# Hazardous Materials: Harmonization with International Standards (RRR) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2012-18431 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** August 15, 2012 - **Citation:** 77 FR 49168 ## Text 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. 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. ) 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 or Cartridges, small arms,” “UN0014 Cartridges for weapons, blank or Cartridges, small arms, blank or 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 3 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 3 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. or 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. 1 1 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 or 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 or Diesel fuel or 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. or Petroleum products, n.o.s UN1268 Fuel, aviation, turbine engine UN1863 Ethanol and gasoline mixture or Ethanol and motor spirit mixture or 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 or Engines, fuel cell, flammable gas powered”; “UN3166, Engines, internal combustion or 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 or Air bag modules or Seat-belt pretensioners”; and “UN3268, Air bag inflators or Air bag modules or 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 or Hydrogen in a metal hydride storage system contained in equipment or 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 05 1.4F 05 1.1B 05 1.1G 03 1.2B 05 1.2G 03 1.4B 05 1.3G 03 1.1C 04 1.4G 02 1.2C 04 1.2H 05 1.3C 04 1.3H 05 1.4C 02 1.1J 05 1.1D 04 1.2J 05 1.2D 04 1.3J 05 1.4D 02 1.2K 05 1.5D 03 1.3K 05 1.1E 04 1.1L 05 1.2E 04 1.2L 05 1.4E 03 1.3L 05 1.1F 05 1.6N 03 1.2F 05 1.4S 01 1.3F 05 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 or Cartridges, small arms, blank or Cartridges for tools, blank UN0014 Igniters UN0454 Cartridges for weapons, inert projectile or 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, or Air bag modules, or 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 or Cartridges, small arms, blank UN0338 Projectiles, with bursting charge UN0344 Cartridges for weapons, inert projectile or 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 or 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 or 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 or Agent blasting, Type B UN0331 Signals, railway track, explosive UN0492 Explosive, blasting, type E or 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. or 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, or 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 or 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 or 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 or Gunpowder, compressed or Black powder, in pellets or Gunpowder, in pellets UN0028 Nitroguanidine or 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 or NTO UN0490 Bombs, with bursting charge UN0034 Octolite or 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 or Pentaerythritol tetranitrate or PETN, with not less than 7 percent wax by mass UN0411 Boosters, without detonator UN0283 Pentaerythrite tetranitrate, wetted or Pentaerythritol tetranitrate, wetted, or PETN, wetted with not less than 25 percent water, by mass, or Pentaerythrite tetranitrate, or Pentaerythritol tetranitrate or 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 or Powder paste, wetted with not less than 17 percent alcohol by mass UN0433 Cartridges for weapons, blank UN0413 Powder cake, wetted or Powder paste, wetted with not less than 25 percent water, by mass UN0159 Cartridges for weapons, blank or Cartridges, small arms, blank UN0327 Powder, smokeless UN0160 Cartridges for weapons, inert projectile UN0328 Powder, smokeless UN0161 Cartridges for weapons, inert projectile or 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 or Fuse detonating metal clad UN0102 Tetranitroaniline UN0207 Cord, detonating or Fuse, detonating metal clad UN0290 Torpedoes with bursting charge UN0329 Cord, detonating, flexible UN0065 Torpedoes with bursting charge UN0451 Cyclotetramethylenetetranitramine, desensitized or Octogen, desensitized or HMX, desensitized UN0484 Trinitroaniline or Picramide UN0153 Cyclotetramethylenetetranitramine, wetted or HMX, wetted or Octogen, wetted with not less than 15 percent water, by mass UN0226 Trinitroanisole UN0213 Cyclotrimethylenetrinitramine, desensitized or Cyclonite, desensitized or Hexogen, desensitized or RDX, desensitized UN0483 Trinitrobenzene, dry or wetted with less than 30 percent water, by mass UN0214 Cyclotrimethylenetrinitramine, wetted or Cyclonite, wetted or Hexogen, wetted or 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 or Picryl chloride UN0155 Dinitroglycoluril or 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 or 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 or Tetryl UN0208 Explosive, blasting, type A UN0081 Trinitroresorcinol or 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 or 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 or TNT and trinitrobenzene mixtures or TNT and hexanitrostilbene mixtures or Trinitrotoluene and hexanitrostilnene mixtures UN0388 Explosive, blasting, type D UN0084 Trinitrotoluene mixtures containing Trinitrobenzene and Hexanitrostilbene or TNT mixtures containing trinitrobenzene and hexanitrostilbene UN0389 Explosive, blasting, type E UN0241 Trinitrotoluene or 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 or Dipicrylamine or 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 or Ammonium nitrate suspension or 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. or 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. or 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 or Musk xylene UN2956 Lithium hypochlorite, dry or Lithium hypochlorite mixture UN1471 Calcium hypochlorite, dry, corrosive or Calcium hypochlorite mixtures, dry, corrosive with more than 39% available chlorine (8.8% available oxygen) UN3485 Methacrylonitrile, stabilized UN3079 Calcium hypochlorite, dry or Calcium hypochlorite mixtures dry with more than 39 percent available chlorine (8.8 percent available oxygen) UN1748 Phosphorous acid UN2834 Calcium hypochlorite, hydrated, corrosive or Calcium hypochlorite, hydrated mixture, corrosive with not less than 5.5% but not more than 16% water UN3487 Propylene chlorohydrins UN2611 Calcium hypochlorite, hydrated or 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. or 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 or Fuel cell cartridges contained in equipment or Fuel cell cartridges packed with equipment, containing flammable liquids”; UN3476 “Fuel cell cartridges or Fuel cell cartridges contained in equipment or Fuel cell cartridges packed with equipment, containing water-reactive substances”; UN3477 “Fuel cell cartridges or Fuel cell cartridges contained in equipment or Fuel cell cartridges packed with equipment, containing corrosive substances”; UN3478 “Fuel cell cartridges or Fuel cell cartridges contained in equipment or Fuel cell cartridges packed with equipment, containing liquefied flammable gas”; and UN3479 “Fuel cell cartridges or Fuel cell cartridges contained in equipment or 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 or Diesel fuel or 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. or Petroleum products, n.o.s.; UN1863, Fuel, aviation, turbine engine; and UN3475, Ethanol and gasoline mixture or Ethanol and motor spirit mixture or 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 Prov [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2012-18431. Public record. Not legal advice.