# Hazardous Materials: Harmonization With International Standards (RRR)

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2014-19161

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** August 25, 2014
- **Citation:** 79 FR 50742

## Text

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.

Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101
et seq.
) directs PHMSA to participate in relevant international standard-setting bodies and encourages alignment of the HMR with international transport standards to the extent practicable while recognizing that deviations may at times be necessary to 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,
or
Air bag modules,
or
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,
or
Air bag modules,
or
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
or
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
or
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

25

Acrylamide solution
UN3426

25

Aldol
UN2839

25

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
or
Alkaline earth metal dispersions, flammable

UN3482

13, 148

Alkali metal dispersions,
or
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
or
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
or
Aluminum remelting by-products (PG II and III)

UN3170

13, 148

N-Aminoethylpiperazine
UN2815

25

Aminopyridines
(o-; m-; p-)

UN2671

25

Ammonium nitrate based fertilizer
UN2067

124

Ammonium nitrate, liquid
UN2426

124

Ammonium nitrate
UN1942

66, 124

Ammonium polysulfide, solution (PG II and III)
UN2818

25

Ammonium sulfide solution
UN2683

25

Anisoyl chloride
UN1729

40

Antimony pentafluoride
UN1732

40

Arsenic bromide
UN1555

25

Barium
UN1400

13, 148

Barium alloys, pyrophoric
UN1854

13, 148

Barium azide, wetted
UN1571

36

Barium peroxide
UN1449
56
66, 148

Batteries, containing sodium
UN3292

13, 148

Beryllium, powder
UN1567

13, 147, 148

Boron tribromide
UN2692

25

Boron trifluoride dehydrate
UN2851

25

Boron trifluoride dimethyl etherate
UN2965

25

Bromoform

25

Bromine
UN1744

25

Bromine solutions (both PG I entries)
UN1744

25

Bromobenzyl cyanides, liquid
UN1694

25

Bromobenzyl cyanides, solid
UN3449

25

tert-Butyl hypochlorite
UN3255

40

Butyl mercaptan
UN2347

102

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

UN2956

40

Butyric acid
UN2820

25

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
56
66, 148

Calcium phosphide
UN1360

13, 148

Calcium, pyrophoric
or
Calcium alloys, pyrophoric

UN1855

13, 148

Calcium silicide (PG II and III)
UN1405

13, 148

Carbon, activated
UN1362

25

Carbon (PG II and III)
UN1361

25

Castor beans
or
Castor meal
or
Castor pomace
or
Castor flake

UN2969

44, 122

Cerium,
slabs, ingots, or rods

UN1333

13, 147, 148

Cerium,
turnings or gritty powder

UN3078

13, 148

Cesium
or
Caesium

UN1407

13, 148

Chloroacetonitrile
UN2668

25

Chloroacetophenone, liquid,
(CN)

UN3416

25

Chloroacetophenone, solid,
(CN)

UN1697

25

Chlorocresols solution (PG II and III)
UN3437

25

Chloromethyl chloroformate
UN2745
21, 100
12

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
95

Corrosive solids, water-reactive, n.o.s. (PG I, II, and III)
UN3096

13, 148

Crotonic acid, liquid
UN3472

25

Crotonic acid, solid
UN2823

25

Cyanogen bromide
UN1889

52

Cyanuric chloride
UN2670

25

Cyclohexyl mercaptan
UN3054

102

1,1-Dichloro-1-nitroethane
UN2650

25

1,3-Dichloroacetone
UN2649

25

1,3-Dichloropropanol-2
UN2750

25

Diethylthiophosphoryl chloride
UN2751

25

Dipicryl sulfide, wetted
UN2852

36

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
or
Ferrous metal shavings
or
Ferrous metal turnings
or
Ferrous metal cuttings
in a form liable to self-heating

UN2793

13, 148

Fuel cell cartridges
or
Fuel cell cartridges contained in equipment
or
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

25

Hexamethylenediamine, solid
UN2280

25

Hydrofluoric acid,
with more than 60 percent strength

UN1790

25

Hydrofluoric acid,
with not more than 60 percent strength

UN1790

25

Hydrogen, refrigerated liquid
(cryogenic liquid)

UN1966

57

Hypochlorites, inorganic, n.o.s
UN3212
106

Iron oxide, spent,
or
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
or
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
or
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

25

Maneb
or
Maneb preparations
with not less than 60 percent maneb

UN2210

13. 148

Maneb stabilized
or
Maneb preparations, stabilized
against self-heating

UN2968

13, 148

Metal powders, flammable, n.o.s. (PG II and III)
UN3089

74

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

UN3336

102

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

UN1228

102

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

25

Methyl magnesium bromide, in ethyl ether
UN1928

13, 148

Methyl vinyl ketone, stabilized

21, 100

Organic peroxide type B, liquid
UN3101
40
25

Organic peroxide type B, liquid, temperature controlled
UN3111
40
25

Organic peroxide type B, solid
UN3102
40
25

Organic peroxide type B, solid, temperature controlled
UN3112
40
25

Organic peroxide type C, liquid
UN3103
40
25

Organic peroxide type C, liquid, temperature controlled
UN3113
40
25

Organic peroxide type C, solid
UN3104
40
25

Organic peroxide type C, solid, temperature controlled
UN3114
40
25

Organic peroxide type D, liquid
UN3105
40
25

Organic peroxide type D, liquid, temperature controlled
UN3115
40
25

Organic peroxide type D, solid
UN3106
40
25

Organic peroxide type D, solid, temperature controlled
UN3116
40
25

Organic peroxide type E, liquid
UN3107
40
25

Organic peroxide type E, liquid, temperature controlled
UN3117
40
25

Organic peroxide type E, solid
UN3108
40
25

Organic peroxide type E, solid, temperature controlled
UN3118
40
25

Organic peroxide type F, liquid
UN3109
40
25

Organic peroxide type F, liquid, temperature controlled
UN3119
40
25

Organic peroxide type F, solid
UN3110
40
25

Organic peroxide type F, solid, temperature controlled
UN3120
40
25

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

58

Pesticides, liquid, flammable, toxic,
flash point less than 23 degrees C
(PG I and II)

UN3021

40

Phenyl chloroformate
UN2746
21, 10

Phosphorus heptasulfide,
free from yellow or white phosphorus

UN1340

13, 147, 148

Phosphorus oxybromide
UN1939

25

Phosphorus pentabromide
UN2691

25

Phosphorus trioxide
UN2578

25

Phosphorus trisulfide,
free from yellow or white phosphorus

UN1343

13, 147, 148

Piperazine
UN2579

25

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.,
or
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

25

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

25

Self-reactive liquid type C, temperature controlled
UN3233

25

Self-reactive liquid type D
UN3225

25

Self-reactive liquid type D, temperature controlled
UN3235

25

Self-reactive liquid type E
UN3227

25

Self-reactive liquid type E, temperature controlled
UN3237

25

Self-reactive liquid type F
UN3229

25

Self-reactive liquid type F, temperature controlled
UN3239

25

Self-reactive solid type B
UN3222

25, 127

Self-reactive solid type B, temperature controlled
UN3232

25

Self-reactive solid type C
UN3224

25

Self-reactive solid type C, temperature controlled
UN3234

25

Self-reactive solid type D
UN3226

25

Self-reactive solid type D, temperature controlled
UN3236

25

Self-reactive solid type E
UN3228

25

Self-reactive solid type E, temperature controlled
UN3238

25

Self-reactive solid type F
UN3230

25

Self-reactive solid type F, temperature controlled
UN3240

25

Sodium
UN1428

13, 148

Sodium aluminum hydride
UN2835

13, 148

Sodium borohydride
UN1426

13, 148

Sodium dinitro-o-cresolate, wetted
UN3369

28

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
or
Titanium sponge powders

UN2878

13, 147, 148

Titanium trichloride, pyrophoric
or
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
3
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
3
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

40

Toxic liquid, inorganic, n.o.s. (PG I, II, and III)
UN3287

40

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

40

Toxic solid, inorganic, n.o.s. (PG I, II, and III)
UN3288

40

Toxic solids, water-reactive, n.o.s. (PG I and II)
UN3125

13, 148

Trifluoroacetic acid
UN2699

25

Trimethylacetyl chloride
UN2438

21, 100

Trinitrobenzene, wetted,
with not less than 10% water, by mass

UN3367

28

Trinitrobenzoic acid, wetted
with not less than 10% water by mass

UN3368

28

Trinitrobenzoic acid, wetted
with not less than 30 percent water, by mass

UN1355

28

Trinitrochlorobenzene (picryl chloride), wetted,
with not less than 10% water by mass

UN3365

28

Trinitrophenol (picric acid), wetted,
with not less than 10 percent water by mass

UN3364

28

Trinitrotoluene (TNT), wetted,
with not less than 10 percent water by mass

UN3366

28

Urea nitrate, wetted,
with not less than 10 percent water by mass

UN3370

28

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
o
r Zinc hydrosulfite

UN1931
49
13, 26, 123

Zinc peroxide
UN1516

13, 148

Zinc phosphide
UN1714

13, 148

Zinc powder
or
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
or
Ammonium nitrate suspension
or
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,
or
Air bag modules,
or
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
or
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
or
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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2014-19161. Public record. Not legal advice.