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

SUMMARY: This final rule consolidates Docket HM-215C and HM-217

(``Labeling Requirements for Poisonous Materials''). RSPA is amending

the Hazardous Materials Regulations (HMR) to maintain alignment with

international standards by incorporating 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 is making other amendments to

the HMR, including eliminating 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 revisions are

necessary to facilitate the transport of hazardous materials in

international commerce.

DATES: Effective Date: October 1, 1999.

Voluntary Compliance Date: RSPA is authorizing immediate voluntary

compliance, with the exception of the provisions contained in

Sec. 173.301(i). Persons voluntarily complying with these regulations

should be aware that petitions for reconsideration may be received and,

as a result of RSPA's evaluation of those petitions, the amendments

adopted in this final rule could be subject to further revision.

Delayed Compliance Date: Unless otherwise specified, compliance

with the amendments adopted in this final rule is required beginning on

October 1, 2000.

Incorporation by Reference Date: The incorporation by reference of

publications listed in this final rule has been approved by the

Director of the Federal Register as of October 1, 1999.

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 final rule consolidates two rulemakings; Docket HM-215C,

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

Technical Instructions'' and the previous Docket HM-217, ``Labeling

Requirements for Poisonous Materials.'' By publication of Docket HM-

215C notice of proposed rulemaking (NPRM) [63 FR 44312], Docket HM-217

was terminated as a separate rulemaking action.

II. Background

On December 21, 1990, 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

compliance 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 published 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 published 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.

In a final rule published October 29, 1998 (Docket HM-215C; 63 FR

57929), RSPA incorporated by reference the latest editions of the ICAO

Technical Instructions and the IMDG Code into the HMR. This action

ensured that international shippers could begin complying with changes

to international air and vessel standards, which become effective on

January 1, 1999, in the event that this final rule was not published by

that date. In addition, the October 29, 1998 final rule amended a

shipping paper requirement for the use of the ICAO Technical

Instructions.

This final rule amends 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 with the intent to more fully align

the HMR with international air and sea transport requirements which

became effective January 1, 1999. Petitions for rulemaking pertinent to

harmonization with international standards and the facilitation of

international transportation were also considered and are the basis of

certain changes incorporated in this final rule. Other changes are

based on feedback from the regulated industry and RSPA initiatives.

III. Summary and Overview

On August 18, 1998, RSPA published an NPRM (Docket HM-215C; 63 FR

44312) to continue its efforts to facilitate the transport of hazardous

materials in international commerce. RSPA received

[[Page 10743]]

approximately 30 comments in response to the NPRM. These comments were

submitted by industry associations representing chemical manufacturers

and distributors and packaging manufacturers and reconditioners.

Comments were also submitted from a gas strut manufacturer, a battery

manufacturer, a chemical manufacturer, a paint manufacturer and

distributor, and Transport Canada. Commenters expressed support of

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

consistency and facilitate the international transportation of

hazardous materials. The majority of commenters supported various

proposals, but some commenters raised concerns and recommended

alternative amendments to certain proposals which are discussed in

Section IV of this final rule. Some commenters suggested amendments

which are beyond the scope of this final rule and must first be subject

to an NPRM to provide adequate opportunity for notice and comments.

These issues may be addressed in separate rulemakings.

Amendments to the HMR contained in this final rule 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 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.

--Amendments to the List of Marine Pollutants which remove, revise and

add certain entries.

--Amendments to remove, revise and add certain 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, or adjacent to, the POISON or TOXIC label to

read ``PG III.''

--Addition of reciprocity provisions for Canadian cylinders.

--Amendment of continuing requalification requirements for portable

tanks and intermediate bulk containers (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. Section-by-Section Summary of Regulatory Changes

Part 171

Section 171.2. RSPA is amending paragraph (d)(1) by adding the

letters ``CTC'' to the list of specification indications which may not

be misrepresented according to Sec. 171.2(c). This is necessary as a

result of a new provision in Sec. 173.301(i) authorizing the use of CTC

specification cylinders under certain conditions.

Section 171.7. RSPA is updating 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, and the UN Recommendations. The ICAO Technical

Instructions were updated to the 1999-2000 edition and the IMDG Code

was updated to Amendment 29, in a final rule, published October 29,

1998 [Docket HM-215C; 63 FR 44312] and effective January 1, 1999. One

new incorporation by reference is added under the International

Organization for Standardization (ISO).

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

by Small Scale (Setaflash) Closed-Cup Apparatus'' is updated to the

1996 edition. ``ASTM D 56-93 Standard Test Method for Flash Point by

Tag Closed Tester,'' ``ASTM D 93-94 Standard Test Method for Flash

Point by Pensky-Martens Closed Cup Tester'' and ``ASTM D 3828-93

Standard Test Method for Flash Point by Small Scale Closed Tester'' are

updated to the 1997 editions. These updates reflect the latest

revisions to these 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'' is updated to the

January 23, 1998 version which brings 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'' is

updated to the January 1998 edition. References to the UN

Recommendations are updated to the tenth revised edition and an

incorrect reference to Sec. 172.519 is removed in the second column.

RSPA reviewed the updated standards and concluded that no major

technical amendments have been incorporated into these standards.

Finally, consistent with the addition of a new special provision

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

and Density, 1986 Edition'' is added to the table of material

incorporated by reference. (See the amendments to the Hazardous

Materials Table.)

Section 171.8. The text for the ``N.O.S.'' definition is revised to

reflect the changes in this final rule regarding the addition of a new

symbol to specify the n.o.s. and generic proper shipping names which

are required to be supplemented with a technical name. (See the

preamble discussion under Secs. 172.101(b) and 172.203(k)(3)).

Sections 171.11, 171.12 and 171.12a. Paragraphs (d)(14), (b)(17)

and (b)(16) of Secs. 171.11, 171.12 and 171.12a, respectively, are

revised for consistency with Sec. 173.306(a)(1) which provides certain

exceptions for limited quantities of compressed gases in containers of

not more than four fluid ounces.

Section 171.12a. The amendments proposed to this section in the

NPRM providing for reciprocity for certain Canadian specification

cylinders to be transported within the U.S. will be incorporated into

Sec. 173.301(i). See preamble discussion under Sec. 173.301.

Section 171.14. Paragraph (d) is revised to provide a delayed

implementation date for amendments adopted in this final rule. The

effective date of the final rule is October 1, 1999. However, RSPA is

authorizing an immediate voluntary compliance date to allow shippers to

prepare their shipments in accordance with the new ICAO, IMDG Code and

HMR provisions. RSPA is also authorizing a delayed mandatory compliance

date with the new requirements until October 1, 2000. This delay offers

a sufficient phase-in

[[Page 10744]]

period to implement new provisions and deplete current stocks of

shipping papers, labels, placards and packagings affected by the new

requirements. In addition, paragraph (d)(2) permits intermixing of old

and new hazard communication requirements until October 1, 2000. As

stated in the NPRM, based on its own initiative and comments provided

in petitions, RSPA is extending a delayed implementation period for use

of the POISON label for Division 6.1, Packing Group III materials and

allowing continued use of the KEEP AWAY FROM FOOD label until October

1, 2003.

Part 172

Section 172.101. RSPA received favorable comments for including the

addition of a new symbol to Sec. 172.101(b) and the Hazardous Materials

Table (HMT) to 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). In the NPRM, RSPA proposed using the asterisk (*) as the

new symbol. It has since been brought to RSPA's attention that the

asterisk symbol poses a problem for computer searches. Therefore, in

this final rule, RSPA is replacing the asterisk symbol with the letter

``G'' to identify n.o.s. and generic proper shipping names which must

meet the technical name requirement. Previously, these proper shipping

names were listed in Sec. 172.203(k)(3). The change is adopted in this

final rule to simplify and improve the use of the HMR. As a result of

the change, Sec. 172.203(k)(3) is removed. In addition, approximately

19 new proper shipping names are added to be required to be

supplemented with a technical name. The technical name requirement for

these entries are consistent with the UN Recommendations. As discussed

in the NPRM, certain proper shipping names are currently required to be

supplemented with a technical name in the UN Recommendations. However,

in the opinion of RSPA, these entries do not warrant a supplemental

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. On this basis,

RSPA is not adopting the technical name requirement for these proper

shipping names. Readers should be aware that certain n.o.s. and generic

proper shipping names may be required to be supplemented with technical

names when being transported internationally. In addition, based on its

own initiative, RSPA is adding or removing certain proper shipping

names concerning the technical name requirement for consistency with

the tenth revised edition of the UN Recommendations. (See preamble

discussion under Sec. 172.203.)

A commenter stated that the plus (+) sign is not an appropriate

symbol to denote materials classified on the basis of human experience

because it is used for other purposes in the HMR. RSPA does not agree

with the commenter that the plus sign is an inappropriate symbol and

points out that the plus sign is presently used in the HMR to indicate

materials classified on the basis of human experience. In the NPRM,

RSPA proposed to add the plus sign to additional materials which are

classified on the basis of human experience consistent with the UN

Recommendations. RSPA is not convinced that there would be any benefit

in using a different symbol.

Another commenter expressed concern that the proposal to add a plus

sign to Column (1) of the HMT for epichlorohydrin on the basis of human

experience would cause his company economic hardship. The commenter

stated that, if adopted, the classification would be fixed for every

mixture or solution containing epichlorohydrin, including very dilute

solutions of epichlorohydrin in water even if the mixtures or solutions

do not meet the criteria for hazard classification in the HMR. In

response to this comment, RSPA notes that a mixture or solution

containing epichlorohydrin where the hazard is significantly different

from that of the pure material should be evaluated on the basis of

classification criteria. If such a mixture or solution does not meet

the corresponding hazard class, a different proper shipping name may be

used. Therefore, RSPA is adopting, as proposed, the plus sign for

epichlorohydrin and other materials identified in the NPRM.

The Hazardous Materials Table (HMT). Amendments to the HMT for the

purpose of harmonizing with the tenth revised edition of the UN

Recommendations include the following:

The plus (+) sign is 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

action aligns the HMR with the UN Recommendations which use 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 are 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 are revised. A typographical error in the NPRM's

regulatory text for the entry ``Sodium nitrite'' resulted in omitting

the primary hazard and is corrected in this final rule.

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

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

Technical Instructions and the UN Recommendations.

The entry ``Wheel chair, electric'' is removed as a proper shipping

name and an italicized entry is added to refer users of the HMR to the

proper shipping name ``Battery-powered vehicle or Battery-powered

equipment.'' RSPA received a comment requesting a revision to

Sec. 175.10(a)(20)(iv)(C) which requires the packaging to be marked

``Battery, wet, with wheelchair'' and which the commenter referred to

as a proper shipping name. The commenter stated that the proper

shipping name is not in the HMT. RSPA points out that in

Sec. 175.10(a)(20)(iv)(C), ``Battery, wet, with wheelchair'' is a

marking and not a proper shipping name. On this basis, RSPA has made no

changes to Sec. 175.10(a)(20)(iv)(C).

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

is revised to reflect the alignment of the portable tank assignments

with those in the UN Recommendations.

In the NPRM, RSPA proposed to revise the Column (7) special

provisions relating to portable tanks, for the entry, ``Corrosive

liquids, toxic, n.o.s.,'' UN2922, for Packing Groups I and II. A

[[Page 10745]]

commenter pointed out that the revisions are not consistent with the UN

Recommendations. RSPA agrees with the commenter and is not adopting the

proposed revisions.

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

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

non-bulk packaging authorization reference is revised to read ``221.''

In addition, Sec. 173.221 is amended to authorize bulk packagings. The

packaging authorization for the entry, ``Polymeric beads, expandable,

evolving flammable vapor'' is revised to read ``221.'' (See additional

preamble discussion under Sec. 173.221.)

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

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

RSPA is increasing the passenger aircraft quantity limitation from 25

kg gross mass to 30 kg gross mass. This change is consistent with the

amendments to the 1999-2000 edition of the ICAO Technical Instructions.

In response to a petition for rulemaking (P-1316), RSPA proposed

that baled cotton not meeting the criteria of any hazard class would be

excepted from the requirements of the HMR under certain conditions. In

this final rule, RSPA is adding a new special provision for NA1365,

``Cotton'' (dry), to exclude it from the HMR 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. This action is

consistent with a decision taken by the IMO and a subsequent competent

authority approval issued by RSPA.

As proposed in the NPRM, based on its own initiative, RSPA is

adding a new entry, ``Dangerous goods in machinery or Dangerous goods

in apparatus'' to the HMT. The proper shipping name is assigned

identification number, NA8001, and Special Provision 136 is added for

directions on class assignment. As stated in the NPRM, this entry was

adopted in the ICAO Technical Instructions to provide an exception from

the UN packaging 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. A commenter suggested that the proper shipping name be

given a Class 9 assignment. RSPA agrees with the commenter. RSPA

proposed to the UN Committee of Experts that a UN number and proper

shipping name be provided and that Class 9 be assigned. Following the

Committee's response, RSPA will address this issue in a future

rulemaking.

A commenter requested that RSPA not adopt the proposed change for

the entry, ``Chloropicrin.'' In the NPRM, RSPA proposed to change the

non-bulk packaging authorization cite in Column (8B) from Sec. 173.227

to Sec. 173.193. The proposed change was in error and RSPA is not

adopting this change.

Concerning the new entry, ``Nitroglycerin mixture, desensitized,

liquid, flammable, n.o.s.,'' UN3343, RSPA received a comment

questioning the impact that the new entry would have on existing

competent authority approvals. These competent authority approvals

provide for these materials to be described as ``Flammable liquids,

n.o.s.,'' UN1993. The commenter asked RSPA to consider ``grandfathering

the existing approvals in the final rule.'' It is RSPA's position that

to reflect the new shipping description, these approvals can be updated

upon a request from the approval holders. RSPA believes that the

transition periods adopted in this final rule will provide sufficient

time for processing updated approvals in order to avoid any potential

inconvenience on the part of approval holders.

The Vessel Operators Hazardous Materials Association (VOHMA)

requested that RSPA consider including the alpha-numeric special

provisions corresponding to the codes in Sec. 176.84 for materials

identifed as requiring stowage ``away from'' foodstuffs or ``separated

from'' foodstuffs. VOHMA stated that this action would provide

consistent identification of the materials for proper stowage and

segregation when being transported by vessel. RSPA believes VOHMA's

request has merit and will consider it in a future NPRM to afford the

public the opportunity to provide comments.

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. Readers should review all changes appearing in

the Sec. 172.101 HMT for a complete view of the changes.

Appendix B to Sec. 172.101. A number of materials are added,

removed or amended in the HMR's List of Marine Pollutants. The

amendments are consistent with the marine pollutants identified in

Amendment 29 to the IMDG Code. One entry, ``Nitrates, inorganic,

n.o.s.,'' which was mistakenly referred to in the NPRM's preamble as

being proposed for removal, was actually removed from the marine

pollutant list in an earlier final rule published under Docket HM-215B

(May 6, 1997; 62 FR 24743).

Section 172.102. Eleven new special provisions are added and one is

removed for consistency with the tenth revised edition of the UN

Recommendations; three obsolete special provisions are removed; and two

are editorially revised as follows:

Special Provision 43 is amended 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 is revised to correct an editorial error for

the percentages of phlegmatizers in mixtures.

A new special provision 129 is assigned to the 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 is added for the entry, ``Battery, dry,

not subject to the requirements of this subchapter'' to identify

conditions that must be met before the material may be excepted from

the HMR.

A new special provision 131 is assigned to the 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 is added for the proper shipping name,

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

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 only regulated when

offered for transportation by aircraft and vessel modes.

A new special provision 133 is added for the new entry, ``Air bag

inflators, compressed gas or Air bag modules, compressed gas or Seat-

belt pretensioners, compressed gas,'' to

[[Page 10746]]

clarify which articles should be transported under these shipping

descriptions. The special provision provides conditions for packaging

and design of these articles. In the NPRM, RSPA inadvertently included

articles containing a Division 2.1 gas for which authorization for

transportation is being retained under an exemption. This error is

corrected in this final rule. The air bag and seat-belt pretensioner

descriptions listed in the HMT may be used only for articles that may

be excluded from Class 1.

A new special provision 134 is 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 is added for the 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 is added for the 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. (Also, see preamble discussion

under ``The Hazardous Materials Table.'')

A new special provision 137 is added for the entry, ``Cotton,''

NA1365. See preamble discussion under ``The Hazardous Materials Table

(HMT).''

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

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

definition for soluble lead compounds.

A new special provision A35 is added for the 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 is removed because it no longer is used for

any entries in the HMT.

Special Provision 104 is removed for consistency with the UN

Recommendations and in response to a petition for rulemaking filed by

the Institute of Makers of Explosives (P-1317).

As proposed in the NPRM and based on a previous comment received by

RSPA, Special Provision B101 is editorially revised to clarify that

when intermediate bulk containers are used, only those constructed of

metal are authorized.

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

UN1364. Special Provision N9 is 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) is revised to

reflect that the letter ``G'' in Column (1) of the HMT identifies

n.o.s. and generic proper shipping names requiring a technical name.

(See preamble discussion under Sec. 172.101.)

Section 172.313. A new paragraph (d) is added to reflect that ``PG

III'' may be marked adjacent to the POISON label as an alternative to

displaying the text ``PG III,'' instead of ``Poison'' or ``Toxic,''

below the mid-line of the label. (See preamble discussion under

Secs. 172.400 and 172.400a.)

Sections 172.400, 172.400a.

For poisonous materials in Division 6.1, Packing Group III, RSPA

proposed in the NPRM to eliminate the KEEP AWAY FROM FOOD label and

require the use of a POISON label on such packagings. RSPA also

proposed to allow optional text on the POISON label to read ``PG III,''

instead of ``POISON'' or ``TOXIC.'' (Readers should refer to the NPRM

for background information.) RSPA received approximately ten comments

regarding this issue.

Some of the commenters had concerns about international acceptance

and harmonization of the ``PG III'' text. Several commenters suggested

that RSPA delay consideration and revisit the issue in a future

rulemaking to allow more time for comments and to wait until the

international community adopts the provisions. One commenter requested

that RSPA retain the KEEP AWAY FROM FOOD label as an alternate label.

Because provisions in international regulations permit the insertion of

text indicating the nature of the risk, it is RSPA's opinion that a

POISON label displaying ``PG III'' as text is acceptable in

international transportation. Furthermore, RSPA believes that

sufficient time for comment has been offered for comments and

consideration of the provisions. RSPA published an ANPRM on November 8,

1993, under Docket HM-217 (58 FR 59224), and published an NPRM on

August 18, 1998 NPRM, under Docket HM-215C, 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. Two commenters requested that RSPA consider hazardous

materials employee training and cost impact when considering

implementation of the change. RSPA gave consideration to these issues

before publishing the NPRM, and as explained in the NPRM, and is

providing a sufficient phase-in period to implement the new provisions

for training and minimizes any additional costs that may be incurred.

The Air Line Pilots Association (ALPA) stated its opposition to

placing only the ``PG III'' marking on the POISON label. ALPA stated

that placing the ``PG III'' marking on the label without the ``POISON''

or ``TOXIC'' text would not be understood by hazardous materials

employees who are performing loading functions. RSPA disagrees. Section

172.401(c) allows packages of hazardous materials bearing labels which

are in conformance with the UN Recommendations, ICAO Technical

Instructions, IMDG Code and Canadian TDG Regulations, to be shipped in

the U.S. These labels do not have text indicating the hazard, but

display pictorial hazard warning symbols, which are internationally

recognized.

Most commenters supported an alternative label for Packing Group

III, however, a few commenters suggested that RSPA consider

alternatives other than the ``PG III'' text on the POISON label, such

as a special handling label or that ``PG III'' be allowed to be marked

adjacent to the POISON label. After consideration of commenters'

recommendations, RSPA is adopting the recommendation that a ``PG III''

marking be allowed to be displayed adjacent to the POISON label as

suggested by these commenters. The segregation requirements of

Secs. 174.680(b), 176.600(c) and 177.841(e)(3) are revised to reflect

this change.

In conclusion, RSPA is eliminating the KEEP AWAY FROM FOOD label,

requiring the use of a POISON label on such packagings, and allowing

``PG III'' as optional text on the POISON label or as a marking

adjacent to the label.

Section 172.405. Paragraph (f)(10) in 172.405 is revised to reflect

that a label for a Division 6.1 Packing Group III

[[Page 10747]]

material may be modified to display the text ``PG III'' instead of

``POISON'' or ``TOXIC,'' below the mid-line of the label.

Alternatively, ``PG III'' may be marked adjacent to the label as

authorized by Sec. 172.313. (See also, Secs. 174.680, 176.600 and

177.841.)

Section 172.407. The table in paragraph (b) is revised to add the

lettering size requirements for SPONTANEOUSLY COMBUSTIBLE and DANGEROUS

WHEN WET labels.

Section 172.431. This section is removed and reserved, thereby

deleting the specifications for the KEEP AWAY FROM FOOD label.

Section 172.504. Consistent with the 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 is removed and the entry for

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

hazard is revised. Paragraph (f)(10) is 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 or adjacent to

the POISON label.

Section 172.553. This section is removed and reserved, in line with

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

label.

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. As proposed in the NPRM, the Sec. 173.2a, paragraph

(b) Precedence of Hazard Table is revised to align it with the UN

Recommendations' Precedence of Hazard Table. Consistent with the UN

Recommendations, RSPA is revising two entries to provide for the

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

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

hazard.

Section 173.25. In the NPRM, RSPA proposed to revise paragraph (b)

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). Several commenters stated that they

supported the proposed change to eliminate the requirement that shrink-

wrapped or stretch-wrapped trays conform to the PG III performance

requirements. However, several commenters, including The Hazardous

Materials Advisory Council (HMAC) and the National Paint and Coatings

Association (NPCA) expressed concern with the text ``Inner packagings

are not fragile, liable to break or be easily punctured'' and stated

that this text may need further clarification. The Chemical Specialties

Manufacturers Association (CSMA) stated that the term ``certain

plastics'' should be clarified to explain what is and is not

acceptable. None of the commenters offered any suggested wording. RSPA

notes that the proposed text is consistent with the text in the UN

Recommendations and that to clarify what is meant by fragile

packagings, including ``certain plastics,'' the proposal identifies

examples of such packagings (namely, ``such as packagings made of

glass, porcelain, stoneware or certain plastics.''). RSPA also notes

that the term ``fragile'' is used in Sec. 178.601(g)(2)(i) and that its

use there has not posed any significant difficulties in interpretation.

RSPA also received a request to increase the 20 kg gross weight

limitation. RSPA will consider refinements to this text to further

clarify the meaning of fragile packaging and for increasing the 20 kg

gross weight limitation on the basis of specific written proposals and

may consider them for amendment of international and domestic

regulations in a future rulemaking.

Section 173.28. In the NPRM, RSPA proposed to revise paragraph

(c)(2) and add a new paragraph (c)(5) to authorize the reconditioning

of packagings other than metal drums. RSPA received comments suggesting

revisions to clarify the intent of the paragraph. The Association of

Container Reconditioners (ACR) stated that the proposed changes to

paragraph (c)(2) do not establish a clear and orderly definition for

the reconditioning of non-bulk packages, other than steel drums. HMAC

recommended clarification of the wording ``all components.'' RSPA

agrees with both commenters and is incorporating the recommended

editorial changes into this final rule. This revision is consistent

with amendments adopted in the tenth revised edition of the UN

Recommendations.

Section 173.29. In Sec. 173.29(b)(2)(iv)(B), the referenced

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

F)'' is 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. In the NPRM, RSPA proposed to revise paragraph

(b)(1) to allow for the internal inspection of IM portable tanks to be

waived or substituted by other test methods if a leakproofness test is

performed prior to each filling. One commenter identified an analytical

method which is used to determine leakage in Teflon PTFE-lined tanks

and requested that it be authorized. RSPA is familiar with this method

and has issued an exemption (DOT E-11827) to allow its use in place of

performing the 2.5 year internal inspection. The procedure is very

detailed and does not lend itself to incorporation into the

regulations. To streamline the process of approving other acceptable

methods, RSPA is providing an approval provision to allow other

alternative procedures when approved by the Associate Administrator for

Hazardous Materials Safety.

Section 173.32c. Paragraph (j) is 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. Also, for

consistency with the UN Recommendations, the provision excluding non-

flowable solids is broadened to include viscous liquids with a low flow

rate.

Section 173.34. RSPA is amending the table in paragraph (e) by

adding a footnote to indicate that CTC specification cylinders are

subject to the provisions in Sec. 173.301(i).

Section 173.35. RSPA proposed in the NPRM to eliminate a provision

prohibiting the reuse of fiberboard, wooden and some flexible

intermediate bulk containers (IBCs) but to maintain a restriction

against the reuse of multiwall paper flexible IBCs (13M1 and 13M2).

The Association of Container Reconditioners (ACR) in referring to

paragraph (b)(2), stated that if the required markings are missing, it

may not be possible for a reuser or reconditioner to be sure how to

remark the IBC. RSPA maintains that it is the responsibility of the

reuser or reconditioner to ensure that the IBC is marked correctly and

if the required markings are no longer legible and cannot be

established, the IBC no longer qualifies as a UN standard packaging.

Another commenter expressed concern about permitting the reuse of

corrugated (fiberboard) IBCs with respect to the degradation of the

fiberboard due to reuse. As set forth in paragraph (b), each IBC must

be visually inspected to ensure it is free from corrosion,

contamination, cracks or other damage which would render the IBC unsafe

for transportation. If the IBC has damage which would render it unsafe

for transportation, it is the shipper's obligation to not reuse the

IBC.

Based on the foregoing, RSPA is adopting the changes as proposed.

Also

[[Page 10748]]

see the preamble discussion in Sec. 180.352 concerning IBCs.

Section 173.56. In paragraphs (b)(2)(i) and (b)(3)(i), the

reference to a DOD incorporation by reference document is updated by

removing an outdated edition date. A corresponding change with the

updated edition date is made under Sec. 171.7.

Section 173.59. Consistent with amendments adopted in the tenth

revised edition of the UN Recommendations and consequential amendments

to the HMT, the word ``commercial'' is deleted from the proper shipping

names, ``Charges, shaped, commercial, without detonator'' appearing in

this section.

Section 173.121. In the NPRM, RSPA proposed to revise paragraph (b)

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, and has since been removed from the UN

Recommendations. Although the National Paint and Coatings Association

(NPCA) supports the revision for viscous flammable liquids, NPCA

expressed concern that the text is not consistent with international

standards. Because the UN Recommendations removed the exception, the

text proposed by RSPA and adopted in this final rule is consistent with

the tenth revised edition of the UN Recommendations, the 1999-2000 ICAO

Technical Instructions and Amendment 29 to the IMDG Code. As stated in

the NPRM, RSPA believes the amendment enhances safety while simplifying

the classification provisions in Sec. 173.121.

Section 173.159. In Sec. 173.159(g)(2), RSPA is authorizing

additional packagings for electrolyte, acid or alkaline corrosive

battery fluid included with storage batteries and filling kits. RSPA

received a petition for rulemaking (P-1313) which provided data

supporting that the corrosive effect of battery fluid on 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 with the commenter and is revising paragraph (g)(2) to read

``strong, rigid outer packagings'' to authorize the use of steel drums

and steel boxes. Also, this change eliminates the need for exemption,

DOT E-10989.

A commenter requested that in paragraph (c)(6), the minimum Mullen

test strength of corrugated slip covers be reduced from 200 pounds to

125 pounds. This request is beyond the scope of this final rule and may

be considered in a rulemaking in the future.

Two commenters recommended that RSPA amend the HMR to provide

additional information on the application of the entry, ``Battery, wet,

non-spillable,'' UN2800, to enhance consistency with the ICAO Technical

Instructions and the IMDG Code. Although the requirements applicable

for non-spillable batteries are currently fairly consistent with those

in the ICAO Technical Instructions and the IMDG Code, RSPA agrees that

additional harmonization could be achieved. Considering that the NPRM

did not address requirements for non-spillable batteries, RSPA is not

adopting the commenter's suggestion in this final rule. RSPA will take

this issue into account and consider whether to propose incorporation

of such changes into the HMR in a future NPRM, or develop proposals to

the UN Committee of Experts, ICAO or IMO. Persons interested in

proposing amendments to further harmonize the requirements for non-

spillable batteries are encouraged to provide comments to RSPA with

specific recommendations.

Section 173.162. In Sec. 173.162, the packaging requirements for

gallium are revised to offer shippers a wider selection of packaging

alternatives while maintaining an adequate level of safety. The

revision is consistent with the IMDG Code.

Section 173.164. In Sec. 173.164, in paragraph (a), the limitation

for quicksilver flasks of not more than 3.5 kg (7.7 pounds) capacity is

replaced with 35 kg (77 pounds). This action corrects an editorial

error and brings the quantity in line with ICAO. Paragraph (c) is also

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

limitation for mercury in manufactured articles or apparatuses.

Section 173.166. Section 173.166 is revised for consistency with

the new Division 2.2 entry, ``Air bag inflators pyrotechnic or Air bag

modules pyrotechnic or Seat-Belt pretensioners pyrotechnic.'' Paragraph

(c) is also revised to clarify that the EX number or product code is

required to appear on shipping papers only.

Section 173.196. In Sec. 173.196, paragraph (a)(1)(iii) states 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)(1)(iii), the words ``When

the primary receptacle contains liquids'' are inserted in the first

sentence before ``An absorbent material''.

Section 173.220. RSPA is amending 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 for incorporation in the HMT for internal

combustion engines and vehicles. For editorial purposes and clarity,

specific requirements in Sec. 173.306(d) relevant to gas powered

vehicles and hazardous components installed in vehicles are

consolidated in this section. In addition, based on a comment received

from the Air Transport Association, RSPA is allowing self-propelled

vehicles operated by diesel fuel to be transported by aircraft without

having to drain the tank. This amendment is consistent with the ICAO

Technical Instructions.

Section 173.221. In response to two petitions for rulemaking (P-

1344 and P-1353), RSPA is revising 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. The use of bulk packagings are authorized

for ``Plastic molding compound in dough, sheet or extruded rope form

evolving flammable vapor.''

RSPA received a comment to the NPRM from The Composites Fabricators

Association requesting that paragraph (a) be revised to include steel

racks, metal and plastic crates and shrink-wrap on pallets as non-bulk

packaging authorizations for plastic molding compound in dough, sheet

or extruded rope form, evolving flammable vapor, when transported on

dedicated vehicles or freight containers. The commenter reasoned that

the non-bulk authorizations should include packaging options similar to

those proposed in the NPRM for bulk

[[Page 10749]]

packages in paragraph (b). The commenter states that the use of steel

racks, metal or plastic crates, and shrink-wrap on pallets have been

utilized safely for non-bulk and bulk packagings of plastic molding

compound for decades and their exclusion from non-bulk authorization

would place small producers of plastic molding compound at a

disadvantage to larger producers. RSPA agrees and is revising this

provision accordingly.

The commenter also requested that the italicized descriptions from

the HMT, (i.e., ``evolving flammable vapor'' and ``in dough, sheet or

extruded rope form evolving flammable vapor'' for plastic molding

compound) be added to the proper shipping names in paragraphs (a) and

(b). The commenter stated that omitting the italicized description may

result in confusion among manufacturers of plastic molding compounds

that do not evolve flammable vapor. RSPA agrees with the commenter and

is revising paragraphs (a) and (b) to reflect the clarification.

Section 173.222. RSPA is removing the current provisions appearing

in Sec. 173.222 pertaining to wheelchairs transported in commerce. The

removal of these provisions is consistent with the amendment removing

the entry for ``Wheel chair, electric'' in the HMT. As stated earlier

in the preamble discussion to the HMT, an italicized entry is added to

refer users of the HMR to ``Battery-powered vehicle or Battery-powered

equipment,'' UN3171. ``Battery-powered vehicle'' and ``Battery-powered

equipment'' are the proper shipping names used in the ICAO Technical

Instructions, IMDG Code and UN Recommendations for wheel chair,

electric. Section 173.222 will contain requirements applicable to the

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

Apparatus.'' These requirements are consistent with those currently in

the ICAO Technical Instructions. (Also see preamble discussion under

the HMT.)

Section 173.224. RSPA is adding the word ``product'' before the

word ``evaluation'' in paragraph (c)(3). This change clarifies that the

exception for samples applies for purposes of shipping products for

evaluation and not only for hazard classification purposes.

Section 173.225. In paragraph (b), a new organic peroxide

formulation is added to the Organic Peroxides table consistent with the

tenth revised edition of the UN Recommendations. Various entries are

corrected due to typographical errors. n addition, in line with the

revision in Sec. 173.224(c)(3), the word ``product'' is inserted before

the word ``evaluation'' in paragraph (c)(2). In addition, various

changes are made to correct printing errors.

Section 173.243. RSPA is adding a new paragraph (e)(3) to authorize

a material with a Class 8 subsidiary hazard, PG III to be packaged in

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

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, is incorporating this allowance into the

HMR.

Section 173.301. RSPA is revising paragraph (i) to clarify that

non-DOT specification cylinders which are being imported into or

exported from the U.S. or passing through the U.S., in the course of

being shipped between places outside the U.S., 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 was not readily apparent in Sec. 173.301(i) which

resulted in numerous inquiries by users of the HMR.

This section also is revised to allow use of Canadian Transport

Commission (CTC) specification cylinders for transportation to, from

and within the U.S. In the NPRM, based in part on a petition for

rulemaking submitted by the Compressed Gas Association, Inc. (CGA, P-

1321), RSPA proposed to authorize use of certain Canadian cylinders

manufactured in conformance with the Canadian Transport of Dangerous

Goods (TDG) Regulations and marked ``TDG'' or ``CTC.'' The NPRM

proposed four conditions for use of these cylinders including a

requirement that the cylinder be marked ``DOT/'' immediately before the

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

supported the proposal authorizing Canadian cylinders to be filled and

transported to, from and within the U.S. However, several commenters,

including CGA and the National Welding Supply Association, Inc. (NWSA)

and Transport Canada were opposed to marking Canadian specification

cylinders at the time of requalification with a ``DOT'' marking

preceding the Canadian marking already on the cylinder. They stated

that a cylinder in full conformance with the TDG Regulations should not

be required to be marked ``DOT'' and they requested that RSPA allow the

cylinders to transported in commerce in the U.S. without any additional

marking.

Transport Canada stated that ``Canadian cylinders, like DOT

cylinders, are manufactured worldwide under controlled certification,

third party approval and retest procedures consistent with RSPA's third

party approval and retest procedures.'' They also pointed out that

cylinders manufactured and approved according to the TDG Regulations

are currently marked ``TC'' and that there are no Canadian cylinders

marked ``TDG.'' Earlier Canadian manufactured cylinders have the

markings ``CTC'', ``CRC'' and ``BTC.'' They requested that RSPA

consider authorizing use of all TC specification packagings, including

those corresponding to DOT or MC specification markings.

One commenter stated that because the authorization to use Canadian

cylinders is included in Sec. 171.12a, as opposed to Part 173 of the

HMR, the provision falls short of full acceptance of cylinders approved

by Transport Canada. The commenter stated that the proposed provision

would not permit the transport of Canadian cylinders from one point in

the U.S. to another, or transport from the U.S. into Canada.

On the basis of the comments, RSPA is adopting the proposed

provisions with several modifications. RSPA is adding the authorization

to use CTC cylinders in Sec. 173.301, instead of Sec. 171.12a. The

authorization will allow cylinders marked ``CTC'' and conforming to TDG

Regulations to be transported to, from and within the U.S. Section

171.2(d)(1) is amended by adding the letters ``CTC'' to the list of

specification indications that may not be misrepresented according to

Sec. 171.2(c). Section 173.34(e) is amended to include the retest

periods for CTC specification cylinders and to allow these foreign

cylinders to be excepted from Sec. 173.301(j) when they conform to

certain conditions. RSPA is not including the requirement to mark

Canadian specification cylinders at the time of requalification with a

``DOT'' marking preceding the Canadian marking already on the cylinder.

To allow time for trade associations to inform retesters and fillers

about the decisions taken in this rule, RSPA is not

[[Page 10750]]

authorizing immediate voluntary compliance; that is, upon publication

of this final rule, with the new requirements in Sec. 173.301(i)(2) for

CTC specification cylinders. RSPA is authorizing use of the new

requirements applicable to CTC specification cylinders consistent with

the effective date of the final rule (October 1, 1999).

RSPA is not authorizing use of CRC and BTC cylinders in

Sec. 173.301(i). RSPA believes that there is not an overwhelming number

of cylinders bearing the ``CRC'' or ``BTC'' marks available for

transport into the U.S. to justify addressing them in Sec. 173.301(i).

These cylinders were manufactured prior to 1973 and many are no longer

in service. RSPA is concerned that recognizing these additional marks

would unnecessarily complicate the cylinder specification marking

system used in the U.S. In addition, RSPA is not authorizing the use of

TC specification cylinders in this final rule because they are marked

with the service pressure in metric units according to the Canadian TDG

Regulations. RSPA is concerned that the metric marking on these

cylinders would be confusing for U.S. retesters and refillers. RSPA

proposed the adoption of four new metric-marked DOT cylinder

specifications in a proposed rule (HM-220; 63 FR 58469) published

October 30, 1998. RSPA may consider authorizing the use of TC cylinders

once certain issues are addressed, such as the training and education

for retesters and fillers, and the differences in marking requirements

for TC cylinders and those for the proposed new DOT specification

cylinders. The decisions taken in this rule are not intended to and do

not impact the continued acceptance of Canadian or U.S. cylinders which

are dual marked ``CTC'' and ``DOT'' to indicate that they conform to

the requirements of the TDG Regulations and the HMR.

Section 173.306. RSPA received several comments pertaining to the

NPRM's proposal to include an exception in Sec. 173.306(f) for

accumulators intended to function as shock absorbers, struts, gas

springs, pneumatic springs or other energy absorbing devices. In the

NPRM, RSPA proposed to except the accumulators from the requirements of

the HMR, if they meet certain conditions. The majority of commenters

supported the exception and complimented RSPA for harmonizing the HMR

with the UN Recommendations. The American Automobile Manufacturers

Association (AAMA) stated that efficiencies and cost savings will be

realized by adopting the exception. One commenter suggested a change to

the exception, as proposed in the NPRM, by requesting that the minimum

burst pressure for pressurized accumulators be changed to three times

the charge pressure. The commenter provided no technical details or

safety justification for the alternative requirement, other than to

claim that an industry standard specifies a safety factor of two times

the charge pressure. The commenter also stated that the proposed

exception will not effect the exemption, DOT E 8786. RSPA points out

that the exemption does not authorize a minimum burst pressure of three

times the charge pressure. On the contrary, the exemption specifies

burst pressures consistent with those proposed in the NPRM.

Based on the foregoing, RSPA is adopting, as proposed, the new

accumulator exception by adding a new paragraph (f)(4). This amendment

is consistent with Special Provision 283 in the tenth revised edition

of the UN Recommendations, as modified in a petition from the AAMA, (P-

1335). RSPA also is adopting, as proposed, an approval provision to

allow accumulators not conforming to the provisions of the new

exception parameters to be considered by RSPA under its approvals

program. In addition, the provisions in paragraphs (d)(1), (d)(2),

(d)(3) and (d)(4) are relocated to the revised Sec. 173.220 and the

subparagraphs are removed.

Part 174

Section 174.81. The paragraph (f) Compatibility Table for Class 1

(Explosive) Materials is revised to allow Compatibility Group G to be

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

certain conditions. This allowance is consistent with the

Sec. 176.144(a) Table for Authorized Mixed Stowage for Explosives

aboard vessels and with the IMDG Code. RSPA is revising the

Sec. 177.848 Compatibility Table to reflect the same allowance.

Section 174.680. Paragraph (b) is 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 is removed and replaced by a reference to a

modified POISON label displaying ``PG III'' text, or a ``PG III''

marking placed immediately adjacent to the POISON label.

Part 175

Section 175.630. Paragraph (a) is amended by removing the reference

to the KEEP AWAY FROM FOOD label.

Part 176

Section 176.76. A new paragraph (i) is added, consistent with

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) are revised and a

new paragraph (a)(10) is added to clarify segregation requirements

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

for the segregation requirement ``Away From,'' ``No restriction'' for

``Open versus open--On deck'' is revised to read ``At least 3 meters.''

These changes are consistent with Amendment 29 of the IMDG Code.

Section 176.600. This section is 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,'' or a ``PG III''

marking adjacent to the POISON label, must be stowed away from living

quarters, ventilation ducts serving living quarters and separated from

foodstuffs. This stowage requirement does not apply when hazardous

materials and foodstuffs are stowed in different closed transport

units.

Part 177

Section 177.841. Paragraph (e)(3) is revised to specify

requirements for separating Division 6.1, PG III materials from

foodstuffs, consistent with provisions in Sec. 177.848. However, a

package containing a Division 6.1, PG III material and bearing either a

primary or subsidiary POISON hazard warning label with text displaying

``PG III,'' or an adjacent ``PG III'' marking, may be transported on

the same vehicle as foodstuffs if separated to prevent commingling.

Section 177.848. In paragraph (f), the Compatibility Table for

Class 1 (Explosive) Materials is revised to allow Compatibility Group C

to be loaded and transported on the same vehicle with Compatibility

Groups C, D and E under certain conditions. This allowance is

consistent with the wording in the Sec. 176.144(a) Table for Authorized

Mixed Stowage for Explosives aboard vessels and in the IMDG Code. RSPA

is also revising the Sec. 174.81 Compatibility Table to reflect the

same allowance.

Part 178

Section 178.270-3. In paragraph (e), a reference to ISO 82-1974(E)

Steels-Tensile Testing is revised to correct a printing error.

Section 178.509. As proposed in the NPRM, paragraph (b) is amended

to

[[Page 10751]]

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. The Association of Container Reconditioners

(ACR) expressed their support of the general goal of encouraging

greater reuse of recycled plastic in new drums. However, ACR believes

the proposal, as presented, is inadequate and that RSPA is ignoring

action taken by the UN Committee of Experts, creating a significant

burden on the approvals process, and possibly creating supply and

demand imbalances. RSPA believes that at the present time, the use of

recycled plastics should only be allowed under an approval process.

RSPA believes additional experience data is needed to support

introduction of specific provisions for its use into the HMR.

Also, due to a typographical error in paragraph (b) in the NPRM,

the word ``when'' is corrected to read ``unless.''

Section 178.703. Under Docket HM-215B (62 FR 24743), RSPA added a

requirement to Sec. 178.703(b)(6)(ii) which stated, ``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 and 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

identify this requirement as applying only to parts intended to be

detached for dismantling. RSPA is incorporating this text into the HMR

in response to concerns raised by industry regarding the costs

associated with applying the existing HMR marking requirements.

Section 178.813. RSPA is revising paragraph (b) to provide for the

inner receptacle of a composite IBC to 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 the NPRM, in paragraph (b), RSPA proposed to

relocate to Sec. 173.35, a requirement that a person must perform a

visual inspection prior to filling an IBC. The periodic leakproofness

test and visual inspection requirements were proposed to be retained in

paragraphs (b)(1) and (b)(2). In paragraph (b)(3), consistent with the

changes in Sec. 173.35, RSPA proposed to allow the reuse of rigid

plastic and composite IBCs, to require that they must also be

internally inspected at least every five years. This is consistent with

paragraph 6.5.1.6.4 of the UN Recommendations.

RSPA proposed 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.

Two commenters supported the proposal, but were concerned that IBCs

may be reused when they are not fully capable of withstanding

transportation rigors. The commenters requested RSPA to establish

specific inspection criteria. In response to these comments, RSPA

points out that inspection criteria were proposed in the NPRM and are

adopted in this final rule. However, if industry develops concensus

standards with more detailed and specific inspection criteria for

determining the adequacy of various types of IBCs for reuse, RSPA will

consider incorporating such standards in the HMR in a future

rulemaking.

ACR also recommended that RSPA revise the definition of IBC design

type to permit replacement of inner receptacles of composite IBCs with

receptacles manufactured by companies other than the original

manufacturer, as well as replacement of service and structural

equipment. This is beyond the scope of this final rule and should be

proposed to RSPA in a petition for rulemaking. However, as stated in

current Sec. 178.801(c)(7)(iv), a packaging that differs in service

equipment is not considered to be a new design type.

The Rigid Intermediate Bulk Container Association (RIBCA)

recommended that RSPA include provisions for the maintenance of

serviceable IBCs, as well as the repair of damaged IBCs. This issue

also is beyond the scope of this final rule and may be addressed in a

separate rulemaking.

Based on the foregoing, RSPA is adopting the changes as proposed.

(Also see preamble discussion under Sec. 173.35.)

V. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This final 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 final 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 final rule addresses covered subjects under items i, ii, iii

and v above and, 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 final rule incorporates changes introduced in the tenth

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

Instructions, and Amendment 29 to the IMDG Code. (The

[[Page 10752]]

ICAO Technical Instructions and the IMDG Code were updated in a final

rule, published October 29, 1998 [Docket HM-215C; 63 FR 44312].) It

applies to offerors and carriers of hazardous materials and will

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 in this final rule are not

adopted. The changes are intended to avoid this result. The costs

associated with this final rule are considered to be so minimal as to

not warrant preparation of a regulatory impact analysis or regulatory

evaluation. In contrast, the majority of 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 final rule 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 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 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 in this final rule 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

authorization to allow use of recycled plastic materials when approved

by the Associate Administrator for Hazardous Materials Safety, the

relaxation of filling requirements for IM portable tanks, the

authorization to use steel packages for batteries and the 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 amendments. Therefore, I

certify that this final rule will not, if promulgated, have a

significant economic impact on a substantial number of small entities.

D. Paperwork Reduction Act

The requirements for information collection have been approved by

the Office of Management and Budget (OMB) under 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 final 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 amended as

follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for part 171 continues to read as

follows:

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

Sec. 171.2 [Amended]

2. In Sec. 171.2, in paragraph (d)(1), the wording `` `MC,' or

`UN';'' is removed and `` `CTC,' `MC,' or `UN';'' is added in its

place.

Sec. 171.7 [Amended]

3. 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 ``Fireworks

and Novelties'' is revised to read ``Fireworks, Novelties, and

Theatrical Pyrotechnics'' and the wording ``April 1993 Edition'' is

revised to read ``January 23, 1998 version''.

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'' is revised to read ``ASTM D 56-

97a''.

[[Page 10753]]

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 ``Closed Tester'' is revised to

read ``Closed Cup Tester'' and the wording ``ASTM 93-94'' is revised to

read ``ASTM D 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 word ``Setaflash'' is revised to

read ``Small Scale'' and the wording ``ASTM D 3278-95'' is 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'' is 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 number A8020.8'' is

revised to read 8020.8B'' and the wording ``Procedure, December 1989''

is revised to read ``Procedures, January 1998''.

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

entry ``ISO 8115 Cotton bales--Dimensions and density, 1986 Edition''

is added in alpha-numeric order in the first column and the reference

``172.102'' is added in the second column.

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

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

wording ``Ninth Revised Edition (1995)'' is revised to read ``Tenth

Revised Edition (1997)'' and in the second column, the reference

A172.519;'' is removed.

i. 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 ``172.102,'' is added immediately

before ``173.21''.

4. In Sec. 171.8, the following definitions are revised to read as

follows:

Sec. 171.8 Definitions and abbreviations.

* * * * *

N.O.S. means not otherwise specified.

N.O.S. description means a shipping description from the

Sec. 172.101 table which includes the abbreviation n.o.s.

* * * * *

Sec. 171.11 [Amended]

5. In Sec. 171.11, in paragraph (d)(14), the wording ``An aerosol''

is removed and ``Except as provided for limited quantities of

compressed gases in containers of not more than 4 fluid ounces capacity

under Sec. 173.306(a)(1) of this subchapter, aerosols'' is added in its

place.

Sec. 171.12 [Amended]

6. In Sec. 171.12, in paragraph (b)(17), the wording ``An aerosol''

is removed and ``Except as provided for limited quantities of

compressed gases in containers of not more than 4 fluid ounces capacity

under Sec. 173.306(a)(1) of this subchapter, aerosols'' is added in its

place.

Sec. 171.12a [Amended]

7. in Sec. 171.12a, in paragraph (b)(16), the wording ``An

aerosol'' is removed and ``Except as provided for limited quantities of

compressed gases in containers of not more than 4 fluid ounces capacity

under Sec. 173.306(a)(1) of this subchapter, aerosols'' is added in its

place.

8. In Sec. 171.14, paragraph (d) introductory text and paragraph

(d)(1) are revised and paragraph (d)(3) is added to read as follows:

Sec. 171.14 Transitional provisions for implementing certain

requirements.

* * * * *

(d) A final rule published in the Federal Register on March 5,

1999, effective October 1, 1999, resulted in revisions to this

subchapter. During the transition period provided in paragraph (d)(1)

of this section, a person may elect to comply with either the

applicable requirements of this subchapter in effect on September 30,

1999, or the requirements of this subchapter in the March 5, 1999 final

rule, in effect on October 1, 1999.

(1) Transition dates. The effective date of the March 5, 1999 final

rule is October 1, 1999. A delayed compliance date of October 1, 2000

is authorized. On October 1, 2000, all applicable regulatory

requirements adopted in the March 5, 1999 final rule in effect on

October 1, 1999 must be met.

* * * * *

(3) Until October 1, 2003, the KEEP AWAY FROM FOOD labeling and

placarding requirements in effect on September 30, 1999, 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, the following changes are made:

a. In the table in paragraph (b), in Column 1, the entry ``Division

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

revised to read ``Division 6.1, PG I (other than Zone A or B inhalation

hazard), PG II, or PG III''.

b. In the table in paragraph (b), the entry ``Division 6.1, PG

III'' is removed.

c. In paragraph (d)(2), in the first sentence, the wording ``in

effect on September 30, 1997, or new requirements of this subchapter in

the May 6, 1997 rule, in effect on October 1, 1997,'' is removed and

``in effect on September 30, 1999, or new requirements of this

subchapter in the March 5, 1999 final rule, in effect on October 1,

1999,'' is added in its place.

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

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

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

follows:

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

11. In Sec. 172.101, paragraph (b) introductory text is revised,

paragraphs (b)(4) and (b)(5) are redesignated as paragraphs (b)(5) and

(b)(6) respectively, and a new paragraph (b)(4) is 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'', ``G'', ``I'' and ``W'' as follows:

* * * * *

(4) The letter ``G'' identifies proper shipping names for which one

or more technical names 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 paragraph (g), in the Label

Substitution Table, the following changes are made:

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

inhalation hazard)'' is revised to read ``6.1 (other than inhalation

hazard, Zone A or B)''.

b. The entry ``6.1 (III)\2\'' is removed.

13. In Sec. 172.101, the Hazardous Materials Table is 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 10754]]

Sec. 172.101--Hazardous Materials Table

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

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

materials ---------------------------------------------------------------------------------------------------------

Symbols descriptions and Hazard class Identification PG Label codes Special provisions

proper shipping or division numbers Exceptions Non-bulk Bulk Passenger Cargo Location Other

names aircraft/rail aircraft only

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

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

[REMOVE]

* * * * * * *

Acetic acid

solution, with

more than 10

percent but not

more than 80

percent acid, by

mass (UN2790)

(PG II).

* * * * * * *

Air bag inflators

or Air bag

modules or Seat-

belt pre-

tensioners.

* * * * * * *

Alkali metal

amalgams.

* * * * * * *

Amyl alcohols (PG

II, III).

* * * * * * *

Automobile,

motorcycle,

tractor, or

other self-

propelled

vehicle, engine,

or other

mechanical

apparatus. see

Engines or

Battery etc.

* * * * * * *

Battery, wet,

with wheelchair,

see Wheelchair,

electric.

* * * * * * *

Benzoic

derivative

pesticides,

liquid,

flammable,

toxic, flash

point less than

23 degrees C.

(UN2770) (PG I,

II).

[[Page 10755]]

Benzoic

derivative

pesticides,

liquid, toxic.

(UN 3004) (PG I,

II, III).

Benzoic

derivative

pesticides,

liquid, toxic,

flammable,

flashpoint not

less than 23

degrees C. (UN

3003) (PG I, II,

III).

Benzoic

derivative

pesticides,

solid, toxic (UN

2769) (PG I, II,

III).

* * * * * * *

Charges, shaped,

commercial,

without

detonator (UN

0059).

Charges, shaped,

commercial,

without

detonator (UN

0439).

Charges, shaped,

commercial

without

detonator (UN

0440).

Charges, shaped,

commercial

without

detonator (UN

0441).

* * * * * * *

Dithiocarbamate

pesticides,

liquid,

flammable,

toxic, flash

point less than

23 degrees C.

(UN 2772) (PG I,

II).

Dithiocarbamate

pesticides,

liquid, toxic

(UN 3006) (PG I,

II, III).

Dithiocarbamate

pesticides,

liquid, toxic,

flammable,

flashpoint not

less than 23

degrees C. (UN

3005) (PG I, II,

III).

Dithiocarbamate

pesticides,

solid, toxic (UN

2771) (PG I, II,

III).

[[Page 10756]]

* * * * * * *

Elevated

temperature

liquid, n.o.s.,

at or above 100

C and below its

flash point

(UN3257).

* * * * * * *

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).

[[Page 10757]]

* * * * * * *

Nitroglycerin

mixture with

more than 2

percent but not

more than 10

percent

nitroglycerin,

by mass,

desensitized.

* * * * * * *

2,5-Norbornadiene

or Bicyclo

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

diene, inhibited.

* * * * * * *

Octyl aldehydes,

flammable.

* * * * * * *

Phenoxy

pesticides,

liquid,

flammable,

toxic, flash

point less than

23 degrees C.

(PG I, II).

Phenoxy

pesticides,

liquid toxic (PG

I, II, III).

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).

[[Page 10758]]

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,

flashpoint not

less than 23

degrees C. (PG

I, II, III).

Phthalimide

derivative

pesticides,

solid, toxic (PG

I, II, III).

* * * * * * *

A W Polychlorinated

biphenyls.

* * * * * * *

Pyrophoric

organometallic

compound, n.o.s.

* * * * * * *

D 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).

[[Page 10759]]

* * * * * * *

A D Wheel chair,

electric

(spillable or

non-spillable

type batteries).

* * * * * * *

[ADD:]

* * * * * * *

Acetic acid 8............. UN2790.......... II............ 8................ A3, A6, A7, A10, B2, 154.......... 202........... 242.......... 1 L.......... 30 L......... A

solution, not T8.

less than 50

percent but not

more than 80

percent acid, by

mass.

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.

* * * * * * *

Air bag 2.2........... UN3353.......... .............. 2.2.............. 133.................. 166.......... 166........... 166.......... 75 kg........ 150 kg....... A

inflators,

compressed gas

or Air bag

modules,

compressed gas

or Seat-belt

pretensioners,

compressed gas.

Air bag 9............. UN3268.......... III........... 9................ ..................... 166.......... 166........... 166.......... 25 kg........ 100 kg....... A

inflators,

pyrotechnic or

Air bag modules,

pyrotechnic or

Seat-belt

pretensioner,

pyrotechnic.

* * * * * * *

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

amalgam, liquid.

Alkali metal 4.3........... UN1389.......... I............. 4.3.............. B101, B106, N40...... None......... 211........... 242.......... Forbidden.... 15 kg........ D

amalgam, solid.

* * * * * * *

Automobile,

motorcycle,

tractor, other

self-propelled

vehicle, engine,

or other

mechanical

apparatus, see

Vehicles or

Battery etc.

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

regulated

liquid, n.o.s.

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

regulated solid,

n.o.s.

[[Page 10760]]

* * * * * * *

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

hepta-2, 5-

diene, inhibited

or 2,5-Norbor-

nadiene,

inhibited.

* * * * * * *

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

* * * * * * *

* * * * * * *

Charges, shaped, 1.1D.......... UN0059.......... II............ 1.1D............. ..................... None......... 62............ None......... Forbidden.... Forbidden.... B............

without

detonator.

Charges, shaped, 1.2D.......... UN0439.......... II............ 1.2D............. ..................... None......... 62............ None......... Forbidden.... Forbidden.... B............

without

detonator.

Charges, shaped, 1.4D.......... UN0440.......... II............ 1.4D............. ..................... None......... 62............ None......... Forbidden.... 75........... A............ 24E

without

detonator.

Charges, shaped, 1.4S.......... UN0441.......... II............ 1.4S............. ..................... None......... 62............ None......... 25 kg........ 100 kg....... A

without

detonator.

* * * * * * *

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

in Machinery or

Dangerous Goods

in Apparatus.

* * * * * * *

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

corrosive,

n.o.s. or Dye

intermediates,

solid,

corrosive, n.o.s.

* * * * * * *

Elevated 9............. UN3257.......... III........... 9................ T1................... None......... None.......... 247.......... Forbidden.... Forbidden.... A............ 85

temperature

liquid, n.o.s.,

at or above 100

C and below its

flash point

(including

molten metals,

molten salts,

ect.).

* * * * * * *

[[Page 10761]]

* * * * * * *

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..... A

combustion,

flammable liquid

powered.

* * * * * * *

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

oxidizing, n.o.s.

G ................. .............. ................ 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).

* * * * * * *

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

mixture,

compressed,

n.o.s.

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

mixture,

liquefied, n.o.s.

* * * * * * *

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

gases,

flammable, n.o.s.

* * * * * * *

G. 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.

G 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.

G Insecticide 2.3........... UN3355.......... .............. 2.3, 2.1......... 3, B14............... None......... 302, 305...... 314, 315..... Forbidden.... Forbidden.... D

gases, toxic,

flammable,

n.o.s.

Inhalation

hazard Zone C.

G Insecticide gases 2.3........... UN3355.......... .............. 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 gross... 35 kg gross.. A .............

packed with

equipment.

[[Page 10762]]

* * * * * * *

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, T30..... 150.......... 203........... 241.......... 60 L......... 220 L........ B............ 95

* * * * * * *

Metal alkyl 4.2........... UN3049.......... I............. 4.2, 4.3......... B9, B11, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............

halides, water- 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, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............

hydrides, water- T40.

reactive, n.o.x.

or Metal aryl

hydrides, water-

reactive, n.o.s..

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.................. None......... 214........... None......... Forbidden.... Forbidden.... 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..

* * * * * * *

Octyl aldehydes.. 3............. UN1191.......... III........... 3................ B1, T1............... 150.......... 203........... 242.......... 60 L......... 220 L........ A .............

[[Page 10763]]

* * * * * * *

Pentaerythrite 4.1........... UN3344.......... II............ 4.1.............. 118.................. None......... 214........... None......... Forbidden.... Forbidden.... E............ 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 3............. 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.......... 60 L......... 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, 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........ 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

* * * * * * *

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

biphenyls,

liquid.

A, W........... Polychlorinated 9............. UN2315.......... II............ 9................ 9, 81................ 155.......... 212........... 240.......... 100 kg....... 200 kg....... A............ 34

biphenyls, solid.

* * * * * * *

Pyrethroid 3............. 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........ A............ 40

[[Page 10764]]

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

pesticide,

liquid,

flammable,

toxic,

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,

soild, toxic.

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

III........... 6.1.............. ..................... 153.......... 213........... 230.......... 100 kg....... 200 kg....... A............ 40

* * * * * * *

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

organometallic

compound, water-

reactive, n.o.s.

* * * * * * *

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.

* * * * * * *

Thiocarbamate 3............. UN2772.......... I............. 3, 6.1........... ..................... None......... 201........... 243.......... Forbidden.... 30 L......... B............ 40

pesticide,

liquid,

flammable,

toxic, flash

point less than

23 degrees C .

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

Thiocarbamate 6.1........... UN3006.......... I............. 6,1.............. T42.................. None......... 201........... 243.......... 1 L.......... 30 L......... B............ 40

pesticide,

liquid, toxic.

II............ 6.1.............. T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... B............ 40

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

Thiocarbamate 6.1........... UN3305.......... I............. 6.1, 3........... T42.................. None......... 201........... 243.......... 1 L.......... 30 L......... B............ 40

pesticides,

liquid,

flammable,

toxic, flash

point not less

than 23 degrees

C .

II............ 6.1, 3........... T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... B............ 40

III........... 6.1, 3........... T13.................. 153.......... 203........... 242.......... 60 L......... 220 L........ A............ 40

Thiocarbamate 6.1........... UN2771.......... I............. 6.1.............. ..................... None......... 211........... 242.......... 5 kg......... 50 kg........ A............ 40

pesticides,

solid, toxic.

II............ 6.1.............. ..................... None......... 212........... 242.......... 25 kg........ 100 kg....... A............ 40

[[Page 10765]]

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

* * * * * * *

Thiourea dioxide. 4.2........... 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.

* * * * * * *

Wheel chair, ............ .............. ............ ............... ................... ........... ............ ........... ........... ........... ...........

electric, see

Battery powered

vehicle or

Battery powered

equipment.

* * * * * * *

Xanthates........ 42............ UN3342.......... II............ 4.2.............. ..................... None......... 212........... 241.......... 15kg......... 50kg......... D............ 40

* * * * * * *

III........... 4.2.............. ..................... None......... 213........... 241.......... 25kg......... 100kg........ D............ 40

[REVISE:]

* * * * * * *

Acetonitrile..... 3............. UN1648.......... II............ 3................ T14.................. 150.......... 202........... 242.......... 5L........... 60L.......... B............ 40

* * * * * * *

Aerosols, 2.1........... UN1950.......... .............. 2.1.............. N82.................. 306.......... None.......... None......... Forbidden.... 150kg........ A............ 40, 48, 85

flammable,

n.o.s. (engine

starting fluid)

(each not

exceeding 1 L

capacity).

* * * * * * *

G Alkaline earth 4.2........... UN3205.......... III........... 4.2.............. 65................... None......... 213........... 241.......... 25kg......... 100kg........ B .............

metal

alcoholates,

n.o.s.

* * * * * * *

Aluminum alkyl 4.2........... UN3052.......... I............. 4.2, 4.3......... B9, B11, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............

halides. T40.

Aluminum alkyl 4.2........... UN3076.......... I............. 4.2, 4.3......... B9, B11, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............

hydrides. T40.

Aluminum alkyls.. 4.2........... UN3051.......... I............. 4.2, 4.3......... B9, B11, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............

T40.

* * * * * * *

+ Aminophenols (o-; 6.1........... UN2512.......... III........... 6.1.............. TI................... 153.......... 213........... 240.......... 100 kg....... 200 kg....... A .............

m-; p).

[[Page 10766]]

* * * * * * *

A, W Ammonium nitrate 9............. UN2071.......... III........... 9................ 132.................. 155.......... 213........... 240.......... 200 kg....... 200 kg....... A .............

fertilizers:

uniform non-

segregating

mixtures of

nitrogen/

phosphate or

nitrogen/postash

types or

complete

fertilizers of

nitrogen/

phosphate/

postash type,

with not more

than 70 percent

ammonium nitrate

and not more

than 0.4 percent

total added

combustible

material or with

not more than 45

percent ammonium

nitrate with

unrestricted

combustible

material.

* * * * * * *

G Articles, 1.4C.......... UN0351.......... II............ 1.4C............. 101.................. None......... 62............ None......... Forbidden.... 75 kb........ A............ 24E

explosive, n.o.s.

G Articles, 1.4D.......... UN0352.......... II............ 1.4D............. 101.................. None......... 62............ None......... Forbidden.... 75 kg........ A............ 24E

explosive, n.o.s.

G Articles, 1.4G.......... UN0353.......... II............ 1.4G............. 101.................. None......... 62............ None......... Forbidden.... 75 kg........ A............ 24E

explosive, n.o.s.

* * * * * * *

Batteries, wet, 8............. UN2794.......... III........... 8................ ..................... 159.......... 159........... 159.......... 30 kg gross.. No limit..... A .............

filed with acid,

electric storage.

Batteries, wet, 8............. UN2795.......... III........... 8................ ..................... 159.......... 159........... 159.......... 30 kg gross.. No limit..... A .............

filed with acid,

electric storage.

* * * * * * *

Batteries, dry, .............. ................ .............. ................. 130.................. ............. .............. ............. ............. ............. ............. .............

not subject to

the requirements

of this

subchapter .

* * * * * * *

Battery-powered 9............. UN3171.......... .............. 9................ 134.................. 220.......... 220........... None......... No limit..... No limit.

vehicle or

Battery-powered

equipment.

[[Page 10767]]

* * * * * * *

+ Bromine or 8............. UN1744.......... I............. 8, 6.1........... 1, A3, A6, B9, B64, None......... 226........... 249.......... Forbidden.... Forbidden.... ............. 12, 40, 66,

Bromine B85, N34, N43, T18, 74, 89, 90

solutions. T41.

* * * * * * *

+ Chlorodinitrobenz 6.1........... UN1577.......... II............ 6.1.............. T14.................. None......... 212........... 242.......... 25 kg........ 100 kg A............ 91

enes.

* * * * * * *

Chlorosilanes, 8............. UN2987.......... II............ 8................ B2, T14, T26......... 154.......... 202........... 242.......... 1 L.......... 30 L......... C............ 40

corrosive, n.o.s.

Chlorosilanes, 3............. UN2985.......... II............ 3, 8............. B100, T17, T26....... None......... 201........... 243.......... 1 L.......... 5 L.......... B............ 40

flammable,

corrosive, n.o.s.

Chlorosilanes, 4.3........... UN2988.......... I............. 4.3,3,8.......... A2, T18, T26......... None......... 201........... 244.......... Forbidden.... 1 L.......... D............ 21, 28, 40,

water-reactive, 49, 100

flammable,

corrosive, n.o.s.

* * * * * * *

D, W Cotton........... 9............. NA1365.......... .............. 9................ 137, W41............. None......... None.......... None......... No limit..... No limit..... A .............

A, W Cotton waste, 4.2........... UN1364.......... III........... 4.2.............. ..................... None......... 213........... None......... Forbidden.... Forbidden.... A............ 54

oily.

* * * * * * *

Detonator 1.4S.......... UN0500.......... II............ 1.4S............. ..................... 63(f), 63(g). 62............ None......... 25 kg........ 100 kg....... A .............

assemblies, non-

electric for

blasting.

* * * * * * *

Detonators, 1.4S.......... UN0456.......... II............ 1.4S............. ..................... 63(f), 63(g). 62............ None......... 25 kg........ 100 kg....... A .............

electric for

blasting.

* * * * * * *

Detonators for 1.4S.......... UN0366.......... II............ 1.4S............. ..................... None......... 62............ None......... 25 kg........ 100 kg....... A .............

ammunition.

* * * * * * *

Detonators, non- 1.4S.......... UN0455.......... II............ 1.4S............. ..................... 63(f), 63(g). 62............ None......... 25 kg........ 100 kg....... A .............

electric for

blasting.

* * * * * * *

+ Dichloroamilines, 6.1........... UN1590.......... II............ 6.1.............. T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... A............ 40

liquid.

+ Dichloroanilines, 6.1........... UN1590.......... II............ 6.1.............. T14.................. None......... 212........... 242.......... 25 kg........ 100 kg....... A............ 40

solid.

+ o-Dichlorobenzene 6.1........... UN1591.......... III........... 6.1.............. T7................... 153.......... 203........... 241.......... 60 L......... 220 L........ A .............

* * * * * * *

Dichlorophenyl 6.1........... UN2250.......... II............ 6.1.............. ..................... None......... 212........... 242.......... 25 kg........ 100 kg....... B............ 25, 40, 48

isocyanates.

* * * * * * *

+ N, N- 6.1........... UN2432.......... III........... 6.1.............. T2................... 153.......... 203........... 241.......... 60 L......... 220 L........ A .............

Diethylaniline.

* * * * * * *

Diethylzinc...... 4.2........... UN1366.......... I............. 4.2, 4.3......... B11, T28, T40........ None......... 181........... 244.......... Forbidden.... Forbidden.... D............ 18

* * * * * * *

Dimethylzinc..... 4.2........... UN1370.......... I............. 4.2, 4.3......... B11, B16, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D............ 18

T40.

[[Page 10768]]

* * * * * * *

G Environmentally 9............. UN3082.......... III........... 9................ 8, T1................ 155.......... 203........... 241.......... No limit..... No limit..... A .............

hazardous

substances,

liquid, n.o.s.

G Environmentally 9............. UN3077.......... III........... 9................ 8, B54, N20.......... 155.......... 213........... 240.......... No limit..... No limit..... A .............

hazardous

substances,

solid, n.o.s.

* * * * * * *

+ Epichlorohydrin.. 6.1........... UN2023.......... II............ 6.1, 3........... T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... A............ 40

* * * * * * *

A, W Fibers or 4.2........... UN1373.......... III........... 4.2.............. 137.................. None......... 213........... 241.......... Forbidden.... Forbidden.... A .............

Fabrics, animal

or vegetable or

Synthetic,

n.o.s. with

animal or

vegetable oil.

* * * * * * *

Hexamethylene 6.1........... UN2281.......... II............ 6.1.............. B101, T14............ None......... 202........... 243.......... 5 L.......... 60 L......... C............ 13, 40

diisocyanate.

* * * * * * *

Hydrogen 5.1........... UN2984.......... III........... 5.1.............. A1, B104, T8, T37.... 152.......... 203........... 241.......... 2.5 L........ 30 L......... B............ 25, 75, 106

peroxide,

aqueous

solutions with

not less than 8

percent but less

than 20 percent

hydrogen

peroxide

(stabilized as

necessary).

* * * * * * *

+ Isobutyl 3............. UN2486.......... I............. 3, 6.1........... 1, B9, B14, B30, B72, None......... 226........... 244.......... Forbidden.... Forbidden.... D............ 40

isocyanate. T37698, T43, T44.

[[Page 10769]]

* * * * * * *

G Isocyanates, 6.1........... UN3080.......... II............ 6.1, 3........... T15.................. None......... 202........... 243.......... 5 L.......... 60 L......... B............ 25, 40, 48

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.

G Isocyanates, 6.1........... UN2206.......... II............ 6.1.............. T15.................. None......... 202........... 243.......... 5 L.......... 60 L......... E............ 25, 40, 48

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.

G Isocyanates, 6.1........... UN2206.......... III........... 6.1.............. T8................... 153.......... 203........... 241.......... 60 L......... 220 L........ E............ 25, 40, 48

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.

* * * * * * *

Isocyanatobenzotr 6.1........... UN2285.......... II............ 6.1, 3........... 5, B101, T14......... None......... 202........... 243.......... 5 L.......... 60 L......... D............ 25, 40, 48

ifluorides.

* * * * * * *

Lead compounds, 6.1........... UN2291.......... III........... 6.1.............. 138.................. 153.......... 213........... 240.......... 100 kg....... 200 kg....... A .............

soluble, n.o.s.

* * * * * * *

Magnesium alkyls. 4.2........... UN3053.......... I............. 4.2, 4.3......... B11, T28, T29, T40... None......... 181........... 244.......... Forbidden.... Forbidden.... D............ 18

* * * * * * *

Nitric acid other 8............. UN2031.......... I............. 8, 5.1........... B47, B53, T9, T27.... None......... 158........... 243.......... Forbidden.... 2.5 L........ D............ 44, 66, 89,

than red fuming, 90, 110, 111

with more than

70 percent

nitric acid.

* * * * * * *

+ Nitroanilines (o- 6.1........... UN1661.......... II............ 6.1.............. T14.................. None......... 212........... 242.......... 25 kg........ 100 kg....... A .............

; m-; p-;).

+ Nitroanisole..... 6.1........... UN2730.......... III........... 6.1.............. T8................... 153.......... 213........... 240.......... 100 kg....... 200 kg....... A .............

+ Nitrobenzene..... 6.1........... UN1662.......... II............ 6.1.............. T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... A............ 40

* * * * * * *

Nitrogen 2.2........... UN2451.......... .............. 2.2, 5.1......... ..................... None......... 302........... None......... Forbidden.... 25 kg........ D............ 40

trifluoride,

compressed.

[[Page 10770]]

* * * * * * *

+ Nitrophenols (o-; 6.1........... UN1663.......... III........... 6.1.............. T8, T38.............. 153.......... 213........... 240.......... 100 kg....... 200 kg....... A .............

m-; p-;).

* * * * * * *

Organic pigments, 4.2........... UN3313.......... III........... 4.2.............. ..................... None......... 213........... 241.......... 25 kg........ 100 kg....... C .............

self-heating.

* * * * * * *

G Organometallic 4.3........... UN3207.......... I............. 4.3, 3........... T28.................. None......... 201........... 244.......... Forbidden.... 1 L.......... E............ 40

compound or

Compound

solution or

Compound

dispersion,

water-reactive,

flammable, n.o.s.

G Organometallic 4.3........... UN3207.......... II............ 4.3, 3........... T28.................. None......... 202........... 243.......... 1 L.......... 5 L.......... E............ 40

compound or

Compound

solution or

Compound

dispersion,

water-reac

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