[Federal Register: June 22, 2004 (Volume 69, Number 119)]
[Proposed Rules]
[Page 34723-34857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn04-38]
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Part II
Department of Transportation
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Research and Special Programs Administration
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49 CFR Parts 171, 172, 173, 175, 176, 178 and 180
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
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 175, 176, 178 and 180
[Docket No. RSPA-04-17036 (HM-215G)]
RIN 2137-AD92
Harmonization With the United Nations Recommendations,
International Maritime Dangerous Goods Code, and International Civil
Aviation Organization's Technical Instructions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: RSPA is proposing to amend the Hazardous Materials Regulations
(HMR) to maintain alignment with international standards by
incorporating various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations and vessel stowage
requirements. Because of recent changes to the International Maritime
Dangerous Goods Code (IMDG Code), the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), and the United
Nations Recommendations on the Transport of Dangerous Goods (UN
Recommendations), these revisions are necessary to facilitate the
transport of hazardous materials in international commerce.
DATES: Comments must be received by August 23, 2004.
ADDRESSES: Address your comments to the Dockets Management System, U.S.
Department of Transportation, 400 Seventh St., SW., Room PL 402,
Washington, DC 20590.
Comments. You may submit comments identified by the docket number
(RSPA-04-17036) by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management System; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-402,
Washington, DC 20590-001.
Hand Delivery: To the Docket Management System; Room PL-
402 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
notice. For detailed instructions on submitting comments and additional
information on the rulemaking process, see the Public Participation
heading of the SUPPLEMENTARY INFORMATION section of this document. Note
that all comments received will be posted without change to http://dms.dot.gov
including any personal information provided. Please see the
Privacy Act heading under SUPPLEMENTARY INFORMATION.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to the
Docket Management System (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Charles Betts, Office of Hazardous
Materials Standards, telephone (202) 366-8553, or Shane Kelley,
International Standards, telephone (202) 366-0656, Research and Special
Programs Administration, U.S. Department of Transportation, 400 Seventh
Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Contents
I. Background
II. Overview of Proposed Changes in this NPRM
III. Overview of Amendments Not Being Considered for Adoption in
this NPRM
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and
Procedures
B. Executive Order 13132
C. Executive Order 13175
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Regulatory Policies and Procedures
E. Paperwork Reduction Act
F. Regulatory Identifier Number (RIN)
G. Unfunded Mandates Reform Act
H. Environmental Assessment
I. Privacy Act
I. Background
On December 21, 1990, RSPA (we) published a final rule (Docket HM-
181; 55 FR 52402) based on the UN Recommendations, which
comprehensively revised the Hazardous Materials Regulations (HMR), 49
CFR parts 171 to 180, for harmonization with international standards.
Since publication of the 1990 final rule, we have issued five
additional international harmonization final rules (Dockets HM-215A, 59
FR 67390; HM-215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR
33316; and HM-215E, 68 FR 44992). The rules provided additional
harmonization with international transportation requirements by more
fully aligning the HMR with the corresponding biennial updates of the
UN Recommendations, the IMDG Code and the ICAO Technical Instructions.
The UN Recommendations are not regulations, but rather are
recommendations issued by the UN Committee of Experts on the Transport
of Dangerous Goods (TDG) and on the Globally Harmonized System of
Classification and Labeling (GHS). These recommendations are amended
and updated biennially by the UN Committee of Experts. They serve as
the basis for National, regional, and international modal regulations;
specifically, the IMDG Code issued by the International Maritime
Organization (IMO), and the ICAO Technical Instructions issued by the
ICAO. In 49 CFR 171.12, the HMR authorize domestic transportation of
hazardous materials shipments prepared in accordance with the IMDG Code
if all or part of the transportation is by vessel, subject to certain
conditions and limitations. In Sec. 171.11, subject to certain
conditions and limitations, the HMR authorize the offering, acceptance
and transport of hazardous materials by aircraft, and by motor vehicle
either before or after being transported by aircraft, provided the
shipment is in accordance with the ICAO Technical Instructions.
The continually increasing amount of hazardous materials
transported in international commerce warrants the harmonization of
domestic and international requirements to the greatest extent
possible. Harmonization serves to facilitate international
transportation and at the same time ensures the safety of people,
property and the environment. While the intent of the harmonization
rulemakings is to align the HMR with international standards, we review
and consider each amendment on its own merit. Each amendment is
considered on the basis of the overall impact on transportation safety
and the economic implications associated with its adoption into the
HMR. Our goal is to harmonize without sacrificing the current HMR level
of safety and without imposing undue burdens on the regulated public.
In our efforts to continue to align the HMR with international
requirements, this notice of proposed rulemaking (NPRM) proposes
changes to the HMR based on the Thirteenth Revised Edition of the
[[Page 34725]]
UN Recommendations, Amendment 32 to the IMDG Code, and the 2005-2006
ICAO Technical Instructions, which become effective January 1, 2005.
Petitions for rulemaking concerning harmonization with international
standards and the facilitation of international transportation are also
addressed in this NPRM and serve as the basis of certain proposed
amendments. Other proposed amendments are based on feedback from the
regulated industry, other DOT modal administrations and our initiative.
Also included are various proposed editorial clarifications. Unless
otherwise stated, the proposed revisions are for harmonization with
international standards.
II. Overview of Proposed Changes in This NPRM
Proposed amendments to the HMR in this NPRM include, but are not
limited to the following:
Amendments to the Hazardous Materials Table (HMT) which
would add, revise or remove certain proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
bulk packaging requirements, passenger and cargo aircraft maximum
quantity limitations and vessel stowage provisions.
Amendments to the List of Marine Pollutants.
Revisions and additions of special provisions.
Removal of the air eligibility marking requirement.
Addition of a ``KEEP AWAY FROM HEAT'' marking requirement
for packages offered for transportation by air.
Amendment to require that aerosol cans that are carried
aboard an aircraft in accordance with Sec. 175.10(a)(4) have their
release devices protected by a cap or other suitable means.
A grandfather provision to allow the shipment of materials
classified as corrosive to steel or aluminum under ASTM G 31-72.
A provision to require that the word ``overpack'' be
marked on overpacks to indicate that this marking implies that inside
packages comply with prescribed specifications.
An amendment to the criteria for classification of
materials that are corrosive to metals.
Revision of the limited quantity provisions for Class 6.1,
PG II materials and other hazard classes of materials to take into
account materials with a subsidiary hazard of 6.1, PG II.
Amendments to the packaging requirements for materials
classified as Division 6.1, Packing Group I, Hazard Zone A or Hazard
Zone B.
Revision of the organic peroxide packaging requirements in
order to have one consolidated packaging section for organic peroxides.
The revised section will include three separate tables for organic
peroxides authorized for transport in non-bulk packagings, IBCs, and
bulk packagings other than IBCs, respectively. Additionally, the
packaging tables will be updated through the amendments to the organic
peroxide requirements that will add, revise, or delete certain entries
in the organic peroxide tables.
III. Overview of Amendments Not Being Considered for Adoption in This
NPRM
This NPRM proposes changes to the HMR based on amendments to the
Thirteenth Revised Edition of the UN Recommendations, Amendment 32 to
the IMDG Code, and the 2005-2006 ICAO Technical Instructions, which
become effective January 1, 2005. However, we are not proposing to
adopt all of the amendments to those documents into the HMR. In many
cases, amendments to the international regulation have not been adopted
because of the framework or structure of the HMR. In several cases, we
are handling certain amendments in separate rulemakings. For example,
all amendments related to infectious substances are being handled under
Docket HM-226A. In some instances, such as the amendment to ICAO TI to
allow certain oxygen generators aboard passenger carrying aircraft, we
do not believe the amendment to be in the interest of public safety.
If we have inadvertently omitted an amendment in this NPRM, we will
attempt to include the omission in the final rule. However, our options
for making changes in a final rule are limited by requirements of the
Administrative Procedures Act. In some instances, we can adopt a
provision inadvertently omitted from the NPRM if it is clearly within
the scope of changes proposed in the notice, does not require
substantive changes from the international standard on which it is
based, and imposes minimal or no cost impacts on persons subject to the
requirement. Otherwise, in order to provide opportunity for notice and
comment the change must be proposed in an NPRM.
One of the goals of this rulemaking is to continue to maintain
consistency between the HMR and the international requirements. We are
not striving to ``match-up'' the HMR with the international regulations
but rather striving to remove potential barriers to international
transportation.
Below is a listing of those significant amendments to the
international regulations that we are not proposing to adopt into the
HMR with a brief explanation why:
Requirements for infectious substances and genetically
modified micro-organisms;
(Amendments to the HMR related to infectious substances will be
addressed in a future rulemaking under Docket HM-226A. Several other
Federal agencies regulate genetically modified micro-organisms; thus we
do not plan to adopt provisions for their transport in the HMR.)
Compressed gas cylinders;
(Amendments to the HMR related to compressed gas cylinders will be
addressed in a future rulemaking under Docket HM-220E.)
Environmentally hazardous substances;
(Delay in action pending further amendments to the international
regulations.)
Hazardous materials security;
(Amendments to the HMR related to the UN Model Regulation's
hazardous materials security requirements were promulgated in a
rulemaking under the HM-232 Docket series.)
Requirements for radioactive materials;
(Amendments to the HMR related to Class 7 (radioactive) materials
are being addressed in a rulemaking under the HM-230 Docket series.)
Non-specification bulk packagings;
(We are not adopting the new requirements in the UN Recommendations
for non-specification bulk packagings including the additional
inspection, testing and marking requirements. We are unsure about the
cost impacts of imposing these additional amendments and, therefore,
are not proposing to adopt any additional amendments at this time.)
The reference to EN 10028-3, Part 3 for defining steel
grain size relevant to the definition of fine grain steel;
(We do not believe there is a need to adopt the European standard
EN 10028-3, Part 3 because this standard is equivalent to ASTM E 112-96
(IBR, see Sec. 171.7 of this subchapter). In addition, the ASTM
standard is currently referenced in the HMR and is more commonly used
and recognized in the U.S.)
Bulk authorization for UN0331, UN0332 and UN3375;
(For several years, we have authorized, under exemption, the
transport of certain blasting agents in bulk packagings. We are
currently
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reviewing those exemptions to determine if they should be included in
the HMR. The amendments in the UN Recommendations related to the bulk
authorizations for UN0331, UN0332 and UN3375 will be included in that
review.)
The removal of wooden barrel requirements;
(The removal of the wooden barrel requirements (2C1 and 2C2) may be
considered in a future rulemaking.)
The 24-hour gasket relaxation requirement;
(A requirement that removable head packagings for liquids not be
drop tested until at least 24 hours after filling and closing to allow
for any possible gasket relaxation was adopted in the thirteenth
revised edition of the UN Model Regulations. We have conducted testing
in coordination with drum manufacturers and have determined that this
requirement is not substantiated by the results of the tests conducted.
Therefore, we are not adopting into the HMR amendments relative to the
24-hour gasket relaxation requirement. We also opposed this requirement
when it was considered by the UN TDG Sub-Committee.)
Authorization to transport protective breathing equipment
(PBE's) with an oxygen generator as cargo onboard a passenger-carrying
aircraft.
(We do not believe that oxygen generators should be transported
aboard passenger carrying aircraft. Therefore, we are not adopting the
ICAO amendment that would allow oxygen generators in protective
breathing equipment to be transported in passenger carrying aircraft.)
IV. Section-by-Section Review
Part 171
Section 171.7
Paragraph (a)(3) (incorporation by reference materials) would be
updated to include the most recent edition of the ICAO Technical
Instructions, the IMDG Code and the UN Recommendations. The updated
editions of these standards become effective January 1, 2005.
Additionally, the International Maritime Organization (IMO) recommends
authorizing a one-year transition period, with a delayed compliance
date of January 1, 2006, for the use of the updated edition (Amendment
32) of the IMDG Code.
The standards would be updated as follows:
The ICAO Technical Instructions, 2005-2006 Edition.
The IMDG Code, Amendment 32.
The UN Recommendations, Thirteenth Edition.
The UN Manual of Tests and Criteria, 4th Revised Edition.
Paragraph (b) (list of informational materials not requiring
incorporation by reference) would be revised by adding an additional
reference for a new method for determining the size of an emergency-
relief device for portable tanks transporting organic peroxides. This
revision is based on a petition for rulemaking numbered P-1428. The
petition was submitted by Mr. Lynne Harris for the Organic Peroxides
Producers Safety Division of the Society of the Plastics Industry, Inc.
The reference would be added as follows:
The Society of the Plastics Industry, Inc., Organic
Peroxide Producers Safety Division, 1801 K Street, NW., Suite 600K,
Washington, DC 20006-1301. Example of a Test Method for Venting Sizing:
OPPSD/SPI Methodology.
Section 171.8
The definition for ``salvage packaging'' would be revised to
include the term ``non-conforming.'' The term ``non-conforming'' was
added to the definition by the UN Committee of Experts in December
2000. In addition to situations involving damaged, defective or leaking
packages of dangerous goods, occasionally an undamaged primary
container is found to be tested to a performance level which is less
than that required for the specific substance it contains (e.g., a drum
tested to PG II standards containing a PG I substance). In other
instances, the primary container is found to be a non-performance
tested packaging containing a regulated substance. In these situations,
it may not be safe or practical to transfer the material to the correct
packaging to continue on to the consignee. Therefore, the use of
salvage packaging to contain ``non-conforming'' packages will minimize
the risk to those handling the package during its transport back to the
shipper or to an appropriate disposal location.
Section 171.11
Paragraph (d)(15) would be revised to clarify that the limitations
therein also apply to oxygen generators contained in personal breathing
equipment. In addition, paragraph (d)(17) would be revised to indicate
that an organic peroxide that is not identified by a technical name in
any of the organic peroxide tables found in Sec. 173.225 of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.128(d) of this
subchapter.
Section 171.12
In Sec. 171.12, paragraph (b)(20) would be revised to indicate
that an organic peroxide that is not identified by a technical name in
any of the organic peroxide tables found in Sec. 173.225 of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.128(d) of this
subchapter.
Section 171.12a
Paragraph (a) would be revised to clarify the requirements for the
return to Canada of bulk packagings that correspond to DOT or UN
Specification. Paragraph (b)(9)(ii) would be revised to indicate that
the shipping certification must be completed for shipments from Canada
that enter the U.S. Paragraph (b)(18) would be revised to indicate that
an organic peroxide that is not identified by a technical name in any
of the organic peroxide tables found in Sec. 173.225 of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.128(d) of this
subchapter.
Section 171.14
Paragraphs (d) and (d)(1) would be revised to authorize a delayed
implementation date for the proposed amendments in this NPRM. We are
proposing an effective date of October 1, 2004, and a voluntary
compliance date of January 1, 2005, to correspond with the effective
implementation dates of the 2005-2006 ICAO Technical Instructions and
Amendment 32 of the IMDG Code. This authorization would allow shippers
to prepare their international shipments in accordance with
international standards that will become effective on January 1, 2005.
We are also, proposing to authorize a delayed compliance date of
January 1, 2006, which is comparable to the transitional provisions
provided in the final rule published under Docket HM-215E. The delayed
mandatory compliance date would offer sufficient time to implement the
new requirements.
Paragraph (d)(2) would be revised to authorize certain intermixing
of old and new requirements.
Part 172
Section 172.101
In the regulatory text preceding the Hazardous Materials Table, we
are proposing the following changes:
Paragraph (c)(11) and the corresponding note to paragraph (c)(11)
would be amended to revise a section reference. The reference to Sec.
173.225(c)
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in the first sentence would be revised to read Sec. 173.225(b) and the
reference to Sec. 173.225(c)(2) in the note to paragraph (c)(11) would
be revised to read Sec. 173.225(b)(2).
Paragraph (d)(4) would be revised by adding a statement indicating
that when the abbreviation ``Comb liq.'' is found in the ``Hazard class
of division'' column of the Hazardous Materials Table (column 3), the
material falls into the ``Combustible liquid'' hazard class.
Paragraph (i)(3) of this section would be revised to specify that
Column 7 of the Hazardous Materials Table contains additional bulk
packaging authorizations and limitations for the use of UN portable
tanks.
Section 172.101 The Hazardous Materials Table (HMT). We are
proposing to make various amendments to the HMT. Readers should review
all changes for a complete understanding of the proposed Table
amendments. The HMT is being reprinted in its entirety due to the
numerous changes. Proposed amendments to the HMT for the purpose of
harmonizing with international standards, unless otherwise stated,
include, but are not limited to the following:
We propose to revise several entries by adding the
qualifying word ``liquid.'' This action is consistent with the
revisions to proper shipping names that were incorporated into the
Thirteenth Revised Edition of the UN Recommendations. Affected entries
would be as follows:
UN1392 Alkaline earth metal amalgam
UN1420 Potassium metal alloys
UN1422 Potassium sodium alloys
UN1701 Xylyl bromide
UN1742 Boron trifluoride acetic acid complex
UN1743 Boron trifluoride propionic acid complex
UN2235 Chlorobenzyl chlorides
UN2236 3-Chloro-4-methylphenyl isocyanate
UN2306 Nitrobenzotrifluorides
UN2445 Lithium alkyls
UN2552 Hexafluoroacetone hydrate
UN2937 alpha-Methylbenzyl alcohol
UN3276 Nitriles, toxic, n.o.s.
UN3278 Organophosphorus compound, toxic, n.o.s.
UN3280 Organoarsenic compound, n.o.s.
UN3282 Organometallic compound, toxic, n.o.s.
UN3281 Metal carbonyls, n.o.s.
We propose to revise several entries by adding the
qualifying word ``solid.'' This action is consistent with the revisions
to proper shipping names that were incorporated into the Thirteenth
Revised Edition of the UN Recommendations. Affected entries would be as
follows:
UN1445 Barium chlorate
UN1447 Barium perchlorate
UN1459 Chlorate and magnesium chloride mixture
UN1470 Lead perchlorate
UN1578 Chloronitrobenzenes
UN1579 4-Chloro-o-toluidine hydrochloride
UN1650 beta-Naphthylamine
UN1680 Potassium cyanide
UN1689 Sodium cyanide
UN1690 Sodium fluoride
UN1697 Chloroacetophenone
UN1709 2,4-Toluylenediamine
UN1812 Potassium fluoride
UN1843 Ammonium dinitro-o-cresolate
UN2074 Acrylamide
UN2239 Chlorotoluidines
UN2261 Xylenols
UN2446 Nitrocresols
UN2662 Hydroquinone
UN3283 Selenium compound, n.o.s.
We propose to revise several entries by removing the
qualifying word ``solid.'' This action would provide consistency with
the Thirteenth Revised Edition of the UN Recommendations and enable us
to remove all corresponding solution entries. The affected entries
would be as follows:
UN1489 Potassium perchlorate, solid
UN1598 Dinitro-o-cresol, solid
UN1638 Mercury iodide, solid
UN1740 Hydrogendifluorides, n.o.s. solid
UN2439 Sodium hydrogendifluoride, solid
We propose to delete several entries. This action would
remove from the HMR the solution form of entries that are not
identified as solutions in the Thirteenth Revised Edition of the UN
Recommendations. The deleted entries would be as follows:
UN1489 Potassium perchlorate, solution
UN1598 Dinitro-o-cresol, solution
UN1638 Mercury iodide, solution
UN1740 Hydrogendifluorides, n.o.s. solutions
UN2439 Sodium hydrogendifluoride solution
We propose to revise the proper shipping name
``Butadienes, stabilized,'' UN1010 to read ``Butadienes, stabilized or
Butadienes and hydrocarbon mixture, stabilized, containing more than
40% butadienes.''
We propose to revise the proper shipping name ``Potassium
hydrogendifluoride, solid,'' UN1811 to read ``Potassium
hydrogendifluoride, solid.''
We propose to revise the proper shipping name
``Refrigerating machines, containing non-flammable, non-toxic,
liquefied gas or ammonia solution (UN2672),'' UN2857 to read
``Refrigerating machines containing non-flammable, non-toxic gases or
ammonia solutions (UN2672).''
Four references to IB52 and four references to T23 would
be removed from column 7 of the HMT. This change is necessary because
IB52 and T23 would be relocated to Sec. 173.225. The affected entries
would be:
UN3109 Organic peroxide type F, liquid
UN3110 Organic peroxide type F, solid
UN3119 Organic peroxide type F, liquid, temperature controlled
UN3120 Organic peroxide type F, solid, temperature controlled
IP5 would be removed from column 7 of the HMT for the
following UN numbers:
UN1791 Hypochlorite solution
UN2014 Hydrogen peroxide, aqueous solution with not less than
20% but not more than 60% hydrogen peroxide (stabilized as
necessary).
UN3149 Hydrogen peroxide and peroxyacetic acid mixture with
acid(s), water and not more than 5% peroxyacetic acid.
We propose to delete several entries. This action is
consistent with the deletion of proper shipping names that were
incorporated into the Thirteenth Revised Edition of the UN
Recommendations that we are proposing to adopt into the HMR. The
entries identified by corresponding ``UN'' numbers are:
UN2003 Metal alkyls, water-reactive, n.o.s. or Metal aryls, water-
reactive, n.o.s.
UN3049 Metal alkyl halides, water-reactive, n.o.s. or Metal aryl
halides, water-reactive, n.o.s.
UN3050 Metal alkyl hydrides, water-reactive, n.o.s. or Metal aryl
hydrides, water-reactive, n.o.s.
UN3207 Organometallic compound or Compound solution or Compound
dispersion, water-reactive, flammable, n.o.s.
UN3203 Pyrophoric organometallic compound, water-reactive, n.o.s.,
liquid Pyrophoric organometallic compound, water-reactive, n.o.s.,
solid
UN3372 Organometallic compound, solid, water-reactive, flammable,
n.o.s.
We propose to add the following new entries. Many of these
entries are the liquid or solid form of entries that are already listed
in the HMT. This action is consistent with the addition of proper
shipping names that were incorporated into the Thirteenth Revised
Edition of the UN Recommendations. Affected entries would be as
follows:
UN3377 Sodium perborate monohydrate
UN3378 Sodium carbonate peroxyhydrate
UN3379 Desensitized explosives, liquid, n.o.s.
UN3380 Desensitized explosives, solid, n.o.s.
UN3401 Alkali metal amalgam, solid
UN3402 Alkaline earth metal amalgam, solid
UN3403 Potassium metal alloys, solid
UN3404 Potassium sodium alloys, solid
[[Page 34728]]
UN3405 Barium chlorate solution
UN3406 Barium perchlorate solution
UN3407 Chlorate and magnesium chloride mixture solution
UN3408 Lead perchlorate solution
UN3409 Chloronitrobenzenes, liquid
UN3410 4-Chloro-o-toluidine hydrochloride solution
UN3411 beta-Naphthylamine solution
UN3413 Potassium cyanide solution
UN3414 Sodium cyanide solution
UN3415 Sodium fluoride solution
UN3416 Chloroacetophenone, liquid
UN3417 Xylyl bromide, solid
UN3418 2,4-Toluylenediamine solution
UN3419 Boron trifluoride acetic acid complex, solid
UN3420 Boron trifluoride propionic, acid complex, solid
UN3421 Potassium hydrogendifluoride solution
UN3422 Potassium fluoride solution
UN3423 Tetramethylammonium hydroxide, solid
UN3424 Ammonium dinitro-o-cresolate solution
UN3425 Bromoacetic acid, solid
UN3426 Acrylamide solution
UN3427 Chlorobenzyl chlorides, solid
UN3428 3-Chloro-4-Methylphenyl isocyanate, solid
UN3429 Chloro-toluidines, liquid
UN3430 Xylenols, liquids
UN3431 Nitrobenzotrifluorides, solid
UN3432 Polychlorinated biphenyls, solid
UN3433 Lithium alkyls, solid
UN3434 Nitrocresols, liquid
UN3435 Hydroquinone solution
UN3436 Hexafluoroacetone hydrate, solid
UN3437 Chlorocresols, solid
UN3438 alpha-Methylbenzyl alcohol, solid
UN3439 Nitriles, toxic, solid, n.o.s.
UN3440 Selenium compound, liquid, n.o.s.
UN3441 Chlorodinitrobenzenes, solid
UN3442 Dichloroanilines, solid
UN3443 Dinitrobenzenes, solid
UN3444 Nicotine hydrochloride, solid
UN3445 Nicotine sulphate, solid
UN3446 Nitrotoluenes, solid
UN3447 Nitroxylenes, solid
UN3448 Tear gas substance, solid, n.o.s.
UN3449 Bromobenzyl cyanides, solid
UN3450 Diphenylchloroarsine, solid
UN3451 Toluidines, solid
UN3452 Xylidines, solid
UN3453 Phosphoric acid, solid
UN3454 Dinitrotoluenes, solid
UN3455 Cresols, solid
UN3456 Nitrosyl-sulphuric acid, solid
UN3457 Chloronitrotoluenes, solid
UN3458 Nitroanisoles, solid
UN3459 Nitrobromobenzenes, solid
UN3460 N-Ethylbenzyltoluidines, solid
UN3461 Aluminium alkyl halides, solid
UN3462 Toxins, extracted from living sources, solid, n.o.s.
UN3464 Organophosphorus compound, toxic, solid, n.o.s.
UN3465 Organoarsenic compound, solid, n.o.s.
UN3466 Metal carbonyls, solid, n.o.s.
UN3467 Organometallic compound, toxic, solid, n.o.s.
UN3468 Hydrogen in a metal hydride storage system
We propose to add the following new generic entries for
materials that are poisonous by inhalation. These new names will
replace the existing generic entries in the HMT. This action is
consistent with the addition of proper shipping names that were
incorporated into the Thirteenth Revised Edition of the UN
Recommendations. Affected entries would be as follows:
UN3381 Toxic by inhalation liquid, n.o.s. with an inhalation
toxicity lower than or equal to 200 ml/m 3 and saturated
vapor concentration greater than or equal to 500 LC50.
UN3382 Toxic by inhalation liquid, n.o.s. with an inhalation
toxicity lower than or equal to 1000 ml/m 3 and saturated
vapor concentration greater than or equal to 10 LC50.
UN3383 Toxic by inhalation liquid, flammable, n.o.s. with an
inhalation toxicity lower than or equal to 200 ml/m3 and
saturated vapor concentration greater than or equal to 500
LC50.
UN3384 Toxic by inhalation liquid, flammable, n.o.s. with an
inhalation toxicity lower than or equal to 1000 ml/m 3
and saturated vapor concentration greater than or equal to 10
LC50.
UN3385 Toxic by inhalation liquid, water-reactive, n.o.s. with an
inhalation toxicity lower than or equal to 200 ml/m 3 and
saturated vapor concentration greater than or equal to 500
LC50.
UN3386 Toxic by inhalation liquid, water-reactive, n.o.s. with an
inhalation toxicity lower than or equal to 1000 ml/m 3
and saturated vapor concentration greater than or equal to 10
LC50.
UN3387 Toxic by inhalation liquid, oxidizing, n.o.s. with an
inhalation toxicity lower than or equal to 200 ml/m 3 and
saturated vapor concentration greater than or equal to 500
LC50.
UN3388 Toxic by inhalation liquid, oxidizing, n.o.s. with an
inhalation toxicity lower than or equal to 1000 ml/m 3
3 3 3 3 3 and
saturated vapor concentration greater than or equal to 10
LC50.
UN3389 Toxic by inhalation liquid, corrosive, n.o.s. with an
inhalation toxicity lower than or equal to 200 ml/m 3 and
saturated vapor concentration greater than or equal to 500
LC50.
UN3390 Toxic by inhalation liquid, corrosive, n.o.s. with an
inhalation toxicity lower than or equal to 1000 ml/m 3
and saturated vapor concentration greater than or equal to 10
LC50.
We propose to add the following new generic entries for
organometallic substances. We are not proposing to adopt the
``Flowchart scheme for organometallic substances'' because we believe
that it is intuitive based on the hazard class precedence system in the
HMR. This action is consistent with the addition of proper shipping
names that were incorporated into the Thirteenth Revised Edition of the
UN Recommendations. Affected entries would be as follows:
UN3391 Organometallic substance, solid, pyrophoric
UN3392 Organometallic substance, liquid, pyrophoric
UN3393 Organometallic substance, solid, pyrophoric, water-reactive
UN3394 Organometallic substance, liquid, pyrophoric, water-reactive
UN3395 Organometallic substance, solid, water-reactive
UN3396 Organometallic substance, solid, water-reactive, flammable
UN3397 Organometallic substance, solid, water-reactive, self-heating
UN3398 Organometallic substance, liquid, water-reactive
UN3399 Organometallic substance, liquid, water-reactive, flammable
UN3400 Organometallic substance, solid, self-heating
In addition, we would continue to allow the following specific
Organometallic proper shipping names: UN1366, UN1370, UN2005, UN2445,
UN3051, UN3052, UN3053, and UN3076. However, we anticipate removing
these entries from the HMT by January 1, 2007.
The U.N. Recommendations have adopted a rationalized
approach for the assignment of UN portable tank instructions for solid
materials. Based on that rationalized approach, we are making several
changes to UN portable tank authorizations in the HMR. These proposals
are summarized as follows. For a more specific identification of the
affected shipping descriptions, refer to the UN report located in the
public Docket.
For Division 4.1, Packing Group I materials, the use of UN portable
tanks would not be authorized.
For Division 4.3 materials with a subsidiary class of 6.1, in
Packing Group I, the use of portable tanks would not be authorized.
For materials of Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8
and 9, in Packing Group II, Special Provisions T3 would be specified.
For Division 4.2, Packing Group I materials, T21 and TP7 would be
specified.
For Division 4.3, Packing Group I materials, T9 and TP7 would be
specified.
For Division 5.1, Packing Group I materials, the use of UN portable
tanks would not be authorized.
For Division 6.1 and Class 8, Packing Group I materials, T6 would
be specified.
For materials of Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8
and 9, in Packing Group III, Special Provisions T1 would be specified.
Several entries in the HMT would be revised by amending
column 9B to
[[Page 34729]]
read ``forbidden'' so that the materials would no longer be authorized
for transport aboard cargo aircraft. The entries are being revised
because they meet the criteria of either Zone C or Zone D inhalation
toxicity. All other Zone C and Zone D toxic by inhalation materials
listed in the HMR are currently already forbidden from transport aboard
passenger and cargo aircraft (these materials are already forbidden
from transport aboard passenger aircraft). The entries to be revised
include:
Zone C:
UN2204 Carbonyl sulfide
UN1023 Coal gas, compressed
UN1064 Methyl mercaptan
UN1048 Hydrogen bromide, anhydrous
UN1079 Sulfur dioxide
Zone D:
UN1005 Ammonia, anhydrous
UN3318 Ammonia solution, relative density less than 0.880 at 15
degrees C in water, with more than 50 percent ammonia
UN1040 Ethylene oxide or Ethylene oxide with nitrogen up to a
total pressure of 1MPa (10 bar) at 50 degrees C
UN1040 Ethylene oxide or Ethylene oxide with nitrogen up to a
total pressure of 1MPa (10 bar) at 50 degrees C
UN2191 Sulfuryl fluoride
Also, see Sec. 172.102 for additional HMT amendments.
Appendix B to Sec. 172.101
In Appendix B to Sec. 172.101, List of Marine Pollutants, we are
proposing to remove the entries ``Isoamyl mercaptan'' ``Pentanethiols''
and ``Tetrachlorophenol.'' We are propo sing to revise the entry ``2,
6-Di-tert-Butylphenol'' and we are proposing to add the entry
``Chloropicrin.''
Section 172.102
We are proposing to amend Sec. 172.102, Special Provisions, as
follows:
Several entries in the HMT would be revised by adding
special provisions A3, A6, A7, A9, A10, N3, and N36 to align this
section with the equivalent special provisions in the ICAO Technical
Instructions (13, 2, 5, 4, 7, 21, and 3 respectively). We propose to
remove the ``A'' special provisions for several entries because we have
determined that the materials to which the provisions apply are
currently not authorized for transportation on either passenger or
cargo aircraft.
The following entries would be revised by adding special provision
A3:
UN1154 Diethylamine
UN1788 Hydrobromic acid, not more than 49% strength
UN1789 Hydrochloric acid
UN2031 Nitric acid, other than red fuming, with more than 70% nitric
acid
UN2604 Boron trifluoride diethyl etherate
The following entries would revised by adding A6:
UN1111 Amyl mercaptan
UN1228 Mercaptans, liquid, flammable, toxic, n.o.s.
UN1760 Corrosive liquid, n.o.s.
UN1903 Disinfectants, liquid, corrosive, n.o.s.
UN2031 Nitric acid, other than red fuming, with not more than 70%
nitric acid
UN2054 Morpholine
UN2347 Butyl mercaptan
UN2363 Ethyl mercaptan
UN2402 Propanethiols
UN2801 Dye, liquid, corrosive, n.o.s.
UN2920 Corrosive liquid, flammable, n.o.s.
UN2922 Corrosive liquid, toxic, n.o.s.
UN3071 Mercaptans, liquid, toxic, flammable, n.o.s.
UN3093 Corrosive liquid, oxidizing, n.o.s.
UN3093 Corrosive liquid, oxidizing, n.o.s.
UN3094 Corrosive liquid, water-reactive, n.o.s.
UN3094 Corrosive liquid, water-reactive, n.o.s.
UN3098 Oxidizing liquid, corrosive, n.o.s.
UN3099 Oxidizing liquid, toxic, n.o.s.
UN3139 Oxidizing liquid, n.o.s.
UN3145 Alkylphenols, liquid, n.o.s. (including C2-C12 homologues)
UN3264 Corrosive liquid, acidic, inorganic, n.o.s.
UN3265 Corrosive liquid, acidic, organic, n.o.s.
UN3266 Corrosive liquid, basic, inorganic, n.o.s.
UN3267 Corrosive liquid, basic, organic, n.o.s.
UN3301 Corrosive liquid, self-heating, n.o.s.
The following entries would be revised by adding special
provision A7:
UN1167 Divinyl ether, stabilized
UN1277 Propylamine
UN1389 Alkali metal amalgam, liquid
UN1389 Alkali metal amalgam, solid
UN1391 Alkali metal dispersion or Alkaline earth metal dispersion
UN1407 Cesium or Caesium
UN1420 Potassium metal alloys
UN1421 Alkali metal alloy, liquid, n.o.s.
UN1422 Potassium sodium alloys
UN1431 Sodium methylate
UN1796 Nitrating acid mixture with not more than 50% nitric acid
UN1796 Nitrating acid mixture with more than 50% nitric acid
UN1826 Nitrating acid mixture, spent with not more than 50% nitric
acid
UN1826 Nitrating acid mixture, spent with more than 50% nitric acid
UN1828 Sulphur chlorides
UN1938 Bromoacetic acid
UN2257 Potassium
UN2749 Tetramethylsilane
UN3093 Corrosive liquid, oxidizing, n.o.s.
UN3093 Corrosive liquid, oxidizing, n.o.s.
UN3094 Corrosive liquid, water-reactive, n.o.s.
UN3094 Corrosive liquid, water-reactive, n.o.s.
UN3205 Alkaline earth metal alcoholates, n.o.s.
UN3205 Alkaline earth metal alcoholates, n.o.s.
UN3206 Alkali metal alcoholates, self-heating, corrosive, n.o.s.
UN3206 Alkali metal alcoholates, self-heating, corrosive, n.o.s.
UN3208 Metallic substance, water-reactive, n.o.s.
UN3208 Metallic substance, water-reactive, n.o.s.
UN3208 Metallic substance, water-reactive, n.o.s.
UN3209 Metallic substance, water-reactive, self-heating, n.o.s.
UN3209 Metallic substance, water-reactive, self-heating, n.o.s.
UN3209 Metallic substance, water-reactive, self-heating, n.o.s.
The following entries would be revised by adding special
provision A9:
UN1449 Barium peroxide
UN1452 Calcium chlorate
UN3212 Hypochlorites, inorganic, n.o.s.
The following entries would be revised by adding special
provision A10:
UN1828 Sulphur chlorides
UN2401 Piperidine
The following entry would be revised by adding special
provision N3:
UN2817 Ammonium hydrogendifluoride solution
The following entries would be revised by adding special
provision N36:
UN1184 Ethylene dichloride
UN1732 Antimony pentafluoride
UN1777 Fluorosulphonic acid
UN2699 Trifluoroacetic acid
The following entries would be revised by removing certain
``A'' special provisions since the materials themselves are forbidden
for transportation aboard passenger and cargo aircraft:
UN1541 Acetone cyanohydrin, stabilized (remove A3)
UN1722 Allyl chloroformate (remove A3)
UN2692 Boron tribromide (remove A3, A7)
UN1744 Bromine or Bromine solutions (remove A3, A6)
UN2484 tert-Butyl isocyanate (remove A7)
UN2485 n-Butyl isocyanate (remove A7)
UN1752 Chloroacetyl chloride (remove A3, A6, A7)
UN1754 Chlorosulfonic acid (with or without sulfur trioxide) (remove
A3, A6, A10)
UN2382 Dimethylhydrazine, symmetrical (remove A7)
UN1182 Ethyl chloroformate (remove A3, A6, A7)
UN2481 Ethyl isocyanate (remove A7)
UN2014 Hydrogen peroxide, aqueous solutions with more than 40
percent but not more than 60 percent hydrogen peroxide (stabilized
as necessary) (remove A3, A6)
UN2015 Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous
solutions,
[[Page 34730]]
stabilized with more than 60 percent hydrogen peroxide (remove A3,
A6)
NA9206 Methyl phosphonic dichloride (remove A3)
UN2534 Methylchlorosilane (remove A2, A3, A7)
UN2304 Naphthalene, molten (remove A1)
UN1670 Perchloromethyl mercaptan (remove A3, A7)
UN1810 Phosphorus oxychloride (remove A7)
UN2740 n-Propyl chloroformate (remove A3, A6, A7)
UN1829 Sulfur trioxide, stabilized (remove A7)
UN1831 Sulfuric acid, fuming with 30 percent or more free sulfur
trioxide (remove A3, A6, A7)
UN1834 Sulfuryl chloride (remove A3)
UN1836 Thionyl chloride (remove A7)
UN2474 Thiophosgene (remove A7)
UN1838 Titanium tetrachloride (remove A3, A6)
UN2441 Titanium trichloride, pyrophoric or Titanium trichloride
mixtures, pyrophoric (remove A7, A8, A19, A20)
UN2442 Trichloroacetyl chloride (remove A3, A7)
UN1295 Trichlorosilane (remove A7)
UN2438 Trimethylacetyl chloride (remove A3, A6, A7)
Paragraph (b)(3) of this section would be amended to
specify that a ``B'' code refers to a special provision that applies
only to certain bulk packaging requirements and that, unless otherwise
stated, would not apply to UN portable tanks or IBCs.
Paragraph (b)(4) of this section would be amended to
specify that a code containing the letters ``IB'' or ``IP'' refers to a
special provision that applies only to transportation in IBCs.
Paragraph (b)(8) would be redesignated (b)(9) and a new
paragraph (b)(8) would be added to specify that a code containing the
letters ``TP'' refers to a special provision that is in addition to
those provided by the portable tank instructions or the requirements in
part 178.
Special Provision 47 would be revised to include an
additional exception currently in the UN Model Regulations specifying
that a leakproofness test is not required when the liquids are fully
absorbed in solid material contained in sealed bags.
Special Provision 135 would be revised to expand the
applicability of the proper shipping names ``Vehicle, flammable liquid
powered'' and ``Vehicle, flammable gas powered'' to include hybrid
electric vehicles.
Special Provision 137 would be revised to expand the
exception for ``Cotton, dry.''
Special Provision 143 would be removed and relocated to
Sec. 173.219 so that the limitations on the types of hazardous
materials authorized apply to both self-inflating and non-self-
inflating life-saving appliances.
Special Provision 153 would be relocated to new paragraph
(k) in Sec. 173.115 and revised to include amended classification
criteria for aerosols containing flammable constituents consistent with
criteria in the UN Model Regulations. The revised criteria would
include methods for the classification of aerosols based on the
percentage of flammable components.
New Special Provision 163 would be added to specify that
Ammonium Nitrate Emulsions would be required to satisfactorily pass
Test Series 8 of the UN Manual of Tests and Criteria, Part I, Section
18.
New Special Provision 164 would be added to specify that
an approval is required for ``Desensitized explosives, liquid, n.o.s.''
and ``Desensitized explosives, solid, n.o.s.''
New Special Provision 165 would be added to the Calcium
hypochlorite PG II and the PG III entries for UN1748 and UN2880 to
specify the danger of exothermic decomposition and require shading from
direct sunlight and sources of heat during transportation.
New Special Provision 166 would be added to the PG II
entry for calcium hypochlorite, UN2880 and UN1748 to indicate that
calcium hypochlorite in the non-friable tablet form may be transported
as a PG III material.
New Special Provision 167 would be added to the proposed
new entry for ``Hydrogen in a metal hydride storage system'' to specify
that such storage systems shall always be considered as containing
hydrogen.
New Special Provision 170 would be added to the newly
proposed Organometallic substances entries (UN3391, UN3392, UN3393, and
UN3394). The special provision would require air to be eliminated from
the vapor space by nitrogen or other means.
New Special Provision 171 would be added to the UN2880 PG
III entry. Since UN2880 also covers mixtures of hydrated calcium
hypochlorite in any concentration, some formulations in other than
tablet form (e.g., in granular form) may meet the criteria for
classification in Division 5.1, Packing Group III when subjected to the
relevant test in the UN Manual of Tests and Criteria. The PG III entry
for calcium hypochlorite would only be authorized when the material is
offered in the non-friable tablet form or for granular or powered
mixtures. This entry would not be authorized for the pure form of
calcium hypochlorite hydrated. We also recognize that some
formulations, when tested, do not meet the criteria for classification
in Division 5.1. In light of this, we believe that a new Special
Provision 171 should be added to the UN2880, PG III entry in the HMT to
allow for the possibility to classify powered or granular mixtures of
hydrated calcium hypochlorite in Packing Group III when data indicates
that the mixture meets the criteria for assignment to PG III.
Special Provision A11 is currently assigned to UN 2983,
Ethylene oxide and Propylene oxide mixtures and UN 1411, Lithium
aluminum hydride, ethereal. In the ICAO Technical Instructions these
substances are only authorized for transport in metal cylinders. A11
states ``For combination packagings, when metal inner packagings are
permitted, only specification cylinders constructed of metals which are
compatible with the hazardous material may be used.'' Therefore, to
align with ICAO Particular Packing Requirement Number 8, Special
Provision A11 would be amended to read ``Only specification cylinders
constructed of metals which are compatible with the hazardous material
may be used.''
Consistent with ICAO, we are adding a proper shipping name
to the HMT for ``Receptacles, small containing gas, 2.2 with a
subsidiary of 5.1.'' A new ``A'' code (A14) would be added to prohibit
material from being transported as a limited quantity or consumer
commodity in accordance with Sec. 173.306 aboard an aircraft. This new
``A'' code would also be added to the following additional shipping
names: ``Oxygen, compressed'', Carbon dioxide and oxygen mixtures'',
``Nitrous oxide'', ``Compressed gas oxidizing'', and ``Liquefied gas,
oxidizing.''
For consistency, the authorization in Special Provision
B69 to allow dry sodium or potassium cyanide in siftproof, water-
resistant fiberboard IBCs would be relocated to new Special Provision
IP20.
Paragraph (c)(4) of this section would be amended by
relocating ``Table 2.--Organic Peroxide IBC Code (IB52)'' to paragraph
(e) of Sec. 173.225 and renaming it the ``Organic Peroxide IBC
Table.'' Table 3.--IP Codes would then be redesignated Table 2.--IP
Codes. The wording of paragraph (c)(4) would be revised to indicate
that Table 3.--IP Codes had been redesignated Table 2.--IP Codes. All
references to IB52 in the HMR would be removed and replaced with
``Organic Peroxide IBC Table'' or ``Sec. 173.225(e),'' as applicable.
Paragraph (c)(7) would be amended by relocating the
Portable Tank Code T50 Table to Sec. 173.313 and renaming it ``UN
Portable Tank Table for Liquefied Compressed Gases.'' The T50 Table and
[[Page 34731]]
its description would be removed from paragraph (c)(7)(iv) and replaced
with a statement indicating that the new ``UN Portable Tank Table for
Liquefied Compressed Gases'' is found in Sec. 173.313. All references
to T50 in the HMR would be removed and replaced with ``UN Portable Tank
Table for Liquefied Compressed Gases in Sec. 173.313''. In addition,
paragraph (c)(7) would be amended by relocating Portable Tank Code T23
to paragraph (g) of Sec. 173.225 and renaming it the ``Organic
Peroxide Portable Tank Table.'' Portable Tank Code T23 and its
description found in paragraph (c)(7)(iii) would be removed and
paragraphs (c)(7)(iv)-(c)(7)(vii) would be redesignated (c)(7)(iii)-
(c)(7)(vi), respectively. All references to T23 in the HMR would be
removed and replaced with ``Organic Peroxide Portable Tank Table'' or
``Sec. 173.225(g),'' as applicable.
New paragraph (c)(8) would be added to provide an
introduction to the ``TP'' codes (i.e., portable tank special
provisions). The existing paragraph (c)(8) would be redesignated
paragraph (c)(9).
New Special IBC Packing Provision IP13 would be added to
specify that transportation by vessel in IBCs would be prohibited.
New Special IBC Packing Provision IP14 would be added to
specify that air must be eliminated from the vapor space by nitrogen
purging or other means.
New Special IBC Packing Provision IP20 would be added to
specify that dry sodium cyanide and potassium cyanide are also
permitted in siftproof, water-resistant, fiberboard IBCs when
transported in closed freight containers or transport vehicles.
Portable tank Special Provision TP3 would be revised to
include the maximum degree of filling (in %) for solids transported
above their melting points.
Special Provision TP6 would be revised by removing the
word ``event'' and replacing it with the ``incident.''
Portable tank Special Provision TP9 would be removed from
column (7) of the Hazardous Materials Table for all materials that
reference a T code special provision. Special provision TP9 states that
a material with TP9 in Column (7) may only be transported in a portable
tank if approved by the Associate Administrator. A material that has
been given a T code does not require approval and is not subject to
Special Provision TP9.
Section 172.202
Paragraph (a)(5)(i) would be revised to clarify that for explosive
articles the quantity shown on a shipping paper must be expressed in
terms of the net mass of the article.
Section 172.203
Paragraph (f) would be revised by including the passenger and cargo
aircraft limitation certification statement that is currently found in
Sec. 172.204. This would align the HMR with the ICAO TI (see
4.1.5.8.1(b) of the ICAO TI). In addition, in paragraph (o)(3), the
reference to Sec. 173.225(c)(2) would be amended to read Sec.
173.225(b)(2). Paragraph (m)(2) would be revised to specify that the
phrase ``Poison Inhalation Hazard'' or ``Toxic Inhalation Hazard'' is
not required to be repeated if it otherwise appears in the shipping
description. Finally, a new paragraph (i)(3) would be added to specify
additional shipping paper description requirements for a hazardous
material consigned under an ``n.o.s.'' entry when offered for
transportation by vessel.
Section 172.204 and Section 172.321--Air Eligibility Marking
Under HM-215E (68 FR 44992), the air eligibility marking was
adopted into the HMR as new Sec. 172.321. Since publication of that
final rule, the ICAO's Dangerous Goods Panel removed the air
eligibility marking requirement. In lieu of this marking, ICAO adopted
a requirement that the shipping paper certification statement include
the statement ``I declare that all of the applicable air transport
requirements have been met'' when a hazardous material is offered for
air transportation. Additionally, the revised section provided examples
of the applicable air transport requirements that must be met. Based on
this action, we are proposing to revise the air eligibility marking
requirement by making it optional rather than mandatory and adding the
additional shipping paper certification statement for shipments going
by aircraft. Therefore, we are proposing to revise Sec. 172.204(c)(3)
by requiring that the statement ``I declare that all of the applicable
air transport requirements have been met'' be included on the shipping
paper in addition to the current certification statement when a
hazardous material is offered for air transportation. Additionally, the
revised section would provide examples of the applicable air transport
requirements that must be met and various section references. In order
to allow shippers to expend stocks of preprinted shipping papers
containing the previous certification statement, we are providing an
additional ten month transitional provision for the new certification
statement.
Section 172.317
A new Sec. 172.317 would be added to require a ``KEEP AWAY FROM
HEAT'' handling mark on packages containing self-reactive substances of
Division 4.1 or organic peroxides of Division 5.2 when such packages
are transported by air.
Part 173
Section 173.3
The definition for ``salvage drums'' would be revised to include
the term ``non-conforming.'' The term ``non-conforming'' was added to
the definition by the UN Committee of Experts in December 2000.
Section 173.24
For consistency with the UN Recommendations, paragraphs (g)(4) and
(g)(5) would be revised to clarify the following:
(A) That IBCs ( subject to the requirements in Sec. 173.24(g)) are
permitted to be vented to reduce internal pressure; and
(B) That venting of IBCs is not conditional upon whether a bulk
special provision is indicated for a particular hazardous material in
the Sec. 172.101 hazardous materials table.
In addition, paragraph (i) would be revised to clarify that other
general requirements specific to air transportation apply and are found
in Sec. 173.27.
Section 173.25
Paragraph (a)(2) would be revised by removing the requirement to
mark an overpack with the air eligibility marking. In addition, in
paragraph (a)(4), we propose to require overpacks to be marked with the
word ``OVERPACK'' or, alternatively, until October 1, 2007, with a
statement indicating that inside packages comply with prescribed
specifications. This is in response to adoption by the United Nations
of the ``OVERPACK'' marking to indicate that packages within an
overpack comply with prescribed specifications when specification
markings on inside packagings within the overpack are not visible.
Section 173.27
Paragraph (i) would be revised to indicate that the air eligibility
mark has been removed. This section would reference a new requirement
for shippers to place the following statement at the end of the
certification statement when a hazardous material is authorized for air
transportation: ``I declare that all applicable air transport
requirements have been met.''
[[Page 34732]]
Section 173.28
In paragraph (c)(2), we propose to delete the words ``or a UN 1H1
plastic drum.'' This would harmonize the HMR with the UN Model
Regulations and remove a source of confusion within the regulated
community regarding the reconditioning of a non-bulk packaging.
Section 173.115
In Sec. 173.115, a new paragraph (k) would be added (see
discussion under Sec. 172.102, Special Provision 153).
Section 173.128
In paragraph (d)(1)(i), the section reference would be revised to
read Sec. 173.225(c). In addition, in paragraphs (d)(1)(ii) and
(d)(1)(iii), the section reference would be revised to read Sec.
173.225(b).
Section 173.132
In paragraph (b)(1), we propose to revise the definition of
LD50 for acute oral toxicity to indicate that adult albino
rats may be tested without regard to gender. The current definition for
LD50 for acute oral toxicity in Sec. 173.132(b)(1) is based
on the Organization for Economic Co-Operation and Development (OECD)
Test Guideline (TG) 401. The OECD has agreed to three test methods that
will replace the current TG 401. The United Kingdom, Germany and the
United States of America took the lead in the development of the three
alternative tests that OECD has now adopted and published in the OECD
Guidelines for the Testing of Chemicals. In a continuing attempt to
improve the estimate of acute oral toxicity while reducing the number
of animals used per test, three alternative TGs have been developed and
implemented to replace TG 401. The three TGs are the Fixed Dose
Procedure (FDP, TG 420), the Acute Toxic Class Method (ATCM, TG 423),
and the Up-and-Down Procedure (UDP, TG 425). The proposed text would be
consistent with the text in the 13th revised edition of the UN Model
Regulations that was recently amended on the basis of a proposal from
the United States.
Section 173.136
We propose to add a new paragraph (d) to provide a grandfather
clause that will allow the shipment of materials classified as
corrosive to steel or aluminum under ASTM G 31-72.
Section 173.137
In paragraph (c)(2), we propose to eliminate the references to ASTM
G 31-72 as an acceptable test description and add a statement
indicating an acceptable test is prescribed in the Manual of Tests and
Criteria, Part III, Section 37.
Sections 173.150, 173.151, 173.152, 173.153 and 173.154
We are proposing to allow most Division 6.1, Packing Group II
materials to be transported as a limited quantities. For Packing Group
II materials, we are proposing to allow inner packagings not over 100
mL (3.38 ounces) each for liquids or 0.5 kg (1.1 pounds) each for
solids to be transported as a limited quantity. However, consistent
with the limited quantity authorization for Division 6.1, Packing Group
III, we are not proposing a labeling exception for these materials. We
are also not proposing to allow these materials to be shipped as a
consumer commodity. In addition, we propose to revise the limited
quantity sections for the other hazard classes of materials to take
into account materials with a subsidiary hazard of 6.1 Packing Group
II.
Section 173.185
In Sec. 173.185, we propose to amend paragraphs (c)(3) and (e)(3),
to specify that a cell, battery, lithium cell or battery and equipment
containing a cell, battery or lithium cell or battery that was
transported prior to the effective date of this rule and is of a type
proven to meet the criteria of Class 9 by testing, in accordance with
the tests prescribed in the UN Manual of Tests and Criteria, Third
Revised Edition, 1999 would not be required to be retested.
Section 173.186
In Sec. 173.186, in paragraph (e), we propose to amend the gross
weight for 4G outer packages authorized for the transportation of
strike-anywhere matches, to be consistent with the UN Model Regulations
by increasing the weight from 27 kg (60 pounds) to 30 kg (66 pounds).
Section 173.187
We propose to revise Sec. 173.187 to authorize certain solid
hazardous materials to be transported in DOT specification cylinders
other than Specification 8 and 3HT cylinders. This proposal would also
remove the need for DOT Exemption ``DOT-E 11548.''
Sections 173.211, 173.212, and 173.213
We propose to revise these sections to authorize certain solid
hazardous materials to be transported in DOT specification cylinders
other than Specification 8 and 3HT cylinders. This proposal would also
remove the need for DOT Exemption ``DOT-E 11548.''
Section 173.219
We propose to revise Sec. 173.219 for consistency with the UN
Model Regulations and the ICAO Technical Instructions. Included in the
proposed revision is an allowance for self-inflating life-saving
appliances to contain cartridges, power devices of Division 1.4S, for
purposes of the self-inflating mechanism. In addition, we propose to
provide an exception from regulation for life-saving appliances
containing only carbon dioxide cylinders not exceeding 100 cm\3\
capacity, provided they are overpacked in rigid outer packagings with a
maximum gross mass of 40 kg. Finally, the limitations currently found
in Special Provision 143 would be relocated to Sec. 173.219 (see
preamble discussion under Special Provision 143).
Section 173.220
Paragraph (b)(2) would be amended to harmonize the requirements for
transporting flammable gas powered vehicles by air with the
requirements of Packing Instruction 900 of the ICAO Technical
Instructions.
Section 173.224
Paragraph (b)(4) of this section would be amended to include the
new references for Sec. 173.225. The section reference to Sec.
173.225(e) for the authorization of bulk packagings would be replaced
with Sec. 173.225(f) for IBCs and Sec. 173.225(h) for other bulk
packagings.
Section 173.225
This section would be amended to update the Organic Peroxide Table
and eliminate special provisions IB52 and T23 from Sec. 172.102(c).
The purpose of the change is to consolidate the packaging requirements
for organic peroxides into one section and to have separate tables for
organic peroxides authorized for transport in non-bulk packagings,
IBCs, and bulk packagings other than IBCs. The proposed changes are as
follows:
Paragraph (a) would be revised by adding paragraphs (b) and (b)(6),
which state that bulk packagings may require a lower control
temperature than those specified for non-bulk packagings and that an
organic peroxide not identified in either the Organic Peroxide Table,
Organic Peroxide IBC Table, or Organic Peroxide Portable Tank Table
must be approved under Sec. 173.128(c).
Paragraph (b) would be revised to eliminate all IBC and other bulk
packaging authorizations from column 6 of the Organic Peroxide Table.
Various obsolete entries would also be removed.
[[Page 34733]]
The current paragraph (b), ``Organic Peroxide Table,'' would be moved
to paragraph (c) and the current paragraph (c), ``New organic
peroxides, formulations and samples,'' would be moved to paragraph (b).
In the notes following the Organic Peroxide Table we propose to:
Revise note 22 to indicate that ethylbenzene with greater
than or equal to 25% of dilutant type A would be acceptable.
Revise note 23 to indicate that methyl isobutyl keytone
with greater than or equal to 19% of dilutant type A would be
acceptable.
Add a new note 29 to identify materials which are not
included in the UN Model Regulations and note that a Competent
Authority approval is required for international transportation.
Remove Notes 9, 11, and 14 following the Organic Peroxide
Table.
In addition, The Packing Method Table found in paragraph (d), would be
revised by replacing the 200 kg maximum quantity for solids and
combination packagings listed in OP8 with a 400 kg maximum quantity.
Note 2, following the table, would be revised to allow 200 kg of solid
material per box and up to 400 kg of material per authorized
combination packaging. The note would also indicate that the outer
packaging must be a box (4Cl, 4C2, 4D, 4F, 4G, 4H1, and 4H2) and each
inner packaging must be of plastics or fiber with a maximum net mass of
25 kg. Paragraph (d)(3) would be clarified by revising the text to
state that the maximum content acceptable for glass receptacles used as
inner packagings of a combination packaging is 0.5 kg for solids or 0.5
L for liquids.
A new paragraph (e) would be added to include the new ``Organic
Peroxide IBC Table'' that replaces the current ``Table 2--Organic
Peroxide IBC Code (IB52)'' in Sec. 172.102(c)(4). The new table would
be revised to add an organic peroxide, ``Dicyclohexylperoxydicarbonate,
not more than 42% as a stable dispersion, in water.'' In addition, the
new Organic Peroxide IBC Table would identify, by technical name, those
organic peroxides authorized for transportation in the IBCs that are
specifically listed in the table.
A new paragraph (f) would be added to include the current IBC
requirements contained in paragraph (e)(5) of this section. Paragraph
(f) would also include requirements that are specific to organic
peroxides packaged in IBCs.
A new paragraph (g) would be added to include the new ``Organic
Peroxide Portable Tank Table,'' that replaces the current ``Portable
Tank Code T23'' found in Sec. 172.102(c)(7)(iii). The new table would
be identical to the current table except that for UN 3109, in the entry
for Pinanyl hydroperoxyde, 50% would be replaced by 56% and all
references to self-reactive materials would be removed. In addition,
the Organic Peroxide Portable Tank Table would provide certain portable
tank requirements and identify, by technical name, those organic
peroxides authorized for transportation in the bulk packagings listed
in the new paragraph (h).
The current paragraph (e) would be redesignated as paragraph (h).
Paragraph (h) would establish requirements that are specific to organic
peroxides packaged in certain bulk packagings. Additionally, the new
``Note to Paragraph (h)(3)(vi)'' would be revised to include changes
brought forth by petition for rulemaking P-1428. The petition proposed
to amend the current paragraph (e)(3)(vi) and allow for a second but
equally acceptable example of an emergency-relief device sizing method
to be added to the HMR. We are in agreement with the petitioner and are
proposing to add a statement to the new paragraph (h)(3)(vi) indicating
that an additional example of an emergency-relief device sizing method
can be found in the ``American Institute of Chemical Engineers Process
Safety Progress Journal, June 2002 issue (Vol. 21, No. 2)'' as
referenced in Sec. 171.7(b).
The proposed changes to this section would alter the order of the
paragraphs within this section and various citations would need to be
changed. Also, paragraphs referencing IB52 or TP23 would be revised to
indicate that those provisions no longer exist and the updated
requirements are found in paragraph (e) and (g), respectively.
Sections 173.226 and 173.227
We propose to revise the packaging requirements of Sec. Sec.
173.226 and 173.227 for materials poisonous by inhalation, Division
6.1, Packing Group I, Hazardous Zone A and Hazard Zone B. These
amendments would: Reduce the hydrostatic test pressure of the inner
drum in a drum-within-a-drum configuration authorized in Sec.
173.226(b); standardize the minimum thickness requirements of the inner
drums in the drum-within-a-drum configuration authorized in Sec. Sec.
173.226(b) and 173.227(b); clarify the test requirements for inner
packaging systems in Sec. 173.226(b)(2)(iv); and in Sec. 173.226(d)
add a provision to authorize transportation of PIH materials in single
packages when subjected to additional operational controls and approved
by the Associate Administrator for Hazardous Materials Safety. Section
173.226(c)(2) would be reformatted for ease of understanding. We would
also remove an expired transitional date from paragraph (a) that allows
the transport of welded cylinders filled before October 1, 2003 for the
purpose of reprocessing or disposal of cylinders's content until
December 31, 2003.
Section 173.249
Paragraph (c) would be revised to be consistent with the current
``Bromine'' entry in the Sec. 172.101 ``Hazardous Material Table''
that authorizes the use of a UN portable tank conforming to tank code
T22.
Sections 173.306 and 173.307
To add clarity to the HMR, the text currently found in Sec.
173.306(i) would be removed and replace with the text currently found
in Sec. 173.307(a)(5). Since Sec. 173.306 is devoted exclusively to
limited quantities of compressed gases, relocating Sec. 173.307(a)(5)
to Sec. 173.306 would make the exception easier to find.
Section 173.313
A new Sec. 173.313 would be added to serve as the new location for
the Portable Tank Code T50 Table. The table would be renamed ``UN
Portable Tank Table for Liquefied Compressed Gases.'' The table
provides the maximum allowable working pressures, bottom opening
requirements, pressure relief requirements and degree of filling
requirements for liquefied compressed gases permitted for transport in
portable tanks. The change would relocate these packaging requirements
to Part 173, which is a more appropriate location, and make the special
provisions less cumbersome. In addition, the new UN Portable Tank Table
for Liquefied Compressed Gases would be amended by revising the Column
3 heading to read ``Minimum design pressure (MAWP) (bar) * * *.'' The
values in column 3 are actually minimum values, however the title of
the column is misleading because it uses the term ``Maximum allowable
working pressure (bar) * * *.''
Section 173.315
In paragraph (a), the reference to ``portable tank provision T50 in
Sec. 172.102'' would be revised to read ``the UN Portable Tank Table
for Liquefied Compressed Gases in Sec. 173.313''.
[[Page 34734]]
Section 173.323
In this rule we are proposing to revise the combination packaging
authorizations for Ethylene Oxide to be consistent with the UN
Recommendations. Paragraphs (b)(1)-(b)(3) would be revised and
consolidated for consistency with current international requirements
for the transportation of ethylene oxide in combination packagings.
Paragraphs (b)(1)-(b)(3) provide the current authorizations for glass,
aluminum, and metal receptacles respectively. Amendments to this
section include (1) specifying a 2.5 kg limit per outer package and
removing the HMR limitation of 12 inner receptacles per outer package
currently applied to aluminum and other metal receptacles, (2) removing
the overpack restriction in (b)(2) which specifies a maximum of 10
boxes per overpack, (3) requiring a hot water bath test for all inner
receptacles, (4) removing the pressure relief device and burst pressure
requirements currently applied to metal receptacles, (5) applying the
same outer package authorizations consistently to all inner packaging
types and allowing any outer package authorized in Sec. 172.201(b),
and (6) requiring all inner packagings to be suitably cushioned (the
top and bottom pad and perimeter liner requirement currently only
applied to outer packages containing aluminum inner packagings would be
removed). Though we are eliminating the option to utilize certain
packaging authorizations for glass and aluminum inner packagings, we
believe that this proposal will present little or no economic impact on
the ethylene oxide industry because of the amount of materials that are
transported in international commerce. If comments are received that
contradict this understanding, RSPA may revise the final rule
accordingly.
Part 175
Section 175.10
Consistent with an amendment to the ICAO TI, we are proposing to
require that aerosol cans that are carried aboard an aircraft in
accordance with Sec. 175.10(a)(4) have their release devices protected
by a cap or other suitable means. In addition, the ICAO Dangerous Goods
Panel will convene a series of working groups to develop
recommendations for consideration during the 20th session of the
Dangerous Goods Panel to further review this issue. These
recommendations may lead to additional amendments to the ICAO TI.
Finally, we note that non-flammable gases (e.g., nitrogen) other than
carbon dioxide are used for the operation of mechanical limbs.
Consistent with an amendment to the ICAO TI, we are proposing to
provide an exception from the HMR for mechanical limbs that are powered
by any Division 2.2 gas.
Section 175.85
In Sec. 175.85, a new paragraph (j) would be added to specify the
cargo location of a package bearing the ``KEEP AWAY FROM HEAT''
handling marking.
Part 176
Section 176.2
Certain definitions would be revised. The definition for
``Explosive article'' and ``Explosive substance'' would be revised to
remove an incorrect reference. The definition for ``Magazine'' would be
revised to include a compartment in the vessel. The definition for
``Magazine'' would also be revised to specify vessel storage location
and accessibility. The term ``Transport unit'' would be revised to read
``Cargo transport unit'' to be consistent with Amendment 32 of the IMDG
Code. In addition, in the definition ``In containers or the like'' the
term ``transport unit'' would be removed and the term ``cargo transport
unit'' would be added in its place.
Section 176.27
In this section, the words ``transport unit'' would be replaced
with the words ``transport vehicle'' in each place they appear to be
consistent with the removal of the term ``transport unit'' from the
definitions in Sec. 176.2.
Section 176.63
Paragraph (e) would be revised to align the definition of ``Closed
cargo transport unit'' to be consistent with the definition in
Amendment 32 of the IMDG Code.
Section 176.76
Paragraph (i) would be revised to clarify that for container ships,
a distance equivalent to one container space athwartships (i.e., in the
direction of the breadth of the vessel) away from possible sources of
ignition applied in any direction would satisfy the requirement that a
cargo transport unit packed or loaded with flammable gas or flammable
liquid having a flashpoint below +23 [deg]C transported on deck be
stowed ``away from'' possible ignition sources. This would be
consistent with Amendment 32 of the IMDG Code. In addition, in
paragraphs (h) and (i), the words ``transport unit'' would be removed
and replaced with the words ``cargo transport unit'' in each place they
appear to be consistent with Amendment 32 of the IMDG.
Section 176.83
Paragraph (l) would be revised to correct an error pertaining to
the Segregation Table that set forth the general requirements for
segregation of containers on board hatchless container vessels. In
addition, throughout the section the words ``transport units'' would be
removed and replaced with the words ``cargo transport units'' in each
place they appear to be consistent with Amendment 32 of the IMDG. A new
paragraph (m) would be added to specify the provisions for segregation
groups.
Section 176.84
Paragraph (a) would be revised to specify the various chemical
groups listed in the segregation table. In the paragraph (b) Table of
Provision, we would add eleven new provisions (codes) for certain
stowage and segregation requirements for hazardous materials that are
transported by vessel. In addition, in paragraph (c)(2) Provisions for
the stowage of Class 1 (explosive) materials, we would revise three
notes. The terms ``separated from'' and ``away from'' in the codes are
defined in Sec. 176.83 of the HMR.
Code 133 would be added to the entries ``Barium chlorate
solution,'' UN3405; ``Barium perchlorate solution,'' UN3406; and
``Chlorate and magnesium chloride mixture solution,'' UN3407, that
requires the material to be stowed ``separated from'' sulfur.
Code 134 would be added to the entry ``Aluminum alkyl halides,
solid,'' UN3461, that requires the material to be stowed ``separated
from'' UN2716.
Code 135 would be added to the entries ``Methylamine, aqueous
solution,'' UN1235 and ``Trimethylamine, aqueous solutions,'' UN1297,
that requires the material to be stowed ``separated from'' mercury and
mercury compounds.
Code 136 would be added to the entry ``Tributylphosphane,'' UN3254,
that requires the material to be stowed ``separated from''
tetrachloride.
Code 137 would be added to the entries ``Arsenic compounds, liquid,
n.o.s.,'' UN1556 and ``Arsenic compounds, solid, n.o.s.,'' UN1557, that
requires arsenic sulphides to be stowed ``separated from'' acids.
Code 138 would be added to the entries for UN1448; UN1456; UN1479;
UN1482; UN1490; UN1503; UN1515; UN3085; UN3087; UN3098; UN3099; UN3139;
and UN3214, that requires the material to be stowed ``separated from''
peroxides.
[[Page 34735]]
Code 139 would be added to the entry ``1, 4-Butynediol,'' UN2716,
that requires the material to be stowed ``separated from'' mercury
salts.
Code 140 would be added to the entry ``1, 4-Butynediol,'' UN2716,
that requires the material to be stowed ``separated from'' UN3052 and
UN3461.
Code 141 would be added to the entries for UN1732; UN1755; UN1806;
UN1908; UN2433; UN2859; and UN2861, that requires the material to be
stowed ``away from'' radioactive materials.
Code 142 would be added to the entries for UN1748; UN2208; and UN
2880, that requires packages in cargo transport units to be stowed so
as to allow for adequate air circulation throughout the cargo.
Code 143 would be added to the entry for Organometallic Substance,
Liquid, Pyrophoric, UN3392, prohibiting transportation on any vessel
carrying explosives (except explosives in Division 1.4, Compatibility
group S.
Note 19E would be revised to specify that materials under entries
NA0331; UN0004; UN0222; UN0241; and UN0402 must be stowed ``away from''
explosives containing chlorates or perchlorates.
Note 22E would be revised to specify that materials under the entry
``Explosive, blasting, type C,'' must be stowed ``away from'' ammonium
compounds and explosives containing ammonium compounds or salts.
Note 23E would be revised to specify that materials under entries
UN0247; UN0395; UN0396; UN0397; UN0398; UN0399; UN0400; UN0449; and
UN0450 must be ``separated from'' Division 1.4 and ``separated
longitudinally by an intervening complete compartment or hold from''
Division 1.1, 1.2, 1.3, 1.5, and 1.6 except from explosives of
compatibility group J.
Section 176.116
In paragraph (c), the words ``transport units'' would be revised to
read ``cargo transport units.'' In addition, a new paragraph (f) would
be added to specify the under deck stowage requirements of Class 1
(explosive) materials allocated stowage categories 09 and 10.
Sections 176.122 and 176.124
Sections 176.122 and 176.124 would be removed and reserved.
Section 176.128
In Sec. 176.128, the section heading and section would be revised.
Section 176.132
Section 176.132 would be removed and reserved.
Section 176.133
Section 176.133 would be revised to clarify the construction and
stowage location requirements for magazine stowage type C.
Section 176.136
Section 176.136 would be revised to clarify the special stowage
requirements of Class 1 (explosive) materials. In addition, minor
editorial revisions would be made.
Section 176.138
Paragraph (a) would be removed and reserved to be consistent with
Amendment 32 of the IMDG Code. This paragraph currently requires Class
1 (explosive) material that is stowed on deck to be carried as close to
the vessel's centerline as practicable. (See also proposed change to
Sec. 176.170.)
Section 176.142
Paragraph (a) would be revised to remove ``Pyrophoric
organometallic compound, water-reactive, n.o.s.'' from the list of
liquid hazardous materials of extreme flammability that may not be
transported in a vessel carrying Class 1 (explosive) materials.
Additionally, we propose to add to the above list the following new
liquid entries:
``Organometallic substance, liquid, pyrophoric, UN3392''
``Organometallic substance , liquid, pyrophoric, water-reactive,
UN3394'' These proposed changes would be consistent with Amendment 32
of the IMDG Code.
Section 176.144
In this section, the words ``transport unit'' would be replaced
with the words ``cargo transport unit'' in each place they appear to be
consistent with the definition in Amendment 32 of the IMDG Code.
Additional notes would be added to Table 176.144(a)--``Authorized Mixed
Stowage For Explosives'' to address additional exceptions for mixed
stowage of Class 1 materials.
Section 176.146
In Sec. 176.146, in paragraph (d)(1), the wording ``transport
units'' would be revised to read ``cargo transport units''.
Section 176.168
In Sec. 176.168, in the title before the section heading, the
wording ``TRANSPORT UNITS AND SHIPBORNE BARGES'' would be revised to
read ``CARGO TRANSPORT UNITS AND SHIPBORNE BARGES''.
Section 176.170
A new paragraph (b) would be added to prohibit freight containers
loaded with Class 1 (explosive) materials, except for explosives in
Division 1.4, from being stowed in the outermost row of containers.
This proposed change would be consistent with Amendment 32 of the IMDG
Code.
Section 176.174
Paragraphs (a) and (b) would be revised to remove the references to
portable magazines. This proposed change would be consistent with
Amendment 32 of the IMDG Code.
Section 176.600
In Sec. 176.600, in paragraph (a), the wording ``closed transport
units'' would be revised to read ``closed cargo transport units''.
Part 178
Section 178.274
Paragraph (f)(v) would be revised to more clearly specify the rated
flow capacity marking required to be placed on every UN portable tank's
pressure relief device.
Section 178.275
Paragraph (i)(2) would be revised to more clearly specify the
combined delivery capacity of UN portable tank's pressure relief
systems.
Section 178.276
In paragraph (a)(4)(ii)(A), the reference to ``portable tank
special provision T50'' would be revised to read ``the UN Portable Tank
Table for Liquefied Compressed Gases in Sec. 173.313.''
In addition, paragraph (d), the reference to ``portable tank
special provision T50 in Sec. 172.102(c)(7)'' would be revised to read
``UN Portable Tank Table for Liquefied Compressed Gases in Sec.
173.313.'' Finally, in paragraph (e)(3), the reference to ``portable
tank special provision T50 in Sec. 172.102'' would be revised to read
``the UN Portable Tank Table for Liquefied Compressed Gases in Sec.
173.313.''
Section 178.602
Paragraph (b) would be revised to clarify the requirements
applicable to filling packaging other than bags in preparation for
testing.
Section 178.603
Paragraph (c) would be revised to add a definition indicating that
a minimum specific gravity for solutions of water and anti-freeze is
0.95 for testing at -18 [deg]C (0 [deg]F) or lower. Additionally, in
paragraph (e), we propose to specify the drop test height for liquids
in single packagings and for inner packagings of
[[Page 34736]]
combination packagings, when the test is performed in water.
Section 178.810
Paragraph (b)(3) would be revised to specify that water/anti-freeze
solutions with a minimum specific gravity of 0.95 for testing at -18
[deg]C (0 [deg]F) or lower are acceptable test liquids for use when
conducting IBC drop tests. This is consistent with our amendment to
Sec. 178.603(c)(1) regarding the testing of non-bulk packages. We are
also proposing to add a sentence to clarify that when conditioning is
required by Sec. 178.810(b), the conditioning specified in Sec.
178.802 (which requires a higher temperature) does not apply.
Part 180
Section 180.350
Paragraph (c) would be revised to expand the definition of routine
maintenance of IBCs to include flexible, plastic and textile IBCs.
Section 180.352
A new paragraph (d)(1)(v) would be added to this section. This
paragraph would state that retests and inspections performed under
paragraphs (d)(1)(i) and (ii) of this section may be used to satisfy
the tests and inspections required by paragraph (b) of this section.
This addition would incorporate changes made to the 12th revised
edition of the Transport of Dangerous Goods Model Regulations into the
HMR.
V. Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and, therefore, was
not reviewed by the Office of Management and Budget. This proposed rule
is not considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034). Benefits
resulting from the adoption of the amendments in this proposed rule
include enhanced transportation safety resulting from the consistency
of domestic and international hazard communications and continued
access to foreign markets by domestic shippers of hazardous materials.
This proposed rule applies to offerors and carriers of hazardous
materials, such as chemical manufacturers, chemical users and
suppliers, packaging manufacturers, distributors, battery
manufacturers, radiopharmaceutical companies, and training companies.
The majority of amendments in this proposed rule should result in
cost savings and ease the regulatory compliance burden for shippers
engaged in domestic and international commerce, including trans-border
shipments within North America. For example, cost savings will be
realized by shippers and carriers as a result of the following:
Eliminating the air eligibility marking requirement.
Amendments allowing numerous Class 3, PG II materials with a
Class 8 sub-risk and others to be transported as a limited quantity.
Allowing cylinders to be used for many more substances than
currently authorized.
Allowing salvage packagings to be used for non-conforming
packages; and generally minimizing differences between U.S. and
international hazardous materials transportation regulations.
We would authorize a delayed effective date and a one-year
transition period to allow for training of employees and to ease any
burden on entities affected by the amendments. The total net increase
in costs to businesses in implementing this rulemaking is considered to
be minimal and a preliminary regulatory evaluation is available for
review in the Docket.
B. Executive Order 13132
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). This proposed rule preempts State, local and Indian
tribe requirements but does not propose any regulation that has
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous; or
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This proposed rule addresses covered subject items (1), (2), (3),
and (5) above and would preempt State, local, and Indian tribe
requirements not meeting the ``substantively the same'' standard. This
proposed rule is necessary to incorporate changes adopted in
international standards, effective January 1, 2003. If the changes in
this proposed rule are not adopted in the HMR, U.S. companies,
including numerous small entities competing in foreign markets, would
be at an economic disadvantage. These companies would be forced to
comply with a dual system of regulations. The changes proposed in this
rulemaking are intended to avoid this result. Federal hazardous
materials transportation law provides at section 5125(b)(2) that, if
DOT issues a regulation concerning any of the covered subjects, DOT
must determine and publish in the Federal Register the effective date
of Federal preemption. The effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. We propose that the
effective date of Federal preemption be 90 days from the date of
publication of a final rule in the Federal Register.
C. Executive Order 13175
This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this proposed
rule does not have tribal implications, does not impose substantial
direct compliance costs, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule would serve to facilitate the transportation of hazardous
[[Page 34737]]
materials in international commerce by providing consistency with
international standards. This proposed rule applies to offerors and
carriers of hazardous materials, some of whom are small entities, such
as chemical users and suppliers, packaging manufacturers, distributors,
battery manufacturers, and training companies.
As discussed above, under Executive Order 12866, the majority of
amendments in this proposed rule should result in cost savings and ease
the regulatory compliance burden for shippers engaged in domestic and
international commerce, including trans-border shipments within North
America.
Many companies will realize economic benefits as a result of the
proposed amendments. If the changes proposed in this NPRM are not
adopted, U.S. companies, including small entities competing in foreign
markets, will be forced to comply with a dual system of regulations to
their economic disadvantage. Therefore, I certify that these proposed
amendments will not have a significant economic impact on a substantial
number of small entities. This certification is subject to modification
as a result of a review of comments received in response to this
proposed rulemaking.
This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
E. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, no person is required to
respond to a collection of information unless it displays a valid
Office of Management and Budget (OMB) control number. Section
1320.8(d), title 5, Code of Federal Regulations requires that RSPA
provide interested members of the public and affected agencies an
opportunity to comment on information collection and recordkeeping
requests. RSPA currently has two approved information collections
affecting this proposed rule: OMB Control Number 2137-0557, ``Approvals
for Hazardous Materials'' with 25,605 burden hours and $562,837.40
burden costs; and OMB Control Number 2137-0613, ``Subsidiary Hazard
Class & Number/Type of Packagings'' with 63,309 burden hours and
$216,705 burden costs.
There would be only minor editorial changes proposed under this
rule. However, there is no net increase in burden for OMB Control
Number 2137-0557 or OMB Control Number 2137-0613. We estimate that the
proposed total information collection and recordkeeping burden as
follows:
``Approvals for Hazardous Materials,'' OMB Number 2137-0557:
Total Annual Number of Respondents: 3,523.
Total Annual Responses: 3,874.8.
Total Annual Burden Hours: 25,605.
Total Annual Burden Cost: $562,837.40.
``Subsidiary Hazard Class & Number/Type of Packagings,'' OMB Number
2137-0613:
Total Annual Number of Respondents: 250,000.
Total Annual Responses: 6,337,500.
Total Annual Burden Hours: 17,604.
Total Annual Burden Cost: $216,705.
Total First Year Burden Hours: 45,705.
Total First Year Burden Cost: $1,115,992.
Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (DHM-10), Research and Special Programs
Administration, Room 8422, 400 Seventh Street, SW., Washington, DC
20590-0001, telephone (202) 366-8553. Written comments should be
addressed to the Dockets Unit identified in the ADDRESSES section of
this rulemaking. We should receive comments regarding information
collection burdens prior to the close of the comment period identified
in the DATES section of this rulemaking.
F. Regulatory Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
actionlisted in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
G. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
H. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. We developed an assessment to
determine the effects of these revisions on the environment and whether
a more comprehensive environmental impact statement may be required.
Our findings conclude that there are no significant environmental
impacts associated with this proposed rule. Consistency in the
regulations for the transportation of hazardous materials aids in the
shipper's understanding of what is required and permits shippers to
more easily comply with safety regulations and avoid the potential for
environmental damage or contamination. For interested parties, an
environmental assessment is available in the public docket.
I. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (volume 65, number 70;
pages 19477-78), or you may visit http://dms.dot.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials,
[[Page 34738]]
Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is proposed to
be amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
2. In Sec. 171.7, in the paragraph (a)(3) table, the following
changes are made:
a. Under the entry ``International Civil Aviation Organization
(ICAO),'' the existing entry is revised;
b. Under the entry ``International Maritime Organization (IMO),''
the entry ``International Maritime Dangerous Goods (IMDG) Code, 2002
Consolidated Edition, as amended by Amendment 31 (English edition)'' is
revised;
c. Under the entry ``United Nations,'' the entry ``UN
Recommendations on the Transport of Dangerous Goods, Twelfth Revised
Edition (2001)'' is revised;
d. Under the entry ``United Nations,'' the entry ``UN
Recommendations on the Transport of Dangerous Goods, Manual of Tests
and Criteria, Third Revised Edition (1999)'' is revised; and
e. In Paragraph (b), under the entry ``The Society of the Plastics
Industry, Inc., Organic Peroxide Producers Safety Division, 1275 K
Street NW., Suite 400, Washington, DC 20005,'' the entry ``Example of a
Test Method for Venting Sizing: OPPSD/SPI Methodology'' would be added.
The revisions and additions would read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference.* * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
International Civil Aviation Organization
(ICAO),
* * * * * * *
Technical Instructions for the Safe Transport 171.11; 172.202; 172.323;
of Dangerous Goods by Air (ICAO Technical 172.401; 172.512;
Instructions), 2005-2006 Edition. 172.602.
International Maritime Organization (IMO),
* * * * * * *
International Maritime Dangerous Goods Code 171.12; 172.401; 172.502;
(IMDG Code), as amended by Amendment 32 173.21; 176.2; 176.5;
(English Edition). 176.11; 176.27; 176.30.
* * * * * * *
United Nations,
* * * * * * *
UN Recommendations on the Transport of 172.401; 172.407;
Dangerous Goods, Thirteenth Revised Edition 172.502; 173.24.
(2002).
UN Recommendations on the Transport of 172.102; 173.21; 173.56;
Dangerous Goods, Manual of Tests and 173.57; 173.124;
Criteria, Fourth Revised Edition, (2003). 173.128; 173.166;
173.185.
* * * * * * *
------------------------------------------------------------------------
(b) List of informational materials not requiring incorporation by
reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
The Society of the Plastics Industry, Inc.,
Organic Peroxide Producers Safety Division,
1275 K Street NW., Suite 400, Washington,
D.C. 20005.
Example of a Test Method for Venting Sizing: Note to
OPPSD/SPI Methodology. 173.225(h)(3)(vi).
* * * * * * *
------------------------------------------------------------------------
3. In Sec. 171.8, the definition for ``Salvage packaging'' is
revised to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Salvage packaging means a special packaging conforming to Sec.
173.3 of this subchapter into which damaged, defective, leaking, or
non-conforming hazardous materials packages, or hazardous materials
that have spilled or leaked, are placed for purposes of transport for
recovery or disposal.
* * * * *
4. In Sec. 171.11, paragraphs (d)(15) and (d)(17) are revised to
read as follows:
[[Page 34739]]
Sec. 171.11 Use of ICAO Technical Instructions.
* * * * *
(d) * * *
(15) A chemical oxygen generator, including when fitted in
protective breathing equipment or other apparatus, is forbidden for
transportation aboard a passenger-carrying aircraft and must be
approved, classed, described and packaged in accordance with the
requirements of this subchapter for transportation on cargo-only
aircraft. A chemical oxygen generator that has been used or spent is
also forbidden for transportation on aircraft.
* * * * *
(17) A self-reactive substance that is not identified by technical
name in the Self-reactive Materials Table in Sec. 173.224(b) of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.124(a)(2)(iii) of this
subchapter. An organic peroxide that is not identified by a technical
name in any of the organic peroxide tables found in Sec. 173.225 of
this subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.128(d) of this
subchapter.
5. In Sec. 171.12, paragraph (b)(20) is revised to read as
follows:
Sec. 171.12 Import and export shipments.
* * * * *
(b) * * *
(20) A self-reactive substance that is not identified by technical
name in the Self-Reactive Materials Table in Sec. 173.224(b) of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.124(a)(2)(iii) of this
subchapter. An organic peroxide that is not identified by a technical
name in any of the organic peroxide tables found in Sec. 173.225 of
this subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.128(d) of this
subchapter.
* * * * *
6. In Sec. 171.12a, paragraphs (a), (b)(9), and (b)(18) are
revised to read as follows:
Sec. 171.12a Canadian shipments and packagings.
(a) Scope and applicability. This section sets forth provisions for
the transportation by rail or highway of shipments of hazardous
materials which conform to the regulations of the Government of Canada
but which may differ from the requirements of this subchapter with
regard to hazard communication, classification or packaging. Except as
provided in paragraph (b)(5)(iv) of this section, the provisions apply
only to shipments which originate in Canada and either terminate in the
U.S. or transit the U.S. to a Canadian or foreign destination, and to
the return to Canada of bulk packagings that meet the requirements of a
DOT or UN Specification and other bulk packagings containing only
residues of hazardous materials that were originally imported into the
U.S. Reciprocal provisions, applicable to exports from the U.S., appear
in the regulations of the Government of Canada.
(b) * * *
(9) For hazardous waste as defined in this subchapter--
(i) The word ``Waste'' must precede the proper shipping name on
shipping papers and packages; and
(ii) The requirements of Sec. 172.204 of this subchapter with
respect to the shippers certification and Sec. 172.205 of this
subchapter with respect to hazardous waste manifests are applicable;
* * * * *
(18) A self-reactive substance that is not identified by technical
name in the Self-reactive Materials Table in Sec. 173.224(b) of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.124(a)(2)(iii) of this
subchapter. An organic peroxide that is not identified by a technical
name in any of the organic peroxide tables found in Sec. 173.225 of
this subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.128(d) of this
subchapter.
* * * * *
7. In Sec. 171.14, paragraphs (d) introductory text, (d)(1), and
(d)(2) introductory text are revised to read as follows:
Sec. 171.14 Transitional provisions for implementing certain
requirements.
* * * * *
(d) A final rule published in the Federal Register on [INSERT
PUBLICATION DATE OF FINAL RULE], effective October 1, 2004, resulted in
revisions to this subchapter. During the transition period, until
January 1, 2006, as provided in paragraph (d)(1) of this section, a
person may elect to comply with either the applicable requirements of
this subchapter in effect on December 31, 2005, or the requirements
published in the [INSERT PUBLICATION DATE OF FINAL RULE] final rule.
(1) Transition dates. The effective date of the final rule
published on [INSERT PUBLICATION DATE OF FINAL RULE] is October 1,
2004. A delayed compliance date of January 1, 2006 is authorized. On
and after January 1, 2006, all applicable regulatory requirements
adopted in the final rule in effect on October 1, 2004 must be met.
(2) Intermixing old and new requirements. Marking, labeling,
placarding, and shipping paper descriptions must conform to either the
old requirements of this subchapter in effect on September 30, 2004, or
the new requirements of this subchapter in the final rule without
intermixing communication elements, except that intermixing is
permitted, during the applicable transition period, for packaging,
hazard communication, and handling provisions, as follows:
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
8. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
9. In Sec. 172.101, the following amendments are made:
a. paragraph (c)(11) is revised;
b. paragraph (d)(4) is revised;
c. paragraph (i)(3) is revised;
d. Hazardous Materials Table is revised as set forth below:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(c) * * *
(11) Except for a material subject to or prohibited by Sec.
173.21, 173.54, 173.56(d), 173.56(e), 173.224(c) or 173.225(b) of this
subchapter, a material that is considered to be a hazardous waste or a
sample of a material for which the hazard class is uncertain and must
be determined by testing may be assigned a tentative proper shipping
name, hazard class, identification number and packing group, if
applicable, based on the shipper's tentative determination according
to:
(i) Defining criteria in this subchapter;
(ii) The hazard precedence prescribed in Sec. 173.2a of this
subchapter;
(iii) The shipper's knowledge of the material;
(iv) In addition to paragraphs (c)(11)(i) through (iii) of this
section, for a sample of a material other than a waste, the following
must be met:
(A) Except when the word ``Sample'' already appears in the proper
shipping
[[Page 34740]]
name, the word ``Sample'' must appear as part of the proper shipping
name or in association with the basic description on the shipping
paper.
(B) When the proper shipping description for a sample is assigned a
``G'' in Column (1) of the Sec. 172.101 Table, and the primary
constituent(s) for which the tentative classification is based are not
known, the provisions requiring a technical name for the constituent(s)
do not apply; and
(C) A sample must be transported in a combination packaging that
conforms to the requirements of this subchapter that are applicable to
the tentative packing group assigned, and may not exceed a net mass of
2.5 kg (5.5 pounds) per package.
Note to Paragraph (c)(11): For the transportation of self-
reactive, organic peroxide and explosive samples, see Sec. Sec.
173.224(c)(3), 173.225(b)(2) and 173.56(d) of this subchapter,
respectively.
* * * * *
(d) * * *
(4) When an entry in this column reads ``Comb liq'', the material
is assigned to the hazard class ``Combustible liquid.'' Additionally,
each reference to a Class 3 material is modified to read ``Combustible
liquid'' when that material is reclassified in accordance with Sec.
173.150 (e) or (f) of this subchapter or has a flash point above 60.5
[deg]C (141 [deg]F) but below 93 [deg]C (200 [deg]F).
* * * * *
(i) * * *
(3) Bulk packaging. Column 8C specifies the section in part 173 of
this subchapter that prescribes packaging requirements for bulk
packagings, subject to the limitations, requirements and additional
authorizations of Column 7. A ``None'' in this column means bulk
packagings are not authorized, except as may be provided by special
provisions in Column 7. Additional authorizations and limitations for
use of UN portable tanks are set forth in Column 7. For each reference
in this column to a material that is a hazardous waste or a hazardous
substance, and whose proper shipping name is preceded in Column 1 of
the Table by the letter ``A'' or ``W'' and that is offered for
transportation or transported by a mode in which its transportation is
not otherwise subject to the requirements of this subchapter:
* * * * *
[[Page 34741]]
Sec. 172.101 Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) Packaging (Sec. 173.***) (9) Quantity (10) Vessel
--------------------------------------- limitations stowage
Hazardous materials Hazard Identification Label Special ----------------------------------------------
Symbols descriptions and proper class or Numbers PG Codes provisions (Sec. Passenger
shipping names Division 172.102) Exceptions Non-bulk Bulk aircraft/ Cargo air- Location Other
rail craft only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2)........................ (3) (4) (5) (6)...... (7) (8A)......... (8B)...... (8C)...... (9A) (9B) (10A) (10B)
--------
Accellerene, see p- ........... ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
Nitrosodimethylaniline.
Accumulators, electric, see ........... ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
Batteries, wet etc.
Accumulators, pressurized, ........... ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
pneumatic or hydraulic
(containing non-flamable
gas), see Articles
pressurized, pneumatic or
hydraulic (containing non-
flamable gas).
Acetal..................... 3 UN1088 II 3........ IB2, T4, TP1 150.......... 202....... 242....... 5 L 60 L E .......
Acetaldehyde............... 3 UN1089 I 3........ A3, B16, T11, None......... 201....... 243....... Forbidden 30 L E .......
TP2, TP7
A Acetaldehyde ammonia....... 9 UN1841 III 9........ IB8, IP3, IP7, 155.......... 204....... 240....... 200 kg 200 kg A 34
T1, TP33
Acetaldehyde oxime......... 3 UN2332 III 3........ B1, IB3, T4, TP1 150.......... 203....... 242....... 60 L 220 L A .......
Acetic acid, glacial or 8 UN2789 II 8, 3..... A3, A6, A7, A10, 154.......... 202....... 243....... 1 L 30 L A .......
Acetic acid solution, with B2, IB2, T7, TP2
more than 80 percent acid,
by mass.
Acetic acid solution, not 8 UN2790 II 8........ A3, A6, A7, A10, 154.......... 202....... 242....... 1 L 30 L A .......
less than 50 percent but B2, IB2, T7, TP2
not more than 80 percent
acid, by mass.
Acetic acid solution, with 8 UN2790 III 8........ IB3, T4, TP1 154.......... 203....... 242....... 5 L 60 L A .......
more than 10 percent and
less than 50 percent acid,
by mass.
Acetic anhydride........... 8 UN1715 II 8, 3..... A3, A6, A7, A10, 154.......... 202....... 243....... 1 L 30 L A 40
B2, IB2, T7, TP2
Acetone.................... 3 UN1090 II 3........ IB2, T4, TP1 150.......... 202....... 242....... 5 L 60 L B .......
Acetone cyanohydrin, 6.1 UN1541 I 6.1...... 2, B9, B14, B32, None......... 227....... 244....... Forbidden Forbidden D 25, 40,
stabilized. B76, B77, N34, 52, 53
T20, TP2, TP13,
TP38, TP45
Acetone oils............... 3 UN1091 II 3........ IB2, T4, TP1, 150.......... 202....... 242....... 5 L 60 L B .......
TP8
Acetonitrile............... 3 UN1648 II 3........ IB2, T7, TP2 150.......... 202....... 242....... 5 L 60 L B 40
Acetyl acetone peroxide Forbidden ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
with more than 9 percent
by mass active oxygen.
Acetyl benzoyl peroxide, Forbidden ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
solid, or with more than
40 percent in solution.
Acetyl bromide............. 8 UN1716 II 8........ B2, IB2, T8, 154.......... 202....... 242....... 1 L 30 L C 40
TP2, TP12
Acetyl chloride............ 3 UN1717 II 3, 8..... A3, A6, A7, IB1, 150.......... 202....... 243....... 1 L 5 L B 40
N34, T8, TP2,
TP12
Acetyl cyclohexanesulfonyl Forbidden ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
peroxide, with more than
82 percent wetted with
less than 12 percent water.
Acetyl iodide.............. 8 UN1898 II 8........ B2, IB2, T7, 154.......... 202....... 242....... 1 L 30 L C 40
TP2, TP13
Acetyl methyl carbinol..... 3 UN2621 III 3........ B1, IB3, T2, TP1 150.......... 203....... 242....... 60 L 220 L A .......
Acetyl peroxide, solid, or Forbidden ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
with more than 25 percent
in solution.
Acetylene, dissolved....... 2.1 UN1001 ....... 2.1...... ................ None......... 303....... None...... Forbidden 15 kg D 25, 40,
57
Acetylene (liquefied)...... Forbidden ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
Acetylene silver nitrate... Forbidden ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
Acetylene tetrabromide, see ........... ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
Tetrabromoethane.
Acid butyl phosphate, see ........... ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
Butyl acid phosphate.
Acid, sludge, see Sludge ........... ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
acid.
Acridine................... 6.1 UN2713 III 6.1...... IB8, IP3, T1, 153.......... 213....... 240....... 100 kg 200 kg A .......
TP33
Acrolein dimer, stabilized. 3 UN2607 III 3........ B1, IB3, T2, TP1 150.......... 203....... 242....... 60 L 220 L A 40
Acrolein, stabilized....... 6.1 UN1092 I 6.1, 3... 1, B9, B14, B30, None......... 226....... 244....... Forbidden Forbidden D 40
B42, B72, B77,
T22, TP2, TP7,
TP13, TP38, TP44
Acrylamide, solid.......... 6.1 UN2074 III 6.1...... IB8, IP3, T1, 153.......... 213....... 240....... 100 kg 200 kg A 12
TP33
Acrylamide solution........ 6.1 UN3426 III 6.1...... IB3, T4, TP1 153.......... 203....... 241....... 60 L 220 L A 12
Acrylic acid, stabilized... 8 UN2218 II 8, 3..... B2, IB2, T7, TP2 154.......... 202....... 243....... 1 L 30 L C 25, 40
Acrylonitrile, stabilized.. 3 UN1093 I 3, 6.1... B9, T14, TP2, None......... 201....... 243....... Forbidden 30 L E 40
TP13
Actuating cartridge, ........... ................. ....... ......... ................ ............. .......... .......... ........... ........... .......... .......
explosive, see Cartridges,
power device.
Adhesives, containing a 3 UN1133 I 3........ B42, T11, TP1, 150.......... 201....... 143....... 1 L 30 L B .......
flammable liquid. TP8, TP27
........................... ........... ................. II 3........ 149, B52, IB2, 150.......... 173....... 242....... 5 L 60 L B .......
T4, TP1, TP8
[[Page 34742]]
........................... ........... ................. III 3........ B1, B52, IB3, 150.......... 173....... 242....... 60 L 220 L A .......
T2, TP1
Adiponitrile............... 6.1 UN2205 III 6.1...... IB3, T3, TP1 153.......... 203....... 241....... 60 L 220 L A .......
Aerosols, corrosive, 2.2 UN1950 ....... 2.2, 8... 153, A34 306.......... None...... None...... 75 kg 150 kg A 48, 87,
Packing Group II or III, 126
(each not exceeding 1 L
capacity).
Aerosols, flammable, (each 2.1 UN1950 ....... 2.1...... 153, N82 306.......... None...... None...... 75 kg 150 kg A 48, 87,
not exceeding 1 L 126
capacity).
Aerosols, flammable, n.o.s. 2.1 UN1950 ....... 2.1...... 153, N82 306.......... 304....... None...... Forbidden 150 kg A 48, 87,
(engine starting fluid) 126
(each not exceeding 1 L
capacity).
Aerosols, non-flammable, 2.2 UN1950 ....... 2.2...... 153 306, 307..... None...... None...... 75 kg 150 kg A 48, 87,
(each not exceeding 1 L 126
capacity).
Aerosols, poison, each not 2.2 UN1950