# Hazardous Materials: Harmonization with International Standards (RRR) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2012-31243 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** January 7, 2013 - **Citation:** 78 FR 988 ## Text DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 177, 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: Final rule. SUMMARY: PHMSA is amending 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 (HMR) with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations) and address a petition for rulemaking. DATES: Effective Date: January 1, 2013. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning January 1, 2013. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2014. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2013. FOR FURTHER INFORMATION CONTACT: Vincent Babich or Shane Kelley, 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. Comment Discussion IV. Section-by-Section Review V. 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 In this final rule, PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to incorporate changes adopted in the IMDG Code, the ICAO Technical Instructions, and the UN Model Regulations, effective January 1, 2013. These changes ensure the domestic hazard classification, hazard communication and packaging requirements are consistent with those employed throughout the world. 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. Safety is often enhanced by creating a uniform framework for compliance. 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. The foreign trade of chemicals is a large segment of the United States economy. In 2000, U.S. foreign trade in chemicals totaled $154 billion and generated a $6 billion positive trade balance. The consistency of regulations reduces regulatory compliance costs and helps to avoid costly frustrations of international shipments. PHMSA's continued leadership in maintaining consistency with international regulations enhances the hazardous materials safety program and assists in maintaining a favorable trade balance. II. Background PHMSA published a notice of proposed rulemaking (NPRM) under Docket HM-215L (77 FR 49167, August 15, 2012) to incorporate various amendments to harmonize the HMR with recent changes to the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. 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 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 final rule, PHMSA is amending 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). Notable amendments to the HMR in this final rule include the following: • Update references to international regulations including the ICAO Technical Instructions, the International Convention for the Safety of Life at Sea, the IMDG Code, the UN Model Regulations, the UN Manual of Tests and Criteria the Canadian Transportation of Dangerous Goods Regulations and various technical standards. • 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 from the Hazardous Materials Table (HMT). • Adopt new HMT entries for chemical under pressure and specify acceptable bulk and non-bulk packagings, filling limits and appropriate segregation requirements. • Adopt an exception for the transport of aircraft batteries aboard passenger aircraft in excess of the quantity limits specified in column 9A of the HMT. • Revise the vessel stowage provisions in column 10 of the § 172.101 Hazardous Materials Table (HMT). • Adopt minimum size requirements for the “UN” or “NA” markings specified in § 172.301. • Adopt changes throughout Part 173 (packaging requirements) to: (1) authorize the use of wood as a material of package construction for certain explosives; (2) authorize the use of metals other than steel or aluminum for drums and boxes; and (3) where appropriate, permit the use of non-removable head drums in those instances where removable head drums are otherwise authorized. • Adopt a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs). III. Comment Discussion In response to PHMSA's August 15, 2012 NPRM (77 FR 49167), PHMSA received comments from the following organizations and individuals: • 3M Company (3M) • Airline Pilots Association, International (ALPA) • Caterpillar Inc. (Caterpillar) • Chemically Speaking LLC (Chemically Speaking) • Council on Safe Transport of Hazardous Articles (COSTHA) • Dangerous Goods Advisory Council (DGAC) • Dow Chemical Company (Dow) • Fuel Cell & Hydrogen Energy Association (FCHEA) • Healthcare Waste Institute (HWI) • Horizon Lines (Horizon) • International Vessel Operators Dangerous Goods Association (IVODGA) • Jamie Lee Guzman • Mercotac Inc. • Nora • Nucon International Inc. (Nucon) • PRBA-The Rechargeable Battery Association (PRBA) • Saft America (Saft) • Sporting Arms and Ammunition Manufacturing Institute (SAAMI) • Stericycle, Inc. (Stericycle) • United Airlines (United) • United Parcel Service (UPS) • VaporLok Products, LLC (Vaporlok) • Veolia ES Technical Solutions, L.L.C. (Veolia) Below is a listing of major amendments to the international transportation regulations that we proposed for adoption into the HMR, a brief synopsis of the comments we received regarding those proposals and PHMSA's position regarding the comments. Additional comments are addressed in the section-by-section analysis section. Incorporation by Reference In the NPRM, PHMSA proposed 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, the 17th Revised Edition of the UN Model Regulations, and the Canadian Transportation of Dangerous Goods Regulations to include Amendments 8, 9, and 10. Finally, PHMSA proposed the incorporation by reference of new and updated standards published by the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC). PHMSA received general support from the commenters on the principle of harmonizing the U.S. regulations with international transport and technical standards. We did not receive any comments that opposed our proposals to incorporate these standards and will adopt them in this final rule. Chemical Under Pressure In the NPRM, PHMSA proposed to amend 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. PHMSA received one comment on this proposal from 3M in support of the proposals to add entries for chemical under pressure. 3M requested we authorize the use of non-refillable cylinders larger than 1.25 liters containing flammable gas consistent with the UN Model Regulations. PHMSA's intent regarding the chemical under pressure entry was to comprehensively align the requirements of this entry with international standards. In this final rule we are revising the packaging requirements for chemical under pressure to authorize the use of non-refillable cylinders larger than 1.25 liters for chemical under pressure. Aircraft Batteries In the NPRM, PHMSA proposed to revise the HMR to permit the transport of wet cell aircraft batteries and lithium ion aircraft batteries aboard passenger aircraft in excess of the quantity limited specified in column 9A of the HMR. PHMSA received comments from Saft and PRBA in support of these proposed amendments because these changes would further harmonize the HMR with the ICAO Technical Instructions. Both Saft and PRBA cite a requirement in the “FAA Modernization and Reform Act of 2012” (§ 828, Pub. L 112-95; 126 Stat. 133 (Feb 14, 2012)) (FAA Modernization and Reform Act of 2012) that states the Secretary of Transportation, including a designee of the Secretary, may not issue or enforce any regulation or other requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries, whether transported separately or packed with or contained in equipment, if the requirement is more stringent than the requirements of the ICAO Technical Instructions, and state that the NPRM proposal would be more restrictive than requirements in the ICAO Technical Instructions. The commenters noted that as proposed in the NPRM, the exception would only apply when an air carrier was transporting its own replacement items, whereas the 2013-2014 ICAO Technical Instructions does not impose this restriction. In this final rule PHMSA has revised this exception to ensure full alignment with the ICAO Technical Instructions and FAA Modernization and Reform Act of 2012 statutory requirements. Vessel Stowage Requirements In the NPRM, we proposed to revise the vessel stowage location requirements for explosives and reduce the number of explosive stowage categories from 15 to 5 in column (10A) of the HMT. IVODGA and SAAMI supported the proposed assignment of vessel stowage requirements for certain small arms cartridges consistent with the IMDG Code. Size Requirements for “UN” or “NA” Markings The HMR details the general marking requirements for non-bulk packages in § 172.301 including the proper shipping name, the “UN” or “NA” number technical names as applicable and the consignee or consignor's name and address. In the NPRM, we proposed to adopt minimum size requirements for the “UN” or “NA” markings and provide a one year transition period. This action was consistent with recent changes adopted in the UN Model Regulations, the IMDG Code and the ICAO Technical Instructions. PHMSA received comments from the DGAC, Dow, HWI, Stericycle, and Veolia. DGAC and Dow requested an effective date of no earlier than January 1, 2017 for this requirement to allow for the depletion of finished products and labels and preprinted packaging stock. Veolia suggested the character size limit should only apply to international hazardous materials shipments. HWI and Stericycle note that the proposed change would impose an unnecessary economic burden since they employ reusable packaging permanently marked with the UN number or pre-printed shipping labels that may not meet proposed minimum size marking. In response to these comments, we will delay the effective date of this requirement until January 1, 2017 and permit packages permanently marked prior to this date to remain in use until the end of their useful life. This will minimize the economic impact of this requirement and provide a suitable period to permit the depletion of preprinted packages. Flexible Bulk Containers In the NPRM, PHMSA proposed to adopt a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs). The proposed FBC requirements are modeled after the FBC requirements adopted into the 17th revised edition of the UN model Regulations. IVODGA and DGAC support the introduction of FBCs and since we received no adverse comments to these proposals, we will adopt these requirements as proposed. Amendments Proposed in the NPRM But Not Adopted in the Final Rule In this section, PHMSA discusses changes not adopted in the final rule as a result of comments in response to the August 15, 2012 Notice of Proposed Rulemaking (NPRM). Used Medical Devices The UN Model Regulations have been amended to exempt medical devices or equipment potentially contaminated with or containing infectious substances which are drained of free liquids from all other requirements of the UN Model Regulations. In the August 15, 2012 NPRM, PHMSA proposed to amend § 173.134, “Class 6, Division 6.2-Definitions and Exceptions” to adopt additional exemptions for medical devices and equipment. PHMSA received one comment from COSTHA opposing our adoption of these changes to the HMR. COSTHA noted that the ICAO Dangerous Goods Panel (DGP) has reviewed and has chosen not to adopt the provisions for transportation by aircraft. COSTHA also noted that changes to the HMR before ICAO has adopted the change would lead to confusion and disharmony. COSTHA further noted that papers will be presented to both the UN and ICAO in an attempt to alter the current exceptions for used medical devices. The HMR has long standing provisions for the transport of potentially contaminated medical devices, some tied to provisions in 29 CFR, concerning the domestic shipment of such goods. Pending further UN changes and consultation with the Centers for Disease Control, PHMSA will not adopt the proposed changes to § 173.134 in this final rule. Fuel in Machinery 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 led 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. In the August 15, 2012 NPRM, PHMSA proposed the addition of SP 363 for transportation by vessel to various Class 3 fuels modeled on the corresponding special provision adopted in the UN Model Regulations. PHMSA received three comments (Caterpillar, DGAC, & IVODGA) concerning our proposed adoption of special provision 363. Both DGAC and Caterpillar were opposed to PHMSA's adoption of special provision 363. Caterpillar stated that PHMSA's proposed addition of special provision 363 was not based on sufficient data demonstrating the revision would improve transport safety. Caterpillar also stated that the change would introduce conflicting requirements and regulatory uncertainty and would be excessively burdensome. DGAC stated that the adoption of special provision 363 would introduce conflicting requirements and regulatory uncertainty, and highlighted a proposal they will present to the UN to clarify special provision 363. Caterpillar noted that the proposal in the August 15, 2012 NPRM does not demonstrate through data obtained via scientific methodology any connection between the proposed revision and enhanced reductions in risks to people and the environment for all affected shipments. Caterpillar and DGAC noted that the adoption of the changes proposed in the NPRM creates conflicting requirements under the HMR for shipments of generators and machinery. Caterpillar also commented that proposed special provision 363 is excessively burdensome and would result in millions of dollars of expenditures for unnecessary transport related costs that would ultimately raise the consumer price of affected shipments. IVODGA supported the adoption of special provision 363, stating concern that many fuel storage components within such machinery may not meet UN Performance Oriented Packaging or bulk tank specifications. IVODGA recommended PHMSA adopt special provision 363 as proposed to help prevent frustrated shipments at ports of discharge and loading in the United States. PHMSA will not adopt special provision 363 in this final rule. This decision not to adopt special provision 363 is based on several factors. The first was a lack of concrete safety or incident data that indicated a need for increased regulation of domestic shipments of machinery and equipment containing fuel in amounts over the authorized limited quantity amount for that particular fuel. Also PHMSA believes that to adopt this special provision would require a review of existing requirements for UN3166, and possibly UN3366 that has yet to take place. PHMSA would like to note that even though we are not adopting special provision 363, shippers offering hazardous materials in accordance with Subpart C of Part 171 may utilize the IMDG Code, including special provision 363, if all or part of the movement is by vessel. PHMSA would also like to note that a shipper utilizing the IMDG Code to offer cargo to a vessel for transport must still comply with special provision 363 under the IMDG Code. PHMSA will likely revisit the need to incorporate special provision 363 after a determination is made at the UN on pending papers concerning the implementation of this special provision. 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. Accordingly, PHMSA did not propose adopting this provision in the August 15, 2012, NPRM. During the comment period, PHMSA was alerted that Chemically Speaking has filed a petition (P-1596) that requests PHMSA amend the HMR to add Class 4 and Class 5 hazardous materials to the hazard classes authorized in salvage cylinders. While this petition has merit, we did not receive it in time to address in this rulemaking. We will consider this petition in a future rulemaking. Additional Clarification on the Requirements for Lithium Batteries On August 15, 2012, PHMSA published an NPRM associated with this rulemaking (RIN 2137-AE87, 77 FR 49168). In the NPRM, no specific amendments were proposed regarding the requirements for the air transportation and handling of lithium batteries. However, in that NPRM, PHMSA did propose the incorporation by reference of the 2013-2014 Edition of the ICAO Technical Instructions which covers the air transportation of lithium batteries. This final rule adopts that provision and will incorporate the 2013-2014 Edition of the ICAO Technical Instructions by reference. Upon adoption of this provision, for purposes of the HMR a shipment of lithium batteries would be permitted to be transported by air in accordance with the 2013-2014 Edition of the ICAO Technical Instructions (with the exception of primary lithium batteries and cells aboard passenger carrying aircraft and unapproved prototype lithium batteries and cells aboard passenger carrying aircraft) or the applicable requirements currently specified in the HMR (see §§ 171.24(d)(1)(ii), and 171.24(d)(1)(iii)). Incorporation by reference of the 2013-2014 Edition of the ICAO Technical Instructions will allow shippers and carriers to choose which method of compliance is appropriate to the specific shipment. This Final Rule (RIN 2137-AE87; PHMSA-2012-0027) does not have any bearing on regulatory decisions associated with Docket HM-224F, (RIN 2137-AE44; PHMSA-2009-0095). PHMSA is requesting additional comment on various issues related to the air transportation and handling of lithium batteries in a separate Notice, under the Docket for that rulemaking (RIN AE44; PHMSA-2009-0095). IV. Section-By-Section Review The following is a section-by-section review of the amendments adopted in this final rule: Part 171 Section 171.7 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 are 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 Electrotechnical Commission (IEC) Fuel cell technologies—Part 6-1: Micro fuel cell power systems—Safety, IEC/PAS 62282-6-1:2006(E), First Edition 2006-02, with Corrigendum 1, First Edition 2007-04 is removed and replaced with Fuel cell technologies—Part 6-100: Micro fuel cell power systems—Safety, IEC 62282-6-100:2010, Edition 1.0, March 2010 and Amendment 1 to IEC 62282-6-100, October 12, 2012. FCHEA requested we incorporate the recently approved Amendment 1 to the International Electrotechnical Commission standard for micro-fuel cell cartridges as well as a request for a slight alteration in the way we reference the document. In this final rule we will incorporate by reference amendment 1 to the IEC international standard and change the wording used to reference the document. 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 an 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 to the entry “ISO 4126-1:2004(E): Safety devices for protection against excessive pressure—Part 1: Safety valves, Second edition 2004-02-15.” 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 to the entry “ISO 11117:2008(E): Gas cylinders—Valve protection caps and valve guards—Design, construction and tests, Second edition, 2008-09-01.” The entry “ISO 11117:2008/Cor.1:2009(E): Gas cylinders—Valve protection caps and valve guards—Design, construction and tests, Technical Corrigendum 1, 2009-05-01” is added. The entries “ISO 4126-7:2004(E): Safety devices for protection against excessive pressure—Part 7: Common data, First Edition 2004-02-15,” “ISO 4126-7:2004/Cor.1:2006(E): Safety devices for protection against excessive pressure—Part 7: Common data, Technical Corrigendum 1, 2006-11-01,” and “ISO 13340:2001(E) Transportable gas cylinders—Cylinder valves for non-refillable cylinders—Specification and prototype testing, First edition, 2004-04-01” 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). One commenter (DGAC) requested that we do not require compliance with the lithium battery testing requirements contained in Amendment 1 for lithium cells and batteries manufactured before January 1, 2014. Since PHMSA has specified a delayed compliance date of January 1, 2014 for this final rule, compliance with Amendment 1 will only be required for lithium cells and batteries manufactured on or after January 1, 2014. In addition to the revisions and additions above, PHMSA is restructuring § 171.7 to comply with National Archives and Records Administration requirements for centralized IBR section formatting. This change is not intended to remove or change any IBR materials previously incorporated by reference, with the exception of those references mentioned above. Section 171.8 This section defines terms generally used throughout the HMR that have broad or multi-modal applicability. PHMSA is adding the following defined terms: Aircraft battery: This term means a battery designed in accordance with a recognized aircraft battery design standard (e.g. FAA technical standard order) that is capable of meeting all aircraft airworthiness requirements and operating regulations. Currently the HMR does not define aircraft battery. The recent amendment of special provision A51 in the ICAO TI require PHMSA to define this term to ensure appropriate application of this special provision. 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 final rule, PHMSA is adopting various transportation and manufacturing requirements for FBCs. Prior to adoption of such standards, the term “Flexible Bulk Container” must be defined. Therefore we are adopting 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 final rule, PHMSA is revising 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. PHMSA is revising § 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 classes 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 § 172.101explains 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. We are modifying 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 final rule, PHMSA is removing 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 final rule, PHMSA is amending the HMT. Readers should review all changes for a complete understanding of the amendments. For purposes of the Government Printing Office's typesetting procedures, 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.” Amendments to the HMT include the following: New HMT Entries. UN3497 Krill meal This new HMT entry is created because krill meal has a chemical composition that is significantly different from that of fish meal. It contains a natural stabilizing substance (ethoxyquin) and the fat content of krill meal is higher than that of fish meal. The UN numbers established for fish meal are restricted to maximum fat contents, which makes these UN numbers not applicable to 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 covers 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 is revising the current exception authorized in § 173.164(e) for shipments containing less than 0.454 kg (1.00 pound) to include transportation by vessel. UN1950 Aerosols, corrosive, Packing Group II or III (each not exceeding 1 L capacity). This new entry was inadvertently removed from the HMT due to an incorrect amendatory instruction in a September 13, 2011 final rule (76 FR 56304; HM-244D). The entry is being placed back into the HMT. Removed HMT Entries UN3492 Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m3 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/m3 and saturated vapor concentration greater than or equal to 10 LC50 These entries are removed from the HMT due to their similarity to UN3488 and UN3489 respectively. 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 is removing 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 final rule, PHMSA is adding 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 final rule, 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 is removing 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 final rule, PHMSA is revising 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. Revised proper shipping names: UN No. Proper shipping name 3276 Nitriles, liquid, toxic, n.o.s. 3278 Organophosphorus compound, liquid, toxic, n.o.s. 3282 Oranometallic 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. A new proper shipping name “Cartridges for tools, blank” is 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 the NPRM, PHMSA proposed to remove the “ORM-D” entry for “Cartridges, power device ( used to project fastening devices )” because the proper shipping name for such articles is now “Cartridges for tools, blank” under identification number UN0014. Subsequent changes were proposed 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. PHMSA received one comment from SAAMI noting that the proposed domestic only entry for Cartridges for tools, blank ( used to project fastening devices ) was unnecessary and should be deleted. SAAMI also asked for the retention of the ORM-D entry for Cartridges, power device until the end of the transition period for its use. SAAMI raised concerns over packaging manufactured and marked to meet current HMR requirements. SAAMI stated that existing packaging inventory will be depleted during 2013, but industry will not be ready to stop using the old markings for ORM-D “Cartridges, power device” on January 1, 2013, and that HM-215K provided a deadline of December 31, 2013 to accomplish this transition. PHMSA agrees and is retaining the entry Cartridges power device ( used to project fastening devices ) and will not be adopting a domestic only entry for Cartridges for tools, blank. 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 revised proper shipping name for UN1305 is “Vinyltrichlorosilane.” The 17th Revised Edition of the UN Model Regulations amended the qualifying text (text in italics) for UN Nos. 3381-3390 and UN Nos. 3488-3491. The 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.” This terminology change better identifies the criteria used to determine the proper classification of these substances. 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 addition of a separate identification number (UN3506) for the description “Mercury contained in manufactured articles,” PHMSA is removing 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 (UNCOE) 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 A191 provides relief from the labeling and documentation requirements of this new subsidiary risk. In addition to the changes above, data was also presented to the UNCOE that indicated the need for a subsidiary risk of Division 6.1 (toxic) to be assigned to UN2381 Dimethyl disulfide. PHMSA is making 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 additions, revisions, and deletions to the special provisions addressed in this final rule. Several HMT entries are revised to include 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 special provision B120. In this final rule, special provision B120 is 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 New special provision 222 is added to the ORM-D entries for Cartridges, small arms, and Cartridges power device ( used to project fastening devices ). See Section 172.102 Special provisions for a detailed discussion of the addition of special provision 222. The entry for UN1008 Boron trifluoride is assigned new special provision 238. See Section 172.102 Special provisions for a detailed discussion of the addition of special provision 238. Special provision A51 is added to authorize the transport of aircraft batteries consistent with the provisions of the 2013-2014 ICAO Technical Instructions. The portable tank code assigned to “UN 1203, Gasoline” was inadvertently changed from T4 to T8 in a rulemaking under Docket Number PHMSA-2009-0151 (HM-218F) [76 FR 43510]. As this was an inadvertent, but consequential change, PHMSA is amending the entry for Gasoline to indicate T4 as the appropriate portable tank code. With the addition of a Division 6.1 (toxic) subsidiary risk to “UN2381, Dimethyl disulfide,” the portable tank codes and portable tank provisions are 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 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 are revisions with deletions indicated by a strikethrough and additions or replacements shown in bold font. ER07JA13.000 See Section 172.102 Special provisions for a detailed discussion of the 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 the revision of special provisions A100 and A103. Special provision A191 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 5 kg (11 pounds) 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 by passengers or crewmembers, on their person or in their 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 is adopting 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 the addition of special provision W10. Amendments to the Column (8a) Packaging Exceptions Column 8A contains exceptions from some of the requirements of this subchapter. The referenced exceptions are in addition to those specified in subpart A of part 173 and elsewhere in this subchapter. A “None” in this column means no packaging exceptions are authorized, except as may be provided by special provisions in Column 7. PHMSA received one comment from SAAMI noting that PHMSA, unlike the UN Model Regulations, IMDG Code and the European Road and Rail Regulations (ADR), did not propose a limited quantity exception for UN 0055 “Cases, cartridge, empty with primer” as a limited quantity. This was an inadvertent omission and PHMSA is adding 63 to column 8a of the HMT for the UN 0055 entry. 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 is removing 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 revising 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. 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 added 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. One commenter (SAAMI) noted that limited quantity shipments are assigned the least restrictive stowage category and are excepted from additional stowage provisions in 3.4.3 of the IMDG Code and requested that PHMSA do the same. PHMSA agrees and is amending § 172.101(k) to ensure that shipments offered as limited quantities are allocated to stowage category A, and to note that such shipments are excepted from the other stowage provisions indicated by codes in column 10B of the HMT for the material being offered for transport as a limited quantity. PHMSA is simplifying 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). 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 and has removed the majority of Class 1 stowage location codes and revised the remaining codes. The codes for each Class 1 entry are grouped by stowage code (01, 02, 03, 04, or 05) as follows: 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 1.1A 05 1.1B 05 1.2B 05 1.4B 05 1.1C 04 1.2C 04 1.3C 04 1.4C 02 1.1D 04 1.2D 04 1.4D 02 1.5D 03 1.1E 04 1.2E 04 1.4E 03 1.1F 05 1.2F 05 1.3F 05 1.4F 05 1.1G 03 1.2G 03 1.3G 03 1.4G 02 1.2H 05 1.3H 05 1.1J 05 1.2J 05 1.3J 05 1.2K 05 1.3K 05 1.1L 05 1.2L 05 1.3L 05 1.6N 03 1.4S 01 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 final rule for definition) PHMSA is deleting vessel stowage codes 50 and 48 and replacing all references to these codes with stowage code 25. See Section 176.84 for a detailed discussion of our 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. If the commodity is currently assigned both stowage code 48 and 25 in Column (10B) in the HMT stowage code 48 will be deleted and stowage code 25 will remain. Proper shipping name UN No. Proper shipping name UN No. Aerosols, poison, Packing Group III (each not exceeding 1 L capacity) Calcium hypochlorite mixture, dry, corrosive with more than 10% but not more than 39% available chlorine UN3486 Aerosols, poison, Packing Group III (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, (each not exceeding 1 L capacity) UN1950 Copra UN1363 Aerosols, flammable, n.o.s. (engine starting fluid) (each not exceeding 1 L capacity) UN1950 Dichlorophenyl isocyanates UN2250 Aerosols, non-flammable, (each not exceeding 1 L capacity) UN1950 Dicyclohexylammonium nitrite UN2687 Aerosols, poison, (each not exceeding 1 L capacity) UN1950 Gallium UN2803 Ammonium nitrate based fertilizer UN2067 Hypochlorites, inorganic, n.o.s UN3212 Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for blasting explosives UN3375 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 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, 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 Batteries, nickel-metal hydride see Batteries, dry, sealed, n.o.s. for nickel-metal hydride batteries transported by modes other than vessel UN3496 Isocyanatobenzotrifluorides UN2285 Benzyldimethylamine UN2619 Lithium hypochlorite, dry or Lithium hypochlorite mixture UN1471 5-tert-Butyl-2,4,6-trinitro-m-xylene or Musk xylene UN2956 Methacrylonitrile, stabilized UN3079 Calcium hypochlorite, dry, corrosive or Calcium hypochlorite mixtures, dry, corrosive with more than 39% available chlorine (8.8% available oxygen) UN3485 Phosphorous acid UN2834 Calcium hypochlorite, dry or Calcium hypochlorite mixtures dry with more than 39 percent available chlorine (8.8 percent available oxygen) UN1748 Propylene chlorohydrins UN2611 Calcium hypochlorite, hydrated, corrosive or Calcium hypochlorite, hydrated mixture, corrosive with not less than 5.5% but not more than 16% water UN3487 Sodium carbonate peroxyhydrate UN3378 Calcium hypochlorite, hydrated or Calcium hypochlorite, hydrated mixtures, with not less than 5.5 percent but not more than 16 percent water UN2880 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 are also assigning 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 definition of “protected from sources of heat” in § 176.2. See Section 176.84 for a detailed discussion of our revision to stowage code 25 and § 176.2 for the definition of “protected from sources of heat.” Stowage code 50 is currently not assigned to any HMT entries and is being deleted. PHMSA is revising stowage code 128 to account for a citation change in the IMDG Code. The 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 is deleting stowage codes 7E, 8E, and 20E. The 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). 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 final rule, PHMSA is amending 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 revising § 172.102, Special provisions as follows: Special Provision 47 Special provision 47 provides classification exceptions for mixtures of solids and flammable liquids. In this final rule, PHMSA is revising 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 final rule, PHMSA is revising special provision 48 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 final rule, PHMSA is revising 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, PHMSA is reinstating 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, PHMSA is adopting this editorial note and revising special provision 118 by adding the language “(see UN0143 or UN0150 as appropriate)” following the existing text. Special Provision 134 Special provision 134 is revised to note that this provision also applies to equipment powered by wet batteries or sodium batteries that are transported with these batteries installed. 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. PHMSA is revising special provision 155 by adding a reference to the new proper shipping name “krill meal.” Krill meal possesses similar self-heating hazard characteristics to fish meal and scrap; therefore, application of this special provision is appropriate. This addition clarifies that special provision 155 applies to fish meal and fish scrap as well as krill meal. Special Provision 222 Special provision 222 is added to indicate that shipments of 1.4S materials reclassed as ORM-D are not eligible to be offered for transportation by aircraft. Special provision 222 is added to the ORM-D entries for Cartridges, small arms, Cartridges, power device (used to project fastening devices). 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. PHMSA is adding 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 the shipment of 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 a special permit. ICAO recently adopted a special provision specifically addressing neutron radiation detectors. The recently adopted special provision A190 permits, under certain conditions the transportation by cargo aircraft of neutron radiation detectors containing boron trifluoride. These conditions include quantity of gas limitations, and 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 A190 of the ICAO Technical Instructions do not exceed any limitations of the special permit and, therefore, PHMSA is adopting and applying 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 provides 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 will be 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 in the need to obtain a special permit. Special Provision 338 A new special provision 338 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 is 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 New special provision 360 is 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 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 states that capacitors with an energy storage capacity of 0.3 Wh or less are not subject the HMR. Furthermore this special provision defines energy storage capacity as the energy held by a capacitor, as calculated using the nominal voltage and capacitance. Section 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 also clarifies that the entry UN3499 does not apply to these capacitors. This special provision is applied to the new HMT entry UN3499, “Capacitor, electric double layer (with an energy storage capacity greater than 0.3 Wh). ” Veolia expressed concern that while manufacturers will have control over the charge state of a capacitor when it is offered for transportation, when these same capacitors are being offered for transportation for recycling or disposal, the recycling or disposal facility may not be aware of or have control over their charge state. Veoila further asserted that this special provision only applies to electric double layer capacitors with an energy storage capacity of greater than 0.3 Wh, and there are other types of capacitors that have a potential to store a significant amount of energy that may pose a risk during transportation. The 0.3 Wh threshold for electric double layer capacitors is the threshold determined by the UNSCOE below which a capacitor would not pose a significant risk in transportation. PHMSA is aware that there are additional emerging capacitor technologies that are under review by the UNSCOE for possible inclusion in the dangerous goods list. In this final rule PHMSA is only addressing the adoption of the special provision consistent with the amendment to the UN Model regulations. PHMSA has published an advance notice of proposed rulemaking (ANPRM) under Docket HM-253 (77 FR 39662, July 5, 2012) requesting public comment and input concerning the transportation of hazardous materials for recycling or disposal. Special Provision 362 New special provision 362 specifies when a material can be considered a chemical under pressure. Specifically, the special provision states 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 details the appropriate primary and subsidiary hazard classes to be assigned to chemical under pressure. Special provision 362 is 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 365 With the adoption of a new HMT entry “UN3506 Mercury contained in manufactured articles” in the 17th Revised Edition of the UN Model Regulations to address manufactured articles containing mercury, PHMSA is adding new special provision 365 stating that manufactured instruments and articles containing mercury should reference UN3506. This special provision is applied to UN2809 Mercury. Special Provision A51 PHMSA is adding a new special provision A51 to authorize the transport by passenger aircraft of wet cell aircraft batteries with a mass up to 100 kg net and lithium ion aircraft batteries in packages containing a single aircraft battery with a net mass not exceeding 35 kg. The August 15, 2012 NPRM proposed to authorize the transport of aircraft batteries into Part 175 that provides exceptions from certain regulations for air carrier operator equipment and items of replacement, as well as for items used to provide customer service aboard an aircraft. PRBA and Saft noted the NPRM proposed to authorize the transport of aircraft batteries in a way that is not fully consistent with the 2013-2014 ICAO Technical Instructions, which do not limit the use of this exception to a particular aircraft operator's aircraft batteries. PRBA notes that such an action would frustrate the intent of Congress when it passed the FAA Modernization and Reform Act of 2012. In this final rule we are incorporating this authorization into a special provision consistent with the 2013-2014 ICAO Technical Instructions. 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 final rule we are harmonizing 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. 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 change is to indicate that the quantity limits for secondary lithium battery shipments aboard passenger-carrying aircraft are to be based on the actual weight of the batteries in each individual package and not the weight of the completed package. Special Provision A103 Special Provision A103 specifies that lithium batteries contained in equipment is authorized aboard passenger carrying aircraft if the gross weight of the inner package of secondary lithium batteries or cells packed with the equipment does not exceed 5 kg (11 pounds). Special provision A103 is revised to clarify the weight limitations are net and not gross quantities. There are some combinations of authorized battery packagings that contribute significantly towards the gross weight of the finished package. The intent of this change is to indicate that the quantity limits for secondary lithium battery shipments aboard passenger carry aircraft are to be based on the actual weight of the batteries in each individual package and not the weight of the completed package. Special Provision A189 We are adding a new special provision, A189, which is assigned to the HMT entry “UN2209, Formaldehyde solutions, with not less than 25 percent formaldehyde” indicating how Formaldehyde solutions with more than 25% are to be classified. It was suggested at the ICAO DGP that the entry for “UN2209, Formaldehyde solution with not less than 25% formaldehyde” implied that concentrations of less than 25% formaldehyde were not regulated. To clarify these requirements, the ICAO adopted a new special provision detailing how differing percentage of formaldehyde solutions are regulated. We are adding language detailing how differing percentages of Formaldehyde solutions are to be regulated in the new special provision A189. This special provision is applied to UN3334, Aviation regulated liquid, n.o.s. and NA3082, Other regulated substances, liquid, n.o.s. Special Provision A191 In the NPRM, PHMSA proposed a new special provision, A192, noting that regardless of the Division 6.1 (toxic) subsidiary indicated in the HMT, the poison subsidiary hazard label and an indication of this subsidiary hazard on the shipping paper are not required for manufactured articles containing less than 0.45 kg (1 pound) of mercury. This provision aligns with the decision of the UN Sub-Committee to ensure that transport of such articles, particularly by air, is not impeded due to mercury's revised classification. PHMSA received one comment from UPS noting that this special provision was assigned A191 by ICAO and not A192 as assigned by PHMSA. UPS also noted that ICAO provided an exception from display of the subsidiary “Toxic” label and the identification of subsidiary risk for up to 5 kg (11 pounds) of mercury, PHMSA proposed an exception for no more than 0.454 kg (1 LB). UPS sees no reason for this lack of alignment, but foresees unnecessary challenges arising from such inconsistency. Therefore, UPS urges PHMSA to align directly with the 5 kg limit in the ICAO text. PHMSA is assigning special provision A191 to this entry for continuity with the international regulations. PHMSA agrees with UPS regarding the amount of mercury that may be present in manufactured articles to utilize the exception from communicating the subsidiary hazard, and is changing that amount to 5 kg (11 pounds). Special Provision A200 As previously discussed, new special provision, A200, is added stating the entries assigned this special provision must be transported as cargo when transported by aircraft and cannot be carried onboard an aircraft by passengers or crewmembers either in or as carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10, “Exceptions for Passengers, Crewmembers, and Air Operators.” This special provision is assigned to articles and will be applied to: 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 B120 Special provision B120 is added to specify the use of FBCs conforming to the requirements in Subpart R and Subpart S of part 178 of this subchapter are permitted. The special provision is applicable to the following entries: Proper shipping name UN No. Ammonium nitrate based fertilizer UN2067 Ammonium nitrate, with not more than 0.2% total combustible material, including any organic substance, calculated as carbon to the exclusion of any other added substance UN1942 Calcium nitrate UN1454 Environmentally hazardous substance, solid, n.o.s UN3077 Magnesium nitrate UN1474 Naphthalene, crude or Naphthalene, refined UN1334 Paraformaldehyde UN2213 Potassium nitrate UN1486 Sodium carbonate peroxyhydrate UN3378 Sodium nitrate UN1498 Sodium nitrate and potassium nitrate mixtures UN1499 Sodium perborate monohydrate UN3377 Sulfur (domestic and international entries) UN1350 FBCs must conform to the performance-oriented construction standards and testing criteria in new subparts R and S of part 178. In addition, shipments of FBCs must be prepared and otherwise conform to the general requirements for bulk packages in subpart B of part 173 and the new § 173.37. IBC Codes In a final rule published in the Federal Register on January 19, 2011 (76 FR 3308; HM-215K), the Table 1 (IBC Codes) in paragraph (c)(4) were editorially revised to remove UN Specifications 31A, 31B and 31N from IBC Codes IB4 through IB8. The revision was consistent with amendments to international standards that removed the specifications from the indicated codes in the table because IBC Codes IB4 through IB8 are assigned to solids, whereas, UN Specifications 31A, 31B, and 31N are authorized for transportation of liquids in IBC Codes IB1 through IB3 and are assigned to liquid materials only. In the January 19, 2011 final rule, PHMSA inadvertently failed to also remove the remaining liquid IBC specifications (31H1, 31H2, 31HZ1, and 31HZ2) from IB Codes IB4 through IB8. Therefore, PHMSA is editorially correcting the IBC Code Table in § 172.102(c)(4). Special Provision TP39 Special provision, TP39, is added and assigned to HMT entry “UN2381, Dimethyl disulfide.” This special provision indicates that portable tank instruction T4 may continue to be applied until December 31, 2018. This provides more time for portable tank transporters to transition their current fleets. Special Provision TP40 Special provision TP40 is added and assigned to HMT entries “UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under pressure, flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s., UN3503; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under pressure, flammable, corrosive, n.o.s.” The special provision indicates that the portable tanks must not be transported when connected with spray application equipment. This provides an additional measure preventing inadvertent release of hazardous materials in transport. Special Provision TP41 Special provision TP41 is added and assigned to HMT entries “UN3148, Water-reactive liquid, n.o.s.,” indicating that the portable tank instruction T9 may continue to be applied until December 31, 2018. Special Provision T50 Special provision T50 is revised to note that this provision is applicable to chemicals under pressure as well as liquefied compressed gases. Special provision T50 would be assigned to HMT entries “UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under pressure, flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s., UN3503; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under pressure, flammable, corrosive, n.o.s.” Special Provision W10 Special provision W10 is added and assigned to HMT entries “UN3486 Calcium hypochlorite mixture, dry, corrosive with more than 10% but not more than 39% available chlorine” and to “UN2208 Calcium hypochlorite mixtures, dry, with more than 10 percent but not more than 39 percent available chlorine” indicating that when offered for transportation by vessel, the use of large packagings is prohibited. This provision is adopted to align with a recent IMO change forbidding these commodities from being transported by vessel in large packages. PHMSA received two comments (DGAC & IVODGA) on our proposal to adopt new special provision W10. IVODGA supported placing W10 in column 7 of the HMT in order for the UN2208 & UN3486 entries to harmonize with the IMDG Code. DGAC recommended against placing W10 in column 7 of the HMT for the UN2208 & UN3486 entries. DGAC also requested that PHMSA elaborate as to why this change is needed on a safety basis. The IMO Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) at their 14th session; decided not to assign LP02 to UN3486 to be consistent with the assignment of packing authorizations for UN2208, a material exhibiting similar characteristics. To remain harmonized with the IMDG Code PHMSA will be adopting W10 as proposed in the August 15, 2012 NPRM. Section 172.202 Section 172.202 establishes requirements for shipping descriptions on shipping papers. As part of these shipping paper requirements, in many situations a net or gross quantity of the hazardous materials transported must be included. At the 23rd meeting of the ICAO DGP, the issue of notation of quantities on shipping documents was raised. Specifically, it was noted that some confusion exists as to whether or not the net quantity or a gross mass is required on the shipping documents on particular shipments, such as limited quantities. At this meeting an amendment to the ICAO Technical Instructions was adopted to clarify what quantities (i.e. net or gross quantity) were required on the transport document for packages containing limited quantities when different hazardous materials are packed together in the same outer packaging. PHMSA is adopting a similar provision to the one addressed by the ICAO DGP discussed above. Specifically, PHMSA is adding a new paragraph (a)(6)(vii) stating that for shipments containing hazardous materials in limited quantities with a “30 kg gross” limit in Column (9A) or (9B) of the § 172.101 Hazardous Materials Table and different hazardous materials packed together in the same outer packaging, the net quantity of each hazardous material followed by the gross mass of the completed package must be shown on the shipping paper. This clarification addresses a transport scenario currently not addressed in the HMR thus alleviating confusion regarding the shipping paper requirements of such shipments. Furthermore, this harmonizes the HMR with the ICAO Technical Instructions and avoids shipping paper discrepancies for international shipments. Section 172.203 This section details additional description requirements that are required for certain shipments of hazardous materials. PHMSA is amending paragraph (i)(3) to cross reference the IBR § 171.7. Section 172.301 This section details the general marking requirements for non-bulk packagings. Specifically, this section states what information (proper shipping name and identification number, technical names, consignee's or consignor's name, etc.) must be displayed on the outside of non-bulk packages. While the HMR requires that an identification number, preceded by “UN” or “NA” as appropriate, be marked on the outside of a non-bulk packaging a specific size of this marking is not specified. In this final rule, PHMSA is adding specific size requirements for the “UN” or “NA” markings. These markings must be marked in characters at least 12 mm (0.47 inches) high, however, packages with a maximum capacity of 30 liters (7.92 gallons) ,30 kg (66 pounds), or cylinders with a maximum water capacity of 60 liters (16 gallons) must be marked with characters at least 6 mm (0.2 inches) high and packages having a maximum capacity 5 liters (1.32 gallons) or 5 kg (11 pounds) or less must be marked in a size appropriate for the size of the package. PHMSA is adopting this minimum size marking for the “UN” or “NA” markings to align with newly adopted requirements in the 17th Revised Edition of the UN Model Regulations. PHMSA recognizes the importance of establishing a minimum size requirement for the internationally recognized “UN” identification number marking system. 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. In response to the NPRM, PHMSA received several comments concerning this proposed requirement. DGAC and Dow suggested extending the compliance date for this provision to January 1, 2017 to allow companies time to make the transition, and for the depletion of both finished product and prepackaged inventory that do not meet the requirements of the proposal. Veolia noted that their company's propriety software produces markings that would not be in compliance with the proposed size limitations and that they would incur a cost to reprogram their system if the proposal is maintained. They further contended that in 20 years of displaying the marking they are unaware of any instances of the markings being questioned as being too small or illegible. Veolia requested that the minimum size requirement apply to international shipments only. Stericycle and the HWI requested an exception to this marking requirement for dedicated carriers of regulated medical waste. These commenters stated that the proposed change would impose a significant cost on the industry. They requested an exception for the continued use of existing containers used to transport regulated medical waste and permanently marked with the applicable “UN” number. PHMSA accepts that many packages are currently marked in a manner that may not in all cases meet the new minimum size standards. In response to the comments raised to the NPRM we will provide, for domestic transportation, a transition period to continue using non-bulk packagings displaying “UN” or “NA” number markings in accordance with the requirements in effect on October 1, 2011 (i.e., no minimum size), until January 1, 2017. PHMSA maintains that there is benefit to harmonization in this case, and having a single standard outweighs the cost incurred by a company to revise its software and systems to produce compliant markings. The transition period for the continued use of the current markings in domestic transportation provides an opportunity for companies to revise their marking systems and maintain compliance. PHMSA is sympathetic to the assertion that the containers used to transport regulated medical waste are often permanently stamped with the “UN” number and the containers often have very long useful lives. Therefore PHMSA is also including an exception that allows packages that are permanently marked with the UN number (e.g., by embossing or through a heat stamp process) and are manufactured prior to January 1, 2017 to continue in service for the life of the container. DGAC noted that while an inch conversion was provided in the preamble there is no inch conversion noted in the regulations text. This was an oversight and has been corrected in this final rule. COSTHA questioned if the minimum size of the “UN” number markings should be dictated by the maximum capacity of the outer package or the inner packagings. COSTHA proposed an example package consisting of 2 inner packagings of 4 L each. Maximum capacity is defined in § 171.8 as “the maximum inner volume of receptacles or packagings.” A package containing 2 inner packagings with a maximum capacity of 4 L each would have a maximum capacity of 8 L, and thus would require a 6 mm minimum UN number marking. It was also noted that the UNSCOE, at its 39th session, provided an exception from minimum marking size requirements for cylinders of 60 liters water capacity or less. PHMSA agrees that cylinder markings have historically been allowed provisions that would allo [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%3A2012-31243. Public record. Not legal advice.