[Federal Register: October 23, 2000 (Volume 65, Number 205)]
[Proposed Rules]
[Page 63293-63342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc00-14]
[[Page 63293]]
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Part II
Department of Transportation
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Research and Special Programs Administration
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49 CFR Parts 171, 172, 173, etc.
Harmonization With the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organizations Technical Instructions; Proposed
[[Page 63294]]
Rule
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178 and 180
[Docket No. RSPA-2000-7702 (HM-215D)]
RIN 2137-AD41
Harmonization With the United Nations Recommendations,
International Maritime Dangerous Goods Code, and International Civil
Aviation Organization's Technical Instructions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: RSPA proposes to amend the Hazardous Materials Regulations
(HMR) to maintain alignment with international standards by
incorporating various changes to proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, air
transport quantity limitations and vessel stowage requirements. In
addition, RSPA proposes to revise the requirements for intermediate
bulk containers and UN portable tanks for alignment with international
requirements. Because of recent changes to the International Maritime
Dangerous Goods Code (IMDG Code), the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), and the United
Nations Recommendations on the Transport of Dangerous Goods (UN
Recommendations), these proposed revisions are necessary to facilitate
the transport of hazardous materials in international commerce.
DATES: Comments must be received by December 22, 2000.
ADDRESSES: Address comments to the Dockets Management System, U.S.
Department of Transportation, Room PL 401, 400 Seventh St., SW.,
Washington, DC 20590-0001. Comments should identify the docket number
RSPA-00-7702 (HM-215D) and be submitted in two copies. If you wish to
receive confirmation of receipt of your comments, include a self-
addressed stamped postcard. You may also submit and review all comments
by accessing the Docket Management System website at
http://dms.dot.gov.
Click on ``Help and Information'' to obtain instructions
for filing a document electronically. The Dockets Unit is located on
the Plaza Level of the Nassif Building at U.S. DOT at the above
address. Public dockets may be reviewed between the hours of 10 a.m.
and 5 p.m., Monday through Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous
Materials Standards, telephone (202) 366-8553, or Bob Richard,
Assistant International Standards Coordinator, telephone (202) 366-
0656, Research and Special Programs Administration, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On December 21, 1990, the Research and Special Programs
Administration (RSPA) (hereafter, ``we'' and ``our'' means ``RSPA'')
published a final rule based on the UN Recommendations [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. The 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, while at the same time ensuring the safe
transportation of hazardous materials.
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. They serve as the basis for national,
regional, and international modal regulations (specifically, the IMDG
Code, issued by the International Maritime Organization (IMO), and the
ICAO Technical Instructions, issued by the ICAO Dangerous Goods Panel).
In 49 CFR 171.12, the HMR authorize hazardous materials shipments
prepared in accordance with the IMDG Code if all or part of the
transportation is by vessel, subject to certain conditions and
limitations. Offering, accepting and transporting hazardous materials
by aircraft, in conformance with the ICAO Technical Instructions, and
by motor vehicle either before or after being transported by aircraft,
are authorized in Sec. 171.11, subject to certain conditions and
limitations.
Since publication of the 1990 final rule, we have issued three
additional international harmonization final rules, (Dockets HM-215A,
59 FR 67390; HM-215B, 62 FR 24690; and HM-215C, 64 FR 10742). The rules
provided additional harmonization with international air and sea
transportation requirements by more fully aligning the HMR with the
corresponding biennial updates of the UN Recommendations, the IMDG Code
and the ICAO Technical Instructions.
The continually increasing amount of hazardous materials
transported in international commerce warrants the harmonization of
domestic and international requirements to the greatest extent
possible. Harmonization serves to facilitate international
transportation and at the same time ensures the safety of people,
property and the environment. Therefore, in our efforts to continue the
alignment of the HMR with international requirements, this NPRM
proposes changes to the HMR based on the eleventh revised edition of
the UN Recommendations, the 2001-2002 ICAO Technical Instructions and
Amendment 30 to the IMDG Code, all of which become effective January 1,
2001. Petitions for rulemaking pertinent to harmonization with
international standards and the facilitation of international
transportation are also addressed in this NPRM and serve as the basis
of certain proposed changes. Other proposed changes are based on
feedback from the regulated industry, RSPA and other DOT modal
administrations, including a few proposed editorial clarifications and
a Class 1 (explosives) placarding allowance for certain compatibility
groups. Unless otherwise stated, the revisions are proposed for
harmonization with international standards.
II. Overview of Proposed Changes in this NPRM
Proposed amendments to the HMR in this NPRM include:
--Incorporation by reference of the updated ICAO Technical
Instructions, IMDG Code and UN Recommendations and addition of
incorporation by reference of six current standards which include an
International Atomic Energy Agency (IAEA) safety standard, an IMO
safety standard, three International Organization for Standardization
(ISO) standards and one American Society for Testing Materials (ASTM)
standard.
--Amendments to the Hazardous Materials Table (HMT) which would add,
revise or remove certain proper shipping names, hazard classes, packing
groups, special provisions, packaging authorizations, bulk packaging
requirements, and passenger and cargo aircraft maximum quantity
limitations. Proper
[[Page 63295]]
shipping name amendments include the proposal to replace the word
``inhibited'' with ``stabilized.'' Entry removals include certain
domestic entries for which corresponding UN entries are included in the
HMT.
--Revision of vessel stowage category definitions and codes for Class 1
(explosive) materials.
--Revision of shipping paper requirements for sea transport.
--Addition, removal and revision of certain entries to the List of
Marine Pollutants.
--Addition, removal and revision of special provisions, including
removal of current T codes and IBC bulk provisions and addition of UN
portable tank codes and IBC special packing provisions, consistent with
those in the UN Recommendations.
--Removal of the requirement to distinguish between primary and
subsidiary risk labels and placards.
--Addition and revision to the list of organic peroxides and the list
of self-reactive substances.
--Revision of the requirements pertaining to the transportation of
samples.
--Revision of intermediate bulk container (IBC) requirements including
amendments to the IBC commodity sections in Secs. 173.240, 173.241,
173.242, 173.243 and 173.247, and addition of UN IBC packing
instructions and special IBC packing provisions in part 172.
--Incorporation of the design, construction and use requirements for UN
portable tanks.
--Consolidation of current portable tank maintenance, approval and use
requirements.
--Inclusion of flexible grandfather provisions for the continued use of
IM 101, IM102 and DOT 51 portable tanks.
--Removal of specifications for DOT 52 and 53 portable tanks and the
provisions for their continued use.
--Incorporation of a provision for the use of the ``W'' mark for IBCs.
--Inclusion of a 12 mm minimum marking size for IBCs.
--Revision of minimum thickness requirements for metal IBCs.
--Revision of several explosives packing methods to allow a broader
selection of authorized packagings.
--Revision of provisions for cigarette lighters and alcoholic beverages
carried aboard aircraft.
--Allowance of the display of one placard when certain explosive
compatibility groups are transported together.
--Revision of lithium battery requirements.
III. Summary of Regulatory Changes by Section
Part 171
Section 171.7. We propose to update the incorporation by reference
for the ICAO Technical Instructions, the IMDG Code, the UN
Recommendations and the UN Manual of Tests and Criteria. In addition,
we propose to add an ASTM standard, the current edition of the IAEA
safety standard, an IMO standard, and three ISO standards.
All of the updated incorporation by reference material will become
effective January 1, 2001 and would be updated as follows:
--The ICAO Technical Instructions--2001-2002 edition.
--The IMDG Code--Amendment 30.
--The UN Recommendations--eleventh revised edition.
--The UN Manual of Tests and Criteria--third revised edition.
Additionally, all of the proposed added incorporation by reference
material would become effective January 1, 2001 and would be added as
follows:
--ASTM's ``E 112-96 Standard for Test Methods for Determining Average
Grain Size'' would be added to define ``fine grain steel'' as included
in the proposed incorporation of the UN portable tank specifications in
Sec. 178.274.
--IAEA's current ``Regulations for the Safe Transport of Radioactive
Material, No. ST-1,'' 1996 edition would be added while retaining the
previous edition entitled, ``Regulations for the Safe Transport of
Radioactive Material, Safety Series No. 6.'' The ST-1 requirements were
incorporated in the IMDG Code and the ICAO Technical Instructions which
will both be effective January 1, 2001. Adding the updated ST-1 edition
and retaining Safety Series No. 6 would afford the flexibility
necessary in an interim period when international shipments are
required to be in accordance with the ST-1 edition. Domestic shipments
would remain subject to the HMR requirements, which are based on Safety
Series No. 6 pending amendment of these requirements under a separate
rulemaking.
--IMO'S current ``International Code for the Safe Carriage of Packaged
Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on
Board Ships' (INF Code) would be added. The IMO Maritime Safety
Committee adopted the INF Code for incorporation into the IMDG Code. In
addition, the INF Code is being made mandatory for international
transportation effective January 1, 2001, through an amendment to
Chapter VII of the International Convention for the Safety of Life at
Sea, 1974 (SOLAS 1974, as amended). The incorporation by reference and
inclusion of the proposed new Sec. 176.720 requirement for a vessel
carrying irradiated nuclear fuel, plutonium and high-level radioactive
wastes would align the HMR with these international standards. (Also,
see Sec. 176.2. and Sec. 176.720.)
--Finally, we are proposing to add three ISO standards to coincide with
the proposed incorporation of the UN portable tank requirements. The
standards are as follows: ``ISO 1496-3 Series 1 freight containers--
Specification and testing,'' 1996 edition; ``ISO 4126-1 Safety valves-
Part 1: General Requirements,'' 1991 edition; and, ``ISO 6892 Metallic
materials--Tensile testing,'' 1984 edition.
Section 171.8. We would add four new definitions to Sec. 171.8.
``Large packaging'' would be added to correspond with the proposed
addition of an approval provision that would allow the use of large
packagings which comply with requirements in the UN Recommendations
(see Sec. 178.801). Large packagings are UN-marked bulk packagings
which are very similar to IBCs, with the exception that they contain
inner packagings. ``Liner'' would be added for clarification purposes.
``Stabilized'' would be added in conjunction with the proposal to
replace the word ``inhibited'' with ``stabilized'' in proper shipping
names (see Sec. 172.101). Finally, ``UN portable tank'' would be added
in conjunction with the proposal to include requirements for the
design, construction and use of UN portable tanks (see Secs. 178.274,
178.275, 178.276, 178.277).
Section 171.10. To correspond with the proposed incorporation of
the UN portable tank specifications, we would add the unit of measure
for ``Newton'' into the Table of Conversion Factors in paragraph
(c)(2).
Section 171.11. We propose to add a new paragraph (d)(17) to ensure
conformance with the current approval provision in Sec. 173.128(d)
which requires an approval from the Associate Administrator for the
offering for transportation or transport of organic peroxides that are
not identified by technical name in the Sec. 173.225(b) Organic
Peroxide Table. (We also propose to add the new paragraph under
Secs. 171.12 and 171.12a.)
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Section 171.12. Paragraph (b)(3) would be revised by adding a
limitation to the use of the IMDG Code by requiring that viscous
flammable liquids, which are excepted from the IMDG Code when in a
packaging of less than 450 liters (118.9 gallons) capacity, are subject
to the HMR. We do not agree that the IMDG Code exception provides an
adequate level of safety and opposed its incorporation in the ICAO
Technical Instructions, the IMDG Code and UN Recommendations. We
believe this requirement is necessary to ensure that importers and
exporters are aware that these viscous flammable liquids are regulated
in the United States. We also propose to add a new paragraph (b)(19) to
ensure conformance with the current approval provision in
Sec. 173.128(d), which requires an approval from the Associate
Administrator for the offering for transportation or transport of
organic peroxides that are not identified by technical name in the
Sec. 173.225(b) Organic Peroxide Table. Finally, we proposed to revise
paragraph (d) to reflect the addition of the current edition of the
IAEA ``Regulations for the Safe Transport of Radioactive Material, No.
ST-1,'' 1996 edition. (See Sec. 171.7 for discussion concerning the
addition of the updated ST-1 standards.)
Section 171.12a. We propose to add a new paragraph (b)(18) to
ensure conformance with the current approval provision in
Sec. 173.128(d) which requires an approval from the Associate
Administrator for the offering for transportation or transport of
organic peroxides that are not identified by technical name in the
Sec. 173.225(b) Organic Peroxide Table.
Section 171.14. We propose to revise paragraphs (d) and (d)(1) to
authorize a delayed implementation date for the amendments adopted in
the HM-215D final rule. The effective date of this final rule would be
October 1, 2001. However, we would authorize a voluntary compliance
date of January 1, 2001. This authorization would allow shippers to
prepare their international shipments in accordance with the new ICAO
Technical Instructions, the IMDG Code and the HMR provisions. We also
would authorize a delayed mandatory compliance date comparable to the
transition provisions provided in the final rule under Docket HM-215C.
The delayed mandatory compliance date would offer sufficient time to
implement the new provisions and deplete current stocks of shipping
papers, labels, placards and packagings affected by the new
requirements.
We would revise paragraph (d)(2) to permit intermixing old and new
(HM-215D) hazard communication requirements until October 1, 2002.
We would add a new paragraph (d)(4) to allow the use of the T code
special provisions (proposed to be assigned to a hazardous material in
Column (7) of the HMT) in effect on December 31, 2000 until January 1,
2010 for hazardous materials offered for transportation in IM and IMO
portable tanks. This proposal is consistent the IMDG Code and would
minimize any undue regulatory burden.
Part 172
Section 172.101. For alignment with international standards, we
would revise paragraph (c)(11) and add new paragraphs (k)(6) through
(k)(20). Consistent with the eleventh revised edition of the UN
Recommendations, we would revise paragraph (c)(11) for materials
transported as samples which are assigned a tentative proper shipping
name, hazard class, identification number and packing group. We would
revise the requirements by requiring the word ``SAMPLE'' to be included
in association with the proper shipping name and by prohibiting the
samples from being packaged together with other hazardous materials. We
also would add a new paragraph (c)(16) to allow for the inclusion of
the qualifying words ``liquid,'' ``solid'' or ``molten,'' as
applicable, to a proper shipping name.
Consistent with the new stowage categories and terminology
contained in Amendment 30 of the IMDG Code, we would add new paragraphs
(k)(6) through (k)(20) to include the IMDG vessel stowage category
definitions for Class 1 (explosive) materials. (Also see preamble
discussion under ``The Hazardous Materials Table'' and Sec. 176.63.)
The Hazardous Materials Table (HMT). Proposed amendments to the HMT
for the purpose of harmonizing with the eleventh revised edition of the
UN Recommendations (unless otherwise stated) would include the
following:
--For the entries, ``Other regulated substances, liquid, n.o.s.'' and
``Other regulated substances, solid, n.o.s.,'' we would add the letter
``G'' to Column (1). The letter ``G,'' which denotes the n.o.s. and
generic proper shipping names which are required to be supplemented
with the technical names of the hazardous material (in parentheses and
in association with the basic description), was inadvertently omitted
in Docket HM-215C (64 FR 10742).
--We would add the following new entries: ``Nitroglycerin mixture,
desensitized, liquid, n.o.s. with not more than 30% nitroglycerin by
mass,'' UN3357; ``Propellant, solid,'' UN0501; ``Refrigerating machines
containing flammable, non-toxic, liquefied gas,'' UN3358; ``Rockets
with inert head,'' UN0502; and ``1H-Tetrazole,'' UN0504.
--We would revise the entry, ``Dangerous Goods in Machinery or
Dangerous Goods in Apparatus'' by replacing the identification number
NA8001 with UN3363, designating a Class 9 assignment and revising
Special Provision 136 (see Sec. 172.102). These proposed changes
reflect the adoption of the entry by the UN Committee of Experts and
amendments agreed to by the ICAO Dangerous Goods Panel. The entry was
added to the HMT under Docket HM-215C as NA8001 and assigned Special
Provision 136 to prescribe the appropriate hazard class assignment. As
explained in HM-215C, the 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. For machinery or apparatus not specifically
listed in the HMT, the entry provides a practical means of describing
and transporting machinery or apparatus containing small quantities of
hazardous materials. In HM-215C, we stated that upon the assignment of
a UN identification number, we would revise the entry accordingly. This
was accomplished in the eleventh revised edition of the UN
Recommendations in which UN3363 was assigned and this entry was
assigned to Class 9. The ICAO Technical Instructions were amended
consistent with this UN decision. Therefore, based on the above
discussion, we are proposing to revise the entry, ``Dangerous Goods in
Machinery or Dangerous Goods in Apparatus'' by assigning it to Class 9,
replacing the domestic identification number with an international
identification number, and revising Special Provision 136.
--We are proposing to revise all proper shipping names containing the
word ``inhibited'' by replacing ``inhibited'' with the word
``stabilized.'' (Also, see proposed definition for ``stabilized'' in
Sec. 171.8.) Replacing the word ``inhibited'' with ``stabilized'' would
recognize that, in addition to inhibition, other means of controlling
self-reaction would be acceptable. The proposed allowance of additional
means of stabilization and the proposed removal of certain domestic
entries from the HMT (see domestic entry removals later in this
section) would also address a petition for
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rulemaking (P-1304) requesting that we add a new domestic entry,
``Methyl methacrylate monomer, uninhibited,'' Class 3, NA1247, PG II to
the HMT.
--We would revise the following proper shipping names: ``Lithium
hypochlorite, dry or Lithium hypochlorite mixtures, dry,'' UN1471;
``Printing ink, flammable,'' UN1210; and ``Nitrocellulose membrane
filters,'' UN3270.
--For the entry, ``Methacrylic acid, inhibited,'' UN2531, we would
replace Packing Group III with Packing Group II.
--We propose to remove various domestic entries that have assigned
``NA'' identification numbers. After reviewing the domestic entries, we
determined that the HMR includes ``UN'' identification numbers assigned
to entries that are equally appropriate in a number of instances, and
in these instances the NA numbers are no longer necessary. Included in
the proposed removals are seven domestic pesticide proper shipping
names identified by the pesticide industry as no longer being used.
These entries are: ``Aldrin, liquid,'' NA2762; ``Aldrin, solid,''
NA2761; ``Dieldrin,'' NA2761; ``Methyl parathion liquid,'' NA3018;
``Methyl parathion solid, NA2783; ``Parathion,'' NA2783 and
``Tetraethyl pyrophosphate solid,'' NA3018.
--We would add radioactive material (Class 7) entries consistent with
new entries introduced in the UN Recommendations and IAEA's
``Regulations for the Safe Transport of Radioactive Material, No. ST-
1'' and revise the current radioactive material entries in the HMR to
allow for domestic shipment only.
--For Class 1 (explosive) entries, we would revise Columns (10A) and
(10B) to reflect the vessel stowage codes as they are presented in
Amendment 30 to the IMDG Code. (See Sec. 172.101(k) and Sec. 176.63.)
--For the international entry ``Methanol,'' we would add a plus mark
(+) in Column (1) of the HMT to indicate that this entry is classified
with a subsidiary hazard of Class 6.1 on the basis of human experience.
--We would remove the entry ``Isobutyric anhydride,'' UN2530.
--For the entry ``Morpholine,'' UN2054, we would replace Class 3 with
Class 8, replace Packing Group III with Packing Group I , and add Class
3 as the subsidiary hazard.
--For ``Organic peroxide type F, solid, temperature controlled,''
(UN3120), we would remove the Packing Group III entry that was due to a
printing error in 49 CFR. The PG II entry would remain.
--For approximately 14 Zone A and B toxic-by-inhalation entries, we
would revise the quantity limits for transport by air to ``forbidden.''
These revisions would be consistent with other toxic-by-inhalation
entries in the HMT.
--For the entry ``Fire extinguishers containing compressed or liquefied
gas'' we would add Special Provision 110 to Column (7).
--Based on a petition for rulemaking (P-1338) that we received from the
Aluminum Company of America (Alcoa), we propose to add Special
Provisions 128 and B115 to the entry, ``Magnesium granules, coated,
particle size not less than 149 microns,'' UN2950. Special Provision
128 allows material meeting the Class 8 definition to be classed as a
Division 4.3 with a Class 8 subsidiary hazard. Special Provision B115
authorizes the use of certain non-specification bulk packagings when
the material being transported is loaded dry. Special Provisions 128
and B115 are currently assigned to ``Aluminum smelting by-products or
Aluminum remelting by-products.'' Alcoa states that magnesium granules
exhibit the same hazard properties as aluminum smelting and remelting
by-products and behave similarly to these materials by occasionally
meeting the criteria for both Division 4.3 and Class 8 materials. We
agree with the petitioner and propose to add Special Provisions 128 and
B115 to the entry ``Magnesium granules, coated, particle size not less
than 149 microns,'' UN2950. (Also, see Sec. 172.102, Special Provision
128.)
--For approximately 1,600 entries, we would revise Column (7) by
harmonizing the HMR authorizations for IBCs with those contained in the
UN Recommendations. In most cases, the UN Recommendations provide for
greater flexibility in the use of different types of IBCs. However, in
a few instances, the incorporation of the UN IBC requirements would
further restrict the types of IBCs that are currently authorized for
certain hazardous materials. For example, some Packing Group II liquid
hazardous materials of Class 3, Division 6.1 and Class 8 that are
currently authorized to be transported in composite IBCs with flexible
inner receptacles (such as 31HZ2) would not be authorized in these
types of IBCs if the UN provisions are adopted. For the benefit of the
reader and to facilitate a review of the proposed amendments, we have
included a table identifying all of the affected hazardous materials
and indicating the current bulk assignments and the proposed IBC
assignments. We would set out the IBC packaging requirements in a
newly-created IBC Table under the Special Provisions section in
Sec. 172.102(c)(4). The table would consist of IBC Codes (using the
designations 1B1-1B99) corresponding to the UN IBC packing
instructions, and BB Codes corresponding to the UN IBC special packing
provisions. We would assign the IBC packing instructions and the BB
codes to specific hazardous materials in Column (7) of the Sec. 172.101
HMT consistent with assignments in the UN Recommendations. In addition,
we believe that consolidating the IBC requirements into one table would
make it easier for readers to identify the authorized IBCs for specific
hazardous materials and would enhance safety and international
harmonization. As a result of this proposal, we would revise the bulk
special provisions in Sec. 172.102 (c)(3) to remove the current bulk
codes relevant to the use of IBCs. We would also revise the current IBC
packaging authorizations under Secs. 173.240(d), 173.241(d), 173.242(d)
and 173.243(d).
This proposal also addresses a petition we received from the Rigid
Intermediate Bulk Container Association (RIBCA) (P-1395) requesting
that we amend the HMR to expand the use of IBCs consistent with new UN
provisions. Specifically, the petitioner requested uniformity with the
UN Recommendations by requesting that the HMR allow the use of rigid
plastic IBCs and composite IBCs with a rigid plastic inner receptacle
for certain liquids. We are in agreement with RIBCA's request; however,
in the interest of harmonization, we believe it would be more
beneficial to adopt the UN Recommendations' IBC packing instructions in
totality, and, as such, present the proposal as discussed above.
For purposes of the Government Printing Office's typesetting
procedures, readers should be aware that for certain entries in the
HMT, such as those with revised proper shipping names, the change may
appear as a removal and addition, as opposed to a revision of the
regulatory text in the Column (2) changes. Readers should review all
changes appearing in the Sec. 172.101 regulatory text for a complete
view of the proposed changes.
Appendix B to Sec. 172.101. For the readers' convenience, in
Appendix B to Sec. 172.101, List of Marine Pollutants, we
[[Page 63298]]
would revise paragraph ``1'' by referencing Sec. 171.4, which contains
the applicability and exceptions for offering for transportation or
transporting marine pollutants. We would revise paragraph ``2'' to
reflect the IMDG Code's provision for the use of two Class 9 proper
shipping names when a marine pollutant is not listed by name or by
synonym in the HMT and does not meet the definitions of Class 1 through
8. In addition, a number of materials would be added, removed or
amended in the List of Marine Pollutants. Included is the proposed
removal of the entry ``EPTC (ISO)'' which also was the subject of a
petition for rulemaking (P-1360) requesting removal of the entry based
on its removal from the IMDG Code. Various other entries previously
identified as marine pollutants are proposed to be removed. All of the
proposed amendments to the List of Marine Pollutants are consistent
with the marine pollutants provided in Amendment 30 of the IMDG Code.
Section 172.102. We propose to revise, add and remove special
provisions as follows:
--Special Provision 43 would be revised to include a provision which
would except ``Nitrocellulose membrane filters,'' UN3270 from the HMR
requirements if shown not to meet the criteria for a Division 4.1
hazardous material, according to burn rate tests in Sub-section 33.2.1.
of the UN Manual of Tests and Criteria, Part III.
--Special Provision 110 would be revised to more fully identify fire
extinguishers that may be assigned to certain proper shipping names.
The proposal would also provide for harmonization with the ICAO
Technical Instructions. (We also propose to add the special provision
to the entry, ``Fire extinguishers containing compressed or liquefied
gas.'' See Sec. 172.101 proposed HMT changes.)
--Special Provision 128 would be revised based on the proposal to
assign it to ``Magnesium granules, coated, particle size not less than
149 microns.'' (See Sec. 172.101, proposed Column (7) changes.)
--Special Provision 136 would be revised to reflect the changes adopted
by the UN Committee of Experts and the ICAO Dangerous Goods Panel for
the entry ``Dangerous Goods in Machinery or Dangerous Goods in
Apparatus.'' (Also see Sec. 172.101.) We would revise the special
provision by removing the text specific to the determination of the
hazard class based on the UN Committee of Experts' decision that items
under this entry should be assigned to Class 9.
--A new Special Provision 139 would be added for two new proposed
entries, ``Radioactive material, transported under special arrangement,
fissile'' and ``Radioactive material, transported under special
arrangement non-fissile or fissile-excepted.'' The special provision
requires international shipments using the two entries to be made under
an IAEA Certificate of Competent Authority to be issued by the U.S.
Competent Authority. Domestic shipments transported under the two
entries would be allowed only under a DOT exemption.
--A new Special Provision 142 would be assigned for the new entry
``Nitroglycerin mixture, desensitized, liquid, n.o.s.'' The special
provision would require the material to be approved by the Associate
Administrator.
--A new Special Provision 143 would be added for the entry ``Life-
saving appliances, not self-inflating, containing dangerous goods as
equipment.'' The special provision would clarify which articles may be
transported under this entry.
-- In conjunction with the proposal to revise and consolidate the IBC
requirements (see Sec. 172.101, Column (7) changes), we would make the
following changes: revise the special provisions for bulk packagings in
paragraph (c)(3) to exclude IBCs by revising Special Provisions B53 and
B69 and removing Special Provisions B100, B101, B103 through B106 and
B108 through B110, and a new paragraph (c)(4) would be added for
special provisions specific to IBCs (BB Codes).
--The current T codes in paragraph (c)(7) would be revised to reflect
the proposed incorporation of requirements for UN portable tanks and
would apply to hazardous materials of Classes 2 through 9. The revised
T codes would be consistent with those in the UN Recommendations and
the IMDG Code and would supersede the current HMR IM portable tank T
codes. The T code provisions would be required in addition to the
proposed requirements in part 178. The codes specify the types of
authorized portable tanks according to the specific hazardous material
transported in the portable tank. Portable tank assignments for Zone A
and Zone B toxic-by-inhalation liquids would remain consistent with
their current assignments in the HMR. In instances where the UN
requires a competent authority approval for transportation in portable
tanks (such as when TP9 is assigned in the UN Recommendations), we have
removed the approval provision. A transition period would be provided
for the continued use of the existing T codes for IM portable tanks
(see Sec. 171.14(d)(5)).
--A new Special Provision W7 would be added for seven proposed new
Class 7 entries and would assign the vessel stowage category ``D,'' as
defined in Sec. 172.101(k)(4), to uranyl nitrate hexahydrate solution.
--A new Special Provision W8 would be added for four proposed new Class
7 entries and would assign the vessel stowage category ``D,'' as
defined in Sec. 172.101(k)(4), to pyrophoric thorium metal or
pyrophoric uranium metal.
--Finally, a new Special Provision W9 would be added for assignment to
the entries, ``Calcium hypochlorite, dry or Calcium hypochlorite
mixtures dry with more than 39 percent available chlorine (8.8 percent
available oxygen,'' UN1748; ``Calcium hypochlorite, hydrated or Calcium
hypochlorite, hydrated mixtures with not less than 5.5 percent but not
more than 10 percent water,'' UN2880; and ``Calcium hypochlorite
mixtures, dry, with more than 10 percent but not more than 39 percent
available chlorine.'' UN2208. This proposed action would align the
packaging requirements for these entries with those contained in
Amendment 30 to the IMDG Code by authorizing certain packagings only
when approved by the Associate Administrator.
Section 172.203. We are proposing to revise paragraphs (d)(11), (i)
and (n). In paragraph (d)(11), we propose to allow an exception from
the requirement to add the appropriate group notation to the shipping
description for a shipment of low specific activity material or surface
contaminated objects provided the symbols are contained in the proper
shipping name.
In paragraph (i), we would add two additional shipping paper
description requirements for transportation by vessel. The first
amendment would be added as new paragraph (i)(5) and would require the
flashpoint for a liquid hazardous material with a flashpoint of 61
deg.C or below to be included on shipping papers when transported by
water. We received a petition (P-1402) from the Vessel Operators
Hazardous Materials Association (VOHMA) requesting that we add an
additional shipping paper description requirement to include the
minimum flashpoint in degrees Celsius for Class 3 (flammable)
[[Page 63299]]
or combustible liquid hazardous materials. VOHMA stated that the
amendment would help support compliance with the current stowage
requirements in Sec. 176.305(c) and the segregation requirements (Code
22 and 23, see Sec. 176.84) as designated in Column (10B) of the
Sec. 172.101 Hazardous Materials Table. We agree with the petitioner's
reasoning; however, for consistency with the IMDG Code, we propose to
add the requirement to specify the flashpoint when it is 61 deg.C or
below for all such liquid hazardous materials whether or not the
primary hazard is Class 3. The second amendment to the additional
shipping paper description requirements for transportation by vessel
would be added as new paragraph (i)(6) and is based on comments from
the USCG regarding further harmonization with the IMDG Code. The
amendment would require subsidiary risks of a hazardous material that
are not reflected in the proper shipping name to be included on
shipping papers.
Finally, in paragraph (n), we are proposing to clarify that the
shipping paper requirement for the word ``HOT'' to be placed
immediately preceding the proper shipping names of hazardous materials
that are transported as elevated temperature materials, is not required
for proper shipping names containing the words ``Molten'' or ``Elevated
temperature.''
Sections 172.402, 172.405 and 172.411. Consistent with the eleventh
revised edition of the UN Recommendations, we are removing the
requirement to differentiate between primary and subsidiary labels.
Currently, primary labels are required to display the hazard class or
division number in the lower corner of the label, while subsidiary
labels may not display these numbers. We are proposing to amend the
requirement which provides for two label specifications (one for
primary hazards and one for subsidiary hazards) by removing the
subsidiary hazard label specification. Upon adoption of this proposal,
labels used to convey both primary and subsidiary hazards would display
the appropriate hazard class or division number at the bottom of the
label. This proposed change would provide relief by eliminating the
need for shippers to stock two sets of labels. We also propose to allow
labels meeting the current label specifications to continue to be
displayed until October 1, 2005.
Section 172.504. Based on comments and our own initiative, we are
proposing to allow the display of only one placard displaying one
compatibility letter when certain Class 1 materials (explosives) of
different compatibility groups are transported together in a single
transport vehicle or container. This proposal is consistent with the
mixed packaging allowances in Sec. 173.61.
Section 172.519. Consistent with the proposal to eliminate the
distinction between primary and subsidiary labels, we would revise
paragraph (b)(4) to eliminate the requirement for placards. In
addition, we would incorporate a new paragraph (b)(4)(i) to permit
subsidiary placards meeting the current placarding specifications (such
as placards without the hazard class or division number displayed in
the lower corner of the placard) to continue to be displayed provided
they were permanently affixed before January 1, 2001. Non-permanently
affixed subsidiary placards meeting the current placarding
specifications would be allowed to be displayed until October 1, 2005
or until current stocks are depleted, whichever occurs first.
Part 173
Section 173.2a. Consistent with the eleventh revised edition of the
UN Recommendations, we would revise Note 2 to exclude liquid and solid
desensitized explosives. In addition, we would add the revised Note 2
to Class 3, PG I, II and III.
Section 173.4. Based on a request for clarification, we would
revise paragraph (a) to clarify that the small quantity exceptions
apply to packagings containing articles, as well as inner receptacles.
Section 173.24b. We would add a new paragraph (e) to address
acceptance of foreign manufactured UN portable tanks that conform to
the applicable provisions in the UN Recommendations on the Transport of
Dangerous Goods and are manufactured in countries that provide
reciprocal treatment for UN portable tanks manufactured in the United
States.
Section 173.28. We would correct a reference in paragraph
(d)(1)(ii). The paragraph currently references ``Sec. 173.225(c)(5)''
and would be corrected to read Sec. 173.225(c)(3).''
Section 173.32. We are proposing to revise this section to provide
requirements for all portable tanks by consolidating the requirements
for the use of IM portable tanks currently in Sec. 173.32(c) into a
single section. We are proposing to consolidate the qualification and
maintenance requirements in Sec. 173.32(c) and move them to part 180,
subpart G, with the qualification and maintenance requirements for
IBCs, cargo tanks and tank cars. We are also proposing to include a
grandfather clause in this section (Sec. 173.32) to allow IM 101, 102
and DOT 51 portable tanks to continue to be constructed in accordance
with the HMR until January 1, 2003. IM 101, 102 and DOT 51 portable
tanks which are certified and approved prior to this date would be
authorized for continued use provided they meet the applicable periodic
inspection and test requirements proposed in part 180, subpart G. These
requirements are currently in Sec. 173.32b. On January 1, 2003, all
newly manufactured portable tanks would be required to conform to the
requirements for the design, construction and approval of UN portable
tanks (see Secs. 178.274, 178.275, 178.276 and 178.277). In addition,
we are proposing to remove the provisions for the continued use of DOT
Specification 52 and 53 portable tanks and ICC Specification portable
tanks based on information we received that these portable tanks are no
longer used. We specifically request comments with regard to removing
these provisions.
Section 173.32a. We are proposing to remove Sec. 173.32a and move
its approval requirements for Specification portable tanks to proposed
Sec. 178.273. We believe that part 178 is a more appropriate location
for these requirements and that the new section will prove to be more
convenient for users of the HMR. We also propose to include similar
requirements for the proposed incorporation of requirements for UN
portable tanks.
Section 173.32b. We are proposing to remove Sec. 173.32b and
relocate the test requirements to part 180, subpart G, as discussed in
Sec. 173.32.
Section 173.32c. We are proposing to remove Sec. 173.32c. The
requirements for the use of all Specification portable tanks would be
included in Sec. 173.32, thereby precluding the need for this section.
Section 173.61. Based on our own initiative, for Class 1
(explosives) mixed packaging requirements, we would revise paragraph
(e)(3) to allow explosives of compatibility group S that are allowed to
be packaged with explosives of all other compatibility groups, except A
and L, to be treated as belonging to any of the packaged compatibility
groups except S. In addition, we would add a new paragraph (e)(8) to
allow explosive articles of compatibility groups C, D, E and G, except
for fireworks and articles requiring special packaging, to be treated
as belonging to compatibility group E. This proposed revision
corresponds with the current allowance contained in Sec. 177.848(g).
[[Page 63300]]
Section 173.62. In paragraph (c), we would revise the Explosives
Packing Instructions Table to authorize additional types of outer
packagings in the following packing instructions: 112(a), 112(b),
112(c), 113, 115, 116, 130, 131, 134, 135, 136, 138, 140, 141,142 and
144.
Section 173.150. We would revise paragraph (d) by clarifying that
alcoholic beverages containing over 24% alcohol by volume are not
excepted from regulation when transported by a passenger or crewmember
on passenger-carrying aircraft. (See preamble discussion under
Sec. 175.10.)
Section 173.162. We would revise paragraph (a)(1) by clarifying
that the types of packagings specified in the paragraph are combination
packagings and that the glass, earthenware or rigid plastics are inner
packagings. In addition, for these packagings, we would increase the
net mass of 10 kg (22 pounds) for each packaging to15 kg (33 pounds).
This is consistent with Packing Instruction 800 in the UN
Recommendations.
Section 173.185. We would revise Sec. 173.185 to include a
definition for equivalent lithium content for lithium ion cells and
batteries and to provide the applicable aggregate lithium quantities
relevant to excepting lithium ion cells and batteries from the
requirements of the HMR.
Section 173.224. Consistent with the UN Recommendations, we would
add the entry ``2,2'-Azodi(isobutyronitrile) as a water-based paste''
to the Self-Reactive Substances Table for substances that are not
subject to the approval provisions of Sec. 173.124(a)(2)(iii), provided
all applicable provisions in the table are met. Finally, we would
revise paragraph (b)(4) and remove paragraph (d) to allow Type F self-
reaction substances to be transported in portable tanks under
conditions specified in Sec. 173.225(e) (see preamble discussion under
Sec. 173.225).
Section 173.225. We are proposing to amend the paragraph (b)
Organic Peroxide Table by making various changes, such as revising
several technical names, packing method authorizations and control
temperatures. These proposed changes are consistent with the UN
Recommendations. We are proposing to remove Notes ``7'' and ``10''
consistent with our proposed adoption of UN IBC 520 and add Notes
``26'' and ``27'' to specify the available oxygen content limitations
for certain new organic peroxides formulations. We would revise
paragraph (e) to incorporate the requirements from the eleventh revised
edition of the UN Recommendations relevant to the emergency venting
devices for portable tanks used for the transportation of organic
peroxides and self-reactive substances. This responds to NTSB
recommendation (I-92-2) that asked us to ``revise the requirements for
pressure relief venting on DOT specification 57 portable tanks used to
transport dicumyl peroxides and other products with similar rapid
decomposition characteristics to ensure that the pressure relief
systems prevent overpressure rupture of tanks from a rapid product
decomposition reaction.'' We propose to apply the recommended venting
requirements to all portable tanks and IBCs, rather than just DOT
Specification portable tanks. Additionally, the types of portable tanks
authorized for type F organic peroxide and self-reactive substances
would be expanded to include UN portable tanks. We propose to adopt the
requirements in Portable Tank Instruction T23 and IBC Special Provision
, IBC 520.
Sections 173.240, 173.241, 173.242 and 173.243. In each section's
paragraph (c), we would remove Specification DOT 52 and 53 portable
tanks as authorized packagings (see Sec. 173.32 ) because we believe
that these portable tanks are no longer used. In addition, we would
authorize UN portable tanks. In conjunction with the proposal to revise
the requirements for IBCs for alignment with international standards,
we would revise paragraph (d) which specifies authorized IBCs in
Secs. 173.240, 173.241, 173.242 and 173.243 to reflect the proposed
incorporation of IBC packing instructions and BB codes (see
Sec. 172.101, Column (7)).
Section 173.247. In paragraph (c), we would remove Specification
DOT 52 and 53 portable tanks as authorized packagings (see
Sec. 173.32).
Section 173.306. Consistent with Packing Instruction P201 in the UN
Recommendations, we would amend the paragraph (a)(4)(iii) conditions
for transporting flammable, non-pressurized gas samples by revising the
inner packagings limit from 2.5 L (0.66 gallons) to 5 L (1.3 gallons).
Section 173.315. We would revise paragraphs (a) and (i) to
incorporate provisions for the use of UN portable tanks for the
transportation of liquefied compressed gases, in addition to the
requirements for DOT Specification 51 portable tanks. Revisions would
refer to tank instruction T50 (see UN T Codes under Sec. 172.102) for
the transportation of liquefied compressed gases in UN portable tanks
and would include minor differences in pressure relief device
requirements applicable to UN portable tanks.
Part 175
Section 175.10. For consistency with the ICAO Technical
Instructions, we are proposing to revise paragraph (a)(10) to clarify
that lighters containing ``unabsorbed liquid fuel'' are prohibited on
one's person or in checked or carry-on baggage. We are proposing to
revise exclusions for alcoholic beverages as carry-on and checked
baggage to impose a per passenger quantity limit and to restrict the
exceptions to alcoholic beverages in retail packagings containing not
more than 70% alcohol. We are proposing to revise paragraph (a)(16) to
exclude alcoholic beverages. Also, we are proposing to add new
paragraph (a)(17) to specify that alcoholic beverages containing more
than 24% and not more than 70% alcohol by volume, when carried by
passengers or crew in checked or carry-on baggage, are not subject to
the HMR if in retail packagings not exceeding 5 liters (1.3 gallons)
with a total net quantity per person of 5 liters (1.3 gallons). These
proposed changes are consistent with the ICAO Technical Instructions.
Section 175.33. For harmonization with the ICAO Technical
Instructions, we would revise paragraph (a) introductory text to add a
requirement that the written pilot notification must be accurate and
legible.
Section 175.78. We would revise this section to update and align
segregation requirements with recent changes adopted in the ICAO
Technical Instructions which were based on a UN decision to remove the
distinction between primary and subsidiary risk labels. Separate rows
and columns would be provided for Divisions 5.1 and 5.2. We would add a
new provision to clarify that packages with multiple risks would not
need to be segregated from other packages bearing the same UN number.
Section 175.85. Consistent with a new provision adopted in the ICAO
Technical Instructions, we would revise paragraph (a) to authorize main
deck Class C cargo compartments. Currently, hazardous materials may be
carried in a main deck cargo compartment of a passenger aircraft
provided the compartment is inaccessible to passengers and it meets
certification requirements for a Class B cargo compartment. (Class C
cargo compartments differ from Class B cargo compartments in that Class
C compartments are required to have a built-in fire extinguishing
system, in
[[Page 63301]]
addition to smoke or fire detection systems.)
Part 176
Section 176.2. In conjunction with the proposal to incorporate a
requirement for vessel cargo to be in compliance with the INF Code (see
Sec. 176.720), we would add a definition for ``INF cargo'' under the
Sec. 176.2 definitions.
Section 176.63. For the stowage of Class 1 (explosive) materials on
board a vessel, we would add a stowage location definition for ``closed
cargo transport unit.'' This proposed addition coincides with the
proposed addition of the vessel stowage category definitions contained
in Amendment 30 to the IMDG Code. (See Sec. 172.101(k).)
Section 176.84. Consistent with the IMDG Code we would revise
paragraph (b) Table of provisions and paragraph (c)(2) stowage
provisions. In the paragraph (b) Table of provisions, we would add two
new stowage provisions for assignment to the entries, ``Calcium
hypochlorite, dry or Calcium hypochlorite mixtures dry with more than
39 percent available chlorine (8.8 percent available oxygen),''
``Calcium hypochlorite, hydrated or Calcium hypochlorite hydrated
mixtures with not less than 5.5 percent but not more than 10 percent
water,'' and ``Calcium hypochlorite mixtures, dry with more than 10
percent but not more than 39 percent available chlorine.'' In the
paragraph (c)(2), we would revise the list of notes for the stowage of
Class 1 (explosive) material provisions.
Section 176.128. We would make an editorial change in
Sec. 176.128(c) by correcting an identification number.
Section 176.136. We would make an editorial change in Sec. 176.136
by removing the word ``portable.''
Section 176.142. Based on a comment from the National Cargo Bureau,
Inc., in Sec. 176.142, paragraph (a), we would revise the list of
hazardous materials that may not be transported in a vessel carrying
Class 1 (explosive) materials to reflect the most current proper
shipping names and to add one extremely flammable material, ``Methyl
phosphonous dichloride, pyrophoric liquid,'' NA2845.
Section 176.720. We would add a new section to require a vessel
carrying INF cargo in international transportation to comply with the
``International Code for the Safe Carriage of Packaged Irradiated
Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board
Ships,'' (INF Code, 1998, English edition). The INF Code was adopted by
the International Maritime Safety Committee and will be effective
January 1, 2001 under the IMDG Code.
Part 177
Section 177.848. In paragraph (g)(3)(vi), we inadvertently added
the terms ``special stowage'' and ``stowed'' from the corresponding
vessel section of the HMR (Sec. 174.81) under HM-215C (64 FR 10742). In
this NPRM, we propose to correct the wording by removing ``special
stowage,'' which is not applicable to this section, and replacing
``stowed'' with ``loaded, transported and stored.'' We received a joint
petition from the American Trucking Associations (ATA) and the
Institute of Makers of Explosives (IME) (P-1396) requesting additional
clarification of this paragraph. The paragraph reads:
``(vi) ``6'' means explosive articles in compatibility group G,
other than fireworks and those requiring special stowage, may be stowed
with articles of compatibility groups C, D and E, provided no explosive
substances are carried in the same vehicle.''
In this paragraph and the corresponding paragraph in Sec. 174.81,
the petitioners request that the word ``other'' be inserted before the
wording ``explosive substances.'' However, there is a distinction
between the words ``articles'' and ``substances.'' This paragraph
pertains to certain explosive articles allowed to be stowed if no
explosive substances (not articles) are carried on the same vehicle.
Part 178
Section 178.273. We are proposing to add a new section by moving
the current requirements for the approval of Specification portable
tanks from Sec. 173.32a to the proposed Sec. 178.273. These current
approval provisions will precede the requirements for UN portable tanks
(as proposed in Secs. 178.274 through 178.277).
Sections 178.274, 178.275, 178.276 and 178.277. Based on the
eleventh revised edition of the UN Recommendations, we are proposing to
incorporate four new sections into the HMR for the UN portable tank
requirements. This proposed action is based on our own initiative and
responds to a petition for rulemaking (P-1373). The requirements apply
to the design and construction of portable tanks. The IMO Dangerous
Goods, Solid Cargoes and Containers (DSC) Sub-Committee agreed to
incorporate the new harmonized UN multimodal portable tank requirements
into the reformatted IMDG Code, Amendment 30. The reformatted IMDG Code
is scheduled to become effective on January 1, 2001. The IMDG Code also
includes a provision to allow for the continued use of portable tanks
designed and constructed under the current requirements (those in
Amendments 29 or previous amendments to the IMDG Code as applicable,
depending on the date of construction).
The IMO intends to allow construction under the new requirements on
January 1, 2001, on a voluntary compliance basis, with a mandatory
compliance date of January 1, 2003. On January 1, 2003, all new
portable tanks will be required to be manufactured in accordance with
the new requirements. For purposes of harmonization, we are proposing
to incorporate the corresponding design, construction and use
requirements for UN portable tanks in the HMR. In addition, in
Sec. 173.32 we are proposing to provide for the continued use of IM
101, 102 and DOT Specification 51 portable tanks, which is consistent
with the provisions adopted by the IMO.
The design and construction requirements for UN portable tanks do
not differ significantly from the existing IM 101 and 102 portable
tanks and the DOT Specification 51 requirements. In general, the UN
requirements are less restrictive. For example, 6 mm (0.2 inches)
minimum thickness is required for most portable tanks, as opposed to
the current minimum thickness of 6.35 mm (0.3 inches) for IM 101 and
102 portable tanks. While the majority of the proposed changes involve
relaxations of the regulatory requirements, there would be implications
for portable tank manufacturers, shippers and operators who transport
hazardous materials in portable tanks, and efforts would need to be
undertaken to familiarize those affected with the differences. For
example, we would require UN portable tanks used for the transportation
of liquefied compressed gases to be approved by a DOT-designated
approval agency, and we would require all UN portable tanks to meet a 4
g impact test. In addition to portable tanks for liquids and liquefied
compressed gases, we propose to incorporate requirements for portable
tanks that are used to transport refrigerated liquified gases
(cryogenic liquids). Currently, requirements for portable tanks used
for refrigerated liquefied gases are not specified in the HMR, and we
authorize their use only under DOT exemptions. The differences between
UN portable tanks and the current portable tank requirements include,
but are not limited to the following:
--The proposed definition for portable tank includes multimodal tanks
with a capacity of more than 450 liters (118.9 gallons). Previously,
IMO Type
[[Page 63302]]
5 and DOT Specification 51 tanks intended for the transport of
liquefied compressed gases were limited to a capacity of more than 1000
liters (264.2 gallons).
--The proposed design temperature range is defined as -40 deg.C to 50
deg.C (-40 deg.F to 122.0 deg.F). This NPRM also proposes design
temperatures to be considered for portable tanks subjected to severe
climatic conditions. Current regulations specify -20 deg.C to 50
deg.C (-4.0 deg.F to 122.0 deg.F).
--The proposed UN leakage test for liquids specifies a test pressure
not less than 25% of Maximum Allowable Working Pressure (MAWP). The
current HMR requirements specify an internal pressure equivalent to
MAWP, but not less than 0.2 bar (20.0 kPa) for liquids.
--The proposed test requires that the design and construction of
portable tanks must take into account the effects of fatigue during
normal conditions of transport. Currently, this is not required in the
HMR.
--The proposed requirements specify an absolute minimum thickness of 3
mm (0.1 inches), regardless of the material used and regardless of
whether additional protection is provided.
--A rail impact test of 4 g would be required for all portable tanks
meeting the definition of ``Container'' in the International Convention
for Safe Containers (CSC).
--The proposed requirements specify that the test pressure be 1.3 times
the design pressure. Currently, under the HMR, DOT 51 portable tanks
are required to have a test pressure of 1.5 times the design pressure;
however, this is based on the vapor pressure of the hazardous material
at 115 deg.F (46.1 deg.C), whereas the UN calculates the vapor
pressure at 65 deg.C (149 deg.F). Therefore, the differences between
1.5 at 46 deg.C and 1.3 at 65 deg.C would not be significant.
--The proposed requirements include a figure for thermal conductance
for the thermal insulation systems of shells intended for the transport
of liquefied compressed gases.
--The proposed requirements include a definition for ``Holding time''
relevant to portable tanks used for the transportation of refrigerated
liquefied gases. This is consistent with current HMR requirements in
Sec. 178.338-9 for cargo tanks.
--The proposed requirements specify the effectiveness of the insulation
system (heat influx in watts) based on a test using the portable tank.
--The proposal allows the specified minimum values for austenitic
steels to be increased by 15% according to recognized material
standards when greater values are provided in the material inspection
certificates.
--The proposed requirements allow the combined capacity of all pressure
relief devices to be sufficient to limit the pressure to 120% of the
MAWP for liquefied compressed gases.
--The proposed requirements include a new filling limit for the
transport of helium.
Based on the above discussion (Secs. 178.273 through 178.277), five
new sections are proposed to be added as follows: Sec. 178.273 would be
added by moving the current requirements for the approval of
Specification portable tanks from Sec. 173.32a and introducing similar
requirements for UN portable tanks; Sec. 178.274 would be added for the
UN portable tank general design and construction requirements;
Sec. 178.275 would be added for the additional specifications for UN
portable tanks intended for the transportation of liquid and solid
materials of Classes 3 through 9; Sec. 178.276 would be added for the
additional requirements for UN portable tanks intended for the
transportation of liquefied compressed gases; and Sec. 178.277 would be
added for the additional requirements for the design, construction,
inspection and testing of UN portable tanks intended for the transport
of refrigerated liquefied gases.
Section 178.703. Paragraph (a)(1) would be revised by incorporating
a minimum height of 12 mm (0.5 inches) for IBC markings and by adding a
requirement to allow use of the ``W'' mark for approval of equivalent
IBC packagings, as provided for in Sec. 178.801(i).
Section 178.705. We are proposing to revise the minimum wall
thickness requirements to take into account the capacity of the IBC, as
well as the IBC design type.
Section 178.801. In paragraph (i), we are proposing to add an
approval provision for the use of large packagings, as defined in
Sec. 171.8 of this NPRM, provided the large packagings conform to the
construction standards, performance testing and packaging marking as
specified in UN Recommendations.
Section 178.812. Based on our own initiative, we would revise
paragraph (c)(1) and add a new paragraph (c)(3) to add an alternate
method for conducting the top lift test for flexible IBCs. Currently,
the proposed alternate method is authorized in several approvals issued
by the Associate Administrator.
Part 180
Sections 180.601, 180.603, 180.605. We propose to move the
qualification and maintenance requirements for portable tanks to part
180. We believe that these requirements would be more appropriately
placed in part 180 along with the qualification and maintenance
requirements for cargo tanks, IBCs and tank cars. Therefore, we propose
to add a new subpart, subpart G, to part 180 for the qualification and
maintenance of portable tanks, and to include the incorporation of UN
portable tanks as proposed in this NPRM.
IV. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and, therefore, was
not reviewed by the Office of Management and Budget. The proposed rule
is not considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation [44 FR 11034]. Because
of the minimal economic impact of this proposed rule, preparation of a
regulatory impact analysis or regulatory evaluation is not warranted.
B. Executive Order 13132
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). This proposed rule would preempt State, local and
Indian tribe requirements but does not propose any regulation that has
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-
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:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
[[Page 63303]]
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous; or
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This proposed rule addresses covered subject items (1), (2), (3),
and (5) above and would preempt State, local, and Indian tribe
requirements not meeting the ``substantively the same'' standard. This
proposed rule is necessary to incorporate changes already adopted in
international standards. If the changes proposed in this NPRM are not
adopted in the HMR, U.S. companies, including numerous small entities
competing in foreign markets, will be at an economic disadvantage.
These companies would be forced to comply with a dual system of
regulation. The proposed changes are intended to avoid this result.
Federal hazardous materials transportation law provides at
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.
Thus, RSPA lacks discretion in this area. RSPA proposes that the
effective date of Federal preemption will be 180 days from publication
of a final rule in this matter in the Federal Register.
C. Executive Order 13084
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13084
(``Consultation and Coordination with Indian Tribal Governments'').
Because this proposed rule does not significantly or uniquely affect
the communities of the Indian tribal governments and does not impose
substantial direct compliance costs, the funding and consultation
requirements of Executive Order 13084 do not apply.
D. Regulatory Flexibility Act
This proposed rule would incorporate changes introduced in the
eleventh revised edition of the UN Recommendations, the 2001-2002 ICAO
Technical Instructions, and Amendment 30 to the IMDG Code. It would
apply to offerors and carriers of hazardous materials and would
facilitate the transportation of hazardous materials in international
commerce by providing consistency with international requirements.
The costs associated with this proposed rule are considered to be
so minimal as to not warrant preparation of a regulatory impact
analysis or regulatory evaluation. The majority of amendments should
result in cost savings and would ease the regulatory compliance burden
for shippers engaged in international commerce, including trans-border
shipments within North America. For example, cost savings will be
realized by shippers and carriers as a result of eliminating the
differences between primary and subsidiary labels. As a result of this
change, it will no longer be necessary to stock two sets of labels for
each hazard class. To ease any burden associated with this change, we
are proposing a reasonable transition period where labels meeting
current and proposed requirements may be used. Other cost savings
include: revising minimum thickness requirements for metal IBCs;
providing greater harmonization with international regulations and
flexibility for IBCs and portable tanks that may be used for the
transportation of hazardous materials; authorizing the use of UN
portable tanks while retaining current IM 101, 102 and DOT
Specification 51 portable tank requirements and authorizations for
their use; numerous deletions from the hazardous materials table and
the marine pollutant list; more flexible requirements for transporting
samples of hazardous materials; authorization to use a single
explosives placard when explosives of several compatibility groups are
transported in a single freight container or vehicle; several
clarifications of existing regulatory requirements; and revised
requirements for large lithium batteries which will simplify the
regulatory requirements applicable to batteries used in high energy
efficient hybrid vehicles. We are proposing immediate voluntary
compliance (as of January 1, 2001 or the date of publication of the
final rule, whichever occurs first), a delayed effective date and a
one-year transition period to allow for training of employees and to
ease any burden on entities affected by the proposed amendments. Many
companies involved in domestic, as well as global operations, will
realize economic benefits as a result of the proposed amendments in
this rulemaking. Therefore, I certify that this proposed rule will not,
if promulgated, have a significant economic impact on a substantial
number of small entities. This certification is subject to modification
as a result of a review of comments received in response to this
proposal.
E. Paperwork Reduction Act
We have current information collection approvals under OMB No.
2137-0557, Approvals for Hazardous Materials, which expires March 31,
2002, with 18,302 burden hours and $413,737.40 annual costs, and OMB
No. 2137-0018, Inspection and Testing of Portable Tanks and
Intermediate Bulk Containers, which expires March 31, 2002, with 51,340
burden hours and $10,235,000 annual costs. We believe that this
proposed rule may result in minor incremental increases in the annual
burden hours and costs. If these proposals are finalized, the current
approvals would be revised and resubmitted to OMB for extension and re-
approval.
Section 1320.8(d), Title 5, Code of Federal Regulations requires
that RSPA provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. This notice identifies information collections
that we may submit to OMB for extension and re-approval based on the
requirements in this proposed rule. We have revised burden estimates,
where appropriate, to reflect current reporting levels or adjustments
based on changes in this proposed rule since the information
collections were last approved. We estimate that the total information
collection and recordkeeping burdens as proposed in this rule would be
revised as follows:
OMB No. 2137-0557:
Number of Respondents: 3,518.
Total Annual Responses: 3,869.
Total Annual Burden Hours: 18,381.
Total Annual Burden Cost: $413,737.40.
One-time Annual Start Up Burden Hours: 168.
One-time Annual Start Up Cost: $11,758.50.
Total Responses for First Year: 4,005.
Total Annual Burden Hours for First Year: 18,549.
Total Annual Burden Cost for First Year: $425,495.90.
We specifically request comments on the information collection and
recordkeeping burdens associated with developing, implementing, and
maintaining these requirements for approval under this proposed rule.
Requests for a copy of the information collection approvals,
requests and data should be directed to Deborah Boothe, Office of
Hazardous Materials Standards (DHM-10), Research and Special Programs
Administration, Room 8102, 400 Seventh Street, SW, Washington,
[[Page 63304]]
DC 20590-0001, Telephone (202) 366-8553.
Written comments should be addressed to the Dockets Management
System as identified in the ADDRESSES section of this rulemaking.
Comments should be received prior to the close of comment period
identified in the DATES section of this rulemaking. Under the Paperwork
Reduction Act of 1995, no person is required to respond to an
information collection unless it displays a valid OMB control number.
If these proposed requirements are adopted in a final rule, we will
submit the revised information collection and recordkeeping
requirements to the Office of Management and Budget for approval.
F. 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.
G. Unfunded Mandates Reform Act
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is proposed to
be amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
2. In Sec. 171.7, in the paragraph (a)(3) table:
a. Under the entry ``American Society for Testing and Materials'',
a new entry would be added in alpha-numeric order;
b. Under the entry ``International Atomic Energy Agency (IAEA)'', a
new entry would be added in alhabetical order;
c. Under the entry ``International Civil Aviation Organization
(ICAO)'', the existing entry would be revised;
d. Under the entry ``International Maritime Organization (IMO)'',
the existing entry would be revised and a new entry would be added in
appropriate alphabetical order;
e. Under the entry ``International Organization for
Standardization'', three new entries would added in appropriate
alphabetical/numerical order; and
f. Under the entry ``United Nations'', the existing entries would
be revised.
The revisions and additions read as follows:
Sec. 171.7 Reference material.
(a) Matter incorporated by reference. * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * *
* * *
American Society for Testing and Materials
* * * *
* * *
ASTM E 112-96 Standard Test Methods for 178.274
Determining Average Grain Size, 1996
Edition.
* * * *
* * *
International Atomic Energy Agency (IAEA)
* * * *
* * *
IAEA, Regulations for the Safe Transport 171.12(d)
of Radioactive Material, No. ST-1, 1996
Edition.
* * * *
* * *
International Civil Aviation Organization
(ICAO)
* * * *
* * *
Technical Instructions for the Safe 171.11; 172.191; 172.202;
Transport of Dangerous Goods by Air, DOC 172.401; 172.512; 172.519;
9284-AN/905, 2001-2002 Edition. 172.602
[[Page 63305]]
International Maritime Organization (IMO)
* * * *
* * *
International Code for the Safe Carriage 176.720
of Packaged Irradiated Nuclear Fuel,
Plutonium and High-Level Radioactive
Wastes On Board Ships (INF Code).
International Maritime Dangerous Goods 171.12; 172.401; 172.407;
(IMDG) Code, as amended by Amendment 30 173.21; 176.2; 176.5;
(2000 edition). 176.11; 176.27; 176.30.
International Organization for
Standardization
* * * *
* * *
ISO 1496-3 Series 1 freight containers-- 178.274
Specification and testing, 1996 edition.
* * * *
* * *
ISO 4126-1 Safety valves Part 1: Safety 178.274
valves,1991 edition.
* * * *
* * *
ISO 6892 Metallic materials--Tensile 178.274
testing, 1984 edition.
* * * *
* * *
United Nations
* * * *
* * *
UN Recommendations on the Transport of 172.102; 172.401; 172.407;
Dangerous Goods, Eleventh Revised Edition 172.502; 173.1; 173.3;
(1999). 173.21; 173.22; 173.24;
173.56; 173.57; 173.124;
173.166; 178.500; 178.700.
UN Recommendations on the Transport of 172.102; 173.21; 173.57;
Dangerous Goods, Manual of Tests and 173.58; 173.124; 173.128;
Criteria, Third Revised Edition (1999). 173.166; 173.185.
------------------------------------------------------------------------
* * * * *
3. In Sec. 171.8, the following definitions would be added in
appropriate alphabetical order to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Large packaging means a packaging that--
(1) Consists of an outer packaging which contains articles or inner
packagings; and
(2) Is designed for mechanical handling; and
(3) Exceeds 400 kg net mass or 450 liters (118.9 gallons) capacity
and has a volume of not more than 3 m\3\. (See Sec. 178.801(i) of this
subchapter); and.
(4) Conforms to the requirements for the construction, testing and
marking of large packagings as specified in the UN Recommendations.
* * * * *
Liner means a separate tube or bag inserted into a packaging,
(including IBCs and large packagings) but not forming an integral part
of the packaging, including the closures of the packaging's openings.
* * * * *
Stabilized means that the hazardous material is in a condition that
precludes uncontrolled reaction. This may be achieved by methods such
as adding an inhibiting chemical, degassing the hazardous material to
remove dissolved oxygen and inerting the air space in the package, or
maintaining the hazardous material under temperature control.
* * * * *
UN portable tank means a multimodal tank having a capacity of more
than 450 liters (118.9 gallons). It includes a shell fitted with
service equipment and structural equipment, including stabilizing
members external to the shell and skids, mountings or accessories to
facilitate mechanical handling. The UN portable tank must be capable of
being filled and discharged without the removal of its structural
equipment and must be capable of being lifted when full. Cargo tanks,
rail tank car tanks, non-metallic tanks and IBCs and packagings made to
cylinder specifications are not UN portable tanks.
* * * * *
4. In Sec. 171.10, in the paragraph (c)(2) Table of Conversion
Factors for SI Units, a unit of measure would be added as the last
entry to read as follows:
Sec. 171.10 Units of measure.
* * * * *
(c) * * *
(2) * * *
Table of Conversion Factors for SI Units
----------------------------------------------------------------------------------------------------------------
Measurement SI to U.S. standard U.S. standard to SI
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Force.................................. 1 Newton = 9.807 pound- 1 Pound-force = 0.1020N.
force.
----------------------------------------------------------------------------------------------------------------
* * * * *
5. In Sec. 171.11, a new paragraph (d)(17) would be added to read
as follows:
Sec. 171.11 Use of ICAO Technical Instructions.
* * * * *
(d) * * *
(17) An organic peroxide that is not identified by technical name
in the Organic Peroxide Table in Sec. 173.225(b) of this subchapter
must be approved by the Associate Administrator in accordance with the
requirements of Sec. 173.128(d) of this subchapter.
6. In Sec. 171.12, in paragraph (b)(3), a sentence would be added
at the end of the paragraph, a new paragraph (b)(19) would be added,
and paragraphs (d)
[[Page 63306]]
heading and introductory text and (d)(4) would be revised to read as
follows:
Sec. 171.12 Import and export shipments.
* * * * *
(b) * * *
(3) * * * A viscous flammable liquid which is excepted from the
requirements of the IMDG Code based on having a flash point of 23
deg.C (73.4 deg.F) or greater and less than or equal to 60.5 deg.C
(140.9 deg.F), not meeting the toxic or corrosive definitions, not
containing more than 20% nitrocellulose, and being packed in
receptacles of less than 450 liters (118.9 gallons) capacity, may not
be transported under the provisions of this section and is subject to
the requirements of this subchapter.
* * * * *
(19) An organic peroxide that is not identified by technical name
in the Organic Peroxide Table in Sec. 173.225(b) of this subchapter
must be approved by the Associate Administrator in accordance with the
requirements of Sec. 173.128(d) of this subchapter.
* * * * *
(d) Use of International Atomic Energy Agency (IAEA) regulations
for Class 7 (radioactive) materials. Class 7 (radioactive) materials
being imported into or exported from the United States, or passing
through the United States in the course of being shipped between places
outside the United States, may be offered and accepted for
transportation when packaged, marked, labeled, and otherwise prepared
for shipment in accordance with IAEA ``Regulations for the Safe
Transport of Radioactive Material,'' Safety Series No. 6, 1985 edition,
or ST-1, 1996 edition (incorporated by reference, see Sec. 171.7), if:
* * * * *
(4) The country of origin for the shipment has adopted the
corresponding edition (Safety Series No. 6, 1985 Edition, or ST-1, 1996
Edition) of the IAEA ``Regulations for the Safe Transport of
Radioactive Material'';
* * * * *
7. In Sec. 171.12a, a new paragraph (b)(18) would be added to read
as follows:
Sec. 171.12a Canadian shipments and packagings.
* * * * *
(b) * * *
(18) An organic peroxide that is not identified by technical name
in the Organic Peroxide Table in Sec. 173.225(b) of this subchapter
must be approved by the Associate Administrator in accordance with the
requirements of Sec. 173.128(d) of this subchapter.
8. In Sec. 171.14, paragraphs (d) introductory text, (d)(1) and
(d)(2) introductory text would be revised and a new paragraph (d)(4)
would be added to read as follows:
Sec. 171.14 Transitional provisions for implementing certain
requirements.
* * * * *
(d) A final rule published in the Federal Register on [publication
date of final rule], effective October 1, 2001, 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,
2001, or the requirements published in the [publication date of final
rule] final rule.
(1) Transition dates. The effective date of the [publication date
of final rule] final rule is October 1, 2001. A delayed compliance date
of October 1, 2002 is authorized. On October 1, 2002, all applicable
regulatory requirements adopted in the [publication date of final rule]
final rule must be met.
(2) Intermixing old and new requirements. Prior to the transition
date in paragraph (d)(1) of this section, it is recommended that the
hazard communication requirements be consistent where practicable.
Marking, labeling, placarding, and shipping paper descriptions should
conform to either the old requirements of this subchapter in effect on
September 30, 2001, or the new requirements of this subchapter in the
[publication date of final rule] final rule without intermixing
communication elements. However, intermixing is permitted, during the
applicable transition period, for packaging, hazard communication, and
handling provisions, as follows:
* * * * *
(4) Until January 1, 2010, a hazardous material may be transported
in an IM or IMO portable tank in accordance with the T Codes (special
provisions) assigned to a hazardous material in Column (7) of the HMT
in effect on September 30, 2000.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
9. The authority citation for part 172 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
10. In Sec. 172.101, paragraph (c)(11) would be revised and new
paragraphs (c)(16) and (k)(6) through (k)(20) would be added to read as
follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(c) * * *
(11) Except for a material subject to Sec. 173.21, Sec. 173.54,
Sec. 173.56(d), Sec. 173.56(e)(1), Sec. 173.124(a)(2)(iii) or
Sec. 173.128(c) of this subchapter, a hazardous waste or a sample of a
material for which the hazard class is uncertain and must be determined
by testing, may be assigned a tentative proper shipping name, hazard
class/division, identification number, and packing group, if
applicable, based on the shipper's tentative determination according
to: Defining criteria in this subchapter; the hazard precedence
prescribed in Sec. 173.2a of this subchapter; and the shippers
knowledge of the material. In addition, a sample of material that is to
be tested is subject to the following requirements:
(i) A sample may not be an explosive, infectious substance, or
radioactive material;
(ii) Except when the word ``Sample'' already appears in the proper
shipping name, the word ``Sample'' must appear before the proper
shipping name for the sample;
(iii) If the proper shipping description for a sample is assigned a
``G'' in Column (1) of the HMT, the provisions requiring a technical
name for the constituent(s) do not apply;
(iv) A sample must be transported in a combination packaging which
conforms to the requirements of this subchapter that are applicable to
the tentative Packing Group assigned, and may not exceed a net mass of
2.5 kg. (5.5 pounds) per package;
(v) A sample may not be packed together with any other hazardous
material;
(vi) For a sample that is a self-reactive material, the
requirements in Sec. 173.224(c)(3) apply; and
(vii) For a sample that is an organic peroxide, the requirements in
Sec. 173.225(c)(2) must be met.
* * * * *
(16) Unless it is already included in the proper shipping name in
the Table, the qualifying words ``liquid'' or ``solid'' may be added in
association with the proper shipping name when a hazardous material
specifically listed by name in the Table may, due to the differing
physical states of the various isomers of the material, be either a
liquid or a solid (for example ``Dinitrotoluenes, liquid'' and
``Dinitrotoluenes, solid''). Use of the words ``liquid'' or ``solid''
is subject to
[[Page 63307]]
the limitations specified for the use of the words ``mixture'' or
``solution'' in paragraph Sec. 172.101(c)(10) of this section. The
qualifying word ``molten'' may be added in association with the proper
shipping name when a hazardous material, which is a solid in accordance
with the definition in Sec. 171.8 of this subchapter, is offered for
transportation in the molten state (for example, ``Alkylphenols, solid,
n.o.s., molten'').
* * * * *
(k) * * *
(6) Stowage category ``01'' means the material may be stowed ``on
deck'' or ``under deck'' on a cargo vessel (up to 12 passengers) and on
a passenger vessel.
(7) Stowage category ``02'' means the material may be stowed ``on
deck'' or ``under deck'' on a cargo vessel (up to 12 passengers) and
``on deck'' in closed cargo transport units or ``under deck'' in closed
cargo transport units on a passenger vessel.
(8) Stowage category ``03'' means the material may be stowed ``on
deck'' or ``under deck'' on a cargo vessel (up to 12 passengers) and
``on deck'' in closed cargo transport units on a passenger vessel.
(9) Stowage category ``04'' means the material may be stowed ``on
deck'' or ``under deck'' on a cargo vessel (up to 12 passengers) but
the material is prohibited on a passenger vessel.
(10) Stowage category ``05'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' on a cargo
vessel (up to 12 passengers) and on a passenger vessel.
(11) Stowage category ``06'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' on a cargo
vessel (up to 12 passengers) and ``on deck'' in closed cargo transport
units or ``under deck'' in closed cargo transport units on a passenger
vessel.
(12) Stowage category ``07'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' on a cargo
vessel (up to 12 passengers) and ``on deck'' only in closed cargo
transport units on a passenger vessel.
(13) Stowage category ``08'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' on a cargo
vessel (up to 12 passengers) but the material is prohibited on a
passenger vessel.
(14) Stowage category ``09'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' in closed
cargo transport units on a cargo vessel (up to 12 passengers) and on a
passenger vessel.
(15) Stowage category ``10'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' in closed
cargo transport units on a cargo vessel (up to 12 passengers) and ``on
deck'' only in closed cargo transport units on a passenger vessel.
(16) Stowage category ``11'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' in magazine
stowage type ``c'' on a cargo vessel (up to 12 passengers) and ``on
deck'' only in closed cargo transport units on a passenger vessel.
(17) Stowage category ``12'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' in magazine
stowage type ``c'' on a cargo vessel (up to 12 passengers) but the
material is prohibited on a passenger vessel.
(18) Stowage category ``13'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' in magazine
stowage type ``A'' on a cargo vessel (up to 12 passengers) and ``on
deck'' only in closed cargo transport units on a passenger vessel.
(19) Stowage category ``14'' means the material may be stowed ``on
deck'' in closed cargo transport units on a cargo vessel (up to 12
passengers) but the material is prohibited on a passenger vessel.
(20) Stowage category ``15'' means the material may be stowed ``on
deck'' in closed cargo transport units or ``under deck'' in closed
cargo transport units on a cargo vessel (up to 12 passengers) but the
material is prohibited on a passenger vessel.
* * * * *
11. In Sec. 172.101, the Hazardous Materials Table would be amended
by removing, adding, or revising, in appropriate alphabetical sequence,
the following entries to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 63308]]
Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
materials Hazard ---------------------------------------------------------------------------------------------------------
Symbols descriptions class or Identification PG Label codes Special
and proper division Nos. provisions Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
shipping names aircraft/rail only
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2)............ (3) (4).............. (5)........... (6)........... (7)........... (8A) (8B).......... (8C).......... (9A).......... (9B).......... (10A)........ (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
[REMOVE:]......
Accumulators, ......... NA1956...........
pressurized,
pneumatic.
or hydraulic...
(containing non-
flammable
gas.).
Aldrin, liquid ......... NA2762...........
(PG II).
Aldrin, solid ......... NA2761...........
(PG II).
Antimony ......... NA1549...........
tribromide,
solids (PG II).
Antimony ......... NA1549...........
tribromide,
solution (PG
II).
Antimony ......... NA1549...........
trifluoride,
solution (PG
II).
Antimony ......... NA1549...........
trifluoride,
solution (PG).
Arsenic sulfide ......... NA1557...........
(PG II).
Arsenic ......... NA1557...........
trisulfide (PG
II).
Barium ......... NA0473...........
styphnate (PG
II).
Calcium ......... NA1574...........
arsenite,
solid (PG II).
[[Page 63309]]
Chromic acid, ......... NA1463...........
solid (PG II).
Denatured ......... NA1986...........
alcohol (PG I,
II, III).
Denatured ......... NA1987...........
alcohol (PG I,
II, III).
Dichlorobutene ......... NA2920...........
(PG I).
D.............................. Dieldrin (PG ......... NA2761...........
II).
D.............................. Diesel fuel.... ......... NA1993...........
Dodecylbenzene- ......... NA2584...........
sulfonic acid
(PG II).
Gasohol ......... NA1203...........
gasoline mixed
with ethyl
alcohol, with
not more than
20 percent
alcohol. (PG
II).
Grenades, empty ......... NA0349...........
primed (PG II).
Insecticide ......... NA1954...........
gases
flammable
n.o.s.
Isobutyric ......... UN2530...........
anhydride (PG
III).
Lead mono- ......... NA0473...........
nitroresorcina
te (PG II).
Lighters for ......... NA1226...........
cigars,
cigarettes,
etc., with
lighter
fluids. (PG
II).
Maleic acid (PG ......... NA2215...........
III).
[[Page 63310]]
Medicines, ......... NA1760...........
corrosive,
liquid, n.o.s.
(PG II, III).
Medicines, ......... NA1759...........
corrosive,
solid, n.o.s.
(PG II, III).
Medicines, ......... NA1993...........
flammable,
liquid, n.o.s.
(PG I, II,
III).
Medicines, ......... NA1325...........
flammable,
solids, n.o.s.
(PG II).
Medicines, ......... NA1479...........
oxidizing
substance,
solid, n.o.s.
(PG II).
Metal alkyl, ......... NA9195...........
solution,
n.o.s. (PG II).
Methacrylic ......... UN2531...........
acid,
inhibited (PG
III).
Methyl ......... NA3018...........
parathion
liquid (PG II).
Methyl ......... NA2783...........
parathion
solid (PG II).
[[Page 63311]]
Organic ......... UN3120...........
perioxide type
F, solid
temperature
controlled.
(PG III only).
Parathion (PG ......... NA2783...........
I, II).
Picric acide, ......... NA1344...........
wet, with not
less than 10
percent water.
(PG I).
Propargyl ......... NA1986...........
alcohol (PG
II).
Refrigerating ......... NA1993...........
machine (PG
III).
Refrigerating ......... NA1954...........
machines,
containing
flammable, non-
poisonous,
liquefied gas.
Selenium oxide ......... NA2811...........
(PG I).
Sodium ......... NA2922...........
hydrosulfide,
solution (PG
II).
Sodium selenite ......... NA2630...........
(PG II).
Sulfur ......... NA1829...........
trioxide,
uninhibited
(PG I).
Tetraethyl ......... NA1649...........
lead, liquid
(PG I).
Tetraethyl ......... NA3018...........
pyrophosphate,
liquid (PG I).
[[Page 63312]]
Tetraethyl ......... NA1707...........
pyrophosphate
solid (PG II).
Titanium ......... NA1760...........
sulfate
solution (PG
II).
mon-(Trichloro) ......... NA2468...........
tetra-
(monopotassium
dichloro)-
panta-s-
triazinetrione
, dry (wi |
