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

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178 and 180

[Docket No. RSPA-98-4185 (HM-215C)]

RIN 2137-AD15

Harmonization With the United Nations Recommendations,

International Maritime Dangerous Goods Code, and International Civil

Aviation Organization's Technical Instructions

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This notice consolidates Docket HM-215C and HM-217 (``Labeling

Requirements for Poisonous Materials''). RSPA proposes to amend the

Hazardous Materials Regulations (HMR) to maintain alignment with

international standards by proposing to incorporate numerous changes to

proper shipping names, hazard classes, packing groups, special

provisions, packaging authorizations, air transport quantity

limitations and vessel stowage requirements. In addition, RSPA proposes

to make other amendments to the HMR, including the proposal to

eliminate the ``Keep Away From Food'' label for poisonous materials in

Division 6.1, Packing Group III. 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 proposed revisions are

necessary to facilitate the transport of hazardous materials in

international commerce.

DATES: Comments must be received by October 2, 1998.

ADDRESSES: Address comments to the Dockets Unit, U.S. Department of

Transportation, Room PL 401, 400 Seventh St., S.W., Washington, D.C.

20590-0001. Comments should identify the docket number RSPA-98-4185

(HM-215C) and be submitted in two copies. Persons wishing to receive

confirmation of receipt of their comments should include a self-

addressed stamped postcard. Comments may also be submitted by E-mail to

[email protected]. The Dockets Unit is located on the Plaza Level of

the Nassif Building at the U.S. Department of Transportation at the

above address. Public dockets may be reviewed between the hours of

10:00 a.m. and 5:00 p.m., Monday through Friday, except on Federal

holidays. Internet users may access all comments received by the U.S.

Department of Transportation by using the Universal Resource Locator

(URL) at http://dms.dot.gov. An electronic copy of the document may be

downloaded using a modem and suitable communications software from the

Government Printing Office's Electronic Bulletin Board Service at (202)

512-1661.

FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International

Standards Coordinator, telephone (202) 366-0656, or Joan McIntyre,

Office of Hazardous Materials Standards, telephone (202) 366-8553,

Research and Special Programs Administration, U.S. Department of

Transportation, 400 Seventh Street, S.W., Washington, D.C. 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Introduction

This NPRM consolidates two related rulemakings; Docket HM-215C,

``Harmonization with the UN Recommendations, IMDG Code and ICAO

Technical Instructions'' and Docket HM-217, ``Labeling Requirements for

Poisonous Materials.'' By this action, Docket HM-217 is incorporated

under Docket HM-215C and is terminated as a separate rulemaking action.

This preamble discusses each rulemaking, including comments received to

Docket HM-217.

II. 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

UN Committee of Experts and are distributed to nations throughout the

world. They serve as the basis for national, regional, and

international modal regulations (specifically the IMDG Code, issued by

the International Maritime Organization (IMO), and the ICAO Technical

Instructions, issued by the ICAO Dangerous Goods Panel). In 49 CFR

171.12, the HMR authorize hazardous materials 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 (subject to certain conditions and limitations).

On December 29, 1994, RSPA issued a final rule [Docket HM-215A; 59

FR 67390] amending the HMR by incorporating changes to more fully align

the HMR with the seventh and eighth revised editions of the UN

Recommendations, Amendment 27 to the IMDG Code and the 1995-96 ICAO

Technical Instructions. The final rule provided consistency with

international air and sea transportation requirements which became

effective January 1, 1995.

On May 6, 1997, RSPA issued a final rule [Docket HM-215B; 62 FR

24690] amending the HMR by incorporating changes to more fully align

the HMR with the ninth revised edition of the UN Recommendations,

Amendment 28 to the IMDG Code and the 1997-1998 ICAO Technical

Instructions. The final rule provided consistency with international

air and sea transportation requirements which became effective January

1, 1997.

This NPRM proposes changes to the HMR based on the tenth revised

edition of the UN Recommendations, the 1999-2000 ICAO Technical

Instructions, and Amendment 29 to the IMDG Code. In addition, petitions

for rulemaking pertinent to harmonization with international standards

and the facilitation of international transportation were considered.

Proposed changes on the basis of these petitions are also incorporated

in this NPRM. It is intended to more fully align the HMR with

international air and sea transport requirements which become effective

on January 1, 1999. Other proposed changes are based on feedback from

the regulated industry and RSPA initiatives.

Background on HM-217

During its seventeenth session (December 7-16, 1992), UN Committee

of Experts adopted amendments to be incorporated into the eighth

revised edition of the UN Recommendations.

[[Page 44313]]

These amendments were incorporated in Amendment 27 of the IMDG Code and

the 1995-1996 ICAO Technical Instructions effective January 1, 1995.

Previously, the UN Recommendations specified two different labels to

identify materials that meet the toxicity criteria for Division 6.1. A

label incorporating a skull and crossbones symbol was used for any

material which poses a high (Packing Group I) or medium (Packing Group

II) danger. This label, which is referred to as the POISON label, is

described in 49 CFR 172.430. For any material with a low toxicity

danger (Packing Group III), a label incorporating an ear (stalk) of

wheat with an ``X'' through it was prescribed. This label, which is

referred to as the KEEP AWAY FROM FOOD label, is described in

Sec. 172.431.

Consistent with the decision of the UN Committee of Experts, the

requirement for a KEEP AWAY FROM FOOD label was removed from the eighth

revised edition of the UN Recommendations. As a result, packagings

containing Division 6.1 Packing Group III materials offered for

transport in international commerce must bear a POISON or TOXIC label

(known as the toxic substances label in the UN Recommendations). Based

on the amendments to the eighth revised edition of the UN

Recommendations, the ICAO Technical Instructions, the IMDG Code, and

national and regional regulations applicable in countries other than

the United States (e.g., Mexico and European countries) now require the

use of the POISON label for substances meeting the criteria for

Division 6.1 Packing Group III. The UN Recommendations, the ICAO

Technical Instructions and IMDG Code also replaced the term ``poison''

with the term ``toxic.'' Docket HM-215A authorized the interchangeable

use of either ``toxic'' or ``poison'' (or ``poisonous'') for domestic

transportation to provide greater flexibility.

RSPA first requested public comment on the substitution of the

POISON label for the KEEP AWAY FROM FOOD label on September 2, 1992, in

Notice 92-8; International Standards on the Transport of Dangerous

Goods; Request for Comments [57 FR 40247]. The advance notice of

proposed rulemaking (ANPRM) was issued to assist in developing the

United States' position at the seventeenth session of the UN Committee

of Experts held on December 7-16, 1992, in Geneva, Switzerland. The

primary concern expressed by RSPA in the September 2, 1992, ANPRM was

that the KEEP AWAY FROM FOOD label and the optional text on the label

were misleading. RSPA was concerned that the label inaccurately implied

that materials meeting Division 6.1 Packing Group III toxicity criteria

pose a risk only of food contamination, and that the label did not

communicate other hazards such as oral, dermal, and inhalation toxicity

risks. In addition, RSPA noted that the label could best be

characterized as a handling label rather than a hazard communication or

warning label.

An in-depth explanation of the issues leading up to the question of

whether to amend the UN Recommendations by requiring the POISON label

in lieu of the KEEP AWAY FROM FOOD label was provided in the ANPRM.

RSPA received comments from the Hazardous Materials Advisory Council

(HMAC), the Association of American Railroads, the Chemical Specialties

Manufacturers Association (CSMA), and a multi-national chemical

company. All four commenters opposed the removal of the KEEP AWAY FROM

FOOD label, citing the negative perception and operational constraints

placed on packages bearing the POISON label or placard. HMAC and CSMA

suggested adoption of a more appropriate pictogram to distinguish

Division 6.1 Packing Group III materials from those Division 6.1

Packing Group I and II materials that pose a more significant danger.

In the final rule issued under Docket HM-215A, RSPA noted that the

issue of removing the KEEP AWAY FROM FOOD label would be addressed

under Docket HM-217.

In the ANPRM to Docket HM-217, [HM-217; 58 FR 59224], RSPA stated

that if the HMR were amended to remove the KEEP AWAY FROM FOOD label, a

POISON label would be required on packagings containing Division 6.1

Packing Group III materials. Consistent with these changes, a bulk

packaging, freight container, unit load device, transport vehicle, or

rail car containing a Division 6.1 Packing Group III material that is

required to be placarded would be required to display POISON placards.

RSPA stated that if such changes were adopted, the HMR would not

impose more severe operational requirements on Division 6.1 Packing

Group III materials and current operational exceptions would be

retained. Therefore, amendments to certain modal requirements would be

necessary. For example, Secs. 174.680, 175.630, 176.600 and 177.841

contain differing operational requirements for packages bearing a

POISON label or a KEEP AWAY FROM FOOD label.

Summary of Comments to HM-217

In the ANPRM, RSPA requested comments in response to the following

questions:

1. The STOW AWAY FROM FOODSTUFFS instruction on the Division 6.1

Packing Group III label is also an appropriate instruction for Division

6.1 Packing Group I and Packing Group II materials. Should this label

be retained and required as an additional label for all Division 6.1

materials, independent of packing group?

2. Other than the current labeling provisions, which distinguish

Division 6.1 Packing Group I and Packing Group II materials from

Packing Group III materials, are there other effective means (e.g., a

package marking or shipping paper notation) that may be used to

facilitate compliance with the applicable operating and handling

requirements?

3. If the KEEP AWAY FROM FOOD label is removed and the POISON label

is required for Packing Groups I, II and III, should the Packing Group

III label be altered in some manner so that packagings containing

Division 6.1 Packing Group III materials can be distinguished from

Packing Group I and II materials? If so, please provide examples.

Should the use of such an altered label be required or optional?

4. What costs would be incurred by industry (e.g., operational and

handling costs) if a POISON label and placard are required for packages

containing Division 6.1, Packing Group III materials?

RSPA received nearly 40 comments to the ANPRM. Comments were

received from chemical manufacturers and distributors, chemical trade

associations, highway carriers, highway and rail carrier associations

and the Department of Energy.

Most comments indicated that use of a POISON label for Division 6.1

Packing Group III materials greatly overstates the dangers of these

materials. Several commenters claimed these materials pose a minimal

safety risk in transportation. One commenter stated that end users

would prefer products that do not bear a POISON label, because it would

be very difficult for customers to understand that the addition of a

POISON label on a package was not due to an increase in the material's

hazard.

Commenters also cited higher motor carrier rates, special packaging

required by some carriers, additional segregation in warehouses, and

refusal by carriers to transport a package bearing a POISON label. The

American Trucking

[[Page 44314]]

Associations, Inc. noted several areas of concern, including employee

training to identify products, confusion caused by use of the POISON

label, and disruption of present shipping and transport practices,

particularly for less-than-truckload shipments. Several commenters

urged RSPA to revisit this issue at the international level. COSTHA,

Inc. encouraged RSPA to maintain the status quo with regard to poison

labeling for domestic shipments until both the UN and DOT have

completed work with regard to globally harmonized cut-off values for

defining acute oral toxicity of liquids and solids in Packing Group

III.

HMAC maintained that without some method to distinguish between

materials in Packing Group I and Packing Group II and those in Packing

Group III, carrier or enforcement personnel will have no way to

identify these materials even if stowage and segregation requirements

are less stringent for Packing Group III materials. HMAC did not favor

any delayed compliance or enforcement of this rule and added that a

rulemaking action could not be fully developed without considering

proposed food safety regulations and future revisions to toxicity

levels.

Finally, if a POISON label requirement is adopted, many commenters

requested a one to two-year transition period to implement the change.

Commenters indicated the need for a sufficient length of time to re-

train employees, deplete the inventory of existing packages labeled

KEEP AWAY FROM FOOD, and deplete existing stocks of labels and

placards.

Subsequent to the close of the ANPRM's comment period, RSPA

received correspondence from U.S. companies engaged in the

international transportation of Division 6.1, Packing Group III

materials. International regulations now mandate the use of the POISON

label for Division 6.1 Packing Group III materials. These companies

currently must maintain two sets of inventory. One inventory is labeled

POISON for international shipments and the other inventory is labeled

KEEP AWAY FROM FOOD for domestic transportation. Alternatively, they

may label all packages with the POISON label for either domestic or

international transportation, as authorized in the final rule under

Docket HM-215A. However, these commenters expressed concern that if a

company chooses to maintain one set of inventory bearing the POISON

label, more restrictive operational requirements are imposed, thereby,

increasing costs.

Because RSPA believes that the POISON label better represents the

toxicity hazard of materials that are toxic at the Packing Group III

level, RSPA is proposing adoption of the POISON label for these

materials. The KEEP AWAY FROM FOOD label could best be described as a

handling label, not as a hazard warning label. The ear (stalk) of wheat

with an ``X'' and the words ``HARMFUL, STOW AWAY FROM FOODSTUFFS''

imply that a material in a package bearing this label poses a limited

hazard only to food. For a material assigned to Division 6.1, Packing

Group III on the basis of acute oral toxicity, the label fails to

clearly convey a message of danger through direct oral ingestion. In

addition to oral toxicity, materials are assigned to Division 6.1,

Packing Group III on the basis of dermal toxicity and inhalation

toxicity by vapors and by dusts and mists. The KEEP AWAY FROM FOOD

label clearly fails to convey these skin absorption and inhalation

hazards.

Adoption of the POISON label will maintain alignment with

international standards and facilitate the transportation of Division

6.1 Packing Group III materials in international commerce. RSPA

believes that concerns expressed by commenters can be alleviated

through gradual implementation of the POISON label and placard

requirements and maintenance of existing operational exceptions

applicable to Division 6.1, Packing Group III materials.

In response to commenters' concerns indicating that ``POISON'' or

``TOXIC'' on a hazard warning label will overstate the hazard of these

materials and will result in increased costs, RSPA is proposing to

authorize use of the text ``PG III'' on the POISON hazard warning label

as an option to ``POISON'' or ``TOXIC.'' The placement of ``PG III'' on

the label would be below the center of the label, consistent with the

display of ``POISON'' or ``TOXIC''. Since provisions in international

regulations permit the insertion of text indicating the nature of the

risk, RSPA believes a POISON or TOXIC label displaying ``PG III'' as

text is acceptable in international transportation. The following is an

illustration of the modified label:

BILLING CODE 4910-60-P

[[Page 44315]]

[GRAPHIC] [TIFF OMITTED] TP18AU98.000

BILLING CODE 4910-60-C

[[Page 44316]]

Current operational requirements in 49 CFR Parts 174 through 177

for Division 6.1 Packing Group III materials would be retained for

labels displaying ``PG III'' text. This would allow less restrictive

stowage or separation from foodstuffs for these materials. However, if

a package containing a Division 6.1 Packing Group III material bears a

POISON or TOXIC label not displaying ``PG III'' text, the package would

be subject to more stringent segregation requirements.

This proposal is responsive to those who favor harmonization with

international requirements because a POISON label with text indicating

risk and handling precautions is authorized under international

labeling requirements for Division 6.1 Packing Group III materials. An

extended transition period should minimize costs by permitting existing

stocks of KEEP AWAY FROM FOOD labels and placards to be depleted,

gradually reducing the inventory of packages bearing a KEEP AWAY FROM

FOOD label, and allowing training in the new requirements to be

accomplished as part of the required three-year recurrent training

cycle. Maintaining flexible operational requirements for these

materials will preclude the need for special packagings, carriers will

be more amenable to accepting shipments, and additional truckload

shipments will be avoided by requiring separation from foodstuffs

rather than loading on separate vehicles.

III. Overview of Proposed Changes in This NPRM

Proposed amendments to the HMR in this notice include:

--Addition of a new approval provision to allow use of recycled

plastics material for the manufacturing of plastic drums and jerricans.

--Amendments to the Hazardous Materials Table (HMT) which would add,

revise or remove certain proper shipping names, hazard classes, packing

groups, special provisions including portable tank requirements,

packaging authorizations, bulk packaging requirements, and passenger

and cargo aircraft maximum quantity limitations.

--Addition, removal and revision of certain entries to the List of

Marine Pollutants.

--Addition, removal and revision of new special provisions including

one new special provision to deregulate cotton under specific

conditions.

--Amendment of the n.o.s. and generic proper shipping names which are

required to be supplemented with technical names in association with

the basic description.

--Incorporation of provisions authorizing the reconditioning of

packagings other than metal drums.

--Incorporation of four new shipping descriptions to more clearly

describe internal combustion engines and vehicles powered by flammable

liquid and flammable gas fuels.

--Elimination of the KEEP AWAY FROM FOOD label for poisonous materials

in Division 6.1, Packing Group III. Requiring the use of a POISON or

TOXIC label on packagings containing materials meeting the toxicity

criteria for poisonous materials in Division 6.1, Packing Group III.

Allowing optional text on the POISON or TOXIC label to read ``PG III.''

--Amendment of periodic inspection requirements for portable tanks and

IBCs which are intended for the transport of a single material.

--Addition of requirements for limited quantity packagings containing

fragile inner packagings.

--Incorporation of an exception for certain shock absorbers, struts,

gas springs and shocks and other automobile energy absorbing articles.

--Amendment of IBC repair, qualification and maintenance requirements.

IV. Summary of Regulatory Changes by Section

Part 171

Section 171.7

RSPA proposes to update the incorporation by reference for four

American Society of Mechanical Engineers (ASTM) standards, one American

Pyrotechnics Association (APA) standard, one Department of Defense

(DOD) standard, the ICAO Technical Instructions, the IMDG Code and the

UN Recommendations. One new incorporation by reference would be added

under the International Organization for Standardization (ISO).

``ASTM D 3278-95 Standard Test Methods for Flash Point of Liquids

by Setaflash Scale Closed-Cup Apparatus'' would be updated to the 1996

edition. ``ASTM D56-93 Standard Test Method for Flash Point by Tag

Closed Tester,'' ``ASTM D93-94 Standard Test Method for Flash Point by

Pensky-Martens Closed Cup Tester'' and ``ASTM D3828-93 Standard Test

Method for Flash Point by Small Scale Closed Tester'' would be updated

to the 1997 editions. The updates would reflect the latest revisions to

the standards which are used for the classification of Class 3

flammable liquids in Secs. 173.120 and 173.121. ``APA Standard 87-1,

Standard for Construction and Approval for Transportation of Fireworks,

Novelties, and Theatrical Pyrotechnics'' would be updated to the

January 23, 1998 version which would bring the standards up-to-date

with current industry practices. ``DOD TB 700-2; NAVSEAINST 8020.8;

AFTO 11A-1-47; DLAR 8220.1: Explosives Hazard Classification

Procedure'' would be updated to the January 1998 edition. RSPA has

reviewed the updated standards and has concluded that no major

technical amendments have been incorporated into these standards.

References to the ICAO Technical Instructions would be updated to

the 1999-2000 edition, the IMDG Code would be updated to Amendment 29

and the UN Recommendations would be updated to the tenth revised

edition.

Finally, consistent with the proposed addition of a new special

provision for the entry ``Cotton,'' NA1365, ``ISO 8115, Cotton Bales--

Dimensions and Density, 1986 Edition'' would be added to the table of

material incorporated by reference. (See proposed amendments to the

Hazardous Materials Table.)

Section 171.11

Paragraph (d)(4)(ii) requires a hazardous material being

transported in accordance with the ICAO Technical Instructions to

include on the shipping papers an indication that the shipment is being

made in accordance with Sec. 171.11 or include the letters ``ICAO.''

RSPA is proposing to change this requirement from a mandatory

requirement to a recommendation by changing the word ``must'' to

``should'' each place it appears in paragraph (d)(4)(ii). Paragraph

(d)(14) would be revised for consistency with Sec. 173.306(a)(1) which

allows an exception from the HMR for certain aerosols in containers of

not more than four fluid ounces.

Section 171.12

Paragraph (b)(15) would be revised to include references to

Sec. 171.12a(b)(13). Paragraph (b)(17) would be revised for consistency

with Sec. 173.306(a)(1) which allows an exception from the HMR for

certain aerosols in containers of not more than four fluid ounces.

Section 171.12a

Paragraph (b)(13) would be revised to provide reciprocity for

certain Canadian specification cylinders to be transported within the

United States. Canada's cylinder specifications contained in the

Transportation of Dangerous Goods (TDG) Regulations and prior to that

in the Canadian Transport Commission

[[Page 44317]]

Regulations for the Transportation of Dangerous Commodities by Rail

(CTC) were identical to the DOT specifications. Only after the

implementation of the DOT's foreign approval program and Transport

Canada's (TC) recent changes to implement standards harmonizing the

international regulations were there any restrictions placed on the

free movement of CTC/TC and US DOT specification cylinders across the

border. RSPA has reached an agreement with Transport Canada to

establish a program for cylinders manufactured and certified in

accordance with the TDG regulations to be qualified for the

transportation of hazardous materials in the United States. These

changes would facilitate the movement of Canadian and domestic

cylinders between the United States and Canada. Transport Canada has

agreed to make similar amendments in the TDG Regulations.

Paragraph (b)(16) would be revised for consistency with

Sec. 173.306(a)(1) which allows an exception from the HMR for certain

aerosols in containers of not more than four fluid ounces.

Section 171.14

Paragraph (f) would be revised to provide a delayed implementation

date for amendments adopted in the final rule. The effective date of

the final rule would be October 1, 1998. However, RSPA would authorize

an immediate voluntary compliance date to allow shippers to prepare

their international shipments in accordance with the new ICAO, IMDG

Code and HMR provisions. RSPA would also authorize a delayed mandatory

compliance with the new requirements until October 1, 1999. This delay

would be comparable to the transition provisions provided in the final

rule under Docket HM-215B and offers a sufficient phase-in period to

implement new provisions and deplete current stocks of shipping papers,

labels, placards and containers affected by the new requirements. In

addition, paragraph (d)(2) would permit intermixing of old and new

hazard communication requirements until October 1, 1999. Based on its

own initiative and comments provided in petitions, RSPA is also

proposing an extended delayed implementation period for use of the

POISON/TOXIC label for Division 6.1, Packing Group III materials and

allowing continued use of the KEEP AWAY FROM FOODSTUFFS label until

October 1, 2003.

Part 172

Section 172.101

In RSPA's ongoing effort to improve and simplify the HMR, a new

symbol, the asterisk (*), would be added to Sec. 172.101(b). The new

symbol would denote the n.o.s. and generic proper shipping names which

are required to be supplemented with the technical name of the

hazardous material in parentheses and in association with the basic

description. Currently, these proper shipping names are listed in

Sec. 172.203(k)(3). As a result of the proposed change, paragraph

(k)(3) would be removed. In addition, RSPA is proposing to add and

remove certain proper shipping names concerning this requirement for

consistency with the tenth revised edition of the UN Recommendations.

(See Sec. 172.203 preamble discussion.)

The Hazardous Materials Table (HMT)

Proposed amendments to the HMT for the purpose of harmonizing with

the tenth revised edition of the UN Recommendations would include the

following:

The ``+'' would be added to Column 1 to fix the proper shipping

name, hazard class and packing group for the entries, ``Aminophenols

(o-;m-;p-;),'' ``Chlorodinitrobenzenes,'' ``Dichloroanilines, liquid,''

``Dichloroanilines, solid,'' ``o-Dichlorobenzene,'' ``N,N-

Diethylaniline,'' ``Epichlorohydrin,'' ``Nitroanilines (o-;m-;p-;),''

``Nitroanisole,'' ``Nitrobenzene,'' ``Nitrophenols (o-;m-;p-;),''

``Phenetidines,'' ``Phenylenediamines (o-;m-;p-;),'' ``Toluene

diisocyanate,'' ``Toluidines, liquid'' and ``Toluidines, solid.'' This

proposed action would align the HMR with the UN Recommendations which

uses Special Provision 279 to indicate materials which are classified

on the basis of human experience.

Various other changes to the HMT include the following:

A number of hazardous materials proper shipping names would be

revised, including the deletion of the word ``commercial'' from the

entries, ``Charges, shaped, commercial, without detonator,'' (UN 0059,

0439, 0440 and 0441), the revision of the entry ``Amyl alcohols'' to

``Pentanols'' and the revision of the entry ``Dithiocarbamate

pesticides, liquid, toxic'' to ``Thiocarbamate pesticide, liquid,

toxic.''

For entries such as ``Aluminum alkyls'' and ``Sodium nitrite,'' the

subsidiary risks would be revised.

The entries, ``Aviation regulated liquid, n.o.s.'' and ``Aviation

regulated solid, n.o.s.'' would be added for alignment with the ICAO

Technical Instructions and the UN Recommendations.

The entry ``Wheel chair, electric'' would be removed as an

acceptable proper shipping name. ``Wheel chair, electric'' would only

be maintained as a ``see entry'' for purposes of referring users of the

HMR to the proper shipping name ``Battery powered equipment.''

For materials such as ``Chlorosilanes, corrosive, n.o.s,'' Column 7

would be revised to reflect the alignment of the portable tank

assignments with those in the UN Recommendations.

For the entry, ``Plastic molding compounds in dough, sheet or

extruded rope form evolving flammable vapor.'' to correct an error, the

non-bulk authorization reference would be amended by revising the

reference to read ``221.'' In addition, Sec. 173.221 would be amended

to authorize bulk packagings. The packaging authorization for the

entry, ``Polymeric beads, expandable, evolving flammable vapor.'' would

also be revised to read ``221.'' (See Sec. 173.221 for additional

discussion.)

For the entries, ``Batteries, wet, filled with acid, electric

storage'' and ``Batteries, wet, filled with alkali, electric storage,''

RSPA proposes to increase the passenger aircraft quantity limitation

from 25 kg gross mass to 30 kg gross mass. This proposed change is

consistent with the amendments to the 1999-2000 edition of the ICAO

Technical Instructions.

RSPA received a petition (P-1316), requesting that under certain

conditions baled cotton which does not meet the criteria of any hazard

class should be excepted from the requirements of the HMR. In response

to this petition, RSPA is proposing to add a new special provision for

NA1365, ``Cotton'' (dry), indicating that it is not subject to the

requirements of the HMR when it is baled in accordance with ISO 8115,

``Cotton Bales--Dimensions and Density'' to a density of at least 360

kg/m3 (22.4lb/ft3) and it is transported in a

freight container or closed transport vehicle. This is consistent with

a decision taken by the International Maritime Organization and a

subsequent competent authority approval issued by RSPA.

Based on its own initiative, RSPA is proposing that the entry,

``Dangerous goods in machinery or Dangerous goods in apparatus'' be

included in the HMT. This entry was adopted in the ICAO Technical

Instructions to provide an exception from the UN packaging

[[Page 44318]]

performance tests for equipment, machinery or apparatus containing

small quantities of hazardous materials. RSPA believes this entry is

useful for transport by all modes of transportation and provides a more

practical means of describing machinery or apparatus containing small

quantities of hazardous materials when the machinery or apparatus is

not specifically listed in the HMT. Although this shipping description

has not been adopted by the UN Committee of Experts on the Transport of

Dangerous Goods, RSPA expects that the Committee will adopt this entry

and assign it a new UN number in the eleventh revised edition of the UN

Recommendations. RSPA will include the UN number assignment in the

final rule if it is assigned after publication of this NPRM. In this

NPRM, RSPA is proposing the assignment of a North American (NA8001)

identification number in the interim.

For purposes of the Government Printing Office's typesetting

procedures, readers should be aware that for certain entries in the

HMT, such as those with revised proper shipping names, the change may

appear as a removal and addition, as opposed to a revision of the

regulatory text in the Column (2) changes. Readers should review all

changes appearing in the Sec. 172.101 regulatory text for a complete

view of the proposed changes.

Appendix B to Sec. 172.101

A number of materials would be added, removed or amended in the

HMR's List of Marine Pollutants. The proposed amendments are consistent

with the marine pollutants identified in Amendment 29 to the IMDG Code.

Included is the proposed removal of ``Nitrates, inorganic, n.o.s.''

which is based on a petition (P-1311).

Section 172.102

Eleven new special provisions would be added and one removed for

consistency with the tenth revised edition of the UN Recommendations;

three obsolete special provisions would be removed; and two would be

editorially revised as follows:

Special Provision 43 would be revised by adding an exception for

certain nitrocellulose membrane filters. The exception is consistent

with the 1999-2000 edition of the ICAO Technical Instructions.

Special Provision 125 would be revised to correct an editorial

error for the percentages of phlegmatizers in mixtures.

A new special provision 129 would be assigned to the proposed new

entry, ``Nitroglycerin mixture, desensitized, liquid, flammable, n.o.s.

with not more than 30% nitroglycerin, by mass.'' to require that the

material's classification, transportation, packing group assignment and

packaging must be approved by the Associate Administrator for Hazardous

Materials Safety.

A new special provision 130 would be added for the entry,

``Battery, dry, not subject to the requirements of this subchapter'' to

identify conditions that must be met in order to be excepted from the

HMR.

A new special provision 131 would be assigned to the proposed new

entry, ``Flammable solid, oxidizing, n.o.s.,'' (Packing Groups II and

III), to prohibit the material from being offered for transportation

unless approved by the Associate Administrator for Hazardous Materials

Safety.

A new special provision 132 would be added for the proper shipping

name, ``Ammonium nitrate fertilizers,'' UN2071. The special provision

would allow this material to be excepted from the requirements of the

HMR provided a UN trough test (Section 38, UN Manual of Test and

Criteria) demonstrates that the material is not liable to self-

sustaining decomposition, and that the material does not contain an

excess of nitrate greater than 10% by mass. This material is currently

only regulated for transportation by air and water modes.

A new special provision 133 would be added for the proposed new

entry, ``Air bag inflators, compressed gas or Air bag modules,

compressed gas or Seat-belt pretensioners, compressed gas,'' to clarify

which articles should be transported under these shipping descriptions.

The special provision would also provide conditions for packaging and

design of these articles.

A new special provision 134 would be added for the entry ``Battery-

powered vehicle or Battery-powered equipment'' to identify the entry as

being used for battery-powered equipment or vehicles.

A new special provision 135 would be added for the proposed new

entries, ``Engines, internal combustion, flammable gas powered,''

``Engines, internal combustion, flammable liquid powered,'' ``Vehicle,

flammable gas powered,'' and ``Vehicle, flammable liquid powered'' to

indicate the appropriate shipping description to be used when internal

combustion engines are installed in a vehicle.

A new special provision 136 would be added for the proposed new

entry, ``Dangerous goods in machinery or Dangerous goods in

apparatus.'' The special provision clarifies the restrictions and

exceptions for transporting hazardous materials under the new entry.

A new special provision 137 would be added for the entry,

``Cotton,'' NA1365. See discussion under The Hazardous Materials Table

(HMT).

A new special provision 138 would be added for the entry, ``Lead

compounds, soluble, n.o.s.'' This special provision would clarify the

definition for soluble lead compounds.

A new special provision A35 would be added for the proposed new

entries, ``Aviation regulated liquid, n.o.s.'' and ``Aviation regulated

solid, n.o.s.,'' to clarify that the proper shipping names include any

substance not meeting any of the other hazard classes, but which has

certain properties that could cause extreme annoyance or discomfort in

the event of spillage or leakage aboard aircraft to crew members so as

to prevent their performance of duties.

Special Provision 17 applies to the entry, ``Hydrogen peroxide,

aqueous solutions with not less than 8 percent but less than 20 percent

hydrogen peroxide (stabilized as necessary).'' Special Provision 17

would be deleted because the information it contains is duplicative

with the italicized portion of the proper shipping name.

Special Provision 20 would be removed because it no longer is used

for any entries in the HMT.

Special Provision 104 would be removed for consistency with the UN

Recommendations.

Based on a comment received by RSPA, Special Provision B101 would

be editorially revised to clarify that when intermediate bulk

containers are used, only those constructed of metal are authorized.

RSPA agrees with the commenter that the present wording is confusing

and can be intrepreted to mean that metal IBCs are the only authorized

packagings.

Special Provision N9 applies to the entry, ``Cotton waste, oily,''

UN1364. Special Provision N9 would be deleted consistent with the

deletion of Special Provision 34 in the tenth revised edition of the UN

Recommendations.

Section 172.203

In Sec. 172.203, paragraph (k) would be revised to reflect the

proposed means of identifying n.o.s. and generic names (see

Sec. 172.101) and paragraph (k)(3) would be removed and paragraph

(k)(4) would be redesignated (k)(3). This proposed action would be a

result of the proposed amendment to Sec. 172.101(b) which would add a

new symbol (the asterisk) to the HMT for the assignment to n.o.s. and

generic proper shipping names requiring technical names.

[[Page 44319]]

Approximately 19 new proper shipping names are being proposed, in this

NPRM, to be required to be supplemented with a technical name. These

additions are consistent with the UN Recommendations. There are

approximately 99 proper shipping names currently required to be

supplemented with a technical name in the UN Recommendations that, in

the opinion of RSPA, do not warrant requiring a supplementary technical

name. The majority of these are pesticides with proper shipping names

which RSPA believes are sufficiently descriptive. RSPA believes that

requiring these proper shipping names to be supplemented with technical

names adds minimal value for emergency response purposes while

introducing an unwarranted burden on the shipper. The proposed actions

would simplify the use and reduce the volume of the HMT, as well as

align it with international requirements. (See preamble discussion

under Sec. 172.101.)

Sections 172.400, 172.400a, 172.405, 172.407

RSPA is proposing revisions to the labeling requirements for

Division 6.1 Packing Group III materials. RSPA issued an ANPRM on

November 8, 1993, under Docket HM-217, [58 FR 59224] addressing changes

to Division 6.1, Packing Group III labeling requirements consistent

with an amendment incorporated in the eighth revised edition of the UN

Recommendations. Because RSPA believes that the POISON label better

represents the toxicity hazard of materials that are toxic at the

Packing Group III level, RSPA is proposing adoption of the POISON label

requirement for these materials. The KEEP AWAY FROM FOOD label could

best be described as a handling label, not as a hazard warning label.

The ear (stalk) of wheat with an ``X'' and the words ``HARMFUL, STOW

AWAY FROM FOODSTUFFS'' imply that a material in a package bearing this

label poses a limited hazard only to food. For a material assigned to

Division 6.1, Packing Group III on the basis of acute oral toxicity,

the label fails to clearly convey a message of danger through direct

oral ingestion. Paragraph (f)(10) in Sec. 172.405 would be revised to

reflect that a label for a Division 6.1 Packing Group III material may

be modified to display the text ``PG III'' below the mid-line of the

label, instead of ``TOXIC'' (``POISON''). Section 172.407 is revised to

add the lettering size requirements for SPONTANEOUSLY COMBUSTIBLE and

DANGEROUS WHEN WET labels.

Section 172.431

This section would be removed and reserved, thereby deleting the

specifications for the KEEP AWAY FROM FOOD label and placard.

Section 172.504

Consistent with the proposed changes in Secs. 172.400, 172.400a,

172.405 and 172.407, in the paragraph (e) Table 2, the entry for

Division 6.1, Packing Group III would be removed and the entry for

Division 6.1, Packing Group I or II, other than Zone A or B inhalation

hazard would be revised. Paragraph (f)(10) would be revised to reflect

that a placard for Division 6.1, PG III material may be modified to

display the text ``PG III'' below the mid-line of the placard.

Section 172.553

This section would be removed and reserved, in line with

Sec. 172.431 to delete the specifications for the KEEP AWAY FROM FOOD

label and placard.

Part 173

Section 173.1

For uniformity with other references in the HMR, the reference to

the ``Recommendations of the United Nations Committee of Experts on the

Transport of Dangerous Goods'' in paragraph (d) is revised to read ``UN

Recommendations.''

Section 173.2a

The Sec. 173.2a, paragraph (b) Precedence of Hazard Table would be

revised to align it with the UN Recommendations. Currently, there are

two differences between the UN Precedence of Hazard Table and the HMR

Precedence of Hazard Table. The differences involve, (1) the

combination of a Division 4.3, Packing Group II material and a Class 8,

Packing Group II material, and (2) a Division 5.1, Packing Group II

material and a Class 8, Packing Group II material. Consistent with the

UN Recommendations, RSPA proposes to revise these entries by having the

Division 4.3, Packing Group II hazard and the Division 5.1, Packing

Group II hazards take precedence over the Class 8 Packing Group II

hazard.

Section 173.25

Paragraph (b) would be revised to authorize shrink-wrapped or

stretch-wrapped trays as outer packagings only if the inner packagings

are not fragile, liable to break or be easily punctured (such as those

made of glass, porcelain, stoneware or certain plastics). On the basis

of this provision, RSPA is proposing to remove the requirement for

these packages to meet the PG III performance standards. These proposed

changes would be consistent with amendments adopted in the ninth and

tenth revised editions of the UN Recommendations.

Section 173.28

Paragraph (c)(2) would be revised and a new paragraph (c)(5) would

be added to authorize the reconditioning of packagings other than metal

drums. This revision is consistent with amendments adopted in the tenth

revised edition of the UN Recommendations.

Section 173.29

In Sec. 173.29, paragraph (b)(2)(iv)(B) would be revised to clarify

that a non-flammable gas other than anhydrous ammonia, no longer

meeting the defining criteria because of reduced pressure, is not

subject to the HMR. Currently, Sec. 173.29 references an absolute

pressure less than 276 kPa (40 psia); at 21 deg.C (70 deg.F). The

absolute pressure would be corrected to read ``less than 280 kPa (40.6

psia) at 20 deg.C (68 deg.F)'' for consistency with the absolute

pressure reference in Sec. 173.115(b).

Section 173.32b

Consistent with an amendment adopted in the tenth revised edition

of the UN Recommendations, a new sentence would be added to paragraph

(b)(1) to allow for the internal inspection to be waived or substituted

by other test methods or inspection procedures for tanks transporting a

single substance (dedicated service), subject to approval by the

Associate Administrator for Hazardous Materials Safety.

Section 173.32c

Paragraph (j) would be revised for consistency with the UN

Recommendations to allow IM portable tanks which are filled to less

than 20% of their capacity, to be offered for transportation.

Currently, the HMR prohibit any portable tank or tank compartment

having a volume greater than 7,500 liters, which is filled to less than

80% of capacity, from being offered for transportation.

Section 173.35

Consistent with the UN Recommendations, the prohibition of the

reuse of fiberboard, wooden and some flexible IBCs would be eliminated.

However, based on RSPA's own safety concerns, RSPA is proposing to

maintain the reuse restriction for multiwall paper flexible IBCs (13M1

and 13M2).

[[Page 44320]]

Section 173.56

In paragraphs (b)(2)(i) and (b)(3)(i), the reference to a DOD

incorporation by reference document would be updated by removing an

outdated edition date. A corresponding change with the updated edition

date is proposed under Sec. 171.7.

Section 173.59

Consistent with amendments adopted in the tenth revised edition of

the UN Recommendations and consequential proposed amendments to the

HMT, the word ``commercial'' would be deleted from the proper shipping

names, ``Charges, shaped, commercial, without detonator.'' in this

section. RSPA believes that the word ``commercial'' does not add

information which could be useful to emergency responders.

Section 173.121

Paragraph (b) would be amended to align it with the UN

Recommendations based on a decision taken by the UN Committee of

Experts at its nineteenth session. Paragraph (b) provides an exception

for viscous flammable liquids such as paints, enamels, varnishes,

adhesives and polishes with a flash point of less than 23 deg.C to be

classified as PG III materials, provided the material does not contain

any substance with a primary or subsidiary risk of Division 6.1 or

Class 8. In the ninth revised edition, the UN Committee of Experts

included an exception which authorized mixtures containing not more

than 5% of substances in Packing Group I or Packing Group II of

Division 6.1 or Class 8, or not more than 5% of substances in Packing

Group I of Class 3 requiring a Division 6.1 or Class 8 subsidiary label

to be reclassified in PG III in the Recommendations. This exception was

not adopted by ICAO or IMO based in part on proposals submitted by

RSPA. RSPA believes the proposed amendment enhances safety while

simplifying the classification provisions in Sec. 173.121.

Section 173.159

In Sec. 173.159(g)(2), RSPA proposes to authorize additional

packagings for electrolyte, acid or alkaline corrosive battery fluid

included with storage batteries and filling kits. RSPA received a

petition (P-1313) which stated that the corrosive attack to steel is

slight and that steel drums and steel boxes have a structural integrity

that exceeds the presently authorized plywood and wooden boxes. RSPA

agrees and proposes to revise paragraph (g)(2) to reflect the

authorization of steel drums and steel boxes by authorizing strong

outer packagings which conform to military specifications, as opposed

to only wooden boxes. RSPA is interested in comments or proposals for

simplifying the packaging requirements in Sec. 173.159 and the need to

allow additional packagings such as plastic packagings.

Section 173.162

In Sec. 173.162, the packaging requirements for gallium would be

revised by affording shippers more flexibilty in packaging alternatives

while providing an adequate level of safety. The revision would be

consistent with the IMDG Code which currently includes more packaging

alternatives for transporting gallium than does the HMR.

Section 173.164

In Sec. 173.164, in paragraph (a), the limitation of not more than

3.5 kg (7.7 pounds) capacity for quicksilver flasks would be replaced

with 35 kg (77 pounds). This action would correct an editorial error

and bring the quantity in line with ICAO. Paragraph (c) would also be

revised to correct an editorial error by removing the 100 mg quantity

limitation for mercury in manufactured articles or apparatuses.

Paragraph (c) applies to exceptions from specifications packaging

requirements.

Section 173.196

In Sec. 173.196, paragraph (a)(iii) indicates that absorbent

material must be placed between the primary receptacle and the

secondary packaging. Consistent with a decision taken by the ICAO

Dangerous Goods Panel, absorbent material is only necessary for liquid

materials. On this basis, in Sec. 173.196(a)(iii), the words ``When the

primary receptacle contains liquids'' would be inserted in the first

sentence before ``An absorbent material''.

Section 173.220

RSPA is proposing amendments to Sec. 173.220 to include

requirements for both liquid and gas fueled vehicles consistent with

amendments adopted by ICAO in Packing Instruction 900 and the four new

shipping descriptions proposed for incorporation in the HMT for

internal combustion engines and vehicles. For editorial purposes and

clarity, specific requirements in Sec. 173.306 relevant to gas powered

vehicles and hazardous components installed in vehicles are proposed to

be consolidated in this section.

Section 173.221

In response to two petitions (P-1344 and P-1353), RSPA is proposing

to revise the packaging requirements for ``Polymeric beads, expandable,

evolving flammable vapor.'' and ``Plastic molding compound in dough,

sheet or extruded rope form evolving flammable vapor.'' while

consolidating the non-bulk and bulk packaging requirements in

Sec. 173.221. RSPA agrees with the petitioners that the packaging

requirements for these materials are overly restrictive and that bulk

packagings should be authorized for ``Plastic molding compound in

dough, sheet or extruded rope form evolving flammable vapor.''

Section 173.222

RSPA is proposing to remove Sec. 173.222 and replace it with

requirements for a proposed new entry. Since Sec. 175.10 applies to

wheelchairs transported as checked baggage and Sec. 173.220 applies to

wheelchairs transported in commerce, RSPA believes Sec. 173.222 is not

necessary. This proposed amendment is consistent with the proposal to

remove the description ``Wheel chair, electric'' in the HMT as an

acceptable proper shipping name and include it only for purposes of

referencing users of the HMR to ``Battery powered equipment,'' UN3171.

``Battery powered equipment'' is the proper shipping name used in the

ICAO Technical Instructions, IMDG Code and UN Recommendations for wheel

chair, electric.

Section 173.222 would be replaced with requirements applicable to

the proposed new entry, ``Dangerous goods in machinery or Dangerous

Goos in Apparatus.'' The proposed requirements would be consistent with

those currently in the ICAO Technical Instructions.

Section 173.225

In paragraph (b) a new organic peroxide formulation would be added

to the Organic Peroxides table consistent with the tenth revised

edition of the UN Recommendations. Various entries would be corrected

due to typographical errors. in addition, based on comments received by

RSPA, the word ``product'' would be inserted before the word

``evaluation'' in paragraph (c)(2). This proposed change would clarify

that the exception for samples applies for purposes of shipping

products for evaluation and not only for hazard classification

purposes. In addition, various changes would be made due to printing

errors.

Section 173.243

RSPA proposes to add a new paragraph (e)(3) to authorize a Class 8

subsidiary hazard, PG III to be packaged in accordance with

Sec. 173.242. In the IMDG Code, certain dual hazard

[[Page 44321]]

materials with a subsidiary hazard of Class 8, PG III are permitted in

IBCs, consistent with those specified in Sec. 173.242. Section

173.242(e) authorizes certain dual hazard materials with subsidiary

risks of Class 3, with a flash point greater than 38 deg. C, and

Division 6.1, PG III to be packaged in intermediate bulk containers

specified in Sec. 173.242. However, this exception is not applied to

dual hazard materials with subsidiary hazards of Class 8, PG III. RSPA

has issued a number of competent authority approvals consistent with

the intermediate bulk container assignments for these materials in the

IMDG Code, and on this basis, proposes to incorporate this allowance

into the HMR.

Section 173.301

RSPA is proposing to amend paragraph (i) to clarify than non-DOT

specification cylinders which are being imported into or exported from

the United States or passing through the United States, in the course

of being shipped between places outside the United States, may be

offered and accepted for transportation and transported by motor

vehicle within a single port area (including contiguous harbors) when

packaged, marked, classed, labeled, stowed and segregated in accordance

with the IMDG Code. This exception is not readily apparent in

Sec. 173.301(i) and this results in numerous inquiries by shippers and

users of the HMR.

Section 173.306

A new paragraph (f)(4) would be added to except certain

accumulators intended to function as automotive shock absorbers,

struts, energy absorbing devices or gas springs from the requirements

of the HMR if they meet certain provisions. This amendment would be

consistent with Special Provision 283 in the tenth revised edition of

the UN Recommendations as modified in a petition from the American

Automobile Manufacturers Association, (P-1335).

Paragraphs (d)(1), (d)(2), (d)(3) and (d)(4) would be moved to the

proposed revised Sec. 173.220.

Part 174

Section 174.81

The paragraph (f) Compatibility Table for Class 1 (Explosive)

Materials would be revised to allow Compatibility Group G to be loaded

and transported with Compatibility Groups C, D and E under certain

conditions. This allowance would be consistent with the Sec. 176.144(a)

Table for Authorized Mixed Stowage for Explosives aboard vessels and

with the IMDG Code. RSPA would revise the Sec. 177.848 Compatibility

Table to reflect the same allowance.

Section 174.680

Paragraph (b) would be revised to authorize separation in the same

car, rather than segregation in different cars, of Division 6.1 Packing

Group III materials from foodstuffs. The reference to the KEEP AWAY

FROM FOOD label would be removed and replace by a reference to a

modified POISON label displaying ``PG III'' text.

Part 175

Section 175.630

Paragraph (a) would be revised by removing the reference to the

KEEP AWAY FROM FOOD label.

Part 176

Section 176.76

A new paragraph (i) would be added, consistent with the Amendment

29 of the IMDG Code, to require flammable gases or liquids having a

flashpoint of 23 deg. C or less to be stowed away from possible sources

of ignition.

Section 176.83

Paragraphs (a)(1), (a)(3), (a)(8) would be revised and a new

paragraph (a)(10) would be added to clarify segregation requirements

aboard vessels. In addition, the Sec. 176.83(g) Segregation Table would

be revised for the segregation requirement ``Away From'' by revising

``No restriction'' for ``Open versus open--On deck'' to read ``At least

3 meters.'' These changes are consistent with Amendment 29 of the IMDG

Code.

Section 176.600

This section would be revised to specify that packages containing a

Division 6.1 Packing Group III material and bearing a modified POISON

label displaying the text ``PG III,'' instead of the text ``POISON'' or

``TOXIC.''

Part 177

Section 177.841

Paragraph (e)(3) would be revised to specify requirements for

separating Division 6.1 Packing Group III materials from foodstuffs,

consistent with provisions in Sec. 177.848. A Division 6.1 Packing

Group III material bearing either a primary or subsidiary POISON hazard

warning label with text displaying ``PG III'' could be transported on

the same vehicle as foodstuffs if separated to prevent commingling.

This will allow less restrictive segregation requirements for a package

bearing a label indicating ``PG III'' which contains a material meeting

only Division 6.1 Packing Group III toxicity criteria.

Section 177.848.

The paragraph (f) Compatibility Table for Class 1 (Explosive)

Materials would be revised to allow Compatibility Group C to be loaded

and transported with Compatibility Groups C, D and E under certain

conditions. This allowance would be consistent with the Sec. 176.144(a)

Table for Authorized Mixed Stowage for Explosives aboard vessels and

with the IMDG Code. RSPA would revise the Sec. 174.81 Compatibility

Table to reflect the same allowance.

Part 178

Section 178.270-3.

The reference to ISO 82-1974(E) Steels-Tensile Testing would be

revised to correct a printing error.

Section 178.509.

Paragraph (b) would be amended to authorize the use of recycled

plastic materials of known origin and characteristics for the

manufacture of UN specification plastic drums and jerricans when

approved by the Associate Administrator for Hazardous Materials Safety.

RSPA believes that use of recycled plastics should only be allowed

under an approval process until further experience and data is gathered

to support introduction of specific provisions for its use into the

HMR.

Section 178.703.

Under Docket HM-215B (62 FR 24743), RSPA added a requirement to

Sec. 178.703(b)(6)(ii) which states, ``Where the outer casing of a

composite intermediate bulk container can be dismantled, each of the

detachable parts must be marked with the month and year of manufacture

and name or symbol of the manufacturer.'' This addition was adopted

consistent with changes in the UN Recommendations. This requirement was

reconsidered by the UN Sub-committee of Experts at its fifteenth

session because IBC manufacturers asked for clarification of the term

``detachable parts.'' The Sub-committee adopted revised text to

indicate that this requirement only applies to parts intended to be

detached for dismantling. RSPA is proposing to incorporate this text in

the HMR in response to concerns raised by industry concerning the costs

associated with applying the existing HMR marking requirements.

Section 178.813.

RSPA is proposing to revise paragraph (b) to include the provision

that the inner receptacle of a composite IBC may

[[Page 44322]]

be tested without the outer packaging provided the test results are not

affected. This provision was inadvertently omitted in previous efforts

to harmonize the HMR with the UN Recommendations.

Section 180.352.

In Sec. 180.352, in paragraph (b), RSPA proposes to relocate a

requirement that a person must perform a visual inspection prior to

filling an IBC to Sec. 173.35. The periodic leakproofness test and

visual inspection requirements would be retained in paragraphs (b)(1)

and (b)(2) of part 180.

In paragraph (b)(3), consistent with the changes proposed in

Sec. 173.35 to allow the reuse of rigid plastic and composite IBCs,

RSPA proposes to require that they must also be internally inspected at

least every five years. This requirement is consistent with paragraph

6.5.1.6.4 of the UN Recommendations.

In addition, RSPA proposes to add a new paragraph (c) to provide

for the repair, testing and inspection of IBCs which are repaired after

being damaged (for example, due to an impact, such as an accident).

This provision was inadvertently omitted in Docket HM-215B [62 FR

24690] and is consistent with the UN Recommendations.

RSPA is specifying a deadline for comments that is less than the 45

days recommended in Executive Order 12866. This shorter comment period

is intended to enable RSPA to develop and issue a final rule to

coincide with the effective date of these changes in the ICAO Technical

Instructions and the IMDG.

V. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed rule is not considered a significant regulatory

action under section 3(f) of Executive Order 12866 and, therefore, was

not reviewed by the Office of Management and Budget. The rule is not

considered a significant rule under the Regulatory Policies and

Procedures of the Department of Transportation [44 FR 11034].

B. Executive Order 12612

This proposed rule has been analyzed in accordance with the

principles and criteria contained in Executive Order 12612

(``Federalism''). Federal hazardous materials transportation law, 49

U.S.C. 5701-5127, contains an express preemption provision (49 U.S.C.

5125(b)) that preempts State, local, and Indian tribe requirements on

certain covered subjects. Covered subjects are:

(i) the designation, description, and classification of hazardous

material;

(ii) the packing, repacking, handling, labeling, marking, and

placarding of hazardous material;

(iii) the preparation, execution, and use of shipping documents

related to hazardous material and requirements related to the number,

contents, and placement of those documents;

(iv) the written notification, recording, and reporting of the

unintentional release in transportation of hazardous material; or

(v) the design, manufacturing, fabricating, marking, maintenance,

reconditioning, repairing, or testing of a packaging or container

represented, marked, certified, or sold as qualified for use in

transporting hazardous material.

This notice of proposed rulemaking addresses covered subjects under

items i, ii, iii and v above and, if adopted as final, would preempt

State, local, or Indian tribe requirements not meeting the

``substantively the same'' standard. Federal hazardous materials

transportation law provides at Sec. 5125(b)(2) that if 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. The 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 180

days after the effective date of a final rule under this docket. Thus,

RSPA lacks discretion in this area, and preparation of a federalism

assessment is not warranted.

C. Regulatory Flexibility Act

This proposed rule would incorporate changes introduced in the

tenth revised edition of the UN Recommendations, the 1997-98 ICAO

Technical Instructions, and Amendment 29 to the IMDG Code. It would

apply to offerors and carriers of hazardous materials and would

facilitate the transportation of hazardous materials in international

commerce by providing consistency with international requirements. 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, if the changes proposed in this NPRM are

not adopted. The proposed changes are intended to avoid this result.

The costs associated with this proposed rule are considerd to be so

minimal as to not warrant preparation of a regulatory impact analysis

or regulatory evaluation. In contrast, the majority of proposed

amendments should result in cost savings. No cost increases are

associated with the incorporation of an exception for certain shock

absorbers, struts, gas springs and shocks, and other automobile energy

absorbing articles in Sec. 173.306(f). This amendment should result in

an increased cost savings for the automotive industry. Although the

labeling requirements for poisonous materials in this NPRM may affect

some small business entities that ship or transport hazardous

materials, any adverse economic impact should be offset through a

lengthy transition period, retention of current operational

requirements, and modification of the POISON or TOXIC label. The

proposed amendments for IBCs would remove prohibitions for reusing

certain IBCs which would result in costing savings for industry by

allowing IBCs to be inspected and reused, instead of used and

discarded. In addition, the proposed amendments to the IBC marking

requirements in Sec. 178.703 will eliminate the burden of unnecessary

markings which will also result in cost savings.

A number of amendments proposed will result in relaxation of overly

burdensome requirements which will result in cost savings. For example,

the removal of the requirement to performance test shrink or stretch-

wrapped trays containing limited quantities of hazardous materials

should result in a cost savings for many companies. The proposed

authorization to allow use of recycled plastic materials when approved

by the Associate Administrator for Hazardous Materials Safety, the

proposed relaxation of filling requirements for IM portable tanks, the

proposed authorization to use steel packages for batteries and the

proposed amendments for packaging gallium, mercury, polymeric beads and

plastic molding compound are other examples where cost savings will be

realized. Many companies involved in domestic, as well as global

operations, will realize economic benefits as a result of the proposed

amendments. Therefore, I certify that this proposal will not, if

promulgated, have a significant economic impact on a substantial number

of small entities. This certification is subject to modification as a

result of a review of comments received in response to this proposal.

D. Paperwork Reduction Act

The requirements for information collection have been approved by

the Office of Management and Budget

[[Page 44323]]

(OMB) under OMB control numbers 2137-0034 for shipping papers and 2137-

0557 for approvals. Under the Paperwork Reduction Act of 1995, no

person is required to respond to a collection of information unless it

displays a valid OMB control number.

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.

F. Unfunded Mandates Reform Act

This proposed rule does not impose unfunded mandates under the

Unfunded Mandates Reform Act of 1995. It does not result in costs of

$100 million or more to either State, local or tribal governments, in

the aggregate, or to the private sector, and is the least burdensome

alternative that achieves the objective of the rule.

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

Education, Hazardous materials transportation, Hazardous waste,

Labeling, 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 174

Hazardous materials transportation, Radioactive materials, Railroad

safety.

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 vehicle safety, Packaging

and containers, Reporting and recordkeeping requirements.

49 CFR Part 180

Hazardous materials transportation, Motor carriers, Motor vehicle

safety, Packaging and containers, Railroad safety, Reporting and

recordkeeping requirements.

In consideration of the foregoing, 49 CFR Chapter I is proposed to

be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for part 171 would continue to read as

follows:

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

Sec. 171.7 [Amended]

2. In the Sec. 171.7(a)(3) Table, the following changes are made:

a. Under ``American Pyrotechnics Association'', for the entry ``APA

Standard 87-1, Standard for Construction and Approval for

Transportation of Fireworks and Novelties'', the wording ``April 1993

Edition'' would be revised to read ``January 23, 1998''.

b. Under ``American Society for Testing and Materials'', for the

entry ``ASTM D 56-93 Standard Test Method for Flash Point by Tag Closed

Tester'', the wording ``ASTM 56-93'' would be revised to read ``ASTM D

56-97''.

c. Under ``American Society for Testing and Materials'', for the

entry ``ASTM 93-94 Standard Test Methods for Flash Point by Pensky-

Martens Closed Tester'', the wording ``ASTM 93-94'' would be revised to

read ``ASTM 93-97''.

d. Under ``American Society for Testing Materials'', for the entry

``ASTM D 3278-95 Standard Test Methods for Flash Point of Liquids by

Setaflash Closed-Cup Apparatus,'' the wording ``ASTM D 3278-95'' would

be revised to read ``ASTM D 3278-96''.

e. Under ``American Society for Testing Materials'', for the entry

``ASTM D 3828-93 Standard Test Methods for Flash Point by Small Scale

Closed Tester'', the wording ``ASTM D 3828-93'' would be revised to

read ``ASTM D 3828-97''.

f. Under ``Department of Defense (DOD),'' for the entry ``DOD TB

700-2; NAVSEAINST 8020.8; AFTO 11A-1-47; DLAR 8220.1: Explosives Hazard

Classification Procedure, December 1989.'', the wording ``December

1989'' would be revised to read ``January 1998''.

g. Under ``International Civil Aviation Organization (ICAO), for

the entry ``Technical Instructions for the Safe Transport of Dangerous

Goods by Air, DOC 9284-AN/905, 1997-1998 Edition., the wording ``1997-

1998 Edition'' would be revised to read ``1999-2000 Edition''.

h. Under ``International Maritime Dangerous Goods (IMDG) Code, 1994

Consolidated Edition, as amended by Amendment 28 (1996) (English

edition).'', the wording ``Amendment 28 (1996)'' would be revised to

read ``Amendment 29 (1997)''.

i. Under ``International Organization for Standardization'', a new

entry ``ISO 8115 Cotton Bales--Dimensions and Density, 1986 Edition''

would be added in the appropriate order in the first column and the

reference ``Sec. 172.102'' would be added in the second column.

j. Under ``United Nations'', for the entry ``UN Recommendations on

the Transport of Dangerous Goods, Ninth Revised Edition (1995)'', the

wording ``Ninth Revised Edition (1995)'' would be revised to read

``Tenth Revised Edition (1999)''.

k. Under ``United Nations'', for the entry ``UN Recommendations on

the Transport of Dangerous Goods, Manual of Tests and Criteria'', in

the second column, the reference ``Sec. 172.102,'' would be added

immediately before ``173.21''.

Sec. 171.11 [Amended]

3. In Sec. 171.11, the following changes would be made:

a. In paragraph (d)(4)(ii), the word ``must'' would be revised to

read ``should'' each place it appears.

b. In paragraph (d)(14), the wording ``An aerosol'' would be

removed and ``Except as provided for aerosols of not more than 4 fluid

ounces capacity in Sec. 173.306(a)(1) of this subchapter, aerosols''

would be added in its place.

4. In Sec. 171.12, paragraph (b)(15) would be revised to read as

follows:

Sec. 171.12 Import and export shipments.

* * * * *

(b) * * *

(15) Cylinders not manufactured to DOT specification must conform

to the requirements of Sec. 173.301(i) and (j) of this subchapter or,

for Canadian manufactured cylinders, to the requirements of

Sec. 171.12a(b)(13).

* * * * *

[[Page 44324]]

Sec. 171.12 [Amended]

5. In addition, in Sec. 171.12, in paragraph (b)(17), the words

``An aerosol'' would be removed and ``Except as provided for aerosols

of not more than 4 fluid ounces capacity in Sec. 173.306(a)(1) of this

subchapter, aerosols'' would be added in its place.

6. In Sec. 171.12a, paragraph (b)(13) is redesignated as paragraph

(b)(13) introductory text, a new sentence is added at the end of newly

designated paragraph (b)(13) introductory text, and paragraphs

(b)(13)(i) through (b)(13)(iv) would be added to read as follows:

Sec. 171.12a Canadian shipments and packagings.

* * * * *

(b) * * *

(13) * * * However, a cylinder made in Canada that meets the

following conditions is authorized for the transportation of a

hazardous material within the United States:

(i) During the manufacturing process, the cylinder was marked with

an approval number and an inspector's mark authorized by TDG or by its

predecessor, the Railway Transport Committee of the Canadian Transport

Commission (CTC), in its regulations for the Transport of Dangerous

Commodities by Rail and was marked ``CTC'' or ``TDG';

(ii) The cylinder is in full conformance with the specifications

prescribed by the TDG regulations;

(iii) The cylinder has been requalified under a program authorized

by the Canadian regulations or requalified in accordance with subpart C

of part 180 of this subchapter within the prescribed requalification

period; and

(iv) At the time the requalification is performed, in addition to

the markings prescribed in Sec. 180.211 of this subchapter, the

cylinder is marked ``DOT/'' immediately before the Canadian

specification marking (such as, ``DOT/CTC'').

* * * * *

Sec. 171.12a [Amended]

7. In addition, in Sec. 171.12a, in paragraph (b)(16), the words

``An aerosol'' would be removed and ``Except as provided for aerosols

of not more than 4 fluid ounces capacity in Sec. 173.306(a)(1) of this

subchapter, aerosols'' would be added in its place.

8. In Sec. 171.14, as amended at 62 FR 39404, effective October 1,

1998, a new paragraph (f) would be added to read as follows:

Sec. 171.14 Transitional provisions for implementing certain

requirements.

* * * * *

(f) Until October 1, 2003, the KEEP AWAY FROM FOODSTUFFS labeling

and placarding requirements applicable to the use of the KEEP AWAY FROM

FOODSTUFFS, in effect on October 1, 1997, label and placard may

continue to be used in place of the new requirements for Division 6.1,

Packing Group III materials.

Sec. 171.14 [Amended]

9. In addition, in Sec. 171.14, as amended at 62 FR 39404,

effective October 1, 1998, in the table in paragraph (b), the following

changes would be made:

a. In Column 1, the entry ``Division 6.1, PG I and II (other than

Zone A or B inhalation hazard)'' would be revised to read ``Division

6.1, PG I or II (other than Zone A or B inhalation hazard), or PG

III''.

b. The entry ``Division 6.1, PG III'' would be removed.

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

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

10. The authority citation for part 172 would continue to read as

follows:

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

11. In Sec. 172.101, paragraph (b) introductory text would be

revised and a new paragraph (b)(6) would be added to read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

(b) Column 1: Symbols. Column 1 of the Table contains six symbols

(``+'', ``A'', ``D'', ``I'', ``W'' and ``*'' as follows:

* * * * *

(6) The asterisk (*) identifies proper shipping names for which the

technical name of the hazardous material must be entered in parentheses

in association with the basic description. (See Sec. 172.203(k).)

* * * * *

Sec. 172.101 [Amended]

12. In addition, in Sec. 172.101, in the Label Substitution Table

in paragraph (g), as amended at 62 FR 39404, effective October 1, 1998,

the following changes would be made:

a. In Column 1, the language ``6.1 (I or II, other than Zone A or B

inhalation hazard)'' would be revised to read ``6.1 (PG I or II, other

than Zone A or B inhalation hazard, or PG III)''.

b. In Column 1, the entry for ``6.1 (III)'' would be removed.

13. In Sec. 172.101, the Hazardous Materials Table would be amended

by removing, adding, or revising, in appropriate alphabetical sequence,

the following entries to read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

[[Page 44325]]

Sec. 172.101.--Hazardous Materials Table

Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel

materials Hazard ------------------------------------------------------------------ stowage

Symbols descriptions and class or Identification PG Label codes Special ---------------------

proper shipping division numbers provisions Exceptions Non-bulk Bulk Passenger Cargo aircraft

names aircraft/rail only Location Other

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

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

[REMOVE]

* * * * * * *

Alkali metal

amalgams

* * * * * * *

Amyl alcohols (PG

II, III)

* * * * * * *

Battery, wet,

with wheelchair,

see Wheelchair,

electric.

* * * * * * *

Benzoic

derivative

pesticides,

liquid,

flammable,

toxic, flash

point less than

23 degrees C.

(PG I, II)

Benzoic deriative

pesticides,

liquid, toxic.

(PG I, II, III)

Benzoic

derivative

pesticides,

liquid, toxic,

flammable,

flashpoint not

less than 23

degrees C. (PG

I, II, III)

Benzoic derative

pesticides,

solid, toxic (PG

I, II, III)

* * * * * * *

Engines, internal

combustion,

including when

fitted in

machinery or

vehicles.

* * * * * * *

Ethyl

cyanoacetate

* * * * * * *

D........... Hexafluoropropyle

ne oxide.

* * * * * * *

Hydrocarbon

gases,

compressed,

n.o.s.

Hydrocarbon

gases,

liquefied,

n.o.s.

* * * * * * *

Metal alkyl

halides, n.o.s.

or Metal aryl

halides, n.o.s.

Metal alkyl

hydrides, n.o.s.

or Metal aryl

hydrides, n.o.s.

* * * * * * *

Metal alkyls,

n.o.s. or Metal

aryls, n.o.s.

* * * * * * *

I........... Nitrogen

triflouride,

compressed

(Class 2.3)

* * * * * * *

Nitroglycerin

mixture with

more than 2

percent but not

more than 10

percent

nitroglycerin,

by mass,

desensitized.

* * * * * * *

2,5-Norbomadiene

or Bicyclo-

[2,2,1]-hepta-2,5-

diene, inhibited.

* * * * * * *

Phenoxy

pesticides,

liquid,

flammable,

toxic, flash

point less than

23 degrees C.

(PG I, II)

Phenoxy

pesticides,

liquid, toxic

(PG I, II, III)

[[Page 44326]]

Phenoxy

pesticides,

liquid, toxic,

flammable,

flashpoint not

less than 23

degrees C. (PG

I, II, III)

Phenoxy

pesticides,

solid, toxic (PG

I, II, III)

* * * * * * *

Phenyl urea

pesticides,

liquid,

flammable,

toxic, flash

point less than

23 degrees C.

(PG I, II)

* * * * * * *

Phenyl urea

pesticides,

liquid, toxic,

flammable flash

point not less

than 23 degrees

C. (PG I, II,

III)

Phenyl urea

pesticides,

solid, toxic (PG

I, II, III)

* * * * * * *

Phthalimide

derivative

pesticides,

liquid,

flammable,

toxic, flash

point less than

23 degrees C.

(PG I, II)

Phthalimide

derivative

pesticides,

liquid, toxic

(PG I, II, III)

Phthalimide

derivative

pesticides,

liquid, toxic,

flammable flash

point not less

than 23 degrees

C. (PG I, II,

III)

Phthalimide

derivative

pesticides,

solid, toxic (PG

I, II, III)

* * * * * * *

AW..........

Polychlorinated

biphenyls

* * * * * * *

Pyrophoric

organometallic

compound, n.o.s.

* * * * * * *

Vehicles, self-

propelled

including

internal

combustion

engines or other

apparatus

containing an

internal

combustion

Engine or

electric storage

battery, see

Engines etc. or

Battery powered

etc. or Wheel

chair,

electric).

* * * * * * *

Wheel chair,

electric

(spillable or

non-spillable

type batteries).

* * * * * * *

[ADD:]

* * * * * * *

Acetic acid 8 UN2790 III 8.............. T8............ 154 203...... 242...... 5 L........... 60 L.......... A

solution, with

more than 10

percent and less

than 50 percent

acid, by mass

* * * * * * *

Airbag inflators, 2.2 UN3353 2.2............ 133........... 166 166...... 75 kg......... 150 kg........ A

compressed gas

or Air bag

modules,

compressed gas

or Seat-belt

pretensioners,

compressed gas

* * * * * * *

Alkali metal 4.3 UN1389 I 4.3............ A2, A3, N34... None 201...... 244...... Forbidden..... 1 L........... E 40

amalgam, liquid

Alkali metal 4.3 UN1389 I 4.3............ B101, B106, None 211...... 242...... Forbidden..... 15 kg......... E

amalgam, solid N40.

[[Page 44327]]

* * * * * * *

*........... Aviation 9 UN3334 .......... 9.............. A35........... 155 204...... ......... No limit...... No limit...... A

regulated

liquid, n.o.s.

*........... Aviation 9 UN3335 .......... 9.............. A35........... 155 204...... ......... No limit...... No limit...... A

regulated solid,

n.o.s.

* * * * * * *

Bicyclo[2,2,1]hep 3 UN2251 II 3.............. .............. 150 202...... 242...... 5 L........... 60 L.......... D

ta-2,5-diene,

inhibited or 2,5-

Norbornadiene,

inhibited

* * * * * * *

Bromopropanes 3 UN2344 III 3.............. T2............ 150 203...... 242...... 60 L.......... 220 L......... B

* * * * * * *

D........... Dangerous Goods ........ NA8001 .......... ............... 136........... None 222...... None..... No limit...... No limit...... A

in Machinery or

Dangerous Goods

in Apparatus

* * * * * * *

Dyes, solid, 8 UN3147 I 8.............. .............. None 211...... 242...... 1 kg.......... 25 kg......... A

corrosive,

n.o.s. or Dye

intermediates,

solid,

corrosive,

n.o.s.

* * * * * * *

Engines, internal 9 UN3166 .......... 9.............. 135........... 220 220...... 220...... Forbidden..... No limit...... A

combustion,

flammable gas

powered.

Engines, internal 9 UN3166 .......... 9.............. 135........... 220 220...... 220...... No limit...... No limit...... .........

combustion,

flammable liquid

powered.

* * * * * * *

Flammable solid, 4.1 UN3097 II 4.1, 5.1....... 131........... None 214...... 214...... Forbidden..... Forbidden..... E 40

oxidizing,

n.o.s..

III 4.1, 5.1....... 131........... None 214...... 214...... Forbidden..... Forbidden..... D 40

* * * * * * *

Fumigated lading,

see Secs.

172.302(g),

173.9 and

176.76(h)

* * * * * * *

*........... Hydrocarbon gas 2.1 UN1964 .......... 2.1............ .............. 306 302...... 314, 315. Forbidden..... 150 kg........ E 40

mixture,

compressed,

n.o.s..

*........... Hydrocarbon gas 2.1 UN1965 .......... 2.1............ .............. 306 304...... 314, 315. Forbidden..... 150 kg........ E 40

mixture,

liquefied,

n.o.s..

* * * * * * *

Insecticide 2.1 UN3354 .......... 2.1............ .............. 306 304...... 314, 315. Forbidden..... 150 kg........ D 40

gases,

flammable,

n.o.s..

* * * * * * *

Insecticide 2.3 UN3355 .......... 2.3, 2.1....... 1............. None 192...... 245...... Forbidden..... Forbidden..... D 40

gases, toxic,

flammable,

n.o.s.

Inhalation

hazard Zone A.

Insecticide 2.3 UN3355 .......... 2.3, 2.1....... 2, B9, B14.... None 302, 305. 314, 315. Forbidden..... Forbidden..... D 40

gases, toxic,

flammable,

n.o.s.

Inhalation

hazard Zone B.

Insecticide 2.3 UN 3355 .......... 2.3, 2.1....... 3, B14........ None 302, 305. 314, 315. Forbidden..... Forbidden..... D

gases, toxic,

flammable,

n.o.s.

Inhalation

hazard Zone C.

Insecticide gases 2.3 UN 3355 .......... 2.3, 2.1....... 4............. None 302, 305. 314, 315. Forbidden..... Forbidden..... D

toxic,

flammable,

n.o.s.

Inhalation

hazard Zone D.

* * * * * * *

Lithium batteries 9 UN3091 II 9.............. 29............ 185 185...... None..... 5 kg.......... 35 kg gross... A

packed with

equipment.

* * * * * * *

Mercaptans, 3 UN3336 I 3.............. T23........... 150 201...... 243...... 1 L........... 30 L.......... E 95

liquid,

flammable,

n.o.s. or

Mercaptan

mixture, liquid,

flammable, n.o.s.

II 3.............. T8, T31....... 150 202...... 242...... 5 L........... 60 L.......... B 95

III 3.............. B1, B52, T7, 150 203...... 241...... 60 L.......... 220 L......... B 95

T30.

* * * * * * *

Metal alkyl 4.2 UN3049 I 4.2, 4.3....... B9, B11, T28, None 181...... 244...... Forbidden..... Forbidden..... D

halides, water- T29, T40.

reactive n.o.s.

or Metal aryl

halides, water-

reactive, n.o.s..

Metal alkyl 4.2 UN3050 I 4.2, 4.3....... B9, B11, T28, None 181...... 244...... Forbidden..... Forbidden..... D

hydrides, water- T29.

reactive, n.o.s.

or Metal aryl

hydrides, water-

reactive, n.o.s.

[[Page 44328]]

Metal alkyls, 4.2 UN2003 I 4.2, 4.3....... B11, T42...... None 181...... 244...... Forbidden..... Forbidden..... D

water-reactive,

n.o.s. or Metal

aryls, water-

reactive n.o.s.

* * * * * * *

Nitroglycerin 3 UN3343 .......... 3.............. 129, N8....... None 214...... None..... Forbidden..... 5 L........... D

mixture,

desensitized,

liquid,

flammable,

n.o.s. with not

more than 30

percent

nitroglycerin,

by mass.

*........... Nitroglycerin 4.1 UN3319 II 4.1............ 118........... None None..... None..... Forbidden..... 0.5 kg........ E

mixture,

desensitized,

solid, n.o.s.

with more than 2

percent but not

more than 10

percent

nitroglycerin,

by mass.

* * * * * * *

Pentaerythrite 4.1 UN3344 II 4.1............ 118........... None 214...... None..... Forbidden..... Forbidden..... B 40

tetranitrate

mixture,

desensitized,

solid, n.o.s.

with more than

10 percent but

not more than 20

percent PETN, by

mass.

* * * * * * *

Pentanols........ 3 UN1105 II 3.............. T1............ 150 202...... 242...... 5 L........... 60 L.......... B

III 3.............. B1, B3, T1.... 150 203...... 242...... 60 L.......... 220 L......... A

* * * * * * *

Phenoxyacetic D UN3346 I 3, 6.1......... T23........... None 201...... 243...... Forbidden..... 30 L.......... B 40

acid derivative

pesticide,

liquid,

flammable, toxic

flashpoint less

than 23 deg.C.

II 3, 6.1......... T14........... None 202...... 243...... 1 L........... 60L........... B 40

Phenoxyacetic 6.1 UN3348 I 6.1............ T24, T26...... None 201...... 243...... 1 L........... 30 L.......... B 40

acid derivative

pesticide,

liquid, toxic.

II 6.1............ T14........... 153 202...... 243...... 5 L........... 60 L.......... B 40

III 6.1............ T14........... 153 203...... 241...... 60 L.......... 220 L......... A 40

Phenoxyacetic 6.1 UN3347 I 6.1, 3......... T24, T26...... None 201...... 243...... 1 L........... 30 L.......... B 40

acid derivative

pesticide,

liquid,

flammable, toxic

flashpoint not

less than 23

deg.C..

x II 6.1, 3......... T14........... 153 202...... 243...... 5 L........... 60 L.......... B 40

x III 6.1, 3......... T14........... 153 203...... 241...... 60 L.......... 220 L......... A 40

Phenoxyacetic 6.1 UN3345 I 6.1............ .............. None 211...... 242...... 5 kg.......... 50 kg......... A 40

acid derivative

pesticide,

solid, toxic.

II 6.1............ .............. 153 212...... 242...... 25 kg......... 100 kg........ A 40

III 6.1............ .............. 153 213...... 240...... 100 kg........ 200 kg........ A 40

* * * * * * *

AW.......... Polychlorinated 9 UN2315 II 9.............. 9, 81......... 155 202...... 241...... 100 L......... 220 L......... A 34

biphenyls,

liquid.

AW.......... Polychlorinated 9 UN2315 II 9.............. 9, 81......... 155 202...... 241...... 100 kg........ 200 kg........ A 34

biphenyls, solid.

* * * * * * *

Pyrethroid 8 UN3350 I 3,6.1.......... T24, T26...... None 201...... 243...... Forbidden..... 30 L.......... B 40

pesticide,

liquid,

flammable,

toxic,

flashpoint less

than 23 deg.C.

II 3, 6.1......... T14........... None 202...... 243...... 1 L........... 60 L.......... B 40

Pyrethroid 6.1 UN3352 I 6.1............ .............. None 211...... 242...... 1 L........... 30 L.......... A 40

pesticide,

liquid toxic.

II 6.1............ .............. 153 212...... 242...... 5 L........... 60 L.......... A 40

III 6.1............ .............. 153 213...... 240...... 60 L.......... 220 L

Pyrethroid 6.1 UN3351 I 6.1, 3......... T24, T26...... None 201...... 243...... 1 L........... 30 L.......... B 40

pesticide,

liquid, toxic,

flammable,

flashpoint not

less than 23

deg.C.

II 6.1, 3......... T14........... 153 202...... 243...... 5 L........... 60 L.......... B 40

III 6.1, 3......... T14........... 153 203...... 241...... 60 L.......... 220 L......... B 40

Pyrethroid 6.1 UN3349 I 6.1............ .............. None 211...... 242...... 5 kg.......... 50 kg......... A 40

pesticide,

solid, toxic.

II 6.1............ .............. 153 212...... 242...... 25 kg......... 100 kg........ A 40

III 6.1............ .............. 153 213...... 240...... 100 kg........ 200 kg........ A 40

* * * * * * *

Pyrophoric 4.2 UN3203 I 4.2, 4.3....... T28, T40...... None 187...... 242...... Forbidden..... Forbidden..... D

organometallic

compound, water-

reactive, n.o.s.

[[Page 44329]]

* * * * * * *

Refrigerant gas R 2.2 UN3337 .......... 2.2............ .............. 306 304...... 314, 315. 75 kg......... 150 kg........ A .........

404A.

Refrigerant gas R 2.2 UN3338 .......... 2.2............ .............. 306 304...... 314, 315. 75 kg......... 150 kg........ A .........

407A.

Refrigerant gas R 2.2 UN3339 .......... 2.2............ .............. 306 304...... 314, 315. 75 kg......... 150 kg........ A .........

407B.

Refrigerant gas R 2.2 UN3340 .......... 2.2............ .............. 306 304...... 314, 315. 75 kg......... 150 kg........ A .........

407C.

* * * * * * *

Thiourea dioxide. 4.3 UN3341 II 4.2............ .............. None 212...... 241...... 15 kg......... 50 kg......... D .........

III 4.2............ .............. None 213...... 241...... 25 kg......... 100 kg........ D .........

* * * * * * *

Vehicle, 9 UN3166 .......... 9.............. 135........... 220 220...... 220...... Forbidden..... No limit...... A .........

flammable gas

powered.

Vehicle, 9 UN3166 .......... 9.............. 135........... 220 220...... 220...... No limit...... No limit...... A .........

flammable liquid

powered.

* * * * * * *

Xanthates........ 4.2 UN3342 II 4.2............ .............. None 212...... 241...... 15 kg......... 50 kg......... D 25, 40

III 4.2............ .............. None 213...... 241...... 25 kg......... 100 kg........ D .........

* * * * * * *

[REVISE]

* * * * * * *

Nitrogen 2.2 UN2451 .......... 2.2, 5.1....... .............. None 302...... None..... 75 kg......... 150 kg........ D 40

trifluoride,

compressed.

* * * * * * *

Piperidine....... 8 UN2401 I 8, 3........... T17........... None 201...... 243...... 0.5 L......... 2.5 L......... D .........

* * * * * * *

Propyleneimine, 3 UN1921 I 3, 6.1......... A3, N34, T24.. None 201...... 243...... 1 L........... 30 L.......... B, 40 .........

inhibited.

* * * * * * *

Vanadium 6.1 UN2862 III 6.1............ .............. 153 213...... 240...... 100 kg........ 200 kg........ A 40

pentoxide, non-

fused form.

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

[[Page 44330]]

Sec. 172.101 [Amended]

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

following changes would be made:

14-1. In Column (1), the symbol ``+'' would be added for each of

the following entries:

Aminophenols (o-;m-;p-;) (UN2512)

Chlorodinitrobenzenes (UN1577)

Dichloroanilines, liquid (UN1590)

Dichloroanilines, solid (UN1590)

o-Dichlorobenzene (UN1591)

N,N-Diethylaniline (UN2432)

Epichlorohydrin (UN2023)

Nitroanilines (o-;m-;p-;) (UN1661)

Nitroanisole (UN2730)

Nitrobenzene (UN1662)

Nitrophenols (o-;m-;p-;) (UN1663)

Phenetidines (UN2311)

Phenylenediamines (o-;m-;p-;) (UN1673)

Toluene diisocyanate (UN2078)

Toluidines, liquid (UN1708)

Toluidines, solid (UN1708)

14-2. In Column (1), the letter ``A'' would be removed for each of

the following entries:

Other regulated substances, liquid, n.o.s.

Other regulated substances, solid, n.o.s.

14-3. In Column (1), the new symbol ``*'' would be added for each

of the following entries:

Alcoholates solution, n.o.s., in alcohol.

Alcohols, flammable, toxic, n.o.s.

Aldehydes, flammable, toxic, n.o.s.

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

Alkaline earth metal alcoholates, n.o.s.

Alkaloids, liquid, n.o.s. or Alkaloid salts, liquid, n.o.s.

Alkaloids, solid, n.o.s. or Alkaloid salts, solid, n.o.s. poisonous.

Amines, flammable, corrosive, n.o.s. or Polyamines, flammable,

corrosive, n.o.s.

Amines, liquid, corrosive, flammable, n.o.s. or Polyamines, liquid,

corrosive, flammable, n.o.s.

Amines, liquid, corrosive, n.o.s. or Polyamines, liquid, corrosive,

n.o.s.

Amines, solid, corrosive, n.o.s., or Polyamines, solid, corrosive,

n.o.s.

Ammunition, toxic with burster, expelling charge, or propelling charge.

(two entries, UN0020 and UN0021)

Articles, explosive, n.o.s. (all 19 entries)

Caustic alkali liquids, n.o.s.

Chloroformates, toxic, corrosive, flammable, n.o.s.

Chloroformates, toxic, corrosive, n.o.s.

Combustible liquid, n.o.s.

Components, explosive train, n.o.s. (all four entries)

Compounds, cleaning liquid (two entries, NA1760 and NA1993)

Compounds, tree killing, liquid or Compounds, weed killing, liquid

(NA1760)

Compounds, tree killing, liquid or Compounds, weed killing, liquid

(NA1993)

Compressed gas, oxidizing, n.o.s.

Compressed gas, toxic, corrosive, n.o.s. (All hazard zones, four

entries)

Compressed gas, toxic, flammable, corrosive, n.o.s. (All hazard zones,

four entries)

Compressed gas, toxic, oxidizing, corrosive, n.o.s. (All hazard zones,

four entries)

Compressed gas, toxic, oxidizing, n.o.s. (All hazard zones, four

entries)

Compressed gases, flammable, n.o.s.

Compressed gases, n.o.s.

Compressed gases, toxic, flammable, n.o.s. (All hazard zones, four

entries)

Compressed gases, toxic, n.o.s. (All hazard zones, four entries)

Corrosive, liquid, acidic, inorganic, n.o.s.

Corrosive, liquid, acidic, organic, n.o.s.

Corrosive, liquid, basic, inorganic, n.o.s.

Corrosive, liquid, basic, organic, n.o.s.

Corrosive liquid, self-heating, n.o.s.

Corrosive liquids, flammable, n.o.s.

Corrosive liquids, n.o.s.

Corrosive liquids, oxidizing, n.o.s.

Corrosive liquids, toxic, n.o.s.

Corrosive liquids, water-reactive, n.o.s.

Corrosive, solid, acidic, inorganic, n.o.s.

Corrosive, solid, acidic, organic, n.o.s.

Corrosive, solid, basic, inorganic, n.o.s.

Corrosive, solid, basic, organic, n.o.s.

Corrosive solids, flammable, n.o.s.

Corrosive solids, n.o.s.

Corrosive solids, oxidizing, n.o.s.

Corrosive solids, self-heating, n.o.s.

Corrosive solids, toxic, n.o.s.

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

Disinfectant, liquid, corrosive, n.o.s.

Disinfectants, liquid, corrosive n.o.s.

Disinfectants, liquid, toxic, n.o.s.

Disinfectants, solid, toxic, n.o.s.

Dispersant gases, n.o.s.

Dyes, liquid, corrosive, n.o.s. or Dye intermediates, liquid,

corrosive, n.o.s.

Dyes, liquid, toxic, n.o.s. or Dye intermediates, liquid, toxic, n.o.s.

Dyes, solid, corrosive, n.o.s. or Dye intermediates, solid, corrosive,

n.o.s.

Dyes, solid, toxic, n.o.s. or Dye intermediates, solid, toxic, n.o.s.

Environmentally hazardous substances, liquid, n.o.s.

Environmentally hazardous substances, solid, n.o.s.

Flammable liquid, toxic, corrosive, n.o.s.

Flammable liquids, corrosive, n.o.s.

Flammable liquids, n.o.s.

Flammable liquids, toxic, n.o.s.

Flammable solid, corrosive, inorganic, n.o.s.

Flammable solid, inorganic, n.o.s.

Flammable solid, organic, molten, n.o.s.

Flammable solid, toxic, inorganic, n.o.s.

Flammable solids, corrosive, organic, n.o.s.

Flammable solids, organic, n.o.s.

Flammable solids, toxic, organic, n.o.s.

Gas, refrigerated liquid, flammable, n.o.s. (cryogenic liquid).

Gas, refrigerated liquid, n.o.s. (cryogenic liquid).

Gas, refrigerated liquid, oxidizing, n.o.s. (cryogenic liquid).

Hazardous waste, liquid, n.o.s.

Hazardous waste, solid, n.o.s.

Infectious substances, affecting animals only.

Infectious substances, affecting humans only.

Insecticide gases flammable n.o.s.

Insecticide gases, n.o.s.

Insecticide gases, toxic, n.o.s.

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

flammable, toxic, n.o.s. flashpoint less than 23 degrees C.

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

flammable, n.o.s., flash point not less than 23 degrees C but not more

than 61 degrees C and boiling point less than 300 degrees C.

Isocyanates, toxic, n.o.s. or Isocyanate solutions, toxic, n.o.s.,

flash point more than 61 degrees C and boiling point less than 300

degrees C.

Ketones, liquid, n.o.s.

Liquefied gas, flammable, n.o.s.

Liquefied gas, n.o.s.

Liquefied gas, oxidizing, n.o.s.

Liquefied gas, toxic, corrosive, n.o.s. (All hazard zones)

Liquefied gas, toxic, flammable, corrosive, n.o.s. (All hazard zone

entries)

Liquefied gas, toxic, flammable, n.o.s. (All hazard zone entries)

Liquefied gas, toxic, n.o.s. (All hazard zone entries)

Liquefied gas, toxic, oxidizing, corrosive, n.o.s. (All hazard zone

entries)

Liquefied gas, toxic, oxidizing, n.o.s. (All hazard zone entries)

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

Metallic substance, water-reactive, n.o.s.

Metallic substance, water-reactive, self-heating, n.o.s.

Nitriles, flammable, toxic, n.o.s.

Nitriles, toxic, flammable, n.o.s.

Nitriles, toxic, n.o.s.

Organic peroxide type B, liquid

Organic peroxide type B, liquid, temperature controlled

Organic peroxide type B, solid

Organic peroxide type B, solid, temperature controlled

Organic peroxide type C, liquid

Organic peroxide type C, liquid, temperature controlled

Organic peroxide type C, solid

Organic peroxide type C, solid, temperature controlled

[[Page 44331]]

Organic peroxide type D, liquid

Organic peroxide type D, liquid, temperature controlled

Organic peroxide type D, solid

Organic peroxide type D, solid, temperature controlled

Organic peroxide type E, liquid

Organic peroxide type E, liquid, temperature controlled

Organic peroxide type E, solid

Organic peroxide type E, solid, temperature controlled

Organic peroxide type F, liquid

Organic peroxide type F, liquid, temperature controlled

Organic peroxide type F, solid

Organic peroxide type F, solid, temperature controlled

Organometallic compound or Compound solution or Compound dispersion,

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

Organometallic compound, toxic, n.o.s.

Oxidizing liquid, corrosive, n.o.s.

Oxidizing liquid, n.o.s.

Oxidizing liquid, toxic, n.o.s.

Oxidizing solid, corrosive, n.o.s.

Oxidizing solid, flammable, n.o.s.

Oxidizing solid, n.o.s.

Oxidizing solid, self-heating, n.o.s.

Oxidizing solid, toxic, n.o.s.

Oxidizing solid, water-reactive, n.o.s.

Pesticides, liquid, flammable, toxic, flashpoint less than 23 degrees

C.

Pesticides, liquid, toxic, flammable, n.o.s. flashpoint not less than

23 degrees C.

Pesticides, liquid, toxic, n.o.s.

Pesticides, solid, toxic, n.o.s.

Pyrophoric liquid, inorganic, n.o.s.

Pyrophoric liquids, organic, n.o.s.

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

Pyrophoric organometallic compound, n.o.s.

Pyrophoric solid, inorganic, n.o.s.

Pyrophoric solids, organic, n.o.s.

Refrigerant gases, n.o.s.

Samples, explosive, other than initiating explosives

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

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

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

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

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

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

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

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

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

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

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

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

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

Self-reactive liquid type B

Self-reactive liquid type B, temperature controlled

Self-reactive liquid type C

Self-reactive liquid type C, temperature controlled

Self-reactive liquid type D

Self-reactive liquid type D, temperature controlled

Self-reactive liquid type E

Self-reactive liquid type E, temperature controlled

Self-reactive liquid type F

Self-reactive liquid type F, temperature controlled

Self-reactive solid type B

Self-reactive solid type B, temperature controlled

Self-reactive solid type C

Self-reactive solid type C, temperature controlled

Self-reactive solid type D

Self-reactive solid type D, temperature controlled

Self-reactive solid type E

Self-reactive solid type E, temperature controlled

Self-reactive solid type F

Self-reactive solid type F, temperature controlled

Solids containing corrosive liquid, n.o.s.

Solids containing flammable liquid, n.o.s.

Solids containing toxic liquid, n.o.s.

Substances, explosive, n.o.s. (all 13 entries)

Substances, explosive, very insensitive, n.o.s., or Substances, EVI,

n.o.s.

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

Tear gas substances, solid, n.o.s.

Toxic liquid, corrosive, inorganic, n.o.s. (all three entries)

Toxic liquid, inorganic, n.o.s. (all three entries)

Toxic liquids, corrosive, organic, n.o.s. (all three entries)

Toxic liquids, flammable, organic n.o.s. (all three entries)

Toxic liquids, organic, n.o.s. (all three entries)

Toxic liquids, oxidizing, n.o.s. (all three entries)

Toxic liquids, water-reactive, n.o.s. (all three entries)

Toxic solid, corrosive, inorganic, n.o.s.

Toxic solid, inorganic, n.o.s.

Toxic solids, corrosive, organic, n.o.s.

Toxic solids, flammable, organic, n.o.s.

Toxic solids, organic, n.o.s.

Toxic solids, oxidizing, n.o.s.

Toxic solids, self-heating, n.o.s.

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

Water-reactive, liquid, corrosive, n.o.s.

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

Water-reactive, liquid, toxic, n.o.s.

Water-reactive, solid, corrosive, n.o.s.

Water-reactive, solid, flammable, n.o.s.

Water-reactive, solid, n.o.s.

Water-reactive, solid, oxidizing, n.o.s.

Water-reactive, solid, self-heating, n.o.s.

Water-reactive, solid, toxic, n.o.s.

14-4. In Column 2, the following hazardous materials descriptions

and proper shipping names would be revised as follows:

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

Current column 2 entry Revise to read:

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

Air bag inflators or Air bag modules or Air bag inflators pyrotechnic

Seat-belt pretensioners. or Air bag modules pyrotechnic

or Seat-belt pretensioners

pyrotechnic.

Acetic acid solution, with more than 10 Acetic acid solution, not less

percent but not more than 80 percent than 50 percent but not more

acid, by mass. (UN2790) (PG II). than 80 percent acid, by mass.

(PG II entry)

Automobile, motorcycle, tractor, or Automobile, motorcycle,

other self-propelled vehicle, engine, tractor, other self-propelled

or other mechanical apparatus, see vehicle, engine, or other

Engines or Battery etc. mechanical apparatus, see

Vehicles or Battery etc.

Charges, shaped, commercial, without Charges, shaped, without

detonator. (UN0059). detonator. (UN0059)

Charges, shaped, commercial, without Charges, shaped, without

detonator. (UN0439). detonator. (UN0439)

Charges, shaped, commercial, without Charges, shaped, without

detonator. (UN0440). detonator. (UN0440)

Charges, shaped, commercial, without Charges, shaped, without

detonator. (UN0441). detonator. (UN0441)

Dithiocarbamate pesticides, liquid, Thiocarbamate pesticide,

flammable, toxic. (UN2772 both liquid, flammable, toxic.

entries).

Dithiocarbamate pesticides, liquid, Thiocarbamate pesticide,

toxic. (UN3006, all 3 entries). liquid, toxic.

Dithiocarbamate pesticides, liquid, Thiocarbamate pesticide,

toxic, flammable, flashpoint not less liquid, toxic, flammable,

than 23 degrees C. (UN3005, all 3 flashpoint not less than 23

entries). degrees C.

Dithiocarbamate pesticides, solid, Thiocarbamate pesticide, solid,

toxic. (UN2771, all 3 entries). toxic.

Elevated temperature liquid, n.o.s., at Elevated temperature liquid,

or above 100 C and below its flash n.o.s., at or above 100 C and

point. (UN3257). below its flash point

(including molten metals,

molten salts, etc.).

[[Page 44332]]

Octyl aldehydes, flammable............. Octyl aldehydes.

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

14-5. For the following entries, Column (6) would be revised as

follows:

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

Column (6)

Column (2) entry entry Revise to read:

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

Aluminum alkyl halides.............. 4.2 4.2, 4.3.

Aluminum alkyl hydrides............. 4.2 4.2, 4.3.

Aluminum alkyls..................... 4.2 4.2, 4.3.

Diethylzinc......................... 4.2 4.2, 4.3.

Dimethylzinc........................ 4.2 4.2, 4.3.

Magnesium alkyls.................... 4.2 4.2, 4.3.

Nitric Acid other than red fuming, 8 8, 5.1.

with more than 70 percent nitric

acid. (UN2031, PG I only).

Sodium nitrite...................... 5.1 6.1.

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

14-6. For the following entries, Column (7) would be revised as

follows:

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

Column (2) entry Column (7) entry Revise to read:

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

Ammonium nitrate fertilizers: uniform non- .............................................................. 132.

segregating mixtures of nitrogen/

phosphate or nitrogen/potash types or

complete fertilizers of nitrogen/

phosphate/potash type, with not more

than 70 percent ammonium nitrate and not

more than 0.4 percent total (UN2071).

Battery, dry, not subject to the .............................................................. 130.

requirements of this subchapter.

Battery-powered vehicle or Battery- .............................................................. 134.

powered equipment.

Chlorosilanes, corrosive, n.o.s.......... B2, T8, T26................................................... B2, T14, T26.

Chlorosilanes, flammable, corrosive, B100, T18, T26................................................ B100, T17, T26.

n.o.s.

Chlorosilanes, water-reactive, flammable, A2, T24, T26.................................................. A2, T18, T26.

corrosive, n.o.s.

Corrosive liquids, toxic, n.o.s. (PG I) A7, B10, T18, T27............................................. A7, B10, T12, T18, T27.

(UN2922).

Corrosive liquids, toxic, n.o.s. (PG II) B3, T18, T26.................................................. B3, T12, T18, T26.

(UN2922).

Cotton (NA1365).......................... W41........................................................... 137, W41.

Cotton waste, oily....................... N9

Detonator assemblies, non-electric for 104

blasting (UN0500).

Detonators, electric for blasting 104

(UN0456).

Detonators for ammunition (UN0366)....... 104

Detonators, non-electric for blasting 104

(UN0455).

Environmentally hazardous substances, 8, B54........................................................ 8, B54, N20.

solid, n.o.s.

Fibers or Fabrics, animal orvegetable or .............................................................. 137.

synthetic n.o.s. with animal or

vegetable oil.

Hydrogen peroxide, aqueous solutions with 17, A1, B104, T8, T37......................................... A1, B104, T8, T37.

not less than 8 percent but less than 20

percent hydrogen peroxide (stabilized as

necessary). (UN2984).

Lead, compounds, soluble n.o.s........... .............................................................. 138.

Organic pigments, self-heating (PG III).. B101

Organometallic compound or Compound .............................................................. T28.

solution or Compound dispersion, water-

reactive, flammable, n.o.s. (PG1).

Organometallic compound or Compound .............................................................. T28.

solution or Compound dispersion, water-

reactive, flammable, n.o.s. (PG II).

Organometallic compound or Compound B101, B106.................................................... T28.

solution or Compound dispersion, water-

reactive, flammable, n.o.s. (PG III).

Polyester resin kit...................... 121........................................................... 40.

Sodium azide............................. B28

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

14-7. In Column (8B), for the entry, ``Chloropicrin'', the

reference ``227'' would be removed and ``193'' would be added in its

place.

14-8. For the entry, ``Plastic molding compound in dough, sheet or

extruded rope form evolving flammable vapor.'' (UN3314), the following

changes would be made:

a. In Column (8B), the reference ``213'' would be removed and

``221'' would be added in its place.

b. In Column (8C), the reference ``None'' would be removed and

``221'' would be added in its place.

14-9. In Column (8C), for the entry, ``Polymeric beads, expandable,

evolving flammable vapor.'', the reference ``240'' would be removed and

``221'' would be added in its place.

14-10. In Column (9A), the following changes would be made:

a. For the entry, ``Acetonitrile'', the quantity limit ``1L'' would

be removed and ``5 L'' would be added in its place.

b. For the entry ``Alkaline earth metal alcoholates, n.o.s.'', for

Packing Group III, the quantity limit ``15 kg'' would be removed and

``25 kg'' would be added in its place.

c. For the entries ``Batteries, wet, filled with acid, electric

storage.'' and ``Batteries, wet, filled with alkali, electric

storage.'', the quantity limit ``25 kg gross'' would be removed and

``30 kg gross'' would be added each place it appears.

d. For the entry ``Refrigerating machines, containing non-

flammable, non-toxic, liquefied gas or ammonia solutions (UN2672)'',

UN2857, the word ``Forbidden'' would be removed and ``450 kg gross''

would be added in its place.

[[Page 44333]]

14-11. For the entries ``Sulfur'', NA1350 and ``Sulfur'', UN1350,

the following changes would be made:

a. In Column (9A), the quantity limit ``25 kg'' would be removed

and ``No limit'' would be added each place it appears.

b. In Column (9B), the quantity limit ``100 kg'' would be removed

and ``No limit'' would be added each place it appears.

14-12. In Column 9(a), the following changes would be made:

a. For the entry, ``Isobutyl isocyanate'', the quantity limit ``1

L'' would be removed and ``Forbidden'' would be added in its place.

b. For the entry ``Refrigerating machines containing non-flammable,

non-toxic, liquefied gas or ammonia solutions (UN2073).'' (UN2857), in

Column 9(A), the word ``Forbidden'' would be removed and ``450 kg

gross'' would be added in its place.

14-13. In Column (9B), the following changes would be made:

a. For the entry, ``Aerosols, flammable, n.o.s.'' (engine starting

fluid) (each not exceeding 1 L capacity)., the word ``Forbidden'' would

be removed and ``150 kg'' would be added in its place.

b. For the entries, ``Articles, explosive, n.o.s.'', UN0351;

``Articles, explosive, n.o.s.'', UN0352; and ``Articles, explosive,

n.o.s.'', UN0353, the word ``Forbidden'' would be removed and ``75 kg''

would be added each place it appears.

c. For the entry, ``Bromine or Bromine solutions'', the quantity

limit ``2.5 L would be removed and ``Forbidden'' would be added in its

place.

d. For the entry, ``Oxygen generator, chemical'', the quantity

limit ``25 kg'' would be removed and ``25 kg gross'' would be added in

its place.

14-14. In Column (10A), the following changes would be made:

a. For the entry, ``Dichlorophenyl isocyanates'', the stowage

requirement ``A'' would be removed and ``B'' would be added in its

place.

b. For the entry, ``Hexamethylene diisocyanate'', the stowage

requirement ``B'' would be removed and ``C'' would be added in its

place.

c. For the entry, ``Isocyanates, toxic, flammable, n.o.s. or

Isocyanate solutions, toxic, flammable, n.o.s. flash point not less

than 23 degrees C but not more than 61 degrees C and boiling point less

than 300 degrees C.'', the stowage requirement ``D'' would be removed

and ``B'' would be added in its place.

d. For the entry, ``Isocyanatobenzotrifluorides'', the stowage

requirement ``B'' would be removed and ``D'' would be added in its

place.

e. For the entry, ``Water-reactive solid, flammable, n.o.s., for

Packing Group I,, the stowage requirement ``E'' would be removed and

``D'' would be added in its place.

f. For the entry, ``Isocyanates, toxic, n.o.s. or Isocyanate,

solutions, toxic, n.o.s., flash point more than 61 degrees C and

boiling point less than 300 degrees C.'', the stowage requirement ``D''

would be removed and ``E'' would be added in its place.

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

would be amended by removing eleven entries and adding sixteen entries

in appropriate alphabetical order to read as follows:

Appendix B to Sec. 172.101--List of Marine Pollutants

* * * * *

S.M.P Marine pollutant

(1) (2)

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

[REMOVE:]

Alkyl (C10-C21) sulphonic acid

ester of phenol.

ortho-Anisidines.

Barium compounds, soluble, n.o.s.

Di-normal-butyl ketone.

Diphenyl oxide.

Isopropenyl chloride.

Isopropyl chloride.

3-Methylpyradine.

Sym-Dichloroethyl ether.

Tetrachlorovinphos.

[ADD:]

* * * *

* * *

Alkylbenzenesulphonates, branched

and straight chain.

* * * *

* * *

PP............................... Chlorinated paraffins (C14-C17),

with more than 1% shorter chain

length.

* * * *

* * *

1-Chloro-2,3-Epoxypropane.

* * * *

* * *

PP............................... Copper sulphate, anhydrous,

hydrates.

* * * *

* * *

Dichlorodimethyl ether,

symmetrical.

* * * *

* * *

Isobutyl aldehyde.

* * * *

* * *

Isobutyraldehyde.

* * * *

* * *

Maneb.

[[Page 44334]]

* * * *

* * *

Maneb preparation, stabilized

against self-heating.

* * * *

* * *

PP............................... N,N-Dimethyldodecylamine.

* * * *

* * *

Nitrotoluenes (ortho-; meta-;

para-), solid.

* * * *

* * *

Normal-heptaldehyde.

* * * *

* * *

Potassium cyanide, solution.

* * * *

* * *

Sodium cyanide, solution.

* * * *

* * *

Triphenyl phosphate/tert-

butylated triphenyl phosphates

mixtures containing 5% to 10%

triphenyl phosphates.

PP............................... Triphenyl phosphate/tert-

butylated triphenyl phosphates

mixtures containing 10% to 48%

triphenyl phosphates.

* * * *

* * *

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

Sec. 172.101, Appendix B [Amended]

16. In addition, in Appendix B to Sec. 172.101, the List of Marine

Pollutants, the following changes would be made:

a. In column (1), the designation ``PP'' would be added for the

following entries:

``Azinphos-methyl.''

``Cupric chloride.''

``Cuprous chloride.''

``Furathiocarb (ISO).''

``Osmium tetroxide.''

``Triphenylphosphate.''

b. In column (1), the designation ``PP'' would be removed for the

entry ``Silver orthoarsenite''.

c. In column (2), the following entries would be revised to read as

follows in appropriate alphabetical order:

``Alcohol C-12--C-15 poly(1-3) ethoxylate'' would be revised to

read ``Alcohol C-12--C-16 poly(1-6) ethoxylate''.

``Alkylphenols, liquid, n.o.s. (including C2-C8 homologues)'' would

be revised to read ``Alkylphenols, liquid, n.o.s. (including C2-C12

homologues)''.

``Alkylphenols, solid, n.o.s. (including C2-C8 homologues)'' would

be revised to read ``Alkylphenols, solid, n.o.s. (including C-2--C-12

homologues)''.

``2-Butenal, inhibited'' would be revised to read ``2-Butenal,

stabilized''.

``Chlorodinitrobenzenes'' would be revised to read

``Chlorodinitrobenzenes, liquid or solid''.

``Chlorophenates, liquid'' would be revised to read

``Chlorophenolates, liquid''.

``Chlorophenates, solid'' would be revised to read

``Chlorophenolates, solid''.

``Chlorotoluenes'' would be revised to read ``Chlorotoluenes

(ortho-,meta-,para-)''.

``Crotonaldehyde, inhibited'' would be revised to read

``Crotonaldehyde, stabilized''.

``Crotonic aldehyde'' would be revised to read ``Crotonic aldehyde,

stabilized''.

``Decyloxytetrahydrothiophene dioxide'' would be revised to read

``Decycloxytetrahydrothiophene dioxide''.

``Dichloroethyl ether'' would be revised to read ``Di-(2-

chloroethyl) ether''.

``Dodecylamine'' would be revised to read ``1-Dodecylamine''.

``Hydrocyanic acid, anhydrous, stabilized'' would be revised to

read ``Hydrocyanic acid, anhydrous, stabilized, containing less than 3%

water''.

``Hydrocyanic acid, anhydrous, stabilized, absorbed in a porous

material'' would be revised to read ``Hydrocyanic acid, anhydrous,

stabilized, containing less than 3% water and absorbed in a porous

material''.

``Isobutybenzene'' would be revised to read ``Isobutylbenzene''.

``Maneb or Maneb preparations with not less than 60 per cent

maneb'' would be revised to read ``Maneb preparations with not less

than 60% maneb''.

``Mercarbam'' would be revised to read ``Mecarbam''.

``Mercurous bisuphate'' would be revised to read ``Mercurous

bisulphate''.

``Mercury based pesticides, liquid, flammable, toxic, n.o.s.''

would be revised to read ``Mercury based pesticide, liquid, flammable,

toxic''.

``Mercury based pesticides, liquid, toxic, flammable, n.o.s.''

would be revised to read ``Mercury based pesticide, liquid, toxic,

flammable''.

``Mercury based pesticides, liquid, toxic, n.o.s.'' would be

revised to read ``Mercury based pesticide, liquid, toxic''.

``Mercury based pesticides, solid, toxic, n.o.s.'' would be revised

to read ``Mercury based pesticide, solid, toxic''.

``3-Methylacroleine, inhibited'' would be revised to read ``3-

Methylacrolein, stabilized''.

``Nitrobenzotrifluorides'' would be revised to read

``Nitrobenzotrifluorides, liquid or solid''.

``Nitrotolueuenes (o-;m:-p-) would be revised to read

``Nitrotoluenes (ortho-;meta-;para-), liquid''.

``Nitroxyluenes (o-;m-;p-)'' would be revised to read

``Nitroxylenes, liquid or solid''.

``Potassium cyanide'' would be revised to read ``Potassium cyanide,

solid''.

``Potassium cyanocuprate I'' would be revised to read ``Potassium

cyanocuprate (I)''.

``Sodium cyanide'' would be revised to read ``Sodium cyanide,

solid''.

``Tetrachloroethane'' would be revised to read ``1,1,2,2-

Tetrachloroethane''.

[[Page 44335]]

``Tetramethylbenzenes'' would be revised to read ``n-

Tetramethylbenzenes''.

``Tricresyl phosphate (not less than 1% ortho-isomer)'' would be

revised to read ``Tricresyl phosphate, not less than 1% ortho-isomer

but not more than 3% orthoisomer''.

``White phosphorus, molten'' would be revised to read ``Phosphorus,

white, molten''.

``Yellow phosphorus, molten'' would be revised to read

``Phosphorus, yellow, molten''.

17. In Sec. 172.102, in paragraph (c)(1), Special Provision 43

would be amended by adding a sentence at the end, Special Provisions

129, 130, 131, 132, 133, 134, 135, 136, 137 and 138 would be added; in

paragraph (c)(2), Special Provision A35 would be added; and in

paragraph (c)(3), Special Provision B101 would be revised to read as

follows:

Sec. 172.102 Special provisions.

* * * * *

(c) * * *

(1) * * *

Code/Special Provisions

* * * * *

43. * * * Nitrocellulose membrane filters covered by this entry,

each with a mass not exceeding 0.5 g, are not subject to the

requirements of this subchapter when contained individually in an

article or a sealed packet.

* * * * *

129. These materials must not be classified and transported

unless authorized by the Associate Administrator for Hazardous

Materials Safety on the basis of results from Series 2 Test and a

Series 6(c) Test from the UN Manual of Tests and Criteria on

packages as prepared for transport. The packing group assignment and

packaging must be approved by the Associate Administrator for

Hazardous Materials Safety on the basis of the criteria in

Sec. 173.21 of this subchapter and the package type used for the

Series 6(c) test .

130. Batteries, dry are not subject to the requirements of this

subchapter only when they are offered for transportation in a manner

that prevents short-circuits (for example, by the effective

insulation of exposed terminals) or the dangerous evolution of heat.

131. This material may not be offered for transportation unless

approved by the Associate Administrator for Hazardous Materials

Safety.

132. Ammonium nitrate fertilizers of this composition are not

subject to the requirements of this subchapter if shown by a trough

test (see United Nations Recommendations on the Transport of

Dangerous Goods, Manual Tests and Criteria, Part III, sub-section

38.2) not to be liable to self-sustaining decomposition and provided

that they do not contain an excess of nitrate greater than 10% by

mass (calculated as potassium nitrate).

133. This description applies to articles which are used as

life-saving vehicle air bag inflators or air bag modules or seat-

belt pretensioners, containing a gas or a mixture of compressed

gases classified under Division 2.1 or Division 2.2, and with or

without small quantities of pyrotechnic material. For units with

pyrotechnic material, initiated explosive effects shall be contained

within the pressure vessel such that the unit may be excluded from

Class 1 in accordance with paragraph 1.11(b), in conjunction with

paragraph 16.6.1.4.7(a)(ii) of the UN Manual of tests and Criteria,

Part 1. In addition, units must be designed or packaged for

transport so that when engulfed in a fire there will be no

fragmentation of the pressure vessel or projection hazard. This may

be determined by analysis or test. The pressure vessel must be in

compliance with the requirements for the gas(es) contained in the

pressure vessel.

134. This entry only applies to vehicles, machinery and

equipment which are powered by wet batteries or sodium batteries and

which are transported with these batteries installed. Examples of

such items are electrically-powered cars, lawn mowers, wheelchairs

and other mobility aids. Self-propelled vehicles which also contain

an internal combustion engine must be consigned under the entry

``Vehicle, flammable gas powered'' or ``Vehicle, flammable liquid

powered'', as appropriate.

135. The entries ``Vehicle, flammable gas powered'' or

``Vehicle, flammable liquid powered'', as appropriate, must be used

when internal combustion engines are installed in a vehicle.

136. This entry only applies to machinery and apparatus

containing hazardous materials as an integral element of the

machinery or apparatus. It may not be used to describe machinery or

apparatus for which a proper shipping name exists in the

Sec. 172.101 Table. Machinery or apparatus may only contain

hazardous materials for which exceptions are referenced in Column 8

of the Sec. 172.101 Table and are provided in Part 173, Subpart D,

of this subchapter. When transported by aircraft, the machinery or

apparatus must be labeled according to each of the hazardous

materials contained in the machinery or apparatus. This includes the

primary hazard label and any applicable subsidiary risk labels,

except that a subsidiary risk label is not required for any

subsidiary hazard already indicated by the primary or subsidiary

hazard label applied for another substance in the machinery or

apparatus. Hazardous materials shipped under this entry are excepted

from the labeling requirements of this subchapter unless offered for

transportation or transported by air. Orientation markings as

prescribed in Sec. 172.312, are required only when necessary to

ensure that liquid hazardous materials remain in their intended

orientation. The machinery or apparatus or the packagings in which

they are contained shall be marked ``Dangerous goods in machinery''

or ``Dangerous goods in apparatus'', as appropriate, and with the

appropriate identification number. For transportation by aircraft,

machinery or apparatus may not contain any material forbidden for

transportation by passenger aircraft. Hazardous materials in

machinery or apparatus are not subject to the placarding

requirements of subpart F of this part. The Associate Administrator

for Hazardous Materials Safety may except from the requirements of

this subchapter equipment, machinery and apparatus provided:

a. It is shown that it does not pose a significant risk in

transportation;

b. The quantities of hazardous materials do not exceed those

specified in Sec. 173.4 of this subchapter for the applicable

class(es) of hazardous materials contained; and

c. The equipment, machinery or apparatus conforms with

Sec. 173.221 of this subchapter.

137. Cotton, dry is not subject to the requirements of this

subchapter when it is baled in accordance with ISO 8115, ``Cotton

Bales--Dimensions and Density'' to a density of at least 360 kg/m

\3\ (22.4lb/ft \3\) and it is transported in a freight container or

closed transport vehicle.

138. Lead compounds which, when mixed in a ratio of 1:1000 with

0.07 hydrochloric acid and stirred for one hour at a temperature of

23 deg.C 2 deg.C, exhibit a solubility of 5% or less are

considered insoluble.

(2) * * *

Code/Special Provisions

* * * * *

A35. This includes any material which is not covered by any of

the other classes but which has an anesthetic, narcotic, noxious or

other similar properties such that, in the event of spillage or

leakage on an aircraft, extreme annoyance or discomfort could be

caused to crew members so as to prevent the correct performance of

assigned duties.

* * * * *

(3) * * *

Code/Special Provisions

* * * * *

B101. When intermediate bulk containers are used, only those

constructed of metal are authorized.

* * * * *

Sec. 172.102 [Amended]

18. In addition, in Sec. 172.102, the following changes would be

made:

a. In paragraph (c)(1), Special Provision 17 would be removed.

b. In paragraph (c)(1), Special Provision 20 would be removed.

c. In paragraph (c)(1), Special Provision 104 would be removed.

d. In paragraph (c)(1), under Special Provision 125, in the fourth

sentence, the wording ``at least 90%'' would be removed and ``at least

98%'' would be added in its place; and in the last sentence, the

wording ``less than 98%'' would be removed and ``less than 90%'' would

be added in its place.

e. In paragraph (c)(5), Special Provision N9 would be removed.

Sec. 172.203 [Amended]

19. In Sec. 172.203, the following changes are made:

a. In paragraph (k) introductory text, in the first sentence, the

words ``listed in paragraph (k)(3) of this section''

[[Page 44336]]

would be removed and ``identified by an asterisk (*) in Column (1) of

the Sec. 172.101 Table'' would be added in its place.

b. In addition, paragraph (k)(3) would be removed and paragraph (k)

(4) would be redesignated as paragraph (k)(3).

Sec. 172.400 [Amended]

20. In Sec. 172.400, in the table in paragraph (b), as amended at

62 FR 39405, effective October 1, 1998, the following changes would be

made:

a. The entry ``6.1 (PG I or II, other than Zone A or B inhalation

hazard)'' would be removed and ``6.1 (PG I or II, other than Zone A or

B inhalation hazard, or PG III)'' would be added in its place.

b. The entry ``6.1 (PG III)'' would be removed.

Sec. 172.400a [Amended]

21. In Sec. 172.400a, paragraph (d) would be removed.

22. In Sec. 172.405, a new paragraph (c) would be added to read as

follows:

Sec. 172.405 Authorized label modifications.

* * * * *

(c) For a package containing a Division 6.1 Packing Group III

material, the POISON label specified in Sec. 172.430 may be modified to

display the text ``PG III'' below the mid-line of the label, instead of

``TOXIC'' (``POISON'').

23. In Sec. 172.407, paragraph (c)(4) would be revised to read as

follows:

Sec. 172.407 Label specifications.

* * * * *

(c) * * *

(4) When text indicating a hazard is displayed on a label, the

label name must be shown in letters measuring at least 7.6 mm (0.3

inches) in height. For SPONTANEOUSLY COMBUSTIBLE or DANGEROUS WHEN WET

labels, the words ``Spontaneously'' and ``When Wet'' must be shown in

letters measuring at least 5.1 mm (0.2 inches) in height.

* * * * *

Sec. 172.431 [Removed and reserved]

24. Section 172.431 would be removed and reserved.

25. In Sec. 172.504, paragraph (f)(10) would be revised to read as

follows:

Sec. 172.504 General placarding requirements.

* * * * *

(f) * * *

(10) For Division 6.1, PG III materials, a POISON placard may be

modified to display the text ``PG III'' below the mid-line of the

placard.

* * * * *

Sec. 172.504 [Amended]

26. In Sec. 172.504, as amended at 62 FR 39407, effective October

1, 1998, the following changes would be made:

a. In paragraph (e), in Table 2, the entry ``6.1 (PG I or II, other

than Zone A or B inhalation hazard)'' would be removed and ``6.1 (PG I

or II, other than Zone A or B inhalation hazard, or PG III)'' would be

added in its place.

b. In paragraph (e), the entry ``6.1 (PG III) would be removed.

Sec. 172.553 [Removed and reserved]

27. Section 172.553 would be removed and reserved.

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

PACKAGINGS

28. The authority citation for part 173 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.53.

Sec. 173.1 [Amended]

29. In Sec. 173.1, in paragraph (d), in the first sentence, the

wording ``Recommendations of the United Nations Committee of Experts on

the Transport of Dangerous Goods'' would be removed and ``UN

Recommendations'' would be added in its place.

Sec. 173.2a [Amended]

30. In the Sec. 173.2a, paragraph (b), Precedence of Hazard Table,

in column 13, under the column heading ``8, II liquid'', the following

changes would be made:

a. For the entry, ``4.3 II'', the numeral ``8'' would be removed

and ``4.3'' would be added in its place.

b. For the entry, ``5.1 II'', the numeral ``8'' would be removed

and ``5.1'' would be added in its place.

31. In Sec. 173.25, paragraph (b) would be revised to read as

follows:

Sec. 173.25 Authorized packagings and overpacks.

* * * * *

(b) Shrink-wrapped or stretch-wrapped trays may be used as outer

packagings for inner packagings prepared in accordance with the limited

quantity provisions or consumer commodity provisions of this

subchapter, provided that--

(1) Inner packagings are not fragile, liable to break or be easily

punctured, such as those made of glass, porcelain, stoneware or certain

plastics; and

(2) Each complete package does not exceed 20 kg (44 lbs) gross

weight.

* * * * *

32. In Sec. 173.28, paragraph (c)(2) would be revised and a new

paragraph (c)(5) would be added to read as follows:

Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.

* * * * *

(c) * * *

(2) For the purpose of this subchapter, reconditioning of a non-

bulk packaging other than a metal drum includes:

(i) Removing all former contents, coatings and labels so that only

the original materials of construction remain;

(ii) Replacing all non-integral packaging components including

gaskets, closure devices and cushioning and cushioning material;

(iii) Inspecting after cleaning and rejecting packagings with

visible damage such as tears, creases or cracks, or damaged threads or

closures, or other significant defects; and

(iv) Ensuring that the packagings are restored to a condition that

conforms in all respects with the prescribed requirements of this

subchapter.

* * * * *

(5) Packagings which have significant defects which cannot be

repaired may not be reused.

* * * * *

33. In Sec. 173.29, paragraph (b)(2)(iv)(B), would be revised to

read as follows:

Sec. 173.29 Empty packagings.

* * * * *

(b) * * *

(2) * * *

(iv) * * *

(B) A Division 2.2 non-flammable gas, other than ammonia,

anhydrous, and with no subsidary hazard, at an absolute pressure less

than 280 kPa (40.6 psia); at 20 deg.C (68 deg.F); and

* * * * *

34. In Sec. 173.32b, in paragraph (b)(1), a new sentence would be

added at the end of the paragraph to read as follows:

Sec. 173.32b Periodic testing and inspection of Specification IM

portable tanks.

* * * * *

(b) * * *

(1) * * * The two and one-half year internal inspection may be

waived for portable tanks dedicated to the transportation of a single

hazardous material if it is leak tested prior to each filling.

* * * * *

Sec. 173.32b [Amended]

35. In addition, in paragraph (b)(1) and (b)(2), the semicolon at

the end of the first sentence would be removed and a period added in

its place.

[[Page 44337]]

36. In Sec. 173.32c, paragraph (j) would be revised to read as

follows:

Sec. 173.32c Use of Specification IM portable tanks.

* * * * *

(j) An IM portable tank may not be loaded with a liquid having a

viscosity less than 2,680mm \2\/s at 20 deg. C or a non-

monolithic solid to a filling density of more than 20%, but less than

80%. If a portable tank is divided by partitions or surge plates into

compartments of not more than 7,500 liters (1,980 gallons) capacity,

this filling restriction does not apply.

* * * * *

37. In Sec. 173.35, the section heading and paragraph (b) would be

revised to read as follows:

Sec. 173.35 Hazardous materials in intermediate bulk containers

(IBCs).

* * * * *

(b) Initial use and reuse of IBCs. An IBC other than a multiwall

paper IBC (13M1 and 13M2) may be reused. If an inner liner is required,

the inner liner must be replaced before each reuse. Before an IBC is

filled and offered for transportation, the IBC and its service

equipment must be given an external visual inspection, by the person

filling the IBC, to ensure that:

(1) The IBC is free from corrosion, contamination, cracks, cuts, or

other damage which would render it unable to pass the prescribed design

type test to which it is certified and marked; and

(2) The IBC is marked in accordance with requirements in

Sec. 178.703 of this subchapter. Additional marking allowed for each

design type may be present. Required markings that are missing, damaged

or difficult to read must be restored or returned to original

condition.

* * * * *

Sec. 173.56 [Amended]

38. In Sec. 173.56, in paragraphs (b)(2)(i) and (b)(3)(i), the

wording ``(TB 700-2, dated December 1989)'' would be removed and ``(TB

700-2)'' would be added in its place.

Sec. 173.59 [Amended]

39. In Sec. 173.59, for the definitions ``Charges, explosive,

commercial without detonator.'' and ``Charges, shaped commercial,

without detonator.'', the word ``commercial'' would be removed each

place it appears.

40. In Sec. 173.121, paragraph (b)(1)(ii) would be revised to read

as follows:

Sec. 173.121 Class 3--Assignment of packing group.

* * * * *

(b) * * *

(1) * * *

(ii) The mixture does not contain any substances with a primary or

a

This text is long and has been trimmed here. Open the source document for the complete record.