25162 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, 175 and 

176 

[Docket No. PHMSA–2005–23141 (HM– 

215F)] 

RIN 2137–AE01 

Hazardous Materials: Revision and 

Reformatting of Requirements for the 

Authorization To Use International 

Transport Standards and Regulations 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: In this final rule, PHMSA is 

amending the Hazardous Materials 

Regulations to revise and consolidate 

the requirements applicable to the use 

of the International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 

Goods by Air, the International 

Maritime Dangerous Goods Code, 

Transport Canada’s Transportation of 

Dangerous Goods Regulations, and the 

International Atomic Energy Agency’s 

Safety Standards Series: Regulations for 

the Safe Transport of Radioactive 

Material. The revisions and reformatting 

provide a user-friendly format to 

promote understanding of the 

conditions and limitations on the use of 

international standards and regulations. 

In addition, PHMSA is authorizing the 

use in domestic transportation of 

portable tanks, cargo tank motor 

vehicles, and rail tank cars 

manufactured in accordance with 

Transport Canada’s Transportation of 

Dangerous Goods Regulations. The 

amendments adopted in this final rule 

maintain the high transportation safety 

standard established under the 

Hazardous Materials Regulations. 

DATES: Effective date: October 1, 2007. 

Incorporation by Reference Date: The 

incorporation by reference of certain 

publications listed in these amendments 

is approved by the Director of the 

Federal Register as of October 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Duane Pfund, International Standards 

Coordinator, telephone (202) 366–0656, 

or Joan McIntyre, Office of Hazardous 

Materials Standards, telephone (202) 

366–8553, Pipeline and Hazardous 

Materials Safety Administration. 

SUPPLEMENTARY INFORMATION: 

I. Background 

To facilitate the safe and efficient 

transportation of hazardous materials in 

international commerce, the Hazardous 

Materials Regulations (HMR; 49 CFR 

Parts 171–180), with certain limitations, 

permit both domestic and international 

shipments of hazardous materials to be 

offered for transportation and 

transported under provisions of the 

International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 

Goods by Air (ICAO Technical 

Instructions), the International Maritime 

Dangerous Goods Code (IMDG Code), 

the Transport Canada’s Transportation 

of Dangerous Goods Regulations 

(Transport Canada TDG Regulations), 

and the International Atomic Energy 

Agency’s Safety Standards Series: 

Regulations for the Safe Transportation 

of Radioactive Material (IAEA 

Regulations), as appropriate. 

Consistency between U.S. and 

international regulations helps to assure 

the safety of international hazardous 

materials transportation through better 

understanding of the regulations, an 

increased level of industry compliance, 

the smooth flow of hazardous materials 

from their points of origin to their 

points of destination, and effective 

emergency response in the event of a 

hazardous materials incident. For 

example, many shippers find that 

consistency in requirements aids their 

understanding of what is required, 

thereby permitting them to more easily 

comply with the regulations when 

shipping hazardous materials in 

international commerce. 

The Federal hazardous materials 

transportation law (Federal hazmat law; 

49 U.S.C. 5101 et seq.) requires PHMSA 

to align the HMR with international 

transport standards and requirements to 

the extent practicable (see § 5120). The 

Federal hazmat law permits PHMSA to 

deviate from international transport 

standards and requirements when such 

action is in the public interest. 

Therefore, we periodically align the 

HMR with international transport 

standards and regulations through 

various rulemakings. We also 

periodically review and revise the 

provisions for the authorization to use 

the international transport standards 

and regulations in order to maintain a 

safety level equal to that of the HMR, 

thereby assuring the protection of 

people, property, and the environment. 

Based on our comprehensive, technical 

review, we have determined that the 

amendments adopted in this final rule 

provide an equivalent level of safety as 

is currently achieved under the HMR. 

On January 27, 2006, PHMSA issued 

a notice of proposed rulemaking 

(NPRM, 71 FR 4544) proposing to 

amend the HMR by revising and 

consolidating the requirements 

applicable to the use of international 

standards and regulations. Our goal 

with this rulemaking is to reorganize 

and clarify the conditions and 

limitations on the use of international 

standards and regulations for 

transportation in the United States. The 

purpose of the reorganization is to 

provide an easier format for HMR users, 

particularly for persons transporting 

hazardous materials by multiple modes 

of transportation, thereby providing a 

clearer understanding of the conditions 

and limitations for the use of authorized 

international standards and facilitating 

the transportation of hazardous material 

shipments. 

II. Discussion of Comments and 

Regulatory Revisions 

In response to the NPRM, we received 

25 comments from industry 

associations, shippers and others, as 

follows: 

Commenter Document No. 

The Estee Lauder Companies, Inc. (ELC) ......................................................................................................................... PHMSA–2005–23141–2 

International Tank Container Organization (ITCO) ............................................................................................................. PHMSA–2005–23141–3 

Regulatory Resources, Inc .................................................................................................................................................. PHMSA–2005–23141–4 

Owen B. Bugg ..................................................................................................................................................................... PHMSA–2005–23141–5 

Fed Ex ................................................................................................................................................................................. PHMSA–2005–23141–6 

The Fertilizer Institute (TFI) ................................................................................................................................................ PHMSA–2005–23141–7 

National Tank Truck Carriers, Inc. (NTTC) ......................................................................................................................... PHMSA–2005–23141–8 

Air Products and Chemicals, Inc. (Air Products) ................................................................................................................ PHMSA–2005–23141–9 

Council on Radionuclides and Radiopharmaceuticals, Inc. (CORAR) ............................................................................... PHMSA–2005–23141– 

10 

PPG Industries, Inc. (PPG) ................................................................................................................................................. PHMSA–2005–23141– 

11 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 25163 

Commenter Document No. 

American Trucking Associations (ATA) .............................................................................................................................. PHMSA–2005–23141– 

12 

Ashland Specialty Chemical Company (Ashland) .............................................................................................................. PHMSA–2005–23141– 

13 

Lawrence A. Duncan ........................................................................................................................................................... PHMSA–2005–23141– 

14 

International Vessel Operators Hazardous Materials Association, Inc. (VOHMA) ............................................................. PHMSA–2005–23141– 

15 

Air Transport Association of America, Inc. (Air Transport) ................................................................................................. PHMSA–2005–23141– 

16 

Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA) ............................................................................ PHMSA–2005–23141– 

17 

Association of Hazmat Shippers (AHS) .............................................................................................................................. PHMSA–2005–23141– 

18 

Association of American Railroads (AAR) .......................................................................................................................... PHMSA–2005–23141– 

19 

National Propane Gas Association (NPGA) ....................................................................................................................... PHMSA–2005–23141– 

20 

CF Industries, Inc ................................................................................................................................................................ PHMSA–2005–23141– 

21 

U.S. Nuclear Regulatory Commission (NRC) ..................................................................................................................... PHMSA–2005–23141– 

22 

Dangerous Goods Advisory Council (DGAC) ..................................................................................................................... PHMSA–2005–23141– 

23 

Canadian Trucking Alliance (CTA) ..................................................................................................................................... PHMSA–2005–23141– 

24 

CropLife America ................................................................................................................................................................ PHMSA–2005–23141– 

25 

Jerry Hayes ......................................................................................................................................................................... PHMSA–2005–23141– 

26 

Most commenters express support for 

the goals of this rulemaking; others raise 

concerns as discussed below. The 

NPRM primarily addressed the 

reformatting of the HMR sections 

addressing the authorization to use 

international standards. We proposed 

only minor changes to the specific 

requirements themselves. Some 

commenters mistakenly described 

current requirements incorporated into 

the reformatted sections as ‘‘proposed 

requirements’’ and, in some cases, 

opposed the ‘‘revisions.’’ Other 

commenters requested changes that 

were not proposed in the NPRM. These 

comments are beyond the scope of this 

rulemaking and are not addressed in 

this final rule. We direct these 

commenters to 49 CFR 106.95 for 

procedures to submit petitions for 

rulemaking. 

In this final rule, PHMSA is amending 

the HMR to revise, consolidate, and 

clarify the HMR provisions authorizing 

the use of the ICAO Technical 

Instructions, the IMDG Code, the 

Transport Canada TDG Regulations, and 

the IAEA Regulations, as previously 

contained in § § 171.11, 171.12 and 

171.12a. The newly designated sections, 

as adopted in this final rule, will 

continue to permit both domestic and 

international shipments of hazardous 

materials to be offered for transportation 

and transported under the provisions of 

the applicable transport standards and 

regulations, subject to certain conditions 

and limitations. Additionally, we are 

consolidating the newly designated 

sections for the use of international 

standards and regulations into new 

Subpart C. 

A. Incorporation by Reference Material 

In § 171.7, we are incorporating by 

reference the most recent edition of the 

Transport Canada TDG Regulations, 

including Amendments 4 and 5. 

Additionally, we are incorporating by 

reference the Canadian General 

Standards Board (CGSB) standard, 

CGSB–43.147 for the ‘‘Construction, 

Modification, Qualification, 

Maintenance and Selection and Use of 

Rail Tank Cars.’’ The incorporation of 

these materials relates to our adoption 

of expanded provisions for the use of 

Canadian bulk packagings for 

transportation to and from the United 

States. As indicated below, this 

incorporation by reference maintains 

the high safety standard currently 

achieved under the HMR (see preamble 

discussion under ‘‘Bulk Shipments to 

Canada’’). 

B. Consolidation of the Conditions and 

Limitations for Use of the ICAO 

Technical Instructions, IMDG Code, and 

TDG Regulations 

The HMR, ICAO Technical 

Instructions, IMDG Code, and the 

Transport Canada TDG Regulations are 

based on the UN Recommendations on 

the Transport of Dangerous Goods (UN 

Recommendations), which are model 

regulations issued by the UN Committee 

of Experts on the Transport of 

Dangerous Goods and the Globally 

Harmonized System of Classification 

and Labeling of Chemicals (UN COE). 

Currently, the conditions and 

limitations under which the ICAO 

Technical Instructions, IMDG Code, and 

TDG Regulations may be used for 

domestic transportation are set forth in 

§ § 171.11, 171.12, and 171.12a. The 

authorizations to use the ICAO 

Technical Instructions, IMDG Code, and 

the Transport Canada TDG Regulations 

contain many of the same conditions 

and limitations for use. To eliminate 

redundancy, we proposed in the NPRM 

to consolidate and reformat these 

conditions and limitations into a single 

section that would apply to the use of 

all three standards. 

CropLife America and the Dangerous 

Goods Advisory Council (DGAC) are 

opposed to the consolidation and 

reformatting of the international 

standards as proposed in the NPRM. 

The two organizations suggest users of 

the HMR are familiar with the current 

format and assert the proposed 

formatting, if adopted, would create 

confusion and possibly ‘‘hamper 

compliance with the regulations.’’ The 

two commenters state ‘‘Users of the 

HMR normally are only interested in the 

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25164 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

additional requirements applying to 

requirements of one international 

body—not all three at one time. 

Consolidating the requirements forces 

the user to wade through numerous 

additional requirements not relevant to 

the particular international regulation of 

interest.’’ DGAC suggests these actions 

will ‘‘complicate compliance and may 

encourage other countries to reciprocate 

and apply minutely differing 

requirements based on their own 

domestic regulations.’’ 

We disagree with these commenters. 

We receive many questions each year 

from shippers and carriers expressing 

confusion about the conditions under 

which the international standards may 

be used for domestic transportation. 

Moreover, other commenters who 

address this issue (including TFI, Air 

Products, the American Trucking 

Associations, VOHMA, the Air 

Transport Association, and COSTHA) 

express support for the consolidation 

and reformatting proposed in the 

NPRM. We believe that expanding the 

level of detail applicable to the use of 

the international standards, combined 

with the reformatting proposed in the 

NPRM, will make the requirements 

clearer and easier to understand. 

Therefore, as proposed, we are 

consolidating into one section, §

171.22, those conditions and limitations 

applicable to all of the authorized 

international transport standards and 

regulations. Section 171.23 is added for 

requirements pertaining to specific 

materials and packagings, § § 171.24– 

171.26 are added as separate sections 

specific to the additional provisions for 

each standard. The newly numbered 

sections are contained in new Subpart C 

of Part 171 as follows: 

<bullet≤ Section 171.22, (previously 

contained in § 171.11, 171.12 and 

171.12a), as adopted in this final rule, 

authorizes the offering, acceptance, and 

transportation of hazardous materials: 

—By aircraft and motor vehicle in 

accordance with the ICAO Technical 

Instructions; 

—By vessel, motor vehicle, or rail in 

accordance with the IMDG Code, 

provided all or part of the 

transportation is by vessel; 

—By motor vehicle or rail in accordance 

with the Transport Canada TDG 

Regulations, for: (1) Shipments that 

originate in Canada and either 

terminate in the United States or 

transit the United States to a Canadian 

or foreign destination, or (2) certain 

bulk shipments to, from, or within the 

United States; 

—By aircraft, vessel, motor vehicle, or 

rail for the transportation of 

radioactive materials in accordance 

with the IAEA Regulations for 

shipments imported into or exported 

from the United States or transiting 

the United States during 

transportation between places outside 

the United States. 

<bullet≤ Section 171.23 specifies 

requirements for certain specific 

materials (such as combustible liquids, 

hazardous wastes, and organic 

peroxides) and packagings (such as 

cylinders, aerosols, and chemical 

oxygen generators) transported under 

the authorized international standards 

and regulations. 

<bullet≤ Section 171.24 specifies the 

additional requirements unique to the 

use of the ICAO Technical Instructions. 

<bullet≤ Section 171.25 specifies the 

additional requirements unique to the 

use of the IMDG Code. 

<bullet≤ Section 171.26 specifies the 

additional requirements unique to the 

use of the IAEA Regulations. 

Note that additional requirements 

applicable to North American 

shipments are contained in § 171.12. 

These requirements apply to use of the 

Transport Canada TDG regulations for 

shipments between the United States 

and Canada and to shipments into the 

United States from Mexico. Even though 

the Mexican standards, Normas 

Officiales Mexicanos (NOMs) and the 

Regulations for Land Transportation of 

Hazardous Materials and Waste, are to 

a considerable degree consistent with 

the HMR, differences do exist and 

shippers must exercise caution to 

ensure that shipments transported from 

Mexico into the United States are in full 

compliance with the applicable HMR 

requirements. For additional 

information and guidance for preparing 

shipments of hazardous materials 

between the United States and Mexico, 

you may access http://hazmat.dot.gov/ 

nomslst.htm. 

In several places in the NRPM, we 

proposed to clarify that shipments 

transported in conformance with an 

international standard must also 

conform to all applicable requirements 

of the HMR. DGAC and CropLife 

objected to such phrases as ‘‘all 

applicable requirements of this 

subchapter or part must be met.’’ The 

commenters request we direct the user 

to the requirements by replacing the 

phrase with the specific regulatory 

citations for those parts, subparts, or 

sections of the HMR that apply. We note 

concerning these comments that this 

phrase and similar phrases are used 

throughout the HMR and that it is the 

responsibility of the shipper or carrier to 

be knowledgeable about all the HMR 

requirements applicable to its 

operations. From a practical standpoint, 

using specific citations would mean that 

we would have to amend these sections 

if the citations are revised in future 

rulemakings. The more general 

reference makes it easier to keep the 

regulations up to date. For these 

reasons, we are not adopting the 

CropLife and DGAC recommendation. 

C. New Subparts Added to Part 171 

With the addition of Subpart C to Part 

171, we are also adding new subparts to 

more appropriately separate the 

remaining sections in current Part 171. 

Subpart A is added to include the 

current provisions concerning the 

applicability of the HMR and general 

requirements for transportation, and 

provisions for the Paperwork Reduction 

Act, reference material, definitions and 

abbreviations, rules of construction, 

units of measure, and North American 

shipments. Subpart B is added to 

include the current provisions for 

incident reporting, approvals and 

authorizations issued by the Bureau of 

Explosives, submission of reports, and 

investigations and special studies. We 

did not propose revisions to the 

requirements in new Subparts A and B 

of Part 171. In this final rule, the 

reorganized subparts are adopted as 

proposed in the NPRM except, as 

indicated above, requirements 

applicable to Canadian and Mexican 

shipments are located in § 171.12. 

D. Revisions to Current Conditions and 

Limitations for Use 

We are making several revisions to the 

current conditions and limitations for 

use of international standards and 

regulations, including: (1) Removing 

certain unnecessary requirements; (2) 

clarifying labeling requirements for 

limited quantities of Division 6.1 

materials in Packing Groups II and III; 

(3) clarifying requirements for the use of 

International Maritime Organization 

(IMO) Type 5 tanks; and (4) authorizing 

the use of the Transport Canada TDG 

Regulations for return shipments from 

the United States to Canada. These and 

other revisions are explained in more 

detail below. 

1. Removal of Unnecessary HMR 

Requirements 

As proposed in the NPRM, we are 

removing the following conditions and 

limitations from the HMR because they 

have been incorporated into the most 

recent editions of the ICAO Technical 

Instructions, the IMDG Code, and the 

Transport Canada TDG Regulations and, 

therefore, are no longer necessary: 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 25165 

<bullet≤ The restriction in current § §

171.11(d)(12), 171.12(b)(14), and 

171.12a(b)(14) prohibiting use of 

international standards for the 

transportation of ammonium nitrate 

fertilizer or ammonium nitrate mixed 

fertilizer that meets the definition for a 

Class 1 (explosive) material. 

<bullet≤ The limitation on the use of 

abbreviations in current § § 171.11, 

171.12 and 171.12a. 

<bullet≤ The prohibition in current §

171.12a(b)(6) from displaying a product 

identification number (PIN) preceding a 

UN number. PIN numbers are no longer 

authorized in the TDG Regulations. 

Currently, under § 171.12a(b)(5)(vi), 

shipping papers for shipments of 

anhydrous ammonia prepared in 

accordance with the TDG Regulations 

must contain an indication that the 

markings, labels and placards have been 

applied in conformance with the TDG 

Regulations. In the NPRM, we proposed 

to remove this requirement because the 

NPRM included a proposal to require an 

indication on shipping papers of the 

regulation utilized for the shipments. 

We are not adopting the new shipping 

paper requirement in this final rule (see 

discussion below for a detailed 

explanation of the issue, comments 

received, and our decision this 

proposal). Therefore, we are retaining in 

this final rule the requirement specific 

to shipments of anhydrous ammonia. 

In addition, in response to a comment 

from TFI, we are modifying the 

limitations specific to the transportation 

of PIH materials to retain the language 

in current § 171.12a(b)(5)(iv) that 

permits shipments of anhydrous 

ammonia to be labeled or placarded in 

accordance with TDG requirements. 

This language was inadvertently 

omitted in the NPRM. TFI also notes 

that in § 171.102, Special Provision 13, 

which requires the words ‘‘Inhalation 

Hazard’’ to be entered on shipping 

papers and marked on packagings 

containing anhydrous ammonia, excepts 

anhydrous ammonia shipments from the 

shipping paper requirements in §

172.203(m) applicable to materials that 

are poisonous by inhalation. TFI 

suggests that since we are incorporating 

the provisions of § 172.203(m) into new 

§ 171.23(b)(10), Special Provision 13 

should be modified to include an 

exception from the requirements in §

171.23(b)(10). We do not agree; we 

believe the revised text adopted in this 

final rule makes clear that shipments of 

anhydrous ammonia prepared in 

accordance with the Transport Canada 

TDG Regulations may be labeled and 

placarded in accordance with TDG 

requirements. 

2. Division 6.1 PG II and III Limited 

Quantity Labeling Requirements 

In the NPRM, we proposed to clarify 

the current requirement that Division 

6.1 materials transported as limited 

quantities are not excepted from 

labeling when shipped to, from, or 

within the United States under the 

ICAO Technical Instructions, IMDG 

Code, or the Transport Canada TDG 

Regulations. ATA opposes this 

requirement, suggesting that it may 

require carriers to add labels to certain 

imported materials. It is not our 

intention to require carriers to affix 

labels to packages that are not labeled in 

accordance with the HMR requirements. 

As we have said in previous 

rulemakings and letters of 

interpretation, a carrier may rely on 

information provided by the offeror of 

the hazardous material or a prior carrier, 

unless the carrier knows or, a reasonable 

person, acting in the circumstances and 

exercising reasonable care, would have 

knowledge that the information 

provided by the offeror or prior carrier 

is incorrect. Therefore, in this final rule, 

we are adopting the clarifying language 

as proposed in the NPRM. 

3. Entering an Indication of the 

Transport Standard or Regulation Used 

on Shipping Papers 

In the NPRM, we proposed to require 

shippers to identify by acronym (ICAO, 

IMDG, TDG, or IAEA) on shipping 

papers the international standard or 

regulation under which a hazardous 

material shipment is being transported. 

We received several comments 

supporting and 10 comments opposing 

the proposal. The commenters opposed 

to the requirement are FedEx Express, 

Air Products and Chemicals, Inc. (Air 

Products), PPG Industries, Inc. (PPG), 

American Trucking Associations, Inc. 

(ATA), National Tank Truck Carriers 

(NTTC), Air Transport Association of 

American (Air Transport Association), 

Dangerous Goods Advisory Council 

(DGAC), Association of Hazmat 

Shippers (AHS), The Estee Lauder 

Companies, Inc. (ELC) and the 

Association of American Railroads 

(AAR). The commenters in favor of the 

requirement are the International Vessel 

Operators Hazardous Materials 

Association, Inc. (VOHMA), the Council 

on Safe Transportation of Hazardous 

Articles (COSTHA), and Lawrence A. 

Duncan with the U.S. Coast Guard 

(USCG) Container Inspection Training 

and Assistance Team. 

Commenters supporting the proposal 

suggest that the lack of an identification 

of the standard or regulation under 

which a hazardous material is shipped 

causes unnecessary transportation 

delays and, thus, added costs to the 

shipper. 

Commenters opposing the proposal 

suggest that it is not necessary and 

could cause confusion. For example, 

FedEx calls the proposed change 

‘‘unnecessary’’ and states that such a 

requirement will cause shipments to be 

delayed and confuse shippers. DGAC 

states that any ‘‘justification’’ for the 

requirement has diminished over time 

with increasing harmonization between 

the HMR and international regulations. 

DGAC further states that the 

requirement would be ‘‘extremely 

burdensome.’’ Some commenters state 

that the requirement would be repetitive 

and would cause costly modifications to 

computer systems. 

The Air Transport Association 

suggests we make the proposed 

requirement permissive and allow for 

the acronym to be placed in association 

with the basic description(s) of the 

hazardous materials. 

As stated in the NPRM, we believe 

that identifying the particular transport 

standard or regulation under which a 

shipment is transported would expedite 

shipments by providing on-the-spot 

information to inspectors, carrier 

personnel and freight forwarders that 

would facilitate transportation and 

avoid confusion and frustrated 

shipments. However, we agree with the 

commenters who suggest that the need 

for identification of the standard or 

regulation used to prepare the shipment 

has lessened over time with the 

increasing harmonization of domestic 

and international transportation 

standards. Moreover, we agree that the 

burden this requirement would impose 

on shippers would outweigh any 

benefits that might result from its 

adoption. Therefore, we are not 

adopting the proposal in this final rule. 

We note, however, that shippers who 

wish to do so may include the acronym 

on shipping papers if they so choose; no 

rule change is necessary to permit such 

an indication on a shipping paper. 

4. Retention of Shipping Papers 

In the NPRM, we proposed to clarify 

that each person who receives a 

hazardous materials shipment must 

retain a copy of the shipping paper in 

accordance with § 172.201(e). DGAC 

comments that we appeared to propose 

a more ‘‘severe requirement’’ in §

171.22(g)(5) by proposing to require 

consignees to retain shipping papers. 

DGAC notes that neither the Federal 

hazardous materials transportation law 

(49 U.S.C. 5101 et seq.) nor the HMR 

apply to consignees. DGAC appears to 

have misunderstood our intent. We did 

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25166 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

not propose to expand the requirement 

to include consignees. The requirement 

continues to apply to each person who 

provides a shipping paper (see §

172.201(e)) and each person who 

receives a hazardous material shipment 

that will continue in transportation (see 

§ § 174.24(b), 175.30(a)(2), 176.24(b) 

and 177.817(f)). 

5. Including the Word ‘‘Poison’’ or 

‘‘Toxic’’ on Shipping Papers 

We are removing from § 171.23(b)(10) 

the proposed requirement to include the 

word ‘‘Poison’’ or ‘‘Toxic’’ on a shipping 

paper when the shipping name or class 

entry does not reflect the material as 

being poisonous. We removed this 

requirement under Docket HM–189Y 

(FR 70 56084), published on September 

23, 2005, as no longer necessary because 

§ 172.202(a)(2) requires the subsidiary 

hazard class(es) to be entered following 

the primary hazard class or division 

number. 

6. Shipper’s Certification 

In accordance with § 172.204, unless 

otherwise excepted, each person who 

offers a hazardous material for 

transportation must certify that the 

material is offered in accordance with 

all applicable HMR requirements. This 

certification is accomplished through 

the offeror’s signature below a statement 

certifying that the shipment is properly 

classified, described, packaged, marked 

and labeled, and in proper condition for 

transportation according to applicable 

DOT regulations. A similar certification 

statement is also required under the 

IMDG Code and ICAO, but not the 

Transport Canada TDG Regulations. In 

the NPRM, we proposed to require each 

shipper to provide a ‘‘shipper’s 

certification,’’ as required by § 172.204 

of the HMR, for shipments being 

transported under all authorized 

international standards and regulations 

into the United States. The adoption of 

this requirement would align shipments 

being transported under the Transport 

Canada TDG Regulations with the other 

authorized international standards. 

AAR opposes this proposal. 

According to AAR, it will be extremely 

difficult to adapt the Electronic Data 

Interchange (EDI) system used to 

transmit information between railroads 

to include the proposed certification. 

AAR requests a two-year 

implementation period. We agree that 

additional time would be beneficial to 

companies who may have to adapt 

computer systems to accommodate the 

new requirement. In this final rule, we 

are providing two years from the date of 

publication of the final rule for 

implementation of the new certification 

requirement. 

FedEx and Air Transport also oppose 

the new certification requirement, 

stating that it would pose an economic 

burden on shippers offering hazardous 

materials that are excepted from the 

certification (such as diagnostic 

specimens and dry ice) under the ICAO 

Technical Instructions. The commenters 

suggest an amendment to the proposal 

that would continue to except such 

shipments from the shipper’s 

certification requirement. Commenters 

appear to have misunderstood the 

NPRM proposal. It was not our intention 

to require a shipper’s certification for 

shipments that are currently excepted 

from this requirement. However, the 

comments suggest a need to clarify this 

issue in the regulatory text. Therefore, 

in this final rule, we are adopting the 

requirement as proposed with the 

addition of the phrase ‘‘unless otherwise 

excepted’’ in the regulatory text to 

clarify that the existing exceptions from 

the shipping certification requirement 

are still in effect. 

7. Use of IMO Type 5 Tanks 

In the NPRM, we proposed in §

171.24 to clarify the conditions under 

which IMO Type 5 tanks are authorized 

for the transportation of hazardous 

materials. An IMO Type 5 tank is only 

authorized when specifically identified 

in the applicable packaging section of 

the HMR. If an IMO Type 5 tank is not 

specifically listed as an authorized 

packaging, the portable tank must meet 

DOT 51 or UN portable tank 

requirements. No commenters 

addressed this proposal. Therefore, it is 

adopted as proposed in the NPRM. 

8. Bulk Shipments to Canada 

In the current § 171.12a, the use of 

the Transport Canada TDG Regulations 

includes the return to Canada of empty 

bulk packages containing only a residue 

of the hazardous materials initially 

imported into the United States. We 

proposed in the NPRM to expand in §

171.26 the authorization to permit the 

use of bulk packagings authorized in the 

TDG regulations to transport hazardous 

materials while returning to Canada 

from the United States. Additionally, we 

requested comments concerning 

whether we should expand reciprocity 

and allow the use in domestic 

transportation in the United States of 

cargo tanks, rail tank cars, and portable 

tanks built to Canadian specifications as 

Canada permits the use in Canada of 

similar packagings built to U.S. 

specifications. We asked commenters to 

address whether there are safety or 

operational considerations we should 

examine before expanding reciprocal 

treatment beyond the amendments we 

proposed in the NPRM. 

ATA, NTTC, Air Products and CTA 

support expanded reciprocity to allow 

unrestricted use in the United States of 

cargo tanks constructed to Canadian 

specifications. AAR strongly supports 

reciprocity for tank cars, noting the 

current similarities between the two 

regulations. 

We agree with these commenters that 

expansion of authorization for use of the 

Transport Canada TDG Regulations in 

the United States will provide 

additional flexibility and is consistent 

with the reciprocity currently extended 

to the United States for DOT 

specification bulk packagings. We note 

in this regard that Transport Canada is 

considering implementing restrictions 

on the use in Canada of DOT 

specification cargo tanks, rail tank cars, 

and portable tanks that are similar to the 

restrictions we now place on bulk 

packagings manufactured in accordance 

with Canadian specifications. If 

implemented in Canada, such a 

restriction would limit U.S. carriers’ 

operational flexibility and potentially 

increase transportation costs. 

PHMSA worked closely with 

Transport Canada to compare the cargo 

tank, rail tank car and portable tank 

requirements in the HMR and the TDG 

Regulations. We determined that the 

standards for design, manufacture, and 

requalification of cargo tanks, rail tank 

cars, and portable tanks in the TDG 

Regulations are equivalent to the 

standards for design, manufacture, and 

requalification of cargo tanks, rail tank 

cars, and portable tanks in the HMR. 

Further, according to Transport Canada, 

cargo tanks, rail tank cars, and portable 

tanks built to the Canadian 

specifications have a well-established 

history of safe operations. We reviewed 

the small number of incidents in the 

United States over the past several years 

involving cargo tanks, rail tanks cars, 

and portable tanks built to the Canadian 

specifications and found no evidence of 

safety problems attributable to flaws in 

the design or manufacturing 

specifications. NTTC and ATA agree 

that there is no safety rationale for 

continuing to deny full reciprocity to 

bulk packagings built to Canadian 

specifications. 

Therefore, we are authorizing the 

domestic use of portable tanks, cargo 

tank motor vehicles and rail tank cars 

manufactured in accordance with the 

TDG Regulations, provided the 

packagings conform to all applicable 

operational requirements specified in 

Parts 173, 177, and 180 of the HMR. 

Thus, a portable tank, cargo tank, or rail 

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tank car conforming to the TDG 

regulations may be used for 

transportation within the United States 

provided an equivalent packaging is 

authorized under the HMR and the bulk 

packaging conforms to operational 

requirements specific to each bulk 

packaging type. For example, a cargo 

tank motor vehicle constructed in 

accordance with the TDG regulations 

may be used in the United States 

provided it conforms to the HMR 

requirements applicable to loading, 

maximum lading pressure, pressure 

relief devices, retention of lading in 

piping, and emergency discharge 

control systems. As a result of this 

amendment, we are revising § § 171.31, 

171.32 and 171.33 to reflect the 

authorization. We are also revising the 

HMR to clarify the parts of the HMR 

applicable to Canadian specification 

bulk packagings (for example, 

hazardous material authorizations in the 

§ 172.101 Hazardous Materials Table 

(HMT) Special Provision B Codes, 

material specific requirements in Part 

173, operational requirements in Parts 

174 and 177 for rail and motor vehicle 

transportation, and periodic testing and 

inspection requirements in Part 180). 

These amendments will ensure that 

bulk packagings constructed in 

accordance with the Canadian 

specifications will conform to all 

applicable HMR requirements when 

operated in the United States, thus 

maintaining the level of safety currently 

achieved under the HMR. 

We note concerning this provision 

that shippers may use a portable tank, 

cargo tank motor vehicle or rail tank car 

equivalent to a corresponding DOT 

specification and conforming to and 

authorized by the Transport Canada 

TDG Regulations provided an 

equivalent type of packaging is 

authorized for the hazardous material in 

the HMR. Generally, an equivalent type 

of packaging will be one with same 

specification number as a U.S. 

packaging. Thus, an equivalent type of 

packaging to the MC 331 cargo tank 

authorized in the HMR is the TC 331 

cargo tank authorized in the TDG 

regulations. As proposed in the NPRM, in §

171.26 (previously § 171.12a(a)), we are 

removing the statement concerning TDG 

reciprocal provisions for U.S. 

shipments. The statement is not 

regulatory in nature and, therefore, is 

not appropriate for inclusion in the 

HMR. We also are removing the 

information currently contained in §

171.12a(b) that tells the reader how to 

obtain copies of the Transport Canada 

TDG Regulations; this is covered in the 

Reference Material provisions of §

171.7. 

E. Combustible Liquids 

In the NPRM, we stated that under the 

HMR, a material with a flashpoint of 38 

[deg]C (100 [deg]F) or more but less than 

60.5 [deg]C (141 [deg]F), may be classed 

as a combustible liquid when packaged 

in a non-bulk package. Since 

publication of the NPRM, a final rule 

under Docket PHMSA–06–25476 (HM– 

215I) at 71 FR 78596 published on 

December 29, 2006, adopted an 

amendment to revise the combustible 

liquid definition’s lower limit to 60 

[deg]C (140 [deg]F). Therefore, based on 

the new definition, such materials are 

not subject to the provisions of the HMR 

when transported by highway or rail. 

However, these same materials are 

regulated as flammable liquids when 

transported by vessel in accordance 

with the IMDG Code or by air under the 

ICAO Technical Instructions. In the 

NPRM, we proposed to add a statement 

to new § 171.23 indicating that a 

material reclassed as a combustible 

liquid under the HMR may require 

classification as a flammable liquid 

when offered for transportation or 

transported internationally. ATA comments that the proposed 

language is permissive and fails to 

establish a specific standard for the 

transportation of combustible liquids 

under the international standards. Upon 

reconsideration, we agree that 

recommendatory language generally is 

not appropriate for inclusion in 

regulatory text. Therefore, we are not 

adopting the provision in this final rule. ATA further suggests that, in the short 

term, flammable liquids reclassed as 

combustible liquids should continue to 

be excepted from placarding 

requirements and, in the long term, the 

combustible liquids classification 

should be abolished. ATA’s comments 

are beyond the scope of this rulemaking; 

we will consider them in a future 

rulemaking. A material with a flashpoint greater 

than 60 [deg]C (140 [deg]F) is not 

regulated as a hazardous material under 

the ICAO Technical Instructions or the 

IMDG Code; however, a material with a 

flashpoint between 60 [deg]C (140 

[deg]F) and 93 [deg]C (200 [deg]F) is 

regulated as a combustible liquid under 

the HMR. When transported in bulk 

packages, a combustible liquid must be 

placarded with a COMBUSTIBLE 

placard (see § 172.544). The 

COMBUSTIBLE placard is not 

recognized overseas; therefore, 

shipments prepared in accordance with 

the HMR may be frustrated 

internationally by inspectors and 

enforcement personnel who are not 

familiar with the U.S. requirements. To 

avoid such frustration, shippers and 

carriers may remove the COMBUSTIBLE 

placard prior to placing the shipment on 

board a vessel for overseas shipment. 

However, these efforts are complicated 

by the requirement for the 

COMBUSTIBLE placard to remain on 

bulk packages while in the United 

States. Shipments originating overseas 

and bound for the United States 

encounter a similar problem when the 

shipment arrives in the United States, 

and the COMBUSTIBLE placard must be 

affixed prior to the shipment’s 

movement. In the NPRM, we proposed 

to provide an exception from placarding 

for bulk shipments of combustible 

liquids in port areas. DGAC and VOHMA support the 

proposal to except combustible liquids 

shipments from placarding 

requirements in port areas. Both 

organizations view the proposal as a 

positive solution to the problem of 

incompatible domestic and 

international regulations applicable to 

the transportation of combustible 

liquids. Air Products and Owen Bugg express 

reservations regarding the proposed 

exception. These commenters state that 

under the proposed exception, 

shipments could sit at a port for several 

days without information for emergency 

responders. The commenters add that 

this may lead to segregation and 

enforcement complications because 

‘‘port area’’ is not defined under the 

HMR, and enforcement officers may 

have varying interpretations of its 

meaning. The commenters suggest 

clarifying the issue by defining ‘‘port 

area.’’ 

Based on the comments received as 

well as our own additional analysis and 

review, we believe several issues as they 

relate to the use of placards for 

combustible liquids must be further 

studied before we modify regulations for 

domestic shipments of materials to 

international destinations. Among the 

issues that need further review, 

clarification and development are the 

definition of ‘‘port area,’’ hazard 

communications, emergency responder 

notification and other related critical 

safety issues. Therefore, in this final 

rule, we are not adopting the exception 

as proposed in the NPRM. However, we 

will continue to consider this issue as 

part of a review of all the regulatory 

requirements applicable to combustible 

liquids, as discussed in the following 

paragraph. VOHMA raised a number of 

additional concerns about combustible 

liquids including concerns about 

improper documentation of flammable 

liquids with a flashpoint above 38 

[deg]C (93 [deg]F) that are reclassed as 

combustible liquids being improperly 

transported by 

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vessel. These issues are beyond the 

scope of this rulemaking. However, 

PHMSA has initiated a review of the 

regulations applicable to the 

transportation of combustible liquids. 

This review will consider the 

transportation risk posed by these 

materials and differences between the 

domestic and international 

requirements for combustible liquids 

with a view towards determining 

whether the domestic regulations 

should be modified to more 

appropriately address the transportation 

risks of these materials. This effort will 

include a review of classification 

criteria, packaging requirements, 

shipping documentation, and hazard 

communication. 

F. Cylinders in Port Area 

In the NPRM, we proposed to 

consolidate current provisions 

governing the limitations on the use of 

international standards for the 

transportation of hazardous materials in 

cylinders. We did not propose changes 

to the conditions under which non-DOT 

specification cylinders may be used 

within the United States. Since 

publication of the NPRM, PHMSA 

published a final rule under Docket 

Number HM–220E (June 12, 2006; 71 FR 

33858) adopting standards for the 

design, construction, maintenance, and 

use of cylinders and multiple element 

gas containers contained in the UN 

Recommendations. The HM–220E final 

rule revised current § 171.12 to specify 

the conditions and limitations on the 

use of UN cylinders in the United 

States. In this final rule, we are 

incorporating without change the 

revised provisions of § 171.12 into new 

§ 171.23(a). 

Additionally, we moved the cylinder 

import/export requirements from 

current paragraphs (k) and (l) in §

173.301 to new § 171.23 and the 

Canadian cylinder requirements from 

paragraph (m) of § 173.301 to new §

171.26. Section 173.301(j) is revised and 

paragraph (n) is redesignated as 

paragraph (k). 

G. Authorization To Use TC 

Specification Cylinders 

Currently, the HMR authorize the use 

of Canadian Transport Commission 

(CTC) specification cylinders that are 

manufactured, originally marked, and 

approved in accordance with the 

Transport Canada TDG Regulations and 

in full conformance with the TDG 

Regulations, provided certain 

requirements are met. In the NPRM, we 

proposed to expand this authorization 

to include Transport Canada (TC) 

specification cylinders. We received a 

comment from the National Propane Gas 

Association (NPGA) supporting the 

facilitation of international 

transportation of hazardous materials, 

but raising concerns about our proposal. 

NPGA questions whether the markings 

on the cylinders will be in metric units 

and recommends that we authorize dual 

markings in both metric and non-metric 

units of measurements. 

Upon revisiting the issue, we realized 

that in addition to the marking 

requirements, the HMR would need 

updating to reflect the correct filling and 

requalification cites applicable to the TC 

cylinders. The proposed authorization 

for use of TC cylinders is not being 

adopted in this final rule; however, 

PHMSA will address TC cylinders in an 

upcoming rulemaking. 

G. Training Requirements 

Currently, the HMR permit training 

related to the requirements of the ICAO 

Technical Instructions and the IMDG 

Code as an alternative to function 

specific training on the requirements of 

the HMR. In the NPRM, we proposed to 

require hazmat employees to be 

provided training on the international 

standards in addition to functionspecific training on the requirements of 

the HMR. 

Four commenters (DGAC, Croplife, 

AAR, and ATA) object to the proposed 

revision to the training requirements. 

DGAC and Croplife note their 

understanding that the current functionspecific training provisions require 

training on those sections of the ICAO 

Technical Instructions or IMDG Code 

that are relevant to a hazmat employee’s 

responsibilities. DGAC and Croplife 

suggest that revised language is 

unnecessary and could result in 

confusion on the degree to which the 

additional training is required. DGAC 

and Croplife recommend we clarify this 

issue through guidance rather then 

rulemaking. AAR expresses concern 

that, since the revision was not 

discussed in the preamble to the NPRM, 

it is unclear what additional training 

would be required, why it is necessary, 

or the cost implications for the industry. 

ATA suggests it will be extremely 

difficult and expensive to train truck 

drivers on the requirements of both the 

HMR and the international regulations. 

DGAC and Croplife are correct that, 

under the current function specific 

training requirements in § 172.704, 

hazmat employees should be trained on 

those sections of the ICAO Technical 

Instructions or IMDG Code that apply to 

a hazmat employee’s responsibilities. 

However, we agree with those 

commenters who suggest that we do not 

currently have adequate information on 

the potential impacts of the proposed 

revision to mandate training for hazmat 

employees on the international 

standards in addition to functionspecific training on the requirements of 

the HMR. Therefore, we are not 

adopting it in this final rule. We may 

consider this issue in a future 

rulemaking. 

H. Incorporating Complete Text 

As proposed in the NPRM, we are 

minimizing references in the regulatory 

text to other sections and parts of the 

HMR by incorporating the complete text 

for certain requirements in place of the 

reference number. This revision is being 

made to facilitate use of the HMR by 

minimizing the frequency with which 

the user will need to refer to other 

sections of the HMR. 

III. Rulemaking Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

Under § 5120(b) of Federal hazmat 

law, the Secretary of Transportation 

must ensure that, to the extent 

practicable, regulations governing the 

transportation of hazardous materials in 

commerce are consistent with standards 

adopted by international authorities. We 

are making revisions to the 

requirements authorizing the use of 

international standards and regulations 

in the United States. The continually 

increasing amount of hazardous 

materials transported in international 

commerce warrants harmonization of 

domestic and international 

requirements to the greatest extent 

possible. Harmonization serves to 

facilitate international transportation; 

more importantly, harmonization 

ensures the safety of people, property, 

and the environment by reducing the 

potential for confusion and 

misunderstanding that could result if 

shippers and transporters were required 

to comply with two or more conflicting 

sets of regulatory requirements. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866 and was not 

reviewed by the Office of Management 

and Budget. This final rule is a nonsignificant rule under the Regulatory 

Policies and Procedures of the 

Department of Transportation [44 FR 

11034]. 

This final rule reorganizes and 

clarifies the conditions and limitations 

on the use of international standards 

and regulations for transporting 

hazardous materials in the United 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 25169 

States. The final rule also removes 

unnecessary and outdated requirements 

and includes provisions to increase 

shipper flexibility for the transport of 

hazardous materials. The final rule 

imposes a new requirement for shippers 

to provide a shipper’s certification for 

shipments transported into the United 

States under the Transport Canada TDG 

Regulations. Such a certification is 

already required under the HMR, ICAO 

Technical Instructions, and IMDG Code, 

and we believe that most Canadian 

shippers already include such a 

certification on shipments into the 

United States. Moreover, we are 

providing a two-year transition period 

to minimize potential cost impacts. The 

final rule also provides for expanded 

exceptions concerning the use of bulk 

packagings manufactured in accordance 

with Canadian standards. The 

exceptions provide increase flexibility 

for both shippers and carriers and will 

facilitate the international 

transportation of hazardous materials, 

thereby reducing overall transportation 

costs, while maintaining the current 

level of safety currently achieved under 

the HMR. 

C. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). Any rule 

resulting from this rulemaking will 

preempt State, local and Indian tribe 

requirements but will not have 

substantial direct effects on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The Federal hazmat law 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 materials; 

(2) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous materials; 

(3) The preparation, execution, and 

use of shipping documents related to 

hazardous materials 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 materials; or 

(5) The design, manufacture, 

fabrication, marking, maintenance, 

recondition, repair, or testing of a 

packaging or container represented, 

marked, certified, or sold as qualified 

for use in transporting hazardous 

material. 

This final rule addresses covered 

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

and would preempt State, local, and 

Indian tribe requirements not meeting 

the ‘‘substantively the same’’ standard. 

Federal hazmat 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 

for this rule is August 1, 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 

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 the rule is not expected to 

have a significant impact on a 

substantial number of small entities. 

While the requirements in this final rule 

apply to a substantial number of small 

entities, there will not be a significant 

economic impact on those small 

entities. 

Identification of potentially affected 

small entities. Businesses likely to be 

affected by the rule are persons who 

offer for transportation or transport 

hazardous materials in commerce, 

including hazardous materials 

manufacturers and distributors; 

transportation companies, including air, 

highway, rail, and vessel carriers; 

hazardous waste generators; and 

container and packaging manufacturers. 

Unless alternative definitions have 

been established by the agency in 

consultation with the Small Business 

Administration (SBA), the definition of 

‘‘small business’’ has the same meaning 

as under the Small Business Act. 

Because no such special definition has 

been established, we employ the 

thresholds published by SBA for 

establishments that will be subject to 

the adopted amendments. Based on data 

for 2002 compiled by the U.S. Census 

Bureau, upwards of 95 percent of 

persons that would be affected by this 

rule are small businesses. 

Reporting and recordkeeping 

requirements. This final rule includes 

no new requirements for reporting or 

recordkeeping. 

Related Federal rules and regulations. 

There are no related Federal rules or 

regulations governing the transportation 

of hazardous materials in domestic or 

international commerce. 

Alternate proposals for small 

businesses. The Regulatory Flexibility 

Act directs agencies to establish 

exceptions and differing compliance 

standards for small businesses, where it 

is possible to do so and still meet the 

objectives of applicable regulatory 

statutes. In the case of hazardous 

materials transportation, it is not 

possible to establish exceptions or 

differing standards and still accomplish 

our safety objectives. 

Conclusion. While the final rule will 

apply to a substantial number of small 

entities, there will not be a significant 

impact on those entities. This final rule 

reorganizes and clarifies the conditions 

and limitations on the use of 

international standards and regulations 

for transporting hazardous materials in 

the United States. The final rule also 

removes unnecessary and outdated 

requirements and includes expanded 

exceptions to increase shipper 

flexibility for the transport of hazardous 

materials to Canada. The exceptions 

provide increased flexibility for both 

shippers and carriers and will facilitate 

the international transportation of 

hazardous materials, thereby reducing 

overall transportation costs, while 

maintaining the safety standard 

currently achieved under the HMR. 

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 rules on small entities are 

properly considered. 

F. Paperwork Reduction Act 

There are no new information 

collection requirements in this final 

rule. 

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 

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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) (42 U.S.C. 4321 et 

seq.) requires each Federal agency to 

consider and analyze the environmental 

consequences of its actions. The 

analysis helps determine if the action is 

a major action that may significantly 

affect the quality of the human 

environment. 

We regulate hazardous materials 

transported by aircraft, vessel, rail, and 

highway. The potential for 

environmental damage or contamination 

exists when packages of hazardous 

materials are involved in accidents or en 

route incidents resulting from cargo 

shifts, valve failures, package failures, or 

loading, unloading, or handling 

problems. The ecosystems that could be 

affected by a release include air, water, 

soil, and ecological resources (for 

example, wildlife habitats). The adverse 

environmental impacts associated with 

releases of most hazardous materials are 

short-term impacts that can be greatly 

reduced or eliminated through prompt 

clean up of the accident scene. Most 

hazardous materials are not transported 

in quantities sufficient to cause 

significant, long-term environmental 

damage if they are released. 

The hazardous material regulatory 

system is a risk management system that 

is prevention oriented and focused on 

identifying a hazard and reducing the 

probability and quantity of a hazardous 

material release. Hazardous materials 

are categorized by hazard analysis and 

experience into hazard classes and 

packing groups. The regulations require 

each shipper to classify a material in 

accordance with these hazard classes 

and packing groups; the process of 

classifying a hazardous material is itself 

a form of hazard analysis. Further, the 

regulations require the shipper to 

communicate the material’s hazards 

through use of the hazard class, packing 

group, and proper shipping name on the 

shipping paper and the use of labels on 

packages and placards on transport 

vehicles. Thus the shipping paper, 

labels, and placards communicate the 

most significant findings of the 

shipper’s hazard analysis. A hazardous 

material is assigned to one of three 

packing groups based upon its degree of 

hazard, from a high hazard, Packing 

Group I to a low hazard, Packing Group 

III material. The quality, damage 

resistance, and performance standards 

of the packaging in each packing group 

are appropriate for the hazards of the 

material transported. 

The changes made to the HMR in this 

final rule will improve the effectiveness 

of the HMR by clarifying the conditions 

under which international transport 

standards and regulations may be used 

for shipments transported in the United 

States. When used as authorized in this 

final rule, the international standards 

and regulations provide an equivalent 

level of safety and environmental 

protection as the HMR. Therefore, there 

are no significant environmental 

impacts associated with this final rule. 

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), which 

may also be found at 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, 

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, 

Maritime carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, we 

are amending 49 CFR Chapter I as 

follows: 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 1. The authority citation for part 171 

continues to read as follows: 

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

CFR 1.45 and 1.53. 

■ 2. In part 171, designate § § 171.1 

through 171.14 as subpart A and add a 

new subpart A heading immediately 

before § 171.1 to read as follows: 

Subpart A—Applicability, General 

Requirements, and North American 

Shipments 

* * * * * 

§ 171.7 [Revised] 

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

the Table of Material Incorporated by 

Reference, the following changes are 

made: 

■ a. The entry ‘‘Canadian General 

Standards Board’’ is added in 

alphabetical order. 

■ b. Under the entry ‘‘International 

Atomic Energy Agency (IAEA),’’ revise 

the entry ‘‘IAEA, Regulations for the 

Safe Transport of Radioactive Material, 

1996 Edition (Revised), No. TS–R–1 

(ST–1, Revised)’’ by adding the words 

‘‘(IAEA Regulations)’’ after the wording 

‘‘Regulations for the Safe Transport of 

Radioactive Material’’, and in the 

second column, remove ‘‘171.12’’ and 

add ‘‘171.22; 171.23; 171.26’’ in its 

place. 

■ c. Under the entry ‘‘International Civil 

Aviation Organization (ICAO)’’, in the 

entry ‘‘Technical Instructions for the 

Safe Transport of Dangerous Goods by 

Air (ICAO Technical Instructions), 

2007–2008 Edition’’, in the second 

column, remove ‘‘171.11’’ and add 

‘‘171.22; 171.23; 171.24; 175.33’’ in its 

place. 

■ d. Under the entry ‘‘International 

Maritime Organization (IMO)’’, in the 

entry ‘‘International Maritime 

Dangerous Goods Code (IMDG Code), 

2006 Edition, Incorporating Amendment 

33–06 (English Edition), Volumes 1 and 

2’’, in the second column, remove 

‘‘171.12’’ and add ‘‘171.22; 171.23; 

171.25’’ in its place. 

■ e. Under the entry ‘‘Transport 

Canada’’, revise the entire entry for 

‘‘Transportation of Dangerous Goods 

(TDG) Regulations, August 2001 

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including Clear Language Amendments 

SOR/2001–286, Amendment 1 (SOR/ 

2002–306) August 8, 2002; Amendment 

2 (SOR/2003–273) July 24, 2003; and 

Amendment 3 (SOR/2003–400) 

December 3, 2003.’’ 

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

revise the entry ‘‘UN Recommendations 

on the Transport of Dangerous Goods 

(UN Recommendations), Fourteenth 

revised edition (2005), Volumes I and 

II’’, in the second column, remove 

‘‘171.12’’ and add ‘‘171.28’’ in its place, 

and add ‘‘173.56’’ in appropriate 

numerical order. 

The additions read as follows: 

§ 171.7 Reference material. 

(a) * * * 

(3) Table of material incorporated by 

reference. 

* * * * * 

Source and name of material 49 CFR reference 

* * * * * * * 

Canadian General Standards Board, Place du Portage III, 6B1 11 ....................................................................................... 171.12 

Laurier Street, Gatineau, Quebec, Canada K1A 1G6 

National Standard of Canada (CAN/CGSB 43.147—2005) Construction, Modification, Qualification, Maintenance, 

and Selection and Use of Means of Containment for the Handling, Offering for Transport, or Transportation of 

Dangerous Goods by Rail.

* * * * * * * 

Transport Canada * * * 

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

Clear Language Amendments SOR/2001–286, Amendment 1 (SOR/2002–306) August 8, 2002; Amendment 2 

(SOR/2003–273) July 24, 2003; Amendment 3 (SOR/2003–400) December 3, 2003; Amendment 4 (SOR/2005– 

216) July 13, 2005; and Amendment 5 (SOR/2005–279) September 21, 2005.

171.12; 171.22; 

171.23; 172.401; 

172.502; 172.519; 

172.602; 173.31; 

173.32; 173.33 

* * * * * * * 

§ § 171.11 [Removed and Reserved] 

■ 4. Remove and reserve § § 171.11. 

■ 5. Revise the section heading for §

171.12; revise paragraph (a); remove 

paragraphs (b), (c), and (d); and 

redesignate paragraph (e) as paragraph 

(b), to read as follows: 

§ 171.12 North American Shipments. 

(a) Requirements for the use of the 

Transport Canada TDG Regulations. (1) 

A hazardous material transported from 

Canada to the United States, from the 

United States to Canada, or transiting 

the United States to Canada or a foreign 

destination may be offered for 

transportation or transported by motor 

carrier and rail in accordance with the 

Transport Canada TDG Regulations 

(IBR, see § 171.7) as authorized in §

171.22, provided the requirements in 

§ § 171.22 and 171.23, as applicable, 

and this section are met. In addition, a 

cargo tank motor vehicle, portable tank 

or rail tank car authorized by the 

Transport Canada TDG Regulations may 

be used for transportation to, from, or 

within the United States provided the 

cargo tank motor vehicle, portable tank 

or rail tank car conforms to the 

applicable requirements of this section. 

Except as otherwise provided in this 

subpart, the requirements in parts 172, 

173, and 178 of this subchapter do not 

apply for a material transported in 

accordance with the Transport Canada 

TDG Regulations if all other 

requirements of this subpart and the 

TDG Regulations are met. (2) General packaging requirements. 

When the provisions of this subchapter 

require a DOT specification or UN 

standard packaging to be used for 

transporting a hazardous material, a 

packaging authorized by the Transport 

Canada TDG Regulations may be used, 

subject to the limitations of this subpart, 

and only if it is equivalent to the 

corresponding DOT specification or UN 

packaging (see § 173.24(d)(2) of this 

subchapter) authorized by this 

subchapter. 

(3) Bulk packagings. A portable tank, 

cargo tank motor vehicle or rail tank car 

equivalent to a corresponding DOT 

specification and conforming to and 

authorized by the Transport Canada 

TDG Regulations may be used 

provided— 

(i) An equivalent type of packaging is 

authorized for the hazardous material 

according to the § 172.101 table of this 

subchapter; 

(ii) The portable tank, cargo tank 

motor vehicle or rail tank car conforms 

to the requirements of the applicable 

part 173 bulk packaging section 

specified in the § 172.101 table for the 

material to be transported; 

(iii) The portable tank, cargo tank 

motor vehicle or rail tank car conforms 

to the requirements of all assigned bulk 

packaging special provisions (B codes, 

and T and TP codes) in § 172.102 of 

this subchapter; and 

(iv) The bulk packaging conforms to 

all applicable requirements of § §

173.31, 173.32, 173.33 and 173.35 of 

this subchapter, and parts 177 and 180 

of this subchapter. The periodic retests 

and inspections required by § § 173.31, 

173.32 and 173.33 of this subchapter 

may be performed in accordance with 

part 180 of this subchapter or in 

accordance with the requirements of the 

TDG Regulations provided that the 

intervals prescribed in part 180 of this 

subchapter are met. 

(v) Rail tank cars must conform to the 

requirements of Canadian General 

Standards Board standard 43.147 (IBR, 

see § 171.7). 

(4) Cylinders. When the provisions of 

this subchapter require that a DOT 

specification or a UN pressure 

receptacle must be used for a hazardous 

material, a packaging authorized by the 

Transport Canada TDG Regulations may 

be used only if it corresponds to the 

DOT specification or UN standard 

authorized by this subchapter. Unless 

otherwise excepted in this subchapter, a 

cylinder (including a UN pressure 

receptacle) may not be transported 

unless— 

(i) The packaging is a UN pressure 

receptacle marked with the letters 

‘‘CAN’’ for Canada as a country of 

manufacture or a country of approval or 

is a cylinder that was manufactured, 

inspected and tested in accordance with 

a DOT specification or a UN standard 

prescribed in part 178 of this 

subchapter, except that cylinders not 

conforming to these requirements must 

meet the requirements in § 171.23. Each 

cylinder must conform to the applicable 

requirements in part 173 of this 

subchapter for the hazardous material 

involved. 

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(ii) The packaging is a Canadian 

Transport Commission (CTC) 

specification cylinder manufactured, 

originally marked and approved in 

accordance with the CTC regulations 

and in full conformance with the 

Transport Canada TDG Regulations. 

(A) The CTC specification 

corresponds with a DOT specification 

and the cylinder markings are the same 

as those specified in this subchapter 

except that they were originally marked 

with the letters ‘‘CTC’’ in place of 

‘‘DOT’’; 

(B) The cylinder has been requalified 

under a program authorized by the 

Transport Canada TDG Regulations or 

requalified in accordance with the 

requirements in § 180.205 within the 

prescribed requalification period 

provided for the corresponding DOT 

specification; 

(C) When the regulations authorize a 

cylinder for a specific hazardous 

material with a specification marking 

prefix of ‘‘DOT’’, a cylinder marked 

‘‘CTC’’ which otherwise bears the same 

markings that would be required of the 

specified ‘‘DOT’’ cylinder may be used; 

and 

(D) Transport of the cylinder and the 

material it contains is in all other 

respects in conformance with the 

requirements of this subchapter (e.g. 

valve protection, filling requirements, 

operational requirements, etc.). 

(5) Class 1 (explosive) materials. 

When transporting Class 1 (explosive) 

material, rail and motor carriers must 

comply with 49 CFR 1572.9 and 1572.11 

to the extent the requirements apply. 

* * * * * 

§ 171.12a [Removed and Reserved] 

■ 6. Remove and reserve § 171.12a. 

■ 7. In part 171, designate § § 171.15 

through 171.21 as subpart B and add a 

new Subpart B heading immediately 

before § 171.15 to read as follows: 

Subpart B—Incident Reporting, 

Notification, BOE Approvals and 

Authorization 

* * * * * 

■ 8. In part 171, add new Subpart C to 

read as follows: 

Subpart C—Authorization and 

Requirements for the Use of 

International Transport Standards and 

Regulations 

Sec. 

171.22 Authorization and conditions for the 

use of international standards and 

regulations. 

171.23 Requirements for specific materials 

and packagings transported under the 

ICAO Technical Instructions, IMDG 

Code, Transport Canada TDG 

Regulations, or the IAEA Regulations. 

171.24 Additional requirements for the use of 

the ICAO Technical Instructions. 

171.25 Additional requirements for the use of 

the IMDG Code. 

171.26 Additional requirements for the use of 

the IAEA Regulations. 

§ 171.22 Authorization and conditions for 

use of international standards and 

regulations. 

(a) Authorized international 

standards and regulations. This subpart 

authorizes, with certain conditions and 

limitations, the offering for 

transportation and the transportation in 

commerce of hazardous materials to, 

from, or within the United States in 

accordance with the International Civil 

Aviation Organization’s Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (ICAO 

Technical Instructions), the 

International Maritime Dangerous 

Goods Code (IMDG Code), Transport 

Canada’s Transportation of Dangerous 

Goods Regulations (Transport Canada 

TDG Regulations), and the International 

Atomic Energy Agency Regulations for 

the Safe Transport of Radioactive 

Material (IAEA Regulations) (IBR, see §

171.7). 

(b) Limitations on the use of 

international standards and regulations. 

A hazardous material that is offered for 

transportation or transported in 

accordance with the international 

standards and regulations authorized in 

paragraph (a) of this section— 

(1) Is subject to the requirements of 

the applicable international standard or 

regulation and must be offered for 

transportation or transported in 

conformance with the applicable 

standard or regulation; and 

(2) Must conform to all applicable 

requirements of this subpart. 

(c) Materials excepted from regulation 

under international standards and 

regulations. A material designated as a 

hazardous material under this 

subchapter, but excepted from or not 

subject to the international transport 

standards and regulations authorized in 

paragraph (a) of this section (e.g., 

paragraph 1.16 of the Transport Canada 

TDG Regulations excepts from 

regulation quantities of hazardous 

materials less than or equal to 500 kg 

gross transported by rail) must be 

transported in accordance with all 

applicable requirements of this 

subchapter. 

(d) Materials not regulated under this 

subchapter. Materials not designated as 

hazardous materials under this 

subchapter but regulated by an 

international transport standard or 

regulation authorized in paragraph (a) of 

this section may be offered for 

transportation and transported in the 

United States in full compliance (i.e., 

packaged, marked, labeled, classed, 

described, stowed, segregated, secured) 

with the applicable international 

transport standard or regulation. 

(e) Forbidden materials. No person 

may offer for transportation or transport 

a hazardous material that is a forbidden 

material or package as designated in— 

(1) Section 173.21 of this subchapter; 

(2) Column (3) of the § 172.101 Table 

of this subchapter; 

(3) Column (9A) of the § 172.101 

Table of this subchapter when offered 

for transportation or transported on 

passenger aircraft or passenger railcar; 

or 

(4) Column (9B) of the § 172.101 

Table of this subchapter when offered 

for transportation or transported by 

cargo aircraft. 

(f) Complete information and 

certification. (1) Except for shipments 

into the United States from Canada 

conforming to § 171.12, each person 

importing a hazardous material into the 

United States must provide the 

forwarding agent at the place of entry 

into the United States timely and 

complete written information as to the 

requirements of this subchapter 

applicable to the particular shipment. 

(2) After May 4, 2009, the shipper, 

directly or through the forwarding agent 

at the place of entry, must provide the 

initial U.S. carrier with the shipper’s 

certification required by § 172.204 of 

this subchapter, unless the shipment is 

otherwise excepted from the 

certification requirement. Except for 

shipments for which the certification 

requirement does not apply, a carrier 

may not accept a hazardous material for 

transportation unless provided a 

shipper’s certification. 

(3) All shipping paper information 

and package markings required in 

accordance with this subchapter must 

be in English. The use of shipping 

papers and a package marked with both 

English and a language other than 

English, in order to dually comply with 

this subchapter and the regulations of a 

foreign entity, is permitted under this 

subchapter. 

(4) Each person who provides for 

transportation or receives for 

transportation (see § § 174.24, 175.30, 

176.24 and 177.817 of this subchapter) 

a shipping paper must retain a copy of 

the shipping paper or an electronic 

image thereof that is accessible at or 

through its principal place of business 

in accordance with § 172.201(e) of this 

part. 

(g) Additional requirements for the 

use of international standards and 

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regulations. All shipments offered for 

transportation or transported in the 

United States in accordance with this 

subpart must conform to the following 

requirements of this subchapter, as 

applicable: 

(1) The emergency response 

information requirements in subpart G 

of part 172 of this subchapter; 

(2) The training requirements in 

subpart H of part 172 of this subchapter, 

including function-specific training in 

the use of the international transport 

standards and regulations authorized in 

paragraph (a) of this section, as 

applicable; 

(3) The security requirements in 

subpart I of part 172 of this subchapter; 

(4) The incident reporting 

requirements in § § 171.15 and 171.16 

of this part for incidents occurring 

within the jurisdiction of the United 

States including on board vessels in the 

navigable waters of the United States 

and aboard aircraft of United States 

registry anywhere in air commerce; 

(5) The general packaging 

requirements in § § 173.24 and 173.24a 

of this subchapter; 

(6) The requirements for the reuse, 

reconditioning, and remanufacture of 

packagings in § 173.28 of this 

subchapter; and 

(7) The registration requirements in 

subpart G of part 107 of this chapter. 

§ 171.23 Requirements for specific 

materials and packagings transported 

under the ICAO Technical Instructions, 

IMDG Code, Transport Canada TDG 

Regulations, or the IAEA Regulations. 

All shipments offered for 

transportation or transported in the 

United States under the ICAO Technical 

Instructions, IMDG Code, Transport 

Canada TDG Regulations, or the IAEA 

Regulations (IBR, see § 171.7) must 

conform to the requirements of this 

section, as applicable. 

(a) Conditions and requirements for 

cylinders—(1) Except as provided in 

this paragraph, a filled cylinder 

(pressure receptacle) manufactured to 

other than a DOT specification or a UN 

standard in accordance with part 178 of 

this subchapter, or a DOT exemption or 

special permit cylinder or a cylinder 

used as a fire extinguisher in 

conformance with § 173.309(a) of this 

subchapter, may not be transported to, 

from, or within the United States. 

(2) Cylinders (including UN pressure 

receptacles) transported to, from, or 

within the United States must conform 

to the applicable requirements of this 

subchapter. Unless otherwise excepted 

in this subchapter, a cylinder must not 

be transported unless— 

(i) The cylinder is manufactured, 

inspected and tested in accordance with 

a DOT specification or a UN standard 

prescribed in part 178 of this 

subchapter, except that cylinders not 

conforming to these requirements must 

meet the requirements in paragraphs 

(a)(3), (a)(4) or (a)(5) of this section; 

(ii) The cylinder is equipped with a 

pressure relief device in accordance 

with § 173.301(f) of this subchapter and 

conforms to the applicable requirements 

in part 173 of this subchapter for the 

hazardous material involved; 

(iii) The openings on an aluminum 

cylinder in oxygen service conform to 

the requirements of this paragraph, 

except when the cylinder is used for 

aircraft parts or used aboard an aircraft 

in accordance with the applicable 

airworthiness requirements and 

operating regulations. An aluminum 

DOT specification cylinder must have 

an opening configured with straight 

(parallel) threads. A UN pressure 

receptacle may have straight (parallel) 

or tapered threads provided the UN 

pressure receptacle is marked with the 

thread type, e.g. ‘‘17E, 25E, 18P, or 25P’’ 

and fitted with the properly marked 

valve; and 

(iv) A UN pressure receptacle is 

marked with ‘‘USA’’ as a country of 

approval in conformance with § §

178.69 and 178.70 of this subchapter. 

(3) Importation of cylinders for 

discharge within a single port area: A 

cylinder manufactured to other than a 

DOT specification or UN standard in 

accordance with part 178 of this 

subchapter and certified as being in 

conformance with the transportation 

regulations of another country may be 

authorized, upon written request to and 

approval by the Associate 

Administrator, for transportation within 

a single port area, provided— 

(i) The cylinder is transported in a 

closed freight container; 

(ii) The cylinder is certified by the 

importer to provide a level of safety at 

least equivalent to that required by the 

regulations in this subchapter for a 

comparable DOT specification or UN 

cylinder; and 

(iii) The cylinder is not refilled for 

export unless in compliance with 

paragraph (a)(3) of this section. 

(4) Filling of cylinders for export or 

for use on board a vessel: A cylinder not 

manufactured, inspected, tested and 

marked in accordance with part 178 of 

this subchapter, or a cylinder 

manufactured to other than a UN 

standard, DOT specification, exemption 

or special permit, may be filled with a 

gas in the United States and offered for 

transportation and transported for 

export or alternatively, for use on board 

a vessel, if the following conditions are 

met: 

(i) The cylinder has been requalified 

and marked with the month and year of 

requalification in accordance with 

subpart C of part 180 of this subchapter, 

or has been requalified as authorized by 

the Associate Administrator; 

(ii) In addition to other requirements 

of this subchapter, the maximum filling 

ensity, service pressure, and pressure 

relief device for each cylinder conform 

to the requirements of this part for the 

gas involved; and 

(iii) The bill of lading or other 

shipping paper identifies the cylinder 

and includes the following certification: 

‘‘This cylinder has (These cylinders 

have) been qualified, as required, and 

filled in accordance with the DOT 

requirements for export.’’ 

(5) Cylinders not equipped with 

pressure relief devices: A DOT 

specification or a UN cylinder 

manufactured, inspected, tested and 

marked in accordance with part 178 of 

this subchapter and otherwise conforms 

to the requirements of part 173 for the 

gas involved, except that the cylinder is 

not equipped with a pressure relief 

device may be filled with a gas and 

offered for transportation and 

transported for export if the following 

conditions are met: 

(i) Each DOT specification cylinder or 

UN pressure receptacle must be plainly 

and durably marked ‘‘For Export Only’’; 

(ii) The shipping paper must carry the 

following certification: ‘‘This cylinder 

has (These cylinders have) been retested 

and refilled in accordance with the DOT 

requirements for export.’’; and 

(iii) The emergency response 

information provided with the shipment 

and available from the emergency 

response telephone contact person must 

indicate that the pressure receptacles 

are not fitted with pressure relief 

devices and provide appropriate 

guidance for exposure to fire. 

(b) Conditions and requirements 

specific to certain materials—(1) 

Aerosols. Except for a limited quantity 

of a compressed gas in a container of not 

more than 4 fluid ounces capacity 

meeting the requirements in §

173.306(a)(1) of this subchapter, the 

proper shipping name ‘‘Aerosol,’’ 

UN1950, may be used only for a nonrefillable receptacle containing a gas 

compressed, liquefied, or dissolved 

under pressure the sole purpose of 

which is to expel a nonpoisonous (other 

than Division 6.1, Packing Group III 

material) liquid, paste, or powder and 

fitted with a self-closing release device 

(see § 171.8). In addition, an aerosol 

must be in a metal packaging when the 

packaging exceeds 7.22 cubic inches. 

(2) Air bag inflator, air bag module 

and seat-belt pretensioner. For each 

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approved air bag inflator, air bag 

module and seat-belt pretensioner, the 

shipping paper description must 

conform to the requirements in §

173.166(c) of this subchapter. 

(i) The EX number or product code 

must be included in association with 

the basic shipping description. When a 

product code is used, it must be 

traceable to the specific EX number 

assigned to the inflator, module or seatbelt pretensioner by the Associate 

Administrator. The EX number or 

product code is not required to be 

marked on the outside package. 

(ii) The proper shipping name 

‘‘Articles, pyrotechnic for technical 

purposes, UN0431’’ must be used for all 

air bag inflators, air bag modules, and 

seat-belt pretensioners meeting the 

criteria for a Division 1.4G material. 

(3) Chemical oxygen generators. 

Chemical oxygen generators must be 

approved, classed, described, packaged, 

and transported in accordance with the 

requirements of this subchapter. 

(4) Class 1 (explosive) materials. Prior 

to being transported, Class 1 (explosive) 

materials must be approved by the 

Associate Administrator in accordance 

with § 173.56 of this subchapter. Each 

package containing a Class 1 (explosive) 

material must conform to the marking 

requirements in § 172.320 of this 

subchapter. 

(5) Hazardous substances. Except for 

Class 7 (radioactive) materials, a 

material meeting the definition of a 

hazardous substance as defined in §

171.8, must conform to the shipping 

paper requirements in § 172.203(c) of 

this subchapter and the marking 

requirements in § 172.324 of this 

subchapter: 

(i) The proper shipping name must 

identify the hazardous substance by 

name, or the name of the substance 

must be entered in parentheses in 

association with the basic description 

and marked on the package in 

association with the proper shipping 

name. If the hazardous substance meets 

the definition for a hazardous waste, the 

waste code (for example, D001), may be 

used to identify the hazardous 

substance; 

(ii) The shipping paper and the 

package markings must identify at least 

two hazardous substances with the 

lowest reportable quantities (RQs) when 

the material contains two or more 

hazardous substances; and 

(iii) The letters ‘‘RQ’’ must be entered 

on the shipping paper either before or 

after the basic description, and marked 

on the package in association with the 

proper shipping name for each 

hazardous substance listed. 

(6) Hazardous wastes. A material 

meeting the definition of a hazardous 

waste (see § 171.8) must conform to the 

following: 

(i) The shipping paper and the 

package markings must include the 

word ‘‘Waste’’ immediately preceding 

the proper shipping name; 

(ii) The shipping paper must be 

retained by the shipper and by each 

carrier for three years after the material 

is accepted by the initial carrier (see §

172.205(e)(5)); and 

(iii) A hazardous waste manifest must 

be completed in accordance with §

172.205 of this subchapter. 

(7) Marine pollutants. Except for 

marine pollutants (see § 171.8) 

transported in accordance with the 

IMDG Code, marine pollutants 

transported in bulk packages must meet 

the shipping paper requirements in §

172.203(l) of this subchapter and the 

package marking requirements in §

172.322 of this subchapter. 

(8) Organic peroxides. Organic 

peroxides not identified by technical 

name in the Organic Peroxide Table in 

§ 173.225(b) of this subchapter must be 

approved by the Associate 

Administrator in accordance with §

173.128(d) of this subchapter. 

(9) Poisonous materials, Division 6.1. 

Division 6.1 hazardous materials 

transported as limited quantities are not 

excepted from labeling (see §

173.153(b)). 

(10) Poisonous by inhalation 

materials. A material poisonous by 

inhalation (see § 171.8) must conform 

to the following requirements: 

(i) The words ‘‘Poison-Inhalation 

Hazard’’ or ‘‘Toxic-Inhalation Hazard’’ 

and the words ‘‘Zone A,’’ ‘‘Zone B,’’ 

‘‘Zone C,’’ or ‘‘Zone D’’ for gases, or 

‘‘Zone A’’ or ‘‘Zone B’’ for liquids, as 

appropriate, must be entered on the 

shipping paper immediately following 

the basic shipping description. The 

word ‘‘Poison’’ or ‘‘Toxic’’ or the phrase 

‘‘Poison-Inhalation Hazard’’ or ‘‘ToxicInhalation Hazard’’ need not be repeated 

if it otherwise appears in the shipping 

description; 

(ii) The material must be packaged in 

accordance with the requirements of 

this subchapter; 

(iii) The package must be marked in 

accordance with § 172.313 of this 

subchapter; and 

(iv) Except as provided in 

subparagraph (B) of this paragraph 

(b)(10)(iv) and for a package containing 

anhydrous ammonia prepared in 

accordance with the Transport Canada 

TDG Regulations, the package must be 

labeled or placarded with POISON 

INHALATION HAZARD or POISON 

GAS, as appropriate, in accordance with 

Subparts E and F of part 172 of this 

subchapter. 

(A) For a package transported in 

accordance with the IMDG Code in a 

closed transport vehicle or freight 

container, a label or placard conforming 

to the IMDG Code specifications for a 

‘‘Class 2.3’’ or ‘‘Class 6.1’’ label or 

placard may be substituted for the 

POISON GAS or POISON INHALATION 

HAZARD label or placard, as 

appropriate. The transport vehicle or 

freight container must be marked with 

the identification numbers for the 

hazardous material, regardless of the 

total quantity contained in the transport 

vehicle or freight container, in the 

manner specified in § 172.313(c) of this 

subchapter and placarded as required by 

subpart F of part 172 of this subchapter. 

(B) For a package transported in 

accordance with the Transport Canada 

TDG Regulations in a closed transport 

vehicle or freight container, a label or 

placard conforming to the TDG 

Regulations specifications for a ‘‘Class 

2.3’’ or ‘‘Class 6.1’’ label or placard may 

be substituted for the POISON GAS or 

POISON INHALATION HAZARD label 

or placard, as appropriate. The transport 

vehicle or freight container must be 

marked with the identification numbers 

for the hazardous material, regardless of 

the total quantity contained in the 

transport vehicle or freight container, in 

the manner specified in § 172.313(c) of 

this subchapter and placarded as 

required by subpart F of part 172 of this 

subchapter. While in transportation in 

the United States, the transport vehicle 

or freight container may also be 

placarded in accordance with the 

appropriate Transport Canada TDG 

Regulations in addition to being 

placarded with the POISON GAS or 

POISON INHALATION HAZARD 

placards. 

(11) Class 7 (radioactive) materials. (i) 

Highway route controlled quantities (see 

§ 173.403 of this subchapter) must be 

shipped in accordance with § §

172.203(d)(4) and (d)(10); 172.507, and 

173.22(c) of this subchapter; 

(ii) For fissile materials and Type B, 

Type B(U), and Type B(M) packagings, 

the competent authority certification 

and any necessary revalidation must be 

obtained from the appropriate 

competent authorities as specified in § §

173.471, 173.472, and 173.473 of this 

subchapter, and all requirements of the 

certificates and revalidations must be 

met; 

(iii) Type A package contents are 

limited in accordance with § 173.431 of 

this subchapter; 

(iv) The country of origin for the 

shipment must have adopted the edition 

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of TS–R–1 of the IAEA Regulations 

referenced in § 171.7; 

(v) The shipment must conform to the 

requirements of § 173.448, when 

applicable; 

(vi) The definition for ‘‘radioactive 

material’’ in § 173.403 of this 

subchapter must be applied to 

radioactive materials transported under 

the provisions of this subpart; 

(vii) Except for limited quantities, the 

shipment must conform to the 

requirements of § 172.204(c)(4) of this 

subchapter; and 

(viii) Excepted packages of radioactive 

material, instruments or articles, or 

articles containing natural uranium or 

thorium must conform to the 

requirements of § § 173.421, 173.424, or 

173.426 of this subchapter, as 

appropriate. 

(12) Self-reactive materials. Selfreactive materials not identified by 

technical name in the Self-reactive 

Materials Table in § 173.224(b) of this 

subchapter must be approved by the 

Associate Administrator in accordance 

with § 173.124(a)(2)(iii) of this 

subchapter. 

§ 171.24 Additional requirements for the 

use of the ICAO Technical Instructions. 

(a) A hazardous material that is 

offered for transportation or transported 

within the United States by aircraft, and 

by motor vehicle or rail either before or 

after being transported by aircraft in 

accordance with the ICAO Technical 

Instructions (IBR, see § 171.7), as 

authorized in paragraph (a) of § 171.22, 

must conform to the requirements in §

171.22, as applicable, and this section. 

(b) Any person who offers for 

transportation or transports a hazardous 

material in accordance with the ICAO 

Technical Instructions must comply 

with the following additional conditions 

and requirements: 

(1) All applicable requirements in 

parts 171 and 175 of this subchapter 

(also see 14 CFR 121.135, 121.401, 

121.433a, 135.323, 135.327 and 

135.333); 

(2) The quantity limits prescribed in 

the ICAO Technical Instructions for 

transportation by passenger-carrying or 

cargo aircraft, as applicable; 

(3) The conditions or requirements of 

a United States variation, when 

specified in the ICAO Technical 

Instructions. 

(c) Highway transportation. For 

transportation by highway prior to or 

after transportation by aircraft, a 

shipment must conform to the 

applicable requirements of part 177 of 

this subchapter, and the motor vehicle 

must be placarded in accordance with 

subpart F of part 172. 

(d) Conditions and requirements 

specific to certain materials. Hazardous 

materials offered for transportation or 

transported in accordance with the 

ICAO Technical Instructions must 

conform to the following specific 

conditions and requirements, as 

applicable: 

(1) Batteries—(i) Nonspillable wet 

electric storage batteries. Nonspillable 

wet electric storage batteries are not 

subject to the requirements of this 

subchapter provided— 

(A) The battery meets the conditions 

specified in Special Provision 67 of the 

ICAO Technical Instructions; 

(B) The battery, its outer packaging, 

and any overpack are plainly and 

durably marked ‘‘NONSPILLABLE’’ or 

‘‘NONSPILLABLE BATTERY’’; and 

(C) The batteries or battery assemblies 

are offered for transportation or 

transported in a manner that prevents 

short circuiting or forced discharge, 

including, but not limited to, protection 

of exposed terminals. 

(ii) Primary lithium batteries and 

cells. Primary lithium batteries and cells 

may not be transported aboard 

passenger carrying aircraft. Equipment 

containing or packed with primary 

lithium batteries or cells may not be 

transported aboard passenger-carrying 

aircraft except as provided in § 172.102, 

Special Provision A101 or A103, of this 

subchapter. Except for primary lithium 

batteries and cells contained in or 

packed with equipment, packagings 

containing primary lithium batteries 

and cells meeting the exceptions in §

173.185(b) and (c) of this subchapter 

must be marked ‘‘PRIMARY LITHIUM 

BATTERIES—FORBIDDEN FOR 

TRANSPORT ABOARD PASSENGER 

AIRCRAFT’’ and may be transported 

aboard cargo-only aircraft. 

(iii) Prototype lithium batteries and 

cells. Prototype lithium batteries and 

cells are forbidden for transport aboard 

passenger aircraft and must be approved 

by the Associate Administrator prior to 

transportation aboard cargo aircraft, in 

accordance with the requirements of 

Special Provision A55 in § 172.102 of 

this subchapter. 

(2) Oxygen cylinders. A cylinder 

containing ‘‘Oxygen, compressed’’ may 

not be transported aboard a passengercarrying aircraft, or in an inaccessible 

cargo location aboard a cargo-only 

aircraft, unless it is packaged as 

required by parts 173 and 178 of this 

subchapter and is placed in an overpack 

or outer packaging that satisfies the 

requirements of Special Provision A52 

in § 172.102. 

§ 171.25 Additional requirements for the 

use of the IMDG Code. 

(a) A hazardous material may be 

offered for transportation or transported 

to, from or within the United States by 

vessel, and by motor carrier and rail in 

accordance with the IMDG Code (IBR, 

see § 171.7), as authorized in § 171.22, 

provided all or part of the movement is 

by vessel. Such shipments must 

conform to the requirements in §

171.22, as applicable, and this section. 

(b) Any person who offers for 

transportation or transports a hazardous 

material in accordance with the IMDG 

Code must conform to the following 

additional conditions and requirements: 

(1) Unless otherwise excepted, a 

shipment must conform to the 

requirements in part 176 of this 

subchapter. For transportation by rail or 

highway prior to or subsequent to 

transportation by vessel, a shipment 

must conform to the applicable 

requirements of parts 174 and 177 

respectively, of this subchapter, and the 

motor vehicle or rail car must be 

placarded in accordance with subpart F 

of part 172 of this subpart. When a 

hazardous material regulated by this 

subchapter for transportation by 

highway is transported by motor vehicle 

on a public highway under the 

provisions of this subpart, the 

segregation requirements of Part 7, 

Chapter 2 of the IMDG Code are 

authorized. 

(2) The stowage and segregation 

requirements in Part 7 of the IMDG 

Code may be substituted for the stowage 

and segregation requirements in part 

176 of this subchapter. 

(c) Conditions and requirements for 

bulk packagings. Except for IBCs and 

UN portable tanks used for the 

transportation of liquids or solids, bulk 

packagings must conform to the 

requirements of this subchapter. 

Additionally, the following 

requirements apply: 

(1) UN portable tanks must conform to 

the requirements in Special Provisions 

TP37, TP38, TP44 and TP45 when 

applicable, and any applicable bulk 

special provisions assigned to the 

hazardous material in the Hazardous 

Materials Table in § 172.101 of this 

subchapter; 

(2) IMO Type 5 portable tanks must 

conform to DOT Specification 51 or UN 

portable tank requirements, unless 

specifically authorized in this 

subchapter or approved by the Associate 

Administrator; 

(3) Except as specified in this subpart, 

for a material poisonous (toxic) by 

inhalation, the T Codes specified in 

Column 13 of the Dangerous Goods List 

in the IMDG Code may be applied to the 

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25176 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

transportation of those materials in IM, 

IMO and DOT Specification 51 portable 

tanks, when these portable tanks are 

authorized in accordance with the 

requirements of this subchapter; and 

(4) No person may offer an IM or UN 

portable tank containing liquid 

hazardous materials of Class 3, PG I or 

II, or PG III with a flash point less than 

100 [deg]F (38 [deg]C); Division 5.1, PG 

I or II; or Division 6.1, PG I or II, for 

unloading while it remains on a 

transport vehicle with the motive power 

unit attached, unless it conforms to the 

requirements in § 177.834(o) of this 

subchapter. 

(d) Use of IMDG Code in port areas. 

(1) Except for Division 1.1, 1.2, and 

Class 7 materials, a hazardous material 

being imported into or exported from 

the United States or passing through the 

United States in the course of being 

shipped between locations outside the 

United States may be offered and 

accepted for transportation and 

transported by motor vehicle within a 

single port area, including contiguous 

harbors, when packaged, marked, 

classed, labeled, stowed and segregated 

in accordance with the IMDG Code, 

offered and accepted in accordance with 

the requirements of subparts C and F of 

part 172 of this subchapter pertaining to 

shipping papers and placarding, and 

otherwise conforms to the applicable 

requirements of part 176 of this 

subchapter. 

(2) The requirement in § 172.201(d) 

of this subchapter for an emergency 

telephone number does not apply to 

shipments made in accordance with the 

IMDG Code if the hazardous material is 

not offloaded from the vessel, or is 

offloaded between ocean vessels at a 

U.S. port facility without being 

transported by public highway. 

§ 171.26 Additional requirements for the 

use of the IAEA Regulations. 

A Class 7 (radioactive) material being 

imported into or exported from the 

United States or passing through the 

United States in the course of being 

shipped between places outside the 

United States may be offered for 

transportation or transported in 

accordance with the IAEA Regulations 

(IBR, see § 171.7) as authorized in 

paragraph (a) of § 171.22, provided the 

requirements in § 171.22, as applicable, 

are met. 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENTS 

■ 7. The authority citation for part 172 

continues to read as follows: 

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

CFR, 1.53. 

■ 8. In § 172.400a, revise paragraph (d) 

to read as follows: 

§ 172.400a Exceptions from labeling. 

* * * * * 

(d) A package containing a material 

poisonous by inhalation (see § 171.8 of 

this subchapter) in a closed transport 

vehicle or freight container may be 

excepted from the POISON 

INHALATION HAZARD or POISON 

GAS label or placard, under the 

conditions set forth in § 171.23(b)(11) of 

this subchapter. 

■ 9. In § 172.519, revise paragraph (f) to 

read as follows: 

§ 172.519 General specifications for 

placards. 

* * * * * 

(f) Exceptions. When hazardous 

materials are offered for transportation 

or transported under the provisions of 

subpart C of part 171 of this subchapter, 

a placard conforming to the 

specifications in the ICAO Technical 

Instructions, the IMDG Code, or the 

Transport Canada TDG Regulations 

(IBR, see § 171.7 of this subchapter) 

may be used in place of a corresponding 

placard conforming to the requirements 

of this subpart. However, a bulk 

packaging, transport vehicle, or freight 

container containing a material 

poisonous by inhalation (see § 171.8 of 

this subchapter) must be placarded in 

accordance with this subpart (see §

171.23(b)(11) of this subchapter). 

* * * * * 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 12. 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. 

§ 173.21 [Amended] 

■ 13. In § 173.21, in paragraph (k), in 

the first sentence, the phrase ‘‘including 

§ 171.11 and’’ is revised to read 

‘‘including subpart C of part 171 and’’. 

■ 14. In § 173.24, revise paragraphs 

(c)(2) and (i) to read as follows: 

§ 173.24 General requirements for 

packagings and packages. 

* * * * * 

(c) * * * 

(2) The packaging is permitted under, 

and conforms to, provisions contained 

in subparts B or C of part 171 of this 

subchapter or § § 173.3, 173.4, 173.5, 

173.5a, 173.6, 173.7, 173.8, 173.27, or §

176.11 of this subchapter. 

* * * * * 

(i) Air transportation. Except as 

provided in subpart C of part 171 of this 

subchapter, packages offered or 

intended for transportation by aircraft 

must conform to the general 

requirements for transportation by 

aircraft in § 173.27. 

■ 15. In § 173.27, revise paragraph (f) 

introductory text to read as follows: 

§ 173.27 General requirements for 

transportation by aircraft. 

* * * * * 

(f) Combination packagings. Unless 

otherwise specified in this part, or in 

subpart C of part 171 of this subchapter, 

when combination packagings are 

offered for transportation aboard 

aircraft, inner packagings must conform 

to the quantity limitations set forth in 

Table 1 of this paragraph for transport 

aboard passenger-carrying aircraft and 

Table 2 of this paragraph for transport 

aboard cargo aircraft only, as follows: 

* * * * * 

■ 15. In § 173.31, add new paragraph 

(a)(8) to read as follows: 

§ 173.31 Use of tank cars. 

(a) * * * 

(8) A tank car authorized by the 

Transport Canada TDG Regulations 

(IBR, see § 171.7 of this subchapter) 

may be used provided it conforms to the 

applicable requirements in § 171.12 of 

this subchapter. 

* * * * * 

■ 16. In § 173.32, add new paragraph 

(b)(4) to read as follows: 

§ 173.32 Requirements for the use of 

portable tanks. 

* * * * * 

(b) * * * 

(4) A portable tank authorized by the 

Transport Canada TDG Regulations 

(IBR, see § 171.7 of this subchapter) 

may be used provided it conforms to the 

applicable requirements in § 171.12 of 

this subchapter. 

* * * * * 

■ 17. In § 173.33, add new paragraph 

(h) to read as follows: 

§ 173.33 Hazardous materials in cargo 

tank motor vehicles. 

* * * * * 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 25177 

(h) A cargo tank motor vehicle 

authorized by the Transport Canada 

TDG Regulations (IBR, see § 171.7 of 

this subchapter) may be used provided 

it conforms to the applicable 

requirements in § 171.12 of this 

subchapter. 

■ 18. In § 173.56, revise paragraph (g) 

to read as follows: 

§ 173.56 New explosives—definition and 

procedures for classification and approval. 

* * * * * 

(g) An explosive may be transported 

under subparts B or C of part 171 or §

176.11 of this subchapter without the 

approval of the Associate Administrator 

as required by paragraph (b) of this 

section if the Associate Administrator 

has acknowledged in writing the 

acceptability of an approval issued by 

the competent authority of a foreign 

government pursuant to the provisions 

of the UN Recommendations, the ICAO 

Technical Instructions, the IMDG Code 

(IBR, see § 171.7 of this subchapter), or 

other national or international 

regulations based on the UN 

Recommendations. In such a case, a 

copy of the foreign competent authority 

approval, and a copy of the written 

acknowledgement of its acceptance 

must accompany each shipment of that 

explosive. 

* * * * * 

■ 19. In § 173.301, revise paragraph (j); 

remove paragraphs (k), (l) and (m); and 

redesignate paragraph (n) as paragraph 

(k), to read as follows: 

§ 173.301 General requirements for 

shipment of compressed gases in cylinders 

and spherical pressure vessels. 

* * * * * 

(j) Non-specification cylinders in 

domestic use. Except as provided in § §

171.12(a) and 173.23(g) of this 

subchapter, a filled cylinder 

manufactured to other than a DOT 

specification or a UN standard in 

accordance with part 178 of this 

subchapter, or a DOT exemption or 

special permit cylinder or a cylinder 

used as a fire extinguisher in 

conformance with § 173.309(a), may not 

be transported to, from, or within the 

United States. 

* * * * * 

PART 175—CARRIAGE BY AIRCRAFT 

■ 20. The authority citation for part 175 

continues to read as follows: 

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

CFR 1.53. 

■ 21. In § 175.30, in paragraph (a)(2), 

revise the first sentence to read as 

follows: 

§ 175.30 Inspecting shipments. 

(a) * * * 

(2) Described and certified on a 

shipping paper prepared in duplicate in 

accordance with part 172 of this 

subchapter or as authorized by Subpart 

C of part 171 of this subchapter. * * * 

* * * * * 

■ 22. In § 175.33, revise paragraph 

(a)(1)(ii) to read as follows: 

§ 175.33 Shipping paper and notification 

of pilot-in-command. 

(a) * * * 

(1) * * * 

(ii) The ICAO Technical Instructions 

(IBR, see § 171.7 of this subchapter), 

any additional information required to 

be shown on shipping papers by subpart 

C of part 171 of this subchapter must 

also be shown in the notification. 

* * * * * 

PART 176—CARRIAGE BY VESSEL 

■ 23. The authority citation for part 176 

continues to read as follows: 

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

1.53. 

■ 24. In § 176.11, revise the first 

sentence of paragraph (a) introductory 

text, and paragraph (b) to read as 

follows: 

§ 176.11 Exceptions 

(a) A hazardous material may be 

offered and accepted for transport by 

vessel when in conformance with the 

IMDG Code (IBR, see § 171.7 of this 

subchapter), subject to the conditions 

and limitations set forth in subpart C of 

part 171 of this subchapter. * * * 

* * * * * 

(b) Canadian shipments and packages 

may be transported by vessel if they are 

transported in accordance with this 

subchapter. (See subparts B and C of 

part 171 of this subchapter.) 

* * * * * 

§ 176.24 [Amended] 

■ 25. In § 176.24, in paragraph (a), the 

phrase ‘‘authorized by § 171.12 of this 

subchapter’’ is revised to read 

‘‘authorized by subpart C of part 171 of 

this subchapter’’. 

■ 26. In § 176.27, in paragraph (b), 

revise the last sentence to read as 

follows: 

§ 176.27 Certificate. 

* * * * * 

(b) * * * See subpart C of part 171 of 

this subchapter. 

* * * * * 

Issued in Washington, DC, on April 16, 

2007, under authority delegated in 49 CFR 

Part 1. 

Thomas J. Barrett, 

Administrator. 

[FR Doc. 07–1959 Filed 5–2–07; 8:45 am] 

BILLING CODE 4910–60–P 

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