Hazardous Materials: Harmonization With International Standards (RRR)

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:

Final rule.

SUMMARY:

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

DATES:

Effective Date:

January 1, 2015.

Voluntary compliance date:

PHMSA is authorizing voluntary compliance beginning January 1, 2015.

Delayed compliance date:

Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2016.

Incorporation by reference date:

The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2015.

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. Incorporation by Reference Discussion Under 1 CFR Part 51

IV. Comment Discussion

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

In this final rule, PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to incorporate changes adopted in the IMDG Code, the ICAO Technical Instructions, and the UN Model Regulations, effective January 1, 2015. These changes ensure the domestic hazard classification, hazard communication and packaging requirements are consistent with those employed throughout the world.

Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (Federal hazmat law; 49 U.S.C. 5101

et seq.

) directs PHMSA to participate in relevant international standard-setting bodies and encourages alignment of the HMR with international transport standards to the extent practicable while recognizing that deviations may at times be necessary to be consistent with the public interest (see 49 U.S.C. 5120). Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials. Harmonization has also become increasingly important as the volume of hazardous materials transported in international commerce grows. Safety is often enhanced by creating a uniform framework for compliance. PHMSA actively participates in relevant international standard-setting bodies and promotes the adoption of standards consistent with the high safety standards set by the HMR.

The foreign trade of chemicals is a large segment of the United States economy. In 2000, U.S. foreign trade in chemicals totaled $154 billion and generated a $6 billion positive trade balance. The consistency of regulations reduces regulatory compliance costs and helps to avoid costly frustrations of international shipments. PHMSA's continued leadership in maintaining consistency with international regulations enhances the hazardous materials safety program and assists in maintaining a favorable trade balance.

II. Background

PHMSA published a notice of proposed rulemaking (NPRM) under Docket HM-215M (79 FR 50741, August 25, 2014) to incorporate various amendments to harmonize the HMR with recent changes to the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. When considering alignment of the HMR with international standards, we review and evaluate each amendment on its own merit, on the basis of its overall impact on transportation safety, and on the basis of the economic implications associated with its adoption into the HMR. Our goal is to harmonize without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community.

Based on this review and evaluation, in this final rule, PHMSA is amending the HMR to incorporate changes from the 18th Revised Edition of the UN Model Regulations, Amendment 37-14 to the IMDG Code, and the 2015-2016 ICAO Technical Instructions, which become effective January 1, 2015 (The IMDG Code is effective January 1, 2015; however, Amendment 36-12 may continue to be used until January 1, 2016). Notable amendments to the HMR in this final rule include the following:

• Updating references to international regulations including the ICAO Technical Instructions, the IMDG Code, the UN Model Regulations, the UN Manual of Tests and Criteria the Canadian Transportation of Dangerous Goods Regulations and various technical standards.

• Adding, revising, or removing certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits from the Hazardous Materials Table (HMT).

• Adopting 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. These exceptions are consistent with the UN Model Regulations, the IMDG Code, and the ICAO TI.

• Modifying the list of marine pollutants in Appendix B to § 172.101.

• Adding minimum sizes for the OVERPACK and SALVAGE markings.

• Revising and adding vessel stowage codes listed in column 10B of the HMT and segregation requirements in § 176.83 consistent with the IMDG Code.

• Adsorbed gases: Adopting new entries into the HMR; adding a definition; authorizing packagings; and adding safety requirements including quantity limitations and filling limits.

• Harmonizing with the latest version of the ICAO TI 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 § 173.185(c)(4)(v) equivalent to Section IB of ICAO TI Packing Instructions 965 and 968. PHMSA is also harmonizing with the latest version of the ICAO TI by requiring a “CARGO AIRCRAFT ONLY” label on packages containing small lithium metal batteries not packed in or with equipment.

• Amending 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.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

The United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations, Manual of Tests and Criteria, all of the Transport Canada Clear Language Amendments, and the IAEA Regulations are all free and easily accessible for the public to access on the internet, with access provided via Web sites provided by the parent organization. The International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air, International Maritime Organization International Maritime Dangerous Goods Code, and all of the International Organization for Standardization references are available for interested parties to purchase in either print or electronic versions through the parent organization Web sites. The price charged for these standards not freely available to interested parties helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed in greater detail in the following analysis.

IV. Comment Discussion

In response to PHMSA's August 25, 2014 NPRM (79 FR 50741), PHMSA received comments from the following organizations and individuals:

• Aaron Adamczyk

• Alaska Airlines

• American Chemistry Council (ACC)

• American Society of Travel Agents

• Anonymous

• Autoliv

• Carla Clark

• The Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA)

• The Dangerous Goods Advisory Council (DGAC)

• Dow Chemical

• Edward Altemos

• Entegris

• Gregory Sutherland

• The Institute of Makers of Explosives (IME)

• International Vessel Operators Dangerous Goods Association (IVODGA)

• James Lynch

• Jeffery Richmond

• Katherine Whelan

• Key Safety Systems

• Paul Rankin/RIPA

• Sally Mitchell

• Shondra Hector

• TK Holdings Inc. (Takata)

• TRW Automotive

• Veolia ES Technical Solutions, L.L.C. (Veolia)

• United Parcel Service (UPS)

Below is a listing of major amendments to the international transportation regulations that we proposed for adoption into the HMR, a brief synopsis of the comments we received regarding those proposals, and PHMSA's position regarding the comments. Additional comments are addressed in the section-by-section analysis section.

1

1

Comments which were outside the scope of this rulemaking are not addressed in this final rule.

Incorporation by Reference

In the NPRM, PHMSA proposed to incorporate by reference the latest editions of various international transport standards including the 2015-2016 ICAO TI, Amendment 37-14 of the IMDG Code, the 18th Revised Edition of the UN Model Regulations, the International Atomic Energy Agency Safety Standards for Protecting People and the Environment; Regulations for the Safe Transport of Radioactive Material, No. SSR-6, and the Canadian Transportation of Dangerous Goods Regulations. Finally, PHMSA proposed the incorporation by reference of new and updated standards published by the International Organization for Standardization (ISO). PHMSA received general support from the commenters on the principle of harmonizing the U.S. regulations with international transport and technical standards. We did not receive any comments that opposed our proposals to incorporate these standards and will adopt them in this final rule.

Exceptions for Marine Pollutants

In the NPRM, PHMSA proposed to add a new exception from the HMR to § 171.4 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.

PHMSA received comments from Gregory Sutherland, DGAC, IVODGA, and COSTHA concerning our proposed amendments to this section. General support for the harmonization effort was provided by COSTHA, IVODGA, and DGAC.

Mr. Sutherland asks if the intent of the proposal was to eliminate limited quantity and excepted quantity shipments of marine pollutants, and further asks why anyone would offer a marine pollutant as a limited or excepted quantity with the new exception in place. PHMSA is not proposing to remove the ability to offer marine pollutants as limited or excepted quantities, but does agree with the commenter that the vast majority of shippers of limited or excepted quantity amounts of marine pollutants will choose to utilize the new exception instead of existing limited or excepted quantity provisions. Mr. Sutherland notes that as proposed there would be no restriction on the number of 5 L containers that are permitted in a combination package, so a package containing four 5 L bottles would contain 20 L of non-regulated marine pollutants, but a 10 L jerrican would be fully regulated. Mr. Sutherland is correct. There is no limit to the number of up to 5 L or 5 kg single or inner packagings that may be placed inside of a package under the conditions of the exception. Lastly, Mr. Sutherland notes that as proposed there would be no requirement to mark a freight container with the large marine pollutant marking even if that freight container contains nothing but packages of excepted marine pollutants. Mr. Sutherland is correct. If the shipments of marine pollutants are below the provided quantity thresholds per inner or single packaging and meet the applicable general packaging provisions no marking would be required on a cargo transport unit, regardless of the number of packages being offered under the exception.

DGAC noted that they believe the language in the proposed paragraph (c)(l) could be clarified, as a partial reading could imply that single or inner packagings of 5 L or 5 kg of any material are excepted from the HMR. PHMSA agrees. The wording of the proposed exception is not clear enough to indicate that all shipments of marine pollutants meeting the quantity thresholds and general packaging provisions can utilize the exception assuming they are not also hazardous substances or hazardous wastes. The use of the exception for single or inner packagings of 5 L or 5 kg or less is not limited to materials offered under the UN identification numbers UN 3077 and UN 3082, but would also apply to marine pollutants that meet the definition of other hazard classes (

i.e.

paints or n.o.s. entries that meet the definition of more than one hazard class). PHMSA is amending the exception in 171.4 for clarification.

IVODGA, while providing general support for harmonization on this issue, notes the reporting requirements under the International Convention for the Prevention of Pollution from Ships (MARPOL) and the Environmental Protection Agency (EPA) Vessel's General Permit (VGP) Plan requirements and has some concern regarding the vessel operator's ability to identify these marine pollutants. Vessel owners or operators may be caught in a situation where they are transporting materials which may be excepted from various transport requirements, but still require reporting under domestic and international mandates. IVODGA states that some consideration of these reporting requirements should be addressed since these substances in small packages still represent a hazard if spilled from or on a vessel during operational phases especially when transported in container load quantities.

PHMSA asserts that excepting up to 5 L for liquids and 5 kg for solids provides significant benefit to the shipper and aligns with requirements of other modes of transportation and international regulations. EPA's VGP Plan regulates discharges incidental to normal operations. Reporting requirements under the VGP Plan are for reportable quantities of substances as listed in Appendix A in 49 CFR 172.101, and does not cover marine pollutants. PHMSA data over the past 10 years contains just one record of a marine pollutant released on a vessel.

2

Furthermore, that one incident involved a 55 gallon drum which would not be impacted by the proposed amendment. National Response Center (NRC) incident reporting since 2009 shows 415 initial reports to the NRC involving containership during that period. 78 of those reports involved leaking containers on deck, with 5 of the leaks reaching the water. Thirteen of those reports involved the loss of containers or pallets over the side. None of the incidents over the time period involved marine pollutants that would be excepted as a result of this final rule.

2

Incident data can be accessed at

https://hazmatonline.phmsa.dot.gov/IncidentReportsSearch/.

Modification of Marine Pollutant List in Appendix B to § 172.101

In the NPRM, PHMSA proposed the addition of 62 new entries consistent with the IMDG Code and removing the entry “Chlorotoluenes (meta-;para-)” based on its removal from the IMDG Code.

PHMSA received two comments from the ACC regarding our proposed addition of dodecene, to the list of marine pollutants. In its first comment, the ACC requests a 30 day extension of the comment period to better understand “dodecene's place on other lists referenced in the proposed rule.” ACC notes that it would use the time to coordinate with industry to better understand the information contained in the dodecene Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) dossiers. PHMSA is denying the ACC's request for a 30 day extension of the comment period for this rulemaking as the revision to include dodecene in the Marine Pollutant List is consistent with our standard practice of aligning Appendix B with the indicative list of marine pollutants found in the IMDG Code. In its second comment, the ACC notes that the use of the name “dodecene” in both the IMDG Code and PHMSA's proposed rule makes it unclear exactly what substance is being regulated. When manufactured, dodecene may represent a number of Chemical Abstracts Service (CAS) numbers and different chemical properties. In other words, this single description of dodecene may not reflect what ACC panel members currently manufacture and ship. The ACC also notes that the REACH registration of a close analog of dodecene, 1-dodecene/dodec-1-ene, indicates that dodecene would not meet the criteria of a Marine Pollutant, as set forth in the PHMSA list, based on aquatic toxicity data. The REACH dossier indicates “conclusive but not sufficient for classification” on both acute and chronic environmental categories associated with this compound. The inclusion of all entries proposed for addition in the NPRM was thoroughly vetted by several sub-committees of the International Maritime Organization prior to adoption into amendment 37-14 of the IMDG Code. The Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) data assigns all dodecene isomers a B1 numerical rating of 4. This rating of 4 indicates acute aquatic toxicity, and thus merits inclusion of dodecene (all isomers) to the list of marine pollutants in Appendix B to § 172.101.

Adsorbed Gas HMT Entries

In the NPRM, PHMSA proposed to revise the Hazardous Materials Table (HMT) in § 172.101 to include seventeen new entries for adsorbed gases consistent with amendments adopted into the UN Model Regulations. We also proposed to add into the HMR a definition, authorized packagings, and safety requirements including quantity limitations and filling limits.

PHMSA received three comments from COSTHA, DGAC, and Entegris noting that the entry for “Arsine, adsorbed” was not added to the HMT in the NPRM as intended. As a result, PHMSA is adding the entry “UN3522, Arsine, adsorbed” to the HMT. Entegris also provided comment suggesting that § 173.302c cannot be referenced in the HMT as a packaging instruction for bulk shipments of adsorbed gases, as there is no internationally accepted standard or authorization for bulk receptacles containing such gases. PHMSA agrees with the Entegris comment that bulk packagings for adsorbed gases are not presently authorized. As a result, PHMSA is revising Column (8C) of the HMT for the Adsorbed gas entries to indicate “None.”

In addition, Entegris and COSTHA requested that PHMSA incorporate provisions for the use of DOT specification cylinders to transport adsorbed gasses. PHMSA agrees with the commenters that appropriate provisions for the use of DOT cylinders should be considered. However this action was not proposed in the NPRM. Continued transportation of adsorbed gases is provided for under the provisions of Special Permit 14237 and PHMSA will consider inclusion of DOT specification cylinder authorizations under a future rulemaking.

Lithium Battery Harmonization Proposals

In the NPRM, PHMSA proposed harmonization with the latest version of the ICAO TI 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 § 173.185(c)(4)(v) which is equivalent to Section IB of ICAO TI Packing Instructions 965 and 968. PHMSA specifically requested input as to the costs and benefits of harmonizing the provisions of the HMR with the provisions of the ICAO TI by requiring shipping papers as opposed to alternative documentation. PHMSA received comments from UPS and Alaska Airlines concerning removal of the alternative document. UPS supported our proposed change to the documentation requirement for packages containing smaller lithium batteries transported in accordance with § 173.185(c)(4)(v). UPS also commented that the proposal to introduce a shipping paper requirement for shipments offered under § 173.185(c)(4)(v) could be interpreted to conflict with the statement in the preceding paragraph § 173.185(c) in that such shipments are excepted from the requirements in subparts C through H of part 172. UPS suggests that § 173.185(c) should be clarified in this regard. We agree clarification is warranted. Alaska Airlines commented that it would like to see increased harmonization between the HMR and the ICAO TI with regard to the documentation required while stating there is no reason to deviate from the ICAO TI. We agree, and note that the amendments proposed do provide for such consistency.

Taking into account the comments from Alaska Airlines, PHMSA confirmed that the proposed amendments align with the requirements of the ICAO TI with regard to documentation. However, based on the comment from UPS, in this final rule PHMSA is revising § 173.185(c)(4)(v) as suggested by UPS for clarity. This editorial amendment will clarify that packages offered in accordance with § 173.185(c)(4)(v) are subject to the shipping paper requirements of subpart C of Part 172.

In the NPRM, PHMSA proposed revision of § 173.185(c)(1)(iii) to harmonize with the latest version of the ICAO TI by providing the option to use a “CARGO AIRCRAFT ONLY” label or the existing HMR marking requirement on packages containing small lithium metal batteries excluding those packed with or contained in equipment. PHMSA received comments from UPS and COSTHA in support of the proposal. UPS commented that the provision in this paragraph excepting lithium metal cells or batteries packed with or contained in equipment in quantities “less than 5 kg net weight” from the § 173.185(c)(1)(iii) marking requirement differs slightly in wording from the current ICAO TI and previous requirements of the HMR. In this final rule, PHMSA is revising § 173.185(c)(1)(iii) as proposed in the NPRM with an additional editorial revision to clarify that lithium metal cells or batteries packed with or contained in equipment in quantities “not exceeding” as opposed to “less than” 5 kg net weight are not subject to the marking or “CARGO AIRCRAFT ONLY” label requirement. This provides editorial consistency with the provisions of the ICAO TI.

In the NPRM, PHMSA proposed to amend the lithium battery requirements by authorizing use of a large packaging for a single large lithium battery or batteries contained in equipment. PHMSA received one comment from COSTHA in support of this proposal.

Definition of Non-Bulk Packaging

To harmonize with the 18th Revised Edition of the UN Model Regulations, in the NPRM, PHMSA proposed to amend the definition of non-bulk packaging in § 171.8 to include a bag or box having a capacity of greater than 450 liters (119 gallons) provided the net mass of the bag or box is 400 kg (882 pounds) or less. PHMSA received comments from Key Safety Systems, RIPA, TK Holdings Inc., and TRW Automotive in support of this proposal. However, RIPA conditioned their support on the presumption that the references to “bag” and “box” in the definition do limit users to all the conditions stipulated in subpart L of part 178. For example, the standard for each of the different bags provided in subpart L of part 178 imposes a maximum net mass limitation of 50 kg (110 pounds). PHMSA agrees that the text proposed in the revised definition of non-bulk packaging requiring the bag or box to conform to all applicable requirements for the specification packagings in subpart L of part 178 should be clarified and has revised the definition to include that the packaging may not exceed the maximum net mass limitation provided in subpart L of part 178.

Vessel Stowage and Segregation Changes

In the NPRM, PHMSA proposed 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 harmonize the HMR with the IMDG Code and provide additional guidance on the loading and stowage of various materials. Additionally, we proposed 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. PHMSA received a comment from IVODGA providing general support for this harmonization effort.

V. Section-by-Section Review

The following is a section-by-section review of the amendments adopted in this final rule:

Part 171

Section 171.4

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. PHMSA is adding a new exception from the HMR for marine pollutants up to 5 L (1.3 gallons) for liquids or 5 kg (11 pounds) for solids when these materials are packaged in accordance with the general packaging requirements of §§ 173.24 and 173.24a. This amendment, applicable to all modes, exempts small packages of hazardous material from the HMR that are regulated only because of the presence of one or more marine pollutants.

Comments received on this issue are discussed in detail in the Section IV “Comment Discussion” portion of this final rule. As a result of comments from DGAC, PHMSA is amending the exception in 171.4 to indicate that the use of the exception for single or inner packagings of 5 L or 5 kg or less is not limited to materials offered under the UN identification numbers UN 3077 and UN 3082, but also applies to marine pollutants that meet the definition of other hazard classes (

i.e.

paints or N.O.S. entries that meet the definition of more than one hazard class).

Section 171.7

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

standard currently achieved under the HMR. Therefore, we are adding and revising the incorporation by reference materials under the following organizations:

Paragraph (s)(1) which incorporates the

International Atomic Energy Agency

(IAEA)

Regulations for the Safe Transport of Radioactive Material 1996 edition is revised to incorporate the SSR-6 2012 Edition. The SSR-6 2012 Edition is replacing TS-R-1 (ST-1, Revised) 1996 Edition to address concerns over domestic and international differences in the transport conditions applicable to shipments of excepted fissile materials, PHMSA is adding 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 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 is revised to incorporate the 2015-2016 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, is 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 incorporated by reference. ISO 9809-1:2010 (E), ISO 9809-2:2010 (E), ISO 9809-3:2010 (E), ISO 10297:1999 (E), ISO 11114-1:2012 (E), ISO 11117:1998(E), and ISO 11513:2011(E) are added.

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), are 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 December 5, 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 including the adoption of Amendments 8, 9 and 10, along with the 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, is 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), is revised to reference § 171.24, and sub-paragraph (iii) is 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 adding the following defined terms:

Adsorbed gas:

The 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 adoption of the definition of adsorbed gas.

Bundle of cylinders:

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

Large salvage packaging:

Consistent with the UN Model Regulations, PHMSA is defining 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. PHMSA received a comment from RIPA providing general support for the addition of this definition.

Neutron radiation detector:

Consistent with the UN Model Regulations, PHMSA is defining 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:

Part 6 of the UN Model regulations was revised to remove the volumetric limit for certain packaging types 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 is revising 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 do not have specified volumetric limitations.

PHMSA received comments from Key Safety Systems, RIPA, TK Holdings Inc., and TRW Automotive in support of this proposal. However, RIPA conditioned their support on the presumption that the references to “bag” and “box” in the definition do limit users to all the conditions stipulated in subpart L of part 178. For example, the standard for each of the different bags provided in subpart L of part 178 imposes a maximum net mass limitation of 50 kg (110 pounds). PHMSA believes that the text proposed in the revised definition of non-bulk packaging requiring the bag or box to conform to all applicable requirements for the specification packagings in subpart L or part 178 is clear in requiring the bags and boxes to completely conform to the specification, including the questioned maximum net mass limitation of 50 kg (110 pounds) for bags.

Radiation Detection System:

Consistent with the UN Model Regulations, PHMSA is defining 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 which includes any requirements found in § 171.23.

Paragraph (b)(2) of this section requires the shipping paper description of items such as air bag inflators, air bag modules, and seat-belt pretensioners to conform to the requirements in § 173.166(c). Consistent with the UN Model Regulations, PHMSA is revising 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.

PHMSA received one comment from DGAC concerning paragraph (b)(2)(i). Paragraph (b)(2)(i) states that an EX number or product code number must be included as part of the shipping description. DGAC notes that safety devices tested and certified as Class 9 in accordance with § 173.166(b) do not require EX numbers and that the wording in this paragraph is confusing as it conveys that all safety devices require either an EX number or product code in association with the basic description on a shipping paper. We agree with DGAC that the EX number or product code shipping paper requirements when offering under international standards in accordance with § 171.23(b) may be confusing when compared to the corresponding domestic requirements in § 173.166(c) that only require the EX number or product code on a shipping paper for safety devices classed as Class 1, but excepts Class 9 safety devices from this requirement. Taking into account the comments from DGAC, in this final rule, PHMSA is removing § 171.23(b)(2)(i) as the preceding paragraph (b)(2) requires that for each safety device, the shipping paper description must conform to the requirements in § 173.166(c). By removing (b)(2)(i) and directing readers to the EX number and product code requirements prescribed in § 173.166(c), any potential conflict between the two sections is removed.

Paragraph (b)(11) of this section prescribes additional requirements for shipments of radioactive materials made under authorized international standards or regulations. PHMSA is incorporating by reference the 2012 IAEA SSR-6 regulations to replace the TS-R-1 (ST-1, Revised) 1996 Edition 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. PHMSA is amending 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 making this change 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 171.25 details additional requirements for the use of the IMDG Code. PHMSA is amending 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 final rule, PHMSA is revising 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 requirements for specific entries in the HMT. Column (10) is divided into two columns: column (10A) [Vessel stowage] specifies the authorized stowage locations on board cargo and passenger vessels and column (10B) [Other provisions] specifies special stowage and segregation provisions. PHMSA is amending 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 maintaining 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 changes.

Hazardous Materials Table (HMT)

In this final rule, 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, changes to the HMT appear under three sections of the Table, “remove,” “add,” and “revise.” Certain entries in the HMT, such as those with revisions to the proper shipping names, appear as a “remove” and “add.” Amendments to the HMT include the following:

New HMT Entries

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 is 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).

PHMSA received one comment from Veolia requesting that the proper shipping name be amended to read “Radioactive material, uranium hexafluoride, excepted package,

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

in order to maintain the listing of all radioactive material proper shipping names in a manner that they appear in succession in the HMT. PHMSA is maintaining the proper shipping name as proposed for the purpose of international harmonization of shipping descriptions. It is important to note that the primary hazard indicated in the HMT and all applicable international dangerous goods lists is a Class 8 hazard. As such, there is no need to amend the proper shipping name to maintain a sequential list of all entries having a Class 7 primary hazard.

UN3508—Capacitor, asymmetric

with an energy storage capacity greater than 0.3Wh

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

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. PHMSA received three comments from COSTHA, DGAC, and Entegris noting that the entry for “Arsine, adsorbed” was not added to the HMT in the NPRM as intended. As a result, in this final rule PHMSA is adding the entry “UN3522, Arsine, adsorbed” to the HMT. Entegris also provided a comment suggesting that § 173.302c cannot be referenced in the HMT as a packaging instruction for bulk shipments of adsorbed gases, as there is no internationally accepted standard or authorization for bulk receptacles containing such gases. PHMSA agrees with the Entegris comment that bulk packagings for adsorbed gases are not presently authorized. As a result, in this final rule, PHMSA is revising Column (8C) of the HMT for the Adsorbed gas entries to indicate “None.” .

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 removing one of the duplicate UN0214 entries, and reinserting the correct UN1354 entry.

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. The letter “A” denotes a material that is subject to the requirements of this subchapter only when offered or intended for transportation by aircraft, unless the material is a hazardous substance or a hazardous waste.

In this final rule, PHMSA is adding international proper shipping names for “Asbestos, amphibole (amosite, tremolite, actinolite, anthophyllite, crocidolite)” and “Asbestos, chrysotile,” and removing shipping descriptions for Blue, Brown, and White Asbestos. These new international proper shipping names for “Asbestos, amphibole” and “Asbestos, chrysotile” have an “I” assigned in column one. PHMSA is also assigning 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 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.

In this final rule PHMSA is assigning an “A” to column 1 for “Fish meal, stabilized

or

Fish scrap, stabilized” consistent with changes made to the ICAO TI. PHMSA received one comment from Alaska Airlines supporting the assignment of an “A” to column one for this material.

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.

In the NPRM, 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”

was proposed to be amended by removing the italicized text and placing the text into the new special provision 370. PHMSA received one comment from IME stating that the NPRM did not provide an adequate explanation to justify why the UN Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCETDG) recommends this change. IME provides several reasons that this amendment should not be adopted. IME notes that while the italicized text is not “lost” when placed in the new special provision 370, the absence of the text from the proper shipping name will add to confusion about this form of ammonium nitrate as UN0222 is one of six classifications of solid ammonium nitrate. Of the six, only UN0222 and NA0331 are Class 1 entries and all of these entries have been distinguished from each other by italicized text. IME

further notes there was no proposal to remove clarifying italicized text from other entries.

A review of the change to the UN Model Regulations revealed that the italicized text assigned to the proper shipping name for UN0222 was removed to resolve a potential contradiction with the new special provision 370 assigned to UN0222. The qualifying italicized text associated with this entry applies to materials

with more than 0.2 percent combustible substances;

however, special provision 370 provides that Ammonium nitrate with not more than 0.2% combustible substances that give a positive result when tested in accordance with Test Series 2 of the UN Manual of Tests and Criteria must also be assigned to UN0222. In this scenario, a user of the HMT with a material containing less than 0.2 percent combustible substances (see UN1942) may not be immediately aware that UN0222 should be used if the material simultaneously gives a positive result when tested in accordance with Test Series 2. By moving the italicized text from the proper shipping name to the special provision this contradiction is avoided by providing instruction for Ammonium nitrate containing both more than, and less than 0.2 percent combustible substances. Following the review PHMSA determined that any minor contradiction that may exist between maintaining the qualifying text as part of the proper shipping name or in the special provision is negligible. We agree with the comment submitted by IME that retaining the italicized text in association with the proper shipping name does have a benefit, and as such, we are retaining the italicized text “

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

as part of the proper shipping name.

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. PHMSA received one comment from DGAC noting that the entry in the proposed HMT contained italicized text inconsistent with the amendment discussed in the NPRM (79 FR 50750). We agree and are correcting the italicized text as part of the proper shipping name consistent with the NPRM preamble discussion.

Two new proper shipping names “Asbestos, amphibole (amosite, tremolite, actinolite, anthophyllite, crocidolite)” and “Asbestos, chrysotile” are 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 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 adopted proper shipping name more appropriately describes materials authorized under this HMT entry in conjunction with the 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 of “Safety devices, pyrotechnic” is 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 adopted proper shipping name more appropriately describes Class 1 materials authorized under this HMT entry.

PHMSA received a comment from COSTHA noting that stocks of these materials are well into the millions, and therefore they requested that PHMSA identify a transition period during which the previous proper shipping names may continue to be used in association with the relevant UN number. COSTHA believes a 1-year transition (until January 1, 2016) would be sufficient to re-mark packages already in the supply chain. PHMSA notes that this final rule provides for a one year delayed compliance date from the date of publication. It is also important to note that § 172.101(l)(ii) provides for the ability to use preprinted shipping papers and package markings, until depleted or for a one year period, subsequent to the effective date of a rulemaking change, whichever is less.

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 adopted proper shipping name for UN1082 is “Trifluorochloroethylene, stabilized

or

Refrigerant gas R 1113”. PHMSA received one comment from DGAC noting that this entry is not listed in the proposed HMT under the “REMOVE” instruction; however, the new entry is listed under the “ADD” instruction. As a result, in this final rule, PHMSA is adding “UN1082, Trifluorochloroethylene, stabilized” to the entries under “REMOVE” in the instructions to amend the HMT. This will correct the regulatory instruction for amending the proper shipping name.

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 adopted. 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 with § 173.161(b)(2).

PHMSA received one comment from DGAC noting that the Packing Group III designation for “UN3316, First aid kits” was not added to the HMT. In this final rule, we are adding the Packing Group III entry to the HMT accordingly.

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 change provides a level of consistency for all articles specifically listed in the HMT. In this final rule, PHMSA is removing 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

Batteries, wet, filled with acid,

electric storage

UN2794

Batteries, wet, filled with alkali,

electric storage

UN2795

Batteries, wet, non-spillable,

electric storage

UN2800

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

PHMSA received comment from DGAC noting that for UN2794, UN2795, and UN2800, the Column (5) packing group assignments were removed in the HMT but not discussed in the NPRM preamble. The entries for these articles have been added to the above table for clarity.

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 additions, revisions, and deletions to the special provisions addressed in this final rule.

In this final rule, 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.

PHMSA received one comment from DGAC noting for the entry “UN2990, Life-Saving Appliances, Self Inflating,” that “Special Provision 338 is missing from Column 7 in the proposed HMT.” This was an inadvertent omission. Special provision 338 has been reestablished.

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 final rule, new special provision 367 is 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

PHMSA received one comment from DGAC regarding the UN1210 PG II entry in the proposed HMT. DGAC noted that 367 inserted before 149 in Column (7) and is in non-sequential order. We agree and have amended the entry accordingly.

In this final rule, we are adding new special provision 368 to the HMT entry “UN2910, Radioactive material, excepted package-limited quantity of material.”

In this final rule, new special provision 369 is 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 final rule, new special provision 370 is assigned to the HMT entry “UN0222, Ammonium nitrate.” This special provision addresses a situation where Ammonium Nitrate, with not more than 0.2% carbon, does not satisfy Test Series 2 and therefore cannot be accommodated under the entry for “UN1942, Ammonium nitrate.”

In this final rule, new special provision 371 is assigned to the HMT entry “UN3164, Articles, pressurized

pneumatic or hydraulic

containing non-flammable gas.”

In this final rule, special provision IB6 is replaced with IB8 and special provisions IP2, and IP4 are added for the HMT Packing Group III entry “UN3089, Metal powders, flammable, n.o.s.” 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 revisions will correct the inconsistency.

In this final rule, new special provision A61 is 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. However, this examination is required when the conditions of § 180.605(f) are met.

In this NPRM, new special provision TP47 is 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

PHMSA received one comment from DGAC noting that for the entry “UN3375, Ammonium nitrate emulsion,” IB2 and TP32 are listed in Column (7) in the changes to the proposed HMR. DGAC notes that “these special provisions are not present in Column (7) in the 10-1-13 version of the HMR.” Although the addition of IB2 to Column (7) was not described in the amendments to Column (7) of the NPRM, this revision was intentional. PHMSA is aligning with international standards to add IBCs as an authorized packaging for UN3375. In the NPRM, portable tank special provision TP32 was inadvertently added to this HMT entry in error. While this portable tank special provision was assigned to UN3375 in the UN Model Regulations and the IMDG Code, the HMR do not authorize UN3375 in portable tanks and therefore a portable tank special provision is not appropriate. In this final rule, for the entry UN3375, Ammonium nitrate emulsion,” PHMSA is adding special provisions IB2, IP16, and removing TP32 as proposed in the NPRM. New special provision IP16 is described in the

Section 172.102 special provisions discussion for IBC Codes and IP Codes.

Amendments to Column (8B) Non-Bulk Packaging Authorizations.

PHMSA received one comment from DGAC noting that for the entry “UN3375, Ammonium nitrate emulsion,” 231 is listed in is listed in Column (8B) in the changes to the proposed HMT. DGAC notes that packaging authorization 214 is present in Column (8B) in the 10-1-13 version of 49 CFR. Although this revision was not described in the amendments to Column (8B) of the NPRM, the revision from 231 to 214 was intentional as discussed in the section-by-section review of § 173.231 (79 FR 50764).

Amendments to Column (8C) Bulk Packaging Authorizations.

PHMSA received one comment from DGAC noting that for the entry “UN 3375, Ammonium nitrate emulsion,” 231 is listed in Column (8C) in the changes to the proposed HMT. The UN Sub-Committee of Experts on the Transportation of Dangerous Goods added authorizations for certain IBCs in the UN Model regulations for UN 3375. This authorization necessitates the incorporation of a bulk packaging authorization for this HMT entry. In this final rule PHMSA is creating a new § 173.251 and assigning it to column (8C) for this entry to authorize the use of IBC's.

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 adopted 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 entries “UN2216, Fish meal, stabilized or Fish scrap, stabilized,” and “UN1374 Fish meal, unstabilized or Fish scrap, unstabilized” the panel determined that they should be forbidden for transport on both cargo and passenger aircraft. In this final rule, PHMSA is aligning with the ICAO TI by revising columns (9A) and (9B) to “Forbidden.” PHMSA received one comment from Alaska Airlines in support of this revision.

DGAC commented that for the HMT entry “UN3221, Self-reactive liquid type B,” columns (9A) and (9B) in the current HMT contain a (2) footnote, and that in the NPRM, PHMSA proposed revising these limitations to indicate “Forbidden” without any preamble discussion. This entry was revised in a

Federal Register

correction document (78 FR 17874), but due to a publication error was not transitioned into the printed or electronic versions of the CFR. In this rulemaking PHMSA is reinstating the correct quantity limitation notation of “Forbidden” in columns 9A and 9B for this entry.

Amendments to the Column (10) Vessel Stowage Requirements.

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 maintaining 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 maintaining 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.

During the preparation of the NPRM and final rule, 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 making 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 adopted to harmonize existing differences in stowage, handling, and segregation provisions between the HMR and the IMDG Code. A table of changes, listed in alphabetical order, showing the proper shipping name, UN identification number, any stowage codes adopted for removal, and any stowage codes adopted for addition is provided below. If a column is blank, no changes were adopted. 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 final rule.

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

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 dihydrate

UN2851

25

Boron trifluoride dimethyl etherate

UN2965

25

Bromoform

UN2515

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)

UN2669

25

Chloromethyl chloroformate

UN2745

21, 100

Chloronitrobenzenes, liquid

UN3409

44, 89, 100, 141

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

UN2988

13, 147, 148

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

UN3094

13, 148

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

UN2923

95

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

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

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

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

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

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, 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 per0oxide 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

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

UN3391

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, 100

Phosphorus heptasulfide,

free from yellow or white phosphorus

UN1339

13, 147, 148

Phosphorus pentasulfide,

free from yellow or white phosphorus

UN1340

13, 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, 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

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 B, temperature controlled

UN3231

25

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

148

Sodium phosphide

UN1432

13, 148

Stannic phosphide

UN1433

13, 148

Strontium peroxide

UN1509

148

Strontium phosphide

UN2013

13, 148

Sodium superoxide

UN2547

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 1000 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

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

PHMSA received two comments concerning amendments to column (10B) of the HMT. IVODGA commented providing full support for the changes as proposed in the NPRM. DGAC provided multiple editorial comments related to the assignment of various vessel stowage codes primarily based on the codes indicated in the above table when compared to what was proposed in the NPRM. The DGAC comments are as follows:

“Aluminum Ferrosilicon Powder (UN1395)

The PG III entry is missing Vessel Stowage Code 148 in column 10B in the Docket HMT . . .” PHMSA agrees and has amended column (10B) accordingly.

“Aluminum Powder Coated (UN1309)

Per the table of 176.84 changes, 13, 147, and 148 are to be added in column 10B for this entry (PG II and III) . . . The addition of 13 is not necessary as this entry (PG II and III) already lists a Vessel Stowage Code 13 in column 10B per the 10-1-13 version of 49 CFR.” PHMSA agrees and code 13 is removed from the table of changes.

“Ammonium Sulfide Solution (UN2683)

The vessel stowage codes listed in column 10B in the proposed HMT for this entry are not in numerical order . . . The vessel stowage codes are listed as 12, 25, 22, 52, 100 versus 12, 22, 25, 52, 100.” PHMSA agrees and the codes are reordered.

“Barium Peroxide (UN1449)

The Vessel Stowage Location listed in column 10A in the proposed HMT is C . . . In the 10-1-13 Version of 49 CFR, the Vessel Stowage Location listed in Column 10A is A.” Although not specifically identified in the preamble to the NPRM the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising column (10A) to read C.

“Batteries, Dry, Containing Potassium Hydroxide Solid (UN3028)

Vessel stowage code 52 is removed in column 10B in the proposed HMT for this entry . . . There is no entry in the Table of 176.84 Changes . . .” Code 52 should not have been proposed for removal in association with this entry and is reinserted in the HMT.

“Batteries, Wet, Filled With Acid (UN2794)

Vessel Stowage Code 146 is removed in column 10B in the proposed HMT for this entry . . . There is no entry in the table of 176.84 changes . . .” Code 146 should not have been proposed for removal in association with this entry and it has been reinserted in the HMT.

“Batteries, Wet, Filled With Alkali (UN2795)

Vessel stowage codes 52 and 146 are removed in column 10B in the proposed HMT for this entry . . . There is no entry in the table of 176.84 changes . . .” Codes 52 and 146 should not have been proposed for removal in association with this entry and they have been reinserted in the HMT.

Boron Trifluoride Dihydrate (UN2851)

This entry is incorrectly identified in the table of 176.84 changes as Boron Trifluoride Dehydrate. PHMSA agrees and has modified the table accordingly.

“Boron Trifluoride Dimethyl Etherate (UN2965)

This entry is listing Vessel Stowage Codes 13, 21, 25, 28, 40, 49, 100, 147, 148 in column 10B in the proposed HMT . . . Vessel Stowage Codes 21, 28, 40, 49, 100 are present in the 10-1-13 version of 49 CFR. Per the Table of 176.84 changes, only 25 was to be added for this entry. [There is no mention of adding 13, 147, 148] . . .” Codes 13, 147, and 148 should not have been proposed for addition in association with this entry and the HMT has been amended accordingly.

“Bromine (UN1744)

This entry is listing Vessel Stowage Codes 12, 25, 40, 66, 74 in column 10B in the proposed HMT . . . Vessel stowage codes 12, 40, 66, 74, 89, 90 are present in the 10-1-13 version of 49 CFR. Per the table of 176.84 changes, only 25 was to be added for this entry. [There is no mention of removing 89 and 90] . . .” DGAC is correct and codes 89 and 90 are reinserted in the HMT.

Bromoform (UN2515)

There is no UN number shown in the table of 176.84 changes. The appropriate UN number has been added to the table.

“Calcium Peroxide (UN1457)

The Vessel Stowage Location listed in column 10A in the proposed HMT is C . . . In the 10-1-13 version of 49 CFR, the Vessel Stowage Location listed in column 10A is A.” Although not specifically identified in the preamble to the NPRM, the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the

IMDG Code. As a result PHMSA is revising column (10A) to read C.

“Cerium (UN1333)

This entry is listing Vessel Stowage Codes 13, 66, 74, 91, 147, 148 in column 10B in the proposed HMT . . . Vessel stowage codes 74 and 91 are present in the 10-1-13 version of 49 CFR. Per the table of 176.84 changes, only 13, 147, and 148 are to be added for this entry and there is no mention of adding 66 . . .” Code 66 should not have been proposed for addition in association with this entry and has been removed from the HMT.

“Chlorocresols, Solid (UN3437)

This entry is listing Vessel Stowage Codes 12 and 25 in column 10B in the proposed HMT . . . Vessel Stowage Code 12 is present in the 10-1-13 version of 49 CFR. There is no entry in the table of 176.84 changes for Chlorocresols, Solid . . .” This proposed change was noted in the NPRM table of proposed changes. No action needed.

Chlorocresols Solution (UN2669)

This entry is incorrectly identified in the table of 176.84 changes as having the UN number UN3437 assigned instead of UN2669. PHMSA agrees and has modified the table accordingly.

“Chloromethyl Chloroformate (UN2745)

Per the table of 176.84 changes, Vessel Stowage Code 12 is proposed to be added for this entry . . . The addition of 12 is not necessary as this entry already lists a Vessel Stowage Code 12 in column 10B per the 10-1-13 version of 49 CFR.” Code 12 should not have been listed in the table of changes in association with this entry and has been removed from the table of changes.

“Corrosive Solids, Water-Reactive, N.O.S. (UN3096)

Per the table of 176.84 changes, Vessel Stowage Codes 13 and 148 are proposed to be added for this entry (PG I, II, and III) . . . There is no PG III entry for this PSN per the 10-1-13 version of 49 CFR. In addition, the text listed for the PG II and III entries in the proposed HMT is actually the same as the above HMT entry for UN2923—Corrosive Solids, Toxic, N.O.S. . . .” The commenter is correct. The PG III entry has been removed from the HMT and the PG II entry has been updated to include codes 13 and 148.

“Ferrosilicon (UN1408)

Per the table of 176.84 changes, Vessel Stowage Codes 13 and 148 are proposed to be added for this entry . . . The addition of 13 is not necessary as this entry already lists a Vessel Stowage Code 13 in column 10B per the 10-1-13 version of 49 CFR . . .” Code 13 should not have been listed in the table of changes in association with this entry and has been removed from the table of changes.

“Lithium Peroxide (UN1472)

Per the Table of 176.84 Changes, Vessel Stowage Codes 13 and 148 are proposed to be added for this entry . . . The addition of 13 is not necessary as this entry already lists a Vessel Stowage Code 13 in Column 10B per the 10-1-13 Version of 49 CFR. The Vessel Stowage Location listed in Column 10A in the Docket HMT is C . . . In the 10-1-13 Version of 49 CFR, the Vessel Stowage Location listed in Column 10A is A.” Code 13 has been removed from the table of changes. Although not specifically identified in the preamble to the NPRM, the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising column (10A) to read C.

“Magnesium Peroxide (UN1476)

Per the table of 176.84 changes, Vessel Stowage Codes 13 and 148 are proposed to be added for this entry . . . The addition of 13 is not necessary as this entry already lists a Vessel Stowage Code 13 in column 10B per the 10-1-13 Version of 49 CFR. The Vessel Stowage Location listed in column 10A in the Docket HMT is C . . . In the 10-1-13 Version of 49 CFR, the Vessel Stowage Location listed in column 10A is A.” Code 13 has been removed from the table of changes. Although not specifically identified in the preamble to the NPRM the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising column (10A) to read C.

“Metal Powder, Self-Heating, N.O.S. (UN3189)

Per the table of 176.84 changes, Vessel Stowage Codes 13, 147, and 148 are proposed to be added for this entry (PG II and III) . . . This entry (PG II and III) is only listing Vessel Stowage Codes 13 and 148 in Column 10B in the Docket HMT . . .” Only codes 13 and 148 are assigned to this entry, and the table of changes has been updated accordingly.

“Metal Powders, Flammable, N.O.S. (UN3089)

This entry (PG II and III) is listing Vessel Stowage Codes 13, 74, 147, and 148 in column 10B in the proposed HMT . . . In the 10-1-13 version of 49 CFR, there are no entries for Vessel Stowage Codes in column 10B. Per the Table of 176.84 Changes (1st entry), Vessel Stowage Code 74 is proposed to be added for this entry . . . Per the table of 176.84 changes (2nd entry), Vessel Stowage Codes 13, 74, 147, and 148 are proposed to be added for this entry . . .” The table of changes has been updated to reflect only one HMT entry changing.

“Organic Peroxide Type E liquid (UN3107)

Vessel Stowage Code 40 is listed in Column 10B in the proposed HMT for this entry. Vessel Stowage Code 25 is not listed in Column 10B in the proposed HMT for this entry . . . Per the Table of 176.84 Changes, 40 was to be removed and 25 was to be added for this entry . . .” The commenter is correct. Code 40 has been removed from the HMT.

“Organic Peroxide Type F, Solid, Temperature Controlled (UN3120)

Per the table of 176.84 changes, Vessel Stowage Code 40 was to be removed and 25 was to be added for this entry . . . The removal of 40 is not necessary as this entry does not list a Vessel Stowage Code 40 in Column 10B per the 10-1-13 version of 49 CFR.” Code 40 has been removed from the table of changes.

“Organometallic Substance, Liquid, Water-Reactive (UN3398)

The PG II entry for this entry is listing IP2 as a Special Provision in Column 7 and D versus E in Column 10A . . . These changes are not present in the 10-1-13 version of 49 CFR.” The commenter is correct. Special provision IP2 has been removed from column 7 of the HMT and the correct stowage category for this entry is E.

“Organometallic Substance, Solid, Pyrophoric (UN3391)

This entry is listing Vessel Stowage Codes 13 and 148 in column 10B in the proposed HMT . . . In the 10-1-13 version of 49 CFR, there are no entries for Vessel Stowage Codes in Column 10B. There is no entry in the table of 176.84 changes . . . for this PSN.” DGAC is correct. Codes 13 and 148 have been added to the table of changes.

“Oxidizing Liquid, Toxic, N.O.S. (UN3099)

Per the table of 176.84 changes, Vessel Stowage Code 106 was to be removed for this entry (PG I, II, and III) . . . This entry is not listing a Vessel Stowage Code of 95 in Column 10B for the PG II and PG III entries in the proposed HMT . . . In the 10-1-13 version of 49 CFR, Vessel Stowage Code 95 is listed for the PG II and PG III entries for this entry.” DGAC is correct and code 95 has been placed in column (10B) for these entries.

“Oxidizing Solid, Corrosive, N.O.S. (UN3085)

Per the table of 176.84 changes, Vessel Stowage Code 106 was to be removed for this entry (PG I, II, and III) . . . This entry is not listing a Vessel Stowage Code of 34 in column 10B for the PG II and PG III entries in the proposed HMT . . . In the 10-1-13 version of 49 CFR, Vessel Stowage Code 34 is listed for the PG II and PG III listings for this entry.” DGAC is correct and code 34 has been placed in column (10B) for these entries.

“Peroxides, Inorganic, N.O.S. (UN1483)

The Vessel Stowage Location

listed in Column 10A in the proposed HMT is C . . . In the 10-1-13 Version of 49 CFR, the Vessel Stowage Location listed in column 10A is A.” Although not specifically identified in the preamble to the NPRM, the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising column (10A) to read C.

“Phenyl Chloroformate (UN2746)

Per the table of 176.84 Changes, Vessel Stowage Codes 21 and 10 are to be removed for this entry . . . Per the 10-1-13 version of 49 CFR, this entry does not list a Vessel Stowage Code 10 in Column 10B. In the 10-1-13 version of 49 CFR, this entry does however list a Vessel Stowage Code 100 in Column 10B.” DGAC is correct. Code 100 is removed from the HMT.

“Phosphorus Pentasulfide (UN1340)

This entry is listing Vessel Stowage Codes 13 and 148 in Column 10B in the proposed HMT . . . There is no entry in the Table of 176.84 Changes . . . for this PSN.” DGAC is correct in that codes 13 and 148 were added by the IMO and have been added to the table of changes.

“Potassium Peroxide (UN1491)

The Vessel Stowage Location listed in column 10A in the proposed HMT is C . . . In the 10-1-13 Version of 49 CFR, the Vessel Stowage Location listed in Column 10A is B.” Although not specifically identified in the preamble to the NPRM, the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising column (10A) to read C.

“Potassium, Metal Alloys, Solid (UN3403)

This entry is listed in proposed HMT with Vessel Stowage Codes 13, 52, and 148 in Column 10B . . . Per the 10-1-13 version of 49 CFR, this entry does not list any Vessel Stowage Codes in column 10B. Per the Table of 176.84 changes (1st entry), Vessel Stowage Codes 13 and 148 are to be added for this entry . . . Per the Table of 176.84 changes (2nd entry), Vessel Stowage Codes 13, 52, and 148 are to be added for this entry . . .” There should have only been one entry for the PSN in the table of changes. The entries are consolidated and codes 13, 52, and 148 are added.

“Potassium Superoxide (UN2466)

Per the Table of 176.84 Changes, Vessel Stowage Codes 13 and 148 are to be added for this entry . . . The addition of 13 is not necessary as this entry already lists a Vessel Stowage Code 13 in Column 10B per the 10-1-13 Version of 49 CFR. The Vessel Stowage Location listed in Column 10A in the proposed HMT is D . . . In the 10-1-13 Version of 49 CFR, the Vessel Stowage Location listed in Column 10A is B.” Code 13 is removed from the table of changes. Although not specifically identified in the preamble to the NPRM, the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. Further review of the change made at IMO indicates the correct stowage category to be E. As a result PHMSA is revising column 10A to read E.

“Self-Reactive Liquid Type B, Temperature Controlled (UN3231)

Vessel Stowage Code 25 is added in Column 10B in the proposed HMT . . . There is no entry in the Table of 176.84 Changes . . . for this PSN.” DGAC is correct and an entry for this PSN has been added to the table of changes.

“Sodium Peroxide (UN1504)

Per the Table of 176.84 changes, Vessel Stowage Codes 13 and 148 are proposed to be added for this entry . . . The addition of 13 is not necessary as this entry already lists a Vessel Stowage Code 13 in Column 10B per the 10-1-13 version of 49 CFR. The Vessel Stowage Location listed in Column 10A in the Docket HMT is C . . . In the 10-1-13 Version of 49 CFR, the Vessel Stowage Location listed in Column 10A is B.” Code 13 is removed from the table of changes. Although not specifically identified in the preamble to the NPRM, the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising column (10A) to read C.

“Sodium Superoxide (UN2547)

In the proposed HMT, Vessel Stowage Codes 13, 52, 66, 75, and 148 are listed in Column 10B. Per the 10-1-13 version of 49 CFR, 13, 52, 66, and 75 are listed as Vessel Stowage Codes in Column 10B. This entry is not listed in the Table of 176.84 Changes . . . The Vessel Stowage Location listed in Column 10A is D . . . In the 10-1-13 Version of 49 CFR, the Vessel Stowage Location listed in column 10A is E.” DGAC is correct that code 148 was added by the IMO and thus, has been added to the table of changes. Although not specifically identified in the preamble to the NPRM, the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising column (10A) to read D.

“Strontium Peroxide (UN1509)

Per the Table of 176.84 Changes, Vessel Stowage Codes 13 and 148 are proposed to be added for this entry . . . The addition of 13 is not necessary as this entry already lists a Vessel Stowage Code 13 in Column 10B per the 10-1-13 Version of 49 CFR. The Vessel Stowage Location listed in Column 10A in the Docket HMT is C . . . In the 10-1-13 Version of 49 CFR, the Vessel Stowage Location listed in Column 10A is A.” Code 13 has been removed from the table of changes. Although not specifically identified in the preamble to the NPRM, the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising column (10A) to read C.

“Zinc Peroxide (UN1516)

Per the Table of 176.84 Changes, Vessel Stowage Codes 13 and 148 are proposed to be added for this entry. The addition of 13 is not necessary as this entry already lists a Vessel Stowage Code 13 in Column 10B per the 10-1-13 Version of 49 CFR. The Vessel Stowage Location listed in column 10A in the Docket HMT is C . . . In the 10-1-13 version of 49 CFR, the Vessel Stowage Location listed in Column 10A is A.” Code 13 has been removed from the table of changes. Although not specifically identified in the preamble to the NPRM, the stowage category for this UN number has been amended by the IMO in amendment 37-14 of the IMDG Code. As a result PHMSA is revising column (10A) to read C.

Appendix B to § 172.101

Appendix B to § 172.101 lists Marine Pollutants regulated under the HMR. In this final rule, PHMSA is revising the List of Marine Pollutants by adding sixty-two new entries consistent with the IMDG Code. These changes 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-)” is removed based on its removal from the IMDG Code.

PHMSA received two comments from the ACC regarding our proposed addition of one specific material, dodecene, to the list of marine pollutants. In its first comment, the ACC requests a 30 day extension of the comment period to better understand “dodecene's place on other lists referenced in the proposed rule.” ACC notes that it would use the time to coordinate with industry to better understand the information contained in the dodecene Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) dossiers. PHMSA is denying the ACC's request for a 30 day extension of the

comment period for this rulemaking as the revision to include dodecene in the Marine Pollutant List is consistent with our standard practice of aligning Appendix B with the indicative list of marine pollutants found in the IMDG Code. In its second comment, the ACC notes that the use of the name “dodecene” in both the IMDG Code and PHMSA proposed rule makes it unclear exactly what substance is being regulated. When manufactured, “dodecene” may represent a number of Chemical Abstracts Service (CAS) numbers and different chemical properties. In other words, this single description of dodecene may not reflect what the Panel members currently manufacture and ship. The ACC also notes that the REACH registration of a close analog of dodecene, 1-dodecene/dodec-1-ene, indicates that dodecene would not meet the criteria of a Marine Pollutant, as set forth in the PHMSA list, based on aquatic toxicity data. The REACH dossier indicates “conclusive but not sufficient for classification” on both acute and chronic environmental categories associated with this compound. The inclusion of all entries proposed for addition in the NPRM were thoroughly vetted by several sub-committees of the International Maritime Organization prior to adoption into amendment 37-14 of the IMDG Code. The GESAMP data assigns all dodecene isomers a B1 numerical rating of 4. This rating of 4 indicates acute aquatic toxicity, and thus merits inclusion of dodecene to the list of marine pollutants in Appendix B to § 172.101.

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 adopting 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 requirements of this subchapter. In this final rule, PHMSA is revising 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 final rule, PHMSA is revising 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 final rule, PHMSA is revising 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. PHMSA received one comment from IME in support of this revision.

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 final rule, PHMSA is revising 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 clarifying that this entry does not apply to life saving appliances described in § 173.219 (UN Nos. 2990 and 3072).

PHMSA received comments from Key Safety Systems, TK Holdings Inc., and TRW Automotive requesting that special provision 160 be revised to note that if the air bag inflator unit and or pyromechanical device satisfactorily passes the series 6(c) test, it is not necessary to repeat the test on the air bag module. PHMSA is not convinced the requested change is necessary. The purpose of the exception from testing in this special provision is to state that air bag modules do not need to be tested if the air bag inflators were tested. Air bag inflators are any article used to inflate a module, which includes inflators that use compressed gas, gas generant tablets, or a hybrid design. Pyromechanical devices are generally piston type devices and would not be used to inflate modules. Therefore the addition of “pyromechanical devices” to the sentence in SP160 excepting air bag modules from being re-tested would not be appropriate.

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 final rule, PHMSA, consistent with

the UN Model Regulations, is adopting new proper shipping names for these items, “Safety devices” (UN3268) for those articles assigned to Class 9, and “Safety Devices, pyrotechnic” (UN0503) for those articles assigned to Division 1.4G. Since the proper shipping names for these items would no longer be 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 are deleting it from the regulations and deleting its reference from the UN0503 entry in the HMT. Under this 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 final rule, PHMSA is revising 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 adopting 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 adding 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.

PHMSA received a comment from James Lynch asking how the 1 × 10

−

10

cm

3

/s leaktightness prior to filling limit was arrived at and proposing an alternative limit amount. The limit, as proposed and adopted, was determined by the UN Committee of Experts on the Transport of Dangerous Goods to provide an appropriate level of safety to ensure essentially no gas will leak from the detector once filled. In the interest harmonization is maintaining the limit as proposed in the NPRM. Mr. Lynch also commented that in paragraph (a)(1)(iii) that the 1800 kPa should specify “gauge.” While Mr. Lynch is correct that paragraph (a)(1)(iii) is applicable pressure at the “gauge,” in the interest of harmonization PHMSA is maintaining the revisions as proposed in the NPRM.

PHMSA received a comment from Bechtel Plant Machinery Inc. requesting a 90 day extension of the final rule comment period to further review the logistical and technical impact of these proposed regulation changes for the transportation of neutron radiation detectors. PHMSA is denying Bechtel Plant Machinery Inc.'s request for an extension of the comment period for this final rule. We are revising the HMR to maintain alignment with international standards by incorporating various amendments, including revision of the transport conditions for neutron radiation detectors in special provision 238. In addition, the revisions to special provision 238 do not invalidate existing special permits or de minimis interpretations issued by PHMSA. Further, for reasons mentioned elsewhere in this rulemaking, it is imperative that a harmonization rulemaking be published on or near January 1st, 2015 to facilitate unencumbered commerce. It is important to note that the transport provisions for these detectors in the ICAO TI, which this final rule harmonizes with, will become effective January 1st, 2015.

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 final rule PHMSA is further clarifying 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 supplementing 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 final rule, PHMSA is revising 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. PHMSA received one comment from DGAC noting that as proposed special provision 362 has two paragraph d's. PHMSA has amended the final rule text to ensure proper paragraph sequencing.

Special Provision 367

A new special provision 367 is added 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 compounds consist primarily 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. PHMSA received one comment from COSTHA providing support for this new provision. COSTHA noted that this provision will greatly enhance the efficiencies of businesses transporting these materials.

Special Provision 368

In this final rule, PHMSA is 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 final rule, PHMSA assigns special provision 369 to UN3507 to specify a primary hazard of Class 8 with subsidiary risk of Class 7, subject to certain conditions.

Special Provision 370

In this final rule, PHMSA is adding new special provision 370 and assigning it to the revised HMT entry “UN0222, Ammonium Nitrate.” In the NPRM, PHMSA proposed revising the proper shipping name for UN0222 by removing the qualifying italicized text assigned to UN0222 and including it in this special provision. Based on a comment submitted by IME and discussed in the section-by-section review of amendments to Column (2) of the HMT, we are not moving the qualifying italicized text from the proper shipping name to the special provision in this final rule. In this final rule, we are maintaining paragraph b. of special provision 370 as proposed in the NPRM to clarify that 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 must be assigned to UN0222.

Special Provision 371

In this final rule, PHMSA is 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 final rule, PHMSA is adding a 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. PHMSA received one comment from COSTHA supporting the amendment as proposed noting that this provision now gives clear guidance on how manufacturers are to ship these articles.

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 that these general requirements prohibiting venting should not be applicable. In this final rule, we are harmonizing with the ICAO TI and waiving the general requirements of §§ 173.24(g)(1) and 173.27(c). Special provision A60 is revised accordingly.

Special Provision A61

In this final rule, PHMSA is adding a new special provision A61 and assigning it to the HMT entries “UN 3107, Organic peroxide type E, liquid” and “UN 3109, Organic peroxide type F, liquid.” PHMSA is aligning 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 several national authorities. The inclusion of this new special provision will eliminate the need for these exemptions and facilitate international transport.

IBC Codes and IP Codes

Section 172.102(c)(4) prescribes situations where Large Packagings are authorized. In this final rule, PHMSA is authorizing the use of large packagings for lithium batteries without assigning IB3 or IB8 to the corresponding entries in the § 172.101 Table by adding a reference to § 173.185 before the reference to § 173.225(e). See

Section 173.185 Lithium batteries

for a detailed discussion of the proposed a use of rigid large packagings for lithium batteries. In this final rule, PHMSA is authorizing the use of large packagings for lithium batteries without assigning IB3 or IB8 to the corresponding entries in the § 172.101 Table by revising by adding a reference to § 173.185 before the reference to § 173.225(e). 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 the UN Model Regulations 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 and 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 IBCs, which are intended for gravity or pressure discharge, are appropriate. The UN sub-committee adopted a proposal to reinstate the IBCs that were previously authorized. In this final rule, we are harmonizing with the UN Model Regulations by revising the IBC Codes IB4 through IB8 in paragraph (c)(4), 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 final rule, PHMSA is adding a 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.

Before an internal inspection can be performed, the tank must be cleaned and purged. In this process, it is difficult to ensure that water, impurities, or contaminants introduced during cleaning are fully removed before organometallic substances are again introduced into the tank, which could potentially result in a dangerous reaction or have an effect on the purity of the product. Since these organometallic substances are fully compatible with and 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. 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, leakage, or other conditions that indicate a deficiency in accordance with § 180.605(f). PHMSA received one comment from Dow Chemical in support of this special provision.

Section 172.204

This section describes the text that must be contained within the shipper's certification on a shipping paper. PHMSA received a comment from Gregory Sutherland noting that PHMSA did not propose in the NPRM to align the text with the requirements of the UN Model Regulations and the IMDG Code in Section 172.204(a)(2) to allow the shipper's certification to be either below or above the required elements of a shipping paper. PHMSA agrees that harmonizing provisions for shipper's certification placement and language, by providing the allowance to place the certification either below or above other required elements, is necessary to facilitate international commerce. As a result, PHMSA is adding a note following § 172.204(a)(2) to allow substitution of the word “below” for the currently authorized “above” if appropriate.

Section 172.315

In this final rule, PHMSA is revising the specifications for the limited quantity markings prescribed in § 172.315(a)(2) and (b)(2) to be consistent with the revised specifications in the UN Model Regulations. To promote uniformity and consistency with the UN Model Regulations we are allowing manufacturers and printers necessary time to produce markings that conform to the revised specifications, and to deplete supplies of existing markings. PHMSA is adding a transitional period to authorize a limited quantity marking that is in conformance with the requirements of the regulations in effect on December 31, 2014, to be used until December 31, 2016. PHMSA received one comment from DGAC noting that many packages, especially those containing consumer products, may be permanently marked with the limited quantity marking and remain in the distribution cycle for an extended period of time. DGAC recommended that a provision be added which authorizes limited quantity markings conforming to the current requirements and permanently affixed to a package to be authorized for the useful life of the package. PHMSA agrees that there may be packages or packagings marked for an indefinite period of time and is adding a new paragraph (a)(2)(ii) and (b)(2)(ii) to § 172.315 to read “For domestic transportation, a packaging marked prior to January 1, 2017 and in conformance with the requirements of this paragraph in effect on December 31, 2014, may continue in service until the end of its useful life.”

Section 172.317

To promote the uniformity of the “Keep Away From Heat” handling mark throughout the international transportation community, the ICAO Technical Instructions have adopted revisions to clarify and standardize the specifications for this hazard communications element. In this final rule, PHMSA is revising the specifications in § 172.317(b) to be consistent with the revised specifications in the ICAO TI. Thus, we are adopting provisions to allow manufacturers and printers necessary time to produce markings that conform to the revised specifications, and to deplete supplies of existing markings. We are also adopting 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 December 31, 2014, to be used until December 31, 2016. For domestic transportation, we are authorizing a packaging marked with a “Keep Away From Heat” handling mark prior to January 1, 2017 and in conformance with the requirements of the regulations in effect on December 31, 2014, to continue in service until the end of its useful life.

Section 172.322

In this final rule, PHMSA is clarifying 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(e), PHMSA is deleting 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 final rule, PHMSA is revising § 172.322(e) to be consistent with the revised specifications for this marking in the UN Model Regulations. We are also adopting a transitional period to authorize a marine pollutant mark that is in conformance with the requirements of the regulations in effect on December 31, 2014, to be used until December 31, 2016, so that manufacturers and printers will have the necessary time to deplete

existing supply and to produce markings that conform to the revised specifications. For domestic transportation, we are authorizing a packaging marked with a marine pollutant mark prior to January 1, 2017 and in conformance with the requirements of the regulations in effect on December 31, 2014, to continue in service until the end of its useful life.

Section 172.326

Section 172.326 prescribes marking requirements for portable tanks. PHMSA received a comment from Edward Altemos noting that in the NPRM PHMSA did not propose to harmonize this section with recent changes adopted into Amendment 37-14 of the IMDG Code. Amendment 37-14 of the IMDG Code adopted a reduced size proper shipping name exception for portable tanks having a capacity of less than 3,000 L (792.52 gallons). Prior to this amendment proper shipping name markings on all portable tanks were required to be at least 65 mm (2.5 inches) high. Mr. Atlemos requests PHMSA harmonize with the IMDG Code on this issue. PHMSA agrees and is amending paragraph (a) accordingly.

Section 172.327

To promote the uniformity of markings, in this final rule, PHMSA is revising and clarifying 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 produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings, we are adopting a transitional period to authorize a “petroleum sour crude oil” mark that is in conformance with the requirements of the regulations in effect on December 31, 2014, to be used until December 31, 2016. For domestic transportation, we are authorizing a packaging marked with a “petroleum sour crude oil mark” prior to January 1, 2017 and in conformance with the requirements of the regulations in effect on December 31, 2014, to continue in service until the end of its useful life.

Section 172.407

The UN Model Regulations have adopted revisions to clarify and standardize the specifications for labels to promote the uniformity of hazard communications labels throughout the international transportation community. In this final rule, PHMSA is revising § 172.407(c) to be consistent with UN Model Regulations. In addition, PHMSA is revising (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 produce labels that conform to the revised specifications, and to allow for the depletion of supplies of existing labels, we are adopting a transitional period to authorize a label that is in conformance with the requirements of the regulations in effect on December 31, 2014, to be used until December 31, 2016.

PHMSA received one comment from DGAC noting that many packages may be permanently labeled and remain in service for an extended period of time. DGAC recommended that a provision be added which authorizes labels conforming to the current requirements and permanently affixed to a package to be authorized for the life of the package. PHMSA agrees that there may be packages or packagings labeled for an indefinite period of time and in response is adding a new paragraph (c)(1)(iv) to § 172.407 to read “For domestic transportation, a packaging labeled prior to January 1, 2017 and in conformance with the requirements of this paragraph in effect on December 31, 2014, may continue in service until the end of its useful life.”

Finally, PHMSA is adding 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 because 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

The UN Model Regulations have adopted revisions to clarify and standardize the specifications for placards. In this final rule, PHMSA is revising the specifications for placards prescribed in § 172.519(c) to be consistent with the UN Model Regulations. Additionally, to allow manufacturers and printers necessary time to produce placards that conform to the revised specifications, and to allow for the depletion of supplies of existing placards, we are providing a transitional period. This transitional period authorizes a placard that is in conformance with the requirements of the regulations in effect on December 31, 2014, to be used until December 31, 2016. Finally, PHMSA realizes that in domestic transportation, numerous placards of a semi-permanent nature are in service. PHMSA is allowing, that for domestic transportation, a placard manufactured prior to January 1, 2017, in conformance with the requirements of the regulations in effect on December 31, 2014, may continue in domestic service until the end of its useful life provided the color tolerances are maintained and are in accordance with the display requirements of the subchapter.

Part 173

Section 173.2a

Section 173.2a outlines classification requirements for materials having more than one hazard. In this final rule, PHMSA is amending paragraph (a)(1) to note that shipments of “UN3507, Uranium hexafluoride, radioactive material, excepted package, less than 0.1 kg per package” are not required to apply the radioactive hazard as the primary hazard. This change is adopted to incorporate the transportation provisions for excepted packages of uranium hexafluoride adopted in the 18th Revised Edition of the UN Model Regulations, the IMDG Code and the ICAO TI.

Section 173.3

The UN Model Regulations have adopted revisions to clarify and standardize the specifications for markings. In this final rule, PHMSA is revising the specifications for markings for salvage packagings prescribed in § 173.3(c)(3); salvage cylinders prescribed in § 173.3(d)(3); and prescribing requirements for the marking of the proposed large salvage packaging in § 173.3(f) to be consistent with the revised specifications for salvage packaging markings in the UN Model Regulations. Also, to be consistent with the UN Model Regulations, and to allow shippers necessary time to implement the new marking requirements, we are adopting a transitional period to authorize a

marking that is in conformance with the requirements of the regulations in effect on December 31, 2014, to be used until December 31, 2016. PHMSA also realizes that salvage packagings and salvage cylinders are typically marked in a durable manner. PHMSA is authorizing, for domestic transportation, a salvage packaging or a salvage cylinder that is marked prior to January 1, 2017 in conformance with the requirements of the regulations in effect on December 31, 2014, to continue in service until the end of its useful life. PHMSA received one comment from RIPA supporting the transition period for “already fabricated and durably marked salvage packagings,” but requesting an additional transition year for embossed packagings. PHMSA notes however, that as is being adopted in this final rule a salvage cylinder that is marked prior to January 1, 2017 in conformance with the requirements of the regulations in effect on December 31, 2014, may continue in service until the end of its useful life.

Also PHMSA is adding a new paragraph (f) to § 173.3 authorizing and prescribing the use of large salvage packaging for all modes of transportation other than air. PHMSA received one comment from RIPA providing general support for the amendments as proposed.

Section 173.4a

The UN Model Regulations have been revised to clarify and standardize the specifications for the marking of excepted quantities of packaged hazardous materials. In this final rule, PHMSA is revising § 173.4a(g)(2) to be consistent with the revised specifications for these markings in the UN Model Regulations. We are adding a transition period so that manufacturers and printers can produce markings that conform to the revised specifications, and deplete existing supplies. An excepted quantities marking that is in conformance with the requirements of the regulations in effect on December 31, 2014, can be used until December 31, 2016. For domestic transportation, we are authorizing a packaging marked with an excepted quantities marking prior to January 1, 2017 and in conformance with the requirements of the regulations in effect on December 31, 2014, to continue in service until the end of its useful life.

Section 173.9

In this final rule, PHMSA is revising the specifications for the fumigant marking prescribed in § 173.9(e) to be consistent with the revised specifications for these markings in the UN Model Regulations. Also consistent with the UN Model Regulations, to allow manufacturers and printers necessary time to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings, we are authorizing a transitional period to authorize a fumigant marking that is in conformance with the requirements of the regulations in effect on December 31, 2014, to be used until December 31, 2016.

Section 173.11

In this final rule, PHMSA is adding a new § 173.11 that provides exceptions to the regulations for certain light bulbs containing hazardous materials based on their transport conditions, the quantity of hazardous materials contained in each light bulb or package, and the type of packaging. This new section is consistent with newly adopted provisions in the UN Model Regulations. In the NPRM, PHMSA proposed using the term “lamp” in this section for consistency with the language contained in the UN Model Regulations. However, a reference to “light bulbs” remained in § 173.307(a)(6). PHMSA received one comment from Alaska Airlines noting that this may be confusing for shippers and suggested defining the terms lamp and light bulb. We agree that using both of these terms may be confusing; however we do not believe there is a need for defining these two terms as they apply to the same commodity. Therefore, in this final rule, PHMSA is revising the language in § 173.11 and § 173.307 to include the term “lamp” in association with “light bulb.”

Section 173.24

In this final rule, PHMSA is revising § 173.24 to authorize the use of supplementary packagings within an outer packaging (

e.g.,

an intermediate packaging or a receptacle inside a required inner packaging) in addition to what is required by the regulations provided all applicable requirements are met and, if appropriate, suitable cushioning is used to prevent movement within the packaging. This revision is consistent with newly adopted provisions in the UN Model Regulations. PHMSA received one comment from Veolia requesting clarification that the newly proposed requirement under § 173.24(c)(2) for the use of “appropriate suitable cushioning” is only required when movement of the inner receptacles within the outer packaging would result in breakage of the inner receptacles during transportation. PHMSA has revised § 173.24(c)(2) to clarify that appropriate suitable cushioning is only required when necessary.

Section 173.25

To promote the uniformity of markings, the UN Model Regulations have been revised to clarify and standardize the specifications for the overpack marking. In this final rule, PHMSA is revising § 173.25(a)(4) to be consistent with the revised specifications for these markings in the UN Model Regulations. Also consistent with the UN Model Regulations, to allow manufacturers and printers necessary time to produce markings that conform to the revised specifications, and to allow for the depletion of supplies of existing markings, we are adopting a transitional period to authorize an overpack marking that is in conformance with the requirements of the regulations in effect on December 31, 2014, to be used until December 31, 2016. For domestic transportation, we are authorizing an overpack marked with an overpack marking prior to January 1, 2017 and in conformance with the requirements of the regulations in effect on December 31, 2014, to continue in service until the end of its useful life. PHMSA received one comment from RIPA providing general support for this amendment.

Section 173.62

Consistent with the UN Model Regulations, in this final rule, PHMSA is revising § 173.62 relating to specific packaging requirements for explosives as follows:

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

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

Section 173.115

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

Currently the HMR do not prescribe requirements for the transport of adsorbed gases. In this final rule, PHMSA is adopting various transportation requirements for adsorbed gases. Therefore in this final rule we are adopting the above definition of an adsorbed gas based on the definition found in the 18th Revised Edition of the UN Model Regulations, the IMDG Code and the ICAO TI.

Section 173.121

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

Section 173.127

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

Section 173.151

Section 173.151 provides exceptions for Class 4 hazardous materials. In this final rule, PHMSA is revising paragraph (b) to replace a pre-existing paragraph (b)(2) relating to exceptions for charcoal briquettes (NA1361) that was inadvertently deleted in the final rule dated January 7, 2013 (HM-215K; 78 FR 1101).

Section 173.161

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

Section 173.164

Section 173.164 prescribes requirements for the transportation of Mercury (metallic and articles containing mercury). In this final rule, PHMSA is eliminating the existing exception for lamps containing mercury in paragraph (a)(5) since this exception will be covered in the new § 173.11 relating to exceptions for shipment of light bulbs containing hazardous materials.

Section 173.166

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

electrically initiated

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

electrically initiated

” and “Safety devices, pyrotechnic.” PHMSA received multiple comments (Takata, Autoliv, TRW Automotive, and COSTHA) supporting the inclusion of new proper shipping names for “Safety devices.”

The current § 173.166(b)(1)(iv) provides that under certain conditions a Class 9 (UN3268) air bag inflator, air bag module, or seat-belt pretensioner design is not required to be submitted to the Associate Administrator for approval or assigned an EX number. In the NPRM, PHMSA proposed not extending this exception to all Class 9 safety devices and maintaining this exception only for air bag inflators, air bag modules, and seat-belt pretensioners. All other types of safety devices, such as pyromechanical devices, that are candidates for Class 9 must be submitted to the Associate Administrator for approval. Takata, Autoliv, TRW Automotive, and COSTHA provided comments opposing PHMSA's proposal to not extend this exception to all “Safety, devices.” A summary of the commenters' positions follows:

• Employees who prepare shipping papers will have a difficult task to determine when an EX number is or is not required to be contained on the shipping paper, and training for this requirement by January 1, 2015 will be difficult to achieve.

• Automated software used to prepare shipping papers for hazardous materials will not be capable of differentiating between air bag inflators, air bag modules, seat-belt pretensioners and all other Class 9 (UN3268) safety devices. Software programs are written to either require an EX number or not require an EX number for UN3268 (Class 9) devices.

• Carriers are not capable of determining when a Class 9, UN3268 “Safety Device” does or does not require an EX number on the shipping papers.

• PHMSA approved explosives test labs will witness testing of Safety Devices, other than air bag inflators, air bag modul

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