Hazardous Materials: Harmonization With International Standards (RRR)

Federal RegisterAug 25, 2014

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, 178, and 180

[Docket Nos. PHMSA-2013-0260 (HM-215M)]

RIN 2137-AF05

Hazardous Materials: Harmonization With International Standards (RRR)

AGENCY:

Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations and subsequently address three petitions for rulemaking.

DATES:

Comments must be received by October 24, 2014.

ADDRESSES:

You may submit comments by any of the following methods:

Federal Rulemaking Portal: http://www.regulations.gov

. Follow the on-line instructions for submitting comments.

Fax:

1-202-493-2251.

Mail:

Docket Management System; U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

Hand Delivery:

To U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays.

Instructions:

Include the agency name and docket number PHMSA-2014-2013-0260 (HM-215M) or RIN 2137-AF05 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to

http://www.regulations.gov

including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard.

Privacy Act:

Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the

Federal Register

published on April 11, 2000 (65 FR 19477), or you may visit

http://www.regulations.gov

Docket:

You may view the public docket through the Internet at

http://www.regulations.gov

or in person at the Docket Operations office at the above address (See

ADDRESSES

FOR FURTHER INFORMATION CONTACT:

Steven Webb, Office of Hazardous Materials Standards or Vincent Babich, International Standards, telephone (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC, 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

II. Background

III. Harmonization Proposals in This NPRM

IV. Amendments Not Being Considered for Adoption in This NPRM

V. Section-by-Section Review

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for the Rulemaking

B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures

C. Executive Order 13132

D. Executive Order 13175

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

F. Paperwork Reduction Act

G. Regulatory Identifier Number (RIN)

H. Unfunded Mandates Reform Act

I. Environment Assessment

J. Privacy Act

K. Executive Order 13609 and International Trade Analysis

I. Executive Summary

PHMSA proposes to amend the HMR to maintain alignment with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. This rulemaking project is part of our ongoing biennial process to harmonize the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) with international regulations and standards.

Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et seq.) permits PHMSA to depart from international standards to promote safety or other overriding public interest, but otherwise requires PHMSA to align the HMR with international transport standards and requirements to the extent practicable (see 49 U.S.C. 5120).

Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials to and from the United States and becomes increasingly important as the volume of hazardous materials transported in international commerce grows. By facilitating compliance, harmonization also tends to enhance safety for international movements, but only if the international standards provide an appropriate level of safety. PHMSA actively participates in the development of international standards for the transportation of hazardous materials, frequently advocating the adoption in international standards of particular HMR requirements.

When considering the adoption of international standards under the HMR, we review and consider each amendment on its own merit, on the basis of its overall impact on transportation safety, and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without diminishing the level of safety currently provided by the HMR and without imposing undue burdens on the regulated community.

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

•

Incorporate Revised Standards:

PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards including the 2015-2016 International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI), Amendment 37-14 to the International Maritime Dangerous Goods Code (IMDG Code), the

International Atomic Energy Agency (IAEA) Safety Standards for Protecting People and the Environment; Regulations for the Safe Transport of Radioactive Material, No. SSR-6, (IAEA Regulations), 2012 Edition, and the 18th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations). Additionally, we are proposing to update our incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 8 (SOR/2011-239) published November 9, 2011; Amendment 9 (SOR/2011-60) published March 16, 2011; Amendment 10 (SOR/2011-210) published October 12, 2011; and Amendment 11 (SOR/2012-245) published November 9, 2012. Finally, in this NPRM, PHMSA is proposing the adoption of updated International Standards Organization (ISO) standards.

•

Revise HMT Entries:

In this NPRM, PHMSA proposes amendments to the § 172.101 Hazardous Materials Table (HMT) to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, passenger and cargo aircraft maximum quantity limits. The proposed changes to the HMT mirror recent changes in the Dangerous Goods list of the 18th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO TI.

•

Provide Exceptions for Marine Pollutants:

PHMSA is proposing an exception from the HMR for marine pollutants up to 5 l (1.3 gal) for liquids or 5 kg (11 lbs.) for solids when these materials are packaged in accordance with the general packaging requirements of §§ 173.24 and 173.24a. The proposed amendment would exempt small packages of hazardous material from the HMR that are regulated only because of the presence of one or more marine pollutants. Materials in these quantities pose a low risk in transport and this proposal simplifies the current exceptions for marine pollutants and reduces impediments to multi-modal transport of these goods. The proposed changes to the HMT mirror recent changes in the Dangerous Goods list of the 18th Revised Edition of the UN Model Regulations, the IMDG Code, and the ICAO TI.

•

Modification of the Marine Pollutant List:

PHMSA is proposing to modify the list of marine pollutants in Appendix B to 172.101. The HMR maintain a list as the basis for regulating substances toxic to the aquatic environment and allow use of the criteria in the IMDG Code if a listed material does not meet the criteria for a marine pollutant. PHMSA periodically updates its list based on changes to the IMDG Code and evaluation of listed materials.

•

Clarify Hazard Communication Size Requirements:

PHMSA is proposing to add minimum sizes for the OVERPACK and SALVAGE markings. These markings would be characters at least 12 mm (.47 inches) high. There is no minimum size for these marks currently in the HMR, and the information is not always readily visible. Further, the HMR already prescribe specific size requirements for the “UN” or “NA” markings and package specification markings. This proposal is a logical extension of existing requirements. To offset any increased cost associated with the proposed size requirements, PHMSA will propose to permit a permanently marked salvage package or overpack to remain in service with its existing marks regardless of whether the identification number markings meet the minimum size requirements.

•

Revise Vessel Stowage Requirements:

PHMSA is proposing to revise and add vessel stowage codes listed in column 10B of the HMT and segregation requirements in § 176.83 consistent with the IMDG Code. These changes would harmonize the HMR with the IMDG Code and would provide additional guidance on the loading and stowage of various materials. Additionally, we propose to increase the required segregation distances between Division 4.3 dangerous when wet material (i.e. materials liable to give off a flammable or toxic gas in contact with water) and Class 3 flammable liquids and Division 2.1 flammable gases.

•

Addition of Entries for Adsorbed Gases in the Hazardous Materials Table:

Consistent with amendments adopted into the UN Model Regulations, PHMSA is proposing to revise the Hazardous Materials Table (HMT) in § 172.101 to include seventeen new entries for adsorbed gases. Additionally we propose to add into the HMR a definition for adsorbed gas, authorized packagings, and safety requirements including but not limited to quantity limitations and filling limits.

•

Harmonized Requirements for Lithium Batteries:

PHMSA proposes harmonization with the latest version of the ICAO Technical Instructions to ensure that the information currently authorized by the HMR to be provided by means of an alternative document be included on a shipping paper for batteries transported under the provisions of 49 CFR 173.185(c)(4)(v)—equivalent to Section IB of ICAO Packing Instructions 965 and 968. PHMSA also proposes to harmonize with the latest version of the ICAO Technical Instructions by requiring a “CARGO AIRCRAFT ONLY” label on packages containing small lithium metal batteries not packed in or with equipment.

•

Definition of Non-Bulk Packaging:

PHMSA proposes to revise the HMR definition of non-bulk packaging by adding a new paragraph (4) to include bags and boxes conforming to the applicable requirements for specification packagings in subpart L of part 178 of this subchapter, if they have a maximum net mass of 400 kg (882 pounds) or less. The UN Model regulations were revised to remove the volumetric limit for certain packaging types considered in Part 6 of the UN Model Regulations that would be considered non-bulk packagings under the HMR. This change was based on recognition by the UN Transport of Dangerous Goods Sub-Committee that there are packagings suitable for the transportation of high volume, low mass materials (e.g., airbags).

If the amendments in this proposed rule are not adopted in the HMR by January 1, 2015, the date most of the international standards above take effect, U.S. companies, including numerous small entities competing in foreign markets, will be at an economic disadvantage. These companies will be forced to comply with a dual system of regulations. The amendments proposed in this rulemaking are intended to avoid this result.

If adopted in a final rule, the amendments proposed in this NPRM will result in minimal burdens on the regulated community. The benefits resulting from the adoption of the amendments include enhanced transportation safety resulting from the consistency of domestic and international hazard communication and continued access to foreign markets by U.S. manufacturers of hazardous materials. The majority of amendments in this NPRM should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.

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

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

II. Background

In a final rule published December 21, 1990 (Docket HM-181; 55 FR 52402), the Research and Special Programs Administration (RSPA), the predecessor agency to PHMSA, comprehensively revised the HMR to harmonize U.S. hazardous materials transportation requirements with the UN Model Regulations. The UN Model Regulations constitute a set of recommendations issued by the United Nations Subcommittee of Experts (UNSCOE) on the Transport of Dangerous Goods and the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UN Model Regulations are amended and updated biennially by the UNSCOE and serve as the basis for national, regional, and international modal regulations, including the IMDG Code and the ICAO TI.

Since publication of the 1990 rule, PHMSA has issued ten additional international harmonization rulemakings under Dockets: HM-215A [59 FR 67390]; HM-215B [62 FR 24690]; HM-215C [64 FR 10742]; HM-215D [66 FR 33316]; HM-215E [68 FR 44992]; HM-215G [69 FR 76044]; HM-215I [71 FR 78595]; HM-215J [74 FR 2200]; HM-215K [76 FR 3308]; and HM-215L [78 FR 987]. These rulemakings were based on biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO TI.

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 ensure safety or be consistent with the public interest (see 49 U.S.C. 5120). Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials. Harmonization has also become increasingly important as the volume of hazardous materials transported in international commerce grows. By facilitating compliance, harmonization enhances safety. PHMSA actively participates in relevant international standard-setting bodies and promotes the adoption of standards consistent with the high safety standards set by the HMR.

When considering alignment of the HMR with international standards, we review and evaluate each amendment on its own merit, on the basis of its overall impact on transportation safety, and the on the basis of the economic implications associated with its adoption into the HMR. Our goal is to harmonize without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community.

Based on this review and evaluation, in this NPRM PHMSA is proposing to revise the HMR to incorporate changes from the 18th Revised Edition of the UN Model Regulations, Amendment 37-14 to the IMDG Code, and the 2015-2016 Edition of the ICAO Technical Instructions, which become effective January 1, 2015 (The IMDG Code is effective January 1, 2015; however, the previous amendment may continue to be used until January 1, 2016).

In addition, PHMSA proposes to incorporate by reference the newest editions of various international standards. These standards incorporated by reference are authorized for use, under specific circumstances, in Subpart C of Part 171 of the HMR. This proposed rule is necessary to incorporate revisions to the international standards and, if adopted in the HMR, will be effective January 1, 2015.

Possible Interim Final Rule

If the changes in this proposed rule are not adopted by January 1, 2015, U.S. companies, including numerous small entities competing in foreign markets, would be at an economic disadvantage because these companies would be forced to comply with a dual system of regulations (specifically, the U.S. HMR, UN Model Regulations, and ICAO Technical Instructions). As previously noted, the changes to the international standards will take effect on January 1, 2015. Therefore, it is essential that a final rule incorporating these standards by reference be published no later than December 31, 2014 with an effective date of January 1, 2015. To this end, if it appears a final rule under this docket will not be published prior to January 1, 2015, PHMSA will publish a bridging document in the form of an interim final rule to amend the HMR by incorporating the 18th Revised Edition of the UN Recommendations and the 2015-2016 Edition of the ICAO Technical Instructions.

With regard to Amendment 37-14 of the IMDG Code, the International Maritime Organization approved an implementation date of January 1, 2016. The current edition of the IMDG Code (Amendment 36-12) remains in effect through 2015 and, therefore, the newest version of the IMDG Code will not be included in any bridging document. The proposed incorporation by reference of the newest edition of the IMDG Code and all other changes proposed in this NPRM would be addressed in a subsequent final rule also under this Docket, PHMSA-2013-0260 (HM-215M). Accordingly, any interim final rule will only incorporate by reference editions of the international standards that become effective on January 1, 2015.

III. Harmonization Proposals in This NPRM

In addition to various other revisions to the HMR, in this NPRM, PHMSA is proposing the following amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO TI, and the IMDG Code:

Hazardous Materials Table (HMT)

In this NPRM, PHMSA proposes amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, vessel stowage and segregation requirements, and passenger and cargo aircraft maximum quantity limits.

Incorporation by Reference

In this NPRM, PHMSA proposes to incorporate by reference the latest editions of various international transport standards including the 2015-2016 Edition of the ICAO Technical Instructions, Amendment 37-14 of the IMDG Code, and the 18th Revised Edition of the UN Model Regulations. Additionally, we are proposing to update our incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 8 (SOR/2011-239) published November 9, 2011; Amendment 9 (SOR/2011-60) published March 16, 2011; Amendment 10 (SOR/2011-210) published October 12, 2011; and Amendment 11 (SOR/2012-245) published November 9, 2012.

This incorporation by reference augments the broad reciprocity provided in § 171.12 where the HMR allow the use of the Canadian TDG Regulations under certain conditions when transporting hazardous materials to or from Canada by highway or rail. Finally, PHMSA is proposing the incorporation by reference of new and updated International Standards Organization (ISO) standards.

Petitions for Rulemaking:

In this NPRM, PHMSA is addressing three petitions for rulemaking:

Alignment of the HMR With the ICAO TI To Remove the Segregation Requirements in § 175.630 (P-1631)

In a petition for rulemaking (P-1631), UPS, Inc. requests that PHMSA align with the ICAO TI by removing the § 175.630 provisions requiring Division 6.1 and 6.2 packages to be segregated from materials marked as or known to be a foodstuff, feed, or any other edible material intended for consumption by humans or animals.

Section 175.630 imposes special segregation requirements for Division 6.1 (toxic) material and Division 6.2 (infectious substance) materials when transported by aircraft. Paragraph (a) requires that a package required to bear a POISON, POISON INHALATION HAZARD, or INFECTIOUS SUBSTANCE label may not be carried in the same compartment of an aircraft with material which is marked as or known to be a foodstuff, feed, or any other edible material intended for consumption by humans or animals unless:

(1) The Division 6.1 or Division 6.2 material and the foodstuff, feed, or other edible material are loaded in separate unit load devices which, when stowed on the aircraft, are not adjacent to each other; or

(2) The Division 6.1 or Division 6.2 material are loaded in one closed unit load device and the foodstuff, feed or other material is loaded in another closed unit load device.

The petitioner notes that during 2012-2013 biennium, the ICAO Dangerous Goods Panel (DGP) determined that the high quality of packaging for Division 6.1 and 6.2 material required by the ICAO TI justified removal of the segregation requirements applied to Division 6.1 or Division 6.2 material and foodstuffs. The petitioner states that the alignment of the HMR with the ICAO TI on the matter of operator requirements is of great value for aircraft operators. In addition, the petitioner states that this amendment has the potential to introduce efficiencies for air carriers, including UPS. In this context, with the deletion of ICAO TI Part 7, Section 2.9, the petitioner recommends and requests that PHMSA remove the corresponding requirements of § 175.630.

PHMSA is in agreement with the petitioner and in this NPRM, is proposing to delete the special segregation requirements for Division 6.1 and Division 6.2 material. This action would harmonize the HMR with recent amendments that will appear in the 2015-2016 Edition of the ICAO TI. These segregation requirements are no longer necessary, and we propose to harmonize with ICAO because of: (1) The relative rarity of releases of toxic and infectious substances; (2) the small quantities released when a spill actually occurs; (3) the robust nature of combination packagings used for toxic and infectious substances; (4) the acceptance checks required by operators prior to loading hazardous materials aboard aircraft; (5) the lack of evidence of contamination of other packages by a release of toxic or infectious substances; and (6) the coverage by the hazard communication system already in place in the event of a release.

Passenger Notification Programs for Tickets Issued by Phone (P-1623)

In a petition for rulemaking (P-1623), the Council on Safe Transportation of Hazardous Articles (COSTHA) requests that PHMSA remove the applicability of passenger notifications in § 175.25(b) to telephone transactions.

In a final rule published January 19, 2011 under Docket No. PHMSA-2009-0126 (HM-215K); 76 FR 3308, PHMSA aligned with the ICAO TI by adding new requirements for certain information to be presented to passengers regarding what hazardous materials they may check-in or carry-on a flight. This information is to be provided at points of ticket sale and at automated or remote passenger check-in. On March 7, 2013, PHMSA received a request for a letter of interpretation (Reference 13-00058) from COSTHA pointing out that the January 19, 2011 final rule in § 175.25 (b) includes the word “phone” which is not in Part 7; 5.1.1 of the ICAO TI, nor is it part of the current scope of passenger notification programs. COSTHA requested clarification as to whether or not PHMSA intended the § 175.25(b) requirement to be applicable to passenger notification by telephone. In the July 11, 2013 response, PHMSA stated that § 175.25(b) explicitly references purchase by telephone as a means of purchasing a ticket remotely. Therefore, as written, the § 175.25(b) passenger notification and acknowledgement requirements apply when purchasing a ticket by telephone and this is generally consistent with Part 7; 5.1.1 of the ICAO TI. This petition was submitted in response to the letter of interpretation issued by PHMSA on July 11, 2013 (Reference 13-0058).

In its petition, COSTHA states that they strongly disagree with PHMSA's position that inclusion of the term “phone” in § 175.25(b) is “generally consistent” with the language adopted in Part 7; 5.1.1 of the ICAO TI, and that PHMSA has not fully recognized or accounted for the significant costs such an interpretation would impose on industry and the competitive disadvantage that would result for U.S. passenger air carriers. The petitioner notes that the issue of ticket purchase and check-in on line was discussed within a working group of the ICAO DGP (May 2009) and that the discussion only pertained to electronic transactions, not telephone transactions. The report from the meeting specifically states “when purchasing tickets or checking in electronically.” The report includes comments from DGP members questioning who would enforce the requirement against internet-based travel agencies. There is no reference to ticket purchases made via telephone. At the 22nd meeting of the ICAO DGP (October 2009), ICAO adopted modifications to Part 7; 5.1 to bolster communication to passengers who purchase tickets or check-in electronically. Paragraph 2.8.2.1 from the DGP 22 report states:

A proposal to strengthen the requirements for the provision of information to passengers in respect of dangerous goods in baggage was discussed. It was suggested the use of the Internet to purchase tickets, to check in, and the use of automated check-in machines at the airport or by telephone made traditional methods of providing information to passengers obsolete. New text in Part 7;5.1 was developed to address this.

The petitioner notes that DGP 23 report contains the first reference to the use of telephones, and in this case it is in reference to passenger check-ins, not ticket purchase. Further revisions to the ICAO TI text resulted in mandatory requirements. However, the context of these discussions was again regarding electronic transactions, not via the telephone. The petitioner states based on the information contained in the ICAO reports that it was not the intention of ICAO to require extensive hazard communication during telephonic ticket purchases.

The petitioner states that by extending the application of notification to passengers to telephonic ticket purchases, PHMSA is imposing

significant training and implementation costs on industry and that these costs may not have been fully considered. In the petition, COSTHA includes estimated costs from three member air carriers for providing passenger notification via telephonic communication. One carrier estimated an annual cost increase of $17 million, another $750,000, and the third $450,000 a year for every second added to talk time. These figures do not include employee training costs. In addition, these three airlines provided data that between 3% and 5.1% of tickets are purchased over the phone. The petitioner points out that the vast majority of tickets are purchased on-line, and when purchased in this manner, passengers are notified about hazardous materials at the time of purchase, during check-in, and again via an announcement at the gate. The petitioner states that extending these requirements to telephone transactions will significantly increase costs to industry while reaching only 5% of passengers purchasing tickets.

In this NPRM, PHMSA is proposing to grant this petition by adopting into the HMR the revisions made to the passenger notification provisions of Part 7;5.1 of the ICAO TI adopted at the 24th meeting of ICAO DGP (October 2013). Paragraph 2.7.3.1 from the DGP 24 report states:

It was suggested that text which had existed in Part 7;5.1 prior to the 2011-2012 Edition of the Technical Instructions had been inadvertently removed and should be reinstated. Part 7;5.1 was amended in the 2011-2012 Edition to address the increasing use of the internet for flight bookings and check-in, the use of telephones and kiosks at airports for check-in. It was suggested, however, that the new text did not address cases when a passenger might make a booking over the telephone with the operator providing the dangerous goods information with a booking confirmation by post or email.

Specifically, PHMSA is proposing to revise § 175.25(b) for consistency with the ICAO TI to clarify that for ticket purchases the hazardous materials notification must be presented at the point of ticket purchase or, if this not practical, made available in another manner to passengers prior to the check-in process. This will allow an operator to provide the hazardous materials notification verbally, with the ticket or ticket receipt, or using another equally suitable method. In addition, PHMSA is proposing to remove the words “regardless if the process is completed remotely (e.g., via the Internet and Phone) or when completed at the airport, with or without assistance from another person (e.g., automated check in facility)” as examples of ticket purchases to fully harmonize § 175.25(b) with the ICAO TI, and to clarify that the hazardous materials notification must be given with every ticket purchase. Finally, it is proposed to insert the words “provided via the internet” into the second sentence of § 175.25(b) to clarify that passenger acknowledgement is only required when the ticket is purchased through the internet without assistance from another person. All of these proposed changes taken together will address the COSTHA petition and bring the HMR into full alignment with the ICAO TI.

Compliance Date Extension for Passenger Notification Programs (P-1633)

In a petition for rulemaking (P-1633), COSTHA requests that PHMSA extend the transitional compliance date for “hazardous materials notifications to passengers at time of ticket purchase,” which was adopted in a January 19, 2011 final rule (Docket No. PHMSA-2009-0126 (HM-215K); 76 FR 3308) and extended to January 1, 2015 in a final rule published January 7, 2013 (Docket No. PHMSA-2009-0126 (HM-215K); 78 FR 1108). Specifically, COSTHA requests the current compliance date for passenger notifications requirements in § 175.25 be extended from January 1, 2015 until 12 months from the effective date of the HM-215M final rule publication, or January 1, 2016, whichever is later.

The petitioner states on April 30, 2013, the Federal Aviation Administration (FAA) chartered an Aviation Rulemaking Committee (ARC) on Passenger Notification of Hazardous Materials Regulations with a mission to develop consistent and effective messages for disseminating hazardous materials information to passengers and provide air carriers additional clarity to ensure regulatory compliance. The FAA timeline for the ARC and publication of the draft advisory circular was developed to provide air carriers eight months to implement the recommendations, employee training, program changes and to make necessary technology updates. Due to additional amendments to the passenger notification requirements of the ICAO TI the implementation and subsequent consideration for harmonization under this proposed rule the timeline established by the FAA was delayed. Given this delay, air carriers will not be provided sufficient time to implement changes necessary to comply with the modified § 175.25.

In this NPRM, PHMSA is proposing to revise § 175.25(b) for consistency with recent amendments to the ICAO TI to clarify that for ticket purchases made via the telephone, the hazardous materials notification must be provided to the passenger but can be done so using any suitable method prior to the check-in. Due to this revision, the extension requested in this petition is unnecessary. The requirement for air carrier reservation agents to verbally provide passenger notification at the time of purchase by telephone was the basis for the effective date extension granted in the January 7, 2013 final rule (HM-215K). By removing the telephonic acknowledgement requirement, the previous effective date of January 1, 2015 will be waived as of publication. Other than the telephonic acknowledgement requirement, PHMSA is unaware of any additional new requirement imposed under HM-215K that has posed difficulty in implementation that would merit providing additional compliance date relief. Further, proposed amendments to § 175.25 in this rulemaking are eligible for the one year delayed compliance.

IV. Amendments Not Being Considered for Adoption in this NPRM

This NPRM proposes changes to the HMR based on amendments adopted in the 18th Revised Edition of the UN Model Regulations, the 2015-2016 Edition of the ICAO Technical Instructions, and Amendment 37-14 to the IMDG Code. We are not, however, proposing to adopt all the amendments made to the various international standards into the HMR.

In many cases, amendments to the international recommendations and regulations have not been adopted because the framework or structure of the HMR makes adoption unnecessary. In other cases, we have addressed, or will address, the amendments in separate rulemaking proceedings. If we have inadvertently omitted an amendment in this NPRM, we will attempt to include the omission in the final rule. However, our ability to make changes in a final rule is limited by requirements of the Administrative Procedure Act (5 U.S.C. 553). In some instances, we can adopt a provision inadvertently omitted in the NPRM if it is clearly within the scope of changes proposed in the notice. Otherwise, in order to provide opportunity for notice and comment, the change must first be proposed in an NPRM.

One of the goals of this rulemaking is to continue to maintain consistency between the HMR and the international requirements. We are not striving to make the HMR identical to the international regulations but rather to

remove or avoid potential barriers to international transportation.

The following is a list of significant amendments to the international regulations that we are not proposing to adopt in this NPRM, with a brief explanation of why the amendment was not included:

Damaged, Defective, and Waste Lithium Batteries

The 18th Revised Edition of the UN Model Regulations adopted transportation provisions for damaged, defective, and waste lithium batteries. In this NPRM, PHMSA is not proposing to adopt changes to the domestic requirements for the treatment of these lithium batteries, as we believe existing HMR requirements sufficiently address shipments of this nature.

Dimensions on Hazard Communication Examples

The 18th Revised Edition of the UN Model Regulations adopted modifications to example figures of markings, labels, and placards to note minimum dimensions for the appropriate hazard communication example pictograms. In this NPRM, PHMSA is not proposing to adopt the changes to example markings, labels, and placards found in the HMR. We believe the addition of dimensions to the example pictograms does not add significant value because these dimensions are described in the text of the HMR. These amendments to the international recommendations and regulations are not being adopted because the regulatory text associated with the various figures in the HMR depicting package markings, labels and placards adequately describes the item without adding minimum dimensions to the example figures.

Flash Composition

The 18th Revised Edition of the UN Model Regulations amended a note before the default fireworks classification table in 2.1.3.5.5. This amendment changed the criteria used in the meaning of “flash composition” from 8 ms for .5 g of pyrotechnic substance in the HSL Flash Composition Test in Appendix 7 of the Manual of Tests and Criteria, to 6 ms for .5 g of pyrotechnic substance. In this NPRM, PHMSA is not adopting this change as work on this test is ongoing.

Radioactive Materials Transportation Requirements

The 18th Revised Edition of the UN Model Regulations, the 2015-2016 Edition of the ICAO Technical Instructions, and Amendment 37-14 to the IMDG Code amended various radioactive transportation requirements to harmonize their regulations with the International Atomic Energy Agency (IAEA) Safety Standards for Protecting People and the Environment; Regulations for the Safe Transport of Radioactive Material, No. SSR-6. While PHMSA is proposing to incorporate by reference this document (see § 171.7) and adopt the new proper shipping name and associated shipping requirements for UN 3507, Uranium hexafluoride, radioactive material, excepted package, we are not proposing to harmonize the HMR with the remainder of the changes made by the various international regulations in this NPRM. Any further domestic radioactive harmonization issues will be addressed in a future rulemaking in conjunction with the Nuclear Regulatory Commission.

Discarded Packages

The 18th Revised Edition of the UN Model Regulations adopted a new proper shipping name and UN number for Packaging discarded, empty, uncleaned, UN 3509. This new proper shipping name was brought in to allow, with competent authority approval, packagings, large packagings or intermediate bulk containers, or parts thereof, which have contained hazardous materials, other than radioactive material to be transported for disposal, recycling or recovery of their material, other than reconditioning, repair, routine maintenance, remanufacturing or reuse, and which have been emptied to the extent that only residues of dangerous goods adhering to the packaging parts are present when they are presented for transport. This change was made primarily to address European land transport of packages that are no longer within appropriate package specifications. The ICAO DGP did not incorporate this entry into the ICAO TI dangerous goods list, and the IMDG Code has adopted very limited allowance for the use of this entry on short sea voyages.

PHMSA is not proposing to include a hazardous materials table entry for UN 3509 Packaging discarded, empty, uncleaned. We believe that the shipment of empty uncleaned packaging is adequately addressed by HMR under existing empty packaging provisions in § 173.29 and additional sections. Use of this description in the UN Model Regulations requires authorization by the competent authority, which can still be obtained from PHMSA via a special permit.

Used Medical Devices

In the 2015-2016 Edition of the ICAO TI a note was added to an exception for used medical devices which excepts medical devices or equipment that have been drained of free liquid to the extent practicable; and clarifying that any capability requirement in the ICAO TI can be determined through testing a sample package as prepared for transport, or through alternative means such as non-destructive testing, engineering analysis, testing with an article of similar mass and size, or other equivalent means. PHMSA is not making any corresponding amendments to § 173.134, as we believe the existing HMR satisfactorily addresses the hazards presented by used medical devices in transportation.

Coolants, Conditioners, and Asphyxiates

The 18th Revised Edition of the UN Model Regulations contains various editorial amendments applicable to packages and cargo transport units containing substances presenting a risk of asphyxiation when used for cooling or conditioning purposes. PHMSA did not adopt requirements for these shipments instituted in the 17th Revised Edition of the UN Model Regulations, and will not be adopting any of the editorial amendments incorporated into the 18th UN Model Regulations either. PHMSA believes that the current requirements for shipments of dry ice and other potential coolants adequately address the hazards associated with the use of these hazardous materials as coolants or conditioners.

Gas Cartridge and Fuel Cell Testing

The 18th Revised Edition of the UN Model Regulations was amended to authorize alternatives to the water bath test for gas cartridges and fuel cells. PHMSA believes that the current requirements provided by the HMR for testing these items adequately address the hazards associated with their use.

V. Section-by-Section Review

The following is a section-by-section review of the amendments proposed in this NPRM:

Part 171

Section 171.4 prohibits the transportation of materials meeting the definition of a marine pollutant except in accordance with HMR requirements. Paragraph (c) provides that marine pollutants transported in non-bulk packagings are excepted from the HMR unless the transportation is by vessel. In this NPRM, PHMSA proposes a new exception from the HMR for marine

pollutants up to 5 l (1.3 gallons) for liquids or 5 kg (11 lbs) for solids when these materials are packaged in accordance with the general packaging requirements of §§ 173.24 and 173.24a. This proposed amendment, applicable to all modes, would exempt small packages of hazardous material from the HMR that are regulated only because of the presence of one or more marine pollutants. Materials in these quantities pose a low risk in transport and this proposal simplifies the current exceptions for marine pollutants and reduces impediments to multi-modal transport of these goods.

Section 171.7

The “National Technology Transfer and Advancement Act of 1996” directs agencies to use voluntary consensus standards. According to the Office of Management and Budget (OMB), Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,” government agencies must use voluntary consensus standards wherever practical in the development of regulations. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety, and protects the environment.

To these ends, PHMSA actively participates in the development and updating of consensus standards through representation on more than 20 consensus standard bodies. PHMSA regularly reviews updated consensus standards and considers their merit for inclusion in the HMR.

Section 171.7 provides a listing of all standards incorporated by reference into the HMR. For this rulemaking, we evaluated updated international consensus standards pertaining to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements and determined that the revised standards provide an enhanced level of safety without imposing significant compliance burdens. These standards have a well-established and documented safety history and their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, we propose to update by adding and revising the incorporation by reference materials for the following organizations:

Paragraph (s)(1) which incorporates the

International Atomic Energy Agency

(

IAEA

) Regulations for the Safe Transport of Radioactive Material 1996 edition would be revised to incorporate the SSR-6 2012 Edition. To address concerns over domestic and international differences in the transport conditions applicable to shipments of excepted fissile materials, PHMSA is proposing to add additional requirements to § 171.23 to ensure domestic concerns are addressed. Please see the discussion in the Section-by-Section Review under § 171.23 for a summary of proposed changes.

Paragraph (t)(1) which incorporates the

International Civil Aviation Organization

Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2013-2014 Edition would be revised to incorporate the 2014-2015 Edition.

Paragraph (v)(2), which incorporates the

International Maritime Organization

International Maritime Dangerous Goods Code, 2012 Edition, Incorporating Amendment 36-12, English Edition, Volumes 1 and 2, would be revised to incorporate the 2014 Edition, Amendment 37-14.

In paragraph (w) various

International Organization for Standardization (ISO)

entries which contain standards for the specifications, design, construction, testing and use of gas cylinders are proposed for incorporation by reference.

In paragraph (bb)(1), the

Transport Canada,

Transportation of Dangerous Goods Regulations, including Clear Language Amendments 1 through 7 sub-paragraphs (ix), (x), (xi), and (xii), would be added to include Amendment 8 (SOR/2011-239) which was published on November 9, 2011; Amendment 9 (SOR/2011-60) published March 16, 2011; Amendment 10 (SOR/2011-210) published October 12, 2011; and Amendment 11 (SOR/2012-245) published November 9, 2012 respectively. In the preamble of our January 7, 2013 final rule (HM215-L [78 FR 987]) we indicated we were adopting Amendments 8, 9 and 10 of the Transportation of Dangerous Goods Regulations, however this adoption inadvertently did not appear in the published regulatory text. To correct this oversight, we are again proposing the adoption of Amendments 8, 9 and 10, along with the proposed adoption of the most recent, Amendment 11.

Paragraph (dd)(1), the

United Nations

Recommendations on the Transport of Dangerous Goods—Model Regulations, 17th Revised Edition (2011), Volumes I and II, would be revised to incorporate the 18th Revised Edition (2013), Volumes I and II.

Paragraph (dd)(2), the

United Nations

Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria, Fifth Revised Edition (2009), including Amendment 1 (2011), would be revised to reference § 171.24, and sub-paragraph (iii) would be added to incorporate Amendment 2 (2013).

Section 171.8

This section defines terms generally used throughout the HMR that have broad or multi-modal applicability. PHMSA is proposing to add the following terms:

Adsorbed gas:

The proposed adoption of this term directs the reader to § 173.115 for the definition. See the § 173.115 entry of the Section-by-Section Review for a complete discussion of the proposed adoption of the definition of adsorbed gas.

Bundle of cylinders:

Consistent with the ICAO TI, in this NPRM, PHMSA proposes to amend this definition to clarify that a “bundle of cylinders” is not permitted for air transport.

Large salvage packaging:

Consistent with the UN Model Regulations, in this NPRM, PHMSA proposes to define a large salvage packaging. A large salvage packaging is a special packaging into which damaged, defective or leaking hazardous materials packages, or hazardous materials that have spilled or leaked are placed for the purpose of transport for recovery or disposal. The general requirements for a large salvage packaging are consistent with the existing requirements for a “large packaging.” Large salvage packagings are not authorized for air transport.

Neutron radiation detector:

Consistent with the UN Model Regulations, in this NPRM, PHMSA proposes to define a neutron radiation detector. A neutron radiation detector is a device that detects neutron radiation. In such a device, a gas may be contained in a hermetically sealed electron tube transducer that converts neutron radiation into a measurable electric signal.

Non-bulk packaging:

The UN Model regulations were revised to remove the volumetric limit for certain packaging types considered in Part 6 of the UN Model Regulations that would be considered non-bulk packagings under the HMR. This was based on recognition by the UN Transport of Dangerous Goods Sub-Committee that there are packagings suitable for the transportation of high volume, low mass materials (e.g., airbags) where the capacity of a box may exceed 450 liters (119 gallons) while the net mass of the box is less than 400 kg (882 pounds). Absent a corresponding amendment to the HMR, U.S. manufacturers and shippers would be placed at a

competitive disadvantage by not being authorized to use the same packaging configurations other than as authorized for use by Part 171 Subpart C (use of international transport standards and regulations). Therefore, to maintain consistency with the UN Model Regulations, and to authorize the use of these packaging configurations for domestic transport, PHMSA proposes to revise the HMR definition of non-bulk packaging by adding a new paragraph (4) to include bags and boxes conforming to the applicable requirements for specification packagings in subpart L of part 178 of this subchapter, if they have a maximum net mass of 400 kg (882 pounds) or less. Based on our review of the UN Model Regulations, these are the only packagings affected by the UN amendment as only bags and boxes are authorized by specification to exceed 450 liters capacity.

Radiation Detection System:

Consistent with the UN Model Regulations, in this NPRM, PHMSA proposes to define a radiation detection system. A radiation detection system is an apparatus that contains radiation detectors as components.

Section 171.23

Section 171.23 prescribes requirements for specific materials and packagings transported under various international standards. Section 171.22(b)(2) requires shipments made in accordance with an authorized international standard or regulation to conform to all applicable requirements of Subpart C of Part 171.

Paragraph (b)(2) of this section provides the requirement that the shipping paper description of items such as air bag inflators, air bag modules, and seat-belt pretensioners conform to the requirements in § 173.166(c). Consistent with the UN Model Regulations, in this NPRM, PHMSA proposes to revise the proper shipping name of these items to read “Safety device,” with the addition of the term “pyromechanical device” being included as a “Safety device.” Paragraph (b)(2) is being revised to reference the new proper shipping name, “Safety device” and the new term “pyromechanical device.” As a consequence of the addition of the proper shipping name “Safety devices, pyrotechnic,” and special provision 161 being removed, paragraph (b)(2)(ii) is removed and reserved.

Paragraph (11) of this section prescribes additional requirements for shipments of radioactive materials made under authorized international standards or regulations. In this NPRM, PHMSA is proposing to incorporate by reference the 2012 IAEA SSR-6 regulations to allow shipments to be offered for transportation or transported under the most recent IAEA regulations. Several changes to the definition of excepted fissile materials and the requirements for its transport were adopted by the IAEA. Under their respective statutory authorities, DOT and the Nuclear Regulatory Commission (NRC) jointly regulate the transportation of radioactive materials to, from, and within the United States. The NRC has not initiated any rulemaking activities to address changes made by the IAEA regarding the transportation of excepted fissile materials. In order to maintain uniform treatment for shippers of excepted fissile materials, PHMSA is amending § 171.23 to require that shipments of excepted fissile materials offered in accordance with the IAEA SSR-6 regulations must also conform to the requirements of § 173.453.

Section 171.24

Section 171.24 details additional requirements for the use of the ICAO TI. In this NPRM, PHMSA is proposing to amend the marking requirement for packages containing primary lithium batteries and cells that meet the exceptions in paragraph (d)(1)(ii). Packages meeting these exceptions currently are required to be marked with an indication that they contain lithium batteries, and that these lithium batteries are forbidden for transport aboard passenger aircraft. PHMSA is proposing to allow the message that these batteries are forbidden for transport aboard passenger aircraft to be expressed through the current marking or by using a CARGO AIRCRAFT ONLY label as shown in § 172.448.

Section 171.25

Section 171.24 details additional requirements for the use of the IMDG Code. In this NPRM, PHMSA is proposing to amend the marking requirement for packages containing primary lithium batteries and cells that meet the exceptions in § 173.185(c) in paragraph (b)(3). Packages meeting these exceptions currently are required to be marked with an indication that they contain lithium batteries, and that these lithium batteries are forbidden for transport aboard passenger aircraft. PHMSA is proposing to allow the message that these batteries are forbidden for transport aboard passenger aircraft to be expressed through the current marking or by using a CARGO AIRCRAFT ONLY label as shown in § 172.448.

Part 172

Section 172.101

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

Paragraph (k) of § 172.101 explains the purpose of column (10) of the HMT and prescribes the vessel stowage and segregation for specific entries in the HMT. Column (10) is divided into two columns: Column (10A) [Vessel stowage] specifies the authorized stowage locations on board cargo and passenger vessels and column (10B) [Other provisions] specifies special stowage and segregation provisions. PHMSA is proposing to amend this instructional text to note that the codes in column 10B address not only codes for stowage requirements, but also, in certain instances, handling requirements that need to be observed during loading of the hazardous materials. The IMO, in amendment 37-14 of the IMDG Code, has split their stowage and segregation column (16) in the dangerous goods list into two columns and assigned codes to the existing stowage, handling, and segregation text. The new first column (16a) in the IMDG Code is entitled stowage and handling, and the second column (16b) is titled segregation. PHMSA is proposing to maintain the HMR's current column 10A and 10B system, with text in this section and § 176.84 indicating that handling/loading of hazardous materials is also covered by certain codes in column 10B. See

Section 176.84 other requirements for stowage, cargo handling, and segregation for cargo vessels and passenger vessels

for a detailed discussion of proposed changes.

Hazardous Materials Table (HMT)

In this NPRM, PHMSA is proposing to amend the HMT. Readers should review all changes for a complete understanding of the amendments. For purposes of the Government Printing Office's typesetting procedures, proposed changes to the HMT appear under three sections of the Table, “remove,” “add,” and “revise.” Certain entries in the HMT, such as those with revisions to the proper shipping names, appear as a “remove” and “add.” Proposed amendments to the HMT include the following:

New HMT Entries

UN3507 Uranium hexafluoride, radioactive material, excepted

package,

less than 0.1 kg per package, non-fissile or fissile-excepted

This new HMT entry addresses small quantities of uranium hexafluoride having corrosive properties by assigning the material to Class 8 with a subsidiary risk of Class 7 since this would be more consistent with the general rule of classification of radioactive material in limited quantities possessing other hazards per § 173.423. Shipments must comply with new special provision 369 and requirements found in § 173.420(d).

UN3508 Capacitor, asymmetric

with an energy storage capacity greater than 0.3Wh

This new HMT entry is intended to cover asymmetric capacitors with an energy storage capacity greater than 0.3 Wh. Asymmetric capacitors are assigned as a Class 9 miscellaneous hazardous.

UN3510 Adsorbed gas, flammable, n.o.s.

UN3511 Adsorbed gas, n.o.s.

UN3512 Adsorbed gas, toxic, n.o.s.

UN3513 Adsorbed gas, oxidizing, n.o.s.

UN3514 Adsorbed gas, toxic, flammable, n.o.s.

UN3515 Adsorbed gas, toxic, oxidizing, n.o.s.

UN3516 Adsorbed gas, toxic, corrosive, n.o.s.

UN3517 Adsorbed gas, toxic, flammable, corrosive, n.o.s.

UN3518 Adsorbed gas, toxic, oxidizing, corrosive, n.o.s.

UN3519 Boron trifluoride, adsorbed

UN3520 Chlorine, adsorbed

UN3521 Silicon tetrafluoride, adsorbed

UN3522 Arsine, adsorbed

UN3523 Germane, adsorbed

UN3524 Phosphorus pentafluoride, adsorbed

UN3525 Phosphine, adsorbed

UN3526 Hydrogen selenide, adsorbed

The “Adsorbed gas” HMT entries are added to address shipments of gas, which when packaged for transport, are adsorbed onto a solid porous material in a pressure receptacle. Entries classified as Division 2.3 gases are forbidden for transport by aircraft.

Duplicate entries for UN0214 Trinitrobenzene,

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

currently exist in the HMT; while the UN1354 entry has been inadvertently overwritten by one of these UN0214 entries in an unidentified previous rulemaking. PHMSA is proposing to remove one of the duplicate UN0214 entries, and to reinsert the correct UN1354 entry.

During the course of reviewing Column 10B (Vessel stowage Other codes) for harmonization with changes made in the 37-14 IMDG Code, PHMSA noticed that the entry for UN3231 Self-reactive liquid type B, temperature controlled is not currently listed in the HMR. This is believed to be the result of an inadvertent deletion in an unidentified rulemaking. PHMSA is proposing to reinstate the HMT entry for UN3231.

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. The symbol “I” indicates these proper shipping names are appropriate for describing materials in international transportation, but that an alternate proper shipping name may be selected when only domestic transportation is involved.

In this NPRM PHMSA is proposing to add international proper shipping names for “Asbestos, amphibole (amosite, tremolite, actinolite, anthophyllite, crocidolite)” and “Asbestos, chrysotile”, and remove shipping descriptions for Blue, Brown, and White Asbestos. These new international proper shipping names for “Asbestos, amphibole” and “Asbestos, chrysotile” are proposed to have an “I” assigned in column one. PHMSA is also proposing to assign a “G” to the “Asbestos, amphibole” entry. The “G” indicates that the technical name(s) of the hazardous material must be entered in parentheses, in association with the basic description. In the case of this proposed proper shipping name, the technical name shown should be selected from the list of five different minerals (amosite, tremolite, actinolite, anthophyllite, crocidolite) indicated in italics after the proper shipping name. See the amendments to column (2) of the HMT for additional discussion regarding the revision of the proper shipping names for these entries.

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.

The proper shipping name for “UN0222, 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”

is amended by removing the italicized text and placing the text into the new special provision 370.

The proper shipping name for “UN1942, Ammonium nitrate,

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

is amended by replacing the word “materials” in italicized text with “substances” and the comma following “substance” is placed after the word “carbon.” Due to the present placement of the comma in the description for the two ammonium nitrate entries, the 0.2% combustible materials/substances are measured differently. This amendment ensures that the 0.2% combustible level is calculated as carbon in the case of organic substances.

Two new proper shipping names “Asbestos, amphibole (amosite, tremolite, actinolite, anthophyllite, crocidolite)” and “Asbestos, chrysotile” are proposed to be assigned to identification numbers UN2212 and UN2590, respectively. These new proper shipping names more appropriately describe the material than the present “UN2212, Blue asbestos (Crocidolite) or Brown asbestos (amosite, mysorite)” and “UN2590, White asbestos (chrysotile, actinolite, anthophyllite, tremolite).” In the scientific community, Asbestos is divided into two chemical group names, “Amphiboles” and “Chrysotile”. The amphibole group includes five different minerals (amosite, tremolite, actinolite, anthophyllite, crocidolite). The chrysotile group includes only the mineral chrysotile.

The proper shipping name for “UN3499, Capacitor,

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

is amended by placing the phrase “electric double layer” in Roman type. This amendment is necessary to differentiate this HMT entry from the new HMT entry, Capacitor, asymmetric.

A new proper shipping name “Safety devices,

electrically initiated”

is proposed to be assigned to identification number UN3268. Current proper shipping names assigned to UN3268 are “Air bag inflators,

Air bag modules,

Seat-belt pretensioners.” The proposed proper shipping name more appropriately describes materials authorized under this HMT entry in conjunction with the proposed revision to special provision 160 to include a number of automotive industry life-saving appliances that are actuated by the electric signal of the crash sensor.

A new proper shipping name “Safety devices, pyrotechnic” is proposed to be assigned to identification number UN0503. The current proper shipping names assigned to UN0503 are “Air bag inflators,

Air bag modules,

Seat-belt pretensioners.” The proposed proper shipping name more appropriately describes Class 1 materials authorized under this HMT entry.

The proper shipping name for “UN1082, Trifluorochloroethylene, stabilized” is amended by adding “Refrigerant gas R 1113” as an alternative proper shipping name for consistency with the Dangerous Goods Lists of the various international standards and the HMT of the HMR. The proposed proper shipping name for UN1082 is

“Trifluorochloroethylene, stabilized

Refrigerant gas R 1113”

Amendments to Column (5) Packing Group

Section 172.101(f) describes Column (5) of the HMT and the designation of the packing group(s) assigned to each proper shipping name.

For the entries “UN3316, Chemical kits” and “UN3316, First aid kits” the Packing Groups II and III designations are proposed. The assignment of packing groups to these entries are not a new requirement; however, including packing group assignments in the HMT will ensure that shippers are aware that the most stringent packing group must be assigned to any individual substance in the kit in accordance 173.161(a)(2).

The HMT entries for several articles are revised to remove packing group assignments. For articles, the packing group does not relate to the degree of hazard posed by the material but rather is assigned generically to the article. There is limited value in requiring an indication of the packing group in association with the shipment. Currently and without specific rationale, some articles are assigned packing groups while others are not. This proposed change provides a level of consistency for all articles specifically listed in the HMT. In this NPRM, PHMSA is proposing to remove packing group assignments from the following HMT entries:

Proper shipping name

UN No.

Ammunition, tear-producing, non-explosive, without burster or expelling charge, non-fuzed

UN2017

Ammunition, toxic, non-explosive, without burster or expelling charge, non-fuzed

UN2016

Batteries, containing sodium

UN3292

Lithium ion batteries

including lithium ion polymer batteries

UN3480

Lithium ion batteries contained in equipment

including lithium ion polymer batteries

UN3481

Lithium ion batteries packed with equipment

including lithium ion polymer batteries

UN3481

Lithium metal batteries

including lithium alloy batteries

UN3090

Lithium metal batteries contained in equipment

including lithium alloy batteries

UN3091

Lithium metal batteries packed with equipment

including lithium alloy batteries

UN3091

Mercury contained in manufactured articles

UN3506

Oxygen generator, chemical

(including when contained in associated equipment, e.g., passenger service units (PSUs), portable breathing equipment (PBE), etc)

UN3356

Safety devices,

electrically initiated

UN3268

Tear gas candles

UN1700

* See amendments to Column 2.

Amendments to the Column (7) Special Provisions

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

Section 172.102 special provisions

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

In this NPRM, special provision 134 is added to the HMT entry “UN3072, Life-saving appliances, not self-inflating

containing dangerous goods as equipment.”

The addition of this special provision will clarify that equipment containing only lithium batteries must be consigned under the entries “Lithium batteries contained in equipment” or “Lithium batteries packed with equipment,” as appropriate.

Several HMT entries are revised to include new special provision 367. Special provision 367 authorizes the use of the “Paint related material” entries for consignments of packages containing “Paint” and “Paint related material” in the same package. This special provision also authorizes the proper shipping name “Printing ink related material” for consignments of packages containing “Printing Ink” and “Printing ink related material” in the same package.

In this NPRM, new special provision 367 is proposed to be assigned to the following entries:

Proper shipping name

UN No.

Paint

including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler, and liquid lacquer base

UN1263

Paint

Paint related material

UN3066

Paint, corrosive, flammable

(including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler, and liquid lacquer base)

UN3470

Paint, flammable, corrosive,

(including paint, lacquer, enamel, stain, shellac, varnish, polish, liquid filler and liquid lacquer base)

UN3469

Paint related material

including paint thinning, drying, removing, or reducing compound

UN1263

Paint related material corrosive, flammable

(including paint thinning or reducing compound)

UN3470

Paint related material, flammable, corrosive

(including paint thinning or reducing compound)

UN3469

Printing ink, flammable or Printing ink related material

(including printing ink thinning or reducing compound), flammable

UN1210

In this NPRM, we propose to add new special provision 368 to the HMT entry “UN2910, Radioactive material, excepted package-limited quantity of material.”

In this NPRM, new special provision 369 is proposed to be assigned to the new HMT entry “UN3507, Uranium hexafluoride, radioactive material, excepted package,

less than 0.1 kg per package, non-fissile or fissile-excepted.”

In this NPRM, new special provision 370 is proposed to be assigned to the HMT entry “UN0222, Ammonium nitrate.” This special provision contains qualifying language that previous to this NPRM, was part of the proper shipping name for UN0222.

In this NPRM, new special provision 371 is proposed to be assigned to the HMT entry “UN3164, Articles, pressurized pneumatic or hydraulic

containing non-flammable gas.”

In this NPRM, new special provision 375 is proposed to be assigned to the HMT entries “UN3077, Environmentally hazardous substance, solid, n.o.s.” and “UN3077, Environmentally hazardous substance, liquid, n.o.s.”

In this NPRM, for the HMT Packing Group III entry “UN3089, Metal powders, flammable, n.o.s.” special provision IB6 is replaced with IB8 and special provisions IP2, and IP4 are added. IB8 is presently assigned to the Packing Group II entry, therefore, fiberboard, wooden and flexible IBCs are allowed for the Packing Group II materials, but are forbidden for the less dangerous Packing Group III substance. These proposed revisions will correct the inconsistency.

In this NPRM, new special provision A61 is proposed to be assigned to the HMT entries “UN 3107, Organic peroxide type E, liquid” and “UN 3109, Organic peroxide type F, liquid”.

Several HMT entries are revised to include new portable tank special provision TP47. Special provision TP47 indicates that the 2.5 year internal portable tank examination may be waived or substituted by other test methods or inspection procedures specified by the competent authority or its authorized body, provided that the portable tank is dedicated to the transport of the organometallic substances to which this tank special provision is assigned. However, this examination is required when the conditions of § 180.605(f) are met.

In this NPRM, new special provision TP47 is proposed to be assigned to the following entries:

Proper shipping name

UN No.

Organometallic substance, liquid, pyrophoric, water-reactive

UN3394

Organometallic substance, liquid, water-reactive

UN3398

Organometallic substance, liquid, water-reactive, flammable

UN3399

Organometallic substance, solid, pyrophoric, water-reactive

UN3393

Organometallic substance, solid, water-reactive

UN3395

Organometallic substance, solid, water-reactive, flammable

UN3396

Organometallic substance, solid, water-reactive, self-heating

UN3397

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)). The indication of “forbidden” means the material may not be offered for transportation or transported in the applicable mode of transport.

For the entry “UN3497, Krill meal” quantity limits of 15 kg and 50 kg for PG II, and 25 kg and 100 kg for PG III, are proposed for columns (9A) and (9B) respectively. 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 TI.

At the 24th meeting the ICAO DGP, it was agreed to incorporate certain UN numbers contained in the UN Model Regulations, but not currently listed in the ICAO TI. For the entry “UN2216, Fish meal, stabilized or Fish scrap, stabilized,” the panel determined that it should be forbidden for transport on both cargo and passenger aircraft. Under the HMR, this entry is assigned a “W” in Column (1) meaning that the material is only subject to the requirements when offered or intended for transport by vessel. Because of this discrepancy, in this NPRM, PHMSA is soliciting public comment on any potential action to align with the ICAO TI (including potentially adding “A” to column one and forbidding this entry aboard both cargo and passenger aircraft) and what potential benefit or burden a change to these quantity limits for UN2216 could potentially impose upon shippers and air operators.

Amendments to the Column (10) vessel stowage requirements.

Vessel stowage location (10B).

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.

The IMO, in amendment 37-14 of the IMDG Code, split their stowage and segregation column (16) in the dangerous goods list into two columns and assigned codes to the existing stowage, handling, and segregation text. The new first column (16a) in the IMDG Code is titled stowage and handling, and the second column (16b) is titled segregation. PHMSA is proposing to maintain the HMT's current column 10A and 10B, while also harmonizing our vessel stowage codes in columns 10A and 10B as closely as possible with those in amendment 37-14 of the IMDG Code. There are several instances where PHMSA is proposing to maintain additional codes (see UN numbers 0019, 0020, 0021, 0301, 0303, 1017, 1131, 1389, 1392, 1420, 1422, 1780, 1942, 1950, 2679, 2912, 3015, 3071, 3101-3106, 3108-3110, 3242, 3323, and 3497) that vary from IMDG Code stowage and segregation requirements. These additional stowage and segregation provisions vary by UN number, but are considered additional precautions deemed necessary to ensure the safe transport of these commodities during transportation by vessel. PHMSA welcomes comments on the continued need and or the impact of maintaining this limited number of domestic variations from the international stowage, handling, and segregation requirements.

During the preparation of this NPRM, PHMSA and the United States Coast Guard conducted an extensive review of all HMT entries to verify that domestic entries correspond as closely as possible with the provisions found in the IMDG Code. PHMSA is proposing numerous changes to the codes found in the HMT's column 10B [Other provisions] as a result of this review. The majority

of the changes are a result of work done at the IMO to eliminate duplicate and unnecessary provisions. Some of the proposed changes to column 10B are proposed to harmonize existing differences in stowage, handling, and segregation provisions between the HMR and the IMDG Code. Recognizing that there are both shippers and carriers that only offer hazardous materials by vessel domestically, PHMSA seeks comments on the costs and benefits to these domestic shippers and carriers of harmonizing the stowage provisions of the HMR with the provisions of the IMDG Code as proposed in this NPRM. PHMSA also solicits comments on the costs and benefits were we to maintain domestic stowage differences within the HMR. A table of proposed changes, listed in alphabetical order, showing the proper shipping name, UN identification number, any stowage codes proposed for removal, and any stowage codes proposed for addition is provided below. If a column is blank, no changes are proposed. The meaning of the codes in column 10B can be found either in § 176.84 or are listed in the § 176.84 Section-by-Section change portion of this NPRM.

Proper shipping name

UN ID No.

Proposed

removals

Proposed

additions

Aircraft hydraulic power unit fuel tank

UN3165

21, 40, 49, 100

Acrylamide, solid

UN2074

Acrylamide solution

UN3426

Aldol

UN2839

Alkali metal alloys, liquid, n.o.s

UN1421

13, 148

Alkali metal amalgam, liquid

UN1389

13, 148

Alkali metal amalgam, solid

UN3401

13, 148

Alkali metal amides

UN1390

13, 148

Alkali metal dispersions, flammable

Alkaline earth metal dispersions, flammable

UN3482

13, 148

Alkali metal dispersions,

Alkaline earth metal dispersions

UN1391

13, 148

Alkaline earth metal alloys, n.o.s

UN1393

13, 148

Alkaline earth metal amalgams, liquid

UN1392

13, 148

Alkaline earth metal amalgams, solid

UN3402

13, 148

Allyl chloroformate

UN1722

21, 100

Aluminum borohydride

Aluminum borohydride in devices

UN2870

13, 148

Aluminum carbide

UN1394

13, 148

Aluminum ferrosilicon powder (PG II and III)

UN1395

13, 148

Aluminum hydride

UN2463

13, 148

Aluminum phosphide

UN1397

13, 148

Aluminum powder, coated (PG II and III)

UN1309

13, 147, 148

Aluminum powder, uncoated (PG II and III)

UN1396

13, 148

Aluminum silicon powder, uncoated

UN1398

13, 148

Aluminum smelting by-products

Aluminum remelting by-products (PG II and III)

UN3170

13, 148

N-Aminoethylpiperazine

UN2815

Aminopyridines

(o-; m-; p-)

UN2671

Ammonium nitrate based fertilizer

UN2067

124

Ammonium nitrate, liquid

UN2426

124

Ammonium nitrate

UN1942

66, 124

Ammonium polysulfide, solution (PG II and III)

UN2818

Ammonium sulfide solution

UN2683

Anisoyl chloride

UN1729

Antimony pentafluoride

UN1732

Arsenic bromide

UN1555

Barium

UN1400

13, 148

Barium alloys, pyrophoric

UN1854

13, 148

Barium azide, wetted

UN1571

Barium peroxide

UN1449

66, 148

Batteries, containing sodium

UN3292

13, 148

Beryllium, powder

UN1567

13, 147, 148

Boron tribromide

UN2692

Boron trifluoride dehydrate

UN2851

Boron trifluoride dimethyl etherate

UN2965

Bromoform

Bromine

UN1744

Bromine solutions (both PG I entries)

UN1744

Bromobenzyl cyanides, liquid

UN1694

Bromobenzyl cyanides, solid

UN3449

tert-Butyl hypochlorite

UN3255

Butyl mercaptan

UN2347

102

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

Musk xylene

UN2956

Butyric acid

UN2820

Calcium

UN1401

13, 148

Calcium carbide (PG I and II)

UN1402

13, 148

Calcium cyanamide

with more than 0.1 percent of calcium carbide

UN1403

13, 148

Calcium hydride

UN1404

13, 148

Calcium manganese silicon

UN2844

13, 148

Calcium peroxide

UN1457

66, 148

Calcium phosphide

UN1360

13, 148

Calcium, pyrophoric

Calcium alloys, pyrophoric

UN1855

13, 148

Calcium silicide (PG II and III)

UN1405

13, 148

Carbon, activated

UN1362

Carbon (PG II and III)

UN1361

Castor beans

Castor meal

Castor pomace

Castor flake

UN2969

44, 122

Cerium,

slabs, ingots, or rods

UN1333

13, 147, 148

Cerium,

turnings or gritty powder

UN3078

13, 148

Cesium

Caesium

UN1407

13, 148

Chloroacetonitrile

UN2668

Chloroacetophenone, liquid,

(CN)

UN3416

Chloroacetophenone, solid,

(CN)

UN1697

Chlorocresols solution (PG II and III)

UN3437

Chloromethyl chloroformate

UN2745

21, 100

Chloronitrobenzenes, liquid

UN3409

44, 89, 100, 141

Chlorosilanes, water-reactive, flammable, corrosive, n.o.s

UN2988

13, 147, 148

Corrosive liquids, water-reactive, n.o.s. (PG I and II)

UN3094

13, 148

Corrosive solids, toxic, n.o.s. (PG III)

UN2923

Corrosive solids, water-reactive, n.o.s. (PG I, II, and III)

UN3096

13, 148

Crotonic acid, liquid

UN3472

Crotonic acid, solid

UN2823

Cyanogen bromide

UN1889

Cyanuric chloride

UN2670

Cyclohexyl mercaptan

UN3054

102

1,1-Dichloro-1-nitroethane

UN2650

1,3-Dichloroacetone

UN2649

1,3-Dichloropropanol-2

UN2750

Diethylthiophosphoryl chloride

UN2751

Dipicryl sulfide, wetted

UN2852

2-Ethylhexyl chloroformate

UN2748

21, 100

Ferrocerium

UN1323

13, 147, 148

Ferrosilicon

with 30 percent or more but less than 90 percent silicon

UN1408

13, 148

Ferrous metal borings

Ferrous metal shavings

Ferrous metal turnings

Ferrous metal cuttings

in a form liable to self-heating

UN2793

13, 148

Fuel cell cartridges

Fuel cell cartridges contained in equipment

Fuel cell cartridges packed with equipment,

containing water-reactive substances

UN3476

13, 148

Hafnium powder, dry (PG I, II, and III)

UN2545

13, 148

Hexachlorocyclopentadiene

UN2646

Hexamethylenediamine, solid

UN2280

Hydrofluoric acid,

with more than 60 percent strength

UN1790

Hydrofluoric acid,

with not more than 60 percent strength

UN1790

Hydrogen, refrigerated liquid

(cryogenic liquid)

UN1966

Hypochlorites, inorganic, n.o.s

UN3212

106

Iron oxide, spent,

Iron sponge, spent

obtained from coal gas purification

UN1376

13, 148

Isopropyl chloroformate

UN2407

21, 100

Life-saving appliances, not self inflating

UN3072

122

Life-saving appliances

UN2990

122

Lithium

UN1415

13, 148

Lithium aluminum hydride

UN1410

13, 148

Lithium aluminum hydride, ethereal

UN1411

13, 148

Lithium borohydride

UN1413

13, 148

Lithium ferrosilicon

UN2830

13, 148

Lithium hydride

UN1414

13, 148

Lithium hydride, fused solid

UN2805

13, 148

Lithium peroxide

UN1472

13, 148

Lithium silicon

UN1417

13, 148

Magnesium aluminum phosphide

UN1419

13, 148

Magnesium diamide

UN2004

13, 148

Magnesium granules, coated,

particle size not less than 149 microns

UN2950

13, 148

Magnesium hydride

UN2010

13, 148

Magnesium

Magnesium alloys

with more than 50 percent magnesium in pellets, turnings or ribbons

UN1869

13, 147, 148

Magnesium peroxide

UN1476

13, 148

Magnesium phosphide

UN2011

13, 148

Magnesium, powder

Magnesium alloys, powder (PG I, II, and III)

UN1418

13, 148

Magnesium silicide

UN2624

13, 148

Maleic anhydride

UN2215

95, 102

Maleic anhydride, molten

UN2215

95, 102

Malononitrile

UN2647

Maneb

Maneb preparations

with not less than 60 percent maneb

UN2210

13. 148

Maneb stabilized

Maneb preparations, stabilized

against self-heating

UN2968

13, 148

Metal powders, flammable, n.o.s. (PG II and III)

UN3089

Mercaptans, liquid, flammable, n.o.s.

Mercaptan mixture, liquid, flammable, n.o.s. (PG I, II, and III)

UN3336

102

Mercaptans, liquid, flammable, toxic, n.o.s.

Mercaptan mixtures, liquid, flammable, toxic, n.o.s. (PG II and III)

UN1228

102

Mercaptans, liquid, toxic, flammable, n.o.s.

Mercaptan mixtures, liquid, toxic, flammable, n.o.s.

, flash point not less than 23 degrees C

UN3071

102

Metal catalyst, dry (PG I, II, and III)

UN2881

13, 147, 148

Metal hydrides, water reactive, n.o.s. (PG I and II)

UN1409

13, 148

Metal powder, self-heating, n.o.s. (PG II and III)

UN3189

13, 147, 148

Metal powders, flammable, n.o.s. (PG II and III)

UN3089

13, 74, 147, 148

Metallic substance, water-reactive, n.o.s. (PG I, II, and III)

UN3208

13, 148

Metallic substance, water-reactive, self-heating, n.o.s. (PG I, II, and III)

UN3209

13, 148

Methyl iodide

UN2644

Methyl magnesium bromide, in ethyl ether

UN1928

13, 148

Methyl vinyl ketone, stabilized

21, 100

Organic peroxide type B, liquid

UN3101

Organic peroxide type B, liquid, temperature controlled

UN3111

Organic peroxide type B, solid

UN3102

Organic peroxide type B, solid, temperature controlled

UN3112

Organic peroxide type C, liquid

UN3103

Organic peroxide type C, liquid, temperature controlled

UN3113

Organic peroxide type C, solid

UN3104

Organic peroxide type C, solid, temperature controlled

UN3114

Organic peroxide type D, liquid

UN3105

Organic peroxide type D, liquid, temperature controlled

UN3115

Organic peroxide type D, solid

UN3106

Organic peroxide type D, solid, temperature controlled

UN3116

Organic peroxide type E, liquid

UN3107

Organic peroxide type E, liquid, temperature controlled

UN3117

Organic peroxide type E, solid

UN3108

Organic peroxide type E, solid, temperature controlled

UN3118

Organic peroxide type F, liquid

UN3109

Organic peroxide type F, liquid, temperature controlled

UN3119

Organic peroxide type F, solid

UN3110

Organic peroxide type F, solid, temperature controlled

UN3120

Organometallic substance, liquid, pyrophoric

UN3392

13, 148

Organometallic substance, liquid, pyrophoric, water-reactive

UN3394

13, 52, 148

Organometallic substance, liquid, water-reactive (PG I, II, and III)

UN3398

13, 148

Organometallic substance, liquid, water-reactive, flammable (PG I, II, and III)

UN3399

13, 148

Organometallic substance, solid, pyrophoric, water-reactive

UN3393

13, 148

Organometallic substance, solid, water-reactive (PG I, II, and III)

UN3395

13, 148

Organometallic substance, solid, water-reactive, flammable (PG I, II, and III)

UN3396

13, 148

Organometallic substance, solid, water-reactive, self-heating (PG I, II, and III)

UN3397

13, 148

Oxidizing liquid, corrosive, n.o.s. (PG I)

UN3098

106

Oxidizing liquid, corrosive, n.o.s. (PG II and III)

UN3098

106, 34

Oxidizing liquid, n.o.s. (PG I, II, and III)

UN3139

106

Oxidizing liquid, toxic, n.o.s. (PG I, II, and III)

UN3099

106

Oxidizing solid, corrosive, n.o.s. (PG I, II, and III)

UN3085

106

Oxidizing solid, flammable, n.o.s

UN3137

13, 147, 148

Oxidizing solid, toxic, n.o.s. (PG I)

UN3087

106

Oxidizing solid, toxic, n.o.s. (PG II and III)

UN3087

95, 106

Oxidizing solid, water reactive, n.o.s

UN3121

13, 148

Pentaborane

UN1380

13, 148

Peroxides, inorganic, n.o.s. (PG II and III)

UN1483

148

Persulfates, inorganic, aqueous solution, n.o.s

UN3216

Pesticides, liquid, flammable, toxic,

flash point less than 23 degrees C

(PG I and II)

UN3021

Phenyl chloroformate

UN2746

21, 10

Phosphorus heptasulfide,

free from yellow or white phosphorus

UN1340

13, 147, 148

Phosphorus oxybromide

UN1939

Phosphorus pentabromide

UN2691

Phosphorus trioxide

UN2578

Phosphorus trisulfide,

free from yellow or white phosphorus

UN1343

13, 147, 148

Piperazine

UN2579

Potassium

UN2257

13, 148

Potassium borohydride

UN1870

13, 148

Potassium, metal alloys, liquid

UN1420

13, 148

Potassium, metal alloys, solid

UN3403

13, 148

Potassium, metal alloys, solid

UN3403

13, 52, 148

Potassium peroxide

UN1491

148

Potassium phosphide

UN2012

13, 148

Potassium sodium alloys, liquid

UN1422

13, 148

Potassium sodium alloys, solid

UN3404

13, 148

Potassium superoxide

UN2466

13, 148

Pyrophoric liquid, inorganic, n.o.s

UN3194

13, 148

Pyrophoric liquids, organic, n.o.s

UN2845

13, 148

Pyrophoric metals, n.o.s.,

Pyrophoric alloys, n.o.s

UN1383

13, 148

Pyrophoric solid, inorganic, n.o.s

UN3200

13, 148

Pyrophoric solids, organic, n.o.s

UN2846

13, 148

Quinoline

UN2656

Rubidium

UN1423

13, 148

Seed cake

with not more than 1.5 percent oil and not more than 11 percent moisture

UN2217

120

Self-reactive liquid type B

UN3221

25, 127

Self-reactive liquid type C

UN3223

Self-reactive liquid type C, temperature controlled

UN3233

Self-reactive liquid type D

UN3225

Self-reactive liquid type D, temperature controlled

UN3235

Self-reactive liquid type E

UN3227

Self-reactive liquid type E, temperature controlled

UN3237

Self-reactive liquid type F

UN3229

Self-reactive liquid type F, temperature controlled

UN3239

Self-reactive solid type B

UN3222

25, 127

Self-reactive solid type B, temperature controlled

UN3232

Self-reactive solid type C

UN3224

Self-reactive solid type C, temperature controlled

UN3234

Self-reactive solid type D

UN3226

Self-reactive solid type D, temperature controlled

UN3236

Self-reactive solid type E

UN3228

Self-reactive solid type E, temperature controlled

UN3238

Self-reactive solid type F

UN3230

Self-reactive solid type F, temperature controlled

UN3240

Sodium

UN1428

13, 148

Sodium aluminum hydride

UN2835

13, 148

Sodium borohydride

UN1426

13, 148

Sodium dinitro-o-cresolate, wetted

UN3369

Sodium hydride

UN1427

13, 148

Sodium peroxide

UN1504

13, 148

Sodium phosphide

UN1432

13, 148

Stannic phosphide

UN1433

13, 148

Strontium peroxide

UN1509

13, 148

Strontium phosphide

UN2013

13, 148

Titanium powder, dry (PG I, II, and III)

UN2546

13, 148

Titanium sponge granules

Titanium sponge powders

UN2878

13, 147, 148

Titanium trichloride, pyrophoric

Titanium trichloride mixtures, pyrophoric

UN2441

13, 148

Toxic by inhalation liquid, water-reactive, n.o.s.

with an LC50 lower than or equal to 200 ml/m

and saturated vapor concentration greater than or equal to 500 LC50

UN3385

13, 148

Toxic by inhalation liquid, water-reactive, n.o.s.

with an LC50 lower than or equal to 1,000 ml/m

and saturated vapor concentration greater than or equal to 10 LC50

UN3386

13, 148

Toxic by inhalation liquid, water-reactive, flammable, n.o.s.

with an LC50 lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50

UN3490

13, 148

Toxic by inhalation liquid, water-reactive, flammable, n.o.s.

with an LC50 lower or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50

UN3491

13, 148

Toxic liquid, corrosive, inorganic, n.o.s. (PG I and II)

UN3289

Toxic liquid, inorganic, n.o.s. (PG I, II, and III)

UN3287

Toxic liquids, water-reactive, n.o.s. (PG I and II)

UN3123

13, 148

Toxic solid, corrosive, inorganic, n.o.s. (PG I and II)

UN3290

Toxic solid, inorganic, n.o.s. (PG I, II, and III)

UN3288

Toxic solids, water-reactive, n.o.s. (PG I and II)

UN3125

13, 148

Trifluoroacetic acid

UN2699

Trimethylacetyl chloride

UN2438

21, 100

Trinitrobenzene, wetted,

with not less than 10% water, by mass

UN3367

Trinitrobenzoic acid, wetted

with not less than 10% water by mass

UN3368

Trinitrobenzoic acid, wetted

with not less than 30 percent water, by mass

UN1355

Trinitrochlorobenzene (picryl chloride), wetted,

with not less than 10% water by mass

UN3365

Trinitrophenol (picric acid), wetted,

with not less than 10 percent water by mass

UN3364

Trinitrotoluene (TNT), wetted,

with not less than 10 percent water by mass

UN3366

Urea nitrate, wetted,

with not less than 10 percent water by mass

UN3370

Vinylpyridines, stabilized

UN3073

100

Water-reactive liquid, corrosive, n.o.s. (PG I, II, and III)

UN3129

13, 148

Water-reactive liquid, n.o.s. (PG I, II, and III)

UN3148

13, 148

Water-reactive liquid, toxic, n.o.s. (PG I, II, and III)

UN3130

13, 148

Water-reactive solid, corrosive, n.o.s. (PG I, II, and III)

UN3131

13, 148

Water-reactive solid, flammable, n.o.s. (PG I, II, and III)

UN3132

13, 148

Water-reactive solid, n.o.s. (PG I, II, and III)

UN2813

13, 148

Water-reactive, solid, oxidizing, n.o.s. (PG II and III)

UN3133

13, 148

Water-reactive solid, self-heating, n.o.s. (PG I, II, and III)

UN3135

13, 148

Water-reactive solid, toxic, n.o.s. (PG I, II, and III)

UN3134

13, 148

Zinc ashes

UN1435

13, 148

Zinc dithionite

r Zinc hydrosulfite

UN1931

13, 26, 123

Zinc peroxide

UN1516

13, 148

Zinc phosphide

UN1714

13, 148

Zinc powder

Zinc dust (PG I, II, and III)

UN1436

13, 148

Zirconium, dry,

coiled wire, finished metal sheets, strip (thinner than 254 microns but not thinner than 18 microns)

UN2858

13, 147, 148

Zirconium, dry,

finished sheets, strip or coiled wire

UN2009

13, 148

Zirconium powder, dry (PG I, II, and III)

UN2008

13, 148

Zirconium powder, wetted

with not less than 25 percent water (a visible excess of water must be present) (a) mechanically produced, particle size less than 53 microns; (b) chemically produced, particle size less than 840 microns

UN1358

13, 147, 148

Zirconium scrap

UN1932

13, 148

Appendix B to § 172.101

Appendix B to § 172.101 lists Marine Pollutants regulated under the HMR. In this NPRM, PHMSA is proposing to revise the List of Marine Pollutants by adding sixty-two new entries consistent with the IMDG Code. These changes are proposed to include those substances that, by virtue of meeting the Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) defining criteria for marine pollutants, were either assigned a “P” in the dangerous goods list or identified in the alphabetical index to amendment 37-14 of the IMDG Code. The entry “Chlorotoluenes (meta-;para-)” would be removed based on its removal from the IMDG Code.

Section 172.102 Special Provisions

Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. PHMSA is proposing the following revisions to § 172.102, special provisions:

Special Provision 28

Special provision 28 states that the dihydrated sodium salt of dichloroisocyanuric acid is not subject to the HMR. In this NPRM, PHMSA proposes to revise special provision 28 to convey that the dihydrated sodium salt of dichloroisocyanuric acid does not meet the definition of a Division 5.1 (oxidizer) and is not subject to the requirements of the subchapter unless it meets the criteria for inclusion in another Class or Division, such as Class 9, environmentally hazardous substance. Some formulations of the dihydrated sodium salt of dichloroisocyanuric acid meet the criteria for classification as an environmentally hazardous substance.

Special Provision 52

Special provision 52 authorizes use of the HMT entry “UN2067, Ammonium nitrate based fertilizer” for substances that do not exhibit explosive properties of Class 1 when tested in accordance with Test Series 1 and 2 of the UN Manual of Tests and Criteria, Part I. In this NPRM, PHMSA proposes to revise special provision 52 by removing the requirement to test in accordance with Test Series 1 because Test Series 2 determines whether such properties are indeed those of Class 1, not Test Series 1.

Special Provision 147

This special provision describes the composition of the material for which the use of the HMT entry “UN3375, Ammonium nitrate emulsion

Ammonium nitrate suspension

Ammonium nitrate gel,

intermediate for blasting explosives”

is authorized and prohibits the material from being classified and transported unless approved by the Associate Administrator. Special provision 147 requires that these substances must satisfactorily pass Test Series 8 of the UN Manual of Tests and Criteria, Part I, Section 18. Test Series 8 contains four test types. Tests 8(a), (b) and (c) are used for classification purposes while Test 8(d) is used to assess suitability for transport in portable tanks. The use of this entry (UN 3375) therefore requires only that Tests 8(a), (b) and (c) are satisfactorily passed. In this NPRM, PHMSA is proposing to revise special provision 147 by clarifying that Tests 8(a), (b) and (c), not the entire Test Series 8, are required for use in classification and subsequent approval by the Associate Administrator.

Special Provision 160

Special provision 160 is presently assigned to “UN3268, Air bag inflators,

Air bag modules,

Seat-belt pretensioners” in Class 9. Special provision 160 includes the requirement that air bag inflators and modules must be tested in accordance with Test series 6 (c) of Part I of the UN Manual of Tests and Criteria. In this NPRM, PHMSA is proposing to revise special provision 160 in conjunction with revising the proper shipping name for UN3268 to “Safety devices,

electrically initiated.”

The entry is revised to clarify that it applies to safety devices used in vehicles including vessels and aircraft, and pyromechanical devices that are added to the list of authorized devices. The development of safety products has seen significant progress since the introduction of UN3268 and the range of current products extends beyond what can presently be assigned to UN3268. Some of the newer safety products include elements that are actuated by the electrical signal of the crash sensor (e.g. pyromechanical devices). Examples include: Devices that interrupt the electrical connection in case of emergency by disconnecting the main power cable in the vehicle from the battery to prevent short circuit and consequentially minimize the risk of fire in the vehicle; and actuators which are used for active headrests or for pedestrian protection to release special hinges of the engine hood. In addition, PHMSA is proposing to clarify that this entry does not apply to life saving appliances described in § 173.219 (UN Nos. 2990 and 3072).

Special Provision 161

Special provision 161 required that for domestic transportation the alternate shipping description “

Articles, pyrotechnic for technical purposes”

be used to describe air bag inflators, air bag modules and seat-belt pretensioners (UN0503) meeting the criteria for a Division 1.4G explosive. This was done to ensure a different shipping name was used to describe these articles to differentiate them from air bag inflators, air bag modules and seat-belt pretensioners (UN3268) in Class 9. In this NPRM, PHMSA proposes, consistent with the UN Model Regulations, to adopt new proper shipping names for these items, “Safety devices” (UN3268) for these articles

assigned to Class 9, and “Safety Devices, pyrotechnic” (UN0503) for these articles assigned to Division 1.4G. Since the proper shipping names for these items would no longer the same, there would be no need to use a different proper shipping name for these articles assigned to Division 1.4G. Therefore the need for this special provision would be obsolete and we propose to delete it from the regulations and to delete its reference from the UN0503 entry in the HMT. Under this proposed revision, for domestic transportation, air bag inflators, air bag modules and seat-belt pretensioners (UN0503) meeting the criteria for a Division 1.4G explosive, that are currently described as “

Articles, pyrotechnic for technical purposes”

would be described as “Safety devices, pyrotechnic” (UN0503).

Special Provision 238

Special provision 238 addresses the shipment of neutron radiation detectors. In this NPRM, PHMSA proposes to revise special provision 238 to align with the UN Model Regulations special provision 373 by expanding the transport conditions for neutron radiation detectors and radiation detection systems containing such detectors. Paragraph a. is restructured into: (a)(1), General transport requirements; (a)(2), requirements for radiation detectors transported as individual components; and (a)(3), requirements for completed neutron radiation detection systems containing detectors. Consistent with the UN Model Regulations, PHMSA is proposing the following revisions to the transport conditions: [1] In (a)(1), increase the total amount of gas authorized per detector from 12.8 grams to 13 grams; clarify that the minimum burst pressure is demonstrated by design type qualification testing; and add a new leaktightness standard; [2] in (a)(2), clarify that in addition to being packed in a strong outer package, that the completed package must be capable of withstanding a drop of 1.8 meters (6-foot) without leakage of gas contents; and increase the total amount of gas from all detectors per outer packaging from 51.2 grams to 52 grams; and [3], in (a)(3), add a new requirement that for completed neutron radiation detection systems, the detectors must be contained in a strong sealed outer casing; and add a new requirement that the completed system must be capable of withstanding a 1.8 meter (6-foot) drop test without leakage unless a system's outer casing affords equivalent protection.

Special Provision 342

This special provision, assigned to “UN1040, Ethylene oxide

Ethylene oxide with nitrogen” allows sterilization devices containing ethylene oxide, conforming to the conditions in the special provision, and packaged in accordance with § 173.4a of the HMR to be offered for transportation and transported by all modes even though Column (9A) of the § 172.101 HMT lists the material as forbidden by passenger aircraft.

Consistent with the ICAO TI, in this NPRM, PHMSA is proposing to further clarify that irrespective of both Columns (9A) and (9B) of the § 172.101 HMT listing the material as forbidden, ethylene oxide conforming to the conditions in the special provision is eligible for air transport. Specifically, we are proposing to supplement the language in this special provision “irrespective of the restriction of § 173.4a(b)” with “and the indication of “forbidden” in columns (9A) and (9B) of the § 172.101 table.”

Special Provision 362

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. In this NPRM, PHMSA proposes to revise special provision 362 by adding a new paragraph (f) to clarify that chemicals under pressure containing components forbidden for transport on both passenger and cargo aircraft must not be transported by air.

Special Provision 367

A new special provision 367 is proposed to clarify that the proper shipping name “Paint related material” or “Printing ink related material” may be used for consignments of packages containing both “Paint” and “Paint related material” or “Printing Ink” and “Printing ink related material” in the same package and sharing the same identification number (UN 1210, UN 1263, UN 3066, UN 3469, or UN 3470). For example, “UN1263, Paint

including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler, and liquid lacquer base”

and “UN1263, Paint related material” contained in the same package, may be consigned under the entry “UN1263, Paint related material

including paint thinning, drying, removing, or reducing compound.”

Paint mainly consists of resin, pigment and solvent. Thinning compound consists of solvent as well. Thus under the same UN entry, there is no difference between “Paint” and “Paint related material” with regard to transport requirements.

Special Provision 368

In this NPRM, PHMSA proposes adding new special provision 368 and assigning it to “UN2910, Radioactive material, excepted package-limited quantity of material” to clarify that in the case of non-fissile or fissile-excepted uranium hexafluoride, the material must be classified under UN3507 or UN2978.”

Special Provision 369

The 18th Revised Edition of the UN Model Regulations has adopted a new proper shipping name of “UN3507, Uranium hexafluoride, radioactive material, excepted package,

less than 0.1 kg per package, non-fissile or fissile-excepted”,

to address small quantities of uranium hexafluoride containing corrosive properties, thus a new special provision is necessary in the HMR. In this NPRM, PHMSA proposes the assignment of special provision 369 to UN3507 to specify a primary hazard of Class 8 with subsidiary risk of Class 7, subject to certain conditions. The provisions in special provision 369 relating to conditions required when it is evident that packages have leaked are consistent with language proposed for inclusion in § 173.443(e) in HM-250 [Docket No. PHMSA-2009-0063]. PHMSA notes that if the proposed addition of these provisions in § 173.443(e) occurs, the portion of the text proposed in this NPRM referring to leaking packages may be replaced with a reference to § 173.443(e).

Special Provision 370

In this NPRM, PHMSA proposes adding new special provision 370 and assigning it to the revised HMT entry “UN0222, Ammonium Nitrate.” As a result of the comma placement in the descriptions for the two ammonium nitrate entries, UN1942 and UN0222, the manner in which the 0.2% combustible materials/substances level is calculated would lead to different analyses and different, non-comparable results. In conjunction with revising the proper shipping name for UN0222 by removing the qualifying text, in this NPRM, PHMSA is proposing a new special provision assigned to UN0222 to include the qualifying text previously attached to the proper shipping name and further clarify the criteria for use of this entry by stipulating the following conditions: (1) Ammonium nitrate with more than 0.2% combustible substances, including any organic

substance calculated as carbon, to the exclusion of any added substance; or (2) ammonium nitrate with not more than 0.2% combustible substances, including any organic substance calculated as carbon, to the exclusion of any added substance, that gives a positive result when tested in accordance with Test Series 2 of the UN Manual of Tests and Criteria, Part I.

Special Provision 371

In this NPRM PHMSA proposes adding a new special provision 371 and assigning it to “UN3164, Articles, pressurized pneumatic

hydraulic

containing non-flammable gas.”

This special provision sets forth the requirements for confetti-shooters pressurized with gas instead of pyrotechnics. The shooter consists in principle, of a jacket of cardboard, the pressurized receptacle filled with compressed air or nitrogen, a lock mechanism made of plastics, a plug of rubber and a metal cap for closing the receptacle and different types of confetti. By turning a ring, or the bottom part of the shooter, a mechanism is unlocked and the pressurized gas is discharged so that the confetti is shot away for a few meters. This type of shooter does not contain any amount of explosives and therefore cannot be assigned to Class 1, and does not meet the requirements for gas cartridges or small pressure receptacles. The requirements set forth in the special provision ensure the same level of safety as for confetti-shooters with pyrotechnics.

Special Provision 372

In this NPRM, PHMSA proposes adding new special provision 372 and assigning it to the new HMT entry “UN3508, Capacitor, asymmetric.” This special provision states that this entry applies to asymmetric capacitors with an energy storage capacity greater than 0.3 watt hours (Wh) and that asymmetric capacitors with an energy storage capacity of 0.3 Wh or less are not subject to the requirements of this subchapter. This special provision also provides that nickel-carbon asymmetric capacitors containing Class 8 alkaline electrolytes must be transported as UN 2795, Batteries, wet, filled with alkali, electric storage.

Special Provision A60

Special provision A60 permits “UN2014, Hydrogen peroxide, aqueous solution,” to be transported in excepted quantities. The special provision authorizes packagings to include a vent to permit the slow escape of gas (i.e. not more than 0.1 mL/hour per 30 mL inner packaging at 20 °C (68 °F) produced from gradual decomposition. As venting is permitted, the requirements of §§ 173.24(g)(1) and 173.27(c) are impracticable and should not apply. To address the issue, the ICAO DGP adopted a proposal to clarify these general requirements prohibiting venting should not be applicable. In this NPRM, we are proposing to harmonize with the ICAO TI with regard to waiving the general requirements of §§ 173.24(g)(1) and 173.27(c). Special provision A60 is revised accordingly.

Special Provision A61

In this NPRM, PHMSA proposes adding new special provision A61 and assigning it to the to the HMT entries “UN 3107, Organic peroxide type E, liquid” and “UN 3109, Organic peroxide type F, liquid.” PHMSA proposes to align with Packing Instruction 570 of the ICAO TI to allow for limited venting of oxygen in the case of specialized peroxyacetic acid packagings when transported by cargo aircraft provided the packaging requirements of this special provision are met. It was reported to the ICAO DGP that peroxyacetic acid was commonly used as a sterilizer for health care purposes and that there is a need to transport the material by air for use in sterilizing medical equipment using custom packagings. The basis for the requirements that these specialized packagings must meet originated from exemptions to permit the transport of this substance in small containers approved by appropriate national authorities in four States. The inclusion of this new special provision will eliminate the need for these exemptions and facilitate international transport.

IBC Codes and IP Codes

The introductory paragraph (c)(4) states that packagings are authorized for the Packing Group III entries of specific proper shipping names when either Special Provision IB3 or IB8 is assigned to that entry in the § 172.101 Table. When no IB code is assigned in the § 172.101 Table for a specific proper shipping name, or in § 173.225(e) Organic Peroxide Table for Type F organic peroxides, use of an IBC or Large Packaging for the material may be authorized when approved by the Associate Administrator.

In this NPRM, PHMSA proposes to revise the introductory paragraph (c)(4) by adding a reference to § 173.185, preceding the reference to § 173.225(e), thereby authorizing the use of Large Packagings for lithium batteries without assigning IB3 or IB8 to the corresponding entries in the § 172.101 Table. See

Section 173.185 Lithium batteries

for a detailed discussion of the proposed a use of rigid large packagings for lithium batteries.

In two final rules published in the

Federal Register

on January 19, 2011 (76 FR 3308; HM-215K) and January 7, 2013 (78 FR 988; HM-215L) the Table 1 (IBC Codes) in paragraph (c)(4) were editorially revised to remove UN Specifications 31A, 31B, 31N, 31H1, 31H2, 31HZ1, and 31HZ2 from IBC Codes IB4 through IB8. The revisions were 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, 31N, 31H1, 31H2, 31HZ1, and 31HZ2 are authorized for transportation of liquids in IBC Codes IB1 through IB3 and are assigned to liquid materials only. Information presented to the UN Committee of Experts on the Transport of Dangerous Goods (UNCOE) in this last biennium indicated that the removal of the above UN Specifications from IBC Codes IB4 through IB8 has created a problem. Prior to implementation of these revisions, certain liquid IBC types were used to transport powdery solids and solids that become liquid under conditions of transport. These solids may be loaded and unloaded from the IBC in liquid form raising the question of whether the remaining IBC's, which are intended for gravity or pressure discharge, are appropriate. The UN sub-committee adopted a proposal to reinstate the IBC's that were previously authorized. In this NPRM, we are proposing to harmonize with the UN Model Regulations by revising the IBC Codes IB4 through IB8 in paragraph (c)(4), the Table 1 (IBC Codes) to reinstate IBC's previously authorized.

A new IP Code 16 is added and assigned to UN3375. Consistent with international regulations, this special provision would authorize require IBCs of type 31A and 31N if approved by the Associate Administrator.

Special Provision TP47

In this NPRM, PHMSA proposes adding new special provision TP47 and assigning it to the organometallic substance HMT entries UN3393 through UN3399. The special provision waives the 2.5 year internal inspection for portable tanks used for the transport of liquid and solid organometallic substances provided that the portable tank remains in the dedicated service of transporting organometallic substances. However, all other required 2.5 year inspections and tests would still be

performed, as well as the full 5 year periodic test and inspection, which would include an internal inspection.

This special provision is added for the following reasons. Before an internal inspection can be performed, the tank must be cleaned and purged. In this process, it is difficult to ensure that all water or other impurities or contaminants introduced during the cleaning are fully removed before organometallic substances are again introduced into the tank potentially resulting in a dangerous reaction or have an effect on the purity of the product. Since these organometallic substances are fully compatible with, and, in particular, are not corrosive to the materials of construction used in such tanks, the likelihood that an internal inspection will reveal any corrosion, pitting or other deterioration of the tank is unlikely. In order to increase safety and avoid the risk of a dangerous reaction or product contamination the 2.5 year internal inspection is waived, provided the portable tank remains in the dedicated service of transporting organometallic substances and the tank does exhibit damaged or corroded areas, or leakage, or other conditions that indicate a deficiency in accordance with § 180.605(f).

Section 172.315

To promote the uniformity of markings, the UN Model Regulations have adopted revisions to clarify and standardize the specifications for limited quantity marking, including the air limited quantity marking. In this NPRM, PHMSA is proposing to revise the specifications for the limited quantity markings prescribed in § 172.315(a)(2) and (b)(2) to be consistent with the revised specifications for these markings in the UN Model Regulations. Also consistent with the UN Model Regulations, we propose to allow manufacturers and printers necessary time to retool to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings. PHMSA proposes a transitional period to authorize a limited quantity marking that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016.

Section 172.317

To promote the uniformity of the “Keep Away From Heat” handling mark throughout the international transportation community, revisions have been adopted in the ICAO Technical Instructions to clarify and standardize the specifications for this hazard communications element. In this NPRM, PHMSA is proposing to revise the specifications for the “Keep Away From Heat” handling mark prescribed in § 172.317(b) to be consistent with the revised specifications for this marking in the ICAO TI. Also, we propose to allow manufacturers and printers necessary time to retool to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings. Thus we propose a transitional period to authorize a “Keep Away From Heat” handling mark that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016.

Section 172.322

In this NPRM, PHMSA is proposing to clarify in § 172.322(a)(2) and (b), that the marking requirements for marine pollutants are required unless otherwise provided for in the regulations.

In § 172.322 paragraph (e) PHMSA is proposing to delete the obsolete date of January 14, 2010 for the requirements for the marine pollutant mark.

To promote the uniformity of the marine pollutant mark throughout the international transportation community, the UN Model Regulations have adopted revisions to clarify and standardize the specifications for this hazard communications element. In this NPRM, PHMSA is proposing to revise the specifications for the marine pollutant mark prescribed in § 172.322(e) to be consistent with the revised specifications for this marking in the UN Model Regulations. Also, to allow manufacturers and printers necessary time to retool to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings, we propose a transitional period to authorize a marine pollutant mark that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016.

Section 172.327

To promote the uniformity of markings, in this NPRM, PHMSA is proposing to revise and clarify the specifications for the “petroleum sour crude oil” mark prescribed in § 172.327(a) to be consistent with the revised specifications for markings in the UN Model Regulations. Also, to allow manufacturers and printers necessary time to retool to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings, we propose a transitional period to authorize a “petroleum sour crude oil” mark that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016.

Section 172.407

To promote the uniformity of hazard communications labels throughout the international transportation community, revisions have been adopted in the UN Model Regulations to clarify and standardize the specifications for labels. In this NPRM, PHMSA is proposing to revise the specifications for labels prescribed in § 172.407(a) to be consistent with the revised specifications for labels in the UN Model Regulations. In addition, PHMSA is proposing to revise the (d)(2)(iii) that provides a color alternative for the symbol on the ORGANIC PEROXIDE LABEL to be consistent with the UN Model Regulations. Also to be consistent with the UN Model Regulations, and to allow manufacturers and printers necessary time to retool to produce labels that conform to the revised specifications, and to allow for the depletion of supplies of existing labels, we propose a transitional period to authorize a label that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016.

Finally, PHMSA is proposing to add paragraph (d)(2)(iv) to permit, consistent with the UN Model Regulations, a FLAMMABLE GAS label to be displayed on cylinders and gas cartridges for liquefied petroleum gases, where the symbol may be shown in the background color of the receptacle if adequate contrast is provided.

Section 172.512

The placarding requirements for freight containers and aircraft unit load devices are described in § 172.512. The reference in § 172.512(a)(3) to part 7; chapter 2, section 2.7 of the ICAO TI in this paragraph is inaccurate. This reference became inaccurate in the 2013-2014 Edition of the ICAO TI where the ICAO DGP re-designated part 7; chapter 2; section 2.6 as a new requirement for visibility of labels, moving all subsequent sections up. Part 7; chapter 2, section 2.7 of the ICAO TI now refers to replacement of labels, whereas section 2.8 refers to identification of unit load devices containing dangerous goods. PHMSA is revising this paragraph for the correct

reference to cite part 7; chapter 2, section 2.8.

Section 172.519

To promote the uniformity of hazard communications placards throughout the international transportation community, revisions have been adopted in the UN Model Regulations have adopted revisions to clarify and standardize the specifications for placards. In this NPRM, PHMSA is proposing to revise the specifications for placards prescribed in § 172.519(c) to be consistent with the revised specifications for labels in the UN Model Regulations. Additionally, to allow manufacturers and printers necessary time to retool to produce placards that conform to the revised specifications, and to allow for the depletion of supplies of existing placards, a transitional period is proposed. This transitional period would authorize a placard that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016. Finally, PHMSA realizes that in domestic transportation, numerous placards of a semi-permanent nature are in service. PHMSA is proposing that for domestic transportation, a placard manufactured prior to January 1, 2017, in conformance with the requirements of the regulations in effect on October 1, 2012, may continue in service until the end of its useful life provided the color tolerances are maintained and are in accordance with the display requirements of the subchapter.

Part 173

Section 173.2a

Section 173.2a outlines classification requirements for materials having more than one hazard. In this NPRM, PHMSA is proposing to amend paragraph (a)(1) to note that shipments of uranium hexafluoride, radioactive material, excepted package, less than 0.1 kg per package are not required to apply the radioactive hazard as the primary hazard. This change is being proposed to incorporate the transportation provisions for excepted packages of uranium hexafluoride adopted in the 18th Revised Edition of the UN Model Regulations, the IMDG Code and the ICAO TI.

Section 173.3

To promote the uniformity of hazard communications markings throughout the international transportation community, the UN Model Regulations have adopted revisions to clarify and standardize the specifications for placards. In this NPRM, PHMSA is proposing to revise the specifications for markings for salvage packagings prescribed in § 173.3(c)(3); salvage cylinders prescribed in § 173.3(d)(3); and to prescribe requirements for the marking of the proposed large salvage packaging in § 173.3(f) to be consistent with the revised specifications for salvage packaging markings in the UN Model Regulations. Also, to be consistent with the UN Model Regulations, and to allow shippers necessary time to implement the new marking requirements, we propose a transitional period to authorize a marking that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016. Finally, PHMSA realizes that in domestic transportation numerous salvage and salvage cylinder markings are in service that are of a more permanent nature. In recognition of this PHMSA is proposing that for domestic transportation, a salvage packaging or a salvage cylinder that is permanently marked prior to January 1, 2017 in conformance with the requirements of the regulations in effect on October 1, 2012, may continue in service until the end of its useful life.

Also PHMSA is proposing to add a new paragraph (f) to § 173.3 authorizing and prescribing the use of large salvage packaging for all modes of transportation other than air.

Section 173.4a

To promote the uniformity of markings, throughout the international transportation community, the UN Model Regulations have been revised to clarify and standardize the specifications for the excepted quantities marking. In this NPRM, PHMSA is proposing to revise the specifications for the excepted quantities marking prescribed in § 173.4a(g)(2) to be consistent with the revised specifications for these markings in the UN Model Regulations. Also consistent with the UN Model Regulations, we propose to allow manufacturers and printers necessary time to retool to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings, a transitional period is being proposed to authorize an excepted quantities marking that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016.

Section 173.9

To promote the uniformity of markings, UN Model Regulations have been revised to clarify and standardize the specifications for the fumigant marking. In this NPRM, PHMSA is proposing to revise the specifications for the fumigant marking prescribed in § 173.9(e) to be consistent with the revised specifications for these markings in the UN Model Regulations. Also consistent with the UN Model Regulations, to allow manufacturers and printers necessary time to retool to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings, we propose a transitional period to authorize a fumigant marking that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016.

Section 173.11

In this NPRM, PHMSA proposes to add a new § 173.11 providing exceptions to the regulations for certain lamps containing hazardous materials based on their transport conditions, the quantity of hazardous materials contained in each lamp or package, and the type of packaging. This proposed new section is consistent with newly adopted provisions in the UN Model Regulations.

Section 173.24

In this NPRM, PHMSA proposes to revise § 173.24 to authorize the use of supplementary packagings within an outer packaging (e.g., an intermediate packaging or a receptacle inside a required inner packaging) in addition to what is required by the regulations provided all applicable requirements are met and, if appropriate suitable cushioning is used to prevent movement within the packaging. This proposed revision is consistent with newly adopted provisions in the UN Model Regulations.

Section 173.25

To promote the uniformity of markings, the UN Model Regulations have been revised to clarify and standardize the specifications for the overpack marking. In this NPRM, PHMSA is proposing to revise the specifications for the overpack marking prescribed in § 173.25(a)(4) to be consistent with the revised specifications for these markings in the UN Model Regulations. Also consistent with the UN Model Regulations, to allow manufacturers and printers necessary time to retool to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings, we propose a transitional

period to authorize an overpack marking that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016.

Section 173.62

Consistent with the UN Model Regulations, in this NPRM, PHMSA is proposing to revise § 173.62 relating to specific packaging requirements for explosives as follows:

In paragraph (b), in the Explosives Table, the entry for UN0222 is revised to expand the packaging authorizations to include Packing Instruction 117 in addition to the existing Packaging Instructions 112(b) and 112(c).

In paragraph (c), in the Table of Packing Methods, Packing Instruction 116 would be revised to delete provision 5, which states that woven plastic bags (5H2 or 5H3) must be used only for UN 0082, 0241, 0331 and 0332. Packing Instruction 117 would be revised to add provision 5 which states, “For UN0222, when other than metal or rigid plastics IBCs are used, they must be offered for transportation in a closed freight container or a closed transport vehicle.”; and provision 6 which states, “For UN0222, flexible IBCs must be sift-proof and water-resistant or must be fitted with a sift-proof and water-resistant liner.” Packing Instructions 131 and 137 would be revised to expand the authorization for outer packagings to include solid plastic boxes (4H2).

Section 173.115

Section 173.115 prescribes the definitions for Class 2 materials. In this NPRM a new paragraph (m) is proposed to define the term “Adsorbed gas”. The term means a gas which when packaged for transport is adsorbed onto a solid porous material resulting in an internal receptacle pressure of less than 101.3 kPa at 20 °C and less than 300 kPa at 50 °C.

Currently the HMR do not prescribe requirements for the transport of adsorbed gases. In this NPRM, PHMSA is proposing to adopt various transportation requirements for adsorbed gases. Prior to adoption of such standards, the term “Adsorbed gas” must be defined. Therefore in this NPRM we are proposing to adopt the above definition of an adsorbed gas based on the definition found in the 18th Revised Edition of the UN Model Regulations, the IMDG Code and the ICAO TI.

Section 173.121

Section 173.121 prescribes the requirements for the selection of packing groups for Class 3 flammable liquids. Paragraph (b) of this section describes the criteria for inclusion of viscous Class 3 materials in Packing Group III. Paragraph (b)(1)(ii) currently states that the mixture cannot contain any substances with a primary or subsidiary risk of Division 6.1 or Class 8. In this NPRM, PHMSA proposes to revise paragraph (b)(1)(ii) to clarify that a mixture or any separated solvent cannot contain any substances with a primary or subsidiary risk of Division 6.1 or Class 8. This proposed change is consistent with the current language in the 18th Revised Edition of the UN Model Regulations, the IMDG Code and the ICAO TI.

Section 173.127

In this NPRM, PHMSA is proposing to revise § 173.127(a) to authorize an alternative test for assigning packing groups to Division 5.1 oxidizing solids. The proposed test is in addition to the currently authorized test using potassium bromate. The alternative test uses calcium peroxide as a reference substance which is neither carcinogenic nor as acutely toxic as potassium bromate. In addition, the proposed alternative test replaces the highly subjective visual determination of the burning time with a gravimetric determination of the burning rate. This change is consistent with the test adopted into the UN Model Regulations.

Section 173.151

Section 173.151 provides exceptions for Class. In this NPRM PHMSA is proposing to revise paragraph (b) to replace a pre-existing paragraph (b)(2) relating to exceptions for charcoal briquettes (NA1361) that was inadvertently deleted in the final rule dated January 7, 2013 (HM-215K; 78 FR 1101).

Section 173.161

Section 173.161 prescribes packaging requirements for chemical kits and first aid kits that contain small amounts of hazardous materials. Paragraph (b)(2) contains the requirement that “The packing group assigned to the chemical kit and first aid kit as a whole must be the most stringent packing group assigned to any individual substance in the kit.” This requirement creates problems for shippers and air transport acceptance personnel because it does not specify what must be shown for the packing group on the shipping paper or what packaging standard must be applied to kits containing hazardous materials to which no packing group is assigned. In this NPRM, PHMSA is proposing to revise paragraph (b)(2) to require that for kits containing only hazardous materials to which no packing group is assigned, a packing group need not be indicated on the shipping paper although such packagings shall meet the Packing Group II performance level.

Section 173.164

Section 173.164 prescribes requirements for the transportation of Mercury (metallic and articles containing mercury). In this NPRM, PHMSA is eliminating the existing exception for lamps containing mercury in paragraph (b)(5). This paragraph will be redundant and unnecessary since this exception will be covered in the proposed new § 173.11 relating to exceptions for shipment of lamps containing hazardous materials.

Section 173.166

Section 173.166 prescribes requirements for the transportation of air bag inflators, air bag modules and seat-belt pretensioners, UN3268 and UN0503. Due to technological developments, new safety devices for vehicles are becoming available. The devices include pyromechanical devices that meet the definition of a hazardous material but are not accurately described by the proper shipping names Air bag inflators, Air bag modules, or Seat-belt pretensioners. The proper shipping name for these devices has been revised in the UN Model Regulations to “Safety devices,

electrically initiated

” for UN 3268 and “Safety devices, pyrotechnic” for UN0503. Consistent with the UN Model Regulations, in this NPRM, PHMSA is proposing to adopt these revised proper shipping names and revise § 173.166 to adopt the term “Safety Devices” for these items. An entry for the existing proper shipping name “Air bag inflators, or Air bag modules, or Seat-belt pretensioners” has been left in the § 172.101 Hazardous Materials Table to direct the reader to the new proper shipping names “Safety devices,

electrically initiated

” and “Safety devices, pyrotechnic.”

Also, the current § 173.166(b)(1)(iv) provides that under certain conditions a Class 9 (UN3268) air bag inflator, air bag module, or seat-belt pretensioner design is not required to be submitted to the Associate Administrator for approval or assigned an EX number. Air bag inflators, air bag modules, and seat-belt pretensioners have a long history of safety in their design and manufacture. However, new types of safety devices such as pyromechanical devices do not yet have an established history. Therefore in the interest of safety PHMSA is proposing not to extend this

exception to all Class 9 safety devices but only maintain this exception for air bag inflators, air bag modules, and seat-belt pretensioners and still require that other types of safety devices, such as pyromechanical devices, that are candidates for Class 9 be submitted to the Associate Administrator for approval or assigned an EX number. Finally, in this NPRM, PHMSA proposes to add a new paragraph (d)(5) to § 173.166 to permit the continued transportation of an air bag inflator, air bag module, or seat-belt pretensioner that was classed and approved for transportation prior to January 1, 2015 under the terms of the existing approval, using the proper shipping name “Safety Devices” or “Safety Devices, Pyrotechnic” as appropriate.

Section 173.167

Section 173.167 prescribes the requirements for consumer commodities intended for air transportation. In this NPRM, PHMSA is proposing to revise the drop test requirements in (a)(4) by including the criteria for passing the test. A completed consumer commodity package will be considered to have passed the drop test if the outer packaging does not exhibit any damage liable to affect safety during transport and there is no leakage from the inner packaging(s).

Section 173.176

Section 173.176 addresses capacitors by prescribing the testing, marking, safety, and packaging requirements for electric double layer capacitors with energy storage capacity greater than 0.3 watt hours (Wh). In this NPRM, PHMSA is proposing to revise section 173.176 to include provisions for asymmetric capacitors in accordance with the new HMT entry “UN3508, Capacitor, asymmetric

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

In addition, paragraph (a)(5) presently requires that capacitors must be marked with the energy storage capacity in Wh. As many pre-existing capacitors do not have Wh marking they are not permitted to be transported even when all other requirements of this section are met. In this NPRM, PHMSA is proposing to amend paragraph (a)(5) to require that the Wh marking is required for non-asymmetric capacitors manufactured after December 31, 2013 and for asymmetric capacitors manufactured after December 31, 2015.

Section 173.181

Section 173.181 prescribes the non-bulk packaging requirements applicable to pyrophoric liquids. On January 7, 2013, PHMSA published final rule PHMSA-2012-0027 (HM-215L) [78 FR 987] 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. In that final rule PHMSA revised paragraphs (b) and (c) to add authorizations for additional authorized packagings for these materials. Paragraphs (c) 1-3 were inadvertently deleted due to an incorrect amendatory instruction and in this NPRM PHMSA is proposing to place paragraphs (c) 1-3 back into § 173.181 as they were prior to the publication of HM-215L. It was never PHMSA's intention to remove these important safety provisions for the transport of pyrophoric liquids, and we ask individuals who package and offer these materials to continue to abide by these requirements pending their reinsertion in the HMR.

Section 173.185

In this NPRM, PHMSA is proposing to add paragraph (b)(6) and revise paragraph(f)(3) to authorize and prescribe the use of a large packaging for a single large lithium battery or a battery contained in equipment. This authorization does not include transportation by aircraft. The proposed addition of this packaging type into this section is consistent with provisions for lithium batteries in the UN Model Regulations.

The ICAO DGP took a decision during the most recent biennium to remove the alternative written documentation option in Section IB of ICAO Packing Instructions 965 and 968 and instead require a standard transport document (shipping paper). Section IB is applicable to packages that exceed the number or quantity (mass) limits for smaller lithium batteries in Section II of Packing Instructions 965 and 968 excepting such packages from specification packaging requirements when containing no more than 2.5 kg of lithium metal cells or batteries or 10 kg of lithium ion cells or batteries per package. As this revision will appear in the 2015-2016 Edition of the ICAO TI, in this NPRM PHMSA is proposing to amend paragraph (c)(4)(v) to require a shipping paper for these packages containing no more than 2.5 kg of lithium metal cells or batteries or 10 kg of lithium ion cells or batteries per package. PHMSA is seeking input as to the costs and benefits of harmonizing the provisions of the HMR with the provisions of the ICAO Technical Instructions by requiring shipping papers as opposed to alternative documentation. PHMSA also solicits comments on the costs and benefits of maintaining a domestic difference within the HMR to continue to allow the use of the alternative documentation in lieu of a shipping paper as required by the ICAO Technical Instructions.

The ICAO Working Group on Lithium Batteries, at their April 2014 meeting, forbid the shipment of lithium metal cells and batteries as cargo on passenger aircraft with the exception of lithium metal cells and batteries packed with or contained in equipment not exceeding 5 kg net weight. This prohibition of lithium metal batteries as cargo on passenger aircraft is consistent with current HMR requirements. As a consequence to this prohibition, Section II of Packing Instruction 968 in the ICAO TI was amended to require shipments of small lithium metal cells and batteries to display the “CARGO AIRCRAFT ONLY” label where previously only a lithium battery handling marking was required. Presently under the HMR, a package containing such lithium metal cells or batteries as provided in § 173.185(c)(1)(iii), is required to be marked “PRIMARY LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” or “LITHIUM METAL BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT.” Following the change to the ICAO TI, the present text marking will now be redundant for international shipments. In this NPRM, PHMSA is proposing to provide an alternative to the existing marking requirement in § 173.185(c)(1)(iii) with the option to display a “CARGO AIRCRAFT ONLY” label. This allowance to either utilize the current marking or the “CARGO AIRCRAFT ONLY” label will provide shippers with the flexibility to utilize supplies of preprinted markings or packagings, while also allowing shippers to transition to the use of the “CARGO AIRCRAFT ONLY” if desired.

Section 173.199

To promote the uniformity of markings, the UN Model Regulations have been revised to clarify and standardize the specifications for the square-on-point marking for Category B infectious substances. In this NPRM, PHMSA is proposing to revise the specifications for the Category B infectious substance marking prescribed in § 173.199(a)(5) to be consistent with the revised specifications for these markings in the UN Model Regulations. Also consistent with the UN Model Regulations, to allow manufacturers and

printers necessary time to retool to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings, we propose a transitional period to authorize a Category B infectious substance marking that is in conformance with the requirements of the regulations in effect on October 1, 2012, to be used until December 31, 2016.

Section 173.225

Section 173.225 prescribes packaging requirements and other provisions for organic peroxides. In this NPRM, PHMSA is proposing to revise the Organic Peroxide Portable Tank Table in paragraph (g). PHMSA proposes to revise the entry in the second column of the table pertaining to the hazardous material “Peroxyacetic acid, distilled, stabilized, not more than 41%” to include a Note 1, that a ““Corrosive” subsidiary risk placard is required.” The proposed adoption of this requirement is consistent with the requirements in the UN Model Regulations.

Section 173.231

Currently, the § 172.101 HMT Column (8B) and (8C) packaging authorization for Ammonium nitrate emulsion, suspension, or gel, UN3375, directs the reader to § 173.214 which requires that packagings and method of shipment must be approved by the Associate Administrator prior to the first shipment. In this NPRM, PHMSA is proposing to add a new § 173.231 titled “Ammonium nitrate emulsion, suspension or gel” and assigned this section to UN3375 to authorize and prescribe the use of packagings for this material. The requirements of the proposed new section are consistent with the requirements in the UN Model Regulations.

Section 173.301b

In this NPRM, PHMSA is proposing to revise paragraph (c) relating to pressure receptacle valve requirements to include that a valve manufactured on or before December 31, 2008, conforming to the requirements in ISO 10297:1999 is authorized. This proposed revision is consistent with the requirements in the UN Model Regulations.

Section 173.302

In this NPRM, PHMSA is proposing to adopt the new UN Model Regulation requirements for the transportation of adsorbed gases in cylinders. This section specifies requirements for the filling of cylinders with non-liquefied (permanent) compressed gases. PHMSA is proposing to amend the title of this section and to amend paragraph (a) to include and specify requirements for the transportation of adsorbed gases.

Section 172.302c

In this NPRM, PHMSA is proposing to add a new § 173.302c to adopt the new authorization in the UN Model Regulations for the transportation of adsorbed gases in UN pressure receptacles. The proposed adoption of these requirements into this new section is consistent with the requirements in the UN Model Regulations.

Section 173.307

Section 173.307 provides exceptions from the regulations for compressed gases. In this NPRM, PHMSA is proposing to revise paragraph (a)(5) relating to manufactured articles or apparatuses to clarify that the exception for manufactured articles does not include lamps. The exceptions for lamps are contained in the proposed new § 173.11 relating to exceptions for shipment of lamps containing hazardous materials. Also, we are proposing to revise paragraph (a)(6) relating to light bulbs to clarify that the exceptions does not apply to lamps as described in the proposed new § 173.11 relating to exceptions for shipment of lamps containing hazardous materials.

Section 173.309

Section 173.309 prescribes requirements for fire extinguishers. In this NPRM, we are proposing to add a new introductory paragraph describing fire extinguisher types authorized for transport in accordance with this section and covered by the HMT entry “UN1044, Fire extinguishers.”

Section 173.403

Consistent with the UN Model regulations, in this NPRM, PHMSA is proposing to revise two definitions in § 173.403 relating to the transportation of Class 7 (Radioactive Materials). “Exclusive Use” is being revised to clarify that it also applies to the shipment of the load and that exclusive use only applies when compliance is required by the regulations. “Freight Container” is being revised to eliminate the requirement that a “small freight container” has one outer dimension less than 1.4 m (4.9 feet).

Section 173.420

Section 173.420 prescribes the transport conditions for Uranium hexafluoride. In this NPRM PHMSA is proposing to amend paragraph (d) which provides the requirements for shipments of uranium hexafluoride in quantities less than 0.1 kg to incorporate changes made by the IAEA in SSR-6 that were subsequently incorporated in the UN Model Regulations. In this NPRM PHMSA is proposing to amend this paragraph to note that fissile-excepted shipments less than 0.1 kg may be offered under UN3507. PHMSA is proposing to amend the requirements for these shipments to align with IAEA SSR-6 requirements, while maintaining general packaging requirements from §§ 173.24 and 173.24a.

Part 175

Section 175.9

Section 175.9 prescribes the applicability of the HMR to special aircraft and rotocraft operations. This section also prescribes the conditions under which certain operations may be performed in accordance with 14 CFR and 49 CFR (e.g., avalanche and weather control). Consistent with the ICAO TI, in this NPRM, PHMSA is proposing to revise paragraphs (b)(6) and (b)(6)(v) by including “ice jam control” and “landslide clearance” for operations where explosives are used in a similar manner to avalanche control.

Section 175.10

Section 175.10 specifies the conditions for which passengers, crew members, or an operator may carry hazardous materials aboard an aircraft. Consistent with revisions to the ICAO TI, in this NPRM, PHMSA is proposing several revisions to this section.

PHMSA is proposing to revise paragraph (a)(11), applicable to passenger provisions for self-inflating life jackets, to include different types of self-inflating personal safety devices in order to account for those carried by, but not limited to, motorcycle and horseback riders. In addition, PHMSA is clarifying that a passenger is limited to one self-inflating safety device, in addition to two spare cartridges, and is requiring that both the safety device and spares be packed in such a manner that they cannot be accidently activated.

PHMSA is proposing to add a new subparagraph (a)(18)(iv) to clarify that articles containing lithium metal or lithium ion cells or batteries, with a primary function to provide power to another device, must carried as spare batteries in accordance with the provisions of this paragraph.

PHMSA is proposing to revise paragraph (a)(24), applicable to small cartridges for other devices, by amending the phrase “small cylinders” to the more appropriate phrase “small cartridges,” and restricting the carriage of small gas cartridges to only those without a subsidiary risk. The existing

operator approval requirement was moved to make it more clearly align with the ICAO TI.

Section 175.25

Section 175.25 prescribes the notification that operators must provide to passengers regarding restrictions on the types of hazardous material they may or may not carry aboard an aircraft on their person or in checked or carry-on baggage. Consistent with revisions to the ICAO TI, in this NPRM, PHMSA is proposing to revise paragraph (b) as follows: (1) For all ticket purchases, clarify that the hazardous materials notification must be presented at the point of ticket purchase, or if this is not practical, made available to passengers in another manner prior to the check-in process and; (2) for such internet purchases, require that the final ticket purchase cannot be completed until the passenger or a person acting on the passenger's behalf has been presented with this information, in addition to the existing requirement to indicate that they understand the restrictions on hazardous materials in baggage. In this NPRM, PHMSA is proposing to revise paragraph (c) as follows: (1) Replace the text “provided” with “presented” to make it clear that passengers must see information on the types of hazardous material forbidden to be transported before proceeding with check-in. It was reported that some operators published the required information in areas on a Web site that were not always visible to the passenger, believing that this met the requirement of being “provided” and; (2) require that the check-in process cannot be completed until the passenger or a person acting on the passenger's behalf has been presented with the hazardous materials information, in addition to the existing requirement to indicate that they understand the restrictions on hazardous materials in baggage.

In paragraphs (b) and (c) PHMSA is proposing to remove the present effective dates of January 1, 2015 and the word “phone” used as an example of a ticket purchase or check-in completed remotely. Furthermore, PHMSA is proposing to remove the words “regardless if the process is completed remotely (e.g., via the Internet and Phone) or when completed at the airport, with or without assistance from another person (e.g., automated check in facility)” in order to bring paragraph (b) into full alignment with 7;5.1.1 of the ICAO TI. By removing the examples in conjunction with other revisions to paragraph (b) it is now clear that passenger notification is required for all ticket purchases; however, for assisted ticket purchase transactions via the telephone the hazardous material information may be provided to the passenger using any suitable method prior to the check-in process and passenger acknowledgement is not required. These revisions represent full harmonization with the ICAO TI and additional flexibility in meeting the passenger notification requirements and, therefore, the previous effective date of January 1, 2015 will be waived as of publication of the rule.

In addition, the revision proposed in this NPRM providing clarification for ticket purchases made via the telephone, permitting the hazardous materials notification to be made available in another manner to passengers prior to the check-in process, is consistent with a petition for rulemaking (P-1623) filed by COSTHA.

Section 175.30

Section 175.30 prescribes inspection procedures for operators. Paragraph (e)(1) prohibits an overpack from containing a package bearing the “CARGO AIRCRAFT ONLY” label unless certain conditions are met and that the overpack affords clear visibility of and easy access to the package contained within. In this NPRM, PHMSA is proposing to remove paragraph (e)(1) consistent with revisions made to the ICAO TI in which current provisions require accessibility to the overpack when loaded aboard an aircraft, not the individual packages contained within, making reference to packages redundant. As the loading requirements in § 175.75(d)(1) require a package bearing the “CARGO AIRCRAFT ONLY” label to be accessible once loaded on the aircraft, but do not require they are visible, the requirements in (e)(1) place an unnecessary burden on offerers without any additional safety function in the loading process.

Paragraph (a)(5) states that no person may accept for transportation aboard an aircraft shipments of lithium batteries described with an alternative written document authorized in § 173.185(c)(4)(v). The proposed removal of the alternative written document from § 173.185(c)(4)(v) necessitates the removal of this paragraph.

Section 175.33

Section 175.33 establishes requirements for shipping papers and for the notification of the pilot-in-command when hazardous materials are transported by aircraft.

With the exception of package type, paragraph (a)(1)(i) currently requires any additional shipping paper description requirements provided in §§ 172.202, and 172.203 to be included on the notification of the pilot-in-command. Section 172.203(k) requires the use of technical names for “n.o.s.” and generic descriptions for proper shipping names identified by the letter “G” in column (1) of the § 172.101 Table. In this NPRM, PHMSA is proposing to revise paragraph (a)(1)(i) to state that technical names are not required to be provided on the notification of pilot-in-command. This clarification will align the HMR with changes adopted in the ICAO TI and supports the overall goal of harmonization. Harmonization of the notification of pilot-in-command requirements ensures consistency across all air operators thus reducing impediments in commerce and reducing costs associated with training to two different sets of standards. In addition, the technical name is not referenced in the Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods (Doc 9481) or the North American Emergency Response Guidebook (ERG). The ICAO panel determined that the technical names provided little benefit to safety, particularly during the initial stage of emergency response while the number of materials requiring a technical name is on the rise, thereby increasing the burden on operators to provide this information. In addition, the technical name is not referenced in the Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods (Doc 9481) or the North American Emergency Response Guidebook (ERG).

Paragraphs (a)(12) and (c)(5) both mention the alternative written document authorized in § 173.185(c)(4)(v). The proposed removal of the alternative written document from § 173.185(c)(4)(v) necessitates the removal of these paragraphs. Any information required to be a part of the notification of the pilot-in-command previously under paragraph (a)(12) will be detailed on a shipping paper and be included on the notification of the pilot-in-command.

Section 175.630

Section 175.630 prescribes special requirements for Division 6.1 (Toxic) and 6.2 (Infectious) materials in the HMT. Consistent with revisions to the ICAO TI, in this NPRM, PHMSA is proposing to remove paragraph (a) which prescribes segregation requirements for loading certain Division 6.1 or Division 6.2 materials in the same compartment of an aircraft

with material marked as or known to be a foodstuff, feed, or any other edible material intended for consumption by humans or animals. At the time these segregation requirements were initially included in the ICAO TI and the HMR, the packing instructions were much less detailed than they are at present. The UN Model Regulations do not impose segregation requirements for Division 6.2 infectious substances. The segregation requirements for infectious substances under the ICAO TI and HMR only apply to UN2814 and UN2900 which already require robust triple packagings. For Division 6.1, the UN Recommendations allow the segregation requirements to be relaxed for substances in Packing Groups II and III, provided the competent authority is satisfied that the packing and segregation are adequate to prevent contamination. In addition, the inspection procedures prescribed in § 175.30 require a physical check to ensure that the packagings are free from damage. The revisions proposed in this NPRM are consistent with a petition for rulemaking (P-1631) filed by UPS, Inc., who voiced strong support for such action.

Section 175.705

Section 175.705 prescribes requirements for aircraft that have been contaminated with radioactive material and the

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