Hazardous Materials: Harmonization With International Standards (RRR)

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:

Final rule.

SUMMARY:

PHMSA is issuing a final rule 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 is adopting several amendments to the HMR that result from coordination with Canada under the U.S.-Canada Regulatory Cooperation Council.

DATES:

Effective date:

This rule is effective March 30, 2017, except for instruction 22, which is effective January 2, 2019.

Voluntary compliance date:

January 1, 2017.

Delayed compliance date:

Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2018.

Incorporation by reference date:

The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of March 30, 2017.

FOR FURTHER INFORMATION CONTACT:

Steven Webb International Standards, (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. Comment Discussion

V. Section-by-Section Review

VI. 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. Environmental 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) is amending 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.

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

et seq.

) directs PHMSA to participate in relevant international standard-setting bodies and promotes consistency of the HMR with international transport standards to the extent practicable. Federal hazmat law permits PHMSA to depart from international standards where appropriate, including to promote safety or other overriding public interest. However, Federal hazmat law otherwise encourages domestic and international harmonization (

see

49 U.S.C. 5120).

Harmonization facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials. Safety is enhanced by creating a uniform framework for compliance, and as the volume of hazardous materials transported in international commerce continues to grow, harmonization becomes increasingly important.

II. Background

PHMSA published a notice of proposed rulemaking (NPRM) under Docket HM-215N [81 FR 61741 (Sept. 7, 2016)] to incorporate various amendments to harmonize the HMR with recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations). When considering alignment of the HMR with international standards, we review and evaluate each amendment on its own merit, on the basis of its overall impact on transportation safety, and on the basis of the economic implications associated with its adoption into the HMR. Our goal is to harmonize without diminishing the level of safety currently provided by the HMR or imposing undue burdens on the regulated community. Based on this review and evaluation, in this final rule, PHMSA is amending the HMR to incorporate changes from the 19th Revised Edition of the UN Model Regulations, Amendment 38-16 of the IMDG Code, and the 2017-2018 ICAO Technical Instructions, which become effective January 1, 2017. (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) Notable amendments to the HMR in this final rule include the following:

•

Incorporation by Reference:

PHMSA incorporates by reference the newest versions of various international hazardous materials standards, including the 2017-2018 Edition of the ICAO Technical Instructions; Amendment 38-16 of the IMDG Code; the 19th Revised Edition of the UN Model Regulations; the 6th Revised Edition of the UN Manual of Tests and Criteria; and the 6th Revised Edition of the Globally Harmonized System of Classification and Labelling of Chemicals. Additionally, we are updating 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 final rule, PHMSA adopts various updated International Organization for Standardization (ISO) standards.

•

Hazardous Materials Table (HMT):

PHMSA amends 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 are making 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 includes in the HMT four new Division 4.1 entries for polymerizing substances and adds into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls. These provisions will be in effect until January 2, 2019. During the interim time period, PHMSA intends to review and research the implications of the polymerizing substance amendments during this two-year timeframe, and readdress the issue in the next international harmonization rulemaking.

•

Modification of the Marine Pollutant List:

PHMSA modifies 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 amends 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 revises hazard communication requirements for shipments of lithium batteries consistent with changes adopted in the 19th Revised Edition of the UN Model Regulations. Specifically, PHMSA adopts a new lithium battery label in place of the existing Class 9 label; amends 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;

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removes the documentation requirement in § 173.185(c) for shipments of small lithium cells and batteries; and requires 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.

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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 harmonizes the HMT proper shipping names utilized for the transportation of engines and machinery containing engines with those in the UN Model Regulations. Additionally, PHMSA harmonizes with the IMDG Code for domestic vessel shipments of engines, internal combustion, and machinery containing combustion engines. Existing requirements and exceptions for the transportation of engines and machinery containing engines transported by road, rail, and aircraft remain unchanged. However, PHMSA is harmonizing 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) Amendments:

PHMSA makes amendments to the HMR resulting from coordination with Canada under the U.S.-Canada RCC. Specifically, we are adopting provisions for recognition of Transport Canada (TC) cylinders, equivalency certificates (permit for equivalent level of safety), and inspection and repair of cargo tanks. In a parallel effort, Transport Canada is adopting similar regulatory changes that will provide reciprocal recognition of DOT cylinders and DOT special permits.

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 references 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.

PHMSA received a comment from the Commercial Vehicle Safety Alliance (CVSA) recommending that access (including electronic and print media) to materials, such as technical standards developed by non-governmental organizations and incorporated by reference into regulation, be required at no additional charge for enforcement and government purposes. As noted, many of the standards incorporated by reference in this final rule are available for free through their parent organizations. However, some standards that are essential to ensure shippers offer hazardous materials in accordance with international standards are simply not available for free public access, and PHMSA is unable to provide unrestricted access to these materials. Members of the public may access hard copies of standards incorporated by reference at PHMSA's Hazardous Materials Information Center (HMIC) at DOT Headquarters in Washington, DC. Members of the public may make arrangements to visit the HMIC by visiting HMIC's Web site at

http://www.phmsa.dot.gov/hazmat/standardsrulemaking/hmic

or by telephone at (800) 467-4922. PHMSA staff will work directly with any person requesting access to these standards.

IV. Comment Discussion

In response to the September 7, 2016 NPRM [81 FR 61741], PHMSA received comments from the following organizations and individuals:

• Christopher Adams

• Alaska Airlines

• American Coatings Association (ACA)

• Anonymous

• Arkema Inc.

• Basic Acrylic Monomer Manufacturers, Inc. (BAMM) and the Methacrylate Producers Association, Inc. (MPA)

• Sean Bevan

• Commercial Vehicle Safety Alliance (CVSA)

• Council on Safe Transportation of Hazardous Articles (COSTHA)

• CTC Certified Training Co.

• Dangerous Goods Advisory Council (DGAC)

• Deltech Corporation

• Department of Defense (DOD)

• Dow Chemical (Dow)

• FIBA Technologies, Inc.

• Greg Hudspeth

• The Institute of Makers of Explosives (IME)

• International Vessel Operators Dangerous Goods Association (IVODGA)

• Brent Knoblett

• Labelmaster Services

• National Tank Truck Carriers (NTTC)

• The Rechargeable Battery Association (PRBA)

• Wesley Scott

• Specialty Trailer Leasing Inc.

• United Parcel Service (UPS)

• U.S. Amines

• Western International Gas Cylinders

• Worthington Industries

Notably, Dow requested an additional two-year delayed compliance period for any polymerizing substance amendments made in this final rule. Dow contends that appropriate test methods must be determined, materials must be tested, and if the material is determined to be regulated, appropriate packaging must be selected. PHMSA is sympathetic to the concerns raised by Dow, but in order to ensure the safe and efficient transportation of these commodities, PHMSA will maintain the general one-year transition period for these changes. Additional comments specific to the respective HMR sections are addressed in the “Section-by-Section Review” of this document.

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

PHMSA concluded that comments made by Specialty Trailer Leasing, Inc., Mr. Greg Hudspeth, the American Coating Association, and portions of comments made by Worthington Industries are outside the scope of this rulemaking. Therefore, PHMSA did not address these comments in this rulemaking.

Polymerizing Substances

In the NPRM, PHMSA proposed incorporating into the HMT four new Division 4.1 entries for polymerizing substances and adding into the HMR defining criteria, authorized packagings, and safety requirements including, but not limited to, stabilization methods and operational controls for these new entries and existing entries requiring stabilization.

PHMSA received comments from Arkema Inc., BAMM & MPA, Deltech Corporation, DGAC, Dow Chemical, and U.S. Amines concerning our proposed amendments. These comments addressed: Materials assigned SP 387 requiring stabilization; testing methods for determining self-accelerating polymerization temperature (SAPT); questions concerning testing requirements for materials already identified in the HMT as materials requiring stabilization; exclusion from classification as polymerizing substances of materials meeting the definition of another hazard class (including combustible liquids); and the SAPT temperature threshold before temperature control is required for portable tanks transporting polymerizing substances.

U.S. Amines requested that PHMSA reconsider assigning special provision 387 to Dipropylamine (UN2383). U.S. Amines asserts this material does not pose a polymerization risk and provides safety data sheets and other associated technical data to substantiate their claim. Based on a review of the material in question, PHMSA agrees and is not assigning either special provision 387 or stowage code 25 to this material.

PHMSA received comments from Arkema Inc., BAMM & MPA, DGAC, and Deltech raising concerns over PHMSA's proposal to require polymerizing substances intended to be transported in portable tanks or IBC's to undergo the Test Series E heating under confinement testing from the UN Manual of Tests and Criteria. The commenters state that when polymerizing substances react in the test apparatus they often clog the test apparatus orifice. They further state this testing leads to unreliable, overly conservative results suggesting the material poses a greater hazard from heating under confinement that it actually does. Additionally, the commenter requested PHMSA align with the international approach for testing these substances, which only requires testing the substances under Test Series H to determine the substances' SAPT. While testing in accordance with UN Series E does present difficulties, this testing has been performed in the past in support of approval applications for various polymerizing substances. Additionally, while a clogged orifice within the Series E tests could be overly conservative, it is important to note that similar situations may occur during transport. For instance, a polymerizing substance which clogs the orifice during testing could potentially clog the pressure relief device on a portable tank. In such an incident, the testing would provide similar results on what could be expected within a transportation situation. Test Series E and H do not measure and/or predict the same phenomena. PHMSA notes Test Series E (or an equivalent performance measure) provides information on how the material behaves when heated under confinement. Test Series H provides information on the SAPT, and thus the potential need for temperature controls. These two tests are synergistic, and not mutually exclusive. For these reasons, PHMSA is maintaining the testing requirements for polymerizing substances as proposed in the NPRM.

PHMSA received questions from Arkema Inc., BAMM & MPA, and Dow about exclusions from classification as polymerizing substances for combustible liquids and Class 9 substances. These same commenters also ask about testing requirements for materials currently identified in the HMT that may also polymerize. Arkema Inc., BAMM & MPA, and DOW request clarification that as proposed in the NPRM materials meeting the definition of a combustible liquid and a polymerizing substance would not need to be offered as a polymerizing substance. Arkema Inc. and BAMM & MPA similarly ask if substances meeting the definitions of Class 9 and polymerizing substances need to be offered as a polymerizing substance. The definition of polymerizing substance adopted by the UN Model Regulations excludes substances that meet the criteria for inclusion in Classes 1-8. In the NPRM we proposed to exclude all materials that meet the definition of any other hazard class. To further harmonize the HMR definition of polymerizing substances with that found in the Model Regulations, PHMSA is amending § 173.124(a)(4)(iii) to exclude substances that meet the criteria for inclusion in Classes 1-8, including combustible liquids. It is our belief that polymerizing substances that also meet the definition of Class 9 would be limited to environmentally hazardous substances. Much like the UN we believe that the polymerizing

properties of these materials should take precedence in the identification of these materials, and that the applicable additional description elements (

i.e.

marine pollutant or “RQ” for hazardous substance) should be appropriately identified by shippers. Substances that meet the defining criteria for combustible liquids and polymerizing substances are only required to be offered for transportation as a combustible liquid.

PHMSA received comments from BAMM & MPA, Deltech Corporation, and DGAC concerning our proposal to maintain a minimum SAPT temperature of 50 °C for portable tanks versus the internationally adopted 45 °C. The commenters cite PHMSA's decision not to harmonize the transport provisions applicable to self-reactive materials and organic peroxides and potential non-compliance concerns for imported materials that were evaluated and offered for transport at different temperatures than the proposal would require in the HMR. PHMSA has, and does still maintain that 50 °C is the maximum temperature reasonable expected to be experienced by any self-reactive, organic peroxide, and/or polymerizing substance. Additionally, we note that this 50 °C (122 °F) temperature is consistent with existing requirements for Division 4.1 (Self-reactive) and Division 5.2 (Organic peroxide) hazardous materials.

PHMSA received comments the proposed inclusion of HMT entries, classification criteria, and transport provisions for polymerizing substances. In light of the commenter's concerns, PHMSA is including “sunset” provisions for all amendments concerning polymerizing substances. In each regulatory citation adding or amending requirements for polymerizing substances we are including regulatory text that will sunset the provision after a two-year period from the effective date of this rule. PHMSA intends to review and research the implications of the polymerizing substance amendments during this two-year timeframe, and readdress the issue in the next international harmonization rulemaking. During the next international harmonization rulemaking, we will specifically solicit comments from the public on their experiences utilizing these provisions. If PHMSA does not take subsequent action to amend these provisions, the HMR would revert to the requirements in effect before the issuance of this final rule.

V. Section-by-Section Review

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

Part 107

Section 107.502

Section 107.502 provides general requirements for the registration of cargo tanks and cargo tank motor vehicle manufacturers, assemblers, repairers, inspectors, testers, and design certifying engineers. PHMSA is revising 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 requirements of § 180.413(a)(1)(iii) in this final rule. 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 § 180.413(a)(1)(iii) is unnecessarily duplicative and that excepting them from registering in accordance with part 107 subpart F augments reciprocity without negatively impacting safety. See the § 180.413 entry in the “Section-by-Section Review” of this document for additional background and discussion of this change.

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). PHMSA is amending 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, BTC, or CRC 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. See the § 107.805 entry in the “Section-by-Section Review” of this document for discussion of this change, as well as for additional requirements and exceptions.

Section 107.805

Section 107.805 prescribes the requirements cylinder and pressure receptacle requalifiers must meet in order to be approved by PHMSA. PHMSA is amending paragraph (a) to authorize prospective requalifiers to obtain approval by PHMSA to inspect, test, certify, repair, or rebuild TC specification cylinders; amending 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 amending paragraph (d) to include various TC cylinders to the list of cylinders requiring issuance of a RIN to requalifiers.

PHMSA is also amending 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 the registered mark of a Transport Canada assigned requalifier back to the appropriate requalification facility.

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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 addition of paragraph (f)(2) allows 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. Table 1 of the § 171.12 entry in the “Section-by-Section Review” identifies specifications considered to be equivalent. Applicants will 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 addition of paragraph (f)(3) allows persons who are already registered with Transport Canada to requalify corresponding DOT specification cylinders without additional application to PHMSA for approval. This exception will 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 is amending 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 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 final rule, PHMSA is adding and revising 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, is 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 Technical Instructions support 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, is revised to incorporate the 2016 Edition, Amendment 38-16. The IMDG Code is intended to provide for the safe transportation of hazardous materials by vessel, protect crew members, and prevent marine pollution. The IMDG 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, is 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 incorporated 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 is incorporated in paragraphs (w)(27) and (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. PHMSA received a comment from Western International Gas Cylinders requesting that the previous edition of this standard be referenced with an applicability date. PHMSA notes that the previous edition of this standard was included in the NPRM, but we have amended the language to more clearly indicate that construction to the old standard is authorized until December 31, 2020.

—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 incorporated 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 incorporated 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; and (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 incorporated 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 11114-2:2013 Gas cylinders—Compatibility of cylinder and valve materials with gas contents—Part 2: Non-metallic materials is incorporated 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 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 incorporated in paragraphs (w)(54), (56), (57), and (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.

• Paragraph (bb)(1), which incorporates the

Transport Canada

Transportation of Dangerous Goods Regulations, adds paragraphs (bb)(1)(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 incorporated in this final rule are updates to the existing Transportation of Dangerous Goods Regulations and cover all updates made by Transport Canada between January 2014 and May 2015. PHMSA received a comment from COSTHA requesting we also incorporate by reference TDG Regulations, SOR/2016-95 published on June 1, 2016. However, as this standard was not proposed for incorporation in the NPRM, we are unable to adopt it in this final rule.

• 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, is 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), is 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) is 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 addition of this paragraph corrects this oversight. The 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 is available in order to enhance the protection of human health and the environment during the handling, transport, and use of these chemicals. GHS also provides a basis for harmonization of rules and regulations on chemicals at national, regional, and worldwide levels, which is an important factor for trade facilitation.

• In the NPRM, PHMSA proposed incorporating ISO 11515:2013 Gas cylinders—Refillable composite reinforced tubes of water capacity between 450 L and 3000 L—Design, construction and testing into the HMR. After further review, and in order to appropriately address comments received, the incorporation by reference of ISO 11515:2013 will be considered under a future rulemaking rather than adopted at this time. We note that ISO 11515:2013 is currently under review by the relevant ISO Technical Committee (

e.g.,

ISO/TC58/SC3). Substantive revisions under consideration include reintroduction of the high velocity impact (gunfire) test and revisions to the blunt impact test. Consideration of this item under a future rulemaking will allow for these safety enhancements to be appropriately considered by ISO. It also provides opportunity to consider comments received such as those requesting consideration of relevant special permits. PHMSA received a comment from FIBA Technologies, Inc. requesting that we expand the volume maximum allowed from 3000 L to 8500 L; reduce the minimum design burst pressure for Type 3 and Type 4 cylinders from 2.0 to 1.6; waive the blunt impact test if the tubes will be mounted inside a structural framework that finite analysis has demonstrated will protect the tubes from damage; and introduce a high velocity impact test. FIBA Technologies, Inc. correctly noted that these requirements, allowances, and tests are currently authorized under

existing special permits for composite tubes. These requests were outside the scope of this rulemaking, but we do note ongoing work at ISO to generate a standard for larger composite tubes.

In the NPRM, PHMSA proposed to incorporate by reference the Transport Canada standards into §§ 107.801 and 805 with the text “IBR, See 171.7.” Part 107 is in subchapter A. Section 171.7 is only applicable to subchapter C, therefore the IBR references proposed have in 107.801 and 805 would not have been valid. As a result PHMSA is amending § 171.7(a)(1) as central section for material that is incorporated by reference into subchapters A, B, and C.

Section 171.8

Section 171.8 defines terms generally used throughout the HMR that have broad or multi-modal applicability. PHMSA is adding the following terms and definitions:

•

Design life:

PHMSA adds 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 adds the term “SAPT,” which means self-accelerated polymerization temperature, and a reference to § 173.21(f). This is consistent with the similar term “SADT” (self-accelerated decomposition temperature). In the absence of further rulemaking actions, this definition will sunset two years from the effective date of this rulemaking. See the “Comment Discussion” section of this document for further discussion.

•

Service life:

PHMSA adds 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 amends the definitions for the following terms:

•

Aerosol:

PHMSA revises 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 is 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 revises 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 revises 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 final rule, PHMSA is addressing 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 is amending § 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 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. PHMSA received comments from Dow and DGAC supporting the proposed acceptance of Transport Canada equivalency certificates. These same commenters requested that PHMSA extend the authorization to offer in accordance with an equivalency certificate further than a shipment's initial transportation into or out of the country. The commenters requested PHMSA allow a shipment offered in accordance with a Canadian certificate of equivalency to be reshipped under the provisions of the permit (

e.g.,

original shipment from Canada to a distribution center in the U.S. and then reoffered to other U.S. locations). As previously noted, the intent of this regulatory change is to authorize the use of Canadian certificates of equivalency consistent with the recognition given to shipments made in accordance with the TDG Regulations. PHMSA may continue the expansion of this allowance in future RCC rulemaking activities.

PHMSA received questions from Western International Gas Cylinders concerning ultrasonic requalification of cylinders in accordance with a special permit or certificate of equivalency. Western International Gas Cylinders asked if cylinders that are requalified in accordance with a special permit ultrasonically and then offered for transport to Canada can be refilled and reoffered to the United States. It is our understanding that Transport Canada intends to provide the same reciprocity to PHMSA special permits that we are extending to their certificates of equivalency. Please review the Transport Canada harmonization rulemaking

4

for a better understanding of the Canadian proposals in this area. Changes to § 171.12 would authorize the shipment of a Canadian cylinder in accordance with the provisions in a certificate of equivalency, including the use of ultrasonic examination techniques if so indicated in the certificate. Western International Gas Cylinders further asked if ultrasonic cylinder requalifiers in the U.S. would be allowed to add TC, CTC, BTC, and CRC marked cylinders to their special permits and conduct ultrasonic examinations of these cylinders. Cylinder requalifiers may submit a modification request for their special permit to authorize ultrasonic examination of these Canadian cylinders. Each request will be evaluated on its own merits.

4

http://www.gazette.gc.ca/rp-pr/p1/2016/2016-11-26/pdf/g1-15048.pdf

.

PHMSA is additionally amending § 171.12(a)(1) to authorize the transportation of cylinders and multiple-element gas containers (MEGCs) authorized by the Transport Canada TDG Regulations to be transported from Canada to the United States, from the United States to Canada, or through the United States to Canada or a foreign destination.

The HMR in § 171.12(a)(4) permit 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 CTC cylinders corresponding to a DOT specification cylinder and UN pressure receptacles marked with “CAN.” In this final rule, PHMSA is amending paragraph (a)(4)(ii) to authorize the use of Canadian manufactured cylinders. Specifically, PHMSA is authorizing the transportation of CTC, CRC, BTC, and TC cylinders that have a corresponding DOT specification cylinder prescribed in the HMR.

This final rule does not remove or amend existing requirements for DOT specification cylinders; rather, PHMSA is providing 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 is amending 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 extends 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. PHMSA received a comment from CTC Certified Training Co. requesting that we reconsider requiring requalification of all CTC, CRC, BTC, and TC cylinders be done in accordance with the Transport Canada TDG Regulations. CTC Certified Training Co. stated that the current authorization for CTC specification cylinders allows requalification to be done under either a program authorized by the Transport Canada TDG Regulations or requalified in accordance with the requirements in § 180.205. The commenter further noted that CTC, CRC, and BTC all correspond to DOT specification cylinders and that requiring these cylinders to be requalified in accordance with the TDG Regulations is unnecessary. PHMSA agrees and is amending paragraph (a)(4)(ii)(B) to note that Canadian cylinders that have been requalified in accordance with either a program authorized by the TDG Regulations or part 107, subpart I, of the HMR are acceptable. See the § 180.205 entry in the “Section-by-Section Review” of this document for specific requalification requirements for Canadian cylinders.

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 an 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

In accordance with § 171.12(a)(4), when the provisions of subchapter C of the HMR require that either 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. PHMSA received a comment from COSTHA requesting that the table of Canadian cylinders and the corresponding DOT specification cylinders be included in the HMR. PHMSA agrees that this is useful information and is including the table of corresponding cylinders in new paragraph (a)(4)(iii).

Section 171.23

Section 171.23 prescribes requirements for specific materials and packagings transported under the various international standards authorized by the HMR. PHMSA is amending 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 Publishing Office's typesetting procedures, changes to the HMT appear under three sections of the Table: “remove,” “add,” and “revise.” Certain entries in the HMT, such as those with revisions to the proper shipping names, appear as a “remove” and “add.” In this final rule, PHMSA is amending 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.

• 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.

PHMSA received comments from COSTHA and UPS noting that new entries UN 3528, UN 3529, and UN 3530 include reference to special provision 363 in column (7) of the HMT. Both commenters noted that while special provision 363—which is assigned to these entries in the UN Model Regulations—does not exist in the current or proposed § 172.102, its conditions are proposed in § 176.906. PHMSA agrees with the commenters. The assignment of special provision 363 in column (7) of the HMT was inadvertent and as a result, the references to special provision 363 are removed in this final rule.

Additionally, during our review of the proposed changes to the engine HMT entries, we noticed that special provisions 135 and A200 were inadvertently left out of column (7) for these three new engine entries. This omission was not intended, and these provisions are placed back in column (7) in this final rule.

• 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. In the absence of further rulemaking actions, these entries will cease to have effect two years from the effective date of this rulemaking. See the “Comment Discussion” section of this document for further discussion.

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

At the October 2015 meeting of the ICAO Dangerous Goods Panel (DGP/25), the Panel was informed of an incident involving Catecholborane (also known as 1, 3, 2-Benzodioxaborole) that resulted in a 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 indicate (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-carrying and cargo-only aircraft. Transport on cargo-only aircraft would be possible with the approval of the State of Origin and State of the Operator.

Consistent with the ICAO Technical Instructions, PHMSA is adding new HMT entries in italics for “Catecholborane” and “1, 3, 2-Benzodioxaborole” and assigning a new special provision A210 clarifying that this material is forbidden for air transport unless approved by the Associate Administrator for the Office of Hazardous Materials Safety. PHMSA received a comment from DGAC supporting the addition of these new entries in the HMT. Additionally, DGAC noted that it is unclear as to how this material is described, classed, packaged, etc. and requests guidance relative to the proper shipping description, class, label, etc. for this material. PHMSA acknowledges that for these two commodities the appropriate proper shipping description to be utilized based on the hazards presented is unclear. Therefore, these two specific technical names are added in italics in the table and not assigned to specific HMT entries.

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 is amending 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 is amending 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), this revision ensures 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 is revising 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 adding 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 (UNSCOE TDG) 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 UNSCOE TDG 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 is making 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 is revising the labels for consistency with the change made to the classification of this material under amendments to column (3). See discussion in the “Amendments to column (3) hazard class or division” section above. The Class 8 (Corrosive) primary hazard label is revised to a Division 6.1 primary hazard label and a 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 additions, revisions, and deletions to the special provisions addressed in this final rule.

• New special provision 157 is assigned to the HMT entry “UN 3527, Polyester resin kit,

solid base material.”

• New special provision 379 is assigned to the HMT entries “UN 1005, 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. U.S. Amines requested that PHMSA reconsider assigning special provision 387 to Dipropylamine (UN 2383). They further asserted this material does not pose a polymerization risk and provided safety data sheets and other associated technical data to substantiate their claim. Based on a review of the material in question, PHMSA agrees and is not assigning either special provision 387 or stowage code 25 to this material.

Special provision 387 states that if chemical stabilization becomes ineffective at lower temperatures within the anticipated duration of transport, temperature control is required. Special provision 387 goes on to provide a non-inclusive list of factors to be considered in determining whether temperature control is necessary, to include an evaluation of any other relevant factors that may impact the ability of the chemical stabilizer to perform its function. BAMM & MPA and Dow stated that they routinely transport stabilized materials in rail cars where no effective means of temperature control exist. Rail car shipments of these stabilized materials are made year round and, during the winter months, are provided to customers and contracted terminals who have demonstrated they have in place the equipment (

i.e.,

typically tempered water/glycol systems) and procedures to safely thaw these monomers before use. BAMM & MPA and Dow requested in their comments that PHMSA clarify that “any other relevant factors” at the close of special provision 387 can include use of appropriate methods to safely thaw any shipment that does contain frozen product. The intent of the proposed requirement for temperature control if chemical stabilization becomes ineffective at lower temperatures is that it would only apply if at any point during transportation (including unloading incidental to movement) the chemical stabilizer would be incapable of performing its function. Operational controls to ensure a frozen material is thawed to ensure no polymerizing effect occurs are considered appropriate other relevant factors for the purposes of determining when temperature control is required.

BAMM & MPA further requested that PHMSA amend special provision 387 to more clearly indicate that chemical stabilization must be sufficient to prevent the bulk mean temperature of the package from reaching 50 °C. PHMSA agrees and is making the recommended change.

In this final rule, new special provision 387 (special provision 386 already exists) is assigned to the 51 HMT entries shown in Table 2. In the absence of further rulemaking actions, this special provision will sunset two years from the effective date of this

rulemaking. See the “Comment Discussion” section of this document for further discussion.

Table 2

Proper shipping name

UN No.

Acrolein dimer, stabilized

UN 2607

Acrolein, stabilized

UN 1092

Acrylic acid, stabilized

UN 2218

Acrylonitrile, stabilized

UN 1093

Allyl isothiocyanate, stabilized

UN 1545

Allyltrichlorosilane, stabilized

UN 1724

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

or

2,5-Norbornadiene, stabilized

UN 2251

Butadienes, stabilized

or

Butadienes and Hydrocarbon mixture, stabilized

containing more than 40% butadienes

UN 1010

Butyl acrylates, stabilized

UN 2348

n-Butyl methacrylate, stabilized

UN 2227

Butyl vinyl ether, stabilized

UN 2352

1,2-Butylene oxide, stabilized

UN 3022

Chloroprene, stabilized

UN 1991

Crotonaldehyde

or

Crotonaldehyde, stabilized

UN 1143

Cyanogen chloride, stabilized

UN 1589

Diketene, stabilized

UN 2521

Divinyl ether, stabilized

UN 1167

Ethyl acrylate, stabilized

UN 1917

Ethyl methacrylate, stabilized

UN 2277

Ethylacetylene, stabilized

UN 2452

Ethyleneimine, stabilized

UN 1185

Hydrogen cyanide, stabilized

with less than 3 percent water

UN 1051

Hydrogen cyanide, stabilized,

with less than 3 percent water and absorbed in a porous inert material

UN 1614

Isobutyl acrylate, stabilized

UN 2527

Isobutyl methacrylate, stabilized

UN 2283

Isoprene, stabilized

UN 1218

Methacrylaldehyde, stabilized

UN 2396

Methacrylic acid, stabilized

UN 2531

Methacrylonitrile, stabilized

UN 3079

Methyl acetylene and propadiene mixtures, stabilized

UN 1060

Methyl acrylate, stabilized

UN 1919

Methyl isopropenyl ketone, stabilized

UN 1246

Methyl methacrylate monomer, stabilized

UN 1247

Methyl vinyl ketone, stabilized

UN 1251

Propadiene, stabilized

UN 2200

Propyleneimine, stabilized

UN 1921

Styrene monomer, stabilized

UN 2055

Sulfur trioxide, stabilized

UN 1829

Tetrafluoroethylene, stabilized

UN 1081

Trifluorochloroethylene, stabilized

or

Refrigerant gas R 1113

UN 1082

Vinyl acetate, stabilized

UN 1301

Vinyl bromide, stabilized

UN 1085

Vinyl butyrate, stabilized

UN 2838

Vinyl chloride, stabilized

UN 1086

Vinyl ethyl ether, stabilized

UN 1302

Vinyl fluoride, stabilized

UN 1860

Vinyl isobutyl ether, stabilized

UN 1304

Vinyl methyl ether, stabilized

UN 1087

Vinylidene chloride, stabilized

UN 1303

Vinylpyridines, stabilized

UN 3073

Vinyltoluenes, stabilized

UN 2618

• New special provision 422 is 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

.”

• Special provision 134 is 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 as proposed in the NPRM. 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 is adding 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.

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

• New special provision A212 is assigned to the HMT entry for “UN 2031, Nitric acid

other than red fuming, with more than 20 percent and less than 65 percent nitric acid

.”

• New special provision B134 is assigned to the Packing Group (PG) III entries in Table 3 consistent with revisions to the IMDG Code.

Table 3

Proper shipping name

UN No.

Aluminum powder, coated

UN 1309

Ferrous metal borings

or

Ferrous metal shavings

or

Ferrous metal turnings

or

Ferrous metal cuttings

in a form liable to self-heating

UN 2793

Iron oxide, spent,

or

Iron sponge, spent

obtained from coal gas purification

UN 1376

Magnesium

or

Magnesium alloys

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

UN 1869

Peroxides, inorganic, n.o.s

UN 1483

Titanium sponge granules

or

Titanium sponge powders

UN 2878

• New special provision B135 is assigned to the PG III entries in Table 4 consistent with revisions to the IMDG Code.

Table 4

Proper shipping name

UN No.

Hafnium powder, dry

UN 2545

Metal catalyst, dry

UN 2881

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

UN 3189

Titanium powder, dry

UN 2546

Zirconium powder, dry

UN 2008

Zirconium scrap

UN 1932

• 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 (Jan. 8, 2015)], 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.

• Special provisions T9, TP7, and TP33 are 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.

• New special provisions W31, W32, W40, and W100 are assigned to certain water-reactive substances. The special provisions correspond with special packaging provisions PP31, PP31 “modified” (Packing Instruction P403), PP40, and PP100 of the IMDG Code, respectively. Table 5 contains the changes listed in alphabetical order and showing the proper shipping name, UN identification number, and the special provision(s).

Table 5

Proper shipping name

UN No.

Addition(s)

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

UN 3206

W31

Alkali metal alloys, liquid, n.o.s

UN 1421

W31

Alkali metal amalgam, liquid

UN 1389

W31

Alkali metal amalgam, solid

UN 3401

W32

Alkali metal amides

UN 1390

W31, W40

Alkali metal dispersions, flammable

or

Alkaline earth metal dispersions, flammable

UN 3482

W31

Alkali metal dispersions,

or

Alkaline earth metal dispersions

UN 1391

W31

Alkaline earth metal alcoholates, n.o.s

UN 3205

W31

Alkaline earth metal alloys, n.o.s

UN 1393

W31, W40

Alkaline earth metal amalgams, liquid

UN 1392

W31

Alkaline earth metal amalgams, solid

UN 3402

W32

Aluminum carbide

UN 1394

W31, W40

Aluminum ferrosilicon powder (PG II)

UN 1395

W31, W40

Aluminum hydride

UN 2463

W32

Aluminum phosphide

UN 1397

W32

Aluminum phosphide pesticides

UN 3048

W31

Aluminum powder, coated

UN 1309

W100

Aluminum powder, uncoated

UN 1396

W31, W40

Aluminum silicon powder, uncoated

UN 1398

W31, W40

Aluminum smelting by-products

or

Aluminum remelting by-products (PG II)

UN 3170

W31, W40

Aluminum smelting by-products

or

Aluminum remelting by-products (PG III)

UN 3170

W31

2-Amino-4,6-Dinitrophenol, wetted

with not less than 20 percent water by mass

UN 3317

W31

Ammonium picrate, wetted

with not less than 10 percent water, by mass

UN 1310

W31

Arsenic acid, liquid

UN 1533

W31

Barium

UN 1400

W31, W40

Barium alloys, pyrophoric

UN 1854

W31

Barium azide, wetted

with not less than 50 percent water, by mass

UN 1571

W31

Barium cyanide

UN 1565

W31

Barium peroxide

UN 1449

W100

Beryllium, powder

UN 1567

W100

Boron trifluoride diethyl etherate

UN 2604

W31

Boron trifluoride dimethyl etherate

UN 2965

W31

Bromobenzyl cyanides, liquid

UN 1694

W31

Bromobenzyl cyanides, solid

UN 3449

W31

Calcium

UN 1401

W31, W40

Calcium carbide (PG I)

UN 1402

W32

Calcium carbide (PG II)

UN 1402

W31, W40

Calcium cyanamide

with more than 0.1 percent of calcium carbide

UN 1403

W31, W40

Calcium cyanide

UN 1575

W31

Calcium dithionite

or

Calcium hydrosulfite

UN 1923

W31

Calcium hydride

UN 1404

W32

Calcium manganese silicon

UN 2844

W31

Calcium peroxide

UN 1457

W100

Calcium phosphide

UN 1360

W32

Calcium, pyrophoric

or

Calcium alloys, pyrophoric

UN 1855

W31

Calcium silicide (PG II)

UN 1405

W31

Calcium silicide (PG III)

UN 1405

W31, W40

Carbon, activated

UN 1362

W31

Carbon disulfide

UN 1131

W31

Cerium,

slabs, ingots, or rods

UN 1333

W100

Cerium,

turnings or gritty powder

UN 3078

W31, W40

Cesium

or

Caesium

UN 1407

W32

Chloric acid aqueous solution,

with not more than 10 percent chloric acid

UN 2626

W31

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

UN 2988

W31

Chromium trioxide, anhydrous

UN 1463

W31

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

UN 3096

W100

Cyanogen bromide

UN 1889

W31

Decaborane

UN 1868

W31

Dinitrophenol, wetted

with not less than 15 percent water, by mass

UN 1320

W31

Dinitrophenolates, wetted

with not less than 15 percent water, by mass

UN 1321

W31

Dinitroresorcinol, wetted

with not less than 15 percent water, by mass

UN 1322

W31

Diphenylamine chloroarsine

UN 1698

W31

Diphenylchloroarsine, liquid

UN 1699

W31

Diphenylchloroarsine, solid

UN 3450

W31

Dipicryl sulfide, wetted

with not less than 10 percent water, by mass

UN 2852

W31

Ethyldichlorosilane

UN 1183

W31

Ferrocerium

UN 1323

W100

Ferrosilicon

with 30 percent or more but less than 90 percent silicon

UN 1408

W100

Ferrous metal borings

or

Ferrous metal shavings

or

Ferrous metal turnings

or

Ferrous metal cuttings

in a form liable to self-heating

UN 2793

W100

Fibers

or

Fabrics, animal

or

vegetable

or

Synthetic, n.o.s.

with animal or vegetable oil

UN 1373

W31

Fish meal, unstabilized

or

Fish scrap, unstabilized

UN 1374

W31, W40

Hafnium powder, dry

UN 2545

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

UN 1326

W31, W40

Iron oxide, spent,

or

Iron sponge, spent

obtained from coal gas purification

UN 1376

W100

Isocyanates, flammable, toxic, n.o.s.

or

Isocyanate solutions, flammable, toxic, n.o.s.

flash point less than 23 degrees C

UN 2478

W31

Lithium

UN 1415

W32

Lithium aluminum hydride

UN 1410

W32

Lithium borohydride

UN 1413

W32

Lithium ferrosilicon

UN 2830

W31, W40

Lithium hydride

UN 1414

W32

Lithium hydride, fused solid

UN 2805

W31, W40

Lithium nitride

UN 2806

W32

Lithium peroxide

UN 1472

W100

Lithium silicon

UN 1417

W31, W40

Magnesium aluminum phosphide

UN 1419

W32

Magnesium diamide

UN 2004

W31

Magnesium granules, coated,

particle size not less than 149 microns

UN 2950

W100

Magnesium hydride

UN 2010

W32

Magnesium

or

Magnesium alloys

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

UN 1869

W100

Magnesium peroxide

UN 1476

W100

Magnesium phosphide

UN 2011

W32

Magnesium, powder

or

Magnesium alloys, powder (PG I)

UN 1418

W32

Magnesium, powder

or

Magnesium alloys, powder (PG II)

UN 1418

W31, W40

Magnesium, powder

or

Magnesium alloys, powder (PG III)

UN 1418

W31

Magnesium silicide

UN 2624

W31, W40

Maneb

or

Maneb preparations

with not less than 60 percent maneb

UN 2210

W100

Maneb stabilized

or

Maneb preparations, stabilized

against self-heating

UN 2968

W100

Mercuric potassium cyanide

UN 1626

W31

Metal catalyst, dry

UN 2881

W31

Metal catalyst, wetted

with a visible excess of liquid

UN 1378

W31, W40

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

UN 3182

W31, W40

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

UN 3182

W31

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

UN 1409

W32

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

UN 1409

W31, W40

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

UN 3189

W31

Metal powders, flammable, n.o.s

UN 3089

W100

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

UN 3181

W31

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

UN 3208

W32

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

UN 3207

W31

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

UN 3208

W31, W40

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

UN 3209

W32

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

UN 3209

W32, W40

Methyldichlorosilane

UN 1242

W31

Nitrocellulose,

with not more than 12.6 percent nitrogen, by dry mass

mixture with

or

without plasticizer, with

or

without pigment

UN 2557

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

UN 2556

W31

Nitrocellulose with water

with not less than 25 percent water by mass

UN 2555

W31

Nitroguanidine, wetted

or

Picrite, wetted

with not less than 20 percent water, by mass

UN 1336

W31

4-Nitrophenylhydrazine,

with not less than 30 percent water, by mass

UN 3376

W31

Nitrostarch, wetted

with not less than 20 percent water, by mass

UN 1337

W31

Organometallic substance, liquid, water-reactive

UN 3398

W31

Organometallic substance, liquid, water-reactive, flammable

UN 3399

W31

Organometallic substance, solid, water-reactive

UN 3395

W31

Organometallic substance, solid, water-reactive, flammable

UN 3396

W31

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

UN 3397

W31

Osmium tetroxide

UN 2471

W31

Paper, unsaturated oil treated

incompletely dried (including carbon paper)

UN 1379

W31

Peroxides, inorganic, n.o.s

UN 1483

W100

9-Phosphabicyclononanes

or

Cyclooctadiene phosphines

UN 2940

W31

Phosphorus heptasulfide,

free from yellow or white phosphorus

UN 1339

W31

Phosphorus pentasulfide,

free from yellow or white phosphorus

UN 1340

W31, W40

Phosphorus sesquisulfide,

free from yellow or white phosphorus

UN 1341

W31

Phosphorus trisulfide,

free from yellow or white phosphorus

UN 1343

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

UN 1381

W31

Potassium

UN 2257

W32

Potassium borohydride

UN 1870

W32

Potassium cyanide, solid

UN 1680

W31

Potassium cyanide solution

UN 3413

W31

Potassium dithionite

or

Potassium hydrosulfite

UN 1929

W31

Potassium, metal alloys, liquid

UN 1420

W31

Potassium, metal alloys, solid

UN 3403

W32

Potassium phosphide

UN 2012

W32

Potassium sodium alloys, liquid

UN 1422

W31

Potassium sodium alloys, solid

UN 3404

W32

Potassium sulfide, anhydrous

or

Potassium sulfide

with less than 30 percent water of crystallization

UN 1382

W31, W40

Pyrophoric liquids, organic, n.o.s

UN 2845

W31

Pyrophoric metals, n.o.s.,

or

Pyrophoric alloys, n.o.s

UN 1383

W31

Pyrophoric solid, inorganic, n.o.s

UN 3200

W31

Pyrophoric solids, organic, n.o.s

UN 2846

W31

Rubidium

UN 1423

W32

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

UN 3188

W31

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

UN 3185

W31

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

UN 3186

W31

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

UN 3183

W31

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

UN 3187

W31

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

UN 3184

W31

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

UN 3190

W31

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

UN 3088

W31

Silver picrate, wetted

with not less than 30 percent water, by mass

UN 1347

W31

Sodium

UN 1428

W32

Sodium aluminum hydride

UN 2835

W31, W40

Sodium borohydride

UN 1426

W32

Sodium cyanide, solid

UN 1689

W31

Sodium cyanide solution

UN 3414

W31

Sodium dinitro-o-cresolate, wetted

with not less than 10% water, by mass

UN 3369

W31

Sodium dinitro-o-cresolate, wetted

with not less than 15 percent water, by mass

UN 1348

W31

Sodium dithionite

or

Sodium hydrosulfite

UN 1384

W31

Sodium hydride

UN 1427

W32

Sodium hydrosulfide,

with less than 25 percent water of crystallization

UN 2318

W31

Sodium methylate

UN 1431

W31

Sodium phosphide

UN 1432

W32

Sodium picramate,

wetted with not less than 20 percent water, by mass

UN 1349

W31

Sodium sulfide, anhydrous

or

Sodium sulfide

with less than 30 percent water of crystallization

UN 1385

W31, W40

Stannic phosphide

UN 1433

W32

Strontium peroxide

UN 1509

W100

Strontium phosphide

UN 2013

W32

Tear gas substances, liquid, n.o.s

UN 1693

W31

Tear gas substance, solid, n.o.s

UN 3448

W31

4-Thiapentanal

UN 2785

W31

Thiourea dioxide

UN 3341

W31

Titanium disulphide

UN 3174

W31

Titanium hydride

UN 1871

W31, W40

Titanium powder, dry

UN 2546

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

UN 1352

W31, W40

Titanium sponge granules

or

Titanium sponge powders

UN 2878

W100

Titanium trichloride, pyrophoric

or

Titanium trichloride mixtures, pyrophoric

UN 2441

W31

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

UN 3125

W100

Trichlorosilane

UN 1295

W31

Trinitrobenzene, wetted,

with not less than 10% water, by mass

UN 3367

W31

Trinitrobenzene, wetted

with not less than 30 percent water, by mass

UN 1354

W31

Trinitrobenzoic acid, wetted

with not less than 10% water by mass

UN 3368

W31

Trinitrobenzoic acid, wetted

with not less than 30 percent water, by mass

UN 1355

W31

Trinitrochlorobenzene (picryl chloride), wetted,

with not less than 10% water by mass

UN 3365

W31

Trinitrophenol (picric acid), wetted,

with not less than 10 percent water by mass

UN 3364

W31

Trinitrophenol, wetted

with not less than 30 percent water, by mass

UN 1344

W31

Trinitrotoluene (TNT), wetted,

with not less than 10 percent water by mass

UN 3366

W31

Trinitrotoluene, wetted

or

TNT, wetted,

with not less than 30 percent water by mass

UN 1356

W31

Urea nitrate, wetted,

with not less than 10 percent water by mass

UN 3370

W31

Urea nitrate, wetted

with not less than 20 percent water, by mass

UN 1357

W31

Water-reactive liquid, n.o.s

UN 3148

W31

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

UN 3131

W31

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

UN 3131

W31, W40

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

UN 3132

W31

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

UN 3132

W31, W40

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

UN 2813

W32

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

UN 2813

W31, W40

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

UN 2813

W31

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

UN 3135

W31

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

UN 3135

W31, W40

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

UN 3134

W31

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

UN 3134

W31, W40

Xanthates

UN 3342

W31

Xylyl bromide, liquid

UN 1701

W31

Zinc ashes

UN 1435

W100

Zinc peroxide

UN 1516

W100

Zinc phosphide

UN 1714

W32

Zinc powder

or

Zinc dust (PG I and III)

UN 1436

W31

Zinc powder

or

Zinc dust (PG II)

UN 1436

W31, W40

Zirconium hydride

UN 1437

W31, W40

Zirconium, dry,

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

UN 2858

W100

Zirconium, dry,

finished sheets, strip or coiled wire

UN 2009

W31

Zirconium picramate, wetted

with not less than 20 percent water, by mass

UN 1517

W31

Zirconium powder, dry

UN 2008

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

UN 1358

W31, W40

Zirconium scrap

UN 1932

W31

PHMSA received comment from DGAC noting for UN Numbers 1309, 1376, 1390, 1394, 1396, 1400, 1401, 1402 (PG II), 1405, 1417, 1483 (PG III), 1869, 1932, 2545 (PG III), 2546 (PG III), 2624, 2793, 2813 (PG II and III), 2830, 2878, 2881 (PG III), 3078, 3170, and 3208 (PG II and III), special provision IP4 was assigned in the regulatory text without corresponding discussion in the preamble. DGAC is correct that the assignment of these IP Codes was not discussed in the preamble; however, this omission was unintentional. The assignment of IP4 to these HMT entries was a result of aligning the HMR with the water-reactive packaging provisions for IBCs prescribed in the IMDG Code. Specifically, the provisions of IP4 are consistent with Special packing provision B4 of the IMDG Code. Special provision IP4 states, “Flexible, fiberboard or wooden IBCs must be sift-proof and water-resistant or be fitted with a sift-proof and water-resistant liner.” Based on further review of the implementation effects of this issue, a new special provision IP21, applicable only to vessel transport but with the same provisions as IP4, is assigned.

PHMSA received one comment from DGAC noting for the entry “UN 2793” that special provision IP3 is missing from column (7) in the proposed HMT. This was an inadvertent omission. Special provision IP3 has been reestablished.

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 final rule, PHMSA is amending for column (9B) a quantity limit of 75 kg for “UN 0501, Propellant, solid, Division 1.4C.” Previously, column (9B) forbade the transport of UN 0501 by cargo-only aircraft as proposed in the NPRM. This new quantity limit is consistent with the authorized quantity limit found in the ICAO Technical Instructions.

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.

Consistent with changes to Amendment 38-16 of the IMDG Code, PHMSA is making 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 6 contains the changes listed in alphabetical order and showing the proper shipping name, UN identification number, current vessel stowage location code, and new vessel stowage location.

Table 6

Proper shipping name

UN No.

Current vessel stowage code

New 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 is adding code “40,” which indicates that the material must be stowed clear of living quarters, 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 51 existing entries in the HMT that are identified as requiring such, the IMO amended vessel stowage requirements for these entries. PHMSA is adding code “25” to column (10B) for the same 51 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.” 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 are adding stowage code “25” to this HMR entry. In the NPRM, we had proposed assigning stowage code “25” to UN 2383, Dipropylamine, but based on comments received from U.S. Amines indicating the material is not a polymerizing substance, we are not adding stowage code “25” to this entry. In the absence of further rulemaking actions, these provisions will sunset two years from the effective date of this rulemaking. See the “Comment Discussion” section of this document for further discussion.

Code “28” requires materials to which this code is assigned to be stowed away from flammable liquids. In this final rule, consistent with changes to the IMDG Code, PHMSA is removing 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.”

PHMSA received comments from two commenters concerning amendments to column (10). Sean Bevan provided general support for harmonization in this area, while DGAC provided multiple editorial comments related to the assignment of various vessel stowage codes. The DGAC comments are summarized as follows:

•

“UN 3402, Alkaline earth metal amalgams, solid,” lists vessel stowage code “14” in column (10B).

DGAC believes the code should be “148.” PHMSA agrees and has amended column (10B) accordingly.

•

“UN 2968, Maneb stabilized or Maneb preparations, stabilized against self-heating,” lists vessel stowage code “25” in column (10B).

DGAC states the current entry does not have this code and there is no discussion in the preamble of the NPRM regarding its addition. PHMSA agrees that code “25” should not have been proposed in association with this entry and has removed it accordingly.

•

“UN 3395, Organometallic substance, solid, water-reactive,” the PGI entry lists vessel stowage code “14” in column (10B).

DGAC believes the code should be “148.” PHMSA agrees and has amended column (10B) accordingly.

•

“UN 3397, Organometallic substance, solid, water-reactive, self-heating,” the PGII and III entries list vessel stowage code “14” in column (10B).

DGAC believes the code should be “148.” PHMSA agrees and has amended column (10B) accordingly.

•

“UN 2257, Potassium,” vessel stowage codes “13” and “148” do not appear in column (10B).

DGAC believes these codes were inadvertently omitted and should be shown. PHMSA agrees that codes “13” and “148” should not have been proposed for removal in association with this entry and has reinserted them into the HMT.

•

“UN 3367, Trinitrobenzene, wetted, with not less than 10% water, by mass,” lists vessel stowage code “3” in column (10B).

DGAC believes the code should be “36.” PHMSA agrees and has amended column (10B) accordingly.

•

“UN1085, Vinyl bromide, stabilized,” lists stowage location “C” in column (10A).

DGAC believes the code should be “B.” PHMSA agrees and has amended column (10A) accordingly.

Appendix B to § 172.101:

Appendix B to § 172.101 lists marine pollutants regulated under the HMR. PHMSA is revising the list of marine pollutants by adding five new entries to remain consistent with the IMDG Code. These changes 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 added to the list of marine pollutants in appendix B to § 172.101: Hypochlorite solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane; and Tripropylene. DGAC commented that there already exists an entry in the list of marine pollutants for “hexane,” so there is no need to add the entry “hexanes.” PHMSA agrees and is not adding a duplicative entry for “hexanes.” IVODGA commented with general support for the addition of these entries.

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 final rule, PHMSA is making 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 is revising 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 is revising 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 is organizing the structure of the special provision into paragraph form for ease of reading. PHMSA received a comment from UPS stating that the amendment to special provision 134 categorizes hoverboards as battery-powered vehicles and not lithium batteries contained in equipment. UPS argued that this classification obscures to carriers the presence of lithium batteries with no indication in the proper shipping name that lithium batteries are present and requested that the United Nations reconsider this amendment during the next biennium. PHMSA notes these concerns and will consider whether the issue should be reconsidered during the next UN biennium. In the interest of ensuring proper shipping names utilized by shippers are consistent in all transport modes, we are adopting the amendments to special provision 134 as proposed in the NPRM.

•

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 is revising 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 is revising 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 is adding new special provision 157 and assigning it to “UN 3527, Polyester resin kit,

solid base material

.” The special provision allows the maximum net capacity for inner packagings of flammable solids in PG 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 is 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 specifies 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 is 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 is revising 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 is revising special provision 369 in conjunction with revising the primary classification for UN 3507 from Class 8 to Division 6.1. Specifically, PHMSA is clarifying 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 is 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-carrying and cargo-only aircraft; however, consistent with the ICAO Technical Instructions, PHMSA is authorizing them on cargo-only aircraft subject to the transport conditions prescribed in the special provision with additional approval of the Associate Administrator.

•

Special Provision 387:

PHMSA is 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 is clarifying in special provision 387 that these substances are forbidden for transport by air when temperature control is required. U.S. Amines requests that PHMSA reconsider assigning special provision 387 to Dipropylamine (UN 2383), further asserting that this material does not pose a polymerization risk. They provided safety data sheets and other associated technical data to substantiate the claim. Based on a

review of the technical information provided and the physical properties of the substance in question, PHMSA agrees and is not assigning special provision 387 to this substance. In the absence of further rulemaking actions, this provision will sunset two years from the effective date of this rulemaking. See the “Comment Discussion” section of this document for further discussion.

•

Special Provision 420:

PHMSA is adding new special provision 420 and assigning it to the HMT entry “UN 2000, Celluloid.” This special provision states that table tennis balls are not subject to the requirements of the HMR. 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 the NPRM, PHMSA discussed not including this special provision (

see

Section V, “Amendments Not Being Considered for Adoption in This NPRM”) as it is unnecessary based on 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.). PHMSA received three comments from COSTHA, DGAC, and IVODGA requesting that PHMSA reconsider the position to omit the special provision. DGAC specifically commented that while they fully agree with PHMSA's view that celluloid table tennis balls are not subject to the HMR and that the HMT entry “UN 2000, Celluloid” only applies when celluloid is in a pre-manufactured state, this position is not universally held by other governmental transport authorities. The commenters asserted that while the letter of interpretation is helpful, as it is not formally included in the HMR, including a special provision stating that table tennis balls are not subject to the HMR would be beneficial. PHMSA agrees with the commenters that adding a special provision to clarify table tennis balls are not subject to the requirements of the HMR is warranted and may lead to a reduction in the number of shipments rejected or frustrated by carriers. The special provision 420 added in this final rule differs from special provision 383 of the Model Regulations in that it excepts articles manufactured of celluloid, such as table tennis balls, without a limit on the size of the ball or the quantity per package.

•

Special Provision 421:

PHMSA is adding new special provision 421 and assigning it to the four new polymerizing substance, n.o.s. entries. This special provision is added to indicate that after January 2, 2019 shipments may not be offered for transportation under these basic descriptions. This special provision is added as a result of sunset provisions for polymerizing substance amendments. See the “Comment Discussion” section of this document for a discussion on the sunset provision.

•

Special Provision 422:

PHMSA is adding new special provision 422 and assigning it to the following 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 is providing 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 is 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-only aircraft with the approval of the Associate Administrator.

•

Special Provision A212:

PHMSA is 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-carrying aircraft irrespective of column (9A) of the § 172.101 HMT listing the material as forbidden.

•

Special Provision B134:

PHMSA is adding new special provision B134 and assigning it to UN Numbers 1309, 1376, 1483, 1869, 2793, and 2878. This special provision states that 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 is adding new special provision B135 and assigning it to UN Numbers 1932, 2008, 2545, 2546, 2881, and 3189. This special provision states that 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 is adding a new IP Code 19 and assigning it to UN 3531, UN 3532, UN 3553, and UN 3534. Consistent with international regulations, this special provision requires 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.

•

IP Code 21:

PHMSA is adding a new IP Code 21 and assigning it to UN Numbers 1309, 1376, 1390, 1394, 1396, 1400, 1401, 1402 (PG II), 1405, 1417, 1483 (PG III), 1869, 1932, 2545 (PG III), 2546 (PG III), 2624, 2793, 2813 (PG II and III), 2830, 2878, 2881 (PG III), 3078, 3170, and 3208 (PG II and III). Consistent with the IMDG Code, this special provision requires that flexible, fiberboard, or wooden IBCs must be sift-proof and water-resistant or be fitted with a sift-proof and water-resistant liner.

•

Special Provision N90:

Special provision N90 is assigned to the HMT entry “UN 3474, 1-Hydroxybenzotriazole, monohydrate” and prohibits the use of metal packages. Consistent with the UN Model Regulations, PHMSA is revising 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 is adding special provision N92 to the four new 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 is adding new special provision W31 and assigning it to the 155 HMT entries identified in Table 5 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA is requiring packages assigned as such to be hermetically sealed when offered for transportation by vessel.

The 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.

5

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).

5

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 amendments 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 amending 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 final rule, PHMSA is strengthening the ability of these packages transporting water-reactive substances. PHMSA received one comment from DGAC noting that the proposed text for W31 would apply to both “non-bulk” and “bulk” packagings as defined in the HMR. DGAC commented that the analogous special provision in IMDG code (PP31) only applies to what the HMR defines as “non-bulk” packagings. As a result, DGAC requested that special provision W31 be limited in its applicability to “non-bulk” packagings. PHMSA agrees with DGAC, and in this final rule, special provision W31 is added with applicability limited to non-bulk packagings.

•

Special Provision W32:

PHMSA is adding new special provision W32 and assigning it to 38 HMT entries identified in Table 5 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA is requiring packages assigned this special provision to be hermetically sealed, except for solid fused material, when offered for transportation by vessel. The 38 entries to which this addition is made are already required to be packaged in this manner in accordance with the IMDG Code through a modified PP31 (when compared to the PP31 mentioned in the W31 discussion above) assigned to various packing instructions. See the comments in the W31 discussion above for more discussion on the reasons for this amendment.

•

Special Provision W40:

PHMSA is adding new special provision W40 and assigning it to 38 HMT entries identified in Table 5 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA is prohibiting the use of non-bulk bags when offered for transportation by vessel. See the comments in the W31 discussion above for more discussion on the reasons for this amendment.

•

Special Provision W100:

PHMSA is adding new special provision W100 and assigning it to 27 HMT entries identified in Table 5 in the “Amendments to column (7) special provisions” section of this rulemaking. With the addition of this special provision, PHMSA is requiring non-bulk flexible, fiberboard, or wooden packagings that are assigned this special provision to be sift-proof and water-resistant, or to be fitted with a sift-proof and water-resistant liner. These amendments are intended to ensure that water-reactive materials transported by vessel are in packages that provide an appropriate level of protection from the ingress of water. See the comments in the W31 discussion above for more discussion on the reasons for this amendment.

Section 172.202

Section 172.202 details the requirements for the description of hazardous materials on shipping papers. PHMSA received a comment from COSTHA requesting an amendment to the transportation description requirements for consumer commodities offered for transportation by aircraft. COSTHA stated the notification of the pilot-in-command is created using information provided on the shipping papers and requested PHMSA allow a shipper offering consumer commodities to show on the shipping paper either the actual gross mass of each package or the average gross mass of all packages in the consignment. PHMSA agrees with COSTHA that without the consequential amendment they proposed in their comment, it would be difficult for airlines to implement our change to § 175.33 as proposed in the NPRM. Therefore, we are adding a new paragraph (a)(6)(viii) to provide an allowance for shippers of consumer commodities to show on the shipping paper either the actual gross mass of each package or the average gross mass of all packages in the consignment.

Section 172.407

Section 172.407 prescribes specifications for labels. On January 8, 2015, PHMSA published a final rule [Docket No. PHMSA-2013-0260 (HM-215M); 80 FR 1075] that required labels to have a solid line forming the inner border 5 mm from the outside edge of the label and a minimum line width of 2 mm. Transitional exceptions were provided allowing labels authorized prior to this rulemaking to be used until December 31, 2016.

The rulemaking authorized a reduction in label dimensions and

features if the size of the packaging so requires. This allowance for reduction in label dimensions, consistent with the requirements for standard size labels, was contingent on the solid line forming the inner border remaining 5 mm from the outside edge of the label and the minimum width of the line remaining 2 mm. PHMSA has become aware that maintaining these inner border size requirements, while reducing the size of other label elements, may potentially result in the symbols on the reduced size labels no longer being identifiable. Consequently, we are revising paragraph (c)(i) to remove the existing inner border size requirements for reduced dimension labels and authorizing the entire label to be reduced proportionally.

In the same January 8, 2015 final rule, PHMSA authorized the continued use of a label in conformance with the requirements of this paragraph in effect on December 31, 2014, until December 31, 2016. PHMSA has been made aware that the transition period provided may not be sufficient to allow the regulated community to implement necessary changes to business practices or to deplete inventories of previously authorized labels. PHMSA is extending the transition date provided in paragraph (c)(1)(iii) until December 31, 2018 for domestic transportation in order to provide additional time for implementation and depletion of existing stocks of labels. PHMSA received a comment of support for this amendment from Arkema Inc. and is adopting this transition date as proposed.

Section 172.447

PHMSA is creating a new section containing a new Class 9 hazard warning label for lithium batteries. The label consists of the existing Class 9 label with the addition of a figure depicting a group of batteries with one broken and emitting a flame in the lower half. This label will appear on packages containing lithium batteries required to display hazard warning labels and is intended to better communicate the specific hazards posed by lithium batteries. This action is consistent with the most recent editions of the UN Model Regulations, the ICAO Technical Instructions, and the IMDG Code. Packages of lithium batteries displaying the existing Class 9 label may continue to be used until December 31, 2018. We are adopting this transition period to allow shippers time to exhaust existing stocks of labels and pre-printed packagings. However, we are not adopting any modifications to the existing Class 9 placard or the creation of a Class 9 placard specifically for cargo transport units transporting lithium batteries. PHMSA received a comment from UPS providing support for this amendment.

Section 172.505

Section 172.505 details the transport situations that require subsidiary placarding. Uranium hexafluoride is a volatile solid that may present both chemical and radiological hazards. It is one of the most highly soluble industrial uranium compounds and, when airborne, hydrolyzes rapidly on contact with water to form hydrofluoric acid (HF) and uranyl fluoride (UO

2

F

2

).

6

6

https://www.epa.gov/sites/production/files/2014-11/documents/tsd58.pdf

.

As previously discussed in the review of changes to § 172.102, the UN Sub-Committee determined it necessary that a 6.1 subsidiary hazard be added to the Dangerous Goods List of uranium hexafluoride entries. Currently, in addition to the radioactive placard that may be required by § 172.504(e), each transport vehicle, portable tank, or freight container that contains 454 kg (1,001 pounds) or more gross weight of non-fissile, fissile-excepted, or fissile uranium hexafluoride must be placarded with a corrosive placard on each side and each end. PHMSA is adding a requirement for these shipments currently requiring corrosive subsidiary placards to also placard with 6.1 poison or toxic placards.

Part 173

Section 173.4a

Section 173.4a prescribes transportation requirements for excepted packages. In this final rule, consistent with changes to the UN Model Regulations, PHMSA is amending paragraph (e)(3) to allow required absorbent materials to be placed in either the intermediate or outer packaging.

Section 173.9

Section 173.9 prescribes requirements for the fumigant marking. In this final rule, PHMSA is amending § 173.9 to require that the fumigant marking and its required information are capable of withstanding a 30-day exposure to open weather conditions. This requirement is consistent with the survivability requirements for placards found in § 172.519. Therefore, we are making amendments to this section consistent with the survivability requirements for placards as proposed in the NPRM.

Section 173.21

Section 173.21 describes situations in which the offering for transport or transportation of materials or packages is forbidden. Examples include materials designated as “Forbidden” in column (3) of the HMT; electrical devices that are likely to generate sparks and/or a dangerous amount of heat; and materials that are likely to decompose or polymerize and generate dangerous quantities of heat or gas during decomposition or polymerization. In § 173.21, PHMSA is lowering the temperature threshold at which a polymerizing substance is forbidden for transport, unless the material is stabilized or inhibited, from 54 °C (130 °F) to 50 °C (122 °F) and amending the table in paragraph (f)(1) to accommodate the specific temperature controls applicable to polymerizing substances. This 50 °C (122 °F) temperature is consistent with existing requirements for Division 4.1 (self-reactive) and Division 5.2 (Organic peroxide) hazardous materials, as well as the 19th Revised Edition of UN Model Regulations for the transport of polymerizing substances in packages and IBCs, which requires temperature control in transport if the SAPT is 45 °C (113 °F) only for polymerizing substances offered for transport in portable tanks.

PHMSA received comments from DGAC and Dow proposing an editorial amendment to paragraph (f) to distinguish between a material that is likely to decompose with a self-accelerated decomposition temperature and a material that will polymerize. PHMSA agrees with the commenters and is revising paragraph (f) to clarify that materials with a SADT decompose and those with a SAPT polymerize. Additionally, PHMSA received a comment from Arkema Inc. asking if there are equivalent or alternative test methods that may be utilized other than the four test methods described in Part II of the UN Manual of Tests and Criteria for determining classification as a polymerizing substance. The only tests authorized to determine SAPT in § 173.21 are the Test Series H tests described in Part II of the UN Manual of Tests and Criteria.

We are not adopting a different temperature threshold before temperature control is required for portable tanks transporting polymerizing substances. At this time, we believe there is not sufficient data to support a different threshold for polymerizing substances in portable tanks.

PHMSA received comments from BAMM & MPA, Deltech Corporation, and DGAC concerning our proposal to maintain a minimum SAPT temperature of 50 °C for portable tanks versus the internationally adopted 45 °C. The commenters cited PHMSA's failure to harmonize in the past for transport provisions applicable to self-reactive materials and organic peroxides, as well as potential non-compliance concerns for imported materials that were evaluated and offered for transport at different temperatures than the proposal would require in the HMR. PHMSA continues to maintain that 50 °C is the maximum temperature reasonably expected to be experienced by any self-reactive, organic peroxide, and/or polymerizing substance. This 50 °C (122 °F) temperature is consistent with existing requirements for Division 4.1 (self-reactive) and Division 5.2 (organic peroxide) hazardous materials. In the absence of further rulemaking actions, these provisions will sunset two years from the effective date of this rulemaking. See the “Comment Discussion” section of this document for a discussion on the sunset provision. See the “Comment Discussion” section of this document for full discussion.

Section 173.40

Section 173.40 provides general packaging requirements for toxic materials packaged in cylinders. In this final rule, PHMSA is revising paragraph (a)(1) to clarify that TC, CTC, CRC, and BTC cylinders authorized in § 171.12, except for acetylene cylinders, may be used for toxic materials. PHMSA received a comment from COSTHA stating that the current § 173.40(a)(1) prohibits acetylene cylinders and non-refillable cylinders from carrying toxic by inhalation gases, and that “non-refillable cylinders” seem to have been inadvertently deleted from the proposed regulatory text in the NPRM. PHMSA agrees and is adding non-refillable cylinders to this prohibition in paragraph (a)(1).

Section 173.50

Section 173.50 provides definitions for the various divisions of Class 1 (Explosive) materials referenced in part 173, subpart C. Paragraph (b) of this section notes that Class 1 (Explosive) materials are divided into six divisions and that the current definition of Division 1.6 states that “this division comprises articles which contain only extremely insensitive substances.” PHMSA is amending the definition of Division 1.6 to note that the division is made up of articles that predominately contain extremely insensitive substances. Consistent with the recent changes to the UN Model Regulations, the new definition means that an article does not need to contain solely extremely insensitive substances to be classified as a Division 1.6 material.

Section 173.52

Section 173.52 contains descriptions of classification codes for explosives assigned by the Associate Administrator. These compatibility codes consist of the division number followed by the compatibility group letter. Consistent with changes proposed to § 173.50 and those made in the UN Model Regulations, PHMSA is amending the descriptive text for the 1.6N classification code entry in the existing table in this section to indicate that these explosives are articles predominantly containing extremely insensitive substances.

Section 173.62

Section 173.62 provides specific packaging requirements for explosives. Consistent with the UN Model Regulations, PHMSA is revising § 173.62 relating to specific packaging requirements for explosives.

In paragraph (b), in the Explosives Table, the entry for “UN 0510, Rocket motors” is added and assigned Packing Instruction 130 consistent with other rocket motor entries.

In paragraph (c), in the Table of Packing Methods, Packing Instruction 112(c) is revised by adding a particular packaging requirement applicable to UN 0504 requiring that metal packagings must not be used. It is also clarified that the prohibition of metal packagings does not include packagings constructed of other material with a small amount of metal (

e.g.,

metal closures or other metal fittings). Packing Instruction 114(b) is revised to clarify in the particular packaging requirement applicable to UN 0508 and UN 0509 that the prohibition of metal packagings does not include packagings constructed of other material with a small amount of metal (

i.e.,

metal closures or other metal fittings). Packing Instruction 130 is revised by adding UN 0510 to the list of large and robust explosives articles that may be transported unpackaged. PHMSA received a comment from Brent Knoblett asking if a rocket motor could be classified as a 1.4C article and qualify as large and robust. Given weight to power ratios, it is unlikely that a rocket motor would have the minimal energetics that would lead to a Division 1.4C classification. However, in the interest of harmonization and the inability to rule out the possibility of a large and robust rocket motor meeting the criteria for classification as a 1.4C article, PHMSA is adopting this unpackaged article authorization as proposed.

PHMSA is adding UN 0502 to Packing Instruction P130. This addition corrects an existing error in the HMR. Packing Instruction 130 is referenced for UN 0502 but contains no mention of UN 0502 in the actual instruction. In the NPRM, we proposed amending Packing Instruction 137 by amending the particular packaging instruction applicable to UN Numbers 0059, 0439, 0440, and 0441 by replacing the marking requirement “THIS SIDE UP” with a reference to the package orientation marking prescribed in § 172.312(b). PHMSA received comments from COSTHA, DOD, and IME noting that § 172.312(b) only provides a limitation on the use of orientation arrows and does not provide details for the manner in which they are to be displayed. PHMSA agrees that the paragraph referenced in the NPRM does not provide shippers of shape charges with an indication of the appropriate marking. Therefore, in this final rule, we are changing the reference to orientation markings meeting the requirements of § 172.312(a)(2).

Section 173.121

Section 173.121 provides criteria for the assignment of packing groups to Class 3 materials. Paragraph (b)(1)(iv) provides criteria for viscous flammable liquids of Class 3—such as paints, enamels, lacquers and varnishes—to be placed in PG III on the basis of their viscosity, coupled with other criteria. In this final rule and consistent with the changes to the UN Model regulations, PHMSA is amending paragraph (b)(1)(iv) to include additional viscosity criteria that can be used as an alternative where a flow cup test is unsuitable. PHMSA received a comment from the ACA providing support for this amendment.

Section 173.124

Section 173.124 outlines defining criteria for Divisions 4.1 (Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous when wet material). Division 4.1 (Flammable solid) includes desensitized explosives, self-reactive materials, and readily combustible solids. The UN Model Regulations adopted amendments to include polymerizing materials to the list of materials that meet the definition of Division 4.1. Transport conditions for polymerizing materials are not new under the HMR.

PHMSA received questions from Arkema Inc., BAMM & MPA, and Dow about exclusions from classification as

polymerizing substances for combustible liquids and Class 9 substances. These commenters further asked about testing requirements for materials currently identified in the HMT that may also polymerize and requested clarification that—as proposed in the NPRM—it would not be necessary to offer materials meeting the definition of a combustible liquid and a polymerizing substance as a polymerizing substance. Arkema Inc. and BAMM & MPA similarly asked if substances meeting the definitions of Class 9 and polymerizing substances need to be offered as a polymerizing substance. The definition of polymerizing substance adopted by the UN Model Regulations excludes substances that meet the criteria for inclusion in Classes 1-8. In the NPRM, we proposed to exclude all materials that meet the definition of any other hazard class. To further harmonize the HMR definition of polymerizing substances with that found in the Model Regulations, PHMSA is amending § 173.124(a)(4)(iii) to exclude substances that meet the criteria for inclusion in Classes 1-8, including combustible liquids. It is our belief that polymerizing substances that also meet the definition of Class 9 would be limited to environmentally hazardous substances. Much like the UN, we believe that the polymerizing properties of these materials should take precedence in the identification of these materials and that the applicable additional description elements (

i.e.,

marine pollutant or “RQ” for hazardous substance) should be appropriately identified by shippers. Substances that meet the defining criteria for combustible liquids and polymerizing substances are only required to be offered for transportation as a combustible liquid.

Section 173.21 presently contains approval provisions for the transport of polymerizing materials. Unlike the present HMR requirements, the classification requirements adopted in the UN Model Regulations do not require testing to determine the rate of vapor production when heated under confinement. This rate should be the deciding factor when determining whether a polymerizing substance should be authorized for transportation in an IBC or portable tank. PHMSA is adding polymerizing materials to the list of materials that meet the definition of Division 4.1 with the additional requirement that that polymerizing substances are only authorized for transport if they pass the UN Test Series E at the “None” or “Low” level when tested for heating under confinement, or other equivalent test methods.

Specifically, we are adding a new paragraph (a)(4) that defines polymerizing materials generally and specifies defining criteria. Polymerizing materials are materials that are liable to undergo an exothermic reaction resulting in the formation of polymers under conditions normally encountered in transport. Additionally, polymerizing materials in Division 4.1 have a self-accelerating polymerization temperature of 75 °C (167 °F) or less; have an appropriate packaging determined by successfully passing the UN Test Series E at the “None” or “Low” level or by an equivalent test method; exhibit a heat of reaction of more than 300 J/g; and do not meet the definition of any other hazard class. PHMSA received questions from Arkema Inc. and Dow requesting clarification that for materials specifically listed by name in the HMT no testing is required to determine SAPT or appropriate transport provisions. Additionally, Arkema Inc. requested PHMSA more closely align our definition with that in the UN Model Regulations by including the phrase “which, without stabilization” in paragraph (a). Arkema Inc. and Dow are correct in their understanding that for materials specifically identified in the HMT by name (including n.o.s. entries) no additional testing is required to determine if the material is polymerizing. PHMSA agrees that the text as noted by Arkema Inc. is helpful in determining the applicability of the defining criteria for polymerizing substances and is making the recommended change to the definition of polymerizing substances.

PHMSA received comments from Arkema Inc., BAMM & MPA, Deltech, and DGAC raising concerns over PHMSA's proposal to require polymerizing substances intended to be transported in portable tanks or IBCs to undergo the Test Series E heating under confinement testing from the UN Manual of Tests and Criteria. The commenters stated that when polymerizing substances react in the test apparatus they often clog its orifice. They further stated this testing leads to unreliable, overly conservative results that suggest the material under test poses a greater hazard from heating under confinement than it actually does. Additionally, the commenters requested PHMSA align with the international approach for testing these substances, which only requires testing the substances under Test Series H to determine the substances SAPT.

While testing in accordance with UN Series E does present difficulties, this testing has been performed in the past in support of approval applications for various polymerizing substances. Additionally, while a clogged orifice within the Series E tests could be overly conservative, it is important to note that similar situations may occur during transport. For instance, a polymerizing substance that clogs the orifice during testing could potentially clog the pressure relief device on a portable tank. In such an incident, the testing would provide similar results to what could be expected within a transportation situation. Test Series E and H do not measure and/or predict the same phenomena. PHMSA notes Test Series E (or an equivalent performance measure) provides information on how the material behaves when heated under confinement. Test Series H provides information on the SAPT, and thus the potential need for temperature controls. These two tests are synergistic and not mutually exclusive. For these reasons, PHMSA is maintaining the testing requirements for polymerizing substances as proposed in the NPRM.

In the NPRM, PHMSA proposed to allow “equivalent test methods” to the Test Series E and specifically solicited comments on this topic. The only comment received concerning equivalent test methods was from BAMM & MPA, who noted their belief that Test Series H plus modeling could potentially provide equivalent results to Test Series E. In this final rule, PHMSA is authorizing additional test methods for determining heating under confinement with the approval of the Associate Administrator. In the absence of further rulemaking actions, this definition will sunset two years from the effective date of this rulemaking. See the “Comment Discussion” section of this document for further discussion.

Section 173.165

Section 173.165 prescribes the transport and packaging requirements for polyester resin kits. PHMSA is revising § 173.165 by adding the requirements for polyester resin kits with a flammable solid base consistent with the new HMT entry “UN 3527, Polyester resin kit, solid base material, 4.1.”

Section 173.185

Section 173.185 prescribes transportation requirements for lithium batteries. Paragraph (c) describes alternative packaging and alternative hazard communication for shipments of up to 8 small lithium cells or 2 small batteries per package (up to 1 gram per

lithium metal cell, 2 grams per lithium metal battery, 20 Wh per lithium ion cell, and 100 Wh per lithium ion battery). Specifically, PHMSA is amending paragraph (c) to require strong outer packagings for small lithium cells or batteries to be rigid and to replace the current text markings that communicate the presence of lithium batteries and the flammability hazard that exists if damaged with a single lithium battery mark. The package must be of adequate size that the lithium battery mark can be displayed on one side of the package without folding. In addition, the lithium battery mark will be required to appear on packages containing lithium cells or batteries, or lithium cells or batteries packed with, or contained in, equipment when there are more than two packages in the consignment. This requirement would not apply to a package containing button cell batteries installed in equipment (including circuit boards) or when no more than four lithium cells or two lithium batteries are installed in the equipment. We are further clarifying what is meant by the term “consignment” by defining the term used in § 173.185 as one or more packages of hazardous materials accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address.

PRBA submitted a comment to the NPRM noting that PHMSA's proposed definition for “consignment” would be applied to all modes of transport and that, while ICAO's definition applies only to air transportation, the proposed text is consistent with that found in the ICAO Technical Instructions. The ICAO Technical Instructions, IMDG Code, and UN Model Regulations do not have the same definition for “consignment.” Therefore, PRBA requested PHMSA amend the definition of consignment to indicate that it is only applicable to transportation by air. PRBA is correct that the definitions for “consignment” vary slightly between the various international standards. However, we note that the UN Model Regulations, IMDG Code, and ICAO Technical Instructions all include the term “consignment” when referencing exceptions from the lithium battery mark. The intent of these standards is to require the marking when multiple packages are offered from one shipper to one consignee. The definition as proposed in the NPRM best represents this requirement and allows for consistent application across all modes of transportation. PHMSA notes that under the HMR this definition is limited to its usage in § 173.185. Therefore, we are amending the definition of “consignment” as proposed in the NPRM.

Under current HMR requirements, a package of cells or batteries that meets the requirements of § 173.185(c) may be packed in strong outer packagings that meet the general requirements of §§ 173.24 and 173.24a instead of the standard UN performance packaging. Lithium batteries packed in accordance with § 173.185(c) must be packed in strong outer packagings that meet the general packaging requirements of §§ 173.24 and 173.24a and be capable of withstanding a 1.2 meter (3.9 ft) drop test without damage to the cells or batteries contained in the package, shifting of the contents that would allow battery-to-battery or cell-to-cell contact, or release of contents. Alternative hazard communication requirements also apply. The Class 9 label is replaced with text indicating the presence of lithium batteries; an indication that the package must be handled with care and that a flammability hazard exists if damaged; procedures to take in the event of damage; and a telephone number for additional information. Instead of a shipping paper, the shipper can provide the carrier with an alternative document that includes the same information as provided on the package.

In this rulemaking, PHMSA is replacing the existing text for marking requirements in § 173.185(c)(3) with a standard lithium battery mark for use in all transport modes and to remove the requirement in § 173.185(c)(3) for shippers to provide an alternative document. The lithium battery mark communicates key information (

i.e.,

the package contents and that a flammability hazard exists if damaged). The mark utilizes recognizable symbols that permit transport workers and emergency responders to quickly ascertain the package contents and take appropriate action. A single mark that is understood and accepted for all transport modes will increase the effectiveness. A transition period until December 31, 2018, is provided to allow adequate time for shippers to transition the new lithium battery mark and exhaust existing stocks of preprinted packagings or markings. UPS asks if the transition period also includes the requirement to mark packages when there are more than two packages per consignment of lithium ion or metal batteries contained in equipment. As proposed this transition was only intended to apply to the requirements for the mark itself and not to the exception from marking. After reviewing the international standards this rulemaking is harmonizing the HMR with, PHMSA has determined that for modes of transportation other than air an additional year was provided for consignment limit changes. In this final rule, PHMSA is amending § 173.185(c)(3(ii) to state that for modes of transportation other than by aircraft the provisions in paragraph (c)(3), including the exceptions from marking, in effect on December 31, 2016 may continue to be used until December 31, 2018. For transportation by aircraft only the provisions concerning the lithium battery handling marking itself in paragraph (c)(3)(ii) may be used until December 31, 2018. The current documentation requirement is redundant given the existing marking requirement and provides minimal additional safety value to that provided by the mark.

At the 49th session of the UN Sub-Committee, a late design revision to the lithium battery mark was adopted to authorize the mark on a background of “suitable contrasting color” in addition to white. This is consistent with design requirements for limited quantity marks and other marks in the Model Regulations. In this rulemaking, PHMSA is allowing the mark on a background of suitable contrasting color in addition to white.

Additionally, PHMSA is amending § 173.185(c)(2) and (c)(3)(i) to specify that outer packagings used to contain small lithium batteries must be rigid and of adequate size so the handling mark can be affixed on one side without the mark being folded. The HMR currently do not prescribe minimum package dimensions or specific requirements for package performance other than the requirements described in §§ 173.24 and 173.24a. We are aware of several instances in which either the package dimensions were not adequate to accommodate the required marks and labels or the package was not sufficiently strong to withstand the rigors of transport. These amendments will enhance the communication and recognition of lithium batteries and better ensure that packaging is strong enough to withstand normal transport conditions. PHMSA received comments from COSTHA, DGAC, Labelmaster Services, and PRBA requesting that an exception from the requirement for rigid packaging for batteries contained in equipment be provided if the equipment that contains the battery offers an equivalent level of protection. COSTHA noted some key fobs and remote control devices as examples of equipment that generally provide an equivalent level of

protection to a rigid packaging, further noting that these devices are currently shipped in padded envelopes safely. PHMSA agrees that rigid packaging is not necessary if the equipment containing lithium batteries provides a level of protection that is equivalent to rigid packaging and is therefore amending paragraph (c)(2) to address these comments.

PHMSA is amending § 173.185(e) to permit the transport of prototype and low production runs of lithium batteries contained in equipment. These amendments are mostly consistent with amendments adopted into the 19th Revised Edition of the UN Model Regulations and Amendment 38-16 of the IMDG Code, which authorize the transportation of prototype and low production runs of lithium batteries contained in equipment in packaging tested to the PG II level. The ICAO Technical Instructions authorize the transportation of prototype and low production runs of lithium batteries contained in equipment in packaging tested to the PG I level. In the NPRM, PHMSA proposed to continue to require prototype and low production batteries to be placed in packaging tested to the PG I performance level. We believe that the higher integrity packaging provides an additional layer of protection for cells and batteries not otherwise subjected to the UN design tests.

PRBA stated in their comment that PHMSA proposed to require PG I packaging and prohibit the use of fiberboard boxes when shipping prototype and low production lithium batteries by motor vehicle or vessel. PRBA noted this change is not consistent with the UN Model Regulations and IMDG Code because both standards authorize the use of PG II packaging and 4G fiberboard boxes. They further stated this lack of harmonization, particularly with the IMDG Code, will create compliance problems for our members shipping prototype or low production lithium batteries into the U.S. in accordance with the IMDG Code. Nothing in subpart C of part 171 would prohibit prototype or low production run batteries from being transported in accordance with the packaging authorizations in the IMDG Code (

i.e.,

a 4G fiberboard box at the PG II performance level) as authorized by § 171.22. PRBA requests PHMSA authorize a PG II 4G fiberboard box for shipments offered for transportation by motor vehicle and vessel and a PG I 4G fiberboard box for transportation by aircraft.

PHMSA notes that the proposals in the NPRM were primarily to provide authorizations for prototype or low production run batteries contained in equipment and additional flexibility in packaging multiple batteries and equipment in tested packaging, using existing packaging authorizations for the batteries to determine appropriate packaging. PRBA further noted that if PHMSA prohibits the use of PG I 4G fiberboard boxes for shipping prototype or low production lithium batteries by air, the HMR will conflict with the requirements of the ICAO Technical Instructions and will not comply with Section 828 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012. Shipments of prototype batteries require an approval for air transport. If the shipper wishes to offer by air in a PG I 4G fiberboard box, they may request such authorization in their approval request. Each request will be examined on its own merits.

Consistent with changes to the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions, PHMSA is adding a new paragraph (e)(7) to require shipments of low production runs and prototype lithium batteries to note conformance with the requirements of § 173.185(e) on shipping papers.

Additionally, PHMSA is amending § 173.185(f)(4) to harmonize with a requirement in the 19th Revised Edition of the UN Model Regulations that the “Damaged/defective lithium ion battery” and/or “Damaged/defective lithium metal battery” marking as appropriate be in characters at least 12 mm (0.47 inches) high.

Section 173.217

Section 173.217 establishes packaging requirements for dry ice (carbon dioxide, solid). Paragraph (c) prescribes additional packaging requirements for air transport. Consistent with the ICAO Technical Instructions, PHMSA is removing the term “other type of pallet” in paragraph (c)(3) that excepts dry ice being used as a refrigerant for other non-hazardous materials from the quantity limits per package shown in columns (9A) and (9B) of the § 172.101 HMT.

Section 173.220

Section 173.220 prescribes transportation requirements and exceptions for internal combustion engines, vehicles, machinery containing internal combustion engines, battery-powered equipment or machinery, and fuel cell-powered equipment or machinery. The UN Model Regulations adopted amendments to the existing UN 3166 engine and vehicle entries during the last biennium. These changes are continuations of efforts undertaken by the UN Sub-Committee to ensure appropriate hazard communication is provided for engines containing large quantities of fuels.

The 17th Edition of the UN Model Regulations added special provision 363, which required varying levels of hazard communication depending on the type and quantity of fuel present, in attempts to ensure the hazards associated with engines containing large quan

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