[Federal Register: June 21, 2001 (Volume 66, Number 120)]
[Rules and Regulations]
[Page 33315-33364]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn01-20]
[[Page 33315]]
-----------------------------------------------------------------------
Part II
Department of Transportation
-----------------------------------------------------------------------
Research and Special Programs Administration
-----------------------------------------------------------------------
49 CFR Part 171, et al.
Harmonization with the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organization's Technical Instructions; Final Rule
[[Page 33316]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 175, 176, 177, 178, 179 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends 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, this final rule revises 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 revisions are necessary to facilitate the
transport of hazardous materials in international commerce.
DATES: Effective Date: The effective date of these amendments is
October 1, 2001.
Voluntary Compliance Date: With the exceptions of the ICAO
Technical Instructions, 2001-2002 Edition and the International Atomic
Energy Agency's (IAEA) Regulations for the Safe Transport of
Radioactive Material, No. TS-R-1, which are authorized for use on July
1, 2001, RSPA is authorizing immediate voluntary compliance. However,
persons voluntarily complying with these regulations should be aware
that petitions for reconsideration may be received and as a result of
RSPA's evaluation of those petitions, the amendments adopted in this
final rule could be subject to further revision.
Delayed Compliance Date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning on
October 1, 2002.
Incorporation by Reference Date: The incorporation by reference of
publications listed in these amendments in Sec. 171.7 has been approved
by the Director of the Federal Register as of October 1, 2001.
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 October 23, 2000, the Research and Special Programs
Administration (RSPA) (hereafter, ``we'' and ``our'' means ``RSPA'')
published a notice of proposed rulemaking (NPRM) (65 FR 63294) under
Docket HM-215D. The NPRM proposed changing the Hazardous Materials
Regulations (HMR), 49 CFR parts 171-180, based on the UN
Recommendations, the IMDG Code and the ICAO Technical Instructions 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.
On February 1, 2001, we published a final rule under Docket HM-215D
(66 FR 8644) authorizing the use of the updated editions of the IMDG
Code, the UN Recommendations and the UN Recommendations Manual of Tests
and Criteria as proposed in the October 23, 2000 NPRM. This final rule
addresses all other proposals published in the NPRM.
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. In Sec. 171.11, subject to certain conditions and
limitations, the HMR authorizes the offering, acceptance and transport
of hazardous materials by aircraft, in conformance with the ICAO
Technical Instructions, and by motor vehicle either before or after
being transported by aircraft.
On December 21, 1990, we 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, for harmonization with international standards. 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. According to the American Chemistry Council, exports of
chemicals totaled almost $80 billion in the year 2000, while imports
totaled nearly $74 billion. Harmonization serves to facilitate
international transportation and at the same time ensures the safety of
people, property and the environment.
While the intent of the harmonization rulemakings is to align the
HMR with international standards, we review and consider each amendment
on its own merit. Each amendment is considered on the basis of the
overall impact on transportation safety and the economic implications
associated with its adoption into the HMR. Our goal is to harmonize
without sacrificing the current HMR level of safety and without
imposing undue burdens on the regulated public.
In our efforts to continue the alignment of the HMR with
international requirements, this final rule makes changes to the HMR
based on the eleventh revised edition of the UN Recommendations,
Amendment 30 to the IMDG Code, which became effective January 1, 2001;
and, the 2001-2002 ICAO Technical Instructions
[[Page 33317]]
which becomes effective July 1, 2001. Petitions for rulemaking
pertinent to harmonization with international standards and the
facilitation of international transportation are also addressed in this
final rule and serve as the basis of certain amendments. Other
amendments are based on feedback from the regulated industry, other DOT
modal administrations and our initiative. Included are a few editorial
clarifications. Certain commenters raised nonregulatory issues, issues
that are beyond the scope of this rulemaking or suggested revisions
that are now impractical (such as correcting the spelling of an entry
that we removed). Such comments will not be addressed. Unless otherwise
stated, the revisions are for harmonization with international
standards.
II. Overview of Changes in This Final Rule
(See specific section for discussion of comments.)
Amendments to the HMR in this final rule include:
--Incorporation by reference of the updated ICAO Technical Instructions
and addition of incorporation by reference of five current standards
which include an International Atomic Energy Agency (IAEA) 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 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 shipping name amendments include replacing the word
``inhibited'' with ``stabilized.'' Entry removals include certain
domestic entries for which corresponding UN entries are currently
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, IM 102, DOT 51, DOT 57 and DOT 60 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.
--Revision of minimum thickness requirements for metal IBCs.
--Revision of several explosive packing methods to allow a broader
selection of authorized packagings.
--Revision of provisions for cigarette lighters and alcoholic beverages
carried aboard aircraft.
--Revision of the segregation table for hazardous materials stowed on
aircraft.
--Allowance of the display of only 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 are updating the incorporation by reference for
the ICAO Technical Instructions, and adding an ASTM standard, the
current edition of the IAEA safety standard and three ISO standards as
specified below. Amendment 30 to the IMDG Code, the eleventh revised
edition of the UN Recommendations and the third revised edition of the
UN Recommendations Manual of Tests and Criteria were incorporated into
the HMR in a final rule under Docket HM-215D published February 1, 2001
(66 FR 8644) with a voluntary compliance date authorized as of January
1, 2001. One commenter opposed incorporation by reference of ASTM's E-
112-96 Standard for Test Methods for Determining Average Grain Size,''
and ISO's 1496-3 ``Series 1 freight containers--Specification and
testing,'' 1996 edition; 4126-1 ``Safety valves-Part 1: General
Requirements,'' 1991 edition, and 6892 ``Metallic materials--Tensile
testing,'' 1984 edition. According to the commenter, the industry
supports the use of voluntary consensus standards in commercial
applications, however, because of the ``frequency of change'' and
because industry does not adopt the standards verbatim, the commenter
suggests that these standards be used as guidance. We disagree. The
``National Technology Transfer and Advancement Act of 1995'' directs
agencies to use voluntary consensus standards. According to the Office
of Management and Budget (OMB), Circular A-119, ``Federal Participation
in the Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities,'' government agencies must use
voluntary consensus standards wherever practical in the development of
regulations. Agency adoption of industry standards promotes
productivity and efficiency in government and industry, expands
opportunities for international trade, conserves resources, improves
health and safety and protects the environment. Furthermore,
requirements in the industry consensus standards are not required to be
applied on a mandatory basis unless specifically referenced as such.
When incorporating standards in the HMR, we typically specify the
specific requirements in the standard that must be met. Requirements
that are not mandated in adopted standards are rarely imposed on a
mandatory basis in RSPA rulemaking initiatives. On this basis, we are
incorporating the standards as proposed.
For international shipments of radioactive material, we are
adopting the International Atomic Energy Agency (IAEA) safety
standards, ``Regulations for the Safe Transport of Radioactive
Material, No. TS-R-1'' with restrictions for its use for the domestic
portion of the transport. Additionally, we are retaining Safety Series
No. 6 with the same restrictions. As explained previously, TS-R-1 is
the updated edition of the current Safety Series No. 6. Under this
final rule, domestic shipments remain subject to the HMR requirements
which are based on Safety Series No. 6. For domestic use, a proposal to
adopt some or all of the TS-
[[Page 33318]]
R-1 standards will be addressed under a separate rulemaking, Docket HM-
230, which will provide discussion and opportunity for comment.
As discussed in the final rule under Docket HM-215D published on
February 1, 2001, we received comments supporting and opposing the
incorporation by reference of TS-R-1 into the HMR. We received several
comments from industry supporting the incorporation of TS-R-1 including
requests for expedited publication of this final rule. Shippers will be
required to comply with the TS-R-1 standards for export shipments and
failure to comply would result in foreign authorities refusing to
accept hazardous materials shipments prepared in accordance with the
HMR. Several commenters stressed the importance of a timely compliance
date to allow for a reasonable period to implement the TS-R-1 standards
and the ICAO Technical Instructions, which both become effective on
July 1, 2001. One commenter pointed out that not only does the time
element greatly inhibit the preparation of packagings when nearing the
July 1, 2001 effective date, but it will also have an impact on
packagings already in transit. One commenter stated that failure to
adopt TS-R-1 for international shipments will result in serious health
treatment implications because radioisotope pharmaceutical products
that are necessary for such treatment would be frustrated in
transportation.
As discussed in the February 1, 2001 final rule, we received many
comments from private citizens and local citizen groups opposing the
incorporation of TS-R-1. Some of these commenters also opposed the
adoption of the updated editions of the IMDG Code and the ICAO
Technical Instructions because both incorporate TS-R-1. (The IMDG Code
was adopted in the February 1, 2001 final rule.) Most of the commenters
stated that TS-R-1 lowers the level of safety for the transportation of
radioactive materials and thereby poses hazards to the public, however
many of these commenters did not provide any technical basis for their
opposition. The comments included claims that the TS-R-1 standards for
Type B packagings are ``weakened.'' As discussed in the February 1,
2001 final rule, the commenters are incorrect. The TS-R-1 standards
strengthen Type B packagings by adding immersion and crush testing to
the previously required performance tests. Furthermore, the standards
also add limits on the contents of Type B packaging when being
transported by aircraft. Some commenters claimed that uranium
hexafluoride packaging requirements are ``weakened'' in TS-R-1. These
commenters are also incorrect. The criticality requirements for
packages containing uranium hexafluoride did not change.
Many of the commenters stated that TS-R-1's revised definition of
radioactive material lowers the level of safety by changing the 70Bq/g
activity concentration threshold. The revised radioactive material
definition will be addressed under Docket HM-230 and is not adopted in
this final rule. We are adding a paragraph to Secs. 171.11 and 171.12
to clarify that only the current definition of radioactive material
applies. In addition, we are maintaining the current provisions in
Secs. 171.11 and 171.12, including the values for Type A packaging
contents. Shippers using TS-R-1 under the ICAO Technical Instructions
or the IMDG Code must conform to the provisions and restrictions as set
forth in Secs. 171.11 and 171.12, respectively.
Based on the above, the incorporation by reference materials
adopted in this final rule are as follows:
--The ICAO Technical Instructions--2001-2002 edition.
--ASTM's ``E 112-96 Standard for Test Methods for Determining Average
Grain Size'' is 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. TS-R-1,'' 1996 edition is added while retaining the
previous edition entitled, ``Regulations for the Safe Transport of
Radioactive Material, Safety Series No. 6.'' The TS-R-1 requirements
were incorporated into the IMDG Code which became effective on a
voluntary basis on January 1, 2001 and the ICAO Technical Instructions
which will be effective July 1, 2001.
--Finally, we are adding three ISO standards to coincide with the
incorporation of the UN portable tank requirements. The standards are
as follows: ``ISO 1496-3 Series 1 freight containers--Specification and
testing,'' 199 edition; ``ISO 4126-1 Safety valves-Part 1: General
Requirements,'' 1991 edition; and, ``ISO 6892 Metallic materials--
Tensile testing,'' 1984 edition.
In the NPRM, we proposed to add 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). Because
the IMO Maritime Safety Committee adopted the INF Code for
incorporation into the 2000 edition of the IMDG Code, which we
authorized under Docket HM-215D (66 FR 8644) on February 1, 2001, we
are not adding the INF Code separately under Sec. 171.7. Also see
Secs. 176.2 and 176.720.
Section 171.8. We are adding four new definitions to Sec. 171.8.
``Large packaging'' is added to correspond with the addition of an
approval provision that allows the use of large packagings which comply
with requirements in the UN Recommendations (see Sec. 178.801(i)).
Large packagings are UN-marked bulk packagings which are very similar
to IBCs, with the exception that they contain inner packagings. In the
NPRM, we proposed to add a definition for ``Liner.'' After
reconsideration, we believe that this definition is overly restrictive
because it would preclude the use of liners such as those used in
portable tanks, (for example, lead or rubber liner materials), bulk
bins, IBCs and other types of packagings and the proposed definition
would limit liners to bags and tubes. Plastic sheeting, rotationally
molded rubber lining and other types of liners that are not bags or
tubes would be excluded because the proposed definition limited liners
to bags and tubes. On this basis, we are not incorporating the
definition for ``Liner.'' ``Stabilized'' is 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''
is added in conjunction with the requirements for the design,
construction and use of UN portable tanks (see Secs. 178.274, 178.275,
178.276 and 178.277).
Section 171.10. To correspond with the incorporation of the UN
portable tank specifications, we are adding the unit of measure for
``Newton'' into the Table of Conversion Factors in paragraph (c)(2).
Section 171.11. We are adding a new paragraph (d)(6)(vi) to limit
the radioactive material definition to Sec. 173.403. We are also adding
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.
Section 171.12. In the NPRM, we proposed to revise paragraph(b)(3)
by adding a limitation to the use of the IMDG Code, 2000 edition that
became effective January 1, 2001. The limitation which regulates
certain viscous flammable liquids that are excepted from the IMDG Code
was incorporated
[[Page 33319]]
into the HMR on February 1, 2001 (66 FR 8646). One commenter stated
that we should revise paragraph (b)(5) by removing the reference to
Section 26 of the General Introduction to the IMDG Code because it will
become obsolete January 1, 2002 (66 FR 8645) due to the extensive
reformatting. We agree and are making the revision accordingly. We are
also revising the paragraph to allow for the use of IBCs and UN
portable tanks intended for liquids and solids that conform to the
requirements of the IMDG Code. We are adding 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. In addition, we are revising
paragraph (d) to reflect the addition of the current edition of the
IAEA ``Regulations for the Safe Transport of Radioactive Material, No.
TS-R-1,'' 1996 edition. (See Sec. 171.7 for discussion concerning the
addition of the updated TS-R-1 standards) to ensure that radioactive
material is defined in accordance with Sec. 173.403.
Section 171.12a. We are adding 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 are revising 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 is
October 1, 2001. However, we are authorizing immediate voluntary
compliance. This authorization will allow shippers to prepare their
international shipments in accordance with the new ICAO Technical
Instructions, the IMDG Code and the HMR provisions. We also are
authorizing a delayed mandatory compliance date of October 1, 2002
which is comparable to the transition provision provided in the final
rule under Docket HM-215C. The delayed mandatory compliance date will
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 are revising paragraph (d)(2) to permit intermixing of old and
new (HM-215D) hazard communication requirements until October 1, 2002.
We are adding a new paragraph (d)(4) to allow the use of the T code
special provisions (assigned to certain hazardous materials in Column
(7) of the HMT) in effect on December 31, 2000 until January 1, 2010
for hazardous materials offered for transportation in IM, DOT
Specification 51 and IMO portable tanks. This amendment is consistent
with the IMDG Code grandfather provisions for portable tank
requirements and will minimize any undue regulatory burden.
We are adding a new paragraph (d)(5) to allow continued display of
proper shipping names with the word ``inhibited'' on packagings until
October 1, 2005. (See Sec. 172.101, HMT for further discussion.)
Part 172
Section 172.101. Paragraph (b)(1) is being revised for
clarification of the use of the plus (+) sign. (See preamble discussion
later in this section under the Hazardous Materials Table (HMT). We are
revising paragraph (c)(11) for materials transported as samples which
are assigned a tentative proper shipping name, hazard class,
identification number and packing group. We are adding provisions based
on the eleventh revised edition of the UN Recommendations to include
requiring the word ``SAMPLE'' to appear in the proper shipping name,
requiring a combination packaging, limiting the packaging size to 2.5
kg and allowing an exception from including the technical name when the
constituents are not known. We also are adding 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.
We received several comments concerning our proposal to revise
hazardous materials transported as samples. Some commenters stated that
prohibiting samples from being packed together with other hazardous
materials would be overly restrictive and impose an undue burden.
Commenters presented examples to demonstrate their argument, including
one scenario in which a hazardous material is transported on dry ice.
Our intention for revising this paragraph is to prevent the dangerous
mixing of materials as prohibited in Sec. 173.24 and to prevent the
production of a mixture that would result in violation of Sec. 173.21.
Because the HMR requires samples to meet the requirements in
Secs. 173.21, 173.24, 173.24a and 173.24b, we agree that it is not
necessary to prohibit samples from being shipped in the same packaging
with other hazardous materials and are revising the paragraph
accordingly. We are also removing proposed paragraph (c)(11)(i) in
response to commenters' objections to the proposal prohibiting an
explosive, infectious substance or radioactive material from being
shipped as a sample. Provisions for transporting samples of such
materials are currently authorized in the HMR and we agree that
incorporation of the proposed paragraph (c)(11)(i) would be contrary to
the current provisions. It was not our intention to remove the
authorization to transport these materials as samples. As a result of
these changes, certain proposed paragraphs are renumbered.
One commenter requested that the word ``SAMPLE'' be allowed to be
shown on the shipping paper in association with the basic description.
That is our intent, and although we proposed to require the word
``SAMPLE'' to appear in association with the basic description in the
NPRM's preamble, the regulatory text wording required the ``SAMPLE'' to
be shown before the basic description. The commenter is correct and we
are revising the regulatory text accordingly.
One commenter requested that we change the term ``hazardous waste''
to ``waste'' because in accordance with Sec. 171.8 the term ``hazardous
waste'' applies only to those materials subject to the EPA manifest
requirements under 40 CFR part 262. The commenter is concerned that
generators of waste not subject to the EPA manifest requirements would
be restricted from transporting their materials as samples. The
commenter is incorrect by misapplying the use of the term ``generators
of waste'' and ``hazardous waste.'' Under the CFR, the term ``hazardous
waste'' does not apply to hazardous materials that are not subject to
the EPA manifest requirements. Such materials are considered ``a sample
of material'' in the context of paragraph (c)(11) and are not
considered ``waste'' under the 49 CFR.
Finally, based on comments recommending various revisions to
clarify the intent of the paragraph (c)(11), we made certain editorial
amendments, including clarifying that technical descriptions do not
apply when the primary constituents for which the tentative
classification is based are not known.
In paragraph (k) for vessel stowage requirements in Column (10) of
the HMT, we are adding new paragraphs (k)(6) through (k)(20) to include
the IMDG Code vessel stowage category definitions for Class 1
(explosive) materials. This action is consistent with the new stowage
categories and terminology contained in Amendment 30 of the IMDG Code.
(Also see
[[Page 33320]]
preamble discussion under ``The Hazardous Materials Table'' and
Sec. 176.63.)
The Hazardous Materials Table (HMT). Amendments to the HMT include
the following:
--Several commenters noted minor editorial errors in the HMT and we
made the appropriate changes to correct these entries.
--For the entries, ``Other regulated substances, liquid, n.o.s.'' and
``Other regulated substances, solid, n.o.s.,'' we are adding 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).
One commenter requested that we allow marine pollutants to
alternatively be described using the proper shipping names ``Other
regulated substances, liquid, n.o.s.'' or ``Other regulated substances,
solid, n.o.s,'' as appropriate. We are not adopting this requested
amendment because the shipping names ``Environmentally hazardous
substances, liquid, n.o.s.'' and ``Environmentally hazardous
substances, solid, n.o.s'' more accurately describe marine pollutants
as posing an environmental risk and are, therefore, more appropriate
proper shipping names as required by the HMR.
--We are adding 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 are revising 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 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 revising 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 adding the entry ``Air bag inflators, pyrotechnic or Air bag
modules, pyrotechnic or seat-belt pretensioners, pyrotechnic,'' UN0503
for air bags that are classified as Division 1.4G. We inadvertently
omitted this entry in the NPRM. While we are not considering changing
our policy or procedures for the classification of air bags as articles
of Class 9, on the basis of the UN Manual of Tests and Criteria, 6c
test, we believe that other competent authorities may assign a
classification of 1.4G for some air bags. Incorporation of this entry
is necessary to preclude the potential for frustrated shipments, the
need to re-mark certain packagings or to change shipping papers for
these air bags, when they are classified as 1.4G by other competent
authorities and are being transported to or from the United States.
--We are revising all proper shipping names containing the word
``inhibited'' by replacing ``inhibited'' with the word ``stabilized.''
(Also, see the added definition for ``stabilized'' in Sec. 171.8.) One
commenter opposed the proposal to replace the word ``inhibited'' with
``stabilized'' and suggested that, instead, we clarify that monomers
can be properly inhibited through means other than the addition of an
inhibitor. The commenter stated that the words ``inhibited'' and
``stabilized'' have the same meaning for the purpose of transportation
and expressed concern that we do not understand the distinction between
the two words. The commenter also requested that we add several generic
n.o.s. entries that include the word ``inhibited'' in the proper
shipping names. We are not convinced of the merits of either request.
The word ``stabilized'' introduces internationally accepted and
standardized hazard communication wording and conveys that the addition
of a stabilizing compound or other means of stabilization such as
temperature control measures, have been implemented to prevent an
unwanted reaction of a hazardous material. The word ``stabilized''
conveys a broader meaning of inhibiting uncontrolled reaction of a
hazardous material (see Sec. 171.8) by different methods. The continued
use of the word ``inhibited'' would lead to a dual system of hazard
communication that would be burdensome to shippers and carriers. In
addition, the word ``stabilized'' is more adequately descriptive from
the emergency responders' perspective. Adopting the word ``stabilized''
will also alleviate the necessity of issuing numerous exemptions for
the variety of methods or combination of methods used to inhibit
uncontrolled reactions without the use of inhibiting chemicals. Based
on these reasons, we are adopting the amendment as proposed.
One commenter requested that we extend the proposed transition
period for this amendment to provide sufficient relief from remarking
all affected bulk packagings. The commenter stated that an extended
transition period would allow the remarking to be accomplished during
routine maintenance and periodic inspection cycles. In the NPRM, we
proposed a transition period until October, 2002. We agree that a
longer transition period for domestic transportation would help relieve
any undue burden associated with this amendment without having a
significant impact on safety. We are including a transitional provision
in Sec. 171.14 to allow the use of the word ``inhibited'' to be shown
on packagings until October 1, 2005.
The allowance of additional means of stabilization and the removal
of certain domestic entries from the HMT (see domestic entry removals
later in this section) also addresses a petition for rulemaking (P-
1304) requesting that we add a new domestic entry, ``Methyl
methacrylate monomer, uninhibited,'' Class 3, NA1247, PG II to the HMT.
As we stated, with respect to the request that we add generic n.o.s.
entries that include the word ``inhibited,'' such an
[[Page 33321]]
action would also be contrary to the intent of global harmonization and
would be beyond the scope of this rule. We are not adopting the
request. Commenters having an interest in developing generic names for
inclusion into the UN Recommendations should provide more specific
information and examples of materials that require stabilization and
are not covered by existing entries.
--We are revising 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, stabilized,'' UN2531, we are
replacing Packing Group III with Packing Group II.
--We are removing various domestic entries that have ``NA''
identification number assignments. As discussed in the NPRM, 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. In the NPRM, the revision of ``Diesel
fuel'' with the identification number NA1883 was a printing error which
we are correcting in this final rule. ``Diesel fuel,'' NA1993 is
retained and we are adding ``Diesel fuel, UN1202.'' This amendment will
allow flexibility of choice in the use of proper shipping names for
domestic transportation. In addition, for the convenience of the HMT
users, we are separating the entry ``Gas oil or Diesel fuel or Heating
oil, light'' by giving each name a separate line entry in appropriate
alphabetical order. In response to comments requesting that we
reconsider the proposed removal of ``Gasohol,'' we are not removing the
entry from the HMT.
One commenter recommended that we provide T codes and IBC codes
(see Sec. 172.102, Special Provisions) for the entry ``Combustible
liquid, n.o.s.,'' NA 1993. We agree with the commenter and are adding
portable tank instruction T1, portable tank Special Provision TP1 and
IBC code IB3. However, we did not assign IB6 to this entry, as
requested by the commenter, because Sec. 173.150(f) currently allows
for the use of non-specification bulk packagings.
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 are adding 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. TS-R-
1.'' In addition, we are revising the current radioactive material
entries in the HMR to indicate that these entries may be used for
domestic shipments, but may be inappropriate for international
transportation.
--For Class 1 (explosive) entries, we are revising 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 proposed adding a plus
sign (+) 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 consistent with the UN Recommendations. One commenter
objected to this proposal by stating that the action would
unnecessarily restrict the shipment of dilute solutions of methanol.
The commenter presented diluted methanol meeting the criteria for PG
III as an example. In previous preamble discussions (see HM-215C Final
Rule--Federal Register: March 5, 1999 (Volume 64, Number 43)) we
indicated that a mixture or solution containing a hazardous material
where the hazard is significantly different from that of the pure
material should be evaluated on the basis of classification criteria.
If such a mixture or solution does not meet the corresponding hazard
class, a different proper shipping name may be used. Our position
remains that when a mixture or solution of a material that is assigned
a plus sign in column 1 of the HMT, no longer exhibits a hazard to
humans, the material need not be described using a proper shipping name
with a plus sign assignment. We recognize the need to clarify the
intent of the plus sign in paragraph (b)(1). We are adding a sentence
to paragraph (b)(1) to clarify the applicable requirements when the
plus (+) sign is assigned to a proper shipping name.
--We are removing the entry ``Isobutyric anhydride,'' UN2530.
--For the entry ``Morpholine,'' UN2054, we are replacing Class 3 with
Class 8, replacing Packing Group III with Packing Group I , and adding
Class 3 as the subsidiary hazard.
--For ``Organic peroxide type F, solid, temperature controlled,''
(UN3120), we are removing the Packing Group III entry that was due to a
printing error in 49 CFR. The PG II entry remains.
--For approximately 14 Zone A and B toxic-by-inhalation entries, we are
revising the quantity limits for transport by air to ``forbidden.''
These revisions are consistent with other toxic-by-inhalation entries
in the HMT and with the requirements of the ICAO Technical
Instructions.
--For the entry ``Fire extinguishers containing compressed or liquefied
gas'' we are adding Special Provision 110 to Column (7).
--We received a comment stating that our proposal to add Special
Provisions 128 and B115 to the entry, ``Magnesium granules, coated,
particle size not less than 149 microns,'' UN2950 (PG III only) was not
reflected in the HMT and should also apply to ``Water-reactive solid,
n.o.s,'' UN2813. After re-evaluation, we do not consider that it is
appropriate to apply Special Provision 128 to ``Magnesium granules,
coated,'' UN2950, because we are not convinced that these materials
pose a Class 8 risk. As explained in the NPRM, this action is based on
a petition for rulemaking (P-1338) that we received from the Aluminum
Company of America (Alcoa). 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 sift-proof bulk packagings when the material
is loaded dry, precautions are taken to prevent liquid from reaching
the hazardous materials and the bulk packagings are appropriately
vented. However, UN2950 is assigned to bulk packaging Sec. 173.240
which already allows non-specification bulk packagings and, therefore,
we are not applying Special Provision 128 or B115 to UN2950 in this
final rule. In response to the comment that Special Provisions 128 and
B115 should apply to ``Water-reactive solid, n.o.s.'' UN2813, we note
that exemption DOT E-11602 only applies to one specific material
containing magnesium or magnesium nitrides that is described using a
technical name in association with ``Water reactive solid, n.o.s.'' We
do not agree that broad application of Special Provisions 128 and B115
to all
[[Page 33322]]
PG II or III water-reactive solids is appropriate or necessary.
--We received a comment stating that we did not include IBC and
portable tank assignments for the PG II entry for ``Extracts,
flavoring, liquid,'' UN1197. The oversight is corrected in this final
rule.
--Several commenters noted minor editorial errors in the HMT and we
made the changes as appropriate.
--For approximately 1,600 entries, we are revising Column (7) by
harmonizing the HMR authorizations for IBCs with those contained in the
UN Recommendations. As dicussed in the NPRM, in most cases the UN
Recommendations provide for greater flexibility in the use of different
types of IBCs. However, for certain hazardous materials, the
incorporation of the UN IBC requirements further restricts the types of
IBCs that were authorized prior to this final rule for certain
hazardous materials. For example, some Packing Group II liquid
hazardous materials of Class 3, Division 6.1 and Class 8 that were
previously authorized to be transported in composite IBCs with flexible
inner receptacles (such as 31HZ2) are no longer authorized. For the
benefit of the reader and to facilitate a review of the proposed
amendments, in the NPRM, we included a table identifying all of the
affected hazardous materials and indicated the current bulk assignments
and the proposed IBC assignments.
The IBC packaging requirements are included in a newly-created IBC
Table under the Special Provisions section in Sec. 172.102(c)(4). The
table consists of IBC Codes (using the designations IB1-IB99)
corresponding to the UN IBC packing instructions, and BB Codes
corresponding to the UN IBC special packing provisions. We assigned 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 makes it easier for
readers to identify the authorized IBCs for specific hazardous
materials. As a result of this amendment, we are revising the bulk
special provisions in Sec. 172.102(c)(3) to remove the previously
authorized bulk codes relevant to the use of IBCs. We are also revising
the current IBC packaging authorizations under Secs. 173.240(d),
173.241(d), 173.242(d) and 173.243(d).
This revision 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 that we allow the
use of rigid plastic IBCs and composite IBCs with a rigid plastic inner
receptacle for certain liquids. We agree with RIBCA's request, however,
as discussed in the NPRM, in the interest of harmonization, we believe
it is more beneficial to adopt the UN Recommendations' IBC packing
instructions in totality, and, as such, are amending the HMR
accordingly.
One commenter stated that under the new IBC packing instructions,
sodium cyanide and potassium cyanide would no longer be permitted in
fiberboard or flexible IBCs. The commenter states that they are
currently shipped this way according to B69. Although the UN
Recommendations do not allow these types of IBCs for such materials, we
are maintaining authorization for the use of fiberboard IBCs in
domestic transportation. We will pursue the amendment to IB7 to allow
the use of fiberboard (11G) IBCs through a proposal to the UN Transport
Committee. However, we do not agree that flexible IBCs should be
authorized for these hazardous materials.
The commenter also stated that large packagings should be
authorized for sodium cyanide and potassium cyanide. Assignment of
large packaging authorizations to specific substances is beyond the
scope of this final rule. Currently, the UN Recommendations do not
authorize large packagings for these substances. Large packagings are
limited primarily to Packing Group III hazardous materials in the UN
Recommendations. We plan to work through the UN Transport Subcommittee
to address the commenter's concerns and depending on the outcome, we
will address this issue in a future rulemaking.
Appendix B to Sec. 172.101. In Appendix B to 172.101, List of
Marine Pollutants, we are revising paragraph ``1'' by referencing
Sec. 171.4, which contains the applicability and exceptions for
offering for transportation or transporting marine pollutants. We are
revising 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 in the HMT and does not meet the definitions of Class 1
through 8. In addition, a number of materials are added, removed or
amended in the List of Marine Pollutants. The entry ``EPTC (ISO)'' is
removed. The entry was also 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 no longer identified as marine
pollutants are also removed. Consistent with the proper shipping name
revisions to replace the word ``inhibited'' with ``stabilized,'' we are
making the change to five entries in the List of Marine Pollutants. All
of the amendments to the List of Marine Pollutants are consistent with
the marine pollutants provided in Amendment 30 of the IMDG Code. (Also
see Sec. 172.101, HMT for comment on use of proper shipping names for
certain marine pollutants.)
One commenter stated that the proposal to remove the entry
``Dichlorobenzenes (meta, ortho and para)'' from Appendix B and replace
it with the entry ``Dichlorobenzene (para)'' will result in an
inappropriate listing of entries in Appendix B of the HMT for
dichlorobenzene isomers. The commenter stated that the changes in
Amendment 30 of the IMDG Code only delist ``1,2 Dichlorobenzene
(ortho)'' as a marine pollutant and that the appropriate
dichlorobenzene entry, in addition to existing ``1,3 Dichlorobenzene,''
and ``1,4 Dichlorobenzene,'' should be ``Dichlorobenzene (meta;
para).'' We agree with the commenter and are revising the entry
accordingly.
Section 172.102. We are revising, adding and removing special
provisions as follows:
--Special Provision 43 is revised to include a provision which excepts
``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 Subsection 33.2.1. of the UN
Manual of Tests and Criteria, Part III.
--Special Provision 110 is revised to more fully identify fire
extinguishers that may be assigned to certain proper shipping names.
The revision also provides for harmonization with the ICAO Technical
Instructions. (We also are adding the special provision to the entry,
``Fire extinguishers containing compressed or liquefied gas.'' See
Sec. 172.101 HMT amendments.)
--Special Provision 128 is revised based on the amendment to assign it
to ``Magnesium granules, coated, particle size not less than 149
microns.'' (See Sec. 172.101 HMT changes.)
--Special Provision 136 is 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 HMT changes.)
[[Page 33323]]
We are revising 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 is added for two new 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 is assigned for the new entry
``Nitroglycerin mixture, desensitized, liquid, n.o.s.'' The special
provision requires the material to be approved by the Associate
Administrator.
--A new Special Provision 143 is added for the entry ``Life-saving
appliances, not self-inflating, containing dangerous goods as
equipment.'' The special provision clarifies which articles may be
transported under this entry.
--A new Special Provision A53 is added for the entry ``Refrigerating
machines,'' UN2857 and contains the exceptions from the HMR for certain
refrigerating machines. The exceptions are currently in Sec. 173.307.
--In conjunction with the amendment to revise and consolidate the IBC
requirements (see Sec. 172.101, Column (7) changes), we are adopting
the following changes: revising 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, adding a new paragraph (c)(4) for
special provisions specific to IBCs (IP Codes). IP codes are used to
describe the IBC packing instructions. We redesignated the term ``BB''
Codes, as named in the NPRM, to ``IP'' Codes in this final rule in
order to make it easier for the HMR user to locate the Special
Provisions. By redesignating the ``BB'' Codes, the IB the IP Codes will
be listed together in alphabetical order in Sec. 172.102.
--The current T codes in paragraph (c)(7) are revised to reflect the
incorporation of requirements for UN portable tanks and apply to
hazardous materials of Classes 2 through 9. The revised T codes are
consistent with those in the UN Recommendations and the IMDG Code and
supersede the current HMR IM portable tank T codes. The T code
provisions are required in addition to the 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 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 is provided for the continued use of the existing T
codes for IM and DOT 51 portable tanks (see Sec. 171.14(d)(5)).
One commenter stated that we did not provide for filling limits for
portable tanks used to transport refrigerated liquefied gases. To
correct this oversight, we are including filling limits that are
similar to those applicable to cryogenic cargo tanks authorized under
the HMR to transport refrigerated liquified gases. The filling limits
will be contained in new Special Provision TP5 which was previously
reserved. TP5 is assigned to all refrigerated liquified gases with a
tank code T75 assignment.
A commenter stated that fittings were not defined for TP22 which
states that lubricants for portable tank fittings must be oxygen
compatible. We do not believe that it is necessary to define
``fittings'' other than to require that they must be oxygen compatible.
Our basic intent is that no incompatible materials or lubricants be
used on fittings such as fasteners, valves, gauges, pipe thread or
other fittings that may come into contact with the oxygen and cause an
unsafe condition in transport.
-- We are removing proposed TP47 because it is not currently necessary.
It is not assigned to any entries and the present requirements are
addressed in the applicable packaging sections.
-- In paragraph (c)(7)(iv), we are adding definitions for ``small,''
bare,'' ``sunshield'' and ``insulated'' as they apply to T50.
--A new Special Provision W7 is added for seven new Class 7 entries and
assigned the vessel stowage category ``D,'' as defined in
Sec. 172.101(k)(4), to uranyl nitrate hexahydrate solution.
-- A new Special Provision W8 is added for four new Class 7 entries and
assigned 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 is 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 action aligns 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 172.202. We are revising paragraph (a)(4) based on a
comment requesting that we eliminate the shipping paper requirement for
inclusion of the packing group (PG II) for Class 1 (explosives) because
the requirement conflicts with the UN Recommendations, the ICAO
Technical Instructions and the IMDG Code, all of which do not require
the inclusion of PG II on shipping papers. We agree with the commenter.
The packing group does not indicate the degree of risk for explosives
and does not aid emergency responders and we are providing an exception
from this requirement. Based on the same reasoning, we are including in
paragraph (a)(4) an exception from the packing group notation for
organic peroxides and self-reactive materials.
Section 172.203. We are revising paragraphs(d)(11), (i) and (n). In
paragraph (d)(11), we are allowing 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 group notation is contained in the proper shipping
name. Based on a commenter's request for clarification, we are making
editorial revisions to this paragraph to improve the clarity of the
additional description requirements applicable to low specific activity
(LSA) materials and surface contaminated objects (SCO). We are changing
the wording ``unless these symbols are'' to ``unless the group notation
is,'' and adding the wording ``as described in the Sec. 172.101
Hazardous Materials Table'' after the wording ``proper shipping name.''
[[Page 33324]]
In paragraph (i), we are adding two shipping paper description
requirements for transportation by vessel. The first amendment is added
as new paragraph (i)(5) and requires the flash point for a liquid
hazardous material with a flash point of 61 deg.C or below to be
included on shipping papers when transported by water.
One commenter objected to the proposed requirement that for
materials having a flash point of 61 deg.C or less (closed cup c.c.),
the flash point must be included on shipping papers. The commenter
questioned the value of this requirement. We submit that knowledge of
the flash point of a material is a requirement for vessel operators
under the requirements of SOLAS Chapter II-2, Regulation 54. The SOLAS
requirement imposes cargo hold, electrical, ventilation, fire
protection and bilge pump requirements on hazard classes 3, 6.1 and 8,
having a flash point of 61 deg.C or less. In order to ensure that
vessel operators have this information, the IMDG Code requires a
shipper to include the flash point of such materials on shipping
papers. Although for most hazardous materials this information may be
derived from the classification and packing group, for some hazardous
materials this is not possible. To ensure that the flash point
information is readily available, and to harmonize the HMR with the
IMDG Code, we are adopting the requirement as proposed.
As discussed in the NPRM, 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 flash point in degrees Celsius for Class 3
(flammable) 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
are adding the requirement to specify the flash point 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 shipping
paper description requirements for transportation by vessel is added as
new paragraph (i)(6) and is based on comments from the USCG regarding
further harmonization with the IMDG Code. The amendment requires
subsidiary risks of a hazardous material that are not reflected in the
proper shipping name to be included on shipping papers.
In paragraph (n), we are clarfiying 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.''
Section 172.330. Consistent with the proper shipping name revisions
that replace the word ``inhibited'' with ``stabilized'' (see
Sec. 172.101), we are revising three such proper shipping names in
paragraph (a)(1)(ii).
Sections 172.402, 172.405 and 172.411. We received several comments
concerning the proposal to remove the requirement to differentiate
between primary and subsidiary labels. One commenter opposed the
requirement with no elaboration. A second commenter stated that it
would lower the level of safety. A third commenter opposed the adoption
of the requirement stating that as an emergency responder, vital
information necessary to respond to an incident would be lost. We
disagree with this commenter. When a hazardous material has two or more
hazards, each hazard must be considered in determining the appropriate
response to an incident. The commenter also pointed out that the
subsidiary risk is not required on shipping papers which would be
another method for emergency responders to obtain the information.
Under a separate rulemaking and consistent with the 12th edition of the
UN Recommendations, we plan to propose a requirement to identify the
subsidiary risks on shipping papers for all modes. In addition, for
vessel only, we are adopting a requirement in this final rule for
mandatory notation of subsidiary hazards on shipping papers, unless the
subsidiary hazard is reflected in the proper shipping name. Consistent
with the eleventh revised edition of the UN Recommendations, we are
removing the requirement to differentiate between primary and
subsidiary labels. Prior to this final rule, primary labels were
required to display the hazard class or division number in the lower
corner of the label, while subsidiary labels could not display these
numbers. We believe the display of the hazard class and division on all
labels will enhance safety and hazard communication. We are amending
the requirement which provides for two label specifications (one for
primary hazards and one for subsidiary hazards) by removing the
subsidiary hazard label specification. This change also provides relief
by eliminating the need for shippers to stock two sets of labels.
Another commenter stated that the proposed 5 year transition period
for continued use of subsidiary risk label requirements in effect prior
to this final rule, is too lengthy and could cause problems in domestic
transportation for multimodal shipments. The commenter stated that the
proposed transition period is not necessary because the ICAO Technical
Instructions and the IMDG Code have much shorter transition periods in
place, and that it seems unlikely that shippers would stock 5 year
supplies of subsidiary risk labels. Based on feedback from industry, we
believe that a 5 year transition period is warranted to allow
sufficient time for filled packagings that are pre-labeled to complete
their cycle out of transportation. We are not convinced that the 5 year
transition period will cause problems in domestic transportation. Also,
based on feedback from industry, we maintain that many shippers stock 5
year supplies of subsidiary risk labels. Therefore, in order to provide
a reasonable transition period, we are allowing labels meeting the
label specifications in place prior to this final rule to continue to
be displayed until October 1, 2005, at which time labels used to convey
both primary and subsidiary hazards must display the appropriate hazard
class or division number at the bottom of the label. (See Sec. 171.14
for transition provisions.) The same amendment also applies to placards
(see Sec. 172.519).
Section 172.502. In paragraph (b), we are correcting an error that
was published in the February 1, 2001 final rule under Docket HM-215D.
Based on a request from the Federal Register, we added a reference to
``see Sec. 171.7.'' During the typesetting process, the ICAO Technical
Instructions were mistakenly added and the TDG Regulations were
mistakenly omitted. We are correcting this error by removing the ICAO
Technical Instructions and reinstating the TDG Regulations.
Section 172.504. Based on comments and our own initiative, we are
revising paragraph (g) by allowing the display of only one placard
bearing one compatibility letter when certain Class 1 materials
(explosives) of different compatibility groups are transported together
in a single transport vehicle or container. This amendment is
consistent with the mixed packaging provisions in Sec. 173.61.
Section 172.519. Consistent with the amendment to eliminate the
distinction between primary and subsidiary labels, we are revising
paragraph (b)(4) to eliminate the requirement to distinguish
[[Page 33325]]
between primary and subsidiary placards. In addition, we are
incorporating 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 in domestic transportation
provided they were permanently affixed before October 1, 2001. Non-
permanently affixed subsidiary placards meeting the current placarding
specifications are allowed to be displayed until October 1, 2005. (See
Sec. 171.14 for transition provisions.)
Part 173
Section 173.2a. Consistent with the eleventh revised edition of the
UN Recommendations, in the paragraph (b) Precedence of Hazard Table, we
are revising Footnote 2 to exclude liquid and solid desensitized
explosives. In addition, we are adding the revised Footnote 2 to Class
3, PG I, II and III in the paragraph (b) Precedence of Hazard Table.
Section 173.4. Based on a request for clarification, we are
revising paragraph (a) to clarify that the small quantity exceptions
apply to packagings containing articles, as well as inner receptacles.
Section 173.24b. We are adding 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 173.29. One commenter requested that two petitions for
rulemaking be addressed in this final rule. The petitions request that
IBCs meeting the Environmental Protection Agency's empty container rule
in 40 CFR 261.7 be allowed to be transported without vehicle placarding
and shipping papers. We are not addressing this issue under HM-215D
because it is beyond the scope of this rulemaking.
Section 173.31. Consistent with the proper shipping name revisions
that replace the word ``inhibited'' with ``stabilized'' (see
Sec. 172.101), we are revising one such proper shipping name in
Sec. 173.31(b)(2)(ii).
Section 173.32. One commenter stated that the consolidation of
Secs. 173.32, 173.32b and 173.32c would impose requirements for DOT
Specification 57 portable tanks that previously did not apply. The
commenter provided specific recommendations for ensuring that new
requirements for the maintenance and continued use of DOT Specification
57 portable tanks are not introduced. We did not intend to impose new
requirements for DOT Specification 57 portable tanks. We considered the
recommendations of the commenter and revised Sec. 173.32(d), (f) and
(h) to address these recommendations.
One commenter suggested that we incorporate certain editorial
changes in Sec. 173.32 and part 180, subpart G, to clarify that not all
portable tanks have a maximum allowable working pressure (MAWP) and
that some requirements do not apply to all portable tanks, such as DOT
Specification 56 and 57 portable tanks. The commenter stated that DOT
Specification 57 portable tanks, for example, have a design pressure,
but not a MAWP. The commenter also noted that when we consolidated the
repair, inspection, test and maintenance requirements for portable
tanks in the NPRM, we applied requirements to DOT Specification
portable tanks that currently are not applicable under the HMR. We
agree with the commenter's suggestions and are incorporating the
suggested editorial corrections.
One commenter stated that one of its members maintains and operates
a large fleet of ICC Specification portable tanks and they requested
that we maintain the current grandfather provisions for these portable
tanks. As stated in the NPRM, our intent with removing the provisions
was based on whether these portable tanks were being used. With receipt
of this comment, we are retaining the provisions currently in 173.32(b)
and (c) of the HMR by incorporating them into Sec. 173.32(c)(4) and
(c)(5) in this final rule.
The commenter also stated that DOT Specification 60 and marine
portable tanks were not addressed in the NPRM and requested that these
portable tanks be authorized for continued use. We did not propose any
changes in the NPRM that would prevent continued use of these portable
tanks.
Another commenter expressed concern regarding our proposal to allow
UN portable tanks to be designed and constructed to pressure vessel
design codes other than the ASME Code. The commenter asked which codes
would be acceptable and expressed concern that we would allow codes
that are ``less stringent'' than the ASME Code. In response to this
comment, we wish to advise the commenter that codes other than ASME
will only be authorized if approved by the Associate Administrator for
Hazardous Materials Safety, and only for UN portable tanks intended for
the transport of liquid and solid hazardous materials. No approval
provision was proposed for use of alternative design codes for portable
tanks intended for the transport of liquefied gases. Because
alternative codes are only allowed if approved by the Associate
Administrator, applications for use of other design codes will be
reviewed on a case by case basis. It is not our intention to allow the
use of design codes that will not provide an equivalent level of safety
as afforded in the ASME Code. We did not include a list of potential
alternative codes because we have not considered which codes we will
accept and because other factors, in addition to the design code, will
be considered in each case.
One commenter stated that it is unclear whether the grandfather
provision for DOT Specification 56 and 57 portable tanks manufactured
after October 1, 1996 provides for such portable tanks to continue in
service. We note that DOT Specification 56 and 57 portable tanks were
not authorized to be manufactured after October 1, 1996. On October 1,
1996, the UN IBC requirements were introduced which replaced DOT
Specification 56 and 57 portable tanks.
Because paragraphs (c)(3) and (g) concerning pressure relief valves
for DOT specification portable tanks are duplicative, we are removing
paragraph (g). With this action the paragraphs following the removed
paragraph (g) are renumbered.
As proposed in the NPRM, we are revising Sec. 173.32 to provide
requirements for all portable tanks by consolidating the requirements
for the use of IM portable tanks currently in Sec. 173.32c into a
single section and moving them to part 180, subpart G, with the
qualification and maintenance requirements for IBCs, cargo tanks and
tank cars. We are also including a grandfather clause in 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 are authorized for continued use provided they meet the
applicable periodic inspection and test requirements in part 180,
subpart G. These requirements were previously in Sec. 173.32b. On
January 1, 2003, all newly manufactured portable tanks will 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). Finally, we are removing the provisions for the continued use
of DOT Specification 52 and 53 portable tanks based on our view that
these portable tanks are no longer
[[Page 33326]]
in use and the lack of comments to the contrary.
Section 173.32a. We are removing Sec. 173.32a and moving its
approval requirements for specification portable tanks to 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 are including similar requirements for
the incorporation of requirements for UN portable tanks.
Section 173.32b. We are removing Sec. 173.32b and relocating the
test requirements to part 180, subpart G, as discussed in Sec. 173.32.
Section 173.32c. We are removing Sec. 173.32c. The requirements for
the use of all specification portable tanks are now included in
Sec. 173.32, thereby precluding the need for Sec. 173.32c.
Section 173.34. Consistent with the proper shipping name revisions
that replace the word ``inhibited'' with ``stabilized'' (see
Sec. 172.101), we are revising two such proper shipping names in
Sec. 173.34(e)(13).
Section 173.61. Based on our own initiative, for Class 1
(explosives) mixed packaging requirements, we are revising 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 are adding a new paragraph (e)(8) to
allow explosive articles in compatibility group G, except for fireworks
and articles requiring special packaging, to be packaged with articles
of compatibility groups C, D and E, and the combined package may be
treated as belonging to compatibility group E. This revision
corresponds with the previous allowance contained in Sec. 177.848(g).
Section 173.62. Consistent with adding the entries ``Rockets with
inert head,'' UN0502 and ``1H-Tetrazole,'' UN0504 to the Sec. 172.101
Table, we are adding them to the paragraph (b) Explosives Table which
specifies the Packing Instructions assigned to each explosive. In
paragraph (c), we are revising 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 are revising 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 except as provided in
Sec. 175.10(a)(17). (See preamble discussion under Sec. 175.10.)
Section 173.162. We are revising paragraph (a)(1) by clarifying
that the types of packagings specified in the paragraph are combination
packagings and that the glass, earthenware or rigid plastic packagings
are authorized as inner packagings only. In addition, for these
packagings, we are increasing 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 are revising 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 consistent with the eleventh edition of the UN
Recommendations. The definition of lithium content was revised in this
final rule to make it consistent with a minor editorial clarification
adopted by the Committee of Experts in its report of the 21st session
(see section 38.3.2.2 in the amendments to the UN Manual of Tests and
Criteria, report number ST/SG/AC.10/27/Add.2). This clarification was
included based on a comment that we received. We adopted this
clarification in order to prevent possible confusion about the lithium-
equivalent content of lithium-ion battery packs that are currently used
in many portable devices. For the readers' information, we plan to
issue an NPRM under a separate rulemaking initiative to address the
12th edition amendments to the UN Recommendations that require all
lithium batteries, regardless of the lithium content, to be subject to
the lithium battery tests in Section 38 of the UN Manual of Tests and
Criteria. The lithium battery amendments and revised test methods are
available in the report of the UN Committee of Experts and may be
downloaded at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=
leavingFR.html&log=linklog&to=http://www.unece.org/trans
/main/dgdb/dgcomm/ac10rep.html.
Several commenters stated that we did not include the revised
requirements applicable to large lithium batteries used for electric
and hybrid vehicles and requested that we make the correction in the
final rule. Although we discussed the amendment in the NPRM's preamble,
the revised requirements were inadvertently omitted from the regulatory
text. This error is corrected in this final rule.
Section 173.224. Consistent with the UN Recommendations, we are
adding 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
are revising paragraph (b)(4) and removing paragraph (d) to allow Type
F self-reactive 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 amending the paragraph (b) Organic Peroxide
Table by making various changes, such as revising several technical
names, packing method authorizations and control temperatures. These
changes are consistent with the UN Recommendations. We are removing
Notes ``7'' and ``10'' consistent with the adoption of UN IBC 520 and
adding Note ``26'' to specify the available oxygen content limitation
for certain new organic peroxide formulations. We are revising
paragraph (e) to incorporate the requirements from the eleventh revised
edition of the UN Recommendations relevant to the emergency venting
devices for portable tanks and IBCs 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 are applying 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 are
expanded to include UN portable tanks. We are adopting the requirements
in Portable Tank Instruction T23 and IBC Special Provision, IBC 520.
A commenter brought to our attention that Note 26 as proposed would
conflict with the Sec. 173.21 restriction for ketone peroxides which
limits oxygen content to 9% or less. We agree and are removing the
proposed Note 26 text and renumbering the proposed Note 27 to Note 26.
In addition, based on a comment, we are adding an organic peroxide
formulation for 2,5 Dimethyl 2,5 di-2-ethylhex anoylperoxy hexane,
UN3113. The entry was adopted in the UN Recommendations and
inadvertently omitted in the NPRM.
[[Page 33327]]
We understand that the current Organic Peroxide Table includes a
number of formulations that are no longer used. We encourage users of
the Organic Peroxide Table to provide us with comments in this regard,
as well as suggestions for improving the Organic Peroxide Table.
Sections 173.240, 173.241, 173.242 and 173.243. In each section's
paragraph (c), we are removing 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 are
authorizing UN portable tanks. In conjunction with the revision to the
requirements for IBCs, for alignment with international standards, we
are revising 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 IP codes (see
Sec. 172.101, Column (7)). Based on a comment that we received, we are
not requiring temperature sensing devices or reclosing pressure relief
devices for DOT Specification 57 portable tanks. We agree with the
commenter that such portable tanks have limited use and are very
similar to IBCs.
We also received a comment stating that Sec. 173.240 should be
amended to allow the use of non-specification flexible (``supersacks'')
IBCs for hazardous materials such as ``Environmentally hazardous
substances, solid, n.o.s.'' Specifically, the commenter requested that
we authorize the use of non-specification ``supersacks'' in
Sec. 173.240. The commenter questioned the omission by asking why we do
not authorize non-specification IBCs, yet we provide for the use of
other non-specification bulk packagings. While it is our intent at this
time to maintain authorization for use of non-specification portable
tanks and bulk bins in Sec. 173.240(c), we do not agree that non-
specification IBCs should be authorized. The only non-specification
bulk packagings authorized in Sec. 173.240 are portable tanks and bulk
bins which are rigid packagings of a higher integrity when compared to
a 2,000 pound non-specification bag. Neither the current HMR nor the UN
Recommendations authorize the use of non-specification IBCs for
environmentally hazardous substances. We believe that authorization of
the non-specification ``supersacks'' would be detrimental to safety
and, therefore, we are not incorporating it into the HMR.
Section 173.247. In paragraph (c), we are removing Specification
DOT 52 and 53 portable tanks as authorized packagings (see
Sec. 173.32).
Sections 173.301, 173.304, 173.314, 173.315 and 172.330. Consistent
with the proper shipping name revisions that replace the word
``inhibited'' with ``stabilized'' (see Sec. 172.101), we are revising
all such proper shipping names in these sections.
Section 173.306. Consistent with Packing Instruction P201 in the UN
Recommendations, we are amending 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).
Sections 173.314 and 173.315. Consistent with the proper shipping
name revisions that replace the word ``inhibited'' with ``stabilized''
(see Sec. 172.101), we are revising one such proper shipping name in
Sec. 173.314(c) and (g) and two such proper shipping names in
Sec. 173.315(a), (b) and (h).
Section 173.315. As proposed in the NPRM, we are revising
paragraphs (a) and (i)(1)(iii) to incorporate provisions for the use of
UN portable tanks for the transportation of liquefied compressed gases
and the requirements for DOT Specification 51 portable tanks. In
paragraph (a), we are incorporating a reference to new tank instruction
T50 (see UN T Codes under Sec. 172.102) for the transportation of
liquefied compressed gases in UN portable tanks. In paragraph
(i)(1)(iii), we are including the pressure relief device requirements
applicable to UN portable tanks.
We received a comment questioning the intent in paragraph
(a)(1)(iii) concerning the insulation requirements. The commenter was
concerned that the paragraph prevents the use of mylar, other low
melting films and aluminum for jacket materials. We note that the
paragraph does not prohibit the use of jackets constructed of materials
other than steel, except in the case when the portable tank
manufacturer is attempting to lower the required relieving capacity of
the relief devices by taking into account the thermal protection
afforded by the insulation. The UN portable tank requirements
intentionally restrict the jacketing material to steel when using the
insulation as a means for reducing the required relieving capacity of
the pressure relief devices, because jacket materials with lower
melting temperatures, such as aluminum, would not provide adequate fire
damage protection for the inner vessel, or for the vacuum insulation in
the case of a vacuum insulated tank to justify allowing a lower overall
relieving capacity for the pressure relief system. We agree with the UN
reasoning for limiting jacket material to steel, and, therefore, we are
adopting the paragraph as proposed.
Section 173.320. For transportation by air for cryogenic liquids
exceptions, we are making an editorial clarification in paragraph (c)
to refer readers to the specific cites in the ICAO Technical
Instructions rather than stating ``see Sec. 171.11 of this
subchapter.''
Part 175
Section 175.10. For consistency with the ICAO Technical
Instructions, we are revising 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 revising 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 revising paragraph (a)(16) to exclude alcoholic beverages. Also, we
are adding 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 changes are consistent with the ICAO Technical
Instructions.
Section 175.33. For harmonization with the ICAO Technical
Instructions, we are revising paragraph (a) introductory text to add a
requirement that the written pilot notification must be accurate and
legible.
Section 175.78. We are revising 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 are provided for Divisions 5.1 and 5.2. We are adding a new
provision to clarify that packages with multiple risks do not need to
be segregated from other packages bearing the same UN number. The ICAO
Technical Instructions currently require segregation of Divisions 5.1
and 4.3 hazardous materials and we have revised the entry to reflect
the change.
Section 175.85. Consistent with a new provision adopted in the ICAO
Technical Instructions, we are revising paragraph (a) to authorize use
of main deck Class C cargo compartments for the transport of hazardous
materials. Prior
[[Page 33328]]
to this final rule, hazardous materials were allowed to be carried in a
main deck cargo compartment of a passenger aircraft provided the
compartment was inaccessible to passengers and it met 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 addition to smoke or fire detection systems.)
Part 176
Section 176.2. In conjunction with incorporating a requirement for
vessel cargo to be in compliance with the INF Code (see Sec. 176.720),
we are adding 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 are adding a stowage location definition for
``closed cargo transport unit.'' This addition coincides with the
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 are revising
paragraph (b) Table of provisions and paragraph (c)(2) stowage
provisions. In the paragraph (b) Table of provisions, we are adding 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 are revising the list of notes for the stowage of
Class 1 (explosive) material provisions.
Section 176.128. We are making an editorial change in
Sec. 176.128(c) by correcting an identification number.
Section 176.136. We are making 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 are revising 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 add one extremely flammable material, ``Methyl
phosphonous dichloride, pyrophoric liquid,'' NA2845.
Section 176.720. We are adding 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, 2000, English edition). The INF Code was adopted by
the International Maritime Safety Committee and became effective
January 1, 2001 in 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). We
are correcting 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. Prior to this rule, the paragraph read:
``(vi) ``6'' means explosive articles in compatibility group G,
other than fireworks and those requiring special stowage, may be stowed
with other explosive articles of compatibility groups C, D and E,
provided no explosive substances (for example, those not contained in
articles) are carried in the same vehicle.''
In this paragraph and the corresponding paragraph in Sec. 174.81,
the petitioners request that the words ``other explosives'' be inserted
before the wording ``explosive substances.'' The petitioners are
incorrect in their interpretation of the wording of this paragraph.
Explosive articles in compatibility group G may be stowed with certain
other explosive articles (C, D and E compatibility groups), provided no
explosive substances that are not contined within articles are carried
in the same vehicle. We point out that there is a distinction between
the words ``articles'' and ``substances.'' To take advantage of this
paragraph, explosive substances that are not contained in articles may
not be carried on the vehicle. We are revising the paragraph to clarify
that substances are prohibited when not contained in articles.
Part 178
Section 178.273. We are adding a new section by moving the current
requirements for the approval of portable tanks from Sec. 173.32a to
Sec. 178.273. This new section will include approval provisions for all
portable tanks, including ``UN portable tanks.'' These current approval
provisions will precede the requirements for UN portable tanks
(Secs. 178.274 through 178.277). Approval agencies that have an
interest in approving UN portable tanks must send a request to DHM-32,
Office of Hazardous Materials Approvals, in accordance with the
requirements in part 107, subpart E of this subchapter.
Sections 178.274, 178.275, 178.276 and 178.277. Based on the
eleventh revised edition of the UN Recommendations, we are
incorporating four new sections into the HMR for the UN portable tank
requirements. This action is based on our own initiative and a petition
for rulemaking (P-1373) and is consistent with our international
harmonization objectives. The requirements apply to the design and
construction of portable tanks. The IMO Dangerous Goods, Solid Cargoes
and Containers (DSC) Sub-Committee incorporated the new harmonized UN
multimodal portable tank requirements into the reformatted IMDG Code,
Amendment 30. The reformatted IMDG Code became 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 Amendment 29 or previous amendments to
the IMDG Code as applicable, depending on the date of construction).
The IMO allows 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 incorporating the
corresponding design, construction and use requirements for UN portable
tanks in the HMR. In addition, in Sec. 173.32 we are providing for the
continued use of IM 101, 102 and DOT Specification 51 portable tanks,
which is consistent with the provisions adopted in the IMDG Code.
The design and construction requirements for UN portable tanks do
not differ significantly from the previous 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. As discussed in the NPRM, while the majority of the
changes involve relaxations of the regulatory requirements, there will
be implications for portable tank manufacturers,
[[Page 33329]]
shippers and operators who transport hazardous materials in portable
tanks. For example, we are requiring UN portable tanks used for the
transportation of liquefied compressed gases to be approved by a DOT-
designated approval agency, and we are requiring all UN portable tanks
to meet a 4 g impact test. In addition to portable tanks for liquids
and liquefied compressed gases, we are incorporating requirements for
portable tanks that are used to transport refrigerated liquified gases
(cryogenic liquids). Previous to this final rule, requirements for
portable tanks used for refrigerated liquefied gases were not specified
in the HMR, and we authorized their use only under DOT exemptions. The
differences between UN portable tanks and the previous portable tank
requirements include, but are not limited to the following:
--The new definition for portable tank includes multimodal tanks
with a capacity of more than 450 liters (118.9 gallons).
--The new design temperature range is defined as -40 deg.C to 50
deg.C (-40 deg.F to 122.0 deg.F). This final rule includes the
requirement that design temperatures must be considered for portable
tanks subjected to severe climatic conditions. Previous to this final
rule, regulations specified a range of -20 deg.C to 50 deg.C (-4.0
deg.F to 122.0 deg.F).
--The new UN leakage test for portable tanks intended for the
transport of liquids specifies a test pressure not less than 25% of
Maximum Allowable Working Pressure (MAWP). The previous HMR
requirements specified an internal pressure equivalent to MAWP, but not
less than 0.2 bar (20.0 kPa) for liquids.
--The new test requires that the design and construction of
portable tanks must take into account the effects of fatigue during
normal conditions of transport. Previously, this was not required in
the HMR.
--The new 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.
--Under the new requirements, a rail impact test of 4 g is required
for all portable tanks meeting the definition of ``Container'' in the
International Convention for Safe Containers (CSC).
--The new requirements specify that the test pressure be 1.3 times
the design pressure for portable tanks intended for the transport of
liquefied gases. Previously, under the HMR, DOT 51 portable tanks used
for the transportation of liquefied gases were 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). The differences between 1.5 at 46 deg.C and 1.3 at 65 deg.C,
therefore, would not be significant. (Although one commenter stated
that they disagreed with this statement, our view is explained further
in the preamble discussion under Sec. 178.274.)
--The new requirements include a figure for thermal conductance for
the thermal insulation systems of shells intended for the transport of
liquefied compressed gases.
--The new 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 new requirements specify the effectiveness of the insulation
system (heat influx in watts) based on a test using the portable tank.
--The new requirements allow the specified minimum values of
material strength for austenitic steels to be increased by 15%
according to recognized material standards when greater values are
provided in the material inspection certificates.
--The new 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.
Section 178.274. One commenter stated that the required test
pressure for UN portable tanks used for the transportation of propane
would increase from 320 psig to 400 psig. We believe that the values
cited by the commenter are not accurate. Based on the Fourth Edition of
the Compressed Gas Association Handbook of Compressed Gases, the vapor
pressure of propane is approximately 220-230 psia at a reference
temperature of 115 deg.F (46.1 deg.C) and approximately 270-275 psia
at 130 deg.F (54.4 deg.C). The required MAWP according to
Sec. 173.315 is 250 psi. The test pressure for a UN portable tank would
be approximately the same as that for a DOT 51 portable tank and in
some cases may be slightly less. In this case, it would not be in the
interest of harmonization to vary from the internationally agreed
design pressure formulas. Based on the above, we are adopting the
requirement as proposed.
One commenter stated that aluminum should be authorized as a
material for portable tank shell construction. The UN Recommendations
allows aluminum only for portable tanks intended for liquid and solid
materials when approved by the competent authority. Aluminum is not
authorized for portable tank shells intended for non-refrigerated
liquefied gases, however, aluminum is authorized for shells of portable
tanks intended for the transportation of refrigerated liquefied gases.
Based on the merits of these comments and to be consistent with the UN
Recommendations, we are amending paragraph (b) accordingly.
Also regarding paragraph (b), some commenters requested background
information explaining the justification and application of the
proposed -40 deg.C lower range for the design temperature applicable
to UN portable tanks. This lower temperature was adopted because the UN
working group recognized that -20 deg.C was not sufficient to
represent temperatures that UN portable tanks may experience in certain
parts of the world. One commenter stated that it was not clear whether
the requirement was applicable to all portable tank components or only
to the shell. In response to this comment, we point out that the design
temperature range applies to the shell which is the primary pressure
and lading retention component of the portable tank. The general
requirements for design and construction state that ``Portable tank
materials must be suitable for the external environment where they will
be transported taking into account the determined design temperature
range.'' This provision requires service equipment to be suitable for
the climatic conditions to which it will be exposed. For these reasons,
we are not amending the proposed language.
One commenter stated that the change from the very prescriptive
relief device location for IM portable tanks in Sec. 178.270-
11(b)(1)(i) to the less specific requirement is ``too open to
interpretation'' and requested clarification. We do not agree with the
commenter. The main safety concern is that when the tank is filled to
its maximum filling condition, the relief device is located in the
vapor space and will ensure that escaping vapor can be discharged free
from any obstruction. The text accomplishes this objective and is more
flexible and performance-oriented. Specifically limiting the location
by specifying exact tolerances forces us to issue Special Permits
and Approvals when the location varies from these specific parameters. In
addition, the text as proposed in this section is consistent with how
the HMR specifies pressure relief device location for DOT specification
400 series cargo tanks
[[Page 33330]]
(see178.345-10(c)). We are adopting the text as proposed.
One commenter stated that the proposed requirement to group outlet
openings in paragraph Sec. 178.274(e)(7) of the NPRM should not apply
to portable tanks used for refrigerated liquified gases due to their
unique design. The commenter explained that this requirement does not
currently apply to exemption cryogenic portable tanks or MC 338
Specification cargo tanks (see Sec. 178.338-7), nor is it a requirement
under the UN Recommendations. We agree with this commenter and are
amending the paragraph to reflect that the external fitting grouping
requirement applies only to portable tanks intended for the
transportation of non-refrigerated liquefied gases. This amendment is
consistent with the current requirement that applies to DOT
Specification 51 portable tanks in Sec. 178.245-1(c). We agree that the
additional exceptions applicable to locating openings in other
locations in Sec. 178.245-1(d)(1), (2) and (3) should also apply and,
therefore, we are revising the text accordingly. Because these
requirements are applicable only to portable tanks intended for the
transport of non-refrigerated liquified gases, we are moving the text
to the more appropriate location of Sec. 178.276.
We received two comments concerning the proposed requirements for
the internal valve emergency shut-off device in paragraph (e)(7). One
commenter stated that there is no requirement in the UN Recommendations
nor the IMDG Code for a thermally activated closure. Our intent with
this paragraph is consistency with a requirement that was published
under a final rule (Docket HM-166Y; 63 FR 37453) on July 10, 1998,
requiring an IM portable tank to be retrofitted if unloaded while it
remained on a transport vehicle with the power unit attached. The
commenter stated that we proposed to expand the concept by making a
thermally activated device part of the service equipment for all UN
portable tanks and that the requirement would be contrary to
harmonization because UN portable tanks are used worldwide. They
suggested that the requirement should first be introduced at the UN
Committee of Experts for consideration. Although the requirement is
only a condition for unloading IM portable tanks from vehicles while
the motor unit is attached, we were informed through meetings with
portable tank users and manufacturers that it is not feasible to
determine which IM portable tanks would be offloaded in this manner and
that all IM portable tanks would need to be retrofitted with thermally
activated closure devices (fusible links) in order to comply with the
requirement in Sec. 177.834(o). In a request for an interim final rule
concerning the retrofitting requirement published in HM-166Y final
rule, the Hazardous Materials Advisory Council (HMAC) stated ``For
commercial and economic reasons, it is not practical to remove all
tanks from service at once to retrofit the bottom outlet valves with
thermally activated closure devices. Tanks are either in a transport
cycle, in storage, or in repair/maintenance shops. If all of the
portable tanks were taken out of service at the same time to complete
this retrofit, many industrial operations would be severely
disrupted.'' DOT 51 portable tanks are required to be fitted with these
closures (see Sec. 178.245-1(d)(iii)) and in the HM-215D NPRM we
proposed that UN portable tanks used for non-refrigerated liquified
gases be fitted with these devices consistent with paragraph 6.7.3.5.4
of the UN Recommendations. The UN Recommendations require ``quick
closing'' shut-off devices that close automatically in the event of
fire engulfment and unintended movement of the portable tank for
portable tanks used to transport flammable refrigerated and flammable
and toxic non-refrigerated liquified gases. We are removing the
requirements for these shut-off devices to operate based on unintended
movement because we believe it is not practical. We believe that even
though this is not a requirement under the UN Recommendations for
liquid materials, it is a domestic requirement and from the safety
perspective, as discussed under Docket HM-166Y, it should be applied to
U.S. manufactured UN portable tanks intended for the transportation of
liquid hazardous materials which are flammable, pyrophoric, oxidizing
or toxic. We believe it would be in the best interest of safety to fit
these portable tanks with thermally activated closures. We estimate
that the cost of installing a fusible link will be approximately $40.00
to $70.00 per portable tank based on information provided by tank and
tank valve and component manufacturers. Installation at the time of
manufacture will avoid downstream retrofitting costs, costs associated
with shipping delays and logistical problems at a later date. In
previous discussions with the Hazardous Materials Advisory Council and
the Tank Container Association, we were informed that retrofitting of
portable tanks would cost approximately $200.00 to $250.00 per portable
tank. On the basis of these costs, it makes economic sense to install
the devices at the time of manufacture. We agree that this requirement
should be proposed to the UN Committee of Experts and will follow-up
accordingly. On the basis of enhanced safety, minimal cost at the time
of manufacture, shipping delays and logistics, we are requiring U.S.
manufactured UN portable tanks intended for transporting certain
liquids to be fitted with thermally activated closures (fusible links).
The internal valve shut-off requirements are revised for consistency in
Secs. 178.275(d)(3), 178.276(c)(4) and 178.277(d).
Concerning paragraph (i), one commenter stated that markings such
as maximum allowable working pressure, test pressure, maximum gross
mass and the applicable T Code should be marked on the tanks |
