Vol. 76 Wednesday No. 12 January 19, 2011

Part III

Department of Transportation

49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air; Final Rule

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DEPARTMENT OF TRANSPORTATION I. Background 215D (66 FR 8644, February 1, 2001); II. Primary Topics of Concern Discussed in HM–215E (68 FR 1013, January 8, 2003); Pipeline and Hazardous Materials the ANPRM HM–215G (69 FR 76044, December 20, Safety Administration III. Comments Submitted in Response to 2004); HM–215I (71 FR 78596, Noteworthy Harmonization Amendments Proposed in the August 24, December 29, 2006); and HM–215J (74 49 CFR Parts 171, 172, 173, 175, 176, 2010 NPRM; the Final Rule FR 2200, January 14, 2009)) based on 178, and 180 A. Harmonization Amendments Adopted the corresponding biennial updates of [Docket Nos. PHMSA–2009–0126 (HM– in This Final Rule the UN Model Regulations, the IMDG 215K)] B. Harmonization Amendments Not Code, and the ICAO Technical Considered for Adoption in This Final Instructions. RIN 2137–AE45 Rule To maintain alignment of the HMR IV. Section-by-Section Review with international requirements, in this Hazardous Materials: Harmonization V. Regulatory Analyses and Notices A. Statutory/Legal Authority for the final rule, we are incorporating changes With the United Nations based on the sixteenth revised edition of Recommendations, International Rulemaking B. Executive Order 12866 and DOT the UN Model Regulations, Amendment Maritime Dangerous Goods Code, and Regulatory Policies and Procedures 35–10 to the IMDG Code, and the 2011– the International Civil Aviation C. Executive Order 13132 2012 ICAO TI, which becomes effective Organization Technical Instructions for D. Executive Order 13175 January 1, 2011 (the IMDG Code is the Safe Transport of Dangerous E. Regulatory Flexibility Act, Executive effective January 1, 2012). Goods by Air Order 13272, and DOT Procedures and Federal law and policy strongly favor Policies the harmonization of domestic and AGENCY: Pipeline and Hazardous F. Paperwork Reduction Act Materials Safety Administration G. Regulatory Identifier Number (RIN) international standards for hazardous (PHMSA), DOT. H. Unfunded Mandates Reform Act materials transportation. The Federal I. Environmental Assessment hazardous materials transportation law ACTION: Final rule. J. Privacy Act (Federal hazmat law; 49 U.S.C. 5101 et SUMMARY: PHMSA is amending the K. International Trade Analysis seq.) permits PHMSA to depart from Hazardous Materials Regulations to I. Background international standards in order to maintain alignment with international promote safety or other overriding In a final rule published under Docket standards by incorporating various public interest, but otherwise requires HM–181 (55 FR 52402, December 21, amendments, including changes to PHMSA to align the HMR with 1990), the Research and Special proper shipping names, hazard classes, international transport standards and Programs Administration (RSPA), the requirements to the extent practicable packing groups, special provisions, predecessor agency to the Pipeline and packaging authorizations, air transport (see 49 U.S.C. 5120). Harmonization Hazardous Materials Safety enhances international trade by limited quantities, and vessel stowage Administration (PHMSA), requirements. These revisions are minimizing the costs and other burdens comprehensively revised the Hazardous of complying with multiple or necessary to harmonize the Hazardous Materials Regulations (HMR; 49 CFR Materials Regulations with recent inconsistent safety requirements for Parts 171 to 180) to harmonize U.S. transportation of hazardous materials to changes made to the International hazardous materials transportation Maritime Dangerous Goods Code, the and from the United States. This requirements with the United Nations becomes increasingly important as the International Civil Aviation Recommendations on the Transport of Organization’s Technical Instructions volume of international hazardous Dangerous Goods (UN Model materials shipments grows. for the Safe Transport of Dangerous Regulations). The UN Model Goods by Air, and the United Nations Harmonization also enhances safety for Regulations are not regulations, but international movements, but only if the Recommendations on the Transport of rather are recommendations issued by Dangerous Goods—Model Regulations. international standards themselves the UN Committee of Experts on the provide an appropriate level of safety. DATES: Effective date: January 19, 2011. Transport of Dangerous Goods PHMSA actively participates in the Voluntary compliance date: PHMSA (UNSCOE) and the Globally development of international standards is authorizing voluntary compliance Harmonized System of Classification for the transportation of hazardous beginning January 1, 2011. and Labeling of Chemicals (GHS). These Delayed compliance date: materials, frequently advocating the Model Regulations are amended and adoption in international standards of Compliance with the amendments updated biennially by the UNSCOE and adopted in this final rule is required particular HMR requirements. serve as the basis for national, regional, When considering the adoption of beginning January 1, 2012. and international modal regulations, international standards under the HMR, Incorporation by reference date: The including the International Maritime we review and evaluate each incorporation by reference of certain Organization’s International Maritime amendment on its own merit, on the publications listed in this rule is Dangerous Goods Code (IMDG Code) basis of its overall impact on approved by the Director of the Federal and International Civil Aviation transportation safety, and the economic Register as of January 19, 2011. Organization’s Technical Instructions implications associated with its FOR FURTHER INFORMATION CONTACT: for the Safe Transport of Dangerous adoption into the HMR. Our goal is to Michael Stevens, telephone (202) 366– Goods by Air (ICAO Technical harmonize without diminishing the 8553, or Shane Kelley, telephone (202) Instructions). level of safety currently provided by the 366–0656, Standards and Rulemaking Since publication of the 1990 rule, we HMR and not impose undue burdens on Division, Pipeline and Hazardous have issued eight additional the regulated public. Materials Safety Administration, U.S. international harmonization rules Department of Transportation, 1200 (Dockets HM–215A (59 FR 67390, II. Primary Topics of Concern New Jersey Avenue, SE., 2nd Floor, December 29, 1994); HM–215B (62 FR Discussed in the ANPRM Washington, DC 20590–0001. 24690, December 16, 1996); HM–215C PHMSA published an advance notice SUPPLEMENTARY INFORMATION: (63 FR 57929, October 29, 1998); HM– of proposed rulemaking (ANPRM) (74

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FR 53982, October 21, 2009) supporting adoption of the UN Model to Compatibility Group S indicates that highlighting issues under consideration Regulation limited quantity provisions hazardous effects from accidental for harmonization with international into the HMR. The commenters urged functioning are limited to the extent the standards and requesting comments as PHMSA to move forward and adopt the article or substance does not to whether the HMR should be amended limited quantity provisions as significantly hinder or prohibit fire to incorporate specific international prescribed in the sixteenth revised fighting or emergency response efforts standards and the potential benefits and edition of the UN Model Regulations. in the immediate vicinity of a package costs of doing so. However, several commenters expressed containing the material. The test is Comments on specific harmonization concern that this should not be done at designed to be performed on a single issues covered in the ANPRM are the expense of the ORM–D provisions package containing an explosive article discussed in brief below. Please review currently in the HMR. Some altogether or explosive substance to determine if the notice of proposed rulemaking opposed the elimination of the existing the package is capable of containing any (NPRM) (75 FR 52070, August 24, 2010) provisions for ORM–D materials as part hazardous effects in the event of an for a complete discussion of comments of HM–215K and recommended that any accidental functioning of its contents. to the ANPRM. changes to the requirements be made The amendment is supplemented by A. Limited Quantities and Consumer through a separate rulemaking. revisions to the explosives testing In the NPRM (75 FR 52070, August Commodities standards in the UN Manual of Tests 24, 2010), PHMSA outlined its and Criteria as well as the adoption of PHMSA has long recognized the need determination, partially based on our to authorize limited exceptions for the a new special provision that would perception of favorable comments authorize the use of the above transportation of classes and quantities received in response to the ANPRM, mentioned identification numbers only of hazardous materials described as that aligning the existing limited if the results of the Type 6(d) test limited quantities, or consumer quantity provisions in the HMR with the successfully demonstrate that any commodities reclassed as ORM–D. international standards and regulations hazardous effects are confined within a Considerable efforts have been made (i.e., UN Model Regulations, IMDG Code internationally to harmonize multi- and the ICAO TI) would enhance safety package. In the ANPRM, we invited modal standards with regard to the by facilitating a single, uniform system commenters to provide data and transport of limited quantities, of transporting limited quantity information concerning the possible including consumer commodities. materials. We emphasized the proposals safety impacts of the new test provisions PHMSA held public meetings on this did not include the immediate or short- and compliance costs that would be issue in February 2006 and March 2008 term removal of the existing provisions incurred if the new test were adopted to discuss potential impacts on in the HMR for limited quantities into the HMR. In addition, we invited domestic stakeholders. Additionally, reclassed as ORM–D (including those commenters to provide suggestions or this issue was discussed during the for consumer commodities, cartridges, recommendations concerning whether agency’s pre-UN public meetings held small arms and cartridges, power to apply the test to already-approved in 2006 and 2007. There was device) and included a delayed explosives. considerable domestic interest in compliance period we believed was We received several comments both pursuing further harmonization sufficient in length to allow supporting and opposing adoption of internationally due to the potential for stakeholders time to comply with the the Type 6(d) test to determine whether substantial savings in transportation transition to the revised limited quantity a Division 1.4 explosive article may be costs and improved transportation requirements and eventual elimination assigned to Compatibility Group S. All efficiency. In the ANPRM (74 FR 53982, of the ORM–D classification. Because the commenters who addressed this October 21, 2009), PHMSA invited the limited quantity provisions in the issue indicated that, if adopted, the test comments on this issue with regard to UN Model Regulations and the IMDG must be applied to previously-approved aligning the HMR with the UN Model Code are closely aligned with those articles in a manner that is reasonable Regulations for the domestic and already contained in the HMR, we and not overly broad. One suggestion international transport of limited contended that domestic alignment for was to allow the classification of quantities and consumer commodities. highway, rail and vessel transportation previously-approved explosive articles Of particular concern was any potential would result in minimal impact and to be based on results of testing of negative impact on domestic regulatory burden. And, because of the product groups by a PHMSA-approved transportation through the elimination inherent risk unique to air laboratory or on results of self-testing of the transportation mechanism for transportation, we believed full and video documentation by the limited quantity hazardous materials harmonization with the ICAO TI (where manufacturer. reclassed as ORM–D. While some appropriate) was necessary with regard changes adopted in the UN Model to the materials authorized and quantity Commenters opposing adoption of the Regulations are similar to provisions limits for limited quantities (including Type 6(d) test suggested that more currently in the HMR (e.g., inner consumer commodities) intended for research on the practical effect of this packaging limits and authorized use of transport by air. testing requirement is necessary and non-specification outer packagings), that the lack of grandfathering criteria some changes are not (e.g., marking and B. Classification of Division 1.4S for products already approved as labeling). In the ANPRM, PHMSA Explosives Division 1.4S explosives (e.g., power suggested that, depending on comments For eight Division 1.4 explosive device cartridges) is impractical, received and our own evaluation, the articles (UN0323, UN0366, UN0441, expensive, and impedes commerce. agency may determine that the UN0445, UN0455, UN0456, UN0460, They also indicated concern regarding significance of any amendments on this and UN0500), the UN Model the cost of articles consumed in testing issue may warrant a separate Regulations have been amended to in addition to the cost of pre-testing or rulemaking action. require a Type 6(d) test to determine redesign of an article by a manufacturer We received several comments whether such articles may be assigned to ensure passing the Type 6(d) test, but submitted in response to the ANPRM to Compatibility Group S. Assignment did not quantify these costs.

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C. Classification of Sour Crude Oil loading and unloading of sour crude oil containing hydrogen. However, PHMSA Currently, all types of petroleum to wear a hydrogen sulfide monitoring has issued a number of special permits crude oil are listed as a Class 3 device and have respiratory protection to allow the use of these systems for flammable liquid in the § 172.101 accessible, and require warning signs at transport. The UN Model Regulations, Hazardous Materials Table (HMT). the cargo tank manhole and area of in new Packing Instruction P205, PHMSA is aware that transportation of operation. Additionally, commenters prescribe standards for the construction, a certain type of crude oil known as recognized that hydrogen sulfide gas is qualification, marking and ‘‘sour’’ crude oil may pose risks not a hazard, but suggested that requalification of such systems. In the associated with other types of crude oil classification of crude oil at the time of ANPRM, PHMSA invited comments on due to its inherent potential of evolving shipment may not reflect the toxicity of whether similar standards should be hydrogen sulfide in the vapor space of hydrogen sulfide, a highly toxic and adopted into the HMR. One commenter a cargo tank or other packaging after the flammable gas. Sour crude oil, supported adoption of the standards for crude oil has been in transportation. commonly found in North America, the construction, qualification, marking, They also noted that there are best contains a high concentration of sulfur. and requalification of metal hydride industry practices already in place that The evolution of hydrogen sulfide storage systems containing hydrogen. address this issue and that the vapors from crude oil is dependent on Occupational Safety and Health F. In Vitro Testing for Corrosivity temperature, packaging confinement, Administration (OSHA) has In 1993, RSPA began recognizing an transport conditions (e.g., sloshing), requirements in place to communicate alternative test method (i.e., in vitro bacteria, and sulfur concentration, the hazards of hydrogen sulfide in the testing commercially available as among many other potential factors. workplace. They supported other means Corrositex®), which is not carried out in When transported in bulk packagings of hazard communication to ensure that live animals, to determine the such as cargo tanks or tank cars, the workers are aware of the hazards of corrosivity of a hazardous material for evolved hydrogen sulfide gas may build hydrogen sulfide such as a marking on transportation purposes under the terms up in the vapor space of the packaging, a bulk packaging. and conditions specified in a special posing a potential risk, particularly D. IBC Rebottling permit (DOT–SP 10904). Similar in vitro during loading and unloading. test methods are prescribed in the Based on the risk of toxic vapors, the Under both the UN Model Regulations following Organization for Economic UN Model Regulations were amended and the HMR, replacement of the rigid Cooperation and Development (OECD) by assigning a new identification plastic receptacle of a composite IBC is Guidelines for the Testing of Chemicals number and shipping description for considered a ‘‘repair’’ under certain and were adopted in the UN Model sour crude oil with a flammable primary conditions and, thus not subject to Regulations: hazard and a toxic subsidiary hazard. design qualification testing as a new or • No. 430, ‘‘In Vitro Skin Corrosion: Additionally, a new special provision different design. The UN Model Transcutaneous Electrical Resistance was added specifying the assignment of Regulations were amended to specify Test (TER)’’ (2004); a Packing Group (PG) based on the that a replacement bottle (i.e., rigid • No. 431, ‘‘In Vitro Skin Corrosion: degree of danger presented by either the plastic receptacle) must be of the Human Skin Model Test’’ (2004); and, flammability or toxicity hazard of the original tested design type and limits • No. 435, ‘‘In Vitro Membrane Barrier sour crude oil. For example, sour crude the replacement to a bottle from the Test Method for Skin Corrosion’’ (2006). oil meeting flammability criteria for original manufacturer. In the ANPRM, Because methods 430 and 431 can be Class 3, PG II, and toxicity criteria for we invited comments on this used to determine corrosivity for other Division 6.1, PG I, poisonous-by- amendment and how, if adopted into than transportation purposes, they inhalation, would be classified as a the HMR, it would impact the use of cannot be used to determine the Packing Class 3, PG I material. IBCs in domestic or international Group (PG) assignment of a material that In the ANPRM, PHMSA invited commerce. tests positive for corrosivity for the commenters to provide data and All commenters who addressed this purposes of hazardous materials information concerning the impact on issue supported the adoption of the UN transportation. A negative result for domestic shippers and carriers if these Model Regulations definition of ‘‘repair’’ corrosivity under methods 430 and 431 requirements were adopted in the HMR. for IBC rebottling purposes. The can, however, preclude further testing to The agency also asked for comments comments included a request for an determine PG assignment using method addressing which hazard extended compliance date of January 1, 404, the current OECD Guideline communication methods (e.g., package 2012 to provide users and involving in vivo testing or method 435, markings, shipping papers) and/or manufacturers of composite IBCs the newly adopted OECD Guideline packaging requirements are most cost- adequate time to implement the involving in vitro testing. effective for communicating the hazards provision and not place them at an All commenters responding to the and reducing the risks of transporting economic disadvantage with ANPRM supported adoption and use of sour crude oil. international counterparts. the OECD in vitro test methods for We received comments opposing determining corrosivity on the basis of E. Metal Hydride Storage Systems in adoption of the UN amendments for the reducing the number of tests requiring Conveyances description and classification of sour live animals. crude oil into the HMR. The A metal hydride storage system is a commenters recommended against single complete hydrogen storage III. Comments Submitted in Response requiring domestic use of the new system that includes a receptacle, metal to Noteworthy Harmonization proper shipping name for sour crude oil hydride, a pressure relief device, a shut- Amendments Proposed in the August with a Division 6.1 subsidiary risk and off valve, service equipment, and 24, 2010 NPRM; the Final Rule recommended that use be limited to internal components. The HMR In our latest harmonization effort, we international transport. Commenters currently do not prescribe specific received over 2,200 comments in further recommended that PHMSA packaging or shipping methods for response to the NPRM (75 FR 52070, should require drivers engaged in the metal hydride storage systems August 24, 2010). The majority of the

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comments received were from (41) Owen Compliance Services, Inc. (OCS); 5. Limited Quantities individuals in support of adoption of (42) Potomac Strategy Associates (PSA); (43) Arkema, Inc. (Arkema); We received a number of comments in corrosivity testing methods not based on response to the limited quantity and the results of live animal testing. The (44) Association of American Railroads (AAR); ORM–D classification amendments following individuals, companies, and (45) Air Line Pilots Association (ALPA); proposed in the August 2010 NPRM. organizations submitted comments to (46) US Fuel Cell Council (USFCC); Commenters can basically be the NPRM (in chronological order of (47) International Air Transport Association categorized into two groups: Those submittal). We note, however, that in (IATA); supporting harmonization with the lieu of listing each individual (48) Alaska Airlines (AA); international standards and regulations commenting, we have listed PETA as a (49) PPG Industries, Inc. (PPG); and for limited quantities and those in (50) Edgcomb Law Group (ELG). proxy for all comments received opposition to the eventual elimination supporting adoption of corrosivity A. Harmonization Amendments of the ORM–D classification. The testing methods alternative to live Adopted in This Final Rule remainder of the commenters offered animal testing: In this final rule, PHMSA is adopting suggestions or revisions to clarify or aid (1) R.R. Street & Co. (Street); the following amendments to harmonize understanding of the proposed (2) Infotrac; the HMR with the most recent revisions amendments. (3) Vanguard Logistics Services (VLS); Those commenters generally (4) Zebrowski, Department of Energy (DOE); to the UN Model Regulations, ICAO Technical Instructions, and the IMDG supporting harmonization of the limited (5) 3M; quantity provisions include: (6) The Japan Electrical Manufacturer’s Code: Association (JEMA); Alaska Airlines; (7) Andersen Products (Andersen); 1. Petitions for Rulemaking American Coatings Association; (8) FedEx Express (FedEx); We are addressing one petition for American Trucking Associations; (9) Saft America, Inc. (Saft); rulemaking, P–1550, from PETA Association of Hazmat Shipper, Inc.; (10) People for the Ethical Treatment of requesting that PHMSA incorporate by Council on Safe Transportation of Hazardous Animals (PETA); Articles, Inc.; (11) Toshiba America Electronic reference OECD Guidelines 430, 431 Dangerous Goods Advisory Council; Components, Inc. (TAEC); and 435 into the HMR that prescribe in FedEx Express; (12) Association of Hazmat Shippers, Inc. vitro testing methods for determining International Vessel Operators Dangerous (AHS); corrosivity. Goods Association; (13) National Nuclear Security PPG Industries, Inc.; Administration Service Center, DOE 2. Hazardous Materials Table (HMT) Sporting Arms and Ammunition (NNSA); Amendments to the HMT to add, Manufacturers Institute, Inc.; and (14) Sporting Arms and Ammunition revise, or remove certain proper United Parcel Service. Manufacturer’s Institute (SAAMI); shipping names, hazard classes, packing Those commenters opposing the (15) Baker Hughes (Baker); groups, special provisions, packaging (16) Signa Chemistry, Inc. (Signa); eventual elimination of the ORM–D (17) Institute of Maker’s of Explosives authorizations, bulk packaging hazard classification include: (IME); requirements, passenger and cargo American Coatings Association; (18) United Parcel Service (UPS); aircraft maximum quantity limitations, Aviation Suppliers Association; (19) Titan Specialties, Ltd. (Titan); and vessel stowage provisions. Healthcare Distribution Management (20) Human Focused Testing; 3. Organic Peroxide Tables Association; (21) American Veterinary Medical Modification and Replacement Parts Association (AVMA); Amendments to the Organic Peroxide Association; (22) Valspar; Tables to add, revise, or remove certain PPG Industries, Inc.; (23) Utility Solid Waste Activities Group hazardous materials and provisions. Safety Specialists, Inc.; (USWAG); Utility Solid Waste Activities Group; and (24) Trulite, Inc. (Trulite); 4. Incorporation by Reference Valspar. (25) The Rechargeable Battery Association (PRBA); Amendments to incorporate by Due to the large number of (26) American Petroleum Institute (API); reference the 2011–2012 ICAO commenters and the variety of (27) American Coatings Association, Inc. Technical Instructions, Amendment 35– comments provided, we outline (ACA); 10 to the IMDG Code, sixteenth revised pertinent topic areas to better address (28) BIC Corporation (BIC); edition of the UN Model Regulations all the comments. The comments are (29) American Trucking Associations and the fifth revised edition of the UN discussed and addressed as follows: (ATA); Manual of Tests and Criteria. a. Air-specific requirements. In the (30) Council on Safe Transportation of Additionally, we are updating our NPRM, we proposed to revise § 173.27 Hazardous Articles, Inc. (COSTHA); incorporation by reference of the to add a new table outlining air (31) Healthcare Distribution Management Association (HDMA); Canadian Transportation of Dangerous transport requirements for limited (32) Aviation Suppliers Association (ASA); Goods Regulations to include quantity material including package (33) Modification and Replacement Parts Amendment 6 (SOR/2008–34) February quantity limits consistent with the ICAO Association (MARPA); 7, 2008 (pertains to miscellaneous Technical Instructions. The proposed (34) International Vessel Operators amendments); and Amendment 7 (SOR/ quantity limits for air transport differ Dangerous Goods Association (IVODGA); 2007–179) August 22, 2007 (pertains to from the quantity limits for other (35) TravelScoot, USA (Scoot); highway cargo tanks). This modes, which was a point of contention (36) Dangerous Goods Advisory Council incorporation by reference augments the for some commenters. Three (DGAC); broad reciprocity provided in § 171.12 commenters (ACA, DGAC, SSI) (37) Lilliputian Systems, Inc. (LSI); (38) Department of Defense Explosives where the HMR allow the use of the disagreed with the adoption of the Safety Board (ESB); Canadian TDG Regulations under proposed package limits in the table and (39) Ensign-Bickford Aerospace & Defense certain conditions when transporting one commenter (COSTHA) expressed (EBAD) hazardous materials to or from Canada concern that the table is too broad. ACA (40) Safety Specialists, Inc. (SSI); by highway or rail. asserted:

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Introducing these limits will only frustrate objective of * * * PHMSA has been to argued that the constant changes make domestic transportation and introduce provide multimodal harmonization * * * so compliance with the regulations unnecessary complexity into a fairly simple that the same package will essentially be difficult. ASA and MARPA stated: process. In the coatings industry, air suitable by all modes of transportation. This shipments are not the norm and are only is currently true for limited quantity The 2009–2010 [ICAO TI] authorized used when there is some urgency or the packages * * * By introducing new limits, as * * * the UN identification number in a destination is a remote location. Requiring shown in the table referenced by proposed diamond shape [as] the mandatory way to different inner and outer packaging quantity § 173.27(f), limited quantity packages mark limited quantity packages starting in limits for air will eliminate the efficiency of prepared for ground or sea transport may not 2011 * * * Beginning in 2011, ICAO has a ‘‘one size fits all LQ shipments’’ process. necessarily be suitable for air transport. Most abandoned the marking protocols announced shippers commonly transport * * * limited in 2009, and established a new, different SSI added: quantity packages by modes other than air. identification protocol for identifying limited Some materials that were ORM–D may not Currently, with limited quantity package quantities * * * Instead of placing the UN be eligible to be shipped as limited quantity. requirements for all modes closely aligned, identification number in the diamond shape, Most inner packagings have been severely transporting a limited quantity package is shippers will be required to place a ‘‘Y’’ in the reduced. Isopropanol UN1219 (rubbing relatively straightforward. If the limitations diamond shape * * * There appears to be no alcohol) can be presently shipped in inner on inner and outer package quantity limits reason other than mere harmonization for the containers up to 1 liter. Under the new Table and new performance requirements are sake of harmonization for adopting the ICAO 3 the inner container is reduced to 500 introduced * * * it may be necessary to limited quantity marking. [The] marking milliliter. This product is normally sold in repackage ground/sea limited quantity provides no additional value * * * because pints, quarts, and gallons. Quarts would not packages for purposes of air transport. [We] many people in the United States system will be eligible for limited quantity air shipments. are unaware of any safety concerns that have no idea what the ‘‘Y’’ marking means would justify the imposition of these new This will require shippers to ship in UN * * * Although ‘‘Y’’ is the letter that limitations. standard packaging, apply hazard class labels precedes limited quantity packing and meet all other requirements for fully Major differences already exist under instructions in the ICAO system, the letter regulated shipments. the HMR for the air transport of limited ‘‘Y’’ has no special meaning in the existing United States Regulations. We understand that more inner quantities as compared to other modes. packagings may be required of a For example, limited quantity and b. Dual marking system. Support for material authorized to be shipped as a consumer commodity inner packagings harmonization efforts including the limited quantity by air. SSI used containing liquids are subject to the adoption of the square-on-point limited Isopropanol as an example in their pressure differential capability quantity marking (i.e., the square-on- comments where the inner packaging requirements in § 173.27(c). point with top and bottom portions quantity limits are reduced from 1 liter COSTHA explained further confusion: black and the center white) generally to 500 milliliters for a Packing Group II It is important for shippers to use the coincided with support for the eventual Class 3 (flammable liquid) when the § 172.101 Table to determine eligibility for a elimination of the ORM–D classification current limits of the HMR are compared limited quantity * * * However, if one uses along with the ORM–D marking. The with the ICAO Technical Instructions. only Table 3, the shipper may basis for support was that this would inappropriately determine that a material is eliminate a dual system of marking SSI also stated that the product is sold eligible for shipment as a limited quantity. in pints, quarts and gallons. Currently packages for domestic and international For example, [c]hlorosilanes are not transportation. With regard to under the HMR, the gallon is ineligible permitted to be packaged in accordance with as a limited quantity. Under the limited quantity provisions * * * however, elimination of a dual marking system, amendment proposed in the NPRM, the [certain classes of PG II materials] (many some commenters (AA, FedEx, gallon and quart would be ineligible for chlorosilanes fall into these classes) are IVOGDA) indicated that a dual system air transport as a limited quantity. identified as having acceptable limits * * * of marking creates confusion and However, because the outer packaging according to the § 173.27 Table 3. Given that requires carriers and shippers to adjust limited quantities is a source of confusion for their training programs to account for quantity limit is 1 liter for a Packing many shippers and carriers, this table does Group II Class 3 (flammable liquid), SSI this dual system. They therefore less to clarify a point and more to confuse the recommend PHMSA consider an earlier would just have to substitute 2 one-pint reader. inner packagings for a one-quart implementation date than the proposed Section 173.27(f) clearly states that, container of product in the same January 1, 2013 date. AA added: for transportation by aircraft, materials package. We encounter almost every day reused packaged as limited quantities must be DGAC reasoned: boxes in the U.S. mail, passenger baggage, or eligible for transportation aboard a cargo shipments that have old ORM–D The HMR limited quantity provisions passenger-carrying aircraft. In this final marks. This takes considerable time to predate ICAO TI limited quantity provisions. rule, we are adding additional inspect and causes frustration to the public When limited quantity provisions were clarification in § 173.27(f) to emphasize when non-hazardous shipments are denied introduced in the ICAO TI * * * on the basis transportation because of a marking they do of existing U.S. limited quantity provisions, this critical step in determining limited quantity eligibility by also referring the not understand as an indication of hazardous additional limitations were included * * * materials. RSPA and PHMSA have, up until now, not reader to Column (9A) of the HMT. As deemed it necessary to incorporate these stated in the NPRM, PHMSA is studying PHMSA notes that adoption of a new limitations in the HMR. The long intervening the feasibility of revising the HMT to limited quantity marking(s) may not period between when the limits were first further assist in determining limited necessarily alleviate or eliminate use of introduced in the ICAO TI and the present quantity eligibility by air or possibly by packaging premarked with the limited suggests that it is unnecessary to adopt these all modes of transportation. quantity square-on-point for non- limits for the sake of harmonization. Further, Two commenters (ASA, MARPA) hazardous materials. [we are] unaware of any new safety were critical of the nature of proposed Notwithstanding the general information that would justify introducing these limits at this time. regulatory changes without an apparent comments regarding dual marking, safety need, specifically with regard to several commenters offered suggestions DGAC further argued: the limited quantity marking for air or revisions to improve or clarify the Introducing these limits will serve to transport consistent with the ICAO proposed requirements. As part of the frustrate domestic transportation. A key Technical Instructions. The commenters NPRM, we authorized voluntary use of

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the limited quantity marking. UPS urged Valspar asserted: ORM–D provisions for an additional PHMSA to delay voluntary use to allow We believe PHMSA has overreached the period of time. carriers time to develop appropriate HM–215 harmonization process by proposing One commenter (HDMA) provided training in response to a final rule, * * * to eliminate the well-defined ORM–D information that the proposal as written stating that: (Consumer Commodity) hazard class. We would impose significant cost on the In [our] experience, this kind of believe any proposal * * * should not be domestic transport of medicines and authorization * * * can lead to practical linked to the international harmonization other healthcare or consumer products. difficulties which in turn could have program. In several industry/regulatory HDMA members concluded that compliance and safety implications * * * conferences it has been proposed that compliance with the regulations would Training in UPS will be needed to educate Limited Quantity and Consumer Commodity are synonymous. We do not agree with this require replacement of more than 10 U.S. package handlers of the meaning of the million plastic totes embossed with the limited quantity marking. premise and strive to ensure that our ‘‘Consumer Commodities’’ meet the spirit and ORM–D marking, costing members an Additionally, on the basis of their HMR definition of ‘‘* * * intended or estimated $70 million to purchase new opposition to adoption of the air suitable for sale through retail sales agencies totes with the new limited quantity transport requirements for limited or instrumentalities for consumption by marking. HDMA is prepared to phase quantities consistent with the ICAO TI, individuals for purposes of personal care or out the use of totes with the ORM–D DGAC recommended that: household use.’’ [We ship] many items under marking but believes this should be Limited Quantity provisions that we do not done over an extended period of time to The ‘‘Y’’ package mark [proposed] in believe meet the ‘‘suitability’’ test and assert § 172.315 not be required * * * [and] there is an important distinction between the enable existing totes embossed with the recommend that [PHMSA] allow permissive two. We applaud PHMSA for clearly defining marking to be used over their lifetime. use of the ‘‘Y’’ mark for all modes of transport the pathway to ORM–D through Limited HDMA stated: when the package meets the relevant Quantity and Special Provision options and PHMSA may not have recognized that requirements of the ICAO TI. can only imagine whether this can be some industries rely on containers that are We agree with the DGAC misused through other less clear regulation embossed with the transport mark and hence recommendation that a ‘‘Y’’ marked * * * We challenge PHMSA to revisit the conversion to a new mark is considerably package in full conformance with the air assertion to Executive Order 12866 cited in more complicated than simply changing a the HM–215K NPRM that only considers the label. transport requirements for a limited listed harmonization to be beneficial, with no quantity package should be authorized acknowledgement of the financial cost to Just as PHMSA has done in the past, transportation by all modes and are ORM–D shippers. if there is merit to a particular segment revising § 171.22 accordingly. However, of the regulated community requiring a DGAC expressed concern that: we do not agree with their suggestion longer transition period to be that the limited quantity ‘‘Y’’ mark be Eliminating the ORM–D classification and considered, it shall be observed on a voluntary. There are currently two package marking [will make it] that such case-by-case basis. In their comments, different ways to mark a package of packages will no longer be excepted from the HDMA did not indicate what a ‘‘normal’’ § 175.75 requirements for air transport. No limited quantities in the HMR and a similar requirement applies under the ICAO lifetime would be. In their defense, third (four if counting packaged ORM– TI so * * * this change cannot be justified however, they provided comments that D–AIR materials) would be very on the basis of harmonization * * * [We were quantified and directly related to disruptive. Therefore, in this final rule, believe] PHMSA considers limited quantity their concerns about the regulatory and PHMSA is adopting the ‘‘Y’’ mark as packages and currently classified ORM–D economic burden placed upon their proposed and providing a transition packages as posing comparable hazard[s]. particular industry. period to allow for the continued use of Consistent with that approach, we Finally, several commenters (e.g., existing markings until January 1, 2012. recommend that PHMSA similarly except all COSTHA, FedEx) noted concern over c. Elimination of the ORM–D class. limited quantity packages from the § 175.75 use of the ORM–D mark after the requirements. Most commenters opposing the transition period ends (i.e., beginning elimination of the ORM–D classification We agree with DGAC regarding January 1, 2014). The commenters recommend using a separate rulemaking § 175.75 quantity limits for limited recommend that PHMSA clarify that at to implement this proposal. Some quantity packages and are revising the the end of the transition period, a question whether the costs of section accordingly. Limited quantity package marked with the ORM–D mark eliminating this classification have been shipments will enjoy the same will no longer indicate that a packaging fully considered; others question exception from the § 175.75 quantity contains a hazardous material (i.e., a whether there is sufficient safety limits as ORM–D–AIR materials consumer commodity). justification to warrant replacing the currently receive. d. Conclusion. In the August 2010 current domestic ORM–D provisions USWAG stated: NPRM, PHMSA outlined our with internationally harmonized We believe elimination of the ORM–D determination, partially based on our provisions. A sampling of comments standards for transportation * * * will perception of favorable comments received follows. ACA argued: disrupt longstanding shipping practices received in response to the ANPRM, while failing to provide commensurate safety Although [we] supported harmonization of that aligning the existing limited benefits. the limited quantities exceptions at the UN quantity provisions in the HMR with the discussions, [there was an] understanding The commenter also expressed international standards and regulations that the consumer commodity exception was concern for downstream shippers who (i.e., UN Model Regulations, IMDG Code a separate issue * * * In the coatings and have received ORM–D packages but can and the ICAO TI) would enhance safety adhesives industry, we are unaware of any no longer transport this package by facilitating a single, uniform system major incidents with consumer commodity beginning on the January 1, 2014 of transporting limited quantity shipments. While PHMSA indicates that ‘‘aligning the existing limited quantity proposed compliance date. USWAG materials. We emphasized the proposals provisions in the HMR with the international encouraged PHMSA to implement a did not include the immediate or short- standards will substantially enhance safety,’’ phased-in approach that would term removal of the existing provisions we question how this applies to the proposal authorize downstream shippers (that do in the HMR for limited quantities to eliminate ORM–D consumer commodities. not repackage these materials) to use reclassed as ORM–D (including those

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for consumer commodities, cartridges, under Test Series 6(d) and a new harmonization rulemakings. Thus, we small arms and cartridges, power approval be obtained from PHMSA. typically publish a rulemaking under device) and included a delayed Additionally, we proposed that a the HM–215 docket to be effective compliance period we believed was previously classed and approved January 1 of a given year (to coincide sufficient in length to allow Division 1.4S article that is not with international effective dates) and stakeholders time to comply with the successfully tested under Test Series require compliance one year later to transition to the revised limited quantity 6(d) must be assigned to a compatibility afford stakeholders the opportunity to requirements and eventual elimination group other than ‘‘S’’ (e.g., B, C, or D) prepare for compliance. PHMSA is not of the ORM–D classification. prior to the April 1, 2011 compliance bound to the one year transition period Based on careful consideration of the date if intended for transportation by and has discretion to institute an earlier comments received in response to the aircraft on or after that date. PHMSA compliance date when circumstances proposals made in the NPRM, PHMSA also proposed that the effective date of warrant. The implementation of this is moving forward with a substantially testing to maintain Division 1.4S requirement was viewed to be revised final rule that adopts the new classification or reassignment to a significant by the ICAO Dangerous limited quantity provisions and the higher compatibility group other than Goods Panel and an emergency eventual phase-out of the ORM–D ‘‘S’’ be no later than January 1, 2014 for addendum was requested from the Air hazard class. This will implement a Division 1.4S articles approved prior to Navigation Commission. Preventing the standardized system for national and January 1, 2012 and are intended for transportation of an explosive article international multimodal transportation. domestic highway or rail transportation. with the ability to exit its packaging that The approach of deminimis quantities, For previously-approved affected could result in collateral damage on a excepted quantities, limited quantities articles transported by highway, rail and passenger aircraft was determined to be and consumer commodities will all vessel, reassignment to a compatibility an immediate safety concern and was have the same provisions and group other than ‘‘S’’ may be implemented on very short notice for requirements for international and accomplished by using existing data international air transportation. national transportation in a system that and, when recommended by an Therefore, because of concern for the will promote compliance, efficiency and authorized examination and testing safety in transport of these articles by air consistent training and lower costs after agency, approved by PHMSA. For and to affect a transition for implementation. international highway, rail and vessel international air transport with minimal 6. Classification of Certain Division 1.4S transportation, the effective date of Type disharmony in compliance dates (the Explosives 6(d) testing requirements or Type 6(d) test is required under ICAO reassignment for new and previously Technical Instructions as of January 1, In the August 24, 2010 NPRM, produced affected articles would be 2011), we proposed to implement the PHMSA stated it understood commenter January 1, 2012 (i.e., the compliance April 1, 2011, compliance date for Type concerns that prescribing additional date of a final rule under this docket, if 6(d) testing for transport by aircraft. tests usually results in increased adopted as proposed). IME also expressed concern that the research and development costs. A number of commenters (Baker, proposed compliance date of April 1, PHMSA also acknowledged that it EBAD, ESD, IME, Infotrac, NNSA, OCS, 2011 for air transport is unattainable. believed there was merit to additional SAAMI, and Titan) addressed our IME stated further: prescribed tests when they result in a proposal to adopt the Type 6(d) test and credible and measureable increase in [T]hat PHMSA’s internal policy establishes associated requirements. Several safety. Consequently, in the NPRM we a 120-day review period for processing commenters expressed support for approvals * * *. [W]e have determined that proposed to require the phased-in comments submitted by IME and in order to meet the April 1, 2011 compliance testing of all new and previously requested that PHMSA give deadline for air transportation, approval approved Division 1.4S explosives applicants planning to continue shipping by articles and substances, depending on consideration to their comments. Thus, our response to comments will air would have to ensure that all required the intended mode of transport. For testing is completed and the results newly produced explosive articles, a primarily be structured based on the submitted to PHMSA by December 2, 2010. person who successfully performs the comments IME submitted. The required testing must be performed or a. Compliance dates (i) Air transport. Type 6(d) test would not be required to witnessed by ‘‘an authorized examination and IME expressed concern that the testing agency approved by PHMSA.’’ On also perform the Type 6(a) test. PHMSA proposed compliance date for Type 6(d) average, the lead time required to schedule believes such initiatives will greatly testing to determine Division 1.4S testing with a PHMSA-approved laboratory is reduce research and development costs classification for materials to be six weeks. An additional two weeks would without compromising safety. then be required for testing the laboratory to In the NPRM, PHMSA proposed to transported by air precedes the perform the required tests and generate a adopt the requirement for the Type 6(d) compliance date for the rulemaking in report * * *. Accordingly, applicants test as prescribed in Section 16.7 of the general. IME stated: intending to meet the April 1, 2011 deadline fifth revised edition of the UN Manual The ‘‘compliance date of a final rule under would have [had to] finalize arrangements this docket’’ will be January 1, 2012. with the testing laboratories by October 4, of Tests and Criteria in the new 2010—twenty-one days prior to the close of § 172.102(c)(1), special provision 347. Simultaneously, however, the proposal establishes a compliance date for the public comment period * * *. Given the For affected articles (or substances) transportation by aircraft of April 1, 2011. impossibility of timely compliance, the intended for transportation by aircraft, Accordingly, the compliance date for an proposed April 1, 2011 date will function not the proposed compliance date of this individual mode regulated under the rule as a compliance deadline, but as an new requirement was April 1, 2011. If would precede the compliance date for the automatic prohibition on [of] air transport of a manufacturer or approval holder of rule itself, rendering the April 1, 2011 the affected 1.4S articles. affected articles that previously classed compliance date both unreasonable and PHMSA acknowledges the strict and approved an article as Division 1.4S unenforceable. compliance timeline proposed for the chooses to continue offering such We disagree. As general policy, air transport of affected articles and shipments by aircraft, we proposed the PHMSA implements a one-year substances. We note, however, that the articles must be successfully tested transition period for international PHMSA imposed 120-day period for

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processing of approvals is not a whether an explosive article or refers to the staggered compliance dates minimum time period but general substance subject to the Type 6(d) test depending on the mode of transport or guidance for estimating the time period has been successfully tested. For domestic/international transport and to review and process an approval example, they can obtain a copy of the does not indicate differences in application dependent on multiple approval issued by PHMSA. reclassification testing. We are removing factors such as the complexity of an Additionally, it is the shipper’s any reference to this phrase in the application or errors in its submittal. responsibility to properly class and preamble to this final rule to avoid The approval process may take less than describe a material (see § 173.22) and to further confusion. Regarding the term 120 days and routinely does. be trained on any applicable ‘‘design,’’ as in ‘‘previously approved Additionally, PHMSA’s Approvals and requirements (see § 172.704) of the designs,’’ the term was meant to signify Permits Division recently streamlined HMR. That said, the Approvals and individual explosives articles or the explosive approval process to Permits Division will issue guidance to substances. We are also deleting any use accommodate an influx of approval all current approval holders for affected of this term in the preamble to this final requests based on adoption of Type 6(d) Division 1.4S articles and materials to rule to avoid any ambiguity in the use test prescribed in this rulemaking. provide detailed instruction on the new of the term. Finally, shippers are not constrained to requirement for Type 6(d) testing. This (iii) Modal difference. In response to the use of domestic laboratories will include issuing new or amended our proposed implementation of the approved by PHMSA but may utilize the approvals indicating whether a Type new testing requirement for Division resources of laboratories under the 6(d) test has been successfully 1.4S classification, IME objected to any umbrella of other competent authorities conducted which can then be used by varying testing criteria tied to the (e.g., Transport Canada). However, given downstream customers and shippers to intended mode of transport, stating: the strict timeline proposed in the aid in transport decision-making. Such action is not consistent with the UN August 2010 NPRM, the significant b. Testing requirements. (i) Self- classification system; additionally, an number of approval applications we testing. In response to the ANPRM, IME explosive’s reaction to stimuli is not affected expect to receive, and the potential for recommended allowing self-testing and by the mode of transport. PHMSA offers no delays at authorized testing laboratories video documentation for articles rationale for excluding the use of existing test attempting to accommodate the volume previously approved as Division 1.4S. data for the reclassification of articles of testing or reclassification requests, we IME continued to assert that testing intended for air transport, and the distinction would inevitably result in confusion and are extending the compliance date for requirements for previously approved articles not be overly broad and unintended noncompliance in the regulated air transport to July 1, 2011. community. (ii) Vessel transport. IME noted our questioned why this recommendation failure to indicate a compliance date for was not addressed even though PHMSA We agree that there should be uniform domestic vessel transportation. We specifically acknowledged IME’s testing criteria across all modes. We agree. Our intent was to implement a comments in the NPRM. IME reiterated: apologize for the lack of clarity in implementation of this new testing compliance date that coincides with the Providing manufacturers with the option to effective date of the IMDG Code self-test is an effective means of ensuring requirement and will clarify further in requirement for the Type 6(d) test reasonable application of the new test. the following section (c) discussion of (January 1, 2012). Therefore in this final Additionally, allowing self-testing of already our implementation of the Type 6(d) rule, we will require the Type 6(d) test approved explosives articles will assist test. industry in minimizing the financial impact for Division 1.4S classification (iv) Laboratory recommendation. For of implementation of a new test on already previously approved articles, we beginning January 1, 2012 for both approved, safely transported, explosives. domestic and international vessel proposed to allow reassignment to a transportation. We disagree. PHMSA believes a compatibility group other than ‘‘S’’ using (iii) Modal variability. IME expressed uniform process for testing using the existing data and when recommended concern that the varying compliance Type 6(d) test to determine Division by a PHMSA-approved laboratory. IME dates for air transport (proposed April 1, 1.4S classification is the best approach did not support the proposal to require 2011), international highway, rail, and and we do not believe incorporating a recommendation from a PHMSA- vessel (domestic and international) variability into the process by allowing approved laboratory where a previously (proposed January 1, 2012), and self-testing and video-documentation for approved article is being reassigned. domestic highway and rail (proposed already approved articles complements IME argued: January 1, 2014) will result in confusion this approach. PHMSA understands the Inability to successfully pass the new Type and unintentional noncompliance with need to facilitate any possible cost 6(d) test does not invalidate the original specific regard to downstream reduction regarding the application of laboratory tests and recommendation[s] that customers. IME reasoned: this new testing requirement. We also were previously sufficient to attain 1.4S maintain, however, that in the interest classification. Accordingly, there is no The customer has no way of knowing that of uniform safety standards under the rational basis for requiring a laboratory the manufacturer ships only domestically [by HMR, requiring that testing be observed recommendation to support a downgrade in highway] and has not, therefore, reclassified or conducted by a PHMSA-approved classification. A laboratory recommendation the product to meet the earlier compliance should only be required where the original date for international transport. This leads to laboratory is the best approach. This classification is not supported by laboratory unintentional noncompliance by the approach will not be codified in the testing and a corresponding recommendation downstream customer * * *. We recommend HMR but rather will be incorporated * * * [W]e are also concerned that if the that PHMSA promulgate a single compliance into the explosives approval process as proposal is promulgated as drafted, some date for all modes and for domestic and specified in § 173.56 of the HMR. testing laboratories may be reticent to issue international transportation. (ii) Clarification of NPRM preamble. the required recommendation solely on the We disagree. Unawareness of a Certain phrases and terms were used in basis of existing test data, and may require requirement cannot be used as a defense the August 2010, NPRM which have new testing. for non-compliance. Downstream caused confusion. We would like to We appreciate the concerns presented customers or shippers may utilize a clarify. Regarding the phrase by IME. Again, we apologize for any number of resources to determine ‘‘incremental testing,’’ use of the phrase lack of clarity in implementing this new

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provision. As indicated previously, our intended for domestic transportation by the new requirement for the Type 6(d) Approvals and Permits Division will be highway or rail, successful testing or test on such entities. issuing guidance and instruction on compatibility group reassignment is 7. Classification of Sour Crude Oil testing or reclassification of previously required beginning January 1, 2014. approved Division 1.4S articles or We realize the intended mode of PHMSA agreed with comments substances. As part of that instruction transport may change as markets change submitted in response to the October and in order to alleviate any potential and evolve but staggered compliance 2009 ANPRM that a new proper problems from laboratories being dates we believe are necessary in order shipping name is not necessary and that reticent to provide a recommendation to provide sufficient time to there are more appropriate ways to based on existing data, the Approvals manufacturers, shippers, PHMSA- communicate the potential inhalation and Permits Division will be providing approved laboratories, and our hazard risk to transport workers. guidelines to laboratories for which Approvals and Permits Division to Therefore, in the August 2010 NPRM, types or batches of already approved accommodate the number of approved PHMSA proposed to adopt the new articles and substances should be Division 1.4S articles that will need proper shipping name found in the UN reclassed into which type of testing or reclassification as well as Model Regulations—‘‘Petroleum sour downgraded compatibility group. attempting to allay some of the costs to crude oil, flammable, toxic’’—with the c. Implementation of the Type 6(d) manufacturers who only transport by letter ‘‘I’’ in Column (1) of the HMT test in the explosives approval process. domestic highway or rail. indicating that this description is As IME accurately summarized in its appropriate for use during international d. Federal considerations. Two transportation. However, PHMSA did comments, there are three categories of commenters (ESB, NNSA) within the explosive articles or substances affected not propose to require use of the new Department of Defense and Department proper shipping name for domestic by the test requirement: (1) Previously of Energy, respectively, objected to the approved Division 1.4S articles that will transportation. PHMSA did propose that Type 6(d) test requirement for a new marking be applied to bulk pass the Type 6(d) test; (2) previously previously approved Division 1.4S approved Division 1.4S articles that will packagings containing sour crude oil to explosive material based on cost and communicate the potential inhalation not pass the Type 6(d) test and therefore logistical concerns. NNSA noted: need to be reassigned to a more risk in transportation. [M]ore significant than the added costs, are Three commenters (API, ATA, DGAC) conservative compatibility group other the limited testing assets available necessary opposed our proposed requirements as than ‘‘S’’; and (3) new explosive articles to complete testing by the prescribed ill-conceived and impractical and had for which Division 1.4S classification deadline in the NPRM. [We do not] recognize concerns with the new marking. They must be determined through successful the need to conduct UN Test Series 6(d) believe the new marking is not Type 6(d) testing. All explosive articles testing on all future permanent hazard necessary based on industry best affected by the Type 6(d) test classification requests as specified in the practices already in place. One requirement fit into these three NPRM. commenter (AAR) sought clarification of categories regardless of the mode of ESB added: rail carrier requirements in relation to transport. The compliance date for the proposed marking requirement. affected articles is dependent upon the [We object to] with applying the test Type 6(d) for articles previously classified. DOD Although the commenters opposed our intended mode of transport and whether has been assigning classifications using a proposed requirements, they strongly they are to be transported domestically methodology that includes assessing support hazard communication or internationally. Beginning January 1, projections, fireballs, and jets of flame from processes and procedures to protect 2012, any new explosive articles must unconfined initiation testing. DOD would employees, the public and the be successfully subjected to the Type consider this methodology as equivalent environment from any unreasonable risk 6(d) test to determine whether Division testing and criteria for the assignments of the of danger from hydrogen sulfide gas. 1.4S classification is appropriate. eight Divisions 1.4 explosive [a]rticles. The API noted: However, for a new explosive material DOD [has] not noted any transportation intended for transport by aircraft, the issues with the 378 articles assigned these Cargo specific testing of individual compliance date for successful Type UN numbers * * * Conducting test Type packages upon loading, followed by the 6(d) for the 378 articles would take a 6(d) testing is no later than July 1, 2011. required identification, classification, considerable amount of time without any packaging selection, marks, labels, placards, For existing approved Division 1.4S credible or measurable increase in safety and documentation process is impractical. articles intended for transport by air, * * * Reclassifying * * * by reassigning The physical and chemical criteria of the DG/ successful Type 6(d) testing is also CGs other than S is also not a viable option HazMat define the basic shipping required no later than July 1, 2011; due to the complexity of DOD logistics. information * * * The preparation of otherwise, the articles must be Consolidating, and remarking each shipping shipping information and selection of reassigned to another compatibility container located at strategic positions packagings is typically done well in advance group and a new approval issued by around the world for [defense purposes] of loading on the basis of known, reliably PHMSA prior to being offered for would be costly, time consuming and measured, physical and chemical criteria of potentially have little safety improvements. the materials being transported. When a wide transportation or transported by aircraft. range of the test results is possible, the DG/ Beginning January 1, 2012, existing ESB recommended adding a HazMat classifiers generally utilize the most approved Division 1.4S articles grandfathered exception or issuing a conservative data to develop the basic intended for international transport by special permit for previously approved shipping information * * * It is impossible highway, rail, or vessel and for domestic DOD Division 1.4S material. We to predict the concentration of H2S in the transport by vessel, successful Type 6(d) acknowledge concerns by Federal head space vapors evolving from liquid testing is required; otherwise, the agencies regarding costs and time petroleum crude oils. There is not [a] articles must be reassigned to another constraints in the interest of national standardized test, statistical correlation, or known methodology to do this * * * compatibility group and a new approval security. We are currently working Without a reliable, proven methodology, any issued by PHMSA prior to being offered directly with potentially affected attempt to develop a classification process for transportation. Finally, for existing government stakeholders to remedy regarding potential, future H2S vapor space approved Division 1.4S articles concerns regarding implementation of concentrations is unrealistic * * * API could

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support the use of a differentiated graphic, risk of potential exposure to such gas. B. Harmonization Amendments Not unique in communicating the potential H2S PHMSA notes that such a marking is Considered for Adoption in This Final vapor [but any] such mark should be both specific to the gas and aligns with Rule considered voluntary and not mandated corresponding warnings currently This final rule makes changes to the * * *. Companies should be allowed the employed in practice on the shipping flexibility in choosing an option that works HMR based on amendments made in the best for their operations. documentation. Therefore, in this final UN Model Regulations (sixteenth rule, PHMSA is amending the marking revised edition), IMDG Code DGAC added: requirement originally proposed to (Amendment 35–10) and the ICAO provide more flexibility to shippers and [W]e are concerned that providing a Technical Instructions (2011–2012), warning for select crude oils may result in carriers by allowing a text warning such which becomes effective January 1, 2011 decreased vigilance when other substances as ‘‘Danger, Possible Hydrogen Sulfide (the IMDG Code is effective January 1, also posing a potential hydrogen sulfide risk Inhalation Hazard’’ on bulk packagings 2012). We are not, however, adopting all are handled * * *. If * * * PHMSA containing sour crude to communicate the amendments made to the various maintains that a mark is still necessary, we the potential inhalation risk in recommend that the applicability of any international standards into the HMR. In transportation. See Section 172.327 for marking be limited to cargo tank truck many cases, we have not adopted operations * * * PHMSA should allow the a discussion of the new marking requirements. amendments to the international warning to appear in the vicinity of the recommendations and regulations loading/unloading operation or on the 8. IBC Rebottling because the framework or structure of vehicle at the loading location. This would avoid the need to add and remove the mark In the NPRM, PHMSA proposed to the HMR makes adoption unnecessary. from the cargo tank truck * * * We consider adopt the revised definition of ‘‘repair’’ In other cases, we have handled, or will the proposed GHS poison mark to be for composite IBCs consistent with be handling, the amendments in inappropriate * * * Applying the PHMSA international standards. To specifically separate rulemaking proceedings. proposed mark on crude oil tanks that do not address commenters’ concerns, PHMSA One of the goals of this rulemaking is meet the inhalation toxicity criteria results in noted that any proposed compliance to continue to maintain consistency a hazard communication conflict which date would be no earlier than January 1, between the HMR and the international should and can be avoided * * *. Should 2012, thus providing ample time to requirements. We are not striving to PHMSA maintain a warning is needed, we make the HMR identical to the recommend a warning sign in English that comply with the new IBC requirement. conveys the message that there is a potential We did not receive any additional international regulations, but rather to hydrogen sulfide hazard. An example could comments in response to the NPRM. remove or avoid potential barriers to be * * * ‘‘Danger, Possible Hydrogen Sulfide Therefore, in this final rule we are international transportation. Inhalation Hazard,’’ * * * [to be possibly] adopting the revised definition of Below is a listing of those significant supplemented by pictograms. ‘‘repair’’ of an IBC as proposed. See amendments to the international ATA expressed concerns that: Section 180.350 for a discussion of the regulations that we are not adopting in revised requirement. this final rule, with a brief explanation Not every load of sour crude will form of why the amendment was not hydrogen sulfide during transportation, 9. Metal Hydride Storage Systems in included: which will require carriers to repeatedly affix Conveyances and remove markings * * * If carriers are 1. Requirements for Radioactive In the August 2010 NPRM, PHMSA required to repeatedly alter marking Materials requirements, issues of employee safety from proposed to adopt the standards for the climbing on top of tank trucks as well as construction, qualification, marking and In the NPRM, we did not propose to economic issues * * * must be better requalification of hydrogen in metal adopt provisions pertaining to the understood. [We] recommend that the hydride storage systems adopted in the transportation of Class 7 (radioactive) warning be located at the loading or UN Model Regulations. We did not materials into the HMR. Amendments to unloading facility rather than on the tank receive any additional comments in requirements pertaining to the truck or other bulk container. response to the NPRM. Therefore, in transportation of Class 7 (radioactive) We agree in part with the comments. this final rule we are adopting the materials are based on changes We continue to maintain that there is a requirements as proposed. See Section contained in the International Atomic safety risk to hazmat employees that 173.311 for a discussion of requirements Energy Agency (IAEA) publication, may become exposed to hydrogen for hydrogen in a metal hydride storage ‘‘IAEA Safety Standards: Regulations for sulfide vapor in proximity to openings system. the Safe Transport of Radioactive on packagings during a loading or Materials.’’ Due to their complexity, unloading operation due to elevated 10. In Vitro Testing for Corrosivity these changes are being addressed in a concentrations of hydrogen sulfide Based on the overwhelming support separate rulemaking. vapors. We do not believe this risk is for adoption into the HMR, in the NPRM 2. Requirements for Lithium Batteries limited to cargo tank motor vehicles. It PHMSA proposed to adopt and may be that the primary mode of authorize the use of the OECD in vitro PHMSA published an NPRM under transportation for petroleum crude oil is methods. We received over 2,200 Docket HM–224F (75 FR 1302, January by cargo tank motor vehicle, but we also comments additional to that received 11, 2010) that proposed to adopt continue to maintain that any proposed from PETA, in response to the NPRM provisions to ensure all lithium batteries requirement should apply to all bulk supporting the adoption of in vitro are packaged properly to reduce the packagings as we believe this risk may testing methods to determine corrosivity possibility of damage to lithium be present in any packaging with a bulk and urging PHMSA to stop the batteries that could lead to a quantity of petroleum crude oil. requirement for use of methods based catastrophic incident, and to minimize PHMSA agrees with commenters who on live animal testing. Therefore, in this the consequences of an incident should have stated that a hazard warning final rule we are adopting the OECD in one occur. In addition, PHMSA statement specific to hydrogen sulfide vitro testing methods as proposed. See proposed to require lithium battery gas on bulk packagings would provide Section 173.137 for further discussion of shipments to be accompanied by hazard for appropriate communication of the such methods. communication that ensures appropriate

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and careful handling by air carrier agencies to use voluntary consensus updated fifth revised edition of the UN personnel, including the flight crew, standards. According to the Office of Manual and updating the IBR materials and informs both transport workers and Management and Budget (OMB) referenced in the HMR by adding and emergency response personnel of Circular A–119, ‘‘Federal Participation revising material under the following actions to be taken in an emergency. in the Development and Use of organizations: The NPRM, which PHMSA developed Voluntary Consensus Standards and in • The American Society for Testing in close coordination with our Conformity Assessment Activities,’’ and Materials (ASTM) colleagues in the Federal Aviation government agencies must use Æ ASTM D56–05, Standard Test Administration, is the latest in a series voluntary consensus standards Method for Flash Point by Tag Closed of actions PHMSA has taken to address wherever practical in the development Tester (Referenced in the very serious risks posed by lithium of regulations. Agency adoption of § 173.120(c)(1)(i)(A); Added to § 171.7). batteries in transportation. The NPRM industry standards promotes Æ ASTM D86–07a, Standard Test included proposed revisions to the HMR productivity and efficiency in Method for Distillation of Petroleum that were based on lithium battery government and industry, expands Products at Atmospheric Pressure provisions in the sixteenth revised opportunities for international trade, (Referenced in § 173.121; Added to edition of the UN Model Regulations. conserves resources, improves health § 171.7). Æ Therefore, except for wheelchairs and safety, and protects the ASTM D93–08, Standard Test powered by lithium ion batteries, we are environment. Methods for Flash Point by Pensky- not adopting new provisions pertaining To these ends, PHMSA actively Martens Closed Cup Tester (Referenced to the transportation of lithium cells and participates in the development and in § 173.120(c)(1)(ii)(A); Added to batteries in this rulemaking. The docket updating of consensus standards § 171.7). Æ for the lithium battery rulemaking can through representation on more than 20 ASTM D1078–05, Standard Test be found elsewhere at http:// consensus standard bodies. PHMSA Method for Distillation Range of Volatile www.regulations.gov under PHMSA– regularly reviews updated consensus Organic Liquids (Referenced in standards and considers their merit for § 173.121; Added to § 171.7). 2009–0095. Æ We note that a number of commenters inclusion in the HMR. ASTM D3278–96(2004)e1, Standard objected to our inclusion of limitations Section 171.7 lists all materials Test Methods for Flash Point of Liquids on the stowage of lithium batteries in incorporated by reference (IBR by Small Scale Closed-Cup Apparatus § 175.75 of the HMR and strongly urged materials) into the HMR. For this (Referenced in §§ 173.120(c)(1)(i)(B) and rulemaking, we evaluated updated 173.120(c)(1)(ii)(B); Added to § 171.7). that the limitations be removed from Æ this rulemaking and addressed in a international consensus standards and ASTM D3828–07a, Standard Test regulations pertaining to proper separate lithium battery rulemaking Methods for Flash Point by Small Scale shipping names, hazard classes, packing such as HM–224F. We agree. All Closed cup Tester (Referenced in groups, special provisions, packaging reference to lithium batteries in our § 173.120(c)(1)(i)(C); Added to § 171.7). authorizations, air transport quantity • The International Civil Aviation revisions to § 175.75 are removed from limitations, and vessel stowage Organization (ICAO) Technical this rulemaking. requirements and determined that the Instructions for the Safe Transport of 3. Requirements for Air Packaging revised standards provide an enhanced Dangerous Goods by Air (ICAO We are not adopting provisions level of safety without imposing Technical Instructions), 2009–2010 pertaining to certain packagings offered significant compliance burdens. These Edition is revised to incorporate 2011– for transportation by aircraft under this materials have a well-established and 2012 Edition. documented safety history. Their • The International Convention for rulemaking. PHMSA is considering adoption maintains the high safety the Safety of Life at Sea, 1974, as certain amendments to the HMR related standard currently achieved under the amended (SOLAS) Amendments 2002, to requirements for the packaging of HMR. Chapter II–2/Regulation 19, hazardous materials intended for Some commenters (IATA, PRBA, Saft) Consolidated Edition 2004 is revised to transportation by aircraft under a indicated concern that the fifth revised incorporate the 2009 Edition. separate docket (HM–231A). These edition of the UN Recommendations on • The International Maritime would include amendments based on the Transportation of Dangerous Goods, Organization (IMO) International the reformatted packing instructions in Manual of Tests and Criteria (UN Maritime Dangerous Goods Code, 2008 the 2011–2012 ICAO Technical Manual) was not included among the Edition, Incorporating Amendment 34– Instructions. PHMSA published an IBR materials to be updated and suggest 08, English Edition, Volumes 1 and 2 is ANPRM (73 FR 38361, July 7, 2008) and that PHMSA include the document. revised to incorporate Amendment 35– an NPRM (75 FR 27273, May 14, 2010) We agree. PHMSA proposed to 10. related to combination packaging incorporate by reference the fifth • The International Organization for standards offered in air transportation. revised edition of the UN Manual under Standardization (ISO) See http://www.regulations.gov under docket HM–224F published January 11, Æ ISO 1516:2002(E), Determination of PHMSA–2007–29364 for more 2010 (75 FR 1302) because the revised flash/no flash—Closed cup equilibrium information. version of the manual contained method (Referenced in § 173.120; IV. Section-by-Section Review updated tests for lithium cells and Added to § 171.7). batteries. However, that rulemaking will Æ ISO 1523:2002(E), Determination of Following is a section-by-section have an effective date later than this flash point—Closed cup equilibrium review of the amendments in this final final rule. This rule contains provisions method (Referenced in § 173.120; rule: regarding new test requirements for Added to § 171.7). Part 171 other materials (e.g., explosives) that are Æ ISO 2592:1973(E), Petroleum found in the updated edition of the UN products—Determination of flash and Section 171.7 Manual making it necessary for us to fire points—Cleveland open cup method The ‘‘National Technology Transfer incorporate by reference the fifth (Revised to incorporate the 2000 and Advancement Act of 1996’’ directs edition. Therefore, we are including the Edition).

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Æ ISO 2719:2002(E), Determination of Æ Guidelines for the Testing of by a method specified in ISO flash point—Pensky-Martens closed cup Chemicals, Test Guideline 404, Acute 10156:1996 or 10156–2:2005. See also method (Referenced in § 173.120; Dermal Irritation/Corrosion (1992) Sections 172.101 and 173.115, for Added to § 171.7). (Revised to incorporate 2002 edition). discussion of changes to the Æ ISO 3405:2000(E), Petroleum Æ Guidelines for the Testing of ‘‘Compressed gas, n.o.s., UN1956.’’ HMT products—Determination of distillation Chemicals, Test Guideline 430, In Vitro entry and definition, respectively. We characteristics at atmospheric pressure Skin Corrosion: Transcutaneous received no comments on the revised (Referenced in § 173.121; Added to Electrical Resistance Test (TER) (2004) definition. Therefore, in this final rule § 171.7). (Referenced in § 173.137; Added to Æ we are adopting the revision as ISO 3679:2004(E), Determination of § 171.7). proposed. flash point—Rapid equilibrium closed Æ Guidelines for the Testing of cup method (Referenced in § 173.120; Chemicals, Test Guideline 431, In Vitro Section 171.23 Added to § 171.7). Skin Corrosion: Human Skin Model Test Æ ISO 3680:2004(E), Determination of (2004) (Referenced in § 173.137; Added Section 171.23 prescribes the flash/no flash—Rapid equilibrium to § 171.7). conditional requirements for specific closed cup method (Referenced in Æ Guidelines for the Testing of materials and packages transported § 173.120; Added to § 171.7). Chemicals, Test Guideline 435, In Vitro under the various international Æ ISO 3924:1999(E), Petroleum Membrane Barrier Test Method for Skin standards as permitted by the HMR. In products—Determination of boiling Corrosion (2006) (Referenced in this final rule we are removing the range distribution—Gas chromatography § 173.137; Added to § 171.7). § 171.23(b)(9) requirement that method (Referenced in § 173.121; • Transport Canada, Transportation stipulates Division 6.1 poisonous Added to § 171.7). of Dangerous Goods Regulations, materials transported as limited Æ ISO 4626:1980(E), Volatile organic including Clear Language Amendments quantities are not excepted from liquids—Determination of boiling range 1 through 5 (Revised to add SOR/2008– labeling. This change aligns the labeling of organic solvents used as raw 34 (Amendment 6; February 7, 2008) in requirements in the HMR for limited materials (Referenced in § 173.121; its entirety and SOR/2007–179 quantities with the international Added to § 171.7). (Amendment 7; July 31, 2007)). standards without compromising safety. Æ ISO 4706:2008(E), Gas cylinders— • The United Nations Refillable welded steel cylinders—Test Recommendations on the Transport of Section 171.25 pressure 60 bar and below (Referenced Dangerous Goods, Model Regulations, Section 171.25 prescribes the in § 178.71; Added to § 171.7). fifteenth revised edition (2007), additional requirements for specific Æ ISO 10297:1999, Gas cylinders— Volumes I and II (Revised to incorporate Refillable gas cylinder valves— the sixteenth revised edition). materials and packages transported Specification and type testing, First • The United Nations under the IMDG Code as permitted by edition, May 1999, (E) (Revised to Recommendations on the Transport of the HMR. In this final rule, we are incorporate 2006 Edition). Dangerous Goods, Manual of Tests and deleting paragraphs (c)(5) and (d)(3). Æ ISO 10461:2005, Gas cylinders— Criteria, fourth revised edition, (2003), Paragraphs (c)(5) and (d)(3) required Seamless aluminum-alloy gas cylinders, and Addendum 2 (2004). (Revised to portable tanks, cargo tanks, and tank Periodic inspection and testing, Second incorporate the fifth revised edition). cars containing cryogenic liquids edition, February 2005, (E) (Revised to transported by vessel to be stowed on incorporate Amendment 1 (2006)). Section 171.8 deck regardless of the stowage Æ ISO 10692–2:2001(E), Gas This section defines terms generally requirements authorized under the cylinders—Gas cylinder valve used throughout the HMR that have IMDG Code. The IMDG Code now connections for use in the micro- broad or multi-modal applicability. We requires this same stowage for certain electronics industry—Part 2: received no comments regarding our packagings containing cryogenic Specification and type testing for valve proposed adoption of new definitions. materials aboard a vessel, thus, to cylinder connections (Referenced in Therefore, in this final rule PHMSA is paragraphs (c)(5) and (d)(3) are no § 173.40; Added to § 171.7). adding the following defined terms longer necessary. Æ ISO 13736:2008(E), Determination based on their adoption in the UN Effective January 1, 1997, vehicles of flash point—Abel closed-cup method Model Regulations: and mechanical equipment containing (Referenced in § 173.120; Added to Metal hydride storage system. This internal combustion engines were no § 171.7). term means a single complete hydrogen longer subject to the IMDG Code as Æ ISO 16111:2008(E), Transportable storage system that includes a conditionally designated under gas storage devices—Hydrogen absorbed receptacle, metal hydride, pressure in reversible metal hydride (Referenced relief device, shut-off valve, service Amendment 28–96. Effective January 1, in §§ 173.311 and 178.71; Added to equipment and internal components 2012, such articles will once again be § 171.7). used for the transportation of hydrogen subject to the IMDG Code under Æ ISO 18172–1:2007(E), Gas only. Amendment 35–10. Because the new cylinders—Refillable welded stainless Open cryogenic receptacle. This term requirements in the IMDG Code are steel cylinders—Part 1: Test pressure 6 means a transportable thermally more stringent than requirements for MPa and below (Referenced in § 178.71; insulated receptacle for refrigerated similar material in the HMR, PHMSA is Added to § 171.7). liquefied gases maintained at amending § 171.25 by revising Æ ISO 20703:2006(E), Gas cylinders— atmospheric pressure by continuous paragraph (b)(1) and adding a new Refillable welded aluminum-alloy venting of the refrigerated gas. paragraph (b)(4) permitting use of the cylinders—Design, construction and Additionally, we proposed to revise IMDG Code or the HMR to prepare and testing (Referenced in § 178.71; Added the definition of Oxidizing gas to stow vehicles and mechanical to § 171.7). specify that an oxidizing gas is a pure equipment containing internal • Organization for Economic gas or gas mixture with an oxidizing combustion engines when offered for Cooperation and Development (OECD) power greater than 23.5% as determined transport by vessel.

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Part 172 hazardous constituents be assigned the shipping name of the hazardous UN number and proper shipping name material would also apply to a mixture Section 172.101 of the predominant material or solution of a single predominant Introductory text to the § 172.101 contributing to the overall hazard hazardous material and trace amounts of HMT contains explanatory text for each classification of the mixture or solution. other hazardous or non-hazardous of the columns that comprise the HMT. Adopting a similar provision in the materials or both. Currently, § 172.101(c)(10) provides HMR will enhance a shipper’s ability to With regard to instances when the specific requirements regarding the select the most appropriate shipping provision would be used, we would selection of an appropriate proper description. In the NPRM, PHMSA expect it to be applied in cases of shipping name for mixtures and proposed to add a new paragraph, mixtures or solutions of a hazardous solutions containing more than one § 172.101(c)(10)(iv), outlining the material that contain small amounts of hazardous material of the same hazard authorization to describe the mixture or preservatives or are contaminated with class. In many cases, such mixtures and solution based on the predominant trace amounts of hazardous material in solutions are best described by a generic material contributing to the hazard such a way that the ‘‘trace amounts’’ do or ‘‘not otherwise specified’’ entry (i.e., classification. not affect the packaging, the hazard an ‘‘n.o.s.’’ entry). For example, a One commenter (DOE) suggested that class, the packing group, etc of the solution containing two or more we remove the reference to non- hazardous material. As for defining flammable liquid constituents may best hazardous material in ‘‘trace amounts’’ we do not specifically be described under the entry § 172.101(c)(10)(iv) because the mixture define this term because determination ‘‘Flammable liquids, n.o.s., UN1993.’’ of hazardous material and non- of when an amount of material affects However, in some cases where two or hazardous material is already addressed the hazard classification is highly more hazardous materials are present, a in § 172.101(c)(10)(i). Additionally, the variable depending on the physical and single hazardous material may commenter asked for clarification of chemical properties of the materials predominate where the other hazardous instances when the provision should be involved and the quantities of material materials may be present in only trace used and asked to define the meaning of involved. Therefore, in this final rule, amounts. In such cases, a description ‘‘trace amounts.’’ we are revising § 172.101(c)(10)(i) to applicable to the predominant material We agree. It is correct that provide instruction on properly may be more appropriate. A recent § 172.101(c)(10)(i) already addresses a describing a material that is a mixture incident underscores the importance of mixture or solution of a hazardous or solution of a predominant hazardous using the most specific and appropriate material and non-hazardous material. material and trace amounts of hazardous shipping description. In that incident, The provision pertains to a mixture or or non-hazardous material, or both. solution containing non-hazardous an aluminum cylinder containing 99.9% Paragraph (e) of § 172.101 provides material in such quantities that it does pure ethyl chloride ruptured in storage explanations for the letters that precede not alter the physical state or purity of incidental to transport. It was identification numbers assigned to the hazardous material it is mixed with, determined that the root cause was a proper shipping names in the HMT. In as well as either the hazard reaction between the cylinder’s contents this final rule, PHMSA is adding an classification, packing group, subsidiary and the aluminum. The relevant explanation for identification numbers hazard, or emergency response construction standard for the cylinder associated with certain descriptions procedures. The intent of new indicated that ethyl chloride was under the ICAO Technical Instructions paragraph § 172.101(c)(10)(iv) is to reactive with aluminum and that and are preceded by the letters ‘‘ID.’’ provide instruction for selecting the aluminum was not recommended for Additionally, PHMSA is authorizing use most appropriate proper shipping name the transport of ethyl chloride. of the international air description, for a mixture or solution of a hazardous However, the shipper selected a generic ‘‘ID8000, Consumer commodity, 9’’ in material and traces of one or more other compressed gas shipping description the HMT with material and article hazardous materials, one or more non- rather than the ethyl chloride name due eligibility for use of the description hazardous materials, or both. Where to the presence of trace amounts of other based on Special provision A112 and such a mixture or solution occurs that hazardous materials. While we note that Packing Instruction Y963 of the 2011– the trace amount of material does not the general requirements for packagings 2012 ICAO Technical Instructions. still broadly address the responsibility affect the classification, the material of the shipper in selecting a packaging must be described using the most Hazardous Materials Table (HMT) appropriate proper shipping name for that is compatible with its lading, and In this final rule, PHMSA is making the predominant hazardous material. that these requirements were also various amendments to the HMT. Based on the comment received and applicable and apparently overlooked, Readers should review all changes for a reconsideration of our proposal, we are the incident nonetheless highlights the complete understanding of the instead revising paragraph (c)(10)(i) to benefit of using a more specific amendments. For purposes of the provide clarification on properly description, where appropriate, to help Government Printing Office’s describing a material that is a mixture ensure that the most appropriate typesetting procedures, changes to the or solution of a predominant hazardous transport provisions are followed. HMT appear under three sections of the To address this issue, the UN Model material and trace amounts of hazardous Table, ‘‘remove,’’ ‘‘add,’’ and ‘‘revise.’’ Regulations were amended to require, or non-hazardous material, or both; Certain entries in the HMT, such as except as otherwise specified, that a rather than add a new paragraph those with revisions to the proper mixture or solution of a single (c)(10)(iv). The six conditions in shipping names, appear as a ‘‘remove’’ predominant hazardous material § 172.101(c)(10)(i) that currently limit a and ‘‘add.’’ Amendments to the HMT containing only traces of one or more mixture or solution of hazardous include the following: additional hazardous materials listed by material with a non-hazardous material name in the HMT or additional non- from being described using the proper New HMT entries

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UN3482 ...... Alkali metal dispersions, flammable or Alkaline earth metal dispersions, flammable. UN3496 ...... Batteries, nickel-metal hydride.

This new HMT entry for UN3496 entry and the potential for confusion requirements for nickel-metal hydride includes a W in Column (1) to indicate leading to use of this entry for modes batteries. Additionally, we have revised use of this hazardous materials other than vessel. Special Provision 130 to make clear that description is limited to vessel transport We agree. To help clarify the use of for other than nickel-metal hydride of these materials. this entry, we have included additional batteries transported by vessel subject to Two commenters (Saft, PRBA) language in Column (2) to refer shippers Special Provision 340, dry batteries indicated concern with our proposed transporting nickel-metal hydride must be transported in accordance with assignment of Special Provision 130 (for batteries by modes other than vessel to Special Provision 130. transportation of dry batteries—i.e., the HMT entry ‘‘Batteries, dry, sealed, ‘‘Batteries, dry, sealed, n.o.s.’’) to this n.o.s.’’ for instruction on the transport

UN3485 ...... Calcium hypochlorite, dry, corrosive or Calcium hypochlorite mixtures, dry, corrosive with more than 39% available chlorine (8.8% available oxygen). UN3487 ...... Calcium hypochlorite, hydrated, corrosive or Calcium hypochlorite, hydrated mixture, corrosive with not less than 5.5% but not more than 16% water. UN3486 ...... Calcium hypochlorite mixture, dry, corrosive with more than 10% but not more than 39% available chlorine. ID8000 ...... Consumer commodity.

This shipping description is added to (non-toxic aerosols only), Class 3 (PG II subsidiary risk and are authorized the HMT as a Class 9 miscellaneous and III only), Division 6.1 (PG III only), aboard a passenger-carrying aircraft. hazardous material to be used for the air and of UN identification numbers This amendment is based on changes transportation of limited quantities of UN3077, UN3082, and UN3175, incorporated into the 2011–2012 ICAO certain hazardous materials of Class 2 provided such materials do not have a TI.

UN3484 ...... Hydrazine aqueous solution, flammable with more than 37% hydrazine, by mass. UN3495 ...... Iodine.

Iodine is transported globally under a under various descriptions and requirements and faster identification number of different shipping therefore, various packaging, we are and access to emergency response descriptions dependent on the shipper. adding this unique UN identification information. In the interest of reducing risks number and shipping description to associated with transport of iodine provide for specific packaging

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

Lithium hypochlorite is a common this is not consistent with the hazardous must describe these products by an commercial product used as a materials description in the dangerous appropriate entry in the HMT associated with disinfectant that is often mixed with goods list in the UN Model Regulations, the correct class and packing group, namely other non-hazardous organic salts. the ICAO Technical Instructions, and ‘‘Hypochlorites, inorganic, n.o.s.’’ (UN3212) if the soon to be adopted IMDG Code. the product meets Packing Group II criteria, Currently, the HMT only provides for a or, since UN3212 does not provide a Packing Division 5.1, PG II designation for this FMC requested that PHMSA revise the Group III option, ‘‘Oxidizing solid, n.o.s.’’ material, yet testing conducted in entry by deleting the qualifying text as (UN1479) if the product meets the criteria for accordance with the UN Manual of well as the word ‘‘dry’’ to be consistent assignment to Packing Group III. Thus, for Tests and Criteria has indicated that with international standards and road and rail transport within the United some common commercial mixtures regulations and to provide shippers States FMC’s lithium hypochlorite products meet the criteria for classification in with the most appropriate shipping would have to be described by one of three Division 5.1, PG III. Therefore, PHMSA description for the transport of lithium different entries. is adding a line to the current entry to hypochlorite materials. Additionally, FMC stated: We agree. Removing the italicized text allow for classification of lithium would facilitate a uniform process of hypochlorite and mixtures of lithium [M]ore fundamental and practical problems describing lithium hypochlorite hypochlorite in PG III, where will arise if this qualifying text is retained in materials for transport purposes without appropriate. the HMR entry for UN1471. Some of the reducing the safety of transport when One commenter (FMC) noted that the commercial lithium hypochlorite products using this description in lieu the addition of the proposed PG III entry for shipped domestically and internationally by FMC have less than 39% available chlorine descriptions discussed in the comment ‘‘ ’’ the Lithium hypochlorite, UN1471 (8.8% available oxygen), and so would not be by FMC. Additionally, we are making a shipping description retains the properly described by the entry as it is conforming amendment (with the IMDG italicized text ‘‘with more than 39% proposed to be modified. [T]hese products Code) to the PG II entry for UN1471 to available chlorine (8.8% available nevertheless meet the criteria for assign special provisions T3 and TP33 oxygen)’’ as well as the word ‘‘dry’’ for classification in Division 5.1, Packing Group applicable to a portable tank when used lithium hypochlorite mixtures and that II or III. Consequently, under the HMR, FMC to transport this material. T3 outlines

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the minimum test pressure, minimum for transport of granular or powdered revision to the shipping description for shell thickness, bottom opening solids. Therefore, in this final rule, we the PG II entry already in the HMT to requirements, and pressure relief are adopting the PG III entry for read, ‘‘Lithium hypochlorite, dry or requirements in addition to the design ‘‘Lithium hypochlorite, UN1471’’ Lithium hypochlorite mixtures, and constructions requirements for the without the italicized text and the word UN1471.’’ portable tank. TP33 outlines provisions ‘‘dry,’’ as well as making a conforming

UN3483 ...... Motor fuel anti-knock mixture, flammable. UN3494 ...... Petroleum sour crude oil, flammable, toxic (this entry is identified in the HMT as appropriate for international trans- portation under § 172.101(b)(5)). UN3492 ...... Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m 3 and saturated vapor concentration greater than or equal to 500 LC 50. UN3493 ...... Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m 3 and saturated vapor concentration greater than or equal to 10 LC 50. UN3488 ...... Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m 3 and saturated vapor concentration greater than or equal to 500 LC 50. UN3489 ...... Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m 3 and saturated vapor concentration greater than or equal to 10 LC 50. UN3490 ...... Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 3 ml/m and saturated vapor concentration greater than or equal to 500 LC 50. UN3491 ...... Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 3 ml/m and saturated vapor concentration greater than or equal to 10 LC 50.

Based on a recommendation by a ‘‘Isobutyl chloroformate, NA2742’’ from basic description. Requiring the commenter (PPG), we note that two new the HMT. technical name(s) for metal catalysts entries for toxic-by-inhalation (TIH) will aid emergency responders in Amendments to the Column (1) Symbols material (i.e., UN3492 and UN3493) selecting the proper fire suppressant added in the sixteenth revised edition of The entries ‘‘Elevated temperature (e.g., CO2) if the hazardous material is the UN Model Regulations and in this liquid, flammable, n.o.s., with flash involved in a fire or in identifying other ° final rule will likely be removed from point above 37.8 C, at or above its flash materials the metal catalyst could react the dangerous goods table in the point, UN3256,’’ ‘‘Elevated temperature with. liquid, n.o.s., at or above 100 °C and seventeenth revised edition of the UN The entry ‘‘Powder, smokeless, below its flash point (including molten Model Regulations. Shippers who UN0509,’’ is revised by deleting the metals, molten salts, etc.), UN3257,’’ and choose to use these new descriptions on symbol D. The symbol D identifies a shipping papers and markings on boxes ‘‘Elevated temperature solid, n.o.s., at or ° proper shipping name for domestic use may incur additional costs when having above 240 C, UN3258’’ are revised by adding the symbol G. The symbol G only. This entry has been adopted into to change the material descriptions the UN Model Regulations, the ICAO TI, again should the descriptions be identifies proper shipping names for which a technical name of the and the IMDG Code. This deletion is removed from the UN Model consistent with our final rule published Regulations and subsequently, the HMR. hazardous material is required in parentheses in association with the under Docket HM–215J (74 FR 2200, Additionally, because of the addition basic description. Requiring the January 14, 2009) in which we indicated of generic TIH descriptions for toxic, technical name(s) for certain elevated our intent to remove the symbol D in a flammable, corrosive material (i.e., UN temperatures materials will help future rulemaking upon adoption of the 3488, UN3499), PPG believes the emergency responders in selecting the entry into international regulations. domestic entries for ‘‘sec-Butyl proper materials for extinguishing a fire For the following Division 5.1 chloroformate, NA2742’’ and ‘‘Isobutyl involving these hazardous materials and (oxidizer) materials and Division 6.1 chloroformate, NA2742’’ are obsolete will aid in estimating the temperature (toxic) materials, the entries are revised and recommended that these materials properties of the materials (e.g., the by adding the symbol G. The symbol G be described using the generic TIH melting point). identifies proper shipping names for descriptions for consistent hazard The entries ‘‘Metal catalyst, dry, which one or more technical names of communication of these materials UN2881’’ and ‘‘Metal catalyst, wetted the hazardous material must be entered between modes of transportation. with a visible excess of liquid, UN1378’’ in parentheses in association with the We agree. Therefore, in this final rule, are revised by adding the symbol G. The basic description on a shipping paper. as a conforming amendment to the symbol G identifies proper shipping Knowledge of the technical name of addition of the generic TIH entries, we names for which a technical name of the toxic materials may aid emergency are deleting the domestic use entries hazardous material is required in responders with implementing more ‘‘sec-Butyl chloroformate, NA2742’’ and parentheses in association with the appropriate first aid measures:

UN3141 ...... Antimony compounds, inorganic, liquid, n.o.s. UN1549 ...... Antimony compounds, inorganic, solid, n.o.s. UN1556 ...... Arsenic compounds, liquid, n.o.s. inorganic, including arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides, n.o.s.; and organic compounds of arsenic, n.o.s. UN1557 ...... Arsenic compounds, solid, n.o.s. inorganic, including arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides, n.o.s.; and organic compounds of arsenic, n.o.s. UN1564 ...... Barium compounds, n.o.s. UN1566 ...... Beryllium compounds, n.o.s. UN3213 ...... Bromates, inorganic, aqueous solution, n.o.s. UN1450 ...... Bromates, inorganic, n.o.s.

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

Amendments to the Column (2) the singular ‘‘engine’’ in alignment with UN2031’’ is revised to read ‘‘Nitric acid Hazardous Materials Descriptions and use of the singular form for the entries other than red fuming, with more than Proper Shipping Names in the UN Model Regulations. We 20 percent and less than 65 percent The proper shipping name for the disagree. As indicated by the nitric acid, UN2031.’’ The proper entry ‘‘Detonator, assemblies, non- commenter, § 172.101(c)(1) authorizes shipping name for the Packing Group I use of proper shipping names in the electric, for blasting, UN0500,’’ is entry ‘‘Nitric acid other than red fuming, singular or plural form. Therefore, we revised by removing the comma after with more than 70 percent nitric acid, believe it is not necessary to revise the ‘‘Detonator’’ to read ‘‘Detonator UN2031’’ is added to the HMT. In a final proper shipping name to the singular assemblies, non-electric, for blasting.’’ rule published on January 14, 2009 ‘‘engine.’’ ‘‘ (HM–215J; 74 FR 2200), errors were This revision appears as a Remove/ The proper shipping names Add’’ in this rulemaking. made to both nitric acid entries and in ‘‘Formaldehyde, solutions, flammable, this final rule, PHMSA aligns them The proper shipping name for the UN1198’’ and ‘‘Formaldehyde, solutions, entry ‘‘Engines, internal combustion, correctly in accordance with the various with not less than 25 percent international standards. Additionally, flammable gas powered, UN3166,’’ is formaldehyde, UN2209’’ are revised to revised to read ‘‘Engines, internal we are removing the outdated Packing remove an errant comma between the Group II entry ‘‘Nitric acid other than combustion or Engines, fuel cell, words ‘‘Formaldehyde’’ and ‘‘solutions.’’ flammable gas powered.’’ This revision red fuming, with not more than 70 This revision appears as a ‘‘Remove/ percent nitric acid, UN2031’’ that should appears as a ‘‘Remove/Add’’ in this Add’’ in this rulemaking. rulemaking. have been removed from the HMT in the The proper shipping name for the same final rule. One commenter (IATA) suggests that entry ‘‘1-Hydroxybenzotriazole, we revise this proper shipping name to anhydrous, wetted with not less than 20 The proper shipping name for the the singular ‘‘engine’’ in alignment with percent water, by mass, UN3474’’ is entry ‘‘Tars, liquid including road use of the singular form for the entries revised to read ‘‘1- asphalt and oils, bitumen and cut in the UN Model Regulations. We Hydroxybenzotriazole, monohydrate.’’ backs, UN1999’’ is revised to read ‘‘Tars, disagree. As indicated by the This revision appears as a ‘‘Remove/ liquid including road oils and cutback commenter, § 172.101(c)(1) authorizes Add’’ in this rulemaking. bitumens.’’ The entries in the HMT use of proper shipping names in the The proper shipping name for the PG applicable to transport of bitumen may singular or plural form. Therefore, we II entry for Lithium hypochlorite, dry cause confusion with respect to the believe it is not necessary to revise the with more than 39% available chlorine proper classification of the material. The proper shipping name to the singular (8.8% available oxygen) or Lithium entries include ‘‘Combustible liquid, ‘‘engine’’ when the shipper is authorized hypochlorite mixture, dry with more n.o.s., NA1993, combustible liquid’’ and to modify the proper shipping name than 39% available chlorine (8.8% ‘‘Tars, liquid including road asphalt and between singular and plural forms. available oxygen), UN1471’’ is revised to oils, bitumen and cut backs, UN1999, The proper shipping name for the read ‘‘Lithium hypochlorite, dry or 3,’’ and the entries ‘‘Elevated entry ‘‘Engines, internal combustion, Lithium hypochlorite mixture’’ to temperature liquid, flammable, n.o.s., flammable liquid powered, UN3166,’’ is conform with the addition of the new UN3256, 3’’ and ‘‘Elevated temperature revised to read ‘‘Engines, internal PG III entry and international use of this liquid, n.o.s., UN3257, 9,’’ when the combustion or Engines, fuel cell, proper shipping name. This revision material is heated and offered for flammable liquid powered.’’ This appears as a ‘‘Remove/Add’’ in this transport. Bitumen is a hydrocarbon revision appears as a ‘‘Remove/Add’’ in rulemaking. material derived from crude oil having this rulemaking. The proper shipping name for the a flashpoint of 160 °C or greater. One commenter (IATA) suggests that entry ‘‘Nitric acid other than red fuming, Bitumens typically do not meet the we revise this proper shipping name to with less than 65 percent nitric acid, classification for a Class 3 flammable

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liquid except for cutback bitumens The proper shipping name for the revised edition of the UN Model which are blended with a flammable entry ‘‘Vehicle, flammable gas powered, Regulations. The changes are based on material such as kerosene. Also, road UN3166,’’ is revised to read ‘‘Vehicle, data provided from a thorough review of asphalt is bitumen mixed with sand and flammable gas powered or Vehicle, fuel literature on toxic-by-inhalation fillers which also does not meet the cell, flammable gas powered.’’ This materials. The review of literature is classification for a Class 3 flammable revision appears as a ‘‘Remove/Add’’ in provided in Informal Document UN/ liquid. Therefore, we are revising the this rulemaking. SCETDG/33/INF.8 submitted to the 33rd proper shipping name ‘‘Tars, liquid The proper shipping name for the session of the UN Sub-Committee of including road asphalt and oils, entry ‘‘Vehicle, flammable liquid Experts on the Transport of Dangerous bitumen and cut backs’’ by removing powered, UN3166,’’ is revised to read Goods which is available at http:// reference to asphalt and clarifying ‘‘Vehicle, flammable liquid powered or www.unece.org/trans/main/dgdb/ applicability to cutback bitumens to Vehicle, fuel cell, flammable liquid dgsubc/c3inf33.html. powered.’’ This revision appears as a read ‘‘Tars, liquid including road oils For the entry ‘‘Tetranitromethane, ‘‘Remove/Add’’ in this rulemaking. and cutback bitumens.’’ This revision UN1510,’’ the Class 5 (oxidizer) appears as a ‘‘Remove/Add’’ in this Amendments to the Column (3) Hazard material’s primary hazard is revised to rulemaking. Class or Division a Division 6.1 (poisonous) material The proper shipping name for the PHMSA is revising the classification primary hazard. entry ‘‘Trinitro-meta-cresol, UN0216’’ is of a number of entries to Division 6.1 For the following Class 3 (flammable revised to read ‘‘Trinitro-m-cresol.’’ This poisonous primary hazards for liquid) materials, the Class 3 primary revision appears as a ‘‘Remove/Add’’ in consistency with the adoption of hazard is revised to a Division 6.1 this rulemaking. classification changes into the sixteenth (poisonous) material primary hazard.

UN2481 ...... Ethyl isocyanate. UN2486 ...... Isobutyl isocyanate. UN2483 ...... Isopropyl isocyanate. UN3079 ...... Methacrylonitrile, stabilized. UN2605 ...... Methoxymethyl isocyanate.

For the following Class 8 (corrosive) revised to a Division 6.1 (poisonous) materials, the Class 8 primary hazard is material primary hazard.

UN1810 ...... Phosphorous oxychloride. UN1834 ...... Sulfur chloride. UN1838 ...... Titanium tetrachloride.

Amendments to the Column (5) Packing and determines the performance level of transport except where concentrations Group (PG) the packaging required for the material. may build up in a confined space. For example, a PG II material (i.e., a Therefore, in this final rule, PHMSA is The entry ‘‘Carbon dioxide, solid or moderate hazard material) is considered deleting the PG III designation from the Dry ice, UN1845’’ is revised by deleting more hazardous and requires more entry. the PG III designation. In general, the PG stringent packaging than a PG III For the following Division 6.1 assigned to a material identifies the material (i.e., a low hazard material). poisonous materials, the PG is revised to degree of hazard the material represents Dry ice presents minimal risk during read PG I.

UN2668 ...... Chloroacetonitrile. UN1810 ...... Phosphorous oxychloride. UN2474 ...... Thiophosgene. UN1838 ...... Titanium tetrachloride.

PHMSA is making this revision to the the UN Sub-Committee of Experts on these materials under amendments to PG assignment for these entries for the Transport of Dangerous Goods Column (3) (see above). The Class 3 consistency with the adoption of which is available at http:// (flammable liquid), Class 8 (corrosive), changes into the sixteenth revised www.unece.org/trans/main/dgdb/ or Division 5.1 (oxidizer) primary edition of the UN Model Regulations. dgsubc/c3inf33.html. hazard labels, as appropriate, and the The changes are based on data provided Division 6.1 (poisonous) subsidiary Amendments to the Column (6) Label(s) from a thorough review of literature on hazard label are revised to a Division 6.1 toxic-by-inhalation materials. The For the following hazardous material (poisonous) material primary hazard review of literature is provided in entries, PHMSA is revising the label label and Class 3, Class 8, or Division Informal Document UN/SCETDG/33/ requirements for consistency with 5.1 subsidiary hazard label to read ‘‘6.1, INF.8 submitted to the 33rd session of changes made to the classification of 3,’’ ‘‘6.1, 8,’’ or ‘‘6.1, 5.1,’’ as appropriate.

UN2481 ...... Ethyl isocyanate. UN2486 ...... Isobutyl isocyanate. UN2483 ...... Isopropyl isocyanate. UN3079 ...... Methacrylonitrile, stabilized.

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UN2605 ...... Methoxymethyl isocyanate. UN1810 ...... Phosphorous oxychloride. UN1834 ...... Sulfur chloride. UN1838 ...... Titanium tetrachloride.

The entry ‘‘Chlorosilanes, toxic, Special provision 342. See Section discussion of our revision to special corrosive, flammable, n.o.s., UN3362’’ is 172.102 special provisions for a provision 110. revised by correctly ordering the discussion of new special provision 342. The entry ‘‘Pentaerythrite tetranitrate ‘‘ sequence of labeling hazards to reflect The entry 1-Hydroxybenzotriazole, or Pentaerythritol tetranitrate or PETN, ’’ the proper shipping name to read ‘‘6.1, monohydrate, UN3474 is revised by with not less than 7 percent wax by deleting special provision 162. Special 8, 3.’’ mass, 0411)’’ is revised by assigning provision 162 requires that for the special provision 120 to the entry. A Amendments to the Column (7) Special material to be transported as a Division final rule published in the Federal Provisions 4.1 desensitized material, it must be Register under Docket HM–215B (62 FR The entry ‘‘Chloropicrin, UN1580’’ is transported in such a manner that at no 24689, May 6, 1997), added special revised by replacing the portable tank time during the course of transportation provision 120 to § 172.102(c)(1) of the instruction T Code T14 with T22. The does the percentage concentration of HMR and assigned it to one of the UN Committee of Experts on the water fall below 20%. Anhydrous phlegmatized HMT entries for PETN Transport of Dangerous Goods revised hydroxybenzotriazole rapidly converts the T Code assignment for a number of to the monohydrate form in the (UN0411). In this final rule, PHMSA is Division 6.1 (toxic-by-inhalation) presence of water, that is, the thermally reassigning special provision 120 to materials from T14 to T22. Assigning stable form of the substance. UN0411 in Column (7) of the HMT T22 requires a higher pressure for the Additionally, tests have indicated that because it never appeared in the periodic hydrostatic test (6 bar to 10 bar) the monohydrate maintains its water subsequent printing of the HMR but the and a thicker minimum shell thickness content under temperature conditions requirement remains valid. (6 mm to 10 mm). Therefore, for encountered in storage and transport The entry ‘‘Petroleum crude oil, consistency with revisions made to the over extended periods of time. This UN1267’’ is revised by adding new T Code assignments under the sixteenth conforms to the intent of the provisions special provision 357 instructing a revised edition of the UN Model specified in special provision 162 and shipper, if applicable, to use the entry Regulations, we are revising the T Code therefore, we are deleting special ‘‘Petroleum sour crude oil, flammable, to read T22. provision 162 from the entry. toxic, UN3494’’ for petroleum crude oil The entry ‘‘Compressed gas, n.o.s., The entry ‘‘Motor fuel anti-knock containing hydrogen sulfide in UN1956’’ is revised by deleting special mixtures, UN1649’’ is revised by sufficient concentration that vapors provision 77 which authorizes the use deleting special provision 151. Special evolved from the crude oil can present of this entry for mixtures of gases with provision 151 requires that if this an inhalation hazard when this material less than 23.5% oxygen when no other material also meets the definition of a is offered for transportation oxidizing gases are present. Because we Class 3 (flammable) liquid under internationally. See Section 172.102 are modifying the definition of § 173.120 of the HMR, a FLAMMABLE Special provisions for a discussion of oxidizing gas in § 171.8 of the HMR to LIQUID label is required and the basic special provision 357. indicate that ‘‘a gas which may, by description on the shipping paper must The entry ‘‘Zinc ammonium nitrate, providing oxygen, cause or contribute to indicate the Class 3 subsidiary hazard. UN1512’’ is revised by deleting special the combustion of other material more However, because of the addition of the provision IP2 which requires IBCs other than air does means pure gases or gas new entry ‘‘Motor fuel anti-knock than metal or rigid plastic IBCs to be mixtures with an oxidizing power mixtures, flammable, UN3483’’ which offered for transportation in a closed greater than 23.5% oxygen’’ and because indicates a Class 3 subsidiary hazard, freight container or a closed transport the entry ‘‘Compressed gas, oxidizing, we believe it is no longer necessary to vehicle. n.o.s., UN3156’’ is currently available in assign special provision 151 to this the HMT, the special provision is entry. The following Division 1.4, redundant and no longer necessary. The entry ‘‘Nitrogen, refrigerated Compatibility Group S (1.4S) explosive The entry ‘‘Environmentally liquid cryogenic liquid, UN1977’’ is article entries in the HMT are revised by hazardous substance, solid, UN3077’’ is revised by adding new special adding new special provision 347 which revised by adding new special provision provisions 345 and 346. See Section limits the use of the entries to only A112 authorizing the transportation of 172.102 special provisions for a those articles that have successfully certain IBCs containing this material up discussion of new special provisions passed Test series 6(d) of Part I of the to a maximum net quantity of 1,000 kg 345 and 346. UN Manual of Tests and Criteria. For by passenger or cargo-only aircraft. The entry ‘‘Oxygen, compressed, clarity, we are also adding the special The entry ‘‘Ethylene oxide or Ethylene UN1072’’ is revised by adding special provision to the entry ‘‘Cartridges, oxide with nitrogen up to a total provision 110 authorizing an actuating power device (used to project fastening pressure of 1 MPa (10 bar) at 50 degrees cartridge (e.g., power device cartridges devices), ORM–D’’ to indicate that the C, UN1040 is revised by deleting special of Division 1.4, compatibility groups C requirements for special provision 347 provision A59 and adding new special and S) to be installed on a cylinder also apply to Division 1.4S articles that provision 342. The provisions in A59 containing oxygen without changing the may be reclassed as ORM–D. See applied only to air transport but they classification of Division 2.2. See Section 172.102 Special Provisions for a now apply to all modes under new Section 172.102 special provisions for a discussion of new special provision 347.

UN0323 ...... Cartridges, power device. UN0460 ...... Charges, bursting, plastics bonded. UN0445 ...... Charges, explosive, commercial without detonator.

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

The following Division 6.1 (toxic-by- and a thicker minimum shell thickness mm to 8 mm. Therefore, for consistency inhalation) materials entries are revised (6 mm to 8 mm). This change is with revisions made to the T Code by replacing the portable tank consistent with the T Code assigned to assignments under the sixteenth revised instruction T Code T22 with T20. The the same materials in the HMT. edition of the UN Model Regulations as UN Committee of Experts on the However, for the materials listed below, well as consistency with the current Transport of Dangerous Goods revised we assigned a T Code T22 which assignment of T20 to a number of other the T Code assignment for a number of requires a minimum shell thickness of Division 6.1 (toxic-by-inhalation Division 6.1 (toxic-by-inhalation) 10 mm. We do not believe there would material) entries, the T Code T20 would materials from T14 to T20. Assigning be a safety risk in reducing the be assigned for the following materials. T20 requires a higher pressure for the minimum shell thickness for portable periodic hydrostatic test (6 bar to 10 bar) tanks containing these materials from 10

UN2484 ...... tert-Butyl isocyanate. UN2481 ...... Ethyl isocyanate. UN2486 ...... Isobutyl isocyanate. UN2483 ...... Isopropyl isocyanate. UN2605 ...... Methoxymethyl isocyanate. UN2482 ...... n-Propyl isocyanate.

The following Division 6.1 (toxic-by- amendment to the changes to the PG of self-contained breathing apparatus inhalation) material entries are revised assignment for these materials (see when the hazardous material is by adding the portable tank special Amendments to Column (5) above). transported by vessel. provision TP13 as a conforming Special provision TP13 requires the use

UN2668 ...... Chloroacetonitrile. UN1810 ...... Phosphorous oxychloride. UN1834 ...... Sulfur chloride. UN2474 ...... Thiophosgene.

The following organometallic which authorizes use of fusible Section 178.275 for a discussion of the substance entries are revised by adding elements in the vapor space on portable authorized use of fusible elements on portable tank special provision TP36 tanks transporting these materials. See portable tanks.

UN3392 ...... Organometallic substance, liquid, pyrophoric. UN3394 ...... Organometallic substance, liquid, pyrophoric, water-reactive. UN3398 ...... Organometallic substance, liquid, water-reactive. UN3399 ...... Organometallic substance, liquid, water-reactive, flammable. UN3391 ...... Organometallic substance, solid, pyrophoric. UN3393 ...... Organometallic substance, solid, pyrophoric, water-reactive. UN3400 ...... Organometallic substance, solid, self-heating. UN3395 ...... Organometallic substance, solid, water-reactive. UN3396 ...... Organometallic substance, solid, water-reactive, flammable. UN3397 ...... Organometallic substance, solid, water-reactive, self-heating.

The following Division 5.1 (oxidizer) from the HMR for vessel transport when with the UN Manual of Tests and substance entries are revised by adding transported in non-friable prill or Criteria. new special provision W1. Special granule form provided the substance has provision W1 excepts these substances been successfully tested in accordance

UN1486 ...... Potassium nitrate. UN1498 ...... Sodium nitrate. UN1499 ...... Sodium nitrate and potassium nitrate mixtures.

Amendments to the Column (8) UN1170,’’ ‘‘Formaldehyde solutions, materials. Section 173.4b prescribes the Packaging Authorizations flammable, UN1198’’ and ‘‘Isopropanol, requirements for de minimis quantities UN1219’’ are revised in Column (8A) by of hazardous materials offered for The four flammable liquid entries adding reference to § 173.4b for transportation and transported by all ‘‘Alcohols, n.o.s., UN1987,’’ ‘‘Ethanol, additional exceptions for these modes, domestic or international. We

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are adding a new paragraph (b) to except for a discussion of authorized packaging harmonize with ICAO Technical non-infectious specimens (e.g., museum provisions for hydrogen in a metal Instructions amendments that forbid the specimens) preserved with small hydride storage system. transport of certain chlorosilane amounts of certain Class 3 materials The entry ‘‘Polyester resin kit, materials in passenger aircraft (UN1818, from the HMR as recently adopted in UN3269’’ is revised by amending UN2434, UN2437, UN2986, and the international standards. This Columns (8A) and (8B) to read 165 in UN2987). amendment is consistent with previous reference to packaging provisions in interpretations we have issued on this § 173.165. Column (8A) previously We agree. Our original intent was to matter. referred to § 173.152 and Column (8B) incorporate these amendments in the The entry ‘‘Hydrogen in a metal referred to § 173.225 for authorized August 2010 proposed rule. Therefore, hydride storage system or Hydrogen in packaging. For clarity and consistency, based on our intent and comments a metal hydride storage system such articles are now subject to received, the following entries are contained in equipment or Hydrogen in packaging provisions incorporated into revised by amending the Column (9A) a metal hydride storage system packed the HMR specific to these articles. package quantity limitations for with equipment, UN3468’’ is revised in passenger air and rail to read Column (8B) by deleting the reference to Amendments to the Column (9) ‘‘Forbidden,’’ consistent with the 2011– § 173.214 for authorized non-bulk Quantity Limitations 2012 ICAO Technical Instructions: packaging and adding new section We received three comments (3M, reference § 173.311. See Section 173.311 IATA, UPS) requesting that PHMSA

UN1818 ...... Silicon tetrachloride. UN2434 ...... Diphenyldichlorosilane. UN2437 ...... Methylphenyldichlorosilane. UN2986 ...... Chlorosilanes, corrosive, flammable, n.o.s. UN2987 ...... Chlorosilanes, corrosive, n.o.s.

The entries ‘‘Medicine, liquid, consistent an changes made to the category D means the material must be flammable, toxic, n.o.s., UN3248,’’ 2011–2012 ICAO TI. stowed ‘‘on deck only’’ on a cargo vessel ‘‘ Medicine, liquid, toxic, n.o.s., Amendments to the Column (10) Vessel and on a passenger vessel carrying a UN1851,’’ and ‘‘Medicine, solid, toxic, Stowage Requirements number of passengers limited to not n.o.s., UN3249’’ are revised in the more than the larger of 25 passengers or Column (9A) and (9B) package quantity Vessel stowage location (10A). For the one passenger per each 3 meters of limitations authorizing a greater following materials, we are revising the overall vessel length. The material is authorized stowage locations in Column maximum quantity per package prohibited on passenger vessels in (10A) by revising the stowage category which the limiting number is exceeded. to read D. Assignment of stowage

UN1951 ...... Argon, refrigerated liquid (cryogenic liquid). UN2187 ...... Carbon dioxide, refrigerated liquid. UN1143 ...... Crotonaldehyde or Crotonaldehyde, stabilized. UN1963 ...... Helium, refrigerated liquid (cryogenic liquid). UN1970 ...... Krypton, refrigerated liquid (cryogenic liquid). UN1647 ...... Methyl bromide and ethylene dibromide mixtures, liquid. UN2644 ...... Methyl iodide. UN2477 ...... Methyl isothiocyanate. UN2606 ...... Methyl orthosilicate. UN1913 ...... Neon, refrigerated liquid (cryogenic liquid). UN2201 ...... Nitrous oxide, refrigerated liquid. UN2337 ...... Phenyl mercaptan. UN1810 ...... Phosphorous oxychloride. UN1834 ...... Sulfur chloride. UN2474 ...... Thiophosgene. UN1838 ...... Titanium tetrachloride. UN2591 ...... Xenon, refrigerated liquid (cryogenic liquids).

Vessel stowage codes (10B). For the transported on any vessel carrying longitudinally by an intervening following hazardous materials, we are explosives (except Division 1.4S complete compartment or hold from’’ removing from Column (10B) stowage explosives), and we are adding in its explosives. code 18 (stowage code 143 for UN3392), place stowage code 78, which requires which prohibits the material from being the materials to be stowed ‘‘separated

UN1131 ...... Carbon disulfide. UN1259 ...... Nickel carbonyl. UN3392 ...... Organometallic substance, liquid, pyrophoric. UN3394 ...... Organometallic substance, liquid, pyrophoric, water-reactive. UN3194 ...... Pyrophoric liquid, inorganic, n.o.s. UN2845 ...... Pyrophoric liquids, organic, n.o.s.

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Section 172.102 Special Provisions does not contain deflagrating batteries are covered by the entry Section 172.102 lists special (propellant) explosives exceeding 3.2 g. ‘‘Batteries, dry, sealed, n.o.s.’’ In addition, one commenter (PRBA) provisions applicable to the Many of these types of fire extinguishers suggested that we codify guidance transportation of specific hazardous are used in commercial aircraft offered in several recently issued letters materials. Special provisions contain applications where the actuating of interpretation (e.g., Ref. No. 09–0194) packaging requirements, prohibitions, cartridge is necessary for remote indicating our determination that spent and exceptions applicable to particular activation to discharge the fire or used dry batteries of not more than quantities or forms of hazardous suppressant contained in the cylinder. 9 volts are not likely to generate a materials. PHMSA is adopting the Similarly, commercial aircraft are being dangerous quantity of heat, short circuit, following revisions to § 172.102, special designed to incorporate small oxygen cylinders in the overhead panels above or create sparks during the normal provisions. course of transportation and thus, are Special provision 15 is revised by passenger seats to provide emergency not subject to the HMR when removing redundant regulatory text oxygen in the event of a transported for purposes of recycling, applicable to ‘‘Chemical kits, UN3316’’ depressurization. The design of the reconditioning, or disposal. We agree. ‘‘ ’’ system is that a small actuating cartridge and First aid kits, UN3316. Therefore, in this final rule we are Special provision 40 is revised to attached to each cylinder will be revising special provision 130 by adding indicate that ‘‘Polyester resin kit, initiated once the passenger starts a conditional exception for the ground ’’ breathing into the mask, which will UN3269 requires specification outer transportation of spent or used dry packaging based on the PG assigned to allow the flow of oxygen from these cylinders. In connection with the batteries. the base (Class 3) material unless For conformance with the addition of excepted as a limited or excepted manufacturing and maintenance of the aircraft, it is necessary for these small new proper shipping names for quantity material. This revision is a UN3166, special provision 134 is clarification of the existing requirement. cylinders to be transported with the actuator installed. The principal hazard revised to specify that a battery-powered Special provision 77 is deleted. vehicle or equipment that also contains Special provision 77 allows use of the presented by these oxygen cylinders remains that of Division 2.2, and not the an internal combustion engine must be entry ‘‘Compressed gas, n.o.s., UN1956’’ consigned under the entry ‘‘Engine, for mixtures of gases with less than Division 1.4 explosive hazard of the actuating cartridge. Therefore, in this internal combustion, flammable gas 23.5% oxygen when no other oxidizing ’’ ‘‘ final rule PHMSA is authorizing the powered or Engine, internal gases are present. PHMSA is modifying ’’ transport of oxygen cylinders for combustion, flammable liquid powered the definition of oxidizing gas in § 171.8 ‘‘ ’’ emergency use with an installed or Vehicle, flammable gas powered or to state that ‘‘a gas which may, by ‘‘Vehicle, flammable liquid powered,’’ as actuating cartridge without changing the providing oxygen, cause or contribute to appropriate. These entries include classification of Division 2.2 provided the combustion of other material more hybrid electric vehicles powered by that the total quantity of deflagrating than air does,’’ meaning, pure gases or both an internal combustion engine and (propellant) explosives does not exceed gas mixtures with an oxidizing power batteries. Furthermore, a battery- 3.2 g per oxygen cylinder, and further greater than 23.5% oxygen. Because of powered vehicle or equipment that provided that the cylinders have an the availability of the entry contains a fuel cell-powered engine effective means of preventing ‘‘Compressed gas, oxidizing, n.o.s., must be consigned under the entry inadvertent activation. UN3156’’ in the HMT, we believe ‘‘Engine, fuel cell, flammable gas special provision 77 is no longer Special provision 130 is revised in powered’’ or ‘‘Engine, fuel cell, necessary. conformance with adoption of new flammable liquid powered’’ or ‘‘Vehicle, Special provision 78 is revised to special provision 340 and new § 172.101 fuel cell, flammable gas powered’’ or direct shippers to use the entry HMT entry, ‘‘Batteries, nickel-metal ‘‘Vehicle, fuel cell, flammable liquid ‘‘Compressed gas, oxidizing, n.o.s., hydride, UN3496,’’ applicable to nickel- powered,’’ as appropriate. These entries UN3156’’ to describe compressed air metal hydride batteries transported by include hybrid electric vehicles that contains pure gases or gas mixtures vessel. Two commenters (PRBA, Saft) powered by a fuel cell, an internal with an oxidizing power greater than requested a revision to clarify the combustion engine, and batteries. 23.5% oxygen. PHMSA is modifying the appropriate use of this special provision Special provision 135 is revised to definition of oxidizing gas in § 171.8 of for the transport of nickel-metal hydride specify that an internal combustion the HMR to indicate that ‘‘a gas which batteries. We agree that special engine installed in a vehicle must be may, by providing oxygen, cause or provision 130 should be clarified to consigned to the entry ‘‘Vehicle, contribute to the combustion of other avoid confusion over appropriate use of flammable gas powered’’ or ‘‘Vehicle, material more than air does,’’ meaning, entries applying to nickel-metal hydride flammable liquid powered,’’ as pure gases or gas mixtures with an batteries. Because these batteries are dry appropriate. These entries include oxidizing power greater than 23.5% batteries, they are subject to conditions hybrid electric vehicles powered by oxygen. Therefore, we are revising this in special provision 130, which outlines both an internal combustion engine and special provision to emphasize the that the provision applies to dry installed wet, sodium or lithium revised definition and use of the proper batteries when not specifically covered batteries. If a fuel cell-powered engine is shipping description. by another entry in the HMT. Because installed in a vehicle, the vehicle must Special provision 110 is revised to there is now another entry for nickel- be consigned using the entry ‘‘Vehicle, include oxygen cylinders for emergency metal hydride batteries that is modal fuel cell, flammable gas powered’’ or use. Fire extinguishers (UN1044) are specific, there is potential for confusion. ‘‘Vehicle, fuel cell, flammable liquid assigned special provision 110, which We are therefore adding language to powered,’’ as appropriate. These entries authorizes the installation of a cartridge special provision 130 clarifying that, include hybrid electric vehicles power device (of Divisions 1.4C and S) except for nickel-hydride batteries powered by a fuel cell, an internal on the fire extinguisher without shipped under conditions specified in combustion engine, and batteries. changing its classification from Division special provision 340 for vessel Special provision 149 is revised to 2.2, provided the actuating cartridge transportation, nickel-metal hydride indicate the exception provided may not

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be used for transportation by aircraft. nickel-metal hydride cells or batteries A new special provision 346 is added This special provision authorizes an packed with or contained in equipment, excepting from the requirements of the increased amount of certain Class 3 when nickel-metal hydride batteries are HMR ‘‘Nitrogen, refrigerated liquid (flammable liquid) materials in PG II loaded in a vessel cargo transport unit cryogenic liquid, UN1977’’ transported that are also consumer commodities. We in a total quantity of 100 kg gross mass in accordance with the requirements for received one comment, from Safety or more, shipment of the nickel-metal open cryogenic receptacles in § 173.320 Specialists, Inc. (SSI), opposing the hydride batteries is subject to the of the HMR. The receptacle must elimination of air eligibility for use of shipping paper, dangerous cargo contain no hazardous materials other the exception provided in the special manifest requirements under § 176.30, than the liquid nitrogen which must be provision. SSI asserts that because the and stowage conditions assigned to the fully absorbed in a porous material in materials currently authorized to use the ‘‘Batteries, nickel-metal hydride, the receptacle. packaging exception provided by UN3496’’ entry in the § 172.101 HMT. A new special provision 347 is added special provision 149 are not Additionally, the nickel-metal hydride restricting the use of certain HMT ‘‘extremely’’ hazardous materials, they batteries are required to be securely entries classed as Division 1.4S should continue to be authorized in air packed and protected against a explosive materials to those articles transportation in far greater quantities dangerous evolution of heat, short successfully passing Test series 6(d) of per inner packaging than are limited circuits and damage to terminals. Part I of the UN Manual of Tests and quantities packaged under the ICAO A new special provision 342 is added Criteria. See Section 172.101 Hazardous Technical Instructions. We disagree. to be consistent with the adoption of the Materials Table (HMT) for the list of Standardization in today’s safety culture same provisions in the UN Model proper shipping names that are assigned enhances safety, lowers training costs Regulations and the IMDG Code as well special provision 347. A Division 1.4 and facilitates commerce through as amendments made to special explosive is defined as an explosive that greater productivity. PHMSA has made provision A131 in the ICAO Technical presents a minor explosion hazard such concessions in this final rule, such as Instructions. The special provision that hazardous effects are confined to a lifting the § 175.75 cargo compartment allows sterilization devices containing package and no projection of fragments loading restriction on packages of ethylene oxide conforming to the of appreciable size or range are limited quantity materials, to offset per conditions in the special provision and expected; and that an external fire must inner and outer packaging limitations packaged in accordance with § 173.4a of not cause virtually instantaneous adopted through harmonization with the HMR to be offered for transportation explosion of almost the entire contents the ICAO Technical Instructions. We and transported by all modes even of a package containing a Division 1.4 will also vigorously advocate for change though Column (9A) of the § 172.101 explosive. Under § 173.58 of the HMR, at the international level when HMT lists the material as forbidden by an explosive article or substance is warranted. passenger aircraft. The addition of this subjected to Test Series 6(a), 6(b), and Special provision 157 is deleted special provision coincides with the 6(c) for assignment to an appropriate because the language of this provision deletion of special provision A59 which division (e.g. Division 1.4). Explosive has been combined with the language of restricted the applicability of the special articles or substances are assigned to revised special provision 135. Special provision to air transport. See Special Division 1.4, Compatibility Group S provision 157 was assigned to the provision A59 for additional discussion (1.4S) if hazardous effects are confined entries ‘‘Vehicle, flammable gas of this amendment. within a package or the blast and powered’’ and ‘‘Vehicle, flammable A new special provision 343 is added projection effects do not significantly liquid powered’’ and instructed shippers and assigned to the new HMT entry hinder emergency response efforts. Test that these entries include hybrid electric ‘‘Petroleum sour crude oil, flammable, Series 6(a), 6(b), and 6(c) address hazard vehicles powered by both internal toxic, UN3494,’’ indicating that for effects from exposure of the package to combustion engines and installed wet, international transportation, this entry a fire but do not address whether sodium or lithium batteries. This in the HMT must be used for petroleum hazardous effects from functioning of language is now in special provision crude oil containing hydrogen sulfide in the articles or substances is confined 135. sufficient concentration that vapors within the package. PHMSA is Special provision 167 is revised to evolved from the crude oil can present concerned that there is a possibility that require a metal hydride storage system an inhalation hazard. However, any products classified as Division 1.4S installed in conveyances, to be bulk packaging used for the domestic based on behavior in a fire according to approved by the Associate transport of petroleum crude oil would test procedures of Type 6(c) may still Administrator before acceptance for be required to be marked in accordance produce a hazardous effect that, when transport. Special provision 167 is also with the new markings prescribed in initiated, is not confined to a package. applicable, where appropriate, to § 172.327 of the HMR to provide Initiation or ignition as a result of fire, UN3166 entries powered by fuel cells. warning of the potential hazard from after the package is degraded, may Special provision 198 is revised to inhalation of hydrogen sulfide vapors. produce different results from include ‘‘Perfumery products, UN1266’’ A new special provision 345 is added functioning with the intended means of among the list of products that excepting from the requirements of the ignition or initiation. Knowledge of the nitrocellulose solutions containing not HMR ‘‘Nitrogen, refrigerated liquid behavior of the article or substance in more than 20% nitrocellulose can be cryogenic liquid, UN1977’’ transported both cases is needed to allow proper transported as. PHMSA is also revising in open cryogenic receptacles with a classification. this provision to clarify that the maximum capacity of 1 L. The As discussed in the comment nitrocellulose may not contain more receptacles must be constructed with summary in response to the NPRM, that 12.6% nitrogen by dry mass. glass double walls having the space PHMSA is requiring the Type 6(d) test A new special provision 340 is added between the walls vacuum insulated as prescribed in Section 16.7 of the fifth to provide special instruction for the and each receptacle must be transported revised edition of the UN Manual of vessel transport of nickel-metal hydride in an outer packaging with sufficient Tests and Criteria in the new special batteries (including cells). Except for cushioning and absorbent materials to provision 347. For affected articles nickel-metal hydride button cells or protect the receptacle from damage. intended for transportation by aircraft,

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the compliance date of this new A new special provision 353 is added harmonization and for greater clarity of requirement is July 1, 2011. If a and assigned to ‘‘Permanganates, the applicability of the special manufacturer or approval holder of inorganic, n.o.s., UN1482’’ and provision, PHMSA revise the affected articles previously classed and ‘‘Permanganates, inorganic, aqueous applicability of the special provision to approved as Division 1.4S chooses to solution, n.o.s., UN3214’’ to specify that all modes and not restrict the special continue offering such shipments as transport of ammonium permanganate provision to air transport through the Division 1.4S material by aircraft, the and its aqueous solutions and mixtures use of the ‘‘A’’ prefix as currently articles must be successfully tested of a permanganate and an ammonium implemented. under Test Series 6(d) and a new salt is forbidden. We agree. Therefore, in this final rule approval obtained from PHMSA. A new special provision 357 is added we are deleting Special provision A59 Additionally, a previously classed and and assigned to the entry ‘‘Petroleum and adopting new Special provision 342 approved Division 1.4S article that is crude oil, UN1267’’ to clarify that when which applies conditions for not successfully tested under Test Series transported internationally, petroleum transportation of sterilization devices 6(d) must be assigned to a compatibility crude oil containing hydrogen sulfide in containing ethylene oxide to all modes group other than S (e.g., B, C, or D) prior sufficient concentration that vapors of transportation. to being transported by aircraft. Based evolved from the crude oil can present A new Special provision A112 is on knowledge that an article or an inhalation hazard must be added authorizing the transportation of substance will not pass the Type 6(d) transported under the entry ‘‘Petroleum certain IBCs by passenger and cargo- test, a manufacturer or approval holder sour crude oil, flammable, toxic, only aircraft that contain up to a may choose to have a previously UN3494.’’ As discussed in detail in maximum net quantity of 1,000 kg of an approved Division 1.4S explosive response to comments submitted to the ‘‘Environmentally hazardous substance, reassigned to a different compatibility ANPRM, for domestic transportation, solid, n.o.s. UN3077.’’ This amendment group based on existing data and use of the toxic description is not is consistent with the authorization in recommendation by a PHMSA-approved required; however, a bulk package is the 2011–2012 ICAO Technical explosives testing and examination required to be marked in accordance Instructions. facility in lieu of conducting the Type with the requirement of new § 172.327 In paragraph (c)(4), the Table 1 (IBC 6(d) test. For new Division 1.4S articles of the HMR. See Section 173.327 for a Codes) are editorially revised to remove approved prior to January 1, 2012 discussion of the marking requirement. UN Specifications 31A, 31B and 31N intended for domestic highway or rail In the August 2010 NPRM, PHMSA from IBC Codes IB4, IB5, IB6, IB7, and transportation only, the compliance date proposed to revise special provision IB8. This revision is consistent with for testing to maintain Division 1.4S A59 for consistency with amendments amendments to international standards classification or reassignment to a made to special provision A131 of the and removes the specifications from the higher compatibility group other than S 2011–2012 ICAO Technical indicated codes in the table because IBC is January 1, 2014. For international Instructions. Special provision A59 Codes IB4 through IB8 are assigned to highway, rail and vessel transportation allows sterilization devices containing solids, whereas, UN Specifications 31A, and domestic vessel transportation, the ethylene oxide to be offered for 31B, and 31N are authorized for compliance date for Type 6(d) testing or transportation and transported by air transportation of liquids in IBC Codes reassignment for new and previously under the excepted quantity provisions IB1 through IB3 which are assigned to produced affected articles is January 1, of § 173.4a of the HMR. One commenter liquid materials only. 2012. (Andersen) supported the amendments Paragraph (c)(7) outlines provisions A new special provision 349 is added to A59 but noted that the special that apply to the transportation of and assigned to ‘‘Hypochlorites, provision originally appearing in the hazardous materials in UN portable inorganic, n.o.s., UN3212’’ to specify ICAO Technical Instructions (as special tanks. Two commenters (DGAC, PSA) that transport of mixtures of provision A131) applicable to air requested that PHMSA revise hypochlorite and an ammonium salt is transport has been adopted in the UN § 172.102(c)(7) to allow shipment of forbidden. Model Regulations as special provision solid materials in certain portable tanks A new special provision 350 is added 342 for use by other modes of transport. using bottom outlets. PSA stated: and assigned to ‘‘Bromates, inorganic, Additionally, special provision 342 is At the recommendation of the United n.o.s., UN1450’’ and ‘‘Bromates, also to be incorporated into the IMDG States, new provisions governing the use of inorganic, aqueous solution, n.o.s., Code. The commenter questioned the bottom outlets on portable tanks were UN3213’’ to specify that transport of appropriateness of adopting an ‘‘A’’ adopted in the [UN] Model Regulations * * * However, the United States does not ammonium bromate and its aqueous prefix special provision which limits the special provision, to air transport follow its own recommendation in the solutions and mixtures of a bromate and Proposed Rule * * * To date * * * the an ammonium salt is forbidden. only. Andersen stated: HMRs flatly prohibit the use of bottom A new special provision 351 is added In the preamble to the [NPRM], on page outlets for solids referenced in the American and assigned to ‘‘Chlorates, inorganic, 53085, PHMSA observes that ‘‘Special proposal to the U.N. In the Table of Portable n.o.s., UN1461’’ and ‘‘Chlorates, provision A59 allows for sterilization devices Tank T Codes T1–22, which appears in 49 inorganic, aqueous solution, n.o.s., containing ethylene oxide to be offered for C.F.R. § 172.102(c)(7), instructions T9 and ‘‘ ’’ UN3210’’ to specify that transport of transportation and transported by air (and T21 indicate prohibited in the column thereby all modes) under the excepted designated ‘‘bottom outlet requirements.’’ The ammonium chlorate and its aqueous quantity provisions of § 173.4a’’ (emphasis text of § 172.101(c)(7)(ii) explains that the solutions and mixtures of a chlorate and added) * * * notwithstanding PHMSA’s word ‘‘prohibited’’ in that column of the an ammonium salt is forbidden. statement in regard to the multi-modal Table ‘‘means bottom openings are A new special provision 352 is added applicability of this special provision, it is prohibited.’’ In the Proposed Rule, and and assigned to ‘‘Chlorites, inorganic, not at all clear from the wording of without explanation, the agency did not n.o.s., UN1462’’ to specify that transport § 172.102(c)(2) [A59] * * * that this special propose to adopt its own bottom outlet of ammonium chlorite and its aqueous provision extends to all modes of transport. provision. solutions and mixtures of a chlorite and The commenter suggested that, in In the interest of harmonization with an ammonium salt is forbidden. order to achieve complete specific regard to the January 1, 2011

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effective date for international ‘‘Potassium nitrate, UN1486,’’ ‘‘Sodium with § 172.315(a). Additionally, it is regulations, the commenters urged nitrate, UN1498,’’ and ‘‘Sodium nitrate amended by adding that until January 1, PHMSA to adopt the provisions we and Potassium nitrate mixtures, 2014 (January 1, 2013 if intended for successfully persuaded international UN1499’’ are not subject to the HMR transportation by aircraft), an organizations to adopt. when transported by vessel in non- identification number is not required to We agree. In the paper submitted to friable prills or granules form. The be marked on package containing only the UN Sub-Committee of Experts material must be accompanied by a a Consumer commodity, ORM–D or (UNSCOE) on the Transport of certificate from an accredited laboratory ORM–D–AIR material, as defined in Dangerous Goods (see UN document stating that the product has been § 171.8 of this subchapter in effect on ST/SG/AC.10/C.3/2007/24 available at properly sampled and tested by the October 1, 2010, provided the package http://www.unece.org/trans/main/dgdb/ laboratory according to the UN Manual is marked in accordance with § 172.316. dgsubc/c32007.html), the U.S. of Tests and Criteria. successfully persuaded UNSCOE to Section 172.312 adopt provisions authorizing the use of Section 172.200 Section 172.312 prescribes the bottom outlets on portable tanks used to Section 172.200 prescribes the required orientation markings for non- transport PG I solid material on the applicability of shipping paper bulk packages containing liquids. basis that (1) transport of these materials requirements for the transportation of PHMSA is amending paragraph (c)(5) to in portable tanks without bottom hazardous materials. Paragraph (b)(3) is clarify that the exception applies only to openings is impractical and it is revised to remove the exceptions for a hermetically sealed inner packaging or virtually impossible to unload the ORM–D material in conformance with receptacle not exceeding 500 mL each. material from the portable tank through the changes made to the limited Section 172.315 top openings; and (2) there is no quantities requirements under this final compelling safety reason to prohibit rule. Section 172.315 specifies the bottom openings in portable tanks markings required on a package suitable for such material when the Section 172.203 containing limited quantities of authorized portable tanks afford a level Section 172.203 specifies additional hazardous materials. These new of safety in transport substantially hazardous materials description markings are consistent with the UN greater than that afforded by other requirements on shipping papers. Model Regulations, ICAO TI and IMDG packagings authorized for the material Paragraph (b) is revised to indicate that Code and are required on packages of (e.g., UN1A2 removable head steel when a shipping paper is required, a limited quantities offered for drums). Although PHMSA did not limited quantity must be indicated as transportation by highway, rail, air and propose this amendment in the August such. This revision is necessary due to vessel. Additionally, PHMSA received 2010 NPRM, based on comments the shipping paper exception adopted in positive comments submitted in received and the relief provided to this final rule for limited quantities response to the ANPRM concerning the industry by authorizing an alternative intended for transportation by highway new marking because the requirement method of unloading PG I solid material or rail. specifies minimum dimensions on each without a reduction in packaging safety, Section 172.300 side (100 mm) that substantially in this final rule we are revising increases the visibility of the marking § 172.101(c)(7) by revising T Codes T9 Section 172.300 prescribes the when compared with the current ORM– and T21 to prohibit bottom openings for applicability of the HMR marking D marking prescribed in § 172.316 of the liquid only and specify applicable requirements incorporated in subpart D HMR. Commenters stated that increased requirements for the bottom openings. of Part 172. Paragraph (l)(1)(ii) of visibility of the mark will enhance The revision includes adding clarifying § 172.101 authorizes up to a one-year safety while reducing regulatory burden. language to § 172.101(c)(7)(ii) to specify transition period for continued use of For limited quantities intended for the meaning of ‘‘prohibited’’ for liquids stock of pre-printed packaging marked transportation by vessel, this new in the appropriate context. With regard with proper shipping names revised in marking with minimum dimensions of to PSA’s suggested revised regulatory the HMT under a rulemaking. 250 mm on each side is required on text, we do not believe it is necessary to Consistent with the transition period cargo transport units containing limited add language specifying that the bottom authorized in § 172.101(l)(1)(ii), in this quantities and no other hazardous outlets must conform to 6.7.2.6.2 of the final rule we are amending § 172.300 of materials. For limited quantities UN Model Regulations (bottom opening the HMR to authorize the continued use intended for transportation by aircraft, requirements for portable tanks used for of stock of preprinted packaging for one the marking requirements are consistent solid material) because these provisions year from the date of compliance or with the 2011–2012 ICAO TI (i.e., ‘‘Y’’ are dealt with under § 178.275(d)(2), until depleted (whichever is less) for a mark on a white square on point) in which we are referencing in the revised revision to a required marking. This addition to any required labels. entries for portable tank T Codes T9 and amendment allows the continued use of T22. preprinted packaging stock that is Section 172.316 A new portable tank special provision marked in accordance with the manner Section 172.316 prescribes marking TP36 is added authorizing the use of previously authorized. requirements for packages containing fusible elements in the vapor space of materials classed as ORM–D and ORM– Section 172.301 portable tanks with a gauge test pressure D–AIR. The marking prescribed in this that exceeds 265 kPa (38.4 psig/2.65 Section 172.301 prescribes general section will no longer be authorized for bar). See Section 178.275 for a detailed marking requirements for non-bulk limited quantities effective January 1, discussion. See Section 172.101 packagings. In this final rule, PHMSA is 2014. Hazardous Materials Table for a listing amending paragraph (a) to clarify that a of materials assigned this special proper shipping name and identification Section 172.322 provision. number is not required to be marked on Section 172.322 prescribes marking A new special provision W1 is added package containing only limited requirements for packages containing indicating that the hazardous materials quantity material marked in accordance marine pollutants. PHMSA is adding an

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exception from the marking requirement present an inhalation hazard (for both §§ 172.315 and 172.327 of the HMR, in new paragraph (d)(4) for packages of bulk and non-bulk packagings). respectively. limited quantities marked in accordance One commenter (AAR) expressed Part 173 with § 172.315. concern that this new marking Section 173.4 Section 172.324 requirement would place an undue burden on rail carriers with regard to Section 172.324 prescribes marking Section 173.4 prescribes the inspection requirements under § 174.9 requirements for small quantities of requirements for packages containing of the HMR. The commenter had hazardous substances in non-bulk hazardous materials offered for concerns regarding the safety of rail transportation and transported by packagings. PHMSA is revising carrier employees having to climb tank paragraph (b) for packages containing domestic highway or rail. PHMSA is cars to determine whether markings are revising paragraph (a) and adding new hazardous substances marked in present or correct. AAR stated: accordance with the limited quantity paragraph (a)(1)(v) to allow Division 2.2 marking prescribed in § 172.315. [We] we would not oppose the proposed (non-flammable, non-poisonous, marking if it were made clear that railroads compressed gas) material without a Section 172.326 have no obligation to inspect for markings. subsidiary hazard (except for aerosols) Section 172.326 prescribes the Accordingly, [we suggest] amending without applying for an approval from [§ 173.127 to indicate] carrier personnel are marking requirements for portable the Associate Administrator as not required to inspect for markings that prescribed under paragraph (c) of this tanks. In this final rule, we are revising would not be visible or legible from the paragraph (a) to align with the IMDG ground. section. Other Class 2 materials, Code the minimum height for a proper including Division 2.2 aerosols, will shipping name marked on a portable We agree, although we do not believe still require approval under § 173.4(c) of tank to 65 mm when offered for a regulatory revision is warranted. the HMR. These amendments are transportation and transported by Section 174.9 requires a rail carrier to consistent with the authorization under vessel. This amendment is in response inspect each rail car containing a § 173.4a(b)(1) for Division 2.2 gases to a revision made in Amendment 35– hazardous material, at ground level, for without a subsidiary hazard in addition 10 of the IMDG Code. required markings, labels, and placards, to the new restriction to exclude One commenter (Arkema) requests etc. This requirement already limits the aerosols from authorized materials in that we allow a one year transition inspection to ground level and § 173.4a of the HMR. See Section 173.4a period from the publication of the final predisposes the carrier from having to for a discussion of revisions for rule to allow for depletion of label climb onto a rail car to inspect for excepted quantities of hazardous inventory and/or restenciling of portable hazard communications. As indicated in materials. the comments by AAR, the intent of this tanks. We agree that there should be a Section 173.4a transition period and note that, in this marking is to alert hazmat employees final rule, we are implementing a who may be exposed to hydrogen Section 173.4a prescribes the delayed compliance date of January 1, sulfide vapors during a loading or requirements for excepted quantities of 2012, which is one year from the unloading operation to a potential hazardous materials offered for effective date of the rule, unless hazard and not to communicate the transportation and transported by all otherwise specified in provisions hazard for emergency response modes, domestic or international. adopted or revised in this final rule. purposes. Thus, carriers will not be PHMSA is amending paragraph (a) by obligated to inspect for markings placed adding a new paragraph (a)(4) regarding Section 172.327 in the vicinity of tank car openings on pressure differential capability for New section 172.327 specifies the a rail car that are not readily visible or packages intended for transportation by marking required for a bulk packaging legible from ground level. aircraft in accordance with § 173.27(c) containing petroleum crude oil to warn Based on comments received, we are of the HMR. PHMSA is also amending of the potential toxic inhalation hazard revising our proposed requirements to paragraph (b)(1) to clarify that the from vapors evolved from hydrogen authorize an alternative marking to the authorization for Division 2.2 (non- sulfide present in the crude oil. PHMSA GHS toxic material pictogram. See the flammable, non-poisonous, compressed proposed to require placement of the Sections II.C and III.A.7 discussion of gas) excludes aerosols as an excepted marking used for toxic materials under the classification of petroleum sour quantity material. Such articles are the Globally Harmonized System of crude oil. authorized as a limited quantity under Classification and Labeling of Chemicals both domestic and international Section 172.500 (GHS) in the immediate vicinity of any standards. Additionally, PHMSA is location on a bulk packaging that could Section 172.500 specifies the revising paragraph (b)(5) to add pose a health risk to transportation applicability of placarding requirements polyester resin kits to the types of workers if exposed to hydrogen sulfide to certain materials. PHMSA is Division 5.2 (organic peroxide) material vapors emitted from that location, such amending paragraph (b)(3) to clarify that authorized as an excepted quantity and as loading heads and manholes. This limited quantities marked in accordance is revising paragraph (d)(3) by correcting proposed hazard communication with revised § 172.315 of the HMR are the outer packaging aggregate quantity marking requirement is applicable to not subject to placarding requirements. limit for Division 5.2 liquids from 250 bulk packagings in domestic mL to 500 mL. Lastly, PHMSA is adding Section 172.502 transportation only. The new hazardous a new paragraph (g)(3) that requires materials description for ‘‘Petroleum Section 172.502 specifies prohibited when packages of excepted quantities sour crude oil, flammable, toxic, and permissive placarding (see the Section 173.25 discussion) are UN3494’’ added to the HMT must be requirements. In this final rule, PHMSA contained in an overpack, and the used for international transportation of is revising the exceptions provided in package markings required by this petroleum crude oil with hydrogen paragraph (b)(2) to include the section are not visible inside the sulfide in sufficient concentration that petroleum sour crude oil marking and overpack, the excepted quantities vapors evolved from the crude oil the limited quantity marking in marking must also be placed on the

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overpack. Additionally, an overpack that outlines the requirements for Division 1.4S prior to January 1, 2012, containing packages of excepted limited quantities intended for air may continue to be reclassed as ORM– quantities is not required to be marked transportation consistent with the 2011– D and offered for domestic highway and with the word ‘‘OVERPACK.’’ 2012 ICAO Technical Instructions, rail transportation only until January 1, where appropriate. See the limited 2014. Section 173.4b quantity, consumer commodity and Section 173.120 Section 173.4b prescribes the ICAO Technical Instructions alignment requirements for de minimis quantities NPRM comment discussion in Section Section 173.120 defines Class 3 of hazardous materials offered for III.A.5 of this rule. (flammable liquid) material. PHMSA is transportation and transported by all revising paragraph (c) to add new modes, domestic or international. Section 173.40 testing methods for determining the Consistent with the international Section 173.40 specifies the general flash point of a liquid. See Section 171.7 standards, PHMSA is adding a new packaging requirements for toxic for a listing of materials incorporated by paragraph (b) to except non-infectious materials packaged in cylinders. reference pertaining to § 173.120. specimens (e.g., museum specimens) PHMSA is amending paragraph (c)(1) Section 173.121 preserved with small amounts of certain concerning closure requirements by Class 3 (flammable liquid) materials for requiring the valve connections on UN Section 173.121 prescribes the scientific purposes from the Specification cylinders to be made by a packing group assignment for flammable requirements of the HMR. This taper thread or some other means in liquids. The HMR do not specify a test amendment is consistent with previous accordance with ISO Standard 10692– method for determining the boiling interpretations we have issued on this 2:2001. point of a liquid which may be matter indicating these specimens do necessary for liquids with very low flash not pose a risk to safety during the Section 173.58 points. PHMSA is revising paragraph (a) course of transportations. Section 173.58 outlines the to add new testing methods for One commenter (AVMA) expressed assignment of class and division for new determining the boiling point of a support for the adoption of this explosives. Based on a recommendation liquid. See Section 171.7 for a listing of exception as essential to the conduct of from comments provided by IME, we materials incorporated by reference professional work of veterinarians. are revising paragraph (a)(5) to include pertaining to § 173.121. Therefore, in this final rule, we are a reference to the Type 6(d) test for Section 173.124 adopting the exception from full determination of Division 1.4S regulation under the HMR for non- classification for consistency with the Section 173.124 defines Class 4 infectious specimens preserved with adoption of the new test. material. For consistency with a small amounts of certain Class 3 revision adopted in the UN Model Section 173.59 (flammable liquid) material for scientific Regulations, PHMSA is amending the purposes. Section 173.59 provides definitions of definition of ‘‘self-heating’’ in explosive terms that are intended for § 173.124(b)(2) of the HMR to read: Section 173.25 information only. The UN Committee of ‘‘Self-heating of a substance is a process Section 173.25 prescribes the Experts (COE) recently defined the term where the gradual reaction of that requirements for certain authorized ‘‘phlegmatized’’ to meaning the addition substance with oxygen (in air) generates packagings and overpacks. Consistent of a substance to an explosive to heat. If the rate of heat production with the international standards, enhance its safety in handling and exceeds the rate of heat loss, then the PHMSA is requiring an overpack transport. One commenter indicated temperature of the substance will rise containing packages of limited quantity support for adoption of the proposed which, after an induction time, may material marked with the new limited definition of ‘‘phlegmatized,’’ therefore, lead to self-ignition and combustion.’’ quantities marking required by this final in this final rule PHMSA is adopting the Section 173.137 rule (see the Section 172.315 definition in the HMR as proposed. discussion) to be marked with the word Section 173.137 establishes test Section 173.63 ‘‘OVERPACK’’ if the markings are not criteria and packing group assignments visible, in addition to all other required Section 173.63 specifies packaging for Class 8 (corrosive) material. Since package markings. This mark is an exceptions for limited quantities of 1993, PHMSA has authorized under the indication that the packages contained certain Division 1.4S explosive articles terms of a special permit (i.e., DOT–SP within the overpack are in accordance authorized for reclassification and 10904) an in vitro test method (available with the HMR. Additionally, for transport as ORM–D material. Prior to commercially as Corrositex®) as an excepted quantities (see the Section offering for transportation by aircraft, alternative form of testing to that 173.4a discussion) where the required ‘‘Cartridges, power devices, ORM–D– specified in the HMR, which is based on package markings are not visible inside AIR’’ (UN0323), must have been live animal test results, to determine the an overpack, the excepted quantities successfully tested in accordance with corrosivity of certain materials. marking must also be placed on the the new UN Test Series Type 6(d) test Materials authorized for analysis using overpack. An overpack containing beginning July 1, 2011. See the Section the alternative test method include packages of excepted quantities is not 172.102, Special Provision 347 acids (and their derivatives), acyl required to be marked with the word discussion. This requirement is a halides, alkylamines and ‘‘OVERPACK.’’ condition for the continuation of a polyalkylamines, bases, chlorosilanes, Division 1.4S classification and for metal halides, and oxyhalides. Section 173.27 reclassification to ORM–D for limited The UN COE recently recognized and Section 173.27 prescribes the general quantities of such articles intended for adopted in vitro test methods in the UN requirements for packaging offered or transportation by international highway, Model Regulations as an alternative intended for air transportation. In this rail and vessel and domestic vessel form of testing to that specified in OECD final rule, PHMSA is amending effective January 1, 2012. Limited Guideline for Testing of Chemicals, paragraph (f) by adding a new Table 3 quantities of such articles approved as Number 404, ‘‘Acute Dermal Irritation/

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Corrosion.’’ The following alternative in corrosive and assignment of a packing Section 173.161 vitro test methods include OECD group. We also remind shippers that Section 173.161 prescribes packaging Guidelines for the Testing of Chemicals: historical data may also be used to • requirements for chemical kits and first No. 430, ‘‘In Vitro Skin Corrosion: classify a material in accordance with aid kits containing small amounts of Transcutaneous Electrical Resistance § 173.136(c). Thus, in this final rule we hazardous materials. In this final rule, Test (TER)’’ (2004); are revising § 173.136(a) to codify the PHMSA is editorially revising the • No. 431, ‘‘In Vitro Skin Corrosion: authorization to use in vitro test section. In addition, PHMSA is Human Skin Model Test’’ (2004); and methods and to highlight the authorizing transport of dry ice in • No. 435, ‘‘In Vitro Membrane Barrier availability of classifying a material accordance with § 173.217 in packaging Test Method for Skin Corrosion’’ (2006). A positive test result under in vitro based on historical data. authorized under this section when methods 430 and 431 may be used to used as a refrigerant for the contents of Sections 173.150, 173.151, 173.152, a kit. determine corrosivity for transportation 173.153, 173.154 and 173.155 purposes but cannot be used to Section 173.165 determine the PG assignment. A Sections 173.150 through 173.155 A new section 173.165 is added to negative result for corrosivity under in prescribe the exceptions for certain prescribe packaging and other vitro methods 430 and 431 can preclude Class 3, 8 and 9 and Division 4.1, 4.2, requirements for ‘‘Polyester resin kits, further testing to determine PG 4.3, 5.1, 5.2, 6.1 hazardous materials UN3269’’ formerly contained in assignment using method 404, the under the HMR. In this final rule, § 172.102, special provision 40 and current OECD Guideline involving in PHMSA is revising each of these § 173.152(b)(4) of the HMR. This vivo testing, or method 435, the newly sections to recognize the UN Model amendment is intended to provide adopted OECD Guideline involving in Regulations and IMDG Code package clarification of existing requirements vitro testing. quantity limits for the highway, rail, and while also harmonizing the HMR with Based on the adoption of three new vessel transportation of limited international standards. OECD guidelines for the in vitro testing quantities. No limited quantity limits of materials for corrosivity in the UN Section 173.167 decrease and two increase slightly to Model Regulations and through maintain alignment with the A new section 173.167 is added to encouragement from PETA to adopt international standards for transport by indicate authorized materials and these new test methods in a petition for quantity limits for articles and rulemaking (P–1550), we proposed to other than aircraft. Additionally, the packaging provisions for ‘‘Polyester substances that may be described as adopt such guidelines as matter ‘‘ID8000, Consumer commodity,’’ when incorporated by reference (IBR) in resin kits’’ are removed from § 173.152, as proposed, and placed in new intended for transportation by all modes §§ 171.7 and 173.137 of the HMR. of transport provided all or some of the § 173.165 for clarity. In response to our proposal to transportation is by aircraft. Such incorporate several in vitro test methods When PHMSA lowered the quantity articles and substances eligible for for determination of corrosivity, limits for Division 6.1 (poisonous) classification or reclassification to Class PHMSA has received over 900 materials of PG II (primary or 9 are Class 2 materials (non-toxic comments supporting the proposal, subsidiary) authorized as a limited aerosols only), Class 3 materials including a comment from PETA. We quantity in a final rule published under (Packing Group II and III only), Division received no opposition. Therefore, we Docket HM–215G (70 FR 34065, June 6.1 (Packing Group III only), UN/ are adopting the OECD Guideline Test 13, 2005), it did not authorize the NA3077, UN/NA3082, and UN3175, Nos. 430, 431, and 435, and revising labeling exception for such packages provided such materials do not have a Test No. 404 as proposed. Further, when intended for transportation by subsidiary risk and are authorized PETA urged PHMSA to facilitate access highway, rail and vessel, nor did it aboard a passenger-carrying aircraft. to DOT–SP 10904 through our Web site authorize renaming and reclassification Inner and outer packaging quantity until such a time that this final rule as ‘‘Consumer commodity, ORM–D’’ for limits are based on Packing Instruction becomes effective, and requested that such materials. In this final rule, except Y963 of the 2011–2012 ICAO TI. PHMSA remove letters of interpretation for transportation by aircraft, we are Specification outer packagings are not that they believe recommend the use of authorizing the labeling exception for required under the conditions in vivo testing even though alternative packages of limited quantity material prescribed in this section. Additionally, in vitro testing is available. the pressure differential capability of With regard to PETA’s additional with a Division 6.1, PG II primary or subsidiary hazard and, until December the inner packagings of a combination requests, they are beyond the scope of packaging intended to contain liquids is this rulemaking. However, we note that 31, 2013, we are authorizing renaming and reclassification as ‘‘Consumer reduced from 95 kPa to 75 kPa for in prior correspondence with PETA, materials offered for transportation and commodity, ORM–D’’. Additionally, PHMSA has indicated that information transported by aircraft under the until December 31, 2012, a consumer about DOT–SP 10904 can be obtained provisions of this section. by entering ‘‘Corrositex’’ in the search commodity as defined in § 171.8 in feature of the PHMSA Office of Hazmat effect on October 1, 2010 may continue Section 173.220 Safety Web site. Also, the special permit to be packaged, reclassed and marked Section 173.220 provides exceptions may be accessed by entering ‘‘10904’’ in ‘‘ORM–D–AIR’’ either in accordance from regulation under the HMR for the the search feature on our special permits with the new Table 3 of § 173.27(f) or transport of internal combustion Web site or by conducting a group §§ 173.150 through 173.155 and engines, self-propelled vehicles, number search. 173.306, as applicable. PHMSA fully mechanical equipment containing We agree with PETA that non-live believes this eventual alignment with internal combustion engines, and animal testing should be used where international standards will improve battery-powered vehicles or equipment. available and encourage shippers to use clarity, promote regulatory compliance, This section is revised to include the in vitro test methods to determine reduce employee training costs and engines, vehicles, and equipment the classification of a material as enhance safety overall. powered by fuel cells consistent with

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similar provisions under international require temperature control are subject peroxides that are authorized for standards. to § 173.21(f). When an IBC or bulk transportation and not subject to the packaging is authorized and meets the Section 173.225 approval provisions of § 173.128. An requirements of paragraph (f) or (h) of organic peroxide identified by technical Section 173.225 specifies packaging § 173.225, respectively, lower control name is authorized for transportation requirements and other provisions for temperatures than those specified for only if it conforms to all applicable organic peroxides. When the § 172.101 non-bulk packaging may be required. provisions of the table. In this final rule, HMT specifies this section, the organic An organic peroxide not identified in PHMSA is amending the Organic peroxide must be packaged and offered paragraph (c), (e), or (g) of § 173.225 by Peroxide Table in § 173.225(c)(8) by for transportation in accordance with technical name, or not assigned to a adding a new entry and revising current the provisions of this section. Each generic type in accordance with entries. We are revising an entry to the packaging must also conform to the paragraph (b)(3) of this section, must Organic Peroxide IBC Table in general requirements of Subpart B of conform to the requirements in Part 173 and to the applicable paragraph (c) of § 173.128. paragraph (e) of this section. requirements of Part 178 of the HMR. The Organic Peroxides Table specifies The following entries in the Organic Specifically, organic peroxides that by technical name those organic Peroxide Table are being revised:

UN3106 ...... Di-(2-tert-butylperoxyisopropyl) benzene(s). Exempt ...... Di-(2-tert-butylperoxyisopropyl) benzene(s). UN3105 ...... 2,5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane.

The following entry is added to the Organic Peroxide Table:

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

One commenter (Arkema) requested hexane, which entails the more 2, 5–Dimethyl-2, 5-di-(tert-butylperoxy) that PHMSA provide a packing method conservative packing method OP5, hexane to the UNSCOE (see UN working exception for domestic transportation of based on a proposal submitted by the document ST/SG/AC.10/C.3/2008/66 greater than 90% concentrations of this German competent authority. Available available on the UNSCOE Web site). material based on a history of safe industry test data from results on this We applaud Arkema’s safe record of transportation. The proposed revision to material at concentrations greater than transportation using packing method this entry changed the packing method 90% using the E1 Koenen test in the UN OP7 for a greater than 90% for this material in concentrations of Manual of Tests and Criteria varies from concentration of material. However, 90–100% from OP7 to OP5, reducing 1.5–2.0 mm. Based on differences in based on data provided by the German the maximum quantity per package from industry test results, the German competent authority indicating a more 60 L to 30 L per package. Arkema stated: competent authority conducted a conservative classification, in this final [We ship] a 97% solution in 100 pound number of E1 Koenen tests on various rule, we are keeping this entry as drums. Since August 2005 we have shipped concentrations of 2, 5-Dimethyl-2, 5-di- proposed. We invite Arkema to submit [approximately] 1,800,000 pounds. We have test results for their 97% solution of 2, had only one incident in the 5 year time (tert-butylperoxy) hexane exceeding period. This incident was the result of a 90%. Their conclusion was that the 5-Dimethyl-2, 5-di-(tert-butylperoxy) pallet nail puncture. We suggest that a note limiting diameter is 2.0 mm at hexane should the results indicate a be added to column (8) for domestic concentrations above 90%, and classification that differs from the entry shipments [that] OP7 is authorized. therefore, they proposed a adopted in this final rule. We disagree. The UN Committee of reclassification from an ‘‘Organic The following entry in the Organic Experts adopted the reclassification of Peroxide, Type D, liquid, UN3105’’ to an Peroxide IBC Table is being revised to 90–100% concentrations of 2, 5– ‘‘Organic Peroxide, Type C, liquid, authorize a 31H2 freestanding, rigid Dimethyl-2, 5-di-(tert-butylperoxy) UN3103’’ for 90–100% concentrations of plastic IBC:

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

Section 173.230 transportation by aircraft. Several PHMSA offers no safety rationale for commenters (BIC, COSTHA, DGAC, this exclusion as the fuel cell cartridges Section 173.230 prescribes the IATA, LSI, Signa, Trulite, USFCC) themselves are subject to much more requirements for fuel cells offered for expressed strong disapproval to not stringent construction, testing, and transportation by all modes. In extending the limited quantity packaging requirements than for similar paragraph (g), PHMSA proposed to provisions to fuel cell cartridges articles (e.g., aerosols). allow only those fuel cells containing containing either Division 2.1 We agree. In this final rule, based on flammable liquids and corrosive (flammable) gas or water-reactive solids. comments received, we are authorizing materials to be transported as a limited They noted that the only difference the transportation of flammable gas and quantity by aircraft. In paragraph (h), between authorizing and not water-reactive solid fuel cell cartridges PHMSA also proposed prohibiting the authorizing these materials as limited as limited quantities in addition to reclassification to ‘‘Consumer quantities is the required use of UN authorizing their transport as consumer commodity, ORM–D–AIR’’ for specification packaging and that commodities (except for transportation

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by aircraft) if all conditions for limited the basis for the new HMR aerosols in Division 2.2, specifically for the quantity provisions are met. requirements. Some amendments in dispensing of whipped cream or other food new § 173.311 include: products * * * We believe if this list was Section 173.301b • Application to transportable metal amended by including ‘‘aerosols’’ this issue Section 173.301b prescribes general hydride storage systems with pressure would be resolved. We agree. Therefore, in this final rule requirements for shipment of UN receptacles not exceeding 150 liters in we are revising paragraph (b)(3) to pressure receptacles. PHMSA is revising water capacity and having a maximum authorize use of Division 2.2 aerosols to paragraph (c)(2)(iii) to indicate that developed pressure not exceeding 25 dispense food products. valve protection requirements for metal MPa. hydride storage systems are specified in • Requirement that transportable Section 175.9 ISO 16111. Additionally, we are metal hydride storage systems be Section 175.9 prescribes the revising paragraph (e) regarding the designed, constructed, initially applicability of the HMR to special integrity of UN pressure receptacles inspected and tested in accordance with aircraft and rotocraft operations. This used for pyrophoric gases or flammable ISO standard 16111:2008, section also prescribes the conditions mixtures of gases containing more than ‘‘Transportable gas storage devices— under which certain operations may be 1% pyrophoric compounds in Hydrogen absorbed in reversible metal performed in accordance with 14 CFR accordance with the sixteenth revised hydride,’’ as authorized under and 49 CFR (e.g., avalanche and weather edition of the UN Model Regulations. § 178.71(f) (formerly reserved). control). In this final rule, PHMSA is • Requirement that steel pressure Section 173.306 emphasizing that rotocraft operations receptacles or composite pressure are fully subject to both sets of Section 173.306 prescribes the receptacles with steel liners be marked requirements for limited quantities of regulations. in accordance with § 173.301b(f) of the One commenter suggested revising compressed gases. PHMSA is revising HMR, which specifies that a steel UN paragraph (b)(6) to provide clarity. IME paragraph (h) to clarify that, except for pressure receptacle bearing an ‘‘H’’ mark stated: transportation by aircraft, lighter refills must be used for hydrogen bearing gases in the ORM–D hazard class are eligible This suggested language is consistent with or other gases that may cause hydrogen [§] 177.835(g), which addressed the identical for the exceptions in paragraph (i) of embrittlement. compatibility issue between explosives and this section and in § 173.156. • Requirement of a requalification detonators that are transported on the same Additionally, PHMSA is revising interval of no more than five years as conveyance. In addition, use of the terms paragraph (i) of the section to recognize specified in § 180.207 of the HMR in ‘‘dynamite’’ and ‘‘blasting caps’’ without the the new marking for limited quantities accordance with the requalification additional reference to Division 1.1, 1.2, and of such materials and to provide a procedures prescribed in ISO 16111. 1.3 material could lead to the unintentional transitional period for the eventual misinterpretation or misapplication of the elimination of the ORM–D hazard class. Section 173.322 rule. PHMSA is also editorially revising Section 173.322 prescribes various We agree. Based on the comment paragraph (l) for clarity. packaging methods for ethyl chloride. In provided, we are revising § 173.59(b)(6) this final rule, PHMSA is adopting the to provide clarification. Section 173.307 amended provisions from packaging Section 175.10 Section 173.307 establishes instruction P200 of the UN Model exceptions for compressed gases. In this Regulations for ethyl chloride in a new Section 175.10 specifies the final rule, PHMSA is adding certain paragraph (e). This new packaging conditions for which passengers, crew types of light bulbs to the section method authorizes ethyl chloride in members or an operator may carry provided they are packaged capsules not exceeding 150 g of gas hazardous materials aboard an aircraft. appropriately so that if a bulb ruptures each, closed with a secondary means PHMSA is adding a new paragraph all pieces are contained within the applied, and placed in a strong outer (a)(17) to permit a mobility aid such as package. packaging not to exceed 75 kg gross a wheelchair, containing a lithium ion mass. battery, to be transported in accordance Section 173.311 with the exceptions provided in this PHMSA is adding a new § 173.311 to Part 175 section. A wheelchair or other mobility prescribe the packaging requirements Section 175.8 aid that contains a lithium metal battery for ‘‘Metal hydride storage systems, is not permitted aboard a passenger- UN3468’’ used for the transport of Section 175.8 provides exceptions carrying aircraft. As a result of this hydrogen as proposed. A metal hydride from certain regulations for air carrier amendment, current paragraph (a)(17) is storage system is a single complete operator equipment and items of redesignated as paragraph (a)(18) and hydrogen storage system that includes a replacement. PHMSA is revising current paragraph (a)(18) is redesignated receptacle, metal hydride, a pressure paragraph (b)(3) to clarify that as paragraph (a)(19). relief device, a shut-off valve, service transportation of alcoholic beverages, Three commenters (IATA, PRBA, equipment and internal components. perfumes, colognes, and liquefied gas Scoot) supported our proposal to add a The HMR do not prescribe specific lighters carried aboard a passenger- new paragraph providing an exception packaging or shipping methods for carrying aircraft by an operator must be for wheelchairs or other mobility aids metal hydride storage systems for use or sale of those items on that containing a lithium ion battery, but containing hydrogen. However, PHMSA specific aircraft. requested that for consistency, we has issued a number of special permits Two commenters (AA, COSTHA) further align with the ICAO TI and to allow the use of these systems for requested that PHMSA align paragraph accommodate carriage of these items by transport. The UN Model Regulations, (b)(3) with the ICAO TI to permit disabled passengers by allowing carriage in new Packing Instruction P205, onboard use of aerosols. COSTHA in the aircraft cabin. For instance, Scoot prescribe standards for the construction, noted: shared: qualification, marking and A number of carriers currently are required Our mobility scooter [is] designed to fold requalification of such systems and are to obtain a special permit to transport up and be stowed in the passenger cabin

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* * *. They are often small enough to fit in Section 175.25 revising paragraph (d) further to the overhead bin. [T]he lithium-ion batteries incorporate a second note into the table are removed and hand-carried by the PHMSA currently requires operators to provide certain information to to clarify that for cargo-only aircraft, passenger in the same manner as * * * packages required to be loaded in a lithium-ion batteries used for consumer passengers regarding what hazardous electronics. materials they may check-in or carry-on position considered accessible include a flight. Effective January 1, 2013, this those loaded into a Class C cargo PRBA expressed disappointment that information is to be provided at points compartment. PHMSA did not address authorizing of ticket sale and at automated or remote Several commenters requested that passenger transport of certain medical passenger check-in. Consistent with the PHMSA offer the same exception from devices powered by lithium metal ICAO TI, these amendments will require the loading restrictions in § 175.75 for batteries in this final rulemaking. We a passenger to acknowledge such limited quantity packages as are recognize the need for persons with limitations before a ticket purchase and currently authorized for Class 9 and medical disabilities to be able to carry automated or remote check-in can be ORM–D–AIR materials. We agree that devices powered by lithium metal finalized. PHMSA believes these such packages should be afforded the batteries aboard a passenger-carrying amendments only clarify existing same exceptions from the loading aircraft. However, such a provision will regulatory requirements in § 175.25 that restrictions of § 175.75 as ORM–D–AIR be addressed in a separate rulemaking. have not been updated due to changing materials and are revising the section Paragraph (a)(19) is being revised to technologies used by air carriers to accordingly. allow passengers and crew members to either sell tickets (Internet) or check-in Section 175.78 place certain spare fuel cell cartridges in passengers (automated kiosks). Section 175.78 prescribes the stowage checked baggage. This exception Additionally, these amendments compatibility of hazardous materials currently does not apply to Divisions provide air carriers greater flexibility in offered for transportation by aircraft. 2.1 or 4.3 materials contained in spare how the information they are required PHMSA is revising paragraph (c)(4)(iii) fuel cell cartridges. Although the ICAO to provide passengers on hazardous to specify that, except as provided in TI only restricts spare fuel cell materials is disseminated to them. cartridges containing Division 4.3 liquid paragraph (c)(4)(iv) of § 175.78, Division materials from checked baggage, Section 175.30 1.4B explosive materials may only be PHMSA strongly believes that the Section 175.30 prescribes inspection stowed together with Division 1.4S restriction must also include spare procedures for operators. PHMSA is explosive materials. This revision is in cartridges containing Division 2.1 revising paragraph (e) regarding accordance with an amendment made in materials. Thus, PHMSA proposed to overpack marking requirements for the 2011–2012 ICAO Technical allow spare fuel cell cartridges packages of limited and excepted Instructions. containing flammable and corrosive quantities offered for transportation by Part 176 liquids in checked baggage while aircraft. continuing to require spare fuel cell Section 176.2 Section 175.75 cartridges containing Division 2.1 and Section 176.2 establishes definitions 4.3 materials to be carried aboard an Section 175.75 prescribes quantity specific to the transportation of aircraft in carry-on baggage only. limitations and cargo location hazardous materials by vessel. PHMSA One commenter (ALPA) supported requirements for hazardous materials is revising the definition for ‘‘Cargo our position while several commenters transported by aircraft. PHMSA is transport unit’’ to include a multiple- (COSTHA, DGAC, IATA, JEMA, PRBA, revising paragraph (e) to correct an element gas container or MEGC. TAEC, Trulite, USFCC) voiced strong inadvertent cargo compartment opposition to our proposal to limit fuel restriction for passenger-authorized Section 176.63 cell cartridges permitted in checked materials carried aboard a cargo-only Section 176.63 sets forth and baggage to those with flammable liquid aircraft published in a final rule under describes the basic physical or corrosive liquid fuels. As several Docket HM–215J (74 FR 2267, January requirements for authorized stowage commenters indicated, PHMSA did not 14, 2009). PHMSA is also revising locations of hazardous materials on provide data or analysis supporting the paragraph (f) Quantity and Loading board vessels. PHMSA is amending proposal, while tests performed at the Tables for clarity. paragraph (f)(2) by removing reference FAA Technical Center on fuel cell Several commenters (ALPA, to the specific year of SOLAS, Chapter cartridges containing flammable liquid COSTHA, PRBA, UPS) objected to our II–2/Regulation 19 (i.e., 1974, as material indicated that in the case of a inclusion of limitations on the stowage amended) for consistency with the fire involving these materials, the fire of lithium batteries in § 175.75 of the manner in which IBR material is can be readily extinguished with current HMR and strongly urged that the indicated throughout the HMR in fire suppression systems onboard an limitations be removed from this outlying sections. aircraft. rulemaking and addressed in a separate Because Division 2.1 flammable gases lithium battery rulemaking such as HM– Section 176.76 are generally prohibited in air 224F. We agree. All reference to lithium Section 176.76 prescribes certain transportation on a passenger-carrying batteries in our revisions to § 175.75 are requirements for transport vehicles, aircraft as cargo and due to the removed from this rulemaking. freight containers, and portable tanks questionable integrity of such articles One commenter (UPS) fully supported containing hazardous materials when packed in a passenger’s checked our proposed clarification of the use of transported by vessel. In this final rule, baggage, PHMSA is adopting the the Class C cargo compartment for we are revising paragraph (a)(9) to prohibition in checked baggage of fuel shipments of material eligible for require that when security devices, cell cartridges containing Division 2.1 passenger aircraft under § 175.75(d); beacons or other tracking or monitoring flammable gases and Division 4.3 solid however, UPS did recommend an equipment are used, they must be dangerous when wet materials as additional revision for clarity. securely installed and must be of a proposed. Therefore, in this final rule we are certified safe type for the hazardous

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materials that will be carried within the Part 178 pressure which exceeds 2.65 bar (265 freight container or transport vehicle. kPa). In § 172.102(c)(8), we are adding a Section 178.71 new portable tank special provision Section 176.84 Section 178.71 establishes the TP36 authorizing the use of fusible Section 176.84 outlines additional specifications for UN pressure elements in the vapor space of portable requirements for stowage and receptacles. In this final rule, PHMSA is tanks with a gauge test pressure that segregation of hazardous materials adopting the regulatory relief proposed exceeds 265 kPa (38.4 psig/2.65 bar) for transported by cargo and passenger in Docket HM–218F (75 FR 60017, 75 certain organometallic substances. In vessels. In this final rule, PHMSA is FR 60017) by revising the requirements this final rule, we are authorizing use of removing the redundant stowage code in paragraph (c)(1) to allow the use of fusible elements based on a well- 143. This provision is currently a proof pressure test in addition to the established history of safe transportation assigned to UN1259, UN2845, UN3194, volumetric expansion test. The ISO of these substances in portable tanks UN3392, and UN3394, and prohibits the 7866 and 9809 standards permit either equipped with fusible elements capable carriage of the materials aboard a vessel the proof pressure test or volumetric of properly functioning at pressure of at transporting Class 1 (explosive) material expansion test to be used. The least 1,000 kPa (145 psig/10 bar). Past (except for explosives of Division 1.4S). volumetric expansion test measures the experience of the use of fusible elements See Section 172.101 Hazardous cylinder’s elastic expansion and assures indicates reliability and a proper Materials Table for the amendment that the cylinder received a proper heat functioning even in the event of a adds stowage code 78 to the above treatment. However, the ISO standards release during loading or unloading. materials of extreme flammability. Such also require each cylinder be subjected Additionally, for organometallic materials are now required to be to a hardness test and a comprehensive materials that are shipped in rigid ‘‘separated longitudinally by an shear wave ultrasonic examination (UE). portable tanks with a minimum test intervening complete compartment or PHMSA believes the combination of the pressure of more than 265 kPa (38.4 hold from explosives’’ based on proof pressure test, hardness test, and psig/2.65 bar), the tanks are required to amendments adopted in the IMDG UE should provide adequate assurance be equipped with a depressurizing Code. that each cylinder received a proper system that releases the inside pressure heat treatment. This limitation (i.e., Section 176.142 to avoid rupturing the tank as a result volumetric expansion test only) is also of an inadvertent release or fire. Fusible Section 176.142 prescribes the removed from the test pressure marking elements are used by shippers as a requirements for hazardous materials of requirement in the redesignated secondary pressure relief device, in extreme flammability transported on the paragraph (p)(6). addition to a re-closing pressure relief same vessel as Class 1 (explosive) In this final rule, PHMSA is also device. Therefore, we are revising materials. In this final rule, PHMSA is amending the cylinder bundle marking § 178.275(h) to reference special deleting this section as the restriction no requirements in § 178.71(e) by adding a provision TP36 authorizing the use of longer exists. Hazardous materials of new paragraph (e)(8) specifying that fusible elements in the vapor space of a extreme flammability are no longer pressure vessel markings only apply to portable tank used for the transport of prohibited from stowage on the same the pressure vessel itself and not to the certain organometallic materials. vessel as explosives. For entries assembly structure of the bundle. previously affected by this section, the Additionally, we are adding new Section 178.347–1 most restrictive stowage requirements paragraphs (f) and (m) that establish the Section 178.347–1 prescribes the are required. design and construction requirements general requirements for DOT for UN metal hydride storage systems Specification 407 cargo tank motor Section 176.905 and refillable welded cylinders, vehicles. Paragraph (d)(9) prescribes Section 176.905 prescribes specific respectively. To accomplish this, we are weld integrity, compliance and requirements for motor vehicles or redesignating paragraphs (m) through (r) acceptance criteria for bulkheads. mechanical equipment powered by as paragraphs (n) through (s), and The exception in § 178.347–1(d)(8) internal combustion engines that are revising paragraphs (q) and (s) currently provides an unconditional offered for transportation and accordingly to correct paragraph exception from UW–12 for all joints. transported by vessel. For consistency references. Further, we are adding three Section 178.347–1(d)(9) applies a with Amendment 35–10 of the IMDG ISO standards to the IBR table in § 171.7 condition to one particular joint Code, PHMSA is removing the signage of the HMR for UN refillable welded configuration in a head. In petition requirement for such articles in cylinders (ISO 4706, 18172–1 and P–1333, TTMA requested that we adopt paragraph (a)(5) and the ignition key 20703). Lastly, we are requiring that a weld joint efficiency of 0.85 for head removal provisions from paragraph transportable metal hydride storage seams in bulkheads on DOT 407 cargo (a)(6). Additionally, we are revising this systems (see § 173.311) be designed, tanks. Based on review of the TTMA section to account for modern designs of constructed, initially inspected and petition and additional information that vehicles and equipment that are tested in accordance with ISO was provided, we proposed in the HM– powered by engines other than internal 16111:2008, ‘‘Transportable gas storage 213 NPRM (66 FR 63095, December 4, combustion engines (e.g., electric devices—Hydrogen absorbed in 2001) that the strength of a weld seam engines powered by a fuel cell, hybrid reversible metal hydride,’’ as authorized in a bulkhead without radiographic vehicles). We are revising this section to under § 178.71(m). examination of the weld must be 0.85 of include language applicable to address the strength of the bulkhead. The these new designs. We did not propose Section 178.275 welded seam must be a full penetration these changes in the August 24, 2010 Section 178.275 prescribes butt weld, no more than one seam may NPRM, but we do not believe including requirements for UN portable tanks be used per bulkhead, and the welded language to account for new designs intended for transportation of liquid and seam must be completed before forming imposes new restrictions or any greater solid hazardous materials. Section the dish radius and knuckle radius. burdens than currently in the 178.275(h) prohibits the use of fusible TTMA commented on the proposal regulations. elements on portable tanks with a test stating, ‘‘[w]hile we agree with the

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proposal to allow a provisional 85% UN Model Regulations by requiring the V. Regulatory Analyses and Notices weld joint efficiency for DOT 407 heads gross mass, in kilograms, to be marked A. Statutory/legal Authority for This with butt-welded seams, we would like on all IBC types. The HMR require a net Rulemaking to see the requirements of UW–12 of the mass to be marked on flexible IBCs ASME Code specifically exempted for which is inconsistent with international This final rule is published under the this welded joint. Even though this standards. PHMSA inadvertently did following statutory authorities: section implies an exemption, the not revise the HMR under a previous 1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to prescribe exemption is not specific. We suggest harmonization rulemaking when the regulations for the safe transportation, the following wording, ‘‘[t]he strength of international standards were amended including security, of hazardous a weld seam in a bulkhead that has not to specify that a maximum permissible materials in intrastate, interstate, and been radiographically examined shall be gross mass be marked on all IBC types. 0.85 of the strength of the bulkhead and foreign commerce. This final rule be exempted from the requirements of Section 178.955 amends regulations to maintain UW–12 of the ASME Code under the alignment with international standards following condition’’. Section 178.955 establishes by incorporating various amendments, In the HM–213 final rule, we agreed definitions used with regard to subpart including changes to proper shipping with TTMA’s comment and agreed to Q of part 178, which prescribes the names, hazard classes, packing groups, make the change though the change design and testing criteria for Large special provisions, packaging occurred in a corrections document (68 Packagings. PHMSA is adding the authorizations, air transport quantity FR 52363, September 3, 2003). The final following two new definitions, limitations and vessel stowage rule stated: ‘‘[I]n its comments to the ‘‘Remanufactured Large Packaging’’ and requirements. To this end, as discussed NPRM, TTMA agrees with the ‘‘Reused Large Packaging,’’ in new in detail above, the final rule amends provisional 85% weld joint efficiency paragraphs (c)(6) and (c)(7), the HMR to more fully align them with for DOT 407 heads with butt-welded respectively. A ‘‘remanufactured’’ large the biennial updates of the UN Model seams. However, TTMA suggests that packaging is defined as a metal or rigid Regulations, the IMDG Code and the we include the requirements of Part plastic large packaging that is produced ICAO TI. UW–12 of the ASME Code to the list of as a UN type from a non-UN type or is Harmonization serves to facilitate excepted requirements in § 178.347– converted from one UN design type to international commerce. At the same 1(d)(8). We agree with TTMA. In this another UN design type. time, harmonization promotes the safety final rule, we are adding Part UW–12 of Remanufactured large packagings are of people, property, and the the ASME Code to the list of excepted subject to the same HMR requirements environment by reducing the potential requirements.’’ that apply to a new large packaging. A for confusion and misunderstanding In October 2004, we added an ‘‘reused’’ large packaging is defined as a that could result if shippers and exception from the radiography/joint large packaging to be refilled that has transporters were required to comply efficiency requirements of ASME VIII been examined and found free of defects with two or more conflicting sets of section UW–12 for DOT 407 cargo tanks affecting the ability to withstand the regulatory requirements. While the intent of this rulemaking is to align the with MAWP of 35 psig and less in performance tests. The term includes HMR with international standards, we § 178.347–1(d)(8) and (9). The intent those that are refilled with the same or review and consider each amendment was to provide a conditional alternate similar compatible contents and are on its own merit based on its overall means of determining a joint efficiency transported within distribution chains for certain head welds. Listing UW–12 impact on transportation safety and the controlled by the consignor of the economic implications associated with in § 178.347–1(d)(8) instead of (9), product. however, results in an unconditional its adoption into the HMR. Our goal is exception from UW–12 in all welds on Part 180 to harmonize without sacrificing the current HMR level of safety and without these tanks. Therefore, because we Section 180.207 believe the revision is appropriate, we imposing undue burdens on the are revising § 178.347–1(d)(9), as Section 180.207 prescribes the regulated public. Thus, as explained in the corresponding sections above, we proposed, by adding a new requirements for the requalification of are not harmonizing with certain subparagraph (i) and renumbering the UN pressure receptacles. In this final specific provisions of the UN Model section accordingly. rule, PHMSA is requiring that metal Regulations, the IMDG Code, and the hydride storage systems be requalified Section 178.603 ICAO TI. Moreover, we are maintaining every five years in accordance with ISO a number of current exceptions for Section 178.603 prescribes the drop 16111:2008 and that the records of that domestic transportation that should test requirements for non-bulk requalification be retained in minimize the compliance burden on the packagings in the HMR. In this final accordance with § 180.215 of the HMR. rule, PHMSA is revising paragraph (f)(4) regulated community. to amend the criteria for passing the Section 180.350 2. 49 U.S.C. 5120(b) authorizes the tests. The HMR require only that there Secretary of Transportation to ensure is no leakage of filling substance from Section 180.350 prescribes that, to the extent practicable, the inner packaging. In this final rule, applicability and defines certain terms regulations governing the transportation we are also requiring that inner regarding the qualification and of hazardous materials in commerce are receptacles, inner packagings and maintenance of IBCs. PHMSA is consistent with standards adopted by articles remain completely within the revising paragraph (b) to indicate that international authorities. This rule outer package when drop tested. the replacement of the inner receptacle amends the HMR to maintain alignment of a composite IBC with one from the with international standards by Section 178.703 original manufacturer is considered a incorporating various amendments to Section 178.703 prescribes the repair. This revision is consistent with facilitate the transport of hazardous marking requirements for IBCs. PHMSA the recent change in the definition of material in international commerce. To is aligning paragraph (a)(1)(viii) with the ‘‘repair’’ in the UN Model Regulations. this end, as discussed in detail above,

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PHMSA incorporates changes into the requirements but does not propose any 13175 (‘‘Consultation and Coordination HMR based on the sixteenth revised regulation that has substantial direct with Indian Tribal Governments’’). edition of the UN Model Regulations effects on the States, the relationship Because this final rule does not have and the 2011–2012 ICAO Technical between the national government and Tribal implications, does not impose Instructions, which become effective the States, or the distribution of power substantial direct compliance costs, and January 1, 2011, and Amendment 35–10 and responsibilities among the various is required by statute, the funding and to the IMDG Code which becomes levels of government. Therefore, the consultation requirements of Executive effective January 1, 2012. The consultation and funding requirements Order 13175 do not apply. continually increasing amount of of Executive Order 13132 do not apply. E. Regulatory Flexibility Act, Executive hazardous materials transported in The Federal hazardous material Order 13272, and DOT Procedures and international commerce warrants the transportation law, 49 U.S.C. 5101– Policies harmonization of domestic and 5128, contains an express preemption international requirements to the provision (49 U.S.C. 5125(b)) that The Regulatory Flexibility Act greatest extent possible. preempts State, local and Indian Tribe (5 U.S.C. 601 et seq.) requires an agency requirements on certain covered to review regulations to assess their B. Executive Order 12866 and DOT subjects, as follows: impact on small entities, unless the Regulatory Policies and Procedures (1) The designation, description, and agency determines that a rule is not This final rule is not considered a classification of hazardous material; expected to have a significant impact on significant regulatory action under (2) The packing, repacking, handling, a substantial number of small entities. section 3(f) of Executive Order 12866 labeling, marking, and placarding of This final rule facilitates the and, therefore, was not reviewed by the hazardous material; transportation of hazardous materials in Office of Management and Budget. The (3) The preparation, execution, and international commerce by providing final rule is not considered a significant use of shipping documents related to consistency with international rule under the Regulatory Policies and hazardous material and requirements standards. This final rule applies to Procedures of the Department of related to the number, contents, and offerors and carriers of hazardous Transportation (44 FR 11034). This final placement of those documents; materials, some of whom are small rule applies to offerors and carriers of (4) The written notification, entities, such as chemical hazardous materials, such as chemical recording, and reporting of the manufacturers, users and suppliers, manufacturers, chemical users and unintentional release in transportation packaging manufacturers, distributors suppliers, packaging manufacturers, of hazardous material; and and training companies. As discussed distributors, radiopharmaceutical (5) The design, manufacture, above, under Executive Order 12866, companies, and training companies. fabrication, inspection, marking, the majority of amendments in this final Benefits resulting from the adoption of maintenance, recondition, repair, or rule should result in cost savings and the amendments in this final rule testing of a packaging or container ease the regulatory compliance burden include enhanced transportation safety represented, marked, certified, or sold for shippers engaged in domestic and resulting from the consistency of as qualified for use in transporting international commerce, including domestic and international hazard hazardous material in commerce. trans-border shipments within North communications and continued access This final rule addresses covered America. to foreign markets by U.S. subject items (1), (2), (3), (4) and (5) Many companies will realize manufacturers of hazardous materials. above and preempts State, local, and economic benefits as a result of these The majority of amendments in this Indian Tribe requirements not meeting amendments. Additionally, the changes final rule should result in cost savings the ‘‘substantively the same’’ standard. effected by this final rule will relieve and ease the regulatory compliance This final rule is necessary to U.S. companies, including small entities burden for shippers engaged in incorporate changes adopted in competing in foreign markets, from the domestic and international commerce, international standards, effective burden of complying with a dual system including trans-border shipments January 1, 2011. If the changes in this of regulations. Therefore, I certify that within North America. final rule are not adopted into the HMR, these amendments will not, if We authorize a one year transition U.S. companies, including numerous promulgated, have a significant period to allow for training of small entities competing in foreign economic impact on a substantial employees and to ease any burden on markets, would be at an economic number of small entities. entities affected by the amendments. disadvantage. These companies would This final rule has been developed in The total net increase in costs to be forced to comply with a dual system accordance with Executive Order 13272 businesses in implementing the final of regulations. The changes in this final (‘‘Proper Consideration of Small Entities rule is considered to be minimal. Initial rulemaking are intended to avoid this in Agency Rulemaking’’) and DOT’s start-up and inventory costs will result result. Federal hazardous materials procedures and policies to promote from these changes. However, the costs transportation law provides at 49 U.S.C. compliance with the Regulatory are offset by greater long term savings of 5125(b)(2) that, if DOT issues a Flexibility Act to ensure that potential conformance with one set of regulations regulation concerning any of the impacts of draft rules on small entities and a one-year transition period. A covered subjects, DOT must determine are properly considered. regulatory evaluation is available for and publish in the Federal Register the F. Paperwork Reduction Act review in the public docket for this effective date of Federal preemption. rulemaking. The effective date of Federal preemption PHMSA currently has approved is 90 days from publication of the final information collections under Office of C. Executive Order 13132 rule in this matter. Management and Budget (OMB) Control This final rule has been analyzed in Number 2137–0034, ‘‘Hazardous accordance with the principles and D. Executive Order 13175 Materials Shipping Papers and criteria contained in Executive Order This final rule was analyzed in Emergency Response Information,’’ with 13132 (‘‘Federalism’’). This final rule accordance with the principles and an expiration date of May 31, 2011, and preempts State, local and Indian Tribe criteria contained in Executive Order OMB Control Number 2137–0557,

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‘‘Approvals for Hazardous Materials,’’ costs of OMB Control Number 2137– PHMSA provide interested members of with an expiration date of June 30, 2011. 0557 due to amendments to the the public and affected agencies an This final rule may result in a decrease classification criteria for eight Division opportunity to comment on information in the annual burden and costs of OMB 1.4 explosive articles to add the Type and recordkeeping requests. Control Number 2137–0034 due to 6(d) test as prescribed in the fifth This final rule identifies revised amendments to the exceptions for revised edition of the UN Manual of information collection requests that shipping paper requirements for limited Tests and Criteria. PHMSA will submit to OMB for quantities of Class 3, Division 4.1, Under the Paperwork Reduction Act approval based on the requirements in Division 4.2, Division 4.3, Division 5.1, of 1995, no person is required to this final rule. PHMSA has developed Division 5.2, Division 6.1, Class 8, and respond to an information collection burden estimates to reflect changes in Class 9 materials for those limited unless it has been approved by OMB this final rule, and estimates the quantities that are defined as consumer and displays a valid OMB control information collection and commodities. This final rule may result number. Section 1320.8(d), Title 5, Code recordkeeping burden as proposed in in an increase in the annual burden and of Federal Regulations requires that this rule to be as follows:

OMB Control No. 2137–0034

Annual Decrease in Number of Respondents ...... 75,000,000 Annual Decrease in Annual Number of Responses ...... 75,000,000 Annual Decrease in Annual Burden Hours ...... 1,875,000 Annual Decrease in Annual Burden Costs ...... $1,875,000.00

OMB Control No. 2137–0557

Annual Increase in Number of Respondents ...... 465 Annual Increase in Annual Number of Responses ...... 465 Annual Increase in Annual Burden Hours ...... 2,325 Annual Increase in Annual Burden Costs ...... $58,125

PHMSA will submit the revised considering (1) the need for the emergency response in the event of a information collection and proposed action, (2) alternatives to the hazardous materials incident. recordkeeping requirements to OMB for proposed action, (3) probable The HMR regulate materials that meet approval. environmental impacts of the proposed the definition of a marine pollutant in all modes of transportation. The G. Regulation Identifier Number (RIN) action and alternatives, and (4) the agencies and persons consulted during intended effect is to increase the level A regulation identifier number (RIN) the consideration process. 40 CFR of safety associated with the is assigned to each regulatory action 1508.9(b). transportation of substances hazardous listed in the Unified Agenda of Federal to the marine environment by way of Regulations. The Regulatory Information 1. Purpose and Need improved communication of their Service Center publishes the Unified presence in transportation and PHMSA proposed to amend the Agenda in April and October of each establishing appropriate requirements Hazardous Materials Regulations to year. The RIN contained in the heading for their packaging. The HMR uses a maintain alignment with international of this document can be used to cross- list-based system designed to help reference this action with the Unified standards by incorporating various shippers determine if a material meets Agenda. amendments, including changes to the definition of a marine pollutant. proper shipping names, hazard classes, Recently, the IMO adopted a criteria H. Unfunded Mandates Reform Act packing groups, special provisions, based system for identification of This final rule does not impose packaging authorizations, air transport materials hazardous to the marine unfunded mandates under the quantity limitations, and vessel stowage environment based on the Globally Unfunded Mandates Reform Act of requirements. These revisions are Harmonized System of Classification 1995. It does not result in costs of necessary to harmonize the Hazardous and Labeling of Chemicals (GHS). $141.3 million or more, adjusted for Materials Regulations with recent 2. Alternatives inflation, to either State, local or Tribal changes to the International Maritime Dangerous Goods Code, the In developing this proposed rule, we governments, in the aggregate, or to the considered three alternatives: private sector in any one year, and is the International Civil Aviation Organization’s Technical Instructions (1) Do nothing. least burdensome alternative that (2) Adopt the international standards for the Transport of Dangerous Goods by achieves the objective of the rule. in their entirety. Air, and the United Nations I. Environmental Assessment (3) Adopt most of the international Recommendations on the Transport of standards, with certain modifications The National Environmental Policy Dangerous Goods. The amendments are based on safety or economic Act, 42 U.S.C. 4321–4375, requires that intended to enhance the safety of considerations. Federal agencies analyze proposed international hazardous materials Alternative 1: Because our goal is to actions to determine whether the action transportation through better facilitate uniformity, compliance, will have a significant impact on the understanding of the regulations, an commerce and safety in the human environment. The Council on increased level of industry compliance, transportation of hazardous materials, Environmental Quality (CEQ) the smooth flow of hazardous materials we rejected this alternative. regulations order Federal agencies to from their points of origin to their Alternative 2: By adopting the conduct an environmental review points of destination, and effective international standards in their entirety,

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PHMSA could potentially adopt When considering the adoption of Uruguay Round Agreements Act (Pub. provisions that, in our view, do not international standards under the HMR, L. 103–465), prohibits Federal agencies provide an adequate safety level. we review and consider each from establishing any standards or Further, because we provide for amendment on its own merit and assess engaging in related activities that create domestic exceptions and extended its impact on transportation safety and unnecessary obstacles to the foreign compliance periods to minimize the the environment. Based on the lack of commerce of the United States. For potential economic impact of any public comment on the issue, it is our purposes of these requirements, Federal revisions on the regulated community, conclusion that the amendments agencies may participate in the this alternative was also rejected. adopted in this final rule will have no establishment of international Alternative 3: Consistency between adverse affect on the environment. standards, so long as the standards have U.S. and international regulations helps a legitimate domestic objective, such as 4. Consultations and Public Comment to assure the safety of international providing for safety, and do not operate hazardous materials transportation On June 20, 2007, November 27, 2007, to exclude imports that meet this through better understanding of the June 18, 2008, and November 19, 2008, objective. The statute also requires regulations, an increased level of PHMSA hosted public meetings with consideration of international standards industry compliance, the smooth flow of public and private stakeholders to and, where appropriate, that they be the hazardous materials from their points of discuss draft U.S. positions on the basis for U.S. standards. PHMSA origin to their points of destination, and United Nation’s Sub-Committee of participates in the establishment of effective emergency response in the Experts on the Transport of Dangerous international standards to protect the event of a hazardous materials incident. Goods (UNSCOE) proposals for the safety of the American public, and we Under Alternative 3, we would sixteenth revised edition of the UN have assessed the effects of the harmonize the HMR with international Recommendations on the Transport of proposed rule to ensure that it does not standards to the extent consistent with Dangerous Goods Model Regulations. In exclude imports that meet this objective. U.S. safety and economic goals. addition, PHMSA and the U.S. Coast Accordingly, this rulemaking is Alternative 3 is the only alternative Guard hosted a public meeting on consistent with PHMSA’s obligations that addresses, in all respects, the September 17, 2008, and hosted a under the Trade Agreement Act, as purpose of this regulatory action, which second meeting on September 10, 2009, amended. is to facilitate the safe and efficient to discuss amendments to the IMDG transportation of hazardous materials in Code. A public meeting was held on List of Subjects international commerce. These actions September 29, 2009 to discuss 49 CFR Part 171 will provide the greatest possible amendments to the ICAO Technical Exports, Hazardous materials harmonization with international Instructions. During these public transportation, Hazardous waste, requirements without posing an undue meetings, U.S. positions on proposed Imports, Incorporation by reference, increased cost burden on industry. For amendments to the UN Reporting and recordkeeping these reasons, Alternative 3 is our Recommendations were considered and requirements. recommended alternative. discussed. Positions were established 3. Analysis of Environmental Impacts based on input received during these 49 CFR Part 172 meetings in conjunction with internal Hazardous materials are transported Education, Hazardous materials review, including thorough technical transportation, Hazardous waste, by aircraft, vessel, rail, and highway. review. The potential for environmental damage Incorporation by reference, Labeling, We have identified a number of Markings, Packaging and containers, or contamination exists when packages immediate and long-term actions that of hazardous materials are involved in Reporting and recordkeeping participants in the international requirements. accidents or en route incidents resulting community are taking or will take to from cargo shifts, valve failures, package enhance the safe transportation of 49 CFR Part 173 failures, or loading, unloading, or hazardous materials. Through this Hazardous materials transportation, handling problems. The ecosystems that integrated and cooperative approach, we Incorporation by reference, Packaging could be affected by a release include believe we can be most successful in and containers, Radioactive materials, air, water, soil, and ecological resources reducing incidents, enhancing safety, Reporting and recordkeeping (e.g., wildlife habitats). The adverse and protecting the public. requirements, Uranium. environmental impacts associated with releases of most hazardous materials are J. Privacy Act 49 CFR Part 175 short-term impacts that can be greatly Anyone is able to search the Air carriers, Hazardous materials reduced or eliminated through prompt electronic form of any written transportation, Incorporation by clean-up of the accident scene. Most communications and comments reference, Radioactive materials, hazardous materials are not transported received into any of our dockets by the Reporting and recordkeeping in quantities sufficient to cause name of the individual submitting the requirements. significant, long-term environmental document (or signing the document, if damage if they are released. submitted on behalf of an association, 49 CFR Part 176 The hazardous material regulatory business, labor union, etc.). You may Hazardous materials transportation, system is a risk-management system that review DOT’s complete Privacy Act Incorporation by reference, Maritime is prevention-oriented and focused on Statement in the Federal Register carriers, Radioactive materials, identifying hazards and reducing the published on April 11, 2000 (65 FR Reporting and recordkeeping probability and quantity of a hazardous 19477) or you may visit http:// requirements. material release. Amending the HMR to www.dot.gov/privacy.html. maintain alignment with international 49 CFR Part 178 standards enhances the safe K. International Trade Analysis Hazardous materials transportation, transportation of hazardous materials in The Trade Agreements Act of 1979 Incorporation by reference, Motor domestic and international commerce. (Pub. L. 96–39), as amended by the vehicle safety, Packaging and

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containers, Reporting and recordkeeping entry ‘‘Technical Instructions for the Electrical Resistance Test (TER), OECD requirements. Safe Transport of Dangerous Goods by Guidelines for the Testing of Chemicals, Air (ICAO Technical Instructions)’’ is Section 4: Health Effects, OECD 49 CFR Part 180 revised; Publishing’’, ‘‘OECD (2004), Test No. Hazardous materials transportation, ■ c. Under the entry ‘‘International 431: In Vitro Skin Corrosion: Human Motor carriers, Motor vehicle safety, Maritime Organization (IMO)’’, the Skin Model Test, OECD Guidelines for Packaging and containers, Railroad entries ‘‘International Maritime the Testing of Chemicals, Section 4: safety, Reporting and recordkeeping Dangerous Goods Code (IMDG Code)’’ Health Effects, OECD Publishing’’ and requirements. and ‘‘International Convention for the ‘‘OECD (2006), Test No. 435: In Vitro ■ In consideration of the foregoing, Safety of Life at Sea, 1974, as amended Membrane Barrier Test Method for Skin PHMSA amends 49 CFR Chapter I as (SOLAS)’’ are revised; Corrosion, OECD Guidelines for the follows: ■ d. Under the entry ‘‘International Testing of Chemicals, Section 4: Health ’’ Effects, OECD Publishing’’ are added in PART 171—GENERAL INFORMATION, Organization for Standardization (ISO) , ‘‘ ’’ ‘‘ appropriate numerical order; REGULATIONS, AND DEFINITIONS the entries ISO 2592—1973(E) ; ISO 10297:1999’’ and ‘‘ISO 10461:2005’’ are ■ f. Under the entry for ‘‘Transport ■ 1. The authority citation for part 171 revised; and the entries ‘‘ISO Canada,’’ the entry ‘‘Transportation of continues to read as follows: 1516:2002’’; ‘‘ISO 1523:2002’’; ‘‘ISO Dangerous Goods Regulations Authority: 49 U.S.C. 5101–5128, 44701; 49 2719:2002’’; ‘‘ISO 3405:2000’’; ‘‘ISO (Transport Canada TDG Regulations)’’ is CFR 1.45 and 1.53; Pub. L. 101–410 section 3679:2004’’; ‘‘ISO 3680:2004’’; ‘‘ISO revised; and 4 (28 U.S.C. 2461 note); Pub. L. 104–134 3924:1999’’; ‘‘ISO 4626:1980’’; ‘‘ISO ■ g. Under the entry ‘‘United Nations’’, section 31001. 4706:2008’’; ‘‘ISO 10692–2:2001’’; ‘‘ISO the entries ‘‘UN Recommendations on ■ 2. In § 171.7, the paragraph (a)(3) table 13736:2008’’; ‘‘ISO 16111:2008’’; ‘‘ISO the Transport of Dangerous Goods, is amended as follows: 18172–1:2007’’ and ‘‘ISO 20703:2006’’ Model Regulations’’ and ‘‘UN ■ a. Under the entry ‘‘American Society are added in alphanumerical order; Recommendations on the Transport of for Testing and Materials (ASTM),’’ the ■ e. Under the entry ‘‘Organization for Dangerous Goods, Manual of Tests and entries ‘‘ASTM D56–05’’, ‘‘ASTM D86– Economic Cooperation and Criteria’’ are revised. 07a’’, ‘‘ASTM D93–08’’, ‘‘ASTM D1078– Development (OECD)’’, the entry ‘‘OECD The additions and revisions read as 05’’, ‘‘ASTM D3278–96(2004)e1’’, and Guideline for the Testing of Chemicals, follows: ‘‘ASTM D3828–07a’’ are added in Number 404, ‘‘Acute Dermal Irritation/ § 171.7 Reference material. alphanumerical order; Corrosion (1992)’’ is revised and the ■ b. Under the entry ‘‘International Civil entries ‘‘OECD (2004), Test No. 430: In (a) * * * Aviation Organization (ICAO)’’, the Vitro Skin Corrosion: Transcutaneous (3) * * *

Source and name of material 49 CFR reference

******* American Society for Testing and Materials (ASTM)

******* ASTM D56–05, Standard Test Method for Flash Point by Tag Closed Cup Tester, approved May 1, 2005 ...... 173.120 ASTM D86–07a, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved April 173.121 1, 2007. ASTM D93–08, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, approved October 15, 173.120 2008. ASTM D1078–05, Standard Test Method for Distillation Range of Volatile Organic Liquids, approved May 15, 2005 ...... 173.121

******* ASTM D3278–96 (Reapproved 2004) E 1, Standard Test Methods for Flash Point of Liquids by Small Scale Closed- 173.120 Cup Apparatus, approved November 1, 2004. ASTM D3828–07a, Standard Test Methods for Flash Point by Small Scale Closed Cup Tester, approved July 15, 2007 173.120

******* International Civil Aviation Organization (ICAO),

******* Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), 2011–2012 171.8; 171.22; 171.23; Edition. 171.24; 172.101; 172.202; 172.401; 172.512; 172.519; 172.602; 172.704; 173.1; 173.56; 173.320; 175.33; 178.3.

******* International Maritime Organization (IMO),

******* International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), Chapter II–2, Construction—Fire 176.63, 176.84 protection, fire detection and fire extinction, Regulation 19, Carriage of dangerous goods, Consolidated Edition 2009.

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Source and name of material 49 CFR reference

International Maritime Dangerous Goods Code (IMDG Code), 2010 Edition, Incorporating Amendment 35–10 (English 171.22; 171.23; Edition), Volumes 1 and 2. 171.25; 172.101 172.202; 172.203 172.401; 172.502; 172.519; 172.602; 172.704; 173.1; 173.21; 173.56; 173.320; 176.2; 176.5; 176.11; 176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 178.3; 178.274. International Organization for Standardization

******* ISO 1516:2002(E), Determination of flash/no flash—Closed cup equilibrium method, Third Edition, 2002–03–01 ...... 173.120. ISO 1523:2002(E), Determination of flash point—Closed cup equilibrium method, Third Edition, 2002–03–01 ...... 173.120.

******* ISO 2592:2000(E), Determination of flash and fire points—Cleveland open cup method, Second Edition, 2000–09–15 .. 173.120. ISO 2719:2002(E), Determination of flash point—Pensky-Martens closed cup method, Third Edition, 2002–11–15 ...... 173.120.

******* ISO 3405:2000(E), Petroleum products—Determination of distillation characteristics at atmospheric pressure, Third Edi- 173.121. tion, 2000–03–01.

******* ISO 3679:2004(E), Determination of flash point—Rapid equilibrium closed cup method, Third Edition, 2004–04–01 ...... 173.120. ISO 3680:2004(E), Determination of flash/no flash—Rapid equilibrium closed cup method, Fourth Edition, 2004–04–01 173.120.

******* ISO 3924:1999(E), Petroleum products—Determination of boiling range distribution—Gas chromatography method, 173.121. Second Edition, 1999–08–01.

******* ISO 4626:1980(E), Volatile organic liquids—Determination of boiling range of organic solvents used as raw materials, 173.121. First Edition, 1980–03–01. ISO 4706:2008(E), Gas cylinders—Refillable welded steel cylinders—Test pressure 60 bar and below, First Edition, 178.71. 2008–04–15, Corrected Version, 2008–07–01.

******* ISO 10297:2006(E), Transportable gas cylinders—Cylinder valves—Specification and type testing, Second Edition, 173.301b; 178.71. 2006–01–15. ISO 10461:2005(E), Gas cylinders—Seamless aluminum-alloy gas cylinders—Periodic inspection and testing, Second 180.207. Edition, 2005–02–15 and Amendment 1, 2006–07–15.

******* ISO 10692–2:2001(E), Gas cylinders—Gas cylinder valve connections for use in the micro-electronics industry—Part 2: 173.40. Specification and type testing for valve to cylinder connections, First Edition, 2001–08–01.

******* ISO 13736:2008(E), Determination of flash point—Abel closed-cup method, Second Edition, 2008–09–15 ...... 173.120. ISO 16111:2008(E), Transportable gas storage devices—Hydrogen absorbed in reversible metal hydride, First Edition, 173.301b; 173.311; 2008–11–15. 178.71. ISO 18172–1:2007(E), Gas cylinders—Refillable welded stainless steel cylinders—Part 1: Test pressure 6 MPa and 178.71. below, First Edition, 2007–03–01. ISO 20703:2006(E), Gas cylinders—Refillable welded aluminum-alloy cylinders—Design, construction and testing, First 178.71. Edition, 2006–05–01.

******* Organization for Economic Cooperation and Development (OECD)

******* OECD (2002), Test No. 404: Acute Dermal Irritation/Corrosion, OECD Guidelines for the Testing of Chemicals, Section 173.137. 4: Health Effects, OECD Publishing, adopted April 24, 2002. OECD (2004), Test No. 430: In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test (TER), OECD Guide- 173.137. lines for the Testing of Chemicals, Section 4: Health Effects, OECD Publishing, adopted April 13, 2004. OECD (2004), Test No. 431: In Vitro Skin Corrosion: Human Skin Model Test, OECD Guidelines for the Testing of 173.137. Chemicals, Section 4: Health Effects, OECD Publishing, adopted April 13, 2004. OECD (2006), Test No. 435: In Vitro Membrane Barrier Test Method for Skin Corrosion, OECD Guidelines for the 173.137. Testing of Chemicals, Section 4: Health Effects, OECD Publishing, adopted July 19, 2006.

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Source and name of material 49 CFR reference

******* Transport Canada

******* Transportation of Dangerous Goods Regulations (Transport Canada TDG Regulations), August 2001 including Clear 171.12; 171.22; Language Amendments SOR 2001–286; SOR/2002–306 August 8, 2002; SOR/2003–273 July 24, 2003; SOR/2003– 171.23; 172.401; 400 December 3, 2003; SOR/2005–216 July 13, 2005; SOR/2005–279 September 21, 2005; SOR/2008–34 February 172.502; 172.519; 7, 2008 and SOR/2007–179 July 31, 2007. 172.602; 173.31; 173.32; 173.33.

******* United Nations

******* UN Recommendations on the Transport of Dangerous Goods, Model Regulations, sixteenth revised edition, Volumes I 171.8; 171.12; and II (2009). 172.202; 172.401; 172.407; 172.502; 173.1; 173.3; 173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b; 173.304b; 178.75; 178.274; 178.500; 178.700; 178.900. UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, fifth revised edition (2009) 172.102; 173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128; 173.137; 173.185; 173.220; Part 173, appendix H; 178.274.

*******

■ 3. In § 171.8, the definitions for ‘‘Metal 10156–2: (IBR, see § 171.7 of this prepared in accordance with the IMDG hydride storage system’’ and ‘‘Open subchapter) (see also § 173.115(k)). Code or this subchapter. cryogenic receptacle’’ are added and the * * * * * * * * * * definitions for ‘‘Oxidizing gas’’ and ‘‘UN U.N. Recommendations means the Recommendations’’ are revised to read U.N. Recommendations on the PART 172—HAZARDOUS MATERIALS as follows: Transport of Dangerous Goods, Model TABLE, SPECIAL PROVISIONS, Regulations (IBR, see § 171.7 of this HAZARDOUS MATERIALS § 171.8 Definitions and abbreviations. subchapter). COMMUNICATIONS, EMERGENCY * * * * * * * * * * RESPONSE INFORMATION, TRAINING Metal hydride storage system means a REQUIREMENTS, AND SECURITY single complete hydrogen storage § 171.23 [Amended] PLANS system that includes a receptacle, metal ■ 4. In § 171.23, paragraph (b)(9) is ■ hydride, pressure relief device, shut-off removed and reserved. 6. The authority citation for part 172 valve, service equipment and internal ■ 5. In § 171.25, the first sentence in continues to read as follows: components used for the transportation paragraph (b)(1) is revised, paragraph Authority: 49 U.S.C. 5101–5128; 44701; 49 of hydrogen only. (b)(4) is added, and paragraphs (c)(5) CFR 1.53. * * * * * and (d)(3) are removed. ■ 7. In § 172.101, the following Open cryogenic receptacle means a The revision and addition read as amendments are made: transportable thermally insulated follows: ■ a. Paragraph (c)(10)(i) is revised; ■ b. Paragraph (e) is amended by adding receptacle for refrigerated liquefied § 171.25 Additional requirements for the gases maintained at atmospheric use of the IMDG Code. a sentence at the end of the paragraph; pressure by continuous venting of the and * * * * * ■ refrigerated gas. c. The Hazardous Materials Table is (b) * * * amended by removing those entries (1) Unless specified otherwise in this * * * * * under [REMOVE], adding entries under subchapter, a shipment must conform to Oxidizing gas means a gas that may, [ADD], and revising entries under the requirements in part 176 of this generally by providing oxygen, cause or [REVISE] as shown below. contribute to the combustion of other subchapter. * * * The revisions and additions read as material more than air does. * * * * * follows: Specifically, this means a pure gas or (4) Material consigned under UN3166 gas mixture with an oxidizing power and UN3171 (e.g., Engines, internal § 172.101 Purpose and use of hazardous greater than 23.5% as determined by a combustion, etc., Vehicles, etc. and materials table. method specified in ISO 10156: or Battery-powered equipment) may be * * * * *

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(c) * * * (B) The shipping description indicates hazard zone than that specified in the (10) * * * that the proper shipping name applies special provision; or (i) A mixture or solution not only to the pure or technically pure (F) The material can be appropriately identified specifically by name, hazardous material; described by a shipping name that comprised of a single predominant (C) The hazard class, packing group, hazardous material identified in the or subsidiary hazard of the mixture or describes its intended application, such Table by technical name and one or solution is different from that specified as ‘‘Coating solution’’, ‘‘Extracts, more hazardous and/or non-hazardous for the entry; flavoring’’ or ‘‘Compound, cleaning material, must be described using the (D) There is a significant change in liquid.’’ proper shipping name of the hazardous the measures to be taken in * * * * * material and the qualifying word emergencies; (e) * * * Those preceded by the ‘‘ ’’ ‘‘ ’’ (E) The material is identified by mixture or solution , as appropriate, letters ‘‘ID’’ are associated with proper unless— special provision in Column 7 of the (A) Except as provided in § 172.101 Table as a material poisonous shipping names recognized by the ICAO § 172.101(i)(4) the packaging specified by inhalation; however, it no longer Technical Instructions (IBR, see § 171.7 in Column 8 is inappropriate to the meets the definition of poisonous by of this subchapter). physical state of the material; inhalation or it falls within a different * * * * *

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§§ 173.27 and 175.75) kg ...... 100 kg ...... 05 ...... Quantity limitations ( see aircraft/rail Passenger (8)

(§ 173.***) Packaging ABLE T Exceptions Non-bulk Bulk None ...... 227 ...... 244 ...... Forbidden Forbidden A ...... 12, 13, 22, None ...... 227 ...... 244 ...... Forbidden Forbidden A ...... 12, 13, 22, ATERIALS M Special provisions (§ 172.102) AZARDOUS T20, TP4, TP13, TP38, TP45. T20, TP4, TP13, TP38, TP45. § 172.101 H PG Label codes PG Label numbers Identification 3 UN1198 .... III8 ...... UN2209 .... 3, 8 ...... III ...... B1, IB3, T4, TP1 ...... 8 ...... 150 ...... IB3, T4, TP1 ...... 203 ...... 154 ...... 242 ...... 203 ...... 5 L ...... 241 ...... 60 L ...... 5 L A ...... 60 L 40 ...... A ...... 9 UN3166 ...... 9 ...... 9 UN3166 .... 135 ...... 220 9 ...... 220 135 ...... 220 220 ...... Forbi dden 220 ...... No limit 220 ...... li mit ..... A No ...... No limit ..... A ...... 5.1 UN1471 .... II ...... 5.1 ...... A9, IB8, IP2, IP4, N34 152 ...... 212 ...... 240 ...... 5 kg ...... 25 kg ...... A ...... 4, 48, 52, 6.1 NA2742 .... I ...... 6.1, 3, 8 .... 2, B9, B14, B32, B74, 4.1 UN3474 .... I ...... 4.1 ...... 162, N90 ...... None ...... 211 ...... None ...... 0.5 kg ...... 0.5 kg ...... D ...... 28, 36 ******* ******* ******* ******* ******* ******* ******* ******* ******* 1.4S UN0500 .... II ...... 1.4S ...... 63(g) 62 63(f), ...... None ...... 25 or division Hazard class for flammable flammable with not less with not less ping names with more than dry 39% available chlo- rine (8.8% available oxygen) or Lithium hypochlorite mix- tures, dry with more than 39% available chlorine (8.8% avail- able oxygen) . tions, flammable. tions, than 25 percent formaldehyde . triazole, anhydrous, wetted than 20 percent water, by mass . liquid powered . bustion, non-electric, blasting . bustion, gas powered . chloroformate. Hazardous materials de- scriptions and proper ship- Lithium hypochlorite, Formaldehyde, solu- Formaldehyde, solu- 1–Hydroxybenzo- Engines, internal com- Detonator, assemblies, Engines, internal com- [REMOVE]. (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) (10A) (9B) (9A) (8C) (8B) (6) (7) (8A) (5) (4) (1) (2) (3) Symbols D ...... Isobutyl chloroformate 6.1 NA2742 .... I ...... 6.1, 3, 8 .... 2, B9, B14, B32, B74, D ...... sec-Butyl

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§§ 173.27 and 175.75) Quantity limitations ( see aircraft/rail Passenger ...... None ...... Forbidden Forbidden 10 ...... 5E (8) (§ 173.***) Packaging —Continued ABLE Exceptions Non-bulk Bulk T 150 ...... 202 ...... 242 ...... 5 L ...... 60 L ...... B ...... None ...... 158 ...... 243 ...... Forbidden 2.5 L ...... D ...... 44, 66, 89, None ...... 158 ...... 242 ...... Forbidden 30 L ...... D ...... 44, 66, 74, ATERIALS M Special provisions (§ 172.102) TP3, TP29. TP2, TP12, TP13. IP15, T8, TP2. AZARDOUS PG Label codes PG Label § 172.101 H numbers Identification 3 UN1999 .... II ...... 3 ...... 149, B13, IB2, T3, 9 UN3496 ...... 9 ...... 340 ...... A ...... 48 9 UN3166 ...... 9 9 UN3166 ...... 157...... 135, ...... 220 ...... 9 ...... 220 ...... 135, 157 ...... 220 220 ...... Forbidde n 220 ...... No limit 220 ...... A No limit ...... No limit ..... A ...... 8 UN2031 .... I ...... 8, 5.1 ...... A3, B47, B53, T10, 8 UN2031 .... II ...... 8 ...... A6, B2, B47, B53, IB2, 4.3 UN3482 .... I ...... 4.3, 3 ...... A2, A3, A7 ...... None ...... 201 ...... 244 ...... Forbidden 1 L . ******* ******* ******* ******* ******* ******* ******* ******* or division ...... III ...... 3 ...... B1, B13, IB3, T1, TP3 150 ...... 203 ...... 242 ...... 60 L ...... 220 L ...... A ...... Hazard class for nickel- ping names hydride see Bat- teries, dry, sealed, n.o.s. metal hydride bat- teries transported by modes other than vessel . powered. sions, flammable or Alkaline earth metal dispersions, flam- mable. uid powered. road asphalt and oils, bitumen and cut backs . red fuming, with not more than 70 per- cent nitric acid . red fuming, with less than 65 percent ni- tric acid . Hazardous materials de- scriptions and proper ship- Vehicle, flammable gas [ADD]. Alkali metal disper- Vehicle, flammable liq- Trinitro-meta-cresol ..... 1.1D UN0216 .... II ...... 1.1D ...... None ...... 62 .... Tars, liquid including Nitric acid other than Nitric acid other than (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) (10A) (9B) (9A) (8C) (8B) (6) (7) (8A) (5) (4) (1) (2) (3) Symbols W ...... Batteries, nickel-metal

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152 ...... 213 ...... 240 ...... 5 kg ...... 25 kg ...... D ...... 4,48, 52, 152 ...... 212 ...... 240 ...... 5 kg ...... 25 kg ...... D ...... 4, 48, 52, None ...... 201 ...... 243 ...... Forbidden 2.5 L ...... D ...... 40, 52, 125 152 ...... 212 ...... None ...... 5 kg ...... 25 kg ...... D ...... 4, 48, 52, IP13, N34, W9. IP13, W9. TP13. IP2, IP4, IP13, N34, W9. 9 UN3166 ...... 9 ...... 135 ...... 220 ...... 220 ...... 220 ...... Forbi dden No limit ..... A ...... 8 UN3484 .... I ...... 8, 3, 6.1 .... B16, B53, T10, TP2, 9 UN3166 ...... 9 ...... 135 ...... 220 ...... 3 220 UN1198 ...... 220 III8 ...... li mit ...... UN2209 ..... No .... 3, 8 No limit ...... III ...... B1, IB3, T4, TP1 ...... A 8 ...... 4b, 150 ..... IB3, T4, TP1 ...... 203 ...... 154 ...... 242 ...... 203 ...... 5 L ...... 241 60 L ...... 5 L A ...... 60 L 40 ...... A ...... 5.1 UN3485 .... II ...... 5.1, 8 ...... 165, 166, A7, A9, IB8, 5.1 UN3486 .... III ...... 5.1, 8 ...... 165, A1, A29, IB8, IP3, 5.1 UN3487 .... II ...... 5.1, 8 ...... 165, IB8, IP2, IP4, ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* 1.4S UN0500 .... II ...... 1.4S ...... 347 ...... 63(f), 63(g) 62 ...... None ...... 25 kg ...... 100 kg ...... 05 ...... III ...... 5.1, 8 ...... 165, IB8, IP4, W9 ...... 152 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... D ...... 4, 48, 52, Cal- for Engines, Engines, or or with not less with more than with more than Calcium hypo- bustion, non-electric, blasting . fuel cell, flammable gas powered . bustion, mixture, dry, corro- sive 10% but not more than 39% available chlorine . hydrated, corrosive or chlorite, hydrated mixture, corrosive with not less than 5.5% but not more than 16% water . fuel cell, flammable liquid powered . tions, flammable. lution, flammable with more than 37% hydrazine, by mass . tions, than 25 percent formaldehyde . dry, corrosive or cium hypochlorite mixtures, dry, corro- sive 39% available chlo- rine (8.8% available oxygen) . Engines, internal com- Consumer commodityDetonator assemblies, 9 ID8000 ...... 9 ...... 167 ...... 167 ...... None ...... 30 kg gross 30 kg gross ...... Engines internal com- Calcium hypochlorite Calcium hypochlorite, Formaldehyde solu- Hydrazine aqueous so- Formaldehyde solu- Calcium hypochlorite,

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§§ 173.27 and 175.75) Quantity limitations ( see aircraft/rail Passenger (8) (§ 173.***) Packaging —Continued ABLE Exceptions Non-bulk Bulk T 150 ...... 202 ...... 242 ...... 5 L ...... 60 L ...... B ...... None ...... 158 ...... 243 ...... Forbidden 2.5 L ...... D ...... 44, 66, 89, None ...... 158 ...... 242 ...... Forbidden 30 L ...... D ...... 44, 66, 74, 152 ...... 212 ...... 240 ...... 152 5 kg ...... 213 25 kg ...... 240 A ...... 25 kg 4, 48, 52, ...... 100 kg ...... A ...... 4, 48, 52, ATERIALS M Special provisions (§ 172.102) TP3, TP29. TP2, TP12, TP13. IP15, T8, TP2. T3, TP33. TP33. AZARDOUS PG Label codes PG Label § 172.101 H numbers Identification 8 UN2031 .... I ...... 8, 5.1 ...... A3, B47, B53, T10, 8 UN2031 .... II ...... 8 ...... A6, B2, B47, B53, IB2, 3 UN3494 .... I ...... 3, 6.1 ...... 343, T14, TP2, TP13 .. None ...... 201 ...... 243 ...... Forbidden 30 L ...... D ...... 40 3 UN1999 .... II ...... 3 ...... 149, B13, IB2, T3, 8 UN3495 .... III ...... 8, 6.1 ...... IB8, IP3, T1, TP33 ...... 154 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... B ...... 40, 55 6.1 UN3483 .... I ...... 6.1, 3 ...... 14, T14, TP2, TP13 .... None ...... 201 ...... 244 ...... Forbidden Forbidden D ...... 25, 40 4.1 UN3474 .... I ...... 4.1 ...... N90 ...... None ...... 211 ...... None5.1 ...... kg... UN1471 0.5 .... II ...... 5.1 ...... A9, IB8, IP2, IP4, N34, ******* ******* ******* ******* ******* ******* ******* ******* ******* or division ...... II ...... III 3, 6.1 ...... 3, 6.1 343, IB2, T7, TP2 ...... 343, IB3, T4, TP1 150 ...... 150 202 ...... 203 243 ...... 242 1 L ...... 60 L 60 L ...... 220 L D ...... C 40 ...... 40 ...... III ...... 3 ...... B1, B13, IB3, T1, TP3 150 ...... 203 ...... 242 ...... 60 L ...... 220 L ...... A ...... III ...... 5.1 ...... IB8, IP3, N34, T1, Hazard class ping names oil, flammable, toxic. road oils and cut- back bitumens . red fuming, with more than 70 per- cent nitric acid . mixture, flammable. red fuming, with more than 20 per- cent and less than 65 percent nitric acid . triazole, monohydrate. dry or Lithium hypo- chlorite mixture. Hazardous materials de- scriptions and proper ship- Tars, liquid including Nitric acid other than Nitric acid other than 1–Hydroxybenzo- Lithium hypochlorite, (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) (10A) (9B) (9A) (8C) (8B) (6) (7) (8A) (5) (4) (1) (2) (3) Symbols I ...... Petroleum sour crude + ...... Motor fuel anti-knock + ...... Iodine ......

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

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dden No limit ..... A ...... mit ..... No limit ..... A ...... §§ 173.27 and 175.75) Quantity limitations ( see aircraft/rail Passenger (8)

(§ 173.***) Packaging ABLE T Exceptions Non-bulk Bulk 153 ...... 202 ...... 243 ...... 5 L ...... 60 L ...... B ...... 40, 137 4b ...... 201 ...... 4b, 150 ..... 243 ...... 202 ...... 4b, 150 1 L ...... 242 ...... 203 30 L ...... 5 L ...... 242 E ...... 60 L ...... 60 L ...... B ...... 220 L ...... A ...... ATERIALS M Special provisions (§ 172.102) AZARDOUS TP27. TP27. TP8, TP28. TP29. § 172.101 H PG Label codes PG Label numbers Identification 9 UN3166 ...... 9 ...... 1359 UN3166 ...... 220 ...... 9 220 ...... 135 220 ...... 220 Forbi ...... 220 ...... 220 ...... li No 6.1 UN1556 .... I ...... 6.1 ...... T14, TP2, TP13, TP27 None ...... 201 ...... 243 ...... 1 L ...... 30 L ...... B ...... 40, 137 6.1 UN1549 .... III ...... 6.1 ...... 35, IB8, IP3, T1, TP33 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... 6.1 UN3141 .... III ...... 6.1 ...... 35, IB3, T7, TP1, TP28 153 ...... 203 ...... 2412.2 ...... UN1951 .... 60 L ...... 220 L 2.2 ...... A T75, TP5 ...... 320 ...... 316 ...... 318 ...... 50 kg ...... 500 kg ...... D ...... ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* or division ...... III ...... 6.1 ...... IB3, T7, TP2, TP28 ..... 153 ...... 203 ...... 241 ...... 60 L ...... 220 L ...... B ...... 40, 137 ...... II ...... 6.1 ...... IB2, T11, TP2, TP13, ...... II...... 3 ...... III ...... 172, IB2, T7, TP1, 3 ...... 172, B1, IB3, T4, TP1, Hazard class Vehi- Vehicle, or ping names (cryogenic liquid) . powered liquid, n.o.s. inor- ganic, including arsenates, n.o.s.; arsenites, n.o.s.; ar- senic sulfides, n.o.s.; and organic com- pounds of arsenic, n.o.s . inorganic, liquid, n.o.s. inorganic, solid, n.o.s. uid uid powered or cle, fuel cell, flam- mable liquid pow- ered. fuel cell, flammable gas powered. Hazardous materials de- scriptions and proper ship- Trinitro-m-cresol ...... Vehicle, flammable gas 1.1D UN0216 .... II ...... 1.1D ...... None ...... 62 ...... None ...... Forbidden Forbidden 10 ...... 5E Argon, refrigerated liq- [REVISE]. Alcohols, n.o.s...... 3 UN1987 .... I ...... 3 ...... 172, T11, TP1, TP8, Vehicle, flammable liq- (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) (10A) (9B) (9A) (8C) (8B) (6) (7) (8A) (5) (4) (1) (2) (3) Symbols G ...... Arsenic compounds, G ...... Antimony compounds, G ...... Antimony compounds,

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kg ...... 200 kg ...... C ...... 40 153 ...... 212 ...... 242 ...... 25 kg ...... 100 kg ...... A ...... 152 ...... 212 ...... 242 ...... None 5 kg ...... 226 25 kg ...... 244 A ...... Forbidden 56, 58 Forbidden D ...... 40 153 ...... 212 ...... 242 ...... 25 kg ...... 100 kg ...... A ...... 153 ...... 212 ...... 242 ...... 25 kg ...... 100 kg ...... A ...... 153 ...... 212 ...... 242 ...... 25 kg ...... 100 kg ...... A ...... 137 None ...... 201 ...... 243 ...... Forbidden Forbidden D ...... 40, 78, 115 TP33. TP33. T20, TP2, TP13, TP38, TP44. TP33. TP33. TP33. TP13. 9 UN1845 ...... None ...... 217 ...... 217 ...... 240 ...... 200 3 UN1131 .... I ...... 3, 6.1 ...... B16, T14, TP2, TP7, 5.1 UN3213 .... II ...... 5.1 ...... 350, IB2, T4, TP1 ...... 152 ...... 202 ...... 242 ...... 1 L ...... 5 L ...... B6.1 ...... UN2570 56, 58, 133 .... I ...... 6.1 ...... IB7, IP1, T6, TP33 ...... None ...... 211 ...... 242 ...... 5 kg ...... 50 kg ...... A ...... 6.1 UN1564 .... II ...... 6.1 ...... IB8, IP2, IP4, T3, 2.2 UN2187 ...... 2.2 ...... T75, TP5 ...... 306 ...... 304 ...... 314, 315 ... 50 kg ...... 500 kg ...... D ...... 5.1 UN1450 .... II ...... 5.1 ...... 350, IB8, IP2, IP4, T3, 6.1 UN1566 .... II ...... 6.1 ...... IB8, IP2, IP4, T3, 6.1 UN1557 .... I ...... 6.1 ...... IB7, IP1, T6, TP33 ...... None ...... 211 ...... 242 ...... 5 kg ...... 50 kg ...... A ...... 137 ******* ******* ******* ******* ******* ******* ******* ******* ******* 1.4S UN0323 .... II ...... 1.4S ...... 110, 347 ...... 63 ...... 62 ...... 621.4S UN0460 ...... 25 kg II ...... 100kg ...... 1.4S ...... 05 ...... 347 ...... None ...... 62 ...... None ...... kg...... 25 100 kg ...... 05 ...... ORM–D None ...... None ...... 347 ...... 63 ...... None ...... None ...... 30 kg gross 30 kg gross A ...... III ...... 6.1 ...... IB8, IP3, T1, TP33 ...... 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... III ...... 5.1 ...... 350, IB2, T4, TP1 ...... 152 ...... 203 ...... 241 ...... 2.5 L ...... 30 L ...... B II ...... 56, 58, 133 6.1 ...... IB8, IP2, IP4, T3, ...... III ...... 6.1 ...... IB8, IP3, T1, TP33 ...... 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... III ...... 6.1 ...... IB8, IP3, T1, TP33 ...... 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... III ...... 6.1 ...... IB8, IP3, T1, TP33 ...... 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... 137 ...... II ...... 6.1 ...... IB8, IP2, IP4, T3, (used to project Dry ice. erated liquid. or aqueous solution, n.o.s. n.o.s. n.o.s. n.o.s. solid, n.o.s. inor- ganic, including arsenates, n.o.s.; arsenites, n.o.s.; ar- senic sulfides, n.o.s.; and organic com- pounds of arsenic, n.o.s . vice fastening devices). . vice. plastics bonded. Carbon dioxide, refrig- tert-Butyl isocyanate ... 6.1 UN2484 .... I ...... 6.1, 3 ...... 1, B9, B14, B30, B72, Carbon disulfide ...... Cartridges, power de- Charges, bursting, A W ...... Carbon dioxide, solid G ...... Bromates, inorganic, G ...... Bromates, inorganic, G ...... Cadmium compounds G ...... Beryllium compounds, G ...... Barium compounds, G ...... Arsenic compounds, D ...... Cartridges power de-

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§§ 173.27 and 175.75) Quantity limitations ( see aircraft/rail Passenger (8) (§ 173.***) Packaging —Continued ABLE Exceptions Non-bulk Bulk T None ...... 227 ...... 244 ...... Forbidden Forbidden D ...... 40 None ...... 227 ...... 244 ...... Forbidden Forbidden A ...... 12, 40, 52 152 ...... 212 ...... 242 ...... 152 5 kg ...... 212 25 kg ...... 242 A ...... 5 kg 56, 58 ...... 25 kg ...... A ...... 56, 58 None ...... 206 ...... 243None ...... 1 L 206 ...... 30 L 243 ...... C 1 L ...... 40, 125 30 L ...... C ...... 40 None ...... 206 ...... 243None ...... Forbidden 206 ...... 242 30 L ...... C Forbidden ...... 40 30 L ...... C ...... 40 ATERIALS M Special provisions (§ 172.102) B46, T22, TP2, TP13, TP38, TP45. T20, TP2, TP13, TP38, TP45. T3, TP33. T3, TP33. TP27. TP27. TP27. TP13, TP27. AZARDOUS PG Label codes PG Label § 172.101 H numbers Identification 8 UN2987 .... II ...... 8 ...... B2, T14, TP2, TP7, 8 UN2986 .... II ...... 8, 3 ...... T14, TP2, TP7, TP13, 5.1 UN3210 .... II ...... 5.1 ...... 351, IB2, T4, TP1 ...... 152 ...... 202 ...... 242 ...... 1 L ...... 5 L ...... B ...... 56, 58, 133 6.1 UN3362 .... II ...... 6.1, 3, 8 .... T14, TP2, TP7, TP13, 6.1 UN1583 .... I ...... 6.1 ...... 5 ...... None ...... 201 ...... 243 ...... Forbi dden Forbidden C ...... 40 5.1 UN1461 .... II ...... 5.1 ...... 5.1 UN1462 351, A9, IB6, IP2, N34, .... II ...... 5.1 ...... 352, A7, IB6, IP2, N34, 6.1 UN3361 .... II ...... 6.1, 8 ...... T14, TP2, TP7, TP13, ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* 1.4S UN0445 .... II ...... 1.4S ...... 347 ...... 1.4S UN0441 None ...... II 62 ...... 1.4S None ...... kg.. 347...... 25 ...... 100 kg None ...... 05 62 ...... None ...... kg...... 25 100 kg ...... 05 ...... or division ...... II ...... III 6.1 ...... 6.1 IB2 ...... IB3 153 ...... 153 202 ...... 203 243 ...... 241 Forbidden ...... Forbidden Forbidden Forbidden C ...... C 40 ...... 40 ...... III ...... 5.1 ...... 351, IB2, T4, TP1 ...... 152 ...... 203 ...... 241 ...... 2.5 L ...... 30 L ...... B ...... 56, 58, 133 Hazard class without ping names n.o.s. sive, flammable, n.o.s. aqueous solution, n.o.s. n.o.s. n.o.s. commercial detonator . out detonator . corrosive, n.o.s. sive, n.o.s. corrosive, flam- mable, n.o.s. Hazardous materials de- scriptions and proper ship- Chlorosilanes, corro- Charges, explosive, Charges, shaped, with- Chlorosilanes, corro- (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) (10A) (9B) (9A) (8C) (8B) (6) (7) (8A) (5) (4) (1) (2) (3) Symbols G ...... Chloropicrin mixtures, + ...... Chloropicrin ...... 6.1 UN1580 .... I ...... 6.1 ...... 2, B7, B9, B14, B32, G ...... Chlorates, inorganic, G ...... Chlorates, inorganic, G ...... Chlorites, inorganic, + ...... Chloroacetonitrile ...... 6.1 UN2668 .... I ...... 6.1, 3 ...... 2, B9, B14, B32, IB9, G ...... Compressed gas, n.o.s 2.2 UN1956 ...... 2.2 ...... 306, 307 ... 302, 305 ... 314, 315 ... 75 kg ...... 150 kg ...... A ...... G ...... Chlorosilanes, toxic, G ...... Chlorosilanes, toxic,

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

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§§ 173.27 and 175.75) Quantity limitations ( see aircraft/rail Passenger (8) (§ 173.***) Packaging —Continued ABLE Exceptions Non-bulk Bulk T None ...... 226 ...... 244 ...... Forbidden Forbidden D ...... 40 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... None ...... 226 ...... 244 ...... Forbidden Forbidden D ...... 40 152 ...... 212 ...... 240 ...... 5 kg ...... 25 kg ...... D ...... 4, 48, 52, ATERIALS M Special provisions (§ 172.102) TP2, TP13, TP27. TP33. TP2, TP13, TP38, TP44. T3, TP33. AZARDOUS PG Label codes PG Label § 172.101 H numbers Identification 3 UN1219 .... II ...... 3 ...... IB2, T4, TP1 ...... 4b, 150 ..... 202 ...... 242 ...... 5 L ...... 60 L ...... B ...... 2.2 UN1963 ...... 2.2 ...... T75, TP5 ...... 320 ...... 316 ...... 318 ...... 50 kg ...... 500 kg ...... D ...... 2.3 UN1040 ...... 2.3, 2.1 ..... 4, 342, T50, TP20 ...... None ...... 323 ...... 323 ...... Forbidden Forbidd 6.1 UN2291 .... III ...... 6.1 ...... 138, IB8, IP3, T1, 2.2 UN1970 ...... 2.2 ...... T75, TP5 ...... 320 ...... None ...... None ...... 50 kg ...... 500 kg ...... D ...... 2.1 UN3468 ...... 2.1 ...... 167 ...... None ...... 311 ...... None ...... Forbid den 100 kg 5.1 UN3212 .... II ...... 5.1 ...... 349, A9, IB8, IP2, IP4, ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* or division Hazard class Iso- or up to a total Hydrogen in (cryogenic liq- (cryogenic liq- or ping names Hydrogen in a Ethylene oxide with nitrogen pressure of 1 MPa (10 bar) at 50 de- grees C . liquid uid) . hydride storage sys- tem soluble, n.o.s. liquid uid) . propyl alcohol. ganic, n.o.s. a metal hydride stor- age system con- tained in equipment or metal hydride stor- age system packed with equipment. Hazardous materials de- scriptions and proper ship- Isopropanol Ethylene oxide or Helium, refrigerated Hydrogen in a metal Krypton, refrigerated (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) (10A) (9B) (9A) (8C) (8B) (6) (7) (8A) (5) (4) (1) (2) (3) Symbols G ...... Fluorosilicates, n.o.s ... 6.1 UN2856 .... III ...... 6.1 ...... IB8, IP3, T1, TP33 ...... 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... 52 + ...... Isobutyl isocyanate ..... 6.1 UN2486 .... I ...... 6.1, 3 ...... 1, B9, B14, B30, T20, G ...... Lead compounds, + ...... Isopropyl isocyanate ... 6.1 UN2483 .... I ...... 6.1, 3 ...... 1, B9, B14, B30, T20, G ...... Hypochlorites, inor-

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

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§§ 173.27 and 175.75) Quantity limitations ( see aircraft/rail Passenger (8) (§ 173.***) Packaging —Continued ABLE Exceptions Non-bulk Bulk T None ...... 181 ...... 244None ...... Forbidden 181 ...... 244 Forbidden ...... Forbidden D ...... 78 Forbidden D ...... 78 153 ...... 212 ...... 242 ...... 25 kg ...... 100 kg ...... A ...... 152 ...... 212 ...... None ...... 5 kg ...... 25 kg ...... A ...... 46, 56, 58, None ...... 201 ...... 244 ...... Forbidden 30 L ...... D ...... 25, 40 ATERIALS M Special provisions (§ 172.102) TP36. TP36. TP33. TP33. TP13. AZARDOUS PG Label codes PG Label § 172.101 H numbers Identification 4.2 UN3394 .... I ...... 4.2, 4.3 ..... B11, T21, TP2, TP7, 2.2 UN1977 ...... 2.2 ...... 345, 346, T75, TP5 .....2.2 320 UN2201 ...... 316 ...... 2.2, 5.1 318 ...... B6, T75, TP5, TP22 .... 50 kg ...... None ...... 500 kg ...... 304 ...... D ...... 314, 315 ... Forbidden Forbidden D .. 5.1 UN3219 .... II ...... 5.1 ...... IB1, T4, TP1 ...... 152 ...... 202 ...... 242 ...... 1 L ...... 5 L ...... B ...... 46, 56, 58, 6.1 UN1649 .... I ...... 6.1 ...... 14, B9, B90, T14, TP2, 4.2 UN3392 .... I ...... 4.2 ...... B11, T21, TP2, TP7, 4.3 UN3398 .... I ...... 4.3 ...... T13, TP2, TP7, TP36 None ...... 201 ...... 244 ...... Forbidden 1 L ...... E ...... 40, 52 6.1 UN3144 .... I ...... 6.1 ...... A4 ...... None ...... 6.1 UN1655 201 ...... I 243 ...... L...... 6.1 1 ...... 30 L ...... IB7, IP1, T6, TP33 ...... B ...... None ...... 40 211 ...... 242 ...... 5 kg ...... 50 kg ...... B ...... 5.1 UN2627 .... II ...... 5.1 ...... 33, IB8, IP2, IP4, T3, 2.2 UN1913 ...... 2.2 ...... T75, TP5 ...... 320 ...... 316 ...... None ...... 50 kg ...... 500 kg ...... D ...... ******* ******* ******* ******* ******* ******* ******* ******* or division ...... III ...... 5.1 ...... IB2, T4, TP1 ...... 152 ...... 203 ...... 241 ...... 2.5 L ...... 30 L ...... B ...... 46, 56, 58, ...... II ...... III 6.1 ...... 6.1 IB2, T11, TP2, TP27 ...... IB3, T7, TP1, TP28 153 ...... 153 ...... 202 ...... II...... 203 ...... 243 ...... 6.1 241 ...... III 5 L ...... IB8, IP2, IP4, T3, 60 L 6.1 60 L ...... 220 L IB8, IP3, T1, TP33 B ...... B 153 40 ...... 40 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... Hazard class Nico- Nico- cryogenic liq- ping names (cryogenic liquid) . stance, liquid, pyrophoric. stance, liquid, pyrophoric, water-re- active. stance, liquid, water- reactive. liquid uid . erated liquid. liquid, n.o.s. or tine preparations, liq- uid, n.o.s. aqueous solution, n.o.s. n.o.s. solid, n.o.s. or tine preparations, solid, n.o.s. uid mixtures. Hazardous materials de- scriptions and proper ship- Nitrogen, refrigerated Nitrous oxide, refrig- Nickel carbonyl ...... 6.1 UN1259 .... I ...... 6.1, 3 ...... 1 ...... None ...... 198 ...... None ...... Forbidden Forbidden D ...... 40, 78 Neon, refrigerated liq- (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) (10A) (9B) (9A) (8C) (8B) (6) (7) (8A) (5) (4) (1) (2) (3) Symbols G ...... Organometallic sub- G ...... Organometallic sub- G ...... Organometallic sub- G ...... Nicotine compounds, G ...... Nitrites, inorganic, G ...... Nitrites, inorganic, G ...... Nicotine compounds, + ...... Motor fuel anti-knock

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

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§§ 173.27 and 175.75) Quantity limitations ( see aircraft/rail Passenger (8) (§ 173.***) Packaging —Continued ABLE Exceptions Non-bulk Bulk T None ...... 202 ...... 242 ...... Forbidden 30 L ...... C ...... 40 153 ...... 212 ...... 242 ...... 25 kg ...... 100 kg ...... B ...... None ...... 227 ...... 244 ...... Forbidden153 ...... Forbidden 212 ...... D ...... 242 ...... 40, 52 25 kg ...... None ...... 100 kg ...... 227 ...... A ...... 244 ...... Forbidden Forbidden D ...... 152 40 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... ANone ...... 226 ...... 244 ...... Forbidden Forbidden D ...... 40 ATERIALS M Special provisions (§ 172.102) TP2, TP7, TP13. TP33. T20, TP2, TP13, TP38, TP45. TP33. N34, T20, TP2, TP13, TP38, TP45. TP33, W1. TP2, TP13, TP38, TP44. AZARDOUS PG Label codes PG Label § 172.101 H numbers Identification 8 UN1818 .... II ...... 8 ...... A3, A6, B2, B6, T10, 3 UN3269 ...... 3 ...... 40, 149 ...... 165 ...... 165 ...... None ...... 5 kg ...... 5 kg ...... B ...... 6.1 UN3440 .... I ...... 6.1 ...... T14, TP2, TP27 ...... None ...... 201 ...... 243 ...... 1 L ...... 30 L ...... B ...... 6.1 UN2026 .... I ...... 6.1 ...... IB7, IP1, T6, TP33 ...... None ...... 211 ...... 242 ...... 5 kg ...... 50 kg ...... A ...... 6.1 UN3283 .... I ...... 6.1 ...... IB7, IP1, T6, TP33 ...... None ...... 211 ...... 242 ...... 5 kg ...... 50 kg ...... B ...... 6.1 UN1810 .... I ...... 6.1, 8 ...... 2, B9, B14, B32, B77, 4.2 UN3194 .... I ...... 4.2 UN2845 4.2 ...... I ...... None 4.2 ...... 181 B11, T22, TP2, TP7 ...... 244 None ...... 181 For bidden ...... 244 Forbidden ...... Forbidden D ...... Forbidden 78 ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* or division ...... II ...... III 6.1 ...... 6.1 IB2, T11, TP2, TP27 ...... IB3, T7, TP1, TP28 153 ...... 153 202 ...... 203 243 ...... 241 5 L ...... 60 L 60 L ...... 220 L B ...... A ...... II...... 6.1 ...... III ...... IB8, IP2, IP4, T3, 6.1 ...... IB8, IP3, T1, TP33 ...... 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... III ...... 6.1 ...... IB8, IP3, T1, TP33 ...... 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... II ...... 6.1 ...... IB8, IP2, IP4, T3, Hazard class Selenites 6.1 UN2630 .... I ...... 6.1 ...... IB7, IP1, T6, TP33 ...... None ...... 211 ...... 242 ...... 5 kg ...... 50 kg ...... E ...... or ping names liquid, n.o.s. solid, n.o.s. oxychloride. ganic, n.o.s. ganic, n.o.s. pounds, n.o.s. Hazardous materials de- scriptions and proper ship- Silicon tetrachloride .... Phenyl mercaptan ...... 6.1 UN2337 .... I ...... 6.1, 3 ...... 2, B9, B14, B32, B77, Polyester resin kit ...... Potassium nitrate ...... Powder, smokeless ..... 5.1 UN1486 .... III ...... n-Propyl isocyanate .... 1.4C 5.1 ...... UN0509 .... A1, A29, IB8, IP3, T1, ...... 1.4C ...... 6.1 ...... UN2482 .... None ...... I ...... 62 ...... 6.1, 3 ...... None ...... 1, B9, B14, B30, T20, Forbidden 75 kg ...... 06 ...... (1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B) (10A) (9B) (9A) (8C) (8B) (6) (7) (8A) (5) (4) (1) (2) (3) Symbols G ...... Selenium compound, G ...... Selenium compound, + ...... Phosphorous G ...... Pyrophoric liquid, inor- G ...... Selenates G ...... Pyrophoric liquids, or- G ...... Phenylmercuric com-

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None ...... 227 ...... 244 ...... ForbiddenNone ...... Forbidden 227 ...... D ...... 244 ...... 40, 52 Forbidden Forbidden D153 ...... 40 212 ...... 242 ...... 25 kg ...... 100 kg ...... B ...... None ...... 227 ...... None ...... Forbidden Forbidden D ...... 40, 66 152 ...... 213 ...... 152 ...... 240 ...... 213 ...... 25 kg ...... 240 ...... 100 kg ...... 25 kg ...... ANone ...... 100 kg ...... 226 ...... A ...... 244 ...... Forbidden Forbidden D ...... 153 40 ...... 212 ...... 242 ...... 25 kg ...... 100 kg ...... B ...... N34, T20, TP2, TP13, TP38, TP45. B77, T20, TP2, TP13, TP38, TP45. TP33. TP13, TP38, TP44. TP33, W1. TP33, W1. B30, B77, N34, T22, TP2, TP13, TP38, TP44. TP33. 5.1 UN1499 .... III ...... 5.1 ...... A1, A29, IB8, IP3, T1, 2.2 UN2591 ...... 2.2 ...... T75, TP5 ...... 320 ...... None ...... None ...... 50 kg ...... 500 kg ...... D ...... 6.1 UN3285 .... I ...... 6.1 ...... IB7, IP1, T6, TP33 ...... None ...... 211 ...... 242 ...... 5 kg ...... 50 kg ...... B ...... 6.1 UN3284 .... I ...... 6.1 ...... IB7, IP1, T6, TP33 ...... None ...... 211 ...... 242 ...... 5 kg ...... 50 kg ...... B ...... ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ...... II...... 6.1 ...... III ...... IB8, IP2, IP4, T3, 6.1 ...... IB8, IP3, T1, TP33 ...... 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... II...... 6.1 ...... III ...... IB8, IP2, IP4, T3, 6.1 ...... IB8, IP3, T1, TP33 ...... 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A ...... (cryogenic liq- uid uids) . n.o.s. tassium nitrate mix- tures. solid, n.o.s. Xenon, refrigerated liq- Zinc ammonium nitrite 5.1 UN1512 .... II ...... 5.1 ...... IB8, IP4, T3, TP33 ...... None ...... 212 ...... 242 ...... 5 kg ...... 25 kg ...... E ...... Sodium nitrate ...... Sodium nitrate and po- 5.1 UN1498 .... III ...... 5.1 ...... A1, A29, IB8, IP3, T1, + ...... Titanium tetrachlorideG ...... 6.1 Vanadium compound, UN1838 .... I ...... 6.1, 8 ...... 2, B7, B9, B14, B32, + ...... Thiophosgene ...... 6.1 UN2474 .... I ...... 6.1 ...... 2, B9, B14, B32, N33, + ...... Tetranitromethane ...... 6.1 UN1510 .... I ...... 6.1, 5.1 ..... 2, B32, T20, TP2, + ...... Sulfuryl chloride ...... 6.1 G UN1834 ...... Tellurium compound, I ...... 6.1, 8 ...... 1, B6, B9, B10, B14,

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* * * * * 23.5 percent oxygen must be shipped containing batteries must be prepared ■ 8. In § 172.102, the following using the description ‘‘Compressed gas, and packaged for transport in a manner amendments are made: oxidizing, n.o.s., UN3156.’’ to prevent: ■ a. In paragraph (c)(1), special * * * * * (1) A dangerous evolution of heat; provisions 77 and 157 are removed; 110 Fire extinguishers transported (2) Short circuits, including but not special provisions 15, 40, 78, 110, 130, under UN1044 and oxygen cylinders limited to the following methods: 134, 135, 149, 167 and 198 are revised; transported for emergency use under (i) Packaging each battery or each and special provisions 340, 342, 343, UN1072 may include installed actuating battery-powered device when 345, 346, 347, 349, 350, 351, 352, 353, cartridges (cartridges, power device of practicable, in fully enclosed inner and 357 are added; Division 1.4C or 1.4S), without changing packagings made of non-conductive ■ b. In paragraph (c)(2), special the classification of Division 2.2, material; provision A59 is removed and special provided the aggregate quantity of (ii) Separating or packaging batteries provision A112 is added; in a manner to prevent contact with ■ deflagrating (propellant) explosives does c. In paragraph (c)(4), Table 1—IB not exceed 3.2 grams per cylinder. other batteries, devices or conductive Codes (IBC Codes) is revised; Oxygen cylinders with installed materials (e.g., metal) in the packagings; ■ d. Paragraph (c)(7)(ii) is revised and actuating cartridges as prepared for or entries for ‘‘T9’’ and ‘‘T21’’ in the ‘‘Table (iii) Ensuring exposed terminals or transportation must have an effective of Portable Tank T Codes T1–T22’’ are connectors are protected with non- means of preventing inadvertent revised; conductive caps, non-conductive tape, activation. ■ d. In paragraph (c)(8), special or by other appropriate means; and provision TP36 is added; and * * * * * (3) Damage to terminals. If not impact ■ e. In paragraph (c)(9), special 130 ‘‘Batteries, dry, sealed, n.o.s.,’’ resistant, the outer packaging should not provision W1 is added. commonly referred to as dry batteries, be used as the sole means of protecting The revisions and additions read as are hermetically sealed and generally the battery terminals from damage or follows: utilize metals (other than lead) and/or short circuiting. Batteries must be carbon as electrodes. These batteries are § 172.102 Special provisions. securely cushioned and packed to typically used for portable power prevent shifting which could loosen * * * * * applications. The rechargeable (and terminal caps or reorient the terminals (c) * * * some non-rechargeable) types have to produce short circuits. Batteries (1) * * * gelled alkaline electrolytes (rather than contained in devices must be securely Code/Special Provisions acidic) making it difficult for them to installed. Terminal protection methods generate hydrogen or oxygen when * * * * * include but are not limited to the overcharged and therefore, following: 15 This entry applies to ‘‘Chemical differentiating them from non-spillable kits’’ and ‘‘First aid kits’’ containing one (i) Securely attaching covers of batteries. Dry batteries specifically sufficient strength to protect the or more compatible items of hazardous covered by another entry in the materials in boxes, cases, etc. that, for terminals; § 172.101 Table must be transported in (ii) Packaging the battery in a rigid example, are used for medical, accordance with the requirements analytical, diagnostic, testing, or repair plastic packaging; or applicable to that entry. For example, (iii) Constructing the battery with purposes. Kits that are carried on board nickel-metal hydride batteries terminals that are recessed or otherwise transport vehicles for first aid or transported by vessel in certain protected so that the terminals will not operating purposes are not subject to the quantities are covered by another entry be subjected to damage if the package is requirements of this subchapter. (see Batteries, nickel-metal hydride, dropped. * * * * * UN3496). Dry batteries not specifically (c) Additional air transport 40 Polyester resin kits consist of two covered by another entry in the requirements. For a battery whose components: A base material (Class 3, § 172.101 Table are covered by this voltage (electrical potential) exceeds 9 Packing Group II or III) and an activator entry (i.e., Batteries, dry, sealed, n.o.s.) volts— (organic peroxide), each separately and are not subject to requirements of (1) When contained in a device, the packed in an inner packaging. The this subchapter except for the following: device must be packaged in a manner organic peroxide must be type D, E, or (a) Incident reporting. For that prevents unintentional activation or F, not requiring temperature control. transportation by aircraft, a telephone must have an independent means of The components may be placed in the report in accordance with § 171.15(a) is preventing unintentional activation same outer packaging provided they required if a fire, violent rupture, (e.g., packaging restricts access to will not interact dangerously in the explosion or dangerous evolution of activation switch, switch caps or locks, event of leakage. The Packing Group heat (i.e., an amount of heat sufficient to recessed switches, trigger locks, assigned will be II or III, according to be dangerous to packaging or personal temperature sensitive circuit breakers, the classification criteria for Class 3, safety to include charring of packaging, etc.); and applied to the base material. melting of packaging, scorching of (2) An indication of compliance with Additionally, unless otherwise excepted packaging, or other evidence) occurs as this special provision must be provided in this subchapter, polyester resin kits a direct result of a dry battery. For all by marking each package with the must be packaged in specification modes of transportation, a written report words ‘‘not restricted’’ or by including combination packagings based on the submitted, retained, and updated in the words ‘‘not restricted’’ on a transport performance level of the base material accordance with § 171.16 is required if document such as an air waybill contained within the kit. a fire, violent rupture, explosion or accompanying the shipment. * * * * * dangerous evolution of heat occurs as a (d) Used or spent battery exception. 78 This entry may not be used to direct result of a dry battery or battery- Used or spent dry batteries of both non- describe compressed air which contains powered device. rechargeable and rechargeable designs, more than 23.5 percent oxygen. (b) Preparation for transport. Batteries with a marked rating up to 9-volt that Compressed air containing greater than and battery-powered device(s) are combined in the same package and

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transported by highway or rail for 149 Except for transportation by part, the manifest requirements of recycling, reconditioning, or disposal aircraft, when transported as a limited § 176.30 of this subchapter, and the are not subject to this special provision quantity or a consumer commodity, the vessel stowage requirements assigned to or any other requirement of the HMR. maximum net capacity specified in this entry in Column (10) of the Note that batteries utilizing different § 173.150(b)(2) of this subchapter for § 172.101 Hazardous Materials Table. chemistries (i.e., those battery inner packagings may be increased to 5 * * * * * chemistries specifically covered by L (1.3 gallons). 342 Glass inner packagings (such as another entry in the § 172.101 Table) as * * * * * ampoules or capsules) intended only for well as dry batteries with a marked 167 These storage systems must use in sterilization devices, when rating greater than 9-volt may not be always be considered as containing containing less than 30 mL of ethylene combined with used or spent batteries hydrogen. A metal hydride storage oxide per inner packaging with not in the same package. Note also that this system installed in or intended to be more than 300 mL per outer packaging, exception does not apply to batteries installed in a vehicle or equipment or in may be transported in accordance with that have been reconditioned for reuse. vehicle or equipment components must § 173.4a of this subchapter, irrespective * * * * * be approved for transport by the of the restriction of § 173.4a(b) provided Associate Administrator. A copy of the 134 This entry only applies to that: approval must accompany each a. After filling, each glass inner vehicles, machinery and equipment shipment. powered by wet batteries, sodium packaging must be determined to be batteries, or lithium batteries that are * * * * * leak-tight by placing the glass inner 198 Nitrocellulose solutions transported with these batteries packaging in a hot water bath at a containing not more than 20% installed. Examples of such items are temperature and for a period of time nitrocellulose may be transported as electrically-powered cars, lawn mowers, sufficient to ensure that an internal paint, perfumery products, or printing wheelchairs, and other mobility aids. pressure equal to the vapor pressure of ink, as applicable, provided the ° Self-propelled vehicles or equipment ethylene oxide at 55 C is achieved. Any nitrocellulose contains no more 12.6% that also contain an internal combustion glass inner packaging showing evidence nitrogen (by dry mass). See UN1210, engine must be consigned under the of leakage, distortion or other defect UN1263, UN1266, UN3066, UN3469, entry ‘‘Engine, internal combustion, under this test must not be transported and UN3470. flammable gas powered’’ or ‘‘Engine, under the terms of this special internal combustion, flammable liquid * * * * * provision; powered’’ or ‘‘Vehicle, flammable gas 340 This entry applies only to the b. In addition to the packaging powered’’ or ‘‘Vehicle, flammable liquid vessel transportation of nickel-metal required in § 173.4a, each glass inner powered,’’ as appropriate. These entries hydride batteries as cargo. Nickel-metal packaging must be placed in a sealed include hybrid electric vehicles hydride button cells or nickel-metal plastic bag compatible with ethylene powered by both an internal combustion hydride cells or batteries packed with or oxide and capable of containing the engine and batteries. Additionally, self- contained in battery-powered devices contents in the event of breakage or propelled vehicles or equipment that transported by vessel are not subject to leakage of the glass inner packaging; and contain a fuel cell engine must be the requirements of this special c. Each glass inner packaging is consigned under the entries ‘‘Engine, provision. See ‘‘Batteries, dry, sealed, protected by a means of preventing fuel cell, flammable gas powered’’ or n.o.s.’’ in the § 172.101 Hazardous puncture of the plastic bag (e.g., sleeves ‘‘Engine, fuel cell, flammable liquid Materials Table (HMT) of this part for or cushioning) in the event of damage to powered’’ or ‘‘Vehicle, fuel cell, transportation requirements for nickel- the packaging (e.g., by crushing). flammable gas powered’’ or ‘‘Vehicle, metal hydride batteries transported by 343 A bulk packaging that emits fuel cell, flammable liquid powered,’’ as other modes and for nickel-metal hydrogen sulfide in sufficient appropriate. These entries include hydride button cells or nickel-metal concentration that vapors evolved from hybrid electric vehicles powered by a hydride cells or batteries packed with or the crude oil can present an inhalation fuel cell engine, an internal combustion contained in battery-powered devices hazard must be marked as specified in engine, and batteries. transported by vessel. Nickel-metal § 172.327of this part. hydride batteries subject to this special 345 ‘‘Nitrogen, refrigerated liquid 135 Internal combustion engines provision are subject only to the (cryogenic liquid), UN1977’’ transported installed in a vehicle must be consigned following requirements: (1) The in open cryogenic receptacles with a under the entries ‘‘Vehicle, flammable batteries must be prepared and maximum capacity of 1 L are not subject gas powered’’ or ‘‘Vehicle, flammable packaged for transport in a manner to to the requirements of this subchapter. liquid powered,’’ as appropriate. These prevent a dangerous evolution of heat, The receptacles must be constructed entries include hybrid electric vehicles short circuits, and damage to terminals; with glass double walls having the powered by both an internal combustion and are subject to the incident reporting space between the walls vacuum engine and wet, sodium or lithium in accordance with § 171.16 of this insulated and each receptacle must be batteries installed. If a fuel cell engine subchapter if a fire, violent rupture, transported in an outer packaging with is installed in a vehicle, the vehicle explosion or dangerous evolution of sufficient cushioning and absorbent must be consigned using the entries heat (i.e., an amount of heat sufficient to materials to protect the receptacle from ‘‘Vehicle, fuel cell, flammable gas be dangerous to packaging or personal damage. powered’’ or ‘‘Vehicle, fuel cell, safety to include charring of packaging, 346 ‘‘Nitrogen, refrigerated liquid flammable liquid powered,’’ as melting of packaging, scorching of (cryogenic liquid), UN1977’’ transported appropriate. These entries include packaging, or other evidence) occurs as in accordance with the requirements for hybrid electric vehicles powered by a a direct result of a nickel metal hydride open cryogenic receptacles in § 173.320 fuel cell, an internal combustion engine, battery; and (2) when loaded in a cargo and this special provision are not and wet, sodium or lithium batteries transport unit in a total quantity of 100 subject to any other requirements of this installed. kg gross mass or more, the shipping subchapter. The receptacle must contain * * * * * paper requirements of Subpart C of this no hazardous materials other than the

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liquid nitrogen which must be fully conducted tests or reassignment to concentration that vapors evolved from absorbed in a porous material in the another compatibility group require the the crude oil can present an inhalation receptacle. issuance of a new or revised approval by hazard must be marked as specified in 347 Effective July 1, 2011, for the Associate Administrator prior to § 172.327 of this part. transportation by aircraft, this entry may transportation on or after the dates (2) * * * specified for each authorized mode of only be used if the results of Test series Code/Special Provisions 6(d) of Part I of the UN Manual of Tests transport in this special provision. 349 Mixtures of hypochlorite with and Criteria (IBR, see § 171.7 of this * * * * * an ammonium salt are forbidden for A112 Notwithstanding the quantity subchapter) have demonstrated that any transport. A hypochlorite solution, hazardous effects from accidental limits shown in Column (9A) and (9B) UN1791, is a Class 8 corrosive material. for this entry, the following IBCs are functioning are confined to within the 350 Ammonium bromate, package. Effective January 1, 2012, for authorized for transportation aboard ammonium bromate aqueous solutions, passenger and cargo-only aircraft. Each transportation by vessel, this entry may and mixtures of a bromate with an only be used if the results of Test Series IBC may not exceed a maximum net ammonium salt are forbidden for quantity of 1,000 kg: 6(d) of Part I of the UN Manual of Tests transport. and Criteria (IBR, see § 171.7 of this a. Metal: 11A, 11B, 11N, 21A, 21B and 351 Ammonium chlorate, 21N subchapter) have demonstrated that any ammonium chlorate aqueous solutions, hazardous effects from accidental b. Rigid plastics: 11H1, 11H2, 21H1 and mixtures of a chlorate with an and 21H2 functioning are confined to within the ammonium salt are forbidden for package. Effective January 1, 2014, for c. Composite with plastic inner transport. receptacle: 11HZ1, 11HZ2, 21HZ1 and transportation domestically by highway 352 Ammonium chlorite, 21HZ2 or rail, this entry may only be used if ammonium chlorite aqueous solutions, d. Fiberboard: 11G the results of Test Series 6(d) of Part I and mixtures of a chlorite with an of the UN Manual of Tests and Criteria ammonium salt are forbidden for e. Wooden: 11C, 11D and 11F (with (IBR, see § 171.7 of this subchapter) transport. inner liners) have demonstrated that any hazardous 353 Ammonium permanganate, f. Flexible: 13H2, 13H3, 13H4, 13H5, effects from accidental functioning are ammonium permanganate aqueous 13L2, 13L3, 13L4, 13M1 and 13M2 confined to within the package. Testing solutions, and mixtures of a (flexible IBCs must be sift-proof and must be performed or witnessed by a permanganate with an ammonium salt water resistant or must be fitted with a person who is approved by the are forbidden for transport. sift-proof and water resistant liner). Associate Administrator (see § 173.56(b) 357 A bulk packaging that emits * * * * * of this subchapter). All successfully hydrogen sulfide in sufficient (4) * * *

TABLE 1—IB CODES (IBC CODES)

IBC code Authorized IBCs

IB1 ...... Authorized IBCs: Metal (31A, 31B and 31N). Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130 kPa at 55 °C (1.3 bar at 131 °F) are authorized. IB2 ...... Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1). Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130 kPa at 55 °C (1.3 bar at 131 °F) are authorized. IB3 ...... Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1 and 31HA2, 31HB2, 31HN2, 31HD2 and 31HH2). Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130 kPa at 55 °C (1.3 bar at 131 °F) are authorized, except for UN2672 (also see Special Provision IP8 in Table 2 for UN2672). IB4 ...... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N). IB5 ...... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2); Composite (11HZ1, 21HZ1 and 31HZ1). IB6 ...... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2); Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2). Additional Requirement: Composite IBCs 11HZ2 and 21HZ2 may not be used when the hazardous materials being trans- ported may become liquid during transport. IB7 ...... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2); Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2); Wooden (11C, 11D and 11F). Additional Requirement: Liners of wooden IBCs must be sift-proof. IB8 ...... Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2); Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2); Fiberboard (11G); Wooden (11C, 11D and 11F); Flexible (13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 13M1 or 13M2). IB9 ...... IBCs are only authorized if approved by the Associate Administrator.

* * * * * bar (1 bar = 14.5 psig), at which the 4 specifies the applicability of (7) * * * periodic hydrostatic testing required by § 178.275(g)(3) of this subchapter for the (ii) The following table specifies the § 180.605 of this subchapter must be pressure relief devices. When the word portable tank requirements applicable to conducted. Column 3 specifies the ‘‘Normal’’ is indicated, § 178.275(g)(3) of ‘‘T’’ Codes T1 through T22. Column 1 section reference for minimum shell this subchapter does not apply. Column specifies the ‘‘T’’ Code. Column 2 thickness or, alternatively, the 5 references applicable requirements for specifies the minimum test pressure, in minimum shell thickness value. Column bottom openings in part 178 of this

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subchapter. ‘‘Prohibited’’ means bottom openings are authorized for solid openings are prohibited, and material only. The table follows: ‘‘Prohibited for liquids’’ means bottom

TABLE OF PORTABLE TANK T CODES T1–T22 [Portable tank codes T1–T22 apply to liquid and solid hazardous materials of Classes 3 through 9 which are transported in portable tanks.]

Minimum shell thickness Portable tank in- Minimum test (in mm-ref- Pressure relief requirements Bottom opening requirements struction pressure erence steel) (See § 178.275(g)) (See § 178.275(d)) (bar) (See § 178.274(d))

(1) (2) (3) (4) (5)

******* T9 ...... 4 6 mm ...... Normal ...... Prohibited for liquids. § 178.275(d)(2)

******* . T21 ...... 10 10 mm ...... Normal ...... Prohibited for liquids. § 178.275(d)(2)

*******

* * * * * § 172.203 Additional description the material as shown in the § 172.101 (8) * * * requirements. Table. * * * * * * * * * * Code/Special Provisions (b) Limited quantities. When a ■ 13. In § 172.312, paragraph (c)(5) is * * * * * shipping paper is required by this revised to read as follows: TP36 For material assigned this subchapter, the description for a § 172.312 Liquid hazardous materials in portable tank special provision, portable material offered for transportation as non-bulk packagings. tanks used to transport such material ‘‘limited quantity,’’ as authorized by this may be equipped with fusible elements subchapter, must include the words * * * * * (c) * * * in the vapor space of the portable tank. ‘‘Limited Quantity’’ or ‘‘Ltd Qty’’ following the basic description. (5) A non-bulk package with * * * * * hermetically sealed inner packagings (9) * * * * * * * * not exceeding 500 mL each. ■ 11. In § 172.300, paragraph (c) is Code/Special Provisions * * * * * added to read as follows: ■ 14. Section 172.315 is revised to read W1 This substance in a non friable § 172.300 Applicability. as follows: prill or granule form is not subject to the requirements of this subchapter when * * * * * § 172.315 Limited quantities. tested in accordance with the UN (c) Unless otherwise provided in a (a) Except for transportation by Manual of Test and Criteria (IBR, see specific rule, stocks of preprinted aircraft or as otherwise provided in this § 171.7 of this subchapter) and is found packagings marked in accordance with subchapter, a package containing a to not meet the definition or criteria for this subpart prior to the effective date of limited quantity of hazardous material inclusion in Division 5.1. a final rule may be continued in use, in is not required to be marked with the * * * * * the manner previously authorized, until proper shipping name and identification ■ depleted or for a one-year period (ID) number when marked in 9. In § 172.200, paragraph (b)(3) is subsequent to the compliance date of revised to read as follows: accordance with the white square-on- the marking amendment, whichever is point limited quantity marking as § 172.200 Applicability. less. follows: * * * * * ■ 12. In § 172.301, paragraph (a)(1) is (1) The limited quantity marking must (b) * * * revised to read as follows: be durable, legible and of a size relative to the package that is readily visible. (3) A limited quantity package unless § 172.301 General marking requirements The marking must be applied on at least the material is offered or intended for for non-bulk packagings. one side or one end of the outer transportation by air or vessel and, until (a) Proper shipping name and packaging. The width of the border December 31, 2013, a package of ORM– identification number. (1) Except as forming the square-on-point must be at D material authorized by this otherwise provided by this subchapter, least 2 mm and the minimum subchapter in effect on October 1, 2010 each person who offers a hazardous dimension of each side must be 100 mm when offered for transportation by material for transportation in a non-bulk unless the package size requires a highway or rail. packaging must mark the package with reduced size marking that must be no * * * * * the proper shipping name and less than 50 mm on each side. When ■ 10. In § 172.203, paragraph (b) is identification number (preceded by intended for transportation by vessel, a revised to read as follows: ‘‘UN’’, ‘‘NA’’ or ‘‘ID,’’ as appropriate) for cargo transport unit (see § 176.2 of this

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subchapter) containing only limited mark except that it must have minimum the square-on-point must be black and quantity material must be suitably dimensions of 250 mm on each side. the center white or of a suitable marked on one side or end of the (2) The top and bottom portions of the contrasting background as follows: exterior of the unit with an identical square-on-point and the border forming

(b) For transportation by aircraft, a side or one end of the outer packaging. (2) The top and bottom portions of the limited quantity package conforming to The width of the border forming the square-on-point and the border forming Table 3 of § 173.27(f) of this subchapter square-on-point must be at least 2 mm the square-on-point must be black and must be marked as follows: and the minimum dimension of each the center white or of a suitable (1) The marking must be durable, side must be 100 mm unless the package contrasting background and the symbol legible and of a size relative to the size requires a reduced size marking ‘‘Y’’ must be black and located in the package as to be readily visible. The that must be no less than 50 mm on center of the square-on-point and be marking must be applied on at least one each side. clearly visible as follows:

(c) As applicable, package markings December 31, 2013, a package properly with § 172.316 is not required to be required by this subpart (e.g., technical marked in accordance with § 172.316 is marked with the limited quantity name, ‘‘RQ’’) must be in association with not required to be marked with the marking required by this section. the marking required by paragraph (a) or limited quantity marking required by ■ 15. In § 172.316, paragraphs (a)(1) and (b) of this section. this section. For transportation by (2) are revised to read as follows: (d) Transitional exception. Except for aircraft, until December 31, 2012, a transportation by aircraft, until package properly marked in accordance

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§ 172.316 Packagings containing materials § 172.324 Hazardous substances in non- ■ 19. In Subpart D, § 172.327 is added classed as ORM–D. bulk packagings. to read as follows: (a) * * * * * * * * (a) Except for packages of radioactive § 172.327 Petroleum sour crude oil in bulk (1) Until December 31, 2012, ORM–D– packaging. AIR for an ORM–D that is prepared for material labeled in accordance with air shipment and packaged in § 172.403, if the proper shipping name A Bulk packaging used to transport accordance with §§ 173.63, 173.150 of a material that is a hazardous petroleum crude oil containing through 173.155, 173.306 and the substance does not identify the hydrogen sulfide (i.e., sour crude oil) in applicable requirements in § 173.27. hazardous substance by name, the name sufficient concentration that vapors (2) Until December 31, 2013, ORM–D of the hazardous substance must be evolved from the crude oil may present for an ORM–D that is packaged in marked on the package, in parentheses, an inhalation hazard must include a accordance with §§ 173.63, 173.150 in association with the proper shipping marking, label, tag, or sign to warn of through 173.155 and 173.306. name. * * * the toxic hazard as follows: (b) The letters ‘‘RQ’’ must be marked (a) The marking must be durable, * * * * * on the package in association with the legible and of a size relative to the ■ 16. In § 172.322, paragraph (d)(4) is proper shipping name. package as to be readily visible and added to read as follows: (c) A package of limited quantity similar to the illustration shown in this § 172.322 Marine pollutants. material marked in accordance with paragraph with the minimum dimension of each side of the marking * * * * * § 172.315 must also be marked in at least 100 mm (3.9 inches). The width (d) * * * accordance with the applicable requirements of this section. of the border forming the square-on- (4) On a package of limited quantity ■ 18. In § 172.326, in paragraph (a), a point marking must be at least 5 mm. material marked in accordance with second sentence is added to read as The marking must be displayed at each § 172.315 of this part. follows: location (e.g., manhole, loading head) * * * * * where exposure to hydrogen sulfide ■ 17. In § 172.324, § 172.326 Portable tanks. vapors may occur. ■ a. The first sentence in paragraph (a) (a) Shipping name. * * * For (b) The border of the square-on-point is revised; transportation by vessel, the minimum must be black or red on a white or other ■ b. Paragraph (b) is revised; and height for a proper shipping name suitable contrasting background. The ■ c. Paragraph (c) is added. marked on a portable tank is 65 mm (2.5 symbol must be black and located in the The revisions and addition read as inches). center of the square-on-point and be follows: * * * * * clearly visible as follows:

(c) As an alternative to the marking exposure to harmful concentrations of paper in accordance with § 172.203(b) required in (a) and (b) of this section, a hydrogen sulfide gas. or when marked as such in accordance label, tag, or sign may be displayed at ■ 20. In § 172.500, paragraph (b)(3) is with § 172.315. each location (e.g., manhole, loading revised to read as follows: ■ 21. In § 172.502, paragraph (b)(2) is head) where exposure to hydrogen revised to read as follows: § 172.500 Applicability of placarding sulfide vapors may occur. The label, tag, requirements. § 172.502 Prohibited and permissive or sign must be durable, in English, and * * * * * placarding. printed legibly and of a size relative to (b) * * * * * * * * the package with a warning statement (3) Hazardous materials authorized by (b) * * * such as ‘‘Danger, Possible Hydrogen this subchapter to be offered for (2) The restrictions of paragraph (a) of ’’ Sulfide Inhalation Hazard to transportation as a limited quantity this section do not apply to the display communicate the possible risk of when identified as such on a shipping of a BIOHAZARD marking, a ‘‘HOT’’

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marking, a sour crude oil hazard (5) Division 5.2 materials only when (ii) For transport by air, a shipping marking, or an identification number on contained in a chemical kit, first aid kit paper is not required, except that, if a a white square-on-point configuration in or a polyester resin kit; document such as an air waybill accordance with §§ 172.323(c), * * * * * accompanies a shipment of specimens 172.325(c), 172.327(a), or 172.336(b) of (d) * * * containing hazardous materials this part, respectively. (3) For Division 5.2 material, 500 g excepted under the terms of this section, * * * * * (1.1 pounds) for solids or 500 mL (0.1 the document must include the gallons) for liquids. statement ‘‘Scientific research PART 173—SHIPPERS—GENERAL * * * * * specimens, 49 CFR 173.4b applies’’ and REQUIREMENTS FOR SHIPMENTS (g) * * * the number of packages indicated. AND PACKAGINGS (3) When packages of excepted (iii) For transport by vessel, a quantities are contained in an overpack, shipping paper is not required; ■ 22. The authority citation for part 173 and the package marking required by however, the Dangerous Cargo Manifest continues to read as follows: this section is not visible inside the must include the statement ‘‘Scientific Authority: 49 U.S.C. 5101–5128, 44701; 49 overpack, the excepted quantities research specimens, 49 CFR 173.4b CFR 1.45, 1.53. marking must also be placed on the applies’’ and the number of packages overpack. Additionally, an overpack indicated. Vessel stowage is the same as ■ 23. In § 173.4, paragraphs (a) containing packages of excepted for hazardous materials in excepted introductory text and (c) are revised and quantities is not required to be marked quantities. paragraph (a)(1)(v) is added to read as with the word ‘‘OVERPACK.’’ (7) Training. Each person who offers follows: * * * * * or transports excepted quantities of § 173.4 Small quantities for highway and ■ 25. In § 173.4b, paragraph (b) is added hazardous materials must know about rail. to read as follows: the requirements of this section. (8) Restrictions. For transportation by (a) When transported domestically by § 173.4b De minimis exceptions. aircraft, hazardous material packaged in highway or rail in conformance with * * * * * accordance with this section may not be this section, quantities of Division 2.2 (b) Non-infectious specimens, such as carried in checked or carry-on baggage (except aerosols with no subsidiary specimens of mammals, birds, by a passenger or crew member. hazard), Class 3, Division 4.1, Division amphibians, reptiles, fish, insects and ■ 26. In § 173.25, paragraph (a)(6) is 4.2 (PG II and III), Division 4.3 (PG II other invertebrates containing small added to read as follows: and III), Division 5.1, Division 5.2, quantities of Ethanol (UN1170), Division 6.1, Class 7, Class 8, and Class § 173.25 Authorized packagings and Formaldehyde solution, flammable overpacks. 9 materials are not subject to any other (UN1198), Alcohols, n.o.s. (UN1987) requirements when— and Isopropanol (UN1219) are not (a) * * * (1) * * * subject to the requirements of this (6) Where packages of limited (v) Thirty (30) mL water capacity (1.8 subchapter provided the following quantity materials are overpacked and, cubic inches) for authorized Division packaging, marking and documentation until December 31, 2012 or December 2.2 materials. provisions, as applicable, are met: 31, 2013, packages bearing the ORM–D AIR or ORM–D marking, respectively, * * * * * (1) The specimens are: (i) Wrapped in a paper towel or must be marked ‘‘OVERPACK’’ unless all (c) Packages which contain a Class 2 cheesecloth moistened with alcohol or marking required by this section are (other than those authorized in an alcohol solution and placed in a visible. Where packages of excepted paragraph (a) of this section), Division plastic bag that is heat-sealed. Any free quantities (see § 173.4a of this part) are 4.2 (PG I), or Division 4.3 (PG I) material liquid in the bag must not exceed 30 overpacked and all required markings conforming to paragraphs (a)(1) through mL; or are not visible through the overpack, (10) of this section may be offered for (ii) Placed in vials or other rigid they must be repeated on the overpack. transportation or transported if containers with no more than 30 mL of An overpack containing packages of approved by the Associate alcohol or alcohol solution. The excepted quantities is not required to be Administrator. containers are placed in a plastic bag marked ‘‘OVERPACK.’’ * * * * * that is heat-sealed; * * * * * ■ 24. In § 173.4a, paragraphs (a)(4) and (2) The bagged specimens are placed ■ 27. In § 173.27, remove paragraph (f) (g)(3) are added and paragraphs (b)(1), in another plastic bag with sufficient introductory text and add paragraphs (b)(5), and (d)(3) are revised to read as absorbent material to absorb the entire (f)(1) through (3) and table 3 to read as follows: liquid contents inside the primary follows: receptacle. The outer plastic bag is then § 173.4a Excepted quantities. heat-sealed; § 173.27 General requirements for transportation by aircraft. (a) * * * (3) The completed bag is placed in a (4) Packagings for which retention of strong outer packaging with sufficient * * * * * (f) Combination packagings. (1) liquid is a basic function must be cushioning material that conforms to Excepted quantities. For authorized capable of withstanding without leakage subpart B of part 173; materials and inner and outer package the pressure differential specified in (4) The aggregate net quantity of quantity limits for combination § 173.27(c) of this part. flammable liquid in one outer packaging may not exceed 1 L; and packages of excepted quantities (b) * * * (5) The outer package must be legibly intended for transportation by aircraft, (1) Division 2.2 material with no marked ‘‘Scientific research specimens, see § 173.4a of this part. Unless subsidiary hazard. An aerosol is not 49 CFR 173.4b applies.’’ otherwise specified in this part, or in included as authorized Division 2.2 (6) Documentation. (i) For Subpart C of part 171 of this subchapter, material; transportation by highway or rail, no when combination packagings are * * * * * shipping paper is required. intended for transportation aboard an

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aircraft, inner packagings must conform or subsidiary risk), and 4.3 (dangerous cannot be satisfied, the use of an to the quantity limitations set forth in when wet) (liquids); intermediate and leakproof form of table 1 of this paragraph for transport (E) Division 5.2 (organic peroxide) containment, such as a liner, is aboard passenger-carrying aircraft and (except when contained in a Chemical required. table 2 of this paragraph for transport or First aid kit (UN3316) or Polyester (v) Packages must be capable of aboard cargo-only aircraft. resin kit (UN3269) (Types D, E and F (2) Limited quantities. (i) Unless non-temperature controlled only)); passing a 1.2 m drop test on to a rigid, otherwise specified in this part, or in (F) Class 8 (corrosive) materials non-resilient, flat and horizontal Subpart C of Part 171 of this subchapter, UN2794, UN2795, UN2803, UN2809, surface, in the position most likely to when a limited quantity of authorized 3028; and cause damage. The criteria for passing hazardous material packaged in a (G) All Class 9 (miscellaneous) the test is that the outer packaging must combination packaging is intended for materials except for UN1941, UN1990, not exhibit any damage affecting safety transportation aboard an aircraft, the UN2071, UN3077, UN3082, UN3316. in transport and there must be no inner packagings must conform to the (ii) Effective January 1, 2012, packages leakage from the inner packagings. must be marked with the limited quantity limitations set forth in table 3 (vi) Each package must be capable of quantity ‘‘Y’’ mark as prescribed in of this paragraph. Materials must be withstanding, without breakage or authorized for transportation aboard a § 172.315 of this part when conforming to Table 3 of this paragraph. Until leakage of any inner packaging, a force passenger-carrying aircraft (see Column applied to the top surface for a duration (9A) of the § 172.101 Hazardous December 31, 2012, a package may of 24 hours equivalent to the total Materials Table). Substances or articles instead be marked with the proper weight of identical packages if stacked not authorized as limited quantity by shipping name ‘‘Consumer commodity’’ aircraft are: and ‘‘ORM–D–AIR’’ (including to a height of 3 m (including the test (A) Those in Packing Group I; ‘‘Charcoal, NA1361) if it contains a sample). (B) Class 1 (explosive) and Class 7 consumer commodity, as authorized by (vii) Except for UN3082, inner (radioactive) material; this subchapter in effect on October 1, packagings of combination packagings (C) Divisions 2.1 (flammable gas) 2010. containing liquids must be capable of (except Aerosols (UN1950) and (iii) Strong outer packagings are passing the appropriate pressure Receptacles, small (UN2037) without required and a completed package may differential test prescribed in paragraph subsidiary risk) and Division 2.3 (toxic not exceed 30 kg (66 lbs) gross weight. (c) of this section. gas); (iv) A secondary means of closure (D) Divisions 4.1 (self-reactive), 4.2 required for all liquids contained in (3) The tables are as follows: (spontaneously combustible) (primary inner packagings. If this requirement * * * * *

TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING FOR MATERIALS AUTHORIZED FOR TRANSPORTATION AS LIMITED QUANTITY BY AIRCRAFT

Maximum authorized net quantity of each inner packaging Hazard class or Maximum authorized division Metal or net quantity of each Notes Glass, earthenware or plastic inner pack- outer package fiber inner packagings agings

Class 1 ...... Forbidden. See § 173.63. Class 2 ...... 30 kg Gross ...... Authorized materials: Aerosols (UN1950) in Divisions 2.1 and 2.2, and Receptacles, small (UN2037) in Divisions 2.1 and 2.2 without subsidiary risk and Fuel cells car- tridges (UN3478, UN3479), see § 173.230 of this part. Class 3 ...... PG I: Forbidden. PG II: 0.5L ...... PG II: 0.5L ...... PG II: 1L* ...... *Maximum net quantity per outer package with corrosive subsidiary risk (e.g., UN2924, UN3286) is 0.5L. For Class 3 materials contained in a Polyester resin kit (UN3269), see § 173.165 of this part. For Fuel cell cartridges containing flammable liquids (UN3473), see § 173.230 of this part. PG III: 2.5L* ...... PG III: 5.0L* ...... PG III: 10L* ...... *Maximum net quantity per outer package *Corrosive subsidiary *Corrosive subsidiary with corrosive subsidiary risk (e.g., risk (e.g., UN2924) risk (e.g., UN2924) UN2924) is 1L and toxic subsidiary risk or toxic (e.g., or toxic (e.g., (e.g., UN1992) is 2L. UN1992) is 1L. UN1992) is 1L. Division 4.1 (does not PG I: Forbidden. include self-reactive material). PG II: 0.5 kg ...... PG II: 0.5 kg ...... PG II: 5 kg* ...... *Maximum net quantity per outer package with toxic subsidiary risk (e.g., UN3179) is 1 kg. PG III: 1 kg ...... PG III: 1 kg ...... PG III: 10 kg* ...... *Maximum net quantity per outer package with corrosive subsidiary risk (e.g., UN3180) is 5 kg.

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TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING FOR MATERIALS AUTHORIZED FOR TRANSPORTATION AS LIMITED QUANTITY BY AIRCRAFT—Continued

Maximum authorized net quantity of each inner packaging Hazard class or Maximum authorized division Metal or net quantity of each Notes Glass, earthenware or plastic inner pack- outer package fiber inner packagings agings

Division 4.2 (Primary Forbidden* ...... 25 kg (net mass)*...... *Until December 31, 2012, Charcoal or subsidiary). (NA1361), PG III, may be transported as a limited quantity and may be renamed Con- sumer commodity and reclassed ORM–D– AIR, if eligible. Division 4.3 (solid ma- PG I solids and all liq- terial only). uids regardless of Packing Group: For- bidden. PG II: 0.5 kg ...... PG II: 0.5 kg ...... PG II: 5 kg* ...... *Maximum net quantity per outer package with toxic subsidiary risk (e.g., UN3134) is 1 kg. For fuel cell cartridges containing water reactive substances (UN3476), see § 173.230 of this part. PG III: 1 kg ...... PG III: 1 kg ...... PG III: 10 kg* ...... *Maximum net quantity per outer package with corrosive or flammable subsidiary risk (e.g., UN3131 or UN3132, respectively) is 5 kg. Division 5.1 (Liquid or PG I: Forbidden. solid material). Division 5.1 (liquid PG II: 0.1L ...... PG II: 0.1L ...... PG II: 0.5L. material). PG III: 0.5L ...... PGIII: 0.5L ...... PG III: 1.0L. Division 5.1 (solid ma- PG II: 0.5 kg ...... PG II: 0.5 kg ...... PG II: 2.5 kg* ...... *Maximum net quantity per outer package terial). with toxic subsidiary risk (e.g., UN3087) is 1 kg. PG III: 1.0 kg ...... PG III: 1.0 kg ...... PG III: 10 kg* ...... *Maximum net quantity per outer package with corrosive subsidiary risk (e.g., UN3085) is 1 kg. Division 5.2 (liquid 30 mL ...... 30 mL ...... 1 kg ...... Authorized materials: Types D, E and F are material). authorized only as part of a Chemical or First aid kit (UN3316) in accordance with § 173.161 of this part or a Polyester resin kit (UN3269) in accordance with § 173.165 of this part. Division 5.2 (solid ma- 100g ...... 100g ...... 1 kg. terial). Division 6.1 ...... PG I (Inhalation or otherwise): Forbid- den. Division 6.1 (liquid PG II: 0.1L ...... PG II: 0.1L ...... PG II: 1.0L* ...... *Maximum net quantity per outer package material). with corrosive subsidiary risk (e.g., UN3289) is 0.5L. PG III: 0.5L ...... PGIII: 0.5L ...... PG III: 2.0L. Division 6.1 (solid ma- PG II: 0.5 kg ...... PG II: 0.5 kg ...... PG II: 1.0 kg. terial). PG III: 1.0 kg ...... PG III: 1.0 kg ...... PG III: 10 kg. Class 7 ...... Forbidden. Class 8 ...... PG I: Forbidden. Class 8 (liquid mate- PG II: 0.1L ...... PG II: 0.1L ...... PG II: 0.5L ...... For ‘‘Fuel cell cartridges containing corrosive rial). substances’’ (UN3477), see § 173.230 of this part. PG III: 0.5L ...... PGIII: 0.5L ...... PG III: 1.0L. Class 8 (solid mate- PG II: 0.5 kg ...... PG II: 0.5 kg ...... PG II: 5.0 kg* ...... *Maximum net quantity per outer package for rial). UN2430 is 1.0 kg. UN2794, UN2795, UN2803, UN2809, UN3028 are not author- ized as limited quantity. PG III: 1.0 kg ...... PG III: 1.0 kg ...... PG III: 5.0 kg. Class 9 (liquid mate- 30 mL (UN3316); 5.0L 30 mL (UN3316); 5.0L 1 kg (UN3316); 30 kg Authorized materials: UN1941, UN1990, rial). (UN1941, UN1990, (UN1941, UN1990, (all other authorized UN2071, UN3077, UN3082, and UN3316 UN3082) 100 g UN3082) 100 g Class 9 material). only. Additionally, Consumer commodity (UN3316); 5.0 kg (UN3316); 5.0 kg (ID8000) in accordance with § 173.167 of (UN2071, UN3077). (UN2071, UN3077). this part and Chemical kit or First aid kit (UN3316) in accordance with § 173.161of this part are authorized.

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TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING FOR MATERIALS AUTHORIZED FOR TRANSPORTATION AS LIMITED QUANTITY BY AIRCRAFT—Continued

Maximum authorized net quantity of each inner packaging Hazard class or Maximum authorized division Metal or net quantity of each Notes Glass, earthenware or plastic inner pack- outer package fiber inner packagings agings

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

* * * * * chlorofluoropolymers), alcohol and oils aircraft, Cartridge, power devices must ■ 28. In § 173.40, in paragraph (c)(1), a (such as petroleum jelly and paraffin). be successfully tested under the UN second sentence is added to read as * * * * * Test Series 6(d) criteria for follows: ■ 31. In § 173.63, paragraph (b) is reclassification as ORM–D–AIR material revised to read as follows: effective July 1, 2011. Until December § 173.40 General packaging requirements 31, 2013, a package containing such for toxic materials packaged in cylinders. § 173.63 Packaging exceptions. articles may be marked with the proper * * * * * * * * * * shipping name ‘‘Cartridges, small arms’’ (c) * * * (b) Limited quantities of Cartridges, or ‘‘Cartridges, power device (used to (1) * * * For UN pressure small arms, and cartridges power project fastening devices)’’ and reclassed receptacles, each valve must be capable devices. (1)(i) Cartridges, small arms, as ‘‘ORM–D’’ material if it contains of withstanding the test pressure of the and Cartridges power device (used to properly packaged articles as authorized pressure receptacle and be connected project fastening devices), that have by this subchapter on October 1, 2010. directly to the pressure receptacle by been classed as Division 1.4S explosive (iii) Cartridges, small arms and either a taper thread or other means may be offered for transportation and Cartridges power devices that may be which meets the requirements of ISO transported as limited quantities when shipped as a limited quantity or ORM– 10692–2: (IBR, see § 171.7 of this packaged in accordance with paragraph D material are as follows: subchapter). (b)(2) of this section. For transportation (A) Ammunition for rifle, pistol or by aircraft, the package must conform to * * * * * shotgun; ■ 29. In § 173.58, paragraph (a)(5) is the applicable requirements of § 173.27 (B) Ammunition with inert projectiles revised to read as follows: of this part and, effective July 1, 2011, Cartridge, power devices must be or blank ammunition; § 173.58 Assignment of class and division successfully tested under the UN Test (C) Ammunition having no tear gas, for new explosives. Series 6(d) criteria for reclassification as incendiary, or detonating explosive (a) * * * limited quantity material. Effective projectiles; (5) Division 1.4 Compatibility Group January 1, 2012, Cartridge, power (D) Ammunition not exceeding 12.7 S (1.4S) if the hazardous effects are devices must be successfully tested mm (50 caliber or 0.5 inch) for rifle or confined within the package or the blast under the UN Test Series 6(d) criteria pistol, cartridges or 8 gauge for and projection effects do not for reclassification as limited quantity shotshells; and significantly hinder emergency response material for transportation by highway, (E) Cartridges, power devices which efforts. The UN Test Type 6(d) is used rail or vessel. Packages containing such are used to project fastening devices. to determine whether a Division 1.4S articles must be marked as prescribed in (2) Packaging for Cartridges, small classification is appropriate for an item § 172.315. Packages containing such arms and eligible Cartridge, power assigned a proper shipping name to articles are not subject to the shipping devices as limited quantity or ORM–D which special provision 347 (see paper requirements of subpart C of part material must be as follows: § 172.102 of this subchapter) applies; or 172 of this subchapter unless the (i) Ammunition must be packed in * * * * * material meets the definition of a inside boxes, or in partitions which fit ■ 30. In § 173.59, a definition for hazardous substance, hazardous waste, snugly in the outside packaging, or in ‘‘Phlegmatized’’ is added in alphabetical marine pollutant, or is offered for metal clips; order to read as follows: transportation and transported by (ii) Primers must be protected from aircraft or vessel. Additionally, packages accidental initiation; § 173.59 Description of terms for containing these articles are excepted explosives. (iii) Inside boxes, partitions or metal from the requirements of subparts E clips must be packed in securely-closed * * * * * (Labeling) and F (Placarding) of part 172 strong outside packagings; Phlegmatized. The term means that a of this subchapter. substance (or ‘‘phlegmatizer’’) has been (ii) Until December 31, 2012, a (iv) Maximum gross weight is limited added to an explosive to enhance its package containing such articles may be to 30 kg (66 pounds) per package; and safety in handling and transport. The marked with the proper shipping name (v) Cartridges, power devices which phlegmatizer renders the explosive ‘‘Cartridges, small arms’’ or ‘‘Cartridges, are used to project fastening devices and insensitive, or less sensitive, to the power device (used to project fastening 22 caliber rim-fire cartridges may be following actions: heat, shock, impact, devices)’’ and reclassed as ‘‘ORM–D– packaged loose in strong outside percussion or friction. Typical AIR’’ material if it contains properly packagings. phlegmatizing agents include, but are packaged articles as authorized by this * * * * * not limited to: wax, paper, water, subchapter on October 1, 2010. ■ 32. In § 173.120, paragraphs (c)(1)(i) polymers (such as Additionally, for transportation by and (ii) are revised to read as follows:

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§ 173.120 Class 3—Definitions. Table provides more than one packing § 173.136 Class 8—Definitions. * * * * * group for a hazardous material, the (a) For the purpose of this subchapter, (c) * * * packing group must be determined by ‘‘corrosive material’’ (Class 8) means a (1) * * * applying the following criteria: liquid or solid that causes full thickness (i) For a homogeneous, single-phase, destruction of human skin at the site of liquid having a viscosity less than 45 Packing Flash point Initial boiling contact within a specified period of S.U.S. at 38 °C (100 °F) that does not group (closed-cup) point time. A liquid, or a solid which may form a surface film while under test, one I ...... ≤35°C become liquid during transportation, of the following test procedures shall be (95 °F) that has a severe corrosion rate on steel used: II ...... <23°C (73 °F) ..... >35 °C or aluminum based on the criteria in (A) Standard Method of Test for Flash (95 °F) § 173.137(c)(2) is also a corrosive Point by Tag Closed Cup Tester, (ASTM III ...... ≥23 °C, ≤60 °C >35 °C material. Whenever practical, in vitro D 56) (IBR; see § 171.7 of this (≥73 °F, ≤140 °F) (95 °F) test methods authorized in § 173.137 of subchapter); this part or historical data authorized in (B) Standard Test Methods for Flash (2) The initial boiling point of a Class paragraph (c) of this section should be Point of Liquids by Small Scale Closed- 3 material may be determined by using used to determine whether a material is Cup Apparatus, (ASTM D 3278) (IBR; one of the following test methods: corrosive. see § 171.7 of this subchapter); or (i) Standard Test Method for * * * * * (C) Standard Test Methods for Flash Distillation of Petroleum Products at ■ 36. In § 173.137, in the introductory Point by Small Scale Closed Tester, Atmospheric Pressure (ASTM D 86) text, the second sentence is revised and (ASTM D 3828) (IBR; see § 171.7 of this (IBR; see § 171.7 of this subchapter); a third, fourth, and fifth sentence are subchapter). (ii) Standard Test Method for added to read as follows: (ii) For a liquid other than one Distillation Range of Volatile Organic meeting all the criteria of paragraph Liquids (ASTM D 1078) (IBR; see § 173.137 Class 8—Assignment of packing group. (c)(1)(i) of this section, one of the § 171.7 of this subchapter); following test procedures must be used: (iii) Petroleum Products— * * * When the § 172.101 Table (A) Standard Test Methods for Flash Determination of Distillation provides more than one packing group Point by Pensky-Martens Closed Cup Characteristics at Atmospheric Pressure for a Class 8 material, the packing group must be determined using data obtained Tester, (ASTM D 93) (IBR; see § 171.7 of (ISO 3405) (IBR; see § 171.7 of this from tests conducted in accordance with this subchapter). For cutback asphalt, subchapter); the OECD Guideline for the Testing of use Method B of ASTM D 93 or (iv) Petroleum Products— Chemicals, Number 435, ‘‘In Vitro alternative tests authorized in this Determination of Boiling Range Membrane Barrier Test Method for Skin standard; Distribution—Gas Chromatography Corrosion’’ (IBR, see § 171.7 of this (B) Standard Test Methods for Flash Method (ISO 3924) (IBR; see § 171.7 of subchapter) or Number 404, ‘‘Acute Point of Liquids by Small Scale Closed- this subchapter); or Dermal Irritation/Corrosion’’ (IBR, see Cup Apparatus (ASTM D 3278) (IBR; see (v) Volatile Organic Liquids— § 171.7 of this subchapter). A material § 171.7 of this subchapter); Determination of Boiling Range of that is determined not to be corrosive in (C) Determination of Flash/No Flash— Organic Solvents Used as Raw Materials accordance with OECD Guideline for Closed Cup Equilibrium Method (ISO (ISO 4626) (IBR; see § 171.7 of this the Testing of Chemicals, Number 430, 1516) (IBR; see § 171.7 of this subchapter). subchapter); ‘‘In Vitro Skin Corrosion: (D) Determination of Flash point— * * * * * Transcutaneous Electrical Resistance ■ Closed Cup Equilibrium Method (ISO 34. In § 173.124, paragraph (b)(2) is Test (TER)’’ (IBR, see § 171.7 of this 1523) (IBR; see § 171.7 of this revised to read as follows: subchapter) or Number 431, ‘‘In Vitro subchapter); § 173.124 Class 4, Divisions 4.1, 4.2 and Skin Corrosion: Human Skin Model (E) Determination of Flash Point— 4.3—Definitions. Test’’ (IBR, see § 171.7 of this Pensky-Martens Closed Cup Method * * * * * subchapter) may be considered not to be (ISO 2719) (IBR; see § 171.7 of this (b) * * * corrosive to human skin for the purposes of this subchapter without subchapter); (2) A self-heating material. A self- (F) Determination of Flash Point— further testing. However, a material heating material is a material that Rapid Equilibrium Closed Cup Method determined to be corrosive in through a process where the gradual (ISO 3679) (IBR; see § 171.7 of this accordance with Number 430 or reaction of that substance with oxygen subchapter); Number 431 must be further tested (in air) generates heat. If the rate of heat (G) Determination of Flash/No using Number 435 or Number 404. The production exceeds the rate of heat loss, Flash—Rapid Equilibrium Closed Cup packing group assignment using data then the temperature of the substance Method (ISO 3680) (IBR; see § 171.7 of obtained from tests conducted in will rise which, after an induction time, this subchapter); or accordance with OECD Guideline may lead to self-ignition and (H) Determination of Flash Point— Number 404 or Number 435 must be as combustion. A material of this type Abel Closed-Cup Method (ISO 13736) follows: (IBR; see § 171.7 of this subchapter). which exhibits spontaneous ignition or if the temperature of the sample exceeds * * * * * ■ * * * * * 200 °C (392 °F) during the 24-hour test 37. Section 173.144 is revised to read ■ 33. In § 173.121, paragraph (a) is period when tested in accordance with as follows: revised to read as follows: UN Manual of Tests and Criteria (IBR; § 173.144 Other Regulated Materials § 173.121 Class 3—Assignment of packing see § 171.7 of this subchapter), is (ORM)—Definitions. group. classed as a Division 4.2 material. Until December 31, 2013 and for the (a)(1) The packing group of a Class 3 * * * * * purposes of this subchapter, ‘‘ORM–D material is as assigned in column 5 of ■ 35. In § 173.136, paragraph (a) is material’’ means a material such as a the § 172.101 Table. When the § 172.101 revised to read as follows: consumer commodity, cartridges, small

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arms or cartridges, power devices package containing a ‘‘consumer accordance with paragraph (b) of this which, although otherwise subject to the commodity’’ as defined in § 171.8 of this section in packagings not exceeding 30 regulations of this subchapter, presents subchapter, may be renamed ‘‘Consumer kg gross weight and are eligible for the a limited hazard during transportation commodity’’ and reclassed as ORM–D exceptions provided in § 173.156. due to its form, quantity and packaging. or, until December 31, 2012, ORM–D– (c) Consumer commodities. Until It must be a material for which AIR material and offered for December 31, 2013, a limited quantity exceptions are provided in Column (8A) transportation and transported in package (including Charcoal briquettes of the § 172.101 Hazardous Materials accordance with the applicable (NA1361)) containing a ‘‘consumer Table. provisions of this subchapter in effect commodity’’ as defined in § 171.8 of this ■ 38. In § 173.150, paragraphs (b) and on October 1, 2010. subchapter, may be renamed ‘‘Consumer (c) are revised to read as follows: * * * * * commodity’’ and reclassed as ORM–D ■ 39. In § 173.151, paragraphs (b), (c), or, until December 31, 2012, ORM–D– § 173.150 Exceptions for Class 3 (flammable and combustible liquids). and (d) are revised to read as follows: AIR material and offered for transportation and transported in § 173.151 Exceptions for Class 4. * * * * * accordance with the applicable (b) Limited quantities. Limited * * * * * provisions of this subchapter in effect quantities of flammable liquids (Class 3) (b) Limited quantities of Division 4.1. on October 1, 2010. For transportation and combustible liquids are excepted (1) Limited quantities of flammable by aircraft, the maximum net mass for from labeling requirements, unless the solids (Division 4.1) in Packing Groups Charcoal briquettes (NA1361) is 25 kg material is offered for transportation or II and III and, where authorized by this per package. transported by aircraft, and are excepted section, charcoal briquettes (Division (d) Limited quantities of Division 4.3. from the specification packaging 4.2) in Packing Group III, are excepted Limited quantities of dangerous when requirements of this subchapter when from labeling requirements, unless the wet solids (Division 4.3) in Packing packaged in combination packagings material is offered for transportation or Groups II and III are excepted from according to this paragraph. For transported by aircraft, and are excepted labeling requirements, unless the transportation by aircraft, the package from the specification packaging material is offered for transportation or must also conform to applicable requirements of this subchapter when transported by aircraft, and are excepted requirements of § 173.27 of this part packaged in combination packagings from the specification packaging (e.g., authorized materials, inner according to this paragraph. For requirements of this subchapter when packaging quantity limits and closure transportation by aircraft, the package securement) and only hazardous must also conform to applicable packaged in combination packagings material authorized aboard passenger- requirements of § 173.27 of this part according to this paragraph. For carrying aircraft may be transported as (e.g., authorized materials, inner transportation by aircraft, the package a limited quantity. A limited quantity packaging quantity limits and closure must also conform to applicable package that conforms to the provisions securement) and only hazardous requirements of § 173.27 of this part of this section is not subject to the material authorized aboard passenger- (e.g., authorized materials, inner shipping paper requirements of subpart carrying aircraft may be transported as packaging quantity limits and closure C of part 172 of this subchapter, unless a limited quantity. A limited quantity securement) and only hazardous the material meets the definition of a package that conforms to the provisions material authorized aboard passenger- hazardous substance, hazardous waste, of this section is not subject to the carrying aircraft may be transported as marine pollutant, or is offered for shipping paper requirements of subpart a limited quantity. A limited quantity transportation and transported by C of part 172 of this subchapter, unless package that conforms to the provisions aircraft or vessel, and is eligible for the the material meets the definition of a of this section is not subject to the exceptions provided in § 173.156 of this hazardous substance, hazardous waste, shipping paper requirements of subpart part. In addition, shipments of limited marine pollutant, or is offered for C of part 172 of this subchapter, unless quantities are not subject to subpart F transportation and transported by the material meets the definition of a (Placarding) of part 172 of this aircraft or vessel, and is eligible for the hazardous substance, hazardous waste, subchapter. Each package must conform exceptions provided in § 173.156 of this marine pollutant, or is offered for to the packaging requirements of part. In addition, shipments of limited transportation and transported by subpart B of this part and may not quantities are not subject to subpart F aircraft or vessel, and is eligible for the exceed 30 kg (66 pounds) gross weight. (Placarding) of part 172 of this exceptions provided in § 173.156 of this Except for transportation by aircraft, the subchapter. Each package must conform part. In addition, shipments of limited following combination packagings are to the packaging requirements of quantities are not subject to subpart F authorized: subpart B of this part and may not (Placarding) of part 172 of this (1) For flammable liquids in Packing exceed 30 kg (66 pounds) gross weight. subchapter. Each package must conform Group I, inner packagings not over 0.5 Except for transportation by aircraft, the to the packaging requirements of L (0.1 gallon) net capacity each, packed following combination packagings are subpart B of this part and may not in a strong outer packaging; authorized: exceed 30 kg (66 pounds) gross weight. (2) For flammable liquids in Packing (i) For flammable solids in Packing Except for transportation by aircraft, the Group II, inner packagings not over 1.0 Group II, inner packagings not over 1.0 following combination packagings are L (0.3 gallons) net capacity each, packed kg (2.2 pounds) net capacity each, authorized: in a strong outer packaging. packed in a strong outer packaging. (1) For dangerous when wet solids in (3) For flammable liquids in Packing (ii) For flammable solids in Packing Packing Group II, inner packagings not Group III and combustible liquids, inner Group III, inner packagings not over 5.0 over 0.5 kg (1.1 pounds) net capacity packagings not over 5.0 L (1.3 gallons) kg (11 pounds) net capacity each, each, packed in a strong outer net capacity each, packed in a strong packed in a strong outer packaging. packaging. outer packaging. (2) For transportation by highway or (2) For dangerous when wet solids in (c) Consumer commodities. Until rail, Charcoal briquettes (NA1361) may Packing Group III, inner packagings not December 31, 2013, a limited quantity be packaged as a limited quantity in over 1.0 kg (2.2 pounds) net capacity

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each, packed in a strong outer capacity for solids, packed in a strong mL (3.38 ounces) each for liquids or 0.5 packaging. outer packaging. kg (1.1 pounds) each for solids, packed ■ 40. In § 173.152, paragraphs (b) and (ii) For Type D, E, or F organic in a strong outer packaging. Inner (c) are revised to read as follows: peroxides, inner packagings not over packagings containing a liquid 125 mL (4.22 ounces) net capacity each poisonous material which is also a drug § 173.152 Exceptions for Division 5.1 for liquids or 500 g (17.64 ounces) net or medicine in Packing Group II may be (oxidizers) and Division 5.2 (organic capacity for solids, packed in a strong peroxides). increased to not over 250 mL (8 ounces) outer packaging. each and packed in a strong outer * * * * * (c) Consumer commodities. Until packaging. (b) Limited quantities. Limited December 31, 2013, a limited quantity (2) For poisonous materials in Packing quantities of oxidizers (Division 5.1) in package containing a ‘‘consumer Group III, inner packagings not over 5 Packing Group II and III and organic commodity’’ as defined in § 171.8 of this L (1.3 gallons) each for liquids or 5.0 kg peroxides (Division 5.2) are excepted subchapter, may be renamed ‘‘Consumer (11 pounds) each for solids, packed in from labeling requirements, unless the commodity’’ and reclassed as ORM–D a strong outer packaging. material is offered for transportation or or, until December 31, 2012, ORM–D– (c) Consumer commodities. Until transported by aircraft, and are excepted AIR material and offered for December 31, 2013, a limited quantity from the specification packaging transportation and transported in package of poisonous material in requirements of this subchapter when accordance with the applicable Packing Group III or a drug or medicine packaged in combination packagings provisions of this subchapter in effect in Packing Group II and III that is also according to this paragraph. For on October 1, 2010. a ‘‘consumer commodity’’ as defined in transportation by aircraft, the package ■ 41. In § 173.153, paragraphs (b) and § 171.8 of this subchapter, may be must also conform to applicable (c) are revised to read as follows: renamed ‘‘Consumer commodity’’ and requirements of § 173.27 of this part reclassed as ORM–D or, until December (e.g., authorized materials, inner § 173.153 Exceptions for Division 6.1 31, 2012, ORM–D–AIR material and (poisonous material). packaging quantity limits and closure offered for transportation and securement) and only hazardous * * * * * transported in accordance with the material authorized aboard passenger- (b) Limited quantities. The exceptions applicable provisions of this subchapter carrying aircraft may be transported as in this paragraph do not apply to in effect on October 1, 2010. a limited quantity. A limited quantity poison-by-inhalation materials. Limited ■ 42. In § 173.154, paragraphs (b) and package that conforms to the provisions quantities of poisonous material (c) are revised to read as follows: of this section is not subject to the (Division 6.1) in Packing Groups II and shipping paper requirements of subpart III are excepted from the labeling § 173.154 Exceptions for Class 8 C of part 172 of this subchapter, unless requirements, unless the material is (corrosive material). the material meets the definition of a offered for transportation or transported * * * * * hazardous substance, hazardous waste, by aircraft, and are excepted from the (b) Limited quantities. Limited marine pollutant, or is offered for specification packaging requirements of quantities of corrosive material (Class 8) transportation and transported by this subchapter when packaged in in Packing Groups II and III are aircraft or vessel, and is eligible for the combination packagings according to excepted from labeling requirements, exceptions provided in § 173.156 of this this paragraph. For transportation by unless the material is offered for part. In addition, shipments of limited aircraft, the package must also conform transportation or transported by aircraft, quantities are not subject to subpart F to applicable requirements of § 173.27 of and are excepted from the specification (Placarding) of part 172 of this this part (e.g., authorized materials, packaging requirements of this subchapter. Each package must conform inner packaging quantity limits and subchapter when packaged in to the packaging requirements of closure securement) and only hazardous combination packagings according to subpart B of this part and may not material authorized aboard passenger- this paragraph. For transportation by exceed 30 kg (66 pounds) gross weight. carrying aircraft may be transported as aircraft, the package must also conform Except for transportation by aircraft, the a limited quantity. A limited quantity to the applicable requirements of following combination packagings are package that conforms to the provisions § 173.27 of this part (e.g., authorized authorized: of this section is not subject to the materials, inner packaging quantity (1) For oxidizers in Packing Group II, shipping paper requirements of subpart limits and closure securement) and only inner packagings not over 1.0 L (0.3 C of part 172 of this subchapter, unless hazardous material authorized aboard gallon) net capacity each for liquids or the material meets the definition of a passenger-carrying aircraft may be not over 1.0 kg (2.2 pounds) net capacity hazardous substance, hazardous waste, transported as a limited quantity. A each for solids, packed in a strong outer marine pollutant, or is offered for limited quantity package that conforms packaging. transportation and transported by to the provisions of this section is not (2) For oxidizers in Packing Group III, aircraft or vessel, and is eligible for the subject to the shipping paper inner packagings not over 5 L (1.3 exceptions provided in § 173.156 of this requirements of subpart C of part 172 of gallons) net capacity each for liquids or part. In addition, shipments of limited this subchapter, unless the material not over 5.0 kg (11 lbs) net capacity each quantities are not subject to subpart F meets the definition of a hazardous for solids, packed in a strong outer (Placarding) of part 172 of this substance, hazardous waste, marine packaging. subchapter. Each package must conform pollutant, or is offered for transportation (3) For organic peroxides that do not to the packaging requirements of and transported by aircraft or vessel, require temperature control during subpart B of this part and may not and is eligible for the exceptions transportation— exceed 30 kg (66 pounds) gross weight. provided in § 173.156 of this part. In (i) Except for transportation by Except for transportation by aircraft, the addition, shipments of limited aircraft, for Type B or C organic following combination packagings are quantities are not subject to subpart F peroxides, inner packagings not over 25 authorized: (Placarding) of part 172 of this mL (0.845 ounces) net capacity each for (1) For poisonous materials in Packing subchapter. Each package must conform liquids or 100 g (3.528 ounces) net Group II, inner packagings not over 100 to the packaging requirements of

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subpart B of this part and may not to the packaging requirements of (iii) Transported to or from a exceed 30 kg (66 pounds) gross weight. subpart B of this part and may not manufacturer, a distribution center, or a Except for transportation by aircraft, the exceed 30 kg (66 pounds) gross weight. retail outlet, or transported to a disposal following combination packagings are Except for transportation by aircraft, the facility from one offeror. authorized: following combination packagings are (2) The 30 kg (66 pounds) gross (1) For corrosive materials in Packing authorized: weight limitation does not apply to Group II, inner packagings not over 1.0 (1) For miscellaneous materials in packages of limited quantity materials L (0.3 gallon) net capacity each for Packing Group II, inner packagings not marked in accordance with § 172.315 of liquids or not over 1.0 kg (2.2 pounds) over 1.0 L (0.3 gallon) net capacity each this subchapter, or, until December 31, net capacity each for solids, packed in for liquids or not over 1.0 kg (2.2 2013, materials classed and marked as a strong outer packaging. pounds) net capacity each for solids, ORM–D and described as a Consumer (2) For corrosive materials in Packing packed in a strong outer packaging. commodity, as defined in § 171.8 of this Group III, inner packagings not over 5.0 (2) For miscellaneous materials in subchapter, when offered for L (1.3 gallons) net capacity each for Packing Group III, inner packagings not transportation or transported by liquids or not over 5.0 kg (11 lbs) net over 5.0 L (1.3 gallons) net capacity each highway or rail between a manufacturer, capacity each for solids, packed in a for liquids or not over 5.0 kg (11 lbs) net a distribution center, and a retail outlet strong outer packaging. capacity each for solids, packed in a provided— (c) Consumer commodities. Until strong outer packaging. (i) Inner packagings conform to the December 31, 2013, a limited quantity (c) Consumer commodities. Until quantity limits for inner packagings package containing a ‘‘consumer December 31, 2013, a limited quantity specified in §§ 173.150(b), 173.152(b), commodity’’ as defined in § 171.8 of this package containing a ‘‘consumer 173.154(b), 173.155(b) and 173.306 (a) subchapter, may be renamed ‘‘Consumer commodity’’ as defined in § 171.8 of this and (b), as appropriate; commodity’’ and reclassed as ORM–D subchapter, may be renamed ‘‘Consumer (ii) The inner packagings are packed or, until December 31, 2012, ORM–D– commodity’’ and reclassed as ORM–D into corrugated fiberboard trays to AIR material and offered for or, until December 31, 2012, ORM–D– prevent them from moving freely; transportation and transported in AIR material and offered for (iii) The trays are placed in a accordance with the applicable transportation and transported in fiberboard box which is banded and provisions of this subchapter in effect accordance with the applicable secured to a wooden pallet by metal, on October 1, 2010. provisions of this subchapter in effect fabric, or plastic straps, to form a single * * * * * on October 1, 2010. palletized unit; ■ 43. In § 173.155, paragraphs (b) and ■ 44. Section 173.156 is revised to read (iv) The package conforms to the (c) are revised to read as follows: as follows: general packaging requirements of subpart B of this part; § 173.155 Exceptions for Class 9 § 173.156 Exceptions for limited quantity (miscellaneous hazardous materials). and ORM. (v) The maximum net quantity of hazardous material permitted on one * * * * * (a) Exceptions for hazardous materials shipments in the following paragraphs palletized unit is 250 kg (550 pounds); (b) Limited quantities of Class 9 and materials. Limited quantities of are permitted only if this section is referenced for the specific hazardous (vi) The package is properly marked miscellaneous hazardous materials in in accordance with § 172.315 or, until Packing Groups II and III are excepted material in the § 172.101 Table or in a packaging section in this part. December 31, 2013, § 172.316 of this from labeling requirements, unless the subchapter. material is offered for transportation or (b) Packagings for limited quantity and ORM–D are specified according to ■ 45. Section 173.161 is revised to read transported by aircraft, and are excepted as follows: from the specification packaging hazard class in §§ 173.150 through requirements of this subchapter when 173.155 and in § 173.306. In addition to § 173.161 Chemical kits and first aid kits. other exceptions provided for limited packaged in combination packagings (a) Applicability. Chemical kits and quantity and ORM–D materials in this according to this paragraph. Unless first aid kits contain one or more otherwise specified in paragraph (c) of part: (1) Strong outer packagings as compatible items of hazardous materials this section, packages of limited specified in this part, marking in boxes, cases, etc. that, for example, quantities intended for transportation by requirements specified in subpart D of are used for medical, analytical, aircraft must conform to the applicable part 172 of this subchapter, and the 30 diagnostic, testing, or repair purposes. requirements (e.g., authorized materials, kg (66 pounds) gross weight limitation (b) Authorized materials. (1) The kits inner packaging quantity limits and are not required for packages of limited may only contain hazardous materials closure securement) of § 173.27 of this quantity materials marked in for which packaging exceptions are part. A limited quantity package that accordance with § 172.315 of this provided in column 8(A) of the conforms to the provisions of this subchapter, or, until December 31, 2013, § 172.101 Hazardous Materials Table in section is not subject to the shipping materials classed and marked as ORM– this subchapter. For transportation by paper requirements of subpart C of part D and described as a Consumer aircraft, the kits may only contain 172 of this subchapter, unless the commodity, as defined in § 171.8 of this quantities of hazardous materials material meets the definition of a subchapter, when— authorized as excepted quantities or as hazardous substance, hazardous waste, (i) Unitized in cages, carts, boxes or limited quantities in §§ 173.4a and marine pollutant, or is offered for similar overpacks; 173.27(f) of this part, respectively. transportation and transported by (ii) Offered for transportation or Materials forbidden for transportation aircraft or vessel, and is eligible for the transported by: by passenger aircraft or cargo aircraft exceptions provided in § 173.156 of this (A) Rail; may not be included in the kits. part. In addition, packages of limited (B) Private or contract motor carrier; (2) The packing group assigned to the quantities are not subject to subpart F or chemical kit and first aid kit as a whole (Placarding) of part 172 of this (C) Common carrier in a vehicle under must be the most stringent packing subchapter. Each package must conform exclusive use for such service; and group assigned to any individual

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substance in the kit and must be shown (6) The kits must include sufficient peroxide which does not require on the shipping paper, if applicable, in absorbent material to completely absorb temperature control)— accordance with subpart C of Part 172 the contents of any liquid hazardous (1) The organic peroxide component of this subchapter. materials contained in the kits. The must be packed in inner packagings not (c) Packaging. Except for contents must be separated, placed, or over 125 mL (4.22 ounces) net capacity transportation by aircraft or vessel, packed, and closed with cushioning each for liquids or 500 g (17.64 ounces) chemical kits and first aid kits must be material to protect them from damage; net capacity each for solids; packaged in combination packagings and (2) The flammable liquid component conforming to the packaging (7) The contents of the kits must be must be packed in inner packagings not requirements of subpart B of this part. packed so there will be no possibility of over 5 L (1.3 gallons) net capacity each For transportation by aircraft or vessel, the mixture of contents causing for Packing Group II or III liquid; and chemical kits and first aid kits must be dangerous evolution of heat or gas. (3) The flammable liquid component packaged in specification combination (d) Exceptions. (1)(i) Chemical kits and the organic peroxide component packagings based on the performance and first aid kits are eligible for the may be packed in the same strong outer level of the most stringent packing excepted quantity exceptions provided packaging provided they will not group of material contained within the in §§ 173.4 and 173.4a of this part. For interact dangerously in the event of kit. For transportation by aircraft, transportation by aircraft, chemical kits leakage. friction-type closures must be secured and first aid kits are eligible for the (b) For transportation by aircraft, by secondary means and inner limited quantity provisions provided in polyester resin kits consisting of a base packagings intended to contain liquids § 173.27(f) of this part. For inner material component (Class 3, Packing must be capable of meeting the pressure packaging quantity limits, see Group II or III) and an activator differential requirements prescribed in § 173.27(f), Table 3. component (Type D, E, or F organic peroxide which does not require § 173.27(c) of this subchapter. Inner and (ii) A package conforming to the temperature control)— outer packaging quantity limits for provisions of this section is not subject packages are as follows: (1) The organic peroxide component to the shipping paper requirements of is limited to a quantity of 125 mL (4.22 (1) Except for liquids of Division 5.2 subpart C of part 172 of this subchapter, ounces) per inner packaging if liquid, (organic peroxide), inner packagings unless the material meets the definition and 500 g (1 pound) if solid. The base containing not more than 250 mL. of a hazardous substance, hazardous material is limited to a quantity of 5 L Except for transportation by aircraft, for waste, marine pollutant, or is offered for (1.3 gallons) in metal or plastic inner Division 5.2 (organic peroxide) liquids transportation and transported by packagings and 1 L (0.3 gallons) in glass of Type B and C, inner packagings aircraft or vessel. Chemical kits and inner packagings; containing not more than 25 mL and for First aid kits conforming to this section (2) The components may be placed in Division 5.2 (organic peroxide) liquids may be marked as a limited quantity as the same outer packaging provided they of Type D, E and F, inner packagings prescribed in § 172.315 of this will not interact dangerously in the containing not more than 125 mL. For subchapter and, if applicable, are event of leakage; transportation by aircraft, for Division eligible for the exceptions provided in (3) Packing group will be II or III, 5.2 (organic peroxide) liquids of Type D, § 173.156 of this part. Additionally, according to the criteria for Class 3, E and F (only), inner packagings chemical and first aid kits conforming to applied to the base material. containing not more than 125 mL; this section are not subject to part 174 Additionally, unless otherwise excepted (2) Except for solids of Division 5.2 (carriage by rail) or part 177 (carriage by in this subchapter, polyester resin kits (organic peroxide) of Type B and C, highway) of this subchapter when must be packaged in specification inner packagings containing not more marked in accordance with § 172.315 of combination packagings based on the than 250 g. Except for transportation by this subchapter. performance level required of the base aircraft, for a Division 5.2 (organic (2) Consumer commodities. Until material (II or III) contained within the peroxide) solid of Type B and C, inner December 31, 2013, a limited quantity kit; packagings containing not more than package containing a ‘‘consumer (4) Closures must be secured by 100 g. For transportation by aircraft, for commodity’’ as defined in § 171.8 of this secondary means; a Division 5.2 (organic peroxide) solid subchapter may be renamed ‘‘Consumer (5) Inner packagings intended to of Type D, E and F (only), inner commodity’’ and reclassed as ORM–D contain liquids must be capable of packagings containing not more than or, until December 31, 2012, ORM–D– meeting the pressure differential 250 g; AIR material and offered for requirements prescribed in § 173.27(c) (3) No more than 10 L or 10 kg of transportation and transported in of this part; and hazardous material may be contained in accordance with the applicable (6) Except as provided in paragraph one outer package (excluding dry ice). provisions of this subchapter in effect (b) of this section, exceptions for For transportation by aircraft, no more on October 1, 2010. polyester resin kits intended for than 1 L or 1 kg of hazardous material (3) Kits that are carried on board transportation by aircraft are provided may be contained in one kit (excluding transport vehicles for first aid or in §§ 173.4a (excepted quantities) and dry ice); operating purposes are not subject to the 173.27(f) (limited quantities) of this (4) Each package must conform to the requirements of this subchapter. part. packaging requirements of subpart B of ■ 46. Section 173.165 is added to read (c) Consumer commodities. Until this part and may not exceed 30 kg (66 as follows: December 31, 2013, a limited quantity pounds) gross weight; package containing a ‘‘consumer (5) Except for Carbon dioxide, solid § 173.165 Polyester resin kits. commodity’’ as defined in § 171.8 of this (Dry ice), UN1845, no other hazardous (a) Except for transportation by subchapter may be renamed ‘‘Consumer materials may be packed within the aircraft, polyester resin kits consisting of commodity’’ and reclassed as ORM–D same outer packaging as the kits. Dry ice a base material component (Class 3, or, until December 31, 2012, ORM–D– must be packaged in accordance with Packing Group II or III) and an activator AIR material and offered for § 173.217 of this subchapter; component (Type D, E, or F organic transportation and transported in

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accordance with the applicable vehicle or equipment, or any must be left disconnected upon delivery provisions of this subchapter in effect combination thereof, is subject to the of the vehicle to the operator. Shut-off on October 1, 2010. requirements of this subchapter when valves must be closed and lines ■ 47. Section § 173.167 is added to read transported as cargo on a transport reconnected at gas regulators before as follows: vehicle, vessel, or aircraft if— loading the vehicle aboard the aircraft; (1) The engine contains a liquid or or alternatively; § 173.167 Consumer commodities. gaseous fuel. An engine may be (B) Flammable gas powered vehicles, (a) Effective January 1, 2013, a considered as not containing fuel when machines or equipment, which have ‘‘ ’’ consumer commodity (see § 171.8 of the engine components and any fuel cylinders (fuel tanks) that are equipped this subchapter) when intended for lines have been completed drained, with electrically operated valves, may transportation by aircraft may only sufficiently cleaned of residue, and be transported under the following include articles or substances of Class 2 purged of vapors to remove any conditions: (non-toxic aerosols only), Class 3 potential hazard and the engine when (1) The valves must be in the closed (Packing Group II and III only), Division held in any orientation will not release position and in the case of electrically 6.1 (Packing Group III only), UN3077, any liquid fuel; operated valves, power to those valves UN3082, and UN3175, provided such (2) The fuel tank contains a liquid or must be disconnected; materials do not have a subsidiary risk gaseous fuel. A fuel tank may be (2) After closing the valves, the and are authorized aboard a passenger- considered as not containing fuel when carrying aircraft. Friction-type closures vehicle, equipment or machinery must the fuel tank and the fuel lines have be operated until it stops from lack of must be secured by secondary means. been completed drained, sufficiently Inner packagings intended to contain fuel before being loaded aboard the cleaned of residue, and purged of vapors aircraft; liquids must be capable of meeting the to remove any potential hazard; pressure differential requirements (75 (3) In no part of the closed system (3) It is equipped with a wet battery shall the pressure exceed 5% of the kPa) prescribed in § 173.27(c) of this (including a non-spillable battery), a part. Consumer commodities are maximum allowable working pressure sodium battery or a lithium battery; or of the system or 290 psig (2000 kPa), excepted from the specification (4) Except as provided in paragraph whichever is less; and packaging requirements of this (f)(1) of this section, it contains other (4) There must not be any residual subchapter and each completed package hazardous materials subject to the liquefied gas in the system, including must conform to subpart B of part. requirements of this subchapter. Packages of consumer commodities (b) Requirements. Unless otherwise the fuel tank. must also be capable of withstanding a excepted in paragraph (b)(4) of this (3) Truck bodies or trailers on flat 1.2 m drop on solid concrete in the section, vehicles, engines, and cars—flammable liquid or gas powered. position most likely to cause damage equipment are subject to the following Truck bodies or trailers with automatic and a 24-hour stack test. Inner and outer requirements: heating or refrigerating equipment of the packaging quantity limits for consumer (1) Flammable liquid fuel. A fuel tank flammable liquid type may be shipped commodities are as follows: containing a flammable liquid fuel must with fuel tanks filled and equipment (1) Non-toxic aerosols, as defined in be drained and securely closed, except operating or inoperative, when used for § 171.8 of this subchapter and that up to 500 mL (17 ounces) of the transportation of other freight and constructed in accordance with residual fuel may remain in the tank, loaded on flat cars as part of a joint rail § 173.306 of this part, in non-refillable, engine components, or fuel lines and highway movement, provided the non-metal containers not exceeding 120 provided they are securely closed to equipment and fuel supply conform to mL (4 fluid ounces) each, or in non- prevent leakage of fuel during the requirements of § 177.834(l) of this refillable metal containers not exceeding transportation. Self-propelled vehicles subchapter. 820 mL (28 ounces) each, except that containing diesel fuel are excepted from (4) Modal exceptions. Quantities of flammable aerosols may not exceed 500 the requirement to drain the fuel tanks, flammable liquid fuel greater than 500 mL (16.9 ounces) each; or provided that sufficient ullage space has mL (17 ounces) may remain in the fuel (2) Liquids, in inner packagings not been left inside the tank to allow fuel tank in self-propelled vehicles and exceeding 500 mL (16.9 ounces) each; or expansion without leakage, and the tank mechanical equipment only under the (3) Solids, in inner packagings not caps are securely closed. following conditions: exceeding 500 g (1.0 pounds) each; or (2) Flammable liquefied or (i) For transportation by motor vehicle (4) Any combination thereof. compressed gas fuel. (i) For or rail car, the fuel tanks must be (b) Inner packagings are to be placed transportation by motor vehicle, rail car securely closed. in an outer packaging not to exceed 30 or vessel, fuel tanks and fuel systems (ii) For transportation by vessel, the kg (66 pounds) gross weight as prepared containing flammable liquefied or shipment must conform to § 176.905 of for shipment. compressed gas fuel must be securely this subchapter. ■ 48. Section 173.220 is revised to read closed. For transportation by vessel, the (iii) For transportation by aircraft, as follows: requirements of §§ 176.78(k) and when carried in aircraft designed or § 173.220 Internal combustion engines, 176.905 of this subchapter apply. modified for vehicle ferry operations self-propelled vehicles, mechanical (ii) For transportation by aircraft: when all the following conditions must equipment containing internal combustion (A) Flammable gas-powered vehicles, be met: engines, battery-powered equipment or machines, equipment or cylinders (A) Authorization for this type machinery, fuel cell-powered equipment or containing the flammable gas must be operation has been given by the machinery. completely emptied of flammable gas. appropriate authority in the government (a) Applicability. An internal Lines from vessels to gas regulators, and of the country in which the aircraft is combustion engine, self-propelled gas regulators themselves, must also be registered; vehicle, mechanized equipment drained of all traces of flammable gas. (B) Each vehicle is secured in an containing an internal combustion To ensure that these conditions are met, upright position; engine, a battery-powered vehicle or gas shut-off valves must be left open and (C) Each fuel tank is filled in a equipment, or a fuel cell-powered connections of lines to gas regulators manner and only to a degree that will

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preclude spillage of fuel during loading, prevent damage to the fuel cell. contained fluid must be sealed with unloading, and transportation; and Equipment (other than vehicles, engines leak-proof caps that are positively (D) Each area or compartment in or mechanical equipment) such as retained. When offered for which a self-propelled vehicle is being consumer electronic devices containing transportation by aircraft, vehicles transported is suitably ventilated to fuel cells (fuel cell cartridges) must be equipped with theft-protection devices, prevent the accumulation of fuel vapors. described as ‘‘Fuel cell cartridges installed radio communications (c) Battery-powered or installed. contained in equipment’’ and equipment or navigational systems must Batteries must be securely installed, and transported in accordance with have such devices, equipment or wet batteries must be fastened in an § 173.230 of this subchapter. systems disabled. upright position. Batteries must be (f) Other hazardous materials. (1) (h) Exceptions. Except as provided in protected against a dangerous evolution Items containing hazardous materials, paragraph (f)(2) of this section, of heat, short circuits, and damage to such as fire extinguishers, compressed shipments made under the provisions of terminals in conformance with gas accumulators, safety devices and this section— § 173.159(a) and leakage; or must be other hazardous materials that are (1) Are not subject to any other removed and packaged separately under integral components of the motor requirements of this subchapter for § 173.159. Battery-powered vehicles, vehicle, engine or mechanical transportation by motor vehicle or rail machinery or equipment including equipment and that are necessary for the car; and battery-powered wheelchairs and operation of the vehicle, engine or (2) Are not subject to the requirements mobility aids are not subject to any mechanical equipment, or for the safety of subparts D, E and F (marking, other requirements of this subchapter of its operator or passengers, must be labeling and placarding, respectively) of except § 173.21 of this subchapter when securely installed in the motor vehicle, part 172 of this subchapter or § 172.604 transported by rail, highway or vessel. engine or mechanical equipment. Such of this subchapter (emergency response (d) Lithium batteries. Except as items are not otherwise subject to the telephone number) for transportation by provided in § 172.102, Special Provision requirements of this subchapter. vessel or aircraft. For transportation by A101 of this subchapter, vehicles, Equipment (other than vehicles, engines aircraft, the provisions of § 173.159(b)(2) engines and machinery powered by or mechanical equipment) containing of this part as applicable, the provisions lithium metal batteries that are lithium batteries must be described as of § 173.230(f), as applicable, other transported with these batteries ‘‘Lithium batteries contained in applicable requirements of this installed are forbidden aboard equipment’’ and transported in subchapter, including shipping papers, passenger-carrying aircraft. Lithium accordance with § 173.185 of this emergency response information, batteries contained in vehicles, engines subchapter and applicable special notification of pilot-in-command, or mechanical equipment must be provisions. Equipment (other than general packaging requirements, and the securely fastened in the battery holder vehicles, engines or mechanical requirements specified in § 173.27 of of the vehicle, engine or mechanical equipment) such as consumer electronic this subchapter must be met. For equipment and be protected in such a devices containing fuel cells (fuel cell transportation by vessel, additional manner as to prevent damage and short cartridges) must be described as ‘‘Fuel exceptions are specified in § 176.905 of circuits (e.g., by the use of non- cell cartridges contained in equipment’’ this subchapter. conductive caps that cover the terminals and transported in accordance with ■ 49. In § 173.225: entirely). Lithium batteries must be of a § 173.230 of this subchapter. ■ a. In paragraph (c)(8), the Organic type that have successfully passed each (2) Other hazardous materials must be Peroxide Table is amended by removing test in the UN Manual of Tests and packaged and transported in accordance the entries under the [REMOVE] Criteria as specified in § 173.185 of this with the requirements of this heading and adding entries under the subchapter, unless approved by the subchapter. [ADD] heading in the table below. Associate Administrator. Equipment (g) Additional requirements for ■ b. In paragraph (e), the Organic (other than vehicles, engines or internal combustion engines and Peroxide IBC Table is amended by mechanical equipment) containing vehicles with certain electronic revising the entry for ‘‘Peroxyacetic acid, lithium batteries, must be described as equipment when transported by aircraft stabilized, not more than 17%’’ under ‘‘Lithium ion batteries contained in or vessel. When an internal combustion ‘‘3109 ORGANIC PEROXIDE, TYPE F, equipment’’ or ‘‘Lithium metal batteries engine that is not installed in a vehicle LIQUID’’. contained in equipment,’’ as or equipment is offered for appropriate, and transported in transportation by aircraft or vessel, all § 173.225 Packaging requirements and accordance with § 173.185 and fuel, coolant or hydraulic systems other provisions for organic peroxides. applicable special provisions. remaining in the engine must be drained * * * * * (e) Fuel cells. A fuel cell must be as far as practicable, and all (c) * * * secured and protected in a manner to disconnected fluid pipes that previously (8) * * *

ORGANIC PEROXIDE TABLE

Diluent Diluent Diluent Water Temp Technical name ID No. Concent. (mass (mass (mass (mass Packing Temp emer- Notes (mass %) %) A %) B %) I %) method control gency

(1) (2) (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8)

[REMOVE] ......

******* Di-(2-tert-butylperoxyisopropyl) UN3106 > 42–100 ...... ≤ 57 ...... OP7 ...... 1, 9 benzene(s).

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ORGANIC PEROXIDE TABLE—Continued

Diluent Diluent Diluent Water Temp Technical name ID No. Concent. (mass (mass (mass (mass Packing Temp emer- Notes (mass %) %) A %) B %) I %) method control gency

(1) (2) (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8)

Di-(2-tert-butylperoxyisopropyl) Exempt ≤ 42 ...... ≥ 58 ...... Exempt ...... benzene(s).

******* 2,5-Dimethyl-2,5-di-(tert- UN3105 > 52–100 ...... OP7 ...... butylperoxy)hexane.

******* [ADD] ......

******* Di-(tert-butylperoxyisopropyl) UN3106 > 42–100 ...... ≤ 57 ...... OP7 ...... 1, 9 benzene(s). Di-(tert-butylperoxyisopropyl) Exempt ≤ 42 ...... ≥ 58 ...... Exempt ...... benzene(s).

******* 2,5-Dimethyl-2,5-di-(tert- UN3103 > 90–100 ...... OP5 ...... butylperoxy)hexane. 2,5-Dimethyl-2,5-di-(tert- UN3105 > 52—90 ≥ 10 ...... OP7 ...... butylperoxy)hexane.

*******

* * * * * (e) ** *

ORGANIC PEROXIDE IBC TABLE

Emer- Maximum gency UN No. Organic peroxide Type of IBC quantity Control tem- (liters) temperature pera- ture

******* 3109 ...... ORGANIC PEROXIDE, TYPE F, LIQUID ......

******* Peroxyacetic acid, stabilized, not more than 17% ...... 31A 1500 ...... 31H1 1500 ...... 31H2 1500 ...... 31HA1 1500 ......

*******

* * * * * must conform to the packaging and vessel, the following combination ■ 50. In § 173.230, paragraphs (g) and requirements of subpart B of this part packagings are authorized: (h) are revised to read as follows: and may not exceed 30 kg (66 pounds) (1) For flammable liquids, in fuel cell gross weight. Except as authorized in cartridges containing not more than 1.0 § 173.230 Fuel cell cartridges containing paragraph (h) of this section, a package L (0.3 gallon) per cartridge, packed in hazardous material. containing a limited quantity of fuel cell strong outer packaging. * * * * * cartridges must be marked as specified (2) For water-reactive substances (g) Limited quantities. Limited in § 172.315 of this subchapter and, for (Division 4.3 Dangerous when wet quantities of hazardous materials transportation by highway or rail, is not material), in fuel cell cartridges contained in fuel cell cartridges are subject to the shipping paper containing not more than 0.5 L (16.9 excepted from the labeling requirements of subpart C of part 172 of fluid ounces) for liquids or not over 0.5 requirements, unless the cartridges are this subchapter, unless the material kg (1.1 pound) for solids per cartridge, offered for transportation or transported meets the definition of a hazardous packed in strong outer packaging. by aircraft, and from the placarding and substance, hazardous waste, or marine (3) For corrosive materials, in fuel cell specification packaging requirements of pollutant, and are eligible for the cartridges containing not more than 1.0 this subchapter when packaged exceptions provided in § 173.156 of L (0.3 gallon) for liquids or not more according to this section. Each package part. For transportation by highway, rail than 1.0 kg (2.2 pounds) for solids per

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cartridge, packed in strong outer exceptions provided in § 173.156 of this that person has been specifically packaging. part. informed of the requirements of this (4) For liquefied (compressed) ■ 51. In § 173.301b, paragraphs (c)(2)(iii) section. flammable gas, in fuel cell cartridges not and (e) are revised to read as follows: (i) Limited quantities. (1) A limited over 120 mL (4 fluid ounces) net quantity that conforms to the provisions § 173.301b Additional general capacity per cartridge, packed in strong requirements for shipment of UN pressure of paragraph (a)(1), (a)(3), (a)(5), (b) or, outer packaging. receptacles. except for transportation by aircraft, (5) For hydrogen in metal hydride, in paragraph (h) of this section is excepted * * * * * fuel cell cartridges not over 120 mL (4 (c) * * * from labeling requirements, unless the fluid ounces) net capacity per cartridge, (2) * * * material is offered for transportation or packed in strong outer packaging. (iii) By protecting the valves by transported by aircraft, and the (6) For transportation by aircraft, the shrouds or guards conforming to the specification packaging requirements of following combination packagings are requirements in ISO 11117 (IBR; see this subchapter when packaged in authorized: § 171.7 of this subchapter). For metal combination packagings according to (i) For flammable liquids, in fuel cell hydride storage systems, by protecting this paragraph. Packages must be cartridges containing not more than 0.5 the valves in accordance with the marked in accordance with § 172.315(a) L (16.9 fluid ounces) per cartridge, requirements in ISO 16111 (IBR; see or (b), as appropriate, or as authorized packed in strong outer packaging. § 171.7 of this subchapter). in paragraph (i)(2) of this section. Additionally, each package may contain Unless otherwise specified in paragraph * * * * * (i)(2) of this section, packages of limited no more than 2.5 kg (net mass) of fuel (e) Pyrophoric gases. A UN pressure quantities intended for transportation by cell cartridges. receptacle must have valve outlets aircraft must conform to the applicable (ii) For water-reactive substances equipped with gas-tight plugs or caps requirements (e.g., authorized materials, (Division 4.3 Dangerous when wet when used for pyrophoric or flammable inner packaging quantity limits and material), in fuel cell cartridges mixtures of gases containing more than closure securement) of § 173.27 of this containing not more than 200 g (0.4 1% pyrophoric compounds. When UN part. A limited quantity package that pounds) of solid fuel per cartridge, pressure receptacles are manifolded in a conforms to the provisions of this packed in strong outer packaging. bundle, each of the pressure receptacles section is not subject to the shipping Additionally, each package may contain must be equipped with an individual paper requirements of subpart C of part no more than 2.5 kg (net mass) of fuel valve that must be closed while in 172 of this subchapter, unless the cell cartridges. transportation, and the outlet of the material meets the definition of a (iii) For corrosive materials, in fuel manifold valve must be equipped with hazardous substance, hazardous waste, cell cartridges containing not more than a pressure retaining gas-tight plug or marine pollutant, or is offered for 200 mL (6.7 fluid ounces) for liquids or cap. Gas-tight plugs or caps must have transportation and transported by not more than 200 g (0.4 pounds) for threads that match those of the valve aircraft or vessel, and is eligible for the solids per cartridge packed in strong outlets. outer packaging. Additionally, each exceptions provided in § 173.156 of this package may contain no more than 2.5 * * * * * part. Outside packagings conforming to ■ 52. In § 173.306, paragraphs (h)(2), (i), kg (net mass) of fuel cell cartridges. this paragraph are not required to be and (l) are revised to read as follows: (iv) For liquefied (compressed) marked ‘‘INSIDE CONTAINERS flammable gas, in fuel cell cartridges not § 173.306 Limited quantities of COMPLY WITH PRESCRIBED over 120 mL (4 fluid ounces) net compressed gases. REGULATIONS.’’ In addition, packages capacity per cartridge, packed in strong * * * * * of limited quantities are not subject to outer packaging. Additionally, each (h) * * * subpart F (Placarding) of part 172 of this package may contain no more than 0.5 (2) Exceptions. (i) For other than subchapter. Each package must conform kg (net mass) of fuel cell cartridges. transportation by aircraft, special to the packaging requirements of (v) For hydrogen in metal hydride, in exceptions for shipment of lighter refills subpart B of this part and may not fuel cell cartridges not over 120 mL (4 in the ORM–D class are provided in exceed 30 kg (66 pounds) gross weight. fluid ounces) net capacity per cartridge, paragraph (i) of this section. (2) Until December 31, 2013, a limited packed in strong outer packaging. (ii) For highway transportation, when quantity package containing a Additionally, each package may contain no more than 1,500 lighter refills ‘‘consumer commodity’’ as defined in no more than 0.5 kg (net mass) of fuel covered by this paragraph are § 171.8 of this subchapter may be cell cartridges. transported in one motor vehicle, the renamed ‘‘Consumer commodity’’ and (h) Consumer commodities. Until requirements of subparts C through H of reclassed as ORM–D or ORM–D–AIR December 31, 2013, except for part 172, and Part 177 of this subchapter material and offered for transportation transportation by aircraft, a limited do not apply. Lighter refills covered and transported in accordance with the quantity that conforms to the provisions under this paragraph must be packaged applicable provisions of this subchapter of paragraph (g) of this section and is in rigid, strong outer packagings in effect on October 1, 2010. also a ‘‘consumer commodity’’ as meeting the general packaging * * * * * defined in § 171.8 of this subchapter on requirements of subpart B of this part. (l) For additional exceptions, see October 1, 2010 may be renamed Outer packagings must be plainly and § 173.307. ‘‘Consumer commodity’’ and reclassed durably marked on two opposing sides ■ 53. In § 173.307, paragraph (a)(6) is as ORM–D. Shipments of ORM–D or ends with the words ‘‘LIGHTER added to read as follows: materials are not subject to the shipping REFILLS’’ and the number of devices paper requirements of subpart C of part contained therein in letters measuring at § 173.307 Exceptions for compressed 172 of this subchapter, unless the least 20 mm (0.79 in) in height. No gases. material meets the definition of a person may offer for transportation or (a) * * * hazardous substance, hazardous waste, transport the lighter refills or prepare (6) Light bulbs, provided they are marine pollutant, and are eligible for the the lighter refills for shipment unless packaged so that the projectile effects of

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any rupture of the bulb will be (3) Aerosols of Division 2.2 only (for labeled, filled, and maintained as contained within the package. dispensing of food products), alcoholic prescribed by this subchapter; * * * * * beverages, colognes, liquefied gas (ii) Each battery used is of the ■ 54. Section 173.311 is added to read lighters, and perfumes carried aboard a nonspillable type; as follows: passenger-carrying aircraft by the (iii) The unit is constructed so that operator for use or sale on that specific valves, fittings, and gauges are protected § 173.311 Metal hydride storage systems. aircraft. * * * from damage; The following packing instruction is * * * * * (iv) The pilot-in-command is advised applicable to transportable UN Metal ■ 58. Section 175.9 is revised to read as when the unit is on board, and when it hydride storage systems (UN3468) with follows: is intended for use; pressure receptacles not exceeding 150 § 175.9 Special aircraft operations. (v) The unit is accompanied by a liters (40 gallons) in water capacity and person qualified to operate it; having a maximum developed pressure (a) This subchapter applies to (vi) The unit is secured in the aircraft not exceeding 25 MPa. Metal hydride rotorcraft external load operations in a manner that does not restrict access storage systems must be designed, transporting hazardous material on to or use of any required emergency or constructed, initially inspected and board, attached to, or suspended from regular exit or of the aisle in the tested in accordance with ISO 16111 an aircraft. Operators must have all passenger compartment; and, (IBR, see § 171.7 of this subchapter) as applicable requirements prescribed in authorized under § 178.71(f) of this 14 CFR Part 133 approved by the FAA (vii) Smoking within 3 m (10 feet) of subchapter. Steel pressure receptacles or Administrator prior to accepting or the unit is prohibited. composite pressure receptacles with transporting hazardous material. In (6) Hazardous materials that are steel liners must be marked in addition, rotorcraft external load loaded and carried on or in cargo only accordance with § 173.301b(f) of this operations must be approved by the aircraft, and that are to be dispensed or part which specifies that a steel UN Associate Administrator prior to the expended during flight for weather pressure receptacle bearing an ‘‘H’’ mark initiation of such operations. control, environmental restoration or must be used for hydrogen bearing gases (b) Exceptions. This subchapter does protection, forest preservation and or other gases that may cause hydrogen not apply to the following materials protection, fire fighting and prevention, embrittlement. Requalification intervals used for special aircraft operations flood control, or avalanche control must be no more than every five years when applicable FAA operator purposes, when the following as specified in § 180.207 of this requirements have been met, including requirements are met: subchapter in accordance with the training operator personnel on the (i) Operations may not be conducted requalification procedures prescribed in proper handling and stowage of the over densely populated areas, in a ISO 16111. hazardous materials carried: congested airway, or near any airport ■ 55. In 173.322, paragraph (e) is added (1) Hazardous materials loaded and where carrier passenger operations are to read as follows: carried in hoppers or tanks of aircraft conducted. certificated for use in aerial seeding, (ii) Each operator must prepare and § 173.322 Ethyl chloride. dusting spraying, fertilizing, crop keep current a manual containing * * * * * improvement, or pest control, to be operational guidelines and handling (e) In capsules under the following dispensed during such an operation. procedures, for the use and guidance of conditions: (2) Parachute activation devices, flight, maintenance, and ground (1) The mass of gas must not exceed lighting equipment, oxygen cylinders, personnel concerned in the dispensing 150 g (5.30 ounces) per capsule; flotation devices, smoke grenades, or expending of hazardous materials. (2) The capsule must be free of faults flares, or similar devices carried during The manual must be approved by the liable to impair its strength; a parachute operation. FAA Principal Operations Inspector (3) The leakproofness integrity of the (3) Smoke grenades, flares, and assigned to the operator. pyrotechnic devices affixed to aircraft closure must be maintained by a (iii) No person other than a required during any flight conducted as part of a secondary means (e.g., cap, crown, seal, flight crewmember, FAA inspector, or scheduled air show or exhibition of binding, etc.) capable of preventing any person necessary for handling or aeronautical skill. The aircraft may not leakage of the closure while in dispensing the hazardous material may carry any persons other than required transportation; and be carried on the aircraft. flight crewmembers. The affixed (4) The capsules must be placed in a (iv) The operator of the aircraft must strong outer packaging suitable for the installation accommodating the smoke grenades, flares, or pyrotechnic devices have advance permission from the contents and may not exceed a gross owner of any airport to be used for the mass of 75 kg (165 pounds). on the aircraft must be approved for its intended use by the FAA Flight dispensing or expending operation. PART 175—CARRIAGE BY AIRCRAFT Standards District Office having (v) When Division 1.1, 1.2, and 1.3 materials (except detonators and ■ responsibility for that aircraft. 56. The authority citation for part 175 (4) Hazardous materials are carried detonator assemblies) and detonators or continues to read as follows: and used during dedicated air detonator assemblies are carried for Authority: 49 U.S.C. 5101–5128; 44701; 49 ambulance, fire fighting, or search and avalanche control flights, the explosives CFR 1.45 and 1.53. rescue operations. must be handled by, and at all times be ■ 57. In § 175.8, in paragraph (b)(3), the (5) A transport incubator unit under the control of, a qualified blaster. first sentence is revised to read as necessary to protect life or an organ When required by a State or local follows: preservation unit necessary to protect authority, the blaster must be licensed human organs, carried in the aircraft and the State or local authority must be § 175.8 Exceptions for operator equipment cabin, provided: identified in writing to the FAA and items of replacement. (i) The compressed gas used to Principal Operations Inspector assigned * * * * * operate the unit is in an authorized DOT to the operator. (b) * * * specification cylinder and is marked, ■ 59. In § 175.10:

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■ a. Paragraphs (a)(17) and (18) are crew member, when transported in or corrosive material (Class 8) may be redesignated as paragraphs (a)(18) and carry-on baggage for personal use under transported in checked baggage. (19), respectively; the following conditions: (xii) Spare fuel cell cartridges ■ b. New paragraph (a)(17) is added; and (i) Fuel cell cartridges may contain containing liquefied flammable gas ■ c. Newly redesignated paragraph only Division 2.1 liquefied flammable (Division 2.1), hydrogen in a metal (a)(19) is revised. gas, or hydrogen in a metal hydride, hydride (Division 2.1) or water reactive The addition and revision read as Class 3 flammable liquids (including material (Division 4.3) may only be follows: methanol), Division 4.3 water reactive transported in carry-on baggage. substances, or Class 8 corrosive * * * * * § 175.10 Exceptions for passengers, ■ crewmembers, and air operators. materials; 60. Section 175.25 is revised to read (ii) The maximum water capacity of a as follows: (a) * * * fuel cell cartridge for hydrogen in a (17) A lithium ion battery-powered metal hydride may not exceed 120 mL § 175.25 Notification at air passenger wheelchair or other mobility aid as facilities of hazardous materials (4 fluid ounces). The maximum quantity restrictions. follows: of fuel in all other fuel cell cartridge (i) A wheelchair or other mobility aid types may not exceed: (a) Each person who engages in for- equipped with a lithium ion battery, (A) 200 mL (6.76 ounces) for liquids; hire air transportation of passengers when carried as checked baggage, (B) 120 mL (4 fluid ounces) for must display notices of the provided— liquefied gases in non-metallic fuel cell requirements applicable to the carriage (A) The lithium ion battery must be of cartridges, or 200 mL (6.76 ounces) for of hazardous materials aboard aircraft, a type that successfully passed each test liquefied gases in metal fuel cell and the penalties for failure to comply in the UN Manual of Tests and Criteria cartridges; or with those requirements in accordance as specified in § 173.185 of this (C) 200 g (7 ounces) for solids. with this section. Each notice must be subchapter, unless approved by the (iii) No more than two spare fuel cell legible, and be prominently displayed Associate Administrator; cartridges may be carried by a so it can be seen by passengers in (B) Visual inspection including passenger; locations where the aircraft operator removal of the battery, where necessary, (iv) Fuel cells containing fuel are issues tickets, checks baggage, and reveals no obvious defects (removal of permitted in carry-on baggage only; maintains aircraft boarding areas. At a the battery from the housing should be (v) Fuel cell cartridges containing minimum, each notice must performed by qualified airline personnel hydrogen in a metal hydride must meet communicate the following information: only); the requirements in § 173.230(d); (1) Federal law forbids the carriage of (C) Battery terminals must be (vi) Fuel cell cartridges may not be hazardous materials aboard aircraft in protected from short circuits (e.g., by refillable by the user. Refueling of fuel your luggage or on your person. A being enclosed within a battery cell systems is not permitted except that violation can result in five years’ container that is securely attached to the the installation of a spare cartridge is imprisonment and penalties of $250,000 mobility aid); allowed. Fuel cell cartridges that are or more (49 U.S.C. 5124). Hazardous (D) The pilot-in-command is advised, used to refill fuel cell systems but that materials include explosives, either orally or in writing, prior to are not designed or intended to remain compressed gases, flammable liquids departure, as to the location of the installed (fuel cell refills) in a portable and solids, oxidizers, poisons, wheelchair or mobility aid aboard the electronic device are not permitted; corrosives and radioactive materials. aircraft; and (vii) Fuel cell systems and fuel cell Examples: Paints, lighter fluid, (E) The wheelchair or mobility aid is cartridges must conform to IEC/PAS fireworks, tear gases, oxygen bottles, loaded, stowed, secured and unloaded 62282–6–1 (IBR; see § 171.7 of this and radio-pharmaceuticals. in an upright position and in a manner subchapter); (2) There are special exceptions for that prevents unintentional activation (viii) Interaction between fuel cells small quantities (up to 70 ounces total) and protects it from damage. and integrated batteries in a device must of medicinal and toilet articles carried (F) A lithium metal battery is conform to IEC/PAS 62282–6–1 (IBR, in your luggage and certain smoking forbidden aboard a passenger-carrying see § 171.7 of this subchapter). Fuel cell materials carried on your person. For aircraft. systems for which the sole function is further information contact your airline (ii) A wheelchair or other mobility aid to charge a battery in the device are not representative. when carried as checked or carry-on permitted; (b) Ticket purchase. An aircraft baggage, provided— (ix) Fuel cell systems must be of a operator must ensure that information (A) The wheelchair or other mobility type that will not charge batteries when on the types of hazardous materials aid is designed and constructed in a the consumer electronic device is not in specified in paragraph (a) of this section manner to allow for stowage in either a use; and a passenger is permitted and forbidden cargo compartment or in the passenger (x) Each fuel cell cartridge and system to transport aboard an aircraft is cabin; that conforms to the requirements in provided at the point of ticket purchase. (B) The lithium ion battery is this paragraph (a)(18) must be durably During the purchase process, regardless removed; and marked by the manufacturer with the if the process is completed remotely (C) The lithium ion battery and any wording: ‘‘APPROVED FOR CARRIAGE (e.g., via the Internet or phone) or when spare batteries are carried in the same IN AIRCRAFT CABIN ONLY’’ to certify completed at the airport, with or manner as spare batteries in paragraph that the fuel cell cartridge or system without assistance from another person (a)(18) of this section. meets the specifications in IEC/PAS (e.g., automated check-in facility), the * * * * * 62282–6–1 (IBR, see § 171.7 of this aircraft operator must ensure that (19) Portable electronic devices (e.g., subchapter) and with the maximum information on the types of hazardous cellular phones, laptop computers, and quantity and type of fuel contained in materials a passenger is forbidden to camcorders) powered by fuel cell the cartridge or system. transport aboard an aircraft is provided systems, and not more than two spare (xi) Spare fuel cell cartridges to passengers. Information may be in fuel cell cartridges per passenger or containing a flammable liquid (Class 3) text or in pictorial form and, effective

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January 1, 2013, must be such that the (b) Except as otherwise provided in required by the certification final ticket purchase cannot be this subchapter, no person may carry a requirements for a Class C aircraft cargo completed until the passenger or a hazardous material in the cabin of a compartment. person acting on the passenger’s behalf passenger-carrying aircraft or on the (2) Inaccessible means all other has indicated that it understands the flight deck of any aircraft, and the configurations including a freight restrictions on hazardous materials in hazardous material must be located in a container in an accessible compartment baggage. place that is inaccessible to persons (c) Check-in. An aircraft operator other than crew members. Hazardous when packages are loaded inaccessibly. must ensure that information on the materials may be carried in a main deck (e) For transport aboard cargo-only types of hazardous materials specified cargo compartment of a passenger aircraft, the requirements of paragraphs in paragraph (a) of this section a aircraft provided that the compartment (c) and (d) of this section do not apply passenger is permitted and forbidden to is inaccessible to passengers and that it to the following hazardous materials: transport aboard an aircraft is provided meets all certification requirements for (1) Class 3, Packing Group III (that during the flight check-in process. a Class B aircraft cargo compartment in does not meet the definition of another (1) Effective January 1, 2013, when 14 CFR 25.857(b) or for a Class C aircraft hazard class except CORROSIVE), the flight check-in process is conducted cargo compartment in 14 CFR 25.857(c). remotely (e.g., via the Internet or phone) A package bearing a ‘‘KEEP AWAY Division 6.1 ((primary) except those also or when completed at the airport, FROM HEAT’’ handling marking must labeled FLAMMABLE LIQUID), without assistance from another person be protected from direct sunshine and Division 6.2, Class 7, Class 9, and those (e.g., automated check-in kiosk), the stored in a cool and ventilated place, marked as ORM–D–AIR, Limited aircraft operator must ensure that away from sources of heat. Quantity or Excepted Quantity material. information on the types of hazardous (c) For each package containing a (2) Packages of hazardous materials materials a passenger is forbidden to hazardous material acceptable for transported aboard a cargo aircraft, transport aboard an aircraft is provided carriage aboard passenger-carrying when other means of transportation are to passengers. Information may be in aircraft, no more than 25 kg (55 pounds) impracticable or not available, in text or in pictorial form and should be net weight of hazardous material may be accordance with procedures approved such that the check in process cannot be loaded in an inaccessible manner. In in writing by the FAA Regional or Field completed until the passenger or a addition to the 25 kg limitation, an Security Office in the region where the person acting on the passenger’s behalf additional 75 kg (165 pounds) net operator is located. has indicated that it understands the weight of Division 2.2 (non-flammable restrictions on hazardous materials in compressed gas) may be loaded in an (3) Packages of hazardous materials baggage. inaccessible manner. The requirements carried on small, single pilot, cargo (2) When the check in process is not of this paragraph do not apply to Class aircraft if: conducted remotely (e.g., at the airport 9, ORM–D–AIR and Limited or (i) No person is carried on the aircraft with the assistance of an airline Excepted Quantity material. other than the pilot, an FAA inspector, representative), passenger notification of (d) For the purposes of this section— the shipper or consignee of the material, permitted and forbidden hazardous (1) Accessible means, on passenger- a representative of the shipper or materials may be completed through carrying or cargo-only aircraft that each consignee so designated in writing, or a signage (electronic or otherwise), package is loaded where a crew member person necessary for handling the provided it is legible and prominently or other authorized person can access, material; displayed. handle and, when size and weight ■ 61. In § 175.30, paragraph (e)(3) is permit, separate such packages from (ii) The pilot is provided with written revised to read as follows: other cargo during flight including a instructions on the characteristics and § 175.30 Inspecting shipments. freight container in an accessible cargo proper handling of the materials; and compartment when packages are loaded * * * * * (iii) Whenever a change of pilots (e) * * * in an accessible manner. Additionally, a occurs while the material is on board, (3) The word ‘‘OVERPACK’’ appears package is considered accessible when the new pilot is briefed under a hand- on the outside of the overpack when transported on a cargo-only aircraft if it to-hand signature service provided by specification packagings are required. is: the operator of the aircraft. ■ (i) In a cargo compartment certified by 62. Section 175.75 is revised to read (f) At a minimum, quantity limits and as follows: FAA as a Class C aircraft cargo compartment as defined in 14 CFR loading instructions in the following § 175.75 Quantity limitations and cargo 25.857(c); or quantity and loading table must be location. (ii) In an FAA-certified freight followed to maintain acceptable (a) No person may carry on an aircraft container that has an approved fire or quantity and loading between packages a hazardous material except as smoke detection system and fire containing hazardous materials. The permitted by this subchapter. suppression system equivalent to that quantity and loading table is as follows:

QUANTITY AND LOADING TABLE

Quantity Limitation: 25 kg net weight of hazardous material Applicability Forbidden plus 75 kg net weight of Divi- No limit sion 2.2 (non-flammable com- pressed gas)

Passenger-carrying aircraft ...... Cargo Aircraft Only labeled Inaccessible ...... Accessible. packages.

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QUANTITY AND LOADING TABLE—Continued

Quantity Limitation: 25 kg net weight of hazardous material Applicability Forbidden plus 75 kg net weight of Divi- No limit sion 2.2 (non-flammable com- pressed gas)

Cargo-only aircraft—Packages Not applicable ...... Inaccessible (See Note 1) ...... Accessible (See Note 2). authorized aboard a pas- senger-carrying aircraft. Cargo-only aircraft—Packages Inaccessible (See Note 1) ...... Not applicable ...... Accessible (See Note 2). not authorized aboard a pas- senger-carrying aircraft and displaying a Cargo Aircraft Only label. Note 1: The following materials are not subject to this loading restriction— a. Class 3, PG III (unless the hazardous material meets the definition of another hazard class, except CORROSIVE). b. Primary Class 6 (unless also labeled as a flammable liquid). c. Class 7 (unless the hazardous material meets the definition of another hazard class). d. Class 9, ORM–D–AIR and Limited Quantity or Excepted Quantity material. Note 2: Aboard cargo-only aircraft, packages required to be loaded in a position that is considered to be accessible include those loaded in a Class C cargo compartment.

■ 63. In § 175.78, paragraph (c)(4)(iii) is (IBR; see § 171.7 of this subchapter), ignition. A vehicle or mechanical revised to read as follows: applicable to enclosed container cargo equipment showing any signs of leakage spaces, as appropriate for the cargo or electrical fault may not be § 175.78 Stowage compatibility of cargo. transported. transported. * * * * * ■ 67. In § 176.76, paragraph (a)(9) is (2) The fuel tank of a vehicle or (c) * * * added to read as follows: mechanical equipment powered by (4) * * * liquid fuel may not be more than one- (iii) Except for Division 1.4B § 176.76 Transport vehicles, freight fourth full. explosives and as otherwise provided in containers, and portable tanks containing (3) Whenever possible, each vehicle this Note, explosives of different hazardous materials. or mechanical equipment must be compatibility groups may be stowed (a) * * * stowed to allow for its inspection during together whether or not they belong to (9) When security devices, beacons or transportation. the same division. Division 1.4B other tracking or monitoring equipment (4) Vehicles or mechanical equipment explosives must not be stowed together are used, they must be securely installed may be refueled when necessary in the with any other explosive permitted and must be of a certified safe type for hold of a vessel in accordance with aboard aircraft except Division 1.4S, the hazardous materials that will be § 176.78 of this part. unless segregated as prescribed in carried within the freight container or (b) All equipment used for handling paragraph (c)(4)(iv) of this section transport vehicle in which such as vehicles or mechanical equipment must (‘‘Note 1’’). device or equipment is installed. be designed so that the fuel tank and the * * * * * * * * * * fuel system of the vehicle or mechanical equipment are protected from stress that PART 176—CARRIAGE BY VESSEL § 176.84 [Amended] might cause rupture or other damage ■ 68. In § 176.84, in paragraph (b) Table incident to handling. ■ 64. The authority citation for part 176 of provisions, Code Number ‘‘143’’ and (c) Two hand-held, portable, dry continues to read as follows: its corresponding provision are chemical fire extinguishers of at least Authority: 49 U.S.C. 5101–5128; 49 CFR removed. 4.5 kg (10 pounds) capacity each must 1.53. be separately located in an accessible ■ 65. In § 176.2, in the definition for § 176.142 [Removed and Reserved] location in each hold or compartment in ‘‘Cargo transport unit,’’ the first sentence ■ 69. Section 176.142 is removed and which any vehicle or mechanical is revised to read as follows: reserved. equipment is stowed. ■ 70. Section 176.905 is revised to read (d) ‘‘NO SMOKING’’ signs must be § 176.2 Definitions. as follows: conspicuously posted at each access * * * * * opening to the hold or compartment. Cargo transport unit means a § 176.905 Stowage of motor vehicles or (e) Each portable electrical light, mechanical equipment. transport vehicle, a freight container, a including a flashlight, used in the portable tank or a multiple element gas (a) A vehicle or any mechanical stowage area must be an approved, container (MEGC). * * * equipment powered by an internal explosion-proof type. All electrical * * * * * combustion engine, a fuel cell, batteries connections for any light must be made ■ 66. In § 176.63, paragraph (f)(2) is or a combination thereof, is subject to to outlets outside the space in which revised to read as follows: the following requirements when any vehicle or mechanical equipment is carried as cargo on a vessel: stowed. § 176.63 Stowage locations. (1) Before being loaded on a vessel, (f) Each hold or compartment must be * * * * * each vehicle or mechanical equipment ventilated and fitted with an overhead (f) * * * must be inspected for fuel leaks and water sprinkler system or fixed fire (2) The hatchless container hold is in identifiable faults in the electrical extinguisher system. full compliance with the provisions of system that could result in short circuit (g) Each hold or compartment must be SOLAS, Chapter II–2/Regulation 19 or other unintended electrical source of equipped with a smoke or fire detection

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system capable of alerting personnel on inflators and the like which are installed damage that could result in the release the bridge. in the vehicle or mechanical equipment of the pressure receptacle contents (h) All electrical equipment in the if they are necessary for the operation of during normal conditions of handling hold or compartment other than fixed the vehicle or equipment, or for the and transport. Manifold piping leading explosion-proof lighting must be safety of its operator or passengers. to shut-off valves must be sufficiently disconnected from its power source at a flexible to protect the valves and the location outside the hold or PART 178—SPECIFICATIONS FOR piping from shearing or releasing the compartment during the handling and PACKAGINGS pressure receptacle contents. The filling transportation of any vehicle or and discharge valves and any protective ■ 71. The authority citation for part 178 mechanical equipment. Where the caps must be secured against continues to read as follows: disconnecting means is a switch or unintended opening. The valves must circuit breaker, it must be locked in the Authority: 49 U.S.C. 5101–5128; 49 CFR conform to ISO 10297 (IBR, see § 171.7 open position until all vehicles have 1.53. of this subchapter) and be protected as been removed. ■ 72. Section 178.71 is revised to read specified in § 173.301b(f) of this (i) Exceptions—A vehicle or as follows: subchapter. mechanical equipment is excepted from § 178.71 Specifications for UN pressure (3) UN pressure receptacles that the requirements of this subchapter if receptacles. cannot be handled manually or rolled, the following requirements are met: must be equipped with devices (e.g., (a) General. Each UN pressure (1) Internal combustion engines liquid skids, rings, straps) ensuring that they receptacle must meet the requirements fuel powered. (i) The vehicle or can be safely handled by mechanical of this section. Requirements for mechanical equipment has an internal means and so arranged as not to impair combustion engine using liquid fuel that approval, qualification, maintenance, the strength of, nor cause undue has a flashpoint less than 38°C (100°F), and testing are contained in § 178.70, stresses, in the pressure receptacle. the fuel tank is empty, and the engine and subpart C of part 180 of this (4) Pressure receptacles filled by is run until it stalls for lack of fuel; or subchapter. volume must be equipped with a level (ii) The vehicle or mechanical (b) Definitions. The following indicator. equipment has an internal combustion definitions apply for the purposes of (e) Bundles of cylinders. UN pressure engine using liquid fuel that has a design and construction of UN pressure receptacles assembled in bundles must flashpoint of 38°C (100°F) or higher, the receptacles under this subpart: be structurally supported and held fuel tank contains 418 L (110 gallons) of Alternative arrangement means an together as a unit and secured in a fuel or less, and there are no fuel leaks approval granted by the Associate manner that prevents movement in in any portion of the fuel system. Administrator for a MEGC that has been relation to the structural assembly and (2) Vehicle ferry operations. The designed, constructed or tested to the movement that would result in the vehicle or mechanical equipment is technical requirements or testing concentration of harmful local stresses. stowed in a hold or compartment methods other than those specified for The frame design must ensure stability designated by the administration of the UN pressure receptacles in part 178 or under normal operating conditions. country in which the vessel is registered part 180 of this subchapter. (1) The frame must securely retain all as specially designed and approved for Bundle of cylinders. See § 171.8 of the components of the bundle and must vehicles and mechanical equipment and this subchapter. protect them from damage during there are no signs of leakage from the Design type means a pressure conditions normally incident to battery, engine, fuel cell, compressed receptacle design as specified by a transportation. The method of cylinder gas cylinder or accumulator, or fuel particular pressure receptacle standard. restraint must prevent any vertical or tank, as appropriate. For vehicles with Design type approval means an horizontal movement or rotation of the batteries connected and fuel tanks overall approval of the manufacturer’s cylinder that could cause undue strain containing gasoline transported by U.S. quality system and design type of each on the manifold. The total assembly vessels, see 46 CFR 70.10–1 and 90.10– pressure receptacle to be produced must be able to withstand rough 38. within the manufacturer’s facility. handling, including being dropped or (3) Battery-powered. The vehicle or UN tube. See § 171.8 of this overturned. mechanical equipment is electrically subchapter. (2) The frame must include features powered solely by wet electric storage (c) General design and construction. designed for the handling and batteries (including nonspillable UN pressure receptacles and their transportation of the bundle. The lifting batteries) or sodium batteries; closures must be designed, rings must be designed to withstand a (4) Flammable gas powered. The manufactured, tested and equipped in design load of 2 times the maximum vehicle or mechanical equipment is accordance with the requirements gross weight. Bundles with more than equipped with liquefied petroleum gas contained in this section. The ISO one lifting ring must be designed such or other compressed gas fuel tanks, the standard requirements applicable to UN that a minimum sling angle of 45 tanks are completely emptied of pressure receptacles may be varied only degrees to the horizontal can be liquefied or compressed gas and the if approved in writing by the Associate achieved during lifting using the lifting positive pressure in the tank does not Administrator. rings. If four lifting rings are used, their exceed 2 bar (29 psig), the line from the (d) Service equipment. (1) Except for design must be strong enough to allow fuel tank to the regulator and the pressure relief devices, UN pressure the bundle to be lifted by two rings. regulator itself is drained of all traces of receptacle equipment, including valves, Where two or four lifting rings are used, liquefied or compressed gas, and the piping, fittings, and other equipment diametrically opposite lifting rings must fuel shut-off valve is closed. subjected to pressure must be designed be aligned with each other to allow for (j) Except as provided in § 173.220(d) and constructed to withstand at least 1.5 correct lifting using shackle pins. If the of this subchapter, the provisions of this times the test pressure of the pressure bundle is filled with forklift pockets, it subchapter do not apply to items of receptacle. must contain two forklift pockets on equipment such as fire extinguishers, (2) Service equipment must be each side from which it is to be lifted. compressed gas accumulators, airbag configured or designed to prevent The forklift pockets must be positioned

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

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

(2) The ISO standard, for example ISO valve, valve cap or valve guard or any (13) The country of manufacture. The 9809–1, used for design, construction coating. The empty weight must be letters ‘‘USA’’ must be marked on and testing. Acetylene cylinders must be expressed to three significant figures cylinders manufactured in the United marked to indicate the porous mass and rounded up to the last digit. For States. the steel shell, for example: ‘‘ISO 3807– cylinders of less than 1 kg, the empty (14) The serial number assigned by 2/ISO 9809–1.’’ weight must be expressed to two the manufacturer. (3) The mark of the country where the significant figures rounded down to the (15) For steel pressure receptacles, the approval is granted. The letters ‘‘USA’’ last digit. For acetylene cylinders, the letter ‘‘H’’ showing compatibility of the must be marked on UN pressure tare weight must be marked on the steel, as specified in 1SO 11114–1. receptacles approved by the United cylinders in kilograms. The tare weight (16) Identification of aluminum alloy, States. The manufacturer must obtain an is the sum of the empty weight, mass of if applicable. approval number from the Associate the valve, any coating and all (17) Stamp for nondestructive testing, Administrator. The manufacturer permanently attached parts (e.g., fittings if applicable. approval number must follow the and accessories) that are not removed (18) Stamp for underwater use of country of approval mark, separated by during filling. The tare weight must be composite cylinders, if applicable. a slash (for example, USA/MXXXX). expressed to two significant figures (19) For metal hydride storage Pressure receptacles approved by more rounded down to the last digit. The tare systems having a limited life, the date than one national authority may contain weight does not include the cylinder of expiration indicated by the word the mark of each country of approval, cap or any outlet cap or plug not ‘‘FINAL,’’ followed by the year (four separated by a comma. permanently attached to the cylinder. digits), the month (two digits) and (4) The identity mark or stamp of the (9) The minimum wall thickness of separated by a slash. IIA. the pressure receptacle in millimeters (5) The date of the initial inspection, followed by the letters ‘‘MM’’. This mark (q) Marking sequence. The marking the year (four digits) followed by the is not required for pressure receptacles required by paragraph (p) of this section month (two digits) separated by a slash, with a water capacity less than or equal must be placed in three groups as for example ‘‘2006/04’’. to 1.0 L or for composite cylinders. shown in the example below: (6) The test pressure in bar, preceded (10) For pressure receptacles intended (1) The top grouping contains by the letters ‘‘PH’’ and followed by the for the transport of compressed gases manufacturing marks and must appear letters ‘‘BAR’’. and UN 1001 acetylene, dissolved, the consecutively in the sequence given in (7) The rated charging pressure of the working pressure in bar, proceeded by paragraphs (p)(13) through (19) of this metal hydride storage system in bar, the letters ‘‘PW’’. section. preceded by the letters ‘‘RCP’’ and (11) For liquefied gases, the water (2) The middle grouping contains followed by the letters ‘‘BAR.’’ capacity in liters expressed to three operational marks described in (8) The empty or tare weight. Except significant digits rounded down to the paragraphs (p)(6) through (11) of this for acetylene cylinders, empty weight is last digit, followed by the letter ‘‘L’’. If section. the mass of the pressure receptacle in the value of the minimum or nominal (3) The bottom grouping contains kilograms, including all integral parts water capacity is an integer, the digits certification marks and must appear (e.g., collar, neck ring, foot ring, etc.), after the decimal point may be omitted. consecutively in the sequence given in followed by the letters ‘‘KG’’. The empty (12) Identification of the cylinder paragraphs (p)(1) through (5) of this weight does not include the mass of the thread type (e.g., 25E). section.

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(r) Other markings. Other markings refilled-penalty up to $500,000 fine and ■ 74. In § 178.347–1, paragraph (d)(9) is are allowed in areas other than the side 5 years in imprisonment (49 U.S.C. revised to read as follows: wall, provided they are made in low 5124).’’ § 178.347–1 General requirements. stress areas and are not of a size and (5) No person may mark a non- depth that will create harmful stress refillable pressure receptacle as meeting * * * * * concentrations. Such marks must not the requirements of this section unless (d) * * * conflict with required marks. it was manufactured in conformance (9) UW–12 in Section VIII of the (s) Marking of UN non-refillable with this section. ASME Code does not apply to a weld pressure receptacles. Unless otherwise ■ 73. In § 178.275, paragraph (h) is seam in a bulkhead that has not been specified in this paragraph, each UN revised to read as follows: radiographically examined, under the non-refillable pressure receptacle must following conditions: be clearly and legibly marked as § 178.275 Specification for UN Portable (i) The strength of the weld seam is prescribed in paragraph (p) of this Tanks intended for the transportation of assumed to be 0.85 of the strength of the section. In addition, permanent liquid and solid hazardous materials. bulkhead. stenciling is authorized. Except when * * * * * (ii) The welded seam must be a full stenciled, the marks must be on the (h) Fusible elements. Fusible elements penetration butt weld. shoulder, top end or neck of the must operate at a temperature between (iii) No more than one seam may be pressure receptacle or on a permanently 110 °C (230 °F) and 149 °C (300.2 °F), used per bulkhead. affixed component of the pressure provided that the pressure in the shell (iv) The welded seam must be receptacle (e.g., a welded collar). at the fusing temperature will not completed before forming the dish (1) The marking requirements and exceed the test pressure. They must be radius and knuckle radius. sequence listed in paragraphs (p)(1) placed at the top of the shell with their through (19) of this section are required, (v) Compliance test: Two test inlets in the vapor space and in no case except the markings in paragraphs specimens of materials representative of may they be shielded from external (p)(8), (9), (12) and (18) are not those to be used in the manufacture of heat. Fusible elements must not be applicable. The required serial number a cargo tank bulkhead must be tested to utilized on portable tanks with a test marking in paragraph (p)(14) may be failure in tension. The test specimen pressure which exceeds 2.65 bar (265.0 replaced by the batch number. must be of the same thickness and (2) Each receptacle must be marked kPa); however, fusible elements are joined by the same welding procedure. with the words ‘‘DO NOT REFILL’’ in authorized on portable tanks for the The test specimens may represent all letters of at least 5 mm in height. transportation of certain organometallic the tanks that are made in the same (3) A non-refillable pressure materials in accordance with § 172.102, facility within 6 months after the tests receptacle, because of its size, may special provision TP36 of this are completed. Before welding, the fit- substitute the marking required by this subchapter. Fusible elements used on up of the joints on the test specimens paragraph with a label. Reduction in portable tanks intended for the transport must represent production conditions marking size is authorized only as of elevated temperature hazardous that would result in the least joint prescribed in ISO 7225, Gas cylinders— materials must be designed to operate at strength. Evidence of joint fit-up and Precautionary labels. (IBR, see § 171.7 of a temperature higher than the maximum test results must be retained at the this subchapter). temperature that will be experienced manufacturer’s facility for at least 5 (4) Each non-refillable pressure during transport and must be designed years. receptacle must also be legibly marked to the satisfaction of the approval (vi) Acceptance criteria: The ratio of by stenciling the following statement: agency. the actual tensile stress at failure to the ‘‘Federal law forbids transportation if * * * * * actual tensile strength of the adjacent

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The test specimens may represent all § 178.703 Marking of IBCs. Authority: 49 U.S.C. 5101–5128; 49 CFR the tanks that are made in the same (a) * * * 1.53. facility within 6 months after the tests (1) * * * are completed. Before welding, the fit- (viii) The maximum permissible gross § 180.207 [Amended] up of the joints on the test specimens mass in kg. ■ 79. In § 180.207, in paragraph (c), in must represent production conditions * * * * * Table 1, between the right-hand that would result in the least joint ■ 77. In § 178.955, paragraphs (c)(6) and columns entries ‘‘Composite pressure strength. Evidence of joint fit-up and (7) are added to read as follows: receptacles’’ and ‘‘Pressure receptacles test results must be retained at the used for,’’ a new entry ‘‘Metal hydride § 178.955 General requirements. manufacturer’s facility for at least 5 storage systems’’ is added in the right- years. * * * * * hand column and the number ‘‘5’’ is (vi) Acceptance criteria: The ratio of (c) * * * added for the entry in the left-hand the actual tensile stress at failure to the (6) Remanufactured Large Packaging column. actual tensile strength of the adjacent is a metal or rigid Large Packaging that material of all samples of a test lot must is produced as a UN type from a non- ■ 80. In § 180.350, in paragraph (b), the be greater than 0.85. UN type or is converted from one UN second sentence is revised to read as ■ 75. In § 178.603, paragraph (f)(4) is design type to another UN design type. follows: revised to read as follows: Remanufactured Large Packagings are § 180.350 Applicability and definitions. subject to the same requirements of this § 178.603 Drop test. subchapter that apply to new Large * * * * * * * * * * Packagings of the same type. (b) * * * For the purposes of this (f) * * * (7) Reused Large Packaging is a Large (4) The packaging or outer packaging subchapter, the replacement of the rigid Packaging intended to be refilled and of a composite or combination inner receptacle of a composite IBC with has been examined and found free of packaging must not exhibit any damage one from the original manufacturer is defects affecting its ability to withstand likely to affect safety during transport. considered a repair. * * * the performance tests. See also Inner receptacles, inner packagings, or § 173.36(c) of this subchapter. * * * * * articles must remain completely within Issued in Washington, DC on December 29, the outer packaging and there must be * * * * * 2010 under authority delegated in 49 CFR no leakage of the filling substance from PART 180—CONTINUING part 1. the inner receptacles or inner QUALIFICATION AND MAINTENANCE packagings; Cynthia L. Quarterman, OF PACKAGINGS * * * * * Administrator. ■ 76. In § 178.703, paragraph (a)(1)(viii) ■ 78. The authority citation for part 180 [FR Doc. 2010–33324 Filed 1–18–11; 8:45 am] is revised to read as follows: continues to read as follows: BILLING CODE 4910–60–P

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