Hazardous Materials: Harmonization with International Standards (RRR)

Federal RegisterAug 15, 2012

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176 and 178

[Docket Nos. PHMSA-2012-0027 (HM-215L)]

RIN 2137-AE87

Hazardous Materials: Harmonization with International Standards (RRR)

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 and subsequently address a petition for rulemaking.

DATES:

Comments must be received by October 15, 2012.

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-2012-0027 (HM-215L) or RIN 2137-AE87 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 or Vincent Babich, International Standards, telephone (202) 366-8553, 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. Executive Summary

II. Background

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 Orders 12866 and 13563 and DOT Regulatory Policies and Procedures

C. Executive Order 13132

D. Executive Order 13175

E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures

F. Paperwork Reduction Act

G. Regulatory Identifier Number (RIN)

H. Unfunded Mandates Reform Act

I. Environment Assessment

J. Privacy Act

K. Executive Order 13609 and International Trade Analysis

I. Executive Summary

PHMSA has initiated a rulemaking project to maintain alignment with international regulations and 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. This rulemaking project is part of our ongoing biennial process to harmonize the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) with international regulations and standards.

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 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 consider 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 community.

This NPRM proposes to amend the HMR to maintain alignment with various international standards. The following are some of the more noteworthy proposals in this NPRM:

•

Incorporate Revised Standards:

PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards including the 2013-2014 International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), Amendment 36-12 to the International Maritime Dangerous Goods Code (IMDG Code), and the 17th Revised Edition of

the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations). Additionally, we are proposing to update our incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 8 (SOR/2011-239) issued November 9, 2011, Amendment 9 (SOR/2011-60) issued March 16, 2011, and Amendment 10 (SOR/2011-210) issued October 12, 2011. Finally, in this NPRM PHMSA is proposing the adoption of updated International Standards Organization (ISO) standards.

If the amendments in this proposed rule are not adopted in the HMR by January 1, 2013, the date most of the international standards above take effect, 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 amendments proposed in this rulemaking are intended to avoid this result.

•

Expand Packaging Authorizations:

Consistent with amendments adopted by the UN Model Regulations, PHMSA proposes to adopt changes throughout the Part 173 packaging requirements to authorize more flexibility when choosing packages for hazardous materials. These changes include, but are not limited to, the authorization to allow wood as a material of package construction for certain explosives the authorization to use metals other than steel or aluminum for drums and boxes; and the authorization, where appropriate, to permit the use of non-removable head drums in those instances where removable head drums are otherwise authorized.

These amendments will allow additional flexibility to the regulated community with respect to the material of construction authorized for such packages and types of packages authorized, without compromising safety.

•

Revise Vessel Stowage Codes:

PHMSA proposes to revise, consolidate, and delete various vessel stowage codes. Specifically, PHMSA is proposing to revise the vessel stowage location requirements for explosives by reducing the number of explosive stowage categories from 15 to 5 in column 10A of the Hazardous Materials Table (HMT) found in § 172.101. In addition to the changes in column 10A, in this NPRM PHMSA is proposing modifications to the vessel stowage codes listed in column 10B of the HMT. These changes are designed to harmonize with the IMDG Code, reduce the number of redundant vessel stowage codes and add various vessel segregation definitions in § 176.2.

These revisions to the vessel stowage requirements in column 10 of the HMT are proposed to eliminate redundant codes, align with modifications to the IMDG Code and to simplify the vessel stowage requirements by limiting the number of stowage options without compromising safety. PHMSA believes these changes will greatly simplify vessel stowage requirements and facilitate international transportation of hazardous materials in commerce by aligning the HMR with the IMDG Code, while continuing to achieve an appropriate level of safety.

•

Adopt Flexible Bulk Container Requirements:

PHMSA proposes to incorporate a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs). FBCs are bulk packages with a capacity over the currently authorized maximum volumetric capacity for IBCs. The maximum proposed volumetric capacity of FBCs is 15 cubic meters. PHMSA proposes to harmonize with the internationally recognized definition of FBCs, adopt performance-oriented packaging design and testing standards for FBCs, and impose operational controls on the use of FBCs in transport. These FBC requirements will be modeled after the FBC requirements adopted into the 17th Revised Edition of the UN Model Regulations.

FBCs provide shippers the opportunity to utilize a reusable packaging for bulk shipments of certain authorized low-hazard commodities. The associated design-type testing requirements ensure a high level of packaging integrity, and experience with such packagings in international transportation has verified the safety of these packagings.

•

Adopt Chemical Under Pressure Provisions:

We are proposing to revise the HMT to include entries for chemical under pressure as well as incorporate other safety requirements including but not limited to packaging requirements, segregation requirements, quantity limitations, and filling limits into the HMR.

There is often confusion with regard to the proper classification of chemical under pressure. Currently, these types of products are often incorrectly classified and transported as liquefied gases or shipped under special permits. The addition of packaging requirements specific to chemical under pressure will ensure that an appropriate level of safety is achieved for these unique materials.

•

Specify Minimum Size Requirements for Identification Number Markings on Non-Bulk Packages:

PHMSA proposes to add specific size requirements for identification number (i.e., “UN,” “NA,” “ID”) markings as prescribed in § 172.301 for non-bulk packages. PHMSA proposes this minimum size marking for the “UN,” “NA,” and “ID” markings to align with newly adopted requirements in the 17th Revised Edition of the UN Model Regulations.

PHMSA recognizes the importance of establishing a minimum size requirement for the internationally recognized “UN” identification number marking system. Without a minimum size requirement for hazard communication, shippers may mark packages in a format that makes it difficult for first responders to identify the commodity associated with a particular package.

•

Revise HMT Entries:

In this NPRM, PHMSA proposes amendments to the § 172.101 Hazardous Materials Table (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 limits. The proposed changes to the HMT mirror recent changes in the Dangerous Goods list of The 17th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions.

If adopted in a final rule, the amendments proposed in this NPRM will result in minimal burdens on the regulated community. The benefits resulting from the adoption of the amendments include enhanced transportation safety resulting from the consistency of domestic and international hazard communication and continued access to foreign markets by U.S. manufacturers of hazardous materials. The majority of amendments in this NPRM 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.

PHMSA solicits comments on the need for these amendments and others proposed in this NPRM. Specifically, PHMSA requests comments on the benefits and costs of international harmonization, including the impact on safety and any other relevant concerns regarding the amendments proposed in this NPRM. In addition, PHMSA solicits comment from the regulated community

regarding approaches to reducing the costs of this rule while maintaining or increasing the benefits. In its preliminary analysis, PHMSA concluded that the aggregate benefits justify the aggregate costs as a result of the amendments proposed in this NPRM. Nonetheless, PHMSA solicits public comment on specific changes (for example, greater flexibility with regard to a particular amendment) that might improve the rule.

II. 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 PHMSA, comprehensively revised the HMR to harmonize U.S. hazardous materials transportation requirements with the UN Model Regulations. The UN Model Regulations constitute a set of recommendations issued by the UNSCOE and the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UN Model Regulations are amended and updated biennially by the UNSCOE and serve as the basis for national, regional, and international modal regulations, including the IMDG Code and the ICAO Technical Instructions.

Since publication of the 1990 rule, PHMSA has issued nine additional international harmonization rulemakings under 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]; HM-215J [74 FR 2200]; and HM-215K [76 FR 3308]. These rulemakings were based on biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions.

et seq.

) directs PHMSA to participate in relevant international standard-setting bodies and encourages alignment of the HMR with international transport standards to the extent practicable while recognizing that deviations may at times be necessary to be consistent with the public interest (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. Harmonization has also become increasingly important as the volume of hazardous materials transported in international commerce grows. By facilitating compliance, harmonization enhances safety. PHMSA actively participates in relevant international standard-setting bodies and promotes the adoption of standards consistent with the high safety standards set by the HMR.

When considering alignment of the HMR with international standards, we review and evaluate each amendment on its own merit, on the basis of its overall impact on transportation safety, and the on the basis of 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 or imposing undue burdens on the regulated community.

Based on this review and evaluation, in this NPRM PHMSA is proposing to revise the HMR to incorporate changes from the 17th Revised Edition of the UN Model Regulations, Amendment 36-12 to the IMDG Code, and the 2013-2014 ICAO Technical Instructions, which become effective January 1, 2013 (The IMDG Code is effective January 1, 2013; however, the previous amendment may continue to be used until January 1, 2014).

In addition, PHMSA proposes to incorporate by reference (see 171.8) the newest editions of various international standards. These standards incorporated by reference are authorized for use, under specific circumstances, in Subpart C of Part 171 of the HMR. This proposed rule is necessary to incorporate revisions to the international standards and, if adopted in the HMR, will be effective January 1, 2013.

Possible Interim Final Rule

If the changes in this proposed rule are not adopted by January 1, 2013, U.S. companies, including numerous small entities competing in foreign markets, would be at an economic disadvantage because these companies would be forced to comply with a dual system of regulations (specifically, the U.S. HMR, UN Model Regulations, and ICAO Technical Instructions). As previously noted, the changes to the international standards will take effect on January 1, 2013. Therefore, it is essential that a final rule incorporating these standards by reference be published no later than December 31, 2012 with an effective date of January 1, 2013. To this end, if it appears a final rule under this docket will not be published prior to January 1, 2013, PHMSA will publish a bridging document in the form of an interim final rule to amend the HMR by incorporating the 17th Revised Edition of the UN Recommendations and the 2013-2014 ICAO Technical Instructions.

With regard to Amendment 36-12 of the IMDG Code, the International Maritime Organization approved an implementation date of January 1, 2014. The current edition of the IMDG Code (Amendment 35-10) remains in effect through 2013 and, therefore, the newest version of the IMDG Code will not be included in any bridging document. The proposed incorporation by reference of the newest edition of the IMDG Code and all other changes proposed in this NPRM would be addressed in a subsequent final rule also under this Docket, PHMSA-2012-0027 (HM-215L). Accordingly, any interim final rule will only incorporate by reference editions of the international standards that become effective on January 1, 2013.

III. Harmonization Proposals in this NPRM

In addition to various revisions of the HMT and special provisions, in this NPRM, PHMSA is proposing the following amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO Technical Instructions, and the IMDG Code:

Chemical under pressure

Manufacturers in the United Kingdom, the United States, Australia, Canada, and other countries are supplying pressurized products contained and transported in gas cylinders. These products are liquids or solids such as adhesives, coatings, and cleaners combined with a gas or gas mixture in pressure receptacles under sufficient pressure to expel the contents. These mixtures are typically expelled from the pressurized cylinders as foams, streams, or thick sprays.

Currently the HMR does not address liquids or solids transported under pressure. A typical product that would meet this description is a combination of a propellant (gas phase) and a liquid or solid component. Accordingly, the term liquefied gas does not correctly identify the contents of the container, nor can the material accurately be described by the name of the gas or liquid/solid component alone.

The new entries (UN numbers) and corresponding provisions for “chemical under pressure” address their unique characteristics and ensure the safe transport of such materials. These entries and corresponding requirements were adopted into the 17th Revised Edition of the UN Model Regulations. Subsequently, ICAO and IMO adopted

the entries for chemicals under pressure as well as modal-specific requirements.

In this NPRM, PHMSA is proposing to revise the HMT to include individual entries for chemical under pressure and incorporate other safety requirements including, but not limited to, quantity and filling limits and packaging and segregation requirements.

Hazardous Materials Table (HMT)

In this NPRM, PHMSA proposes amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits. In addition, PHMSA is proposing to comprehensively revise vessel stowage requirements to align with recent changes adopted into the IMDG Code.

Incorporation by Reference

In this NPRM, PHMSA proposes to incorporate by reference the latest editions of various international transport standards including the 2013-2014 ICAO Technical Instructions, Amendment 36-12 of the IMDG Code, and the 17th 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 8 (SOR/2011-239) dated November 9, 2011; Amendment 9 (SOR/2011-60) dated March 16, 2011; and Amendment 10 (SOR/2011-210) dated October 12, 2011. 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. Finally, PHMSA is proposing the incorporation by reference of new and updated International Standards Organization (ISO) standards.

Flexible Bulk Containers (FBCs)

In this NPRM, PHMSA proposes to incorporate a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs). FBCs are flexible bulk packages with a capacity over the currently authorized maximum volumetric capacity for flexible IBCs, but not exceeding 15 cubic meters. FBCs provide shippers the opportunity to utilize a reusable flexible packaging for bulk shipments of certain low-hazard commodities, all of which are currently authorized in non-specification bulk bins.

The 17th Revised Edition of the UN Model Regulations adopted a performance-oriented standard for flexible bulk container design and testing. PHMSA proposes to harmonize with the internationally recognized definition of FBCs, adopt the same performance-oriented packaging design and testing standards for FBCs, and impose similar operational controls on the use of FBCs in transport. The applicable proposed definitions, operational controls, performance-oriented standards, and testing requirements will be discussed in further detail in the section by section review portion of this NPRM.

Explosive Definitions

In this NPRM, PHMSA proposes modifying the definitions for “Articles, explosive, extremely insensitive (Articles, EEI)” and “Cartridges, blank.” We also propose to replace the definition for “Explosive, extremely insensitive detonating substances (EIDS)” with a new definition for “Explosive, extremely insensitive substances (EIS).” Finally, we propose to add a definition for “Auxiliary explosive component, isolated.” The addition and modification of these definitions will provide consistency with international regulations and clarity when utilizing the UN test series 7 for explosive classification.

Packaging Authorizations

Part 173 of the HMR describes the general requirements for shipments and packagings of hazardous materials. Consistent with amendments adopted by the UN Model Regulations, PHMSA proposes to amend various Part 173 packaging requirements to authorize more flexibility when selecting packagings for hazardous materials. These proposed amendments include, but are not limited to, the authorization to use wood as a material of package construction for certain explosives, the authorization to use metals other than steel or aluminum for boxes and drums for certain hazardous materials, and the incorporation of authorizations and specifications for FBCs.

Vessel Stowage Requirements

The requirements for vessel stowage are described and specified in § 172.101(k) and HMT entries are assigned appropriate vessel stowage codes and stowage special provisions in column (10) of the HMT. Column (10) is divided into two columns: column (10A) [Vessel stowage] specifies the authorized stowage locations on board cargo and passenger vessels and column (10B) [Other provisions] specifies special stowage and segregation provisions.

In this NPRM, we are proposing to clarify these instructions by revising the vessel stowage location requirements for explosives and reducing the number of explosive stowage categories from 15 to 5 in column (10A) of the HMT. Specifically, explosive stowage categories 6 through 15 will be eliminated, and stowage categories 1 through 5 will be retained and modified. This consolidation of codes is proposed to eliminate redundant codes, align with modifications to the IMDG Code, and simplify the vessel stowage requirements by limiting the number of stowage options without compromising safety.

In addition to the HMT changes related to explosives stowage, in this NPRM PHMSA is proposing modifications to the vessel stowage provisions listed in column (10B) of the HMT. For harmonization with the IMDG Code, PHMSA proposes to incorporate the addition of a new definition for protected from sources of heat and potential or possible sources of ignition (see Section 176.2 of this NPRM for definitions), and subsequently revise and delete various vessel stowage provisions. These changes were developed to eliminate redundant codes, align with revisions to the IMDG Code, and simplify the vessel stowage requirements. By limiting the number of stowage options, we believe it will substantially reduce the complexity of the regulations without compromising safety.

The revisions and consolidations of vessel storage codes in column (10A) and the stowage provisions in (10B) of the HMT are discussed in further detail below. PHMSA believes these changes will greatly simplify vessel stowage requirements and facilitate the seamless international transport of hazardous materials by aligning with the IMDG Code.

Mercury

Consistent with the various international standards, PHMSA is proposing to add an internationally recognized proper shipping name and identification number for UN3506, Mercury contained in manufactured articles, and the addition of a Division 6.1 (toxic) subsidiary hazard risk to UN2809, Mercury. Data presented to the UN Committee of Experts on the Transport of Dangerous Goods (UNSCOE) in the last biennium indicated the need for assigning a subsidiary risk of Division 6.1 to

UN2809, Mercury, and the need to adopt a separate description for UN3506, Mercury contained in manufactured articles.

IV. Amendments Not Being Considered for Adoption in This NPRM

This NPRM proposes changes to the HMR based on amendments adopted in the 17th Revised Edition of the UN Model Regulations, the 2013-2014 edition of the ICAO Technical Instructions, and Amendment 36-12 to the IMDG Code. 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 addressed, or will address, 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. 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.

The following is a list of 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:

Security Provisions for High Consequence Dangerous Goods

The 17th Revised Edition of the UN Model Regulations adopted modifications to the security provisions specified in Chapter 1.4 with regard to “high consequence dangerous goods.” Specifically, these changes address the handling of certain Class 7 radioactive materials. In the 17th Revised Edition the UN adopted a list of transport security thresholds for specific radionuclides in Table 1.4.2 of Chapter 1.4. Materials identified in this table exceeding the transport security thresholds indicated in terabecquerels (TBq) would be subject to additional security requirements such as security training and security plans.

In this NPRM, PHMSA is not proposing the adoption of the changes to the security requirements found in the HMR with regard to high consequence dangerous goods. These amendments to the international recommendations and regulations are not being adopted because the existing safety and security requirements found in Subpart I of Part 172 are consistent with and provide for a level of safety and security equivalent to the revised UN Model Regulations.

Requirements for Lithium Batteries

On January 11, 2010, PHMSA published an NPRM in the

Federal Register

under Docket HM-224F (75 FR 1302). The NPRM included provisions to ensure lithium batteries are properly 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.

Subsequently, on April 11, 2012, PHMSA published a notice in the

Federal Register

requesting additional comment on the impacts of changes to the requirements for the air transport of lithium cells and batteries that were adopted into the 2013-2014 ICAO Technical Instructions. PHMSA is considering whether to harmonize the HMR with these requirements, and published a notice to allow interested persons an opportunity to supplement comments to the HM-224F NPRM.

The HM-224F NPRM and the April 11, 2012 notice, which PHMSA developed in close coordination with the Federal Aviation Administration (FAA), are the latest in a series of actions PHMSA has taken to address the potential risks posed by lithium batteries in transportation. These publications solicit comments on revisions to the HMR and are based on lithium battery provisions in the 16th Revised Edition of the UN Model Regulations and the 2013-2014 ICAO Technical Instructions. Because lithium batteries are addressed in separate battery-specific rulemakings and notices, PHMSA is not proposing amendments pertaining to the transportation of lithium cells and batteries in this NPRM. The docket for the lithium battery rulemaking can be found at

http://www.regulations.gov

under PHMSA-2009-0095.

Notification to the Pilot-In-Command

Section 175.33 of the HMR addresses the requirements for notification of pilot-in-command regarding hazardous materials stowed aboard the aircraft. Recent amendments adopted in the upcoming 2013-2014 edition of the ICAO Technical Instructions modify the information required to be given to the pilot-in-command as prescribed in Part 7; 4.1. These modifications include a requirement that the operator of an aircraft transporting hazardous materials provide personnel with responsibilities for operational control of the aircraft with the same information that is required to be provided to the pilot-in-command. In addition, the modifications also include a table of hazardous materials not required to appear on the notification provided to the pilot-in-command. Because better analysis is necessary to assess the regulatory impact of alignment with the ICAO Technical Instructions on this matter, PHMSA is not proposing to adopt the new provisions in this NPRM. However, PHMSA does intend to address these changes in a future rulemaking.

Requirements for Salvage Pressure Receptacles

The 17th Revised Edition of the UN Model Regulations adopted guidelines for Competent Authorities to use when issuing approvals for salvage pressure receptacles. These revisions are found in Chapter 1.2, 4.1, 5.4, and 6.2 of the UN Model Regulations. Specifically, these requirements address the packaging, hazard communication, and safe transport of salvage pressure receptacles, also known as salvage cylinders in the United States.

The HMR currently address the packaging, hazard communication, and safe transport of salvage cylinders in § 173.3(d) and do not require approval of the Associate Administrator to do so. PHMSA believes the current salvage cylinder requirements in the HMR provide a sufficient level of safety and adequately address the shipment of damaged and defective cylinders. Therefore, PHMSA is not proposing changes to the current HMR provisions for salvage cylinders in this NPRM.

Fireworks Classification Reference

The 17th Revised Edition of the UN Model Regulations adopted requirements for fireworks classification references. Specifically, a provision was

adopted requiring fireworks under identification numbers UN0333, UN0334, UN0335, UN0336, and UN0337, having been approved by a competent authority, to bear a classification reference on the shipping paper. The classification reference would indicate the country of the competent authority approval and would also include a unique serial reference for the specific firework device.

PHMSA intends to address fireworks-related issues in a separate rulemaking and, therefore, will not address fireworks-related issues in this NPRM. The docket for the fireworks rulemaking can be found at

http://www.regulations.gov

under PHMSA-2010-0320 (HM-257).

Criteria for Exclusion From Class 1

The ICAO and IMO recently adopted guidance issued to competent authorities regarding when an article or substance can be excluded from meeting the classification of a Class 1 (explosive) material. PHMSA is not adopting the issued guidance in this NPRM because it is classification parameters to be considered by a competent authority and not actual regulatory provisions.

Air Bag Inflator, Air Bag Module, or Seat-Belt Pretensioner Revisions

The 17th Revised Edition of the UN Model Regulations revised the authorized packagings used for the transportation of air bag inflators, air bag modules, or seat-belt pretensioners. Specifically, in addition to currently authorized packagings, the UN Model Regulations adopted authorizations for 1N2 and 1D drums, 3B2 jerricans, and 4A, 4B, 4N, and 4H1 boxes.

PHMSA is not addressing the additional packaging authorizations in this rulemaking as these and other related issues were addressed in a separate NPRM. The docket for the air bag inflator, air bag module, and seat-belt pretensioner rulemaking can be found at

http://www.regulations.gov

under PHMSA-2010-0201.

Pressure Relief Valves for Closed Cryogenic Receptacles

A new provision was added to Packing Instruction P203 of the 17th Revised Edition of the UN Model Regulations. The amendment prescribes that the frequency of periodic inspection and test of the pressure relief valves for closed cryogenic receptacles shall not exceed five years.

In this NPRM, PHMSA is not proposing to adopt this amendment. Section 173.316, “Cryogenic Liquids in Cylinders,” and § 173.301, “General Requirements for Shipment of Compressed Gases and Other Hazardous Materials in Cylinders, UN Pressure Receptacles and Spherical Pressure Vessels” do not specify the frequency of tests of pressure relief device systems. The HMR requires testing of these systems in accordance with the Compressed Gas Association's S-1.1, “Pressure Relief Device Standards—Part 1—Cylinders for Compressed Gases” and S-7, “Method for Selecting Pressure Relief Devices for Compressed Gas Mixtures in Cylinders.” PHMSA believes these requirements already provide for an adequate level of safety of pressure relief device systems.

Absorbent Materials for Air Packaging

Numerous packing instructions of the ICAO Technical Instructions were revised to consistently provide that for certain liquid hazardous materials, inner packagings must be packed with sufficient absorbent material to absorb the entire contents of the inner packagings.

PHMSA does not intend to adopt these amendments in this NPRM. Rather, we adopted them in a separate rulemaking under docket PHMSA-2007-29364 (HM-231A). For example, in the final rule published in the

Federal Register

on April 16, 2012 (77 FR 22504), we revised § 173.27(e) to require that inner packagings be packaged in a rigid leakproof liner or rigid intermediate packaging containing sufficient absorbent material to absorb the entire contents of the inner packaging before being placed in its outer package when absorbent material was required. Generally, this requirement is applicable to Packing Group I liquids.

UN Test Series 6(d) for Certain Division 1.4S Articles

Special provision 364 was added to the 17th Revised Edition of the UN Model Regulations that requires limited quantity packages of certain Division 1.4S explosives under the following descriptions “UN 0012 Cartridges for weapons, inert projectile

Cartridges, small arms,” “UN0014 Cartridges for weapons, blank

Cartridges, small arms, blank

Cartridges for tools, blank,” and “UN0055 Cases, cartridge, empty with primer” be capable of passing Test Series 6(d) in accordance with the UN Manual of Tests and Criteria as determined by the competent authority.

PHMSA believes that the current requirements for shipments of these articles adequately address the hazards associated with the transport of these limited quantity hazardous materials and, thus, will not be adopting the requirement for these materials as packaged to be capable of passing Test Series 6(d) of Part I of the UN Manual of Tests and Criteria.

Coolants, Conditioners, and Asphyxiates

In many instances cargo transport units are treated with substances to cool and condition the transport environment inside the transport unit. Occasionally gases presenting a risk of asphyxiation are used as part of this cooling and conditioning process. In this case an accumulation of these gases may present a risk to those handling these cargo transport units in transport.

The 17th Revised Edition of the UN Model Regulations adopted various requirements applicable to packages and cargo transport units containing substances presenting a risk of asphyxiation when used for cooling or conditioning purposes. Requirements adopted internationally include a new marking requirement for both packages and freight containers containing dangerous goods used for cooling and conditioning as well as the requirement to note that a dangerous good is being used as a coolant or conditioner on transport documents. PHMSA believes that the current requirements for shipments of dry ice and other potential coolants adequately address the hazards associated with the use of these hazardous materials as coolants or conditioners and notes that the current provisions of the HMR would not preclude the use of the new marking for domestic or international transport.

V. Section-By-Section Review

The 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 provides a listing of 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

International Civil Aviation Organization (ICAO)

Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2011-2012 Edition is revised to incorporate the 2013-2014 Edition.

The

International Convention for the Safety of Life at Sea

(SOLAS) Amendments 2002, Chapter II-2/Regulation 19, Consolidated Edition 2004 is revised to incorporate the 2009 Consolidated Edition.

The

International Maritime Organization

(IMO) International Maritime Dangerous Goods Code, 2010 Edition, Incorporating Amendment 35-10, English Edition, Volumes 1 and 2 is revised to incorporate the 2012 Edition, Amendment 36-12.

The

International Organization for Standardization (ISO)

entries for “ISO 10156:1996, Gases and Gas Mixtures—Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, Second edition, February 1996 (E)” and “ISO 10156-2:2005, Gas cylinders—Gases and gas mixtures—Part 2: Determination of oxidizing ability of toxic and corrosive gases and gas mixtures, First edition, August 2005, (E)” are removed and replaced with entry for “ISO 10156:2010: Gases and gas mixtures—Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, Third edition, March 2010.”

The entry “ISO 4126-1: Safety valves—Part 1: General requirements, December 15, 1991, First edition” is revised as the entry “ISO 4126-1: Safety valves—Part 1: General requirements/Cor 1, August 2, 2007, Second edition.” The entry “ISO 11117, Gas cylinders—Valve protection caps and valve guards for industrial and medical gas cylinders—Design, construction and tests, First edition, August 1998, (E)” is revised as the entry “ISO 11117:2008/Cor 1:2009 Gas cylinders—Valve protection caps and valve guards—Design, construction and tests, May 5, 2009, Second edition”.

The entries “ISO 4126-7: Safety valves—Part 7: Common data/Cor 1, October 23, 2006, First edition,” and “ISO 13340 Transportable gas cylinders—Cylinders valves for non-refillable cylinders—Specification and prototype testing, April 5, 2001, First edition” are added.

The

Transport Canada

entry, Transportation of Dangerous Goods Regulations, including Clear Language Amendments 1 through 7 is revised to include Amendments 8, 9 and 10.

The

United Nations

Recommendations on the Transport of Dangerous Goods—Model Regulations, 16th Revised Edition (2009), Volumes I and II, is revised to incorporate the 17th Revised Edition (2011), Volumes I and II.

The

United Nations

Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria, Fifth Revised Edition (2009), is revised to incorporate Amendment 1 (2011).

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 term based on its adoption in the 17th Revised Edition of the UN Model Regulations:

Flexible Bulk Container (FBC):

This term means a flexible container with a capacity not exceeding 15 cubic meters and includes liners and attached handling devices and service equipment.

Currently the HMR do not prescribe requirements for the transport of FBCs. In this NPRM, PHMSA is proposing to adopt various transportation and manufacturing requirements for FBCs. Prior to adoption of such standards, the term “Flexible Bulk Container” must be defined. Therefore in this NPRM we are proposing to adopt the above definition of an FBC based on the definition for FBC adopted in the IMDG Code and 17th Revised Edition of the UN Model Regulations.

Part 172

Section 172.101

Section 172.101 provides instructions for using the Hazardous Materials Table (HMT) and the HMT itself. In this NPRM, PHMSA is proposing to revise the instructional text that precedes the HMT.

Paragraph (c) of § 172.101 describes the information indicated in column 2 of the HMT. Column 2 lists the hazardous materials descriptions and proper shipping names of materials designated as hazardous materials. Paragraph (c)(10) of § 172.101 prescribes how mixtures or solutions not identified specifically by name are described.

In this NPRM, PHMSA proposes to revise § 172.101(c)(10) to incorporate language adopted in the 17th Revised Edition of the UN Model Regulations that states mixtures and solutions must meet the definition of one or more hazard class to be classified as a hazardous material. This change will clarify that for a mixture or solution composed of one or more components that are classified as a hazardous material, the resulting mixture or solution must meet the definition of one or more hazard classes to be classified as a hazardous material.

Paragraph (k) of § 172.101 explains the purpose of column (10) of the HMT and prescribes the vessel stowage and segregation requirements for specific entries in the HMT. Column (10) is divided into two columns: column (10A) [Vessel stowage] specifies the authorized stowage locations on board cargo and passenger vessels and column (10B) [Other provisions] specifies special stowage and segregation provisions.

In this NPRM, we are proposing to modify these instructions by revising the vessel stowage location requirements for explosives and reducing the number of explosive stowage categories from 15 to 5. Specifically, the explosive stowage categories 6 through 15 will be eliminated and stowage categories 1 through 5 will be modified. Changes to the explosive stowage categories are necessary because, as part of this NPRM, PHMSA proposes to remove magazine stowage Types “A,” “C,” and special stowage from Part 176 with the consolidation of authorized explosive stowage categories. The authorized explosive stowage categories will be replaced with a new term of art “Closed cargo transport units for Class 1 (explosives).” Included in this definition are freight containers or transport vehicles that are structurally serviceable in accordance with

§ 176.172, portable magazines conforming to § 176.137, and small vessel compartments (i.e., mast lockers and deck house). These changes will require Class 1 materials to be shipped in closed cargo transport units as defined above when stowed on deck.

Hazardous Materials Table (HMT)

In this NPRM, PHMSA is proposing to amend 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 the following:

New HMT entries

UN3497 Krill meal

UN3498 Iodine monochloride, liquid

This new HMT entry is a result of the division of the proper shipping name Iodine monochloride into two authorized proper shipping names; one for the liquid state of the commodity and another for the solid state. Solid shipments of Iodine monochloride remain assigned to UN1792.

UN3499 Capacitor, electric double layer (with an energy storage capacity greater than 0.3 Wh)

This new HMT entry is intended to cover capacitors with an energy storage capacity greater than 0.3 Wh. Capacitors are assigned as a Class 9 miscellaneous hazardous material and measures required to prevent short circuit are provided in special provision 361.

UN3500 Chemical under pressure, n.o.s.

UN3501 Chemical under pressure, flammable, n.o.s.

UN3502 Chemical under pressure, toxic, n.o.s.

UN3503 Chemical under pressure, corrosive, n.o.s.

UN3504 Chemical under pressure, flammable, toxic, n.o.s.

UN3505 Chemical under pressure, flammable, corrosive, n.o.s.

The “Chemical under pressure. n.o.s.” HMT entries are added to address shipments of liquids or solids (e.g., adhesives, coatings, and cleaners) combined with a gas or gas mixtures utilized to expel the contents from pressure vessels. The primary hazard class for these shipments is determined by the hazard presented by the propellant and any subsidiary risk is determined by the properties of the liquid or solid under pressure. Toxic gases are not permitted as propellants.

UN3506 Mercury contained in manufactured articles

This new entry was created to separately address manufactured articles containing mercury. The international community provided an exception from regulation for instruments and articles containing not more than 1 kg of mercury, when transported by means other than aircraft. PHMSA is unable to adopt a comparable exception as the reportable quantity for mercury is 0.454 kg (1.00 lbs.), but does propose to revise the current exception authorized in § 173.164(e) for shipments containing less than 0.454 kg (1.00 pound) to include transportation by vessel.

Removed HMT Entries

UN3492 Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m

and saturated vapor concentration greater than or equal to 500 LC50

UN3493 Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m

and saturated vapor concentration greater than or equal to 10 LC50

These entries are proposed for removal from the HMT due to their similarity to UN3488 and UN3489 respectfully. The sole difference between these entries is the order of subsidiary risks, which does not affect the classification and transport conditions applied to shipments of these substances. As a result, PHMSA proposes to remove identification numbers UN3492 and UN3493 to avoid confusing shippers in determining which identification numbers to use.

Amendments to the Column (1) Symbols

Section 172.101(b) describes column (1) of the HMT and the associated symbols that may be indicated in the column. In accordance with § 172.101(b), 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. In this NPRM, PHMSA proposes to add a “G” to column (1) for “UN1707, Thallium compounds, n.o.s.” The addition of a “G” to this entry will provide notification of the technical name of this toxic material and thus aid emergency responders with providing an appropriate response.

Amendments to the Column (2) Hazardous Materials Descriptions and Proper Shipping Names

Section 172.101(c) describes column (2) of the HMT and the requirements for hazardous materials descriptions and proper shipping names. Among other requirements, in accordance with § 172.101(c)(1), proper shipping names indicated in column (2) of the HMT may be used in the singular or the plural form interchangeably. Regardless, in this NPRM, PHMSA is revising several entries in the HMT to remove the plural ending letter “s” to provide continuity with the internationally accepted proper shipping names. Specifically, PHMSA proposes to remove the letter “s” from: UN1107, Amyl chlorides; UN1111, Amyl mercaptans; UN1113, Amyl nitrites; and, UN2347, Butyl Mercaptans.

Generally the physical state (solid or liquid) appears before the hazard characteristics (toxic, flammable, etc.) in the sequence of wording used in proper shipping names specified in column (2) of the HMT. In some instances, the hazard characteristics are indicated before the physical state. In this NPRM, PHMSA is proposing changes to several proper shipping names to indicate the physical state before the hazard characteristics for consistency in formatting.

Current proper shipping names:

UN No.

Proper shipping name

3276

Nitriles, toxic, liquid, n.o.s.

3278

Organophosphorus compound, toxic, liquid, n.o.s.

3282

Organometallic compound, toxic, liquid, n.o.s.

3439

Nitriles, toxic, solid, n.o.s.

3464

Organophosphorus compound, toxic, solid, n.o.s.

3467

Organometallic compound, toxic, solid, n.o.s.

Proposed proper shipping names:

UN No.

Proper shipping name

3276

Nitriles, liquid, toxic, n.o.s.

3278

Organophosphorus compound, liquid, toxic, n.o.s.

3282

Organometallic compound, liquid, toxic, n.o.s.

3439

Nitriles, solid, toxic, n.o.s.

3464

Organophosphorus compound, solid, toxic, n.o.s.

3467

Organometallic compound, solid, toxic, n.o.s.

Currently, the HMT includes the entry “Toxic, liquids, organic, n.o.s., UN2810” with the proper shipping name indicated in column (2) that includes a comma between the words “toxic” and “liquid.” This is not

consistent with the UN Model Regulations, the ICAO Technical Instructions, or the IMDG Code as there is no comma between the words “Toxic” and “liquid.” PHMSA proposes to revise this entry by removing the comma for consistency with international standards and regulations and to provide shippers with the most appropriate shipping description.

A new proper shipping name “Cartridges for tools, blank” is proposed to be assigned to identification number UN0014. This proper shipping name more appropriately describes industrial blank cartridges currently described as “UN0323, Cartridges, power device” or “ORM-D or ORM-D-AIR, Cartridges, power device

(used to project fastening devices).”

In this NPRM, PHMSA is proposing to remove the “ORM-D” entry for “Cartridges, power device

(used to project fastening devices)”

as the proper shipping name for such articles is now “Cartridges for tools, blank” under identification number UN0014. Subsequent changes will be made to § 173.63 and the § 172.102(c)(1) special provision 347 to replace any references to “ORM-D or ORM-D-AIR, Cartridges, power device

(used to project fastening devices)”

with the new description “UN0014, Cartridges for tools, blank

(used to project fastening devices).”

Additionally, such articles are not subject to the UN Test Series 6(d) previously required under special provision 347. The description “UN0323, Cartridges, power device” will remain subject to special provision 347.

The proper shipping name for “UN1305, Vinyltrichlorosilane, stabilized” is amended by removing the term “stabilized” for consistency with the Dangerous Goods Lists of the various international standards and the HMT of the HMR. The proposed proper shipping name for UN1305 is “Vinyltrichlorosilane.”

The 17th Revised Edition of the UN Model Regulations modified the qualifying text (text in italics) for UN Nos. 3381-3390 and UN Nos. 3488-3491. The proposed changes to these entries' qualifying or modifying text in italics would change the wording from “with an inhalation toxicity lower than or equal to” to “with an LC50 lower than or equal to”. The intent of this terminology change is to better identify the criteria used to determine the proper classification of these substances.

The entry “

Formaldehyde solutions (with not less than 10% and less than 25% formaldehyde), see

Aviation regulated liquid, n.o.s.

Other regulated substances, liquid, n.o.s.” appears in column (1) of the HMT. PHMSA proposes to revise this entry by placing it into the correct column (2) of the HMT. This is an editorial revision and simply corrects an unintended error in the HMT.

Amendments to the Column (4) identification numbers

Section 172.101(e) describes Column (4) of the HMT and the designation of the identification number to each proper shipping name. With the proposed addition of a separate identification number (UN3506) for the description “Mercury contained in manufactured articles,” PHMSA proposes to remove the description that is currently assigned to “UN2809, Mercury.”

Amendments to the Column (6) label(s)

Section 172.101(g) describes Column (6) of the HMT and the labels required (primary and subsidiary) for specific entries in the HMT. Data presented to the UN Committee of Experts on the Transport of Dangerous Goods in this last biennium indicated a need for the addition of subsidiary risk of Division 6.1 (toxic) to be assigned to “UN2809, Mercury” and to the new entry “UN3506, Mercury contained in manufactured articles.” We note that for air transport, Special provision A192 provides relief from the labeling and documentation requirements of this new subsidiary risk.

The scientific data and background regarding the adoption of these modifications are presented in working papers ST/SG/AC.10/C.3/2010/6 and ST/SG/AC.10/C.3/2010/67 entitled “Mercury (UN2809): Subsidiary risk 6.1” and “Dimethyl disulphide (UN2381): subsidiary risk 6.1.” These papers can be viewed at the following URLs:

http://www.unece.org/fileadmin/DAM/trans/doc/2010/ac10c3/ST-SG-AC10-C3-2010-06e.pdf

. and

http://www.unece.org/fileadmin/DAM/trans/doc/2010/ac10c3/ST-SG-AC10-C3-2010-67e.pdf

In addition to the changes above, data was also presented to the UN Committee of Experts on the Transport of Dangerous Goods that indicated the need for a subsidiary risk of Division 6.1 (toxic) to be assigned to UN2381 Dimethyl disulfide.

PHMSA proposes to make appropriate amendments to the HMT to account for these revisions to the UN Model Regulations.

Amendments to the Column (7) Special Provisions

Section 172.101(h) describes Column (7) of the HMT and the § 172.102(c) Special provisions assigned to specific entries in the HMT. The particular modifications to the entries in the HMT are discussed below. See

Section 172.102 special provisions

for a detailed discussion of the proposed additions, revisions, and deletions to the special provisions addressed in this NPRM.

Several HMT entries are revised to include bulk special provision B120. Special provision B120 indicates that the material, when offered in conformance with the applicable requirements of Part 178 and general packaging requirements in Part 173, may be offered for transportation in a Flexible Bulk Container. See

Section 172.102 special provisions

for a detailed discussion of our proposed addition of special provision B120.

In this NPRM, special provision B120 is proposed to be assigned to the following entries:

Proper shipping name

UN No.

Naphthalene, crude

Naphthalene, refined

UN1334

Sulfur (domestic and international entries)

UN1350

Calcium nitrate

UN1454

Magnesium nitrate

UN1474

Potassium nitrate

UN1486

Sodium nitrate

UN1498

Sodium nitrate and potassium nitrate mixtures

UN1499

Ammonium nitrate,

with not more than 0.2% total combustible material, including any organic substance, calculated as carbon to the exclusion of any other added substance

UN1942

Ammonium nitrate based fertilizer

UN2067

Paraformaldehyde

UN2213

Environmentally hazardous substance, solid, n.o.s

UN3077

Sodium perborate monohydrate

UN3377

Sodium carbonate peroxyhydrate

UN3378

In this NPRM, new special provision 363 is proposed to be assigned to the following entries:

Proper shipping name

UN No.

Gas oil

Diesel fuel

Heating oil, light

UN1202

Gasoline

includes gasoline mixed with ethyl alcohol, with not more than 10% alcohol

UN1203

Kerosene

UN1223

Petroleum distillates, n.o.s.

Petroleum products, n.o.s

UN1268

Fuel, aviation, turbine engine

UN1863

Ethanol and gasoline mixture

Ethanol and motor spirit mixture

Ethanol and petrol mixture,

with more than 10% ethanol

UN3475

See

Section 172.102 special provisions

for a detailed discussion of our proposed addition of special provision 363.

The entry for UN1008 Boron trifluoride is assigned new special provision 238. See

Section 172.102 Special provisions

for a detailed discussion of our proposed addition of special provision 238.

With the addition of a Division 6.1 (toxic) subsidiary risk to “UN2381, Dimethyl disulfide,” the portable tank codes and portable tank provisions are proposed to be revised as follows:

T4 is replaced by T7

TP1 is replaced by TP2, TP13, and TP39

See

Section 172.102 Special provisions

for a detailed discussion of our proposed addition of special provision TP39.

Review of the “Guiding Principles for the Development of the UN Model Regulations (Guiding Principles)” indicates that in some cases, the portable tank instructions for the transport of Division 4.3 liquid materials are not consistent with the Guiding Principles, and, in other instances, relevant portable tank special provisions were missing or incorrectly assigned. The following changes are proposed with deletions indicated by a strikethrough and additions or replacements shown in bold font.

EP15AU12.031

See

Section 172.102 Special provisions

for a detailed discussion of our proposed addition of special provision TP41.

Special provisions A100 and A103 are revised to clarify that the weight (mass) limitations specified are net and not gross amounts for secondary lithium batteries. See

Section 172.102 Special provisions

for a detailed discussion of our proposed revision of special provisions A100 and A103.

Special provision A192 is added to note that regardless of the Division 6.1 (toxic) subsidiary risk indicated in the HMT, the toxic subsidiary risk label and an indication of the subsidiary risk on the shipping paper are not required for manufactured articles containing less than 0.454 kg (1.00 pound) of mercury. This special provision is assigned to the entry “UN3506, Mercury contained in manufactured articles.”

Special provision A200 is added to require that certain articles may not be transported in passenger baggage and are to be shipped as cargo when transported via aircraft. Under certain circumstances, the articles affected by this special provision may be excepted from the requirements of the HMR. When these articles are not subject to the regulations, there is the potential for them to be inappropriately carried aboard an aircraft. In response to this safety concern, the ICAO Technical Instructions were revised to clarify that when transported by aircraft, these articles, regardless of whether they are otherwise excepted from the regulations, must be transported as cargo and may not be carried onboard an aircraft by passengers or

crewmembers in carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10, “Exceptions for Passengers, Crewmembers, and Air Operators.” Consistent with the revised ICAO Technical Instructions requirement, PHMSA proposes to adopt the special provision restricting these items from being carried aboard an aircraft by passengers and crewmembers.

This special provision is assigned to the following entries: “UN3166, Engines, internal combustion

Engines, fuel cell,

flammable gas powered”;

“UN3166, Engines, internal combustion

Engines, fuel cell,

flammable liquid powered”;

“UN3166, Vehicle,

flammable gas powered or

Vehicle, fuel cell,

flammable gas powered”;

“UN3166, Vehicle,

flammable liquid powered or

Vehicle, fuel cell,

flammable liquid powered”;

“UN0503, Air bag inflators

Air bag modules

Seat-belt pretensioners”; and “UN3268, Air bag inflators

Air bag modules

Seat-belt pretensioners.”

Special provision W10 is assigned to “UN3486, Calcium hypochlorite mixture, dry, corrosive

with more than 10% but not more than 39% available chlorine”

and to “UN2208, Calcium hypochlorite mixtures, dry,

with more than 10 percent but not more than 39 percent available chlorine.”

Special provision W10 indicates that, when offered for transportation by vessel, these entries may not be offered in Large Packagings. See

Section 172.102 Special provisions

for a detailed discussion of our proposed addition of special provision W10.

Amendments to the Column (9) quantity limitations

Section 172.101(j) describes Column (9) of the HMT and the quantity limitations for specific entries in the HMT. Furthermore, Columns (9A) and (9B) specify the maximum quantities that may be offered for transportation in one package by passenger-carrying aircraft or passenger-carrying rail car (Column (9A)) or by cargo-only aircraft (Column (9B)). Unless otherwise indicated the quantity limitations shown in column (9) of the HMT are net. PHMSA proposes to remove the gross weight indicator in columns (9A) (if authorized previously) and (9B) for the following battery entries. The quantity limit for these entries should be based on the weight of the battery or batteries and not the weight of the battery or batteries plus the packaging (i.e., the package).

UN3028 Batteries, dry, containing potassium hydroxide solid,

electric, storage

UN2794 Batteries, wet, filled with acid,

electric storage

UN2795 Batteries, wet, filled with alkali,

electric storage

UN3468 Hydrogen in a metal hydride storage system

Hydrogen in a metal hydride storage system contained in equipment

Hydrogen in a metal hydride storage system packed with equipment

UN3090 Lithium battery

UN3091 Lithium batteries packed with equipment

PHMSA is proposing to revise column (9A) to forbid several entries previously authorized for shipment on passenger-carrying aircraft or passenger-carrying rail to harmonize with changes to the ICAO Technical Instructions. The following entries would now be forbidden on passenger-carrying aircraft or passenger-carrying rail.

UN1162 Dimethyldichlorosilane

UN1196 Ethyltrichlorosilane

UN1250 Methyltrichlorosilane

UN1298 Trimethylchlorosilane

UN1305 Vinyltrichlorosilane

UN2985 Chlorosilanes, flammable, corrosive, n.o.s.

UN3361 Chlorosilanes, toxic, corrosive, n.o.s.

UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.

Quantity limits of 450 L for “UN3334, Aviation regulated liquid, n.o.s.” and 400 kg for “UN3335, Aviation regulated solid, n.o.s.” are proposed for both columns (9A) and (9B). Previously, there was no limit to the amount authorized to be shipped in one package. These new quantity limits are consistent with authorized quantity limits found in the ICAO Technical Instructions.

Amendments to the Column (10) Vessel Stowage Requirements

Vessel Stowage Location (10A)

Section 172.101(k) explains the purpose of column (10) of the HMT and prescribes the vessel stowage and segregation requirements for specific entries in the HMT. Column (10) is divided into two columns: column (10A) [Vessel stowage] specifies the authorized stowage locations on board cargo and passenger vessels and column (10B) [Other provisions] specifies special stowage and segregation provisions.

PHMSA is proposing to simplify the number of vessel stowage locations for shipments of Class 1 explosive materials to harmonize with recently adopted vessel explosive stowage categories in the IMDG Code. Currently, there are 15 possible stowage location codes available for assignment to column (10A) for explosive shipments. Recent changes in the IMDG Code have reduced the number of available explosive stowage location codes to five. This consolidation of codes was accomplished to reduce the complexity of the regulations without compromising safety.

The International Maritime Organization (IMO) determined that the term “magazine” was no longer necessary and the magazine concept could be incorporated into a broader definition for closed cargo transport units for Class 1 (explosives) material. In general, a magazine used to store and transport explosives is equivalent to a closed cargo transport unit with a wooden floor. A magazine type A has additional wooden walls, or walls covered with wooden pallets, and is currently only assigned to 7 entries in the HMT. A magazine type C is currently defined by a minimum distance to the ship's side of 2.4 m (8 feet). Proposed requirements to load Class 1 closed cargo transport units a minimum distance of 2.4 m (8 feet) from the ship's side wall remove the need for specific stowage category references to magazine stowage type C. The IMO, taking into account the properties of various classes and divisions of explosives, has determined that only 1.4S, 1.4G, 1.4D, and 1.4C explosives are acceptable on passenger ships. PHMSA agrees. Therefore, PHMSA has removed the majority of Class 1 stowage location codes and revised the remaining codes. The codes proposed for each Class 1 entry are grouped by proposed stowage code (01, 02, 03, 04, or 05) as follows:

Proposed Explosive Stowage Category

01—means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) and on a passenger vessel

02—means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) and “on deck” in closed cargo transport units or “under deck” in closed cargo transport units on a passenger vessel

03—means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel

04—means the material may be stowed “on deck” in closed cargo transport units or “under deck” in closed cargo transports on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel

05—means the material may be stowed “on deck” in closed cargo transport units on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel

Taking into account the properties of various classes and divisions of explosives, the IMO determined new stowage category assignments as follows:

Division

Stowage category

Division

Stowage category

1.1A

1.4F

1.1B

1.1G

1.2B

1.2G

1.4B

1.3G

1.1C

1.4G

1.2C

1.2H

1.3C

1.3H

1.4C

1.1J

1.1D

1.2J

1.2D

1.3J

1.4D

1.2K

1.5D

1.3K

1.1E

1.1L

1.2E

1.2L

1.4E

1.3L

1.1F

1.6N

1.2F

1.4S

1.3F

PHMSA agrees with the assignments and, in particular, agrees that only 1.4S, 1.4G, 1.4D, and 1.4C explosives are acceptable on passenger ships.

Column (10A) in the HMT is revised to read Stowage Category 01 for the following proper shipping names and corresponding identification numbers:

Proper shipping name

UN No.

Proper shipping name

UN No.

Articles, explosive, n.o.s

UN0349

Fuse, safety

UN0105

Articles, pyrotechnic

for technical purposes

UN0432

Fuzes, detonating

UN0367

Cartridges, power device

UN0323

Fuzes, igniting

UN0368

Cartridges, signal

UN0405

Grenades, practice,

hand or rifle

UN0110

Cartridges for weapons, blank

Cartridges, small arms, blank

Cartridges for tools, blank

UN0014

Igniters

UN0454

Cartridges for weapons, inert projectile

Cartridges, small arms

UN0012

Lighters, fuse

UN0131

Cases, cartridge, empty with primer

UN0055

Primers, cap type

UN0044

Charges, bursting, plastics bonded

UN0460

Primers, tubular

UN0376

Charges, explosive, commercial

without detonator

UN0445

Projectiles,

inert with tracer

UN0345

Charges, shaped,

without detonator

UN0441

Release devices, explosive

UN0173

Components, explosive train, n.o.s

UN0384

Rivets, explosive

UN0174

Cutters, cable, explosive

UN0070

Signal devices, hand

UN0373

Detonator assemblies, non-electric

, for blasting

UN0500

Signals, distress,

ship

UN0506

Detonators for ammunition

UN0366

Signals, railway track, explosive

UN0193

Detonators, electric

for blasting

UN0456

Signals, smoke

UN0507

Detonators, non-electric

for blasting

UN0455

Substances, explosive, n.o.s

UN0481

Fireworks

UN0337

Toy Caps

NA0337

Flares, aerial

UN0404

Column (10A) in the HMT is revised to read Stowage Category 02 for the following proper shipping names and corresponding identification numbers:

Proper shipping name

UN No.

Proper shipping name

UN No.

5-Mercaptotetrazol-1-acetic acid

UN0448

Flares, aerial

UN0403

Air bag inflators,

Air bag modules,

Seat-belt pretensioners

UN0503

Fuse, igniter

tubular metal clad

UN0103

Ammunition, illuminating

with or without burster, expelling charge or propelling charge

UN0297

Fuzes, detonating,

with protective features

UN0410

Ammunition, incendiary

with or without burster, expelling charge or propelling charge

UN0300

Fuzes, igniting

UN0317

Ammunition, practice

UN0362

Grenades practice,

hand or rifle

UN0452

Ammunition, proof

UN0363

Igniters

UN0325

Ammunition, smoke

with or without burster, expelling charge or propelling charge

UN0303

Jet perforating guns, charged

oil well, with detonator

NA0494

Ammunition, tear-producing

with burster, expelling charge or propelling charge

UN0301

Jet perforating guns, charged,

oil well, without detonator

UN0494

Articles, explosive, n.o.s

UN0351

Powder, smokeless

UN0509

Articles, explosive, n.o.s

UN0352

Primers, tubular

UN0320

Articles, explosive, n.o.s

UN0353

Projectiles,

inert, with tracer

UN0425

Articles, explosive, n.o.s

UN0354

Projectiles,

with burster or expelling charge

UN0347

Articles, pyrotechnic

for technical purposes

UN0431

Projectiles,

with burster or expelling charge

UN0435

Cartridges for weapons, blank

Cartridges, small arms, blank

UN0338

Projectiles,

with bursting charge

UN0344

Cartridges for weapons, inert projectile

Cartridges, small arms

UN0339

Propellant, solid

UN0501

Cartridges, oil well

UN0278

Rockets, line-throwing

UN0453

Cartridges, power device

UN0276

Rockets,

with expelling charge

UN0438

Cartridges, signal

UN0312

Rockets,

with inert head

UN0502

Cases, cartridges, empty with primer

UN0379

Signal devices, hand

UN0191

Cases, combustible, empty, without primer

UN0446

Signals, distress,

ship

UN0505

Charges, bursting, plastics bonded

UN0459

Signals, railway track, explosive

UN0493

Charges, explosive, commercial

without detonator

UN0444

Signals, smoke

UN0197

Charges, propelling

UN0491

Substances, explosive, n.o.s

UN0479

Charges, shaped, flexible, linear

UN0237

Substances, explosive, n.o.s

UN0480

Charges, shaped,

without detonator

UN0440

Substances, explosive, n.o.s

UN0485

Cord, detonating,

flexible

UN0289

Tetrazol-1-acetic acid

UN0407

Cord, detonating, mild effect

Fuse, detonating, mild effect

metal clad

UN0104

Tracers for ammunition

UN0306

Cord, igniter

UN0066

Warheads, rocket

with burster or expelling charge

UN0370

Fireworks

UN0336

Column (10A) in the HMT is revised to read Stowage Category 03 for the following proper shipping names and corresponding identification numbers:

Proper shipping name

UN No.

Proper shipping name

UN No.

Ammonium nitrate-fuel oil mixture

containing only prilled ammonium nitrate and fuel oil

NA0331

Flares, aerial

UN0421

Ammunition, illuminating

with or without burster, expelling charge or propelling charge

UN0171

Flares, surface

UN0092

Ammunition, illuminating

with or without burster, expelling charge or propelling charge

UN0254

Flares, surface

UN0418

Ammunition, incendiary

with or without burster, expelling charge, or propelling charge

UN0009

Flares, surface

UN0419

Ammunition, incendiary

with or without burster, expelling charge, or propelling charge

UN0010

Flash powder

UN0094

Ammunition, practice

UN0488

Flash powder

UN0305

Ammunition, smoke

with or without burster, expelling charge or propelling charge

UN0015

Fuse, non-detonating

instantaneous or quickmatch

UN0101

Ammunition, smoke

with or without burster, expelling charge or propelling charge

UN0016

Fuzes, igniting

UN0316

Ammunition, tear-producing

with burster, expelling charge or propelling charge

UN0018

Grenades, practice,

hand or rifle

UN0318

Ammunition, tear-producing

with burster, expelling charge or propelling charge

UN0019

Grenades, practice,

hand or rifle

UN0372

Articles, explosive, extremely insensitive

Articles, EEI

UN0486

Igniters

UN0121

Articles, explosive, n.o.s

UN0471

Igniters

UN0314

Articles, pyrotechnic

for technical purposes

UN0428

Igniters

UN0315

Articles, pyrotechnic

for technical purposes

UN0429

Primers, tubular

UN0319

Articles, pyrotechnic

for technical purposes

UN0430

Projectiles,

inert, with tracer

UN0424

Bombs, photo-flash

UN0039

Projectiles,

with burster or expelling charge

UN0434

Bombs, photo-flash

UN0299

Rockets, line-throwing

UN0238

Cartridges for weapons,

with bursting charge

UN0412

Rockets, line-throwing

UN0240

Cartridges, flash

UN0049

Signals, distress,

ship

UN0194

Cartridges, flash

UN0050

Signals, distress,

ship

UN0195

Cartridges, signal

UN0054

Signals, railway track, explosive

UN0192

Explosive, blasting, type B

Agent blasting, Type B

UN0331

Signals, railway track, explosive

UN0492

Explosive, blasting, type E

Agent blasting, Type E

UN0332

Signals, smoke

UN0196

Fireworks

UN0333

Signals, smoke

UN0313

Fireworks

UN0334

Signals, smoke

UN0487

Fireworks

UN0335

Substances, explosive, n.o.s

UN0476

Flares, aerial

UN0093

Substances, explosive, n.o.s

UN0478

Flares, aerial

UN0420

Substances, explosive, very insensitive, n.o.s.

Substances, EVI, n.o.s

UN0482

Tracers for ammunition

UN0212

Column (10A) in the HMT is revised to read Stowage Category 04 for the following proper shipping names and corresponding identification numbers:

Proper shipping name

UN No.

Proper shipping name

UN No.

1H-Tetrazole

UN0504

Hexolite,

Hexotol

dry or wetted with less than 15 percent water, by mass

UN0118

1-Hydroxybenzotriazole, anhydrous,

dry or wetted with less than 20 percent water, by mass

UN0508

Hexotonal

UN0393

5-Nitrobenzotriazol

UN0385

Jet perforating guns, charged

oil well, with detonator

NA0124

Ammonium nitrate,

with more than 0.2 percent combustible substances, including any organic substance calculated as carbon, to the exclusion of any other added substance

UN0222

Jet perforating guns, charged

oil well, without detonator

UN0124

Ammonium perchlorate

UN0402

Mannitol hexanitrate, wetted

Nitromannite, wetted

with not less than 40 percent water, or mixture of alcohol and water, by mass

UN0133

Ammonium picrate,

dry or wetted with less than 10 percent water, by mass

UN0004

Mines

with bursting charge

UN0137

Articles, explosive, n.o.s

UN0462

Mines

with bursting charge

UN0138

Articles, explosive, n.o.s

UN0463

Nitro urea

UN0147

Articles, explosive, n.o.s

UN0464

Nitrocellulose,

dry or wetted with less than 25 percent water (or alcohol), by mass

UN0340

Articles, explosive, n.o.s

UN0466

Nitrocellulose, plasticized

with not less than 18 percent plasticizing substance, by mass

UN0343

Articles, explosive, n.o.s

UN0467

Nitrocellulose,

unmodified or plasticized with less than 18 percent plasticizing substance, by mass

UN0341

Articles, explosive, n.o.s

UN0468

Nitrocellulose, wetted

with not less than 25 percent alcohol, by mass

UN0342

Articles, explosive, n.o.s

UN0470

Nitroglycerin, desensitized

with not less than 40 percent non-volatile water insoluble phlegmatizer, by mass

UN0143

Black powder

Gunpowder,

granular or as a meal

UN0027

Nitroglycerin, solution in alcohol,

with more than 1 percent but not more than 10 percent nitrogylcerin

UN0144

Black powder, compressed

Gunpowder, compressed

Black powder, in pellets

Gunpowder, in pellets

UN0028

Nitroguanidine

Picrite,

dry or wetted with less than 20 percent water, by mass

UN0282

Nitrostarch,

dry or wetted with less than 20 percent water, by mass

UN0146

Bombs, photo-flash

UN0038

Nitrotriazolone

NTO

UN0490

Bombs,

with bursting charge

UN0034

Octolite

Octol,

dry or wetted with less than 15 percent water, by mass

UN0266

Bombs,

with bursting charge

UN0035

Octonal

UN0496

Boosters,

without detonator

UN0042

Pentaerythrite tetranitrate

Pentaerythritol tetranitrate

PETN,

with not less than 7 percent wax by mass

UN0411

Boosters,

without detonator

UN0283

Pentaerythrite tetranitrate, wetted

Pentaerythritol tetranitrate, wetted,

PETN, wetted

with not less than 25 percent water, by mass, or

Pentaerythrite tetranitrate,

Pentaerythritol tetranitrate

PETN, desensitized

with not less than 15 percent phlegmatizer by mass

UN0150

Bursters,

explosive

UN0043

Pentolite,

dry or wetted with less than 15 percent water, by mass

UN0151

Cartridges for weapons, blank

UN0326

Powder cake, wetted

Powder paste, wetted

with not less than 17 percent alcohol by mass

UN0433

Cartridges for weapons, blank

UN0413

Powder cake, wetted

Powder paste, wetted

with not less than 25 percent water, by mass

UN0159

Cartridges for weapons, blank

Cartridges, small arms, blank

UN0327

Powder, smokeless

UN0160

Cartridges for weapons, inert projectile

UN0328

Powder, smokeless

UN0161

Cartridges for weapons, inert projectile

Cartridges, small arms

UN0417

Projectiles,

with burster or expelling charge

UN0346

Cartridges for weapons,

with bursting charge

UN0006

Projectiles,

with bursting charge

UN0168

Cartridges for weapons,

with bursting charge

UN0321

Projectiles,

with bursting charge

UN0169

Cartridges, oil well

UN0277

Propellant, liquid

UN0495

Cartridges, power device

UN0275

Propellant, liquid

UN0497

Cartridges, power device

UN0381

Propellant, solid

UN0498

Cases, combustible, empty, without primer

UN0447

Propellant, solid

UN0499

Charges, bursting, plastics bonded

UN0457

RDX and HMX mixtures, wetted

with not less than 15 percent water by mass or

RDX and HMX mixtures, desensitized

with not less than 10 percent phlegmatizer by mass

UN0391

Charges, bursting, plastics bonded

UN0458

Rocket motors

UN0186

Charges, demolition

UN0048

Rocket motors

UN0280

Charges, depth

UN0056

Rocket motors

UN0281

Charges, explosive, commercial

without detonator

UN0442

Rockets,

with bursting charge

UN0181

Charges, explosive, commercial

without detonator

UN0443

Rockets,

with bursting charge

UN0182

Charges, propelling

UN0271

Rockets,

with expelling charge

UN0436

Charges, propelling

UN0272

Rockets,

with expelling charge

UN0437

Charges, propelling

UN0415

Rockets,

with inert head

UN0183

Charges, propelling, for cannon

UN0242

Sodium dinitro-o-cresolate,

dry or wetted with less than 15 percent water, by mass

UN0234

Charges, propelling, for cannon

UN0279

Sodium picramate,

dry or wetted with less than 20 percent water, by mass

UN0235

Charges, propelling, for cannon

UN0414

Sounding devices, explosive

UN0374

Charges, shaped, flexible, linear

UN0288

Sounding devices, explosive

UN0375

Charges, shaped,

without detonator

UN0059

Substances, explosive, n.o.s

UN0474

Charges, shaped,

without detonator

UN0439

Substances, explosive, n.o.s

UN0475

Charges, supplementary explosive

UN0060

Substances, explosive, n.o.s

UN0477

Cord detonating

Fuse detonating

metal clad

UN0102

Tetranitroaniline

UN0207

Cord, detonating

Fuse, detonating

metal clad

UN0290

Torpedoes

with bursting charge

UN0329

Cord, detonating,

flexible

UN0065

Torpedoes

with bursting charge

UN0451

Cyclotetramethylenetetranitramine, desensitized

Octogen, desensitized

HMX, desensitized

UN0484

Trinitroaniline

Picramide

UN0153

Cyclotetramethylenetetranitramine, wetted

HMX, wetted

Octogen, wetted

with not less than 15 percent water, by mass

UN0226

Trinitroanisole

UN0213

Cyclotrimethylenetrinitramine, desensitized

Cyclonite, desensitized

Hexogen, desensitized

RDX, desensitized

UN0483

Trinitrobenzene,

dry or wetted with less than 30 percent water, by mass

UN0214

Cyclotrimethylenetrinitramine, wetted

Cyclonite, wetted

Hexogen, wetted

RDX, wetted

with not less than 15 percent water by mass

UN0072

Trinitrobenzenesulfonic acid

UN0386

Deflagrating metal salts of aromatic nitroderivatives, n.o.s.

UN0132

Trinitrobenzoic acid,

dry or wetted with less than 30 percent water, by mass

UN0215

Diethyleneglycol dinitrate, desensitized

with not less than 25 percent non-volatile water-insoluble phlegmatizer, by mass

UN0075

Trinitrochlorobenzene

Picryl chloride

UN0155

Dinitroglycoluril

Dingu

UN0489

Trinitrofluorenone

UN0387

Dinitrophenol,

dry or wetted with less than 15 percent water, by mass

UN0076

Trinitro-m-cresol

UN0216

Dinitrophenolates

alkali metals, dry or wetted with less than 15 percent water, by mass

UN0077

Trinitronaphthalene

UN0217

Dinitroresorcinol,

dry or wetted with less than 15 percent water, by mass

UN0078

Trinitrophenetole

UN0218

Dinitrosobenzene

UN0406

Trinitrophenol

Picric acid,

dry or wetted with less than 30 percent water, by mass

UN0154

Dipicryl sulfide,

dry or wetted with less than 10 percent water, by mass

UN0401

Trinitrophenylmethylnitramine

Tetryl

UN0208

Explosive, blasting, type A

UN0081

Trinitroresorcinol

Styphnic acid,

dry or wetted with less than 20 percent water, or mixture of alcohol and water, by mass

UN0219

Explosive, blasting, type B

UN0082

Trinitroresorcinol, wetted

Styphnic acid, wetted

with not less than 20 percent water, or mixture of alcohol and water by mass

UN0394

Explosive, blasting, type C

UN0083

Trinitrotoluene and Trinitrobenzene mixtures

TNT and trinitrobenzene mixtures

TNT and hexanitrostilbene mixtures

Trinitrotoluene and hexanitrostilnene mixtures

UN0388

Explosive, blasting, type D

UN0084

Trinitrotoluene mixtures containing Trinitrobenzene and Hexanitrostilbene

TNT mixtures containing trinitrobenzene and hexanitrostilbene

UN0389

Explosive, blasting, type E

UN0241

Trinitrotoluene

TNT,

dry or wetted with less than 30 percent water, by mass

UN0209

Fracturing devices, explosive,

without detonators for oil wells

UN0099

Tritonal

UN0390

Fuzes, detonating,

with protective features

UN0408

Urea nitrate

, dry or wetted with less than 20 percent water, by mass

UN0220

Fuzes, detonating,

with protective features

UN0409

Warheads, rocket

with bursting charge

UN0286

Grenades,

hand or rifle, with bursting charge

UN0284

Warheads, rocket

with bursting charge

UN0287

Grenades,

hand or rifle, with bursting charge

UN0285

Warheads, torpedo

with bursting charge

UN0221

Hexanitrodiphenylamine

Dipicrylamine

Hexyl

UN0079

Zirconium picramate,

dry or wetted with less than 20 percent water, by mass

UN0236

Hexanitrostilbene

UN0392

Column (10A) in the HMT is revised to read Stowage Category 05 for the following proper shipping names and corresponding identification numbers:

Proper shipping name

UN No.

Proper shipping name

UN No.

Ammunition smoke, white phosphorus with burster, expelling charge, or propelling charge

UN0245

Diazodinitrophenol, wetted with not less than 40 percent water or mixture of alcohol and water, by mass

UN0074

Ammunition, incendiary liquid or gel, with burster, expelling charge or propelling charge

UN0247

Fuzes, detonating

UN0106

Ammunition, incendiary, white phosphorus, with burster, expelling charge or propelling charge

UN0243

Fuzes, detonating

UN0107

Ammunition, incendiary, white phosphorus, with burster, expelling charge or propelling charge

UN0244

Fuzes, detonating

UN0257

Ammunition, smoke, white phosphorus with burster, expelling charge, or propelling charge

UN0246

Grenades, hand or rifle, with bursting charge

UN0292

Ammunition, toxic with burster, expelling charge, or propelling charge

UN0020

Grenades, hand or rifle, with bursting charge

UN0293

Ammunition, toxic with burster, expelling charge, or propelling charge

UN0021

Guanyl nitrosaminoguanylidene hydrazine, wetted with not less than 30 percent water, by mass

UN0113

Articles, explosive, n.o.s

UN0350

Guanyl nitrosaminoguanyltetrazene, wetted or Tetrazene, wetted with not less than 30 percent water or mixture of alcohol and water, by mass

UN0114

Articles, explosive, n.o.s

UN0355

Lead azide, wetted with not less than 20 percent water or mixture of alcohol and water, by mass

UN0129

Articles, explosive, n.o.s

UN0356

Lead styphnate, wetted or Lead trinitroresorcinate, wetted with not less than 20 percent water or mixture of alcohol and water, by mass

UN0130

Articles, explosive, n.o.s

UN0465

Mercury fulminate, wetted with not less than 20 percent water, or mixture of alcohol and water, by mass

UN0135

Articles, explosive, n.o.s

UN0469

Mines with bursting charge

UN0136

Articles, explosive, n.o.s

UN0472

Mines with bursting charge

UN0294

Articles, pyrophoric

UN0380

Primers, cap type

UN0377

Barium azide, dry or wetted with less than 50 percent water, by mass

UN0224

Primers, cap type

UN0378

Bombs with flammable liquid,

with bursting charge

UN0399

Projectiles, with burster or expelling charge

UN0426

Bombs with flammable liquid,

with bursting charge

UN0400

Projectiles, with burster or expelling charge

UN0427

Bombs, photo-flash

UN0037

Projectiles, with bursting charge

UN0167

Bombs,

with bursting charge

UN0033

Projectiles, with bursting charge

UN0324

Bombs,

with bursting charge

UN0291

Rocket motors with hypergolic liquids with or without an expelling charge

UN0250

Boosters with detonator

UN0225

Rocket motors with hypergolic liquids with or without an expelling charge

UN0322

Boosters with detonator

UN0268

Rocket motors, liquid fueled

UN0395

Cartridges for weapons, with bursting charge

UN0005

Rocket motors, liquid fueled

UN0396

Cartridges for weapons, with bursting charge

UN0007

Rockets, liquid fueled with bursting charge

UN0397

Cartridges for weapons, with bursting charge

UN0348

Rockets, liquid fueled with bursting charge

UN0398

Components, explosive train, n.o.s

UN0382

Rockets, with bursting charge

UN0180

Components, explosive train, n.o.s

UN0383

Rockets, with bursting charge

UN0295

Components, explosive train, n.o.s

UN0461

Samples, explosive, other than initiating explosives

UN0190

Contrivances, water-activated, with burster, expelling charge or propelling charge

UN0248

Sounding devices, explosive

UN0204

Contrivances, water-activated, with burster, expelling charge or propelling charge

UN0249

Sounding devices, explosive

UN0296

Detonator assemblies, non-electric for blasting

UN0360

Substances, explosive, n.o.s

UN0357

Detonator assemblies, non-electric for blasting

UN0361

Substances, explosive, n.o.s

UN0358

Detonators for ammunition

UN0073

Substances, explosive, n.o.s

UN0359

Detonators for ammunition

UN0364

Substances, explosive, n.o.s

UN0473

Detonators for ammunition

UN0365

Torpedoes with bursting charge

UN0330

Detonators, electric, for blasting

UN0030

Torpedoes, liquid fueled, with inert head

UN0450

Detonators, electric, for blasting

UN0255

Torpedoes, liquid fueled, with or without bursting charge

UN0449

Detonators, non-electric, for blasting

UN0029

Warheads, rocket with burster or expelling charge

UN0371

Detonators, non-electric, for blasting

UN0267

Warheads, rocket with bursting charge

UN0369

Vessel stowage codes (10B).

Section 172.101(k) describes Column (10) of the HMT and the vessel stowage requirements for specific entries in the HMT. Furthermore, column (10B) [Other provisions] specifies codes for stowage requirements for specific hazardous materials. The meaning of each code in Column (10B) is set forth in § 176.84 of this subchapter.

Vessel shipments of Class 1 explosives are currently required to be stored away from all sources of heat including steam pipes, heating coils, sparks, and flame in accordance with § 176.116(a). In addition to this general provision in § 176.116, several vessel stowage codes in column (10B) make reference to shading or stowing away from heat. To harmonize with the IMDG Code, reduce the number of redundant vessel stowage codes, and incorporate the addition of a new definition for protected from sources of heat (see Section 176.2 of this NPRM for definition) PHMSA proposes to delete vessel stowage codes 50 and 48 and replace all references to these codes with stowage code 25. See

Section 176.84

for a detailed discussion of our proposed revision to stowage code 25.

The following proper shipping names and corresponding identification numbers will have stowage code 48 replaced with stowage code 25 in Column (10B) in the HMT.

Proper shipping name

UN No.

Proper shipping name

UN No.

Aerosols,

poison, Packing Group III (each not exceeding 1 L capacity)

UN1950

Calcium hypochlorite mixture, dry, corrosive with more than 10% but not more than 39% available chlorine

UN3486

Aerosols,

flammable, (each not exceeding 1 L capacity)

UN1950

Calcium hypochlorite mixtures, dry, with more than 10 percent but not more than 39 percent available chlorine

UN2208

Aerosols, flammable, n.o.s.

(engine starting fluid) (each not exceeding 1 L capacity)

UN1950

Copra

UN1363

Aerosols, non-flammable,

(each not exceeding 1 L capacity)

UN1950

Dichlorophenyl isocyanates

UN2250

Aerosols, poison,

(each not exceeding 1 L capacity)

UN1950

Dicyclohexylammonium nitrite

UN2687

Ammonium nitrate based fertilizer

UN2067

Gallium

UN2803

Ammonium nitrate emulsion

Ammonium nitrate suspension

Ammonium nitrate gel, intermediate for blasting explosives

UN3375

Hypochlorites, inorganic, n.o.s

UN3212

Ammonium nitrate, with not more than 0.2% total combustible material, including any organic substance, calculated as carbon to the exclusion of any other added substance

UN1942

Isocyanates, toxic, flammable, n.o.s.

Isocyanate solutions, toxic, flammable, n.o.s., flash point not less than 23 degrees C but not more than 61 degrees C and boiling point less than 300 degrees C

UN3080

Batteries, nickel-metal hydride

see

Batteries, dry, sealed, n.o.s. for nickel-metal hydride batteries transported by modes other than vessel

UN3496

Isocyanates, toxic, n.o.s.

Isocyanate solutions, toxic, n.o.s., flash point more than 61 degrees C and boiling point less than 300 degrees C

UN2206

Benzyldimethylamine

UN2619

Isocyanatobenzotrifluorides

UN2285

5-tert-Butyl-2,4,6-trinitro-m-xylene

Musk xylene

UN2956

Lithium hypochlorite, dry

Lithium hypochlorite mixture

UN1471

Calcium hypochlorite, dry, corrosive

Calcium hypochlorite mixtures, dry, corrosive with more than 39% available chlorine (8.8% available oxygen)

UN3485

Methacrylonitrile, stabilized

UN3079

Calcium hypochlorite, dry

Calcium hypochlorite mixtures dry with more than 39 percent available chlorine (8.8 percent available oxygen)

UN1748

Phosphorous acid

UN2834

Calcium hypochlorite, hydrated, corrosive

Calcium hypochlorite, hydrated mixture, corrosive with not less than 5.5% but not more than 16% water

UN3487

Propylene chlorohydrins

UN2611

Calcium hypochlorite, hydrated

Calcium hypochlorite, hydrated mixtures, with not less than 5.5 percent but not more than 16 percent water

UN2880

Sodium carbonate peroxyhydrate

UN3378

Sodium perborate monohydrate

UN3377

The following proper shipping names and corresponding identification numbers will have stowage code 19 replaced with stowage code 25 in Column (10B) in the HMT if stowage code 25 is not currently listed in Column (10B). If the proper shipping name already is currently assigned both stowage code 19 and 25; stowage code 19 will be deleted.

Proper shipping name

UN No.

Proper shipping name

UN No.

Copra

UN1363

Plastic molding compound

in dough, sheet or extruded rope form evolving flammable vapor

UN3314

Polymeric beads, expandable

evolving flammable vapor

UN2211

Sulfur

NA1350

Sulfur

UN1350

We also propose to assign stowage code 25 to every Class 1 explosive table entry to indicate these materials must be protected from sources of heat in accordance with the new proposed definition of “protected from sources of heat” in § 176.2. See

Section 176.84

for a detailed discussion of our proposed revision to stowage code 25 and § 176.2 for the proposed definition of “protected from sources of heat.”

Stowage code 50 is currently not assigned to any HMT entries and is being proposed for deletion in this NPRM.

PHMSA proposes to revise stowage code 128 to account for a citation change in the IMDG Code. The proposed new text of stowage code 128 is “stow in accordance with the IMDG Code, Sub-section 7.6.2.7.2 (incorporated by reference; see § 171.7 of this subchapter).”

PHMSA proposes to delete stowage codes 7E, 8E, and 20E. The proposed reduction in the number of vessel stowage categories in column (10A) makes these codes unnecessary and any applicable stowage requirements are covered by the requirements of the applied code in column (10A). Consequently, we propose to remove stowage codes 7E, 8E, or 20E from the following entries, as applicable:

The following proper shipping names and corresponding identification numbers will have stowage code 7E removed from column (10B) of the HMT.

Proper shipping name

UN No.

Proper shipping name

UN No.

Ammunition, smoke

with or without burster, expelling charge or propelling charge

UN0303

Ammunition, tear-producing

with burster, expelling charge or propelling charge

UN0301

The following proper shipping names and corresponding identification numbers will have stowage code 8E removed from column (10B) of the HMT.

Proper shipping name

UN No.

Proper shipping name

UN No.

Ammunition smoke, white phosphorus

with burster, expelling charge, or propelling charge

UN0245

Articles, explosive, n.o.s

UN0354

Ammunition, smoke, white phosphorus

with burster, expelling charge, or propelling charge

UN0246

Articles, explosive, n.o.s

UN0355

Ammunition, smoke

with or without burster, expelling charge or propelling charge

UN0015

Articles, explosive, n.o.s

UN0356

Ammunition, smoke

with or without burster, expelling charge or propelling charge

UN0016

Articles, pyrophoric

UN0380

Ammunition, smoke

with or without burster, expelling charge or propelling charge

UN0303

Contrivances, water-activated,

with burster, expelling charge or propelling charge

UN0248

Ammunition, tear-producing

with burster, expelling charge or propelling charge

UN0018

Contrivances, water-activated,

with burster, expelling charge or propelling charge

UN0249

Ammunition, tear-producing

with burster, expelling charge or propelling charge

UN0019

Rocket motors with hypergolic liquids

with or without an expelling charge

UN0250

Ammunition, tear-producing

with burster, expelling charge or propelling charge

UN0301

Rocket motors with hypergolic liquids

with or without an expelling charge

UN0322

Ammunition, toxic

with burster, expelling charge, or propelling charge

UN0020

Substances, explosive, n.o.s

UN0357

Ammunition, toxic

with burster, expelling charge, or propelling charge

UN0021

Substances, explosive, n.o.s

UN0358

Substances, explosive, n.o.s

UN0359

The following proper shipping names and corresponding identification numbers will have stowage code 20E removed from column (10B) of the HMT.

Proper shipping name

UN No.

Proper shipping name

UN No.

Ammunition, smoke

with or without burster, expelling charge or propelling charge

UN0015

Ammunition, tear-producing

with burster, expelling charge or propelling charge

UN0018

Ammunition, smoke

with or without burster, expelling charge or propelling charge

UN0016

Ammunition, tear-producing

with burster, expelling charge or propelling charge

UN0019

During review of the explosive stowage codes it was noted that stowage code 1E was assigned to UN0504 1H-Tetrazole and UN0502 Rockets, with inert head. Stowage code 1E was removed in a final rule published on June 21, 2001, under Docket Number RSPA-2000-7702 (HM-215D) [66 FR 33316] entitled, “Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions” and, in this NPRM, PHMSA proposes to amend the listings for these two entries by removing these two codes whose requirements have been captured by other vessel stowage provisions.

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 47

Special provision 47 provides classification exceptions for mixtures of solids and flammable liquids. In this NPRM, PHMSA proposes to revise special provision 47 to clarify that the requirement that each packaging must correspond with a design type that has passed a leakproofness test at the Packing Group II level applies only to single packagings.

Special Provision 48

Special provision 48 provides classification exceptions for mixtures of solids and toxic liquids. In this NPRM, PHMSA proposes to revise special provision 47 to clarify that the requirement that each packaging must correspond with a design type that has passed a leakproofness test at the Packing Group II level applies only to single packagings.

Special Provision 49

Special provision 49 provides classification exceptions for mixtures of solids and corrosive liquids. In this NPRM, PHMSA proposes to revise special provision 49 to clarify that the requirement that each packaging must correspond with a design type that has passed a leakproofness test at the Packing Group II level applies only to single packagings.

Special Provision 101

In a NPRM published in the

Federal Register

on August 31, 2006 (71 FR 51895), we proposed to remove § 172.102(c)(1), Special provision 101. In the NPRM, we stated that with the introduction of the letter “G” in Column (1), which requires the n.o.s. and generic proper shipping names to be supplemented with the technical name of the hazardous material, Special Provision 101 became obsolete. Consequently, because we did not receive public comment, the amendment was adopted as proposed in a final rule published in the

Federal Register

on December 29, 2006 (71 FR 78596).

Consequences of the removal of § 172.102(c)(1) Special provision 101 in 2006 may have resulted in

noncompliance for certain Department of Defense (DOD) explosive shipments. DOD recently asserted the current provisions in §§ 171.8 and 172.203(k) of the HMR do not permit technical names to be indicated in such a manner as former Special provision 101 required. For example, a DOD explosive shipment approved under the generic description “Articles, explosive, n.o.s.” was previously assigned Special provision 101 in column 7 of the § 172.101 Hazardous Materials Table that required the name of the particular substance or article to be specified as the technical name for the substance or article (e.g., “Fuze, Grenade, M219A2”) in association with the basic description. Therefore, in this notice, PHMSA is proposing to reinstate special provision 101 for the following HMT entries:

UN0349 Articles, explosive, n.o.s.

UN0350 Articles, explosive, n.o.s.

UN0351 Articles, explosive, n.o.s.

UN0352 Articles, explosive, n.o.s.

UN0353 Articles, explosive, n.o.s.

UN0354 Articles, explosive, n.o.s.

UN0355 Articles, explosive, n.o.s.

UN0356 Articles, explosive, n.o.s.

UN0462 Articles, explosive, n.o.s.

UN0463 Articles, explosive, n.o.s.

UN0464 Articles, explosive, n.o.s.

UN0465 Articles, explosive, n.o.s.

UN0466 Articles, explosive, n.o.s.

UN0467 Articles, explosive, n.o.s.

UN0468 Articles, explosive, n.o.s.

UN0469 Articles, explosive, n.o.s.

UN0470 Articles, explosive, n.o.s.

UN0471 Articles, explosive, n.o.s.

UN0472 Articles, explosive, n.o.s.

UN0382 Components, explosive train, n.o.s.

UN0383 Components, explosive train, n.o.s.

UN0384 Components, explosive train, n.o.s.

UN0461 Components, explosive train, n.o.s.

UN0357 Substances, explosive, n.o.s.

UN0358 Substances, explosive, n.o.s.

UN0359 Substances, explosive, n.o.s.

UN0473 Substances, explosive, n.o.s.

UN0474 Substances, explosive, n.o.s.

UN0475 Substances, explosive, n.o.s.

UN0476 Substances, explosive, n.o.s.

UN0477 Substances, explosive, n.o.s.

UN0478 Substances, explosive, n.o.s.

UN0479 Substances, explosive, n.o.s.

UN0480 Substances, explosive, n.o.s.

UN0481 Substances, explosive, n.o.s.

UN0485 Substances, explosive, n.o.s.

UN0482 Substances, explosive, very insensitive, n.o.s.

Substances, EVI, n.o.s.

Special Provision 118

Special provision 118 states that materials listing this special provision may not be transported under the provisions of Division 4.1 unless specifically authorized by the Associate Administrator. In the UN Model Regulations the corresponding special provision, SP 272, contained a note that the special provision referred to UN0143. This special provision in the UN Model Regulations has been revised to indicate that the special provision applies to both UN0143 and UN0150, as appropriate. To maintain consistency with the UN Model Regulations, in this NPRM PHMSA proposes to adopt this editorial note and revise special provision 118 by adding the language “(see UN0143 or UN0150 as appropriate)” following the existing text.

Special Provision 134

Special provision 134 would be revised to note that this provision also applies to equipment powered by wet batteries or sodium batteries that are transported with these batteries installed. This is a minor clarification of the original intent of this special provision.

Special Provision 155

Special provision 155 states that Fish meal or fish scrap may not be transported if the temperature at the time of loading either exceeds 35 °C (95 °F), or exceeds 5 °C (9 °F) above the ambient temperature, whichever is higher.

In this NPRM PHMSA proposes to revise special provision 155 by adding a reference to the new proper shipping name “krill meal.” Krill meal processes similar self-heating hazard characteristics to fish meal and scrap; therefore, application of this special provision is appropriate. This addition will clarify that special provision 155 applies to fish meal and fish scrap as well as krill meal. This revision is a clarification of the existing requirement.

Special Provision 237

Special provision 237 specifies that “Batteries, dry, containing potassium hydroxide solid,

electric storage

” must be prepared and packaged in accordance with the requirements of § 173.159(a), (b), and (c) and that for transportation by aircraft, the provisions of § 173.159(b)(2) are applicable.

In this NPRM PHMSA is proposing to add an additional sentence to special provision 237 clarifying the applicability of the provision. Specifically language is added to state that the entry for “Batteries, dry, containing potassium hydroxide solid,

electric storage”

may only be used for the transport of non-activated batteries that contain dry potassium hydroxide and that are intended to be activated prior to use by the addition of an appropriate amount of water to the individual cells.

Special Provision 238

Special provision 238 is added to address neutron radiation detectors. Neutron detection is a key component used in nuclear arms interdiction in addition to other applications such as nuclear reactor monitoring, neutron-based cancer treatments, neutron spallation, nondestructive testing and health physics applications. Most neutron radiation detectors contain boron trifluoride gas, UN1008, which is currently forbidden by passenger and cargo aircraft as noted in Columns (9A) and (9B) of the HMT. Currently, neutron radiation detectors that contain this gas can only be transported by air under the terms of a special permit.

ICAO recently adopted a special provision specifically addressing neutron radiation detectors. The recently adopted special provision A191 permits, under certain conditions the transportation by cargo aircraft of neutron radiation detectors that contain boron trifluoride. These conditions include quantity of gas limitations, construction and packaging specifications. The special provision also provides that under certain conditions these neutron radiation detectors containing not more than 1 gram of boron trifluoride gas are not otherwise subject to the ICAO Technical Instructions.

PHMSA granted a special permit, for the transportation by all modes, of certain neutron radiation detectors containing boron trifluoride gas. The limitations set forth in Special Provision A191 of the ICAO Technical Instructions do not exceed any limitations of the special permit and, therefore, PHMSA proposes to adopt and apply them to all modes of transportation except passenger-carrying aircraft by incorporating them into § 172.102(c)(1), Special provision 238. Specifically, the special provision will provide packaging requirements (including pressure limitations), quantities permitted, and package construction requirements for radiation detectors containing non-pressurized boron trifluoride gas in excess of 1 gram. The special provision also provides additional exceptions from the HMR based on the transport mode and other conditions. The special provision is applicable to the entry “UN1008, Boron trifluoride” in the HMT. PHMSA believes the adoption of this special provision provides an adequate level of safety for the transportation of these items, while providing flexibility and without the need to obtain a special permit.

Special Provision 328

A new special provision 328 is added to clarify that when lithium cells or batteries are contained in the fuel cell system, the item must be described

under this entry and the entry “Lithium batteries, contained in equipment.” This special provision will be applied to UN3473 “Fuel cell cartridges

Fuel cell cartridges contained in equipment

Fuel cell cartridges packed with equipment,

containing flammable liquids”;

UN3476 “Fuel cell cartridges

Fuel cell cartridges contained in equipment

Fuel cell cartridges packed with equipment,

containing water-reactive substances”;

UN3477 “Fuel cell cartridges

Fuel cell cartridges contained in equipment

Fuel cell cartridges packed with equipment,

containing corrosive substances”;

UN3478 “Fuel cell cartridges

Fuel cell cartridges contained in equipment

Fuel cell cartridges packed with equipment,

containing liquefied flammable gas”;

and UN3479 “Fuel cell cartridges

Fuel cell cartridges contained in equipment

Fuel cell cartridges packed with equipment,

containing hydrogen in metal hydride.”

Special Provision 360

A new Special Provision 360 would be added and assigned to UN3091, “Lithium batteries, contained in equipment” to clarify that vehicles powered only by lithium batteries must be assigned to identification number UN3071, “Battery powered vehicle”.

Special Provision 361

A new special provision 361 is added to clarify that certain capacitors with limited energy storage capability are excepted from the HMR. Specifically, the special provision will state that capacitors with an energy storage capacity of 0.3 Wh or less are not subject to the HMR. Furthermore this special provision will define energy storage capacity as the energy held by a capacitor, as calculated using the nominal voltage and capacitance.

Proposed § 173.176 provides that capacitors not installed in equipment must be transported in an uncharged state and capacitors installed in equipment must be transported in either an uncharged state or protected against short circuit. Certain types of capacitors such as asymmetrical capacitors are designed to maintain a terminal voltage. This special provision will also clarify the entry UN3499 does not apply to these capacitors. This special provision will be applied to the proposed HMT entry UN3499, “Capacitor,

electric double layer (with an energy storage capacity greater than 0.3 Wh).”

Special Provision 362

A new special provision 362 is added to specify when a material can be considered a chemical under pressure. Specifically, the special provision will state that classification of these materials is to be based on hazard characteristics of the components in the propellant, the liquid, or the solid forms. Further, this special provision will detail the appropriate primary and subsidiary hazard classes to be assigned to chemicals under pressure. Special provision 362 would be added and assigned to the following HMT entries: UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under pressure, flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s.; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under pressure, flammable, corrosive, n.o.s.

Special Provision 363

Prior to the publication of the 17th Revised Edition of the UN Model Regulations, the transport of large amounts of fuel in machinery was not specifically addressed in international transport regulations. In the most recent biennium of the UNSCOE, some experts expressed concerns about the transport of large amounts of fuel in machinery. This concern lead the international community to adopt in The 17th Revised Edition of the UN Model Regulations a special provision associated with fuel-related Class 3 entries.

Special Provision 363, as adopted in the UN Model Regulations, requires an article that contains fuel in excess of the limited quantity authorized amount and is ineligible to be described as Dangerous Goods in Machinery or Apparatus, UN3363, to conform to several general provisions to avoid being subject to the remainder of the HMR. Shipments utilizing this special provision require that the means of containment be in compliance with the construction requirements of the competent authority, all valves or openings in the means of containment containing dangerous goods shall be closed during transport, the machinery or equipment shall be loaded in an orientation to prevent leakage, and: (1) If the means of containment has a capacity of not more than 450 liters, one label would be required; (2) if the means of containment has a capacity greater than 450 liters but not more than 1,500 liters, it must be labeled on all four sides; or (3) if the means of containment has a capacity greater than 1,500 liters, it must be placarded on each side and each end. Additionally, shipping papers are required for such articles.

In this NPRM, PHMSA proposes to adopt Special Provision 363 modeled on the corresponding special provision adopted in the UN Model Regulations. This special provision would be assigned to the following HMT entries for transportation by vessel: UN1202, Gas oil

Diesel fuel

Heating oil, light; UN1203, Gasoline

including when mixed with ethyl alcohol, with not more than 10% alcohol;

UN1223, Kerosene; UN1268, Petroleum distillates, n.o.s.

Petroleum products, n.o.s.; UN1863, Fuel, aviation, turbine engine; and UN3475, Ethanol and gasoline mixture

Ethanol and motor spirit mixture

Ethanol and petrol mixture, with more than 10% ethanol.

While PHMSA generally agrees with the concept of addressing machinery or apparatus containing flammable liquid fuels in amounts that exceed the authorized limited quantity amounts and are ineligible to be described as UN3363, Dangerous goods in machinery or apparatus, we do have concerns related to the potential impact that adopting this special provision would have on shippers of generators and other similar articles that may currently be described as UN3166, Engines internal combustion, and are not subject to fuel limitations when transported by highway or rail. Conversely, PHMSA is soliciting public comment regarding any potential negative impact on the efficient and seamless flow of international commerce if we choose not to adopt Special Provision 363 in a final rule.

Special Provision 365

With the official adoption of a new proper shipping name UN3506 Mercury contained in manufactured articles in the 17th Revised Edition of the UN Model Regulations to address manufactured articles containing mercury, PHMSA proposes to add a new special provision 365 stating that manufactured instruments and articles containing mercury should reference UN3506. This special provision will be applied to UN2809 Mercury.

Special Provision A60

Special Provision A60 permits UN2014, Hydrogen peroxide, aqueous solution, to be transported in excepted quantities provided a comparative fire test between packages containing the solution and identical packages containing water demonstrated no difference in the burning rate. The likelihood of finding discernible differences with more accurate test equipment used today is much greater than it would have been with equipment used when the test

requirements were first developed. This more sensitive equipment often detects negligible differences between the two test subjects and, therefore, precludes transport of these small devices under the special provision. To address the issue, the ICAO Dangerous Goods Panel (DGP) adopted a proposal to allow small differences in burning rates.

In this NPRM we are proposing to harmonize with the ICAO Technical Instructions with regard to the comparative fire test for Hydrogen peroxide, aqueous solution. Special provision A60 is revised accordingly.

Special Provision A100

Special Provision A100 states that primary (non-rechargeable) lithium batteries and cells are forbidden for transport aboard passenger-carrying aircraft and secondary (rechargeable) lithium batteries and cells are authorized aboard passenger-carrying aircraft in packages that do not exceed a gross weight of 5 kg.

In this NPRM special provision A100 is revised to clarify the weight limitations for secondary lithium batteries are net and not gross quantities. There are some combinations of authorized battery packagings that contribute significantly towards the gross weight of the finished package. The intent of this proposed change is to indicate that the quantity limits for secondary lithium battery shipments aboard passenger-carrying aircraft are to be based on the actual weight of the batteries in each individual package and not the weight of the completed package.

Special Provision A103

Special Provision A103 specifies that lithium batteries contained in equipment is authorized aboard passenger carrying aircraft if the gross weight of the inner package of secondary lithium batteries or cells packed with the equipment does not exceed 5 kg (11 pounds).

In this NPRM special provision A103 is revised to clarify the weight limitations are net and not gross quantities. There are some combinations of authorized battery packagings that contribute significantly towards the gross weight of the finished package. The intent of this proposed change is to indicate that the quantity limits for secondary lithium battery shipments aboard passenger carry aircraft are to be based on the actual weight of the batteries in each individual package and not the weight of the completed package.

Special Provision A189

In this NPRM, we are proposing to add a new special provision, A189, which will be assigned to the HMT entry “UN2209, Formaldehyde solutions,

with not less than 25 percent formaldehyde”

indicating how Formaldehyde solutions with more than 25% are to be classified. It was suggested at the ICAO DGP that the entry for “UN2209, Formaldehyde solution

with not less than 25% formaldehyde”

implied that concentrations of less than 25% formaldehyde were not regulated. To clarify these requirements, the ICAO DGP adopted a new special provision detailing how differing percentage of formaldehyde solutions are regulated.

In this NPRM, we are proposing to add language detailing how differing percentage of Formaldehyde solutions are to be regulated in the new special provision A189. This special provision will be applied to UN3334, Aviation regulated liquid, n.o.s. and NA3082, Other regulated substances, liquid, n.o.s.

Special Provision A192

A new special provision, A192, is added noting that regardless of the Division 6.1 subsidiary hazard indicated in the HMT, the poison subsidiary risk label and an indication of this subsidiary risk on the shipping paper are not required for manufactured articles containing less than 0.45 kg (1 pound) of mercury. This provision aligns with the decision of the UN Sub-Committee to ensure that transport of such articles, particularly by air, is not impeded due to mercury's revised classification.

Special Provision A200

As previously discussed, a new special provision, A200, is added stating the entries assigned this special provision must be transported as cargo when transported by aircraft and cannot be carried onboard an aircraft by passengers or crewmembers either in or as carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10, “Exceptions for Passengers, Crewmembers, and Air Operators.” This special provision would be assigned to articles and will be applied to: UN3166, Engines, internal combustion

Engines, fuel cell,

flammable gas powered;

UN3166, Engines, internal combustion,

Engines, fuel cell,

flammable liquid powered;

UN3166, Vehicle,

flammable gas powered or

Vehicle, fuel cell,

flammable gas powered;

UN3166, Vehicle,

flammable liquid powered or

Vehicle, fuel cell,

flammable liquid powered;

UN0503, Air bag inflators,

Air bag modules,

Seat-belt pretensioners; and, UN3268, Air bag inflators,

Air bag modules,

Seat-belt pretensioners.

Special Provision B120

A new special provision B120 is added to specify the use of FBCs conforming to the requirements in Subpart R and Subpart S of part 178 of this subchapter are permitted. The special provision is applicable to the following entries:

Proper shipping name

UN No.

Ammonium nitrate based fertilizer

UN2067

Ammonium nitrate,

with not more than 0.2% total combustible material, including any organic substance, calculated as carbon to the exclusion of any other added substance

UN1942

Calcium nitrate

UN1454

Environmentally hazardous substance, solid, n.o.s

UN3077

Magnesium nitrate

UN1474

Naphthalene, crude

Naphthalene, refined

UN1334

Paraformaldehyde

UN2213

Potassium nitrate

UN1486

Sodium carbonate peroxyhydrate

UN3378

Sodium nitrate

UN1498

Sodium nitrate and potassium nitrate mixtures

UN1499

Sodium perborate monohydrate

UN3377

Sulfur (domestic and international entries)

UN1350

FBCs must conform to the performance-oriented construction standards and testing criteria in new subparts R and S of part 178. In addition, shipments of FBCs must be prepared and otherwise conform to the general requirements for bulk packages in subpart B of part 173 and the proposed new § 173.37.

IBC Codes

In a final rule published in the

Federal Register

on January 19, 2011 (76 FR 3308; HM-215K), the Table 1 (IBC Codes) in paragraph (c)(4) were editorially revised to remove UN Specifications 31A, 31B and 31N from IBC Codes IB4 through IB8. The revision was consistent with amendments to international standards that removed 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 are assigned to liquid materials only. In the January 19, 2011 final rule, PHMSA inadvertently failed to also remove the remaining

liquid IBC specifications (31H1, 31H2, 31HZ1, and 31HZ2) from IB Codes IB4 through IB8. Therefore, in this NPRM, PHMSA is editorially correcting the IBC Code Table in § 172.102(c)(4).

Special Provision TP39

A new special provision, TP39, is added and assigned to HMT entry“UN2381, Dimethyl disulfide.” This special provision indicates that portable tank instruction T4 may continue to be applied until December 31, 2018. This will provide more time for portable tank transporters to transition their current fleets.

Special Provision TP40

A new special provision TP40 is added and assigned to HMT entries “UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under pressure, flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s., UN3503; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under pressure, flammable, corrosive, n.o.s.” The special provision indicates that the portable tanks must not be transported when connected with spray application equipment. This will provide an additional measure preventing inadvertent release of hazardous materials in transport.

Special Provision TP41

A new Special provision TP41 is added and assigned to HMT entries “UN3148, Water-reactive liquid, n.o.s.,” indicating that the portable tank instruction T9 may continue to be applied until December 31, 2018.

Special Provision TP50

Special provision T50 is revised to note that this provision is applicable to chemicals under pressure as well as liquefied compressed gases. Special provision T50 would be assigned to HMT entries “UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under pressure, flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s., UN3503; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under pressure, flammable, corrosive, n.o.s.”

Special Provision W10

A new special provision W10 is added and assigned to HMT entries “UN3486 Calcium hypochlorite mixture, dry, corrosive

with more than 10% but not more than 39% available chlorine”

and to “UN2208 Calcium hypochlorite mixtures, dry,

with more than 10 percent but not more than 39 percent available chlorine”

indicating that when offered for transportation by vessel, the use of Large Packagings is prohibited. This provision is being adopted to align with a recent IMO change forbidding these commodities from being transported by vessel in large packages.

Section 172.202

Section 172.202 establishes requirements for shipping descriptions on shipping papers. As part of these shipping paper requirements, in many situations a net or gross quantity of the hazardous materials transported must be included. At the 23rd meeting of the ICAO DGP, the issue of notation of quantities on shipping documents was raised. Specifically, it was noted that some confusion as to whether or not the net quantity or a gross mass is required on the shipping documents on particular shipments, such as limited quantities. At this meeting an amendment to the ICAO Technical Instructions was proposed and adopted designed to clarify what quantities (i.e. net or gross quantity) were required on the transport document for packages containing limited quantities where different hazardous materials are packed together in the same outer packaging.

In this NPRM, PHMSA proposes to adopt a similar provision to the one addressed by the ICAO DGP discussed above. Specifically, PHMSA proposes to add a new paragraph (a)(6)(vii) stating that for shipments containing hazardous materials in limited quantities with a “30 Kg gross” limit in Column (9A) or (9B) of the § 172.101 Hazardous Materials Table and different hazardous materials packed together in the same outer packaging, the net quantity of each hazardous material followed by the gross mass of the completed package should be shown on the shipping paper.

This clarification will address a transport scenario currently not addressed in the HMR thus alleviating confusion regarding the shipping paper requirements of such shipments. Furthermore, this will harmonize the HMR with the ICAO Technical Instructions and avoid shipping paper discrepancies for international shipments.

Section 172.301

This section details the general marking requirements for non-bulk packagings. Specifically, this section states what information (proper shipping name and identification number, technical names, consignee's or consignor's name, etc.) must be displayed on the outside of non-bulk packages. While the HMR requires that an identification number, preceded by “UN” or “NA” as appropriate, be marked on the outside of a non-bulk packaging a specific size of this marking is not specified.

In this NPRM PHMSA proposes to add specific size requirements for the “UN” or “NA” markings. As proposed these markings must be marked in characters at least 12 mm (0.47 inches) high, however, packages with a maximum capacity of 30 liters (7.92 gallons) or 30 kg (66 pounds) or less must be marked with characters at least 6 mm (0.2 inches) high and packages having a maximum capacity 5 liters (1.32 gallons) or 5 kg (11 pounds) or less must be marked in a size appropriate for the size of the package.

PHMSA proposes this minimum size marking for the “UN” or “NA” markings to align with newly adopted requirements in the 17th Revised Edition of the UN Model Regulations. PHMSA recognizes the importance of establishing a minimum size requirement for the internationally recognized “UN” identification number marking system. The HMR currently specifies size requirements for the package markings specified in § 178.3(a)(4). Specifically, for package markings, letters and numerals must be at least 12.0 mm (0.47 inches) in height except that for packagings of less than or equal to 30 L (7.9 gallons) capacity for liquids or 30 kg (66 pounds) capacity for solids the height must be at least 6.0 mm (0.2 inches). Without a minimum size requirement for hazard communication, shippers may mark packages in a format that makes it very hard for first responders to identify the commodity associated with a particular package. Therefore in this NPRM, PHMSA proposes to specify a marking size consistent with package marking sizes specified in § 178.3(a)(4) and those adopted in the 17th Revised Edition of the UN Model Regulations.

Section 172.312

Section 172.312 details the specific marking requirements for liquid hazardous materials in non-bulk packagings. Paragraph (a) of this section describes scenarios when package orientation arrows must be displayed on the outside of a package. Provided certain criteria are met, paragraph (c) excepts certain shipments from the requirements of paragraph (a) and thus, the requirement to display the package orientation arrows on the package. Currently § 173.312(c)(3) states that when offered or intended for transportation by aircraft, packages

containing flammable liquids in inner packagings of 120 mL (4 fluid oz.) or less prepared in accordance with § 173.150(b) or (c) of this subchapter when packed with sufficient absorption material between the inner and outer packagings to completely absorb the liquid contents are not required to display the package orientation arrows on the outside of the package. The ICAO TI have been amended to extend this exception to the package orientation markings to all liquid hazardous materials in inner packagings of 120 mL (4 fluid oz.) when packed with sufficient absorption material between the inner and outer packagings to completely absorb the liquid contents. In this NPRM, PHMSA is proposing to adopt this change, consistent with the amendment made to the ICAO TI to extend the exception for the display of the package orientation arrows to all liquid hazardous materials in inner packagings of 120 mL (4 fluid oz.) when packed with sufficient absorption material between the inner and outer packagings to completely absorb the liquid contents.

Section 172.604

Section 172.604 prescribes emergency response telephone number requirements. Paragraph (d) of this section provides a listing of materials that are excepted from the requirement to provide an emergency response telephone number on a shipping document.

In this NPRM, PHMSA proposes to add “Krill Meal, PGIII” to the list of materials excepted from the emergency response telephone number requirements. Krill meal poses similar hazards to fish scrap and meal; therefore, in this NPRM we are providing Krill meal with the same exception from the emergency response telephone number requirements as fish scrap and meal.

Part 173

The specific packaging requirements for Class 1 explosive materials are specified in § 173.62. In this NPRM PHMSA is proposing to revise § 173.62 to authorize wood as an appropriate material used to construct receptacles, inner and outer intermediate packagings, and intermediate packagings/dividing partitions for certain explosives. Furthermore, in this NPRM PHMSA is proposing to authorize the use of metals other than steel or aluminum in specification packagings, specifically drums (1N1 or 1N2) and boxes (4N), as appropriate. This authorization would not include chlorosilanes under § 173.206 because of corrosion concerns. Otherwise, it authorizes the use of closed head drums where open head drums are generally permitted. PHMSA believes these amendments would provide greater flexibility in packaging while maintaining an equivalent level of safety.

Consistent with amendments adopted by the ICAO Technical Instructions, PHMSA proposes to adopt changes in various sections on Part 173 where certain articles, items, and materials are excepted from the requirements of the subchapter. There is a potential for these excepted articles, items, and materials to be inappropriately carried aboard an aircraft by passengers or crewmembers. The proposed changes will address this concern by clarifying that certain excepted articles, items and materials, identified by ICAO as posing a safety risk, must be transported as cargo and cannot be carried onboard an aircraft by passengers or crewmembers as carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10, “Exceptions for Passengers, Crewmembers, and Air Operators.” The amended sections include §§ 173.21, 173.159a, 173.162, 173.164, 173.175, 173.219, and 173.306. For UN3166 and UN3268, Special Provision A200 will be created to communicate this requirement and a reference to special provision A200 would be placed in column 7 of the HMT for these entries.

Section 173.12

This section specifies the exceptions for shipment of waste materials including the requirements for waste packages known as “lab packs.” A lab pack, although not specifically defined in § 171.8, is considered a large outer packaging containing small inner packagings that are filled with various compatible laboratory hazardous wastes. Paragraph (b) of this section specifies the authorized inner and outer packagings for lab packs.

In this NPRM, PHMSA proposes to revise paragraph (b)(2)(ii)(a) of this section by adding 1N2 metal drums to the permitted outer packagings currently authorized for a lab pack.

Section 173.21

Section 173.21 prescribes materials and packages forbidden for transport. In this NPRM, PHMSA is proposing to correct the IMDG Code section reference to control temperature requirements in § 173.21(f)(3)(ii) from 7.7 to 7.3.7.

Section 173.37

Currently, the HMR does not include a section that prescribes general requirements for packaging hazardous materials in Flexible Bulk Containers (FBCs). In this NPRM, PHMSA is proposing such requirements in new § 173.37 in a similar format to the general requirements for other bulk and large packagings (e.g., portable tanks, IBCs, etc.) in subpart B of part 173. This section will include, but not be limited to, requirements addressing the initial use and reuse of FBCs, capacity requirements and general transport conditions. Consistent with the use and reuse requirements of other large and bulk packagings, the general requirements in part 173 complement the construction and manufacture specifications for such bulk packagings in part 178 of the HMR.

In this NPRM, PHMSA is proposing that FBCs may be reused, and must be given a visual examination prior to reuse. Furthermore, the general requirements for FBCs would specify that FBCs must be transported in a conveyance with rigid sides and ends that extend at least two-thirds the height of the FBC, must not be offered for transportation in freight containers, and may not exceed 15 cubic meters in capacity.

Section 173.50

Section 173.50 provides definitions for the various divisions of Class 1 (explosives) referenced in Subpart C of Part 173. Paragraph (b) of this section notes that Class 1 (explosives) are divided into six divisions. Division 1.6 is described as an explosive consisting “of extremely insensitive articles that do not have a mass explosive hazard. This division is comprised of articles that contain only extremely insensitive detonating substances and that demonstrate a negligible probability of accidental initiation or propagation.”

In this NPRM PHMSA is proposing to remove the word “detonating” from this definition to align with the revised definition provided in the 17th Revised Edition of the UN Model Regulations.

Section 173.59

Section 173.59 provides definitions of explosive terms related to the transport and classification of explosives used throughout subpart C of part 173. These

definitions are intended for information only and are not to be used for purposes of classification or to replace proper shipping names prescribed in § 172.101. In the UN Model Regulations, Appendix B to Chapter 3 contains a similar list of explosive definitions which are also intended for information only and are not to be used for purposes of hazard classification.

In April 2010, the United States and the United Kingdom submitted a formal document regarding proposed modifications to the UN test series 7 for consideration by the UN Subcommittee of Experts on the Transport of Dangerous Goods. Test series 7 is used to classify explosives into the appropriate class.

This paper sought to modify the test series 7 to more accurately address the classification of Division 1.6. Specifically, Division 1.6 is for extremely insensitive detonating articles and the proposed changes in the US/UK paper are designed to ensure that the probability of accidental initiation or propagation of an article attaining this division remains negligible.

The scientific data regarding the adoption of these modifications are presented in working paper ST/SG/AC.10/C.3/2010/40 entitled “Proposed modifications to Test Series 7.” This paper can be viewed at the following URL:

http://www.unece.org/fileadmin/DAM/trans/doc/2010/ac10c3/ST-SG-AC10-C3-2010-40e.pdf

In the 17th Revised Edition of the UN Model Regulations, the proposals presented in the US/UK paper regarding the UN test series 7 were adopted. Among the adopted proposals was the addition of various explosive specific definitions referencing the modifications to the UN test series 7. In this NPRM, we are proposing to revise the various definitions prescribed in § 173.59. Specifically, we propose revising the definition for “Articles, explosive, extremely insensitive (Articles, EEI)” by removing the word “detonating” and adding the words “tools” after “starter pistols” in the definition for “Cartridges, blank.” We also propose to replace the definition for “Explosive, extremely insensitive detonating substances (EIDS)” with a new definition for “Explosive, extremely insensitive substances (EIS).” Lastly, we propose to add a definition for “Auxiliary explosive component, isolated.” The addition of and revisions to these definitions will provide consistency with international regulations and clarity when utilizing the UN test series 7 for explosive classification.

Section 173.62

Section 173.62 prescribes the specific packaging requirements for explosives. These packaging requirements stipulate the permitted inner, intermediate, and outer packagings as well as any specific additional packaging information. These packaging requirements are generally aligned with the requirements stipulated in the UN Model Regulations.

In this NPRM, PHMSA is proposing to revise various packaging provisions in the “Table of Packing Methods” in this section to align with changes adopted in the 17th Revised Edition of the UN Model Regulations. The revisions to the authorized packaging methods provide greater flexibility when packaging explosives while retaining an appropriate level of safety. These changes include, but are not limited to, permitting various explosives to be transported in closed head drums in addition to the already permitted removable head drums and adding the option to utilize wooden inner and intermediate packagings in various packaging provisions.

Section 173.63

Section 173.63 provides packaging exceptions for specific types of low hazard explosive materials including certain detonators, small arms ammunition and detonating cord. Paragraph (b) of this section prescribes the limited quantity requirements for small arms ammunition and blank cartridges for tools. Specifically, § 173.63(b)(1)(i) authorizes Cartridges, small arms (UN0012), and Cartridges for tools, blank

used to project fastening devices

(UN0014), classed as Division 1.4S explosive articles, to be offered for transportation and transported as limited quantity material when packaged in accordance with § 173.63(b)(2) and marked as prescribed in § 172.315(a) or (b) for transportation by all modes.

Section 173.115

Section 173.115 prescribes the definitions for Class 2 materials. Paragraph (k) of this section specifies how the oxidizing ability of certain Division 2.2 gases is determined. Currently, the HMR references ISO standards that include test and calculations used to determine the oxidizing ability of certain Division 2.2 gases. The UN Model Regulations and the ICAO Technical Instructions replace references to ISO standards 10156:1996 and 10156-2:2005 with the updated version ISO 10156:2010.

Based on its technical review, PHMSA believes the updated standard provides an adequate level of safety and proposes to reference the standard in this section and add it to the list of IBR materials in § 171.7.

Section 173.121

Section 173.121 prescribes the requirements for selection of packing groups for Class 3 flammable liquids. Paragraph (b) of this section describes the criteria for inclusion of viscous Class 3 materials in Packing Group III.

ICAO adopted requirements in the Technical Instructions that increased the quantity of viscous Class 3 flammable liquids permitted reclassification from Packing Group II to Packing Group III from 30 L (7.9 gal) per package to 100 L (26.42 gal) per package when offered for transport by cargo aircraft.

In this NPRM, PHMSA proposes to expand the per package amounts of viscous Class 3 material meeting the requirements in § 173.121(b). The increase will facilitate multi-modal transportation by permitting shipments offered by highway, rail, and cargo-carrying aircraft to utilize the same 100 L criteria.

Section 173.134

Provisions contained in the UN Model Regulations, Chapter 2.6, Class 6—Toxic and Infectious Substances, relating to the transportation of medical devices and equipment, have been amended to except medical equipment which has been drained of free liquid from the requirements of the UN Model Regulations. In addition, except for medical devices or equipment being transported for disposal, or medical devices or equipment contaminated with or suspected of contamination with a Category A infectious substance, the UN Model Regulations have been amended to exempt medical devices or equipment potentially contaminated with or containing infectious substances which are being transported for disinfection, cleaning, sterilization, repair or equipment evaluation from all other requirements of the UN Model Regulations, provided they meet certain packaging requirements.

In this NPRM, PHMSA proposes to amend § 173.134, “Class 6, Division 6.2—Definitions and Exceptions” by adopting the additional exemptions for medical devices and equipment.

Section 173.158

Section 173.158 prescribes packaging requirements for nitric acid mixtures of varying concentrations. In this NPRM, PHMSA is proposing to revise the list of outer packagings permitted for nitric acid mixtures of varying concentrations.

Specifically, PHMSA proposes to revise paragraph (d)(2) by adding 1N2, 4A, 4B and 4N packagings to the list of authorized outer packagings of combination packages for nitric acid of 90 percent or greater concentration, when offered for transportation or transported by rail, highway, or water, in addition to the packaging options currently authorized.

PHMSA also proposes to revise paragraph (e) of this section pertaining to nitric acid of less than 90 percent concentration, when offered for transportation or transported by rail, highway, or water. Specifically, this paragraph is revised to permit packagings of specification 4A, 4B, or 4N metal boxes for certain nitric acid concentrations.

Further, PHMSA proposes to revise paragraphs (f)(3), (g) and (h) by adding specification 1N2, 4A, 4B and 4N packagings to the list of authorized outer packagings of combination packagings for nitric acid of the following concentrations: (1) Nitric acid of 70 percent or less concentration, when offered for transportation or transported by rail, highway, or water; (2) Nitric acid of more than 70 percent concentration, when offered for transportation or transported by cargo aircraft only; and (3) Nitric acid of less than 70 percent concentration, when offered for transportation in cargo aircraft only.

The addition of these packaging options will increase flexibility for shippers when determining the appropriate packaging for nitric acid mixtures, in addition to the packaging options currently authorized.

Section 173.159a

Section 173.159a provides exceptions for non-spillable batteries. Paragraph (d) of this section excepts non-spillable batteries from the requirements of the HMR provided certain criteria, including specific packaging requirements and the absence of free-flowing liquid in the battery, are met.

In this NPRM, PHMSA is proposing to clarify paragraph (d) of this section by adding a new subparagraph (b)(3) stating that “for transport by aircraft, must be transported as cargo.” This clarification will align the HMR with the previously discussed changes made to the ICAO TI with regard to the air transport of non-spillable batteries that are excepted from the HMR.

Section 173.160

Section 173.160 prescribes packaging requirements for “Bombs, smoke, non-explosive” when shipped without ignition devices. In this NPRM, PHMSA is proposing to revise the list of packagings permitted for “Bombs, smoke, non-explosive” shipped without ignition devices. Specifically, PHMSA proposes to add the authorization to use metal (4A, 4B, and 4N), fiberboard (4G) or solid plastic (4H2) boxes, or metal (1A2, 1B2, and 1N2), plastic (1H2), plywood (1D), or fiber (1G) drums.

Section 173.162

Section 173.162 prescribes the packaging requirements for “UN2803, Gallium.” In this NPRM, PHMSA proposes to revise paragraph (a)(1), which authorized combination packagings intended to contain liquids consisting of glass, earthenware, or rigid plastic inner packagings with a maximum net mass of 15 kg (33 pounds) each. Specifically, PHMSA proposes to revise these requirements to permit both open and closed steel, metal, other that steel and aluminium drums (1A1, 1N1, 1N2, 1H1, 3A2 or 3H2) in addition to the packaging options currently authorized.

Further, PHMSA proposes to revise paragraph (a)(2), which authorizes packagings intended to contain liquids consisting of semi-rigid plastic inner packagings of not more than 2.5 kg (5.5 pounds) net capacity each, individually enclosed in a sealed, leak-tight bag of strong puncture-resistant material. Specifically, PHMSA proposes to revise these requirements to permit metal, other than steel or aluminium (4N) boxes; metal, other than steel or aluminium drums (1N1, 1N2); and plastic drums (1H1 or 1H2) in addition to the packaging options currently authorized.

In addition, PHMSA is proposing to clarify paragraph (d) by adding a new subparagraph (b)(3) stating that “for transport by aircraft, must be transported as cargo.” This clarification will align the HMR with the previously discussed changes adopted in the ICAO Technical Instructions regarding the air transport of gallium otherwise excepted from the HMR.

Section 173.164

Section 173.164 prescribes the packaging requirements for mercury (metallic and articles containing mercury). In this NPRM, PHMSA proposes to revise paragraph (a)(1), which authorized inner packagings of earthenware, glass or plastic containing not more than 3.5 kg (7.7 pounds) of mercury, or inner packagings that are glass ampoules containing not more than 0.5 kg (1.1 pounds) of mercury, or iron or steel quicksilver flasks containing not more than 35 kg (77 pounds) of mercury. Specifically, PHMSA proposes to revise these requirements to permit steel drums; metal, other that steel and aluminum drums (1A1, 1N1, 1N2) and metal, other than steel or aluminum boxes (4N), in addition to the packaging options currently authorized in paragraphs (a), (b) and (c).

Paragraph (f) is added to provide an exception to the requirements of the HMR for vessel transport of manufactured articles or instruments containing less than 0.45 kg (1.0 pound) of mercury. This exception is inserted to mirror an existing IMDG Code provision and harmonize the requirements for vessel shipments of mercury contained in manufactured articles as much as possible.

In addition, PHMSA is proposing to clarify paragraphs (a)(5), (b), and (c)(2) of this section by adding the phrase “when transported as cargo.” This clarification will align the HMR with the previously discussed changes adopted in the ICAO Technical Instructions regarding the air transport of manufactured articles containing mercury otherwise excepted from the HMR.

Section 173.165

Section 173.165 prescribes the transport and packaging requirements for polyester resin kits. In this NPRM, PHMSA is proposing to revise § 173.165 to better align the packaging and other requirements for UN3269, Polyester resin kits with the various international modal standards. These proposed amendments are also intended to correct inconsistencies adopted in a final rule published in the

Federal Register

on January 19, 2011 (76 FR 3308; HM-215K).

Section 173.175

Section 173.175 prescribes the transport and packaging requirements for permeation devices. Currently, permeation devices containing hazardous materials that are used for calibrating air quality monitoring devices are not subject to the HMR provided they meet specific requirements that include packaging, quantity limitations, testing, and transport controls.

In this NPRM, PHMSA is proposing to add a new paragraph (g) stating that “for transport by aircraft, must be transported as cargo.” This clarification will align the HMR with changes adopted in the ICAO Technical Instructions regarding the air transport of permeation devices that are otherwise excepted from the HMR.

Section 173.176

Electric double layer capacitors are devices that store but do not produce electrical energy. They contribute to increased fuel efficiency in many alternative energy solutions such as hybrid vehicles. Some double layer capacitors contain flammable liquid absorbed in a solid with small amounts present as free liquid while others use a liquid electrolyte. Currently, the HMR do not contain specific requirements to address the transport of electric double layer capacitors.

New Section 173.176 addresses electric double layer capacitors and is proposed in this NPRM. If adopted, the section would prescribe the testing, marking, safety, and packaging requirements for electric double layer capacitors with an energy storage capacity greater than 0.3 Wh. PHMSA proposes to incorporate these requirements consistent with the 17th Revised Edition of the UN Model Regulations. The proposed amendments in this NPRM address potential electrical and other hazards arising from the release of hazardous materials during the transportation of these articles.

Section 173.181

Section 173.181 prescribes the non-bulk packaging requirements applicable to pyrophoric liquids. Paragraph (b) of this section specifies the specification boxes authorized to package these substances. In this NPRM, PHMSA proposes to revise paragraph (b) by adding packaging authorizations for steel boxes (4A), aluminum boxes (4B), metal boxes, other than steel or aluminum (4N), or fiberboard boxes (4G); steel drums (1A1 or 1A2), aluminum drums (1B1 or 1B2), metal drums, other than steel or aluminum (1N1

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