[Federal Register: December 20, 2004 (Volume 69, Number 243)]
[Rules and Regulations]
[Page 76043-76187]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de04-22]
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Part II
Department of Transportation
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Research and Special Programs Administration
49 CFR Parts 171, 172, et al.
Harmonization With the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organization's Technical Instructions; Final 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: Final rule.
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SUMMARY: RSPA is amending 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: The effective date of these amendments is January 1, 2005
Delayed Compliance Date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning
January 1, 2006.
Incorporation by Reference Date: The incorporation by reference of
the publications adopted in Sec. 171.7 of this final rule have been
approved by the Director of the Federal Register as of January 1, 2005.
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 Changes in this Final Rule
III. Overview of Amendments Not Being Considered for Adoption in
this Final Rule
IV. Section-By-Section Review
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority for this Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Regulatory Policies and Procedures
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. 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 diminishing the level of safety
currently provided by the HMR and without imposing undue burdens on the
regulated public. In our efforts to continue to align the HMR with
international requirements, this final rule incorporates changes into
the HMR based on 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.
Petitions for rulemaking concerning harmonization with international
standards and additional measures concerning facilitation of
international transportation are also addressed in this final rule and
serve as the basis of certain amendments. Other amendments are based on
feedback from the regulated industry, other DOT modal administrations
and our initiative. Also included are various editorial clarifications.
Unless otherwise stated, the revisions are for harmonization with
international standards.
II. Overview of Changes in This Final Rule
Amendments to the HMR in this final rule include, but are not
limited to the following:
--Amendments to the Hazardous Materials Table (HMT) which 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.
[[Page 76045]]
--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 aerosols 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 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 for 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
Final Rule
This final rule makes 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 adopting 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
Technical Instructions to allow certain oxygen generators aboard
passenger carrying aircraft, we do not believe the amendment to be in
the interest of public safety.
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 make the HMR identical to the international regulations
but rather striving to remove or avoid potential barriers to
international transportation.
Below is a listing of those significant amendments to the
international regulations that we have not included in this final rule
with a brief explanation of why the amendment was not included:
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 adopting 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 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) is updated
to include the most recent editions of the
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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 updated additions are 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) is 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 the Organic Peroxides Producers Safety
Division of the Society of the Plastics Industry, Inc.
One commenter recommended that we revise the ``Note to Paragraph
(h)(3)(vi)'' in Sec. 173.225 to maintain format consistency with the
incorporation by reference entry for ``Example of a Test Method for
Venting Sizing: OPPSD/SPI Methodology'' found in Sec. 171.7(a). We
disagree. The reference to a second example of a test method for
venting sizing is not found in Sec. 171.7(a) as a material
incorporated by reference. Rather, it is found in Sec. 171.7(b) as
informational material not requiring incorporation by reference.
Therefore, for clarification we are revising Sec. 171.7(b) to include
the reference to the ``American Institute of Chemical Engineers Process
Safety Progress Journal.'' In addition, we are revising the ``Note to
Paragraph (h)(3)(vi)'' in Sec. 173.225 to include a reference to Sec.
171.7(b), list of informational materials not requiring incorporation
by reference.
Section 171.8
The definition for ``salvage packaging'' is 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 to
accommodate the use of salvage packaging for. Occasionally an undamaged
package 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 package 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 in order to ensure compliance
with the HMR. 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) is revised to clarify that the limitations
therein also apply to oxygen generators contained in personal breathing
equipment. In addition, paragraph (d)(17) is 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 must be approved
by the Associate Administrator in accordance with the requirements of
Sec. 173.128(d).
Section 171.12
In Sec. 171.12, paragraph (b)(20) is 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 must be approved by
the Associate Administrator in accordance with the requirements of
Sec. 173.128(d).
Section 171.12a
Paragraph (a) is revised to clarify the requirements for the return
to Canada of bulk packagings that correspond to DOT or UN
Specifications. Paragraph (b)(9)(ii) is revised to indicate that the
shipping certification must be completed for shipments from Canada that
enter the U.S. Paragraph (b)(18) is 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. 173.22 must be approved by the
Associate Administrator in accordance with the requirements of Sec.
173.128(d).
Section 171.14
Paragraphs (d) and (d)(1) are revised to authorize a delayed
implementation date for the amendments in this final rule. The
effective date of this final rule is January 1, 2005. We are also,
authorizing 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
offers sufficient time to implement the new requirements.
Paragraph (d)(2) is revised to authorize certain intermixing of old
and new requirements.
Part 172
Section 172.101
The regulatory text preceding the Hazardous Materials Table is
revised as follows:
Paragraph (c)(11) and the corresponding note to paragraph (c)(11)
are amended to revise a section reference. The reference to Sec.
173.225(c) in the first sentence is revised to read Sec. 173.225(b)
and the reference to Sec. 173.225(c)(2) in the note to paragraph
(c)(11) is revised to read Sec. 173.225(b)(2).
Paragraph (d)(4) is revised by adding a statement indicating that
when the abbreviation ``Comb liq.'' is found in the ``Hazard class or
division'' column of the Hazardous Materials Table (column 3), the
material falls into the ``Combustible liquid'' hazard class.
Paragraph (i)(3) of this section is 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.
Sec. 172.101 The Hazardous Materials Table (HMT). In this final
rule we made various amendments to the HMT. Readers should review all
changes for a complete understanding of the Table amendments. The HMT
has been reprinted in its entirety due to the numerous changes. Under
this final rule the changes to the HMT for the purpose of harmonizing
with international standards, unless otherwise stated, include, but are
not limited to the following:
We revised 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 are 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
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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 revised 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 are 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 revised several entries by removing the qualifying word
``solid.'' This action provides consistency with the Thirteenth Revised
Edition of the UN Recommendations. The affected entries are 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 deleted several entries. This action removes 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 are 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 revised the proper shipping name ``Butadienes,
stabilized,'' UN1010 to read ``Butadienes, stabilized or Butadienes and
hydrocarbon mixture, stabilized, containing more than 40% butadienes.''
We revised the proper shipping name ``Potassium
hydrogendifluoride, solid,'' UN1811 to read ``Potassium
hydrogendifluoride, solid.''
We revised 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).''
We removed four references to IB52 and four references to
T23 from column 7 of the HMT. This change is necessary because IB52 and
T23 have been relocated to Sec. 173.225. The affected entries are:
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 is removed from column 7 of the HMT for the following
UN entries:
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 deleted 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 affected 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 added 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. The new entries are 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
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
[[Page 76048]]
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
A commenter stated that by adding the shipping names for
desensitized explosives under identification numbers UN3379 and UN3380,
approvals should be modified to authorize the use of classifications
for the applicable hazardous materials. The commenter also noted that
due to these additions, the definitions for flammable solids and
flammable liquids require revision to account for the new shipping
names. We do not anticipate a significant number of explosives being
assigned to these shipping names. Therefore, we disagree with the
commenter's contention that each holder of an EX number request an
updated shipping classification. In addition, we do not agree with the
commenter's request to revise the definitions of flammable solid and
flammable liquid to include the additional proper shipping names. The
definitions of flammable solid and flammable liquid adequately describe
materials assigned to those shipping names. Additionally, shipping
names are not found under hazard class definitions, but rather, in the
HMT.
We added the following new generic entries for materials
that are toxic 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 are 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/m\3\ 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\ 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 added the following new generic entries for
organometallic substances. This action is consistent with the addition
of proper shipping names that were incorporated into the Thirteenth
Revised Edition of the UN Recommendations. The new entries are 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 are continuing to allow the use of the following
specific Organometallic entries: 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 made several changes
to UN portable tank authorizations in the HMR. These changes 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 is not authorized.
For Division 4.3 materials with a subsidiary class of 6.1, in
Packing Group I, the use of portable tanks is not 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 is specified.
For Division 4.2, Packing Group I materials, T21 and TP7 is
specified.
For Division 4.3, Packing Group I materials, T9 and TP7 is
specified.
For Division 5.1, Packing Group I materials, the use of UN portable
tanks is not authorized.
For Division 6.1 and Class 8, Packing Group I materials, T6 is
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 is specified.
[[Page 76049]]
Several entries in the HMT have been revised by amending
column 9B to read ``forbidden'' so that the materials are no longer
authorized for transport aboard cargo aircraft. The entries have been
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
removed the entries ``Diphenyl oxide and biphenyl phenyl ether
mixtures,'' ``Isoamyl mercaptan,'' ``Pentanethiols,'' and
``Tetrachlorophenol.'' We revised the entry ``2, 6-Di-tert-
Butylphenol'' and we added the entry ``Chloropicrin.''
Section 172.102
We amended Sec. 172.102, Special Provisions, as follows:
Several entries in the HMT are 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 removed 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 are 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 are 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 are 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 are revised by adding special
provision A9:
UN1449 Barium peroxide
UN1452 Calcium chlorate
UN3212 Hypochlorites, inorganic, n.o.s.
The following entries are revised by adding special
provision A10:
UN1828 Sulphur chlorides
UN2401 Piperidine
The following entry is revised by adding special provision
N3:
UN2817 Ammonium hydrogendifluoride solution
The following entries are revised by adding special
provision N36:
UN1184 Ethylene dichloride
UN1732 Antimony pentafluoride
UN1777 Fluorosulphonic acid
UN2699 Trifluoroacetic acid
The following entries are revised by removing certain
``A'' special provisions since the materials themselves are forbidden
for transportation aboard passenger and cargo aircraft:
[[Page 76050]]
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, 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 is 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,
does not apply to UN, IM Specification portable tanks or IBCs.
Paragraph (b)(4) of this section is 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)(7) of this section is amended to specify
that a code containing the letter ``T'' refers to a special provision
which applies only to transportation in UN or IM Specification portable
tanks.
Paragraph (b)(8) is redesignated (b)(9) and a new
paragraph (b)(8) is 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 is 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 is 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 is revised to expand the exception
for ``Cotton, dry''.
Special Provision 143 is 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 is 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 include methods for
the classification of aerosols based on the percentage of flammable
components. One commenter agreed with the removal of Special Provision
153 and the relocation of classification criteria for aerosols to Sec.
173.115(k).
New Special Provision 163 is added to specify that
Ammonium Nitrate Emulsions are required to satisfactorily pass Test
Series 8 of the UN Manual of Tests and Criteria, Part I, Section 18.
New Special Provision 164 is 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 is 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. One
commenter agreed with our efforts to harmonize the HMR with UN
Recommendations, but was concerned with the intent of Special Provision
165. This commenter agreed that calcium hypochlorite should be shaded
from direct sunlight but questioned the ambient heat and ventilation
provisions. The commenter stated that calcium hypochlorite is currently
transported in closed cargo transport units, thus, satisfying the
requirement to protect this hazardous material from direct sunlight.
However, since the cargo transport units are not ventilated by fan or
induced ventilation, and the cargo transport units would be subjected
to ambient heat, a violation of Special Provision 165 appears imminent.
We disagree. We feel Special Provision 165 provides latitude for
compliance with the ventilation and ambient heat requirements. Proper
ventilation and protection from ambient heat can be achieved during the
loading process of the cargo transport units and throughout the
transportation cycle by allowing adequate space for air movement around
the calcium hypochlorite packages. We do agree; however, that cargo
transport units themselves should not be required to be shaded from
direct sunlight. Therefore, we have revised the regulatory text
accordingly.
New Special Provision 166 is 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 is added to the 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 is added to Organometallic
substances entries (UN3391, UN3392, UN3393, and UN3394). The special
provision requires air to be eliminated from the vapor space by
nitrogen or other means.
New Special Provision 171 is 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 is only authorized when the material is
offered in the non-friable tablet form or for granular or powdered
[[Page 76051]]
mixtures. This entry is not 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 added a new Special Provision 171 to the
UN2880, PG III entry in the HMT to allow for the possibility to
classify powdered or granular mixtures of hydrated calcium hypochlorite
in Packing Group III when data indicate that the mixture meets the
criteria for assignment to PG III. One commenter supports the revisions
that align calcium hypochlorite entries in the HMT with UN
Recommendations. However, this commenter requested the addition of
Special Provision 171 to the entry, ``Calcium hypochlorite, dry or
Calcium hypochlorite mixtures dry, (UN1748)'' for consistent alignment
with the UN Recommendations. We agree. After further review of the UN
Recommendations, we have determined that the UN Special Provision 316
is equivalent to the proposed Special Provision 171 in Docket HM-215G,
and is applicable to both the ``dry'' and ``hydrated'' calcium
hypochlorite entries. Therefore, we are assigning Special Provision 171
to the ``Calcium hypochlorite, dry or Calcium hypochlorite mixtures
dry, (UN1748)'' entry.
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. In the NPRM, we
proposed to harmonize with the applicable ICAO Technical Instruction
particular packing requirement (PPR 8), however discussions with the
ICAO Dangerous Goods Panel and further analysis of ICAO PPR 8 has
revealed that the requirement may need to be amended. Our analysis
showed that other packagings, including glass inner packagings, are
authorized, and as such restricting packagings to only specification
cylinders appears unnecessarily restrictive. As such we are not
proposing to amend Special Provision A11 in this final rule.
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) is added to prohibit this
material from being transported as a limited quantity or consumer
commodity in accordance with Sec. 173.306 aboard an aircraft. This new
``A'' code has also been 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 is relocated to new Special Provision IP20.
Paragraph (c)(4) of this section is 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 is redesignated Table 2.--IP Codes. The wording of
paragraph (c)(4) is revised to indicate that Table 3.--IP Codes had
been redesignated Table 2.--IP Codes. All references to IB52 in the HMR
are removed and replaced with ``Organic Peroxide IBC Table'' or ``Sec.
173.225(e),'' as applicable.
Paragraph (c)(7) is 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 its
description is 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 are removed and replaced with ``UN Portable Tank
Table for Liquefied Compressed Gases in Sec. 173.313.'' In addition,
paragraph (c)(7) is 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) are removed and paragraphs (c)(7)(iv)-
(c)(7)(vii) are redesignated (c)(7)(iii)-(c)(7)(vi), respectively. All
references to T23 in the HMR are removed and replaced with ``Organic
Peroxide Portable Tank Table'' or ``Sec. 173.225(g),'' as applicable.
New paragraph (c)(8) is added to provide an introduction
to the ``TP'' codes (i.e., portable tank special provisions). The
existing paragraph (c)(8) is redesignated paragraph (c)(9).
New Special IBC Packing Provision IP13 is added to specify
that transportation by vessel in IBCs is prohibited.
New Special IBC Packing Provision IP14 is added to specify
that air must be eliminated from the vapor space by nitrogen purging or
other means.
New Special IBC Packing Provision IP20 is 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 is revised to include
the maximum degree of filling (in %) for solids transported above their
melting points.
Special Provision TP6 is revised by removing the word
``event'' and replacing it with the word ``incident.''
Portable tank Special Provision TP9 is removed from column
(7) of the HMT 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.
In the NPRM we proposed adoption of a new portable tank
special provision, TP33, by adding the new provision to certain entries
in the HMT. However, we neglected to include the text of the provision
itself. We are correcting this omission in this final rule.
Section 172.202
We are editorially revising paragraph (a)(2)(iii) by removing the
examples that illustrate the optional provision to enter primary and
subsidiary hazard class or division names on shipping papers for
domestic shipments. In the HM-215E response to appeals final rule (69
FR 34604) that was published on June 22, 2004, we reinstated the
provision which was removed in a previous rulemaking (68 FR 44992).
During the process of correcting a printing error in one of the
examples, we determined that the regulatory text is complete and
sufficient without the use of examples.
In the NPRM [69 FR 34741] we proposed to amend paragraph (a)(5)(i)
to require the quantity shown on a shipping paper for an explosive
article, such as Cartridges, small arms, to be the net mass of the
entire article rather than the net mass of the explosive contained in
the article. Commenters generally support the proposal, suggesting that
it will provide for consistency across modes of transportation and for
more accurate calculations. However, several of these commenters note
that, for certain explosive articles that contain very small amounts of
an explosive, showing the net mass of the article rather than of the
explosive contained in the article could misrepresent the
transportation risk associated with the article. Two commenters state
that,
[[Page 76052]]
because shippers have historically calculated the net mass based on the
actual explosive material contained in the article rather than the
entire article, the clarification proposed in the NPRM could cause
increased confusion for shippers.
Internationally, as well, there is some concern that, at least for
large explosive articles, the quantity indicated on the shipping paper
should be the net mass of the explosive substances contained in the
article rather than the net mass of the article itself. As suggested by
some commenters to the NPRM, a number of the members of UN Transport of
Dangerous Goods Sub-Committee agree using the net mass of the entire
article rather than the net mass of the explosive material contained in
the article may not appropriately communicate the explosive hazard to
emergency responders. Until this issue is resolved through a change to
the UN Model Recommendations, we are, in this final rule, amending
paragraph (a)(5)(i) to clarify that for explosive articles the quantity
shown on a shipping paper may be expressed in terms of the net mass of
the article or the net mass of the explosive substances contained in
the article. It should be noted, however, that for purposes of
determining the per-package quantity limitations shown in Column 9 of
the HMT, Sec. 172.101(j)(3) specifies that when articles or devices
are specifically listed by name, the net quantity limitation applies to
the entire article or device rather than to its hazardous components.
This would include explosive articles listed by name in the HMT. For
example, in the case of a listed explosive article weighing 15 kg and
containing 500 grams of explosive substance, the weight shown on the
shipping paper may be 500 grams or 15 kg, but the weight used for
purposes of compliance with Column (9) of the HMT must be 15 kg as
required by Sec. 172.101(j)(3).
Particularly for large articles, the quantity indicated on the
shipping paper should be the net mass of the explosive substances
contained in the article. For small explosive articles, such as
Cartridges, small arms, we believe that the net mass of the article can
be used to satisfy the total quantity requirement in Sec.
172.202(a)(5)(i). As a practical matter, it is easier, and in certain
instances necessary, for an offeror to provide the net mass of the
article and the net explosive mass. For example, as previously stated,
the net mass of an article must be used to ensure compliance with the
per package quantity limitations set forth in Column 9 of the Sec.
172.101 Hazardous Materials Table for transport aboard aircraft or
passenger rail (see Sec. 172.101(j)(3)). However, for operational
purposes, such as for stowage and segregation of large quantities of
explosives or determining the quantity of explosives that can be
transported on a vessel [see Sec. 176.142(b)], the net explosive mass
of the explosive substances contained in articles is needed.
Section 172.203
Paragraph (f) is revised by including the passenger and cargo
aircraft limitation certification statement that is found in Sec.
172.204. This aligns the HMR with the ICAO TI (see 4.1.5.8.1(b) of the
ICAO TI). A new paragraph (i)(3) is 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. In addition, paragraph (m)(2) is 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, in paragraph (o)(3), the reference to Sec.
173.225(c)(2) is amended to read Sec. 173.225(b)(2).
One commenter felt the requirement to add a segregation code on the
shipping paper for ``n.o.s.'' entries is unnecessary and unduly
burdensome. In addition, the commenter is concerned that there may not
be sufficient space on the shipping paper to indicate this notation.
If, however, this requirement is adopted, the commenter requested an
example of the required entry on shipping papers. We disagree. We do
not feel this additional requirement is unnecessary or overly
burdensome. The additional shipping paper description requirements
apply only to hazardous material consigned under an ``n.o.s.'' entry
when offered for transportation by vessel. We believe that consignors
should be familiar with the hazards and segregation risks of their
shipments, specifically ``n.o.s.'' materials that are not assigned
segregation groups. By indicating the need to segregate such materials
on the shipping paper, the consignor increases the likelihood that
appropriate stowage procedures are followed, ensuring the safety of the
vessel and its cargo. We also do not agree that there is inadequate
space available on shipping papers to include the segregation group.
However, we do agree that an example of the required entry should be
presented for clarity and uniformity. Therefore, as recommended by the
commenter, we are adding the example ``IMDG Code segregation group--1
Acids'' to Sec. 172.203.
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 from the ICAO Technical Instructions.
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 revised 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 revised 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 provides 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. Two commenters support RSPA's decision
requiring shippers to sign the certification declaring compliance with
requirements for air transportation. Additionally, several commenters
agree with the revision to make the air eligibility marking optional.
However, some commenters suggest making the marking ``permissible''
instead of ``optional'' to avoid potential confusion. We disagree. We
are removing the requirement for shippers to mark packages acceptable
for air transport with the air eligibility marking. This revision does
not prohibit the use of the marking.
Section 172.315
Section 172.315 is amended to ensure that packages containing
limited quantities which are transported by air are marked with the
proper shipping name. Although the amendment was not proposed in this
rulemaking, it was previously proposed and adopted under
[[Page 76053]]
HM-215E (68 FR 45000) but was omitted due to an editorial error during
publication. The amendment provides harmonization with the ICAO
Technical Instructions, which do not allow the UN number within a
square-on-point border as a substitute for the proper shipping name.
Note that this amendment does not preclude the ID number/square-on-
point border from appearing on a package transported by air, it simply
ensures that the proper shipping name is also required.
Section 172.317
A new Sec. 172.317 is 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 NPRM proposed to revise the requirements for use of salvage
drums to include packages of hazardous materials that are found not to
conform with the requirements of the HMR. In addition, the NPRM
proposed to clarify that salvage drums may only be used for damaged,
defective, non-conforming, or leaking packages identified as such after
the packages have been placed in transportation. One commenter suggests
that the phrase ``after having been placed in transportation'' as used
in the NPRM is confusing and requests that we clarify the phrase using
the terms ``pre-transportation functions'' and ``transportation
functions'' as defined in a final rule published under Docket HM-223
October 30, 2003 (68 FR 61905). In response to this comment, in this
final rule, we modified Sec. 173.3(c) to clarify that salvage drums
are to be used for damaged, defective, non-conforming, or leaking
packages identified during transportation as ``transportation'' is
defined in Sec. 5102(12) of Federal hazardous materials transportation
law--that is, the movement of property and loading, unloading, or
storage incidental to the movement. When the HM-223 final rule becomes
effective, the statutory definition for ``transportation'' will be
added to Sec. 171.8 of the HMR, as will definitions for ``movement,''
``loading incidental to movement,'' ``unloading incidental to
movement,'' and ``storage incidental to movement.'' Note that a package
found to be leaking prior to its being placed in transportation may not
be packaged in a salvage drum. Instead, it must be repackaged into an
authorized packaging in accordance with applicable HMR requirements.
Section 173.24
For consistency with the UN Recommendations, paragraphs (g)(4) and
(g)(5) are 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) is 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) is revised by removing the requirement to mark an
overpack with the air eligibility marking. In addition, in paragraph
(a)(4), we are amending the HMR 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) is revised to indicate that the air eligibility mark
has been removed. This section references 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.''
Section 173.28
In paragraph (c)(2), we deleted the words ``or a UN 1H1 plastic
drum'' in order to 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) is added (see discussion
under Sec. 172.102, Special Provision 153). One commenter noted that
the proposed new Sec. 173.115(k) would not allow aerosols to contain
corrosive substances of Packing Group II. The commenter further noted
that UN Special Provision 63 allows aerosols to contain corrosive
substances of Packing Group II and requested we harmonize with the UN
Special Provision 63 in this regard. We agree with the commenter and
further note that currently, the HMR authorizes a proper shipping name
of ``Aerosols, corrosive Packing Group II or III, each not exceeding 1
L capacity''. We are amending Sec. 173.115(k) accordingly to clarify
that aerosols may contain corrosive substances of Packing Group II.
Section 173.120 and Appendix H to Part 173
A commenter noted that under section Sec. 173.120(a)(3), the
reference to Appendix H for sustained combustibility tests directs the
reader to Figures 5.1 and 5.2 found in the UN Recommendations. These
figures are no longer in the UN Recommendations, but, rather, are
located in section 32.5.2 of the Fourth Revised Edition of the UN
Manual of Tests and Criteria. We agree with the commenter. Therefore,
we are amending Appendix H to Part 173 to reference the UN Manual of
Tests and Criteria.
Section 173.128
In paragraph (d)(1)(i), the section reference is revised to read
Sec. 173.225(c). In addition, in paragraphs (d)(1)(ii) and
(d)(1)(iii), the section reference is revised to read Sec. 173.225(b).
Section 173.132
In paragraph (b)(1), we revised the definition of LD\50\ for acute
oral toxicity to indicate that adult albino rats may be tested without
regard to gender. The current definition for LD\50\ 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 text is consistent
[[Page 76054]]
with the text in the 13th revised edition of the UN Model Regulations.
Section 173.136
We added a new paragraph (d) to provide a grandfather clause that
will allow for the continued shipment of materials classified as
corrosive to steel or aluminum under ASTM G 31-72 without retesting.
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 allowing most Division 6.1, Packing Group II materials to be
transported under the limited quantity provisions when the packagings
contain not more than 100 mL (3.38 ounces) each for liquids or 0.5 kg
(1.1 pounds) each for solids. However, consistent with the limited
quantity authorization for Division 6.1, Packing Group III, we are not
providing a labeling exception for these materials. We are also not
allowing these materials to be shipped as consumer commodities. In
addition, we revised 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. One commenter agreed with the amendment
allowing numerous Class 3, PG II materials with Class 8 and other
subsidiary hazards to be transported as limited quantities.
Section 173.185
In Sec. 173.185, we amended paragraphs (c)(3) and (e)(6), to
require those lithium cell and battery design types that are required
to be subjected to the UN performance tests to be of a type that is
proven to meet the requirements of the performance tests specified in
the UN Manual of Tests and Criteria, Fourth Revised Edition. These
cells and batteries are currently required to be of a type that is
proven to meet the tests in the third revised edition. We also proposed
a grandfather provision that would authorize a lithium cell or battery
that was transported prior to the effective date of this rule that is
of a type proven to meet the UN performance tests in the third revised
edition to not be required to be retested in accordance with the tests
in the fourth revised edition. One commenter supported this approach
and stated that it is both necessary and appropriate to allow continued
transport of cells and batteries tested and qualified under the UN
lithium battery design qualification tests in accordance with the UN
Manual of Tests and Criteria, Third Revised Edition. The commenter
further stated that providing a grandfather provision for previously
tested cells and batteries would avoid the need and expense of
requalifying these cells and batteries in accordance with the new tests
prescribed in the Fourth Revised Edition of the UN Manual of Tests and
Criteria. After further consideration, we believe that authorizing an
indefinite period for the transport of batteries that were tested in
accordance with the UN Manual of Tests and Criteria, Third Revised
Edition, 1999 may not be in the best interest of safety. The tests in
the UN Manual of Tests and Criteria, Fourth Revised Edition provide a
slightly higher level of safety and we believe that further
consideration needs to be taken in considering whether at some point in
time all applicable lithium batteries and cell design types should be
proven to meet the requirements of the UN Manual of Tests and Criteria,
Fourth Revised Edition. As a result, we will issue a proposal shortly
specifically to address the full unrestricted adoption of the Fourth
Revised Edition of the UN Manual of Tests and Criteria.
Section 173.186
In Sec. 173.186, in paragraph (e), we amended the gross weight for
UN 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 revised Sec. 173.187 to authorize certain solid hazardous
materials to be transported in DOT specification cylinders other than
Specification 8 and 3HT cylinders. This change eliminates the need for
DOT Exemption ``DOT-E 11548.''
Sections 173.211, 173.212, and 173.213
We revised these sections to authorize certain solid hazardous
materials to be transported in DOT specification cylinders other than
Specification 8 and 3HT cylinders. This change removed the need for DOT
Exemption ``DOT-E 11548.''
Section 173.219
We revised Sec. 173.219 for consistency with the UN Model
Regulations and the ICAO Technical Instructions. Included in the
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 provided 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
are relocated to Sec. 173.219 (see preamble discussion under Special
Provision 143).
Section 173.220
Paragraph (b)(2) is 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 is amended to include the new
references for Sec. 173.225. The section reference to Sec. 173.225(e)
for the authorization of bulk packagings is replaced with Sec.
173.225(f) for IBCs and Sec. 173.225(h) for other bulk packagings.
Section 173.225
This section is 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 changes are as follows:
Paragraph (a) is 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) is revised to eliminate all IBC and other bulk
packaging authorizations from column 6 of the Organic Peroxide Table.
Various obsolete entries were also removed. The current paragraph (b),
``Organic Peroxide Table,'' is moved to paragraph (c) and the current
paragraph (c), ``New organic peroxides, formulations and samples,'' is
moved to paragraph (b).
The notes following the Organic Peroxide Table are changed as
follows:
Revise note 22 to indicate that ethylbenzene with greater
than or equal to 25% of dilutant type A is acceptable.
[[Page 76055]]
Revise note 23 to indicate that methyl isobutyl keytone
with greater than or equal to 19% of dilutant type A is 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), is
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, is revised to allow 200 kg of solid
material per box and up to 400 kg of material per authorized
combination packaging. The note also indicates that the outer packaging
must be a box (4C1, 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) is 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) is 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 is 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 identifies, by technical name, those organic
peroxides authorized for transportation in the IBCs that are
specifically listed in the table.
A new paragraph (f) is added to include the current IBC
requirements contained in paragraph (e)(5) of this section. Paragraph
(f) also includes requirements that are specific to organic peroxides
packaged in IBCs.
A new paragraph (g) is 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 is identical to
the current table except that for UN 3109, in the entry for Pinanyl
hydroperoxyde, 50% is replaced by 56% and all references to self-
reactive materials are removed. In addition, the Organic Peroxide
Portable Tank Table provides certain portable tank requirements and
identifies, by technical name, those organic peroxides authorized for
transportation in the bulk packagings listed in the new paragraph (h).
The current paragraph (e) is redesignated as paragraph (h).
Paragraph (h) establishes requirements that are specific to organic
peroxides packaged in certain bulk packagings. Additionally, the new
``Note to Paragraph (h)(3)(vi)'' is 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 agreed with the petitioner and added 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 changes to this section altered the order of the paragraphs
within this section; therefore, various citations were changed. Also,
paragraphs referencing IB52 or TP23 are revised to indicate that those
provisions no longer exist and the updated requirements are found in
paragraph (e) and (g), respectively. A commenter requested that Sec.
173.225 be revised to allow for increased industry flexibility,
regulatory uniformity, and to better align with the UN Recommendations.
We agree and have made the following revisions:
Added wording to 173.225(a) to show that organic peroxides
that are not identified in the organic peroxide table, but are in
paragraph (b)(3) are not subject to the requirements of Sec. 173.128.
Removed Note 1 from both entries of tert-Butyl cumyl
peroxide and Note 11 from Dicumyl peroxide.
Removed the sentence ``The additional requirements in
paragraph (h)(5)(i) and (h)(5)(ii) of this section also apply'' from
Sec. 173.225(f) and renumbered (f)(i) and (f)(ii) as (f)(1) and
(f)(2), respectively.
Revised the introductory text to Paragraph (h) to indicate
that the bulk packagings that follow are for materials authorized for
transport in a bulk packaging by Paragraph (h) and organic peroxides
listed in the Organic Peroxide Portable Tank Table.
Removed two occurrences of the term ``Type F'' from
Paragraph (h)(3) to broaden the applicability of the provisions.
Removed statement from Sec. 173.225(h)(3)(xii) indicating
that DOT Specification 57 portable tanks are not subject to the
requirements of paragraphs (h)(3)(ii) and (h)(3)(iv) of this section.
Sections 173.226 and 173.227
We revised 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 have:
Reduced the hydrostatic test pressure of the inner drum in a drum-
within-a-drum configuration authorized in Sec. 173.226(b);
standardized 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); clarified the test requirements for inner
packaging systems in Sec. 173.226(b)(2)(iv); and in Sec. 173.226(d)
added a provision to authorize transportation of PIH materials in
single packages when subjected to additional operational controls and
approved by the Associate Administrator. Section 173.226(c)(2) is
reformatted for ease of understanding. We removed 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. One commenter recommended that we include a provision in Sec.
173.227(b) to allow for the testing of the outer drum of a drum-in-drum
package as either as a package intended to contain inner packagings
(combination package) or as a single packaging intended to contain
solids or liquids. We agree and have revised Sec. 173.227(b)
accordingly. Another commenter suggested that we increase the minimum
thickness of a UN 1A1 drum in PIH service from .69 mm to 1.0 mm.
Increasing the minimum thickness of a UN 1A1 drum in PIH service was
not proposed in this rulemaking and inclusion of such a requirement is
beyond the scope of this rulemaking. However, we are reviewing this
request for consideration in a future rulemaking.
Section 173.249
Paragraph (c) is 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. A commenter suggested that we include a provision authorizing the
returning of a tank containing bromine residue. We agree that such a
provision is necessary and have amended Sec. 173.249 accordingly.
Sections 173.306 and 173.307
To add clarity to the HMR, the text currently found in Sec.
173.306(i) is removed and replaced with the text
[[Page 76056]]
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 makes the exception easier to find.
Section 173.313
A new Sec. 173.313 is added to serve as the new location for the
Portable Tank Code T50 Table. The table is 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
relocates these packaging requirements to Part 173, which is a more
appropriate location, and makes the special provisions less cumbersome.
In addition, the new UN Portable Tank Table for Liquefied Compressed
Gases is amended by revising the Column 3 heading to read ``Minimum
design pressure (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'' is revised to read ``the UN Portable Tank Table for
Liquefied Compressed Gases in Sec. 173.313.''
Section 173.323
After further considering the proposed changes to the packaging
authorizations for ethylene oxide in Sec. 173.323, we noted that the
total quantity per package of ethylene oxide authorized for transport
when glass inner receptacles are used was proposed to be increased from
100 grams to 2.5 kg. Due to the extremely flammable and explosive
properties of ethylene oxide and the fragile properties of glass, after
further consideration we have chosen not to adopt the 2.5 kg outer
package limit found in the UN Recommendations and to retain our current
outer package limit of 100 grams. The total quantity per package when
metal inner receptacles are used will remain unchanged from the
proposed 2.5 kg. In this rule, paragraphs (b)(1)-(b)(3) are 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) 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 is removed). Though we are
eliminating the option to utilize certain packaging authorizations for
glass and aluminum inner packagings, we believe that this change will
have little or no economic impact on the ethylene oxide industry
because of the amount of materials that are transported in
international commerce. 3M Package Engineering requested that we reduce
the maximum quantity of ethylene oxide permitted in any metal inner
packaging from 340 g (12 ounces) to 200 g (7 ounces). They stated that
such a change would more adequately align the HMR with international
standards. We agree that such a change would align the HMR with
international requirements. However, allowing a metal inner packaging
to contain a maximum quantity of 340 g (12 ounces) does not limit
compliance with international requirements. In addition, we cannot
adopt the 200 g (7 ounces) limitation in this rulemaking because such a
change would be more restrictive then the requirements we proposed. We
may consider adopting the 200 g (7 ounces) limitation in a future
rulemaking.
Part 175
Section 175.10
Consistent with an amendment to the ICAO TI, we are requiring 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. One commenter recommended
that the release device requirements added to Sec. 175.10 also be
incorporated into Part 173. Specifically, they requested that aerosol
cans that are transported in commerce be protected by a cap or other
suitable means to prevent inadvertent release. They indicated that this
change should be coordinated with the Federal Aviation Administration
(FAA). We disagree. Section 173.24(b)(1) states that each package used
for the shipment of hazardous materials must be constructed,
maintained, filled, its contents so limited, and closed, so that under
conditions normally incident to transportation there will be no
identifiable release of hazardous materials to the environment. We feel
this section adequately addresses the commenter's concerns, and allows
shippers the flexibility to properly protect aerosol cans.
Section 175.85
In Sec. 175.85, a new paragraph (j) is added to specify the cargo
location of a package bearing the ``KEEP AWAY FROM HEAT'' handling
marking.
Part 176
Section 176.2
Certain definitions are revised. The definitions for ``Explosive
article'' and ``Explosive substance'' are revised to remove an
incorrect reference. The definition for ``Magazine'' is revised to
include a compartment in the vessel. The definition for ``Magazine'' is
also revised to specify vessel storage location and accessibility. The
term ``Transport unit'' is 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'' is
removed and the term ``cargo transport unit'' is added in its place.
Section 176.27
In this section, the words ``transport unit'' are 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) is revised to align the definition of ``Closed cargo
transport unit'' to be consistent with the
[[Page 76057]]
definition in Amendment 32 of the IMDG Code.
Section 176.76
Paragraph (i) is 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 satisfies 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 is consistent with
Amendment 32 of the IMDG Code. In addition, in paragraphs (h) and (i),
the words ``transport unit'' are 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) is revised to correct an error pertaining to the
Segregation Table that sets forth the general requirements for
segregation of containers on board hatchless container vessels. In
addition, throughout the section the words ``transport units'' are
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) is added to specify the provisions for segregation
groups.
Section 176.84
Paragraph (a) is revised to specify the various chemical groups
listed in the segregation table. In the paragraph (b) Table of
Provisions, we added 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 revised three notes.
The terms ``separated from'' and ``away from'' in the codes are defined
in Sec. 176.83 of the HMR.
Code 133 is 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 is added to the entry ``Aluminum alkyl halides, solid,''
UN3461, that requires the material to be stowed ``separated from''
UN2716.
Code 135 is 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 is added to the entry ``Tributylphosphane,'' UN3254, that
requires the material to be stowed ``separated from'' carbon
tetrachloride.
Code 137 is 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 is 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.
Code 139 is added to the entry ``1, 4-Butynediol,'' UN2716, that
requires the material to be stowed ``separated from'' mercury salts.
Code 140 is added to the entry ``1, 4-Butynediol,'' UN2716, that
requires the material to be stowed ``separated from'' UN3052 and
UN3461.
Code 141 is 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 is added to the entries for UN1748; UN2208; and UN2880,
that requires packages in cargo transport units to be stowed so as to
allow for adequate air circulation throughout the cargo.
Code 143 is 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 is 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 is 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 is 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.
A commenter questioned how adequate air circulation was achieved in
a cargo transport unit. In addition, the commenter stated that it fails
to understand why air circulation is necessary in a closed cargo
transport unit, as indicated by Stowage Provision 142. Stowage
Provision 142 indicates that packages in cargo transport units must be
stowed so as to allow for adequate air circulation throughout the
cargo. We feel cargo transport units that are properly loaded will
allow for the adequate circulation of air by natural means so as to
safeguard against excessive heat buildup within the cargo.
Section 176.116
In paragraph (c), the words ``transport units'' are revised to read
``cargo transport units.'' In addition, a new paragraph (f) is 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 are removed and reserved.
Section 176.128
In Sec. 176.128, the section heading and section are revised.
Section 176.132
Section 176.132 is removed and reserved.
Section 176.133
Section 176.133 is revised to clarify the construction and stowage
location requirements for magazine stowage type C.
Section 176.136
Section 176.136 is revised to clarify the special stowage
requirements of Class 1 (explosive) materials. In addition, minor
editorial revisions are made.
Section 176.138
Paragraph (a) is 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 change to Sec.
176.170.)
Section 176.142
Paragraph (a) is 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 added
to the above list the following new liquid entries:
[[Page 76058]]
``Organometallic substance, liquid, pyrophoric, UN3392''
``Organometallic substance, liquid, pyrophoric, water-
reactive, UN3394''
These changes are consistent with Amendment 32 of the IMDG Code.
Section 176.144
In this section, the words ``transport unit'' are 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 are 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'' is 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'' are revised to read
``CARGO TRANSPORT UNITS AND SHIPBORNE BARGES.''
Section 176.170
A new paragraph (b) is 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 change
is consistent with Amendment 32 of the IMDG Code.
Section 176.174
Paragraphs (a) and (b) are revised to remove the references to
portable magazines. This change is consistent with Amendment 32 of the
IMDG Code.
Section 176.600
In Sec. 176.600, in paragraph (a), the wording ``closed transport
units'' is revised to read ``closed cargo transport units.''
Part 178
Section 178.274
Paragraph (f)(v) is 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) is 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'' is 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)'' is 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'' is revised to read ``the UN Portable Tank Table
for Liquefied Compressed Gases in Sec. 173.313.''
Section 178.602
Paragraph (b) is revised to clarify the requirements applicable to
filling packaging other than bags in preparation for testing.
Section 178.603
Paragraph (c) is 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 specify the drop test height for liquids in single
packagings and for inner packagings of combination packagings, when the
test is performed in water.
Section 178.810
Paragraph (b)(3) is 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. In
addition, we added 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.We
received a comment from the Reusable Industrial Packaging Association
(RIPA) concerning this revision. RIPA believes that RSPA intended to
clarify that water/antifreeze solutions with a minimum specific gravity
of 0.95 are equivalent for testing purposes to IBCs containing only
water, thereby eliminating the need to adjust the drop height of test
units. RIPA stated that Sec. 178.810(b)(3) should be revised to
indicate that this solution may be considered equivalent to water for
testing purposes. We agree and have revised the section accordingly.
Part 180
Section 180.350
Paragraph (c) is revised to expand the definition of routine
maintenance of IBCs to include flexible, plastic and textile IBCs.
Section 180.352
Paragraph (d)(1)(iv) is revised to require persons other than the
owner of metal, rigid plastics, and composite IBCs to mark the IBC
indicating routine maintenance has been performed when such maintenance
is performed. A new paragraph (d)(1)(v) is added to this section. This
paragraph states 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 incorporates changes made to the 12th revised edition of
the Transport of Dangerous Goods Model Regulations into the HMR. Three
commenters requested that we revise Sec. 180.352 to distinguish
requirements applicable to repair and routine maintenance of IBCs. We
agree and have revised Sec. 180.352 creating a new paragraph entitled,
``Requirements applicable to routine maintenance of IBCs.''
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the following statutory
authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This final rule amends regulations 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. To this end, as discussed
in detail earlier in this preamble, the final rule amends the HMR to
more fully align it with the biennial updates of the UN
Recommendations, the IMDG Code and the ICAO Technical Instructions to
facilitate the transport of hazardous materials in international
commerce.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This final rule amends
the HMR to maintain alignment with international standards by
incorporating various amendments to facilitate the transport of
hazardous material in international commerce. To this end, as discussed
in detail earlier in this preamble, the final rule incorporates changes
into the HMR
[[Page 76059]]
based on the Thirteenth Revised Edition of the UN Recommendation,
Amendment 32 to the IMDG Code, and the 2005-2006 ICAO Technical
Instructions, which become effective January 1, 2005. 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; at the same time,
harmonization ensures the safety of people, property, and the
environment by reducing the potential for confusion and
misunderstanding that could result if shippers and transporters were
required to comply with two or more conflicting sets of regulatory
requirements. While the intent of this rulemaking is to align the HMR
with international standards, we review and consider each amendment on
its own merit based on its 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.
Thus, as discussed in detail earlier in this preamble, there are
several instances where we elected not to adopt a specific provision of
the UN Recommendations, the IMDG Code or the ICAO Technical
Instructions; further, we are maintaining a number of current
exceptions for domestic transportation that should minimize the
compliance burden on the regulated community.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final 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 final 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 final 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 final 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 final 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 are authorizing 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 regulatory evaluation is available for review in the
Docket.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final 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; and
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses covered subject items (1), (2), (3), and
(5) above and preempts State, local, and Indian tribe requirements not
meeting the ``substantively the same'' standard. This final rule is
necessary to incorporate changes adopted in international standards,
effective January 1, 2005. If the changes in this final rule are not
adopted in the HMR, U.S. companies, including numerous small entities
competing in foreign markets, are at an economic disadvantage. These
companies are forced to comply with a dual system of regulations. The
changes 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. The
effective date of Federal preemption is March 21, 2005.
D. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs, and is required by statute, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. 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
final rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. 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, battery
manufacturers, and
[[Page 76060]]
training companies. As discussed above, under Executive Order 12866,
the majority of amendments in this final 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 these
amendments. Additionally, the changes brought forth by this final rule
will relive U.S. companies, including small entities competing in
foreign markets, from the burden of complying with a dual system of
regulations. Therefore, I certify that these amendments will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
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.
F. 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 final 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 are minor editorial changes 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 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.
G. Regulatory 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.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA) 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 final 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.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) 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,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 176
Hazardous materials transportation, Incorporation by reference,
Maritime carriers, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
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.
[[Page 76061]]
0
In consideration of the foregoing, 49 CFR Chapter I is amended 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, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
2. In Sec. 171.7, in the paragraph (a)(3) table, the following changes
are made:
0
a. Under the entry ``International Civil Aviation Organization
(ICAO),'' the existing entry is revised;
0
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
removed and one entry is added in its place;
0
c. Under the entry ``United Nations,'' the entry ``UN Recommendations
on the Transport of Dangerous Goods, Twelfth Revised Edition (2001)''
is revised;
0
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
0
e. In paragraph (b), a new entry ``American Institute of Chemical
Engineers (AIChE),'' 3 Park Avenue New York, NY 10016-5991, Process
Safety Progress Journal, Vol. 21, No. 2, ``Example of a Test Method for
Venting Sizing: OPPSD/SPI Methodology'' is added in alphabetical order.
The revisions and additions 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 of 171.8; 171.11;
Dangerous Goods by Air (ICAO Technical 172.202; 172.401;
Instructions), 2005-2006 Edition................. 172.512; 172.602;
173.320; 175.33;
178.3.
International Maritime Organization (IMO),
* * * * * * *
International Maritime Dangerous Goods Code (IMDG 171.12; 172.202;
Code), 2004 Edition, Incorporating Amendment 32- 172.401; 172.502;
04 (English Edition), Volumes 1 and 2............ 172.602; 173.21;
176.2; 176.5;
176.11; 176.27;
176.30; 178.3.
* * * * * * *
United Nations,
* * * * * * *
UN Recommendations on the Transport of Dangerous 171.12; 172.202;
Goods, Thirteenth Revised Edition (2003), Volumes 172.401; 172.502;
I and II......................................... 173.22; 173.24;
173.24b; 173.197;
Part 173, appendix
H; 178.274; 178.801.
UN Recommendations on the Transport of Dangerous 172.102; 173.21;
Goods, Manual of Tests and Criteria, Fourth 173.56; 173.57;
Revised Edition, (2003).......................... 173.58; 173.115;
173.124; 173.125;
173.127; 173.128;
173.185.
* * * * * * *
------------------------------------------------------------------------
(b) List of informational materials not requiring incorporation by
reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
American Institute of Chemical Engineers (AIChE),
[[Page 76062]]
3 Park Avenue New York, NY 10016-5991
Process Safety Progress Journal, Vol. 21, No. 2
Example of a Test Method for Venting Sizing: OPPSD/ Note to Sec. 173.
SPI Methodology.................................. 225(h)(3)(vi).
* * * * * * *
------------------------------------------------------------------------
0
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.
* * * * *
0
4. In Sec. 171.11, paragraphs (d)(15) and (d)(17) are revised to read
as follows:
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 a passenger aircraft and cargo
aircraft only.
* * * * *
(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.
0
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.
* * * * *
0
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 shipper's 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.
* * * * *
0
7. In Sec. 171.14, paragraphs (d) introductory text, (d)(1), and
(d)(2) are revised to