# Hazardous Materials: Harmonization With International Standards (RRR) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2017-04565 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** March 30, 2017 - **Citation:** 82 FR 15796 ## Text DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, 172, 173, 175, 176, 178, and 180 [Docket No. PHMSA-2015-0273 (HM-215N)] RIN 2137-AF18 Hazardous Materials: Harmonization With International Standards (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: 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; 1 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. 1 Small cells and batteries for the purposes of this rulemaking are a lithium metal cell containing not more than 1 gram of lithium metal, a lithium metal battery containing not more than 2 grams of lithium metal, a lithium ion cell not more than 20 Watt-hours (Wh), and a lithium ion battery not more than 100 Wh (49 CFR 173.185(c) and Section II of Packing Instructions 965 and 968 in the ICAO Technical Instructions). • Engine, Internal Combustion/Machinery, Internal Combustion: PHMSA 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. 2 2 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. 3 3 The search function on Transport Canada's Web site allows users to search for the registered mark of requalifiers. Searching by the registered mark found on a cylinder will allow interested parties to verify that the cylinder was requalified by a facility certified by Transport Canada. The 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. [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2017-04565. Public record. Not legal advice.