Thursday, August 31, 2006

Part II

Department of Transportation Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization’s Technical Instructions; Proposed Rule

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DEPARTMENT OF TRANSPORTATION number or Regulatory Identification HM–215A, 59 FR 67390; HM–215B, 62 Number (RIN) for this notice. For FR 24690; HM–215C, 64 FR 10742; HM– Pipeline and Hazardous Materials detailed instructions on submitting 215D, 66 FR 33316; HM–215E, 68 FR Safety Administration comments and additional information 44992; and HM–215G, 69 FR 76044). on the rulemaking process, see the The rules provided additional 49 CFR Parts 171, 172, 173, 175, 176, Public Participation heading of the harmonization with international 178 and 180 Supplementary Information section of transportation requirements by more [Docket No. PHMSA–06–25476 (HM–215I)] this document. Note that all comments fully aligning the HMR with the received will be posted, without change, corresponding biennial updates of the RIN 2137–AE16 to http://dms.dot.gov including any UN Recommendations, the IMDG Code personal information provided. Please and the ICAO Technical Instructions. Hazardous Materials: Harmonization With the United Nations see the Privacy Act heading under The UN Recommendations are not Recommendations, International Regulatory Analyses and Notices. regulations, but rather are Docket: For access to the docket to Maritime Dangerous Goods Code, and recommendations issued by the UN read background documents or International Civil Aviation Committee of Experts on the Transport comments received, go to http:// Organization’s Technical Instructions of Dangerous Goods (TDG) and on the dms.dot.gov at any time or to the Docket Globally Harmonized System of AGENCY: Pipeline and Hazardous Management System (see ADDRESSES). Classification and Labelling of Materials Safety Administration FOR FURTHER INFORMATION CONTACT: Chemicals (GHS). These (PHMSA), DOT. Charles Betts, Office of Hazardous recommendations are amended and ACTION: Notice of proposed rulemaking Materials Standards, telephone (202) updated biennially by the UN (NPRM). 366–8553, or Shane Kelley, Committee of Experts. They serve as the International Standards, telephone (202) basis for national, regional, and SUMMARY: PHMSA proposes to amend 366–0656, Pipeline and Hazardous international modal regulations, the Hazardous Materials Regulations to Materials Safety Administration, U.S. including the International Maritime maintain alignment with international Department of Transportation, 400 Organization’s International Maritime standards by incorporating various Seventh Street, SW., Washington, DC Dangerous Goods Code (IMDG Code), amendments, including changes to 20590–0001. and the International Civil Aviation proper shipping names, hazard classes, SUPPLEMENTARY INFORMATION: Organization’s Technical Instructions packing groups, special provisions, for the Transport of Dangerous Goods by packaging authorizations, air transport Contents Air (ICAO Technical Instructions). quantity limitations and vessel stowage I. Background requirements. These revisions are II. Sunset Provision The harmonization of domestic and necessary to harmonize the Hazardous III. Overview of Proposed Changes in the international standards becomes Materials Regulations with recent NPRM increasingly important as the volume of changes to the International Maritime IV. Overview of Amendments Not Being hazardous materials transported in Dangerous Goods Code, the Considered for Adoption in This NPRM international commerce grows. V. Section-by-Section Harmonization serves to facilitate International Civil Aviation VI. Regulatory Analyses and Notices Organization’s Technical Instructions international transportation, while A. Statutory/Legal Authority for This maintaining appropriate protection of for the Safe Transport of Dangerous Rulemaking Goods by Air, and the United Nations B. Executive Order 12866 and DOT people, property, and the environment. Recommendations on the Transport of Regulatory Policies and Procedures Although the intent of the Dangerous Goods. C. Executive Order 13132 harmonization rulemakings is to align the HMR with international standards, DATES: Comments must be received by D. Executive Order 13175 October 16, 2006. E. Regulatory Flexibility Act, Executive we review and consider each Order 13272, and DOT Procedures and amendment on its own merit. Each ADDRESSES: You may submit comments Policies amendment is considered on the basis identified by the docket number F. Paperwork Reduction Act of its overall impact on transportation (PHMSA–06–25476) by any of the G. Regulatory Identifier Number (RIN) safety and the economic implications following methods: H. Unfunded Mandates Reform Act • Federal eRulemaking Portal: http:// I. Environmental Assessment associated with its adoption into the www.regulations.gov. Follow the online J. Privacy Act HMR. Our goal is to harmonize without diminishing the level of safety currently instructions for submitting comments. I. Background • Web Site: http://dms.dot.gov. provided by the HMR and without Follow the instructions for submitting On December 21, 1990, the Research imposing undue burdens on the comments on the DOT electronic docket and Special Programs Administration regulated public. In our efforts to site. (RSPA), the predecessor agency to the continue aligning the HMR with • Fax: 1–202–493–2251. Pipeline and Hazardous Materials Safety international requirements, in this • Mail: Docket Management System; Administration (PHMSA, we) published NPRM, we are proposing to incorporate U.S. Department of Transportation, 400 a final rule (Docket HM–181; 55 FR changes into the HMR based on the Seventh Street, SW., Nassif Building, 52402) based on the UN Fourteenth revised edition of the UN PL–402, Washington, DC 20590–0001. Recommendations on the Transport of Recommendations, Amendment 33 to • Hand Delivery: PL–402 on the plaza Dangerous Goods, to comprehensively the IMDG Code, and the 2007–2008 level of the Nassif Building, 400 revise the Hazardous Materials ICAO Technical Instructions which Seventh Street, SW., Washington, DC Regulations (HMR), 49 CFR parts 171 to become effective January 1, 2007. We between 9 a.m. and 5 p.m., Monday 180, for harmonization with the are also addressing petitions for through Friday, except Federal international standards. Since rulemaking concerning harmonization Holidays. publication of the 1990 final rule, we with international standards and Instructions: All submissions must have issued six additional international additional measures to facilitate include the agency name and docket harmonization final rules, (Dockets international transportation.

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II. Sunset Provision • Revision of the classification regulations that we are not proposing to criteria for PG III flammable liquids. adopt in this NPRM with a brief To assure the HMR account for new • technologies and updated business Revision of the classification explanation of why the amendment was practices, PHMSA is considering criteria and packing group assignment not included: • whether certain requirements proposed for Division 6.1 materials. Environmentally hazardous • Requirements for the transportation in this NPRM should be afforded a substances. The UN Recommendations of fuel cells containing flammable ‘‘sunset’’ provision. If we adopt such a have not yet been adopted by ICAO and liquid. IMO. These changes will be considered provision, certain amendments adopted • Adoption of a one-packet limit for through this rulemaking would expire in a separate rulemaking proceeding. matches carried by airline passengers or • Hazardous materials security. Like after a fixed amount of time (e.g., 10 crew members. years) from the publication date of the the HMR, the UN Recommendations final rule. IV. Overview of International require carriers, consignors and others Harmonizing the HMR with Standards Not Being Considered for engaged in the transport of ‘‘high international transportation Adoption in This NPRM consequence’’ dangerous goods to requirements facilitates the This NPRM proposes changes to the adopt, implement and comply with a transportation of hazardous materials in HMR based on amendments to the security plan that addresses the international commerce by eliminating Fourteenth revised edition of the UN transportation risks associated with the need for shippers and carriers to Recommendations, Amendment 33 to these materials. A major difference comply with two different sets of the IMDG Code, and the 2007–2008 between the HMR and the UN regulations. Certain standards that we ICAO Technical Instructions, which Recommendations is the quantity of are proposing to adopt by reference become effective January 1, 2007. hazardous material that triggers the likely will be updated periodically in However, we are not proposing to adopt requirement for a security plan. We are response to changes in international all of the amendments to those analyzing the differences and, based on standards or may be replaced by other documents into the HMR. In many our conclusions, will consider a more relevant or technically superior cases, amendments to the international separate rulemaking to address this standards. Future changes to these regulations have not been adopted issue. • standards would have to consider because the framework or structure of Requirements for radioactive whether to retain or extend the sunset the HMR makes adoption unnecessary. materials. We are not proposing to date. If we choose to do nothing, a In other cases, we have handled, or will adopt provisions pertaining to the sunset provision would mean the HMR be handling, the amendments in transportation of Class 7 (radioactive) would revert to the language and separate rulemaking proceedings. For materials. Amendments to requirements requirements in effect before the example, we addressed requirements pertaining to the transportation of Class issuance of the final rule. We are related to the transportation of 7 materials are based on changes requesting comments on whether infectious substances in a final rule contained in the International Atomic certain amendments should be tied to a published June 2, 2006, under Docket Energy Agency (IAEA) publication, sunset provision. HM–226A (71 FR 32244). Similarly, we ‘‘IAEA Safety Standards Series: III. Overview of Proposed Changes in adopted amendments relating to the use Regulations for the Safe Transport of This NPRM of UN cylinders and pressure vessels in Radioactive Materials.’’ Due to their a final rule published June 12, 2006, complexity, these changes will be In this NPRM, we are proposing the addressed in a separate rulemaking. following amendments to the HMR: under Docket HM–220E (71 FR 33858). • Default classification system for • Adoption of a single shipping paper If we have inadvertently omitted an description sequence (identification amendment in this NPRM, we will fireworks. We are not proposing to adopt number, proper shipping name, hazard attempt to include the omission in the these provisions of the UN class or division, packing group). final rule. However, our ability to make Recommendations because we do not Currently, the HMR permit the shipping changes in a final rule is limited by believe the UN classification system paper description sequence to start with requirements of the Administrative provides an equivalent level of safety to either the identification number or the Procedure Act. In some instances, we the current HMR requirements. Under proper shipping name. can adopt a provision inadvertently the HMR, fireworks must be classed and • Requirement to indicate the net omitted in the NPRM if it is clearly approved by the Associate quantity of hazardous material per within the scope of changes proposed in Administrator for Hazardous Materials package on the shipping paper if the notice, does not require substantive Safety; the approvals are based on transportation is by aircraft. The HMR changes from the international standard American Pyrotechnic Association do not currently require this on which it is based, and imposes Standard 87–1. • information on a shipping paper. minimal or no cost impacts on persons Fuel cells. We are not proposing to • Incorporation by reference of the subject to the requirement. Otherwise, adopt provisions for the carriage of fuel updated ICAO Technical Instructions, in order to provide opportunity for cell cartridges in the passenger cabin of IMDG Code, and UN Recommendations. notice and comment, the change must a passenger aircraft that were adopted • Amendments to the Hazardous be proposed in an NPRM. by ICAO. Also, we are not proposing to Materials Table (HMT) to add, revise, or One of the goals of this rulemaking is adopt the packaging provisions for the remove certain proper shipping names, to continue to maintain consistency transport of ‘‘Hydrogen in a metal hazard classes, packing groups, special between the HMR and the international hydride storage system,’’ (UN3468), as provisions, packaging authorizations, requirements. We are not striving to adopted by ICAO. Currently, the HMR bulk packaging requirements, passenger make the HMR identical to the allow transportation of these storage and cargo aircraft maximum quantity international regulations but rather to systems by motor vehicle and rail under limitations and vessels stowage remove or avoid potential barriers to the terms of an exemption and by motor provisions. international transportation. vehicle, rail, cargo vessel and cargo • Revision of the ORGANIC Below is a listing of those significant aircraft with approval of the Associate PEROXIDE label and placard. amendments to the international Administrator. These issues will be

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considered in a separate rulemaking adopted amendments intended to Part 172 proceeding. harmonize the HMR with international Section 172.101 • Marking of Limited Quantity standards. We are proposing revisions to shipments. The ICAO Technical this paragraph to provide specific Section 172.101 contains the Instructions adopted a marking transitional provisions for certain of the Hazardous Materials Table (HMT) and requirement for packages containing a amendments proposed in this NPRM. explanations for each of the columns in limited quantity of hazardous material We are proposing an effective date of the HMT. Paragraph (d) of this section that consists of the identification January 1, 2007, and a mandatory addresses column 3 of the HMT, which number of the material placed within a compliance date of January 1, 2008. We contains the hazard class or division for square-on-point border. The marking is propose to permit voluntary compliance each specific material listed in the anticipated to become effective January HMT. Paragraph (d)(4) addresses entries as of January 1, 2007, to correspond 1, 2009. Except for transportation by classed as combustible liquids. We are with the effective implementation dates aircraft, this marking is currently proposing to revise paragraph (d)(4) to authorized under the HMR as an of the 2007–2008 ICAO Technical revise the lower limit for classing a alternative to marking the proper Instructions and Amendment 33 of the material as a combustible liquid from shipping name on the package; we are IMDG Code. This authorization would 60.5 °C (141 °F) to 60 °C (140 °F). This allowing continued use of this marking allow shippers to prepare their is consistent with recent changes to the to minimize transportation costs and international shipments in accordance classification of flammable liquids provide flexibility. with international standards that will based on the GHS and adoption into the become effective on January 1, 2007. V. Section-by-Section Review UN Recommendations. Paragraph (e) of this section contains The § 172.101 Hazardous Materials Part 171 an outdated transition provision. In this Table (HMT): In the § 172.101 Section 171.7 NPRM, we propose to replace the Hazardous Materials Table (HMT), we outdated transition provision with a are proposing to make various Section 171.7 lists the standards new paragraph (e) that would permit amendments. Readers should review all incorporated by reference into the HMR. changes for a complete understanding of We propose to update the incorporation use for domestic shipments of the shipping description sequences in effect the proposed Table amendments. For by reference materials for the ICAO purposes of the Government Printing Technical Instructions, the IMDG Code, on December 31, 2006, until January 1, 2009. See the § 172.202 preamble Office’s typesetting procedures, the UN Recommendations and the UN proposed changes to the HMT will discussion for a complete explanation of Manual of Tests and Criteria. The appear under three sections of the the shipping description sequence issue. updated editions of these standards Table, ‘‘remove,’’ ‘‘add’’ and ‘‘revise.’’ become effective January 1, 2007. Paragraph (f) of this section contains Certain entries in the HMT, such as The standards would be updated as an outdated transitional provision. We those with proposed revisions to the follows: propose to revise paragraph (f) by proper shipping names, will appear as • The ICAO Technical Instructions, removing the current provision and a ‘‘remove’’ and ‘‘add.’’ Under this 2007–2008 Edition. adding a transitional provision to allow NPRM, the proposed amendments to the • The IMDG Code, Amendment 33. • The UN Recommendations, continued display of Division 5.2 labels HMT for the purpose of harmonizing Fourteenth revised edition. and placards conforming to the with international standards, unless • The UN Manual of Tests and specifications in effect on December 31, otherwise stated, include, but are not Criteria, Fourth revised edition (2003), 2006, until January 1, 2011. See the limited to the following: and Addendum 2, (2004). §§ 172.407 and 172.427 preamble 1. We propose to correct Column (7) discussions for a complete explanation Special provisions of the HMT by Section 171.14 of this issue. removing Special provision 101 which This section lists specific transition requires the name of the particular In new paragraph (g), we are periods for certain provisions adopted substance or article to be specified. With proposing to allow continued use of the into the HMR. Paragraph (b) lists the introduction of the letter ‘‘G’’ for transitional provisions related to revised Class 3 and Division 6.1 classification these materials in Column (1), requiring placarding requirements. In this NPRM, criteria and packing group assignments the n.o.s. and generic proper shipping we propose to remove paragraph (b) in effect on December 31, 2006, until names to be supplemented with the because the transitional period has January 1, 2012. See §§ 173.120 and technical name of the hazardous expired. 174.133 preamble discussions for a material, Special provision 101 becomes Paragraph (d) of this section specifies complete explanation of this issue. obsolete and duplicative. The affected transition provisions for previously entries are as follows:

UN0349 ...... Articles, explosive, n.o.s. UN0350 ...... Articles, explosive, n.o.s. UN0351 ...... Articles, explosive, n.o.s. UN0352 ...... Articles, explosive, n.o.s. UN0353 ...... Articles, explosive, n.o.s. UN0354 ...... Articles, explosive, n.o.s. UN0355 ...... Articles, explosive, n.o.s. UN0356 ...... Articles, explosive, n.o.s. UN0462 ...... Articles, explosive, n.o.s. UN0463 ...... Articles, explosive, n.o.s. UN0464 ...... Articles, explosive, n.o.s. UN0465 ...... Articles, explosive, n.o.s. UN0466 ...... Articles, explosive, n.o.s. UN0467 ...... Articles, explosive, n.o.s. UN0468 ...... Articles, explosive, n.o.s.

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UN0469 ...... Articles, explosive, n.o.s. UN0470 ...... Articles, explosive, n.o.s. UN0471 ...... Articles, explosive, n.o.s. UN0472 ...... Articles, explosive, n.o.s. UN0382 ...... Components, explosive train, n.o.s. UN0383 ...... Components, explosive train, n.o.s. UN0384 ...... Components, explosive train, n.o.s. UN0461 ...... Components, explosive train, n.o.s. UN0357 ...... Substances, explosive, n.o.s. UN0358 ...... Substances, explosive, n.o.s. UN0359 ...... Substances, explosive, n.o.s. UN0473 ...... Substances, explosive, n.o.s. UN0474 ...... Substances, explosive, n.o.s. UN0475 ...... Substances, explosive, n.o.s. UN0476 ...... Substances, explosive, n.o.s. UN0477 ...... Substances, explosive, n.o.s. UN0478 ...... Substances, explosive, n.o.s. UN0479 ...... Substances, explosive, n.o.s. UN0480 ...... Substances, explosive, n.o.s. UN0481 ...... Substances, explosive, n.o.s. UN0485 ...... Substances, explosive, n.o.s. UN0482 ...... Substances, explosive, very insensitive, n.o.s. or Substances, EVI, n.o.s.

2. Amendment 32 of the IMDG Code response to a petition from Horizon Code ‘‘52’’ (Stow ‘‘Separated from’’ added a new segregation group for Lines (P–1470), we are proposing to acids) to certain entries. The affected alkalis. For consistency with revise the Vessel Stowage Provisions in entries are as follows: international regulations and in Column (10B) by adding Segregation

UN2733 ...... Amines, flammable, corrosive, n.o.s. or Polyamines, flammable, corrosive, n.o.s. UN2671 ...... Aminopyridines (o-; m-; p-). UN1005 ...... Ammonia, anhydrous. UN3318 ...... Ammonia solution, relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia. UN2672 ...... Ammonia solutions, relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia. UN2073 ...... Ammonia solutions, relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia. UN3028 ...... Batteries, dry, containing potassium hydroxide solid, electric, storage. UN2795 ...... Batteries, wet, filled with alkali, electric storage. UN2797 ...... Battery fluid, alkali. UN2682 ...... Caesium hydroxide. UN2681 ...... Caesium hydroxide solution. UN1719 ...... Caustic alkali liquids, n.o.s. UN1160 ...... Dimethylamine solution. UN2379 ...... 1, 3-Dimethylbutylamine. UN2382 ...... Dimethylhydrazine, symmetrical. UN1163 ...... Dimethylhydrazine, unsymmetrical. UN3253 ...... Disodium trioxosilicate. UN2491 ...... Ethanolamine or Ethanolamine solutions. UN2270 ...... Ethylamine, aqueous solution with not less than 50 percent but not more than 70 percent ethylamine. UN1604 ...... Ethylenediamine. UN2386 ...... 1-Ethylpiperidine. UN2029 ...... Hydrazine, anhydrous. UN3293 ...... Hydrazine, aqueous solution with not more than 37 percent hydrazine, by mass. UN2030 ...... Hydrazine, aqueous solutions, with more than 37 percent hydrazine, by mass. UN2680 ...... Lithium hydroxide. UN2679 ...... Lithium hydroxide, solution. UN1235 ...... Methylamine, aqueous solution. UN1244 ...... Methylhydrazine. UN2399 ...... 1-Methylpiperidine. UN1813 ...... Potassium hydroxide, solid. UN1814 ...... Potassium hydroxide, solution. UN2033 ...... Potassium monoxide. UN1922 ...... Pyrrolidine. UN2678 ...... Rubidium hydroxide. UN2677 ...... Rubidium hydroxide solution. UN1907 ...... Soda lime with more than 4 percent sodium hydroxide. UN1819 ...... Sodium aluminate, solution. UN2318 ...... Sodium hydrosulfide, with less than 25 percent water of crystallization. UN1823 ...... Sodium hydroxide, solid. UN1824 ...... Sodium hydroxide solution. UN1825 ...... Sodium monoxide. UN1849 ...... Sodium sulfide, hydrated with not less than 30 percent water. UN2320 ...... Tetraethylenepentamine.

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UN3073 ...... Vinylpyridines, stabilized.

3. The entry ‘‘Aerosols, non- 12. The entry ‘‘Chlorosilanes, toxic, The revision appears as a ‘‘Remove/ flammable, (each not exceeding 1 L corrosive, n.o.s.,’’ UN3361, PG II, would Add’’ in this rulemaking. capacity),’’ UN1950, would be revised be revised by removing the reference to 20. The proper shipping name for the by adding vessel storage location code § 173.153 ‘‘Exceptions for Division 6.1 entry ‘‘Crotonic acid, liquid,’’ UN2823, ‘‘A’’ in Column (10A). This code was (poisonous materials)’’ in Column (8A). would be corrected to read ‘‘Crotonic inadvertently removed in a final rule 13. The entry ‘‘Chlorosilanes, toxic, acid, liquid’’ and the Identification published under Docket HM–189Y (70 corrosive, flammable, n.o.s.,’’ UN3362, Number would be revised to read FR 56084; September 23, 2005). PG II, would be revised by removing the ‘‘UN3472.’’ This revision appears as a 4. The entry ‘‘Antimony trichloride, reference to § 173.153 ‘‘Exceptions for ‘‘Remove/Add’’ in this rulemaking. solid,’’ UN1733, PG II, would be revised Division 6.1 (poisonous materials)’’ in 21. The proper shipping name for the by adding Special provisions T3 and Column (8A). entry ‘‘Crotonic acid, solid,’’ UN2823, TP33. Special provision T3 specifies the 14. The entry ‘‘Chromium trioxide, would be corrected to read ‘‘Crotonic applicable minimum test pressure, the anhydrous,’’ UN1463, Column (6) acid, solid,’’ UN2823. This correction minimum shell thickness, bottom would be revised by adding the Division appears as a ‘‘Remove/Add’’ in this opening requirements and pressure 6.1 subsidiary hazard labeling rulemaking. relief requirements when transporting requirement. 22. In accordance with the ICAO this material in a UN portable tank. 15. The entry ‘‘Compressed gas, Technical Instructions, the entry Special provision TP33 specifies n.o.s.,’’ UN1956, would be revised by ‘‘Dangerous Goods in Machinery or requirements applicable to the adding Special provision 77. Special Dangerous Goods in Apparatus,’’ UN transportation of this material in IM and provision 77 requires, for domestic 3363, would be revised by adding UN Specification portable tanks. transportation, a Division 5.1 subsidiary quantity limits for transportation by 5. The entry, ‘‘Articles, explosive, risk label when a carbon dioxide and aircraft. The quantity limits will be extremely insensitive or Articles, EEI, ’’ oxygen mixture contains more than specified in a new Special provision UN0486, would be revised by removing 23.5% oxygen. A105. Special provision 101 which requires 16. The entry, ‘‘Contrivances, water- 23. The entry ‘‘Ethyltrichlorosilane,’’ the name of the particular substance or activated, with burster, expelling charge UN1196, PG II, would be revised by article to be specified. or propelling charge,’’ UN0248, would removing the reference to § 173.150 6. The entry ‘‘Benzyl bromide,’’ be revised by removing Special ‘‘Exceptions for Class 3 (flammable) and UN1737, PG II, would be revised by provision 101, which requires the name combustible liquids’’ in Column (8A). removing the reference to § 173.153 of the particular substance or article to ‘‘Exceptions for Division 6.1 (poisonous be specified. In addition, the letter ‘‘G’’ 24. The entry ‘‘Formic acid,’’ UN1779, materials)’’ in Column (8A). would be added to Column (1), would be revised to read ‘‘Formic acid 7. The entry ‘‘Benzyl chloride,’’ requiring the proper shipping name to with more than 85% acid by mass’’ and UN1738, PG II, would be revised by be supplemented with the technical the Class 3 subsidiary hazard would be removing the reference to § 173.153 name of the hazardous material. added in Column (6). This revision ‘‘Exceptions for Division 6.1 (poisonous 17. The entry, ‘‘Contrivances, water- appears as a ‘‘Remove/Add’’ in this materials)’’ in Column (8A). activated, with burster, expelling charge rulemaking. 8. In accordance with changes in the or propelling charge,’’ UN0249, would 25. A new entry, ‘‘Formic acid with Fourteenth revised edition of the UN be revised by removing Special not less than 10% but not more than Recommendations, we propose to provision 101, which requires the name 85% acid by mass,’’ UN3412, would be remove the following entries: of the particular substance or article to added. —The entry ‘‘Carbon dioxide and be specified. In addition, the letter ‘‘G’’ 26. A new entry, ‘‘Formic acid with nitrous oxide mixtures,’’ UN1015; would be added to Column (1), not less than 5% but less than 10% acid —The entry ‘‘Carbon dioxide and requiring the proper shipping name to by mass,’’ UN3412, would be added. oxygen mixtures, compressed,’’ be supplemented with the technical 27. A new entry, ‘‘Fuel cell cartridges UN1014; and name of the hazardous material. containing flammable liquids,’’ —The entry ‘‘Carbon monoxide and 18. The entry ‘‘Corrosive liquid, UN3473, would be added. hydrogen mixture, compressed,’’ acidic, inorganic, n.o.s.,’’ UN3264, PG II, 28. The entry ‘‘Hydrazine aqueous UN2600. would be revised by removing Special solutions, with more than 37% 9. The entry, ‘‘Charges, shaped, provision A6. Special provision A6 hydrazine, by mass’’ UN2030, PG I, flexible, linear,’’ UN0288, would be specifies that for combination would be revised by removing Special revised by removing Special provision packagings, if plastic inner packagings provision 151. Special provision 151 101, which requires the name of the are used, they must be packed in tightly specifies that if this material meets the particular substance or article to be closed metal receptacles before packing definition of a flammable liquid in specified. in outer packagings. Special provision § 173.120 of the HMR, a FLAMMABLE 10. The entry ‘‘Chlorosilanes, A6 applies only to the PG I entry of this LIQUID label is required and the basic corrosive, n.o.s.,’’ UN2987, PG II, would material. description on the shipping paper must be revised by removing the reference to 19. The proper shipping name for the indicate the Class 3 subsidiary hazard. § 173.154 ‘‘Exceptions for Class 8 entry ‘‘Crotonaldehyde, Stabilized,’’ Changes to the Fourteenth revised (corrosive materials)’’ in Column (8A). UN1143, would be revised to read edition of the UN Recommendations 11. The entry ‘‘Chlorosilanes, ‘‘Crotonaldehyde or Crotonaldehyde, removed this requirement. Shipping flammable, corrosive, n.o.s.,’’ UN2985, stabilized’’ and to add proposed new paper and labeling requirements for PG II, would be revised by removing the Special provision 175. New Special materials with subsidiary hazards are reference to § 173.150 ‘‘Exceptions for provision 175 specifies this material is addressed in §§ 172.202 and 172.402, Class 3 (flammable) and combustible required to be stabilized when in respectively. 28a. The entry ‘‘Hydrogen liquids’’ in Column (8A). concentrations of not more than 99%. in a metal hydride storage system,’’

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UN3468, would be revised by amending revised by adding Special provision IP5. Specification portable tank, a portable Column (9B) to authorize 100 kg gross. When this material is transported in an tank having a minimum test pressure 29. The entry ‘‘Hydrogen peroxide IBC, Special provision IP5 specifies the of 2.65 bar (265 kPa) may be used and peroxyacetic acid mixtures, IBC must have a device to allow provided the calculated test pressure stabilized with acids, water, and not venting. is 2.65 bar or less based on the more than 5 percent peroxyacetic acid,’’ 39. For the entry ‘‘Lead phosphite, maximum allowable working pressure UN3149, would be revised by adding dibasic,’’ UN2989, PG II, the quantity of the material, as defined in Special provision IP5. When this limitations in Columns (9A) and (9B) § 178.275 of the HMR, where the test material is transported in an IBC, would be revised to read 15 kg and 50 pressure is 1.5 times the maximum Special provision IP5 specifies the IBC kg, respectively. allowable working pressure. must have a device to allow venting. 40. For the entry ‘‘Lead phosphite, —TP29 to specify that when this 30. The entry ‘‘Hydrogen peroxide, dibasic,’’ UN2989, PG III, the quantity material is transported in an IM or UN aqueous solutions with more than 40 limitations in Columns (9A) and (9B) Specification portable tank, a portable percent but not more than 60 percent would be revised to read 25 kg and 100 tank having a minimum test pressure hydrogen peroxide (stabilized as kg, respectively. of 1.5 bar (150.0 kPa) may be used necessary),’’ UN2014, would be revised 41. The entry provided the calculated test pressure by adding Special provision IP5. When ‘‘Methylphenyldichlorosilane,’’ is 1.5 bar or less based on the this material is transported in an IBC, UN2437, PG II, would be revised by maximum allowable working pressure Special provision IP5 specifies the IBC removing the reference to § 173.154 of the material, as defined in must have a device to allow venting. ‘‘Exceptions for Class 8 (corrosive § 178.275 of the HMR, where the test 31. The entry ‘‘Hydrogen peroxide, materials)’’ in Column (8A). pressure is 1.5 times the maximum aqueous solutions with not less than 20 42. The entry ‘‘Motor fuel anti-knock allowable working pressure. percent but not more than 40 percent mixtures,’’ UN1649, would be corrected 48. The entry ‘‘Paint or Paint related hydrogen peroxide (stabilized as by removing the subsidiary hazard label necessary),’’ UN2014, would be revised materials,’’ UN3066, would be revised requirement in Column (6). by adding the following Special by adding Special provision IP5. When 43. The entry ‘‘Organometallic this material is transported in an IBC, provisions to the PG II and III entries, substance, solid, pyrophoric,’’ UN3391, respectively: Special provision IP5 specifies the IBC PG I, would be revised by correcting the must have a device to allow venting. Column (8B) Non-bulk packaging entry —TP28 to specify that when this 32. The entry ‘‘Hydrogen peroxide, ‘‘181’’ to read ‘‘187.’’ material is transported in an IM or UN aqueous solutions with not less than 8 44. The entry ‘‘Organometallic Specification portable tank, a portable percent but less than 20 percent substance, solid, pyrophoric, water- tank having a minimum test pressure hydrogen peroxide (stabilized as reactive,’’ UN3393, PG I, would be of 2.65 bar (265 kPa) may be used necessary),’’ UN2984, would be revised revised by correcting the Column (8B) provided the calculated test pressure by adding Special provision IP5. When Non-bulk packaging entry ‘‘181’’ to read is 2.65 bar or less based on the this material is transported in an IBC, ‘‘187.’’ maximum allowable working pressure Special provision IP5 specifies the IBC 45. A new entry, ‘‘Paint, corrosive, of the material, as defined in must have a device to allow venting. flammable (including paint, lacquer, § 178.275 of the HMR, where the test 33. The entry ‘‘Hydrogen peroxide, enamel, stain, shellac, varnish, polish, pressure is 1.5 times the maximum stabilized or Hydrogen peroxide liquid filler and liquid lacquer base),’’ allowable working pressure. aqueous solutions, stabilized with more UN3470, PG II, would be added. —TP29 to specify that when this than 60 percent hydrogen peroxide,’’ 46. A new entry ‘‘Paint, flammable, material is transported in an IM or UN UN2015, would be revised by removing corrosive (including paint, lacquer, Specification portable tank, a portable Special provision T10 and adding enamel, stain, shellac, varnish, polish, tank having a minimum test pressure Special provision T9. When this liquid filler and liquid lacquer base),’’ of 1.5 bar (150.0 kPa) may be used material is transported in a UN portable UN3469, PG I, II, and III, would be provided the calculated test pressure tank, Special provision T10 requires the added. is 1.5 bar or less based on the UN portable tank pressure relief device 47. The entry ‘‘Paint including paint, maximum allowable working pressure to comply with the requirements lacquer, enamel, stain, shellac of the material, as defined in specified in § 178.275(g)(3) of the HMR. solutions, varnish, polish, liquid filler § 178.275 of the HMR, where the test The proposed addition of Special and liquid lacquer base,’’ UN1263, pressure is 1.5 times the maximum provision T9 would remove this would be revised by adding the allowable working pressure. requirement. following Special provisions to the PG 49. A new entry, ‘‘Paint related 34. For the entry I, II, and III entries, respectively: material, corrosive, flammable ‘‘Hydrogendifluorides, n.o.s.,’’ UN1740, (including paint thinning or reducing PG II and III, the proper shipping name —TP27 to specify that when this compound),’’ UN3470, PG II, would be would be revised by to read material is transported in an IM or UN added. ‘‘Hydrogendifluorides, solid, n.o.s.’’ Specification portable tank, a portable This revision appears as a ‘‘Remove/ tank having a minimum test pressure 50. A new entry, ‘‘Paint related Add’’ in this rulemaking. of 4 bar (400 kPa) may be used material, flammable, corrosive 35. A new entry provided the calculated test pressure (including paint thinning or reducing ‘‘Hydrogendifluorides, solution, n.o.s.,’’ is 4 bar or less based on the maximum compound),’’ UN3469, PG I, II, and III UN3471, PG II and III, would be added. allowable working pressure of the would be added. 36. The entry ‘‘Hydroquinone, solid,’’ material, as defined in § 178.275 of 51. The entry ‘‘Paint related material UN2662, would be removed. the HMR, where the test pressure is including paint thinning, drying, 37. The entry ‘‘Hydroquinone 1.5 times the maximum allowable removing, or reducing compound,’’ solution,’’ UN3435, would be removed. working pressure. UN1263, would be revised by adding 38. The entry ‘‘Hypochlorite —TP28 to specify that when this the following Special provisions to the solutions,’’ UN1791, PG II, would be material is transported in an IM or UN PG I, II, and III entries, respectively:

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—TP27 to specify that when this 58. The entry ‘‘Rare gases and would be revised to specify that, in material is transported in an IM or UN nitrogen mixtures, compressed,’’ addition to sealed packets, articles Specification portable tank, a portable UN1981, would be removed. containing less than 10 mL of a Class 3 tank having a minimum test pressure 59. The proper shipping name Packing Group II or III liquid absorbed of 4 bar (400 kPa) may be used ‘‘Regulated medical waste,’’ UN3291, into a solid material would be excepted provided the calculated test pressure would be removed and a new proper from the HMR provided there is no free is 4 bar or less based on the maximum shipping name ‘‘Regulated medical liquid in the packet. allowable working pressure of the waste, n.o.s. or Clinical waste • Special provision 77 applies to use material, as defined in § 178.275 of unspecified, n.o.s. or (BIO) Medical of Division 5.1 subsidiary risk label. We the HMR, where the test pressure is waste, n.o.s.,’’ UN3291, would be added propose to revise this special provision 1.5 times the maximum allowable in its place. for consistency with the wording in the working pressure. 60. For the international entry for UN Recommendations. As proposed, —TP28 to specify that when this ‘‘Sulfur,’’ UN1350, the quantity Special provision 77 would no longer material is transported in an IM or UN limitations in Columns (9A) and (9B) apply only to ‘‘domestic Specification portable tank, a portable would be revised to read 25 kg and 100 transportation.’’ Further, we propose to tank having a minimum test pressure kg, respectively. clarify that a Division 5.1 label is of 2.65 bar (265 kPa) may be used 61. The entry required if other oxidizing gases are provided the calculated test pressure ‘‘Trimethylchlorosilane,’’ UN1298, PG present. Also, the provision would be is 2.65 bar or less based on the II, would be revised by removing the applied to the entry ‘‘Compressed gas, maximum allowable working pressure reference to § 173.150 ‘‘Exceptions for n.o.s.,’’ UN1956, which is the most of the material, as defined in Class 3 (flammable) and combustible appropriate description for mixtures § 178.275 of the HMR, where the test liquids’’ in Column (8A). currently described as ‘‘Carbon dioxide pressure is 1.5 times the maximum Also, see § 172.102 for additional and oxygen mixtures, compressed.’’ In allowable working pressure. HMT amendments. this NPRM, we are proposing to remove —TP29 to specify that when this the entry for ‘‘Carbon dioxide and Appendix B to § 172.101 material is transported in an IM or UN oxygen mixtures, compressed,’’ which is Specification portable tank, a portable Appendix B to § 172.101 lists Marine consistent with its removal from the UN tank having a minimum test pressure Pollutants regulated under the HMR. Recommendations. of 1.5 bar (150.0 kPa) may be used For the entry ‘‘Copper chloride’’ we are • Special provision 146 would be provided the calculated test pressure proposing to add the designation ‘‘PP’’ amended to authorize the domestic is 1.5 bar or less based on the to indicate that copper chloride is a classification of a material as maximum allowable working pressure severe marine pollutant. We are also environmentally hazardous if it is of the material, as defined in proposing to correct an oversight by designated as such by foreign competent § 178.275 of the HMR, where the test removing the entries ‘‘Alcohol C–13— authorities. The provision as currently pressure is 1.5 times the maximum C–15 poly (1–6) ethoxylate’’ and ‘‘1,2- worded may be interpreted to only allowable working pressure. Dichlorobenzene.’’ Removal of the entry allow such classification for 52. The entry ‘‘Plastic molding ‘‘Alcohol C–13—C–15 poly (1–6) international shipments. Due to current compound in dough, sheet or extruded ethoxylate’’ was overlooked in a final differences in criteria for the rope form evolving flammable vapor, rule published under Docket HM–215G classification of environmentally UN3314, PG III, would be revised by (69 FR 76044; December 20, 2004) and hazardous substances world-wide, we removing vessel stowage location A and removal of the entry ‘‘1,2- believe the amended provision will adding location E in Column (10A), and Dichlorobenzene’’ was overlooked in a afford additional flexibility to industry by adding Vessel Stowage provisions 19, final rule published under Docket HM– and reduce shipping costs by allowing 25 and proposed new Vessel Stowage 215D (66 FR 33316; June 21, 2001). both domestic and international shipments to be treated identically. provision 144 in Column (10B). Section 172.102 53. The entry ‘‘Polymeric beads, • Special provision 147 applies to expandable, evolving flammable vapor, Section 172.102 lists a number of non-sensitized emulsions, suspensions UN2211, PG III, would be revised by special provisions applicable to the and gels consisting primarily of a removing stowage location A and transportation of specific hazardous mixture of ammonium nitrate and fuel, adding location E in Column (10A), and materials. Special provisions contain intended to produce a Type E blasting by adding Vessel Stowage provisions 19, packaging provisions, prohibitions, and explosive only after further processing 25 and proposed new Vessel Stowage exceptions applicable to particular prior to use. In accordance with the UN provision 144 in Column (10B). quantities or forms of hazardous Recommendations, this special 54. For the entry ‘‘Propionic acid,’’ materials. For consistency with provision would be revised to specify UN1848, the proper shipping name international standards, we propose to the composition of mixtures for would be revised to read, ‘‘Propionic amend § 172.102, Special provisions, as suspensions and gels and to specify acid with not less than 10% and less follows: these substances be tested in accordance than 90% acid by mass.’’ This revision • Special provision 15 specifies the with Test Series 8 of the UN Manual of appears as a ‘‘Remove/Add’’ in this types of materials and packaging Tests and Criteria. • rulemaking. requirements for chemical kits and first Special provision 166 authorizes 55. A new entry, ‘‘Propionic acid with aid kits. We propose to revise Special non-friable, tablet form calcium not less than 90% acid by mass,’’ provision 15 to list examples that may hypochlorite, dry or hydrated, to be UN3463, would be added. be described as ‘‘Chemical kits’’ and transported as a Packing Group III 56. The entry ‘‘Rare gases mixtures, ‘‘First aid kits.’’ material. In accordance with the UN compressed,’’ UN1979, would be • Special provision 47 specifies Recommendations, we propose to revise removed. requirements for mixtures of non- Special provision 166 to remove the 57. The entry ‘‘Rare gases and oxygen hazardous solids and flammable liquids. authorization for ‘‘hydrated’’ non-friable mixtures, compressed,’’ UN1980, would In accordance with the UN tablet forms of calcium hypochlorite to be removed. Recommendations, Special provision 47 be transported as a PG III material.

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• A new Special provision 175 would UN 1263, Paint, 3, PG II, 5 fiberboard requirements. Finally, we are proposing be added to require stabilization for boxes x 5 L, 6 fiberboard boxes x 10 L to add a new paragraph (c)(7) to except certain substances when transported in Where the letter ‘‘G’’ follows the Class 7 radioactive materials in type A, concentrations of not more than 99%. quantity in Column (9A) or (9B), the IP–2, IP–3, B(U), B(M) or C packages • Special provision 101 would be gross mass must be indicated, rather from the orientation marking removed. This special provision than the net quantity. requirement. requires the name of the particular Also, we are proposing the following substance or article to be specified. With additional requirements: Sections 172.407 and 172.427 the introduction of the letter ‘‘G’’ in —For empty uncleaned packaging, only Section 172.407 establishes Column (1), which requires the n.o.s. the number and type of packaging specifications for package labels. and generic proper shipping names to must be shown; Section 172.427 establishes be supplemented with the technical —For chemical kits and first aid kits, requirements for the ORGANIC name of the hazardous material, Special the total net mass of hazardous PEROXIDE label. In accordance with the provision 101 becomes obsolete. materials must be shown. Where a kit UN Recommendations, we are • A new Special provision A105 contains solids and/or liquids, the net proposing to revise the ORGANIC would be added to specify the quantity mass of liquids within the kit is to be PEROXIDE label. The new label will of hazardous materials allowed in calculated on a 1 to 1 basis, i.e., 1 liter reflect the fact that organic peroxides equipment or apparatus. equals 1 kilogram; are highly flammable and will enable —For dangerous goods in machinery or Section 172.202 transport workers to readily distinguish apparatus, the individual total peroxides from oxidizers with which Section 172.202 establishes quantities of dangerous goods in they are generally not compatible. We requirements for shipping descriptions solid, liquid or gaseous state, also propose to allow labels meeting the on shipping papers. Currently, the basic contained in the article must be specifications in effect on December 31, description of a hazardous material shown; 2006, to continue to be displayed until consists of the proper shipping name, —For dangerous goods transported in a January 1, 2011 (see § 171.14). Adoption hazard class, ID number and packing salvage packaging, an estimate of the of the redesigned label will eliminate group, in that order. The HMR also quantity of dangerous goods per the current requirement in § 172.402 for authorize an alternative description package must be shown; a package containing an organic sequence, which lists the identification —For cylinders, the total quantity may peroxide to bear a FLAMMABLE number first, followed by the proper be indicated by the number of LIQUID subsidiary label in addition to shipping name, hazard class, and cylinders, for example, ‘‘10 the ORGANIC PEROXIDE primary packing group. Beginning January 1, cylinders;’’ hazard class label. 2007, the alternative shipping —For items where ‘‘No Limit’’ is shown description sequence will be mandatory in Column (9A) or (9B) of the HMT, Section 172.552 on shipping documents prepared the quantity shown should be the net Section 172.552 establishes specific according to the ICAO Technical mass or volume of the material, requirements for the ORGANIC Instructions and the IMDG Code. In this except for UN2800, UN2807, UN3072, PEROXIDE placard. In accordance with NPRM, we propose to adopt the UN3166 and UN3173, where the the UN Recommendations, in paragraph alternative shipping description quantity should be the gross mass of (b), we are proposing to revise the sequence. We are also proposing a 2- the article. ORGANIC PEROXIDE placard. The new year transition period to allow offerors placard will reflect the fact that organic sufficient time to convert to the new Section 172.312 peroxides are highly flammable and will shipping description sequence. Readers Section 172.312 addresses marking enable transport workers to readily are invited to comment on this proposal, requirements for liquid hazardous distinguish peroxides from oxidizers especially on the length of the transition materials in non-bulk packagings. period. Specifically, the packaging must be with which they are generally not The description of a hazardous marked with orientation arrows to compatible. We also propose to allow material on a shipping paper must indicate how the package should be placards meeting the specifications in include the total quantity of hazardous oriented during transportation; the effect on December 31, 2006, to material (by mass or volume) covered by arrows indicate which end of the continue to be displayed until January the description (see § 172.202(a)(5)). The package is ‘‘up.’’ Currently the HMR 1, 2011 (see § 171.14). majority of quantity limitations set forth require orientation markings only on a Part 173 for transportation by aircraft, in non-bulk combination package with Columns (9A) and (9B), are ‘‘net’’ inner packagings that contain a liquid Section 173.9 quantities. Section 175.75 limits the hazardous material, unless specifically Section 173.9 sets forth requirements quantity of hazardous materials, excepted. In this NPRM, we propose to for transporting cargo that has been expressed in net mass, aboard an revise paragraph (a) to require fumigated or is undergoing fumigation. aircraft. To facilitate compliance with orientation markings on single Such shipments must have a the aircraft operator’s requirements, we packagings fitted with vents and on FUMIGANT marking. As specified in are proposing that, for transportation by open cryogenic receptacles intended for this section, the FUMIGANT marking aircraft, the total quantity per package the transport of refrigerated liquefied includes an indication of the material be shown, expressed as net mass, except gases. Also, we propose to require the used for fumigation and the date and as otherwise specified. For example: size of the marking to be proportioned time the fumigant was applied. UN1263, Paint, 3, PG II, 5 fiberboard so that it is clearly visible in relation to Currently, transport vehicles or freight boxes x 5 L each the size of the package, and to require containers containing fumigated cargoes Different size packages containing the color of the arrows to be either black are not required to show the date the different quantities of the same or red on a suitable contrasting fumigant transport vehicle or freight hazardous material must be clearly background. Currently, the HMR do not container was ventilated to remove identified. For example: specify either size or color harmful concentration of fumigant gas.

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To minimize the possibility of an Section 173.115 procedure. This will ensure that individual entering a fumigated The HMR define a Division 2.2 non- oxidizing substances containing 5.0% or transport vehicle or freight container flammable gas as any material or more of combustible organic substances prematurely, we are proposing to add mixture that ‘‘exerts in the packaging an are also tested for their ability to self- the date of ventilation on the absolute pressure of 280 kPa (40.6 psia) react and to ensure that in such FUMIGANT marking. We are also or greater at 20 °C (68 °F), * * *.’’ In instances, these substances are proposing to revise the specifications for paragraph (b)(1), we propose to add the appropriately classed for their self- the FUMIGANT marking to allow either phrase ‘‘or is a cryogenic liquid,’’ to reactive hazard. red or black marking on a white clarify that a cryogenic liquid, whether Section 173.133 background. Finally, we are proposing or not it meets the definition of a to revise the section for clarity. Division 2.2 non-flammable gas, is Section 173.133 establishes criteria subject to the HMR. This is consistent for assignment of packing groups to Sections 173.35, 173.120, 173.121, and with the current requirements for Appendix H to Part 173 poisonous (Division 6.1) materials. We cryogenic liquids in § 173.115(g). are proposing to amend the toxicity Section 173.35 sets forth requirements Currently, paragraph (k)(5) of this criteria for consistency with the toxicity for transporting hazardous materials in section requires aerosols containing criteria adopted in the UN Class 8, PG III materials to be assigned intermediate bulk containers (IBCs); Recommendations on the basis of the a Class 8 subsidiary hazard. We are § 173.120 establishes classification limits established in the GHS. As a proposing to amend paragraph (k)(5) to criteria for flammable liquid (Class 3) result, some materials that were not specify that aerosols containing Class 8, materials; § 173.121 addresses packing previously regulated under the HMR PG II or PG III materials must be will be regulated as Division 6.1, group assignments for Class 3 materials; assigned a Class 8 subsidiary hazard. and Appendix H to Part 173 sets forth Packing Group III; some materials methods to test a material to determine Section 173.124 currently regulated as Division 6.1, its combustibility. We are proposing Section 173.124 establishes Packing Group I or II will be assigned revisions in all of these sections to classification criteria for Division 4.1 to a different packing group; and some revise the upper limit for a PG III (flammable solid), Division 4.2 materials that were previously regulated flammable liquid from 60.5 °C (141 °F) (spontaneously combustible), and as Division 6.1, Packing Group III will to 60 °C (140 °F). This is consistent with Division 4.3 (dangerous when wet) not be subject to regulation under the recent changes to the classification of materials. We are proposing to require HMR. PHMSA is proposing a five year flammable liquids based on the GHS mixtures of oxidizing substances transition period. and adoption into the UN containing 5.0% or more combustible The effect of these changes to packing Recommendations. PHMSA is also organic substances to be subject to the group assignments for Division 6.1 proposing a five-year transition period. self-reactive substance classification materials is summarized as follows:

Current PG Proposed PG Material properties assignment assignment

Oral LD50 > 200, ≤ 300 (Solid) ...... Not regulated ... III. Oral LD50 > 300, ≤ 500 (Liquid) ...... III ...... Not regulated. Dermal LD50 > 40, ≤ 50 ...... II ...... I. Inhalation toxicity by dusts and mists LC50 > 0.2, ≤ 0.5 ...... I ...... II. Inhalation toxicity by dusts and mists LC50 > 4, ≤ 10 ...... III ...... Not regulated.

Sections 173.134 and 173.197 transportation or transported in a liquid Tests and Criteria as the only acceptable These sections are revised by state. Therefore, we are proposing to test method for determining the replacing the wording ‘‘Regulated revise the definition of a ‘‘corrosive corrosivity of a material. That was not medical waste’’ with the wording material’’ in paragraph (a), to include a our intent. In this NPRM, we are ‘‘Regulated medical waste or clinical solid material that is offered for proposing to revise paragraph (c)(2) to waste or (bio) medical waste.’’ transportation or transported as a liquid specify that corrosivity may be and has a severe corrosion rate on steel determined in accordance with methods Section 173.136 or aluminium. described in the UN Manual of Tests Currently, the HMR define ‘‘corrosive Also, we are proposing to remove the and Criteria, as well as other equivalent material’’ to mean ‘‘a liquid or solid that grandfather provision in § 173.136(d) on methods such as those described in causes full thickness destruction of the basis that it is no longer necessary ASTM G 31–72. human skin at the site of contact within because tests other than the one a specified period of time. A liquid that specified in the UN Manual of Tests and Section 173.159 has a severe corrosion rate on steel or Criteria will be authorized. See the aluminum based on the criteria in § 173.137 preamble discussion below. Section 173.159 establishes § 173.137(c)(2) is also a corrosive transportation requirements for wet Section 173.137 material.’’ Certain solids with a low electric storage batteries. In accordance melting point may become liquid during Section 173.137 establishes packing with the ICAO Technical Instructions, transportation, and others may be group criteria for corrosive (Class 8) we are proposing to revise paragraphs intentionally heated above their melting materials. In a final rule published (a), (c)(1), (c)(2), (c)(4), (c)(5), (d)(1) and point and transported as a liquid in the under Docket HM–215G (69 FR 76155; (e)(2) to clarify that batteries may be molten state. We believe that the Class December 20, 2004), we revised the protected against short circuits by the 8 definition should apply equally to language in paragraph (c)(2) mandating use of non-conductive caps that cover liquids and to solids offered for the corrosion test in the UN Manual of the entire terminal(s).

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Section 173.166 Section 173.222 Because the aerosols and small gas This section establishes requirements receptacles would not be subject to the Section 173.166 establishes shipping paper, package marking, or transportation requirements for air bag for hazardous materials in equipment, machinery and apparatus. Because of labeling requirements, a carrier might be inflators, air bag modules, and seat-belt the addition of Special provision A105 unaware of the potential risks. In pretensioners. Currently, paragraph in the HMT, the shipping paper addition, to avoid confusion and further (d)(1) excepts from the HMR air bag requirements in paragraph (d) no longer clarify the intent of this exception, we modules and seat-belt pretensioners apply to transportation by aircraft. We are proposing to revise paragraph (i) to approved by the Associate are proposing to revise paragraph (d) specify that the 50 mL exception for Administrator and installed in a motor accordingly. aerosols does not apply to self-defense vehicle or a completed motor vehicle sprays. It was not our intent to authorize component. We propose to revise Section 173.224 the use of this exception for self-defense paragraph (d)(1) to expand the Section 173.224 establishes packaging sprays. exception to include air bag modules and control and emergency Also, we are proposing to add a new and seat-belt pretensioners installed in temperatures for self-reactive materials. paragraph (j) to alert readers to other means of conveyance, such as The Self-Reactive Materials Table in additional exceptions for compressed boats and aircraft, or their components. paragraph (b)(7) of this section specifies gases in § 173.307. self-reactive materials authorized for Section 173.187 Part 175 transportation without first being Section 173.187 establishes approved for transportation by the Section 175.10 transportation requirements for Associate Administrator for Hazardous Currently, safety matches or a lighter pyrophoric solids, metals, or alloys, not Materials Safety and requirements for intended for use by a passenger or crew otherwise specified (n.o.s.). We propose transporting these materials. In member are excepted from the HMR. In to revise this section for clarity and to paragraph (b)(7), we propose to add a accordance with the ICAO Technical correct an oversight by adding 4A steel new entry ‘‘Acetone-pyrogallol Instructions, in this NPRM, we are boxes to the list of authorized copolymer 2-diazo-1-naphthol-5- proposing to revise paragraph (a)(2) to packagings for pyrophoric solids, metals sulphonate’’ to the Self-Reactive limit the number of safety matches that or alloys, n.o.s. Materials Table. may be carried on one’s person or in Section 173.230 carry-on baggage by a passenger or Section 173.216 crewmember to one packet. We are proposing to add a new Section 173.216 establishes packaging section (§ 173.230) for the Section 175.78 transportation requirements for blue, transportation of ‘‘Fuel cell cartridges Section 175.78 establishes brown, or white asbestos. Paragraph (c) containing flammable liquids, UN requirements for stowing hazardous of this section specifies packaging 3473’’ including methanol or methanol/ materials on an airplane. We propose to requirements for these materials. In water solutions. For consistency with amend paragraph (c)(4) to clarify which paragraph (c), we are proposing to the ICAO Technical Instructions, we are explosive materials may be stowed require bags or other non-rigid packages proposing to require fuel cell cartridges together aboard an aircraft and to containing asbestos to be transported in containing flammable liquids, other remove existing stowage references for than those packaged with equipment, to rigid outer packages or closed freight explosive materials not authorized for be packaged in specification packagings containers. transportation aboard aircraft under any for all modes of transportation. Fuel cell circumstances. Section 173.220 cartridges packaged in or with Section 173.220 establishes equipment must be packaged in strong Part 176 outer packagings. transportation requirements for internal Section 176.76 combustion engines, self-propelled Section 173.306 Section 176.76 establishes vehicles, mechanical equipment This section establishes transportation requirements for vessel transportation of containing internal combustion engines, requirements for limited quantities of transport vehicles, freight containers, and battery powered vehicles and compressed gases. Paragraph (i) of this and portable tanks containing hazardous equipment. For transportation by section excepts aerosols with capacities materials. Paragraph (f) includes aircraft, the HMR impose a pressure under 50 mL (1.7 oz) and pressures not requirements for portable tanks limit of not more than 5% of the exceeding 970 kPa (141 psig) at 55 °C containing flammable liquids or gases. maximum allowable working pressure (131 °F) from all HMR requirements. In Consistently with recent changes to the in any part of the system between the this NPRM, we propose to expand this classification of flammable liquids pressure receptacle and the shut off exception to aerosols with capacities of based on the GHS and adopted into the valve of a flammable gas powered less than 50 mL (1.7 oz) and pressures UN Recommendations discussed vehicle. We are proposing to revise of up to 290 psig (2000 kPa) provided elsewhere in this preamble, we are paragraph (b)(2)(ii)(B)(3) to specify that the packagings conform to the general proposing to revise paragraph (f)(2) to the pressure limit imposed applies to packaging requirements of § 173.24. The specify the new upper limit for a PG III the entire closed system and that the proposed amendment is not consistent flammable liquid to be 60 °C (140 °F). maximum pressure allowed is 290 psig with provisions of the UN (2000 kPa). Also, consistently with the Recommendations or the ICAO Section 176.83 ICAO Technical Instructions, we are Technical Instructions, which do not Section 176.83 establishes segregation proposing to revise paragraphs (c) and limit the pressure within the aerosol or requirements for hazardous materials (d) to clarify that batteries may be small receptacle. We are not convinced transported by vessel. We are proposing protected against short circuits by the that aerosols should be excepted from to revise paragraph (a)(4) to identify use of non-conductive caps that cover all regulation when the pressure in the materials of different hazard classes that the entire terminal(s). container exceeds 290 psig (2000 kPa). do not react dangerously with each

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other and, therefore, do not need to be ability of the portable tank to withstand VI. Regulatory Analyses and Notices segregated. the effects of a longitudinal impact. This A. Statutory/Legal Authority for This requirement would take effect on Section 176.84 Rulemaking January 1, 2008, and is consistent with Section 176.84 contains additional the international requirements. UN This proposed rule is published under stowage and segregation requirements portable tanks impact-tested based on the following statutory authorities: for hazardous materials on cargo and the criteria in effect on October 1, 2005, 1. 49 U.S.C. 5103(b) authorizes the passenger vessels. Consistently with the would not need to be retested. Secretary of Transportation to prescribe 2004 Edition of the IMDG Code, regulations for the safe transportation, incorporating Amendment 33–06, in the Section 178.602 including security, of hazardous paragraph (b) Table of provisions, we material in intrastate, interstate, and Section 178.602 establishes foreign commerce. This proposed rule are proposing to add a new Code ‘‘144.’’ requirements for the preparation of Code ‘‘144’’ would be added to the amends regulations to maintain packagings for testing to ascertain that alignment with international standards entries ‘‘Plastic molding compound in the packaging conforms to the design dough, sheet or extruded rope from by incorporating various amendments, requirements of the applicable including changes to proper shipping evolving flammable vapor,’’ UN3314, specification. Currently, for the and ‘‘Polymeric beads expandable, names, hazard classes, packing groups, preparation of bags for the drop and special provisions, packaging evolving flammable vapor,’’ UN2211, to stacking tests, paragraph (b) requires specify these materials must be authorizations, air transport quantity bags to be filled to the maximum mass limitations and vessel stowage mechanically ventilated in accordance at which they may be used. We are with SOLAS regulation II–2/19 (IBR; see requirements. To this end, as discussed proposing to revise paragraph (b) to in detail earlier in this preamble, the § 171.7 of this subchapter) for clarify that the preparation of bags for flammable liquids with a flashpoint proposed rule amends the HMR to more ° ° the drop and stacking tests only applies fully align them with the biennial below 23 C (73 F) when stowed under to bags containing solids. deck. updates of the UN Recommendations, Also, we are proposing to add a new Section 178.810 the IMDG Code and the ICAO Technical note ‘‘2’’ following the Table. Note ‘‘2’’ Instructions; this will facilitate the provides an exception from the Section 178.810 establishes transport of hazardous materials in segregation requirements for Class 8, PG requirements for performing the drop international commerce. II and III materials, provided the test for IBCs. We are proposing to revise 2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to ensure substances do not react dangerously paragraph (b)(1) to clarify that metal, that, to the extent practicable, with each other and the quantities per rigid plastic, and composite IBCs must regulations governing the transportation package do not exceed 30 L (7.8 gallons) be filled to not less than 95% of their of hazardous materials in commerce are for liquids and 30 kg (66 lbs.) for solids. maximum capacity when conducting consistent with standards adopted by We are also proposing to revise Codes drop tests for solids, and not less than international authorities. This rule ‘‘26,’’ ‘‘27,’’ ‘‘52,’’ and ‘‘53’’ to add the 98% of their maximum capacity for proposes to amend the HMR to maintain new proposed note ‘‘2.’’ These liquids. Similarly, in paragraph (b)(2), alignment with international standards provisions are consistent with the IMDG we are proposing to require fiberboard by incorporating various amendments to Code. and wooden IBCs to be filled with a solid material to not less than 95% of facilitate the transport of hazardous Part 178 their maximum capacity. Also, we are material in international commerce. To this end, as discussed in detail earlier in Section 178.274 proposing to add a new paragraph (b)(3) to require filling flexible IBCs to the this preamble, the rule proposes to Section 178.274 establishes design, maximum permissible gross mass and incorporate changes into the HMR based manufacturing, and test requirements even distribution of the contents. on the Fourteenth revised edition of the for UN portable tanks. Currently, a UN Recommendations, Amendment 33 prototype UN portable tank must be Part 180 to the IMDG Code, and the 2007–2008 shown capable of absorbing the forces Section 180.352 ICAO Technical Instructions, which resulting from an impact not less than become effective January 1, 2007. The four times the maximum permissible Section 180.352 establishes continually increasing amount of gross weight of the fully loaded portable requirements for retesting and hazardous materials transported in tank at a duration that is typical of the inspection of IBCs to ensure that they international commerce warrants the mechanical shocks experienced in rail continue to conform to the applicable harmonization of domestic and transportation. Several standards specification. We are proposing to revise international requirements to the describing methods acceptable for paragraph (b) to specify that each IBC greatest extent possible. Harmonization performing the impact test were intended to contain solids that are serves to facilitate international previously listed in the UN loaded or discharged under pressure or transportation; at the same time, Recommendations (6.7.3.15). The intended to contain liquids must be harmonization ensures the safety of Fourteenth revised edition of the UN tested in accordance with the people, property, and the environment Recommendations includes a dynamic leakproofness test prescribed in by reducing the potential for confusion longitudinal impact test for portable § 178.813 prior to its first use in and misunderstanding that could result tanks. All procedures, test requirements, transportation. For this test, the IBC is if shippers and transporters were processing and analysis of data are not required to have its closures fitted. required to comply with two or more found in Section 41 of Addendum 2 to These additions incorporate conflicting sets of regulatory the UN Recommendations. clarifications adopted in the Fourteenth requirements. While the intent of this We propose to revise paragraph (j)(6) revised edition of the UN rulemaking is to align the HMR with to require each UN portable tank design Recommendations. We are proposing to international standards, we review and type be subjected to a dynamic editorially revise paragraph (g) for consider each amendment on its own longitudinal impact test to prove the clarity. merit based on its overall impact on

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transportation safety and the economic set of regulations and a one year DOT issues a regulation concerning any implications associated with its transition period. A regulatory of the covered subjects, DOT must adoption into the HMR. Our goal is to evaluation is available for review in the determine and publish in the Federal harmonize without sacrificing the public docket for this rulemaking. Register the effective date of Federal current HMR level of safety and without preemption. The effective date may not C. Executive Order 13132 imposing undue burdens on the be earlier than the 90th day following regulated public. Thus, as discussed in This proposed rule has been analyzed the date of issuance of the final rule and detail earlier in this preamble, there are in accordance with the principles and not later than two years after the date of several instances where we elected not criteria contained in Executive Order issuance. PHMSA proposes the effective to adopt a specific provision of the UN 13132 (‘‘Federalism’’). This proposed date of Federal preemption be 90 days Recommendations, the IMDG Code or rule preempts State, local and Indian from publication of a final rule in this the ICAO Technical Instructions; tribe requirements but does not propose matter in the Federal Register. further, we are maintaining a number of any regulation that has substantial D. Executive Order 13175 current exceptions for domestic direct effects on the States, the transportation that should minimize the relationship between the national This proposed rule was analyzed in compliance burden on the regulated government and the States, or the accordance with the principles and community. distribution of power and criteria contained in Executive Order responsibilities among the various 13175 (‘‘Consultation and Coordination B. Executive Order 12866 and DOT levels of government. Therefore, the with Indian Tribal Governments’’). Regulatory Policies and Procedures consultation and funding requirements Because this proposed rule does not This proposed rule is not considered of Executive Order 13132 do not apply. have tribal implications, does not a significant regulatory action under The Federal hazardous material impose substantial direct compliance section 3(f) of Executive Order 12866 transportation law, 49 U.S.C. 5101– costs, and is required by statute, the and, therefore, was not reviewed by the 5128, contains an express preemption funding and consultation requirements Office of Management and Budget. The provision (49 U.S.C. 5125(b)) that of Executive Order 13175 do not apply. proposed rule is not considered a preempts State, local, and Indian tribe E. Regulatory Flexibility Act, Executive significant rule under the Regulatory requirements on certain covered Order 13272, and DOT Procedures and Policies and Procedures of the subjects. Covered subjects are: Policies Department of Transportation [44 FR (1) The designation, description, and 11034]. This proposed rule applies to classification of hazardous material; The Regulatory Flexibility Act (5 offerors and carriers of hazardous (2) The packing, repacking, handling, U.S.C. 601 et seq.) requires an agency to materials, such as chemical labeling, marking, and placarding of review regulations to assess their impact manufacturers, chemical users and hazardous material; on small entities, unless the agency suppliers, packaging manufacturers, (3) The preparation, execution, and determines that a rule is not expected to distributors, battery manufacturers, use of shipping documents related to have a significant impact on a radiopharmaceutical companies, and hazardous material and requirements substantial number of small entities. training companies. Benefits resulting related to the number, contents, and This proposed rule facilitates the from the adoption of the amendments in placement of those documents; transportation of hazardous materials in this proposed rule include enhanced (4) The written notification, international commerce by providing transportation safety resulting from the recording, and reporting of the consistency with international consistency of domestic and unintentional release in transportation standards. This proposed rule applies to international hazard communications of hazardous material; and offerors and carriers of hazardous and continued access to foreign markets (5) The design, manufacture, materials, some of whom are small by U.S. manufacturers of hazardous fabrication, inspection, marking, entities, such as chemical users and materials. maintenance, recondition, repair, or suppliers, packaging manufacturers, The majority of amendments in this testing of a packaging or container distributors, battery manufacturers, and proposed rule should result in cost represented, marked, certified, or sold training companies. As discussed above, savings and ease the regulatory as qualified for use in transporting under Executive Order 12866, the compliance burden for shippers engaged hazardous material in commerce. majority of amendments in this in domestic and international This proposed rule addresses covered proposed rule should result in cost commerce, including trans-border subject items (1), (2), (3), and (5) above savings and ease the regulatory shipments within North America. and preempts State, local, and Indian compliance burden for shippers engaged We propose a delayed effective date tribe requirements not meeting the in domestic and international and a one-year transition period to ‘‘substantively the same’’ standard. This commerce, including trans-border allow for training of employees and to proposed rule is necessary to shipments within North America. ease any burden on entities affected by incorporate changes adopted in Many companies will realize the amendments. The total net increase international standards, effective economic benefits as a result of these in costs to businesses in implementing January 1, 2007. If the changes in this amendments. Additionally, the changes the proposed rule is considered to be proposed rule are not adopted in the effected by this final rule will relieve minimal. The costs are the result of HMR, U.S. companies, including U.S. companies, including small entities reprogramming shipping paper numerous small entities competing in competing in foreign markets, from the computer programs, replacement of pre- foreign markets, would be at an burden of complying with a dual system printed forms for firms that do not use economic disadvantage. These of regulations. Therefore, I certify that automated systems, and changes to companies would be forced to comply these amendments will not, if package markings and labels. Initial with a dual system of regulations. The promulgated, have a significant start-up and inventory costs would changes in this proposed rulemaking are economic impact on a substantial result from these changes; however, the intended to avoid this result. Federal number of small entities. costs would be offset by greater long- hazardous materials transportation law This proposed rule has been term savings of conformance with one provides at section 5125(b)(2) that, if developed in accordance with Executive

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Order 13272 (‘‘Proper Consideration of G. Regulation Identifier Number (RIN) List of Subjects Small Entities in Agency Rulemaking’’) 49 CFR Part 171 and DOT’s procedures and policies to A regulation identifier number (RIN) promote compliance with the is assigned to each regulatory action Exports, Hazardous materials Regulatory Flexibility Act to ensure that listed in the Unified Agenda of Federal transportation, Hazardous waste, potential impacts of draft rules on small Regulations. The Regulatory Information Imports, Incorporation by reference, entities are properly considered. Service Center publishes the Unified Reporting and recordkeeping Agenda in April and October of each requirements. F. Paperwork Reduction Act year. The RIN contained in the heading 49 CFR Part 172 Under the Paperwork Reduction Act of this document can be used to cross- of 1995, no person is required to reference this action with the Unified Education, Hazardous materials respond to a collection of information Agenda. transportation, Hazardous waste, unless it displays a valid Office of H. Unfunded Mandates Reform Act Incorporation by reference, Labeling, Management and Budget (OMB) control Markings, Packaging and containers, number. Section 1320.8(d), Title 5, Code This proposed rule does not impose Reporting and recordkeeping of Federal Regulations requires that unfunded mandates under the requirements. PHMSA provide interested members of Unfunded Mandates Reform Act of 49 CFR Part 173 the public and affected agencies an 1995. It does not result in costs of opportunity to comment on information $120.7 million or more to either State, Hazardous materials transportation, collection and recordkeeping requests. local or tribal governments, in the Incorporation by reference, Packaging PHMSA currently has two approved aggregate, or to the private sector, and and containers, Radioactive materials, information collections affecting this is the least burdensome alternative that Reporting and recordkeeping proposed rule: OMB Control Number achieves the objective of the rule. requirements, Uranium. 2137–0557, ‘‘Approvals for Hazardous I. Environmental Assessment 49 CFR Part 175 Materials’’ with 25,605 burden hours Air carriers, Hazardous materials and $562,837.40 burden costs; and OMB The National Environmental Policy transportation, Incorporation by Control Number 2137–0613, Act of 1969 (NEPA) requires Federal reference, Radioactive materials, ‘‘Subsidiary Hazard Class & Number/ agencies to consider the consequences Reporting and recordkeeping Type of Packagings’’ with 63,309 burden of major Federal actions and prepare a requirements. hours and $216,705 burden costs. detailed statement on actions This rule proposes minor editorial significantly affecting the quality of the 49 CFR Part 176 changes. However, there is no net human environment. We developed an Hazardous materials transportation, increase in burden for OMB Control assessment to determine the effects of Incorporation by reference, Maritime Number 2137–0557 or OMB Control these revisions on the environment and carriers, Radioactive materials, Number 2137–0613. We estimate the whether a more comprehensive Reporting and recordkeeping total information collection and environmental impact statement may be requirements. recordkeeping burden as follows: required. Consistency in the regulations for the transportation of hazardous 49 CFR Part 178 ‘‘Approvals for Hazardous Materials’’ materials aids in shipper understanding Hazardous materials transportation, OMB Number: 2137–0557. of the requirements and permits Incorporation by reference, Motor Total Annual Number of shippers to more easily comply with vehicle safety, Packaging and Respondents: 3,523. safety regulations and avoid the containers, Reporting and recordkeeping Total Annual Responses: 3,874.8. potential for environmental damage or requirements. Total Annual Burden Hours: 25,605. contamination. Our findings tentatively Total Annual Burden Cost: conclude that there are no significant 49 CFR Part 180 $562,837.40. environmental impacts associated with Hazardous materials transportation, this proposed rule. Interested parties, ‘‘Subsidiary Hazard Class & Number/ Incorporation by reference, Motor however, are invited to review the Type of Packagings’’ carriers, Motor vehicle safety, Packaging Environmental Assessment available in and containers, Railroad safety, OMB Number: 2137–0613. the docket and to comment on what Reporting and recordkeeping Total Annual Number of environmental impact, if any, the requirements. Respondents: 250,000. proposed regulatory changes would In consideration of the foregoing, 49 Total Annual Responses: 6,337,500. have. CFR Chapter I is proposed to be Total Annual Burden Hours: 17,604. J. Privacy Act amended as follows: Total Annual Burden Cost: $216,705. Total First Year Burden Hours: Anyone is able to search the PART 171—GENERAL INFORMATION, 45,705. electronic form of any written REGULATIONS, AND DEFINITIONS Total First Year Burden Cost: communications and comments $1,115,992. received into any of our dockets by the 1. The authority citation for part 171 Requests for a copy of this name of the individual submitting the continues to read as follows: information collection should be document (or signing the document, if Authority: 49 U.S.C. 5101–5128, 44701; 49 directed to Deborah Boothe or T. Glenn submitted on behalf of an association, CFR 1.45 and 1.53; Pub. L. 101–410 section Foster, Office of Hazardous Materials business, labor union, etc.). You may 4 (28 U.S.C. 2461 note); Pub. L. 104–134 Standards (PHH–10), Pipeline and review DOT’s complete Privacy Act section 31001. Hazardous Materials Safety Statement in the Federal Register 2. In § 171.7, in the paragraph (a)(3) Administration, Room 8422, 400 published on April 11, 2000 (Volume table, the following changes are made: Seventh Street, SW., Washington, DC 65, Number 70; Pages 19477–78) or you a. Under the entry ‘‘International Civil 20590–0001, telephone (202) 366–8553. may visit http://dms.dot.gov. Aviation Organization (ICAO),’’ the

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entry ‘‘Technical Instructions for the Maritime Dangerous Goods Code (IMDG Transport of Dangerous Goods, Manual Safe Transport of Dangerous Goods by Code), 2004 Edition, Incorporating of Tests and Criteria, Fourth Revised Air (ICAO Technical Instructions), Amendment 32–04 (English Edition), Edition, (2003)’’ is revised. 2005–2006 Edition’’ is revised; Volumes 1 and 2’’ are revised; The revisions read as follows: c. Under the entry ‘‘United Nations,’’ b. Under the entry ‘‘International the entry ‘‘UN Recommendations on the § 171.7 Reference material. Maritime Organization (IMO),’’ the Transport of Dangerous Goods, entries ‘‘International Convention for Thirteenth Revised Edition (2003), (a) * * * the Safety of Life at Sea, (SOLAS) Volumes I and II’’ is revised; (3) Table of material incorporated by Amendments 2000, Chapter II–2/ d. Under the entry ‘‘United Nations,’’ reference. *** Regulation 19, 2001’’ and ‘‘International the entry ‘‘UN Recommendations on the

Source and name of material 49 CFR reference

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

******* Technical Instructions for the Safe Transport of Dangerous Goods by 171.8; 171.11; 172.202; 172.401; 172.512; 172.602; 173.320; 175.33; Air (ICAO Technical Instructions), 2007–2008 Edition. 178.3. International Maritime Organization (IMO).

*******. International Convention for the Safety of Life at Sea, (SOLAS) Amend- 176.63; 176.84. ments 2000, Chapter II–2/Regulation 19, 2001. International Maritime Dangerous Goods Code (IMDG 2006 Edition, In- 171.12; 172.202; 172.401; 172.502; 172.602; 173.21; 176.2; 176.5; corporating Amendment 33–06 (English Edition), Volumes 1 and 2. 176.11; 176.27; 176.30; 178.3.

******* United Nations.

******* UN Recommendations on the Transport of Dangerous Goods, Four- 171.12; 172.202; 172.41; 172.502; 173.22; 173.24; 173.24b; 173.197; teenth revised edition (2005). Volumes I and II. Part 173, appendix H; 178.274; 178.001. UN Recommendations on the Transport of Dangerous Goods, Manual 172.102; 173.21; 173.56; 173.57; 173.58; 173.115; 173.124; 173.125; of Tests and Criteria, Fourth revised edition, (2003), and Addendum 173.127; 173.128; 173.185; 178.274. 2, (2004).

*******

* * * * * [PUBLICATION DATE OF FINAL shipping paper may display the new 3. In § 171.14, paragraph (b) is RULE] is January 1, 2007. A delayed shipping description; and removed and reserved; paragraphs (d) compliance date of January 1, 2008, is (iii) Either old or new placards may be introductory text, (d)(1) and (d)(2) are authorized. Unless otherwise specified, used regardless of whether old or new revised; paragraphs (d)(7) and (d)(8) are on and after January 1, 2008, all shipping descriptions, labels, and removed; paragraphs (e) and (f) are applicable regulatory requirements package markings are used. revised; and new paragraph (g) is added adopted in the final rule in effect on * * * * * to read as follows: January 1, 2007, must be met. (e) The shipping description (2) Intermixing old and new sequences in effect on December 31, § 171.14 Transitional provisions for requirements. Marking, labeling, 2006, may be used until January 1, 2012. implementing certain requirements. placarding, and shipping paper (f) A Division 5.2 label and a Division * * * * * descriptions must conform to either the 5.2 placard conforming to the (b) [Reserved] old requirements of this subchapter in specifications in §§ 172.427 and * * * * * effect on December 31, 2006, or the new 172.552, respectively, of this subchapter (d) A final rule published in the requirements of this subchapter in the in effect on December 31, 2006, may be Federal Register on [PUBLICATION final rule without intermixing used until January 1, 2011. DATE OF FINAL RULE], effective communication elements, except that (g) The Class 3 and Division 6.1 January 1, 2007, resulted in revisions to intermixing is permitted during the classification criteria and packing group this subchapter. During the transition applicable transition period for assignments in effect on December 31, period, until January 1, 2008, as packaging, hazard communication and 2006, may be used until January 1, 2012. provided in paragraph (d)(1) of this handling provisions, as follows: PART 172—HAZARDOUS MATERIALS section, a person may elect to comply (i) If either shipping names or TABLE, SPECIAL PROVISIONS, with either the applicable requirements identification numbers are identical, a HAZARDOUS MATERIALS of this subchapter in effect on December shipping paper may display the old COMMUNICATIONS, EMERGENCY 31, 2006, or the requirements published shipping description even if the package RESPONSE INFORMATION, AND in the [PUBLICATION DATE OF FINAL is marked and labeled under the new TRAINING REQUIREMENTS RULE] final rule. shipping description; (1) Transition dates. The effective (ii) If either shipping names or 4. The authority citation for part 172 date of the final rule published on identification numbers are identical, a continues to read as follows:

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Authority: 49 U.S.C. 5101–5128; 44701; 49 § 172.101 Purpose and use of hazardous with § 173.150(e) or (f) of this CFR 1.53. materials table. subchapter or has a flash point above 60 5. In § 172.101, paragraph (d)(4) is * * * * * °C (140 °F) but below 93 °C (200 °F). revised and the Hazardous Materials (d) * * * * * * * * Table is amended by removing, adding (4) Each reference to a Class 3 and revising, in the appropriate material is modified to read alphabetical sequence, to read as ‘‘Combustible liquid’’ when that follows: material is reclassified in accordance

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 51909 (10) Vessel stowage Location Other craft only Cargo air- (9) ... 150 kg ...... A. .... 220 L ...... A...... 60 L ...... A ...... 12. idden Forbidden D ...... 40. Quantity limitations kg ...... 150 kg ...... A. aircraft/rail Passenger 75 kg ...... 150 kg ...... A...... 5 L ...... 60 L ...... A. (8)

173.***) § ( Packaging ABLE T Exceptions Non-bulk Bulk None ...... 227 ...... 244 ...... Forbidden Forbidden B ...... 40. 154 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... 12. 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... A ...... 40. None ...... 212 ...... 154 ...... 240 ...... 213 ...... 15 kg ...... 240 ...... 50 kg ...... 25 kg ...... A ...... 100 kg ...... 25, 40, 52. A ...... 25, 40, 52. 153 ...... 213 ...... 240 ...... 100 kg ...... 200 kg ...... A. ATERIALS M sions 172.102) § ( B74, B77, T20, TP2, TP13, TP38, TP45. TP33. TP2. N34, T3, TP33. N34, T1, TP33. TP33. Special provi- AZARDOUS H — 172.101 § PG Label codes PG Label III ...... 8 ...... IB8, IP3, N3, tion numbers Identifica- 8 UN1740 .... II ...... 8 ...... IB8, IP2, IP4, N3, 8 UN28238 .... UN2823 III ...... III 8 ...... 8 IB8, T1 ...... IB8, IP3, T1, 154 ...... 203 ...... 241 ...... 5 L ..... 2.3 UN2600 ...... 2.1...... 2.3, 6 ...... None ...... 302 ...... 302 ...... Forb 2.2 UN1981 ...... 2.2 ...... 306 ...... 302 ...... None ...... 2.2 UN1015 ...... 2.2 ...... 3062.2 ...... UN1014 None ...... 315...... 314, 2.2, 5.1 75 ...... 77, A14 ...... 306 ...... 304 ...... 314, 315 ... 75 kg ..... 6.1 UN1143 .... I ...... 6.1, 3 ...... 2, B9, B14, B32, 6.1 UN2662 .... III ...... 6.1 ...... IB8, IP3, T1, 6.1 UN3435 .... III ...... 6.1 ...... IB3, T4, TP1 ...... 153 ...... 203 ...... 241 ...... 60 L ...... ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* Hazard division class or liquid solid ping names and hydrogen mixture, com- pressed. nitrous oxide mixtures. oxygen mixtures, compressed. stabilized. s, n.o.s. solid. trogen mixtures, compressed. tion. and proper ship- rials descriptions Hazardous mate- Carbon monoxide [Remove]. Carbon dioxide and Carbon dioxide and Crotonaldehyde, Crotonic acid, Crotonic acid, Formic acid ...... 8 UN1779 .... II ...... 8 ...... B2, B28, IB2, T7, Hydrogendifluoride- Hydroquinone, Rare gases and ni- Hydroquinone solu- Propionic acid ...... 8 UN1848 .... III ...... 8 ...... IB3, T4, TP1 ...... 154 ...... 203 ...... 241 . (1) (2) (3) (4) (5) (6) (7) (10B) (10A) (9A) (9B) (8C) (8A) (8B) Symbols

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 51910 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules (10) Vessel stowage Location Other .... A ...... 25, 40, 52. craft only Cargo air- (9) .. 30 L ...... A ...... 25, 40, 52. .... 30 L ...... A ...... 40. .... 60 L ...... A ...... 40. mit ..... No limit ..... A ...... 40...... 60 L ...... A. Quantity limitations kg ...... 150 kg ...... A. aircraft/rail Passenger 75 kg ...... 150 kg ...... A. 241 ...... 5 L ...... 60 L ...... A ...... 12. (8) 173.***) § ( Packaging Continued — ABLE T Exceptions Non-bulk Bulk None ...... 227 ...... 244 ...... Forbidden Forbidden B ...... 40. 154 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... 12. 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... A ...... 40. None ...... 212 ...... 154 ...... 240 ...... 213 ...... 15 kg ...... 240 ...... 50 kg ...... 25 kg ...... A ...... 100 kg ...... 25, 40, 52. A ...... 25, 40, 52. ATERIALS sions 172.102) M § ( B32, B74, B77, T20, TP2, TP13, TP38, TP45. TP33. TP2. N34, T3, TP33. N34, T1, TP33. Special provi- AZARDOUS H — 172.101 § PG Label codes PG Label III ...... 8, 6.1 ...... IB3, T4, TP1 ...... 154 ...... 203 ...... 241 ...... 5 L ...... 60 L ...... III ...... 8 ...... IB8, IP3, N3, tion numbers Identifica- 8 UN3412 .... II ...... 8 ...... IB2, T7, TP2 ...... 154 ...... 202 ...... 242 ...... 1 L ...... 8 UN3412 .... III ...... 8 ...... IB3, T4, TP1 ...... 154 ...... 203 ...... 241 ...... 5 L ...... 8 UN1779 .... II ...... 8, 3 ...... B2, B28, IB2, T7, 3 UN3473 .... II ...... 3 ...... 8 150 UN1740 ...... 230 II ...... None 8 ...... L ...... 5 IB8, IP2, IP4, N3, 8 UN3471 .... II ...... 8, 6.1 ...... IB2, T7, TP2 ...... 154 ...... 202 ...... 242 ...... 1 L ...... 6.1 UN1143 .... I ...... 6.1, 3 ...... 2, 175, B9, B14, 2.2 UN1980 ...... 2.2 ...... 79 ...... 306 ...... 302 ...... None ...... 75 6.2 UN3291 .... II ...... 6.2 ...... A13 ...... 134 ...... 197 ...... 197 ...... li No 2.2 UN1979 ...... 2.2 ...... 306 ...... 302 ...... None ...... ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* Hazard division class or or . . . with with with . ping names stabilized. oxygen mixtures, compressed. waste. tures, com- pressed. not less than 10% but not more than 85% acid by mass not less than 5% but less than 10% acid by mass more than 85% acid by mass containing flam- mable liquids s, solid, n.o.s. solution, n.o.s. and proper ship- rials descriptions Hazardous mate- [ADD]: Crotonaldehyde Crotonaldehyde, Rare gases and Regulated medical Rare gases mix- Crotonic acid, liquid Crotonic acid, solid 8 UN3472 .... 8 UN2823 III ...... III 8 ...... 8 IB8, T1 ...... IB8, IP3, T1, 154 ...... 203 ...... Formic acid Formic acid Formic acid Fuel cell cartridges Hydrogendifluoride- Hydrogendifluoride (1) (2) (3) (4) (5) (6) (7) (10B) (10A) (9A) (9B) (8C) (8A) (8B) Symbols

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 51911 L ...... E ...... 40. L ...... E ...... 40. ... 30 L ...... A. .... 60 L ...... A. mit ..... No limit ..... B ...... 40. 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... B ...... 40. 154 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... B ...... 40. 150 ...... 202 ...... 150 ...... 243 ...... 203 ...... 1 L ...... 242 ...... 5 L ...... 5 L ...... B ...... 60 L ...... 40. A ...... 40. 150 ...... 202 ...... 150 ...... 243 ...... 203 ...... 1 L ...... 242 ...... 5 L ...... 5 L ...... B ...... 60 L ...... 40. A ...... 40. TP8, TP28. TP8, TP28. TP8, TP28. TP29. TP8, TP28. TP29. II ...... 3, 8 ...... III ...... IB2, T7, TP2, 3, 8 ...... IB3, T4, TP1, II ...... 3, 8 ...... III ...... IB2, T7, TP2, 3, 8 ...... IB3, T4, TP1, 8 UN3470 .... II ...... 8, 3 ...... IB2, T7, TP2, 3 UN3469 .... I ...... 3, 8 ...... T11, TP2, TP27 None ...... 201 ...... 243 ...... 0.5 L ...... 2.5 3 UN3469 .... I ...... 3, 8 ...... T11, TP2, TP27 None ...... 201 ...... 243 ...... 0.5 L ...... 2.5 8 UN1848 .... III ...... 8 ...... IB3, T4, TP1 ...... 154 ...... 203 ...... 241 ...... 5 L ...... 8 UN3470 .... II ...... 8, 3 ...... IB2, T7, TP2, 8 UN3463 .... II ...... 8, 3 ...... IB2, T7, TP2 ...... 154 ...... 202 ...... 243 ...... 1 L ...... 6.2 UN3291 .... II ...... 6.2 ...... A13 ...... 134 ...... 197 ...... 197 ...... li No ******* ******* ******* ******* ******* ******* ******* ******* or with with (BIO) . ). or . . ). ). including paint, including paint including paint, including paint flammable ( lacquer, enamel, stain, shellac, varnish, polish, liquid filler and liquid lacquer base rial corrosive, flammable ( thinning or re- ducing com- pound corrosive ( lacquer, enamel, stain, shellac, varnish, polish, liquid filler and liquid lacquer base not less than 10% and less than 90% acid by mass rial, flammable, corrosive ( thinning or re- ducing com- pound) not less than 90% acid by mass Medical waste, n.o.s. waste, n.o.s. Clinical waste, unspecified, n.o.s. Paint, corrosive, Paint related mate- Paint, flammable, Propionic acid Paint related mate- Propionic acid Regulated medical

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 51912 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 126. (10) Vessel stowage Location Other L ...... D ...... 40, 52. craft only Cargo air- Forbidden D ...... 40, 52, 57. Forbidden D ...... 40, 52, 57. Forbidden D ...... Forbidden 40, 52, 57. D ...... 40, 52, 57. (9) ... 60 L ...... A ...... 40, 52, 85. Quantity limitations 5 kg ...... 150 kg ...... A ...... 48, 87, aircraft/rail Passenger (8) 173.***) § ( Packaging Continued — ABLE T Exceptions Non-bulk Bulk 150 ...... 202 ...... 150 ...... 243 ...... 203 ...... 1 L ...... 242 ...... 5 L ...... 5 L153 ...... B ...... 60 L 212 ...... 40, 52 A 242 ...... 40, 52 25 kg ...... 100 kg ...... B ...... 12, 40, 52. ATERIALS sions 172.102) M § ( TP27. TP28. TP33. Special provi- AZARDOUS H — 172.101 § PG Label codes PG Label II ...... 3, 8 ...... III ...... IB2, T11, TP1, 3, 8 ...... B1, IB3, T7, TP1, tion numbers Identifica- 8 UN2672 .... III ...... 8 ...... IB3, IP8, T7, TP1 154 ...... 203 ...... 241 ...... 5 L ...... 3 UN2733 .... I ...... 3, 8 ...... T14, TP1, TP27 None ...... 201 ...... 243 ...... 0.5 L ...... 2.5 2.2 UN3318 ...... 2.2 ...... 13, T50 ...... None ...... 304 ...... 314, 315 ... Forbidden 2.3 UN3318 ...... 2.3, 8 ...... 4, T50 ...... None ...... 304 ...... 314, 315 ... Forbidden 2.3 UN1005 ...... 2.2 UN1005 2.3, 8 ...... 4, T50 ...... 2.2 ...... None ...... 13, T50 ...... 304 ...... None ...... 314, 315 ... 304 ...... Forbidden 314, 315 ... Forbidden 6.1 UN2671 .... II ...... 6.1 ...... IB8, IP2, IP4, T3, 2.2 UN1950 ...... 2.2 ...... 306 ...... None ...... None ...... 7 ******* ******* ******* ******* ******* ******* ******* Hazard division class or . (o- . . . non-flam- . or ping names relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia relative density less 0.880 at 15 degrees C in water, with more than 50 percent ammonia drous. drous. relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia Polyamines, flammable, corro- sive, n.o.s. mable, corrosive, n.o.s. ;,m-;p-) mable, (each not exceeding 1 L capacity) and proper ship- rials descriptions Hazardous mate- Ammonia solutions, Aminopyridines [Revise]: Aerosols, (1) (2) (3) (4) (5) (6) (7) (10B) (10A) (9A) (9B) (8C) (8A) (8B) Symbols I ...... Ammonia solution, I ...... Ammonia, anhy- D ...... Ammonia, anhy- D ...... Ammonia solution, G ...... Amines, flam-

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 51913 15E, 17E. 15E, 17E. 15E, 17E. bidden 75 kg ...... 06. rbidden 150 kg ...... E ...... 40, 52, 57. rbidden Forbidden 07. rbidden Forbiddenrbidden 06. 75 kgrbidden ...... 06. 75 kg ...... 06. rbidden Forbidden 08 ...... 8E, 14E, rbidden Forbidden 08 ...... 8E, 14E, rbidden Forbidden 08 ...... 8E, 14E, rbidden Forbiddenrbidden 07. Forbiddenrbidden 07. Forbiddenrbidden 07. Forbiddenrbidden 08. Forbiddenrbidden 07. Forbiddenrbidden 07. Forbiddenrbidden 07. Forbiddenrbidden 08. Forbiddenrbidden 07. 75 kgrbidden ...... 06. Forbidden 08. kg ...... 100 kg ...... 05. 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 40. TP33. 8 UN1733 .... II ...... 8 ...... IB8, IP2, IP4, T3, 2.2 UN2073 ...... 2.2 ...... 306 ...... 304 ...... 315... 314, Fo ******* ******* ******* ******* 1.1L UN0354 .... II ...... 1.1L ...... None ...... 62 ...... None ...... Fo 1.2L UN0355 .... II ...... 1.2L ...... None ...... 62 ...... None ...... Fo 1.3L UN0356 .... II ...... 1.3L ...... None ...... 62 ...... None ...... Fo 1.1F UN0465 .... II ...... 1.1F ...... None ...... 62 ...... None ...... 1.2F UN0469 .... Fo II ...... 1.2F ...... None ...... 1.4F UN0472 62 ...... II None ...... 1.4F Fo ...... None ...... 62 ...... None ...... Fo 1.4S UN0349 .... II ...... 1.4B UN0350 .... 1.4S ...... II ...... 1.4B None ...... 62 ...... None ...... None ...... 62 ...... 25 None ...... Fo 1.1E UN0464 .... II ...... 1.1E ...... None ...... 62 ...... None ...... 1.2E UN0468 .... Fo II ...... 1.2E ...... None ...... 1.4E UN0471 62 ...... II None ...... 1.4E Fo ...... None ...... 62 ...... None ...... Fo 1.6N UN0486 .... II ...... 1.6N ...... None ...... 62 ...... None ...... 1.4C UN0351 .... Fo II ...... 1.4D UN0352 .... 1.4C ...... II ...... 1.4D None ...... 62 ...... None ...... None ...... 62 ...... Fo None ...... Fo 1.1C UN0462 .... II ...... 1.1C ...... None ...... 62 ...... None ...... Fo 1.1D UN0463 .... II ...... 1.1D ...... None ...... 1.2C UN0466 62 ...... II None ...... 1.2D UN0467 .... 1.2C Fo ...... II ...... 1.2D None ...... 62 ...... None ...... None ...... 1.3C UN0470 62 ...... Fo II None ...... 1.3C Fo ...... None ...... 62 ...... None ...... Fo 1.4G UN0353 .... II ...... 1.4G ...... None ...... 62 ...... None ...... For . Articles, or relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia chloride, solid. extremely insen- sitive EEI. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. n.o.s.. Ammonia solutions, Antimony tri- Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive, G ...... Articles, explosive,

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 51914 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules (10) Vessel stowage Location Other A ...... 52...... A ...... 29, 52. gross. craft only Cargo air- (9) .. 30 L ...... A ...... 29, 52. g gross 230 kg Quantity limitations rbidden Forbidden 07.. kg gross No limit ..... A ...... 52. aircraft/rail Passenger (8) 173.***) § ( Packaging Continued — ABLE T Exceptions Non-bulk Bulk 154 ...... 202 ...... 242 ...... 1 L ...... 30 L ...... A ...... 29, 52. None ...... 202 ...... 243 ...... 1 L ...... 30 L ...... D ...... 13, 40. None ...... 202 ...... 243 ...... 1 L ...... 30 L ...... D ...... 13, 40. 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 29, 52. 154 ...... 202 ...... 154 ...... 242 ...... 203 ...... 1 L ...... 241 ...... 30 L ...... 5 L ...... A ...... 60 L ...... 29, 52. A ...... 29, 52. None ...... 202 ...... 242 ...... 1 L ...... 30 L ...... C ...... 40. None ...... 201 ...... 243 ...... 1 L ...... 5 L ...... B ...... 40. None ...... 202 ...... 243 ...... 1 L ...... 30 L ...... C ...... 40. None ...... 202 ...... 243 ...... 1 L ...... 30 L ...... C ...... 40, 125. ATERIALS sions 172.102) M § ( TP2, TP28. N34, T8, TP2, TP12, TP13. N33, N42, T8, TP2, TP12, TP13. TP33. TP2, TP27. TP28. TP2, TP27. TP13, TP27. TP13. TP13. Special provi- AZARDOUS H — 172.101 § PG Label codes PG Label III ...... 8 ...... IB3, T4, TP1 ...... 154 ...... 202 ...... 241 ...... 5 L ...... 60 L .... III ...... 8 ...... IB3, T7, TP1, tion numbers Identifica- 8 UN3028 .... III ...... 8 ...... None ...... 213 ...... None ...... k 25 8 UN2795 .... III ...... 8 ...... 159 ...... 159 ...... 159 ...... 30 8 UN2681 .... II ...... 8 ...... B2, IB2, T7, TP2 154 ...... 202 ...... 242 ...... 1 L ...... 8 UN1719 .... II ...... 8 ...... B2, IB2, T11, 8 UN2987 .... II ...... 8 ...... B2, IB2, T14, 3 UN2985 .... II ...... 3, 8 ...... IB1, T11, TP2, 6.1 UN3361 .... II ...... 6.1, 8 ...... IB1, T11, TP2, 6.1 UN3362 .... II ...... 6.1, 3, 8 ...... IB1, T11, TP2, ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* 1.1D UN0288 .... II ...... 1.1D ...... None ...... 62 ...... None ...... Fo Hazard division class or . elec- . electric, ping names with alkali, tric storage taining potas- sium hydroxide solid, storage solution. uids, n.o.s. flexible, linear. rosive, n.o.s. flammable, corro- sive, n.o.s. toxic, corrosive, n.o.s. toxic, corrosive, flammable, n.o.s. and proper ship- rials descriptions Hazardous mate- Batteries, wet, filled Battery fluid, alkali 8 UN2797 .... II ...... 8 ...... B2, IB2, N6, T7, Batteries, dry, con- Benzyl bromide ..... 6.1 UN1737 .... II ...... 6.1, 8 ...... A3, A7, IB2, N33, Benzyl chloride ..... 6.1 UN1738 .... II ...... 6.1, 8 ...... A3, A7, B70, IB2, Caesium hydroxide 8 UN2682 .... II ...... 8 ...... IB8, IP2, IP4, T3, Caesium hydroxide Charges, shaped, Chlorosilanes, cor- Chlorosilanes, Chlorosilanes, Chlorosilanes, (1) (2) (3) (4) (5) (6) (7) (10B) (10A) (9A) (9B) (8C) (8A) (8B) Symbols G ...... Caustic alkali liq-

VerDate Aug<31>2005 17:14 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 51915 15E, 17E. 15E, 17E. See A105 A. .. 150 kg ...... A. ... 5 L ...... B ...... 52. ... 5 L ...... B ...... 52. rbidden Forbidden 08 ...... 8E, 14E, rbidden Forbidden 08 ...... 8E, 14E, rbidden Forbiddenrbidden 11.. 75 kg ...... 06.. rbidden Forbidden 11.. kg ...... 100 kg ...... 05.. None ...... 201 ...... 243154 ...... 0.5 L 202 ...... 154 2.5 L ...... 242 ...... 203 B ...... 1 L ...... 241 40...... 30 L ...... 5 L ...... B ...... 60 L ...... 40. A ...... 40. None ...... 227 ...... 244 ...... Forbidden Forbidden D ...... 40, 52, 74. None ...... 212 ...... 242 ...... 5 kg ...... 25 kg ...... A. TP2, TP27. TP2, TP27 TP28 B74, B77, T20, TP2, TP13, TP38, TP45. TP33. II ...... 8 ...... III ...... B2, IB2, T11, 8 ...... IB3, T7, TP1, 3 UN1160 .... II ...... 3, 8 ...... 3 UN2379 IB2, T7, TP1 ...... 150 II ...... 202 3, 8 ...... IB2, T7, TP1 243 ...... 150 1 L ...... 202 ...... 243 ...... 1 L ...... 9 UN3363 ...... 136, A105 ...... None ...... 222 ...... None ...... See A105 8 UN3264 .... I ...... 8 ...... A6, B10, T14, 6.1 UN2382 .... I ...... 6.1, 3 ...... 2, B9, B14, B32, 2.2 UN1956 ...... 2.2 ...... 77 ...... 306, 307 ... 302, 305 ... 314, 315 ... 75 kg ...... 5.1 UN1463 .... II ...... 5.1, 6.1, 8 ...... IB8, IP4, T3, ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* 1.2L UN0248 .... II ...... 1.2L ...... 1.3L UN0249 None ...... II 62 ...... 1.3L None ...... Fo ...... None ...... 62 ...... None ...... Fo 1.4B UN0383 .... II ...... 1.4B1.4S UN0384 ...... II ...... None ...... 1.4S1.1B UN0461 ...... 62 ...... II None ...... None ...... 1.1B ...... Fo 62 ...... None None ...... 25 62 ...... None ...... Fo 1.2B UN0382 .... II ...... 1.2B ...... None ...... 62 ...... None ...... Fo . . or acidic, inorganic, n.o.s. lution. Dimethylbutylam- ine. symmertrical. n.o.s. water-activated, with burster, ex- pelling charge or propelling charge water-activated, with burster, ex- pelling charge or propelling charge in machinery Dangerous Goods in Appa- ratus. plosive train, n.o.s. plosive train, n.o.s. plosive train, n.o.s.. anhydrous. plosive train, n.o.s. Dimethylamine so- 1, 3- Dimethylhydrazine, Contrivances, Contrivances, Dangerous Goods Chromium trioxide, G ...... Corrosive, liquid, G ...... Compressed gas, G ...... Components, ex- G ...... Components, ex- G ...... Components, ex- G ...... Components, ex-

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 51916 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 52, 100. 125. (10) Vessel stowage Location Other craft only Cargo air- (9) ... 5 L ...... B ...... 40, 52. .... 200 L ...... A ...... 52. .... 60 L ...... A ...... 52. Quantity limitations aircraft/rail Passenger ...... 1 L ...... 30 L ...... A ...... 40, 52...... 1 L ...... 5 L ...... B ...... 52. (8) 173.***) § ( Packaging Continued — ABLE T Exceptions Non-bulk Bulk None ...... 227 ...... 244 ...... Forbidden Forbidden154 ...... 213 D ...... 21, 38, 40, 240 ...... 25 kg ...... 100 kg ...... A ...... 52. None ...... 202 ...... 243 ...... 1 L ...... 5 L ...... B ...... 40. None ...... 201 ...... 243 ...... ForbiddenNone ...... 2.5 L ...... 202 ...... None D ...... 243 ...... 203 40, 52...... Forbidden 241 ...... 30 L 5 L ...... D 60 L ...... 40, 52 D ...... 40, 52 None ...... 201 ...... 243 ...... Forbidden 2.5 L ...... D ...... 40, 52, ATERIALS sions 172.102) M § ( B32, B74, T20, TP2, TP13, TP38, TP45. TP33. TP2, TP13. TP2, TP13. T7, TP2, TP13. T4, TP1. B7, B16, B53. Special provi- AZARDOUS H — 172.101 § PG Label codes PG Label II ...... 8, 6.1 ...... III ...... B16, B53, IB2, 8, 6.1 ...... B16, B53, IB3, tion numbers Identifica- 8 UN2491 .... III ...... 8 ...... IB3, T4, TP1 ...... 154 ...... 203 ...... 241 ...... 5 L ...... 3 UN2270 .... II ...... 3, 8 ...... IB2, T7, TP1 ...... 150 ...... 202 ...... 243 ...... 1 L ...... 8 UN3253 .... III ...... 8 ...... IB8, IP3, T1, 8 UN2030 .... I ...... 8, 6.1 ...... B16, B53, T10, 8 UN2029 .... I ...... 8, 3, 6.1 ...... A3, A6, A7, A10, 6.1 UN1163 .... I ...... 6.1, 3, 8 ...... 2, B7, B9, B14, 6.1 UN3293 .... III ...... 6.1 ...... IB3, T4, TP1 ...... 153 ...... 203 ...... 241 ...... 60 L ...... ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* Hazard division class or with with or . . . ping names unsymmetrical. trioxosilicate. Ethanolamine- solutions. ous solution not less than 50 percent but not more than 70 percent ethyl- amine drous. ous solutions, with more than 37% hydrazne, by mass ous solution, not more than 37 percent hydrazne, by mass and proper ship- rials descriptions Hazardous mate- Dimethylhydrazine, Disodium Ethanolamine Ethylamine, aque- 1-Ethylpiperidine ...Ethyltrichlorosilane 3 UN2386 .... II ...... 3 UN1196 3, 8 ...... II IB2, T7, TP1 ...... 150 3, 8 ...... A7, IB1, N34, T7, 202 ...... 243 ... Ethylenediamine ... 8 UN1604 .... II ...... 8, 3 ...... IB2, T7, TP2 ...... 154 ...... 202 ...... 243 ..... Hydrazine, anhy- Hydrazine, aque- Hydrazine, aque- (1) (2) (3) (4) (5) (6) (7) (10B) (10A) (9A) (9B) (8C) (8A) (8B) Symbols

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 51917 D. gross. dden 100 kg None ...... 202 ...... 243 ...... 1 L ...... 5 L ...... D ...... 25, 66, 75. None ...... 202 ...... 243 ...... Forbidden Forbidden D ...... 25, 66, 75. None ...... 202 ...... 243 ...... 1 L ...... 5 L ...... D ...... 25, 66, 75. 152 ...... 203 ...... 243 ...... 2.5 L ...... 30 L ...... B ...... 25, 66, 75. None ...... 201 ...... 243 ...... Forbidden Forbidden D ...... 25, 66, 75. 154 ...... 202 ...... 242154 ...... 1 L 203 ...... 30 L 241 ...... B 5 L ...... 26. 60 L ...... B ...... 26. None ...... 212 ...... 151 ...... 240 ...... 213 ...... 15 kg ...... 240 ...... 50 kg ...... 25 kg ...... B ...... 100 kg ...... 34. B ...... 34. B53, IB2, IP5, T7, TP2, TP6, TP24. B81, B85, IB2, IP5, T7, TP2, TP6, TP24, TP37. IB2, IP5, T7, TP2, TP6, TP24, TP37. TP1, TP6, TP24, TP37. B81, B85, T9, TP2, TP6, TP24, TP37. IP5, N34, T7, TP2, TP24. TP2, TP24. TP33. TP33. III ...... 8 ...... IB3, N34, T4, III ...... 4.1 ...... IB8, IP3, T1, 8 UN1791 .... II ...... 8 ...... A7, B2, B15, IB2, 5.1 UN2014 .... II ...... 5.1, 8 ...... 12, B53, B80, 5.1 UN2014 .... II ...... 5.1, 8 ...... A2, A3, A6, B53, 5.1 UN3149 .... II ...... 5.1, 8 ...... 145, A2, A3, A6, 2.1 UN3468 ...... 2.1 ...... 167 ...... None ...... 214 ...... None ...... Forbi 5.1 UN2984 .... III ...... 5.1 ...... A1, IB2 IP5, T4, 5.1 UN2015 .... I ...... 5.1, 8 ...... 12, B53, B80, 4.1 UN2989 .... II ...... 4.1 ...... IB8, IP2, IP4, T3, ******* ******* ******* ******* ******* ******* ******* ******* . . . Hy- . . with or with more with not with not metal hydride storage system. and peroxyacetic acid mixtures, stabilized acids, water, and not more than 5 percent peroxy- acetic acid aqueous solu- tions than 40 percent but not more than 60 percent hydrogen per- oxide (stabilized as necessary) aqueous solu- tions less than 20 per- cent but not more than 40 percent hydro- gen peroxide (stabilized as necessary) aqueous solu- tions less than 8 per- cent but less than 20 percent hydrogen per- oxide (stabilized as necessary) drogen peroxide aqueous solu- tions, stabilized with more than 60 percent hy- drogen peroxide stabilized tions. basic. Hydrogen in a Hydrogen peroxide Hydrogen peroxide, Hydrogen peroxide, Hydrogen peroxide, Hydrogen peroxide, Hypochlorite solu- Lead phosphite, di-

VerDate Aug<31>2005 18:06 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 51918 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 52, 100. (10) Vessel stowage Location Other ...... A ...... 29, 52, 96. en D. craft only Cargo air- (9) . 5 L ...... E ...... 52, 135. .. 30 L ...... A ...... 29, 52. Quantity limitations aircraft/rail Passenger ...... 1 L ...... 5 L ...... B ...... 52. (8) 173.***) § ( Packaging Continued — ABLE T Exceptions Non-bulk Bulk 150 ...... 201 ...... 243 ...... 1 L ...... 30 L ...... E. 150 ...... 173 ...... 242150 ...... 5 L 173 ...... 60 L 242 ...... B. 60 L ...... 220 L ...... A. None ...... 201 ...... 244 ...... Forbidden 30 L ...... D ...... 25, 40. 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 52. None ...... 226 ...... 244 ...... Forbidden ForbiddenNone D ...... 202 21, 40, 49, ...... 242 ...... 1 L ...... 30 L ...... C ...... 40. 154 ...... 173 ...... 154 ...... 242 ...... 173 ...... 1 L ...... 241 ...... 30 L ...... 5 L ...... A. 60 L ...... A. ATERIALS sions 172.102) M § ( TP27. T4, TP1, TP8, TP28. TP1, TP29. T14, TP2, TP13. TP33. B30, B72, B77, N34, T22, TP2, TP13, TP38, TP44. TP13. TP28. TP1, TP29. Special provi- AZARDOUS H — 172.101 § PG Label codes PG Label II ...... 3 ...... 149, B52, IB2, III ...... 3 ...... B1, B52, IB3, T2, III ...... 8 ...... IB3, T4, TP2 ...... 154 ...... 203 ...... 241 ...... 5 L ...... 60 L .... III ...... 8 ...... B52, IB3, T4, tion numbers Identifica- 8 UN2679 .... II ...... 8 ...... B2, IB2, T7, TP2 3 154 UN1235 ...... 202 II ...... 242 3, 8 ...... 1 L B1, IB2, T7, TP1 ...... 150 ...... 202 ...... 243 ...... 1 L ...... 3 UN1263 .... I ...... 3 ...... T11, TP1, TP8, 8 UN2437 .... II ...... 8 ...... IB2, T7, TP2, 8 UN3066 .... II ...... 8 ...... B2, IB2, T7, TP2, 6.1 UN1649 .... I ...... 6.1 ...... 14, 151, B9, B90, 4.2 UN3391 .... I ...... 4.2 ...... T21, TP7, TP33 None ...... 187 ...... 244 ...... Forbidden Forbidd ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* Hazard division class or Paint re- . including or ping names paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler and liquid lacquer base knock mixtures. substance, solid, pyrophoric. orosilane. lated materials. solution. aqueous solution. and proper ship- rials descriptions Hazardous mate- Paint Methylhydrazine .... 6.1 UN1244 .... I ...... 6.1, 3, 8 ...... 1, B7, B9, B14, Lithium hydroxide .. 8 UN2680 .... II ...... 8 ...... IB8, IP2, IP4, T3, Methylphenyldichl- Paint Lithium hydroxide, Methylamine, 1-Methylpiperidine 3 UN2399 .... II ...... 3, 8 ...... IB2, T7, TP1 ...... 150 ...... 202 ...... 243 ..... (1) (2) (3) (4) (5) (6) (7) (10B) (10A) (9A) (9B) (8C) (8A) (8B) Symbols + ...... Motor fuel anti- G ...... Organometallic

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 51919 87, 144. 87, 144...... A ...... 52 ...... A ...... 29, 52...... A ...... 52. 200 kg ...... E ...... 19, 25, 85, .. 30 L ...... A ...... 52. .. 30 L ...... A ...... 52. .. 30 L ...... A ...... 29, 52. 3 ...... 1 L ...... 5 L ...... B ...... 40, 52. 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 52. 150 ...... 201 ...... 243 ...... 1 L ...... 30 L150 ...... E. 173 ...... 242150 ...... 5 L 173 ...... 60 L 242 ...... B. 60 L ...... 220 L ...... A. 155 ...... 221 ...... 221 ...... 100 kg ...... 200 kg ...... E ...... 19, 25, 85, 154 ...... 213 ...... 240 ...... 25 kg ...... 100 kg ...... A ...... 52. 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 29, 52. 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 29, 52. None ...... 212 ...... 241 ...... 15 kg ...... 50 kg ...... A ...... 52. TP33. TP27. T4, TP1, TP8, TP28. TP1, TP29. T1, TP33. TP33. TP33. TP33. IB6, IP2, T3, TP33. II ...... 3 ...... 149, B52, IB2, III ...... 3 ...... B1, B52, IB3, T2, III ...... 8 ...... IB3, T4, TP1 ...... 154 ...... 203 ...... 241 ...... 5 L ...... 60 L .... III ...... 8 ...... IB3, T4, TP1 ...... 154 ...... 203 ...... 241 ...... 5 L ...... 60 L .... III ...... 8 ...... IB3, T4, TP1 ...... 154 ...... 203 ...... 241 ...... 5 L ...... 60 L .... 8 UN1813 .... II ...... 8 ...... IB8, IP2, IP4, T3, 9 UN3314 .... III ...... 9 ...... 32, IB8, IP3, IP7 155 ...... 221 ...... 221 ...... 100 kg ...... 8 UN2678 .... II ...... 8 ...... IB8, IP2, IP4, T3, 3 UN1263 .... I ...... 3 ...... T11, TP1, TP8, 9 UN2211 .... III ...... 9 ...... 32, IB8, IP3, IP7, 8 UN1814 .... II ...... 8 ...... B2, IB2, T7, TP2 154 ...... 202 ...... 242 ...... 1 L ...... 8 UN1907 .... III ...... 8 ...... IB8, IP3, T1, 8 UN2033 .... II ...... 8 ...... IB8, IP2, IP4, T3, 8 UN1819 .... II ...... 8 ...... B2, IB2, T7, TP2 154 ...... 202 ...... 242 ...... 1 L ...... 8 UN2677 .... II ...... 8 ...... B2, IB2, T7, TP2 154 ...... 202 ...... 242 ...... 1 L ...... 4.2 UN2318 .... II ...... 4.2 ...... A7, A19, A20, ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* ******* . . in . with with less . . including rial paint thinning, drying, removing, or reducing com- pound expandable, evolving flam- mable vapor ide, solid. ide, solution. oxide. dough, sheet or extruded rope from evolving flammable vapor compound more than 4 per- cent sodium hy- droxide solution. ide. ide solution. than 25 percent water of crys- tallization sulfide, Paint related mate- Polymeric beads Potassium hydrox- Potassium hydrox- Potassium mon- Plastic molding Soda lime Sodium aluminate, Rubidium hydrox- Rubidium hydrox- Pyrrolidine ...... 3 UN1922 .... II ...... 3, 8 ...... IB2, T7, TP1 ...... 150 ...... 202 ...... 24 Sodium hydro-

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 51920 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 15E, 17E. 15E, 17E. 15E, 17E. (10) Vessel stowage Location Other craft only Cargo air- (9) den Forbidden 12. Quantity limitations bidden Forbidden 08. bidden Forbidden 08. bidden 75 kg ...... 08. rbidden Forbidden ...... 8E, 14E, rbidden Forbidden ...... 8E, 14E, rbidden Forbidden ...... 8E, 14E, rbidden Forbiddenrbidden 10. Forbidden 10. rbidden Forbidden 10. rbidden 75 kgrbidden ...... 09. 75 kg ...... 09. rbidden Forbidden 10. kg ...... 75 kg ...... 05. aircraft/rail Passenger (8) 173.***) § ( Packaging Continued — ABLE T Exceptions Non-bulk Bulk 154 ...... 212 ...... 154 ...... 240 ...... 202 ...... 154 15 kg ...... 242 ...... 203 50 kg ...... 1 L ...... 241 A ...... 30 L ...... 5 L 52...... A ...... 60 L ...... 52. A ...... 52. 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 52. 154 ...... 212 ...... 240 ...... 15 kg ...... 50 kg ...... A ...... 26, 52. ATERIALS sions 172.102) M § ( TP33. TP2. TP1. TP33. TP33. Special provi- AZARDOUS H — 172.101 § PG Label codes PG Label III ...... 8 ...... IB3, N34, T4, tion numbers Identifica- 8 UN1824 .... II ...... 8 ...... B2, IB2, N34, T7, 8 UN1823 .... II ...... 8 ...... IB8, IP2, IP4, T3, 8 UN1849 .... II ...... 8 ...... IB8, IP2, IP4, T3, ******* ******* ******* ******* ******* ******* ******* ******* 1.1L UN0357 .... II ...... 1.1L ...... None ...... 62 ...... None ...... Fo 1.2L UN0358 .... II ...... 1.2L ...... None ...... 62 ...... None ...... Fo 1.3L UN0359 .... II ...... 1.3L ...... None ...... 62 ...... None ...... Fo 1.1A UN0473 .... II ...... 1.1A ...... 111 ...... None ...... 62 ...... None ...... Forbid 1.4S UN0481 .... II ...... 1.4S ...... None ...... 62 ...... None ...... 25 1.1C UN0474 .... II ...... 1.1C ...... None ...... 62 ...... None ...... Fo 1.1D UN0475 .... II ...... 1.1D ...... 1.3C UN0477 ...... None II ...... 62 1.3C ...... None1.4C UN0479 ...... Fo None II ...... 1.4D UN0480 62 .... 1.4C ...... II None ...... 1.4D Fo None ...... 62 ...... None ...... None1.5D UN0482 ...... 62 ...... Fo II None ...... 1.5D Fo ...... None ...... 62 ...... None ...... Fo 1.1G UN0476 .... II ...... 1.1G ...... 1.3G UN0478 ...... None II ...... 62 1.3G ...... None ...... For None ...... 62 ...... None1.4G UN0485 ...... For II ...... 1.4G ...... None ...... 62 ...... None ...... For Hazard division class or or . with not ping names solid. solution. drated less than 30 per- cent water sive, n.o.s.. sive, n.o.s.. sive, n.o.s.. sive, n.o.s. sive, n.o.s. sive, n.o.s. sive, n.o.s. sive, n.o.s. sive, n.o.s. sive, n.o.s. sive, n.o.s. sive, n.o.s. sive, n.o.s. sive, very insen- sitive, n.o.s. Substances, EVI, n.o.s. and proper ship- rials descriptions Hazardous mate- Sodium hydroxide, Sodium hydroxide Sodium monoxide 8 UN1825 .... II ...... 8 ...... IB8, IP2, IP4, T3, Sodium sulfide, hy- (1) (2) (3) (4) (5) (6) (7) (10B) (10A) (9A) (9B) (8C) (8A) (8B) Symbols G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo- G ...... Substances, explo-

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules 51921 .... 60 L ...... A ...... 52. None ...... None ...... 240 ...... 25 kg ...... 100 kg ...... A ...... 19, 74. None ...... 202 ...... 243 ...... 1 L ...... 5 L ...... E ...... 40. 153 ...... 202 ...... 243 ...... 1 L ...... 30 L ...... B ...... 40, 52. TP33. N34, T7, TP2, TP13. TP13. 3 UN1298 .... II ...... 3, 8 ...... A3, A7, B77, IB2, 8 UN2320 .... III ...... 8 ...... IB3, T4, TP1 ...... 154 ...... 203 ...... 241 ...... 5 L ...... ******* ******* ******* ******* 6.1 UN3073 .... II ...... 6.1, 3, 8 ...... IB1, T7, TP2, ******* ******* ******* ******* ******* amine. ane. bilized. Tetraethylenepent- Trimethylchloro- sil- Vinylpyridines, sta- I ...... Sulfur ...... 4.1 UN1350 .... III ...... 4.1 ...... 30, IB8, IP3, T1,

VerDate Aug<31>2005 15:31 Aug 30, 2006 Jkt 208001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\31AUP2.SGM 31AUP2 erjones on PROD1PC72 with PROPOSALS2 51922 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules

* * * * * 10 mL of a Class 3 liquid in Packing Code/Special Provisions 6. In Appendix B to § 172.101, the List Group II or III absorbed onto a solid * * * * * of Marine Pollutants, the entry ‘‘Copper material are not subject to this A105 The total net quantity of chloride’’ is amended by adding the subchapter provided there is no free dangerous goods contained in one designation ‘‘PP’’ in Column (1) and the liquid in the packet or article. package, excluding magnetic material, entries ‘‘Alcohol C-13-C-15 poly (1–6) * * * * * must not exceed the following: ethoxylate’’ and ‘‘1,2-Dichlorobenzene’’ 77 Mixtures containing not more a. 1 kg (2.2 pounds) in the case of are removed. than 23.5% oxygen by volume may be 7. In § 172.102, paragraph (c)(1), solids; transported under this entry when no Special provisions 15, 47, 77, 147, and b. 0.5 L (0.1 gallons) in the case of other oxidizing gases are present. A 166 are revised; new Special provision liquids; Division 5.1 subsidiary risk label is not 175 is added; Special provision 101 is c. 0.5 kg (1.1 pounds) in the case of required for any concentrations within removed; and in paragraph (c)(2), new Division 2.2 gases; or this limit. Special provision A105 is added. d. any combination thereof. The revisions and additions read as * * * * * 8. In § 172.202, paragraphs (a) and (b) follows: 146 This description may be used are revised to read as follows: for a material that poses a hazard to the § 172.102 Special provisions. § 172.202 Description of hazardous environment but does not meet the material shipping papers. * * * * * definition for a hazardous waste or a (c) * * * hazardous substance, as defined in (a) The shipping description of a (1) * * * § 171.8 of this subchapter, or any hazard hazardous material on the shipping paper must include: Code/Special Provisions class, as defined in Part 173 of this subchapter, if it is designated as (1) The identification number * * * * * environmentally hazardous by another prescribed for the material as shown in 15 This entry applies to ‘‘Chemical Competent Authority. This provision Column (4) of the § 172.101 table; kits’’ and ‘‘First aid kits’’ containing one may be used for both domestic and (2) The proper shipping name or more compatible items of hazardous international shipments. prescribed for the material in Column materials in boxes, cases, etc. that, for 147 This entry applies to non- (2) of the § 172.101 table; example, are used for medical, sensitized emulsions, suspensions, and (3) The hazard class or division analytical, diagnostic, testing, or repair gels consisting primarily of a mixture of number prescribed for the material, as purposes. For transportation by aircraft, ammonium nitrate and fuel, intended to shown in Column (3) of the § 172.101 materials forbidden for transportation produce a Type E blasting explosive table. Except for combustible liquids, by passenger aircraft or cargo aircraft only after further processing prior to the subsidiary hazard class(es) or may not be included in the kits. use. The mixture for emulsions typically subsidiary division number(s) must be Chemical kits and first aid kits are has the following composition: 60–85% entered in parentheses immediately excepted from the specification ammonium nitrate; 5–30% water; 2–8% following the primary hazard class or packaging requirements of this fuel; 0.5–4% emulsifier or thickening division number. subchapter when packaged in agent; 0–10% soluble flame In addition— combination packagings. Chemical kits suppressants; and trace additives. Other (i) The words ‘‘Class’’ or ‘‘Division’’ and first aid kits are also excepted from inorganic nitrate salts may replace part may be included preceding the primary the labeling and placarding of the ammonium nitrate. The mixture and subsidiary hazard class or division requirements of this subchapter, except for suspensions and gels typically has numbers. when offered for transportation or the following composition: 60–85% (ii) The hazard class need not be transported by air. Chemical and first ammonium nitrate; 0–5% sodium or included for the entry ‘‘Combustible aid kits may be transported in potassium perchlorate; 0–17% liquid, n.o.s.’’ accordance with the consumer hexamine nitrate or monomethylamine (iii) For domestic shipments, primary commodity and ORM exceptions in nitrate; 5–30% water; 2–15% fuel; 0.5– and subsidiary hazard class or division § 173.156, provided they meet all 4% thickening agent; 0–10% soluble names may be entered following the required conditions. Kits that are carried flame suppressants; and trace additives. numerical hazard class or division, or on board transport vehicles for first aid Other inorganic nitrate salts may replace following the basic description. or operating purposes are not subject to part of the ammonium nitrate. These (4) The packing group in Roman the requirements of this subchapter. substances must satisfactorily pass Test numerals, as designated for the * * * * * Series 8 of the UN Manual of Tests and hazardous material in Column (5) of the 47 Mixtures of solids that are not Criteria, Part I, Section 18 (IBR, see § 172.101 table. Class 1 (explosives) subject to this subchapter and § 171.7 of this subchapter), and may not materials, self-reactive substances, flammable liquids may be transported be classified and transported unless organic peroxides and entries that are under this entry without first applying approved by the Associate not assigned a packing group are the classification criteria of Division 4.1, Administrator. excepted from this requirement. The provided there is no free liquid visible packing group may be preceded by the at the time the material is loaded or at * * * * * letters ‘‘PG’’ (for example, ‘‘PG II’’); and the time the packaging or transport unit 166 When transported in non-friable (5) Except for transportation by is closed. Except when the liquids are tablet form, calcium hypochlorite, dry, aircraft, the total quantity of hazardous fully absorbed in solid material may be transported as a Packing Group materials covered by the description contained in sealed bags, each III material. must be indicated (by mass or volume, packaging must correspond to a design * * * * * or by activity for Class 7 materials) and type that has passed a leakproofness test 175 This substance must be must include an indication of the at the Packing Group II level. Small stabilized when in concentrations of not applicable unit of measurement. For inner packagings consisting of sealed more than 99%. example, ‘‘200 kg’’ or ‘‘50 L.’’ The packets and articles containing less than (2) * * * following provisions also apply:

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(i) For Class 1 materials, the quantity ‘‘cyl.’’ for ‘‘cylinder’’) provided the must be the net explosive mass. For an abbreviations are commonly accepted explosive that is an article, such as and recognizable. Cartridges, small arms, the net explosive (b) Except as provided in this subpart, mass may be expressed in terms of the the basic description specified in net mass of either the article or the paragraphs (a)(1), (2), (3) and (4) of this explosive materials contained in the section must be shown in sequence with article. no additional information interspersed. (ii) For hazardous materials in salvage For example, ‘‘UN2744, Cyclobutyl packaging, an estimate of the total chloroformate, 6.1, (8, 3), PG II.’’ quantity is acceptable. (iii) The following are excepted from * * * * * (b) In addition to complying with the requirements of paragraph (a)(5) of 9. In § 172.312, paragraphs (a) § 172.407, the background on the this section: introductory text, and (a)(2) ORGANIC PEROXIDE label must be red (A) Bulk packages, provided some introductory text are revised and a new in the top half and yellow in the lower indication of the total quantity is paragraph (c)(7) is added to read as half. shown, for example, ‘‘1 cargo tank’’ or follows: 12. Section 172.552 is revised to read ‘‘2 IBCs.’’ as follows: (B) Cylinders, provided some § 172.312 Liquid hazardous materials in indication of the total quantity is non-bulk packaging. § 172.552 ORGANIC PEROXIDE placard. shown, for example, ‘‘10 cylinders.’’ (a) Except as provided in this section, (a) Except for size and color, the (C) Packages containing only residue. each non-bulk combination package ORGANIC PEROXIDE placard must be (6) For transportation by aircraft, the having inner packagings containing as follows: total net mass per package must be liquid hazardous materials, single shown unless a gross mass is indicated packaging fitted with vents, or open in Columns (9A) or (9B) of the § 172.101 cryogenic receptacle intended for the table in which case the total gross mass transport of refrigerated liquefied gases per package must be shown. The must be: following provisions also apply: (i) For empty, uncleaned packaging, (1) * * * only the number and type of packaging (2) Legibly marked with package must be shown; orientation markings that are similar to (ii) For chemical kits and first aid kits, the illustration shown in this paragraph, the total net mass of hazardous on two opposite vertical sides of the materials must be shown. Where the kits package with the arrows pointing in the (b) In addition to complying with contain solids and/or liquids, the net correct upright direction. The arrows § 172.519, the background on the mass of liquids within the kits is to be must be either black or red on white or ORGANIC PEROXIDE placard must be calculated on a 1 to 1 basis, i.e., 1 L other suitable contrasting background red in the top half and yellow in the equals 1 kg; and clearly visible commensurate with lower half. The text, division number (iii) For dangerous goods in the size of the package. Depicting a and inner border must be black; the machinery or apparatus, the individual rectangular border around the arrows is symbol may be either black or white. total quantities of dangerous goods in optional. solid, liquid or gaseous state, contained * * * * * PART 173—SHIPPERS—GENERAL in the article must be shown; (c) * * * REQUIREMENTS FOR SHIPMENTS (iv) For dangerous goods transported AND PACKAGINGS in a salvage packaging, an estimate of (7) Class 7 radioactive material in type the quantity of dangerous goods per A, IP–2, IP–3, B(U), B(M) or C packages. 13. The authority citation for part 173 package must be shown; 10. In § 172.407, paragraph (d)(2)(i) is continues to read as follows: (v) For cylinders, total quantity may amended by removing ‘‘; and’’ at the Authority: 49 U.S.C. 5101–5128, 44701; 49 be indicated by the number of cylinders, end of the paragraph and inserting a CFR 1.45, 1.53. for example, ‘‘10 cylinders;’’ period in its place, and paragraph 14. Section 173.9 is revised to read as (vi) For items where ‘‘No Limit’’ is (d)(2)(i) is added to read as follows: follows: shown in Column (9A) or (9B) of the § 172.101 table, the quantity shown § 172.407 Label specifications. § 173.9 Transport vehicles or freight containers containing lading which has should be the net mass or volume of the * * * * * material, except for UN2800, UN2807, been fumigated. UN3072, UN3166 and UN3173 where (d) * * * (a) For the purpose of this section, not the quantity should be the gross mass of (2) * * * including 49 CFR part 387, a rail car, the article. (iii) White may be used for the symbol freight container, truck body, or trailer (7) The number and type of packages for the ORGANIC PEROXIDE label. in which the lading has been fumigated must be indicated. The type of packages with any material, or is undergoing * * * * * must be indicated by description of the fumigation, is a package containing a package (for example, ‘‘12 drums’’). 11. Section 172.427 is revised to read hazardous material. Indication of the packaging specification as follows: (b) No person may offer for number (‘‘1H1’’) may be included in the transportation or transport a rail car, § 172.427 ORGANIC PEROXIDE label. description of the package (for example, freight container, truck body, or trailer ‘‘12 1H1 drums’’ or ‘‘12 drums (UN (a) Except for size and color, the in which the lading has been fumigated 1A1)’’). Abbreviations may be used for ORGANIC PEROXIDE label must be as or treated with any material, or is indicating packaging types (for example, follows: undergoing fumigation, unless the

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FUMIGANT marking specified in or trailer the FUMIGANT marking harmful concentration of gas remains paragraph (e) of this section is specified in paragraph (e) of this after fumigation has been completed. prominently displayed so that it can be section, unless the lading has been (e) FUMIGANT marking. (1) The seen by any person attempting to enter fumigated or is undergoing fumigation. FUMIGANT marking must consist of red the interior of the transport vehicle or (d) The FUMIGANT marking required or black letters on a white background freight container. For domestic by paragraph (b) of this section must that is at least 30 cm (11.8 inches) wide transportation, a hazard warning label remain on the rail car, freight container, and at least 25 cm (9.8 inches) high. authorized by EPA under 40 CFR part truck body, or trailer until the rail car, 156 may be used as an alternative to the freight container, truck body, or trailer Except for size and color, the FUMIGANT marking. has been completely ventilated either by FUMIGANT marking must be as (c) No person may affix or display on opening the doors of the unit or by follows: a rail car, freight container, truck body, mechanical ventilation to ensure no

(2) The ‘‘*’’ shall be replaced with the requirements of this subchapter other and the wording ‘‘60 °C (140 °F)’’ is technical name of the fumigant. than those contained in this section. added each place it appears. (f) A closed cargo transport unit that has been fumigated is not subject to any § 173.35 [Amended] § 173.121 [Amended] other provisions of this subchapter if 15. In § 173.35, in paragraph (k), the 18. In § 173.121, in the paragraph (a) it— wording ‘‘60.5 °C (141 °F)’’ is removed table, in Column (2), for the entry (1) Has been completely ventilated and the wording ‘‘60 °C (140 °F)’’ is Packing group ‘‘III,’’ the wording either by opening the doors of the unit added in its place. ‘‘≥23 °C, ≤60.5 °C (≥ 73 °F, ≤141 °F)’’ is ≥ ° or by mechanical ventilation after 16. In § 173.115, paragraphs (b)(1) and removed and the wording ‘‘ 23 C, ≤ ° ≥ ° ≤ ° fumigation, and (k)(5) are revised to read as follows: 60 C ( 73 F, 140 F)’’ is added in its (2) Displays the FUMIGANT marking, place. including the date of ventilation. § 173.115 Class 2, Divisions 2.1, 2.2, and 19. In § 173.124, a new paragraph (g) For international shipments, 2.3—Definitions. (a)(2)(i)(D)(3) is added to read as transport documents should indicate the * * * * * follows: date of fumigation, type and amount of (b) * * * fumigant used, and instructions for § 173.124 Class 4, Divisions 4.1, 4.2 and (1) Exerts in the packaging an absolute 4.3—Definitions. disposal of any residual fumigant, pressure of 280 kPa (40.6 psia) or greater (a) * * * including fumigation devices. at 20 °C (68 °F), or is a cryogenic liquid, (2) * * * (h) Any person subject to the and requirements of this section, solely due (i) * * * * * * * * to the fumigated lading, must be (D) * * * informed of the requirements of this (k) * * * * * * * * section and the safety precautions (5) When the contents are classified as (3) It is an oxidizing substance in necessary to protect themselves and Division 6.1, PG III or Class 8, PG II or Division 5.1 containing less than 5.0% others in the event of an incident or III, the aerosol must be assigned a combustible organic substances; or accident involving the fumigated lading. subsidiary hazard of Division 6.1 or * * * * * (i) Any person who offers for Class 8, as appropriate. 20. In § 173.133, in paragraph (a)(1), transportation or transports a rail car, * * * * * the table is revised to read as follows: freight container, truck body or trailer that is subject to this subchapter solely § 173.120 [Amended] § 173.133 Assignment of packing group because of the hazardous materials 17. In § 173.120, in paragraphs (a) and hazard zones for Division 6.1 materials. designation specified in paragraph (a) of introductory text, (a)(2) and (b)(1), the (a) * * * this section is not subject to any wording ‘‘60.5 °C (141 °F)’’ is removed (1) * * *

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Inhalation toxicity Packing group Oral toxicity Dermal toxicity by dusts and mists LD50 (mg/kg) LD50 (mg/kg) LC50 (mg/L)

I ...... ≤5.0 ...... ≤50 ...... ≤0.2. II ...... >5.0 and ≤50 ...... >50 and ≤200 ...... >0.2 and ≤2.0. III ...... >50 and ≤300 ...... >200 and ≤1000 ...... >2.0 and ≤4.0.

* * * * * completely protected so that short circuits (e.g., by the use of non- 21. In § 173.134, paragraph (a)(5) is circuits will be prevented (e.g., by the conductive caps that entirely cover the revised to read as follows: use of non-conductive caps that entirely terminals). The maximum authorized cover the terminals); they may not be gross weight is 30 kg (65 pounds). § 173.134 Class 6, Division 6.2— Definitions and exceptions. packed with other materials except as * * * * * provided in paragraphs (g) and (h) of (d) * * * (a) * * * this section and in §§ 173.220 and (5) Regulated medical waste or (1) The battery must be protected 173.222. For transportation by aircraft, clinical waste or (bio) medical waste against short circuits (e.g., by the use of the packaging for wet cell batteries must means a waste or reusable material non-conductive caps that entirely cover incorporate an acid-or alkali-proof liner, the terminals) and securely packaged; derived from the medical treatment of or include a supplementary packaging an animal or human, which includes with sufficient strength and be * * * * * diagnosis and immunization, or from adequately sealed to prevent leakage of (e) * * * biomedical research, which includes the electrolyte fluid in the event of spillage. (2) The batteries must be loaded or production and testing of biological braced so as to prevent damage and products. Regulated medical waste or * * * * * (c) * * * short circuits in transit (e.g., by the use clinical waste or (bio) medical waste (1) Electric storage batteries protected of non-conductive caps that entirely containing a Category A infectious against short circuits (e.g., by the use of cover the terminals); substance must be classed as an non-conductive caps that entirely cover * * * * * infectious substance, and assigned to the terminals) and firmly secured to UN 2814 or UN 2900, as appropriate. 25. In § 173.166, paragraph (d)(1) is skids or pallets capable of withstanding revised to read as follows: * * * * * the shocks normally incident to 22. In § 173.136, paragraph (d) is transportation, are authorized for § 173.166 Air bag inflators, air bag removed and the last sentence in transportation by rail, highway, or modules and seat-belt pretensioners. paragraph (a) is revised and to read as water. The height of the completed unit * * * * * follows: 1 must not exceed 1 ⁄2 times the width of (d) * * * § 173.136 Class 8—Definitions. the skid or pallet. The unit must be (1) An air bag module or seat-belt capable of withstanding, without (a) * * * A liquid, or a solid offered pretensioner that has been approved by damage, a superimposed weight equal to for transportation or transported as a the Associate Administrator and is two times the weight of the unit or, if liquid, that has a severe corrosion rate installed in a motor vehicle, aircraft, the weight of the unit exceeds 907 kg on steel or aluminum based on the boat or other transport conveyance or its (2000 pounds), a superimposed weight criteria in § 173.137(c)(2) is also a completed components, such as steering of 1814 kg (4000 pounds). Battery corrosive material. columns or door panels, is not subject terminals must not be relied upon to to the requirements of this subchapter. * * * * * support any part of the superimposed 23. In § 173.137, paragraph (c)(2) is weight. * * * * * revised to read as follows: (2) Electric storage batteries weighing 26. Section 173.187 is revised to read as follows: § 173.137 Class 8—Assignment of packing 225 kg (500 pounds) or more, consisting group. of carriers’ equipment, may be shipped § 173.187 Pyrophoric solids, metals or by rail when mounted on suitable skids * * * * * alloys, n.o.s. and protected against short circuits (e.g., (c) * * * Packagings for pyrophoric solids, (2) That do not cause full thickness by the use of non-conductive caps that entirely cover the terminals). Such metals, or alloys, n.o.s. must conform to destruction of intact skin tissue but the requirements of part 178 of this exhibit a corrosion on steel or shipments may not be offered in interchange service. subchapter at the packing group aluminum surfaces exceeding 6.25 mm performance level specified in the (0.25 inch) a year at a test temperature * * * * * (4) Not more than four batteries not § 172.101 Table. These materials must of 55 C (130 F). The corrosion may be be packaged as follows: determined in accordance with the UN over 7 kg (15 pounds) each, packed in strong outer fiberboard or wooden (a) In steel boxes (4A) and contain not Manual of Tests and Criteria (IBR, see more than 15 kg (33 pounds) each. § 171.7 of this subchapter) or other boxes. Batteries must be securely (b) In wooden boxes (4C1, 4C2, 4D, or equivalent test methods. cushioned and packed to prevent short 24. In § 173.159, paragraphs (a), (c)(1), circuits (e.g., by the use of non- 4F) with inner metal receptacles which (c)(2), (c)(4), (c)(5), (d)(1) and (e)(2) are conductive caps that entirely cover the have a positive (not friction) means of revised to read as follows: terminals). The maximum authorized closure and contain not more than 15 kg gross weight is 30 kg (65 pounds). (33 pounds) each. § 173.159 Batteries, wet. (5) Not more than five batteries not (c) In fiberboard boxes (4G) with inner * * * * * over 4.5 kg (10 pounds) each, packed in metal receptacles which have a positive (a) Electric storage batteries, strong outer fiberboard or wooden (not friction) means of closure and containing electrolyte acid or alkaline boxes. Batteries must be securely contain not more than 7.5 kg (17 corrosive battery fluid, must be cushioned and packed to prevent short pounds) each.

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(d) In steel drums (1A1 or 1A2) with 28. In § 173.216, paragraph (c)(3) is batteries that are transported with these a gross mass not exceeding 150 kg (331 revised and paragraph (c)(4) is removed batteries installed are forbidden aboard pounds) per drum. to read as follows: passenger-carrying aircraft. Lithium (e) In plywood drums (1D) with inner batteries contained in vehicles or § 173.216 Asbestos, blue, brown or white. metal receptacles which have a positive engines must be securely fastened in the (not friction) means of closure and * * * * * battery holder of the vehicle or engine, contain not more than 15 kg (33 pounds) (c) * * * and be protected in such a manner as to each. (3) Bags or other non-rigid packagings prevent damage and short circuits (e.g., which are dust and sift proof must be (f) In fiber drums (1G) with inner by the use of non-conductive caps that placed in rigid outer packagings or metal receptacles which have a positive entirely cover the terminals). Lithium closed freight containers. batteries must be of a type that have (not friction) means of closure and 29. In § 173.220, paragraphs successfully passed each test in the UN contain not more than 15 kg (33 pounds) (b)(2)(ii)(B)(3), (c) and (d) are revised to Manual of Tests and Criteria as each. read as follows: (g) In specification cylinders, as specified in § 173.185, unless approved prescribed for any compressed gas, § 173.220 Internal combustion engines, by the Associate Administrator. except for Specifications 8 and 3HT. self-propelled vehicles, mechanical Equipment, other than vehicles or 27. In § 173.197, paragraph (a), the equipment containing internal combustion engines, containing lithium batteries first sentence in paragraph (b), and the engines, and battery powered vehicles or must be transported in accordance with equipment. first sentence in paragraph (e)(2) are § 173.185. revised to read as follows: * * * * * * * * * * (b) * * * § 173.197 Regulated medical waste. (2) * * * 30. In § 173.222, paragraph (d) is revised to read as follows: (a) General provisions. Non-bulk (ii) * * * (B) * * * packagings, Large Packagings, and non- § 173.222 Dangerous goods in equipment, (3) In no part of the closed system specification bulk outer packagings used machinery or apparatus. shall the pressure exceed 5% of the for the transportation of regulated maximum allowable working pressure * * * * * medical waste or clinical waste or (bio) of the system or 290 psig (2000 kPa), (d) Except for transportation by medical waste must be rigid containers whichever is less; and aircraft, when a package contains meeting the provisions of subpart B of hazardous materials in two or more of this part. * * * * * (c) Battery powered or installed. the categories listed in paragraphs (c)(1) (b) * * * Except as provided in Batteries must be securely installed, and through (c)(3) of this section the total § 173.134(c) of this subpart, non-bulk wet batteries fastened in an upright quantity required by § 172.202(c) of this packagings for regulated medical waste position. Batteries must be protected subchapter to be entered on the or clinical waste or (bio) medical waste against short circuits (e.g., by the use of shipping paper must be the aggregate must be UN standard packagings non-conductive caps that entirely cover quantity of all hazardous materials, conforming to the requirements of Part the terminals) and leakage or removed expressed as net mass. 178 of this subchapter at the Packing and packaged separately under 31. In § 173.224, in paragraph (b)(7), Group II performance level. * * * § 173.159. Battery powered vehicles, in the Self-Reactive Materials Table, a * * * * * machinery or equipment including new entry is added in appropriate (e) * * * battery powered wheelchairs and alphabetical order to read as follows: (2) * * * Liquid regulated medical mobility aids are excepted from the § 173.224 Packaging and control and waste or clinical waste or (bio) medical requirements of this subchapter when waste transported in a Large Packaging, emergency temperatures for self-reactive transported by rail, highway or vessel. materials. Cart, or BOP must be packaged in a rigid (d) Lithium batteries. Except as inner packaging conforming to the provided in § 172.102, Special provision * * * * * provisions of subpart B of this part. A102, of this subchapter, vehicles and (b) * * * * * * * * machinery powered by primary lithium (7) * * *

SELF-REACTIVE MATERIALS TABLE

Identification Concentration— Packing Control tem- Emergency Self-reactive substance No. (%) method perature—(°C) temperature Notes

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

Acetone-pyrogallol copolymer 2-diazo- 1-naphthol-5-sulphonate ...... 3228 100 OP8

*******

* * * * * into fuel cell powered equipment (b) Fuel cell cartridges containing 32. A new section § 173.230 is added through a valve. The cartridge must be flammable liquids including methanol to subpart E to read as follows: designed and constructed to prevent the or methanol/water solutions must fuel from leaking during normal conform to the following: § 173.230 Fuel cell cartridges containing conditions of transportation and be free (1) The fuel cell cartridge design type flammable liquids. of electric charge generating without its packaging must be shown to (a) A fuel cell cartridge is a container components. pass an internal pressure test at a that stores fuel for controlled discharge pressure of 15 psig (100 kPa);

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(2) Fuel cell cartridges must be 36. In § 175.10, in paragraph (a)(2) (ii) Between hazardous materials of packaged in outer packagings which introductory text, the first sentence is different classes which comprise a meet the requirements of part 178 at the revised to read as follows: group of substances that do not react Packing Group II performance level and dangerously with each other. The § 175.10 Exceptions. conform to the general packaging following materials are grouped by requirements of subpart B of part 173; * * * * * compatibility: the following are authorized: 1A2, 1B2, (a) * * * (A) Hydrogen peroxide, aqueous 1D, 1G, 1H2, 4C1, 4C2, 4D, 4F, 4G, or (2) One packet of safety matches or a 4H2. lighter intended for use by an individual solutions with not less than 8 percent (c) Fuel cell cartridges packed in or when carried on one’s person or in but less than 20 percent hydrogen with equipment are excepted from the carry-on baggage only. * * * peroxide (stabilized as necessary); packaging requirements in paragraph * * * * * Hydrogen peroxide, aqueous solutions (b)(2) if the cartridges are packed in a 37. In § 175.78, paragraph (c)(4) is with not less than 20 percent but not strong outer packaging conforming to revised to read as follows: more than 40 percent hydrogen peroxide; Hydrogen peroxide, aqueous the requirements of §§ 173.24 and § 175.78 Stowage compatibility of cargo. 173.24a. For cartridges installed in solutions with more than 40 percent but equipment, the equipment may be * * * * * not more than 60 percent hydrogen considered the outer packaging if it (c) * * * peroxide; Hydrogen peroxide and provides an equivalent level of (4) Note 1. ‘‘Note 1’’ at the intersection of peroxyacetic acid mixtures, stabilized protection. The packaging need not a row and column means the following: with acids, water and not more than 5 conform to performance requirements of (i) Only Division 1.4, Compatibility Group percent peroxyacetic acid; Organic part 178 of this subchapter. The S, explosives are permitted to be transported aboard a passenger aircraft. Only certain peroxide type D, liquid; Organic cartridges must be protected against Division 1.3, Compatibility Groups C and G, peroxide type E, liquid; Organic damage that may be caused by the and Division 1.4, Compatibility Groups B, C, peroxide type F, liquid; and movement or placement of the D, E, G and S, explosives may be transported (B) Dichlorosilane, Silicon equipment and the cartridges within the aboard a cargo aircraft. tetrachloride, and Trichlorosilane. outer packaging. (ii) Explosives in Compatibility Group S 33. In § 173.306, paragraph (i) is may be stowed with explosives in all * * * * * revised and a new paragraph (j) is added compatibility groups. 41. In § 176.84, in paragraph (b), in to read as follows: (iii) Except as otherwise provided in this Note, explosives of different compatibility the Table of provisions, Codes ‘‘26,’’ § 173.306 Limited quantities of groups may be stowed together whether or ‘‘27,’’ ‘‘52’’ and ‘‘53’’ are revised, a new compressed gases. not they belong to the same division. Code ‘‘144’’ is added in appropriate * * * * * (iv) Division 1.4B and Division 1.3 numerical order, and following the explosives may not be stowed together. (i) Aerosols and receptacles small, table, a new note ‘‘2’’ is added to read Division 1.4 explosives must be loaded into as follows: containing gas with a capacity of less separate unit load devices and, when stowed than 50 mL. Aerosols, as defined in aboard the aircraft, the unit load devices § 176.84 Other requirements for stowage § 171.8 of this subchapter, and must be separated by other cargo with a and segregation for cargo vessels and receptacles small, containing gas, with a minimum separation of 2 m (6.5 feet). When passenger vessels. capacity not exceeding 50 mL (1.7 oz.) not loaded in unit load devices, Division 1.4 * * * * * and with a pressure not exceeding 970 and Division 1.3 explosives must be loaded kPa (141 psig) at 55 °C (131 °F), into different, non-adjacent loading positions (b) * * * containing no hazardous materials other and separated by other cargo with a minimum separation of 2 m (6.5 feet). than a Division 2.2 gas, are not subject Code Provisions to the requirements of this subchapter. * * * * * The pressure limit may be increased to PART 176—CARRIAGE BY VESSEL 2000 kPa (290 psig) at 55 °C (131 °F) ***** 26 ...... Stow ‘‘away from’’ acids.2 provided the aerosols are transported in 38. The authority citation for part 176 27 ...... Stow ‘‘away from’’ alkaline com- outer packages that conform to the continues to read as follows: pounds.2 packaging requirements of Subpart B of Authority: 49 U.S.C. 5101–5128; 49 CFR this part. This provision does not apply 1.53. ***** to a self-defense spray (e.g., pepper 52 ...... Stow ‘‘separated from’’ acids.1, 2 § 176.76 [Amended] spray). 53 ...... Stow ‘‘separated from’’ alkaline (j) For additional exceptions, also see 39. In § 176.76, in paragraph (f)(2), the compounds.2 § 173.307. wording ‘‘141 °F’’ is removed and the wording ‘‘60 °C (140 °F)’’ is added in its Appendix H to Part 173 [Amended] ***** place. 144 ...... When stowed under deck, me- 34. In Appendix H to Part 173, under 40. In § 176.83, paragraph (a)(4) is chanical ventilation shall be in heading 5. Procedure, in paragraph (h), revised to read as follows: accordance with SOLAS regula- the wording ‘‘60.5 °C (141 °F)’’ is tion II–2/19 (II–2/54) for flam- removed and the wording ‘‘60 °C (140 § 176.83 Segregation. mable liquids with flashpoint °F)’’ is added each place it appears. (a) * * * below 23 °C (73 °F). (4) Segregation is not required: PART 175—CARRIAGE BY AIRCRAFT (i) Between hazardous materials of different classes which comprise the 35. The authority citation for part 175 same substance but vary only in their continues to read as follows: water content (for example, sodium Authority: 49 U.S.C. 5101–5128; 44701; 49 sulfide in Division 4.2 or Class 8) or CFR 1.53. quantity for Class 7 materials; or

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Code Provisions § 178.602 [Amended] 47. In § 180.352, paragraphs (b) 44. In § 178.602, in paragraph (b), the introductory text, (b)(1) and (g) are ***** second sentence is amended by adding revised to read as follows: 2 Class 8 materials in PG II or III that other- the wording ‘‘containing solids’’ after § 180.352 Requirements for retest and wise are required to be segregated from one the word ‘‘Bags’’. inspection of IBCs. another may be transported in the same cargo transport unit, whether in the same packaging 45. In § 178.810, paragraph (b) is * * * * * or not, provided the substances do not react revised to read as follows: (b) Test and inspections for metal, dangerously with each other to cause combus- rigid plastic, and composite IBCs. Each § 178.810 Drop test. tion and/or evolution of considerable heat, or IBC is subject to the following test and of flammable, toxic or asphyxiant gases, or the * * * * * formation of corrosive or unstable substances; inspections: and the package does not contain more than (b) Special preparation for the drop (1) Each IBC intended to contain 30 L (7.8 gallons) for liquids or 30 kg (66 lbs.) test. (1) Metal, rigid plastic, and solids that are loaded or discharged for solids. composite IBCs intended to contain under pressure or intended to contain solids must be filled to not less than 95 PART 178—SPECIFICATIONS FOR liquids must be tested in accordance percent of their maximum capacity, or PACKAGINGS with the leakproofness test prescribed in if intended to contain liquids, to not less § 178.813 of this subchapter prior to its than 98 percent of their maximum 42. The authority citation for part 178 first use in transportation and every 2.5 capacity. Pressure relief devices must be continues to read as follows: years thereafter, starting from the date of removed and their apertures plugged or manufacture or the date of a repair Authority: 49 U.S.C. 5101–5128; 49 CFR rendered inoperative. conforming to paragraph (d)(1) of this 1.53. (2) Fiberboard and wooden IBCs must section. For this test, the IBC is not 43. In § 178.274, paragraph (j)(6) is be filled with a solid material to not less required to have its closures fitted. revised to read as follows: than 95 percent of their maximum * * * * * capacity; the contents must be evenly (g) Record retention. (1) The owner or § 178.274 Specifications for UN portable distributed. lessee of the IBC must keep records of tanks. (3) Flexible IBCs must be filled to the periodic retests, initial and periodic * * * * * maximum permissible gross mass; the inspections, and tests performed on the (j) * * * contents must be evenly distributed. IBC if it has been repaired or remanufactured. (6) Effective January 1, 2008, each (4) Rigid plastic IBCs and composite (2) Records must include design types new UN portable tank design type IBCs with plastic inner receptacles must and packaging specifications, test and be conditioned for testing by reducing meeting the definition of ‘‘container’’ in inspection dates, name and address of the temperature of the packaging and its the Convention for Safe Containers test and inspection facilities, names or contents to ¥18 °C (0 °F) or lower. Test (CSC) (see 49 CFR 450.3(a)(2)) must be name of any persons conducting test or liquids must be kept in the liquid state, subjected to the dynamic longitudinal inspections, and test or inspection if necessary, by the addition of anti- impact test prescribed in Part IV, specifics and results. freeze. Water/anti-freeze solutions with Section 40 of the UN Manual of Tests (3) Records must be kept for each a minimum specific gravity of 0.95 for and Criteria (see IBR, § 171.7 of this packaging at each location where testing at ¥18 °C (0 °F) or lower are subchapter). A UN portable tank design periodic tests are conducted, until such considered acceptable test liquids, and type impact-tested prior to January 1, tests are successfully performed again or may be considered equivalent to water 2008, in accordance with the for at least 2.5 years from the date of the for test purposes. IBCs conditioned in requirements of this section in effect on last test. These records must be made this way are not required to be October 1, 2005, need not be retested. available for inspection by a conditioned in accordance with UN portable tanks used for the representative of the Department on § 178.802. dedicated transportation of ‘‘Helium, request. * * * * * refrigerated liquid,’’ UN 1963, and Issued in Washington, DC, on August 23, ‘‘Hydrogen, refrigerated liquid,’’ UN PART 180—CONTINUING 2006. 1966, that are marked ‘‘NOT FOR RAIL QUALIFICATION AND MAINTENANCE Under authority delegated in 49 CFR part TRANSPORT’’ in letters of a minimum OF PACKAGINGS 106. height of 10 cm (4 inches) on at least Robert A. McGuire, two sides of the portable tank are 46. The authority citation for part 180 Associate Administrator for Hazardous excepted from the dynamic longitudinal continues to read as follows: Materials Safety. impact test. Authority: 49 U.S.C. 5101–5128; 49 CFR [FR Doc. 06–7200 Filed 8–30–06; 8:45 am] * * * * * 1.53. BILLING CODE 4910–60–P

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