Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air
Federal RegisterAug 24, 2010
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, 178, and 180
[Docket Nos. PHMSA-2009-0126 (HM-215K)]
RIN 2137-AE45
Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air
AGENCY:
Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.
ACTION:
Notice of proposed rulemaking (NPRM).
SUMMARY:
PHMSA proposes to amend the Hazardous Materials 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. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations.
DATES:
Comments must be received by October 25, 2010.
ADDRESSES:
You may submit comments by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Fax:
1-202-493-2251.
Mail:
Docket Management System; U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Hand Delivery:
To U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays.
Instructions:
Include the agency name and docket number PHMSA-2009-0126 (HM-215K) or RIN 2137-AE45 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to
http://www.regulations.gov
including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard.
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 (65 FR 19477), or you may visit
http://www.regulations.gov.
Docket:
You may view the public docket through the Internet at
http://www.regulations.gov
or in person at the Docket Operations office at the above address (
See
ADDRESSES
).
FOR FURTHER INFORMATION CONTACT:
Michael Stevens, Office of Hazardous Materials Standards, telephone (202) 366-8553, or Shane Kelley, International Standards, telephone (202) 366-0656, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
II. ANPRM
III. Harmonization Proposals in This NPRM
IV. Amendments Not Being Considered for Adoption in This NPRM
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the 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 Procedures and Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environment Assessment
J. Privacy Act
K. International Trade Analysis
I. Background
In a final rule published December 21, 1990 (Docket HM-181; 55 FR 52402), the Research and Special Programs Administration (RSPA), the predecessor agency to the Pipeline and Hazardous Materials Safety Administration (PHMSA), comprehensively revised the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 to 180) to harmonize U.S. hazardous materials transportation requirements with the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations). The UN Model Regulations are not regulations, but rather are recommendations issued by the UN Committee of Experts on the Transport of Dangerous Goods (UNSCOE) and the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). These Model Regulations are amended and updated biennially by the UNSCOE and serve as the basis for national, regional, and international modal regulations, including the International Maritime Organization's International Maritime Dangerous Goods Code (IMDG Code) and International Civil Aviation Organization Technical Instructions (ICAO TI) for the Transport of Dangerous Goods by Air.
Since publication of the 1990 rule, we have issued eight additional international harmonization rules (Dockets HM-215A, 59 FR 67390; HM-215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR 33316; HM-215E, 68 FR 44992; HM-215G, 69 FR 76044; HM-215I, 71 FR 78595; and HM-215J, 74 FR 2200) based on the corresponding biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO TI.
To maintain alignment of the HMR with international requirements, in this NPRM, we are proposing to incorporate changes based on the Sixteenth revised edition of the UN Model Regulations, Amendment 35-10 to the IMDG Code, and the 2011-2012 ICAO TI, which becomes effective January 1, 2011 (the IMDG Code is effective January 1, 2012).
Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101
et seq.
) permits PHMSA to depart from international standards in order to promote safety or other overriding public interest, but otherwise requires PHMSA to align the HMR with international transport standards and requirements to the extent practicable (
see
49 U.S.C. 5120). Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials to and from the United States and becomes increasingly important as the volume of hazardous materials transported in
international commerce grows. By facilitating compliance, harmonization also tends to enhance safety for international movements, but only if the international standards themselves provide an appropriate level of safety. To that end, PHMSA actively participates in the development of international standards for the transportation of hazardous materials, frequently advocating the adoption in international standards of particular HMR requirements.
When considering the adoption of international standards under the HMR, we review and evaluate each amendment on its own merit, on the basis of its 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.
II. ANPRM
On October 21, 2009, PHMSA published an advance notice of proposed rulemaking (ANPRM; 74 FR 53982) highlighting issues under consideration for harmonization with international standards and requesting comments as to whether the HMR should be amended to incorporate specific international standards and the potential benefits and costs of doing so. The following companies and organizations submitted comments in response to the ANPRM:
(1) Institute of Makers of Explosives (IME; PHMSA-2009-0126-0003);
(2) United Parcel Service (UPS; PHMSA-2009-0126-0005);
(3) Sporting Arms and Ammunition Manufacturers' Institute (SAAMI; PHMSA-2009-0126-0006);
(4) Dangerous Goods Advisory Council (DGAC; PHMSA-2009-0126-0007);
(5) Reusable Industrial Packaging Association (RIPA; PHMSA-2009-0126-0008);
(6) Association of Hazmat Shippers, Inc. (AHS; PHMSA-2009-0126-0009);
(7) U.S. Fuel Cell Council (USFCC; PHMSA-2009-0126-0010);
(8) The Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA; PHMSA-2009-0126-0011);
(9) Federal Express (FedEx; PHMSA-2009-0126-0012);
(10) American Petroleum Institute (API; PHMSA-2009-0126-0013);
(11) American Coatings Association, Inc. (ACA; PHMSA-2009-0126-0014);
(12) PPG Industries, Inc. (PPG; PHMSA-2009-0126-0016);
(13) E.I. DuPont de Nemours and Company (DuPont; PHMSA-2009-0126-0018);
(14) The Alliance of Special Effects and Pyrotechnics Operators, Inc. (ASEPO; PHMSA-2009-0126-0020).
Comments on specific harmonization issues are discussed below.
A. Classification of Sour Crude Oil
Transportation of sour crude oil may pose risks due to its inherent potential of evolving hydrogen sulfide, a highly toxic and flammable gas. Sour crude oil, commonly found in North America, contains a high concentration of sulfur. The evolution of hydrogen sulfide vapors from crude oil is dependent on temperature, packaging confinement, transport conditions (
e.g.,
sloshing), bacteria, and sulfur concentration, among many other potential factors. Based on the risk of toxic vapors, the UN Model Regulations were amended by assigning a new identification number and shipping description for sour crude oil with a flammable primary hazard and a toxic subsidiary hazard. Additionally, a new special provision was added specifying the assignment of a Packing Group (PG) based on the degree of danger presented by either the flammability or toxicity hazard of the sour crude oil. For example, sour crude oil meeting flammability criteria for Class 3, PG II, and toxicity criteria for Division 6.1, PG I, poisonous-by-inhalation, would be classified as a Class 3, PG I material.
In the ANPRM, PHMSA invited commenters to provide data and information concerning the impact on domestic shippers and carriers if these requirements are adopted in the HMR. The agency also asked for comments addressing which hazard communication methods (
e.g.,
package markings, shipping papers) and/or packaging requirements are most cost-effective for communicating the hazards and reducing the risks of transporting sour crude oil.
We received two comments (API, DGAC) opposing adoption of the UN amendments for the description and classification of sour crude oil into the HMR. DGAC recommends against requiring domestic use of the new proper shipping name for sour crude oil with a Division 6.1 subsidiary risk and recommends that use be limited to international transport. The DGAC states:
[T]he new [proper shipping name] would introduce impracticalities into the collection and transport of crude oil * * * Crude oil carriers, who currently use flammable liquid placards displaying UN1267 and who typically use permanent shipping papers, would now be required to assess the inhalation hazard of each crude oil batch they transport and switch to other placards and shipping papers based on their assessment. In addition, § 173.244 would suggest that some of these crude oils with a Division 6.1 subsidiary risk would be required to be transported in higher integrity bulk packagings. We consider this highly inappropriate. The concentration of [hydrogen sulfide] in the liquid crude oil phase under classification conditions will not predict the hydrogen sulfide concentration in the headspace during transport. It is not possible to use existing UN classification criteria for [D]ivision 6.1 in classifying crude oils as inhalation hazard substances or assigning the packing group. We also noted that classification on the basis of the possible evolution of [hydrogen sulfide] vapors is unprecedented and that there are other substances with the potential to evolve hydrogen sulfide vapors * * * Exposure to high concentrations of [hydrogen sulfide] is most likely when the cargo tank truck is opened or when a tank is reloaded * * * The hazard is essentially a workplace hazard. For purposes of the HMR, DGAC recommends limiting the provisions to cargo tank truck [loading and unloading] operations.
DGAC recommends that PHMSA require drivers engaged in the loading and unloading of sour crude oil to wear a hydrogen sulfide monitoring device and have respiratory protection accessible, and require warning signs at the cargo tank manhole and area of operation.
In its comments, API recognizes that hydrogen sulfide is a hazard, but suggests that classification of crude oil at the time of shipment may not reflect the toxicity of hydrogen sulfide in the vapor space of a cargo tank or other packaging after the crude oil has been in transportation. API also notes that there are best industry practices already in place. API states:
[C]reation of a new classification scheme with the addition of a new [proper shipping name] for sour crude oil, and leaving the current classification and [proper shipping name] for “other” crude oils, will increase risks at this time, DOT should not harmonize the HMR with the new amendments in the UN Model Regulations regarding classification of sour crude. Before changing the HMR, criteria for sour crude should be defined and a valid test methodology should be developed * * * the occurrence of hazardous levels of [hydrogen sulfide] cannot be predicted from the liquid state [of crude oil]. Safe transport of these materials * * * is best accomplished through training, proper handling procedures, monitoring, and use of proper personal protective equipment, and not a separate identification number, shipping description, or packing group for sour crude oils * * * Until an accurate and accepted method for predicting [hydrogen sulfide] evolution [into the vapor space of packaging] and a corresponding toxicity and
hazard during transport is available. * * * The U.S. government should not propose adoption of the [UN] classification scheme in the HMR.
API adds that the Occupational Safety and Health Administration (OSHA) has requirements in place to communicate the hazards of hydrogen sulfide in the workplace. API supports other means of hazard communication to ensure that workers are aware of the hazards of hydrogen sulfide such as a marking on a bulk packaging.
Currently, petroleum crude oil is listed as a Class 3 flammable liquid in the § 172.101 Hazardous Materials Table (HMT). PHMSA is aware that, in some instances, petroleum crude oil may evolve hydrogen sulfide gas, a toxic-by-inhalation material. When transported in bulk packagings such as cargo tanks, the evolved hydrogen sulfide gas may build up in the vapor space of the packaging, posing a potential risk, in particular, during loading and unloading. The following table illustrates the dangerous effects of hydrogen sulfide gas exposure to humans:
Effects of Hydrogen Sulfide on Humans
1
Effect
Concentration (ppm)
Detectable odor
0.2
Maximum allowable concentration for daily 8-hour exposure
20
Eye and respiratory irritation
50
Olfactory nerve paralysis
150
Exposure may cause pulmonary edema
250
Systemic symptoms occur in
1/2
hour
500
Quickly unconscious; death without rescue
750
Rapid collapse; respiratory paralysis
1,000
Immediate death
5,000
The
agency agrees with the commenters that a new proper shipping name is not necessary and that there are more cost-effective ways to communicate the potential inhalation hazard risk to transport workers. Therefore, in this NPRM, PHMSA proposes to include the new proper shipping name in the UN Model Regulations—“Petroleum sour crude oil, flammable, toxic”—with the letter “I” in Column (1) of the HMT indicating that this description may be used for international transportation. However, PHMSA is not proposing to require use of the new proper shipping name for domestic transportation. Additionally, PHMSA is proposing a new marking be applied to bulk packagings containing sour crude in order to communicate the potential inhalation risk in transportation.
See
Section 172.327 for a discussion of proposed marking requirements.
1
References: Milby T. Baselt R. Hydrogen sulfide poisoning. Clarification of some controversial issues.
Am J Ind Med.
1999; 35: 192-195. Beauchamp R, Bus J, Popp J, Boreiko C, Andjelkovich D. A critical review of the literature on hydrogen sulfide toxicity.
CRC Crit Rev Toxicol.
1984; 13:25-97. Deng J. Hydrogen sulfide. In: Sullivan J, Kreiger G, eds.
Hazardous Materials Toxicology: Clinical Principles of Environmental Health.
Baltimore: Williams and Wilkins; 1997: 711-717. National Institute for Occupational Safety and Health.
Criteria for a Recommended Standard for Occupational Exposure to Hydrogen Sulfide.
Washington, DC: U.S. Government Printing Office; 1977: 23. DHEW (NIOSH) Publication No. 77-158.
B. Classification of Division 1.4S Explosives
For eight Division 1.4 explosive articles (UN0323, UN0366, UN0441, UN0445, UN0455, UN0456, UN0460, and UN0500), the UN Model Regulations have been amended to require a Type 6(d) test to determine whether an article may be assigned to Compatibility Group S. The test is performed on a single package containing an explosive substance or explosive article to determine if the package is capable of containing any hazardous effects in the event of an accidental initiation or ignition of its contents. The amendments include revisions to the explosives testing standards in the UN Manual of Tests and Criteria and include a new special provision that would allow the use of the above mentioned identification numbers only if the results of test Type 6(d) successfully demonstrate that any hazardous effects are confined within a package. In the ANPRM, we invited commenters to provide data and information concerning the possible safety impacts of the new test provisions and compliance costs that would be incurred if the new test is adopted in the HMR. In addition, we invited commenters to provide suggestions or recommendations concerning whether to apply the test to already-approved explosives.
We received several comments both supporting (COSTHA, DGAC, and IME) and opposing (ASEPO and SAAMI) adoption of the Type 6(d) test to determine whether a Division 1.4 explosive article may be assigned to Compatibility Group S. All the commenters who addressed this issue indicate that, if adopted, the test must be applied to previously-approved articles in a manner that is reasonable and not overly broad. A suggestion by both DGAC and IME is to allow the classification of previously-approved explosive articles to be based on results of testing of product groups by a PHMSA-approved laboratory or based on results of self-testing and video documentation by the manufacturer.
Concerning compliance costs, IME states:
[D]epending upon the laboratory, the cost of performing the test will range from $1,000 to $5,000 per article tested. This estimate includes the cost of samples consumed in testing, the cost of transporting those samples to the laboratory, and the cost of set up, performance, and evaluation of the test. In the case of already approved explosives, if self-testing is allowed, the cost per article tested might be somewhat reduced. Also, the cost of the test will be influenced by the extent to which testing is required * * * If the current practice of family classifications is maintained, where “worst-case” representative samples are allowed for evaluation of groups of similar articles, the number of tests and the cost of those tests will be reduced.
ASEPO and SAAMI oppose adoption of the Type 6(d) test. SAAMI suggests that more research on the practical effect of this testing requirement is necessary and that the lack of grandfathering criteria for products already approved as Division 1.4S explosives (
e.g.,
power device cartridges) is impractical, expensive, and impedes commerce. Concerning compliance costs, ASEPO states:
[O]ur organization has contacted all the authorized laboratories regarding the cost of conducting the testing. While the “several thousand dollars” figure for testing alone often associated with discussions of such inquiries is not inaccurate, it is important to note that we also received a detailed proposal
from one laboratory for $10,000 and one for $13,000 for this [Type 6(d)] test.
ASEPO also indicates concern regarding the cost of articles consumed in testing in addition to the cost of pre-testing or redesign of an article by a manufacturer to ensure passing the Type 6(d) test, but did not quantify these costs.
While PHMSA understands that additional required tests usually result in increased research and development costs, we believe there is merit to additional required tests when there is a credible and measureable increase in safety. Consequently, PHMSA proposes to require the incremental testing of all new and previously approved designs, depending on the intended mode of transport, under the newly adopted criteria for those affected articles expected to obtain or retain a Division 1.4S classification. For newly produced explosive articles, a person who successfully performs the Type 6(d) test would not be required to also perform the Type 6(a) test. PHMSA believes such initiatives will greatly reduce research and development costs without compromising safety.
In this NPRM, PHMSA proposes to require the Type 6(d) test as prescribed in Section 16.7 of the Fifth revised edition of the UN Manual of Tests and Criteria in the new § 172.102(c)(1), Special provision 347. PHMSA is proposing that for affected articles intended for transportation by aircraft, the effective date of this new requirement is April 1, 2011. If a manufacturer or approval holder of affected articles that previously classed and approved an article as Division 1.4S chooses to continue offering such shipments by aircraft, the articles must be successfully tested under Test Series 6(d) and a new approval obtained from PHMSA. Additionally, a previously classed and approved Division 1.4S article that is not successfully tested under Test Series 6(d) must be assigned to a compatibility group other than “S” (
e.g.,
B, C, or D) prior to the April 1, 2011 effective date if intended for transportation by aircraft on or after that date. PHMSA is also proposing that the effective date of testing to maintain Division 1.4S classification or reclassification to a higher compatibility group other than “S” is no later than January 1, 2014 for Division 1.4S articles approved prior to January 1, 2012 and are intended for domestic highway or rail transportation. For previously-approved affected articles transported by highway, rail and vessel, reclassification to a compatibility group other than “S” may be accomplished by using existing data and when recommended by an authorized examination and testing agency approved by PHMSA. For international highway, rail and vessel transportation, the proposed effective date of Type 6(d) testing requirements or reclassification for new and previously produced affected articles is January 1, 2012 (
i.e.,
the compliance date of a final rule under this docket, if adopted as proposed).
C. IBC Rebottling
Under both the UN Model Regulations and the HMR, replacement of the rigid plastic receptacle of a composite IBC is considered a “repair” under certain conditions and, thus, not subject to design qualification testing as a new or different design. The UN Model Regulations were amended to specify that a replacement bottle (
i.e.,
rigid plastic receptacle) must be of the original tested design type and limits the replacement to a bottle from the original manufacturer. In the ANPRM, we invited comments on this amendment and how, if adopted in the HMR, it would impact the use of IBCs in domestic or international commerce.
All commenters who addressed this issue (DGAC, DuPont, and RIPA) support the adoption of the UN Model Regulations definition of “repair” for IBC rebottling purposes. The comments include a request for an extended compliance date of January 1, 2012, to provide users and manufacturers of composite IBCs adequate time to implement the provision and not place them at an economic disadvantage with international counterparts. In this NPRM, we are proposing to adopt the revised definition of “repair” for composite IBCs consistent with international standards. Additionally, to address commenter concern, PHMSA reminds them of the proposed compliance date of a final rule under this docket would be no earlier than January 1, 2012.
See
Section 180.350 for a discussion of the proposed revision.
D. Limited Quantities and Consumer Commodities
PHMSA has long recognized the need to authorize limited exceptions for the transportation of certain hazardous materials described as limited quantities or consumer commodities. Considerable efforts have recently been made internationally to harmonize multi-modal standards with regard to the transport of limited quantities, including consumer commodities. PHMSA held public meetings on this issue in February, 2006 and March, 2008 to discuss potential impacts on domestic stakeholders. Additionally, this issue was discussed during the agency's pre-UN public meetings held in 2006 and 2007. There was considerable domestic interest in pursuing further harmonization internationally due to the potential for substantial savings in transportation costs and improved transportation efficiency. In the ANPRM, PHMSA invited comments on this issue with regard to aligning the HMR with the UN Model Regulations for the domestic and international transport of limited quantities and consumer commodities. Of particular concern, was any potential negative impact on the domestic transportation of hazardous materials reclassed as Consumer commodity, ORM-D. While some changes adopted in the UN Model Regulations are similar to those currently in the HMR (
e.g.,
inner packaging limits and authorized use of non-specification outer packagings), some changes are not (
e.g.,
marking, labeling and package gross mass). PHMSA suggested that, depending on comments received and our own evaluation, the agency may determine that the significance of any amendments on this issue may warrant a separate rulemaking action.
We received several comments (ACA, AHS, COSTHA, DGAC, DuPont, FedEx, PPG, SAAMI, and UPS) supporting adoption of the UN Model Regulation limited quantity provisions into the HMR. UPS urges PHMSA to move to adopt the Limited Quantity provisions as contained in the UN Model Regulations, stating:
[B]y * * * phasing out the current provisions of 49 CFR on a well-publicized schedule, PHMSA will improve the general understanding * * * [I]t is the understanding of UPS that PHMSA may be contemplating replacement of the current ORM-D classifications with the Limited Quantity provisions of the UN Model Regulations. UPS supports such a change * * * The U.S. is unique in its use of the ORM-D classification; other countries do not always recognize the meaning of the ORM-D marking, which means that packages intended for global commerce must be marked in more than one way. While PHMSA has held that such dual (or multiple) markings are authorized, multiple markings complicate hazard communication and have the potential to confuse both shipper and carrier personnel.
AHS adds:
To cut back to one system, using one mark, without shipping documents and descriptions for each separate inner receptacle, would enhance compliance and comprehension throughout the transportation system.
However, several commenters (ACA, DGAC, DuPont, and SAAMI) express concern that this should not be done at
the expense of the ORM-D provisions currently in the HMR. ACA opposes the elimination of the existing provisions for ORM-D materials as part of HM-215K and recommends that any changes to the requirements be made through a separate rulemaking. SAAMI states:
[SAAMI] welcome[s] changes to the Limited Quantities (LQ) system which will reduce the regulatory burden for lower hazard products in consumer sized packages * * * and government and industry need time to use the new system and work out any bugs. If in the future LQ is shown to have all the benefits of ORM-D, then ORM-D can be phased out. Meanwhile, the ORM-D system in the US should remain unchanged.
DGAC notes:
[S]ome items eligible for ORM-D classification are not permitted as limited quantities (
e.g.,
small arms ammunition). In addition, we note that ORM-D provisions in § 173.156 important to retail sale of consumer commodities are not applicable to limited quantities of hazardous materials. We also note that the US Postal Service regulations allow some ORM-D materials to be transported by mail. Eliminating ORM-D provisions could adversely impact use of the mail for packages of some ORM-D materials (
e.g.,
recycling of small spent fuel cell devices).
PHMSA believes that aligning the existing limited quantity provisions in the HMR with the international standards will substantially enhance safety. The agency emphasizes that the proposals in this NPRM do not include the immediate or short-term removal of the existing “limited quantity” provisions in the HMR (including Consumer commodities, Cartridges, small arms and Cartridges, power device in the ORM-D hazard class). Because the limited quantity provisions in the UN Model Regulations and the IMDG Code are closely aligned with those already contained in the HMR, domestic alignment for highway, rail and vessel transportation will result in minimal impact and regulatory burden. And, because of the inherent risk unique to air transportation, we believe full harmonization with the ICAO TI (where appropriate) is necessary with regard to the materials authorized and quantity limits for limited quantities (including consumer commodities) intended for transport by air. The following table is used to illustrate the differences that exist between the HMR and corresponding international modal standards regarding limited quantities and consumer commodities:
Limited Quantities and Consumer Commodities
Requirement
HMR LQ
HMR ORM-D
UN LQ
ICAO TI LQ
IMDG CODE LQ
Marking
PSN or UN diamond/ID# (§§ 172.301 and 172.315)
“ORM-D” or “ORM-D-AIR” “Consumer commodity” (§ 172.316)
UN diamond/ID# unless consumer commodity (ID# not required)
PSN, ID# or diamond and “LTD QTY.”
UN diamond/ID# unless consumer commodity (ID# not required). Exception includes MARPOL.
Labeling
None unless Division 6.1, Packing Groups II and III
None
None
Required
None (Placard-size CTU LQ mark required).
Documentation
Required
ORM-D-AIR only unless RQ, waste or MARPOL
Required unless a consumer commodity
Required
Required unless consumer commodity.
Material Authorizations
PSN entry must cite exception section in Column (8A) of HMT, typically one of the following:
• Divisions 2.1 and 2.2 (gases and aerosols)
• Class 3 (PG II, III)
• Division 4.1 (Flam solids), PG II, III
• Division 4.3, PG II, III
• Division 5.1, PG II, III
• Division 5.2, Types B, C, D, E, F
• Division 6.1, PG II, III
• Class 8, PG II, III
• Class 9
Compared to UNMR the HMR:
• Permits (23) PG I Class 3 materials as LQ.
• Permits (11) Class 9 materials as LQ
Generally, all materials authorized LQ except for Division 6.1, PG II (unless drug or medicine)
Similar to HMR except as follows:
• Division 2.2 only (except aerosols)
• Certain Class 9 materials not authorized LQ
Compared to HMR, the UNMR:
• Permits (9) PG I Class 3 materials as LQ
• Permits (10) Class 9 materials as LQ.
• Aerosols (Divisions 2.1, 2.1 w/sub risks) and Small receptacles (Divisions 2.1, 2.2 w/o sub risks)
• Class 3, PG II, III.
• Division 4.1, PG II, III (no self-reactives)
• Division 4.3, PG II, III (solids only)
• Division 5.1, PG II,III
• Division 5.2, Types C, D, E, F when part of PRK, FAK or CK
• Division 6.1, PG II, III
• Class 8, PG II, III excluding 2794, 2795, 2803, 2809 and 3028 (batteries, gallium, mercury)
• Class 9 (1941, 1990, 2071, 3077, 3082, 3316 only)
Generally, aligned with UNMR with minor vessel-unique requirements.
LQ Quantity Limits
• Aerosols more restrictive than UNMR, ICAO TI and IMDG Code
• Classes and Divisions 3-9 generally aligned w/int'l codes except for materials w/primary or sub risk of Division 6.1, PG II and III
ORM-D-AIR inner packaging quantity limits are specified in § 173.27 and are based on Column (9A) and (9B) values in the HMT, or, in §§ 173.150-173.155 and 173.306, whichever value is more restrictive. They normally exceed the ICAO TI inner packaging quantity limit values for LQ
Generally, aligned with HMR w/minor differences (
e.g.,
Division 6.1 and Class 9 materials)
• Aerosols/Small receptacles: 30 Kg G
• Inner and outer packaging quantity limits generally aligned with UNMR
Generally, aligned with UNMR with minor vessel-unique requirements.
Based on the favorable comments received in response to the ANPRM, PHMSA proposes to adopt limited quantities provisions into the HMR based on the UN Model Regulations, IMDG Code and the ICAO TI that include a transitional period sufficient in length to allow stakeholders adequate time to comply with the new requirements. We are proposing to authorize immediate voluntary compliance with the new requirements upon the effective date of any final rule. Additionally, we are proposing to eliminate the ORM-D and ORM-D-AIR hazard class limited quantities described as “Consumer commodities” after three years, effective January 1, 2014, if the amendments proposed in this notice are adopted in a final rule. Such materials or articles would simply become limited quantities based on risk rather than their intended end-use. Additionally, for transportation by domestic highway or rail, alignment of the HMR with international standards actually increases the number of exceptions provided to limited quantities and consumer commodities when compared to current HMR requirements for such materials and articles. To address comments regarding exceptions provided by the HMR to consumer commodities under § 173.156, we are proposing to extend the exceptions to all limited quantities regardless of their end-use. To address the comment regarding the U.S. Postal Service (USPS) allowing certain packages classed as ORM-D in the postal system, we intend to work very closely with our USPS counterparts to ensure a seamless transition to the new HMR requirements and assist them in any way we can.
For Cartridges, small arms and Cartridges, power device in the ORM-D hazard class, we are proposing to also continue authorizing such articles indefinitely under the exceptions provided in § 173.63 of the HMR for domestic transportation by highway or rail. For more discussion of proposed amendments to the HMR as a result of the further alignment with international standards,
see
the detailed discussion in the affected sections under the “Section-by-Section Review.” The following sections are affected by the amendments proposed in this NPRM regarding limited quantities and consumer commodities:
• § 172.203 Additional description requirements.
• § 172.315 Packages containing limited quantities.
• § 172.316 Packages containing materials classed as ORM-D.
• § 172.500 Applicability of placarding requirements.
• § 173.25 Authorized packagings and overpacks.
• § 173.27 General requirements for transportation by aircraft.
• § 173.63 Packaging exceptions.
• § 173.144 Other regulated materials (ORM)—Definitions.
• § 173.150 Exceptions for Class 3 (flammable and combustible liquids).
• § 173.151 Exceptions for Class 4.
• § 173.152 Exceptions for Division 5.1 (oxidizers) and Division 5.2 (organic peroxides).
• § 173.153 Exceptions for Division 6.1 (poisonous materials).
• § 173.154 Exceptions for Class 8 (corrosive materials).
• § 173.155 Exceptions for Class 9 (miscellaneous hazardous materials).
• § 173.156 Exceptions for ORM materials.
• § 173.161 Chemical kits and first aid kits.
• § 173.165 Polyester resin kits.
• § 173.167 Consumer commodities.
• § 173.230 Fuel cell cartridges containing hazardous material.
• § 173.306 Limited quantities of compressed gases.
E. Metal Hydride Storage Systems in Conveyances
A metal hydride storage system is a single complete hydrogen storage system that includes a receptacle, metal hydride, a pressure relief device, a shut-off valve, service equipment, and internal components. The HMR currently do not prescribe specific packaging or shipping methods for metal hydride storage systems containing hydrogen. However, PHMSA has issued a number of special permits to allow the use of these systems for transport. The UN Model Regulations, in new Packing Instruction P205, prescribe standards for the construction, qualification, marking and requalification of such systems. In the ANPRM, PHMSA invited comments on whether similar standards should be adopted in the HMR.
One commenter (DGAC) supports adoption of the standards for the construction, qualification, marking, and requalification of metal hydride storage systems containing hydrogen. Thus, in this NPRM, PHMSA is proposing to adopt the standards for the construction, qualification, marking and requalification of hydrogen in metal hydride storage systems adopted in the UN Model Regulations.
See
Section 173.311 for a detailed discussion of proposed requirements.
F. In Vitro Testing for Corrosivity
In 1993, RSPA (the predecessor agency to PHMSA) began recognizing an alternative test method (
i.e., in vitro
testing) to determine the corrosivity of a hazardous material for transportation purposes under the terms and conditions specified in a special permit (DOT-SP 10904). Similar
in vitro
test
methods are prescribed in the following Organization for Economic Cooperation and Development (OECD)
Guidelines for the Testing of Chemicals
and were adopted in the UN Model Regulations:
• No. 430,
In Vitro
Skin Corrosion: Transcutaneous Electrical Resistance Test (TER) (2004);
• No. 431,
In Vitro
Skin Corrosion: Human Skin Model Test (2004); and,
• No. 435,
In Vitro
Membrane Barrier Test Method for Skin Corrosion (2006).
Because methods 430 and 431 can be used to determine corrosivity for other than transportation purposes, they cannot be used to determine the Packing Group (PG) assignment of a material that tests positive for corrosivity for the purposes of hazardous materials transportation. A negative result for corrosivity under methods 430 and 431 can, however, preclude further testing to determine the PG assignment using method 404, the current OECD Guideline involving
in vivo
testing or, method 435, the newly adopted OECD Guideline involving
in vitro
testing.
We received three comments (DGAC, DuPont, and PPG) supporting adoption and use of the OECD
in vitro
test methods for determining corrosivity on the basis of reducing the number of tests requiring live animals.
Based on the overwhelming support for adoption in the HMR, in this NPRM PHMSA is proposing to adopt and authorize the use of the OECD
in vitro
methods.
See
§ 173.137 for further discussion of such methods.
III. Harmonization Proposals in This NPRM
In this NPRM, PHMSA is proposing the following amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO TI, and the IMDG Code:
•
Hazardous Materials Table (HMT):
Amendments to the HMT to 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.
•
Limited Quantity Exceptions:
Amendments for the highway, rail, and vessel transportation of limited quantities are based on the recently adopted limited quantity provisions in the UN Model Regulations and IMDG Code. Amendments for the air transportation of limited quantities are based on the 2011-2012 revision of the ICAO TI. In addition, amendments are proposed to provide a transition period for complete alignment of the HMR limited quantity eligibility (including consumer commodities and certain articles of Class 2 and Division 1.4S reclassed as ORM-D), when transported by all modes (domestic and international), in accordance with HMR requirements that are based on international standards for limited quantities and consumer commodities.
•
Organic Peroxide Tables:
Amendments to the Organic Peroxide Tables to add, revise, or remove certain hazardous materials and provisions.
•
Incorporation by Reference:
Amendments to incorporate by reference the 2011-2012 ICAO TI, Amendment 35-10 to the IMDG Code, and the Sixteenth Revised Edition of the UN Model Regulations. Additionally, we are proposing to update our incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 6 (SOR/2008-34) February 7, 2008 (pertains to miscellaneous amendments); and Amendment 7 (SOR/2007-179) August 22, 2007 (pertains to highway cargo tanks). This incorporation by reference augments the broad reciprocity provided in 171.12 where the HMR allow the use of the Canadian TDG Regulations under certain conditions when transporting hazardous materials to or from Canada by highway or rail.
•
Petitions for Rulemaking:
We are addressing one petition for rulemaking: P-1550, from the People for the Ethical Treatment of Animals (PETA) requesting that PHMSA incorporate by reference OECD Guidelines 430, 431 and 435 into the HMR that prescribe
in vitro
testing methods for determining corrosivity.
•
Classification of Sour Crude Oil: See
ANPRM comment summary for discussion of issue and PHMSA proposal.
•
Classification of Certain Division 1.4S Explosives: See
ANPRM comment summary for discussion of issue and PHMSA proposal.
•
IBC Rebottling: See
ANPRM comment summary for discussion of issue and PHMSA proposal.
•
Metal Hydride Storage Systems in Conveyances: See
ANPRM comment summary for discussion of issue and PHMSA proposal.
IV. Amendments Not Being Considered for Adoption in This NPRM
This NPRM proposes changes to the HMR based on amendments made in the UN Model Regulations (Sixteenth revised edition), IMDG Code (Amendment 35-10) and the ICAO TI (2011-2012), which become effective January 1, 2011 (the IMDG Code is effective January 1, 2012). We are not, however, proposing to adopt all the amendments made to the various international standards into the HMR. In many cases, amendments to the international recommendations and regulations have not been adopted because the framework or structure of the HMR makes adoption unnecessary. In other cases, we have handled, or will be handling, the amendments in separate rulemaking proceedings. If we have inadvertently omitted an amendment in this NPRM, we will attempt to include the omission in the final rule. However, our ability to make changes in a final rule is limited by requirements of the Administrative Procedure Act (5 U.S.C. 553). In some instances, we can adopt a provision inadvertently omitted in the NPRM if it is clearly within the scope of changes proposed in the notice, does not require substantive changes from the international standard on which it is based, and imposes minimal or no cost impacts on persons subject to the requirement. Otherwise, in order to provide opportunity for notice and comment, the change must first be proposed in an NPRM.
One of the goals of this rulemaking is to continue to maintain consistency between the HMR and the international requirements. We are not striving to make the HMR identical to the international regulations but rather to remove or avoid potential barriers to international transportation.
Below is a listing of those significant amendments to the international regulations that we are not proposing to adopt in this NPRM, with a brief explanation of why the amendment was not included:
Requirements for Radioactive Materials.
Notwithstanding two minor shipping paper and labeling amendments, we are not proposing to adopt provisions pertaining to the transportation of Class 7 (radioactive) materials. Amendments to requirements pertaining to the transportation of Class 7 (radioactive) materials are based on changes contained in the International Atomic Energy Agency (IAEA) publication, “IAEA Safety Standards: Regulations for the Safe Transport of Radioactive Materials.” Due to their complexity, these changes are being addressed in a separate rulemaking.
Requirements for Lithium Batteries.
On January 11, 2010, we published an NPRM (HM-224F; 75 FR 1302). The NPRM includes provisions to ensure all lithium batteries are packaged to reduce the possibility of damage that could lead to a catastrophic incident, and minimize the consequences of an incident should one occur. In addition, PHMSA
proposed to require lithium battery shipments to be accompanied by hazard communication that ensures appropriate and careful handling by air carrier personnel, including the flight crew, and informs both transport workers and emergency response personnel of actions to be taken in an emergency. The NPRM, which PHMSA developed in close coordination with our colleagues in the Federal Aviation Administration, is the latest in a series of actions PHMSA has taken to address the very serious risks posed by lithium batteries in transportation. The NPRM includes revisions to the HMR that are based on lithium battery provisions in the Sixteenth revised edition of the UN Model Regulations. Therefore, except for wheelchairs powered by lithium ion batteries, we are not proposing to adopt new provisions pertaining to the transportation of lithium cells and batteries in this rulemaking. The docket for the lithium battery rulemaking can be found elsewhere at
http://www.regulations.gov
under
PHMSA-2009-0095.
Requirements for Air Packaging.
We are not proposing to adopt provisions pertaining to certain packagings offered for transportation by aircraft under this rulemaking. PHMSA is considering certain amendments to the HMR related to requirements for the packaging of hazardous materials intended for transportation by aircraft under a separate docket (HM-231A). These would include amendments based on the reformatted packing instructions in the 2011-2012 ICAO TI. PHMSA published an ANPRM on July 7, 2008 (73 FR 38361) and, on May 14, 2010, an NPRM (75 FR 27273).
See http://www.regulations.gov
under PHMSA-2007-29364 for more information.
V. Section-by-Section Review
Following is a section-by-section review of the amendments proposed in this NPRM:
Part 171
Section 171.7
The “National Technology Transfer and Advancement Act of 1996” directs agencies to use voluntary consensus standards. According to the Office of Management and Budget (OMB), Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,” government agencies must use voluntary consensus standards wherever practical in the development of regulations. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety, and protects the environment.
To these ends, PHMSA actively participates in the development and updating of consensus standards through representation on more than 20 consensus standard bodies. PHMSA regularly reviews updated consensus standards and considers their merit for inclusion in the HMR.
Section 171.7 lists all standards incorporated by reference into the HMR. For this rulemaking, we evaluated updated international consensus standards pertaining to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements and determined that the revised standards provide an enhanced level of safety without imposing significant compliance burdens. These standards have a well-established and documented safety history; their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, we propose to update by adding and revising the incorporation by reference materials under the following organizations:
• The
American Society for Testing and Materials (ASTM)
○ ASTM D56-05, Standard Test Method for Flash Point by Tag Closed Tester (Referenced in § 173.120(c)(1)(i)(A); Added to § 171.7).
○ ASTM D86-07a, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure (Added; Referenced in § 173.121).
○ ASTM D93-08, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester (Referenced in § 173.120(c)(1)(ii)(A); Added to § 171.7).
○ ASTM D1078-05, Standard Test Method for Distillation Range of Volatile Organic Liquids (Added; Referenced in § 173.121).
○ ASTM D3278-96(2004)e1, Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus (Referenced in § 173.120(c)(1)(i)(B); Added to § 171.7).
○ ASTM D3828-07a, Standard Test Methods for Flash Point by Small Scale Closed cup Tester (Referenced in § 173.120(c)(1)(i)(C); Added to § 171.7).
• The
International Civil Aviation Organization (ICAO)
Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2009-2010 Edition would be revised to incorporate 2011-2012 Edition.
• The
International Convention for the Safety of Life at Sea (SOLAS)
Amendments 2002, Chapter II-2/Regulation 19, Consolidated Edition 2004 would be revised to incorporate the 2009 Edition.
• The
International Maritime Organization (IMO)
International Maritime Dangerous Goods Code, 2008 Edition, Incorporating Amendment 33-08, English Edition, Volumes 1 and 2 would be revised to incorporate Amendment 35-10.
• The
International Organization for Standardization (ISO)
○ ISO 1516:2002 Determination of flash/no flash—Closed cup equilibrium method (Added; Referenced in § 173.120).
○ ISO 1523:2002 Determination of flash point—Closed cup equilibrium method (Added; Referenced in § 173.120).
○ ISO 2719:2002 Determination of flash point—Pensky-Martens closed cup method (Added; Referenced in § 173.120).
○ ISO 3405:2000 Petroleum products—Determination of distillation characteristics at atmospheric pressure (Added; Referenced in § 173.121).
○ ISO 3679:2004 Determination of flash point—Rapid equilibrium closed cup method (Added; Referenced in § 173.120).
○ ISO 3680:2004 Determination of flash/no flash—Rapid equilibrium closed cup method (Added; Referenced in § 173.120).
○ ISO 3924:1999 Petroleum products—Determination of boiling range distribution—Gas chromatography method (Added; Referenced in § 173.121).
○ ISO 4626:1980 Volatile organic liquids—Determination of boiling range of organic solvents used as raw materials (Added; Referenced in § 173.121).
○ ISO 4706:2008, Gas cylinders—Refillable welded steel cylinders—Test pressure 60 bar and below (Added; Referenced in § 178.71).
○ ISO 10297:1999, Gas cylinders—Refillable gas cylinder valves—Specification and type testing, First edition, May 1999, (E) (Revised to incorporate 2006 Edition).
○ ISO 10461:2005, Gas cylinders—Seamless aluminum-alloy gas cylinders, Periodic inspection and testing, Second edition, February 2005, (E) (Revised to incorporate Addendum 1 (2006)).
○ ISO 10692-2:2001 Gas cylinders—Gas cylinder valve connections for use in the micro-electronics industry—Part 2: Specification and type testing for valve to cylinder connections (Added; Referenced in § 173.40).
○ ISO 13736:2008 Determination of flash point—Abel closed-cup method (Added; Referenced in § 173.120).
○ ISO 16111:2008 Transportable gas storage devices — Hydrogen absorbed in reversible metal hydride (Added; Referenced in §§ 173.311, 178.71).
○ ISO 18172-1:2007, Gas cylinders—Refillable welded stainless steel cylinders—Part 1: Test pressure 6 MPa and below (Added; Referenced in § 178.71).
○ ISO 20703:2006, Gas cylinders—Refillable welded aluminum-alloy cylinders—Design, construction and testing (Added; Referenced in § 178.71).
•
Organization for Economic Cooperation and Development (OECD)
○ Guidelines for the Testing of Chemicals, No. 430,
In Vitro
Skin Corrosion: Transcutaneous Electrical Resistance Test (TER) (2004) (Added; Referenced in § 173.137);
○ Guidelines for the Testing of Chemicals, No. 431,
In Vitro
Skin Corrosion: Human Skin Model Test (2004) (Added; Referenced in § 173.137); and,
○ Guidelines for the Testing of Chemicals, No. 435,
In Vitro
Membrane Barrier Test Method for Skin Corrosion (2006) (Added; Referenced in § 173.137).
•
Transport Canada,
Transportation of Dangerous Goods Regulations, including Clear Language Amendments 1 through 5 (Revised to add Amendments 6 and 7).
•
The United Nations Recommendations on the Transport of Dangerous Goods— Model Regulations,
Fifteenth revised edition (2007), Volumes I and II (Revised to incorporate the Sixteenth revised edition).
Section 171.8
This section defines terms generally used throughout the HMR that have broad or multi-modal applicability. PHMSA is proposing to add the following defined terms based on their adoption in the UN Model Regulations:
Metal hydride storage system.
This term means a single complete hydrogen storage system that includes a receptacle, metal hydride, pressure relief device, shut-off valve, service equipment and internal components used for the transportation of hydrogen only.
Open cryogenic receptacle.
This term means a transportable thermally insulated receptacle for refrigerated liquefied gases maintained at atmospheric pressure by continuous venting of the refrigerated gas.
Oxidizing gas.
In this NPRM, PHMSA proposes to amend the definition of
Oxidizing gas. Oxidizing gas
is now defined as a gas that may, by providing oxygen, cause or contribute to combustion of other material more than air does. We are proposing to revise the definition to specify that an oxidizing gas is a pure gas or gas mixture with an oxidizing power greater than 23.5% as determined by a method specified in ISO 10156:1996 or 10156-2:2005.
See also
discussion of changes to the HMT entries “Air, compressed, UN1002” and “Compressed gas, n.o.s., UN1956” in Sections 172.101 and 173.115(k).
Section 171.23
Section 171.23 prescribes the conditional requirements for specific materials and packages transported under the various international standards as permitted by the HMR. In this NPRM, except for transportation by aircraft, we are proposing to remove the condition in § 171.23(b)(9) that stipulates certain Division 6.1 materials transported as limited quantities are not excepted from labeling as specified in § 173.153(b). This proposed change aligns the labeling requirements in the HMR for limited quantities with the international standards without compromising safety. This is accomplished by the current inner packaging quantity limits for Division 6.1 materials in Packing Group (PG) II that are packaged under the exceptions provided for such materials in §§ 173.150-173.156 of the HMR.
Section 171.25
Section 171.25 prescribes the additional requirements for specific materials and packages transported under the IMDG Code as permitted by the HMR. In this notice, we are proposing to delete paragraphs (c)(5) and (d)(3) because the IMDG Code now requires cryogenic materials to be stowed on deck.
Effective January 1, 1997, vehicles and mechanical equipment containing internal combustion engines were no longer subject to the IMDG Code as conditionally designated under Amendment 28-96. Effective January 1, 2012, such articles will once again be subject to the IMDG Code under Amendment 35-10. Because the new requirements in the IMDG Code are more stringent than requirements for similar articles in the HMR, PHMSA is proposing to amend Section 171.25 by revising paragraph (b)(1) and adding a new paragraph (b)(4) permitting use of the IMDG Code or the HMR to prepare and stow vehicles and mechanical equipment containing internal combustion engines when offered for transport by vessel.
Part 172
Section 172.101
Introductory text to the § 172.101 HMT contains explanatory text for each of the columns that comprise the HMT. Currently, § 172.101(c)(10) provides specific requirements regarding the selection of an appropriate proper shipping name for mixtures and solutions containing more than one hazardous material of the same hazard class. In many cases, such mixtures and solutions are best described by a generic or “not otherwise specified” entry (
i.e.,
an “n.o.s.” entry). For example, a solution containing two or more flammable liquid constituents may best be described under the entry “Flammable liquids, n.o.s., UN1993.” However, in some cases where two or more hazardous materials may be present, a single hazardous material may predominate where the other hazardous materials may be present in only trace amounts. In such cases, a description applicable to the predominant material may be more appropriate. A recent incident underscores the importance of using the most specific and appropriate shipping description. In that incident, an aluminum cylinder containing 99.9% pure ethyl chloride ruptured in storage incidental to transport. It was determined that the root cause was a reaction between the cylinder's contents and the aluminum. The relevant construction standard for the cylinder indicated that ethyl chloride was reactive with aluminum and that aluminum was not recommended for the transport of ethyl chloride. However, the shipper selected a generic compressed gas shipping description rather than the ethyl chloride name due to the presence of trace amounts of other hazardous materials. While we note that the general requirements for packagings still broadly address the responsibility of the shipper in selecting a packaging that is compatible with its lading, and that these requirements were also applicable and apparently overlooked, the incident nonetheless highlights the benefit of using a more specific description, where appropriate, to help ensure that the most appropriate transport provisions are followed.
To address this issue, the UN Model Regulations were amended to require, except as otherwise specified, that a mixture or solution of a single predominant hazardous material containing only traces of one or more additional hazardous materials listed by name in the HMT or additional non-hazardous constituents be assigned the UN number and proper shipping name
of the predominant material contributing to the overall hazard classification of the mixture or solution. Adopting a similar provision in the HMR will enhance a shipper's ability to select the most appropriate shipping description. Therefore, in this NPRM, PHMSA is proposing to add a new paragraph § 172.101(c)(10)(iv) outlining the authorization to describe the mixture or solution based on the predominant material contributing to the hazard classification.
Identification Numbers Preceded by the Letters “ID”
Paragraph (e) of § 172.101 provides explanations for the letters that precede identification numbers assigned to proper shipping names in the HMT. In this NPRM, PHMSA is proposing to add an explanation for identification numbers associated with those descriptions recognized under the ICAO Technical Instructions only and are preceded by the letters “ID.” Additionally, PHMSA is proposing to recognize the international air description, “ID8000, Consumer commodity, 9” in the HMT with material and article eligibility for use of the description based on Special provision A112 and Packing Instruction Y963 of the 2011-2012 ICAO Technical Instructions.
Hazardous Materials Table (HMT)
In this NPRM, PHMSA is proposing to make various amendments to the HMT. Readers should review all changes for a complete understanding of the amendments. For purposes of the Government Printing Office's typesetting procedures, proposed changes to the HMT appear under three sections of the Table, “remove,” “add,” and “revise.” Certain entries in the HMT, such as those with revisions to the proper shipping names, appear as a “remove” and “add.” Proposed amendments to the HMT include, but are not limited to the following:
New HMT Entries
UN3482 Alkali metal dispersions, flammable
or
Alkaline earth metal dispersions, flammable.
UN3496 Batteries, nickel-metal hydride.
This new HMT entry for UN3496 would include a “W” in Column (1) to indicate use of this hazardous materials description would be limited to vessel transport. PHMSA also proposes to include additional language in Column (2) to refer shippers transporting nickel-metal hydride batteries by modes other than vessel to the HMT entry “Batteries, dry, sealed, n.o.s.” for instruction on the transport requirements for these batteries.
UN3485 Calcium hypochlorite, dry, corrosive
or
Calcium hypochlorite mixtures, dry, corrosive
with more than 39% available chlorine (8.8% available oxygen).
UN3487 Calcium hypochlorite, hydrated, corrosive
or
Calcium hypochlorite, hydrated mixture, corrosive
with not less than 5.5% but not more than 16% water.
UN3486 Calcium hypochlorite mixture, dry, corrosive
with more than 10% but not more than 39% available chlorine.
ID8000 Consumer commodity.
This description would be added to the HMT as a Class 9 miscellaneous hazardous material to be used for the air transportation of limited quantities of certain Class 2 materials (non-toxic aerosols only), Class 3 materials (PG II and III only), Division 6.1 (PG III only), UN3077, UN3082, and UN3175 provided such materials do not have a subsidiary risk and are authorized aboard a passenger-carrying aircraft.
UN3484 Hydrazine aqueous solution, flammable,
with more than 37% hydrazine, by mass.
UN3495 Iodine.
Iodine is transported globally under a number of different shipping descriptions dependent on the shipper. In the interest of reducing risks associated with transport of iodine under various descriptions and therefore, varied packaging, we are proposing to add this unique UN number and shipping description to provide for specific packaging requirements and faster identification and access to emergency response information.
UN1471 Lithium hypochlorite, dry
or
Lithium hypochlorite mixture, Division 5.1, PG III.
Lithium hypochlorite is a common commercial product used as a disinfectant that is often mixed with other non-hazardous organic salts. Currently, the HMT only provides for a Division 5.1, PG II designation for this material, yet testing conducted in accordance with the UN Manual of Tests and Criteria has indicated that some common commercial mixtures meet the criteria for classification in Division 5.1, PG III. Therefore, PHMSA is proposing to add a line to the current entry to allow for classification of mixtures of lithium hypochlorite in PG III, where appropriate.
UN3483 Motor fuel anti-knock mixtures, flammable.
UN3494 Petroleum sour crude oil, flammable, toxic.
This entry would be authorized for international transportation only.
UN3492 Toxic-by-inhalation liquid, corrosive, flammable, n.o.s.
with an inhalation toxicity lower than or equal to 200 ml/m
3
and saturated vapor concentration greater than or equal to 500 LC
50
UN3493 Toxic-by-inhalation liquid, corrosive, flammable, n.o.s.
with an inhalation toxicity lower than or equal to 1000 ml/m
3
and saturated vapor concentration greater than or equal to 10 LC
50
UN3488 Toxic-by-inhalation liquid, flammable, corrosive, n.o.s.
with an inhalation toxicity lower than or equal to 200 ml/m
3
and saturated vapor concentration greater than or equal to 500 LC
50
UN3489 Toxic-by-inhalation liquid, flammable, corrosive, n.o.s.
with an inhalation toxicity lower than or equal to 1000 ml/m
3
and saturated vapor concentration greater than or equal to 10 LC
50
UN3490 Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s.
with an inhalation toxicity lower than or equal to 200 ml/m
3
and saturated vapor concentration greater than or equal to 500 LC
50
UN3491 Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s.
with an inhalation toxicity lower than or equal to 1000 ml/m
3
and saturated vapor concentration greater than or equal to 10 LC
50
Amendments to the Column (1) symbols.
The entries “Elevated temperature liquid, flammable, n.o.s.,
with flash point above 37.8 °C, at or above its flash point,
UN3256,” “Elevated temperature liquid, n.o.s.,
at or above 100 °C and below its flash point (including molten metals, molten salts, etc.),
UN3257,” and “Elevated temperature solid, n.o.s.,
at or above 240 °C,
UN3258” would be revised by adding the symbol G. The symbol G identifies proper shipping names for which a technical name of the hazardous material is required in parentheses in association with the basic description. Requiring the technical name(s) for certain elevated temperatures materials will help emergency responders in selecting the proper materials for extinguishing a fire involving these hazardous materials and will aid in estimating the temperature properties of the materials (
e.g.,
the melting point).
The entries “Metal catalyst, dry, UN2881” and “Metal catalyst, wetted
with a visible excess of liquid,
UN1378” would be revised by adding the symbol G. The symbol G identifies proper
shipping names for which a technical name of the hazardous material is required in parentheses in association with the basic description. Requiring the technical name(s) for metal catalysts will aid emergency responders in selecting the proper fire suppressant (
e.g.,
CO
2
) in the event the hazardous material is involved in a fire or in identifying other materials the metal catalyst could react with.
The entry “Powder, smokeless, UN0509,” would be revised by deleting the symbol D. The symbol D identifies a proper shipping name for domestic use only. This entry has been adopted into the UN Model Regulations, the ICAO TI, and the IMDG Code. This proposed deletion is consistent with our final rule published January 14, 2009 (HM-215J) (74 FR 2200) in which we indicate our intent to remove the symbol D in a future rulemaking upon adoption of the entry into international regulations.
For the following Division 5.1 (oxidizer) materials and Division 6.1 (toxic) materials, the entries would be revised by adding the symbol G. The symbol G identifies proper shipping names for which one or more technical names of the hazardous material must be entered in parentheses in association with the basic description on a shipping paper. Knowledge of the technical name of toxic materials may aid emergency responders with implementing more appropriate first aid measures:
UN3141 Antimony compounds, inorganic, liquid, n.o.s.
UN1549 Antimony compounds, organic, liquid, n.o.s.
UN1556 Arsenic compounds, liquid, n.o.s.
inorganic, including arsenates, n.o.s.; arsenates, n.o.s.; arsenic sulfides, n.o.s.; and organic compounds of arsenic, n.o.s.
UN1557 Arsenic compounds, solid, n.o.s.
inorganic, including arsenates, n.o.s.; arsenates, n.o.s.; arsenic sulfides, n.o.s.; and organic compounds of arsenic, n.o.s.
UN1564 Barium compounds, n.o.s.
UN1566 Beryllium compounds, n.o.s.
UN3213 Bromates, inorganic, aqueous solution, n.o.s.
UN1450 Bromates, inorganic, n.o.s.
UN2570 Cadmium compounds
UN3210 Chlorates, inorganic, aqueous solution, n.o.s.
UN1461 Chlorates, inorganic, n.o.s.
UN1462 Chlorites, inorganic, n.o.s.
UN1583 Chloropicrin mixtures, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1935 Cyanide solutions, n.o.s.
UN2856 Fluorosilicates, n.o.s.
UN3212 Hypochlorites, inorganic, n.o.s.
UN2291 Lead compounds, soluble, n.o.s.
UN2024 Mercury compounds, liquid, n.o.s.
UN2025 Mercury compounds, solid, n.o.s.
UN3144 Nicotine compounds, liquid, n.o.s.
or
Nicotine preparations, liquid, n.o.s.
UN1665 Nicotine compounds, solid, n.o.s.
or
Nicotine preparations, solid, n.o.s.
UN3219 Nitrites, inorganic, aqueous solution, n.o.s.
UN2627 Nitrites, inorganic, n.o.s.
UN3214 Permanganates, inorganic, aqueous solution, n.o.s.
UN1482 Permanganates, inorganic, n.o.s.
UN2026 Phenylmercuric compounds, n.o.s.
UN2630 Selenates
or
Selenites.
UN3440 Selenium compound, liquid, n.o.s.
UN3283 Selenium compound, solid, n.o.s.
UN3284 Tellurium compound, solid, n.o.s.
UN3285 Vanadium compound, solid, n.o.s.
Amendments to the Column (2) hazardous materials descriptions and proper shipping names.
The proper shipping name for the entry “Detonator, assemblies, non-electric,
for blasting,
UN0500,” would be revised by removing the comma after “Detonator” to read “Detonator assemblies, non-electric,
for blasting.”
This revision appears as a “Remove/Add” in this rulemaking.
The proper shipping name for the entry “Engines, internal combustion,
flammable gas powered,
UN3166,” would be revised to read “Engines, internal combustion
or
Engines, fuel cell,
flammable gas powered.”
This revision appears as a “Remove/Add” in this rulemaking.
The proper shipping name for the entry “Engines, internal combustion,
flammable liquid powered,
UN3166,” would be revised to read “Engines, internal combustion
or
Engines, fuel cell,
flammable liquid powered.”
This revision appears as a “Remove/Add” in this rulemaking.
The proper shipping names “Formaldehyde, solutions, flammable, UN1198” and “Formaldehyde, solutions,
with not less than 25 percent formaldehyde,
UN2209” would be revised to remove an errant comma between the words “Formaldehyde” and “solutions.” This revision appears as a “Remove/Add” in this rulemaking.
The proper shipping name for the entry “1-Hydroxybenzotriazole, anhydrous, wetted
with not less than 20 percent water, by mass,
UN3474” would be revised to read “1-Hydroxybenzotriazole, monohydrate.” This revision appears as a “Remove/Add” in this rulemaking.
The proper shipping name for the entry “Nitric acid
other than red fuming, with less than 65 percent nitric acid,
UN2031” would be revised to read “Nitric acid
other than red fuming, with more than 20 percent and less than 65 percent nitric acid,
UN2031.” The proper shipping name for the Packing Group I entry “Nitric acid
other than red fuming, with more than 70 percent nitric acid,
UN2031” is added to the HMT. In a final rule published on January 14, 2009 (HM-215J; 74 FR 2200), errors were made to both nitric acid entries and in this NPRM, PHMSA proposes to align them correctly in accordance with the various international standards. Additionally, we are proposing to remove the outdated Packing Group II entry “Nitric acid
other than red fuming, with not more than 70 percent nitric acid,
UN2031” that should have been removed from the HMT in the same final rule.
The proper shipping name for the entry “Tars, liquid
including road asphalt and oils, bitumen and cut backs,
UN1999” would be revised to read “Tars, liquid
including road oils and cutback bitumens.”
The entries in the HMT applicable to transport of bitumen may cause confusion with respect to the proper classification of the material. The entries include “Combustible liquid, n.o.s., NA1993, combustible liquid” and “Tars, liquid
including road asphalt and oils, bitumen and cut backs,
UN1999, 3,” and the entries “Elevated temperature liquid, flammable, n.o.s., UN3256, 3” and “Elevated temperature liquid, n.o.s., UN3257, 9,” when the material is heated and offered for transport. Bitumen is a hydrocarbon material derived from crude oil having a flashpoint of 160 °C or greater. Bitumens typically do not meet the classification for a Class 3 flammable liquid except for cutback bitumens which are blended with a flammable material such as kerosene. Also, road asphalt is bitumen mixed with sand and fillers which also does not meet the classification for a Class 3 flammable liquid. Therefore, we propose to revise the proper shipping name “Tars, liquid
including road asphalt and oils, bitumen and cut backs”
by removing reference to asphalt and clarifying applicability to cutback bitumens to read “Tars, liquid
including road oils and cutback bitumens.”
This
revision appears as a “Remove/Add” in this rulemaking.
The proper shipping name for the entry “Trinitro-meta-cresol, UN0216” would be revised to read “Trinitro-m-cresol.” This revision appears as a “Remove/Add” in this rulemaking.
The proper shipping name for the entry “Vehicle, flammable gas powered, UN3166,” would be revised to read “Vehicle, flammable gas powered
or
Vehicle, fuel cell, flammable gas powered.” This revision appears as a “Remove/Add” in this rulemaking.
The proper shipping name for the entry “Vehicle, flammable liquid powered, UN3166,” would be revised to read “Vehicle, flammable liquid powered
or
Vehicle, fuel cell, flammable liquid powered.” This revision appears as a “Remove/Add” in this rulemaking.
Amendments to the Column (3) hazard class or division.
PHMSA is proposing to revise the classification of a number of entries to Division 6.1 toxic-by-inhalation primary hazards for consistency with the adoption of classification changes into the 16th revised edition of the UN Model Regulations. The changes are based on data provided from a thorough review of literature on toxic-by-inhalation materials. The review of literature is provided in Informal Document UN/SCETDG/33/INF.8 submitted to the 33rd session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods which is available at
http://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.
For the entry “Tetranitromethane, UN1510,” the Class 5 oxidizer primary hazard would be revised to a Division 6.1 toxic-by-inhalation material primary hazard to read 6.1.
For the following Class 3 flammable liquid materials, the Class 3 primary hazard would be revised to a Division 6.1 toxic-by-inhalation material primary hazard to read 6.1.
UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN3079 Methacrylonitrile, stabilized.
UN2605 Methoxymethyl isocyanate.
For the following Class 8 corrosive materials, the Class 8 primary hazard would be revised to a Division 6.1 toxic-by-inhalation material primary hazard to read 6.1.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN1838 Titanium tetrachloride.
Amendments to the Column (5) packing group (PG).
The entry “Carbon dioxide, solid
or
Dry ice, UN1845” would be revised by deleting the PG III designation. In general, the PG assigned to a material identifies the degree of hazard the material represents and determines the performance level of the packaging required for the material. For example, a PG II material (
i.e.,
a moderate hazard material) is considered more hazardous and requires more stringent packaging than a PG III material (
i.e.,
a low hazard material). Dry ice presents minimal risk during transport except where concentrations may build up in a confined space. Therefore, in this NPRM, PHMSA proposes to delete the PG III designation from the entry.
For the following Division 6.1 toxic-by-inhalation materials, the PG would be revised to read “I”.
UN2668 Chloroacetonitrile.
UN1810 Phosphorous oxychloride.
UN2474 Thiophosgene.
UN1838 Titanium tetrachloride .
PHMSA is proposing this revision to the PG assignment for these entries for consistency with the adoption of changes into the Revised 16th edition of the UN Model Regulations. The changes are based on data provided from a thorough review of literature on toxic-by-inhalation materials. The review of literature is provided in Informal Document UN/SCETDG/33/INF.8 submitted to the 33rd session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods which is available at
http://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.
Amendments to the Column (6) label(s).
For the following hazardous material entries, PHMSA is proposing to revise the labels for consistency with changes made to the classification of these materials under amendments to Column (3) (
see
above). The Class 3 (flammable liquid), Class 8 (corrosive), or Division 5.1 (oxidizer) primary hazard labels, as appropriate, and the Division 6.1 subsidiary hazard label would be revised to a Division 6.1 toxic-by-inhalation material primary hazard label and Class 3, Class 8, or Division 5.1 subsidiary hazard label to read “6.1, 3,” “6.1, 8,” or “6.1, 5.1,” as appropriate.”
UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN3079 Methacrylonitrile, stabilized.
UN2605 Methoxymethyl isocyanate.
UN1810 Phosphorous oxychloride.
UN1510 Tetranitromethane.
UN1838 Titanium tetrachloride.
Amendments to the Column (7) special provisions.
The entry “Compressed gas, n.o.s., UN1956” would be revised by deleting Special provision 77 which authorizes the use of this entry for mixtures of gases with less than 23.5% oxygen when no other oxidizing gases are present. Because we are proposing to modify the definition of oxidizing gas in § 171.8 of the HMR to indicate that “a gas which may, by providing oxygen, cause or contribute to the combustion of other material more than air does means pure gases or gas mixtures with an oxidizing power greater than 23.5% oxygen” and because the entry “Compressed gas, oxidizing, n.o.s., UN3156” is currently available in the HMT, the Special provision is redundant and no longer necessary.
The entry “1-Hydroxybenzotriazole, monohydrate, UN3474” would be revised by deleting Special provision 162. Special provision 162 requires that for the material to be transported as a Division 4.1 desensitized material, it must be transported in such a manner that at no time during the course of transportation does the percentage concentration of water fall below 20%. Anhydrous hydroxybenzotriazole rapidly converts to the monohydrate form in the presence of water, that is, the thermally stable form of the substance. Additionally, tests have indicated that the monohydrate maintains its water content under temperature conditions encountered in storage and transport over extended periods of time. This conforms to the intent of the provisions specified in Special provision 162 and therefore, we are proposing to delete Special provision 162 from the entry.
The entry “Motor fuel anti-knock mixtures, UN1649” would be revised by deleting Special provision 151. Special provision 151 requires that if this material also meets the definition of a Class 3 (flammable liquid) under § 173.120 of the HMR, a FLAMMABLE LIQUID label is required and the basic description on the shipping paper must indicate the Class 3 subsidiary hazard. However, because of the proposed addition of the new entry “Motor fuel anti-knock mixtures, flammable, UN3483” which indicates a Class 3 subsidiary hazard, we believe it is no longer necessary to assign Special provision 151 to this entry.
The entry “Nitrogen, refrigerated liquid cryogenic liquid, UN1977” would be revised by adding new Special provisions 345 and 346.
See Section 172.102 Special Provisions
for a discussion of new Special provisions 345 and 346.
The entry “Oxygen, compressed, UN1072” would be revised by adding Special provision 110 authorizing an actuating cartridge (
e.g.,
power device cartridges of Division 1.4, compatibility groups C and S) to be installed on a
cylinder containing oxygen without changing the classification of Division 2.2.
See Section 172.102 Special provisions
for a detailed discussion of our proposed revision to Special provision 110.
The entry “Pentaerythrite tetranitrate
or
Pentaerythritol tetranitrate
or
PETN,
with not less than 7 percent wax by mass”
would be revised by assigning Special provision 120 to the entry. A final rule published in the
Federal Register
on May 6, 1997, under Docket HM-215B (62 FR 24689), added Special provision 120 to § 172.102(c)(1) of the HMR and assigned it to one of the phlegmatized HMT entries for PETN (UN0411). In this notice, PHMSA is reassigning Special provision 120 to UN0411 in Column 7 of the HMT because it never appeared in the subsequent HMR when printed but remains valid.
The entry “Petroleum crude oil, UN1267” would be revised by adding new Special provision 357 instructing a shipper, if applicable, to use the entry “Petroleum sour crude oil, flammable, toxic, UN3494” for petroleum crude oil containing hydrogen sulfide in sufficient concentration that vapors evolved from the crude oil can present an inhalation hazard when offered for transportation internationally.
The entry “Zinc ammonium nitrate, UN1512” would be revised by deleting Special provision IP2 which requires IBCs other than metal or rigid plastic IBCs to be offered for transportation in a closed freight container or a closed transport vehicle.
The following Division 1.4, Compatibility Group S (1.4S) explosive substance and article entries in the HMT would be revised by adding new Special provision 347 which limits the use of the entries to only those substances and articles that have passed Test series 6(d) of Part I of the UN Manual of Tests and Criteria.
See Section 172.102 Special Provisions
for a discussion of new Special provision 347.
UN0323 Cartridges, power device.
UN0460 Charges, bursting, plastics bonded.
UN0445 Charges, explosive, commercial
without detonator.
UN0441 Charges, shaped,
without detonator.
UN0500 Detonator assemblies, non-electric,
for blasting.
UN0456 Detonators, electric
for blasting.
UN0366 Detonators for ammunition.
UN0455 Detonators, non-electric,
for blasting.
The following Division 6.1 toxic-by-inhalation materials entries would be revised by replacing the portable tank instruction T Code T22 with T20. The UN Committee of Experts on the Transport of Dangerous Goods revised the T Code assignment for a number of Division 6.1 toxic-by-inhalation materials from T14 to T20. Assigning T20 requires a higher pressure for the periodic hydrostatic test (6 bar to 10 bar) and a thicker minimum shell thickness (6 mm to 8 mm). This change is consistent with the T Code assigned to the same materials in the HMT. However, for the materials listed below, we assigned a T Code T22 which requires a minimum shell thickness of 10 mm. We do not believe there would be a safety risk in reducing the minimum shell thickness for these materials from 10 mm to 8 mm. Therefore, for consistency with revisions made to the T Code assignments under the 16th revised edition of the UN Model Regulations as well as consistency with the current assignment of T20 to a number of other Division 6.1 toxic-by-inhalation material entries, the T Code T20 would be assigned for the following materials.
UN2484 tert-Butyl Isocyanate.
UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN2482 n-Propyl isocyanate.
The following Division 6.1 toxic-by-inhalation materials would be revised by adding the portable tank special provision TP13 as a conforming amendment to the proposed changes to the PG assignment for these materials (
see
Amendments to Column (5) above). Special provision TP13 requires the use of self-contained breathing apparatus when the hazardous material is transported by vessel:
UN2668 Chloroacetonitrile.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN2474 Thiophosgene.
The following Division 5.1 oxidizers would be revised by adding new Special provision W1. Special provision W1 would except these materials from regulation for vessel transport when transported in non-friable prill or granule form. The material must be accompanied by a certificate from an accredited laboratory stating that the product has been tested in accordance with the UN Manual of Tests and Criteria.
UN1486 Potassium nitrate.
UN1498 Sodium nitrate.
UN1499 Sodium nitrate and potassium nitrate mixtures.
Amendments to the Column (8) packaging authorizations.
The four flammable liquid entries “Alcohols, n.o.s., UN1987,” “Ethanol, UN1170,” “Formaldehyde solutions, flammable, UN1198” and “Isopropanol, UN1219” would be revised in Column (8A) by adding section “4b” to the exceptions column. Section 173.4b prescribes the requirements for
de minimis
quantities of hazardous materials offered for transportation and transported by all modes, domestic or international. We are proposing to add a paragraph (b) to allow non-infectious specimens (
e.g.,
museum specimens) preserved with small amounts of certain Class 3 materials not to be subject to the HMR as recently adopted in the international standards. This amendment is consistent with previous interpretations we have issued on this matter.
The entry “Hydrogen in a metal hydride storage system
or
Hydrogen in a metal hydride storage system contained in equipment
or
Hydrogen in a metal hydride storage system packed with equipment, UN3468” would be revised in Column (8B) by deleting the current reference to § 173.214 for authorized non-bulk packaging and adding new section reference § 173.311. (
See
the Section 173.311 summary for a discussion of authorized packaging provisions for hydrogen in a metal hydride storage system.)
The entry “Polyester resin kit, UN3269” would be revised by amending Columns (8A) and (8B) to read 173.165. Currently, Column (8A) for the entry refers to § 173.152 and Column (8B) refers to § 173.225. For clarity and consistency, such articles should be incorporated in their own packing instruction.
Amendments to the Column (9) quantity limitations.
Maximum quantities per package by passenger air and rail are prescribed in Column (9A). Consistent with an amendment made to the 2011-2012 ICAO Technical Instructions, the quantity limitation for the entry “Silicon tetrachloride, UN1818” would be revised from “1 L” to read “Forbidden.”
Columns 10 and 11 of Table 3-1 in the ICAO TI have long indicated the limited quantity packing instruction and net quantity per package, respectively, for substances and articles eligible to be packaged and transported as a limited quantity by air. The ICAO TI identify a limited quantity packing instruction with the letter “Y” preceding the three-digit packing instruction number. PHMSA is considering revising Column (9A) of the HMT in a future rulemaking by placing the letter “Y” following the net quantity per package authorized aboard a passenger-carrying aircraft for those substances or articles eligible to be packaged and transported as a limited
quantity by air under the HMR. We believe this simple and straightforward revision to the HMT will assist both shippers and carriers, while not adding length or bulk to the HMT or the HMR.
Amendments to the Column (10) vessel stowage requirements.
Vessel stowage location (10A).
For the following materials, we propose to revise the authorized stowage locations in Column (10A) by revising the stowage category to “D.” Assignment of stowage category “D” means the material must be stowed “on deck only” on a cargo vessel and on a passenger vessel carrying a number of passengers limited to not more than the larger of 25 passengers or one passenger per each 3 meters of overall vessel length. The material is prohibited on passenger vessels in which the limiting number is exceeded:
UN1951 Argon, refrigerated liquid
(cryogenic liquid).
UN2187 Carbon dioxide, refrigerated liquid.
UN1143 Crotonaldehyde
or
Crotonaldehyde, stabilized.
UN1963 Helium, refrigerated liquid
(cryogenic liquid).
UN1970 Krypton, refrigerated liquid
(cryogenic liquid).
UN1647 Methyl bromide and ethylene dibromide mixtures, liquid.
UN2644 Methyl iodide.
UN2477 Methyl isothiocyanate.
UN2606 Methyl orthosilicate.
UN1913 Neon, refrigerated liquid
(cryogenic liquid).
UN2201 Nitrous oxide, refrigerated liquid.
UN2337 Phenyl mercaptan.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN2474 Thiophosgene.
UN1838 Titanium tetrachloride.
UN2591 Xenon, refrigerated liquid
(cryogenic liquids).
Vessel stowage codes (10B).
For the following hazardous materials, we propose to remove from Column (10B) stowage code “18” (stowage code “143” for UN3392) which prohibits the material from being transported on any vessel carrying explosives (except Division 1.4S explosives), and we propose to add in its place stowage code 78 which requires the materials to be stowed “separated longitudinally by an intervening complete compartment or hold from” explosives.
UN1131 Carbon disulfide.
UN1259 Nickel carbonyl.
UN3392 Organometallic substance, liquid, pyrophoric.
UN3394 Organometallic substance, liquid, pyrophoric, water-reactive.
UN3194 Pyrophoric liquid, inorganic, n.o.s.
UN2845 Pyrophoric liquids, organic, n.o.s.
Section 172.102 Special Provisions
Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. PHMSA is proposing the following revisions to the § 172.102, Special provisions:
Special provision 15 would be revised by removing extraneous and redundant regulatory text applicable to “Chemical kits, UN3316” and “First aid kits, UN3316.”
Special provision 40 would be revised to indicate that “Polyester resin kit, UN3269” requires specification outer packaging based on the PG assigned to the base (Class 3) material unless excepted as a limited or excepted quantity. This revision is a clarification of the existing requirement.
Special provision 77 would be deleted. Special provision 77 allows use of the entry “Compressed gas, n.o.s., UN1956” for mixtures of gases with less than 23.5% oxygen when no other oxidizing gases are present. PHMSA is proposing to modify the definition of oxidizing gas in § 171.8 to state that “a gas which may, by providing oxygen, cause or contribute to the combustion of other material more than air does,” meaning, pure gases or gas mixtures with an oxidizing power greater than 23.5% oxygen. Because of the availability of the entry “Compressed gas, oxidizing, n.o.s., UN3156” in the HMT, we believe Special provision 77 is redundant and no longer necessary.
Special provision 78 would be revised to direct shippers to use the entry “Compressed gas, oxidizing, n.o.s., UN3156” to describe compressed air that contains pure gases or gas mixtures with an oxidizing power greater than 23.5% oxygen. PHMSA is proposing to modify the definition of oxidizing gas in § 171.8 of the HMR to indicate that “a gas which may, by providing oxygen, cause or contribute to the combustion of other material more than air does,” meaning, pure gases or gas mixtures with an oxidizing power greater than 23.5% oxygen. Therefore, we believe this Special provision should also be revised to emphasize the proposed revised definition and use of the proper shipping description.
Special provision 110 would be revised to include oxygen cylinders for emergency use. Currently, fire extinguishers (UN1044) are assigned Special provision 110 which authorizes the installation of a cartridge power device (of Divisions 1.4C and S) on the fire extinguisher without changing its classification as Division 2.2 provided the actuating cartridge does not contain deflagrating (propellant) explosives exceeding 3.2 g. Many of these types of fire extinguishers are used in commercial aircraft applications where the actuating cartridge is necessary for remote activation to discharge the fire suppressant contained in the cylinder. Similarly, commercial aircraft are being designed to incorporate small oxygen cylinders in the overhead panels above passenger seats to provide emergency oxygen in the event of a depressurization. The design of the system is that a small actuating cartridge attached to each cylinder will be initiated once the passenger starts breathing into the mask, which will allow the flow of oxygen from these cylinders. In connection with the manufacturing and maintenance of the aircraft, it is necessary for these small cylinders to be transported with the actuator installed. The principal hazard presented by these oxygen cylinders remains that of Division 2.2, and not the Division 1.4 explosive hazard of the actuating cartridge; therefore, in this NPRM, PHMSA is proposing to authorize the transport of oxygen cylinders for emergency use with an installed actuating cartridge without changing the classification of Division 2.2 provided that the total quantity of deflagrating (propellant) explosives does not exceed 3.2 g per oxygen cylinder and further provided that the cylinders have an effective means of preventing inadvertent activation.
For conformance with the addition of new proper shipping name(s) for UN3166, Special provision 134 would be revised to specify that a battery-powered vehicle or equipment that also contains an internal combustion engine must be consigned under the entry “Engine, internal combustion, flammable gas powered” or “Engine, internal combustion, flammable liquid powered” or “Vehicle, flammable gas powered” or “Vehicle, flammable liquid powered,” as appropriate. These entries include hybrid electric vehicles powered by both an internal combustion engine and batteries. Furthermore, a battery-powered vehicle or equipment that contains a fuel cell engine must be consigned under the entries “Engine, fuel cell, flammable gas powered” or “Engine, fuel cell, flammable liquid powered” or “Vehicle, fuel cell, flammable gas powered” or “Vehicle, fuel cell, flammable liquid powered, as appropriate. These entries include
hybrid electric vehicles powered by a fuel cell, an internal combustion engine, and batteries.
Special provision 135 would be revised to specify that an internal combustion engine installed in a vehicle must be consigned to the entries “Vehicle, flammable gas powered” or “Vehicle, flammable liquid powered,” as appropriate. These entries include hybrid electric vehicles powered by both an internal combustion engine and wet, sodium or lithium batteries installed. If a fuel cell engine is installed in a vehicle, the vehicle must be consigned using the entries “Vehicle, fuel cell, flammable gas powered” or “Vehicle, fuel cell, flammable liquid powered,” as appropriate. These entries include hybrid electric vehicles powered by a fuel cell, an internal combustion engine, and batteries.
Special provision 149 would be revised to indicate that the exception provided may not be used for transportation by aircraft. This special provision authorizes an increased amount of certain Class 3 (flammable liquid) materials in PG II that are also consumer commodities and is not consistent with the limited quantities authorized for air transportation in § 173.27(f) of the HMR.
Special provision 157 would be deleted because the language of this provision has been combined with the language of revised Special provision 135. Special provision 157 is currently assigned to the entries “Vehicle, fuel cell, flammable gas powered” and “Vehicle, fuel cell, flammable liquid powered” and instructs shippers that these entries include hybrid electric vehicles powered by both an internal combustion engine and wet, sodium or lithium batteries installed.
Special provision 167 would be revised to require metal hydride storage system(s) installed in conveyances,
etc.
, to be approved by the competent authority before acceptance for transport. Special provision 167 would also be applicable, where appropriate, to UN3166 entries powered by fuel cells.
Special provision 198 would be revised to include “Perfumery products, UN1266” among the list of products that nitrocellulose solutions containing not more than 20% nitrocellulose can be transported as. PHMSA is also proposing to revise this provision to clarify that the nitrocellulose may not contain more that 12.6% nitrogen by dry mass.
A new Special provision 340 would be added to provide special instruction for the vessel transport of nickel-metal hydride batteries (including cells). Except for nickel-metal hydride button cells or nickel-metal hydride cells or batteries packed with or contained in equipment, nickel-metal hydride cells or batteries would be required to be securely packed and protected against short circuits in the same manner as batteries transported as “Batteries, dry, sealed, n.o.s.” Additionally, when loaded in a vessel cargo transport unit in a total quantity of 100 kg gross mass or more, nickel-metal hydride batteries would be subject to the shipping paper and dangerous cargo manifest requirements under § 176.30 of the HMR.
A new Special provision 343 would be added and assigned to new HMT entry “Petroleum sour crude oil, flammable, toxic, UN3494” indicating that for international transportation, this entry in the HMT must be used for petroleum crude oil containing hydrogen sulfide in sufficient concentration that vapors evolved from the crude oil can present an inhalation hazard. As discussed in detail in response to comments submitted to the ANPRM, for domestic transportation only, consideration of vapor toxicity levels would not be required and the appropriate non-toxic petroleum description may be used. However, a bulk packaging when used for the domestic transport of petroleum crude oil would be required to be marked in accordance with the new marking prescribed in § 172.327 of the HMR to provide warning of the potential hazard from inhalation of hydrogen sulfide vapors.
A new Special provision 345 would be added excepting from the requirements of the HMR “Nitrogen, refrigerated liquid
cryogenic liquid
, UN1977” transported in open cryogenic receptacles with a maximum capacity of 1 L. The receptacles must be constructed with glass double walls having the space between the walls vacuum insulated and each receptacle must be transported in an outer packaging with sufficient cushioning and absorbent materials to protect the receptacle from damage.
A new Special provision 346 would be added excepting from the requirements of the HMR “Nitrogen, refrigerated liquid
cryogenic liquid
, UN1977” transported in accordance with the requirements for open cryogenic receptacles in § 173.320 of the HMR. The receptacle must contain no hazardous materials other than the liquid nitrogen which must be fully absorbed in a porous material in the receptacle.
A new Special provision 347 would be added restricting the use of certain HMT entries classed as Division 1.4S explosive materials to those substances and articles passing Test series 6(d) of Part I of the UN Manual of Tests and Criteria (
see Section 172.101 Hazardous Materials Table (HMT)
for the list of proper shipping names that would be assigned Special provision 347). A Division 1.4 explosive is defined as an explosive that presents a minor explosion hazard such that hazardous effects are confined to a package and no projection of fragments of appreciable size or range are expected; and that an external fire must not cause virtually instantaneous explosion of almost the entire contents of a package containing a Division 1.4 explosive. Under § 173.58 of the HMR, an explosive substance or article is subjected to Test series 6(a), 6(b), and 6(c) for assignment to an appropriate division (
e.g.
Division 1.4). Explosive substances or articles are assigned to Division 1.4, Compatibility Group S (1.4S) if hazardous effects are confined within a package or the blast and projection effects do not significantly hinder emergency response efforts. Test series 6(a), 6(b), and 6(c) address hazard effects from exposure of the package to a fire but do not address whether hazardous effects from functioning of the substance or articles is confined within the package. PHMSA is concerned that there is a possibility that products classified as Division 1.4S based on behavior in a fire according to test procedures of Type 6(c) may still produce a hazardous effect that, when initiated, is not confined to a package. Initiation or ignition as a result of fire, after the package is degraded, may produce different results from functioning with the intended means of ignition or initiation. Knowledge of the behavior of the article or substance in both cases is needed to allow proper classification.
As discussed in the comment summary in response to the ANPRM, PHMSA is proposing to require the Type 6(d) test as prescribed in Section 16.7 of the Fifth revised edition of the UN Manual of Tests and Criteria in the new Special provision 347. PHMSA is proposing that for affected articles intended for transportation by aircraft, the effective date of this new requirement is April 1, 2011. If a manufacturer or approval holder of affected articles previously classed and approved as Division 1.4S chooses to continue offering such shipments by aircraft, the articles must be successfully tested under Test Series 6(d) and a new approval obtained from PHMSA. Additionally, a previously classed and approved Division 1.4S article that is not successfully tested under Test Series
6(d) must be assigned to a compatibility group other than “S” (
e.g.
, B, C, or D) prior to the April 1, 2011 effective date if intended for transportation by aircraft on or after that date. PHMSA is also proposing that for Division 1.4S articles approved prior to January 1, 2012 and, are intended for domestic highway or rail transportation, the effective date of testing to maintain Division 1.4S classification or reclassification to a higher compatibility group other than “S” is no later than January 1, 2014. For previously approved affected articles, for transportation other than by aircraft, reclassification to a compatibility group other than “S” may be accomplished by using existing data and when recommended by an authorized examination and testing agency approved by PHMSA. For international highway, rail and vessel transportation, the proposed effective date of Type 6(d) testing requirements or reclassification for new and previously produced affected articles is January 1, 2012.
A new Special provision 349 would be added and assigned to “Hypochlorites, inorganic, n.o.s., UN3212” to specify that transport of mixtures of hypochlorite and an ammonium salt is forbidden.
A new Special provision 350 would be added and assigned to “Bromates, inorganic, n.o.s., UN1450” and “Bromates, inorganic, aqueous solution, n.o.s., UN3213” to specify that transport of ammonium bromate and its aqueous solutions and mixtures of a bromate and an ammonium salt is forbidden.
A new Special provision 351 would be added and assigned to “Chlorates, inorganic, n.o.s., UN1461” and “Chlorates, inorganic, aqueous solution, n.o.s., UN3210” to specify that transport of ammonium chlorate and its aqueous solutions and mixtures of a chlorate and an ammonium salt is forbidden.
A new Special provision 352 would be added and assigned to “Chlorites, inorganic, n.o.s., UN1462” to specify that transport of ammonium chlorite and its aqueous solutions and mixtures of a chlorite and an ammonium salt is forbidden.
A new Special provision 353 would be added and assigned to “Permanganates, inorganic, n.o.s., UN1482” and “Permanganates, inorganic, aqueous solution, n.o.s., UN3214” to specify that transport of ammonium permanganate and its aqueous solutions and mixtures of a permanganate and an ammonium salt is forbidden.
A new Special provision 357 would be added and assigned to the entry “Petroleum crude oil, UN1267” to clarify that when transported internationally, petroleum crude oil containing hydrogen sulfide in sufficient concentration that vapors evolved from the crude oil can present an inhalation hazard must be transported under the entry “Petroleum sour crude oil, flammable, toxic, UN3494.” As discussed in detail in response to comments submitted to the ANPRM, for domestic transportation, use of the toxic description is not required; however, a bulk package would be required to be marked in accordance with the requirement of new § 172.327 of the HMR.
See Section 173.327
for a discussion of the proposed marking requirement.
Special provision A59 would be revised consistent with amendments made to Special provision A131 of the 2011-2012 ICAO TI. Special provision A59 allows for sterilization devices containing ethylene oxide to be offered for transportation and transported by air (and thereby all modes) under the excepted quantity provisions of § 173.4a of the HMR. In this NPRM, PHMSA is proposing to revise Special provision A59 to clarify that it is only applicable to glass inner packagings, such as ampoules or capsules, intended for use in sterilization devices and containing ethylene oxide. Currently, the special provision does not explicitly limit the material of construction to glass for inner packagings as intended.
A new Special provision A112 would be added authorizing the transportation of certain IBCs by passenger and cargo-only aircraft that contain up to a maximum net quantity of 1,000 kg of a Environmentally hazardous substance, solid, n.o.s. (UN3077). This amendment is consistent with the authorization in the 2011-2012 ICAO TI.
In paragraph (c)(4), Table 1 (IBC Codes) would be editorially revised to remove UN Specifications 31A, 31B and 31N from IBC Codes IB4, IB5, IB6, IB7, and IB8. This revision is consistent with amendments to international standards and removes the specifications from the indicated codes in the table because IBC Codes IB4 through IB8 are assigned to solids whereas, UN Specifications 31A, 31B, and 31N are authorized for transportation of liquids in IBC Codes IB1 through IB3 and assigned to liquid materials.
A new portable tank special provision TP36 would be added authorizing the use of fusible elements in the vapor space of portable tanks with a gauge test pressure that exceeds 265 kPa (38.4 psig/2.65 bar).
See Section 178.275
for a detailed discussion. This portable tank special provision is only applicable to the following organometallic materials:
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.
A new Special provision W1 would be added indicating that the hazardous materials “Potassium nitrate, UN1486,” “Sodium nitrate, UN1498,” and “Sodium nitrate and Potassium nitrate mixtures, UN1499” are not subject to the HMR when transported by vessel in non-friable prills or granules form. The material would be required to be accompanied by a certificate from an accredited laboratory stating that the product has been properly sampled and tested by the laboratory according to the UN Manual of Tests and Criteria.
Section 172.203
Section 172.203 specifies additional hazardous materials description requirements on shipping papers. Paragraph (b) is revised to indicate that when a shipping paper is required, a limited quantity must be indicated as such. This revision is necessary due to the shipping paper exception proposed in this notice for limited quantities intended for transportation by highway or rail.
Section 172.300
Section 172.300 prescribes the applicability of the HMR marking requirements incorporated in subpart D. Paragraph (l)(1) of § 172.101 authorizes up to a one-year transition period for compliance when new amendments are made to the HMT. This transition period allows the continued use of preprinted shipping paper and marked packaging stock until depleted or for one year, whichever comes first. Consistent with the transition period authorized in § 172.101(l)(1), in this NPRM we propose to amend § 172.300 of the HMR to authorize the continued use of preprinted packaging stock for one-year or until depleted (whichever is less) regardless of whether the amendment is the result of a change made to the HMT, such as an amendment made to the text
of a required marking in a packaging section. This proposed amendment allows the continued use of preprinted packaging stock that is marked before the effective date of any final rule with markings in accordance with the manner previously authorized.
Section 172.312
Section 172.312 prescribes the required orientation markings for non-bulk packages containing liquids. PHMSA is proposing to amend paragraph (c)(5) to clarify that the exception only applies to a hermetically sealed inner packaging or receptacle not exceeding 500 mL each.
Section 172.315
Section 172.315 specifies the markings required on a package containing limited quantities of hazardous materials. These new markings are consistent with the UN Model Regulations, ICAO TI and IMDG Code and are required on packages of limited quantities offered for transportation by highway, rail, air and vessel. Additionally, PHMSA received positive comments submitted in response to the ANPRM concerning the new marking because the requirement specifies minimum dimensions on each side (100 mm) that substantially increases the visibility of the marking when compared with the current ORM-D marking prescribed in § 172.316 of the HMR. Commenters stated that increased visibility of the mark will enhance safety while reducing regulatory burden.
For limited quantities intended for transportation by vessel, this new marking with minimum dimensions of 250 mm on each side is required on cargo transport units containing limited quantities. For limited quantities intended for transportation by aircraft, the marking requirements are in accordance with the 2011-2012 ICAO TI (
i.e.,
“Y” mark on a white square on point) in addition to any required labels.
Section 172.316
Section 172.316 prescribes marking requirements for packages containing materials classed as ORM-D and ORM-D-AIR. If adopted in a final rule, the marking prescribed in this section will no longer be authorized for limited quantities three years after the effective date of the final rule.
Section 172.322
Section 172.322 prescribes marking requirements for packages containing marine pollutants. PHMSA is proposing to add an exception from the marking requirement in new paragraph (d)(2)(iii) for packages of limited quantities marked in accordance with § 172.315.
Section 172.324
Section 172.324 prescribes marking requirements for packages containing hazardous substances in non-bulk packagings. PHMSA is proposing to revise paragraph (b) for packages containing hazardous substances marked in accordance with the limited quantity marking prescribed in § 172.315.
Section 172.326
Section 172.326 prescribes the marking requirements for portable tanks. In this notice, we are proposing to revise paragraph (a) to align the minimum height for a proper shipping name marked on a portable tank to 65 mm when offered for transportation and transported by vessel. This amendment is in response to a revision made in Amendment 35-10 of the IMDG Code.
Section 172.327
New section 172.327 specifies the marking required for a bulk packaging containing petroleum crude oil to warn of the potential toxic inhalation hazard from vapors evolved from hydrogen sulfide present in the crude oil. PHMSA is proposing to require placement of the marking used for toxic materials under the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) in the immediate vicinity of any location on a bulk packaging, such as loading heads and manholes that could pose a health risk to transportation workers if exposed to hydrogen sulfide vapors emitted from that location. This proposed hazard communication marking requirement is applicable to bulk packagings in domestic transportation only. The new hazardous materials description for “Petroleum sour crude oil, flammable, toxic, UN3494” proposed to be added to the HMT would be used for international transportation of petroleum crude oil with hydrogen sulfide in sufficient concentration that vapors evolved from the crude oil present an inhalation hazard (for both bulk and non-bulk packagings).
Section 172.500
Section 172.500 specifies the applicability of placarding requirements to certain materials. PHMSA is proposing an amendment to paragraph (b)(3) to clarify that limited quantities marked in accordance with revised § 172.315 of the HMR are not subject to placarding requirements.
Section 172.502
Section 172.502 specifies prohibited and permissive placarding requirements. In this NPRM, PHMSA proposes to revise the exceptions provided in paragraph (b)(2) to include the sour crude oil marking and the limited quantity marking in §§ 172.315 and 172.327 of the HMR, respectively.
Part 173
Section 173.4
Section 173.4 prescribes the requirements for small quantities of hazardous materials offered for transportation and transported by domestic highway or rail. PHMSA is proposing to revise paragraph (a) and add new paragraph (a)(1)(v) to allow Division 2.2 (non-flammable, non-poisonous, compressed gas) material without a subsidiary hazard (except for aerosols) without applying for an approval from the Associate Administrator as prescribed under paragraph (c) of this section. Other Class 2 materials, including Division 2.2 aerosols, will still require approval under § 173.4(c) of the HMR. These amendments are consistent with the authorization under § 173.4a(b)(1) for Division 2.2 gases without a subsidiary hazard as well as our proposal to exclude aerosols from authorized materials in § 173.4a of the HMR.
See Section 173.4a
for a discussion of revisions proposed for excepted quantities of hazardous materials.
Section 173.4a
Section 173.4a prescribes the requirements for excepted quantities of hazardous materials offered for transportation and transported by all modes, domestic or international. PHMSA is proposing to amend paragraph (a) by adding a new paragraph (a)(4) for pressure differential capability for packages intended for transportation by aircraft in accordance with § 173.27(c) of the HMR. PHMSA is also proposing to amend paragraph (b)(1) to clarify that the authorization for Division 2.2 (non-flammable, non-poisonous, compressed gas) excludes aerosols as an excepted quantity material. Such articles are authorized as a limited quantity under both domestic and international standards. Additionally, PHMSA is proposing to revise paragraph (b)(5) to add polyester resin kits to the types of Division 5.2 (organic peroxide) material authorized as an excepted quantity and to revise paragraph (d)(3) by correcting the outer packaging aggregate quantity limit for Division 5.2 liquids from 250 mL to 500 mL.
Section 173.4b
Section 173.4b prescribes the requirements for
de minimis
quantities of hazardous materials offered for transportation and transported by all modes, domestic or international. Consistent with the international standards, PHMSA is proposing to add a new paragraph (b) to except non-infectious specimens preserved with small amounts of certain Class 3 (flammable liquid) materials for scientific purposes from the requirements of the HMR. This amendment is also consistent with previous interpretations we have issued on this matter indicating these specimens do not pose a risk to safety during the course of transportations.
Section 173.25
Section 173.25 prescribes the requirements for certain authorized packagings and overpacks. Consistent with the international standards, PHMSA is proposing to require an overpack containing packages of limited quantity material marked with the new limited quantities marking proposed in this NPRM (
see
the
Section 172.315
discussion) to be marked with the word “OVERPACK” if the markings are not visible, in addition to all other required package markings. This mark is an indication that the packages contained within the overpack are in accordance with the HMR. Additionally, for excepted quantities (
see
the
Section 173.4a
discussion) where the required package markings are not visible inside an overpack, the excepted quantities marking must also be placed on the overpack. An overpack containing packages of excepted quantities is not required to be marked with the word “OVERPACK.”
Section 173.27
Section 173.27 prescribes the general requirements for packaging offered or intended for air transportation. In this NPRM, PHMSA is proposing to amend paragraph (f) by adding a new Table 3 that outlines the requirements for limited quantities intended for air transportation consistent with the 2011-2012 ICAO TI where appropriate.
Section 173.40
Section 173.40 specifies the general packaging requirements for toxic materials packaged in cylinders. PHMSA is proposing to amend paragraph (c)(1) concerning closure requirements by requiring the valve connections on UN Specification cylinders to be made by a taper thread or some other means in accordance with ISO Standard 10692-2:2001.
Section 173.59
Section 173.59 provides definitions of explosive terms and are intended for information only. The UN recently defined the term “phlegmatized” as applying to the addition of a substance to an explosive to enhance its safety in handling and transport. In this NPRM, PHMSA is proposing to adopt the definition in the HMR without modification.
Section 173.63
Section 173.63 specifies packaging exceptions for certain Division 1.4S explosive articles authorized for reclassification and transport as ORM-D material. Based on the proposed elimination of the ORM-D hazard class, in this NPRM, PHMSA is authorizing the current exceptions to continue to be used in all domestic modes of transportation for at least three years after the effective date of a final rule, if adopted. PHMSA invites comments or suggestions on how to facilitate a straightforward transition from transportation of explosives articles reclassed as ORM-D to transportation as limited quantity material such that it ensures no undue burdens are placed on shippers and carriers of such articles.
PHMSA is also proposing in § 173.63 to require “Cartridges, power devices, ORM-D-AIR” (UN0323), before being offered for transportation by aircraft, to have been successfully tested in accordance with the new UN Test Series 6(d) test effective April 1, 2011. This proposed requirement is a precondition for reclassification from Division 1.4S to ORM-D for such articles intended for transportation by international highway, rail and vessel effective January 1, 2012. Articles approved as Division 1.4S prior to January 1, 2012, may continue to be offered in domestic highway and rail transportation only until January 1, 2014.
Section 173.120
Section 173.120 defines Class 3 (flammable liquid) material. PHMSA is proposing to revise paragraph (c) to add new testing methods for determining the flash point of a liquid.
Section 173.121
Section 173.121 prescribes the packing group assignment for flammable liquids. Currently, the HMR do not specify test method for determining the boiling point of a liquid which may be necessary for liquids with very low flash points. PHMSA is proposing to revise paragraph (a) to add new testing methods for determining the boiling point of a liquid.
Section 173.124
Section 173.124 defines Class 4 material. For consistency with a revision adopted in the UN Model Regulations, PHMSA proposes to amend the definition of “self-heating” in § 173.124(b)(2) of the HMR to read: “Self-heating of a substance is a process where the gradual reaction of that substance with oxygen (in air) generates heat. If the rate of heat production exceeds the rate of heat loss, then the temperature of the substance will rise which, after an induction time, may lead to self-ignition and combustion.”
Section 173.137
Section 173.137 establishes test criteria and packing group assignments for Class 8 (corrosive) material. Since 1993, PHMSA has authorized under the terms of a special permit an
in vitro
test method as an alternative form of testing to that specified in the HMR to determine the corrosivity of certain substances. Substances authorized for analysis using the alternative test method include acids (and their derivatives), acyl halides, alkylamines and polyalkylamines, bases, chlorosilanes, metal halides, and oxyhalides.
The UN Committee of Experts (COE) recently recognized and adopted
in vitro
test methods in the UN Model Regulations as an alternative form of testing to that specified in OECD Guideline for Testing of Chemicals, Number 404, “Acute Dermal Irritation/Corrosion.” These alternative
in vitro
test methods include:
• OECD Guidelines for the Testing of Chemicals, No. 430, “
In Vitro
Skin Corrosion: Transcutaneous Electrical Resistance Test (TER)” (2004);
• No. 431, “
In Vitro
Skin Corrosion: Human Skin Model Test” (2004); and
• No. 435, “
In Vitro
Membrane Barrier Test Method for Skin Corrosion” (2006).
A positive result under
in vitro
methods 430 and 431 may be used to determine corrosivity for transportation purposes but cannot be used to determine the PG assignment. A negative result for corrosivity under
in vitro
methods 430 and 431 can preclude further testing to determine PG assignment using method 404, the current OECD Guideline involving
in vivo
testing or, method 435, the newly adopted OECD Guideline involving
in vitro
testing.
Based on the adoption of three new OECD guidelines for the
in vitro
testing of materials for corrosivity in the UN Model Regulations and our own initiative, PHMSA is proposing to adopt such guidelines as matter incorporated
by reference (IBR) in §§ 171.7 and 173.137 of the HMR. This is consistent with a petition for rulemaking (P-1550) filed by the People for the Ethical Treatment of Animals (PETA), who voice strong support for such action.
Section 173.144
Section 173.144 would be editorially revised by adding the descriptions “Cartridges, small arms” and “Cartridges, power device” and removing the description “Consumer commodity.”
Sections 173.150, 173.151, 173.152, 173.153, 173.154, 173.155
Sections 173.150 through 173.155 prescribe the exceptions from certain regulation as Class 3, 8 and 9 and Division 4.1, 4.2, 4.3, 5.1, 5.2 and 6.1 materials under the HMR. PHMSA is proposing to revise each of these sections to recognize the UN Model Regulations and IMDG Code provisions for the highway, rail, and vessel transportation of limited quantities. No quantity limits are proposed to decrease; however, two are increased slightly to maintain alignment.
Section 173.150 prescribes specific exceptions for Class 3 (flammable and combustible liquid) materials. Paragraph (d) prescribes exceptions for alcoholic beverages (wine and distilled spirits) as defined in 27 CFR 4.10 and 5.11. In this NPRM, PHMSA is proposing to revise paragraph (d) only to clarify the exceptions by mode of transport in order to provide a better understanding of the applicability of the HMR to such materials.
When we lowered the quantity limits for limited quantities of Division 6.1 (primary or subsidiary) hazardous materials in PG II in a final rule published June 13, 2005 (HM-215G) (70 FR 34065), we did not remove the labeling requirement for such materials when intended for transportation by highway, rail and vessel nor did we authorize them as “Consumer commodity, ORM-D” material. In this NPRM, except for transportation by aircraft, we are proposing to remove the labeling requirement for all limited quantities of Division 6.1 materials in PG II and III as authorized under § 173.153. When the exceptions Column (8A) of the HMT specifies Section 173.153, and the packaged is marked in accordance with § 172.315, PHMSA is proposing not to require a Division 6.1 label for transportation by highway, rail and vessel. We believe this alignment with international standards will promote compliance without compromising safety.
Section 173.156
Section 173.156 prescribes the conditions under which materials reclassed as ORM-D may be offered for transportation and transported in excepted types of packagings or in excess of authorized weight limits when transported to or from a manufacturer, a distribution center, retail outlet, or disposal facility. In this notice, PHMSA is proposing to eliminate the ORM-D hazard class (after three years), if adopted in a final rule. Until that time, use of exceptions provided in § 173.156 will be authorized and extended to all limited quantities marked in accordance with § 172.315 regardless of whether they also meet the definition of a “Consumer commodity” or not. In this NPRM, PHMSA is proposing that markings prescribed in § 172.316 (ORM-D and ORM-D-AIR) will no longer be authorized on or after January 1, 2014.
Section 173.161
Section 173.161 prescribes packaging requirements for chemical kits and first aid kits containing small amounts of hazardous materials. In this notice, PHMSA is proposing to editorially revise the section. In addition, PHMSA is proposing to allow transport of dry ice in accordance with the packaging requirements of § 173.217 in packaging authorized under this section when used as a refrigerant for the contents of a kit. For chemical and first aid kits intended for transportation by air, the reader is also directed to § 173.27 of the HMR.
Section 173.165
A new section 173.165 would be added to prescribe packaging and other requirements for “Polyester resin kits, UN3269” formerly contained in § 172.102, Special provision 40 and § 173.152(b)(4) of the HMR. This amendment is intended to provide clarification of existing requirements while also harmonizing with international standards.
Section 173.167
A new section 173.167 would be added to indicate authorized materials and quantity limits for articles and substances that may be described as “Consumer commodity, ID8000” when intended for transportation by aircraft. Such articles and substances eligible for classification or reclassification to Class 9 are Class 2 materials (non-toxic aerosols only), Class 3 materials (Packing Group II and III only), Division 6.1 (Packing Group III only), UN/NA3077, UN/NA3082, and UN3175 provided such materials do not have a subsidiary risk and are authorized aboard a passenger-carrying aircraft. Inner and outer packaging quantity limits are based on Packing Instruction Y963 of the 2011-2012 ICAO TI. Specification outer packagings are not required under the conditions prescribed in this section.
Section 173.220
Section 173.220 provides exceptions from regulation under the HMR for the transport of internal combustion engines, self-propelled vehicles, mechanical equipment containing internal combustion engines, and battery-powered vehicles or equipment. This section would be revised to include engines, vehicles, and equipment powered by fuel cells consistent with similar provisions under international standards.
Section 173.225
Section 173.225 specifies packaging requirements and other provisions for organic peroxides. When the § 172.101 HMT specifies this section, the organic peroxide must be packaged and offered for transportation in accordance with the provisions of this section. Each packaging must also conform to the general requirements of subpart B of part 173 and to the applicable requirements of part 178 of the HMR. Specifically, organic peroxides that require temperature control are subject to § 173.21(f). When an IBC or bulk packaging is authorized and meets the requirements of paragraph (f) or (h) of § 173.225, respectively, lower control temperatures than those specified for non-bulk packaging may be required. An organic peroxide not identified in paragraph (c), (e), or (g) of § 173.225 by technical name, or not assigned to a generic type in accordance with paragraph (b)(3) of this section, must conform to the requirements in paragraph (c) of § 173.128.
The Organic Peroxides Table specifies by technical name those organic peroxides that are authorized for transportation and not subject to the approval provisions of § 173.128. An organic peroxide identified by technical name is authorized for transportation only if it conforms to all applicable provisions of the table. In this NPRM, PHMSA is proposing to amend the Organic Peroxide Table in § 173.225(c)(8) by adding a new entry and revising current entries. We are also proposing to revise an entry to the Organic Peroxide IBC Table in paragraph (e) of this section.
The following entries in the Organic Peroxide Table are being revised:
UN3106 Di-(2-tert-butylperoxyisopropyl) benzene(s).
Exempt Di-(2-tert-butylperoxyisopropyl) benzene(s).
UN3105 2, 5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane.
The following entry would be added to the Organic Peroxide Table:
UN3103 2, 5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane.
The following entry in the Organic Peroxide IBC Table is being revised:
UN3109 Peroxyacetic acid, stabilized, not more than 17%.
Section 173.230
Section 173.230 prescribes the requirements for fuel cells offered for transportation by all modes. In paragraph (g), PHMSA is proposing to allow only those fuel cells containing flammable liquids and corrosive materials to be transported as a limited quantity by aircraft. In paragraph (h), PHMSA is also proposing to prohibit the reclassification to “Consumer commodity, ORM-D-AIR” for transportation by aircraft.
Section 173.301b
Section 173.301b prescribes general requirements for shipment of UN pressure receptacles. PHMSA is proposing to revise paragraph (c)(2)(iii) to indicate that valve protection requirements for metal hydride storage systems are specified in ISO 16111. Additionally, we are proposing to revise paragraph (e) regarding the integrity of UN pressure receptacles used for pyrophoric gases or flammable mixtures of gases containing more than 1% pyrophoric compounds in accordance with the 16th revised edition of the UN Model Regulations.
Section 173.306
Section 173.306 prescribes the requirements for limited quantities of compressed gases. PHMSA is proposing to revise paragraphs (i) and (k) of the section to recognize the proposed new marking for limited quantities of such materials and provide a transitional period for the eventual elimination of the ORM-D hazard class.
PHMSA is proposing to revise paragraph (h) to clarify that except for transportation by aircraft, lighter refills in the ORM-D hazard class are eligible for the exceptions in paragraph (i) of the section and § 173.156.
Section 173.307
Section 173.307 establishes exceptions for compressed gases. In this NPRM, PHMSA is proposing to add certain light bulbs provided they are packaged appropriately so that if a bulb ruptures all pieces are contained within the package.
Section 173.311
PHMSA is proposing to add a new § 173.311 to prescribe the packaging requirements for Metal hydride storage systems, UN3468, used for the transport of hydrogen. A metal hydride storage system is a single complete hydrogen storage system that includes a receptacle, metal hydride, a pressure relief device, a shut-off valve, service equipment and internal components.
The HMR currently do not prescribe specific packaging or shipping methods for metal hydride storage systems containing hydrogen. However, PHMSA has issued a number of special permits to allow the use of these systems for transport. The UN Model Regulations, in new Packing Instruction P205, prescribe standards for the construction, qualification, marking and requalification of such systems and is the basis for the proposed HMR requirements. Some amendments proposed in new § 173.311 include:
• Applies to transportable metal hydride storage systems with pressure receptacles not exceeding 150 liters in water capacity and having a maximum developed pressure not exceeding 25 MPa.
• Requires transportable metal hydride storage systems to be designed, constructed, initially inspected and tested in accordance with ISO standard 16111:2008, “Transportable gas storage devices—Hydrogen absorbed in reversible metal hydride.” as authorized under § 178.71(f) (formerly reserved).
• Requires steel pressure receptacles or composite pressure receptacles with steel liners to be marked in accordance with § 173.301b(f) of the HMR which specifies that a steel UN pressure receptacle bearing an “H” mark must be used for hydrogen bearing gases or other gases that may cause hydrogen embrittlement.
• Requires a requalification interval of no more than five years as specified in § 180.207 of the HMR in accordance with the requalification procedures prescribed in ISO 16111.
Section 173.320
Section 173.320 provides exceptions from certain regulations for cryogenic liquids. In this NPRM, PHMSA is proposing to add a paragraph clarifying authorization of use of the IMDG Code for the transportation of cryogenic liquids aboard vessels consistent with amendments made to the IMDG Code concerning stowage of cryogenic liquids.
Section 173.322
Section 173.322 prescribes various packaging methods for ethyl chloride. In this NPRM, PHMSA is proposing to adopt the amended provisions from packaging instruction P200 of the UN Model Regulations for ethyl chloride in a new paragraph (e). This new packaging method authorizes ethyl chloride in capsules not exceeding 150 g of gas each, closed with a secondary means applied, and placed in a strong outer packaging not to exceed 75 kg gross mass.
Part 175
Section 175.8
Section 175.8 provides for exceptions from certain regulation for air carrier operator equipment and items of replacement. PHMSA is proposing to revise paragraph (b)(3) to clarify that transportation of alcoholic beverages, perfumes, colognes, and liquefied gas lighters carried aboard a passenger-carrying aircraft by an operator must be for use or sale of those items on that specific aircraft.
See
Ref. No. 09-0207 under the “Interpretations” link on our Web site.
Section 175.9
Section 175.9 prescribes the applicability of the HMR to special aircraft and rotocraft operations. This section also prescribes the conditions under which certain operations may be performed in accordance with 14 CFR and 49 CFR (
e.g.,
avalanche and weather control). In this notice, PHMSA is emphasizing that rotocraft operations are fully subject to both sets of regulations.
Section 175.10
Section 175.10 specifies the conditions for which passengers, crew members or an operator may carry hazardous materials aboard an aircraft. PHMSA is proposing to add a new paragraph (a)(17) to permit a mobility aid such as a wheelchair, containing a lithium-ion battery, to be transported in accordance with the exceptions provided in this section. A wheelchair or other mobility aid that contains a lithium metal battery is not permitted aboard a passenger-carrying aircraft. As a result of this proposed amendment, current paragraph (a)(17) is redesignated as paragraph (a)(18) and current paragraph (a)(18) is redesignated as paragraph (a)(19).
Paragraph (a)(19) is being revised to allow passengers and crew members to place certain spare fuel cell cartridges in checked baggage. This exception does not apply to Divisions 2.1 or 4.3
materials contained in spare fuel cell cartridges. Although the ICAO TI only restricts spare fuel cell cartridges containing Division 4.3 materials from checked baggage, PHMSA strongly believes that the restriction should also include spare cartridges containing Division 2.1 materials. Thus, PHMSA is proposing a risk-based regulatory amendment to allow spare fuel cell cartridges containing flammable and corrosive liquids in checked baggage while continuing to require spare fuel cell cartridges containing Division 2.1 and 4.3 materials to be carried aboard in carry-on baggage only. This proposal is also consistent with the risk-based limited quantity authorization for fuel cells and cartridges containing Division 2.1 and 4.3 materials offered for transportation and transported by aircraft in amendments proposed in § 173.230 of this notice.
Section 175.25
PHMSA is proposing to require operators to provide certain information to passengers regarding what hazardous materials they may check-in or carry-on a flight. Effective January 1, 2011, this information is to be provided at points of ticket sale and, effective January 1, 2013, at automated or remote passenger check-in. Consistent with the ICAO TI, if adopted these amendments will require a passenger to acknowledge limitations before a ticket purchase and automated or remote check-in can be finalized. PHMSA believes these amendments only clarify existing regulatory requirements in § 175.25 that have not been updated due to changing technologies used by air carriers to either sell tickets (Internet) or check-in passengers (automated kiosks). Additionally, these amendments provide air carriers greater flexibility in how the information they are required to provide passengers on hazardous materials is disseminated to them.
Section 175.30
Section 175.30 prescribes inspection procedures for operators. PHMSA is revising paragraph (e) regarding overpack marking requirements for packages of limited quantities offered for transportation by aircraft.
Section 175.75
Section 175.75 prescribes quantity limitations and cargo location requirements for hazardous materials transported by aircraft. PHMSA is proposing to revise paragraph (e) to correct an inadvertent cargo compartment restriction for passenger-authorized materials carried aboard a cargo-only aircraft published in a final rule under docket HM-215J (January 14, 2009; 74 FR 2267). PHMSA is also proposing to revise the paragraph (f) Quantity and Loading Tables for clarity.
Section 175.78
Section 175.78 prescribes the stowage compatibility of hazardous materials offered for transportation by aircraft. PHMSA is proposing to revise paragraph (c)(4)(iii) to specify that except as provided in paragraph (c)(4)(iv) of § 175.78, Division 1.4B explosive materials may only be stowed together with Division 1.4S explosive materials. This revision is in accordance with an amendment made in the 2011-2012 ICAO TI.
Part 176
Section 176.2
Section 176.2 establishes definitions specific to the transportation of hazardous materials by vessel. PHMSA is proposing to revise the definition for “Cargo transport unit” to include a multiple-element gas container or MEGC.
Section 176.76
Section 176.76 prescribes certain requirements for transport vehicles, freight containers, and portable tanks containing hazardous materials transported by vessel. In this notice, we are revising paragraph (a)(9) to require that when security devices, beacons or other tracking or monitoring equipment are used, they must be securely installed and must be of a certified safe type for the hazardous materials that will be carried within the freight container or transport vehicle.
Section 176.84
Section 176.84 outlines additional requirements for stowage and segregation of hazardous materials transported by cargo and passenger vessels. In this NPRM, PHMSA is proposing to remove the redundant stowage code “143.” This provision is currently assigned to UN1259, UN2845, UN3194, UN3392, and UN3394 which prohibits the carriage of them aboard a vessel transporting Class 1 explosive material (except for explosive of Division 1.4S).
See
the Section 172.101 Hazardous Materials Table changes for our proposed amendment that adds stowage code “78” to the above materials of extreme flammability. Such materials are now required to be “separated longitudinally by an intervening complete compartment or hold from explosives” based on amendments adopted in the IMDG Code.
Section 176.142
Section 176.142 prescribes the requirements for hazardous materials of extreme flammability transported on the same vessel as Class 1 (explosive) materials. In this NPRM, PHMSA is proposing to delete this outdated section as the restriction no longer exists. Hazardous materials of extreme flammability are no longer prohibited from stowage on the same vessel as explosives. For these entries, the most restrictive stowage requirements will be required.
Section 176.905
Section 176.905 prescribes specific requirements for motor vehicles or mechanical equipment powered by internal combustion engines that are offered for transportation and transported by vessel. For consistency with Amendment 35-10 of the IMDG Code, PHMSA is proposing to remove the signage requirement for such articles in paragraph (a)(5) and the ignition key removal provisions from paragraph (a)(6).
Part 178
Section 178.71
Section 178.71 establishes the specifications for UN pressure receptacles. In this NPRM, we are proposing to amend the cylinder bundle marking requirements in § 178.71(e) by adding a new paragraph (e)(8) specifying pressure vessel markings only apply to the pressure vessel itself and not to the assembly structure of the bundle. Additionally, we are proposing to add new paragraphs (f) and (m), that establish the design and construction requirements for UN metal hydride storage systems and refillable welded cylinders, respectively. To accomplish this, we are redesignating paragraphs (m) through (r) as paragraphs (n) through (s), and revising paragraphs (q) and (s) accordingly to correct paragraph references. Further, we are adding three ISO standards to the IBR table in § 171.7 of this subchapter for UN refillable welded cylinders (4706, 18172-1 and 20703). Lastly, we are proposing to require that transportable metal hydride storage systems (
see
§ 173.311) be designed, constructed, initially inspected and tested in accordance with ISO 16111:2008, “Transportable gas storage devices—Hydrogen absorbed in reversible metal hydride.” as authorized under § 178.71(m).
Section 178.275
Section 178.275 prescribes requirements for UN portable tanks intended for transportation of liquid and
solid hazardous materials. Currently, § 178.275(h) prohibits the use of fusible elements on portable tanks with a test pressure which exceeds 2.65 bar (265 kPa). In § 172.102(c)(8), we proposed to add a new portable tank Special provision “TP36” authorizing the use of fusible elements in the vapor space of portable tanks with a gauge test pressure that exceeds 265 kPa (38.4 psig/2.65 bar) for certain organometallic substances. In this NPRM, we are proposing to authorize use of fusible elements based on a well-established history of safe transportation of these substances in portable tanks equipped with fusible elements capable of properly functioning at pressure of at least 1000 kPa (145 psig/10 bar). Past experience of the use of fusible elements indicates reliability and a proper functioning even in the event of a release during loading or unloading. Additionally, for organometallic materials that are shipped in rigid portable tanks with a minimum test pressure of more than 265 kPa (38.4 psig/2.65 bar), the tanks are required to be equipped with a depressurizing system that releases the inside pressure to avoid rupturing the tank as a result of an inadvertent release or fire. Fusible elements are used by shippers as a secondary pressure relief device, in addition to a re-closing pressure relief device. No regulatory amendments are proposed to this section.
Section 178.347-1
Section 178.347-1 prescribes the general requirements for DOT Specification 407 cargo tank motor vehicles. Paragraph (d)(9) prescribes weld integrity, compliance and acceptance criteria for bulkheads.
The exemption in § 178.347-1(d)(8) currently provides an unconditional exemption from UW-12 for all joints. Section 178.347-1(d)(9) applies a condition to one particular joint configuration in a head. In petition P-1333, TTMA requested that we adopt a weld joint efficiency of 0.85 for head seams in bulkheads on DOT 407 cargo tanks. Based on review of the TTMA petition and additional information that was provided, we proposed in the HM-213 NPRM (66 FR 63095; December 4, 2001) that the strength of a weld seam in a bulkhead without radiographic examination of the weld must be 0.85 of the strength of the bulkhead. The welded seam must be a full penetration butt weld, no more than one seam may be used per bulkhead, and the welded seam must be completed before forming the dish radius and knuckle radius.
TTMA commented on the above proposal to the NPRM regarding § 178.347-1(d)(9), General Requirements and stated, “While we agree with the proposal to allow a provisional 85% weld joint efficiency for DOT 407 heads with butt-welded seams, we would like to see the requirements of UW-12 of the ASME Code specifically exempted for this welded joint. Even though this section implies an exemption, the exemption is not specific. We suggest the following wording, * * * “The strength of a weld seam in a bulkhead that has not been radiographically examined shall be 0.85 of the strength of the bulkhead and be exempted from the requirements of UW-12 of the ASME Code under the following condition;”
In the final rule, we agreed with their comment and agreed to make the change; however, it was changed in a corrections document (68 FR 52363; September 3, 2003). The final rule stated: “In its comments to the NPRM, TTMA agrees with the provisional 85% weld joint efficiency for DOT 407 heads with butt-welded seams. However, TTMA suggests that we include the requirements of Part UW-12 of the ASME Code to the list of excepted requirements in § 178.347-1(d)(8). We agree with TTMA. In this final rule, we are adding Part UW-12 of the ASME Code to the list of excepted requirements.”
In October 2004, we added an exemption from the radiography/joint efficiency requirements of ASME VIII sec UW-12 for DOT 407 cargo tanks 35 psig and less in § 178.347-1(d)(8) and (9). The intent was to provide a conditional alternate means of determining a joint efficiency for certain head welds. Listing UW-12 in § 178.347-1(d)(8) instead of (9), however, results in an unconditional exemption from UW-12 in all welds on these tanks. Therefore, we are proposing to revise § 178.347-1(d)(9), add a new subparagraph (i), and re-number accordingly in order to harmonize these requirements with the applicable Transport Canada Regulations.
Section 178.603
Section 178.603 prescribes the drop test requirements for non-bulk packagings in the HMR. In this notice, PHMSA is proposing to revise paragraph (f)(4) to amend the criteria for passing the tests. Currently, the HMR only require that there is no leakage of filling substance from the inner packaging. In this notice, we are proposing to also require that inner receptacles, inner packagings and articles remain completely within the outer package when drop tested.
Section 178.703
Section 178.703 prescribes the marking requirements for IBCs. PHMSA is proposing to align paragraph (a)(1)(viii) with the UN Model Regulations by requiring the gross mass, in kg, to be marked on all IBC types. Currently, the HMR require a net mass to be marked on flexible IBCs which is inconsistent with international standards. PHMSA inadvertently did not revise the HMR when the international standards were amended to specify that a maximum permissible gross mass be marked on all IBC types.
Section 178.955
Section 178.955 establishes definitions used with regard to Subpart Q of Part 178 that prescribes the design and testing criteria for Large Packagings. PHMSA is proposing to add the following two new definitions, “Remanufactured Large Packaging” and “Reused Large Packaging,” in new paragraphs (c)(6) and (c)(7), respectively. A “remanufactured” large packaging would be defined as a metal or rigid plastic large packaging that is produced as a UN type from a non-UN type or is converted from one UN design type to another UN design type. Remanufactured large packagings are subject to the same HMR requirements that apply to a new large packaging. A “reused” large packaging would be defined as a large packaging to be refilled which has been examined and found free of defects affecting the ability to withstand the performance tests. The term includes those which are refilled with the same or similar compatible contents and are transported within distribution chains controlled by the consignor of the product.
Part 180
Section 180.207
Section 180.207 prescribes the requirements for the requalification of UN pressure receptacles. In this notice, PHMSA is proposing to require that metal hydride storage systems be requalified every five years in accordance with ISO 16111:2008 and the records of that requalification be retained in accordance with § 180.215 of the HMR.
Section 180.350
Section 180.350 prescribes applicability and defines certain terms regarding the qualification and maintenance of IBCs. PHMSA is proposing to revise paragraph (b) to indicate that the replacement of the inner receptacle of a composite IBC with one from the original manufacturer is
considered repair. This revision is consistent with the recent change in the definition of “repair” in the UN Model Regulations.
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This proposed 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 materials in intrastate, interstate, and foreign commerce. This proposed 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 above, the proposed rule amends the HMR to more fully align them with the biennial updates of the UN Model Regulations, the IMDG Code and the ICAO TI.
Harmonization serves to facilitate international commerce; at the same time, harmonization promotes 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 explained in the corresponding sections above, we are not proposing harmonization with certain specific provisions of the UN Model Regulations, the IMDG Code, and the ICAO TI. Moreover, we are maintaining a number of current exceptions for domestic transportation that should minimize the compliance burden on the regulated community.
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 rule proposes to amend 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 above, PHMSA proposes to incorporate changes into the HMR based on the Sixteenth revised edition of the UN Model Regulations, Amendment 35-10 to the IMDG Code, and the 2011-2012 ICAO TI, which become effective January 1, 2011. The continually increasing amount of hazardous materials transported in international commerce warrants the harmonization of domestic and international requirements to the greatest extent possible.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. The proposed rule is not considered a significant rule under the Regulatory Policies and Procedures of the Department of Transportation [44 FR 11034]. This proposed rule applies to offerors and carriers of hazardous materials, such as chemical manufacturers, chemical users and suppliers, packaging manufacturers, distributors, radiopharmaceutical companies, and training companies. Benefits resulting from the adoption of the amendments in this proposed rule include enhanced transportation safety resulting from the consistency of domestic and international hazard communications and continued access to foreign markets by U.S. manufacturers of hazardous materials.
The majority of amendments in this proposed rule should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.
We propose 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 the proposed rule is considered to be minimal. Initial start-up and inventory costs would result from these changes; however, the costs would be offset by greater long-term savings of conformance with one set of regulations and a one-year transition period. A regulatory evaluation is available for review in the public docket for this rulemaking.
C. Executive Order 13132
This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). This proposed rule preempts State, local and Indian Tribe requirements but does not propose any regulation that has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-5128, contains an express preemption provision (49 U.S.C. 5125(b)) that preempts State, local and Indian Tribe requirements on certain covered subjects, as follows:
(1) The designation, description, and classification of hazardous material;
(2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents related to hazardous material 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 material; and
(5) The design, manufacture, fabrication, inspection, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
This proposed rule addresses covered subject items (1), (2), (3), (4) and (5) above and preempts State, local, and Indian Tribe requirements not meeting the “substantively the same” standard. This proposed rule is necessary to incorporate changes adopted in international standards, effective January 1, 2011. If the changes in this proposed rule are not adopted in the HMR, U.S. companies, including numerous small entities competing in foreign markets, would be at an economic disadvantage. These companies would be forced to comply with a dual system of regulations. The changes in this proposed rulemaking are intended to avoid this result. Federal hazardous materials transportation law provides at 49 U.S.C. 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. PHMSA proposes the effective date of Federal preemption be 90 days from publication of a final rule in this matter.
D. Executive Order 13175
This proposed rule was analyzed in accordance with the principles and criteria contained in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”). Because this proposed rule does not have Tribal implications, does not impose substantial direct compliance costs, and is required by statute, the funding and consultation requirements of Executive Order 13175 do not apply.
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 proposed rule facilitates the transportation of hazardous materials in international commerce by providing consistency with international standards. This proposed rule applies to offerors and carriers of hazardous materials, some of whom are small entities, such as chemical manufacturers, users and suppliers, packaging manufacturers, distributors and training companies. As discussed above, under
Executive Order 12866,
the majority of amendments in this proposed rule should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.
Many companies will realize economic benefits as a result of these amendments. Additionally, the changes effected by this final rule will relieve U.S. co
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