‘‘2’’ is 

added to read as follows: 

§ 176.84 Other requirements for stowage 

and segregation for cargo vessels and 

passenger vessels. 

* * * * * 

(b) * * * 

Code Provisions 

* * * * * 

22 ...... Segregation same as for flammable 

liquids if flash point is below 60 °C 

(140 °F). 

23 ...... Segregation same as for flammable 

liquids if flash point is between 

23 °C (73 °F) and 60 °C (140 °F). 

* * * * * 

26 ...... Stow ‘‘away from’’ acids.2

27 ...... Stow ‘‘away from’’ alkaline compounds.2

* * * * * 

52 ...... Stow ‘‘separated from’’ acids.1, 2

53 ...... Stow ‘‘separated from’’ alkaline compounds.2

* * * * * 

109 .... Label as a flammable liquid if flash 

point is 60 °C (140 °F) or below. 

* * * * * 

144 .... When stowed under deck, mechanical ventilation shall be in accordance with SOLAS, Chapter II–2/ 

Regulation 19 (IBR, see § 171.7 of 

this subchapter) for flammable liquids with flashpoint below 23 °C 

(73 °F). 

* * * * * 

* * * * * 

2 Class 8 materials in PG II or III that otherwise are required to be segregated from one 

another may be transported in the same cargo 

transport unit, whether in the same packaging 

or not, provided the substances do not react 

dangerously with each other to cause combustion and/or evolution of considerable heat, or 

of flammable, toxic or asphyxiant gases, or the 

formation of corrosive or unstable substances; 

and the package does not contain more than 

30 L (7.8 gallons) for liquids or 30 kg (66 lbs.) 

for solids. 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

■ 43. The authority citation for part 178 

continues to read as follows: 

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

1.53. 

■ 44. In § 178.274, paragraph (j)(6) is 

revised to read as follows: 

§ 178.274 Specifications for UN portable 

tanks. 

* * * * * 

(j) * * * 

(6) Effective January 1, 2008, each 

new UN portable tank design type 

meeting the definition of ‘‘container’’ in 


pwalker on PROD1PC60 with RULES4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78635 

the Convention for Safe Containers 

(CSC) (see 49 CFR 450.3(a)(2)) must be 

subjected to the dynamic longitudinal 

impact test prescribed in Part IV, 

Section 40 of the UN Manual of Tests 

and Criteria (see IBR, § 171.7 of this 

subchapter). A UN portable tank design 

type impact-tested prior to January 1, 

2008, in accordance with the 

requirements of this section in effect on 

October 1, 2005, need not be retested. 

UN portable tanks used for the 

dedicated transportation of ‘‘Helium, 

refrigerated liquid,’’ UN1963, and 

‘‘Hydrogen, refrigerated liquid,’’

UN1966, that are marked ‘‘NOT FOR 

RAIL TRANSPORT’’ in letters of a 

minimum height of 10 cm (4 inches) on 

at least two sides of the portable tank 

are excepted from the dynamic 

longitudinal impact test. 

* * * * * 

§ 178.602 [Amended] 

■ 45. In § 178.602, in paragraph (b), the 

second sentence is amended by adding 

the wording ‘‘containing solids’’ after 

the word ‘‘Bags.’’

■ 46. In § 178.810, paragraph (b) is 

revised to read as follows: 

§ 178.810 Drop test. 

* * * * * 

(b) Special preparation for the drop 

test. (1) Metal, rigid plastic, and 

composite IBCs intended to contain 

solids must be filled to not less than 95 

percent of their maximum capacity, or 

if intended to contain liquids, to not less 

than 98 percent of their maximum 

capacity. Pressure relief devices must be 

removed and their apertures plugged or 

rendered inoperative. 

(2) Fiberboard and wooden IBCs must 

be filled with a solid material to not less 

than 95 percent of their maximum 

capacity; the contents must be evenly 

distributed. 

(3) Flexible IBCs must be filled to the 

maximum permissible gross mass; the 

contents must be evenly distributed. 

(4) Rigid plastic IBCs and composite 

IBCs with plastic inner receptacles must 

be conditioned for testing by reducing 

the temperature of the packaging and its 

contents to ¥18 °C (0 °F) or lower. Test 

liquids must be kept in the liquid state, 

if necessary, by the addition of antifreeze. Water/anti-freeze solutions with 

a minimum specific gravity of 0.95 for 

testing at ¥18 °C (0 °F) or lower are 

considered acceptable test liquids, and 

may be considered equivalent to water 

for test purposes. IBCs conditioned in 

this way are not required to be 

conditioned in accordance with 

§ 178.802. 

* * * * * 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 47. The authority citation for part 180 

continues to read as follows: 

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

1.53. 

■ 48. In § 180.213, paragraph (d) is 

revised to read as follows: 

§ 180.213 Requalification markings. 

* * * * * 

(d) Requalification markings. Each 

cylinder successfully passing 

requalification must be marked with the 

RIN set in a square pattern, between the 

month and year of the requalification 

date. The first character of the RIN must 

appear in the upper left corner of the 

square pattern; the second in the upper 

right; the third in the lower right; and 

the fourth in the lower left. Example: A 

cylinder requalified in September 2006, 

and approved by a person who has been 

issued RIN ‘‘A123’’, would be marked 

plainly and permanently into the metal 

of the cylinder in accordance with 

location requirements of the cylinder 

specification or on a metal plate 

permanently secured to the cylinder in 

accordance with paragraph (b) of this 

section. An example of the markings 

prescribed in this paragraph (d) is as 

follows: 

Where: 

‘‘9’’ is the month of requalification 

‘‘A123’’ is the RIN 

‘‘06’’ is the year of requalification, and 

‘‘X’’ represents the symbols described in 

paragraphs (f)(2) through (f)(8) of this 

section. 

(1) Upon written request, variation 

from the marking requirement may be 

approved by the Associate 

Administrator. 

(2) Exception. A cylinder subject to 

the requirements of § 173.301(l) of this 

subchapter may not be marked with a 

RIN. 

* * * * * 

■ 49. In § 180.352, paragraphs (b) 

introductory text, (b)(1) and (g) are 

revised to read as follows: 

§ 180.352 Requirements for retest and 

inspection of IBCs. 

* * * * * 

(b) Test and inspections for metal, 

rigid plastic, and composite IBCs. Each 

IBC is subject to the following test and 

inspections: 

(1) Each IBC intended to contain 

solids that are loaded or discharged 

under pressure or intended to contain 

liquids must be tested in accordance 

with the leakproofness test prescribed in 

§ 178.813 of this subchapter prior to its 

first use in transportation and every 2.5 

years thereafter, starting from the date of 

manufacture or the date of a repair 

conforming to paragraph (d)(1) of this 

section. For this test, the IBC is not 

required to have its closures fitted. 

* * * * * 

(g) Record retention. (1) The owner or 

lessee of the IBC must keep records of 

periodic retests, initial and periodic 

inspections, and tests performed on the 

IBC if it has been repaired or 

remanufactured. 

(2) Records must include design types 

and packaging specifications, test and 

inspection dates, name and address of 

test and inspection facilities, names or 

name of any persons conducting test or 

inspections, and test or inspection 

specifics and results. 

(3) Records must be kept for each 

packaging at each location where 

periodic tests are conducted, until such 

tests are successfully performed again or 

for at least 2.5 years from the date of the 

last test. These records must be made 

available for inspection by a 

representative of the Department on 

request. 

Issued in Washington, DC on December 1, 

2006 under authority delegated in 49 CFR 

part 1. 

Thomas J. Barrett, 

Administrator. 

[FR Doc. 06–9849 Filed 12–28–06; 8:45 am] 

BILLING CODE 4910–60–P 


pwalker on PROD1PC60 with RULES4ER29DE06.012</GPH>