[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Rules and Regulations]
[Page 78595-78635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de06-16]
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Part IV
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and
International Civil Aviation Organization's Technical Instructions;
Final Rule
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175, 176, 178 and 180
[Docket No. PHMSA-06-25476 (HM-215I)]
RIN 2137-AE16
Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and
International Civil Aviation Oganization's Technical Instructions
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
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SUMMARY: This final rule revises the Hazardous Materials Regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations and vessel stowage requirements.
These revisions will harmonize the Hazardous Materials Regulations with
certain recent changes to the International Maritime Dangerous Goods
Code, the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air, and the
United Nations Recommendations on the Transport of Dangerous Goods.
DATES: Effective date: January 1, 2007.
Voluntary Compliance Date: PHMSA is authorizing voluntary
compliance beginning January 1, 2007.
Delayed Compliance Date: Unless otherwise specified, mandatory
compliance with the amendments adopted in this final rule is required
beginning January 1, 2008.
Incorporation by Reference Date: The incorporation by reference of
the publications adopted in Sec. 171.7 of this final rule has been
approved by the Director of the Federal Register as of January 1, 2007.
FOR FURTHER INFORMATION CONTACT: Charles Betts, Office of Hazardous
Materials Standards, telephone (202) 366-8553, or Shane Kelley,
International Standards, telephone (202) 366-0656, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Contents
I. Background
II. Overview
A. Amendments Adopted in this Final Rule
B. International Standards Not Being Adopted in this Final Rule
III. Section-By-Section
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for this Rulemaking
B. Executive Order 12866 and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
I. Background
By notice of proposed rulemaking (NPRM) published August 31, 2006,
the Pipeline and Hazardous Materials Safety Administration (PHMSA, we)
published proposed revisions to the hazard communication,
classification, and packaging requirements of the Hazardous Materials
Regulations (HMR), 49 CFR parts 171-180, to align with updates and
revisions to the United Nations Recommendations on the Transport of
Dangerous Goods (UN Recommendations), the International Maritime
Dangerous Goods (IMDG) Code and the International Civil Aviation
Organization (ICAO) Technical Instructions for the Transport of
Dangerous Goods by Air. The UN Recommendations are amended and updated
biennially by the UN Committee of Experts on the Transport of Dangerous
Goods and on the Globally Harmonized System of Classification and
Labeling of Chemicals and serve as the basis for national, regional,
and international modal regulations, including the IMDG Code, and the
ICAO Technical Instructions.
The harmonization of domestic and international standards becomes
increasingly important as the volume of hazardous materials transported
in international commerce grows. Harmonization facilitates
international trade by minimizing the costs and other burdens of
complying with multiple or inconsistent safety requirements for
transportation of hazardous materials to and from the United States. By
facilitating compliance, harmonization also tends to enhance safety for
international movements, but only if the international standards
themselves provide an appropriate level of safety. To that end, PHMSA
actively participates in the development of international standards for
the transportation of hazardous materials, frequently advocating the
adoption in international standards of particular HMR requirements.
When considering the adoption of international standards under the HMR,
we review and consider each amendment on its own merit. Each amendment
is considered on the basis of its overall impact on transportation
safety and the economic implications associated with its adoption into
the HMR. Our goal is to harmonize without diminishing the level of
safety currently provided by the HMR and without imposing undue burdens
on the regulated public.
To maintain alignment of the HMR with international requirements,
in this final rule, we are incorporating changes into the HMR based on
the Fourteenth revised edition of the UN Recommendations and UN Manual
of Tests and Criteria, Amendment 33 to the IMDG Code, and the 2007-2008
ICAO Technical Instructions, which become effective January 1, 2007. We
are also addressing petitions for rulemaking concerning harmonization
with international standards and additional measures to facilitate
international transportation.
The comment period for the proposed rule closed on October 16,
2006. PHMSA received 28 comments in response to the proposed
rulemaking. The following individuals, companies and organizations
submitted comments:
(1) Georgia Department of Public Safety (GPS; PHMSA-06-25476-4);
(2) North American Transportation Consultants (NATC; PHMSA-06-25476-7);
(3) Lawrence Laude (Laude; PHMSA-06-25476-8);
(4) United Parcel Service (UPS; PHMSA-06-25476-9);
(5) Christopher L. Botteri (Botteri; PHMSA-06-25476-10);
(6) Dennis Eisenhofer (Eisenhofer; PHMSA-06-25476-11);
(7) HMT Associates (HMT; PHMSA-06-25476-12);
(8) Phillip Adamo (Adamo; PHMSA-06-25476-13);
(9) Institute of Makers of Explosives (IME; PHMSA-06-25476-14);
(10) J & S Warehouse (J&S; PHMSA-06-25476-17);
(11) Rising Star Transportation (RST; PHMSA-06-25476-18);
(12) National Tank Truck Carriers (NTTC; PHMSA-06-25476-19);
(13) Air Products and Chemicals (AP&C; PHMSA-06-25476-20);
(14) All Chemical Transport and Leasing (AllChem; PHMSA-06-25476-21);
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(15) International Sanitary Supply Association (ISSA; PHMSA-06-25476-
22);
(16) American Trucking Association (ATA; PHMSA-06-25476-23);
(17) The Chlorine Institute (CI; PHMSA-06-25476-24);
(18) International Vessel Operators Hazardous Materials Association,
Inc. (VOHMA; PHMSA-06-25476-25);
(19) Arkema (Arkema; PHMSA-06-25476-26);
(20) Unidentified commenter (UC1; PHMSA-06-25476-28);
(21) Laboratory Corporation of America Holdings (LabCorp; PHMSA-06-
25476-29);
(22) Unidentified commenter (UC2; PHMSA-06-25476-30);
(23) National Association of Chemical Distributors (NACD; PHMSA-06-
25476-31);
(24) National Paint & Coating Association (NPCA; PHMSA-06-25476-33);
(25) Dangerous Goods Advisory Council (DGAC; PHMSA-06-25476-34);
(26) Degussa Corporation (Degussa; PHMSA-06-25476-35);
(27) Federal Express (FedEx; PHMSA-06-25476-36): and
(28) Association of HazMat Shippers, Inc. (AHS; PHMSA-06-25476-37).
Commenters were supportive of PHMSA's efforts to harmonize the HMR
with international standards. Many of the proposals in the NPRM are
fully supported by commenters, while others received little or no
comment; these amendments are adopted as proposed. Several comments
were beyond the scope of this rulemaking and are not addressed in this
final rule.
In the NPRM, we requested comments on whether certain amendments
should be tied to a sunset provision. We received six comments (GPS,
IME, NTTC, AP&C, ATA, and NPCA) opposing the idea of a sunset
provision. We agree with the commenters that for an international
harmonization rulemaking, sunsetting some or all of the regulatory
provisions is not appropriate. Therefore, we are not adopting a sunset
provision for the amendments in this final rule. Other comments are
discussed in the Section-by-Section Review.
II. Overview
A. Amendments Adopted in This Final Rule
In this final rule, we are adopting the following amendments to the
HMR:
Adoption of a single shipping paper description sequence
(identification number, proper shipping name, hazard class or division,
packing group).
Requirement to indicate the net quantity of hazardous
material per package on the shipping paper if transportation is by
aircraft.
Incorporation by reference of the updated ICAO Technical
Instructions, IMDG Code, and UN Recommendations.
Amendments to the Hazardous Materials Table (HMT) to add,
revise, or remove certain proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, bulk
packaging requirements, passenger and cargo aircraft maximum quantity
limitations and vessels stowage provisions.
Revision of the ORGANIC PEROXIDE label and placard.
Revision of the classification criteria for PG III
flammable liquids.
Revision of the classification criteria and packing group
assignments for Division 6.1 materials.
Requirements for the transportation of fuel cells
containing flammable liquid.
Adoption of a one-packet limit for matches carried by
airline passengers or crew members.
B. International Standards Not Being Adopted in This Final Rule
This final rule makes changes to the HMR based on amendments to the
Fourteenth revised edition of the UN Recommendations, Amendment 33 to
the IMDG Code, and the 2007-2008 ICAO Technical Instructions, which
become effective January 1, 2007. However, we are not adopting all of
the amendments to those documents into the HMR. In many cases,
amendments to the international regulations have not been adopted
because the framework or structure of the HMR makes adoption
unnecessary. In other cases, we have handled, or will be handling, the
amendments in separate rulemaking proceedings. For example, we
addressed requirements related to the transportation of infectious
substances in a final rule published June 2, 2006, under Docket HM-226A
(71 FR 32244). Similarly, we adopted amendments relating to the use of
UN cylinders and pressure vessels in a final rule published June 12,
2006, under Docket HM-220E (71 FR 33858).
One of the goals of this rulemaking is to continue to maintain
consistency between the HMR and the international requirements. We are
not striving to make the HMR identical to the international regulations
but rather to remove or avoid potential barriers to international
transportation.
Below is a listing of significant amendments to the international
regulations that we are not adopting in this final rule with a brief
explanation of why the amendment was not included:
Environmentally hazardous substances. The UN
Recommendations include new defining criteria for environmentally
hazardous substances. The UN criteria have not yet been adopted by ICAO
and IMO. We will consider these changes in a separate rulemaking
proceeding.
Hazardous materials security. Like the HMR, the UN
Recommendations require carriers, consignors and others engaged in the
transport of ``high consequence'' dangerous goods to adopt, implement
and comply with a security plan that addresses the transportation risks
associated with these materials. A major difference between the HMR and
the UN Recommendations is the quantity of hazardous material that
triggers the requirement for a security plan. On September 21, 2006,
PHMSA published an advance notice of proposed rulemaking (71 FR 55156)
to consider revisions to the list of hazardous materials that triggers
security plan requirements under the HMR. We will consider whether the
HMR list should be harmonized with the UN Recommendations list as part
of this initiative.
Requirements for radioactive materials. We are not
adopting provisions pertaining to the transportation of Class 7
(radioactive) materials. Amendments to requirements pertaining to the
transportation of Class 7 materials are based on changes contained in
the International Atomic Energy Agency (IAEA) publication, ``IAEA
Safety Standards Series: Regulations for the Safe Transport of
Radioactive Materials.'' Due to their complexity, these changes will be
addressed in a separate rulemaking.
Default classification system for fireworks. We are not
adopting these provisions of the UN Recommendations because we do not
believe the UN classification system provides an equivalent level of
safety to the current HMR requirements. Under the HMR, fireworks must
be classed and approved by the Associate Administrator for Hazardous
Materials Safety; the approvals are based on American Pyrotechnic
Association Standard 87-1.
Fuel cells. We are not adopting provisions for the
carriage of fuel cell cartridges in the passenger cabin of a passenger
aircraft that were adopted by ICAO. Also, we are not adopting the
packaging provisions for the transport of ``Hydrogen in a metal hydride
storage system,'' (UN3468), as adopted by ICAO. Currently, the HMR
allow
[[Page 78598]]
transportation of these storage systems by motor vehicle and rail under
the terms of a special permit and by motor vehicle, rail, cargo vessel
and cargo aircraft with approval of the Associate Administrator. These
issues will be considered in a separate rulemaking proceeding.
Marking of Limited Quantity shipments. The ICAO Technical
Instructions include a marking requirement for packages containing a
limited quantity of hazardous material. The mark consists of the
identification number of the material placed within a square-on-point
border. The marking is anticipated to become effective January 1, 2009.
Except for transportation by aircraft, this marking is currently
authorized under the HMR as an alternative to marking the proper
shipping name on the package; we are allowing continued use of this
marking to minimize transportation costs and provide flexibility.
III. Section-by-Section Review
Part 171
Section 171.7
Section 171.7 lists the standards incorporated by reference into
the HMR. We are updating the incorporation by reference materials for
the ICAO Technical Instructions, the IMDG Code, the UN Recommendations
and the UN Manual of Tests and Criteria. The updated editions of these
standards become effective January 1, 2007. We did not receive comments
opposing these incorporations by reference; therefore the standards are
updated as follows:
The ICAO Technical Instructions, 2007-2008 Edition.
The IMDG Code, Amendment 33-06.
The UN Recommendations, Fourteenth revised edition.
The UN Manual of Tests and Criteria, Fourth revised
edition (2003), and Addendum 2 (2004).
Section 171.14
This section lists specific transition periods for certain
provisions adopted into the HMR. Comments pertaining to transition
periods are discussed below.
Paragraph (b) lists transitional provisions related to revised
placarding requirements. In this final rule, we are removing paragraph
(b) because the transition period has expired.
Paragraph (d) of this section specifies transitional provisions for
previously adopted amendments intended to harmonize the HMR with
international standards. We are revising this paragraph to provide
specific transitional provisions for certain amendments in this final
rule. The effective date of this final rule is January 1, 2007, and the
mandatory compliance date is January 1, 2008. We are permitting
voluntary compliance as of January 1, 2007, to correspond with the
effective implementation dates of the 2007-2008 ICAO Technical
Instructions and Amendment 33-06 of the IMDG Code. This authorization
allows shippers to prepare their international shipments in accordance
with international standards that will become effective on January 1,
2007.
Paragraph (e) of this section contains an outdated transitional
provision. In this final rule, we are replacing the outdated
transitional provision with a new paragraph (e) that permits use for
domestic shipments of the shipping description sequences in effect on
December 31, 2006, until January 1, 2013. See the Sec. 172.202
preamble discussion for a complete explanation of the shipping
description sequence issue.
Paragraph (f) of this section contains an outdated transitional
provision. We are revising paragraph (f) by removing the current
provision and adding a transitional provision to allow continued
display of Division 5.2 labels and placards conforming to the
specifications in effect on December 31, 2006, until January 1, 2014
for transportation by highway and until January 1, 2011 for
transportation by rail, vessel or aircraft. See the Sec. Sec. 172.407,
172.427 and 172.552 preamble discussions for a complete explanation of
this issue.
In new paragraph (g), we are allowing continued use of the Class 3
and Division 6.1 classification criteria and packing group assignments
in effect on December 31, 2006, until January 1, 2012. See Sec. Sec.
173.120 and 174.133 preamble discussions for a complete explanation of
this issue.
Part 172
Section 172.101
Section 172.101 contains the Hazardous Materials Table (HMT) and
explanations for each of the columns in the HMT. Paragraph (d) of this
section addresses column 3 of the HMT containing the hazard class or
division for each specific material listed in the HMT. Paragraph (d)(4)
addresses entries classed as combustible liquids. In the NPRM, we
proposed to revise paragraph (d)(4) to revise the lower limit for
classing a material as a combustible liquid from 60.5 [deg]C (141
[deg]F) to 60 [deg]C (140 [deg]F). This is consistent with recent
changes to the classification of flammable liquids based on the
adoption of the GHS within the UN Recommendations. We did not receive
comments opposing this proposal; therefore, it is adopted in this final
rule.
The Sec. 172.101 Hazardous Materials Table (HMT)
In this final rule, we are making various amendments to the Sec.
172.101 Hazardous Materials Table (HMT). Readers should review all
changes for a complete understanding of the Table amendments. For
purposes of the Government Printing Office's typesetting procedures,
changes to the HMT appear under three sections of the Table,
``remove,'' ``add'' and ``revise.'' Certain entries in the HMT, such as
those with revisions to the proper shipping names, will appear as a
``remove'' and ``add.'' We did not receive comments opposing the
changes to the HMT proposed in the NPRM. Therefore, in this final rule
we are adopting the following amendments to the HMT for the purpose of
harmonizing with international standards:
1. We are correcting Column (7) Special provisions of the HMT by
removing Special Provision 101 which requires the name of the
particular substance or article to be specified. With the introduction
of the letter ``G'' for these materials in Column (1), requiring the
n.o.s. and generic proper shipping names to be supplemented with the
technical name of the hazardous material, Special Provision 101 becomes
obsolete and duplicative. The affected entries are as follows:
UN0349 Articles, explosive, n.o.s.
UN0350 Articles, explosive, n.o.s.
UN0351 Articles, explosive, n.o.s.
UN0352 Articles, explosive, n.o.s.
UN0353 Articles, explosive, n.o.s.
UN0354 Articles, explosive, n.o.s.
UN0355 Articles, explosive, n.o.s.
UN0356 Articles, explosive, n.o.s.
UN0462 Articles, explosive, n.o.s.
UN0463 Articles, explosive, n.o.s.
UN0464 Articles, explosive, n.o.s.
UN0465 Articles, explosive, n.o.s.
UN0466 Articles, explosive, n.o.s.
UN0467 Articles, explosive, n.o.s.
UN0468 Articles, explosive, n.o.s.
UN0469 Articles, explosive, n.o.s.
UN0470 Articles, explosive, n.o.s.
UN0471 Articles, explosive, n.o.s.
UN0472 Articles, explosive, n.o.s.
UN0382 Components, explosive train, n.o.s.
UN0383 Components, explosive train, n.o.s.
UN0384 Components, explosive train, n.o.s.
UN0461 Components, explosive train, n.o.s.
UN0357 Substances, explosive, n.o.s.
UN0358 Substances, explosive, n.o.s.
UN0359 Substances, explosive, n.o.s.
UN0473 Substances, explosive, n.o.s.
UN0474 Substances, explosive, n.o.s.
UN0475 Substances, explosive, n.o.s.
UN0476 Substances, explosive, n.o.s.
UN0477 Substances, explosive, n.o.s.
[[Page 78599]]
UN0478 Substances, explosive, n.o.s.
UN0479 Substances, explosive, n.o.s.
UN0480 Substances, explosive, n.o.s.
UN0481 Substances, explosive, n.o.s.
UN0485 Substances, explosive, n.o.s.
UN0482 Substances, explosive, very insensitive, n.o.s. or
Substances, EVI, n.o.s.
2. Amendment 32 of the IMDG Code added a new segregation group for
alkalis. For consistency with international regulations and in response
to a petition from Horizon Lines (P-1470), we are revising the Vessel
stowage provisions in Column (10B) by adding Segregation Code ``52''
(Stow ``Separated from'' acids) to certain entries. The affected
entries are as follows:
UN2733 Amines, flammable, corrosive, n.o.s. or Polyamines,
flammable, corrosive, n.o.s.
UN2671 Aminopyridines (o-; m-; p-)
UN1005 Ammonia, anhydrous
UN3318 Ammonia solution, relative density less than 0.880 at 15
degrees C in water, with more than 50 percent ammonia
UN2672 Ammonia solutions, relative density between 0.880 and 0.957
at 15 degrees C in water, with more than 10 percent but not more
than 35 percent ammonia
UN2073 Ammonia solutions, relative density less than 0.880 at 15
degrees C in water, with more than 35 percent but not more than 50
percent ammonia
UN3028 Batteries, dry, containing potassium hydroxide solid,
electric, storage
UN2795 Batteries, wet, filled with alkali, electric storage
UN2797 Battery fluid, alkali
UN2682 Caesium hydroxide
UN2681 Caesium hydroxide solution
UN1719 Caustic alkali liquids, n.o.s.
UN1160 Dimethylamine solution
UN2379 1, 3-Dimethylbutylamine
UN2382 Dimethylhydrazine, symmetrical
UN1163 Dimethylhydrazine, unsymmetrical
UN3253 Disodium trioxosilicate
UN2491 Ethanolamine or Ethanolamine solutions
UN2270 Ethylamine, aqueous solution with not less than 50 percent
but not more than 70 percent ethylamine
UN1604 Ethylenediamine
UN2386 1-Ethylpiperidine
UN2029 Hydrazine, anhydrous
UN3293 Hydrazine, aqueous solution, with not more than 37 percent
hydrazine, by mass
UN2030 Hydrazine, aqueous solution, with more than 37 percent
hydrazine, by mass
UN2680 Lithium hydroxide
UN2679 Lithium hydroxide, solution
UN1235 Methylamine, aqueous solution
UN1244 Methylhydrazine
UN2399 1-Methylpiperidine
UN1813 Potassium hydroxide, solid
UN1814 Potassium hydroxide, solution
UN2033 Potassium monoxide
UN1922 Pyrrolidine
UN2678 Rubidium hydroxide
UN2677 Rubidium hydroxide solution
UN1907 Soda lime with more than 4 percent sodium hydroxide
UN1819 Sodium aluminate, solution
UN2318 Sodium hydrosulfide, with less than 25 percent water of
crystallization
UN1823 Sodium hydroxide, solid
UN1824 Sodium hydroxide solution
UN1825 Sodium monoxide
UN1849 Sodium sulfide, hydrated with not less than 30 percent water
UN2320 Tetraethylenepentamine
UN3073 Vinylpyridines, stabilized
3. The entry ``Aerosols, non-flammable, (each not exceeding 1 L
capacity),'' UN1950, is revised by adding vessel storage location code
``A'' in Column (10A). This code was inadvertently removed in a final
rule published September 23, 2005 under Docket HM-189Y (70 FR 56084).
4. The entry ``Antimony trichloride, solid,'' UN1733, PG II, is
revised by adding Special Provisions T3 and TP33. Special Provision T3
specifies the applicable minimum test pressure, the minimum shell
thickness, bottom opening requirements and pressure relief requirements
when transporting this material in a UN portable tank. Special
Provision TP33 specifies requirements applicable to the transportation
of this material in IM and UN Specification portable tanks.
5. The entry, ``Articles, explosive, extremely insensitive or
Articles, EEI,'' UN0486, is revised by removing Special Provision 101
which requires the name of the particular substance or article to be
specified.
6. The entry ``Benzyl bromide,'' UN1737, PG II, is revised by
removing the reference to Sec. 173.153 ``Exceptions for Division 6.1
(poisonous materials)'' in Column (8A).
7. The entry ``Benzyl chloride,'' UN1738, PG II, is revised by
removing the reference to Sec. 173.153 ``Exceptions for Division 6.1
(poisonous materials)'' in Column (8A).
7a. The entry ``Calcium hypochlorite, hydrated or Calcium
hypochlorite, hydrated mixtures,'' UN2880, PG II, is revised by
removing Special Provision 166.
8. In accordance with changes in the Fourteenth revised edition of
the UN Recommendations, we are removing the following entries:
--``Carbon dioxide and nitrous oxide mixtures,'' UN1015;
--``Carbon dioxide and oxygen mixtures, compressed,'' UN1014; and
--``Carbon monoxide and hydrogen mixture, compressed,'' UN2600.
9. The entry, ``Charges, shaped, flexible, linear,'' UN0288, is
revised by removing Special Provision 101, which requires the name of
the particular substance or article to be specified.
10. The entry ``Chlorosilanes, corrosive, n.o.s.,'' UN2987, PG II,
is revised by removing the reference to Sec. 173.154 ``Exceptions for
Class 8 (corrosive materials)'' in Column (8A).
11. The entry ``Chlorosilanes, flammable, corrosive, n.o.s.,''
UN2985, PG II, is revised by removing the reference to Sec. 173.150
``Exceptions for Class 3 (flammable) and combustible liquids'' in
Column (8A).
12. The entry ``Chlorosilanes, toxic, corrosive, n.o.s.,'' UN3361,
PG II, is revised by removing the reference to Sec. 173.153
``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A).
13. The entry ``Chlorosilanes, toxic, corrosive, flammable,
n.o.s.,'' UN3362, PG II, is revised by removing the reference to Sec.
173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column
(8A).
14. The entry ``Chromium trioxide, anhydrous,'' UN1463, Column (6)
is revised by adding the Division 6.1 subsidiary hazard labeling
requirement.
15. The entry ``Compressed gas, n.o.s.,'' UN1956, is revised by
adding Special Provision 77. Special Provision 77 requires, for
domestic transportation, a Division 5.1 subsidiary risk label when a
carbon dioxide and oxygen mixture contains more than 23.5% oxygen.
16. The entry, ``Contrivances, water-activated, with burster,
expelling charge or propelling charge,'' UN0248, is revised by removing
Special Provision 101, which requires the name of the particular
substance or article to be specified. In addition, the letter ``G'' is
added to Column (1), requiring the proper shipping name to be
supplemented with the technical name of the hazardous material.
17. The entry, ``Contrivances, water-activated, with burster,
expelling charge or propelling charge,'' UN0249, is revised by removing
Special Provision 101, which requires the name of the particular
substance or article to be specified. In addition, the letter ``G'' is
added to Column (1), requiring the proper shipping name to be
supplemented with the technical name of the hazardous material.
18. The entry ``Corrosive liquid, acidic, inorganic, n.o.s.,''
UN3264, PG II, is revised by removing Special Provision A6. Special
Provision A6 specifies that for combination packagings, if plastic
inner packagings are used, they must be packed in tightly closed metal
receptacles before packing in outer packagings. Special Provision A6
applies only to the PG I entry of this material.
19. The proper shipping name for the entry ``Crotonaldehyde,
stabilized,''
[[Page 78600]]
UN1143, is revised to read ``Crotonaldehyde or Crotonaldehyde,
stabilized'' and to add new Special Provision 175. New Special
Provision 175 specifies this material is required to be stabilized when
in concentrations of not more than 99%. The revision appears as a
``Remove/Add'' in this rulemaking.
20. The proper shipping name for the entry ``Crotonic acid,
liquid,'' UN2823, is corrected to read ``Crotonic acid, liquid'' and
the Identification Number is revised to read ``UN3472.'' This revision
appears as a ``Remove/Add'' in this rulemaking.
21. The proper shipping name for the entry ``Crotonic acid,
solid,'' UN2823, is corrected to read ``Crotonic acid, solid,'' UN2823.
This correction appears as a ``Remove/Add'' in this rulemaking.
22. In accordance with the ICAO Technical Instructions, the entry
``Dangerous Goods in Machinery or Dangerous Goods in Apparatus,''
UN3363, is revised by adding quantity limits for transportation by
aircraft. The quantity limits are specified in new Special Provision
A105.
23. The entry ``Ethyltrichlorosilane,'' UN1196, PG II, is revised
by removing the reference to Sec. 173.150 ``Exceptions for Class 3
(flammable) and combustible liquids'' in Column (8A).
24. The entry ``Formic acid,'' UN1779, is revised to read ``Formic
acid with more than 85% acid by mass,'' and the Class 3 subsidiary
hazard is added in Column (6). This revision appears as a ``Remove/
Add'' in this rulemaking.
25. A new entry, ``Formic acid with not less than 10% but not more
than 85% acid by mass,'' UN3412, is added.
26. A new entry, ``Formic acid with not less than 5% but less than
10% acid by mass,'' UN3412, is added.
27. A new entry, ``Fuel cell cartridges containing flammable
liquids,'' UN3473, is added.
28. The entry ``Hydrazine aqueous solutions, with more than 37%
hydrazine, by mass,'' UN2030, PG I, is revised by removing Special
Provision 151. Special Provision 151 specifies that if this material
meets the definition of a flammable liquid in Sec. 173.120 of the HMR,
a FLAMMABLE LIQUID label is required and the basic description on the
shipping paper must indicate the Class 3 subsidiary hazard. Changes to
the Fourteenth revised edition of the UN Recommendations removed this
requirement. Shipping paper and labeling requirements for materials
with subsidiary hazards are addressed in Sec. Sec. 172.202 and
172.402, respectively.
28a. The entry ``Hydrogen in a metal hydride storage system,''
UN3468, is revised by amending Column (9B) to authorize 100 kg gross.
29. The entry ``Hydrogen peroxide and peroxyacetic acid mixtures,
stabilized with acids, water, and not more than 5 percent peroxyacetic
acid,'' UN3149, is revised by adding Special Provision IP5. When this
material is transported in an IBC, Special Provision IP5 specifies the
IBC must have a device to allow venting.
30. The entry ``Hydrogen peroxide, aqueous solutions with more than
40 percent but not more than 60 percent hydrogen peroxide (stabilized
as necessary),'' UN2014, is revised by adding Special Provision IP5.
When this material is transported in an IBC, Special Provision IP5
specifies the IBC must have a device to allow venting.
31. The entry ``Hydrogen peroxide, aqueous solutions with not less
than 20 percent but not more than 40 percent hydrogen peroxide
(stabilized as necessary),'' UN2014, is revised by adding Special
Provision IP5. When this material is transported in an IBC, Special
Provision IP5 specifies the IBC must have a device to allow venting.
32. The entry ``Hydrogen peroxide, aqueous solutions with not less
than 8 percent but less than 20 percent hydrogen peroxide (stabilized
as necessary),'' UN2984, is revised by adding Special Provision IP5.
When this material is transported in an IBC, Special Provision IP5
specifies the IBC must have a device to allow venting.
33. The entry ``Hydrogen peroxide, stabilized or Hydrogen peroxide
aqueous solutions, stabilized with more than 60 percent hydrogen
peroxide,'' UN2015, is revised by removing Special Provision T10 and
adding Special Provision T9. When this material is transported in a UN
portable tank, Special Provision T10 requires the UN portable tank
pressure relief device to comply with the requirements specified in
Sec. 178.275(g)(3) of the HMR. The addition of Special Provision T9
removes this requirement.
34. For the entry ``Hydrogen-difluorides, n.o.s.,'' UN1740, PG II
and III, the proper shipping name is revised to read
``Hydrogendifluorides, solid, n.o.s.'' This revision appears as a
``Remove/Add'' in this rulemaking.
35. A new entry ``Hydrogendifluorides, solution, n.o.s.,'' UN3471,
PG II and III, is added.
36. The entry ``Hydroquinone, solid,'' UN2662, is removed.
37. The entry ``Hydroquinone solution,'' UN3435, is removed.
38. The entry ``Hypochlorite solutions,'' UN1791, PG II, is revised
by adding Special Provision IP5. When this material is transported in
an IBC, Special Provision IP5 specifies the IBC must have a device to
allow venting.
39. For the entry ``Lead phosphite, dibasic,'' UN2989, PG II, the
quantity limitations in Columns (9A) and (9B) are revised to read 15 kg
and 50 kg, respectively.
40. For the entry ``Lead phosphite, dibasic,'' UN2989, PG III, the
quantity limitations in Columns (9A) and (9B) are revised to read 25 kg
and 100 kg, respectively.
41. The entry ``Methylphenyl dichlorosilane,'' UN2437, PG II, is
revised by removing the reference to Sec. 173.154 ``Exceptions for
Class 8 (corrosive materials)'' in Column (8A).
42. The entry ``Motor fuel anti-knock mixtures,'' UN1649, is
corrected by removing the subsidiary hazard label requirement in Column
(6).
42a. A new entry ``Nitric acid other than red fuming, with not more
than 20 percent nitric acid,'' UN2031, PG II, is added.
42b. The entry ``Organoarsenic compound, liquid, n.o.s.,'' UN3280,
PG I, II, and III, is corrected by inserting the symbol ``G'' in Column
(1).
43. The entry ``Organometallic substance, solid, pyrophoric,''
UN3391, PG I, is revised by correcting the Column (8B) Non-bulk
packaging entry ``181'' to read ``187.''
44. The entry ``Organometallic substance, solid, pyrophoric, water-
reactive,'' UN3393, PG I, is revised by correcting the Column (8B) Non-
bulk packaging entry ``181'' to read ``187.''
45. A new entry, ``Paint, corrosive, flammable (including paint,
lacquer, enamel, stain, shellac, varnish, polish, liquid filler and
liquid lacquer base),'' UN3470, PG II, is added.
46. A new entry ``Paint, flammable, corrosive (including paint,
lacquer, enamel, stain, shellac, varnish, polish, liquid filler and
liquid lacquer base),'' UN3469, PG I, II, and III, is added.
47. The entry ``Paint including paint, lacquer, enamel, stain,
shellac solutions, varnish, polish, liquid filler and liquid lacquer
base,'' UN1263, is revised by adding the following Special Provisions
to the PG I, II, and III entries, respectively:
--TP27 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 4 bar (400 kPa) may be used provided the calculated test
pressure is 4 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
[[Page 78601]]
--TP28 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 2.65 bar (265 kPa) may be used provided the calculated test
pressure is 2.65 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
--TP29 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 1.5 bar (150.0 kPa) may be used provided the calculated
test pressure is 1.5 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
48. The entry ``Paint or Paint related materials,'' UN3066, is
revised by adding the following Special Provisions to the PG II and III
entries, respectively:
--TP28 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 2.65 bar (265 kPa) may be used provided the calculated test
pressure is 2.65 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
--TP29 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 1.5 bar (150.0 kPa) may be used provided the calculated
test pressure is 1.5 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
49. A new entry, ``Paint related material, corrosive, flammable
(including paint thinning or reducing compound),'' UN3470, PG II, is
added.
50. A new entry, ``Paint related material, flammable, corrosive
(including paint thinning or reducing compound),'' UN3469, PG I, II,
and III is added.
51. The entry ``Paint related material including paint thinning,
drying, removing, or reducing compound,'' UN1263, is revised by adding
the following Special Provisions to the PG I, II, and III entries,
respectively:
--TP27 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 4 bar (400 kPa) may be used provided the calculated test
pressure is 4 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
--TP28 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 2.65 bar (265 kPa) may be used provided the calculated test
pressure is 2.65 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
--TP29 to specify that when this material is transported in an IM or UN
Specification portable tank, a portable tank having a minimum test
pressure of 1.5 bar (150.0 kPa) may be used provided the calculated
test pressure is 1.5 bar or less based on the maximum allowable working
pressure of the material, as defined in Sec. 178.275 of the HMR, where
the test pressure is 1.5 times the maximum allowable working pressure.
52. The entry ``Plastic molding compound in dough, sheet or
extruded rope form evolving flammable vapor, UN3314, PG III, is revised
by removing Vessel stowage location A and adding location E in Column
(10A), and by removing Vessel stowage provision 85 and adding Vessel
stowage provisions 19, 21, 25 and new Vessel stowage provision 144 in
Column (10B).
53. The entry ``Polymeric beads, expandable, evolving flammable
vapor, UN2211, PG III, is revised by removing stowage location A and
adding location E in Column (10A), and by removing Vessel stowage
provision 85 and adding Vessel stowage provisions 19, 21, 25 and new
Vessel stowage provision 144 in Column (10B).
54. For the entry ``Propionic acid,'' UN1848, the proper shipping
name is revised to read, ``Propionic acid with not less than 10% and
less than 90% acid by mass.'' This revision appears as a ``Remove/Add''
in this rulemaking.
55. A new entry, ``Propionic acid with not less than 90% acid by
mass,'' UN3463, is added.
56. The entry ``Rare gases mixtures, compressed,'' UN1979, is
removed.
57. The entry ``Rare gases and oxygen mixtures, compressed,''
UN1980, is removed.
58. The entry ``Rare gases and nitrogen mixtures, compressed,''
UN1981, is removed.
59. The proper shipping name ``Regulated medical waste,'' UN3291,
is removed and a new proper shipping name ``Regulated medical waste,
n.o.s. or Clinical waste unspecified, n.o.s. or (BIO) Medical waste,
n.o.s.,'' UN3291, is added in its place.
60. For the international entry for ``Sulfur,'' UN1350, the
quantity limitations in Columns (9A) and (9B) are revised to read 25 kg
and 100 kg, respectively.
61. The entry ``Trimethylchloro-silane,'' UN1298, PG II, is revised
by removing the reference to Sec. 173.150 ``Exceptions for Class 3
(flammable) and combustible liquids'' in Column (8A).
Also, see Sec. 172.102 for additional HMT amendments.
Appendix B to Sec. 172.101
Appendix B to Sec. 172.101 lists Marine Pollutants regulated
under the HMR. For the entry ``Copper chloride'' we are adding the
designation ``PP'' to indicate that copper chloride is a severe
marine pollutant. We are also correcting an oversight by removing
the entries ``Alcohol C-13--C-15 poly (1-6) ethoxylate'' and ``1,2-
Dichlorobenzene.'' Removal of the entry ``Alcohol C-13--C-15 poly
(1-6) ethoxylate'' was overlooked in a final rule published December
20, 2004 under Docket HM-215G (69 FR 76044) and removal of the entry
``1,2-Dichlorobenzene'' was overlooked in a final rule published
June 21, 2001 under Docket HM-215D (66 FR 33316).
Section 172.102
Section 172.102 lists a number of special provisions applicable to
the transportation of specific hazardous materials. Special provisions
contain packaging provisions, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. We did not
receive comments opposing the revisions proposed in the NPRM;
therefore, in this final rule for consistency with international
standards, we are amending Sec. 172.102 Special provisions, as
follows:
Special Provision 15 specifies the types of materials and
packaging requirements for chemical kits and first aid kits. We are
revising Special Provision 15 to list examples that may be described as
``Chemical kits'' and ``First aid kits.''
Special Provision 47 specifies requirements for mixtures
of non-hazardous solids and flammable liquids. In accordance with the
UN Recommendations, Special Provision 47 is revised to specify that, in
addition to sealed packets, articles containing less than 10 mL of a
Class 3 Packing Group
[[Page 78602]]
II or III liquid absorbed into a solid material are excepted from the
HMR provided there is no free liquid in the packet or article.
Special Provision 77 applies to use of the Division 5.1
subsidiary risk label. We are revising this special provision for
consistency with the wording in the UN Recommendations. As a result,
Special Provision 77 will no longer apply only to ``domestic
transportation.'' Further, we are clarifying that a Division 5.1 label
is not required for mixtures containing not more than 23.5% oxygen by
volume. Also, the provision is assigned to the entry ``Compressed gas,
n.o.s.,'' UN1956, which is the most appropriate description for
mixtures currently described as ``Carbon dioxide and oxygen mixtures,
compressed.'' In this final rule, we are removing the entry for
``Carbon dioxide and oxygen mixtures, compressed.''
Special Provision 146 is amended to authorize the domestic
classification of a material as environmentally hazardous if it is
designated as such by a foreign competent authority. The provision as
currently worded only allows such classification for international
shipments. Due to current differences in criteria for the
classification of environmentally substances world-wide, we believe the
amended provision will afford additional flexibility to industry and
reduce shipping costs by allowing both domestic and international
shipments to be treated identically. Although generally the HMR do not
authorize materials not meeting the definition of a hazardous material
to be transported as regulated materials, due to the low risk posed by
these materials, and the fact that the HMR already authorize domestic
movement in association with international air and vessel transport, we
believe this change will not result in a significant impact other than
to lower costs for our stakeholders.
Special Provision 147 applies to non-sensitized emulsions,
suspensions and gels consisting primarily of a mixture of ammonium
nitrate and fuel, intended to produce a Type E blasting explosive only
after further processing prior to use. In accordance with the UN
Recommendations, this special provision is revised to specify the
composition of mixtures for suspensions and gels and to specify these
substances be tested in accordance with Test Series 8 of the UN Manual
of Tests and Criteria.
Special Provision 166 authorizes non-friable, tablet form
calcium hypochlorite, dry or hydrated, to be transported as a Packing
Group III material. In accordance with the UN Recommendations, we are
revising Special Provision 166 to remove the authorization for
``hydrated'' non-friable tablet forms of calcium hypochlorite to be
transported as a PG III material.
A new Special Provision 175 is added to require
stabilization for certain substances when transported in concentrations
of not more than 99%.
Special Provision 101 is removed. This special provision
required the name of the particular substance or article to be
specified. With the introduction of the letter ``G'' in Column (1),
which requires the n.o.s. and generic proper shipping names to be
supplemented with the technical name of the hazardous material, Special
Provision 101 became obsolete.
A new Special Provision A105 is added to specify the
quantity of hazardous materials allowed in equipment or apparatus.
Section 172.202
Shipping Description Sequence
Section 172.202 establishes requirements for shipping descriptions
on shipping papers. Currently, the basic description of a hazardous
material consists of the proper shipping name, hazard class, ID number
and packing group, in that order. The HMR also authorize an alternative
description sequence, which lists the identification number first,
followed by the proper shipping name, hazard class, and packing group.
Beginning January 1, 2007, the alternative shipping description
sequence will be mandatory on shipping documents prepared in accordance
with the ICAO Technical Instructions and the IMDG Code. In the NPRM, we
proposed to adopt the current, alternative shipping description
sequence as the mandatory basic description of a hazardous material on
a shipping paper. We also proposed a two-year transition period to
allow offerors adequate time to convert to the new shipping description
sequence.
A total of 19 commenters addressed this proposal. Eight commenters
[NPCA, AP&C, ATA, GPS, LabCorp, NTTC, UPS, and VHOMA] support the
proposal. NPCA notes that many of its members have already implemented
this change to simplify internal shipping processes.
Eleven commenters [Adamo; AllChem; Botteri; Eisenhofer; ISSA, J&S;
NACD; NATC; RST; and two unidentified commenters] oppose this proposal,
suggesting that the change is not necessary, lacks an economic
justification, and will have a negative impact on safety. These
commenters note that, because the current regulations allow the
international sequence as an alternative, the proposed change merely
removes the existing sequence with no positive safety rationale. These
commenters further assert that the proposed change could result in
significant cost impacts to companies that utilize computer systems for
the preparation of shipping documents and to track associated packaging
and training requirements. According to these commenters, potential
costs could include database reorganization, employee training, and
related revisions to product labels that also include shipping
information. Commenters suggest that costs could also result from
confusion on the part of enforcement and inspection personnel that
could lengthen inspections and delay shipments. These commenters are
also concerned that the proposed revision could have a negative impact
on safety because it could result in confusion for emergency response
personnel, most of whom are volunteers and receive limited training.
Commenters note that confusing emergency response information could
expose emergency responders to unnecessary danger.
PHMSA does not believe this proposal is unnecessary or will
adversely impact transportation safety. A uniform system for describing
and identifying hazardous materials on shipping papers, as proposed in
this NPRM, will increase safety by helping to eliminate potential
indecision and confusion during emergency situations. For example, when
incidents occur during transportation, it is crucial to promptly
identify packages of hazardous materials present in a given shipment.
Emergency responders at the scene of an incident would use a standard
description of hazardous materials on shipping papers to quickly
determine that they have accounted for all hazardous materials in both
domestically- and internationally-bound packages. In addition,
following the release of a hazardous material, it is vital for
emergency responders to quickly identify the hazardous materials to
facilitate their emergency response decision-making. A standardized
shipping description for both domestic and international shipments will
aid in this process and will lead to a potential reduction in the loss
of life and property.
PHMSA analyzes potential cost impacts of proposed regulations on
the regulated community. Our justification regarding this proposal in
the Regulatory Evaluation is located under the Docket Management System
(http://dms.dot.gov). In the Regulatory
[[Page 78603]]
Evaluation, we determined that this NPRM, including this specific
proposal, should result in cost savings by easing the regulatory
compliance burden for shippers and carriers engaged in international
commerce, including trans-border shipments within North America. In
addition, shippers and carriers will not need to revise shipping papers
to address differing domestic and international requirements for
shipping descriptions. We acknowledge the proposal to require one basic
description of a hazardous material on a shipping paper will
necessitate additional training and software revisions. However, to
allow for the training of hazmat employees and to ease the minimal
burden on entities affected by the adoption of the proposed amendments,
we are authorizing an extended transition period. An extended
transition period will allow businesses to incorporate this requirement
into their training material for both new and current hazardous
materials employees, and to upgrade system software over the course of
normal computer upgrades and revisions with a minimal economic impact.
The NPRM proposed a two-year transition period to allow shippers
sufficient time to convert to the new shipping description sequence.
Three commenters [NTTC, ATA, and VOHMA] suggest the proposed transition
period is unnecessary and recommend a one-year transition. These
commenters state that the industry is able to alter current software
systems and deplete pre-printed shipping paper inventory within a
relatively short time period. VOHMA asserts lengthy transition periods
create confusion and increased training burdens. Six commenters [ATA;
GPS; LabCorp; NTTC; UPS; VOHMA] state that the proposed transition
period is too short, recommending up to six years to permit shippers to
convert to the new sequence. These commenters suggest a longer
transition period would allow the new shipping sequence to be
incorporated into responder training programs and the next revision of
the Emergency Response Guidebook (ERG). The ERG lists hazardous
materials in numerical order of ID number and in alphabetical order of
material name.
We understand commenters' concerns regarding the length of the
transition period for this proposal. However, it is our intention to
specify a uniform method to describe a hazardous material on a shipping
paper in order to promote the universal recognition of hazardous
materials, while allowing sufficient time for affected parties to
properly train personnel, reconfigure internal computer systems, and
deplete existing stock. We do not believe a time period less than six
years would allow businesses to adequately accomplish these objectives.
Moreover, a six-year transition period would allow for the
incorporation of this requirement into the initial and recurrent
training cycle for hazardous materials employees and emergency
responders.
Therefore, for the reasons described above, in this final rule, we
are adopting the requirement that the shipping description of a
hazardous material be indicated on a shipping paper in the following
manner: Identification (ID) number listed first, followed by the proper
shipping name, hazard class, and packing group. In addition, we are
authorizing a six-year transition period to implement this requirement.
Quantity Limitations
The description of a hazardous material on a shipping paper must
include the total quantity of hazardous material (by mass or volume)
covered by the description (see Sec. 172.202(a)(5)). The majority of
quantity limitations set forth for transportation by aircraft, in
Columns (9A) and (9B), are ``net'' quantities. Section 175.75 limits
the quantity of hazardous materials, expressed in net mass, aboard an
aircraft. To facilitate compliance with the aircraft operator's
requirements, in the NPRM we proposed that, for transportation by
aircraft, the total quantity per package be shown, expressed as net
mass, except as otherwise specified. For example:
UN1263, Paint, 3, PG II, 5 fiberboard boxes x 5 L each
As proposed, different size packages containing different
quantities of the same hazardous material must be clearly identified.
For example:
UN1263, Paint, 3, PG II, 5 fiberboard boxes x 5 L, 6 fiberboard
boxes x 10 L
As proposed, where the letter ``G'' follows the quantity in Column
(9A) or (9B), the gross mass rather than the net quantity must be
indicated.
A commenter [DGAC] opposes the proposal to require the quantity of
a hazardous materials shipment by aircraft to be expressed as a net
quantity per package. The commenter questions the safety benefit of
adopting the requirement and states that the costs to industry
associated with the change, such as computer software upgrades, may be
substantial. The commenter did not provide data to support this
argument. We disagree that there is no safety benefit in expressing the
quantity of hazardous material in terms of ``net quantity'' for air
shipments. Quantity limitations aboard aircraft, as prescribed in Sec.
175.75, are specified in the HMR as net quantities; thus, an indication
of the net quantity per package on shipping papers facilitates load
planning and compliance. We do not believe the cost of indicating net
quantity rather than total quantity, as previously required, is
increased substantially. Therefore, in this final rule, we are adopting
the amendment as proposed.
In the NPRM, we also proposed the following additional
requirements:
--For empty uncleaned packaging, only the number and type of packaging
must be shown;
--For chemical kits and first aid kits, the total net mass of hazardous
materials must be shown. Where a kit contains solids and/or liquids,
the net mass of liquids within the kit is to be calculated on a 1 to 1
basis, i.e., 1 liter equals 1 kilogram;
--For dangerous goods in machinery or apparatus, the individual total
quantities of dangerous goods in solid, liquid or gaseous state,
contained in the article must be shown;
--For dangerous goods transported in a salvage packaging, an estimate
of the quantity of dangerous goods per package must be shown;
--For cylinders, the total quantity may be indicated by the number of
cylinders, for example, ``10 cylinders;''
--For items where ``No Limit'' is shown in Column (9A) or (9B) of the
HMT, the quantity shown should be the net mass or volume of the
material, except for UN2800, UN2807, UN3072, UN3166 and UN3173, where
the quantity should be the gross mass of the article.
On the proposal to identify the total quantity of each hazardous
material in machinery or apparatus, a commenter [UPS] states that the
``precision implied in this proposal is unrealistic.'' UPS suggests
that, absent a precise quantity, a shipper should be permitted to
estimate the quantity of hazardous material. We agree and are amending
paragraph (a)(6)(iii) accordingly.
Another commenter [Laude] requests we include net quantity
provisions for Class 7 materials transported by aircraft. Similar
provisions for transportation by other modes are contained in paragraph
(a)(5). We agree with the commenter and are amending paragraph (a)(6)
accordingly.
The same commenter points out that in proposed paragraph (a)(6)(vi)
ID numbers UN2807 and UN3173 do not exist in the HMT; (ID number UN2807
is assigned to ``magnetized material'' in the ICAO Technical
Instructions). We are removing UN2807 and UN3173 in this final rule.
[[Page 78604]]
Section 172.312
Section 172.312 addresses marking requirements for liquid hazardous
materials in non-bulk packagings. Specifically, the packaging must be
marked with orientation arrows to indicate how the package should be
oriented during transportation; the arrows indicate which end of the
package is ``up.'' Currently the HMR require orientation markings only
on a non-bulk combination package with inner packagings that contain a
liquid hazardous material, unless specifically excepted.
We proposed to amend paragraph (a) by requiring orientation
markings on single packagings fitted with vents and on open cryogenic
receptacles intended for the transport of refrigerated liquefied gases.
We received one comment [AP&C] supporting the proposal and, in this
final rule, are adopting the amendment as proposed.
Also, we proposed to require the size of the marking to be
proportioned so that it is clearly visible in relation to the size of
the package, and the color of the arrows to be either black or red on a
suitable contrasting background. One commenter [AP&C] supports the
proposal requiring the size of the marking to be proportionate with the
size of the package. Several commenters [NATC; Botteri; Eisenhofer;
Adamo; NACD; J&S; RST; AllChem; UC1; UC2] question the meaning of the
phrase ``clearly visible'' and suggest we specify the size of the
marking; either by requiring the marking to be at least equal to the
size of the largest package marking or, at a minimum, requiring the
marking to be \1/2\ inch. We agree with commenters that the phrase
``clearly visible'' is vague; however, we disagree with specifying the
size of the orientation marking. The HMR currently require non-bulk
packages containing liquid hazardous materials to be ``legibly marked''
with the orientation marking. Specifying the size of the orientation
marking would be inconsistent with the general marking requirements
(proper shipping name and identification number) for non-bulk
packagings which do not specify the size of the markings. In this final
rule, we are removing the phrase ``clearly visible'' and requiring the
orientation marking to be commensurate with the size of the package.
We also proposed adding a new paragraph (c)(7) to except Class 7
materials in Type A, IP-2, IP-3, Type B(U), or Type B(M) packages from
the orientation marking requirement. We received no comments on this
proposal and are adopting the amendment as proposed.
Sections 172.407 and 172.427
Section 172.407 establishes specifications for package labels.
Section 172.427 establishes requirements for the ORGANIC PEROXIDE
label. In accordance with the UN Recommendations, we proposed to revise
the ORGANIC PEROXIDE label. The revised label would reflect the fact
that organic peroxides are highly flammable and enable transport
workers to readily distinguish peroxides from oxidizers. We also
proposed to authorize labels meeting the specifications in effect on
December 31, 2006, to continue to be displayed until January 1, 2011
(see Sec. 171.14). This would eliminate the current requirement in
Sec. 172.402 for a package containing an organic peroxide to bear a
FLAMMABLE LIQUID subsidiary label in addition to the ORGANIC PEROXIDE
primary hazard class label.
We received no comments opposing the proposal to revise the ORGANIC
PEROXIDE label; therefore, in this final rule we are adopting the
revisions as proposed.
Section 172.552
Section 172.552 establishes specific requirements for the ORGANIC
PEROXIDE placard. In accordance with the UN Recommendations, in
paragraph (b), we proposed to revise the ORGANIC PEROXIDE placard. The
revised placard would reflect the fact that organic peroxides are
highly flammable and enable transport workers to readily distinguish
peroxides from oxidizers. We proposed to authorize placards meeting the
specifications in effect on December 31, 2006, to continue to be
displayed until January 1, 2011 (see Sec. 171.14).
We received one comment [ATA] supporting the revised placard
design; however, ATA disagrees with the length of the proposed
transition period. The ATA requests a seven-year transition period
until January 1, 2014. The ATA states that trucking companies with
large fleets use dual metal flip placards on each side of the trailer.
According to the ATA, trailer fleets are generally refurbished every
seven years. This would allow companies to replace the ORGANIC PEROXIDE
placard at the time of refurbishment. Based on this comment, in this
final rule, we are authorizing ORGANIC PEROXIDE placards meeting the
specifications in effect on December 31, 2006, to continue to be
displayed until January 1, 2014 for transportation by highway and until
January 1, 2011 for transportation by rail, vessel or aircraft.
Part 173
Section 173.9
Section 173.9 sets forth requirements for transporting cargo that
has been fumigated or is undergoing fumigation. Such shipments must
have a FUMIGANT marking. As specified in this section, the FUMIGANT
marking includes an indication of the material used for fumigation and
the date and time the fumigant was applied. Currently, transport
vehicles or freight containers containing fumigated cargoes are not
required to show the date the fumigated transport vehicle or freight
container was ventilated to remove harmful concentrations of fumigant
gas. To minimize the possibility of an individual entering a fumigated
transport vehicle or freight container prematurely, in the NPRM we
proposed to require the FUMIGANT marking to include the date of
ventilation. We also proposed to revise the specifications for the
FUMIGANT marking to allow either red or black marking on a white
background. No commenters opposed these proposals, therefore, we are
adopting them without change in this final rule.
Sections 173.35, 173.120, 173.121, and Appendix H to Part 173
Section 173.35 sets forth requirements for transporting hazardous
materials in intermediate bulk containers (IBCs); Sec. 173.120
establishes classification criteria for flammable liquid (Class 3)
materials; Sec. 173.121 addresses packing group assignments for Class
3 materials; and Appendix H to Part 173 sets forth methods to test a
material to determine its combustibility. In the NPRM, we proposed to
revise all of these sections to reflect the new upper limit of 60
[deg]C (140 [deg]F) for a PG III flammable liquid. This is consistent
with recent changes to the classification of flammable liquids based on
the GHS and adoption into the UN Recommendations. PHMSA also proposed
to authorize a five-year transition period.
A commenter [DGAC] appreciates the length of the proposed
transition period. DGAC urges PHMSA to propose a similar transition
period for the criteria in international regulations. Modifications to
the international standards are outside the scope of this rulemaking.
International shippers should be aware of this disparity and take
appropriate action. In this final rule, we are adopting the amendment
as proposed.
[[Page 78605]]
Section 173.115
The HMR define a Division 2.2 non-flammable gas as any material or
mixture that ``exerts in the packaging an absolute pressure of 280 kPa
(40.6 psia) or greater at 20 [deg]C (68 [deg]F), * * *.'' In paragraph
(b)(1), we proposed to add the phrase ``or is a cryogenic liquid,'' to
clarify that a cryogenic liquid, whether or not it meets the definition
of a Division 2.2 non-flammable gas, is subject to the HMR. This is
consistent with the current requirements for cryogenic liquids in Sec.
173.115(g). We received no comments opposing this proposal; therefore,
in this final rule, we are adopting the proposal without change.
Currently, paragraph (k)(5) of this section requires aerosols
containing Class 8, PG III materials to be assigned a Class 8
subsidiary hazard. In the NPRM, we proposed to amend paragraph (k)(5)
to specify that aerosols containing Class 8, PG II or PG III materials
must be assigned a Class 8 subsidiary hazard. We received no comments
opposing this proposal; therefore, in this final rule, we are adopting
the proposal without change.
Section 173.124
Section 173.124 establishes classification criteria for Division
4.1 (flammable solid), Division 4.2 (spontaneously combustible), and
Division 4.3 (dangerous when wet) materials. In the NPRM, we proposed
to revise Sec. 173.124 by adding a new paragraph (a)(2)(i)(D)(3) to
require mixtures of oxidizing substances containing 5.0% or more
combustible organic substances to be subject to the self-reactive
substance classification procedure. This will ensure that oxidizing
substances containing 5.0% or more of combustible organic substances
are also tested for their ability to self-react and to ensure that in
such instances, these substances are appropriately classed for their
self-reactive hazard. We received no comments on this proposal; it is
adopted without change in this final rule.
Section 173.133
Section 173.133 establishes criteria for assignment of packing
groups to poisonous (Division 6.1) materials. We proposed to amend the
toxicity criteria for consistency with the toxicity criteria adopted in
the UN Recommendations on the basis of the limits established in the
GHS. As a result, some materials that were not previously regulated
under the HMR would now be regulated as Division 6.1, Packing Group
III; some materials currently regulated as Division 6.1, Packing Group
I or II are assigned to a different packing group; and some materials
that were previously regulated as Division 6.1, Packing Group III would
no longer be subject to regulation under the HMR. PHMSA also proposed a
five-year transition period.
The effect of these proposed changes to packing group assignments
for Division 6.1 materials is summarized as follows:
----------------------------------------------------------------------------------------------------------------
Material properties Current PG assignment New PG assignment
----------------------------------------------------------------------------------------------------------------
Oral LD50 > 200, <= 300 (Solid).. Not regulated......................... III
Oral LD50 > 300, <= 500 (Liquid). III................................... Not regulated.
Dermal LD50 > 40, <= 50.......... II.................................... I
Inhalation toxicity by dusts and I..................................... II
mists LC50 > 0.2, <= 0.5.
Inhalation toxicity by dusts and III................................... Not regulated.
mists LC50 > 4, <= 10.
----------------------------------------------------------------------------------------------------------------
Thirteen commenters [NATC; Botteri; Eisenhofer; Adamo; J&S; RST;
AP&C; AllChem; Arkema; UC1; UC2; NACD; DGAC] support adoption of this
proposal. Arkema notes that the amended criteria may result in
reclassification of certain materials that are listed by name in the
HMT. The commenter requests that the HMR be amended to allow the use of
currently listed names instead of describing the material under an
appropriate generic (n.o.s.) name based on the new toxicity criteria.
The commenter also states Arkema, an international company, will review
its materials to ensure they are in compliance with the provisions of
the 2008 IMDG Code, and will handle air shipments on a case-by-case
basis. PHMSA does not intend to provide such an allowance in the HMR;
we believe such a provision could be confusing and would be
inconsistent with the international regulations. However, we invite
submission of data supporting reclassification of certain materials
resulting from the revised criteria for toxic materials. Such data
could be used to effect change in the listing of a material within the
HMR and the UN Model Regulations.
A commenter [DGAC] appreciates the length of the proposed
transition period. DGAC urges PHMSA to propose a similar transition
period for the criteria in international regulations. Changes to the
international standards are outside the scope of this rulemaking.
International shippers should be aware of this disparity and take
appropriate action.
Finally, ten commenters [NATC; Botteri; Eisenhofer; Adamo; J&S;
RST; AllChem; UC1; UC2; NACD] request a five-year transition period and
a grandfather clause to allow packages filled prior to a specific date
to remain marked without modification for domestic transportation. In
the NPRM, we proposed a five-year transition period and in this final
rule, we are adopting the amendment as proposed (see Sec. 171.14). We
disagree with the request to allow packages filled prior to a specific
date to remain marked without modification for domestic transportation.
We believe that a five-year transition provides adequate time to
transition to the new classification criteria and to ensure that
packages marked based on regulations in effect on December 31, 2006,
are out of the transportation stream. Therefore, we are not adopting a
grandfather clause.
Sections 173.134 and 173.197
Consistent with the proposals in the NPRM, in this final rule,
these sections are revised by replacing the wording ``Regulated medical
waste'' with the wording ``Regulated medical waste or clinical waste or
(bio) medical waste.'' No commenters addressed this issue.
Section 173.136
Currently, the HMR define ``corrosive material'' to mean ``a liquid
or solid that causes full thickness destruction of human skin at the
site of contact within a specified period of time. A liquid that has a
severe corrosion rate on steel or aluminum based on the criteria in
Sec. 173.137(c)(2) is also a corrosive material.'' Certain solids with
a low melting point may become liquid during transportation, and others
may be intentionally heated above their melting point and transported
as a liquid in the molten state. We believe the Class 8 definition
should apply equally to liquids and to solids offered for
transportation or transported in a liquid state. In the NPRM, we
proposed to revise the definition of a ``corrosive
[[Page 78606]]
material'' to include a solid material that is offered for
transportation or transported as a liquid and has a severe corrosion
rate on steel or aluminum. A commenter [Degussa] requests that we align
the definition with the UN Recommendations. We agree and are modifying
the definition of ``corrosive material'' to include the phrase ``solids
that may become liquid during transportation.'' Also, we are removing
the grandfather provision in Sec. 173.136(d) on the basis that it is
no longer necessary because tests other than the one specified in the
UN Manual of Tests and Criteria will be authorized. See the Sec.
173.137 preamble discussion below.
Section 173.137
Section 173.137 establishes packing group criteria for corrosive
(Class 8) materials. In a final rule published December 20, 2004 under
Docket HM-215G (69 FR 76155), we revised the language in paragraph
(c)(2) mandating the corrosion test in the UN Manual of Tests and
Criteria as the only acceptable test method for determining the
corrosivity of a material. That was not our intent. In the NPRM, we
proposed to revise paragraph (c)(2) to specify that corrosivity may be
determined in accordance with methods described in the UN Manual of
Tests and Criteria, as well as other equivalent methods, such as those
described in ASTM G 31-72. No commenters addressed this proposal; it is
adopted without change in this final rule.
Section 173.159
Section 173.159 establishes transportation requirements for wet
electric storage batteries. For consistency with the ICAO Technical
Instructions, in the NPRM we proposed to revise paragraphs (a), (c)(1),
(c)(2), (c)(4), (c)(5), (d)(1) and (e)(2) to clarify that batteries may
be protected against short circuits by the use of non-conductive caps
that cover the entire terminal(s). No commenters addressed this
proposal; therefore, we are adopting it without change in this final
rule.
Section 173.166
Section 173.166 establishes transportation requirements for air bag
inflators, air bag modules, and seat-belt pretensioners. Currently,
paragraph (d)(1) excepts from the HMR air bag modules and seat-belt
pretensioners approved by the Associate Administrator and installed in
a motor vehicle or a completed motor vehicle component. In the NPRM, we
proposed to revise paragraph (d)(1) to expand the exception to include
air bag modules and seat-belt pretensioners installed in other means of
conveyances, such as boats and aircraft, or their components. We
received no comments on this proposal; therefore, we are adopting it
without change in this final rule.
Section 173.187
Section 173.187 establishes transportation requirements for
pyrophoric solids, metals, or alloys, not otherwise specified (n.o.s.).
In the NPRM, we proposed to revise this section for clarity and to
correct an oversight by adding 4A steel boxes to the list of authorized
packagings for pyrophoric solids, metals or alloys, n.o.s. We received
no comments on this proposal; it is adopted without change in this
final rule.
Section 173.216
Section 173.216 establishes transportation requirements for blue,
brown, or white asbestos. Paragraph (c) of this section specifies
packaging requirements for these materials. In the NPRM, we proposed to
require bags or other non-rigid packages containing asbestos to be
transported in rigid outer packages or closed freight containers. No
commenters addressed this proposal; therefore, it is adopted without
change in this final rule.
Section 173.220
Section 173.220 establishes transportation requirements for
internal combustion engines, self-propelled vehicles, mechanical
equipment containing internal combustion engines, and battery powered
vehicles and equipment. For transportation by aircraft, the HMR impose
a pressure limit of not more than 5% of the maximum allowable working
pressure in any part of the system between the pressure receptacle and
the shut off valve of a flammable gas powered vehicle. In the NPRM, we
proposed to revise paragraph (b)(2)(ii)(B)(3) to specify that the
pressure limit imposed applies to the entire closed system and that the
maximum pressure allowed is 290 psig (2000 kPa). Also, consistent with
the ICAO Technical Instructions, we proposed to revise paragraphs (c)
and (d) to clarify that batteries may be protected against short
circuits by the use of non-conductive caps that cover the entire
terminal(s). We received no comments on these proposals; therefore, we
are adopting them without change in this final rule.
Section 173.222
This section establishes requirements for hazardous materials in
equipment, machinery and apparatus. Because of the addition of Special
Provision A105 in the HMT, the shipping paper requirements in paragraph
(d) no longer apply to transportation by aircraft. In the NPRM, we
proposed to revise paragraph (d) accordingly. No commenters addressed
this proposal, and it is adopted without change in this final rule.
A commenter [Laude] requests we remove the phrase ``equipment'' in
this section. The phrase ``equipment'' is not part of the proper
shipping name ``Dangerous Goods in Machinery or Dangerous Goods in
Apparatus'' in the HMT. Therefore, we are editorially revising Sec.
173.222 to remove the phrase ``equipment'' in the heading and
regulatory text.
Section 173.224
Section 173.224 establishes packaging and control and emergency
temperatures for self-reactive materials. The Self-Reactive Materials
Table in paragraph (b)(7) of this section specifies self-reactive
materials authorized for transportation without first being approved
for transportation by the Associate Administrator for Hazardous
Materials Safety and requirements for transporting these materials. In
the NPRM, we proposed to add a new entry to ``Acetone-pyrogallol
copolymer 2-diazo-1-naphthol-5-sulphonate'' to the Self-Reactive
Materials Table. We received no comments on this proposal, and are
adopting it without change in this final rule.
Section 173.230
In the NPRM, we proposed to add a new packaging section (Sec.
173.230) for the transportation of ``Fuel cell cartridges containing
flammable liquids, UN3473,'' including methanol or methanol/water
solutions. For consistency with the ICAO Technical Instructions, we
proposed to require fuel cell cartridges containing flammable liquids,
other than those packaged with equipment, to be packaged in
specification packagings for all modes of transportation. Fuel cell
cartridges packaged in or with equipment must be packaged in strong
outer packagings.
A commenter [HMT] suggests we add a special provision to the entry
``Fuel cell cartridges containing flammable liquids'' in the HMT that
would allow fuel cell cartridges to be considered the inner packaging
of a combination packaging so that shippers can take advantage of the
limited quantity provisions for flammable liquids in Sec. 173.150. We
do not believe that such a clarification is necessary. A fuel cell
cartridge, shipped under the provisions
[[Page 78607]]
of Sec. 173.150 as a limited quantity, may be considered the inner
packaging provided all applicable requirements are met. The commenter
also suggests we change the one liter net capacity limit to allow up to
one liter volume of the flammable liquid itself. We do not agree. The
net capacity of a fuel cell cartridge should be the capacity of the
fuel cell cartridge containing the flammable liquid. This is consistent
with the requirements for other flammable liquids shipped as a limited
quantity in inner packagings or articles. Finally, the commenter
recommends we authorize any rigid outer packaging conforming to the PG
II performance level. We agree and are amending the requirements in
paragraph (a)(2) accordingly.
Section 173.301
On August 29, 2006, the Federal Register published a final rule
under Docket HM-220F (71 FR 51122)) establishing additional
requalification requirements for cylinders manufactured of aluminum
alloy 6351-T6. In Sec. 173.301, we moved a sentence prohibiting the
use of DOT 3AL cylinders manufactured of aluminum alloy 6351-T6 for
transporting pyrophoric gases from paragraph (d) to a new paragraph
(o). We revised the remaining requirement in paragraph (d). However, we
inadvertently omitted a sentence prohibiting the use of aluminum alloy
6351-T6 for the manufacture of UN cylinders recently added in paragraph
(d) under a final rule published June 12, 2006 under Docket HM-220E (71
FR 33858). In this final rule, we are correcting Sec. 173.301(o) by
reinserting the language prohibiting the use of UN cylinders
manufactured of aluminum alloy 6351-T6.
Section 173.306
This section establishes transportation requirements for limited
quantities of compressed gases. Paragraph (i) of this section excepts
aerosols with capacities under 50 mL (1.7 oz) and pressures not
exceeding 970 kPa (141 psig) at 55 [deg]C (131 [deg]F) from all HMR
requirements. In the NPRM, we proposed to expand this exception to
aerosols with capacities of less than 50 mL (1.7 oz) and pressures of
up to 290 psig (2000 kPa) provided the packagings conform to the
general packaging requirements of Subpart B of Part 173. The proposed
amendment is not consistent with provisions of the UN Recommendations
or the ICAO Technical Instructions, which do not limit the pressure
within the aerosol or small receptacle. We are not convinced that
aerosols should be excepted from all regulation when the pressure in
the container exceeds 290 psig (2000 kPa). Because the exceptions in
the UN Recommendations and ICAO Technical Instructions include an
exception from shipping paper, package marking, and labeling
requirements, a carrier might not be aware of the potential risks
associated with higher pressure aerosols and small gas receptacles. In
addition, to avoid confusion and further clarify the intent of this
exception, in the NPRM we proposed to revise paragraph (i) to specify
that the 50 mL exception for aerosols does not apply to self-defense
sprays. It was not our intent to authorize the use of this exception
for self-defense sprays. We received no comments on this proposal; it
is adopted in this final rule.
Part 175
Section 175.10
Currently, safety matches or lighters carried on board an aircraft
and intended for use by a passenger or crew member are excepted from
the HMR. Consistent with the ICAO Technical Instructions, in the NPRM
we proposed to revise paragraph (a)(2) to limit the number of safety
matches that may be carried on one's person or in carry-on baggage by a
passenger or crewmember to one packet. We received no comments on this
issue; therefore, it is adopted without change in this final rule.
Section 175.78
Section 175.78 establishes requirements for stowing hazardous
materials on an airplane. In the NPRM, we proposed to paragraph (c)(4)
to clarify which explosive materials may be stowed together aboard an
aircraft and to remove existing stowage references for explosive
materials not authorized for transportation aboard aircraft under any
circumstances. We received no comments on this issue; therefore, it is
adopted without change in this final rule.
Part 176
Section 176.76
Section 176.76 establishes requirements for vessel transportation
of transport vehicles, freight containers, and portable tanks
containing hazardous materials. Paragraph (f) includes requirements for
portable tanks containing flammable liquids or gases. Consistent with
recent changes to the classification of flammable liquids based on the
GHS and adopted into the UN Recommendations and discussed elsewhere in
this preamble, in the NPRM we proposed to revise paragraph (f)(2) to
specify the new upper limit for a PG III flammable liquid to be 60
[deg]C (140 [deg]F). We received no comments on this issue; therefore,
it is adopted without change in this final rule.
Section 176.83
Section 176.83 establishes segregation requirements for hazardous
materials transported by vessel. In the NPRM, we proposed to revise
paragraph (a)(4) to identify materials of different hazard classes that
do not react dangerously with each other and, therefore, do not need to
be segregated. No commenters addressed this proposal; it is adopted
without change in this final rule.
Section 176.84
Section 176.84 contains additional stowage and segregation
requirements for hazardous materials on cargo and passenger vessels.
Consistent with the 2004 Edition of the IMDG Code, incorporating
Amendment 33-06, in the paragraph (b) Table of provisions, in the NPRM
we proposed to add new Code ``144'' to the entries ``Plastic molding
compound in dough, sheet or extruded rope from evolving flammable
vapor,'' UN3314, and ``Polymeric beads expandable, evolving flammable
vapor,'' UN2211. New Code ``144'' specifies these materials must be
mechanically ventilated in accordance with SOLAS Chapter II-2/
Regulation 19 for flammable liquids with a flashpoint below 23 [deg]C
(73 [deg]F) when stowed under deck. No comments addressed this issue;
it is adopted without change in this final rule.
Also, in the NPRM, we proposed to add a new note ``2'' following
the Table. Note ``2'' provides an exception from the segregation
requirements for Class 8, PG II and III materials, provided the
substances do not react dangerously with one another and the quantities
per package do not exceed 30 L (7.8 gallons) for liquids and 30 kg (66
lbs.) for solids. We also proposed to revise Codes ``26,'' ``27,''
``52,'' and ``53'' to add the new Note ``2.''
One commenter [VOHMA] supports the proposal to add a new Note
``2,'' but suggests the following provision be added: ``The transport
document must include the statement required by Sec. 172.203(i)(5) and
a copy of the test report that verifies that the substances do not
react dangerously with each other shall be provided if requested by the
competent authority.'' The commenter also recommends an additional
shipping paper requirement under Sec. 172.203 to indicate the
utilization of this provision. The commenter bases its request on a
need for consistency with the IMDG Code, and the need for verification
to the carrier that the substances have been
[[Page 78608]]
tested and do not react dangerously with each other.
We acknowledge the commenter's recommendation that new Note ``2''
may require an accompanying statement on a transport document, such as
a shipping paper, in order to adequately notify carriers of the use of
this provision. We also acknowledge the commenter's suggestion that
supporting documentation, such as a test report, should accompany
shipments of these hazardous materials. Because these additional
requirements were not proposed in the NPRM, they are beyond the scope
of this rulemaking. However, we agree that carriers may need some
notification of the use of this provision and will consider the issue
in a future rulemaking.
In this final rule, we are adopting the proposal to add new Note
``2'' to the Segregation Table, and to revise Codes ``26,'' ``27,''
``52,'' and ``53'' by adding the new Note ``2,'' as proposed in the
NPRM. In addition, we are also adopting the proposal to add Code
``144'' to the entries ``Plastic molding compound in dough, sheet or
extruded rope from evolving flammable vapor,'' UN3314, and ``Polymeric
beads expandable, evolving flammable vapor,'' UN2211, to specify these
materials must be mechanically ventilated in accordance with SOLAS
regulation II-2/19 (IBR; see Sec. 171.7 of this subchapter) for
flammable liquids with a flashpoint below 23 [deg]C (73 [deg] F) when
stowed under deck. Finally, in paragraph (b), we are revising
Provisions ``22,'' ``23,'' and ``109'' to reflect the new upper
flammability limit for flammable liquids. Also see Sec. Sec. 173.35,
173.120, 173.121 and Appendix H to Part 173 preamble text.
Part 178
Section 178.274
Section 178.274 establishes design, manufacturing, and test
requirements for UN portable tanks. Currently, a prototype UN portable
tank must be shown to be capable of absorbing the forces resulting from
an impact not less than four times the maximum permissible gross weight
of the fully loaded portable tank at a duration that is typical of the
mechanical shocks experienced in rail transportation. Several standards
describing methods acceptable for performing the impact test were
previously listed in the UN Recommendations (6.7.3.15). The Fourth
revised edition of the UN Manual of Tests and Criteria includes a
dynamic longitudinal impact test for portable tanks. All procedures,
test requirements, processing and analysis of data are found in Section
41 of Addendum 2 to the UN Manual of Tests and Criteria.
Consistent with the UN Recommendations, in the NPRM we proposed to
revise paragraph (j)(6) to require each UN portable tank design type be
subjected to a dynamic longitudinal impact test to prove the ability of
the portable tank to withstand the effects of a longitudinal impact.
The NPRM proposed an effective for the new requirement of January 1,
2008, and further proposed that UN portable tanks impact-tested prior
to January 1, 2008, based on the criteria in effect on October 1, 2005,
need not be retested. We received no comments on this proposal; we are
adopting it without change in this final rule.
Section 178.602
Section 178.602 establishes requirements for the preparation of
packagings for testing to ensure that the packaging conforms to the
design requirements of the applicable specification. Currently, for the
preparation of bags for the drop and stacking tests, paragraph (b)
requires bags to be filled to the maximum mass at which they may be
used. In the NPRM, we proposed to revise paragraph (b) to clarify that
the preparation of bags for the drop and stacking tests only applies to
bags containing solids. No commenters addressed this proposal; it is
adopted without change in this final rule.
Section 178.810
Section 178.810 establishes requirements for performing the drop
test for IBCs. In the NPRM, we proposed to revise paragraph (b)(1) to
clarify that metal, rigid plastic, and composite IBCs must be filled to
not less than 95% of their maximum capacity when conducting drop tests
for solids, and not less than 98% of their maximum capacity for
liquids. Similarly, in paragraph (b)(2), we proposed to require
fiberboard and wooden IBCs to be filled with a solid material to not
less than 95% of their maximum capacity. Also, we proposed to add a new
paragraph (b)(3) to require filling flexible IBCs to the maximum
permissible gross mass and even distribution of the contents. No
commenters addressed these proposals; they are adopted without change
in this final rule.
Part 180
Section 180.213
On August 29, 2006 the Federal Register published a final rule
under Docket HM-220F (71 FR 51122) establishing additional
requalification requirements for cylinders manufactured of aluminum
alloy 6351-T6. In the amendatory language, we inadvertently revised
paragraph (d) rather than the paragraph (d) introductory text. In this
final rule, we are revising paragraph (d) to correct this error.
Section 180.352
Section 180.352 establishes requirements for retesting and
inspection of IBCs to ensure that they continue to conform to the
applicable specification. In the NPRM, we proposed to revise paragraph
(b) to specify that each IBC intended to contain solids that are loaded
or discharged under pressure or intended to contain liquids must be
tested in accordance with the leakproofness test prescribed in Sec.
178.813 prior to its first use in transportation. For this test, the
IBC is not required to have its closures fitted. These proposals
incorporate clarifications adopted in the Fourteenth revised edition of
the UN Recommendations. We received no comments on these proposals and
are adopting them without change in this final rule.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the following statutory
authorities:
1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
This final rule amends regulations to maintain alignment with
international standards by incorporating various amendments, including
changes to proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, air transport quantity
limitations and vessel stowage requirements. To this end, as discussed
in detail earlier in this preamble, the final rule amends the HMR to
more fully align them with the biennial updates of the UN
Recommendations, the IMDG Code and the ICAO Technical Instructions;
this will facilitate the transport of hazardous materials in
international commerce.
Harmonization serves to facilitate international transportation; at
the same time, harmonization ensures the safety of people, property,
and the environment by reducing the potential for confusion and
misunderstanding that could result if shippers and
[[Page 78609]]
transporters were required to comply with two or more conflicting sets
of regulatory requirements. While the intent of this rulemaking is to
align the HMR with international standards, we review and consider each
amendment on its own merit based on its 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. Thus, as discussed in detail earlier in this
preamble, there are several instances where we elected not to adopt a
specific provision of the UN Recommendations, the IMDG Code or the ICAO
Technical Instructions. Moreover, we are maintaining a number of
current exceptions for domestic transportation that should minimize the
compliance burden on the regulated community.
2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This final rule amends
the HMR to maintain alignment with international standards by
incorporating various amendments to facilitate the transport of
hazardous material in international commerce. To this end, as discussed
in detail earlier in this preamble, the rule incorporates changes into
the HMR based on the Fourteenth revised edition of the UN
Recommendations, Amendment 33 to the IMDG Code, and the 2007-2008 ICAO
Technical Instructions, which become effective January 1, 2007. The
continually increasing amount of hazardous materials transported in
international commerce warrants the harmonization of domestic and
international requirements to the greatest extent possible.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. The final rule is not
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation [44 FR 11034]. This
final rule applies to offerors and carriers of hazardous materials,
such as chemical manufacturers, chemical users and suppliers, packaging
manufacturers, distributors, battery manufacturers, and
radiopharmaceutical companies. Benefits resulting from the amendments
in this final rule include enhanced transportation safety resulting
from the consistency of domestic and international hazard
communications and continued access to foreign markets by U.S.
manufacturers of hazardous materials.
The majority of amendments in this final rule result in cost
savings and ease the regulatory compliance burden for shippers engaged
in domestic and international commerce, including trans-border
shipments within North America.
We are authorizing a delayed effective date and a one-year
transition period for the majority of amendments in this final rule; we
are authorizing extended transition periods for certain amendments. The
transition periods allow for training of employees and ease any burden
on entities affected by the amendments. The total net increase in costs
to businesses in implementing the final rule is considered to be
minimal. The costs are the result of reprogramming shipping paper
computer programs, replacement of pre-printed forms for firms that do
not use automated systems, and changes to package markings and labels.
Initial start-up and inventory costs result from these changes;
however, the costs will be offset by greater long-term savings of
conformance with one set of regulations and a one-year transition
period. A regulatory evaluation is available for review in the public
docket for this rulemaking.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule preempts State, local and Indian tribe requirements but does
not impose any regulation that has substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This final rule addresses covered subject items (1), (2), (3), and
(5) above and preempts State, local, and Indian tribe requirements not
meeting the ``substantively the same'' standard. This final rule is
necessary to incorporate changes adopted in international standards,
effective January 1, 2007. If the changes in this final rule are not
adopted in the HMR, U.S. companies, including numerous small entities
competing in foreign markets, would be at an economic disadvantage.
These companies would be forced to comply with a dual system of
regulations. The changes in this rulemaking are intended to avoid this
result. Federal hazardous materials transportation law provides at
section 5125(b)(2) that, if DOT issues a regulation concerning any of
the covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
The effective date of Federal preemption is March 29, 2007.
D. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications and does not impose substantial
direct compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule facilitates the transportation of hazardous materials in
international commerce by providing
[[Page 78610]]
consistency with international standards. This final rule applies to
offerors and carriers of hazardous materials, some of whom are small
entities, such as chemical users and suppliers, packaging
manufacturers, distributors, and battery manufacturers. As discussed
above, under Executive Order 12866, the majority of amendments in this
final rule result in cost savings and ease the regulatory compliance
burden for shippers engaged in domestic and international commerce,
including trans-border shipments within North America.
Many companies will realize economic benefits as a result of these
amendments. Additionally, the changes effected by this final rule will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. Therefore, I certify that the requirements in this final
rule will not have a significant economic impact on a substantial
number of small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, no person is required to
respond to a collection of information unless it displays a valid
Office of Management and Budget (OMB) control number. Section
1320.8(d), Title 5, Code of Federal Regulations requires that PHMSA
provide interested members of the public and affected agencies an
opportunity to comment on information collection and recordkeeping
requests. PHMSA currently has two approved information collections
affecting this final rule: OMB Control Number 2137-0557, ``Approvals
for Hazardous Materials'' with 25,605 burden hours and $562,837.40
burden costs; and OMB Control Number 2137-0613, ``Subsidiary Hazard
Class & Number/Type of Packagings'' with 63,309 burden hours and
$216,705 burden costs.
There are minor editorial changes under this rule. However, there
is no net increase in burden for OMB Control Number 2137-0557 or OMB
Control Number 2137-0613. We estimate the total information collection
and recordkeeping burden as follows:
``Approvals for Hazardous Materials'' OMB Number 2137-0557:
Total Annual Number of Respondents: 3,523.
Total Annual Responses: 3,874.8.
Total Annual Burden Hours: 25,605.
Total Annual Burden Cost: $562,837.40.
``Subsidiary Hazard Class & Number/Type of Packagings'' OMB Number
2137-0613:
Total Annual Number of Respondents: 250,000.
Total Annual Responses: 6,337,500.
Total Annual Burden Hours: 17,604.
Total Annual Burden Cost: $216,705.
Total First Year Burden Hours: 45,705.
Total First Year Burden Cost: $1,115,992.
Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (PHH-10), Pipeline and Hazardous Materials Safety
Administration, Room 8422, 400 Seventh Street, SW., Washington, DC
20590-0001, telephone (202) 366-8553.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$120.7 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. We developed an assessment to
determine the effects of these revisions on the environment and whether
a more comprehensive environmental impact statement may be required.
Consistency in the regulations for the transportation of hazardous
materials aids in shipper understanding of the requirements and permits
shippers to more easily comply with safety regulations and avoid the
potential for environmental damage or contamination. Our findings
conclude that there are no significant environmental impacts associated
with this final rule. For interested parties, an Environmental
Assessment is available in the public docket.
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78) or you may visit http://dms.dot.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Incorporation by
reference, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 176
Hazardous materials transportation, Incorporation by reference,
Maritime carriers, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
[[Page 78611]]
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
1. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
2. In Sec. 171.7, in the paragraph (a)(3) table, the following changes
are made:
0
a. Under the entry ``International Civil Aviation Organization
(ICAO),'' the entry ``Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), 2005-2006
Edition'' is revised;
0
b. Under the entry ``International Maritime Organization (IMO),'' the
entries ``International Convention for the Safety of Life at Sea,
(SOLAS) Amendments 2000, Chapter II-2/Regulation 19, 2001'' and
``International Maritime Dangerous Goods Code (IMDG Code), 2004
Edition, Incorporating Amendment 32-04 (English Edition), Volumes 1 and
2'' are revised;
0
c. Under the entry ``United Nations,'' the entry ``UN Recommendations
on the Transport of Dangerous Goods, Thirteenth Revised Edition (2003),
Volumes I and II'' is revised;
0
d. Under the entry ``United Nations,'' the entry ``UN Recommendations
on the Transport of Dangerous Goods, Manual of Tests and Criteria,
Fourth Revised Edition, (2003)'' is revised.
The revisions read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
International Civil Aviation
Organization (ICAO),
* * * * * * *
Technical Instru |
