Implementation of the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions

SUMMARY: On December 29, 1994, RSPA published a final rule which

amended the Hazardous Materials Regulations to maintain alignment with

corresponding provisions of international standards. 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 or ICAO TI), and the United Nations Recommendations on the

Transport of Dangerous Goods (UN Recommendations) necessitated

amendments to domestic regulations to provide consistency with

international transport requirements and to facilitate the transport of

hazardous materials in international commerce. This final rule corrects

errors in that final rule and responds to petitions for

reconsideration.

DATES: Effective: This final rule is effective October 1, 1995. The

effective date for the final rule published under Docket HM-215A on

December 29, 1994 (59 FR 67390) remains October 1, 1995.

Compliance: However, compliance with the regulations is authorized

from January 1, 1995.

FOR FURTHER INFORMATION CONTACT: Beth Romo or John Gale, Office of

Hazardous Materials Standards (202) 366-4488, Hazardous Materials

Safety, 400 Seventh Street SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: On December 29, 1994 (59 FR 67390), RSPA

published a final rule under Docket HM-215A to maintain alignment with

corresponding provisions in international standards, based on recent

changes to the International standards. Since publication of the final

rule, RSPA has received seven petitions for reconsideration, as well as

other correspondence identifying errors. This document incorporates

editorial and technical revisions to the final rule based on the merit

of petitions and other revisions that RSPA has determined are necessary

to correct or clarify the final rule.

Section-by-Section Review

Part 171

Section 171.14. This section was rewritten in the final rule to

remove certain obsolete compliance dates for Docket HM-181 requirements

and to add new transition dates for provisions adopted under Docket HM-

215A. In paragraph (a)(2)(i), which delays compliance with new placard

specifications until October 1, 2001, the phrases ``placards specified

in the December 21, 1990 final rule'' and ``for highway transportation

only'' were inadvertently omitted. RSPA did not intend to exclude

placards specified in the December 21, 1990 final rule, nor to expand

the scope of this transition provision to other modes; therefore, the

phrases ``or placards specified in the December 21, 1990 final rule''

and ``for highway transportation only'' are reinstated in paragraph

(a)(2).

Paragraph (b) introductory text, paragraph (b)(1) and paragraph

(b)(2) are revised to clarify that amendments contained in this

document supersede changes made in the December 29, 1994 final rule.

RSPA has received numerous inquiries concerning the effective date for

compliance with the latest requirements in the ICAO Technical

Instructions and the IMDG Code. A Competent Authority Approval was

issued on December 29, 1994, which authorizes shipments entering the

U.S. by air or vessel to comply with either the 1993-1994 or 1995-1996

ICAO TI and either Amendment 26 or Amendment 27 of the IMDG Code until

October 1, 1995. For export shipments, each destination country should

be consulted for delayed implementation dates.

Part 172

Section 172.101: The Hazardous Materials Table. In the Hazardous

Materials Table (HMT), several editorial changes are made in response

to petitions for reconsideration and agency initiatives. The entry in

the HMT for ``Benzaldehyde'' is revised by placing a ``+'' in the first

column which fixes the hazard class for this material at Class 9. The

entry ``n-Butyl isocyanate'' is revised to correctly identify the

material as a Hazard Zone B inhalation hazard material. Aircraft

quantity limitations for ``Cyanogen bromide'' are revised for

consistency with the ICAO TI. The ``D'' in the first column for PETN is

removed. Special Provision 45 is removed from ``Methyl

Trichloroacetate'' and correctly assigned to the entry ``Methacrylic

acid, inhibited''. The entry for ``Maneb, stabilized or Maneb

preparations, stabilized'' is revised by correctly referencing Special

Provision 54 in Column (7).

RSPA received one petition for reconsideration and numerous

inquiries requesting that the shipping name ``Azodicarbonamide'' be

added to the HMT. Clarification on the applicability of the HMR to

certain formulations of azodicarbonamide also was requested. This

shipping name was proposed but, based on the merit of comments, was not

adopted in the final rule. In the final rule, RSPA stated that this

entry was ``superfluous'' in light of the new classification scheme for

self-reactive materials. However, the petitioner correctly pointed out

that this is not consistent with international standards and, without

this proper shipping name, packagings containing this material which

are imported into the U.S. would need to be remarked before being

reshipped. Therefore, RSPA is adding the shipping name

``Azodicarbonamide'' to the HMT. In addition, based on this petition

for reconsideration, RSPA is adding Special Provision 38, which

incorporates the requirements of Special Provision 215 of the UN

Recommendations for azodicarbonamide. This special provision clarifies

that azodicarbonamide with a Self-accelerated decomposition temperature

(SADT) of 75 deg. C or greater is not a self-reactive material.

The entries for certain pesticides described as having a ``flash

point less than 23 degrees C'' are revised by removing Packing Group

III provisions. Based on packing group criteria provided in

Sec. 173.121, Packing Group III materials in Class 3 cannot have a

flash point less than 23 degrees C; therefore, Packing Group III

provisions are unnecessary.

Several entries are revised by adding, removing, or revising

special provisions in Column (7). For the entries, ``Jet perforating

guns, charged oil well, without detonator,'' classed in Divisions 1.1D

and 1.4D, Special Provision 55 is added. To provide consistency with

revised Sec. 173.185, Special Provisions 18 and A12 assigned to

``Lithium batteries, contained in equipment'' are removed from that

entry and Special Provision 29 is revised. In addition, quantity

limitations for passenger and cargo only [[Page 26797]] aircraft are

adjusted to reflect these revisions.

Appendix B to Sec. 172.101. In the List of Marine Pollutants as

revised in the final rule, the severe marine pollutant designation

``PP'' is removed for the entry for ``Diethylbenzenes (mixed isomers)''

and is added for the entry ``Copper metal powders''.

Section 172.102. As discussed above, based on a petition for

reconsideration, RSPA is adding Special Provision 38, which

incorporates the requirements of Special Provision 215 of the UN

Recommendations for azodicarbonamide. This special provision clarifies

that azodicarbonamide with an SADT of 75 deg. C or greater is not a

self-reactive material. Also as discussed above, RSPA is removing

Special Provisions 18 and A12 and revising Special Provision 29 for

lithium batteries. In addition, RSPA is correcting Special Provision 35

to clarify that if a material assigned this special provision does not

meet Division 6.1, but does meet another hazard class, it is subject to

the HMR. This is consistent with international standards. Special

Provision 51 is revised to indicate the quantity limitations of

propellant for the different divisions for model rocket motors, and

Special Provisions 55 and 56 are added to clarify that jet perforating

guns with detonators must be approved and must incorporate a safety

device.

Section 172.204. The certification in paragraph (a)(2) is revised

to reflect the exact language contained in international standards.

Section 172.402. A footnote to the subsidiary labeling table in

paragraph (a)(2) is revised to clarify that only a Class 3 Packing

Group III material with a flash point at or above 38 deg. C (100 deg.

F) being transported by highway or rail is excepted from the

requirement to apply a subsidiary Class 3 label.

Part 173

Section 173.23. A new paragraph (g) is added to allow the continued

use of non-bulk packagings conforming to the pre-HM-215A requirements

of Subparts L and M of Part 178. This will permit authorized packagings

marked with minimum, rather than nominal, thickness and not permanently

marked on the bottom to remain in service.

Section 173.24. Newly adopted provisions in paragraphs (c)(1) and

(d)(2), authorizing the use of UN standard packagings manufactured

outside the U.S., are revised to clarify that these packagings are not

subject to the specification requirements in Part 178.

Section 173.28. The requirement to mark packagings with the month

leakproofness testing was performed is removed in paragraph (b)(2)(ii).

This is consistent with the reconditioning marking requirement in

Sec. 178.503(c)(1)(iii), revised in the final rule to require only

marking the year of reconditioning.

In the final rule, in the footnote to the table in paragraph

(b)(4), RSPA adopted minimum thicknesses of 0.80 mm and 1.10 mm as the

required minimum thicknesses of the steel in the side and head,

respectively, of a drum. The Association of Container Reconditioners

(ACR) petitioned RSPA to restore the minimum thickness requirements to

0.82 mm (0.032 inch) and 1.09 mm (0.043 inch), which were the minimum

thickness requirements adopted in the December 1990 final rule under

Docket HM-181. The ACR expressed concern that a 1995 or later drum

bearing a ``0.80'' thickness marking could be a drum for which the

minimum thickness is 0.8 mm but more likely could be a drum marked as

nominal 0.8 mm for which the minimum thickness is actually 0.73 mm. In

such a case, the drum marked as nominal 0.8 mm could not be reused or

reconditioned. Conversely, the Steel Shipping Container Institute

(SSCI) asked RSPA to revise the footnote to indicate a minimum

thickness of 0.73 mm (0.029 inch) body and 1.01 mm (0.040 inch) head,

which is the minimum for a nominal thickness of 0.80 mm and 1.10 mm,

respectively. SSCI believes that use of nominal thickness would allow

for consistent use of UN markings as a guide to reconditioning.

After studying both petitions, as well as the history of this

footnote, RSPA has concluded that what were believed to be

inconsequential differences in rounding techniques have led to the

current situation. In adopting the footnote to the table in the

December 1990 final rule, RSPA intended to allow drums with minimum

head and body thicknesses corresponding to the minimum thicknesses for

18 and 20 gauge steel. This decision was based on the merit of comments

to Notice 87-4 [May 5, 1987; 52 FR 16482] contending that steel drums

used in the U.S. with 18 gauge body and 20 gauge heads have proven to

be adequate for transportation and reuse. (The Notice proposed a 1.0 mm

minimum thickness for both body and head for reuse.) RSPA did not

intend to authorize significantly thinner drums by rounding the minimum

thickness from 0.82 to 0.8 mm and understands the problems that may

result from drums marked ``0.8.''

RSPA is not prepared to reduce the required minimum thickness to

0.73 mm, as SSCI suggested, because there is no assurance that drums

with such a thickness can be reused safely. Based on the merits of

comments, RSPA believes that a minimum body thickness of 0.82 mm and a

minimum head thickness of 1.09 mm are the most appropriate minimum

thicknesses to maintain the desired level of safety, and the footnote

is revised accordingly. Because the metric measurement is the

regulatory standard and the U.S. customary measurement is provided for

information only, RSPA is removing the equivalent measurements in

inches in the footnote to preclude further confusion. To determine an

equivalent measurement in U.S. customary units, a conversion table is

provided in Sec. 171.10.

Three petitioners asked RSPA to reconsider the exception for

certain plastic drums from leakproofness testing before each reuse. The

Society of Plastics Industry (SPI) claimed that by adopting this

provision in the final rule without specifically proposing an exception

for plastic drums in the NPRM, RSPA had not provided adequate notice

and opportunity to comment. Another petitioner, the Association of

Container Reconditioners, also noted that adoption of the exception

from leakproofness testing before reuse for certain plastic drums was

``improper, having been without required notice under the

Administrative Procedure Act.''

Section 553(b)(3) of the Administrative Procedures Act (APA) states

that:

General notice of proposed rule making shall be published in the

Federal Register * * *. The notice shall include-- * * * (3) either

the terms or substance of the proposed rule or a description of the

subjects and issues involved.

5 U.S.C. 553(b)(3).

Section 553(c) requires that after notice has been given as

required under section 553(b)(3):

* * * the agency shall give interested persons an opportunity

to participate in the rule making through submission of written

data, views, or arguments * * *.

5 U.S.C. 553(c).

Petitioners argued that the final rule extending the exception from

leakproofness testing to plastic drums differed so substantially from

the proposed amendment regarding leakproofness testing that they

essentially were denied notice and an opportunity to comment, as

required under section 553 (b)(3) and (c). However, in the Notice of

Proposed [[Page 26798]] Rulemaking (NPRM) published on July 18, 1994

(59 FR 36488), RSPA stated

Based on the merits of a petition for rulemaking (P-1133), a new

paragraph [178.37](b)(7) would be added to waive retesting

requirements for certain packagings used in limited operations prior

to each reuse * * *. RSPA is proposing similar provisions in new

paragraph (b)(7) for certain packagings to be reused without

leakproof testing. Packagings would be limited to stainless steel,

monel, or nickel drums (or other packagings approved by the

Associate Administrator for Hazardous Materials Safety) * * *. Other

packagings could qualify only if approved by the Associate

Administrator for Hazardous Materials Safety.

(Emphasis added.)

Based on this statement, 34 commenters requested that the agency

extend the exception from leakproofness testing to plastic drums as

well as those made of stainless steel, monel or nickel.

Although section 553(b)(3) requires that a Notice of Proposed

Rulemaking (NPRM) contain ``either the terms or substance of the

proposed rule or a description of the subjects and issues involved,''

it does not require an agency to publish in advance every precise

proposal which it may ultimately adopt as a rule. Daniel International

Corporation v. Occupational Safety and Health Review Commission and the

Secretary of Labor, 656 F.2d 925 (4th Cir. 1981) citing Spartan

Radiocasting Co. v. F.C.C., 619 F.2d 314 (4th Cir. 1980) and California

Citizens Band Association v. U.S., 375 F.2d 43 (9th Cir. 1967), cert.

denied, 389 U.S. 844, 88 S. Ct. 96 (1967). This is particularly true

when proposals are adopted in response to comments from participants in

the rulemaking proceeding, as is the case in this instance. The

``requirement of submission of a proposed rule for comment does not

automatically generate a new opportunity for comment merely because the

rule promulgated differs from the rule proposed, partly at least in

response to submissions.'' Daniel International Corporation v.

Occupational Safety and Health Review Commission and the Secretary of

Labor, 656 F.2d at 932, citing International Harvester Co. v.

Ruckelshaus, 478 F.2d 615, 632 (D.C. Cir. 1973). ``A contrary rule

would lead to the absurdity that an agency could learn from comments on

its proposals only at the peril of starting a new procedural round of

commentary.'' Id. at 932, citing International Harvester at 632, n. 51.

As in Daniel International, the change in RSPA's requirement was

made in response to comments to the NPRM. And, although the NPRM that

was the subject of Daniel International did not indicate that a change

in application of the standard at issue was contemplated, the court

nevertheless found that the filing of numerous comments on the issue

suggested that the notice was adequate. The court noted that to hold

otherwise would penalize the agency for benefitting from comments

received and further bureaucratize the process. Id. at 932. In this

instance, RSPA specifically stated twice that it would consider

extending the leakproofness testing exception to other packagings upon

request. These statements were sufficient to generate 34 comments

requesting that RSPA extend the leakproofness testing exception to

plastic drums. Therefore, the NPRM gave sufficient notice and an

opportunity to comment on the issue of exceptions for leakproofness

testing.

In its petition, in addition to the claim that RSPA violated the

APA, SPI charged that adoption of this exception ``could be viewed as

an arbitrary and capricious abandonment of RSPA's public safety

responsibility.'' However, in a petition for reconsideration to HM-181

submitted in 1991 by the Plastic Drum Institute (PDI), a division of

SPI, the PDI noted that ``plastic drums, for example, do not have a

seamed type of construction that can contribute to seepage types of

leakage.'' Furthermore, a comment to the proposed HM-181 rule cited a

PDI report stating that ``in 1986, the release from these

(Specification 34 plastic) drums was less than .003% of the total drum

shipments. Of the total gallons lost, the amount was less than .0005%

of the total volume shipped.'' Therefore, RSPA does not agree that

plastic drums that have demonstrated a very low frequency of leakage

without leakproofness testing before each reuse should be subject to

such testing. SPI's petition for reconsideration is, therefore, denied.

RSPA has received numerous requests to clarify provisions in the

exception from leakproofness testing before reuse of certain metal and

plastic drums. Of particular concern is the phrase ``distribution chain

controlled by the offeror'' in paragraph (b)(7)(iii). The exception is

intended to apply only to a drum which is in dedicated service; i.e.,

the drum is refilled with the same material or a material compatible

with that previously contained in the drum, only the original filler

may refill the drum before offering it for transportation, and the drum

may only be transported in a transport vehicle or freight container

that does not contain any material offered by anyone other than the

filler of the drums. The drums may be transported to an unspecified

number of destinations, as long as they are not refilled by anyone

other than the original filler. Otherwise, they must be leakproofness

tested before they are refilled. Paragraph (b)(7) is revised to clarify

the intent of the exception.

Section 173.62. One petitioner requested that RSPA reconsider the

decision not to adopt a domestic shipping description for jet

perforating guns, with detonator. The petitioner had requested that the

description be added to the final rule. RSPA rejected the request

stating ``US006 only allows detonators to be transported with, not in,

detonators.'' The petitioner, however, noted that in the NPRM published

under Docket HM-166X [August 7, 1991; 56 FR 37505] RSPA stated it was

revising packing method US006 to permit the transport of jet

perforating guns with detonators attached. RSPA stands corrected. The

HMR currently does allow, with safety features, the transport of jet

perforating guns with detonators attached when approved in accordance

with Sec. 173.56. Therefore, RSPA is adding domestic shipping

descriptions (Divisions 1.1D and 1.4D) for jet perforating guns with

detonators attached. RSPA is adding special provisions to these

description to clarify that the device must be approved in accordance

with Sec. 173.56 and it must incorporate a safety device. RSPA also is

clarifying the shipping descriptions for jet perforating guns without

detonators by adding a special provision that makes it clear that this

item must be approved in accordance with Sec. 173.56. In addition, in

the paragraph (c) Table of Packing Methods, packing method E-142 is

revised to correctly reference appropriate packaging requirements and

exceptions.

Section 173.150. Paragraph (d)(2) is revised for clarity and

consistency with international provisions which except from regulation

alcoholic beverages in inner packagings having a capacity of five

liters or less. The final rule authorized ``packagings'' of five liters

or less, but did not specify ``inner packagings''. This error is

corrected in this document.

Section 173.185. Paragraphs (e)(6), (h)(1), and (j) are revised to

clarify certain provisions adopted under the final rule. Paragraph

(e)(6) is revised to indicate that the limit of 500 g of lithium or

lithium alloy in strong inner packagings is for each inner packaging.

Paragraph (h)(1), which addresses cells and batteries for disposal,

clarifies that the 12 g limit per cell applies to the cell when new.

Paragraph (j) is revised to emphasize that provisions for transport for

testing purposes do not apply to [[Page 26799]] lithium cells and

batteries contained in equipment.

Sections 173.224 and 173.225. Several editorial changes are made to

the Self-Reactive Materials Table in Sec. 173.224 and the Organic

Peroxide Table in Sec. 173.225, based on petitions for reconsideration

and agency initiative.

Section 173.306. Based on a provision in the UN Recommendations,

RSPA proposed and incorporated a hot water bath test for aerosol

containers in paragraph (a)(3)(v). By adopting provisions identical to

those contained in the UN Recommendations, RSPA failed to remove

wording referring to certain non-specification plastic aerosol

containers. The final rule made no revisions to paragraphs (a)(3) and

(a)(3)(ii), which specify only metal containers. Based on a request to

clarify these provisions, RSPA is amending paragraph (a)(3)(v) to

remove all references to plastic containers.

Part 178

Section 178.503. In paragraph (e)(3), the example of a UN marking

for reconditioned packagings is revised to indicate that only the last

two digits of the year the packaging was reconditioned are required as

part of the marking.

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]. The original regulatory

evaluation of the final rule was reexamined but was not modified

because the changes made under this rule will result in minimal

economic impact on industry.

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 revises certain provisions incorporated into the

Hazardous Materials Regulations based on 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. 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 0f 1980 (Pub. L. 96-511) 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 178

Hazardous materials transportation, Motor vehicles safety,

Packaging and containers, Reporting and recordkeeping requirements.

In consideration of the foregoing, 49 CFR parts 171, 172, 173 and

178 are 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 Sec. 171.14, as revised at 59 FR 67407, on December 29, 1994,

a new sentence is added after the first sentence of paragraph (b)

introductory text to read as follows:

Sec. 171.14 Transitional provisions for implementing requirements

based on the UN Recommendations.

* * * * *

(b) * * * A final rule published in the Federal Register on May 18,

1995, effective October 1, 1995, further amended the December 29, 1994

final rule. * * *

* * * * * [[Page 26800]]

Sec. 171.14 [Amended]

3. In addition, in Sec. 171.14, as revised at 59 FR 67407, the

following changes are made:

a. In paragraph (a)(2)(ii), the wording ``September 30, 1991, may

be used in place of `` is revised to read ``September 30, 1991 or

placards specified in the December 21, 1990 final rule may be used, for

highway transportation only, in place of''.

b. In paragraph (b) introductory text, at the end of the last

sentence, the wording ``as amended in the final rule published in the

Federal Register on May 18, 1995 is added.

c. In paragraph (b)(1), the wording ``December 29, 1994, final

rule'' is revised to read ``December 29, 1994 final rule, as amended in

the May 18, 1995 final rule''.

d. In paragraph (b)(2) introductory text, the wording ``by the

December 29, 1994, rule,'' is revised to read ``by the December 29,

1994 rule, as amended by the May 18, 1995 rule,''.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

4. The authority citation for part 172 continues to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

5. In Sec. 172.101, as amended at 59 FR 67408, the Hazardous

Materials Table is amended by removing or adding in alphabetical order

the following entries to read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

Section 172.101.--Hazardous Materials Table

(8) Packaging authorizations (9) Quantity (10) Vessel stowage

(Sec. 173.***) limitations requirements

Hazardous materials Hazard Identification Packing Label(s) required (if not Special ---------------------------------------------------------------------------------

Symbols descriptions and proper class or Numbers group excepted) provisions Passenger Cargo Other

shipping names Division Exceptions Non-bulk Bulk aircraft aircraft Vessel stowage

packaging packaging or railcar only stowage provisions

(1) (2)....................... (3)..... (4)........... (5).... (6)....................... (7)....... (8A)...... (8B)..... (8C)..... (9A)...... (9B)...... (10A)..... (10B)

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

* * * * * * *

Arsenical pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

liquid, flammable, toxic,

flash point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40

AWAY FROM FOOD.

* * * * * * *

Benzoic derivative * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

pesticides, liquid,

flammable, toxic, flash

point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40

AWAY FROM FOOD.

[[Page 26801]]

* * * * * * *

Bipyridilium pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

liquid, flammable, toxic,

flash point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40

AWAY FROM FOOD.

* * * * * * *

Carbamate pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

liquid, flammable, toxic,

flash point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40

AWAY FROM FOOD.

* * * * * * *

Copper based pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

liquid, flammable, toxic,

flash point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40

AWAY FROM FOOD.

* * * * * * *

Dithiocarbamate * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

pesticides, liquid,

flammable, toxic, flash

point less than 23

degrees C.

* * * * * * *

[REMOVE]

[[Page 26802]]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40

AWAY FROM FOOD.

* * * * * * *

Mercury based pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

liquid, flammable, toxic,

flash point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B 40

AWAY FROM FOOD.

* * * * * * *

Organochlorine pesticides * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

liquid, flammable, toxic,

flash point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........

AWAY FROM FOOD.

* * * * * * *

Organophos- phorous * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

pesticides, liquid,

flammable, toxic, flash

point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........

AWAY FROM FOOD.

[[Page 26803]]

* * * * * * *

Pesticides, liquid, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

flammable, toxic, (flash

point less than 23

degrees C).

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L B ..........

AWAY FROM FOOD.

* * * * * * *

Phenoxy pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

liquid, flammable, toxic,

flash point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........

AWAY FROM FOOD.

* * * * * * *

Phenyl urea pesticides, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

liquid, flammable, toxic,

flash point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........

AWAY FROM FOOD.

* * * * * * *

Phthalimide deriviative * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

pesticides, liquid,

flammable, toxic, flash

point less than 23

degrees C.

* * * * * * *

[REMOVE]

[[Page 26804]]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........

AWAY FROM FOOD.

* * * * * * *

Substituted nitrophenol * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

pesticides, liquid,

flammable, toxic, flash

point less than 23

degrees C.

* * * * * * *

[REMOVE]

.......................... ........ .............. III FLAMMABLE LIQUID, KEEP B1 150 203 242 60 L 220 L A ..........

AWAY FROM FOOD.

* * * * * * *

[ADD]

* * * * * * *

Azodicarbonamide.......... 4.1 UN3242 II FLAMMABLE SOLID........... 38 151 212 240 Forbidden. Forbidden. D 12, 61, 74

* * * * * * *

D Jet perforating guns, 1.1D NA0124 II EXPLOSIVE 1.1D............ D55, 56 None...... 62....... None..... Forbidden. Forbidden. A 24E

charged oil well, with

detonator.

D Jet perforating guns, 1.4D NA0494 II EXPLOSIVE 1.4D............ 55, 56.... None 62 None Forbidden Forbidden B

charged oil well, with

detonator.

Sec. 172.101 [Amended]

6. In addition, in Sec. 172.101, in the Hazardous Materials Table,

as amended at 59 FR 67408, the following changes are made:

a. For the entry ``Benzaldehyde'', in Column (1), a ``+'' is added.

b. For the entry ``n-Butyl isocyanate'', in Column (7), Special

Provisions ``1'', ``B30'', ``B72'' and ``T44'' are removed and Special

Provisions ``2'', ``B32'', ``B74'' and ``T45'' are added in their

place; and in Column (8B), the reference ``226'' is revised to read

``227''.

c. For the entry ``Cotton'', in Column (4), the identification

number ``NA1365'' is added.

d. For the entry ``Cotton, wet'', in Column (4), the identification

number ``UN1365'' is added.

e. For the entry ``Coumarin deriviative pesticides, liquid, toxic,

flammable, flashpoint less than 23 degrees C'', the wording

``flashpoint less than'' is revised to read ``flash point not less

than''.

f. For the entry ``Cyanogen bromide'', in Column (9A), the wording

``Forbidden'' is revised to read ``1 kg'', and in Column (9B) the

wording ``Forbidden'' is revised to read ``15 kg''.

g. For the entry ``Isopentane, see n-Pentane'', in Column (2), the

wording ``n-Pentane'' is revised to read ``Pentane''.

h. For the entry ``Jet perforating guns, charged oil well, without

detonator'', Special Provision ``55'' is added in Column (7), and for

the entry ``Jet perforating guns, charged, oil well, without

detonator'', Special Provision ``55,'' is added in Column (7) before

``114''.

i. For the entry ``Lithium batteries, contained in equipment'', in

Column [[Page 26805]] (7), Special Provisions ``18'' and ``A12'' are

removed; in Column (9A) the word ``Forbidden'' is removed and the

wording ``5 kg'' is added in its place; and in Column (9B), the wording

``See A12'' is removed and the wording ``5 kg'' is added in its place.

j. For the entry ``Lithium battery'', in Column (9A), the wording

``Forbidden'' is removed and the wording ``5 kg'' is added in its

place.

k. For the entry ``Maneb stabilized or Maneb preparations,

stabilized against self-heating'' in Column (7), Special Provision

``53'' is revised to read ``54''.

l. For the entry ``Methacrylic acid, inhibited'', in Column (7),

Special Provision ``45,'' is added before ``T8''.

m. For the entry ``Methyl trichloroacetate'', in Column (7),

Special Provision ``45,'' is removed.

n. For the entry ``Pentaerythrite tetranitrate, wetted or

Pentaerythritol tetranitrate, wetted, or PETN, wetted with not less

than 25 percent water, by mass, or Pentaerythrite tetranitrate, or

Pentaerythritol tetranitrate or PETN, desensitized with not less than

15 percent phlegmatizer by mass'' the ``D'' in Column (1) is removed.

Appendix B to Sec. 172.101 [Amended]

7. In Appendix B to Sec. 172.101, as amended at 59 FR 67485, in the

List of Marine Pollutants, the following changes are made:

a. For the entry ``Copper metal powder'', in Column (1), ``PP'' is

added.

b. For the entry ``Diethylbenzenes (mixed isomers)'', in Column

(1), ``PP'' is removed.

8. In Sec. 172.102, in paragraph (c)(1), Special Provision 18 is

removed, Special Provision 29 is revised, Special Provision 51, as

added at 59 FR 67485, is revised, and Special Provisions 38, 55 and 56

are added; and in paragraph (c)(2), Special Provision A12 is removed,

to read as follows:

Sec. 172.102 Special provisions.

* * * * *

(c) * * *

(1) * * *

Code/Special Provisions

* * * * *

29 Lithium cells and batteries and equipment containing or

packed with lithium cells and batteries which do not comply with the

provisions of Sec. 173.185 of this subchapter may be transported

only if they are approved by the Associate Administrator for

Hazardous Materials Safety.

* * * * *

38 If this material shows a violent effect in laboratory tests

involving heating under confinement, the labeling requirements of

Special Provision 53 apply, and the material must be packaged in

accordance with packing method OP6B in Sec. 173.225 of this

subchapter. If the SADT is higher than 75 deg. C, the technically

pure substance and formulations derived from it are not self-

reactive materials.

* * * * *

51 This description applies to items previously described as

``Toy propellant devices, Class C'' and includes reloadable kits.

Model rocket motors containing 30 grams or less propellant are

classed as Division 1.4S and items containing more than 30 grams of

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

Division 1.4C.

* * * * *

55 This device must be approved in accordance with Sec. 173.56

of this subchapter by the Associate Administrator for Hazardous

Materials Safety.

56 A means to interrupt and prevent detonation of the detonator

from initiating the detonating cord must be installed between each

electric detonator and the detonating cord ends of the jet

perforating guns before the charged jet perforating guns are offered

for transportation.

* * * * *

Sec. 172.102 [Amended]

9. In addition, in Sec. 172.102(c)(1), as amended at 59 FR 67485,

Special Provision 35 is amended by removing the wording ``are not

subject to the requirements of this subchapter'' and adding in its

place ``do not meet the definition of Division 6.1''.

10. In Sec. 172.204, paragraph (a)(2) is revised to read as

follows:

Sec. 172.204 Shipper's certification.

(a) * * *

(2) ``I hereby declare that the contents of this consignment are

fully and accurately described above by the proper shipping name, and

are classified, packaged, marked and labelled/placarded, and are in all

respects in proper condition for transport according to applicable

international and national governmental regulations.''

* * * * *

Sec. 172.402 [Amended]

11. In Sec. 172.402, as amended at 59 FR 67490, in paragraph

(a)(2), in the footnotes following the table, the footnote identified

as ``*'' is revised to read ``Required for all modes, except for a

material with a flash point at or above 38 deg. C (100 deg.F)

transported by rail or highway''.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND

PACKAGINGS

12. The authority citation for Part 173 continues to read as

follows:

Authority: 49 App. U.S.C. 5101-5127; 49 CFR 1.53.

13. In Sec. 173.23, a new paragraph (g) is added to read as

follows:

Sec. 173.23 Previously authorized packaging.

* * * * *

(g) A non-bulk packaging manufactured, tested, marked, and

certified on or before September 30, 1996, in accordance with the

applicable provisions of subparts L and M of part 178 of this

subchapter in effect on September 30, 1995, may be used as authorized

by this subchapter if the packaging conforms to all requirements

applicable at the time of manufacture. In addition, such a packaging

may be reused as authorized by Sec. 173.28 without a nominal thickness

marking, if it conforms to the minimum thickness criteria prescribed in

Sec. 173.28(b)(4).

Sec. 173.24 [Amended]

14. In Sec. 173.24, as amended at 59 FR 67491, the following

changes are made:

a. In paragraph (c)(1), the wording ``(including U.N. standard

packagings manufactured in the United States)'' is revised to read

``(but not including UN standard packagings manufactured outside the

United States)''.

b. In paragraph (d)(2) introductory text, the wording ``used as an

authorized packaging'' is revised to read ``used and is considered to

be an authorized packaging''.

15. In Sec. 173.28, as amended at 59 FR 67491, paragraph

(b)(7)((iii) is redesignated as paragraph (b)(7)(iv), a new paragraph

(b)(7)(iii) is added and paragraph (b)(7) introductory text, paragraph

(b)(7)(i) and paragraph (b)(7)(ii) are revised, to read as follows:

Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.

* * * * *

(b) * * *

(7) Notwithstanding the provisions of paragraph (b)(2) of this

section, a packaging otherwise authorized for reuse may be reused

without being leakproofness tested with air provided the packaging--

(i) Is refilled with a material which is compatible with the

previous lading:

(ii) Is refilled and offered for transportation by the original

filler;

(iii) Is transported in a transport vehicle or freight container

under the exclusive use of the refiller of the packaging; and

* * * * *

Sec. 173.28 [Amended]

16. In addition, in Sec. 173.28, the following changes are made:

a. In paragraph (b)(2)(ii), in the first sentence, the wording

``month and'' is removed.

[[Page 26806]]

b. In paragraph (b)(4), as revised at 59 FR 67491, in Footnote 1

following the table, the wording ``0.80 mm (0.03 inch) body and 1.10 mm

(0.043 inch) heads'' is revised to read ``0.82 mm body and 1.09 mm

head''.

17. In Sec. 173.62, in paragraph (b), the Explosives Table is

amended by adding the following entry in appropriate alpha-numerical

sequence to read as follows:

Sec. 173.62 Specific packaging requirements.

* * * * *

(b) * * *

Explosives Table

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

Identification No. Packing methods

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

[ADD]..............................

NA0494............................. US006

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

* * * * *

Sec. 173.62 [Amended]

17a. In addition, in Sec. 173.62, as amended at 59 FR 67492, in

paragraph (c) ``Table of Packing Methods'', for the entry ``E-142'', in

Column (4), ``40, D11, D39'' is revised to read ``41, D9, D11''.

Sec. 173.150 [Amended]

18. In Sec. 173.150, as amended at 59 FR 67508, in paragraph

(d)(2), the wording ``a packaging of five liters'' is revised to read

``an inner packaging of five liters''.

Sec. 173.185 [Amended]

19. In Sec. 173.185, as revised at 59 FR 67509, the following

changes are made:

a. In paragraph (e)(6), at the end of the first sentence, after the

word ``alloy'', the wording ``per inner packaging'' is added.

b. In paragraph (h)((1), after the word ``Cells'', the wording ``,

when new,'' is added.

c. In paragraph (j), in the first sentence, after the wording

``testing purposes,'' the wording ``when not contained in equipment,''

is added.

20. In Sec. 173.224, as revised at 59 FR 67511, at the end of the

paragraph (b) table, a new Note 3 is added to read as follows:

Sec. 173.224 Packaging and control and emergency temperatures for

self-reactive materials.

* * * * *

(b) * * *

Self-Reactives Materials Table

* * * * *

Notes:

* * * * *

3. The emergency and control temperatures must be determined in

accordance with Sec. 173.21(f).

Sec. 173.224 [Amended]

21. In addition, in Sec. 173.224, as revised at 59 FR 67511, in the

table in paragraph (b), the following changes are made:

a. For the entries ``Azodicarbonamide formulation type B'',

``Azodicarbonamide formulation type C'' and ``Azodicarbonamide

formulation type D'', in Column (7), ``3'' is added.

b. For the entry ``2,21=Azodi(isobutyronitrile)'', in Column

(1), ``2,21'' is revised to read ``2,2''', and in Column (6), the

emergency temperature ``45'' is revised to read ``+45''.

c. For the entry ``2,21=Azodi(2-methylbutyronitrile)'', in

Column (1), ``2,21'' is revised to read ``2,2'''.

d. For the entries ``1,1=Azodi(hexahydrobenzonitrile)'', ``Benzene-

1,3-disulphohydrazide, as a paste'', ``Benzene sulphohydrazide'', ``4-

(Benzyl(ethyl)amino)-3-ethoxybenzenediazonium zinc chloride'', and

``3=Chloro-4=Diethylamino-benzenediazonium zinc chloride'', in Column

(2), the identification number ``3236'' is revised to read ``3226''

each place it appears.

e. For the entry ``4-Methylbenzenesulphonylhydrazide'', in Column

(2), the identification number ``3226'' is removed and replaced with

the identification number ``3236''.

f. In the Notes following the paragraph (b) table, in Note 2, the

wording ``substance type C'' is revised to read ``substance type B''.

Sec. 173.225 [Amended]

22. In Sec. 173.225, as amended at 59 FR 67513, in the Organic

Peroxides Table in paragraph (b), the following changes are made:

a. For the first entry for ``tert-Butyl monoperoxymaleate as a

paste'', ID Number ``UN3108'', in Column (8), Note ``21'' is removed.

b. For the second entry for ``tert-Butyl monoperoxymaleate as a

paste'', in Column (2), the ID Number ``UN3010'' is removed and

replaced with the ID Number ``UN3110'', and in Column (8), Note ``21''

is removed and replaced with Note ``7''.

c. In the entry for ``tert-Butyl peroxydiethylacetate and tert-

Butyl peroxybenzoate'', in Column (6), the entry ``OP7'' is revised to

read ``OP7A'', and the ``A'' in Column (7a) is removed.

d. For the entry ``tert-Butyl peroxyneodecanoate as a paste'' the

phrase ``as a paste'' is removed and replaced with the phrase ``as a

stable dispersion in water'' and, in Column (8), Note ``21'' is removed

and the entry is placed in alphabetical order.

e. For the entry ``tert-Butyl peroxyneodecanoate as a paste

(frozen)'', in Column (8), Note ``21'' is removed.

f. For the second entry for ``p-Menthyl hydroperoxide'', in column

(4a), the concentration percent ``44'' is revised to read

``>44''.

g. In Note 1, at the end of the table, after ``is authorized'', the

wording ``for liquids and OP8B is authorized for solids'' is added.

h. In Note 9, reference to the section

``Sec. 173.225(e)(3)(c)(ii)'' is removed and replaced with reference to

``Sec. 173.225(e)(3)(ii)''.

i. In Footnote 12, the words ``type C,'' are removed and replaced

with the words ``type B,''.

Sec. 173.306 [Amended]

23. In Sec. 173.306, as amended at 59 FR 67517, on December 29,

1994, in paragraph (a)(3)(v), the following changes are made:

a. In the second sentence, the wording ``or if the containers are

made of plastic material which softens at this test temperature,'' is

removed.

b. In the last sentence, the wording ``except that a plastic

container may be deformed through softening provided that it does not

leak.'' is removed and the comma following the word ``occur'' is

replaced with a period.

PART 178--SPECIFICATIONS FOR PACKAGINGS

24. The authority citation for part 178 continues to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 178.503 [Amended]

25. In Sec. 178.503, as amended at 59 FR 67520, on December 29,

1994, in paragraph (e)(3), the illustration is revised as follows:

BILLING CODE 4910-60-P

[GRAPHIC][TIFF OMITTED]TR18MY95.000

BILLING CODE 4910-60-C

Issued in Washington, DC on May 10, 1995, under authority

delegated in 49 CFR part 1.

Ana Sol Gutierrez,

Deputy Administrator, Research and Special Programs Administration.

[FR Doc. 95-11971 Filed 5-17-95; 8:45 am]

BILLING CODE 4910-60-P