Implementation of the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Final Rule DEPARTMENT OF TRANSPORTATION

SUMMARY: This final rule amends the Hazardous Materials Regulations to

maintain alignment with corresponding provisions of international

standards. Because of 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 (UN

Recommendations), these revisions are necessary to facilitate the

transport of hazardous materials in international commerce.

DATES: Effective: October 1, 1995.

Compliance date: Compliance with the regulations, as amended

herein, is authorized as of January 1, 1995.

Incorporation by reference: The incorporation by reference of

certain publications listed in these amendments has been approved by

the Director of the Federal Register as of October 1, 1995.

FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International

Standards Coordinator, telephone (202) 366-0586, Beth Romo or John

Gale, Office of Hazardous Materials Standards, telephone (202) 366-

8553, Hazardous Materials Safety, Research and Special Programs

Administration, U.S. Department of Transportation, 400 Seventh Street,

SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

On December 21, 1990, the Research and Special Programs

Administration (RSPA) published a final rule [Docket HM-181; 55 FR

52402] which comprehensively revised the Hazardous Materials

Regulations (HMR), 49 CFR Parts 171 to 180, with respect to hazard

communication, classification, and packaging requirements, based on the

UN Recommendations. One intended effect of the rule was to facilitate

the international transportation of hazardous materials by ensuring a

basic consistency between the HMR and international regulations.

The UN Recommendations are not regulations, but are recommendations

issued by the UN Committee of Experts on the Transport of Dangerous

Goods. These recommendations are amended and updated biennially by the

Committee of Experts and are distributed to nations throughout the

world. They serve as the basis for international modal regulations;

specifically the IMDG Code, issued by the International Maritime

Organization (IMO), and the ICAO Technical Instructions. In 49 CFR

171.12, the HMR authorize shipments prepared in accordance with the

IMDG Code if all or part of the transportation is by vessel, subject to

certain conditions and limitations. Offering, accepting and

transporting hazardous materials by aircraft, in conformance with the

ICAO Technical Instructions, and by motor vehicle either before or

after being transported by aircraft, are authorized in Sec. 171.11

(with certain exceptions).

On December 22, 1992, RSPA issued an interim final rule [Docket HM-

215; 57 FR 60738] amending Sec. 171.7 by incorporating the 1993-1994

edition of the ICAO Technical Instructions and Amendment 26 to the IMDG

Code. This rulemaking action authorized the use of the updated

international regulations, effective January 1, 1993. Amendment 26

promulgated numerous miscellaneous changes to the IMDG Code regarding

classification, labeling, packaging, and documentation. The 1993-1994

edition of the ICAO Technical Instructions contained amendments

relating to the seventh revised edition of the UN Recommendations, as

well as changes specific to air transportation.

The HMR, as revised under Docket HM-181, are largely based on the

sixth revised edition of the UN Recommendations. Selected provisions

from the seventh and eighth revised editions of the UN Recommendations

have been incorporated into the HMR under subsequent Docket HM-181

rulemaking actions.

On July 18, 1994, RSPA issued a Notice of Proposed Rulemaking

(NPRM) (Docket HM-215A; 59 FR 36488), which proposed changes to more

fully align the HMR with the seventh and eighth revised editions of the

UN Recommendations. Such changes would provide consistency with the

international air and sea transport requirements which, effective

January 1, 1995, will be aligned with the eighth revised edition of the

UN Recommendations.

II. Summary of Comments

RSPA received nearly 120 comments to the proposed rule from

chemical manufacturers and distributors, carriers, model rocket users,

and industry associations representing hazardous materials offerors,

carriers, and packaging manufacturers and reconditioners. Commenters

supported RSPA's effort to align the HMR with international standards

to provide consistency and facilitate the international transportation

of hazardous materials. Major issues identified by commenters included:

(1) The purported need for a delay in the effective date of the final

rule to allow an orderly transition from old to new requirements; (2)

possible expansion of proposed provisions to allow reuse of certain UN

standard packagings without leakproofness testing; (3) a request from

model rocket users to clarify proposed packaging requirements for model

rockets; (4) proposed removal of an exception for shipments transported

within a port area; (5) reciprocal treatment of foreign-manufactured

packagings; (6) proposed changes in criteria for corrosivity testing;

and (7) proposed subsidiary labeling and terminology changes. A more

detailed discussion of the comments and rulemaking actions in response

to these comments is provided in the following summary.

III. Summary of Regulatory Changes by Section

Part 171

Section 171.7. Various standards, such as those issued by the

International Organization for Standardization (ISO), the American

Society for Testing and Materials (ASTM), and Transport Canada, are

added or updated, and the most current versions of the ICAO Technical

Instructions, the IMDG Code, and the UN Recommendations are

incorporated.

Section 171.8. New definitions for ``Asphyxiant gas,'' ``Gas,''

``Oxidizing gas'' and ``Siftproof packaging'' are added, and

definitions for ``Box,'' ``Liquid,'' ``Overpack,'' ``Solid'' and ``UN

standard packaging'' are revised for consistency with the seventh and

eighth revised editions of the UN Recommendations. Two commenters asked

RSPA to delete the word ``Small'' in the proposed revision of the

definition for ``box''. These commenters claimed that the term was

ambiguous and could lead to differing interpretations by various

enforcement agencies. RSPA agrees and is replacing the wording ``Small

holes'' with the phrase ``Holes appropriate to the size and use of the

packaging''. One of the commenters further asked RSPA to clarify

whether the openings in the box may be designed for uses other than for

ease of handling or opening. RSPA believes the wording ``such as ease

of handling or opening, or to meet classification requirements''

proposed in the NPRM offers sufficient examples of uses for openings

and, therefore, is not amending this text in the final rule. The

definition for ``UN standard packaging'' is revised to clarify that it

applies to both U.S.-manufactured and foreign-manufactured packagings

and to delete reference to Subparts L and M of Part 178.

Section 171.11. Paragraph (d)(5) is adopted as proposed to include

the word ``toxic'' as an appropriate reference to a poison.

Section 171.12. Paragraph (b) is revised as proposed. RSPA is

amending Secs. 171.12(b) and 176.27(c) to reference IMDG Code

requirements for a container packing certification for freight

containers and transport units intended for carriage by vessel. This

requirement applies to persons who load hazardous materials for

transportation (including freight forwarders, freight consolidators and

non-vessel operating common carriers) or transport hazardous materials

by vessel. A freight container packing certification requirement was

adopted several years ago under Amendment 24 to the IMDG Code and

became effective worldwide on January 1, 1994, as mandated under the

International Convention on Safety of Life at Sea (SOLAS Convention).

When hazardous materials are packed into a freight container or

transport vehicle for transportation by vessel, those responsible for

packing the unit must provide a certificate or declaration to the

carrier attesting that the container is suitable for transport, that it

contains compatible materials in packages that have been properly

inspected, packed, and secured, and the container and packages are

properly marked, labeled, and placarded. This certification may appear

either in a separate document or in a signed statement provided on the

dangerous goods shipping document. Because the U.S. is a signatory to

the SOLAS Convention, RSPA is adopting a similar container packing

certification requirement under the HMR.

In the NPRM, RSPA proposed removal of wording in paragraph (c)

which allows hazardous materials being imported into or exported from

the U.S. to comply with IMDG Code regulations in port areas. Commenters

responding to this proposal opposed the removal of this wording; they

claimed that a requirement for hazardous materials being imported into

or exported from the U.S. to comply with the HMR in a port area would

impose an economic burden on the industry and would be a barrier to

trade. Paragraph (c) is not being revised in this final rule. RSPA

plans to address the port area issue in greater detail in a future

rulemaking proceeding.

Section 171.14. This section is revised to provide a delayed

implementation date for amendments adopted in this final rule. RSPA

also is removing obsolete transition dates provided under the Docket

HM-181 final rule and its subsequent revisions. A new paragraph (a)

contains all remaining transition provisions for implementing changes

adopted under the Docket HM-181 final rules.

The effective date of this final rule is October 1, 1995. However,

RSPA is authorizing a voluntary compliance date of January 1, 1995,

which is consistent with the effective date of new requirements for

international air and vessel shipments and will allow shippers to

prepare their international shipments in accordance with the new ICAO,

IMDG, and HMR provisions. RSPA also is authorizing, in new paragraph

(b), a delay in mandatory compliance with the new requirements, until

October 1, 1996. RSPA believes that an effective date of October 1,

1995, with an additional one-year delay until October 1, 1996, offers a

sufficient phase-in period to implement new provisions and deplete

current stocks of shipping papers, labels and placards, and containers

affected by the new requirements. The October 1, 1996 implementation

date also is consistent with certain Docket HM-181 transition

provisions for maintenance and use of packagings. In addition,

paragraph (b)(2) permits intermixing of old and new hazard

communication requirements and reflects certain intermixing provisions

authorized by the Docket HM-181 final rule.

Part 172

Sections 172.101 and 172.102. RSPA is revising the Hazardous

Materials Table (HMT) and the list of special provisions in

Sec. 172.102 for basic conformance with the eighth revised edition of

the UN Recommendations, the ICAO Technical Instructions (1995-1996

edition) and the 27th edition of the IMDG Code.

The IM tank authorizations are revised for consistency with the

changes in Chapter 12 of the seventh and eighth revised editions of the

UN Recommendations. These changes can be found in the ``T-note''

authorizations that are listed in Column 7 of the HMT.

The aircraft quantity limitations in Column 9 and the vessel

stowage requirements in Column 10 are revised for consistency with the

ICAO Technical Instructions and IMDG Code, respectively. In

Sec. 172.101(k)(1)-(k)(5), revised definitions of the vessel stowage

codes, which are prescribed in the Sec. 172.101 Table, are adopted as

proposed for consistency with the IMDG Code. This revision broadens

current stowage provisions for hazardous materials on cargo vessels to

apply to hazardous materials (such as propane) on passenger vessels

carrying a limited number of passengers. RSPA received two comments

supporting this proposed change.

Changes to the HMT are quite extensive--approximately 33% of the

entries in the HMT are changed. Therefore, RSPA is republishing the

entire HMT in this final rule, but does not believe it is necessary to

discuss every change in this section review. However, in order to

facilitate the reader's understanding of the changes to the HMT, RSPA

is providing a list of all entries that are added, deleted, or made

more restrictive. This list includes all changes in (1) the shipping

name, (2) IM tank authorization, (3) subsidiary labeling, (4)

classification, and (5) packaging. In addition, a discussion of the

more substantive changes is provided.

Numerous editorial changes are made to the HMT to correct

misspellings and errors and to provide more consistency. A corrected

typographical error is not shown in the list of significant changes. In

addition, new generic entries are added for self-heating liquids and

solids. Specific entries for self-reactive materials are removed from

the HMT and replaced with new generic entries.

As discussed in the NPRM, the UN Recommendations, ICAO Technical

Instructions, and IMDG Code have replaced the term ``poisonous'' with

the term ``toxic.'' RSPA proposed to amend proper shipping names in the

HMT that contain the word ``poisonous'' by replacing ``poisonous'' with

the word ``toxic'' to conform to international terminology. For

example, the proper shipping name ``Flammable liquid, poisonous,

n.o.s.'' would read ``Flammable liquid, toxic, n.o.s.''. However, RSPA

also proposed to revise Sec. 172.101(c)(3) to allow the use of the word

``poisonous'' interchangeably with the word ``toxic''. Numerous

commenters provided diverse opinions on this proposal. Highway carriers

and the American Trucking Associations (ATA) believed that emergency

responders would be at greater risk because the word ``toxic'' is

overused and minimizes the seriousness of the poison hazard. They

recommended reinstating ``Poison'' or ``Poisonous'' entries for

domestic transportation. Another commenter thought that the option to

use either term would force emergency response personnel and end users

to deal with situations involving the same product bearing different

labels or placards, depending on shipper preference. On the other hand,

chemical manufacturers and their associations, such as the Chemical

Manufacturers Association (CMA), supported the proposal to allow

interchangeable use of either term. Other commenters, such as the

Hazardous Materials Advisory Council (HMAC) agreed with interchangeable

use, but only for as long as required to deplete stocks of preprinted

materials and conduct training. RSPA believes the interchangeable use

of ``poison'' and ``toxic'' for domestic transportation will provide

flexibility and, therefore, is adopting as proposed the provision to

permit use of either term.

The eighth revised edition of the UN Recommendations added entries

and assigned new UN I.D. numbers for elevated temperature materials.

RSPA is changing the I.D. numbers for elevated temperature materials in

the HMT to correspond with those in the UN Recommendations. RSPA

received comments requesting that RSPA not adopt the proposed

identification numbers for elevated temperature materials. The

commenters noted that the old identification numbers have only been

required since October 1, 1993, and that switching them after only one

year will cause confusion and non-compliance. Another commenter

requested an extended transition period for the change in

identification numbers for elevated temperature materials in order to

dispose of large supplies of markings. With the extended transition

period being provided in this final rule, RSPA believes that any

confusion related to the change of identification numbers will be

minimal. Therefore, RSPA is not accepting commenters' requests and has

adopted the shipping descriptions for elevated temperature materials as

proposed. In addition, RSPA is revising the HOT mark illustrated in

Sec. 172.325(c) to reflect the new UN identification number assigned to

``Elevated temperature material, liquid, n.o.s.''

Currently under the HMR, air bags are assigned to the Division 4.1

hazard class and the proper shipping name is limited to ``Air bag

inflators'' or ``Air bag modules.'' Based on changes in the UN

Recommendations, RSPA is revising the proper shipping name for air bags

to include seat belt pre-tensioners and modules. The new proper

shipping name is ``Air bag inflators or Air bag modules or Seat-belt

modules or Seat-belt pre-tensioners.'' This entry also reflects a

change in classification from Division 4.1 to Class 9, adoption of a

new UN number, and removal of the ``D'' in Column 1.

Two new domestic entries are added for ``toy caps'' and ``model

rocket motors''. Model rocket motors containing 30 grams or less

propellant are classed as Division 1.4S while items containing more

than 30 grams but not more than 62.5 grams of propellant are classed as

Division 1.4C. RSPA received numerous comments requesting a different

packing method for these materials. The commenters requested packing

method E-146(b) instead of packing method E-114 for these materials.

RSPA has not adopted this request to allow the use of packing method E-

146 for these materials, but has modified packing method E-114 to allow

plastic bags as inner packagings.

Two new entries for ``Batteries, containing sodium'' and ``Cells,

containing sodium'' are added in the HMT based on the UN

Recommendations entry (UN 3292). Since these materials were previously

authorized only under the terms of an exemption or competent authority

approval, RSPA is adding a new packaging section, Sec. 173.189, that

prescribes general packaging and transport requirements for these

materials consistent with the UN Recommendations.

Currently, in Column 1, a ``+'' is assigned to certain materials

meeting the criteria of Division 6.1, Packing Group I, toxic by

inhalation, but classed in another hazard class. The eighth revised

edition of the UN Recommendations incorporated revisions to the hazard

classification of these materials to Division 6.1, Packing Group I,

toxic by inhalation. Therefore, the ``+'' is removed from Column 1 for

any liquid poison by inhalation (PIH) material newly classed in

Division 6.1, Packing Group I.

The shipping name ``acetonitrile'' replaces the name ``methyl

cyanide.'' The hazard class for ``Formaldehyde solutions'' currently

shown as Class 9 is revised to Class 8. Numerous generic pesticide

entries are revised to remove the ``n.o.s.'' from the shipping names.

Revised generic shipping descriptions for Division 4.3 materials

are prefaced by the words ``water-reactive'' in lieu of the words

``substances which in contact with water emit''. The prefix of the

identification number for ``Polyester resin kits'' is changed to ``UN''

from ``NA'' and Special Provision 40 is added in Column 7 that

specifies contents and packaging requirements for polyester resin kits.

In addition, Special Provision 117 is removed from the entry

corresponding to ``UN0150.''

The entry for alcoholic beverages is revised in Column 7 to include

Special Provision 24, to indicate that alcoholic beverages with more

than 70 percent alcohol by volume are assigned Packing Group II and

alcoholic beverages containing more than 24 percent but not more than

70 percent alcohol are assigned Packing Group III. In addition,

Sec. 173.150 is revised to increase (to five liters per inner

packaging) the quantity of alcoholic beverage in a packaging excepted

from the HMR and to provide an exception adopted in the UN

Recommendations to permit Packing Group III alcoholic beverages

transported in receptacles of 250 L (66 gallons) or less to be excepted

from the HMR unless transported by air. One commenter requested that

the shipping name ``ethanol'' also include Special Provision 24 because

distilled spirits can be shipped under either ``alcoholic beverages''

or ``ethanol''. RSPA is not accepting this request. As the commenter

noted, the addition of Special Provision 24 is simply a procedural

modification of the existing classification procedure for alcoholic

beverages. RSPA considers this commenter's request outside the scope of

this rulemaking.

RSPA received a comment requesting that the shipping name

``polystyrene beads expandable evolving flammable vapors'', be retained

for domestic transportation. The commenter noted that the name had only

been required since October 1, 1993, and that it is not cost-efficient

to change in such a short period of time. RSPA is not accepting this

request but believes that the lengthy transition period should offset

any additional cost that may be incurred by the shipper.

Several comments were received that objected to the proposal to

remove from the HMT the entry ``Propellant explosive, solid, NA0274,

1.3C''. These commenters requested that this entry be retained because

it allowed them to ship these 1.3C explosives by cargo only aircraft.

RSPA is not adopting this suggestion and is removing this entry from

the HMT. RSPA believes that there is not sufficient justification to

create a domestic exception for Division 1.3 substances or to allow

these explosive substances to be transported by cargo only aircraft

when no other Division 1.3 substance is allowed to be transported by

aircraft.

Several comments were received regarding the shipping name

``azodicarbonamide'', a self-reactive material. Commenters believed

that listing this material was ``superfluous'' considering the new

classification scheme for self-reactive materials. RSPA concurs and has

removed this entry from the HMR.

One commenter requested several editorial changes to the shipping

name ``Jet perforating guns, charged, without detonator'', which are

adopted in this final rule. However, one suggestion, to remove the

words ``without detonator'' from the shipping description, is not

adopted. The commenter stated that packing method US006 allows

detonators to be transported in jet perforating guns; therefore, the

words ``without detonator'' should be removed from the shipping name.

However, US006 only allows detonators to be transported with, not in,

jet perforating guns.

RSPA received comments disagreeing with the removal of the shipping

name ``Petroleum oil''. Commenters stated that the name was important

for compliance with the Oil Pollution Act requirements in 49 CFR Part

130, and requested that a domestic shipping description be added. RSPA

concurs and is retaining the proper shipping name ``Petroleum oil''

with an identification number ``NA1270''.

One commenter suggested that RSPA provide a non-bulk packaging

exception for ``Resin solution'' comparable to the exception provided

for paint under Sec. 173.173 of the HMR. The commenter claimed that an

exception from the performance packaging requirements is provided for

certain resin solutions under the UN Recommendations and the IMDG Code.

The commenter stated that U.S. companies need the exception for Resin

solutions to compete in the international marketplace. RSPA agrees with

the commenter's suggestion and is adding in the Sec. 172.101 Table for

the entry ``Resin solution'', in Column 8A, ``Sec. 173.173''. RSPA also

is amending the section heading and the introductory text of paragraph

(b) of Sec. 173.173 to include resins.

In the notice, RSPA proposed to add several generic proper shipping

names including the words, ``organic'', ``inorganic'', ``acid'', or

``base''. In addition, RSPA proposed new identification numbers for

generic shipping descriptions for liquefied gases. RSPA received

several comments on these proposals. Many of the commenters were

opposed to these new terms claiming that the information would not

provide any additional information to emergency responders and would be

very costly to implement. If adopted, commenters requested that RSPA

provide guidance on the definition of these terms. One commenter

suggested that ASTM Test Methods D-664 and D-2896 should be used to

determine if a material is an acid or a base. Comments were received

that supported the use of these terms, and RSPA received numerous

comments supporting international harmonization of transportation

regulations.

RSPA understands the concerns expressed by those commenters that

terms such as ``inorganic'' and ``organic'' provide little useful

information to emergency responders. However, RSPA believes that more

harm and confusion would be caused by adopting different shipping names

for domestic and international transportation for these numerous

generic shipping descriptions than would be caused if these shipping

names were adopted. Therefore, RSPA is adopting, as proposed, and

without domestic exceptions, the generic shipping descriptions bearing

the words ``inorganic'', ``organic'', ``acid'', and/or ``base'' and the

new identification number for liquefied gases. In addition, the

extended transition period being provided in this final rule will give

industry adequate time to revise their shipping papers and package

markings. The following provides some general guidance on the

definition of these terms.

For acids and bases, RSPA believes that the ASTM methods referenced

by commenters would be an acceptable method for determining if a

material is an acid or base. However, RSPA is not requiring persons to

use those methods. For an aqueous solution, the use of pH and litmus

paper is an acceptable method for determining if a material is an acid

or base. For a non-aqueous solution, shippers must use their knowledge

of the constituents of the material and make a determination as to

whether a material is an acid or base. For a material that is neither

an acid nor a base, the correct shipping name will be ``Corrosive

liquid, n.o.s.''. The definition of an ``organic'' is a compound with

carbon atoms bonded to other carbon, nitrogen or hydrogen atoms (e.g.,

amines, acid chlorides, acetic acids, phenols). An ``inorganic'' is any

pure element or any compound that does not have carbon atoms bonded to

other carbon, nitrogen or hydrogen atoms (e.g., sodium hydroxide,

sulfuric acid). Shippers must make a determination, based on the

constituents of their material, if their material is inorganic or

organic.

In the NPRM, RSPA proposed to add three new proper shipping names

to the HMT for samples of non-pressurized gases in Divisions 2.1 and

2.3. In response to the NPRM, one commenter urged RSPA to remove the

proposed entries for gas samples in the HMT. The commenter claimed that

non-pressurized flammable gases are not subject to the HMR and that

including gas samples under the HMR would increase shipping costs and

delay shipments. The commenter also recommended that RSPA adopt

criteria in Sec. 173.115 to limit the definition of Division 2.1 to

gases which exert a pressure of 280 kPa (41 psia) or greater at 20

deg.C (68 deg.F). Alternatively, the commenter recommended that RSPA

add a packaging exception for gas samples in quantities less than two

liters in each receptacle and remove proposed Special Provision 35 and

the non-bulk packaging references to Secs. 173.302 and 173.304 for the

gas sample entries in the HMT.

RSPA disagrees with the commenter's recommendation to remove the

entries for gas samples because these materials are currently regulated

under the HMR. The commenter's understanding of Division 2.1 criteria

is incorrect. Non-pressurized gas samples are presently subject to the

HMR if they meet the hazard class criteria in Sec. 173.115. Division

2.1 or 2.3 materials are not limited to gases which exert a pressure of

at least 280 kPa (41 psi) at 20 deg.C (68 deg.F). RSPA simply is

providing more descriptive proper shipping names for non-pressurized

gas samples. Therefore, RSPA is adopting the gas sample entries as

proposed. In addition, RSPA is retaining the non-bulk packaging

references in the Table for persons who want to ship larger quantities

of gas samples. However, RSPA agrees with the commenter concerning the

need to address gas samples in the exceptions and is removing proposed

Special Provision 35 and revising the provisions in Sec. 173.306 to

specifically address gas samples.

One commenter submitted data indicating that ``Diphenylmethane-

4,4'diisocyanate'' does not meet Division 6.1, Packing Group III

criteria under the HMR. Another commenter verified that ``2-Bromo-2-

nitropropane-1,3-diol'' does not meet the criteria for Division 6.1

under the HMR. The commenter requested that RSPA add an ``I'' in the

first column of the Sec. 172.101 Table for the entry ``2-Bromo-2-

nitropropane-1,3-diol'' to distinguish it from a domestically regulated

hazardous material. RSPA agrees that these materials are not hazardous

materials in domestic transportation. However, to facilitate

international transportation, RSPA is retaining the entries for

Diphenylmethane-4,4'diisocyanate and 2-Bromo-2-nitropropane-1,3-diol

and adding an ``I'' in the first column to indicate that these

materials are regulated in international transportation.

One commenter requested that RSPA remove the poison inhalation

hazard (PIH) designation for ``Allyl isothiocyanate, stabilized''

because the material does not meet the PIH criteria in Sec. 173.133.

Based on supporting data submitted by the commenter, RSPA agrees with

the assessment and is removing the PIH designation for Allyl

isothiocyanate, stabilized, in the HMT.

RSPA received one comment regarding the hazard zone designation for

``Allyl chloroformate.'' The commenter provided information which

indicates that the hazard zone for allyl chloroformate should be Zone B

and not Zone A. RSPA agrees that the hazard zone designation for allyl

chloroformate should be ``Zone B'' and is amending the hazard zone

designation for this material rather than issuing an approval under

Sec. 172.101(l)(2). In addition, data provided by a commenter indicates

that the hazard zone for trichloroacetyl chloride is Zone B, not Zone

A, as previously indicated on the HMT. Therefore, RSPA is modifying

this shipping description to indicate that trichloroacetyl chloride is

a Hazard Zone B PIH material.

One commenter objected to RSPA's proposal to add a proper shipping

name for ``Pentachlorophenols'' classed as Division 6.1, Packing Group

II when an existing entry ``Chlorophenols, solid'' carries a Division

6.1, Packing Group III classification. The commenter contended that the

``Keep Away From Food'' label adequately conveys the nature of hazard

posed by these materials. RSPA added ``Pentachlorophenols'' in the HMT

and designated it as Division 6.1, PG II based on the UN

Recommendations. However, according to Sec. 172.101(c)(12), if it has

been determined that a material meets the definition of a hazard class,

packing group, or hazard zone other than the class, packing group, or

hazard zone shown in association with the proper shipping name, another

shipping description shall be selected that appropriately describes the

material. Therefore, RSPA is adding the entry for Pentachlorophenols as

proposed.

RSPA received several comments requesting that Maneb and Maneb

preparations that do not meet the definition of any hazard class, be

excepted from the HMR when transported by motor vehicle, rail car, or

aircraft. Commenters noted that Special Provision 140 of the UN

Recommendations allows the competent authority to deregulate Maneb. In

addition, the commenters noted that exemption DOT E-11037 allows this

material to be shipped unregulated. RSPA concurs and has added Special

Provision 53 to Maneb (UN2968) which states that Maneb not meeting the

definition of Division 4.3 or any other hazard class is not subject to

the HMR when transported by aircraft, motor vehicle, or rail car.

RSPA received a comment requesting that it add the shipping

description ``Dangerous goods in apparatus/ machinery'' to the HMT. The

commenter stated that this shipping name, which is listed in the ICAO

Technical Instructions but not the UN Recommendations, is very sensible

and will be beneficial to both shippers and carriers alike. RSPA agrees

that this name would be beneficial to the industry but believes that

the packaging provision, for both air and ground transport, should be

subject to appropriate public notice and comment. Therefore, RSPA is

not adopting, in this rule, this commenter's suggestion to add the

shipping name ``Dangerous goods in apparatus/machinery'' to the HMT.

However, shipments described and prepared in accordance with the ICAO

Technical Instructions and Sec. 171.11 may be transported domestically

by aircraft and by motor vehicle either before or after being

transported by aircraft.

One commenter suggested that RSPA incorporate an IM tank

authorization into the HMR for 2-Ethyhexyl-

chloroformate equivalent to the tank authorization under the IMDG Code

and under an approval (SA-9407006) issued by OHMS. RSPA is adding

Special Provision T12 in Column 7 of the HMT for 2-

Ethyhexylchloroformate which eliminates the need for an approval.

In the NPRM, RSPA proposed to add subsidiary labeling requirements

for Class 2 materials. As a result, subsidiary labels were added in

Column 6 of the HMT for Class 2 materials, including Chlorine, meeting

more than one hazard class. RSPA proposed to add Corrosive and Oxidizer

subsidiary labels for Chlorine. One commenter contended that the yellow

Oxidizer label is more visible than the black and white Poison gas

label and may cause confusion in determining the primary hazard. RSPA

has determined that the Corrosive subsidiary label is necessary because

of the material's effects on skin tissue; however, RSPA is removing the

Oxidizer subsidiary label for Chlorine because it is unnecessary.

One commenter objected to the proposal to change the order of the

descriptive words in the basic shipping description to coincide with

the precedence of hazards. The commenter cited limited safety benefit

and high costs as reasons not to adopt the proposed changes. Though

RSPA agrees that these changes have limited safety benefit, RSPA

believes that adoption of a domestic-only name for these descriptions

is not justified. In addition, most of the costs the commenter cited

should be ameliorated by the lengthy transition period being provided.

RSPA proposed to add new entries for solid materials containing

flammable, corrosive, or toxic liquids in the NPRM. One commenter

requested clarification on whether these new entries included solid

materials that were previously not regulated. The commenter stated that

RSPA's intent was not adequately clarified in the special provisions

designated for the materials. Another commenter requested clarification

of the phrase ``packaging must correspond to a design type that has

passed a leakproof test at the Packing Group II level'' in Special

Provisions 47, 48, and 49.

RSPA is adding the entries for solid materials containing

flammable, corrosive, or toxic liquids in this rule to provide shippers

with additional generic entries to describe solids that contain liquids

that are either flammable, corrosive, or toxic (e.g., soil contaminated

with toxic material from an underground storage tank) and have not been

tested to verify the hazard class. However, if free liquid is present

at the time the material is loaded, these shipping descriptions may not

be used. The new entries are not intended to regulate non-hazardous

materials (i.e., those materials that do not meet any hazard class

definition). The phrase regarding the leakproof test is intended to

have these materials transported in a packaging whose ``design type''

has been leakproof tested. Therefore, only the design, not every

packaging, need be subjected to the leakproof test.

One commenter objected to RSPA's proposed amendment to require a

CORROSIVE subsidiary label in addition to a POISON GAS primary label on

packages containing dry sulfur dioxide. The commenter stated that the

material is not corrosive to carbon or stainless steel, and the

commenter expressed concern that addition of a CORROSIVE label will

require more frequent cargo tank inspections under Sec. 180.407.

In the context of Sec. 180.407, corrosive lading means that a

material has a corrosive effect on a cargo tank. It is the shipper's

responsibility to determine whether a material is corrosive to the

material of construction of a cargo tank. Because of the corrosive

effects dry sulfur dioxide has on skin tissue, RSPA is adopting the

Class 8 subsidiary label as proposed.

RSPA received several comments requesting new bulk packagings for

chlorosulfonic acid, dimethyl sulfate, and titanium tetrachloride. RSPA

is not accepting these comments because they are beyond the scope of

this rulemaking.

RSPA is making several changes to the IBC authorizations in the HMT

based on petitions for reconsideration received to Docket HM-181E. RSPA

will handle all other petitions received to Docket HM-181E in a future

Federal Register publication. The following materials will be allowed,

through a revised Special Provision B110, to be transported in IBCs

authorized in Sec. 173.242(d): UN2030, UN2014, U3149, UN2078, UN1790,

UN2076, UN2022. In addition, Special Provision B100, which does not

allow the use of IBCs, is removed from ``Chloropicrin mixtures, n.o.s,

6.1, UN1583, Packing Group III''. Special Provision B53 also is revised

to indicate that it does not apply to IBCs.

The following tables identify those entries that are: (1) Deleted;

(2) significantly changed; or (3) added. An entry is considered

significantly changed if there is a change in (1) the shipping name,

(2) IM tank authorization, (3) subsidiary labeling, (4) classification,

or (5) packaging. Each entry is identified by its identification number

which, along with the cross-reference table appearing in the HMR prior

to the HMT, can be used to identify the affected entries. Unless

otherwise indicated, the identification numbers are ``UN'' numbers:

List of Entries Deleted From the Sec. 172.101 Table

----------------------------------------------------------------------------------------------------------------

NA1086................. 0416 **1270 1705 2497 3030-3043

NA2255*................ .............. .............. .............. .............. .......................

NA2810*................ 1118 1271 1864 2553 NA9259*

NA2811*................ 1255 1584 2207 2860 NA9276*

0273................... 1256 1592 2229 2951-2955 .......................

0274................... 1257 1703 2449 2970-2973 .......................

----------------------------------------------------------------------------------------------------------------

*See new entry added by the UN recommendations.

**See new NA number (NA1270).

List of Entries Significantly Changed

--------------------------------------------------------------------------------------------------------------------------------------------------------

NA1760.................................. 1322 1474 1731 2006 2379 2534 2818

NA1986.................................. 1325 1475 1740 2022 2382 2557 2821

NA2922.................................. 1328 1477 1747 2029-2030 2383 2564 2823

1030.................................... .............. .............. .............. .............. .............. .............. ..............

1106.................................... 1334 1481 1750 2047 2386 2571 2826

1125.................................... 1336 1482 1751 2051 2389 2583 2834

1135.................................... 1337 1483 1752 2076 2399 2584 2837

1143.................................... 1344 1489 1755 2189 2401 2585 2841

1154.................................... 1348 1502 1757 2194 2407 2586 2845

1158.................................... 1349 1506 1761 2195 2417 2604 2846

1160.................................... 1350 1508 1773 2196 2418 2606 2857

1162.................................... 1353 1511 1783 2198 2420 2610 2869

1167.................................... 1354 1517 1787 2206 2421 2616 2874

1198.................................... 1355 1549 1788 2209 2427 2619 2881

1202.................................... 1356 1564 1789 2211 2428 2626 2904-2905

1210.................................... 1357 1566 1809 2218 2429 2670 2921-2930

1214.................................... 1361 1570 1811 2219 2430 2677 2938

1221.................................... 1364 1588 1814 2232 2438 2679 2945-2946

1228.................................... 1373 1589 1816 2242 2445 2681 2965

1235.................................... 1378 1590 1819 2251 2461 2684 2985-2988

1265.................................... 1395 1599 1824 2257 2478 2693 2991-3021

1268.................................... 1402 1601 1888 2258 2482 2733 3024-3027

1274.................................... 1408 1602 1908 2260 2484 2734 3049-3050

1277.................................... 1409 1605 1922 2264 2485 2735 3065-3066

1282.................................... 1415 1613 1952 2267 2495 2741 3071

1289.................................... 1418 1614 1953 2270 2501 2742 3079

1296.................................... 1420 1648 1954 2276 2502 2757-2787 3084

1297.................................... 1428 1660 1955 2332 2517 2789 3086-3088

1298.................................... 1454 1708 1956 2337 2521 2796 3094

1308.................................... 1455 1715 1975 2343 2526 2801 3096

1310.................................... 1458 1719 1986 2351 2529 2810 3098-3100

1320.................................... 1459 1722 1988 2359 2530 2813 3119-3150

1321.................................... 1462 1724 1992 2361 2533 2817 1717

--------------------------------------------------------------------------------------------------------------------------------------------------------

List of Additions to the Sec. 172.101 Table

------------------------------------------------------------------------

UN # Shipping name

------------------------------------------------------------------------

0491. CHARGES, PROPELLING.

0492. SIGNALS, RAILWAY TRACK, EXPLOSIVE.

0493. SIGNALS, RAILWAY TRACK, EXPLOSIVE.

0494. JET PERFORATING GUNS, CHARGED, oil well, without detonator.

0495. PROPELLANT, LIQUID.

0496. OCTONAL.

0497. PROPELLANT, LIQUID.

0498. PROPELLANT, SOLID.

0499. PROPELLANT, SOLID.

1851. MEDICINE, LIQUID, TOXIC, N.O.S.

1990. BENZALDEHYDE.

3155. PENTACHLOROPHENOL.

3156. COMPRESSED GAS, OXIDIZING, N.O.S.

3157. LIQUEFIED GAS, OXIDIZING, N.O.S.

3158. GAS, REFRIGERATED LIQUID, N.O.S.

3159. 1,1,1,2-TETRAFLUOROETHANE.

3160. LIQUEFIED GAS, TOXIC, FLAMMABLE, N.O.S.

3161. LIQUEFIED GAS, FLAMMABLE, N.O.S.

3162. LIQUEFIED GAS, TOXIC, N.O.S.

3163. LIQUEFIED GAS, N.O.S.

3164. ARTICLES, PRESSURIZED PNEUMATIC or HYDRAULIC (containing non-

flammable gas).

3166. ENGINES, INTERNAL COMBUSTION, including when fitted in machinery

or vehicles.

3167. GAS SAMPLE, NON-PRESSURIZED, FLAMMABLE, N.O.S., not refrigerated

liquid.

3168. GAS SAMPLE, NON-PRESSURIZED, TOXIC, FLAMMABLE, N.O.S., not

refrigerated liquid.

3169. GAS SAMPLE, NON-PRESSURIZED, TOXIC, N.O.S., not refrigerated

liquid.

3170. ALUMINIUM PROCESSING BY-PRODUCTS.

3171. BATTERY-POWERED VEHICLE or BATTERY-POWERED EQUIPMENT (wet

battery).

3174. TITANIUM DISULPHIDE.

3175. SOLIDS CONTAINING FLAMMABLE LIQUID, N.O.S.

3176. FLAMMABLE SOLID, ORGANIC, MOLTEN, N.O.S.

3178. FLAMMABLE SOLID, INORGANIC, N.O.S.

3179. FLAMMABLE SOLID, TOXIC, INORGANIC, N.O.S.

3180. FLAMMABLE SOLID, CORROSIVE, INORGANIC, N.O.S.

3181. METAL SALTS OF ORGANIC COMPOUNDS, FLAMMABLE, N.O.S.

3182. METAL HYDRIDES, FLAMMABLE, N.O.S.

3183. SELF-HEATING LIQUID, ORGANIC, N.O.S.

3184. SELF-HEATING LIQUID, TOXIC, ORGANIC, N.O.S.

3185. SELF-HEATING LIQUID, CORROSIVE, ORGANIC, N.O.S.

3186. SELF-HEATING LIQUID, INORGANIC, N.O.S.

3187. SELF-HEATING LIQUID, TOXIC, INORGANIC, N.O.S.

3188. SELF-HEATING LIQUID, CORROSIVE, INORGANIC, N.O.S.

3189. METAL POWDER, SELF-HEATING, N.O.S.

3190. SELF-HEATING SOLID, INORGANIC, N.O.S.

3191. SELF-HEATING SOLID, TOXIC, INORGANIC, N.O.S.

3192. SELF-HEATING SOLID, CORROSIVE, INORGANIC, N.O.S.

3194. PYROPHORIC LIQUID, INORGANIC, N.O.S.

3200. PYROPHORIC SOLID, INORGANIC, N.O.S.

3203. PYROPHORIC ORGANOMETALLIC COMPOUND, N.O.S.

3205. ALKALINE EARTH METAL ALCOHOLATES, N.O.S.

3206. ALKALI METAL ALCOHOLATES, SELF-HEATING, CORROSIVE, N.O.S.

3207. ORGANOMETALLIC COMPOUND or COMPOUND SOLUTION or COMPOUND

DISPERSION, WATER-REACTIVE, FLAMMABLE, N.O.S.

3208. METALLIC SUBSTANCE, WATER-REACTIVE, N.O.S.

3209. METALLIC SUBSTANCE, WATER-REACTIVE, SELF-HEATING, N.O.S.

3210. CHLORATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

3211. PERCHLORATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

3212. HYPOCHLORITES, INORGANIC, N.O.S.

3213. BROMATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

3214. PERMANGANATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

3215. PERSULPHATES, INORGANIC, N.O.S.

3216. PERSULPHATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

3217. PERCARBONATES, INORGANIC, N.O.S.

3218. NITRATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

3219. NITRITES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

3220. PENTAFLUOROETHANE.

3221. SELF-REACTIVE LIQUID TYPE B.

3222. SELF-REACTIVE SOLID TYPE B.

3223. SELF-REACTIVE LIQUID TYPE C.

3224. SELF-REACTIVE SOLID TYPE C.

3225. SELF-REACTIVE LIQUID TYPE D.

3226. SELF-REACTIVE SOLID TYPE D.

3227. SELF-REACTIVE LIQUID TYPE E.

3228. SELF-REACTIVE SOLID TYPE E.

3229. SELF-REACTIVE LIQUID TYPE F.

3230. SELF-REACTIVE SOLID TYPE F.

3231. SELF-REACTIVE LIQUID TYPE B, TEMPERATURE CONTROLLED.

3232. SELF-REACTIVE SOLID TYPE B, TEMPERATURE CONTROLLED.

3233. SELF-REACTIVE LIQUID TYPE C, TEMPERATURE CONTROLLED.

3234. SELF-REACTIVE SOLID TYPE C, TEMPERATURE CONTROLLED.

3235. SELF-REACTIVE LIQUID TYPE D, TEMPERATURE CONTROLLED.

3236. SELF-REACTIVE SOLID TYPE D, TEMPERATURE CONTROLLED.

3237. SELF-REACTIVE LIQUID TYPE E, TEMPERATURE CONTROLLED.

3238. SELF-REACTIVE SOLID TYPE E, TEMPERATURE CONTROLLED.

3239. SELF-REACTIVE LIQUID TYPE F, TEMPERATURE CONTROLLED.

3240. SELF-REACTIVE SOLID TYPE F, TEMPERATURE CONTROLLED.

3241. 2-BROMO-2-NITROPROPANE-1,3-DIOL.

3242. AZODICARBONAMIDE.

3243. SOLIDS CONTAINING TOXIC LIQUID, N.O.S.

3244. SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S.

3246. METHANESULPHONYL CHLORIDE.

3247. SODIUM PEROXOBORATE, ANHYDROUS.

3248. MEDICINE, LIQUID, FLAMMABLE, TOXIC, N.O.S.

3249. MEDICINE, SOLID, TOXIC, N.O.S.

3250. CHLOROACETIC ACID, MOLTEN.

3251. ISOSORBIDE-5-MONONITRATE.

3252. DIFLUOROMETHANE.

3253. DISODIUM TRIOXOSILICATE, PENTAHYDRATE.

3254. TRIBUTYLPHOSPHANE.

3255. tert-BUTYL HYPOCHLORITE.

3256. ELEVATED TEMPERATURE LIQUID, N.O.S. with flash point above 37.8

deg.C, at or above its flash point.

3257. ELEVATED TEMPERATURE LIQUID, N.O.S., at or above 100 deg.C and

below its flash point.

3258. ELEVATED TEMPERATURE SOLID, N.O.S., at or above 240 deg.C.

3259. AMINES, SOLID, CORROSIVE, N.O.S. or POLYAMINES, SOLID, CORROSIVE,

N.O.S.

3260. CORROSIVE SOLID, ACIDIC, INORGANIC, N.O.S.

3261. CORROSIVE, SOLID, ACIDIC, ORGANIC, N.O.S.

3262. CORROSIVE, SOLID, BASIC, INORGANIC, N.O.S.

3263. CORROSIVE, SOLID, BASIC, ORGANIC, N.O.S.

3264. CORROSIVE, LIQUID, ACIDIC, INORGANIC, N.O.S.

3265. CORROSIVE, LIQUID, ACIDIC, ORGANIC, N.O.S.

3266. CORROSIVE, LIQUID, BASIC, INORGANIC, N.O.S.

3267. CORROSIVE, LIQUID, BASIC, ORGANIC, N.O.S.

3268. AIR BAG INFLATORS or AIR BAG MODULES or SEAT-BELT PRE-TENSIONERS

or SEAT-BELT MODULES.

3269. POLYESTER RESIN KIT.

3270. NITROCELLULOSE MEBRANE FILTERS.

3271. ETHERS, N.O.S.

3272. ESTERS, N.O.S.

3273. NITRILES, FLAMMABLE, TOXIC, N.O.S.

3274. ALCOHOLATES SOLUTION, N.O.S., in alcohol.

3275. NITRILES, TOXIC, FLAMMABLE, N.O.S.

3276. NITRILES, TOXIC, N.O.S.

3277. CHLOROFORMATES, TOXIC, CORROSIVE, N.O.S.

3278. ORGANOPHOSPHORUS COMPOUND, TOXIC N.O.S.

3279. ORGANOPHOSPHORUS COMPOUND, TOXIC, FLAMMABLE, N.O.S.

3280. ORGANOARSENIC COMPOUND, N.O.S.

3281. METAL CARBONYLS, N.O.S.

3282. ORGANOMETALLIC COMPOUND, TOXIC N.O.S.

3283. SELENIUM COMPOUND, N.O.S.

3284. TELLURIUM COMPOUND, N.O.S.

3285. VANADIUM COMPOUND, N.O.S.

3286. FLAMMABLE LIQUID, TOXIC, CORROSIVE, N.O.S.

3287. TOXIC LIQUID, INORGANIC, N.O.S.

3288. TOXIC SOLID, INORGANIC, N.O.S.

3289. TOXIC LIQUID, CORROSIVE, INORGANIC, N.O.S.

3290. TOXIC SOLID, CORROSIVE, INORGANIC, N.O.S.

3292. BATTERIES, CONTAINING SODIUM, or CELLS, CONTAINING SODIUM.

3293. HYDRAZINE,AQUEOUS SOLUTION with not more than 37% hydrazine, by

mass.

3294. HYDROGEN CYANIDE, SOLUTION IN ALCOHOL with not more than 45%

hydrogen cyanide.

3295. HYDROCARBONS, LIQUID, N.O.S.

3296. HEPTAFLUOROPROPANE.

3297. ETHYLENE OXIDE AND CHLOROTETRAFLUOROETHANE MIXTURE with not more

than 8.8% ethylene oxide.

3298. ETHYLENE OXIDE AND PENTAFLUOROETHANE MIXTURE with not more than

7.9% ethylene oxide.

3299. ETHYLENE OXIDE AND TETRAFLUOROETHANE MIXTURE with not more than

5.6% ethylene oxide.

3300. ETHYLENE OXIDE AND CARBON DIOXIDE MIXTURE with more than 87%

ethylene oxide.

3301. CORROSIVE LIQUID, SELF-HEATING, N.O.S.

------------------------------------------------------------------------

Appendix B to Sec. 172.101. In the NPRM, RSPA proposed the addition

of two notes which are consistent with recent IMO decisions. The first,

Note 4, allows a material meeting criteria for a marine pollutant in

the IMDG Code but not listed in Appendix B of Sec. 172.101, to be

transported as a marine pollutant. Note 5 allows the Associate

Administrator for Hazardous Materials Safety to except from HMR

requirements a material listed in Appendix B of the HMR that does not

meet the IMDG Code criteria for a marine pollutant. In addition, RSPA

proposed to amend the HMR's List of Marine Pollutants by adding or

removing a number of materials. Commenters to these proposals generally

supported the proposed changes. One commenter questioned the addition

of Notes 4 and 5. However, the majority of commenters addressing these

proposed changes supported the addition of these notes. RSPA is

adopting these notes for consistency with IMDG Code provisions. Note 4

is consistent with the 27th Amendment to the IMDG Code, which allows

the use of criteria for designating marine pollutants. Note 5 provides

flexibility so that if a substance does not meet the IMDG Code criteria

for a marine pollutant the Associate Administrator may except it from

the HMR marine pollutant requirements.

Other commenters thought it more appropriate to address these

proposals under Docket HM-211; Marine Pollutants. RSPA disagrees;

handling marine pollutant issues in Docket HM-215A will facilitate the

harmonization of the HMR with the IMDG Code in conjunction with the

January 1, 1995 implementation date for the 27th Amendment to that

Code.

Section 172.102. Special Provisions 24, 26, 32, 34-37, 39, 40, 43-

52 and 54 are added to Sec. 172.102, Special Provisions 16, 23, B53,

and B110 are revised, and Special Provisions 25, 41, and A33 are

removed. These special provisions relate to certain materials'

classifications and any special packaging requirements that are

necessary to safely transport these materials.

Section 172.203. One commenter addressing proposed changes to the

marine pollutant provisions requested relief from certain shipping

paper requirements for specific hydrocarbon compounds which fall under

the requirements of 49 CFR Part 130, which prescribes prevention and

response requirements for the transportation of oil. This commenter

believed that petroleum products subject to Part 130 should be exempt

from the requirement in Sec. 172.203(l) to indicate on a shipping paper

that the material is also a marine pollutant. RSPA partially agrees

with the commenter that hazardous materials that are subject to 49 CFR

Part 130 should not be subject to the marine pollutant shipping paper

requirements of Sec. 172.203(l)(2). Therefore, RSPA is revising

Sec. 172.203(l)(2) to except petroleum products that are subject to the

provisions of 49 CFR Part 130 when transported in bulk by road or rail.

A new paragraph (o) is added to require additional information to

be included in the shipping paper description for organic peroxides and

self-reactive materials. In addition, paragraphs (k) and (m) are

revised based on changes to the HMT. In paragraph (k), the list of

shipping names requiring technical names is revised based on changes to

the HMT. In paragraph (m), the reference to ``Poison'' is modified to

include an alternative reference to ``Toxic.''

Section 172.204. RSPA proposed to amend the certification statement

in paragraph (a)(2) by adding ``placarded'' as a condition for

declaring a shipment to be properly prepared for transportation. The

intent of this proposed change is to provide consistency with

international declarations and enable one shipper certification

statement to be used for both domestic and export shipments so that

different preprinted forms are not needed. Commenters supported this

proposed change for certifying an international shipment, but were

divided as to whether it is appropriate for domestic transportation.

Several commenters suggested that paragraph (a)(1) be deleted because

it is no longer required. Other commenters believed that paragraph

(a)(1) should be retained for domestic purposes without the addition of

``placarded'' to the certification. According to these commenters,

certifying that a shipment has been properly placarded is inconsistent

with the provisions in Sec. 172.506 that a shipper must offer and a

carrier must affix the required placards for transportation by highway.

RSPA believes that the addition of ``placarded'' in the certification

would not apply to shipments for which the offeror has no control over

affixing placards. However, in this rule, RSPA is retaining paragraph

(a)(1) for domestic purposes and is adopting paragraph (a)(2) as

proposed for use in either domestic or international transportation. In

addition, paragraph (a)(2) is amended by removing the provision to

indicate the mode of transportation in the shipper's certification.

This revision is consistent with the multimodal approach adopted in the

UN Recommendations, ICAO and IMDG Code.

Section 172.320. Section 172.320 is adopted as proposed to

authorize all product codes that are traceable to an ``EX-number'' to

be marked on boxes of explosives in lieu of the EX number.

Section 172.325. The identification number ``9259'' shown in the

HOT marking illustration in paragraph (c) is revised to read ``3257''

to reflect the new UN number assigned to ``Elevated temperature

material, liquid, n.o.s.''

Section 172.400a. A new paragraph (c) is adopted as proposed to

state that a subsidiary POISON label is not required on a package

bearing a primary CORROSIVE label if the poison hazard of the material

inside is based solely on corrosive destruction of tissue and is not

due to systemic poisoning. In addition, based on the merit of comments,

RSPA is adding a new paragraph (d) to allow the use of a POISON label

in place of a KEEP AWAY FROM FOOD label for domestic transportation of

Division 6.1 PG III materials.

Section 172.402. Paragraph (a)(2) is adopted as proposed to

incorporate certain subsidiary labeling provisions in the subsidiary

labeling table in paragraph (a)(2). These provisions require subsidiary

hazard labeling for Class 8 Packing Group III materials and Class 3

Packing Group III materials except for Class 3 Packing Group III

materials having a flash point at or above 38 deg.C (100 deg.F) when

transported by highway or rail. In addition, paragraph (a)(1) is

revised to clarify that if Column 6 of the Sec. 172.101 Table indicates

a subsidiary label for which there is an exception in paragraph (a)(2)

of Sec. 172.402, the exception applies. This revision is based on the

merit of comments urging consistency in subsidiary labeling provisions.

In the NPRM, RSPA discussed a change adopted in the eighth revised

edition of the UN Recommendations which removed the STOW AWAY FROM

FOODSTUFFS label and placard and replaced them with the POISON label

and placard for materials having either a primary or secondary hazard

in Division 6.1 Packing Group III. As noted previously, RSPA is

addressing this issue in a rulemaking action under Docket HM-217;

however, RSPA believes that a package containing a material meeting

Division 6.1 Packing Group III criteria as either a primary or

subsidiary hazard should bear a label which communicates a warning that

the material must be kept separate from foodstuffs when transported

domestically by any mode. This was discussed in the preamble of the

notice, and the proposed changes to the Sec. 172.101 Table included the

addition of a KEEP AWAY FROM FOOD label in Column 6 for each affected

entry. However, RSPA inadvertently neglected, in the Sec. 172.402(a)(2)

proposed regulatory text changes, to remove the ``N'' at the

intersection of row ``III'' and column ``6.1'' and replace it with an

``X''. Commenters on this issue opposed any required domestic labeling

of materials having a subsidiary hazard of Division 6.1 Packing Group

III. Both HMAC and the Conference on Safe Transportation of Hazardous

Articles (COSTHA) stated that any proposed changes should be deferred

for consideration under Docket HM-217. In addition, COSTHA noted

potential changes to UN toxicity classification criteria and claimed

that adopting harmonized toxicity criteria will decrease the number of

liquids in Division 6.1 Packing Group III. COSTHA encouraged RSPA not

to revise provisions for the labeling and placarding of Division 6.1

Packing Group III materials until the UN and DOT have completed

harmonization efforts.

The preamble section review in the NPRM clearly expressed RSPA's

intent to revise Sec. 172.402(a)(2) to replace the ``N'' with an ``X''

(which would have the effect of requiring subsidiary labeling for

materials having a Division 6.1 Packing Group III subsidiary hazard).

RSPA believes that materials having a primary or secondary hazard of

Division 6.1 PG III pose a risk not only of food contamination, but

also dermal and inhalation hazards sufficient to warrant hazard

communication. Therefore, RSPA is adopting the requirement for

subsidiary hazard labeling for Division 6.1 Packing Group III materials

when transported in any mode.

Also, new subsidiary labeling requirements for Class 2 materials

are added as paragraphs (f) and (g). Several commenters requested

clarification of proposed paragraph (f) regarding a Division 2.2

material that meets the definition of an oxidizer. RSPA is clarifying

in this final rule that a Division 2.2 material may meet the definition

of an oxidizing gas, as defined in Sec. 171.8.

Section 172.411. A requirement specifying a minimum height for the

compatibility group letter on certain EXPLOSIVE labels is removed.

Section 172.416. Section 172.416 is revised to allow the use of the

words ``TOXIC GAS'' on the POISON GAS label.

Section 172.430. Section 172.430 is revised to allow the use of the

word ``TOXIC'' on the POISON label.

Section 172.540. Section 172.540 is revised to allow the use of the

words ``TOXIC GAS'' on the POISON GAS placard.

Section 172.547. Section 172.547 is revised to reduce the size

requirement for the word ``spontaneously'' in the ``SPONTANEOUSLY

COMBUSTIBLE'' placard from 25 mm to 12 mm.

Section 172.554. Section 172.554 is revised to allow the use of the

word ``TOXIC'' on the POISON placard.

Part 173

Section 173.2a. Consistent with the UN Recommendations, the

Precedence of Hazards Table is adopted as proposed to account for

combinations of Division 4.2 and Class 8 materials which currently are

denoted as impossible combinations. In addition, two new notes are

added at the end of the paragraph (b) table. Note 1 specifies that, for

materials having multiple risks which are not listed by technical name

in the Sec. 172.101 Table, the most stringent packaging group must be

used. Note 2 is added to specify the class assignment for a material

which meets the definition of Class 8 and has an inhalation toxicity by

dusts and mists at the Packing Group I level.

Section 173.21. A revised reference to the Sec. 173.224 self-

reactive materials table is adopted as proposed to reflect changes to

the table.

Section 173.22. Revised paragraph (a)(3)(i) is adopted as proposed

to indicate that the marking appearing on the bottom of a metal or

plastic drum in accordance with Sec. 178.503 is not an acceptable means

of determining if the drum is an authorized packaging. Paragraph (a)(2)

is revised to recognize packagings manufactured outside the U.S. as

provided in Sec. 173.24(d)(2), and paragraph (a)(4) is revised to limit

notification provisions to packagings manufactured in the U.S.

Section 173.24. Paragraph (d) is adopted as proposed to specify the

conditions under which foreign-manufactured packagings may be used. The

revision stipulates the conditions under which foreign-manufactured UN

packagings may be filled and used in the U.S. Only packagings from

countries affording the same degree of acceptance to U.S.-manufactured

packagings may be used. Several commenters did not realize that this

proposed revision applies to empty packagings being imported into the

U.S. for filling. They thought that the proposal applied to packagings

already filled with a hazardous material before being imported into the

U.S. Provisions concerning the import of filled packagings are

contained in Secs. 171.11, 171.12, and 171.12a and are not amended in

this final rule. Other commenters expressed concern as to the ability

of U.S. shippers to determine which countries recognize U.S.

packagings. Two commenters suggested that RSPA periodically publish a

notice in the Federal Register, listing those countries that do not

recognize U.S. manufactured UN standard packagings. Several commenters

objected to the issue of reciprocity being addressed in a rulemaking

action, claiming this is a political issue. One alternative suggested

by commenters is to consider and resolve such issues at the UN or by

the competent authorities of the countries involved. RSPA agrees that

every effort should be made by the competent authority of each country

involved to resolve reciprocity issues. RSPA would only resort to

declaring a country as not providing reciprocal treatment for UN

standard packaging manufactured in the U.S. in a Federal Register

notice after exhausting attempts to resolve differences through

negotiation.

In addition, revised paragraph (e)(4)(ii) is adopted as proposed to

prohibit hazardous materials from being packed or mixed with other

hazardous or nonhazardous materials in the same outer packaging if such

materials are capable of reacting with each other and causing the

evolution of ``asphyxiant gases.''

Section 173.25. Paragraph (a) is adopted as proposed to refer to

the definition of ``Overpack'' in Sec. 171.8, which also is amended to

provide examples of suitable overpacks. Commenters generally supported

the proposed revision; however, based on several comments, there

appears to be confusion regarding the current provisions for overpacks,

specifically concerning the marking, labeling and use of shrink- or

stretch-wrapped pallets. Currently, shrinkwrap is considered an

overpack when consolidating packages on a pallet. The overpack must be

marked and labeled for each hazardous material contained therein unless

markings and labels representative of each hazardous material are

visible. If packages are stacked and banded on a pallet, the packages

should be positioned, when possible, so that the markings and labels

are visible on the outside of the stack.

Paragraph (b) is added as proposed to authorize shrink-wrapped or

stretch-wrapped trays as outer packagings for inner packagings prepared

under limited quantity or consumer commodity provisions if the

completed package is capable of meeting the Packing Group III

performance level and the gross weight of the package does not exceed

20 kg. This proposal generated opposition from carriers, who claimed

that shrink wrap as an outer packaging does not provide adequate

protection from the rigors of transportation and should not be

authorized. However, at least one of these commenters was referring to

a shrink-wrapped pallet rather than a package limited to 20 kg (44

pounds) gross weight. On the other hand, commenters such as COSTHA

strongly supported this proposal, but requested that RSPA maintain

consistency with the UN Recommendations by authorizing the use of

shrink-wrapped or stretch-wrapped trays as outer packagings without

imposing a requirement that these completed packagings be capable of

passing Packing Group III performance tests.

Section 173.28. RSPA is not adopting a proposed revision to

paragraph (b)(1), based on the merit of a comment suggesting the

sentence duplicates the provisions of Sec. 173.24(d) and should only

apply to the reuse of packagings required to meet performance

standards, not to the reuse of all packagings. The Association of

Container Reconditioners (ACR) urged RSPA to revise the footnote to the

table in paragraph (b)(4), to restore the minimum thicknesses to what

was required when the final rule was published on December 21, 1990.

ACR pointed out that in corrections and amendments made in 1991, the

footnote to the table in paragraph (b)(4) had been revised to allow

reuse of metal drums with a minimum wall thickness of 0.8 mm and

minimum head thickness of 1.1 mm. ACR asked that the note be revised to

reference minimum thicknesses of 0.82 mm and 1.09 mm. Since these

changes were not proposed in the NPRM, RSPA is not revising the minimum

thicknesses at this time; however, the number ``0'' has been added

after the last digit in each instance for clarity.

A commenter expressed confusion over the requirement for the

nominal or minimum thickness to be permanently marked on a packaging

that is to be reused. The commenter stated that it appeared that the

marking could be either the nominal or minimum thickness. Paragraph

(b)(4) has been revised to clarify that the nominal thickness is marked

on metal packagings, and the minimum thickness must be marked on

plastic packagings which are to be reused.

New paragraph (b)(7) is added to waive requirements for leaktesting

prior to each reuse to certain packagings used in limited operations.

The NPRM proposed to waive retesting requirements for stainless steel,

monel, or nickel drums, which are constructed with a thickness at least

one and one half times the minimum required by Sec. 173.28(b)(4), and

which are refilled with the same or similar compatible contents and

transported by a private carrier, contract carrier, or common carrier

in a transport vehicle or freight container used exclusively for such

service, within a distribution chain controlled by the offeror.

Commenters overwhelmingly supported RSPA's proposed paragraph

(b)(7). Numerous commenters suggested that RSPA extended the provisions

of paragraph (b)(7) to plastic drums in addition to stainless steel,

monel, and nickel drums. The commenters cited the high costs that would

be incurred by plastic drum users if leak testing were required prior

to each use. Many commenters stated that the leak test itself could

cause damage to plastic drums over time, due to the bulging of the

packaging caused by internal pressure. Commenters asked that RSPA

revise paragraph (b)(7) to be more consistent with the UN

Recommendations, which require leak testing for plastic drums only

after reconditioning.

RSPA recognizes that the UN Recommendations do not require a

packaging to be leakproofness tested before it is reused for transport,

but only after it is reconditioned. However, RSPA notes that the UN

Recommendations, at section 9.6.7.2., limit the period of use for

plastic drums and jerricans to five years from the date of manufacture.

The HMR do not currently place a limit on the period of use for plastic

drums. RSPA believes that under certain controlled conditions, plastic

drums can be used safely without leak testing prior to each reuse.

Upon further consideration of the leakproofness testing

requirements for plastic drums, RSPA has determined that the types of

damage to plastic drums caused by normal transportation stresses

include puncture, abrasion of plastic material, and loose or damaged

closures. RSPA believes that these types of damage can be detected by a

thorough visual examination by a person who is qualified to identify

such damage. RSPA also believes that damage to plastic drums from

abrasion, puncture, and damaged fittings can be minimized with careful

handling. For that reason, RSPA believes that plastic drums used in

distribution chains controlled by the offeror can be used safely

without leak testing prior to each reuse. However, damage caused by

incompatibility of the product being shipped with the plastic of the

drum would not be detected through an external visual examination.

Because such damage can happen and worsen over time, RSPA believes that

after five years of use, a plastic drum should be subjected to a leak

test prior to each reuse for the shipment of liquid hazardous

materials.

New paragraph Sec. 173.28(b)(7) authorizes the reuse, without leak

testing, of certain drums including those constructed of stainless

steel, monel, nickel, and plastic. In order to ensure an appropriate

level of safety, when stainless steel, monel, or nickel drums are

reused without undergoing leakproofness testing, they are required to

meet more stringent thickness standards than prescribed in paragraph

(b)(4). Plastic drums may be reused without undergoing leakproofness

testing only for five years from the date of manufacture, consistent

with the UN Recommendations. After five years from the date of

manufacture, such drums could continue to be used only if leakproofness

tested prior to each reuse. Metal and plastic drums can only be reused

without leak testing when refilled with the same or similar contents,

and transported by a private carrier, contract carrier, or common

carrier in a transport vehicle or freight container used exclusively

for such service, within a distribution chain controlled by the

offeror. As proposed in the NPRM, other packagings could qualify only

if approved by the Associate Administrator for Hazardous Materials

Safety. In any case, a packaging which, upon visual examination, shows

evidence of a reduction in integrity must be reconditioned and, if

applicable, leak tested, before being reused.

RSPA does not agree with commenters who suggested that the waiver

of leak testing requirements be extended to metal drums other than

those made from stainless steel, monel, and nickel. Transportation

stresses typically can cause leakage, from the chime seams of these

drums, that is most appropriately detected through the performance of a

leakproofness test.

In addition, paragraph (c)(1)(i) is revised to clarify that only

external coatings must be removed when reconditioning metal drums.

Section 173.33. Paragraph (c)(5) is amended as proposed to limit

the provisions of the paragraph to materials in Packing Groups I and II

of Division 6.1.

Section 173.52. The descriptions of Compatibility Group B is

revised to clarify that detonators and similar articles are included

within this description even if they do not contain primary explosives.

In addition, in the descriptions for Compatibility Groups E and F, the

word ``gel'' is added to clarify that articles with a propelling charge

containing gel may not be classified in Compatibility Group E or F.

Section 173.59. The definitions ``powder, smokeless,''

``propellants,'' and ``charges, propelling'' are revised and

definitions for ``charges, propelling, for cannon,'' ``propellent,

liquid,'' and ``propellant, solid'' are added.

Section 173.60. Paragraph (b)(15) is added to require all plastic

packagings to be static-resistant.

Section 173.62. The Explosives Table is amended to add new

descriptions for Class 1 materials. In addition, the packing method for

UN0075 and UN0143 is revised to E-159. The Table of Packing Methods is

editorially revised to change the reference to steel and aluminum boxes

from 4A1 or 4A2 to 4A and 4B1 or 4B2 to 4B. Several packing methods are

revised by authorizing aluminum boxes (4B) as an alternate packaging.

For clarity, the entire Explosive Packing Methods Table has been

reprinted along with the Table of Particular Packaging Requirements and

Exceptions. Paragraph (e) is revised to update the military packaging

exception to allow explosives packaged prior to January 1, 1990, to be

transported in accordance with the packaging provisions in effect on

that date.

Section 173.115. The definition of a Division 2.2 gas is expanded

to include asphyxiant and oxidizing gases. However, based on comments

received, the definition is revised to be more consistent with the

definition in the UN Recommendations. In addition, the definitions of

asphyxiant gas and oxidizing gas proposed in the NPRM have been moved

to Sec. 171.8.

Section 173.120. RSPA received several comments supporting the new

exceptions for Class 3 materials. Some of these commenters requested

that these exceptions be extended to the definition of combustible

liquids. Through RSPA agrees that similar exceptions should be adopted

for the definition of combustible liquid, the exceptions have been

established for materials with a flash point of 141 deg.F or below.

The tests may not be appropriate for a material with a flash point of

below 200 deg.F. Therefore, RSPA is unable to adopt this suggestion.

However, if data is provided to support adoption of these test methods,

or a modified form thereof, RSPA will initiate a new rulemaking action

to adopt these exceptions for combustible liquids.

Section 173.121. Criteria for including viscous Class 3 materials

in Packing Group III is revised. Several modifications to the method

are provided when the temperature of the flash point is too low for the

standard procedures. The table in Sec. 173.121(b)(1)(iv) is amended for

consistency with the eighth revision of the UN Recommendations.

Section 173.124. The definition of self-reactive materials is

revised to conform to the changes in the UN Recommendations, which now

contains ``generic'' shipping descriptions. Seven types of self-

reactive material (Types A-G) are defined in paragraph (a)(2). The

procedure for assigning a specific self-reactive material to a generic

type is set forth in paragraph (a)(2)(vi). If a self-reactive material

is identified by technical name in the Self-Reactive Materials Table in

Sec. 173.224, the generic type is assigned in that Table. The lengthy

process by which importing and exporting countries agree on the

packaging requirements or assignment of a shipping description for a

new self-reactive material is avoided by using this procedure.

Section 173.128. Editorial revisions are made in paragraphs (a),

(c)(2) and (c)(3), paragraph (b)(7) is clarified and procedures for

obtaining approvals are clarified in revised paragraph (d).

Section 173.136. RSPA received several comments on the adoption of

the OECD Guidelines in the definition of Class 8 (corrosive materials).

Some commenters supported the proposed change, while others opposed it

and requested that RSPA not adopt it. Those that opposed the change to

the Class 8 definition cited problems with retesting of chemicals

tested under the old definition, moistening of solid materials before

testing, and ``full thickness testing.'' The changes adopted in this

final rule to the definition of Class 8 are a refinement of the

existing definition. RSPA will not require the retesting of materials

that have been classified under the test method previously found in

Appendix A of Part 173. In addition, the new definition will not expand

significantly the number of materials subject to the HMR. Although the

OECD Guidelines require appropriate moistening of a solid material

before application to the skin, this minuscule amount of liquid should

have no effect on the outcome of the test. In addition, review of some

past testing of corrosive solids indicates that moistening is already

being used as a vehicle to assure good contact with the skin. As stated

by one commenter, the new definition will provide standardization in

classifying these materials; make more definitive information available

to emergency responders, drivers, cargo handlers, and others; and will

facilitate the safe handling and emergency response procedures for

corrosive materials. Therefore, RSPA is adopting the changes to the

definition of Class 8 and assignment of Class 8 Packing Groups, as

proposed.

Section 173.150. RSPA proposed to add language in the introductory

text of Sec. 173.150(b) to specifically address combustible liquids in

the limited quantity provisions. RSPA received a comment in opposition

to this proposal stating that there is no difference in the way

combustible liquids that are hazardous substances or hazardous wastes

(versus non-hazardous substances or non-hazardous wastes) are treated

under the current wording of these provisions. However, combustible

liquids in non-bulk packagings that meet the definition of a hazardous

substance, hazardous waste, or marine pollutant currently are subject

to shipping paper, marking, placarding and other requirements set forth

in Sec. 173.150(f)(3). RSPA is adopting the proposed language to

clarify that combustible liquids are eligible for the limited quantity

exceptions if they are packaged accordingly.

Section 173.152. The limited quantity provisions for organic

peroxides are amended by increasing the authorized net capacity per

inner packaging for Type D, E, or F liquid and solid organic peroxides

and Type B or C solid organic peroxides. However, the authorized net

capacity for liquid Type B or C organic peroxides is decreased from 30

ml to 25 ml per inner packaging.

Section 173.158. Based on the merits of a comment and a petition

for rulemaking (P-1170), a new paragraph (f)(3) is added for nitric

acid of 70 percent or less to authorize combination packagings

consisting of inner plastic packagings individually overpacked in

tightly closed metal packagings, and further packed in an outer

packaging, such as a drum or box. This packaging currently is

authorized for transportation in cargo aircraft only, but there is no

comparable authorization for transport in other modes. Offerors of

nitric acid in plastic packagings are reminded of the compatibility

requirements specified in Sec. 173.24(e).

Section 173.164. Certain exceptions for mercury (metallic and

articles containing mercury), are revised, and a 4H2 solid plastic box

is authorized as an outer packaging, consistent with the ICAO Technical

Instructions.

Section 173.166. This section is amended to limit its applicability

to air bag inflators and modules showing certain specified results when

subjected to a bonfire test. Airbag modules and inflators not meeting

the test criteria must be transported as explosives. RSPA received

several comments on the transportation of airbags, many of which were

outside the scope of this rulemaking. One commenter requested that RSPA

revise proposed proper shipping names for airbags, but did not provide

sufficient justification for adding a domestic-only proper shipping

name for these commodities. The comments requesting new packaging

authorization and removal of the Ex-number marking requirements have

been denied because they are considered beyond the scope of this

rulemaking.

Section 173.168. RSPA proposed the addition of a separate section

to define a ``nonspillable battery,'' establish separate requirements

for nonspillable batteries (as opposed to the requirements for wet

batteries contained in Sec. 173.159), and provide vibration and

pressure differential testing criteria. Except when transporting a

wheelchair or other battery-powered mobility aid equipped with a

nonspillable battery by air as checked baggage, a nonspillable battery

which is protected against short circuits, securely packaged and

durably marked is not subject to any other HMR requirements. After

further deliberation, RSPA has decided not to create a separate section

for nonspillable batteries and, therefore, provisions for these

batteries will remain in Sec. 173.159.

Section 173.171. Paragraph (a) is revised as proposed to clarify

that smokeless powder must be examined and approved as both Division

1.3 and Division 4.1.

Section 173.185. RSPA is amending the requirements for lithium

batteries consistent with changes in the UN Recommendations. While the

new requirements apply more severe test requirements to lithium

batteries, they also allow batteries with higher quantities of lithium

to be transported without being subject to the regulations, provided

specified criteria are met. Existing batteries previously allowed to be

transported as Class 9 batteries may continue to be transported under

the present requirements indefinitely if the present requirements are

met. One commenter to this section asked why rechargeable batteries are

no longer specifically mentioned in the section. Rechargeable batteries

are no longer mentioned in the section because such batteries are being

treated in the same manner as other lithium batteries.

Section 173.189. RSPA received two comments on the proposed

transport of sodium batteries. One commenter requested that sodium

batteries installed in motor vehicles be excepted from the HMR, and the

other requested that sodium batteries be allowed to contain

polysulfides. RSPA concurs with these commenters and has revised this

proposed section accordingly.

Section 173.196. RSPA is adopting the proposed revision to

paragraph (f) to clarify that either the inner receptacle or the outer

packaging for infectious substances must be capable of withstanding the

prescribed pressure differential.

Section 173.211-213. These sections are adopted as proposed to

change packaging identification codes (for steel boxes from 4A1 to 4A2

to 4A and for aluminum boxes from 4B1 and 4B2 to 4B) for consistency

with international requirements.

Section 173.224. This section is revised based on the UN

Recommendations. Paragraph (b) sets forth the Self-Reactive Materials

Table which identifies the technical name for specific self-reactive

materials, the identification number which is used to select the

appropriate generic shipping description, specifications for

concentrations of the self-reactive material, packing methods that may

be used, temperature control requirements, and additional special

provisions. The existing packing methods for self-reactive materials

are replaced with the packing methods for organic peroxides which are

prescribed in Sec. 173.225.

Paragraph (c) sets forth procedures for new self-reactive

materials, formulations and samples. New self-reactive materials and

formulations of currently identified self-reactive materials must be

approved in accordance with the provisions in Sec. 173.124(a)(2)(vi).

Paragraph (c)(4) contains provisions for the shipping of samples of new

formulations. Paragraph (d) specifies that self-reactive materials of

Type F may be transported in bulk only under the approval of the

Associate Administrator for Hazardous Materials Safety.

Section 173.225. In Sec. 173.225, paragraph (a) is revised to

prohibit the use of metallic non-bulk packagings meeting a Packing

Group I packaging standard. Paragraph (c)(5) is added to authorize the

transportation of mixtures of organic peroxides that are specifically

identified in the Organic Peroxides Table without approval by the

Associate Administrator for Hazardous Materials Safety. In addition,

the Organic Peroxide Table is revised to add new organic peroxides

adopted in the UN Recommendations. Several miscellaneous changes, based

on comments, have been made to the Table. In addition, for use

domestically, RSPA is adding 12 new organic peroxides that are not

listed in the UN Recommendations but have been approved by RSPA for

domestic transportation.

Section 173.304. In the paragraph (a)(2) table, for the entry

``carbon dioxide,'' an erroneous reference to a DOT-311800 cylinder is

corrected to authorize a DOT-3T1800 cylinder for carbon dioxide.

Section 173.306. In paragraph (a)(3)(v), the hot water immersion

test for aerosols and small gas receptacles includes a reference

temperature of 50 deg.C (122 deg.F) in addition to the reference

temperature of 55 deg.C (131 deg.F). A reference temperature of

50 deg.C is permitted if the liquid phase of the materials contained in

the receptacle does not exceed 95 percent of the capacity of the

receptacle at 50 deg.C. In addition, provisions are added for plastic

receptacles or contents which are sensitive to heat.

Appendix A to Part 173. Appendix A, which provides a method of

testing corrosion to skin, is removed and reserved for consistency with

changes to the definition and packing group assignment for Class 8

materials.

Appendix E to Part 173. New criteria are added for self-reactive

materials possessing explosive properties, and an editorial change is

made to clarify that powders of metals or metal alloys that can be

ignited are classified in Division 4.1.

Appendix F to Part 173. In paragraph 1., an editorial revision is

made to correctly reference Division 5.1.

Appendix H to Part 173. A new Appendix H is added to Part 173 to

provide a method of testing for combustibility. This method outlines a

procedure for determining if a material can sustain combustion if

heated under test conditions and exposed to an external source of

flame.

Part 175

Section 175.10. The phrase ``environmental restoration or

protection'' is added as an exception in paragraph (a)(12) to clarify

that certain aircraft operations pertaining to environmental

restoration may be conducted under the provisions of this paragraph.

Exceptions for carbon dioxide (dry ice) are consolidated into paragraph

(a)(13) to except this material from regulation from Part 175 when it

is used as a refrigerant for a package, intended for use in food or

beverage service aboard an aircraft, or used to pack perishables in

carry-on baggage. Based on the merit of two comments, proposed

paragraph (a)(4) more closely adopts the language of the ICAO Technical

Instructions to permit non-radioactive medicinal or toilet articles

(including aerosols) in either carry-on baggage or checked baggage. It

also permits aerosols in Division 2.2 having no subsidiary risk, if

intended for sporting or home use, in checked baggage. In addition, a

new paragraph (a)(26) is added to except from regulation small medical

or clinical mercury thermometers carried by passengers or crew members

for personal use.

Section 175.33. Paragraph (a)(1) is revised to require that a

compatibility group letter for a Class 1 material be included in the

written notification to the pilot-in-command. RSPA also proposed to add

a new paragraph (a)(9) to require an aircraft operator to include an

air waybill number where one has been issued. However, based on the

merit of a comment from the Air Transport Association, RSPA agrees that

the placement of an airway bill number on the notification does nothing

to enhance safety. Therefore, this proposed requirement is not adopted.

Part 176

Section 176.27. RSPA proposed the addition of a new paragraph (c)

to reference a container packing certificate required under the

provisions of the SOLAS Convention and the IMDG Code. Commenters to

this proposal did not object to its addition, but suggested that the

certification contain a reference to the section outlining the

requirements rather than a certification that each of the requirements

have been met. RSPA agrees, and is revising proposed paragraph (c)(2).

In addition, the Hazardous Materials Advisory Council (HMAC) and the

Chemical Manufacturers Association (CMA) asked RSPA to clarify that the

container packing certificate is to be presented to the vessel carrier

at the time the hazardous materials are offered for transportation by

vessel. A clarification is added in paragraph (c)(1) in response to

this request.

Section 176.76. A new paragraph (i) is adopted as proposed to

address the transport of fumigated transport units on vessels. These

fumigation requirements are in addition to the fumigation requirements

contained in Sec. 173.9. The new vessel requirements are generally

consistent with the IMDG Code requirements for transporting fumigated

transport units and are consistent with Special Permits currently being

issued by the Coast Guard for U.S. maritime transport of fumigated

transport units.

Part 177

Section 177.841. Revised paragraph (e)(3) is adopted as proposed to

specify requirements for separating Division 6.1 Packing Group III

materials from foodstuffs, consistent with provisions in Sec. 177.848.

Part 178

Section 178.2. Changes to paragraphs (a) and (e) are adopted as

proposed. Paragraph (a) is revised to clarify that Part 178

requirements for UN standard packagings apply only to packagings

manufactured in the U.S. See Sec. 173.24(d)(2) for foreign-manufactured

packagings. A new paragraph (e) is added to include definitions for

``manufacturer'' and ``specification markings.'' These new definitions

specify who is to be identified through a specification marking as the

``manufacturer'' and clarify the manufacturer's responsibility under

Part 178.

Section 178.3. One commenter thought that the location of

manufacture should be immaterial to the use of the ``USA'' mark. This

commenter stated that the ``USA'' mark should be described as simply

indicating compliance with Part 178, regardless of where the packaging

is physically manufactured and asked RSPA to clarify the use of the

marking ``USA'' for a DOT specification or UN specification packaging

that is manufactured in the U.S. or in another country. RSPA believes

that a ``USA'' marked packaging should be manufactured and marked only

in the U.S., and that packagings manufactured in the U.S. must be

marked ``USA'' and comply with Part 178.

Section 178.502. In paragraph (a) introductory text and paragraph

(a)(1), the terms ``type'' or ``types'' of packagings are revised for

consistency with international regulations to read ``kind'' or

``kinds'' of packagings.

Section 178.503. As proposed in the NPRM, this section is revised

to incorporate changes in the UN Recommendations with regard to the

marking of non-bulk packagings. Consistent with the UN Recommendations,

each packaging certified to a UN standard must have a series of

markings which describe the packaging and its characteristics. The

Steel Shipping Container Institute (SSCI) objected to the lower weight

limit for packagings which would be required to be marked on the top or

side, suggesting that a capacity limit, such as 30 liters, would be

more appropriate. SSCI pointed out that, if all packagings over 30 kg

are required to be marked on the side or top, packagings as small as 5

gallons, if they are used to ship very dense products, must be marked

this way. In the UN Recommendations, and as proposed in the NPRM, the

threshold of 30 kg above which packagings must be marked on the top or

a side is intended to represent the maximum weight that a person can

reasonably be expected to lift in order to see the markings on the

bottom of a package. The important consideration is weight, rather than

capacity, and therefore the 30 kg size limit, after which markings must

be applied on the top or side, is adopted in this final rule. This

requirement has been moved to Sec. 178.3(a)(5) to appear with related

marking requirements.

Currently, Sec. 178.503 requires that metal or plastic drums or

jerricans intended for reuse be marked with the minimum thickness of

the packaging material. Consistent with the UN Recommendations, in this

final rule metal drums and jerricans intended for reuse must be marked

with the nominal thickness. The nominal thickness marked must be in

accordance with ISO 3574; that is, the nominal thickness marked may

only exceed the actual minimum thickness of the packaging material by

the tolerance specified in ISO 3574. A commenter suggested that RSPA

clarify, for a metal packaging marked with a nominal thickness, what

the minimum thickness must be. In this final rule, a table indicating

what minimum thickness corresponds to the nominal thickness specified

in ISO Standard 3574, for various packaging capacities, has been added

to a new Appendix C to Part 178. Packagings to be used are still

subject to the minimum thickness requirements of Sec. 173.28. Because

the eighth revised edition of the UN Recommendations did not address

thickness requirements for plastic packagings, plastic drums and

jerricans intended for reuse must continue to be marked with the

minimum thickness of the packaging material.

In additional to the full marking on the top or side of a metal

drum having a capacity greater than 100 liters, paragraph (a)(10)

requires a permanent marking of the drum characteristics on the bottom

of the drum. The country authorizing the mark and the name and address

of the manufacturer are not required as part of this permanent mark.

This marking identifies the packaging as it was originally

manufactured, and may not necessarily be used to determine compliance

with packaging requirements. For example, if a non-removable head drum

has been converted to a removable head drum, this conversion is not

reflected in the marking on the bottom of the drum, but is evident in

the top or side marking. For drums marked permanently on the bottom,

the top or side mark is not required to be permanent (i.e., able to

withstand the reconditioning process). RSPA is not adopting a

commenter's suggestion that the permanent marking on the bottom of a

drum not be required if the markings appearing on the top or side of

the packaging are permanent. RSPA believes this type of change should

be considered first by the UN Committee of Experts.

As proposed in the NPRM, the additional permanent marking on the

bottom of a drum would have applied to plastic drums as well as metal

drums. Several commenters objected to this proposal as it applied to

plastic drums. RSPA notes that the UN Recommendations do not require

plastic drums to bear the additional permanent marking on the bottom of

the drum, and most plastic drums are permanently marked on the side.

Based on the merit of comments, and consistent with the UN

Recommendations, RSPA is limiting the additional marking requirement of

paragraph (a)(10) to metal drums with a capacity greater than 100

liters.

Based on comments from ACR, the marking requirements for metal

drums with a capacity greater than 100 liters have been revised in this

final rule for greater consistency with the UN Recommendations, and for

clarity. As proposed in the NPRM, the permanent marking requirements of

paragraph (a)(10) would have applied only to those metal drums

``intended for reuse or reconditioning as a single packaging or the

outer packaging of a composite packaging.'' ACR stated that the

determination of suitability for reuse or reconditioning is not made by

the manufacturer. RSPA agrees, and the qualifier ``intended for reuse

or reconditioning'' is not adopted in this final rule.

A commenter was concerned that a semi-permanent label would not be

considered ``durable'' for purposes of the UN marking. RSPA would

consider the use of a printed label to satisfy the requirement for

``durable'' markings, provided the label can withstand the rigors of

normal transportation.

Paragraph (c) specifies additional requirements for markings on

reconditioned metal drums. The paragraph requires that reconditioners

reapply markings which no longer appear on drums after the

reconditioning process. A reconditioner can duplicate the original

markings or apply markings which reflect a lower performance level, but

cannot apply markings which identify a performance level greater than

that for which the original design type had been tested and marked.

A new paragraph (d) clarifies marking requirements for

remanufactured packagings. Based on a comment from ACR, paragraph (d)

specifies that required markings need not be permanent on

remanufactured metal drums for which there is no change to the

packaging type, and no replacement of integral structural components.

All other remanufactured metal drums must be permanently marked on the

top or side. This paragraph was not proposed in the NPRM, but is

considered necessary to ensure that packagings can be properly marked

after remanufacture, when it may not be possible to permanently mark on

the bottom.

Section 178.512. Standards for steel boxes and aluminum boxes are

consolidated by removing the distinction between unlined/uncoated steel

or aluminum boxes and steel or aluminum boxes having an inner liner or

coating. Therefore, both unlined and lined steel boxes are identified

as 4A and unlined and lined aluminum boxes are identified as 4B.

Corresponding revisions are reflected in the packaging authorizations

of Part 173.

Section 178.513. A new paragraph is added to the standards for

natural wood boxes to specify fastening requirements.

Section 178.516. Paragraph (b)(1) contains an updated reference to

ISO Standard 535-1976(E). Paragraph (b)(2) is revised to authorize the

ends of fiberboard boxes to be constructed of suitable materials other

than wood, which is already authorized. As proposed in the NPRM,

paragraph (b)(3)(iii) is redesignated as (b)(4) to clarify that the

requirement for water-resistant adhesive applies to all box closures,

and not only the manufacturer's joint. In its comments, 3M suggested

that RSPA include ASTM D5570, Standard Test Method for Water Resistance

of Tape and Adhesives Used as a Box Closure, as a standard for

determining the water resistance of adhesives used in 4G boxes. Since

RSPA did not propose such a standard in the NPRM, the suggestion is not

adopted in this final rule.

Section 178.521. In paragraph (b)(2), the term ``water-resistant''

is revised to ``waterproof'', and examples of a waterproof ply or

barrier are provided.

Section 178.522. A composite packaging consisting of a plastic

receptacle in a protective plastic drum is designated as 6HH in the

current HMR standards. The UN Recommendations recently adopted a new

composite packaging standard to authorize a plastic receptacle in a

protective plastic box. Therefore, in paragraph (b)(3), the previous

6HH composite packaging is redesignated at 6HH1 and the new composite

packaging (the plastic receptacle in a protective plastic box) is

designated as 6HH2.

Section 178.601. Paragraph (b) is adopted as proposed to limit the

responsibility of shippers to those packaging assembly functions they

actually perform or are responsible for performing. A revision to

paragraph (b)(2) removes the shipper responsibility provision regarding

packaging fabrication and testing functions not performed by the

shipper. Only one commenter did not favor this proposal. The Society of

the Plastics Industry believed that a shipper should share some

responsibility for compliance, such as obtaining a certification from

the packaging manufacturer for each type of packaging used in hazardous

materials service. Paragraph (g)(2)(i) is revised to clarify that

selective testing under Variation 2 requires the fragile inner

packagings to contain liquids. A new sentence is added to the end of

paragraph (g)(2)(vi) to clarify that where outer packagings are not

leakproof or siftproof and consequently require some type of leakproof

liner, plastic bag or other means of containment, sufficient absorbent

material must be placed inside the liner or bag. A new paragraph (k) is

added to permit several tests to be performed on one sample if the

validity of test results is not affected and if approved by the

Associate Administrator for Hazardous Materials Safety. Newly

designated paragraph (l) is revised as proposed to clarify

recordkeeping requirements and provide consistency with test report

requirements in the UN Recommendations. One commenter requested

clarification of the methods by which a test method is ``maintained''

at each location where a packaging is manufactured. This commenter

asked if a manufacturer's central office could maintain records when

multiple locations are involved and provide access through a computer

data base or fax. ``Maintained'' as provided in Sec. 178.601(l) is

limited to hard copies of test reports or electronic storage of reports

at each manufacturing location. Inspectors cannot conduct inspections

without test records to compare to the packages. Therefore, the company

may maintain records at a central office so long as the company is

capable of providing hard copy reports in a timely manner to an

inspector at the time of inspection. SSCI pointed out that paragraph

(l)(10) is redundant with paragraph (l)(1) in that both require an

identification of the address of the test facility. RSPA agrees, and

paragraph (l)(10), as adopted, requires the title, rather than the

address, of the signatory to be included.

Section 178.602. In paragraph (c) a reference to

``Sec. 178.603(d)(2)'' is corrected to read ``Sec. 178.603(e)''.

Section 178.603. In paragraph (a), a new provision is added to

require that the drop test be performed using the package orientation

most likely to result in failure if more than one orientation is

possible. Paragraph (c) is revised to clarify that the cold drop test

outlined in this paragraph applies only to plastic packagings, and

applies to combination packagings with inner plastic bags only when the

inner packagings are intended to contain liquids. A revision to

paragraph (f)(1) clarifies that inner packagings of combination

packagings are not required to be vented to reach equilibrium after the

drop test.

Section 178.604. For consistency with a change in the UN

Recommendations, the length of time to conduct a leakproofness test,

other than for production testing, is specified as five minutes in

revised paragraph (d).

Section 178.606. For consistency with the UN Recommendations, a

phrase is added in paragraph (c)(1) to clarify that the force to be

applied, when a test sample contains a non-hazardous liquid with a

specific gravity different from the hazardous liquid intended for

transport, must be calculated based on the specific gravity that will

be marked on the packaging.

Appendix C to Part 178. A new Appendix C is added to Part 178 to

incorporate a table indicating the corresponding nominal and minimum

thicknesses for packagings of varying capacities, in accordance with

ISO Standard 3574.

Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule is not considered to be a significant regulatory

action under section 3(f) of Executive Order 12866 and was not reviewed

by the Office of Management and Budget. The rule is not considered

significant under the Regulatory Policies and Procedures of the

Department of Transportation [44 FR 11034]. A regulatory evaluation is

available for review in the Docket.

B. Executive Order 12612

This final rule has been analyzed in accordance with the principles

and criteria contained in Executive Order 12612 (``Federalism'').

Federal law expressly preempts State, local, and Indian tribe

requirements applicable to the transportation of hazardous material

that cover certain covered subjects and are not substantively the same

as Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:

(A) The designation, description, and classification of hazardous

materials;

(B) The packing, repacking, handling, labeling, marking, and

placarding of hazardous material;

(C) The preparation, execution, and use of shipping documents

pertaining to hazardous material and requirements respecting the

number, content, and placement of such documents;

(D) The written notification, recording, and reporting of the

unintentional release in transportation of hazardous material; and

(E) The design, manufacturing, fabrication, marking, maintenance,

reconditioning, repairing, or testing of a package or container which

is represented, marked, certified, or sold as qualified for use in the

transportation of hazardous material.

This final rule concerns classification, packaging, labeling,

marking, shipping documentation, and manufacture of packaging for

hazardous material. Therefore, this final rule preempts State, local,

or Indian tribe requirements that are not substantively the same as

Federal requirements on these subjects.

Section 5125(b)(2) of title 49 U.S.C. provides that when DOT issues

a regulation concerning any of the covered subjects, DOT must determine

and publish in the Federal Register the effective date of Federal

preemption. That effective date may not be earlier than the 90th day

following the date of issuance of the final rule and not later than two

years after the date of issuance. RSPA has determined that the

effective date of Federal preemption for these requirements will be

October 1, 1995. Thus, RSPA lacks discretion in this area, and

preparation of a federalism assessment is not warranted.

C. Regulatory Flexibility Act

This rule incorporates changes introduced in the seventh and eighth

revised editions of the UN Recommendations, the 1993-1994 and 1995-1996

ICAO Technical Instructions, and Amendments 26 and 27 to the IMDG Code.

It applies to offerors and carriers of hazardous materials and

facilitates the transportation of hazardous materials in international

commerce by providing consistency with international requirements. If

this rule is not adopted, U.S. companies, including numerous small

entities competing in foreign markets, will be forced to comply with a

dual system of regulation, to their economic disadvantage. Therefore, I

certify that this rule will not have a significant economic impact on a

substantial number of small entities.

D. Paperwork Reduction Act

The requirements for information collection have been approved by

the Office of Management and Budget (OMB) under the provisions of the

Paperwork Reduction Act of 1980 (Pub. L. 95-511) under OMB control

number 2137-0034 for shipping papers and 2137-0557 for approvals.

E. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory

action listed in the Unified Agenda of Federal Regulations. The

Regulatory Information Service Center publishes the Unified Agenda in

April and October of each year. The RIN number contained in the heading

of this document can be used to cross-reference this action with the

Unified Agenda.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, Incorporation by reference, Reporting and recordkeeping

requirements.

49 CFR Part 172

Hazardous materials transportation, Hazardous waste, Labels,

Markings, Packaging and containers, Reporting and recordkeeping

requirements.

49 CFR Part 173

Hazardous materials transportation, Packaging and containers,

Radioactive materials, Reporting and recordkeeping requirements,

Uranium.

49 CFR Part 175

Air carriers, Hazardous materials transportation, Radioactive

materials, Reporting and recordkeeping requirements.

49 CFR Part 176

Hazardous materials transportation, Maritime carriers, Radioactive

materials, Reporting and recordkeeping requirements.

49 CFR Part 177

Hazardous materials transportation, Motor carriers, Radioactive

materials, Reporting and recordkeeping requirements.

49 CFR Part 178

Hazardous materials transportation, Motor vehicles safety,

Packaging and containers, Reporting and recordkeeping requirements.

In consideration of the foregoing, 49 CFR Chapter I is amended as

follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for Part 171 continues to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

2. In the Sec. 171.7(a)(3) Table, under the entry American Society

for Testing and Materials, a new entry is added in numerical order;

under the entry International Organization for Standardized, three new

entries are added at the end of existing entries; and a new entry is

added in alphabetical order, to read as follows:

Sec. 171.7 Reference material.

(a) * * *

(3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------

49 CFR

Source and name of material reference

------------------------------------------------------------------------

* * * * * * *

American Society for Testing and Materials

* * * * * * *

ASTM G 31-72 (Reapproved 1990) Standard Practice for

Laboratory Immersion Corrosion Testing of Metals.......... 173.137

* * * * * * *

International Organization for Standardization

* * * * * * *

ISO 3574-1986(E) Cold-reduced carbon steel sheet of

commercial and drawing qualities.......................... 178.503

ISO 2592-1973(E) Petroleum products--Determination of flash

and fire points--Cleveland open cup method................ 173.120

ISO 9328-1--1991(E) Steel plates and strips for pressure

purposes--Technical delivery conditions--Part 1: General

requirements.............................................. 173.137

* * * * * * *

Organization for Economic Cooperation and Development

(OECD)

OECD Publications and Information Center, 2001 L

Street, Suite 700, Washington, DC 20036

OECD Guideline for Testing of Chemicals, No.404

``Acute Dermal Irritation/Corrosion'', 1992....... 173.137

* * * * * * *

------------------------------------------------------------------------

* * * * *

Sec. 171.7 [Amended]

3. In addition, in Sec. 171.7, in the table in paragraph (a)(3),

the following changes are made:

a. In the entry ASTM D 56-79, the wording ``D 56-79 Standard Method

of Test for Flash Point by Tag Closed Tester'' is revised to read ``D

56-93 Standard Test Method for Flash Point by Tag Closed Tester''.

b. In the entry ASTM D 93-80, the wording ``D 93-80 Standard Method

of Test for Flash Point by Pensky Martens Closed Tester'' is revised to

read ``D 93-90 Standard Test Methods for Flash Point by Pensky-Martens

Closed Tester''.

c. In the entry ASTM D 3278-78, the wording ``D 3278-78 Flash Point

of Liquids by Setaflash Closed Tester'' is revised to read ``ASTM D

3278-89 Standard Test Methods for Flash Point of Liquids by Setaflash

Closed-Cup Apparatus''.

d. In the entry ASTM D 4359-84, the wording ``D 4359-84'' is

revised to read ``ASTM D 4359-90''.

e. Under International Civil Aviation Organization (ICAO), for the

entry ``Technical Instructions for the Safe Transport of Dangerous

Goods by Air'', the date ``1993-1994'' is revised to read ``1995-

1996''.

f. Under International Maritime Organization (IMO), the entry

``International Maritime Dangerous Goods (IMDG) Code, 1990 Consolidated

Edition, as amended by Amendment 26 thereto'' is amended by removing

the wording ``Amendment 26 thereto'' and adding in its place the

wording ``Amendment 27 (1994)''.

g. Under International Organization for Standardization, the

wording ``ISO-535-1976(E) Paper and Board--Determination of Water

Absorption--Cobb Method'' is revised to read ``ISO-535-1991(E) Paper

and board--Determination of water absorptiveness--Cobb method''.

h. Under Transport Canada, the entry ``Transportation of Dangerous

Goods Regulations, as of July 1, 1985, incorporating Registration

Numbers SOR/85-77, SOR/85-585 and SOR/85-609'' is revised to read

``Transportation of Dangerous Goods Regulations, 1 July 1985, SOR/85/

77, incorporating the following Registration Numbers: SOR/85-314, SOR/

85-585, SOR/85-609, SOR/86-526, SOR/88-635, SOR/87-335, SOR/87-186,

SOR/89-39, SOR/89-294, SOR/90-847, SOR/91-711, SOR/91-712, SOR/92-447,

SOR/92-600, SOR/93-203, SOR/93-274, SOR/93-525, SOR/94-146 and SOR/94-

264 (English edition)''.

i. Under United Nations, for the entry ``UN Recommendations on the

Transport of Dangerous Goods, Sixth Revised Edition (1989)'' the

wording ``Sixth Revised Edition (1989)'' is revised to read ``Eighth

Revised Edition (1993)''.

j. Under United Nations, for the entry ``UN Recommendations on the

Transport of Dangerous Goods, Tests and Criteria, Second Edition,

1990'', in column 2, the references ``173.124;'' ``173.128;''

``173.166;'' and ``173.185'' are added in appropriate numerical order.

4. In Sec. 171.8, the following definitions are added or revised,

as indicated, in appropriate alphabetical order to read as follows:

Sec. 171.8 Definitions and abbreviations.

[Add:]

* * * * *

Asphyxiant gas means a gas which dilutes or replaces oxygen

normally in the atmosphere.

* * * * *

Gas means a material which has a vapor pressure greater than 300

kPa (43.5 psi) at 50 deg.C (122 deg.F) or is completely gaseous at

20 deg.C (68 deg.F) at a standard pressure of 101.3 kPa (14.7 psi).

* * * * *

Oxidizing gas means a gas which may, generally by providing oxygen,

cause or contribute to the combustion of other material more than air

does.

* * * * *

Siftproof packaging means a packaging impermeable to dry contents,

including fine solid material produced during transportation.

* * * * *

[Revise:]

* * * * *

Box means a packaging with complete rectangular or polygonal faces,

made of metal, wood, plywood, reconstituted wood, fiberboard, plastic,

or other suitable material. Holes appropriate to the size and use of

the packaging, for purposes such as ease of handling or opening, or to

meet classification requirements, are permitted as long as they do not

compromise the integrity of the packaging during transportation, and

are not otherwise prohibited in this subchapter.

* * * * *

Liquid means a material, other than an elevated temperature

material, with a melting point or initial melting point of 20 deg.C

(68 deg.F) or lower at a standard pressure of 101.3 kPa (14.7 psi). A

viscous material for which a specific melting point cannot be

determined must be subjected to the procedures specified in ASTM D 4359

``Standard Test Method for Determining Whether a Material is Liquid or

Solid''.

* * * * *

Overpack, except as provided in subpart K of part 178 of this

subchapter, means an enclosure that is used by a single consignor to

provide protection or convenience in handling of a package or to

consolidate two or more packages. Overpack does not include a transport

vehicle, freight container, or aircraft unit load device. Examples of

overpacks are one or more packages:

(1) Placed or stacked onto a load board such as a pallet and

secured by strapping, shrink wrapping, stretch wrapping, or other

suitable means; or

(2) Placed in a protective outer packaging such as a box or crate.

* * * * *

Solid means a material which is not a gas or a liquid.

* * * * *

UN standard packaging means a packaging conforming to standards in

the UN Recommendations on the Transport of Dangerous Goods.

* * * * *

Sec. 171.11 [Amended]

5. In Sec. 171.11, in the last sentence of paragraph (d)(5), the

wording ``Poison'' is revised to read ``Poison or Toxic''.

Sec. 171.12 [Amended]

6. In Sec. 171.12, in paragraph (b) introductory text, in the

second sentence, the wording ``stowed and segregated, and certified in

accordance with the IMDG Code'' is revised to read ``stowed and

segregated, and certified (including a container packing certification,

if applicable) in accordance with the IMDG Code''.

7. Section 171.14 is revised to read as follows:

Sec. 171.14 Transitional provisions for implementing requirements

based on the UN Recommendations.

General. The purpose of the provisions of this section is to

provide an orderly transition to new requirements based on the UN

Recommendations, so as to minimize any burdens associated with them.

Subsequent final rules may implement different time requirements than

the transitional provisions in this section. When the effective date

section or regulatory text of a final rule imposes a compliance date

earlier or later than that which would be required under this section,

the transition date in this section does not apply.

(a) A rule published in the Federal Register on December 21, 1990,

effective October 1, 1991, resulted in a comprehensive revision of this

subchapter based on the UN Recommendations. Final rules published in

the Federal Register on December 20, 1991 effective October 1, 1991,

October 1, 1992 effective October 1, 1992, September 24, 1993 effective

October 1, 1993, and September 22, 1994 effective September 22, 1994,

further revised the December 21, 1990 final rule. Prior to an

applicable transition date in paragraph (a)(1) of this section, a

person may elect to comply with either the applicable requirements of

this subchapter in effect on September 30, 1991, or the requirements of

this subchapter appearing in the December 20, 1990 rule, as revised in

final rules published in the Federal Register on December 20, 1991,

October 1, 1992, September 24, 1993, and September 22, 1994.

(1) Transition dates. The following transition dates apply only to

requirements in the December 21, 1990 rule, as revised in the December

20, 1991, October 1, 1992, September 24, 1993, and September 22, 1994

final rules:

(i) January 1, 1995. On January 1, 1995, all applicable regulatory

requirements, including those pertaining to classification (see

Sec. 173.134 of this subchapter), hazard communication, and packaging,

are effective for Division 6.2 materials (infectious substances) other

than regulated medical waste and infectious substances affecting

animals only.

(ii) October 1, 1995. On October 1, 1995, all applicable regulatory

requirements, including those pertaining to classification (see

Sec. 173.134 of this subchapter), hazard communication, and packaging

are effective for regulated medical waste (Division 6.2) and infectious

substances affecting animals only (Division 6.2).

(iii) October 1, 1996. On October 1, 1996, requirements in Parts

172 and 173 of this subchapter for maintenance and use of packagings

that were not previously in effect are effective. (DOT specification

packagings removed from Part 178 of this subchapter by the December 21,

1990 final rule and packaging authorizations removed from Part 173 of

this subchapter by the December 21, 1990 final rule may no longer be

used in place of new packaging requirements.)

(2) Other transitional provisions--(i) Packages filled prior to

October 1, 1991. Notwithstanding the marking and labeling provisions of

Subparts D and E, respectively, of Part 172, and the packaging

provisions of Part 173 and Subpart B of Part 172 of this subchapter, a

package may be offered for transportation and transported prior to

October 1, 2001, if it--

(A) Conforms to the old requirements of this subchapter in effect

on September 30, 1991;

(B) Is filled with hazardous materials prior to October 1, 1991;

(C) Is marked ``Inhalation Hazard'', if appropriate, in accordance

with Sec. 172.313 of this subchapter or Special Provision 13, as

assigned in the Sec. 172.101 Table; and

(D) Is not emptied and refilled on or after October 1, 1991.

(ii) Transitional placarding provisions. Until October 1, 2001,

placards which conform to specifications for placards in effect on

September 30, 1991, may be used in place of the placards specified in

Subpart F of Part 172 of this subchapter, in accordance with the

following table:

Placard Substitution Table

------------------------------------------------------------------------

Hazard class or Old (Sept. 30, 1991)

division number Current placard name placard name

------------------------------------------------------------------------

Division 1.1........... Explosives 1.1......... Explosives A.

Division 1.2........... Explosives 1.2......... Explosives A.

Division 1.3........... Explosives 1.3......... Explosives B.

Division 1.4........... Explosives 1.4......... Dangerous.

Division 1.5........... Explosives 1.5......... Blasting agents.

Division 1.6........... Explosives 1.6......... Dangerous.

Division 2.1........... Flammable gas.......... Flammable gas.

Division 2.2........... Nonflammable gas....... Nonflammable gas.

Division 2.3........... Poison gas............. Poison gas.

Class 3................ Flammable.............. Flammable.

Combustible liquid..... Combustible............ Combustible.

Division 4.1........... Flammable solid........ Flammable solid.

Division 4.2........... Spontaneously Flammable solid.

combustible.

Division 4.3........... Dangerous when wet..... Flammable solid W.

Division 5.1........... Oxidizer............... Oxidizer.

Division 5.2........... Organic peroxide....... Organic peroxide.

Division 6.1, PG I and Poison................. Poison.

II.

Division 6.1, PG III... Keep away from food.... (none required).

Class 7................ Radioactive............ Radioactive.

Class 8................ Corrosive.............. Corrosive.

Class 9................ Class 9................ (none required).

------------------------------------------------------------------------

(b) A rule published in the Federal Register on December 29, 1994,

effective October 1, 1995, resulted in further revisions to this

subchapter based on the UN Recommendations. During the transition

period provided in paragraph (b)(1) of this section, a person may elect

to comply with either the applicable requirements of this subchapter in

effect on September 30, 1995, the applicable requirements based on the

transition dates provided in paragraph (a)(1) of this section, or the

requirements of this subchapter appearing in the December 29, 1994,

final rule.

(1) Transition date. On October 1, 1996, all applicable regulatory

requirements adopted in the December 29, 1994, final rule must be met.

(2) Intermixing old and new requirements. Prior to the transition

date in paragraph (b)(1) of this section, it is recommended that hazard

communication requirements be consistent where practicable, i.e.,

marking, labeling, placarding, and shipping paper descriptions should

conform to either the old requirements of this subchapter in effect on

September 30, 1995, or new requirements of this subchapter added or

revised by the December 29, 1994, rule, without intermixing of

communication elements. However, intermixing is permitted, during the

applicable transition period, for packaging, hazard communication, and

handling provisions, as follows:

(i) If either shipping names or identification numbers are

identical, a shipping paper may display the old shipping description

even if the package is marked and labeled under the new shipping

description;

(ii) If either shipping names or identification numbers are

identical, a shipping paper may display the new shipping description

even if the package is marked and labeled under the old shipping

description; and

(iii) Either old or new placards may be used regardless of whether

old or new shipping descriptions and package markings are used.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

8. The authority citation for part 172 continues to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

9. In Sec. 172.101, paragraphs (c)(3), (c)(13) and (k)(1) through

(k)(5) are revised and, in paragraph (g), a new sentence is added as

the last sentence to read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

(c) * * *

(3) The word ``poison'' or ``poisonous'' may be used

interchangeably with the word ``toxic'' when only domestic

transportation is involved. The abbreviation ``n.o.i.'' or

``n.o.i.b.n.'' may be used interchangeably with ``n.o.s.''.

* * * * *

(13) Self-reactive materials and organic peroxides. A generic

proper shipping name for a self-reactive material or an organic

peroxide, as listed in Column 2 of the Table, must be selected based on

the material's technical name and concentration, in accordance with the

provisions of Secs. 173.224 or 173.225 of this subchapter,

respectively.

* * * * *

(g) * * * No label is required for a material classed as a

combustible liquid or for a Class 3 material that is reclassed as a

combustible liquid.

* * * * *

(k) * * *

(1) Stowage category ``A'' means the material may be stowed ``on

deck'' or ``under deck'' on a cargo vessel and on a passenger vessel.

(2) Stowage category ``B'' means--

(i) The material may be stowed ``on deck'' or ``under deck'' on a

cargo vessel and on a passenger vessel carrying a number of passengers

limited to not more than the larger of 25 passengers, or one passenger

per each three meters of overall vessel length; and

(ii) ``On deck only'' on passenger vessels in which the number of

passengers specified in paragraph (k)(2)(i) of this section is

exceeded.

(3) Stowage category ``C'' means the material must be stowed ``on

deck only'' on a cargo vessel and on a passenger vessel.

(4) Stowage category ``D'' means the material must be stowed ``on

deck only'' on a cargo vessel and on a passenger vessel carrying a

number of passengers limited to not more than the larger of 25

passengers or one passenger per each three meters of overall vessel

length, but the material is prohibited on passenger vessels in which

the limiting number of passengers is exceeded.

(5) Stowage category ``E'' means the material may be stowed ``on

deck'' or ``under deck'' on a cargo vessel and on a passenger vessel

carrying a number of passengers limited to not more than the larger of

25 passengers, or one passenger per each three meters of overall vessel

length, but is prohibited from carriage on passenger vessels in which

the limiting number of passengers is exceeded.

* * * * *

Sec. 172.101 [Amended]

10. In addition, in Sec. 172.101, the following changes are made:

a. In paragraph (c)(11) introductory text, the wording

``Secs. 173.21, 173.51, 173.56(d), or 173.56(e)(1)'' is revised to read

``Secs. 173.21, 173.51, 173.56(d), 173.56(e)(1), 173.124(a)(2)(iii) or

173.128(c)''; and the wording ``hazard class and identification

number,'' is revised to read ``hazard class, identification number, and

packing group,''.

b. In paragraph (c)(12)(iii), the last sentence is removed.

11. In Sec. 172.101, the Hazardous Materials Table is revised to

read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

BILLING CODE 4910-60-P

Sec. 172.101 Hazardous Materials Table

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

(8) Packaging authorizations (9) Quantity limitations (10) Vessel stowage

(Sec. 173.***) -------------------------- requirements

Hazard Identification Packing Label(s) required (if Special ---------------------------------- ---------------------

Symbols Hazardous materials descriptions and proper shipping names class or Numbers group not excepted) provisions Passenger Cargo Other

Division Exceptions Non-bulk Bulk aircraft or aircraft Vessel stowage

packaging packaging railcar only stowage provisions

(1) (2).......................................................... (3) (4) (5) (6)................... (7)............. (8A) (8B) (8C) (9A)....... (9B)....... (10A).. (10B)

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

....... Accellerene, see p-Nitrosodimethylaniline.................... ........... .............. ...................... ................ ........... ........... .......

....... Accumulators, electric, see Batteries, wet etc............... ........... .............. ...................... ................ ........... ........... .......

D...... Accumulators, pressurized, pneumatic or hydraulic (containing 2.2 NA1956 NONFLAMMABLE GAS...... ................ 306 306 None No limit... No limit... A......

non-flammable gas).

....... Acetal....................................................... 3 UN1088 II FLAMMABLE LIQUID...... T7.............. 150 202 242 5 L........ 60 L....... E......

....... Acetaldehyde................................................. 3 UN1089 I FLAMMABLE LIQUID...... A3, B16, T20, None 201 243 Forbidden.. 30 L....... E......

T26, T29.

A...... Acetaldehyde ammonia......................................... 9 UN1841 III CLASS 9............... ................ 155 204 240 200 kg..... 200 kg..... A...... 34

....... Acetaldehyde oxime........................................... 3 UN2332 III FLAMMABLE LIQUID...... B1, T8.......... 150 203 242 60 L....... 220 L...... A......

....... Acetic acid, glacial or Acetic acid solution, with more than 8 UN2789 II CORROSIVE, FLAMMABLE A3, A6, A7, A10 154 202 243 1 L........ 30 L....... A......

80 percent acid, by mass. LIQUID. B2, T8.

....... Acetic acid solution, with more than 10 percent but not more 8 UN2790 II CORROSIVE............. A3, A6, A7, A10 154 202 242 1 L........ 30 L....... A......

than 80 percent acid, by mass. B2, T8.

....... Acetic anhydride............................................. 8 UN1715 II CORROSIVE, FLAMMABLE A3, A6, A7, A10, 154 202 243 1 L........ 30 L....... A...... 40

LIQUID. B2, T8.

....... Acetone...................................................... 3 UN1090 II FLAMMABLE LIQUID...... T8.............. 150 202 242 5 L........ 60 L....... B......

....... Acetone cyanohydrin, stabilized.............................. 6.1 UN1541 I POISON................ 2, A3, B9, B14, None 227 244 Forbidden.. 30 L....... D...... 25, 40, 49

B32, B76, B77,

N34, T38, T43,

T45.

....... Acetone oils................................................. 3 UN1091 II FLAMMABLE LIQUID...... T7, T30......... 150 202 242 5 L........ 60 L....... B......

....... Acetonitrile................................................. 3 UN1648 II FLAMMABLE LIQUID...... T14............. 150 202 242 1 L........ 60 L....... B...... 40

....... Acetyl acetone peroxide with more than 9 percent by mass Forbidden .............. ...................... ................ ........... ........... .......

active oxygen.

....... Acetyl benzoyl peroxide, solid, or with more than 40 percent Forbidden .............. ...................... ................ ........... ........... .......

in solution.

....... Acetyl bromide............................................... 8 UN1716 II CORROSIVE............. B2, T12, T26.... 154 202 242 1 L........ 30 L....... C...... 40

....... Acetyl chloride.............................................. 3 UN1717 II FLAMMABLE LIQUID, A3, A6, A7, None 202 243 1 L........ 5 L........ B...... 40

CORROSIVE. B100, N34, T18,

T26.

....... Acetyl cyclohexanesulfonyl peroxide, with more than 82 Forbidden .............. ...................... ................ ........... ........... .......

percent wetted with less than 12 percent water.

....... Acetyl iodide................................................ 8 UN1898 II CORROSIVE............. B2, B101, T9.... 154 202 242 1 L........ 30 L....... C...... 40

....... Acetyl methyl carbinol....................................... 3 UN2621 III FLAMMABLE LIQUID...... B1, T1.......... 150 203 242 60 L....... 220 L...... A......

....... Acetyl peroxide, solid, or with more than 25 percent in Forbidden .............. ...................... ................ ........... ........... .......

solution.

....... Acetylene, dissolved......................................... 2.1 UN1001 FLAMMABLE GAS......... ................ None 303 None Forbidden.. 15 kg...... D...... 25, 40, 57

....... Acetylene (liquefied)........................................ Forbidden .............. ...................... ................ ........... ........... .......

....... Acetylene silver nitrate..................................... Forbidden .............. ...................... ................ ........... ........... .......

....... Acetylene tetrabromide, see Tetrabromoethane................. ........... .............. ...................... ................ ........... ........... .......

....... Acid butyl phosphate, see Butyl acid phosphate............... ........... .............. ...................... ................ ........... ........... .......

....... Acid, sludge, see Sludge acid................................ ........... .............. ...................... ................ ........... ........... .......

....... Acridine..................................................... 6.1 UN2713 III KEEP AWAY FROM FOOD... ................ 153 213 240 100 kg..... 200 kg..... A......

....... Acrolein dimer, stabilized................................... 3 UN2607 III FLAMMABLE LIQUID...... B1, T1.......... 150 203 242 60 L....... 220 L...... A...... 40

....... Acrolein, inhibited.......................................... 6.1 UN1092 I POISON, FLAMMABLE 1, B9, B12, B14, None 226 244 Forbidden.. Forbidden.. D...... 40

LIQUID. B30, B42, B72,

B77, T38, T43,

T44.

....... Acrylamide................................................... 6.1 UN2074 III KEEP AWAY FROM FOOD... T8.............. 153 213 240 100 kg..... 200 kg..... A...... 12

....... Acrylic acid, inhibited...................................... 8 UN2218 II CORROSIVE, FLAMMABLE B2, T8.......... 154 202 243 1 L........ 30 L....... C...... 25, 40

LIQUID.

....... Acrylonitrile, inhibited..................................... 3 UN1093 I FLAMMABLE LIQUID, B9, T18, T26.... None 201 243 Forbidden.. 30 L....... E...... 40

POISON.

....... Actuating cartridge, explosive, see Cartridges, power device. ........... .............. ...................... ................ ........... ........... .......

....... Adhesives, containing a flammable liquid..................... 3 UN1133 II FLAMMABLE LIQUID...... B52, T7, T30.... 150 173 242 5 L........ 60 L....... B......

............................................................. ........... .............. III FLAMMABLE LIQUID...... B1, B52, T7, T30 150 173 242 60 L....... 220 L...... A......

....... Adiponitrile................................................. 6.1 UN2205 III KEEP AWAY FROM FOOD... T1.............. 153 203 241 60 L....... 220 L...... A......

....... Aerosols, corrosive, Packing Group II or III, (each not 2.2 UN1950 NONFLAMMABLE GAS, A34............. 306 None None 75 kg...... 150 kg..... A...... 40, 48, 85

exceeding 1 L capacity). CORROSIVE.

....... Aerosols, flammable, (each not exceeding 1 L capacity)....... 2.1 UN1950 FLAMMABLE GAS......... N82............. 306 None None 75 kg...... 150 kg..... A...... 40, 48, 85

....... Aerosols, non-flammable, (each not exceeding 1 L capacity)... 2.2 UN1950 NONFLAMMABLE GAS...... ................ 306, 307 None None 75 kg...... 150 kg..... A...... 48, 85

....... Aerosols, poison, each not exceeding 1 L capacity............ 2.2 UN1950 NONFLAMMABLE GAS...... ................ 306 None None Forbidden.. Forbidden.. A...... 40, 48, 85

....... Air bag inflators or Air bag modules or Seat-belt pre- 9 UN3268 III CLASS 9............... ................ 166 166 166 25 kg...... 100 kg..... A......

tensioners or Seat-belt modules.

....... Air, compressed.............................................. 2.2 UN1002 NONFLAMMABLE GAS...... ................ 306 302 302 75 kg...... 150 kg..... A......

....... Air, refrigerated liquid, (cryogenic liquid)................. 2.2 UN1003 NONFLAMMABLE GAS, ................ 320 316 318, 319 Forbidden.. 150 kg..... D...... 51

OXIDIZER.

....... Air, refrigerated liquid, (cryogenic liquid) non-pressurized. 2.2 UN1003 NONFLAMMABLE GAS, ................ 320 316 318, 319 Forbidden.. Forbidden.. D...... 51

OXIDIZER.

....... Aircraft evacuation slides, see Life saving appliances etc... ........... .............. ...................... ................ ........... ........... .......

....... Aircraft hydraulic power unit fuel tank (containing a mixture 3 UN3165 I FLAMMABLE LIQUID, ................ None 172 None Forbidden.. 42 L....... E......

of anhydrous hydrazine and monomethyl hydrazine) (M86 fuel). POISON, CORROSIVE.

....... Aircraft survival kits, see Life saving appliances etc....... ........... .............. ...................... ................ ........... ........... .......

....... Alcoholates solution, n.o.s., in alcohol..................... 3 UN3274 II FLAMMABLE LIQUID, ................ None 202 243 1 L........ 5 L........ B......

CORROSIVE.

....... Alcoholic beverages.......................................... 3 UN3065 II FLAMMABLE LIQUID...... 24, B1, T1...... 150 202 242 5 L........ 60 L....... A......

............................................................. ........... .............. III FLAMMABLE LIQUID...... 24, B1, N11, T1. 150 203 242 60 L....... 220 L...... A......

....... Alcohols, n.o.s.............................................. 3 UN1987 I FLAMMABLE LIQUID...... T8, T31......... None 201 243 1 L........ 30 L....... E......

............................................................. ........... .............. II FLAMMABLE LIQUID...... T8, T31......... 150 202 242 5 L........ 60 L....... B......

............................................................. ........... .............. III FLAMMABLE LIQUID...... B1, T7, T30..... 150 203 242 60 L....... 220 L...... A......

....... Alcohols, toxic, n.o.s....................................... 3 UN1986 I FLAMMABLE LIQUID, T8, T31......... None 201 243 Forbidden.. 30 L....... E...... 40

POISON.

............................................................. ........... .............. II FLAMMABLE LIQUID, T8, T31......... None 202 243 1 L........ 60 L....... B...... 40

POISON.

............................................................. ........... .............. III FLAMMABLE LIQUID, KEEP B1, T8, T31..... None 203 242 60 L....... 220 L...... A......

AWAY FROM FOOD.

....... Aldehydes, n.o.s............................................. 3 UN1989 I FLAMMABLE LIQUID...... T8, T31......... None 201 243 1 L........ 30 L....... E......

............................................................. ........... .............. II FLAMMABLE LIQUID...... T8, T31......... 150 202 242 5 L........ 60 L....... B......

............................................................. ........... .............. III FLAMMABLE LIQUID...... B1, T7, T30..... 150 203 242 60 L....... 220 L...... A......

....... Aldehydes, toxic, n.o.s...................................... 3 UN1988 I FLAMMABLE LIQUID, T8, T31......... None 201 243 Forbidden.. 30 L....... E...... 40

POISON.

............................................................. ........... .............. II FLAMMABLE LIQUID, T8, T31......... None 202 243 1 L........ 60 L....... B...... 40

POISON.

............................................................. ........... .............. III FLAMMABLE LIQUID, KEEP B1, T8, T31..... 150 203 242 60 L....... 220 L...... A......

AWAY FROM FOOD.

....... Aldol........................................................ 6.1 UN2839 II POISON................ T8.............. None 202 243 5 L........ 60 L....... A...... 12

D...... Aldrin, liquid............................................... 6.1 NA2762 II POISON................ ................ None 202 243 5 L........ 60 L....... B......

D...... Aldrin, solid................................................ 6.1 NA2761 II POISON................ ................ None 212 242 25 kg...... 100 kg..... A...... 40

....... Alkali metal alcoholates, self-heating, corrosive, n.o.s..... 4.2 UN3206 II SPONTANEOUSLY ................ None 212 242 15 kg...... 50 kg...... B......

COMBUSTIBLE,

CORROSIVE.

............................................................. ........... .............. III SPONTANEOUSLY ................ None 213 242 25 kg...... 100 kg..... B......

COMBUSTIBLE,

CORROSIVE.

....... Alkali metal alloys, liquid, n.o.s........................... 4.3 UN1421 I DANGEROUS WHEN WET.... A2, A3, B48, N34 None 201 244 Forbidden.. 1 L........ D......

....... Alkali metal amalgams........................................ 4.3 UN1389 I DANGEROUS WHEN WET.... A2, A3, N34..... None 201 244 Forbidden.. 1 L........ D......

....... Alkali metal amides.......................................... 4.3 UN1390 II DANGEROUS WHEN WET.... A6, A7, A8, A19, None 212 241 15 kg...... 50 kg...... E...... 40

A20, B101.

....... Alkali metal dispersions, or Alkaline earth metal dispersions 4.3 UN1391 I DANGEROUS WHEN WET.... A2, A3.......... None 201 244 Forbidden.. 1 L........ D......

....... Alkaline corrosive liquids, n.o.s., see Caustic alkali ........... .............. ...................... ................ ........... ........... .......

liquids, n.o.s..

....... Alkaline earth metal alcoholates, n.o.s...................... 4.2 UN3205 II SPONTANEOUSLY ................ None 212 241 15 kg...... 50 kg...... B......

COMBUSTIBLE.

............................................................. ........... .............. III SPONTANEOUSLY ................ None 213 241 15 kg...... 100 kg..... B......

COMBUSTIBLE.

....... Alkaline earth metal alloys, n.o.s........................... 4.3 UN1393 II DANGEROUS WHEN WET.... A19, B100....... None 212 241 15 kg...... 50 kg...... E......

....... Alkaline earth metal amalgams................................ 4.3 UN1392 I DANGEROUS WHEN WET.... A19, N34, N40... None 211 242 Forbidden.. 15 kg...... D......

....... Alkaloids, liquid, n.o.s., or Alkaloid salts, liquid, n.o.s.. 6.1 UN3140 I POISON................ A4, T42......... None 201 243 1 L........ 30 L....... A......

............................................................. ........... .............. II POISON................ T14............. None 202 243 5 L........ 60 L....... A......

............................................................. ........... .............. III KEEP AWAY FROM FOOD... T7.............. 153 203 241 60 L....... 220 L...... A......

....... Alkaloids, solid, n.o.s. or Alkaloid salts, solid, n.o.s. 6.1 UN1544 I POISON................ ................ None 211 242 5 kg....... 50 kg...... A......

poisonous.

............................................................. ........... .............. II POISON................ ................ None 212 242 25 kg...... 100 kg..... A......

............................................................. ........... .............. III KEEP AWAY FROM FOOD... ................ 153 213 240 100 kg..... 200 kg..... A......

....... Alkyl sulfonic acids, liquid or Aryl sulfonic acids, liquid 8 UN2584 II CORROSIVE............. B2, T8, T27..... 154 202 242 1 L........ 30 L....... B......

with more than 5 percent free sulfuric acid.

....... Alkyl sulfonic acids, liquid or Aryl sulfonic acids, liquid 8 UN2586 III CORROSIVE............. T8.............. 154 203 241 5 L........ 60 L....... B......

with not more than 5 percent free sulfuric acid.

....... Alkyl sulfonic acids, solid or Aryl sulfonic acids, solid, 8 UN2583 II CORROSIVE............. ................ 154 212 240 15 kg...... 50 kg...... A......

with more than 5 percent free sulfuric acid.

....... Alkyl sulfonic acids, solid or Aryl sulfonic acids, solid 8 UN2585 III CORROSIVE............. ................ 154 213 240 25 kg...... 100 kg..... A......

with not more than 5 percent free sulfuric acid.

....... Alkylphenols, liquid, n.o.s. (including C2-C12 homologues)... 8 UN3145 I CORROSIVE............. T8.............. None 201 243 0.5 L...... 2.5 L...... B......

............................................................. ........... .............. II CORROSIVE............. T8.............. 154 202 242 1 L........ 30 L....... B......

............................................................. ........... .............. III CORROSIVE............. T7.............. 154 203 241 5 L........ 60 L....... A......

....... Alkylphenols, solid, n.o.s. (including C2-C12 homologues).... 8 UN2430 I CORROSIVE............. T8.............. None 211 242 1 kg....... 25 kg...... B......

............................................................. ........... .............. II CORROSIVE............. T8.............. 154 212 240 15 kg...... 50 kg...... B......

............................................................. ........... .............. III CORROSIVE............. T8.............. 154 213 240 25 kg...... 100 kg..... A......

....... Alkylsulfuric acids.......................................... 8 UN2571 II CORROSIVE............. B2, T9, T27..... 154 202 242 1 L........ 30 L....... C...... 14

....... Allethrin, see Pesticides, liquid, toxic, n.o.s.............. ........... .............. ...................... ................ ........... ........... .......

....... Allyl acetate................................................ 3 UN2333 II FLAMMABLE LIQUID, T8.............. None 202 243 1 L........ 60 L....... E...... 40

POISON.

....... Allyl alcohol................................................ 6.1 UN1098 I POISON, FLAMMABLE 2, B9, B14, B32, None 227 244 Forbidden.. Forbidden.. D...... 40

LIQUID. B74, B77, T38,

T43, T45.

....... Allyl bromide................................................ 3 UN1099 I FLAMMABLE LIQUID, T18............. None 201 243 Forbidden.. 30 L....... B...... 40

POISON.

....... Allyl chloride............................................... 3 UN1100 I FLAMMABLE LIQUID, T18, T26........ None 201 243 Forbidden.. 30 L.......

This text is long and has been trimmed here. Open the source document for the complete record.