[Federal Register: June 22, 2004 (Volume 69, Number 119)]
[Rules and Regulations]
[Page 34604-34612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn04-28]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, and 178
[Docket No. RSPA-2003-13658 (HM-215E)]
RIN 2137-AD94
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: Final rule; response to appeals and corrections.
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SUMMARY: On July 31, 2003, RSPA published a final rule under Docket
Number RSPA-2002-13658 (HM-215E) amending the Hazardous Materials
Regulations (HMR) based on corresponding provisions of international
standards. The revisions were made to facilitate the transportation of
hazardous materials in international commerce. In response to appeals
submitted by persons affected by the July 31, 2003 final rule, this
final rule amends certain requirements. This final rule also corrects
errors in the July 31, 2003 final rule.
DATES: Effective Date: June 22, 2004.
Delayed Compliance Date: October 1, 2004.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous
Materials Standards, (202) 366-8553, or Shane Kelley, International
Standards, (202) 366-0656, Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On July 31, 2003, the Research and Special Programs Administration
(RSPA, we) published a final rule under Docket HM-215E (68 FR 44992)
revising the HMR to maintain alignment with recent changes to
corresponding provisions in international standards. 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) necessitated amendments to
domestic regulations to provide consistency and facilitate the
transport of hazardous materials in international commerce. This final
rule responds to five appeals and certain comments concerning
amendments in the July 31, 2003 final rule. This rulemaking also
corrects various errors made during the development of the rule and the
printing process. Because the amendments adopted herein impose no new
regulatory burden on any person, these amendments are being made
effective without the usual 30-day delay following publication.
II. Discussion and Resolution of Appeals
Five organizations submitted appeals to the July 31, 2003 final
rule. The appellants are the American Trucking Associations (ATA), Arch
Chemicals, Inc., Argonne National Laboratory (Argonne), Geo Specialty
Chemicals (GEO), and the Truckload Carriers Association (TCA).
``Hydrazine aqueous solution, UN2030,'' Sec. 172.101,
Hazardous Materials Table (HMT).
In the July 31, 2003 final rule, we revised the HMT entry
``Hydrazine, aqueous solution, with more than 37% hydrazine, by mass,''
UN2030 by adding Packing Group I and III entries to the previously
existing Packing Group II entry. In addition, the Packing Group II
special provisions in Column (7) were revised. During the printing
process, the bulk special provisions, with the exception of Special
Provision 151, were inadvertently omitted in the HMT, in both the NPRM
and the final rule. After publication of the final rule, the error was
brought to our attention through an appeal submitted by Arch Chemicals.
The appellant requested the addition of the following special
provisions for ``Hydrazine, aqueous solution, with more than 37%
hydrazine, by mass,'' UN2030: Packing Group I, B16, B53, T10, TP2,
TP13; Packing Group II, B16, B53, IB2, T7, TP2, TP13; and Packing Group
III, B16, B53, IB3, T4, TP1. We agree with the appellant, and these
printing omissions are being corrected in this final rule.
Arch Chemicals also requested that we submit a position paper to
the UN Transport of Dangerous Goods Sub-Committee requesting revision
of the UN Recommendations to align the T Codes assigned to ``Hydrazine,
aqueous solution,'' UN2030 with the HMR T Codes. We submitted a
position paper for consideration at the 24th session to amend the T
codes as adopted in this final rule; however, a decision on the paper
was deferred until the 25th session, which will be held in July 2004.
Packaging Type Indication on Shipping Papers, Sec.
172.202. In the July 31, 2003 final rule, we revised Sec.
172.202(a)(6) by requiring the packaging type to be indicated on
shipping papers by either the generic type (for example, ``drum'') or
the specification number type (for example, ``UN 1A1''). We received
appeals from ATA and TCA requesting that we revise this amendment by
requiring the generic packaging type to be mandatory for indication on
shipping papers and for the specification number packaging type to be
optionally included in parentheses following the generic packaging
type. For example, ``4 drums'' or ``4 drums (UN1A1).'' The Dangerous
Goods Advisory Council (DGAC) also submitted a comment supporting this
requested revision.
The appellants state that the additional training that would be
required to teach drivers to recognize specification number types would
be costly and not practicable for the trucking industry and that the
specification number types are not as easily recognizable as the
generic type descriptions.
In developing the final rule, our intent was to provide flexibility
by authorizing the use of either type of packaging description. We did
not intend to impose additional burdens for training employees to
recognize the specification numbers for the types of packagings. After
reviewing this information, we agree with the appellants and conclude
that the more easily recognizable generic type descriptions are also
valuable to emergency responders who may not be familiar with packaging
specification numbers. We are not, however, specifying that the
specification number packaging type must be in parentheses following
the generic description as requested by the appellants. To provide for
flexibility and for persons who are currently including the
specification number without the parentheses, we are providing for the
specification number to be included in the description without imposing
a format (for example, ``12 drums,'' ``12 1H1 drums,'' or ``12 drums
(1H1).'' Based on the merits of the information brought to our
attention
[[Page 34605]]
through the appeals, we are revising paragraph (a)(6) to require a
generic packaging type on shipping papers and to allow the
specification number packaging type to be included in the description.
Dicumyl Peroxide, Sec. Sec. 172.102 and 173.225.
We received an appeal from GEO requesting revisions to the Dicumyl
peroxide, UN3110 entries in the Sec. 172.102 Special Provision IB52
Table and the Sec. 173.225 Organic Peroxide Table. In the Special
Provision IB52 Table, the appellant requested that we add the
previously authorized rigid plastic (31H1) and composite (31HA1)
intermediate bulk containers (IBCs). The two types of IBCs were
contained in Special Provision IB52, but were inadvertently omitted
during the printing of the final rule. We are making the correction as
requested.
In the Sec. 173.225 Organic Peroxide Table, GEO questioned the
accuracy of the Diluent B column entry, ``< =48,'' and suggested that it
belonged in the Diluent I column for inert solids. We agree and are
correcting the error as requested.
Lithium Batteries and Cells, Sec. 173.185.
We received an appeal from Argonne requesting a revision to Sec.
173.185 to clarify that, except for passenger-carrying aircraft, large
batteries packaged in accordance with paragraph (k) in that section may
be transported by all other modes of transportation, and that for
transport by cargo aircraft, the packaging must be approved by the
Associate Administrator. The appellant stated that the wording of the
last sentence in paragraph (k) appears to limit the packaging
provisions to use by cargo aircraft only and fails to provide for use
by highway, rail or vessel. We agree that the sentence is incorrect and
are editorially revising the paragraph as requested.
III. Corrections and Revisions
Part 171
Section 171.14. Paragraphs (d), (d)(1), and (d)(6) are revised as
follows:
Paragraphs (d) and (d)(1) are revised to reflect the
publication of the amendments in this final rule.
Paragraph (d)(6) is revised to clarify that it is the
requirement in Sec. 172.202(a)(6) specific to the number and type of
packages on shipping papers that will become mandatory on October 1,
2007. In the July 31, 2003 final rule, we referred to the correct
paragraph (a)(6), but used the wording ``total quantity,'' which was in
error.
Part 172
Section 172.101 Hazardous Materials Table (HMT). We are correcting
entries in the HMT as follows:
The entry ``Air bag inflators, or Air bag modules, or
Seat-belt pretensioners,'' UN3268 is revised by correcting the Column
(7) Special Provision entry ``166'' to read ``160,'' as discussed in
the preamble in the July 31, 2003 final rule.
The entry ``N,N-Dimethylcyclo-hexylamine,'' UN2264 is
corrected to read ``N,N-Dimethylcyclohexylamine.'' The correction
appears as a ``Remove/Add'' in this rulemaking.
The entry ``Ethylene,'' UN1962 is revised to correctly
align Columns (7) through (10B).
The entry ``Hydrazine, aqueous solution, with more than
37% hydrazine, by mass,'' UN2030 is corrected by adding the bulk
special provisions for the three Packing Group entries. See the
preamble discussion under ``Discussion and Resolution of Appeals'' in
this final rule.
For the Packing Group I entry for ``Hydrocarbons, liquid,
n.o.s,'' UN3295, Column (7) is corrected by adding Special Provision
144. During the printing process ``144'' was inadvertently omitted.
Special Provision 144 was added to the entry in a final rule published
April 18, 2003, under RSPA Docket No. 98-3554 (HM-213) (68 FR 19275).
For the entry ``Organophosphorus compound, toxic,
flammable, n.o.s.,'' UN3279, Columns (9A) and (9B) are corrected to
read ``1 L'' and ``30 L,'' respectively. The typographical errors in
the two quantity limitations occurred during the printing process.
The entry ``Self-reactive liquid type F,'' UN3229 is
revised by correcting the Column (8B) non-bulk packaging authorization
section number ``114'' to read ``224.''
The entry ``1,1,1-Trifluoroethane, compressed or
Refrigerant gas, R143a,'' UN2035 is corrected by removing the word
``compressed.'' The correction appears as a ``Remove/Add'' in this
rulemaking. In the July 31, 2003 final rule (page 44995 of the Federal
Register), we revised certain proper shipping names for compressed and
liquefied gases that were incorporated into the Twelfth Edition of the
UN Recommendations and during the process we overlooked ``1,1,1-
Trifluoroethane.'' For additional preamble discussion see Sec. 173.115
(page 45004) of the July 31, 2003 Federal Register. Additionally, see
Sec. 171.14(d)(5) (page 44994) for continued use authorization for
including the word ``compressed'' until October 1, 2007.
Section 172.102, Special Provisions 15, 132 and IB52. We are making
corrections to Special Provisions 15 and 132, and to the Special
Provision IB52 Table.
In the July 31, 2003 final rule, we revised Special Provision 15
for consistency with packagings authorized for limited quantity
exceptions. The special provision is assigned to ``Chemical kits,''
UN3316 and ``First aid kits,'' UN3316. We also relocated the authorized
packagings to Sec. 173.161. After publication of the final rule, we
received comments that the third and fourth sentences in the special
provision conflict with the provisions in Sec. 173.161. We agree that
the sentences are in error and are removing them in this final rule.
In the July 31, 2003 final rule, we revised Special Provision 132
by adding the criteria for use of the special provision. In a
subsequent minor editorial final rule (HM-189U) published on December
31, 2003, the special provision text in effect prior to the July 31,
2003 final rule was inadvertently added back into the regulatory text.
We are correcting the error by reinstating the special provision as
printed in the July 31, 2003 final rule.
For discussion regarding Special Provision IB52, see the preamble
discussion on Dicumyl peroxide under ``Discussion and Resolution of
Appeals'' in this final rule.
Section 172.202(a)(2). We revised paragraph (a)(2) in the July 31,
2003 final rule to require the subsidiary hazard class(es) or
subsidiary division number(s) to be entered in parentheses following
the primary hazard class or division number on shipping papers. The
provision authorizing the hazard class names (for example,
``oxidizer'') to be entered following the numerical hazard class or
following the basic description was removed. We received a comment from
Wilbur-Ellis requesting that we reinstate the provision as an option.
Wilbur-Ellis stated that the hazard class names are valuable from a
safety perspective because they more easily identify the hazard of the
material for certain emergency response personnel. We agree and, with
the addition of new paragraph (a)(2)(iii) and minor reformatting of
paragraph (a)(2), we are reinstating the provision into the HMR as an
option for domestic transport.
Section 172.202(a)(6). See earlier preamble discussion on packaging
type indication on shipping papers under ``Discussion and Resolution of
Appeals'' in this final rule.
[[Page 34606]]
Part 173
Section 173.185. See earlier preamble discussion on lithium
batteries and cells, under ``Discussion and Resolution of Appeals'' in
this final rule.
Section 173.225. See earlier preamble discussion on Dicumyl
peroxide under ``Discussion and Resolution of Appeals'' in this final
rule.
Part 178
In the July 31, 2003 final rule, we revised paragraph (c)(1)(ii) to
clarify the information that the packaging manufacturer and each
subsequent distributor are required to provide to packaging users.
After publication of the final rule, we received a comment from DGAC
requesting the removal of references to Sec. Sec. 173.24 and 173.27.
DGAC stated that the revision imposes an unreasonable and impossible
burden on packaging manufacturers by requiring them to ensure that the
packaging meets the general requirements in Sec. Sec. 173.24 and
173.27. DGAC stated that such requirements are the responsibility of
the offeror as stated in Sec. Sec. 173.24 and 173.27. Upon further
consideration, we agree that the references to Sec. Sec. 173.24 and
173.27 may impose an unintended and unwarranted burden on the packaging
manufacturer and imply that responsibility for compliance with the
requirements of these sections rests with the packaging manufacturer
rather than the shipper. The requirements in Sec. Sec. 173.24, 173.24a
and 173.27 are the responsibility of the shipper. A package that meets
the performance requirements of Part 178 does not necessarily meet the
general requirements of Part 173. The shipper must undertake additional
steps to ensure that a hazardous material packaging that is purchased
from a packaging manufacturer meets all of the applicable requirements.
Therefore, on our own initiative we are removing the phrase ``and the
general packaging requirements in Sec. Sec. 173.24 and 173.27 of this
subchapter'' from the paragraph. To the extent that a packaging
manufacturer represents a packaging as meeting a requirement of Sec.
173.24, Sec. 173.27, or any other provision of the HMR, it should be
noted that under the provisions of Sec. 171.2(c), the packaging
manufacturer is held responsible for any misrepresentation.
Additionally, we are retaining the last sentence which makes
reference to the pressure differential requirements in Sec. 173.27. As
discussed in the July 31, 2003 final rule, we agree that the shipper
must determine that the package is suitable for the intended hazardous
material to be transported; however, the requirement for the
manufacturer to provide guidance to assist the shipper in ensuring that
the packaging meets the relevant air transport pressure differential
requirement is not beyond the capability of the packaging manufacturer
(see preamble discussion on page 45007 of the July 31, 2003 final
rule).
V. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This final rule is a non-significant
rule under the Regulatory Policies and Procedures of the Department of
Transportation [44 FR 11034]. The revisions adopted in this final rule
do not alter the cost-benefit analysis and conclusions contained in the
Regulatory Evaluation prepared for the July 31, 2003 final rule. The
Regulatory Evaluation is available for review in the public docket for
this rulemaking.
B. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
rulemaking 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 final rule addresses covered subject items (1), (2), and (3)
above and would preempt State, local, and Indian tribe requirements not
meeting the ``substantively the same'' standard. 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 this final rule and not
later than two years after the date of issuance. The effective date of
Federal preemption is September 20, 2004.
C. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, 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
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule applies to offerors and carriers of hazardous materials,
some of whom are small entities, such as chemical users and suppliers,
packaging manufacturers, distributors, and battery manufacturers. Based
on comments and appeals to the July 31, 2003 final rule that we
received from industry and associations representing large and small
entities, this final rule revises certain requirements in the HMR to
correct or clarify provisions, and is generally intended to provide
relief to shippers, carriers and packaging manufacturers, including
small entities. Therefore, I certify that these amendments will not
have a significant economic impact on a substantial number of small
entities.
Need for the final rule. This final rule addresses appeals to a
final rule published July 31, 2003, which harmonized certain
requirements in the HMR with recently adopted
[[Page 34607]]
international transportation standards. RPSA's rulemaking procedures
permit affected persons to appeal agency final rules if compliance with
the final rule is not practical, reasonable, or in the public interest.
49 CFR 106.115.
Description of Actions. In this final rule, we are correcting a
number of the provisions adopted in the July 31, 2003 final rule. The
corrections are necessary to address inadvertent errors and omissions
and printing mistakes and to clarify certain of the provisions adopted
in the July 31, 2003 final rule. Further, we are permitting shippers
additional flexibility in preparing shipping papers by reinstating a
provision that permits inclusion of hazard class names following the
basic shipping description. As well, we are revising the provision for
inclusion of package type on a shipping paper to permit use of generic
names for package types while permitting inclusion of the packaging
specification as an option. Finally, we are clarifying that
responsibility for compliance with the general packaging requirements
in Sec. Sec. 173.24 and 173.37 rests with the shipper, not the
packaging manufacturer.
Identification of potentially affected small entities. Businesses
likely to be affected by the final rule are persons who offer for
transportation or transport hazardous materials in commerce, including
hazardous materials manufacturers and distributors; transportation
companies, including air, highway, rail, and vessel carriers; hazardous
waste generators; and container and packaging manufacturers.
Unless alternative definitions have been established by the agency
in consultation with the Small Business Administration (SBA), the
definition of ``small business'' has the same meaning as under the
Small Business Act. Since no such special definition has been
established, we employ the thresholds published by SBA for
establishments that will be subject to this final rule. Based on data
for 1997 compiled by the U.S. Census Bureau, it appears that upwards of
95 percent of persons affected by this final rule are small businesses.
These entities would incur no increased costs to comply with the
provisions of this final rule. Rather, the final rule permits these
entities additional flexibility to comply with its requirements.
Reporting and recordkeeping requirements. This final rule includes
no new requirements for reporting or recordkeeping.
Related Federal rules and regulations. There are no related Federal
rules or regulations governing the transportation of hazardous
materials in domestic or international commerce.
Alternate proposals for small businesses. The Regulatory
Flexibility Act directs agencies to establish exceptions and differing
compliance standards for small businesses, where it is possible to do
so and still meet the objectives of applicable regulatory statutes. In
the case of hazardous materials transportation, it is not possible to
establish exceptions or differing standards and still accomplish our
safety objectives.
This final rule was developed under the assumption that small
businesses make up the overwhelming majority of entities that will be
subject to its provisions. Thus, the final rule provides additional
flexibility for compliance with its provisions, including alternatives
for compliance and extended compliance periods.
Conclusion. We conclude that while this final rule applies to a
substantial number of small entities, there will not be a significant
economic impact on those small entities. There are no new compliance
costs associated with the proposals in this final rule.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
E. Paperwork Reduction Act
This final rule does not impose new information collection
requirements.
F. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to 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. The environmental assessment prepared
for the July 31, 2003 final rule can be found in the public docket for
this rulemaking. The revisions adopted in this final rule do not alter
the conclusions contained in the environmental assessment. There are no
significant environmental impacts associated with this final rule.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, 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 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
0
In consideration of the foregoing, amend 49 CFR Chapter I as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
2. In Sec. 171.14, paragraphs (d) introductory text, (d)(1) and (d)(6)
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 July 31,
2003, effective October 1, 2003, as amended in a final rule published
in the Federal Register on June 22, 2004, effective June 22, 2004,
resulted in revisions to this subchapter. During the transition period,
until October 1, 2004, as provided in paragraph (d)(1) of this
[[Page 34608]]
section, a person may elect to comply with the applicable requirements
of this subchapter in effect on September 30, 2003.
(1) Transition dates. The effective date of the final rule
published on July 31, 2003 is October 1, 2003 and the effective date of
the final rule published on June 22, 2004 is June 22, 2004. Delayed
compliance is authorized until October 1, 2004. Unless otherwise
specified, on October 1, 2004, all applicable regulatory requirements
adopted in these final rules must be met.
* * * * *
(6) Section 172.202(a)(6) requires the number and types of packages
to be indicated on shipping papers. Until October 1, 2007, a person may
elect to comply with the requirements for the number and type of
packages in effect on September 30, 2003.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
3. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
4. In Sec. 172.101, the Hazardous Materials Table is amended by
removing, adding and revising, in the appropriate alphabetical
sequence, the following entries to read as follows:
[[Page 34609]]
Sec. 172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.* * *) (9) Quantity limitations (10) Vessel stowage
materials and Hazard Identification Special ---------------------------------------------------------------------------------------------------------------
Symbols proper shipping class or numbers PG Label codes provisions Passenger Cargo air-
names division Exceptions Non-Bulk Bulk aircraft/rail craft only Location Other
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)........... (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
-----------------
* * * * * * *
[REMOVE:]
N,N- 8 UN2264........... II............. 8,3............... B2, IB2, T7, 154........... 202........... 243........... 1L............ 30 L.......... A............. 40
Dimethylcyclohexy TP2.
lamine.
1,1,1- 2.1 UN2035........... ............... 2.1............... T50........... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ B............. 40
Trifluoroethane,
compressed or
Refrigerant gas,
R143a.
* * * * * * *
[ADD:]
* * * * * * *
N,N- 8 UN2264........... II............. 8,3............... B2, IB2, T7, 154........... 202........... 243........... 1 L........... 30 L.......... A............. 40
Dimethylcyclohexy TP2.
lamine.
* * * * * * *
1,1,1- 2.1 UN2035........... ............... 2.1............... T50........... 306........... 304........... 314, 315...... Forbidden..... 150 kg........ B............. 40
Trifluoroethane
or Refrigerant
gas, R143a.
* * * * * * *
[REVISE:]
* * * * * * *
Air bag inflators, 9 UN3268........... III............ 9................. 160........... 166........... 166........... 166........... 25 kg......... 100 kg........ A............. ..............
or Air bag
modules, or Seat-
belt
pretensioners.
* * * * * * *
Ethylene.......... 2.1 UN1962........... ............... 2.1............... .............. 306........... 304........... 302........... Forbidden..... 150 kg........ E............. 40
* * * * * * *
Hydrazine aqueous 8 UN2030........... I.............. 8, 6.1............ 151, B16, B53, None.......... 201........... 243........... Forbidden..... 2.5 L......... D............. 40
solution with T10, TP2,
more than 37% TP13.
hydrazine, by
mass.
II............. 8, 6.1............ B16, B53, IB2, None.......... 202........... 243........... Forbidden..... 30 L.......... D............. 40
T7, TP2, TP13.
III............ 8, 6.1............ B16, B53, IB3, 154........... 203........... 241........... 5 L........... 60 L.......... D............. 40
T4, TP1.
* * * * * * *
Hydrocarbons, 3 UN3295........... I.............. 3................. 144, T11, TP1, 150........... 201........... 243........... 1 L........... 30 L.......... E............. ..............
liquid, n.o.s. TP8.
[[Page 34610]]
* * * * * * *
Organophosphorus 6.1 UN3279........... I.............. 6.1, 3............ 5, T14, TP2, None.......... 201........... 243........... 1 L........... 30 L.......... B............. 40
compound, toxic, TP13, TP27.
flammable, n.o.s.
* * * * * * *
Self-reactive 4.1 UN3229........... II............. 4.1............... T23........... None.......... 224........... None.......... 10 L.......... 25 L.......... D............. 61
liquid type F.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 34611]]
* * * * *
0
5. In Sec. 172.102:
0
a. In paragraph (c)(1), Special Provisions 15 and 132 are revised, and
0
b. In paragraph (c)(4), in Table 2, IBC Code IB52 is revised to read as
follows:
Sec. 172.102 Special Provisions.
* * * * *
(c) * * *
(1) * * *
Code/Special Provisions
* * * * *
15 This entry applies to ``Chemical kits'' and ``First aid kits''
containing one or more compatible items of hazardous materials in
boxes, cases, etc. that are used for medical, analytical, diagnostic or
testing purposes. For transportation by aircraft, materials forbidden
for transportation by passenger aircraft or cargo aircraft may not be
included in the kits. Chemical kits and first aid kits are excepted
from the specification packaging requirements of this subchapter when
packaged in combination packagings. Chemical kits and first aid kits
are also excepted from the labeling and placarding requirements of this
subchapter, except when offered for transportation or transported by
air. Chemical and first aid kits may be transported in accordance with
the consumer commodity and ORM exceptions in Sec. 173.156, provided
they meet all required conditions. Kits that are carried on board
transport vehicles for first aid or operating purposes are not subject
to the requirements of this subchapter.
* * * * *
132 This entry may only be used for uniform, ammonium nitrate-base
fertilizer mixtures, containing nitrogen, phosphate or potash, meeting
the following criteria: (1) Contains not more than 70% ammonium
nitrate; and (2) Contains not more than 0.4% total combustible, organic
material calculated as carbon or with not more than 45% ammonium
nitrate and unrestricted combustible material. Fertilizers within these
composition limits are only subject to the requirements of this
subchapter when transported by aircraft or vessel, and are not subject
to the requirements of this subchapter if shown by a trough test, as
specified in the UN Manual of Tests and Criteria, Part III, Sub-section
38.2 (IBR, see Sec. 171.7 of this subchapter), not to be liable to
self-sustaining decomposition.
* * * * *
(4) * * *
Table 2.--Organic Peroxide IBC Code (IB52)
----------------------------------------------------------------------------------------------------------------
Maximum quantity Control Emergency
UN no. Organic peroxide Type of IBC (liters) temperature temperature
----------------------------------------------------------------------------------------------------------------
* * * * * * *
REVISE:
* * * * * * *
3110.......................... Dicumyl peroxide, 31A 2000
less than or 31H1
equal to 100%. 31HA1
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
6. In Sec. 172.202, paragraph (a)(2) is revised; paragraphs (a)(2)(i),
(a)(2)(ii), and (a)(2)(iii) are added; and paragraph (a)(6) is revised
to read as follows:
Sec. 172.202 Description of hazardous material on shipping papers.
(a) * * *
(2) The hazard class or division number prescribed for the
material, as shown in Column (3) of the Sec. 172.202 Table. Except for
combustible liquids, the subsidiary hazard class(es) or subsidiary
division number(s) must be entered in parentheses immediately following
the primary hazard class or division number.
In addition--
(i) The words ``Class'' or ``Division'' may be included preceding
the primary and subsidiary hazard class or division numbers.
(ii) The hazard class need not be included for the entry
``Combustible liquid.''
(iii) For domestic shipments, primary and subsidiary hazard class
or division names may be entered following the numerical hazard class
or division or following the basic description. For example, ``Oxygen,
compressed, 2.2 (non-flammable, non-poisonous compressed gas), 5.1
(oxidizer), UN1072,'' or ``Oxygen, compressed, 2.2, 5.1, UN1072, (non-
flammable, non-poisonous compressed gas) (oxidizer)'';
* * * * *
(6) The number and type of packages must be indicated. The type of
packages must be indicated by description of the package (for example,
``12 drums''). Indication of the packaging specification number
(``1H1'') may be included in the description of the package (for
example, ``12 1H1 drums'' or ``12 drums (UN 1A1).'' Abbreviations may
be used for indicating packaging types (for example, ``cyl.'' for
``cylinder'') provided the abbreviations are commonly accepted and
recognizable.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
7. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
0
8. In Sec. 173.185, in paragraph (k), the last sentence is revised to
read as follows:
Sec. 173.185 Lithium batteries and cells.
* * * * *
(k) * * * Batteries packaged in this manner are not permitted for
transportation by passenger aircraft, and may be transported by cargo
aircraft only if approved by the Associate Administrator prior to
transportation.
0
9. In Sec. 173.225, in the Organic Peroxide Table, the entry
``ADicumyl peroxide, UN3110'' is revised to read as follows:
Sec. 173.225 Packaging requirements and other provisions for organic
peroxides.
* * * * *
[[Page 34612]]
Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diluent (mass %) Temperature
------------------------ ([deg]C)
Technical name ID number Concentration Water Packing method -------------------- Notes
(mass %) A B I mass %)
Control Emergency
(1) (2) (3) (4a) (4b) (4c) (5) (6).............. (7a) (7b) (8)
-----------------------------------
* * * * * * *
[REVISE:]
* * * * * * *
Dicumyl peroxide.................. UN3110 >52-100 ...... ...... <=48 ........ OP8, IBC, Bulk... ....... ......... 9, 11, 14
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
10. The authority citation for Part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
11. In `` 178.2, paragraph (c)(1)(ii) is revised to read as follows:
Sec. 178.2 Applicability and responsibility.
* * * * *
(c) * * *
(1) * * *
(ii) With information specifying the type(s) and dimensions of the
closures, including gaskets and any other components needed to ensure
that the packaging is capable of successfully passing the applicable
performance tests. This information must include any procedures to be
followed, including closure instructions for inner packagings and
receptacles, to effectively assemble and close the packaging for the
purpose of preventing leakage in transportation. For packagings sold or
represented as being in conformance with the requirements of this
subchapter applicable to transportation by aircraft, this information
must include relevant guidance to ensure that the packaging, as
prepared for transportation, will withstand the pressure differential
requirements in `` 173.27 of this subchapter.
* * * * *
Issued in Washington, DC on June 3, 2004 under authority
delegated in 49 CFR Part 1.
Samuel G. Bonasso,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 04-12992 Filed 6-21-04; 8:45 am]
BILLING CODE 4910-60-P