# Hazardous Materials: Harmonization With International Standards (RRR)

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2016-20580

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** September 7, 2016
- **Citation:** 81 FR 61742

## Text

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 175, 176, 178, and 180
[Docket No. PHMSA-2015-0273 (HM-215N)]
RIN 2137-AF18
Hazardous Materials: Harmonization With International Standards (RRR)

AGENCY:

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

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations (HMR) to maintain consistency with international regulations and standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the HMR with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations. Additionally, PHMSA proposes several amendments to the HMR that result from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council.

DATES:

Comments must be received by November 7, 2016.

ADDRESSES:

You may submit comments by any of the following methods:

Federal Rulemaking Portal:

http://www.regulations.gov
. Follow the on-line instructions for submitting comments.

Fax:
1-202-493-2251.

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

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

Instructions:
Include the agency name and docket number PHMSA-2015-0273 (HM-215N) or RIN 2137-AF18 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to
http://www.regulations.gov
including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed stamped postcard.

Privacy Act:
Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit
http://www.regulations.gov
.

Docket:
You may view the public docket through the Internet at
http://www.regulations.gov
or in person at the Docket Operations office at the above address (See
ADDRESSES
).

FOR FURTHER INFORMATION CONTACT:

Steven Webb, Office of Hazardous Materials Standards or Aaron Wiener, 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:

Table of Contents

I. Executive Summary

II. Background

III. Incorporation by Reference Discussion Under 1 CFR Part 51

IV. Harmonization Proposals in This NPRM

V. Amendments Not Being Considered for Adoption in This NPRM

VI. Section-by-Section Review

VII. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

B. Executive Order 12866, Executive Order 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. Regulation Identifier Number (RIN)

H. Unfunded Mandates Reform Act of 1995

I. Environment Assessment

J. Privacy Act

K. Executive Order 13609 and International Trade Analysis

L. National Technology Transfer and Advancement Act

List of Subjects

I. Executive Summary

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

In this NPRM, PHMSA proposes to amend the HMR to maintain consistency with various international standards. The following are some of the more noteworthy proposals set forth in this NPRM:

•
Incorporation by Reference:
PHMSA proposes to incorporate by reference the newest versions of various international hazardous materials standards, including the 2017-2018 Edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions); Amendment 38-16 to the International Maritime Dangerous Goods Code (IMDG Code); the 19th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Model Regulations); the 6th Revised Edition of the United Nations Manual of Tests and Criteria; and the 6th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals. Additionally, we propose to update our incorporation by reference of the Canadian Transportation of Dangerous Goods (TDG) Regulations to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015. Finally, in this NPRM, PHMSA proposes the adoption of updated International Organization for Standardization (ISO) standards.

•
Hazardous Materials Table (HMT):
PHMSA proposes amendments to the § 172.101 Hazardous Materials Table (HMT) consistent with recent changes in the Dangerous Goods List of the 19th Revised Edition of the UN Model Regulations, the IMDG Code, and the

ICAO Technical Instructions. Specifically, we propose amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limits.

•
Provisions for Polymerizing Substances:
PHMSA proposes to revise the HMT consistent with amendments adopted into the UN Model Regulations. Specifically, we propose to include into the HMT four new Division 4.1 entries for polymerizing substances and to add into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls.

•
Modification of the Marine Pollutant List:
PHMSA proposes to modify the list of marine pollutants in appendix B to § 172.101. The HMR maintain this list as the basis for regulating substances toxic to the aquatic environment and allow use of the criteria in the IMDG Code if a listed material does not meet the criteria for a marine pollutant. PHMSA periodically updates this list based on changes to the IMDG Code and evaluation of listed materials.

•
Packaging Requirements for Water-Reactive Materials Transported by Vessel:
PHMSA proposes various amendments to packaging requirements for vessel transportation of water-reactive substances consistent with requirements in the IMDG Code. The amendments include changes to the packaging requirements to require certain commodities to have hermetically sealed packaging and to require other commodities—when packed in flexible, fiberboard, or wooden packagings—to have sift-proof and water-resistant packaging or packaging fitted with a sift-proof and water-resistant liner.

•
Hazard Communication Requirements for Lithium Batteries:
PHMSA proposes to revise hazard communication requirements for shipments of lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations. Specifically, PHMSA proposes to adopt a new lithium battery label in place of the existing Class 9 label; to amend the existing marking requirements for small lithium battery shipments in § 173.185(c) to incorporate a new standard lithium battery mark for use across all modes;
1

to delete the documentation requirement in § 173.185(c) for shipments of small lithium cells and batteries; and to require the lithium battery mark be applied to each package containing small lithium cells or batteries contained in equipment when there are more than four lithium cells or two lithium batteries installed in the equipment or where there are more than two packages in the consignment.

1
Small cells and batteries for the purposes of this rulemaking are a lithium metal cell containing not more than 1 gram of lithium metal, a lithium metal battery containing not more than 2 grams of lithium metal, a lithium ion cell not more than 20 Watt-hours (Wh), and a lithium ion battery not more than 100 Wh (49 CFR 173.185(c) and Section II of Packing Instructions 965 and 968 in the ICAO Technical Instructions).

•
Engine, Internal Combustion/Machinery, Internal Combustion:
PHMSA proposes to harmonize the HMT proper shipping names utilized for the transportation of engines and machinery containing engines with those in the UN Model Regulations. Additionally, PHMSA proposes harmonization with the IMDG Code for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. Under the proposals in this NPRM, the existing “Engine, internal combustion” entries would be assigned their own UN numbers and hazard class based on the type of fuel (
e.g.
a flammable liquid powered engine is assigned a proper shipping name with a Class 3 designation). Existing requirements and exceptions for the transportation of engines and machinery containing engines transported by road, rail, and aircraft would remain unchanged. PHMSA is, however, proposing to harmonize the transportation requirements for transportation by vessel, which includes varying degrees of hazard communication based on the type of fuel, amount of fuel, and capacity of the fuel tank.

•
U.S.-Canada Regulatory Cooperation Council (RCC) Proposals:
PHMSA proposes several amendments to the HMR resulting from coordination with Canada under the U.S.-Canada RCC. Specifically, we propose provisions for recognition of Transport Canada (TC) cylinders, equivalency certificates (permit for equivalent level of safety), and inspection and repair of cargo tanks. These changes would be made in conjunction with Transport Canada proposing similar regulatory changes that will provide reciprocal recognition of DOT cylinders and DOT special permits.

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

PHMSA solicits comment from the regulated community on these amendments and others proposed in this NPRM pertaining to need, benefits and costs of international harmonization, impact on safety, and any other relevant concerns. In addition, PHMSA solicits comment regarding approaches to reducing the costs of this rule while maintaining or increasing the benefits. In its preliminary analysis, PHMSA concluded that the aggregate benefits of the amendments proposed in this NPRM justify their aggregate costs. Nonetheless, PHMSA solicits comment on specific changes (
i.e.,
greater flexibility with regard to a particular amendment) that might improve the rule.

II. Background

Federal law and policy strongly favor the harmonization of domestic and international standards for hazardous materials transportation. The Federal hazardous materials transportation law (49 U.S.C. 5101
et seq.,
“Federal hazmat law”) directs PHMSA to participate in relevant international standard-setting bodies and promotes consistency of the HMR with international transport standards to the extent practicable. Although Federal hazmat law permits PHMSA to depart from international standards to promote safety or other overriding public interest, it otherwise encourages domestic and international harmonization (see 49 U.S.C. 5120).

In a final rule published December 21, 1990 (Docket HM-181; 55 FR 52402), PHMSA's predecessor—the Research and Special Programs Administration (RSPA)—comprehensively revised the HMR for international harmonization with the UN Model Regulations. The UN Model Regulations constitute a set of recommendations issued by the United Nations Sub-Committee of Experts (UNSCOE) on the Transport of Dangerous Goods (TDG) and the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The UN Model Regulations are amended and updated biennially by the UNSCOE and serve as

the basis for national, regional, and international modal regulations, including the IMDG Code and the ICAO Technical Instructions.

Since publication of the 1990 rule, PHMSA has issued 11 additional international harmonization rulemakings under the following dockets: HM-215A [59 FR 67390; Dec. 29, 1994]; HM-215B [62 FR 24690; May 6, 1997]; HM-215C [64 FR 10742; Mar. 5, 1999]; HM-215D [66 FR 33316; June 21, 2001]; HM-215E [68 FR 44992; July 31, 2003]; HM-215G [69 FR 76044; Dec. 20, 2004]; HM-215I [71 FR 78595; Dec. 29, 2006]; HM-215J [74 FR 2200; Jan. 14, 2009]; HM-215K [76 FR 3308; Jan. 19, 2011]; HM-215L [78 FR 987; Jan. 7, 2013]; and HM-215M [80 FR 1075; Jan. 8, 2015]. These rulemakings were based on biennial updates of the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions.

Harmonization becomes increasingly important as the volume of hazardous materials transported in international commerce grows. It not only facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials, but it also enhances safety when the international standards provide an appropriate level of protection. PHMSA actively participates in the development of international standards for the transportation of hazardous materials and promotes the adoption of standards consistent with the HMR. When considering the harmonization of the HMR with international standards, PHMSA reviews and evaluates each amendment on its own merit, on its overall impact on transportation safety, and on the economic implications associated with its adoption. Our goal is to harmonize with international standards without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community.

Based on recent review and evaluation, PHMSA proposes to revise the HMR to incorporate changes from the 19th Revised Edition of the UN Model Regulations, Amendment 38-16 to the IMDG Code, and the 2017-2018 Edition of the ICAO Technical Instructions, which become effective January 1, 2017.
2

2
Amendment 38-16 to the IMDG Code may be voluntarily applied on January 1, 2017; however, the previous amendment remains effective through December 31, 2017.

In addition, PHMSA proposes to incorporate by reference the newest editions of various international standards. These standards incorporated by reference are authorized for use, under specific circumstances, in part 171 subpart C of the HMR. This proposed rule is necessary to incorporate revisions to the international standards and, if adopted in the HMR, will be effective January 1, 2017.

Possible Interim Final Rule

The changes to the international standards will take effect on January 1, 2017. Therefore, it is essential that a final rule incorporating these standards by reference be published no later than December 31, 2016 with an effective date of January 1, 2017. Otherwise, U.S. companies—including numerous small entities competing in foreign markets—will be at an economic disadvantage because of their need to comply with a dual system of regulations (specifically, the HMR, UN Model Regulations, and ICAO Technical Instructions). To this end, if it appears a final rule under this docket will not be published prior to January 1, 2017, PHMSA will publish a bridging document in the form of an interim final rule to amend the HMR by incorporating the 19th Revised Edition of the UN Recommendations and the 2017-2018 Edition of the ICAO Technical Instructions.

With regard to Amendment 38-16 of the IMDG Code, the International Maritime Organization (IMO) approved an implementation date of January 1, 2018. The current edition of the IMDG Code (Amendment 37-14) remains in effect through 2017; therefore, we will not include the newest version of the IMDG Code in any bridging document. The proposed incorporation by reference of the newest edition of the IMDG Code and all other changes proposed in this NPRM would be addressed in a subsequent final rule also under this docket [PHMSA-2015-0273 (HM-215N)]. Accordingly, any interim final rule will only incorporate by reference editions of the international standards that become effective on January 1, 2017.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

The UN Recommendations on the Transport of Dangerous Goods—Model Regulations, Manual of Tests and Criteria, and Globally Harmonized System of Classification and Labelling of Chemicals, as well as all of the Transport Canada Clear Language Amendments, are free and easily accessible to the public on the internet, with access provided through the parent organization Web sites. The ICAO Technical Instructions, IMDG Code, and all ISO references are available for interested parties to purchase in either print or electronic versions through the parent organization Web sites. The price charged for those not freely available helps to cover the cost of developing, maintaining, hosting, and accessing these standards. The specific standards are discussed at length in the “Section-by-Section Review” for § 171.7.

IV. Harmonization Proposals in This NPRM

In addition to various other revisions to the HMR, PHMSA proposes the following amendments to harmonize the HMR with the most recent revisions to the UN Model Regulations, ICAO Technical Instructions, and IMDG Code, as well as several amendments resulting from coordination with Canada under the U.S.-Canada RCC:

•
Incorporation by Reference:
PHMSA proposes to incorporate by reference the latest editions of various international transport standards including the 2017-2018 Edition of the ICAO Technical Instructions; Amendment 38-16 of the IMDG Code; the 6th Revised Edition of the UN Manual of Tests and Criteria; the 6th Revised Edition of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals; and the 19th Revised Edition of the UN Model Regulations. Additionally, we are proposing to update our incorporation by reference of the Canadian TDG Regulations to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published July 16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015. This incorporation by reference augments the broad reciprocity provided in § 171.12 where the HMR allow the use of the TDG Regulations under certain conditions when transporting hazardous materials to or from Canada by highway or rail. Finally, PHMSA proposes the incorporation by reference of new and updated ISO standards.

•
Hazardous Materials Table (HMT):
PHMSA proposes amendments to the HMT to add, revise, or remove certain proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, bulk packaging requirements, vessel stowage and segregation requirements, and passenger and cargo aircraft maximum quantity limits.

•

Packaging Requirements for Water-Reactive Materials Transported by

Vessel:

PHMSA proposes various amendments to packaging requirements for vessel transportation of water-reactive substances. The amendments include changes to the packaging requirements to require certain commodities to have hermetically sealed packaging and to require other commodities—when packed in flexible, fiberboard, or wooden packagings—to have sift-proof and water-resistant packaging or packaging fitted with a sift-proof and water-resistant liner. These proposed changes are consistent with IMDG Code requirements.

•
Hazard Communication Requirements for Lithium Batteries:
PHMSA proposes to revise hazard communication requirements for lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations. Specifically, PHMSA proposes to adopt a new lithium battery label in place of the existing Class 9 label; to amend the existing marking requirements for small lithium battery shipments in § 173.185(c) to incorporate a new standard lithium battery mark for use across all modes; to remove the documentation requirement in § 173.185(c) for shipments of small lithium cells and batteries; and to amend the exception for small lithium cells and batteries requiring the lithium battery mark from the current applicability of “no more than four lithium cells or two lithium batteries installed in the equipment” to “no more than four lithium cells or two lithium batteries contained in equipment, where there are not more than two packages in the consignment.”

•
Engine, Internal Combustion/Machinery, Internal Combustion:
PHMSA proposes to harmonize the HMT entries for the transportation of engines and machinery containing engines with those in the UN Model Regulations. Additionally, PHMSA proposes harmonization with the IMDG Code for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. Under the proposals in this NPRM, the existing “Engine, internal combustion” entries would be assigned their own UN numbers and hazard class based on the type of fuel (
e.g.,
a flammable liquid powered engine is assigned a proper shipping name with a Class 3 designation). Existing requirements and exceptions for the transportation of engines and machinery containing engines transported by road, rail, and aircraft would remain unchanged. PHMSA is, however, proposing to harmonize the transportation requirements for transportation by vessel, which includes varying degrees of hazard communication based on the type of fuel, amount of fuel, and capacity of the fuel tank.

•
U.S.-Canada Regulatory Cooperation Council (RCC) Proposals:
The Prime Minister of Canada and the President of the United States created the U.S.-Canada Regulatory Cooperation Council in 2011. Through this effort, the United States and Canada strive to strengthen regulatory cooperation and reciprocity to enhance economic competitiveness while maintaining high standards of health, safety, and environmental protection. DOT, together with Transport Canada, have collaborated to develop a regulatory partnership statement and work plan, both of which can be viewed at
http://trade.gov/rcc
. Stakeholder input (which can be viewed at
www.regulations.gov
under Docket No. PHMSA 2012-0058), as well as internal and mutual regulatory review, help determine work plan initiatives and areas where enhanced regulatory cooperation and reciprocity might be feasible and beneficial provided there is no compromise in safety. Three primary initiatives identified in the work plan are the recognition of inspection and repair of cargo tanks under the U.S. requirements for highway transport, the mutual recognition of standard pressure receptacles (cylinders), and mutual recognition of DOT special permits and Transport Canada equivalency certificates.

—PHMSA proposes to address the cargo tank initiative by authorizing facilities in Canada that hold a Certificate of Authorization for repair from a provincial pressure vessel jurisdiction to repair DOT specification cargo tanks that are used to transport hazardous materials in the United States. PHMSA further proposes to except those facilities from registering in accordance with part 107 subpart F of the HMR provided they are registered in accordance with the Transport Canada TDG Regulations. This proposed authority and exception would provide carriers with additional access to repair facilities in Canada without jeopardizing the DOT specification of a cargo tank and broaden reciprocity with Canada, which already recognizes repairs of TC specification cargo tanks performed by authorized and registered facilities in the United States.

—PHMSA proposes to address the cylinder initiative by authorizing the filling, requalification, and use of cylinders manufactured in accordance with the TDG Regulations that have a corresponding DOT specification in the HMR. Mutual recognition of cylinder specifications and requalification inspections will mean cylinder users that frequently conduct business that crosses the border will not need to maintain two sets of substantially similar cylinders.

—PHMSA proposes to address the equivalency certificate initiative by amending the HMR to allow shipments offered in accordance with an equivalency certificate to transit to their first destination without having to apply for a duplicative special permit from PHMSA.

V. Amendments Not Being Considered for Adoption in This NPRM

PHMSA's goal in this rulemaking is to maintain consistency between the HMR and the international requirements. We are not striving to make the HMR identical to the international regulations but rather to remove or avoid potential barriers to international transportation.

PHMSA proposes changes to the HMR based on amendments adopted in the 19th Revised Edition of the UN Model Regulations, the 2017-2018 Edition of the ICAO Technical Instructions, and Amendment 38-16 to the IMDG Code. We are not, however, proposing to adopt all of the amendments made to the various international standards into the HMR.

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

The following is a list of notable amendments to the international regulations that PHMSA is not considering for adoption in this NPRM:

•
Large Salvage Cylinders:
The 17th Revised Edition of the UN Model Regulations includes guidelines for Competent Authorities to use when issuing approvals for salvage pressure

receptacles. These revisions are found in Chapter 1.2, 4.1, 5.4, and 6.2 of the UN Model Regulations. Specifically, these requirements address the packaging, hazard communication, and safe transport of salvage pressure receptacles, also known as salvage cylinders in the United States. The 19th Revised Edition of the UN Model Regulations includes changes to the definition and packaging allowances for salvage cylinders. These changes authorize the use of a large salvage cylinder with a water capacity not exceeding 3,000 L to transport a cylinder with a water capacity up to 1,000 L. Salvage cylinders still require approval by appropriate Competent Authorities.

The HMR currently address the packaging, hazard communication, and safe transport of salvage cylinders in § 173.3(d) and do not require approval of the Associate Administrator to do so. PHMSA considers the current salvage cylinder requirements in the HMR to provide a sufficient level of safety and adequately address the shipment of damaged and defective cylinders. It is appropriate that larger salvage cylinders go through the existing approval process. Therefore, PHMSA is not proposing changes to the current HMR requirements for salvage cylinders.

•
Large Packagings for Waste Aerosols:
The 19th Revised Edition of the UN Model Regulations includes changes to the large packaging requirements for waste aerosols. The most notable change was to the packing group (PG) performance level required for large packagings transporting waste aerosols—from PG III to PG II. The HMR do not currently authorize the use of large packagings for aerosols. Therefore, PHMSA is not proposing changes to the current HMR requirements for large packagings for waste aerosols.

•
Table Tennis Balls:
The 19th Revised Edition of the UN Model Regulations includes a special provision assigned to “UN 2000, Celluloid” that excepts table tennis balls made of celluloid from the requirements of the Model Regulations if the total net mass of each table tennis ball does not exceed 3 grams and the net mass of table tennis balls does not exceed 500 grams per package. In a previously issued letter of interpretation (Ref. No. 14-0141), PHMSA stated that “it is the opinion of this office that the entry for UN 2000 Celluloid only applies when the material is in a pre-manufactured state
i.e.
blocks, rod, rolls, sheets, tubes etc.” We further stated: “Based on the information provided in your letter, including form and quantity of celluloid contained in the table tennis balls, it is our determination the table tennis balls are not in a quantity and form that pose an unreasonable risk to health, safety or property during transportation and, therefore, are not subject to regulation under the HMR.”

PHMSA maintains our position as stated in the letter of interpretation (Ref. No. 14-0141) that table tennis balls are not subject to the requirements of the HMR and that the “UN 2000, Celluloid” entry only applies when the material is in a pre-manufactured state (
i.e.
blocks rod, rolls, sheets, tubes, etc). Therefore, PHMSA is not proposing changes to the current HMR requirements to provide an exception for UN 2000.

•
IMO Portable Tank Marking:
Amendment 38-16 to the IMDG Code includes an amendment to require IMO portable tanks manufactured before January 1, 2003, to be marked with an indication of the portable tank instruction for which it meets the minimum test pressure, minimum shell thickness, pressure relief requirements, and bottom opening requirements (
i.e.,
the appropriate portable tank instruction). This change was made to clarify that the existing requirement for marking portable tanks with the portable tank instruction either on the tank itself or the tank data plate also applied to older IMO type portable tanks manufactured before January 1, 2003. PHMSA did not adopt the requirement for portable tanks to be marked with an indication of the portable tank instruction to which they comply when this requirement was first introduced. Therefore, PHMSA is not proposing changes to the current HMR requirements for IMO type portable tank markings. PHMSA notes, however, that portable tanks utilized in international transportation will need to be marked with an indication of an appropriate portable tank instruction.

•
Classification Inconsistencies:
The 19th Revised Edition of the UN Model Regulations includes text to address situations in which a consignor who is aware, on the basis of test data, that a substance listed by name in column 2 of the Dangerous Goods List in Chapter 3.2 of the UN Model Regulations meets classification criteria for a hazard class or division that is not identified in the list, may with the approval of the competent authority consign the substance:

—Under the same UN number and name but with additional hazard communication information as appropriate to reflect the additional subsidiary risk(s) (
e.g.,
documentation, label, placard) provided that the primary hazard class remains unchanged and that any other transport conditions (
e.g.,
limited quantity, packing and tank provisions) that would normally apply to substances possessing such a combination of hazards are the same as those applicable to the substance listed; or

—Under the most appropriate generic or n.o.s. entry reflecting all hazards.

The HMR, in §§ 172.402(a)(2) and 172.202(a)(3), allow and in most cases require hazardous materials exhibiting an additional subsidiary hazard to be labeled with the subsidiary hazard and to have the additional hazard described on shipping papers.

As detailed in the definition of Competent Authority Approval in § 107.1, specific regulations in subchapter A or C of the HMR are considered Competent Authority Approvals. PHMSA generally does not issue Competent Authority Approvals for situations already addressed by the HMR. Therefore, PHMSA is not proposing such changes to the current HMR requirements. Although PHMSA is not incorporating language specifically requiring a Competent Authority Approval in situations where a consignor has determined a substance has a different subsidiary risk than those identified in the HMT, we maintain the power to do so in order to facilitate commerce in situations where other competent authorities or carriers require such a document be provided.

•
Filling Procedures for UN Pressure Receptacles:
The 19th Revised Edition of the UN Model Regulations includes text in P200 requiring the filling of pressure receptacles to be carried out by qualified staff using appropriate equipment and procedures. These procedures are described as including checks of the following: conformity of receptacles and accessories with the UN Model Regulations, compatibility of the cylinder with the product to be transported, absence of damage that might affect safety, compliance with the degree or pressure of filling, and accuracy of marks and identification. Additionally, five ISO standards concerning inspection and filling of various cylinders were incorporated into P200. Compliance with these filling procedures is considered met if the appropriate ISO standard is applied.

The existing HMR requirements for filling procedures for pressure receptacles provide a sufficient level of safety and adequately address filling requirements for pressure vessels. Therefore, PHMSA is not proposing changes to the current HMR requirements for the filling of pressure receptacles nor the adoption of any of

the five ISO standards applicable to filling conditions and inspections.

•
Intentionally Infected Animals:
The 2017-2018 ICAO Technical Instructions adopted changes to the classification framework for infected live animals and animal materials. These changes are intended to support consistent classification for infected animals and animal materials. The issue was brought to the attention of the UN Sub-Committee at its 48th session, but they were not able to ascertain the impact of the changes made to the ICAO Technical Instructions or if further changes were necessary to the UN Model Regulations. The representative from ICAO who presented the paper noted they would come back with an additional paper and clarifications at the next session. As work at the UN Sub-Committee is still ongoing, PHMSA is not proposing changes to the current HMR requirements for the classification or transportation of infected live animals or animal materials at this time.

•
Special Aircraft Operations:
The 2017-2018 ICAO Technical Instructions adopted changes to the general exceptions for hazardous materials carried by an aircraft in special aircraft operations (
e.g.,
air ambulance, search and rescue). These changes are to clarify that hazardous materials involved in these special aircraft operations for related purposes (
e.g.,
training flights and positioning flights prior to or after maintenance) are excepted from the ICAO Technical Instructions as stated in Part 1, Chapter 1. On June 2, 2016, PHMSA published a final rule [Docket No. PHMSA-2013-0225 (HM-218H); 81 FR 35483] that revised § 175.1(d) (formerly § 175.9(b)(4)) to clarify that staging operations and other operations related to dedicated air ambulance, firefighting, or search and rescue operations are intended to be excepted from the HMR when in compliance with the [Federal Aviation Regulations] (FAR).” Accordingly, PHMSA and the Federal Aviation Administration (FAA) believe that the current special aircraft operation's provisions in § 175.1(d) sufficiently provide the flexibility to allow for these types of flight activities (
e.g.,
training flights and positioning flights prior to or after maintenance). Therefore, PHMSA is not proposing changes to the current HMR requirements for special aircraft operations.

•
Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft:
The 2015-2016 Edition of the ICAO Technical Instructions adopted enhanced safety provisions for lithium batteries transported by aircraft, effective April 1, 2016. These amendments (1) prohibit the transport of lithium ion cells and batteries as cargo on passenger aircraft; (2) require all lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge on cargo-only aircraft; and (3) limit the use of alternative provisions for small lithium cell or battery shipments under 49 CFR 173.185(c). PHMSA is considering adopting these amendments in a separate rulemaking. Further information is available in the docket for this rulemaking [PHMSA-2016-0014].

•
Sterilization Devices Containing Nitrogen Tetroxide or Nitric Oxide:
The 2017-2018 ICAO Technical Instructions adopted special provision A211 to allow for the transport of sterilization devices that contain small quantities of “UN 1067, Nitrogen dioxide” and “UN 1660, Nitric oxide, compressed” by both passenger and cargo aircraft. We are not proposing incorporation of ICAO special provision A211 at this time.

While we did not oppose the adoption of this provision at ICAO, we did so recognizing that the transport environment and infrastructure is much different in parts of the world outside of the United States; and that consistent with our harmonization rulemaking considerations we would assess how best to address this topic within the HMR. During the time these amendments were being considered by ICAO, we received a special permit application that detailed more specific information than was available during the ICAO deliberations. Additionally, PHMSA received a petition for rulemaking (P-1672) requesting PHMSA harmonize with the recently adopted ICAO TI provisions for sterilization devices. Based on the lack of broad applicability, the technically specific nature of these devices and packaging systems, the significant toxicity hazard and corresponding risk to air transport, and the benefit of considering additional operational controls available to mitigate risk, it is our determination that transport in accordance with the provisions of ICAO special provision A211 are more suitably addressed through PHMSA's Special Permit program.

•
Cylinders Containing Gases for Use in Fire Extinguishers or Stationary Fire-Fighting Installations:
In some cases cylinders that are not a permanent component of a fire extinguisher or a stationary fire-fighting installation are transported separately from these fire extinguishers (
e.g.,
prior to their use in the fire extinguisher or stationary fire-fighting installation and for filling). At the 44th session of the UN Sub-Committee, it was agreed that when the cylinder containing the compressed gas is transported separately, it should be subject to the same requirements as conventional cylinders.

On July 26, 2016, PHMSA published a NPRM [Docket No. PHMSA-2011-0140 (HM-234); 81 FR 48977] proposing to revise the § 173.309 introductory text to include cylinders used as part of a fire suppression system as a cylinder type authorized for transport in accordance with the HMT entry for fire extinguishers. The HM-234 NPRM notes the controls detailed in § 173.309 provide an acceptable level of safety regardless of whether the cylinder is equipped for use as a handheld fire extinguisher or as a component of a fixed fire suppression system.

As this issue is already being considered in an open rulemaking, we are not proposing to make any changes to the transport provisions for fire extinguishers or cylinders used in fire extinguishers. All comments, including potential impacts arising from differing domestic and international requirements, concerning transport requirements for cylinders used in fire extinguishers should be submitted to the HM-234 docket (Docket No. PHMSA-2011-0140) at
http://www.regulations.gov
.

VI. Section-By-Section Review

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

Part 107

Section 107.502

Section 107.502 provides general requirements for the registration of cargo tank and cargo tank motor vehicle manufacturers, assemblers, repairers, inspectors, testers, and design certifying engineers. In this NPRM, PHMSA proposes to revise paragraph (b) to provide an exception from the registration requirements for certain persons engaged in the repair, as defined in § 180.403, of DOT specification cargo tanks by facilities in Canada in accordance with the proposed § 180.413(a)(1)(iii) in this NPRM. Persons engaged in the repair of cargo tanks in Canada are required to register in accordance with the Transport Canada TDG Regulations as the Canadian registration requirements are substantially equivalent to those in part 107 subpart F of the HMR. The registration information is available on Transport Canada's Web site at
http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/highway/tanks.aspx
. The Transport Canada TDG Regulations except persons

repairing TC specification cargo tanks at facilities in the United States from registering in Canada if they are registered in accordance with part 107 subpart F.

Therefore, PHMSA believes that requiring the registration of Canadian cargo tank repair facilities authorized by the proposed § 180.413(a)(1)(iii) would be unnecessarily duplicative and that excepting them from registering in accordance with part 107 subpart F would augment reciprocity without negatively impacting safety. See “Harmonization Proposals in this NPRM” and the § 180.413 entry in the “Section-by-Section Review” of this document for additional background and discussion of this proposal.

Section 107.801

Section 107.801 prescribes approval procedures for persons seeking to engage in a variety of activities regulated by PHMSA (
i.e.,
independent inspection agencies, cylinder requalification). In this NPRM, PHMSA proposes to amend paragraph (a)(2) to include provisions for persons seeking approval to engage in the requalification, rebuilding, or repair of a cylinder manufactured in accordance with a Transport Canada (TC), Canadian Transportation Commission (CTC), Board of Transport Commissioners for Canada (BTC) or Canadian Railway Commission (CRC) specification under the Transport Canada TDG Regulations. Persons engaged in the requalification, rebuilding, or repair of TC, CTC, CRC, or BTC specification cylinders in the U.S. are required to register with DOT in accordance with this subpart. PHMSA will issue a new approval or revise an existing one to reflect the applicant's intent to requalify TC cylinders. Upon approval, the Requalifier Identification Number (RIN) holder must mark the TC cylinder in accordance with applicable Transport Canada TDG Regulations except that the requalifier's registered mark shall be replaced with the DOT RIN. See the discussion of proposed changes to § 107.805 for additional requirements and exceptions.

Section 107.805

Section 107.805 prescribes the requirements cylinder and pressure receptacle requalifiers need to meet in order to be approved by PHMSA. In this NPRM, PHMSA proposes to amend paragraph (a) to authorize prospective requalifiers to obtain approval by PHMSA to inspect, test, certify, repair, or rebuild TC specification cylinders; to amend paragraph (c)(2) to ensure the types of TC cylinders intended to be inspected, tested, repaired, or rebuilt at the facility are included in the application for approval to PHMSA; and to amend paragraph (d) to include various TC cylinders to the list of cylinders requiring issuance of a RIN to requalifiers.

PHMSA also proposes to amend paragraph (f) to recognize facilities authorized by Transport Canada to requalify comparable DOT specification cylinders, as well as DOT RIN holders to requalify comparable Transport Canada cylinders subject to modification of their existing approval. PHMSA recognizes that Transport Canada's approval and registration requirements are substantially equivalent to the requirements in 49 CFR part 107 subpart I and provide an equivalent level of safety. In addition, traceability is maintained based on Transport Canada's publicly available Web site at
http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/cylinder/requalifier.aspx
, which allows tracing of a DOT specification cylinder marked with a Transport Canada assigned requalifier's registered mark back to the appropriate requalification facility.
3

3
The search function on Transport Canada's Web site allows users to search for the registered mark of requalifiers. Searching by the registered mark found on a cylinder will allow interested parties to verify that the cylinder was requalified by a facility certified by Transport Canada.

The proposed addition of paragraph (f)(2) would allow persons who are already registered with PHMSA to perform requalification functions on DOT specification cylinders to register to requalify corresponding TC cylinder specifications without additional review by an independent inspection agency. Specifications considered equivalent are identified in the preamble to this notice (see Table 1 in § 171.12 discussion). Applicants would be required to submit all of the information prescribed in § 107.705(a) that identifies the TC, CTC, CRC, or BTC specification cylinder(s) or tube(s) to be inspected; certifies the requalifier will operate in compliance with the applicable TDG regulations; and certifies the persons performing requalification have been trained in the functions applicable to the requalifier activities.

The proposed addition of paragraph (f)(3) would allow persons who are already registered with Transport Canada to requalify corresponding DOT specification cylinders without additional application to PHMSA for approval. This proposed exception would provide cylinder owners with additional access to repair and requalification facilities in Canada, while also broadening reciprocity with Canada.

Part 171

Section 171.2

Section 171.2 prescribes general requirements for each person performing functions covered by this subchapter. PHMSA proposes to amend paragraph (h)(1) by adding the letters “TC,” “CRC,” and “BTC” to the list of specification indications that may not be misrepresented according to § 171.2(g). This is necessary as a result of proposed amendments in § 171.12 authorizing the use of various Transport Canada approved specification cylinders under certain conditions.

Section 171.7

Section 171.7 provides a listing of all voluntary consensus standards incorporated by reference into the HMR, as directed by the “National Technology Transfer and Advancement Act of 1996.” According to the Office of Management and Budget (OMB), Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,” government agencies must use voluntary consensus standards wherever practical in the development of regulations. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety, and protects the environment.

PHMSA actively participates in the development and updating of consensus standards through representation on more than 20 consensus standard bodies and regularly reviews updated consensus standards and considers their merit for inclusion in 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 well-established and documented safety histories, and their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, in this NPRM, PHMSA proposes to add and revise the following incorporation by reference materials:

• Paragraph (t)(1), which incorporates the
International Civil Aviation Organization
Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2015-2016 Edition, would be revised to incorporate the 2017-2018 Edition. The International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air contain detailed instructions necessary for the safe international transport of dangerous goods by air. The ICAO TI supports the broad principles by establishing requirements necessary to ensure hazardous materials are safely transported in aircraft while providing a level of safety that protects the aircraft and its occupants from undue risk.

• Paragraph (v)(2), which incorporates the
International Maritime Organization
International Maritime Dangerous Goods Code, 2014 Edition, Incorporating Amendment 37-14, English Edition, Volumes 1 and 2, would be revised to incorporate the 2016 Edition, Amendment 38-16. The International Maritime Organization International Maritime Dangerous Goods Code is intended to provide for the safe transportation of hazardous materials by vessel, protect crew members and to prevent marine pollution. The Code is based on the UN Model Regulations, but also includes additional requirements applicable to the transport of hazardous materials by sea (
e.g.,
requirements for marine pollutants; freight container loading procedures; stowage and segregation; and other requirements applicable to shipboard safety and preservation of the marine environment) that are not covered by the UN Model Regulations.

• Paragraph (w), which incorporates various
International Organization for Standardization
entries, would be revised to incorporate by reference standards for the specification, design, construction, testing, and use of gas cylinders:

—ISO 3807:2013 Gas cylinders—Acetylene cylinders—Basic requirements and type testing is proposed for incorporation in paragraph (w)(16). ISO 3807:2013 specifies the basic and type testing requirements for acetylene cylinders with and without fusible plugs with a maximum nominal water capacity of 150 L (39.62 gallons) and requirements regarding production/batch test procedures for manufacturing of acetylene cylinders with porous material.

—ISO 7866:2012 Gas cylinders—Refillable seamless aluminium alloy gas cylinders—Design, construction and testing; and ISO 7866:2012/Cor 1:2014 Gas cylinders—Refillable seamless aluminium alloy gas cylinders—Design, construction and testing, Technical Corrigendum 1 are proposed for incorporation in paragraphs (w)(27) and (w)(28). ISO 7866:2012 specifies minimum requirements for the material, design, construction and workmanship, manufacturing processes and tests at time of manufacture of refillable seamless aluminium alloy gas cylinders of water capacities up to and including 150 L (39.62 gallons) for compressed, liquefied and dissolved gases for worldwide use.

—ISO 11114-2:2013 Gas cylinders—Compatibility of cylinder and valve materials with gas contents—Part 2: Non-metallic materials is proposed for incorporation in paragraph (w)(48). ISO 11114-2:2013 gives guidance in the selection and evaluation of compatibility between non-metallic materials for gas cylinders and valves and the gas contents. It also covers bundles, tubes and pressure drums.

—ISO 9809-4:2014 Gas cylinders—Refillable seamless steel gas cylinders—Design, construction and testing—Part 4: Stainless steel cylinders with an Rm value of less than 1 100 MPa is proposed for incorporation in paragraph (w)(36). ISO 9809-4:2014 specifies the minimum requirements for the material, design, construction and workmanship, manufacturing processes, examinations, and tests at manufacture of refillable seamless stainless steel gas cylinders of water capacities from 0.5 L (.13 gallons) up to and including 150 L (39.62 gallons) for compressed, liquefied, and dissolved gases.

—ISO 10297:2014 Gas cylinders—Cylinder valves—Specification and type testing is proposed for incorporation in paragraph (w)(42). ISO 10297:2014 specifies design, type testing and marking requirements for: (a) Cylinder valves intended to be fitted to refillable transportable gas cylinders; (b) main valves (excluding ball valves) for cylinder bundles; (c) cylinder valves or main valves with integrated pressure regulator (VIPR); which convey compressed, liquefied or dissolved gases.

—ISO 10462:2013 Gas cylinders—Transportable cylinders for dissolved acetylene—Periodic inspection and maintenance is proposed for incorporation in paragraph (w)(44). ISO 10462:2013 specifies requirements for the periodic inspection of acetylene cylinders as required for the transport of dangerous goods and for maintenance in connection with periodic inspection. It applies to acetylene cylinders with and without solvent and with a maximum nominal water capacity of 150 L (39.62 gallons).

—ISO 11119-1:2012 Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 1: Hoop wrapped fibre reinforced composite gas cylinders and tubes up to 450 l; ISO 11119-2:2012 Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners; ISO 11119-2:2012/Amd 1:2014 Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with load-sharing metal liners; and ISO 11119-3:2013 Gas cylinders—Refillable composite gas cylinders and tubes—Design, construction and testing—Part 3: Fully wrapped fibre reinforced composite gas cylinders and tubes up to 450 l with non-load-sharing metallic or non-metallic liners are proposed for incorporation in paragraphs (w)(54), (w)(56), (w)(57), and (w)(59), respectively. ISO 11119-1:2012, ISO 11119-2:2012, and ISO 11119-3:2013 specify requirements for composite gas cylinders and tubes between 0.5 L (39.62 gallons) and 450 L (119 gallons) water capacity, for the storage and conveyance of compressed or liquefied gases.

—ISO 11515:2013 Gas cylinders—Refillable composite reinforced tubes of water capacity between 450 L and 3000 L—Design, construction and testing is proposed for incorporation in paragraph (w)(62). ISO 11515:2013 specifies minimum requirements for the design, construction and performance testing of composite reinforced tubes between 450 L (119 gallons) and 3,000 L (792.5 gallons) water capacity, for transport, storage and use of compressed or liquefied gases with test pressures up to and including 1600 bar with a design life of at least 15 years and less than or equal to 30 years.

• Paragraph (bb)(1), which incorporates the
Transport Canada
Transportation of Dangerous Goods Regulations, would add subparagraphs (xiii), (xiv), (xv), (xvi), (xvii), (xviii), and (xix) to include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-159 Erratum published July

16, 2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306 Erratum published January 28, 2015; and SOR/2015-100 published May 20, 2015, respectively. The Transport Canada Transportation of Dangerous Goods Regulations proposed for incorporation in this NPRM are updates to the existing Transportation of Dangerous Goods Regulations and cover all updates made by Transport Canada between January 2014-May 2015.

• Paragraph (dd)(1), which incorporates the
United Nations
Recommendations on the Transport of Dangerous Goods—Model Regulations, 18th Revised Edition (2013), Volumes I and II, would be revised to incorporate the 19th Revised Edition (2015), Volumes I and II. The United Nations Model Regulations on the Transport of Dangerous Goods provide a basis for development of harmonized regulations for all modes of transport, in order to facilitate trade and the safe, efficient transport of hazardous materials.

• Paragraph (dd)(2), which incorporates the
United Nations
Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria, 5th Revised Edition (2009), would be revised to incorporate the 6th Revised Edition (2015). The Manual of Tests and Criteria contains criteria, test methods and procedures to be used for classification of dangerous goods according to the provisions of Parts 2 and 3 of the United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations, as well as of chemicals presenting physical hazards according to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

• Paragraph (dd)(3) would be added to incorporate the
United Nations
Recommendations on the Transport of Dangerous Goods, Globally Harmonized System of Classification and Labelling of Chemicals (GHS), 6th Revised Edition (2015). Section 172.401 references the incorporation by reference of the GHS in § 171.7; however, this entry does not currently appear in § 171.7. The proposed addition of this paragraph would correct this oversight. The Globally Harmonized System of Classification and Labelling of Chemicals (GHS), addresses classification of chemicals by types of hazard and proposes harmonized hazard communication elements, including labels and safety data sheets. It aims at ensuring that information on physical hazards and toxicity from chemicals be available in order to enhance the protection of human health and the environment during the handling, transport and use of these chemicals. The GHS also provides a basis for harmonization of rules and regulations on chemicals at national, regional and worldwide level, an important factor also for trade facilitation.

Section 171.8

Section 171.8 defines terms generally used throughout the HMR that have broad or multi-modal applicability. In this NPRM, PHMSA proposes to add the following terms and definitions:

•
Design life:
PHMSA proposes to add the term “design life” to define the maximum life of composite cylinders and tubes. This term is specifically limited to references in the HMR related to composite cylinders and tubes.

•
SAPT:
PHMSA proposes to add the term “SAPT” and a reference to § 173.21(f). SAPT means self-accelerated polymerization temperature. See § 173.21(f) of this subchapter. This is consistent with the similar term SADT (self-accelerated decomposition temperature).

•
Service life:
PHMSA proposes to add the term “service life” to define the number of years a composite cylinder or tube is permitted to be in service. This term is specifically limited to references in the HMR related to composite cylinders and tubes.

Additionally, PHMSA proposes to amend the definitions for the following terms:

•
Aerosol:
PHMSA proposes to revise the definition of “aerosol” to clarify that it is an article. Currently under the HMR, an aerosol is considered to be an article and therefore the use of inner packagings in a combination package in not necessary. However, practice has shown that an aerosol is often mistaken for the inner packaging of a combination packaging, including both the substance dispensed (liquid, paste, or powder) and the propellant gas itself.

•
Large salvage packaging:
PHMSA proposes to revise the definition of “large salvage packaging” to add a reference to non-conforming hazardous materials packages to be consistent with the wording in the definition of “salvage packaging.”

•
UN tube:
PHMSA proposes to revise the definition of “UN tube,” which describes it as a seamless pressure receptacle, to specify that the term includes composite cylinders.

Section 171.12

Section 171.12 prescribes requirements for the use of the Transport Canada TDG Regulations. Under the U.S.-Canada RCC, which was established in 2011 by the President of the United States and the Canadian Prime Minister, PHMSA and Transport Canada, with input from stakeholders, identified impediments to cross-border transportation of hazardous materials. In this NPRM, PHMSA proposes to address these barriers by amending the HMR to expand recognition of cylinders, cargo tank repair facilities, and equivalency certificates in accordance with the TDG Regulations.

The HMR in § 171.12(a)(1) provide general authorizations to use the TDG Regulations for hazardous materials transported from Canada to the United States, from the United States to Canada, or through the United States to Canada or a foreign destination. PHMSA proposes to amend § 171.12(a)(1) to authorize the use of a Transport Canada equivalency certificate for such road or rail transportation of a hazardous material shipment. Consistent with existing authorizations to utilize the TDG Regulations for transportation from Canada to the United States, the proposed authorization to use a Transport Canada equivalency certificate only applies until the shipment's initial transportation ends. In other words, once a shipment offered in accordance with a Transport Canada equivalency certificate reaches the destination shown on either a transport document or package markings, transportation under the authorization in § 171.12 has ended. Any subsequent offering of packages imported under a Transport Canada equivalency certificate would have to be done in full compliance with the HMR. Transport Canada is proposing amendments to the TDG Regulations to authorize similar reciprocal treatment of PHMSA special permits.

The HMR in § 171.12(a)(4) authorize the transportation of a cylinder authorized by the Transport Canada TDG Regulations to, from, or within the United States. Currently this authorization is limited to Canadian Transport Commission (CTC) cylinders corresponding to a DOT specification cylinder and UN pressure receptacles marked with “CAN.” In this NPRM, PHMSA proposes to amend paragraph (a)(4)(ii) authorizing the use of Canadian manufactured cylinders. Specifically, PHMSA proposes to authorize the transportation of CTC, CRC, BTC, and TC cylinders that have a corresponding DOT specification cylinder prescribed in the HMR.

This proposal does not remove or amend existing requirements for DOT specification cylinders; rather, PHMSA proposes to provide that a shipper may use either a DOT specification cylinder or a TC cylinder as appropriate. The goal of these amendments is to promote

flexibility; to permit the use of advanced technology for the requalification and use of pressure receptacles; to provide for a broader selection of authorized pressure receptacles; to reduce the need for special permits; and to facilitate cross-border transportation of these cylinders.

Additionally, PHMSA proposes to amend paragraph (a)(4) to authorize the filling, maintenance, testing, and use of CTC, CRC, BTC, and TC cylinders that have a corresponding DOT specification cylinder as prescribed in HMR. This authorization will extend the recognition of cylinders manufactured in Canada to be filled, used, and requalified (including rebuild, repair, reheat-treatment) in the United States in accordance with the TDG Regulations.

Table 1 lists the Canadian cylinders with the corresponding DOT specification cylinders:

Table 1

TC

DOT
(some or all of these may also be marked with a ICC prefix)

CTC
(some or all of these may also be marked with a BTC and a CRC prefix)

TC-3AM
DOT-3A [ICC-3]
CTC-3A

TC-3AAM
DOT-3AA
CTC-3AA

TC-3ANM
DOT-3BN
CTC-3BN

TC-3EM
DOT-3E
CTC-3E

TC-3HTM
DOT-3HT
CTC-3HT

TC-3ALM
DOT-3AL
CTC-3AL

—
DOT-3B
CTC-3B

TC-3AXM
DOT-3AX
CTC-3AX

TC-3AAXM
DOT-3AAX
CTC-3AAX

TC-3TM
DOT-3T

TC-4AAM33
DOT-4AA480
CTC-4AA480

TC-4BM
DOT-4B
CTC-4B

TC-4BM17ET
DOT-4B240ET
CTC-4B240ET

TC-4BAM
DOT-4BA
CTC-4BA

TC-4BWM
DOT-4BW
CTC-4BW

TC-4DM
DOT-4D
CTC-4D

TC-4DAM
DOT-4DA
CTC-4DA

TC-4DSM
DOT-4DS
CTC-4DS

TC-4EM
DOT-4E
CTC-4E

TC-39M
DOT-39
CTC-39

TC-4LM
DOT-4L
CTC-4L

DOT-8
CTC-8

DOT-8AL
CTC-8AL

A U.S.-based facility is permitted to refill and use a cylinder marked as meeting CTC specification provided it complies with the applicable requirements specified in § 171.12. In accordance with § 171.12(a)(4), when the provisions of subchapter C of the HMR require that a DOT specification or a UN pressure receptacle must be used for a hazardous material, a packaging authorized by Transport Canada's TDG Regulations may be used only if it corresponds to the DOT specification or UN standard authorized by this subchapter.

If implemented, the proposed actions described above would resolve many of the existing reciprocity issues, streamline the processing of Canadian cylinders within the United States, and alleviate unnecessary burdens on the transportation industry. DOT RIN holders may requalify and mark a TC cylinder in accordance with applicable TDG Regulations, including the application of metric markings.

Section 171.23

Section 171.23 prescribes requirements for specific materials and packagings transported under the various international standards authorized by the HMR. PHMSA proposes to amend paragraph (a) to add TC, CTC, BTC, or CRC specification cylinders to the list of cylinders which may be transported to from or within the United States.

Part 172

Section 172.101

Section 172.101 provides the Hazardous Materials Table (HMT), as well as instructions for its use. Readers should review all changes for a complete understanding of the amendments. For purposes of the Government Printing Office's typesetting procedures, proposed changes to the HMT appear under three sections of the Table: “remove,” “add,” and “revise.” Certain entries in the HMT, such as those with revisions to the proper shipping names, appear as a “remove” and “add.” In this NPRM, PHMSA proposes to amend the HMT for the following:

New HMT entries:

• UN 0510 Rocket Motors, Division 1.4C

This new HMT entry is the result of packaged products of low power “Rocket motors” that typically meet test criteria for assignment to Division 1.4, Compatibility Group C, but are assigned to 1.3C (
i.e.,
UN 0186) or the 1.4C n.o.s. classification (
i.e.,
UN 0351). This 1.4 rocket motor entry accurately reflects the product type and hazard of these articles and allows for the assignment of specific packaging instructions. With the addition of an internationally recognized proper shipping name and identification number, PHMSA is considering the removal of the existing HMT entry “NA 0276, Model rocket motor.” We specifically solicit comment on the potential impact of removing the existing “NA 0276” 1.4C HMT entry.

• UN 3527 Polyester resin kit,
solid base material

This new HMT entry addresses polyester resin kits with a base material that does not meet the definition of Class 3 (Flammable liquid) and is more appropriately classed as a Division 4.1 (Flammable solid). Presently, polyester resin kits are limited to those with a Class 3 liquid base material component and are assigned under the entry UN 3269. This new entry permits products with a viscous base component containing a flammable solvent that

does not meet the definition of a flammable liquid but does meet the definition of a flammable solid.

• UN 3528 Engine, internal combustion, flammable liquid powered
or
Engine, fuel cell, flammable liquid powered
or
Machinery, internal combustion, flammable liquid powered
or
Machinery, fuel cell, flammable liquid powered

• UN 3529 Engine, internal combustion, flammable gas powered
or
Engine, fuel cell, flammable gas powered
or
Machinery, internal combustion, flammable gas powered
or
Machinery, fuel cell, flammable gas powered

• UN 3530 Engine, internal combustion
or
Machinery, internal combustion

These new HMT entries apply to the fuel contained in engines and machinery powered by Class 3 flammable liquids, Division 2.1 gases, and Class 9 environmentally hazardous substances. The previous entry applicable to these articles, UN 3166, is now applicable to vehicles only. As a result of the new “Engine” and “Machinery” entries, the entries “UN 3166, Engines, internal combustion,
or
Engines, fuel cell,
flammable gas powered
” and “UN 3166, Engines internal combustion,
or
Engines, fuel cell,
flammable liquid powered
” are removed.

• UN 3531 Polymerizing substance, solid, stabilized, n.o.s.

• UN 3532 Polymerizing substance, liquid, stabilized, n.o.s.

• UN 3533 Polymerizing substance, solid, temperature controlled, n.o.s.

• UN 3534 Polymerizing substance, liquid, temperature controlled, n.o.s.

These new Division 4.1 HMT entries are added for polymerizing substances that do not meet the criteria for inclusion in any other hazard class.

• Catecholborane (also known as 1, 3, 2-Benzodioxaborole)

At the ICAO DGP/25 meeting, the Panel was informed of an incident involving Catecholborane (also known as 1, 3, 2-Benzodioxaborole) that resulted in an industry recommendation to forbid transport of the substance by air unless transported in pressure receptacles and under cooled conditions. The material was classified as “UN 2924, Flammable liquid, corrosive, n.o.s.” The product properties indicated (1) that the substance decomposes to borane gas at a rate of 2 percent per week at room temperature, (2) that borane gas could ignite when in contact with moist air, and (3) that catecholborane could react violently with water. The incident occurred after transport of the substance was delayed for nine days as the result of extreme weather conditions with temperatures consistently above 33 °C (91 °F). After being stored for approximately two weeks at a low temperature at the destination, several bottles containing the substance exploded and caught fire. It was concluded that moist air entered the bottles during the long transit time under high temperatures causing a chemical reaction and pressure build up. Panel members suspected a classification problem, but they could not determine whether this was due to shipper error or a limitation in the classification criteria in the regulations. The issue was submitted to the attention of the UN Sub-Committee at the December 2016 meeting for further review and determination if a new classification was required. In the interim, a new light type entry was added to the ICAO Technical Instructions Dangerous Goods List with a new special provision (A210) assigned to “Catecholborane” and “1, 3, 2-Benzodioxaborole” forbidding the substance for transport by air on both passenger and cargo aircraft. Transport on cargo aircraft would be possible with the approval of the State of Origin and State of the Operator.

Consistent with the ICAO Technical Instructions, PHMSA proposes to add new HMT entries in italics for “Catecholborane” and “1, 3, 2-Benzodioxaborole” and to assign a new special provision A210 clarifying that this material is forbidden for air transport unless approved by the Associate Administrator.

Amendments to 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.

• PHMSA proposes to amend the proper shipping name for “UN 3269, Polyester resin kit” by adding the italicized text “liquid base material.” This is consistent with the format of the new HMT entry for polyester resin kits with a solid base material.

• PHMSA proposes to amend the proper shipping names for “UN 3151, Polyhalogenated biphenyls, liquid
or
Polyhalogenated terphenyls, liquid” and “UN 3152, Polyhalogenated biphenyls, solid or Polyhalogenated terphenyls, solid” by adding “Halogenated monomethyldiphenylmethanes, liquid” and “Halogenated monomethyldiphenylmethanes, solid,” respectively. Noting that halogenated monomethyldiphenylmethanes have similar chemical and ecotoxicological properties as polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs), we propose this revision to ensure that they are considered as PCBs or PCTs for the purposes of transport.

Amendments to column (3) hazard class or division:

Section 172.101(d) describes column (3) of the HMT and the designation of the hazard class or division corresponding to each proper shipping name.

PHMSA proposes to revise the hazard class of “UN 3507, Uranium hexafluoride, radioactive material, excepted package,
less than 0.1 kg per package, non-fissile or fissile-excepted,
” from Class 8 to Division 6.1 and subsequently to add the Class 8 hazard as a subsidiary hazard label code in column (6). This revision is based on the precedence provisions for classification of materials possessing more than one hazard and is consistent with the 19th Revised Edition of the UN Model Regulations. The presence of a Division 6.1 hazard was determined following a thorough review of literature and test data on uranium hexafluoride. A summary of the data and a proposal to revise the primary hazard class from Class 8 to Division 6.1 was provided in Working Paper ST/SG/AC.10/C.3/2014/60, which was submitted to the 45th session of the UN Sub-Committee of Experts on the Transport of Dangerous Goods and is available at
http://www.unece.org/fileadmin/DAM/trans/doc/2013/dgac10c3/ST-SG-AC.10-C.3-2014-60e.pdf.

Amendments to column (6) label(s):

Section 172.101(g) describes column (6) of the HMT and the labels required (primary and subsidiary) for specific entries in the HMT.

Data presented to the UNSCOE in this last biennium indicated a need for the addition of a subsidiary hazard of Division 6.1 to be assigned to “UN 2815, N-Aminoethylpiperazine,” “UN 2977, Radioactive material, uranium hexafluoride, fissile,” and “UN 2978, Radioactive material, uranium hexafluoride
non fissile or fissile-excepted.
” PHMSA proposes to make appropriate amendments to the HMT to account for these revisions to the UN Model Regulations.

For the HMT entry, “UN 3507, Uranium hexafluoride, radioactive material, excepted package,
less than 0.1 kg per package, non-fissile or fissile-excepted,
” PHMSA proposes to revise the labels for consistency with the change made to the classification of this material under amendments to column (3) (see above). The Class 8 (Corrosive) primary hazard label would be revised to a Division 6.1 primary hazard label and Class 8 subsidiary hazard label in

addition to the existing Class 7 (Radioactive) subsidiary hazard label to read “6.1, 7, 8.”

Amendments to column (7) special provisions:

Section 172.101(h) describes column (7) of the HMT whereas § 172.102(c) prescribes 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” below for a detailed discussion of the proposed additions, revisions, and deletions to the special provisions addressed in this NPRM.

• In this NPRM, new special provision 157 is proposed to be assigned to the HMT entry “UN 3527, Polyester resin kit,
solid base material.
”

• In this NPRM, new special provision 379 is proposed to be assigned to the HMT entries “UN1005, Ammonia, anhydrous” and “UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.”

• In the 19th Revised Edition of the UN Model Regulations, new special provision 386 was assigned to the four new “n.o.s.” HMT entries for polymerizing substances and to the 52 named substances in the HMT that polymerize, all of which contain the text “stabilized” as part of the proper shipping name, except for “UN 2383, Dipropylamine” (see Table 2 below). This new special provision includes transport controls to avoid dangerous polymerization reactions including the use of chemical stabilization or temperature control.

In this NPRM, new special provision 387 (special provision 386 already exists) is proposed to be assigned to all 52 HMT entries.

Table 2

Proper shipping name
UN No.

Acrolein dimer, stabilized
UN2607

Acrolein, stabilized
UN1092

Acrylic acid, stabilized
UN2218

Acrylonitrile, stabilized
UN1093

Allyl isothiocyanate, stabilized
UN1545

Allyltrichlorosilane, stabilized
UN1724

Bicyclo [2,2,1] hepta-2,5-diene, stabilized
or
2,5-Norbornadiene, stabilized

UN2251

Butadienes, stabilized
or
Butadienes and Hydrocarbon mixture, stabilized
containing more than 40% butadienes

UN1010

Butyl acrylates, stabilized
UN2348

n-Butyl methacrylate, stabilized
UN2227

Butyl vinyl ether, stabilized
UN2352

1,2-Butylene oxide, stabilized
UN3022

Chloroprene, stabilized
UN1991

Crotonaldehyde
or
Crotonaldehyde, stabilized

UN1143

Cyanogen chloride, stabilized
UN1589

Diketene, stabilized
UN2521

Dipropylamine
UN2383

Divinyl ether, stabilized
UN1167

Ethyl acrylate, stabilized
UN1917

Ethyl methacrylate, stabilized
UN2277

Ethylacetylene, stabilized
UN2452

Ethyleneimine, stabilized
UN1185

Hydrogen cyanide, stabilized
with less than 3 percent water

UN1051

Hydrogen cyanide, stabilized,
with less than 3 percent water and absorbed in a porous inert material

UN1614

Isobutyl acrylate, stabilized
UN2527

Isobutyl methacrylate, stabilized
UN2283

Isoprene, stabilized
UN1218

Methacrylaldehyde, stabilized
UN2396

Methacrylic acid, stabilized
UN2531

Methacrylonitrile, stabilized
UN3079

Methyl acetylene and propadiene mixtures, stabilized
UN1060

Methyl acrylate, stabilized
UN1919

Methyl isopropenyl ketone, stabilized
UN1246

Methyl methacrylate monomer, stabilized
UN1247

Methyl vinyl ketone, stabilized
UN1251

Propadiene, stabilized
UN2200

Propyleneimine, stabilized
UN1921

Styrene monomer, stabilized
UN2055

Sulfur trioxide, stabilized
UN1829

Tetrafluoroethylene, stabilized
UN1081

Trifluorochloroethylene, stabilized
or
Refrigerant gas R 1113

UN1082

Vinyl acetate, stabilized
UN1301

Vinyl bromide, stabilized
UN1085

Vinyl butyrate, stabilized
UN2838

Vinyl chloride, stabilized
UN1086

Vinyl ethyl ether, stabilized
UN1302

Vinyl fluoride, stabilized
UN1860

Vinyl isobutyl ether, stabilized
UN1304

Vinyl methyl ether, stabilized
UN1087

Vinylidene chloride, stabilized
UN1303

Vinylpyridines, stabilized
UN3073

Vinyltoluenes, stabilized
UN2618

• In this NPRM, new special provision 422 is proposed to be assigned to the HMT entries “UN 3480, Lithium ion batteries
including lithium ion polymer batteries”;
“UN 3481, Lithium ion batteries contained in equipment
including lithium ion polymer batteries”;
“UN 3481 Lithium ion batteries packed with equipment
including lithium ion polymer batteries”;
“UN 3090, Lithium metal batteries
including lithium alloy batteries”;
“ UN 3091, Lithium metal batteries contained in equipment
including lithium alloy batteries”;
and “UN3091, Lithium metal batteries packed with equipment
including lithium alloy batteries.”

• In this NPRM, special provision 134 is proposed to be removed from the HMT entry “UN 3072, Life-saving appliances, not self-inflating
containing dangerous goods as equipment”
and replaced with new special provision 182. On January 8, 2015, PHMSA published a final rule [Docket No. PHMSA-2013-0260 (HM-215M); 80 FR 1075] that added special provision 134 to “UN 3072.” The intent of this action was to harmonize with special provision A182 of the ICAO Technical Instructions to clarify that equipment containing only lithium batteries must be classified as either lithium batteries contained in or packed with equipment “UN 3091” or “UN 3481.” In reviewing the assignment of special provision 134 to “UN 3072” to make this clarification, PHMSA found that the provisions of special provision 134 are not assigned to “UN 3072” in any international standard, but rather to the entry for “UN 3171, Battery-powered vehicle
or
Battery-powered equipment.” Although special provision 134 does require that equipment powered only by lithium metal batteries or lithium ion batteries must be consigned under the entries associated with lithium batteries contained in or packed with equipment, the rest of special provision 134 is not applicable to “Life-saving appliances, not self-inflating
containing dangerous goods as equipment.”
As a result, PHMSA proposes a new special provision 182 applicable only to the HMT entry for “UN 3072, Life-saving appliances, not self-inflating
containing dangerous goods as equipment”
to clarify that equipment containing only lithium batteries must be classified as either lithium batteries contained in or packed with equipment “UN 3091” or “UN 3481,” as appropriate.

• In this NPRM, new special provision A210 is proposed to be assigned to the new HMT italicized entries for “Catecholborane” and “1, 3, 2-Benzodioxaborole.”

• In this NPRM, new special provision A212 is proposed to be assigned to the HMT entry “UN 2031, Nitric acid
other than red fuming, with more than 20 percent and less than 65 percent nitric acid.
”

• In this NPRM, new special provision B134 is proposed to be assigned to the PG III entries in Table 4 to be consistent with revisions to the IMDG Code.

Table 4

Proper shipping name
UN No.

Aluminum powder, coated
UN1309

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

UN2793

Iron oxide, spent,
or
Iron sponge, spent
obtained from coal gas purification

UN1376

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

UN1869

Peroxides, inorganic, n.o.s
UN1483

Titanium sponge granules
or
Titanium sponge powders

UN2878

• In this NPRM, new special provision B135 is proposed to be assigned to the PG III entries in Table 5 consistent with revisions to the IMDG Code.

Table 5

Proper shipping name
UN No.

Hafnium powder, dry
UN2545

Metal catalyst, dry
UN2881

Metal powder, self-heating, n.o.s
UN3189

Titanium powder, dry
UN2546

Zirconium powder, dry
UN2008

Zirconium scrap
UN1932

• In this NPRM, special provision TP1 is changed to TP2 for the following entries: “UN 2672, Ammonia solution,
relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia”;
“UN 2709, Butyl benzenes”; “UN 2241, Cycloheptane”; “UN 1206, Heptanes”; “UN 1208, Hexanes”; “UN 2294, N-Methylaniline”; “UN 2296, Methylcyclohexane”; “UN 1920, Nonanes”; “UN 1262, Octanes”; “UN 2368, alpha-Pinene”; “UN 1272, Pine oil”; “UN 2850, Propylene tetramer”; “UN 2325, 1,3,5-Trimethylbenzene”; “UN 2057, Tripropylene”; “UN 1299, Turpentine”; and “UN 1840, Zinc chloride, solution.” Tank provision TP2 authorizes a slightly lower degree of filling than TP1. The IMDG Code follows a guiding principle that assigns TP2 to materials that are marine pollutants. In a previous harmonization rulemaking (HM-215M; 80 FR 1075), PHMSA added various hazardous materials to the list of marine pollutants in appendix B to § 172.101, but both the HMT and IMDG Code failed to change the TP code from TP1 to TP2 to authorize a lower degree of filling.

• In this NPRM, special provisions T9, TP7, and TP33 are proposed to be assigned to the HMT entry “UN 1415, Lithium.” This permits UN 1415 for transportation in UN portable tanks consistent with similar Division 4.3, PG I materials.

• In this NPRM, new special provisions W31, W32, W40, and W100 are proposed to certain water-reactive substances. The proposed special provisions correspond with special packaging provisions PP31, PP31 “modified” (Packing Instruction P403), PP40, and PP100 of the IMDG Code, respectively. Table 6 contains the proposed changes listed in alphabetical order and showing the proper shipping name, UN identification number, and the proposed special provision(s).

Table 6

Proper shipping name
UN No.

Proposed
addition(s)

Alkali metal alcoholates, self-heating, corrosive, n.o.s
UN3206
W31

Alkali metal alloys, liquid, n.o.s
UN1421
W31

Alkali metal amalgam, liquid
UN1389
W31

Alkali metal amalgam, solid
UN3401
W32

Alkali metal amides
UN1390
W31, W40

Alkali metal dispersions, flammable
or
Alkaline earth metal dispersions, flammable

UN3482
W31

Alkali metal dispersions,
or
Alkaline earth metal dispersions

UN1391
W31

Alkaline earth metal alcoholates, n.o.s
UN3205
W31

Alkaline earth metal alloys, n.o.s
UN1393
W31, W40

Alkaline earth metal amalgams, liquid
UN1392
W31

Alkaline earth metal amalgams, solid
UN3402
W32

Aluminum carbide
UN1394
W31, W40

Aluminum ferrosilicon powder (PG II)
UN1395
W31, W40

Aluminum hydride
UN2463
W32

Aluminum phosphide
UN1397
W32

Aluminum phosphide pesticides
UN3048
W31

Aluminum powder, coated
UN1309
W100

Aluminum powder, uncoated
UN1396
W31, W40

Aluminum silicon powder, uncoated
UN1398
W31, W40

Aluminum smelting by-products
or
Aluminum remelting by-products (PG II)

UN3170
W31, W40

Aluminum smelting by-products
or
Aluminum remelting by-products (PG III)

UN3170
W31

2-Amino-4,6-Dinitrophenol, wetted
with not less than 20 percent water by mass

UN3317
W31

Ammonium picrate, wetted
with not less than 10 percent water, by mass

UN1310
W31

Arsenic acid, liquid
UN1533
W31

Barium
UN1400
W31, W40

Barium alloys, pyrophoric
UN1854
W31

Barium azide, wetted
with not less than 50 percent water, by mass

UN1571
W31

Barium cyanide
UN1565
W31

Barium peroxide
UN1449
W100

Beryllium, powder
UN1567
W100

Boron trifluoride diethyl etherate
UN2604
W31

Boron trifluoride dimethyl etherate
UN2965
W31

Bromobenzyl cyanides, liquid
UN1694
W31

Bromobenzyl cyanides, solid
UN3449
W31

Calcium
UN1401
W31, W40

Calcium carbide (PG I)
UN1402
W32

Calcium carbide (PG II)
UN1402
W31, W40

Calcium cyanamide
with more than 0.1 percent of calcium carbide

UN1403
W31, W40

Calcium cyanide
UN1575
W31

Calcium dithionite
or
Calcium hydrosulfite

UN1923
W31

Calcium hydride
UN1404
W32

Calcium manganese silicon
UN2844
W31

Calcium peroxide
UN1457
W100

Calcium phosphide
UN1360
W32

Calcium, pyrophoric
or
Calcium alloys, pyrophoric

UN1855
W31

Calcium silicide (PG II)
UN1405
W31

Calcium silicide (PG III)
UN1405
W31, W40

Carbon, activated
UN1362
W31

Carbon disulfide
UN1131
W31

Cerium,
slabs, ingots, or rods

UN1333
W100

Cerium,
turnings or gritty powder

UN3078
W31, W40

Cesium
or
Caesium

UN1407
W32

Chloric acid aqueous solution,
with not more than 10 percent chloric acid

UN2626
W31

Chlorosilanes, water-reactive, flammable, corrosive, n.o.s
UN2988
W31

Chromium trioxide, anhydrous
UN1463
W31

Corrosive solids, water-reactive, n.o.s (PG II)
UN3096
W100

Cyanogen bromide
UN1889
W31

Decaborane
UN1868
W31

Dinitrophenol, wetted
with not less than 15 percent water, by mass

UN1320
W31

Dinitrophenolates, wetted
with not less than 15 percent water, by mass

UN1321
W31

Dinitroresorcinol, wetted
with not less than 15 percent water, by mass

UN1322
W31

Diphenylamine chloroarsine
UN1698
W31

Diphenylchloroarsine, liquid
UN1699
W31

Diphenylchloroarsine, solid
UN3450
W31

Dipicryl sulfide, wetted
with not less than 10 percent water, by mass

UN2852
W31

Ethyldichlorosilane
UN1183
W31

Ferrocerium
UN1323
W100

Ferrosilicon
with 30 percent or more but less than 90 percent silicon

UN1408
W100

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

UN2793
W100

Fibers
or
Fabrics, animal
or
vegetable
or
Synthetic, n.o.s.
with animal or vegetable oil

UN1373
W31

Fish meal, unstabilized
or
Fish scrap, unstabilized

UN1374
W31, W40

Hafnium powder, dry
UN2545
W31

Hafnium 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

UN1326
W31, W40

Iron oxide, spent,
or
Iron sponge, spent
obtained from coal gas purification

UN1376
W100

Isocyanates, flammable, toxic, n.o.s.
or
Isocyanate solutions, flammable, toxic, n.o.s.
flash point less than 23 degrees C

UN2478
W31

Lithium
UN1415
W32

Lithium aluminum hydride
UN1410
W32

Lithium borohydride
UN1413
W32

Lithium ferrosilicon
UN2830
W31, W40

Lithium hydride
UN1414
W32

Lithium hydride, fused solid
UN2805
W31, W40

Lithium nitride
UN2806
W32

Lithium peroxide
UN1472
W100

Lithium silicon
UN1417
W31, W40

Magnesium aluminum phosphide
UN1419
W32

Magnesium diamide
UN2004
W31

Magnesium granules, coated,
particle size not less than 149 microns

UN2950
W100

Magnesium hydride
UN2010
W32

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

UN1869
W100

Magnesium peroxide
UN1476
W100

Magnesium phosphide
UN2011
W32

Magnesium, powder
or
Magnesium alloys, powder (PG I)

UN1418
W32

Magnesium, powder
or
Magnesium alloys, powder (PG II)

UN1418
W31, W40

Magnesium, powder
or
Magnesium alloys, powder (PG III)

UN1418
W31

Magnesium silicide
UN2624
W31, W40

Maneb
or
Maneb preparations
with not less than 60 percent maneb

UN2210
W100

Maneb stabilized
or
Maneb preparations, stabilized
against self-heating

UN2968
W100

Mercuric potassium cyanide
UN1626
W31

Metal catalyst, dry
UN2881
W31

Metal catalyst, wetted
with a visible excess of liquid

UN1378
W31, W40

Metal hydrides, flammable, n.o.s. (PG II)
UN3182
W31, W40

Metal hydrides, flammable, n.o.s. (PG III)
UN3182
W31

Metal hydrides, water reactive, n.o.s (PG I)
UN1409
W32

Metal hydrides, water reactive, n.o.s (PG II)
UN1409
W31, W40

Metal powder, self-heating, n.o.s
UN3189
W31

Metal powders, flammable, n.o.s
UN3089
W100

Metal salts of organic compounds, flammable, n.o.s
UN3181
W31

Metallic substance, water-reactive, n.o.s (PG I)
UN3208
W32

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

W31

Metallic substance, water-reactive, n.o.s (PG III)
UN3208
W31, W40

Metallic substance, water-reactive, self-heating, n.o.s (PG I and III)
UN3209
W32

Metallic substance, water-reactive, self-heating, n.o.s (PG II)
UN3209
W32, W40

Methyldichlorosilane
UN1242
W31

Nitrocellulose,
with not more than 12.6 percent nitrogen, by dry mass
mixture with
or
without plasticizer, with
or
without pigment

UN2557
W31

Nitrocellulose with alcohol
with not less than 25 percent alcohol by mass, and with not more than 12.6 percent nitrogen, by dry mass

UN2556
W31

Nitrocellulose with water
with not less than 25 percent water by mass

UN2555
W31

Nitroguanidine, wetted
or
Picrite, wetted
with not less than 20 percent water, by mass

UN1336
W31

4-Nitrophenylhydrazine,
with not less than 30 percent water, by mass

UN3376
W31

Nitrostarch, wetted
with not less than 20 percent water, by mass

UN1337
W31

Organometallic substance, liquid, water-reactive
UN3398
W31

Organometallic substance, liquid, water-reactive, flammable
UN3399
W31

Organometallic substance, solid, water-reactive
UN3395
W31

Organometallic substance, solid, water-reactive, flammable
UN3396
W31

Organometallic substance, solid, water-reactive, self-heating
UN3397
W31

Osmium tetroxide
UN2471
W31

Paper, unsaturated oil treated
incompletely dried (including carbon paper)

UN1379
W31

Peroxides, inorganic, n.o.s
UN1483
W100

9-Phosphabicyclononanes
or
Cyclooctadiene phosphines

UN2940
W31

Phosphorus heptasulfide,
free from yellow or white phosphorus

UN1339
W31

Phosphorus pentasulfide,
free from yellow or white phosphorus

UN1340
W31, W40

Phosphorus sesquisulfide,
free from yellow or white phosphorus

UN1341
W31

Phosphorus trisulfide,
free from yellow or white phosphorus

UN1343
W31

Phosphorus, white dry
or
Phosphorus, white, under water
or
Phosphorus white, in solution
or
Phosphorus, yellow dry
or
Phosphorus, yellow, under water
or
Phosphorus, yellow, in solution

UN1381
W31

Potassium
UN2257
W32

Potassium borohydride
UN1870
W32

Potassium cyanide, solid
UN1680
W31

Potassium cyanide solution
UN3413
W31

Potassium dithionite
or
Potassium hydrosulfite

UN1929
W31

Potassium, metal alloys, liquid
UN1420
W31

Potassium, metal alloys, solid
UN3403
W32

Potassium phosphide
UN2012
W32

Potassium sodium alloys, liquid
UN1422
W31

Potassium sodium alloys, solid
UN3404
W32

Potassium sulfide, anhydrous
or
Potassium sulfide
with less than 30 percent water of crystallization

UN1382
W31, W40

Pyrophoric liquids, organic, n.o.s
UN2845
W31

Pyrophoric metals, n.o.s.,
or
Pyrophoric alloys, n.o.s

UN1383
W31

Pyrophoric solid, inorganic, n.o.s
UN3200
W31

Pyrophoric solids, organic, n.o.s
UN2846
W31

Rubidium
UN1423
W32

Self-heating liquid, corrosive, inorganic, n.o.s
UN3188
W31

Self-heating liquid, corrosive, organic, n.o.s
UN3185
W31

Self-heating liquid, inorganic, n.o.s
UN3186
W31

Self-heating liquid, organic, n.o.s
UN3183
W31

Self-heating liquid, toxic, inorganic, n.o.s
UN3187
W31

Self-heating liquid, toxic, organic, n.o.s
UN3184
W31

Self-heating solid, inorganic, n.o.s
UN3190
W31

Self-heating solid, organic, n.o.s
UN3088
W31

Silver picrate, wetted
with not less than 30 percent water, by mass

UN1347
W31

Sodium
UN1428
W32

Sodium aluminum hydride
UN2835
W31, W40

Sodium borohydride
UN1426
W32

Sodium cyanide, solid
UN1689
W31

Sodium cyanide solution
UN3414
W31

Sodium dinitro-o-cresolate, wetted
with not less than 10% water, by mass

UN3369
W31

Sodium dinitro-o-cresolate, wetted
with not less than 15 percent water, by mass

UN1348
W31

Sodium dithionite
or
Sodium hydrosulfite

UN1384
W31

Sodium hydride
UN1427
W32

Sodium hydrosulfide,
with less than 25 percent water of crystallization

UN2318
W31

Sodium methylate
UN1431
W31

Sodium phosphide
UN1432
W32

Sodium picramate,
wetted with not less than 20 percent water, by mass

UN1349
W31

Sodium sulfide, anhydrous
or
Sodium sulfide
with less than 30 percent water of crystallization

UN1385
W31, W40

Stannic phosphide
UN1433
W32

Strontium peroxide
UN1509
W100

Strontium phosphide
UN2013
W32

Tear gas substances, liquid, n.o.s
UN1693
W31

Tear gas substance, solid, n.o.s
UN3448
W31

4-Thiapentanal
UN2785
W31

Thiourea dioxide
UN3341
W31

Titanium disulphide
UN3174
W31

Titanium hydride
UN1871
W31, W40

Titanium powder, dry
UN2546
W31

Titanium 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

UN1352
W31, W40

Titanium sponge granules
or
Titanium sponge powders

UN2878
W100

Titanium trichloride, pyrophoric
or
Titanium trichloride mixtures, pyrophoric

UN2441
W31

Toxic solids, water-reactive, n.o.s
UN3125
W100

Trichlorosilane
UN1295
W31

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

UN3367
W31

Trinitrobenzene, wetted
with not less than 30 percent water, by mass

UN1354
W31

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

UN3368
W31

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

UN1355
W31

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

UN3365
W31

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

UN3364
W31

Trinitrophenol, wetted
with not less than 30 percent water, by mass

UN1344
W31

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

UN3366
W31

Trinitrotoluene, wetted
or
TNT, wetted,
with not less than 30 percent water by mass

UN1356
W31

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

UN3370
W31

Urea nitrate, wetted
with not less than 20 percent water, by mass

UN1357
W31

Water-reactive liquid, n.o.s
UN3148
W31

Water-reactive solid, corrosive, n.o.s (PG I and III)
UN3131
W31

Water-reactive solid, corrosive, n.o.s (PG II)
UN3131
W31, W40

Water-reactive solid, flammable, n.o.s (PG I and III)
UN3132
W31

Water-reactive solid, flammable, n.o.s (PG III)
UN3132
W31, W40

Water-reactive solid, n.o.s (PG I)
UN2813
W32

Water-reactive solid, n.o.s (PG II)
UN2813
W31, W40

Water-reactive solid, n.o.s (PG III)
UN2813
W31

Water-reactive solid, self-heating, n.o.s (PG I and III)
UN3135
W31

Water-reactive solid, self-heating, n.o.s (PG I)
UN3135
W31, W40

Water-reactive solid, toxic, n.o.s (PG I and III)
UN3134
W31

Water-reactive solid, toxic, n.o.s (PG II)
UN3134
W31, W40

Xanthates
UN3342
W31

Xylyl bromide, liquid
UN1701
W31

Zinc ashes
UN1435
W100

Zinc peroxide
UN1516
W100

Zinc phosphide
UN1714
W32

Zinc powder
or
Zinc dust (PG I and III)

UN1436
W31

Zinc powder
or
Zinc dust (PG II)

UN1436
W31, W40

Zirconium hydride
UN1437
W31, W40

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

UN2858
W100

Zirconium, dry,
finished sheets, strip or coiled wire

UN2009
W31

Zirconium picramate, wetted
with not less than 20 percent water, by mass

UN1517
W31

Zirconium powder, dry
UN2008
W31

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
W31, W40

Zirconium scrap
UN1932
W31

Amendments to column (9) quantity limitations:

Section 172.101(j) describes column (9) of the HMT and the quantity limitations for specific entries. 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.

In this NPRM, PHMSA proposes for column (9B) a quantity limit of 75 kg for “UN 0501, Propellant, solid, Division 1.4C.” Previously, column (9B) forbid the transport of UN 0501 by cargo-only aircraft. This new quantity limit is consistent with the authorized quantity limit found in the ICAO Technical Instructions. In a working paper submitted at the 25th meeting the ICAO DGP, it was noted that while all other Division 1.4C explosives listed in the table were forbidden on passenger aircraft, only UN 0501 was also forbidden on cargo aircraft. A maximum net quantity of 75 kg per package was permitted on cargo aircraft for all other Division 1.4C explosives. It was also reported that a June 2015 meeting of the United Nations Working Group on Explosives had determined that there were no differences between the transport risks posed by UN 0501 and other Division 1.4C explosives.

Amendments to 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. 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 meaning of each code in column (10B) is set forth in § 176.84 of this subchapter.

Consistent with changes to Amendment 38-16 of the IMDG Code, PHMSA proposes numerous changes to the vessel stowage location codes shown in column (10A) of the HMT. The majority of these changes are a result of those made to the IMDG Code to ensure the safe transportation of substances requiring stabilization when transported by vessel. Table 7 contains the proposed changes listed in alphabetical order and showing the proper shipping name, UN identification number, current vessel stowage location code, and proposed vessel stowage location.

Table 7

Proper shipping name
UN No.

Current
vessel
stowage code

Proposed
vessel
stowage code

Acrolein dimer, stabilized
2607
A
C

Acrylonitrile, stabilized
1093
E
D

N-Aminoethylpiperazine
2815
A
B

Butyl acrylates, stabilized
2348
A
C

n-Butyl methacrylate, stabilized
2227
A
C

Butyl vinyl ether, stabilized
2352
B
C

1,2-Butylene oxide, stabilized
3022
B
C

Ethyl acrylate, stabilized
1917
B
C

Ethyl methacrylate, stabilized
2277
B
C

Isobutyl acrylate, stabilized
2527
A
C

Isobutyl methacrylate, stabilized
2283
A
C

Isoprene, stabilized
1218
E
D

Methacrylaldehyde, stabilized
2396
E
D

Methyl acrylate, stabilized
1919
B
C

Methyl isopropenyl ketone, stabilized
1246
B
C

Methyl methacrylate monomer, stabilized
1247
B
C

Potassium superoxide
2466
E
D

Propyleneimine, stabilized
1921
B
D

Radioactive material, uranium hexafluoride
non fissile or fissile-excepted

2978
A
B

Radioactive material, uranium hexafluoride, fissile
2977
A
B

Styrene monomer, stabilized
2055
A
C

Vinyl acetate, stabilized
1301
B
C

Vinyl butyrate, stabilized
2838
B
C

Vinyl isobutyl ether, stabilized
1304
B
C

Vinylidene chloride, stabilized
1303
E
D

Vinyltoluenes, stabilized
2618
A
C

With the addition of a Division 6.1 subsidiary hazard to “UN 2815, N-Aminoethylpiperazine,” “UN 2977, Radioactive material, uranium hexafluoride, fissile,” and “UN 2978, Radioactive material, uranium hexafluoride
non fissile or fissile-excepted,
” PHMSA proposes that code “40,” which indicates that the material must be stowed clear of living quarters, be added to column (10B) for these entries to remain consistent with the IMDG Code.

As a consequence of adding special provision 387, which addresses stabilization requirements to 52 existing entries in the HMT that are identified as requiring such, the IMO amended vessel stowage requirements for these entries. PHMSA proposes to add code “25” to column (10B) for the same 52 entries identified in Table 2. We note that the IMDG Code did not assign stowage provisions equivalent to code “25” to “UN 1167, Divinyl ether, stabilized” or “UN 2383, Dipropylamine.” Stowage code “25” requires these materials to be protected from sources of heat. PHMSA believes the omission of this stowage requirement in the IMDG Code to be an oversight, and we propose to add stowage code “25” to these two HMR entries.

Code “28” requires materials to which this code is assigned to be stowed away from flammable liquids. In this NPRM, consistent with changes to the IMDG Code, PHMSA proposes to remove code “28” from column (10B) for the following HMT entries: “UN 2965, Boron trifluoride dimethyl etherate”; “UN 2988, Chlorosilanes, water-reactive, flammable, corrosive, n.o.s”; “UN 1183, Ethyldichlorosilane”; “UN 1242, Methyldichlorosilane”; “UN 3490, 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
”; and “UN 1295, Trichlorosilane.”

Appendix B to § 172.101:

Appendix B to § 172.101 lists marine pollutants regulated under the HMR. PHMSA proposes to revise the list of marine pollutants by adding six new entries to remain consistent with the IMDG Code. These changes are proposed to include those substances that were either assigned a “P” in the dangerous goods list or identified in the alphabetical index to Amendment 38-16 of the IMDG Code—based on review of evaluations for each individual material, and associated isomers where appropriate, performed by the Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) and the GESAMP defining criteria for marine pollutants. The following entries are proposed to be added to the list of marine pollutants in appendix B to § 172.101: Hexanes; Hypochlorite solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane; and Tripropylene.

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. In this NPRM, PHMSA proposes the following revisions to § 172.102 special provisions:

•
Special Provision 40:
Special provision 40 prescribes the criteria for classification of a “Polyester resin kit.” PHMSA proposes to revise special provision 40 by authorizing a polyester resin kit to contain a Division 4.1 base material consistent with the new HMT entry “UN 3527, Polyester resin kit,
solid base material,
4.1.”

•
Special Provision 134:
Special provision 134 prescribes the applicability of the HMT entry “UN 3171, Battery-powered vehicle
or
Battery-powered equipment.” PHMSA proposes to revise special provision 134 by amending the list of battery powered vehicle examples to include trucks, locomotives, bicycles (pedal cycles with an electric motor) and other vehicles of this type (
e.g.,
self-balancing vehicles or vehicles not equipped with at least one seating position), and self-propelled farming and construction equipment. In addition, PHMSA proposes to organize the structure of the special provision into paragraph form for ease of reading.

•
Special Provision 135:
Special provision 135 specifies that an internal combustion engine installed in a vehicle must be consigned to the entries “Vehicle, flammable gas powered” or “Vehicle, flammable liquid powered,” as appropriate. PHMSA proposes to revise special provision 135 by clarifying that vehicles powered by both a flammable liquid and a flammable gas internal combustion engine must be consigned to the entry “Vehicle, flammable gas powered.” In addition, PHMSA proposes to revise special provision 135 by clarifying that for the purpose of this special provision, a “vehicle” is a self-propelled apparatus designed to carry one or more persons or goods. A list of examples is provided.

•
Special Provision 157:
PHMSA proposes adding new special provision 157 and assigning it to “UN 3527, Polyester resin kit, solid base material.” The special provision would allow the maximum net capacity for inner packagings of flammable solids in packing group II to be increased to no more than 5 kg (11 pounds) when the material is transported as a limited quantity.

•
Special Provision 181:
PHMSA proposes adding new special provision 181 and assigning it to “UN 3481, Lithium ion batteries contained in equipment”; “UN 3481, Lithium ion batteries packed with equipment”; “UN 3091, Lithium metal batteries contained in equipment”; and “UN 3091, Lithium metal batteries packed with equipment.” The special provision would specify that when lithium cells or batteries packed with equipment and lithium cells or batteries contained in equipment are packed in the same package, the shipping paper (if used) and the package must use the “packed with” proper shipping name and UN number. Further, all packaging requirements applicable to both proper shipping names must be met and the total mass of cells or batteries in the package must not exceed the quantity

limits specified in columns (9A) and (9B), as applicable.

•
Special Provision 182:
PHMSA proposes adding new special provision 182 and assigning it to “UN 3072, Life-saving appliances, not self-inflating
containing dangerous goods as equipment
” to clarify that equipment containing only lithium batteries must be classified as either UN 3091 or UN 3481, as appropriate.

•
Special Provision 238:
Special provision 238 addresses the shipment of neutron radiation detectors. PHMSA proposes to revise special provision 238 to align with the UN Model Regulations special provision 373 by permitting the packaging to contain “absorbent” or “adsorbent” material where the previous requirement permitted “absorbent” material only.

•
Special Provision 369:
Special provision 369 prescribes classification criteria, consignment instructions and transport conditions for “UN 3507, Uranium hexafluoride, radioactive material, excepted package,
less than 0.1 kg per package, non-fissile or fissile-excepted.
” PHMSA proposes to revise special provision 369 in conjunction with revising the primary classification for UN 3507 from Class 8 to Division 6.1. Specifically, PHMSA proposes to clarify that this radioactive material in an excepted package possessing toxic and corrosive properties is classified in Division 6.1 with radioactive and corrosive subsidiary risks.

•
Special Provision 379:
PHMSA proposes adding new special provision 379 and assigning it to the HMT entries “UN 1005, Ammonia, anhydrous” and “UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.” This special provision is applicable to ammonia dispensers containing adsorbed ammonia, which are used to reduce polluting nitrogen oxide emissions from automobiles. The UN Sub-Committee found that the substance contained in the receptacles did not meet any criteria for classification in the Model Regulations, but it acknowledged that the substance did fit the recent definition of an adsorbed gas. Based on the stability of adsorption under normal transport conditions, an exception for these dispensers was adopted subject to appropriate packaging conditions. These materials are normally forbidden for transport by air on passenger and cargo aircraft; however, consistent with the ICAO Technical Instructions, PHMSA proposes to authorize them on cargo aircraft subject to the transport conditions prescribed in the special provision with additional approval of the Associate Administrator.

•
Special Provision 387:
PHMSA proposes adding new special provision 387 and assigning it to the four new “n.o.s.” polymerizing substance HMT entries and to the 52 existing HMT entries that are identified as requiring stabilization. This special provision sets forth the transport conditions when stabilization, or prevention of polymerization, is provided through the use of a chemical inhibitor. When a substance is stabilized via use of a chemical inhibitor, it is important to ensure that the level of stabilization is sufficient to prevent the onset of a dangerous reaction under conditions normally incident to transportation. This special provision requires a determination that the degree of chemical stabilization employed at the time the package, IBC, or tank is offered for transport must be suitable to ensure that the sustained bulk mean temperature of the substance in the package, IBC, or tank will not exceed 50 °C (122 °F), under conditions normally incident to transportation. The special provision also specifies that temperature control is required at the point where chemical stabilization becomes ineffective at lower temperatures within the anticipated duration of transport. Consistent with the ICAO Technical Instructions, PHMSA proposes to clarify in special provision 387 that these substances are forbidden for transport by air when temperature control is required.

•
Special Provision 422:
PHMSA proposes to add new special provision 422 to the HMT entries “UN 3480, Lithium ion batteries
including lithium ion polymer batteries
”; “UN 3481, Lithium ion batteries contained in equipment
including lithium ion polymer batteries
”; “UN 3481, Lithium ion batteries packed with equipment
including lithium ion polymer batteries
”; “UN 3090, Lithium metal batteries
including lithium alloy batteries
”; “UN 3091, Lithium metal batteries contained in equipment
including lithium alloy batteries
”; and “Lithium metal batteries packed with equipment
including lithium alloy batteries.
” Special provision 422 states that the new lithium battery Class 9 label shown in § 172.447 is to be used for packages containing lithium batteries that require labels. Consistent with the UN Model Regulations, PHMSA proposes a transition period that would authorize labels conforming to requirements in place on December 31, 2016 to continue to be used until December 31, 2018. Class 9 placards, when used, must conform to the existing requirements in § 172.560.

•
Special Provision A210:
PHMSA proposes adding new special provision A210 and assigning it to the new italicized HMT entries “Catecholborane” and its synonym “1, 3, 2-Benzodioxaborole.” Consistent with the ICAO Technical Instructions, this special provision clarifies that this substance is forbidden for transport by air and may only be transported on cargo aircraft with the approval of the Associate Administrator.

•
Special Provision A212:
PHMSA proposes adding new special provision A212 and assigning it to the to the HMT entry “UN 2031, Nitric acid
other than red fuming, with more than 20 percent and less than 65 percent nitric acid.
” Consistent with the ICAO Technical Instructions, this special provision allows sterilization devices containing nitric acid conforming to the conditions in the special provision to be offered for transportation by passenger aircraft irrespective of column (9A) of the § 172.101 HMT listing the material as forbidden.

•
Special Provision B134:
PHMSA proposes adding new special provision B134 and assigning it to UN Numbers 1309, 1376, 1483, 1869, 2793, and 2878. When in Large Packagings offered for transport by vessel, flexible or fiber inner packages containing these materials would need to be sift-proof and water-resistant, or fitted with a sift-proof and water-resistant liner. Consistent with the IMDG Code, these provisions will increase the ability of these packages to perform their containment function and reduce the likelihood of a fire on board cargo vessels when used to transport substances that either generate large amounts of heat or give off flammable or corrosive toxic gases on contact with water or moisture.

•
Special Provision B135:
PHMSA proposes adding new special provision B135 and assigning it to UN Numbers 1932, 2008, 2545, 2546, 2881, and 3189. When in Large Packagings offered for transport by vessel, flexible or fiber inner packages containing these materials would need to be hermetically sealed. Consistent with the IMDG Code, these provisions will increase the ability of these packages to perform their containment function and reduce the likelihood of a fire on board cargo vessels when used to transport substances that either generate large amounts of heat or give off flammable or corrosive toxic gases on contact with water or moisture.

•
IP Code 19:
PHMSA proposes to add a new IP Code 19 and assign it to UN 3531, UN 3532, UN 3553, and UN 3534. Consistent with international

regulations, this special provision would require that IBCs are designed and constructed to permit the release of gas or vapor, thereby preventing a build-up of pressure that could rupture the IBCs in the event of loss of stabilization

•
Special Provision N90:
Special provision N90 is assigned to the HMT entry “UN 3474, 1-Hydroxybenzotriazole, monohydrate” and prohibits the use of metal packages. PHMSA proposes, consistent with the UN Model Regulations, to revise special provision N90 by clarifying that the prohibition of metal packages does not include packagings constructed of other material with a small amount of metal (
e.g.,
metal closures or other metal fittings). However, packagings constructed with a small amount of metal must be designed such that the hazardous material does not contact the metal.

•
Special Provision N92:
PHMSA proposes adding special provision N92 to the four proposed polymerizing substance, n.o.s. entries. This special provision requires packages that are utilized for the transportation of polymerizing substances to be designed and constructed to permit the release of gas or vapor to prevent a build-up of pressure that could rupture the packagings in the event of loss of stabilization.

•
Special Provision W31:
PHMSA proposes adding new special provision W31 and assigning it to the 155 HMT entries identified in Table 6 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA proposes to require packages assigned as such to be hermetically sealed when offered for transportation by vessel.

The proposed addition of W31 to these commodities harmonizes the HMR with changes made in Amendment 38-16 of the IMDG Code, as well as the transportation requirements of the HMR with the IMDG Code for other commodities where they were not previously harmonized. The IMDG Code has had provisions in place equivalent to proposed W31 (PP31) for certain commodities since at least 1998.
4

Other hazardous materials regulations (ICAO Technical Instructions, HMR, and UN Model Regulations) do not currently contain provisions similar to W31. Amendment 38-16 of the IMDG Code is adding this hermetically sealed packaging requirement to 15 entries in its Dangerous Goods List (some with multiple packing groups).

4
These provisions have potentially been in place before 1998. PHMSA reviewed hard copy IMDG Codes dating back to 1998 but was unable to locate the origin of these provisions.

The proposed amendment would reduce the risk of fire on board cargo vessels carrying hazardous materials that can react dangerously with the ship's available water and carbon dioxide fire extinguishing systems. Some of the hazardous materials for which PHMSA is proposing to amend the vessel transportation packaging requirements react with water or moisture generating excessive heat or releasing toxic or flammable gases. Common causes for water entering into the container are: water entering through ventilation or structural flaws in the container; water entering into the containers placed on deck or in the hold in heavy seas; and water entering into the cargo space upon a ship collision or leak. If water has already entered the container, the packaging is the only protection from a potential fire.

In this NPRM, PHMSA proposes to strengthen the ability of these packages transporting water-reactive substances. PHMSA anticipates this proposed amendment could result in additional costs to domestic-only shippers but not to those shippers transporting such goods internationally. We assume that all shippers that ship hazardous materials internationally will incorporate IMDG Code-compliant packaging requirements into their business practices. These proposed amendments will increase costs for some domestic shipments of affected commodities and will require materials currently transported in packaging not already hermetically sealed to be thus packaged. Adoption of these provisions will increase the ability of these packages to perform their containment function and reduce the likelihood of a fire on board cargo vessels when used to transport substances that either generate large amounts of heat or give off flammable or toxic gases on contact with water or moisture. A 2011 Fo

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2016-20580. Public record. Not legal advice.