[Federal Register: May 3, 2007 (Volume 72, Number 85)]
[Rules and Regulations]
[Page 25161-25177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my07-10]
[[Page 25161]]
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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 Part 171, et al.
Hazardous Materials: Revision and Reformatting of Requirements for the
Authorization To Use International Transport Standards and Regulations;
Final Rule
[[Page 25162]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 175 and 176
[Docket No. PHMSA-2005-23141 (HM-215F)]
RIN 2137-AE01
Hazardous Materials: Revision and Reformatting of Requirements
for the Authorization To Use International Transport Standards and
Regulations
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
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SUMMARY: In this final rule, PHMSA is amending the Hazardous Materials
Regulations to revise and consolidate the requirements applicable to
the use of the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air, the
International Maritime Dangerous Goods Code, Transport Canada's
Transportation of Dangerous Goods Regulations, and the International
Atomic Energy Agency's Safety Standards Series: Regulations for the
Safe Transport of Radioactive Material. The revisions and reformatting
provide a user-friendly format to promote understanding of the
conditions and limitations on the use of international standards and
regulations. In addition, PHMSA is authorizing the use in domestic
transportation of portable tanks, cargo tank motor vehicles, and rail
tank cars manufactured in accordance with Transport Canada's
Transportation of Dangerous Goods Regulations. The amendments adopted
in this final rule maintain the high transportation safety standard
established under the Hazardous Materials Regulations.
DATES: Effective date: October 1, 2007.
Incorporation by Reference Date: The incorporation by reference of
certain publications listed in these amendments is approved by the
Director of the Federal Register as of October 1, 2007.
FOR FURTHER INFORMATION CONTACT: Duane Pfund, International Standards
Coordinator, telephone (202) 366-0656, or Joan McIntyre, Office of
Hazardous Materials Standards, telephone (202) 366-8553, Pipeline and
Hazardous Materials Safety Administration.
SUPPLEMENTARY INFORMATION:
I. Background
To facilitate the safe and efficient transportation of hazardous
materials in international commerce, the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180), with certain limitations,
permit both domestic and international shipments of hazardous materials
to be offered for transportation and transported under provisions of
the International Civil Aviation Organization's Technical Instructions
for the Safe Transport of Dangerous Goods by Air (ICAO Technical
Instructions), the International Maritime Dangerous Goods Code (IMDG
Code), the Transport Canada's Transportation of Dangerous Goods
Regulations (Transport Canada TDG Regulations), and the International
Atomic Energy Agency's Safety Standards Series: Regulations for the
Safe Transportation of Radioactive Material (IAEA Regulations), as
appropriate.
Consistency between U.S. and international regulations helps to
assure the safety of international hazardous materials transportation
through better understanding of the regulations, an increased level of
industry compliance, the smooth flow of hazardous materials from their
points of origin to their points of destination, and effective
emergency response in the event of a hazardous materials incident. For
example, many shippers find that consistency in requirements aids their
understanding of what is required, thereby permitting them to more
easily comply with the regulations when shipping hazardous materials in
international commerce.
The Federal hazardous materials transportation law (Federal hazmat
law; 49 U.S.C. 5101 et seq.) requires PHMSA to align the HMR with
international transport standards and requirements to the extent
practicable (see Sec. 5120). The Federal hazmat law permits PHMSA to
deviate from international transport standards and requirements when
such action is in the public interest. Therefore, we periodically align
the HMR with international transport standards and regulations through
various rulemakings. We also periodically review and revise the
provisions for the authorization to use the international transport
standards and regulations in order to maintain a safety level equal to
that of the HMR, thereby assuring the protection of people, property,
and the environment. Based on our comprehensive, technical review, we
have determined that the amendments adopted in this final rule provide
an equivalent level of safety as is currently achieved under the HMR.
On January 27, 2006, PHMSA issued a notice of proposed rulemaking
(NPRM, 71 FR 4544) proposing to amend the HMR by revising and
consolidating the requirements applicable to the use of international
standards and regulations. Our goal with this rulemaking is to
reorganize and clarify the conditions and limitations on the use of
international standards and regulations for transportation in the
United States. The purpose of the reorganization is to provide an
easier format for HMR users, particularly for persons transporting
hazardous materials by multiple modes of transportation, thereby
providing a clearer understanding of the conditions and limitations for
the use of authorized international standards and facilitating the
transportation of hazardous material shipments.
II. Discussion of Comments and Regulatory Revisions
In response to the NPRM, we received 25 comments from industry
associations, shippers and others, as follows:
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Commenter Document No.
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The Estee Lauder Companies, Inc. PHMSA-2005-23141-2
(ELC).
International Tank Container PHMSA-2005-23141-3
Organization (ITCO).
Regulatory Resources, Inc......... PHMSA-2005-23141-4
Owen B. Bugg...................... PHMSA-2005-23141-5
Fed Ex............................ PHMSA-2005-23141-6
The Fertilizer Institute (TFI).... PHMSA-2005-23141-7
National Tank Truck Carriers, Inc. PHMSA-2005-23141-8
(NTTC).
Air Products and Chemicals, Inc. PHMSA-2005-23141-9
(Air Products).
Council on Radionuclides and PHMSA-2005-23141-10
Radiopharmaceuticals, Inc.
(CORAR).
PPG Industries, Inc. (PPG)........ PHMSA-2005-23141-11
[[Page 25163]]
American Trucking Associations PHMSA-2005-23141-12
(ATA).
Ashland Specialty Chemical Company PHMSA-2005-23141-13
(Ashland).
Lawrence A. Duncan................ PHMSA-2005-23141-14
International Vessel Operators PHMSA-2005-23141-15
Hazardous Materials Association,
Inc. (VOHMA).
Air Transport Association of PHMSA-2005-23141-16
America, Inc. (Air Transport).
Council on Safe Transportation of PHMSA-2005-23141-17
Hazardous Articles, Inc. (COSTHA).
Association of Hazmat Shippers PHMSA-2005-23141-18
(AHS).
Association of American Railroads PHMSA-2005-23141-19
(AAR).
National Propane Gas Association PHMSA-2005-23141-20
(NPGA).
CF Industries, Inc................ PHMSA-2005-23141-21
U.S. Nuclear Regulatory Commission PHMSA-2005-23141-22
(NRC).
Dangerous Goods Advisory Council PHMSA-2005-23141-23
(DGAC).
Canadian Trucking Alliance (CTA).. PHMSA-2005-23141-24
CropLife America.................. PHMSA-2005-23141-25
Jerry Hayes....................... PHMSA-2005-23141-26
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Most commenters express support for the goals of this rulemaking;
others raise concerns as discussed below. The NPRM primarily addressed
the reformatting of the HMR sections addressing the authorization to
use international standards. We proposed only minor changes to the
specific requirements themselves. Some commenters mistakenly described
current requirements incorporated into the reformatted sections as
``proposed requirements'' and, in some cases, opposed the
``revisions.'' Other commenters requested changes that were not
proposed in the NPRM. These comments are beyond the scope of this
rulemaking and are not addressed in this final rule. We direct these
commenters to 49 CFR 106.95 for procedures to submit petitions for
rulemaking.
In this final rule, PHMSA is amending the HMR to revise,
consolidate, and clarify the HMR provisions authorizing the use of the
ICAO Technical Instructions, the IMDG Code, the Transport Canada TDG
Regulations, and the IAEA Regulations, as previously contained in
Sec. Sec. 171.11, 171.12 and 171.12a. The newly designated sections,
as adopted in this final rule, will continue to permit both domestic
and international shipments of hazardous materials to be offered for
transportation and transported under the provisions of the applicable
transport standards and regulations, subject to certain conditions and
limitations. Additionally, we are consolidating the newly designated
sections for the use of international standards and regulations into
new Subpart C.
A. Incorporation by Reference Material
In Sec. 171.7, we are incorporating by reference the most recent
edition of the Transport Canada TDG Regulations, including Amendments 4
and 5.
Additionally, we are incorporating by reference the Canadian
General Standards Board (CGSB) standard, CGSB-43.147 for the
``Construction, Modification, Qualification, Maintenance and Selection
and Use of Rail Tank Cars.'' The incorporation of these materials
relates to our adoption of expanded provisions for the use of Canadian
bulk packagings for transportation to and from the United States. As
indicated below, this incorporation by reference maintains the high
safety standard currently achieved under the HMR (see preamble
discussion under ``Bulk Shipments to Canada'').
B. Consolidation of the Conditions and Limitations for Use of the ICAO
Technical Instructions, IMDG Code, and TDG Regulations
The HMR, ICAO Technical Instructions, IMDG Code, and the Transport
Canada TDG Regulations are based on the UN Recommendations on the
Transport of Dangerous Goods (UN Recommendations), which are model
regulations issued by the UN Committee of Experts on the Transport of
Dangerous Goods and the Globally Harmonized System of Classification
and Labeling of Chemicals (UN COE). Currently, the conditions and
limitations under which the ICAO Technical Instructions, IMDG Code, and
TDG Regulations may be used for domestic transportation are set forth
in Sec. Sec. 171.11, 171.12, and 171.12a. The authorizations to use
the ICAO Technical Instructions, IMDG Code, and the Transport Canada
TDG Regulations contain many of the same conditions and limitations for
use. To eliminate redundancy, we proposed in the NPRM to consolidate
and reformat these conditions and limitations into a single section
that would apply to the use of all three standards.
CropLife America and the Dangerous Goods Advisory Council (DGAC)
are opposed to the consolidation and reformatting of the international
standards as proposed in the NPRM. The two organizations suggest users
of the HMR are familiar with the current format and assert the proposed
formatting, if adopted, would create confusion and possibly ``hamper
compliance with the regulations.'' The two commenters state ``Users of
the HMR normally are only interested in the
[[Page 25164]]
additional requirements applying to requirements of one international
body--not all three at one time. Consolidating the requirements forces
the user to wade through numerous additional requirements not relevant
to the particular international regulation of interest.'' DGAC suggests
these actions will ``complicate compliance and may encourage other
countries to reciprocate and apply minutely differing requirements
based on their own domestic regulations.''
We disagree with these commenters. We receive many questions each
year from shippers and carriers expressing confusion about the
conditions under which the international standards may be used for
domestic transportation. Moreover, other commenters who address this
issue (including TFI, Air Products, the American Trucking Associations,
VOHMA, the Air Transport Association, and COSTHA) express support for
the consolidation and reformatting proposed in the NPRM. We believe
that expanding the level of detail applicable to the use of the
international standards, combined with the reformatting proposed in the
NPRM, will make the requirements clearer and easier to understand.
Therefore, as proposed, we are consolidating into one section, Sec.
171.22, those conditions and limitations applicable to all of the
authorized international transport standards and regulations. Section
171.23 is added for requirements pertaining to specific materials and
packagings, Sec. Sec. 171.24-171.26 are added as separate sections
specific to the additional provisions for each standard. The newly
numbered sections are contained in new Subpart C of Part 171 as
follows:
Section 171.22, (previously contained in Sec. 171.11,
171.12 and 171.12a), as adopted in this final rule, authorizes the
offering, acceptance, and transportation of hazardous materials:
--By aircraft and motor vehicle in accordance with the ICAO Technical
Instructions;
--By vessel, motor vehicle, or rail in accordance with the IMDG Code,
provided all or part of the transportation is by vessel;
--By motor vehicle or rail in accordance with the Transport Canada TDG
Regulations, for: (1) Shipments that originate in Canada and either
terminate in the United States or transit the United States to a
Canadian or foreign destination, or (2) certain bulk shipments to,
from, or within the United States;
--By aircraft, vessel, motor vehicle, or rail for the transportation of
radioactive materials in accordance with the IAEA Regulations for
shipments imported into or exported from the United States or
transiting the United States during transportation between places
outside the United States.
Section 171.23 specifies requirements for certain specific
materials (such as combustible liquids, hazardous wastes, and organic
peroxides) and packagings (such as cylinders, aerosols, and chemical
oxygen generators) transported under the authorized international
standards and regulations.
Section 171.24 specifies the additional requirements
unique to the use of the ICAO Technical Instructions.
Section 171.25 specifies the additional requirements
unique to the use of the IMDG Code.
Section 171.26 specifies the additional requirements
unique to the use of the IAEA Regulations.
Note that additional requirements applicable to North American
shipments are contained in Sec. 171.12. These requirements apply to
use of the Transport Canada TDG regulations for shipments between the
United States and Canada and to shipments into the United States from
Mexico. Even though the Mexican standards, Normas Officiales Mexicanos
(NOMs) and the Regulations for Land Transportation of Hazardous
Materials and Waste, are to a considerable degree consistent with the
HMR, differences do exist and shippers must exercise caution to ensure
that shipments transported from Mexico into the United States are in
full compliance with the applicable HMR requirements. For additional
information and guidance for preparing shipments of hazardous materials
between the United States and Mexico, you may access http://hazmat.dot.gov/nomslst.htm
.
In several places in the NRPM, we proposed to clarify that
shipments transported in conformance with an international standard
must also conform to all applicable requirements of the HMR. DGAC and
CropLife objected to such phrases as ``all applicable requirements of
this subchapter or part must be met.'' The commenters request we direct
the user to the requirements by replacing the phrase with the specific
regulatory citations for those parts, subparts, or sections of the HMR
that apply. We note concerning these comments that this phrase and
similar phrases are used throughout the HMR and that it is the
responsibility of the shipper or carrier to be knowledgeable about all
the HMR requirements applicable to its operations. From a practical
standpoint, using specific citations would mean that we would have to
amend these sections if the citations are revised in future
rulemakings. The more general reference makes it easier to keep the
regulations up to date. For these reasons, we are not adopting the
CropLife and DGAC recommendation.
C. New Subparts Added to Part 171
With the addition of Subpart C to Part 171, we are also adding new
subparts to more appropriately separate the remaining sections in
current Part 171. Subpart A is added to include the current provisions
concerning the applicability of the HMR and general requirements for
transportation, and provisions for the Paperwork Reduction Act,
reference material, definitions and abbreviations, rules of
construction, units of measure, and North American shipments. Subpart B
is added to include the current provisions for incident reporting,
approvals and authorizations issued by the Bureau of Explosives,
submission of reports, and investigations and special studies. We did
not propose revisions to the requirements in new Subparts A and B of
Part 171. In this final rule, the reorganized subparts are adopted as
proposed in the NPRM except, as indicated above, requirements
applicable to Canadian and Mexican shipments are located in Sec.
171.12.
D. Revisions to Current Conditions and Limitations for Use
We are making several revisions to the current conditions and
limitations for use of international standards and regulations,
including: (1) Removing certain unnecessary requirements; (2)
clarifying labeling requirements for limited quantities of Division 6.1
materials in Packing Groups II and III; (3) clarifying requirements for
the use of International Maritime Organization (IMO) Type 5 tanks; and
(4) authorizing the use of the Transport Canada TDG Regulations for
return shipments from the United States to Canada. These and other
revisions are explained in more detail below.
1. Removal of Unnecessary HMR Requirements
As proposed in the NPRM, we are removing the following conditions
and limitations from the HMR because they have been incorporated into
the most recent editions of the ICAO Technical Instructions, the IMDG
Code, and the Transport Canada TDG Regulations and, therefore, are no
longer necessary:
[[Page 25165]]
The restriction in current Sec. Sec. 171.11(d)(12),
171.12(b)(14), and 171.12a(b)(14) prohibiting use of international
standards for the transportation of ammonium nitrate fertilizer or
ammonium nitrate mixed fertilizer that meets the definition for a Class
1 (explosive) material.
The limitation on the use of abbreviations in current
Sec. Sec. 171.11, 171.12 and 171.12a.
The prohibition in current Sec. 171.12a(b)(6) from
displaying a product identification number (PIN) preceding a UN number.
PIN numbers are no longer authorized in the TDG Regulations.
Currently, under Sec. 171.12a(b)(5)(vi), shipping papers for
shipments of anhydrous ammonia prepared in accordance with the TDG
Regulations must contain an indication that the markings, labels and
placards have been applied in conformance with the TDG Regulations. In
the NPRM, we proposed to remove this requirement because the NPRM
included a proposal to require an indication on shipping papers of the
regulation utilized for the shipments. We are not adopting the new
shipping paper requirement in this final rule (see discussion below for
a detailed explanation of the issue, comments received, and our
decision this proposal). Therefore, we are retaining in this final rule
the requirement specific to shipments of anhydrous ammonia.
In addition, in response to a comment from TFI, we are modifying
the limitations specific to the transportation of PIH materials to
retain the language in current Sec. 171.12a(b)(5)(iv) that permits
shipments of anhydrous ammonia to be labeled or placarded in accordance
with TDG requirements. This language was inadvertently omitted in the
NPRM. TFI also notes that in Sec. 171.102, Special Provision 13, which
requires the words ``Inhalation Hazard'' to be entered on shipping
papers and marked on packagings containing anhydrous ammonia, excepts
anhydrous ammonia shipments from the shipping paper requirements in
Sec. 172.203(m) applicable to materials that are poisonous by
inhalation. TFI suggests that since we are incorporating the provisions
of Sec. 172.203(m) into new Sec. 171.23(b)(10), Special Provision 13
should be modified to include an exception from the requirements in
Sec. 171.23(b)(10). We do not agree; we believe the revised text
adopted in this final rule makes clear that shipments of anhydrous
ammonia prepared in accordance with the Transport Canada TDG
Regulations may be labeled and placarded in accordance with TDG
requirements.
2. Division 6.1 PG II and III Limited Quantity Labeling Requirements
In the NPRM, we proposed to clarify the current requirement that
Division 6.1 materials transported as limited quantities are not
excepted from labeling when shipped to, from, or within the United
States under the ICAO Technical Instructions, IMDG Code, or the
Transport Canada TDG Regulations. ATA opposes this requirement,
suggesting that it may require carriers to add labels to certain
imported materials. It is not our intention to require carriers to
affix labels to packages that are not labeled in accordance with the
HMR requirements. As we have said in previous rulemakings and letters
of interpretation, a carrier may rely on information provided by the
offeror of the hazardous material or a prior carrier, unless the
carrier knows or, a reasonable person, acting in the circumstances and
exercising reasonable care, would have knowledge that the information
provided by the offeror or prior carrier is incorrect. Therefore, in
this final rule, we are adopting the clarifying language as proposed in
the NPRM.
3. Entering an Indication of the Transport Standard or Regulation Used
on Shipping Papers
In the NPRM, we proposed to require shippers to identify by acronym
(ICAO, IMDG, TDG, or IAEA) on shipping papers the international
standard or regulation under which a hazardous material shipment is
being transported. We received several comments supporting and 10
comments opposing the proposal. The commenters opposed to the
requirement are FedEx Express, Air Products and Chemicals, Inc. (Air
Products), PPG Industries, Inc. (PPG), American Trucking Associations,
Inc. (ATA), National Tank Truck Carriers (NTTC), Air Transport
Association of American (Air Transport Association), Dangerous Goods
Advisory Council (DGAC), Association of Hazmat Shippers (AHS), The
Estee Lauder Companies, Inc. (ELC) and the Association of American
Railroads (AAR). The commenters in favor of the requirement are the
International Vessel Operators Hazardous Materials Association, Inc.
(VOHMA), the Council on Safe Transportation of Hazardous Articles
(COSTHA), and Lawrence A. Duncan with the U.S. Coast Guard (USCG)
Container Inspection Training and Assistance Team.
Commenters supporting the proposal suggest that the lack of an
identification of the standard or regulation under which a hazardous
material is shipped causes unnecessary transportation delays and, thus,
added costs to the shipper.
Commenters opposing the proposal suggest that it is not necessary
and could cause confusion. For example, FedEx calls the proposed change
``unnecessary'' and states that such a requirement will cause shipments
to be delayed and confuse shippers. DGAC states that any
``justification'' for the requirement has diminished over time with
increasing harmonization between the HMR and international regulations.
DGAC further states that the requirement would be ``extremely
burdensome.'' Some commenters state that the requirement would be
repetitive and would cause costly modifications to computer systems.
The Air Transport Association suggests we make the proposed
requirement permissive and allow for the acronym to be placed in
association with the basic description(s) of the hazardous materials.
As stated in the NPRM, we believe that identifying the particular
transport standard or regulation under which a shipment is transported
would expedite shipments by providing on-the-spot information to
inspectors, carrier personnel and freight forwarders that would
facilitate transportation and avoid confusion and frustrated shipments.
However, we agree with the commenters who suggest that the need for
identification of the standard or regulation used to prepare the
shipment has lessened over time with the increasing harmonization of
domestic and international transportation standards. Moreover, we agree
that the burden this requirement would impose on shippers would
outweigh any benefits that might result from its adoption. Therefore,
we are not adopting the proposal in this final rule. We note, however,
that shippers who wish to do so may include the acronym on shipping
papers if they so choose; no rule change is necessary to permit such an
indication on a shipping paper.
4. Retention of Shipping Papers
In the NPRM, we proposed to clarify that each person who receives a
hazardous materials shipment must retain a copy of the shipping paper
in accordance with Sec. 172.201(e). DGAC comments that we appeared to
propose a more ``severe requirement'' in Sec. 171.22(g)(5) by
proposing to require consignees to retain shipping papers. DGAC notes
that neither the Federal hazardous materials transportation law (49
U.S.C. 5101 et seq.) nor the HMR apply to consignees. DGAC appears to
have misunderstood our intent. We did
[[Page 25166]]
not propose to expand the requirement to include consignees. The
requirement continues to apply to each person who provides a shipping
paper (see Sec. 172.201(e)) and each person who receives a hazardous
material shipment that will continue in transportation (see Sec. Sec.
174.24(b), 175.30(a)(2), 176.24(b) and 177.817(f)).
5. Including the Word ``Poison'' or ``Toxic'' on Shipping Papers
We are removing from Sec. 171.23(b)(10) the proposed requirement
to include the word ``Poison'' or ``Toxic'' on a shipping paper when
the shipping name or class entry does not reflect the material as being
poisonous. We removed this requirement under Docket HM-189Y (FR 70
56084), published on September 23, 2005, as no longer necessary because
Sec. 172.202(a)(2) requires the subsidiary hazard class(es) to be
entered following the primary hazard class or division number.
6. Shipper's Certification
In accordance with Sec. 172.204, unless otherwise excepted, each
person who offers a hazardous material for transportation must certify
that the material is offered in accordance with all applicable HMR
requirements. This certification is accomplished through the offeror's
signature below a statement certifying that the shipment is properly
classified, described, packaged, marked and labeled, and in proper
condition for transportation according to applicable DOT regulations. A
similar certification statement is also required under the IMDG Code
and ICAO, but not the Transport Canada TDG Regulations. In the NPRM, we
proposed to require each shipper to provide a ``shipper's
certification,'' as required by Sec. 172.204 of the HMR, for shipments
being transported under all authorized international standards and
regulations into the United States. The adoption of this requirement
would align shipments being transported under the Transport Canada TDG
Regulations with the other authorized international standards.
AAR opposes this proposal. According to AAR, it will be extremely
difficult to adapt the Electronic Data Interchange (EDI) system used to
transmit information between railroads to include the proposed
certification. AAR requests a two-year implementation period. We agree
that additional time would be beneficial to companies who may have to
adapt computer systems to accommodate the new requirement. In this
final rule, we are providing two years from the date of publication of
the final rule for implementation of the new certification requirement.
FedEx and Air Transport also oppose the new certification
requirement, stating that it would pose an economic burden on shippers
offering hazardous materials that are excepted from the certification
(such as diagnostic specimens and dry ice) under the ICAO Technical
Instructions. The commenters suggest an amendment to the proposal that
would continue to except such shipments from the shipper's
certification requirement. Commenters appear to have misunderstood the
NPRM proposal. It was not our intention to require a shipper's
certification for shipments that are currently excepted from this
requirement. However, the comments suggest a need to clarify this issue
in the regulatory text. Therefore, in this final rule, we are adopting
the requirement as proposed with the addition of the phrase ``unless
otherwise excepted'' in the regulatory text to clarify that the
existing exceptions from the shipping certification requirement are
still in effect.
7. Use of IMO Type 5 Tanks
In the NPRM, we proposed in Sec. 171.24 to clarify the conditions
under which IMO Type 5 tanks are authorized for the transportation of
hazardous materials. An IMO Type 5 tank is only authorized when
specifically identified in the applicable packaging section of the HMR.
If an IMO Type 5 tank is not specifically listed as an authorized
packaging, the portable tank must meet DOT 51 or UN portable tank
requirements. No commenters addressed this proposal. Therefore, it is
adopted as proposed in the NPRM.
8. Bulk Shipments to Canada
In the current Sec. 171.12a, the use of the Transport Canada TDG
Regulations includes the return to Canada of empty bulk packages
containing only a residue of the hazardous materials initially imported
into the United States. We proposed in the NPRM to expand in Sec.
171.26 the authorization to permit the use of bulk packagings
authorized in the TDG regulations to transport hazardous materials
while returning to Canada from the United States. Additionally, we
requested comments concerning whether we should expand reciprocity and
allow the use in domestic transportation in the United States of cargo
tanks, rail tank cars, and portable tanks built to Canadian
specifications as Canada permits the use in Canada of similar
packagings built to U.S. specifications. We asked commenters to address
whether there are safety or operational considerations we should
examine before expanding reciprocal treatment beyond the amendments we
proposed in the NPRM.
ATA, NTTC, Air Products and CTA support expanded reciprocity to
allow unrestricted use in the United States of cargo tanks constructed
to Canadian specifications. AAR strongly supports reciprocity for tank
cars, noting the current similarities between the two regulations.
We agree with these commenters that expansion of authorization for
use of the Transport Canada TDG Regulations in the United States will
provide additional flexibility and is consistent with the reciprocity
currently extended to the United States for DOT specification bulk
packagings. We note in this regard that Transport Canada is considering
implementing restrictions on the use in Canada of DOT specification
cargo tanks, rail tank cars, and portable tanks that are similar to the
restrictions we now place on bulk packagings manufactured in accordance
with Canadian specifications. If implemented in Canada, such a
restriction would limit U.S. carriers' operational flexibility and
potentially increase transportation costs.
PHMSA worked closely with Transport Canada to compare the cargo
tank, rail tank car and portable tank requirements in the HMR and the
TDG Regulations. We determined that the standards for design,
manufacture, and requalification of cargo tanks, rail tank cars, and
portable tanks in the TDG Regulations are equivalent to the standards
for design, manufacture, and requalification of cargo tanks, rail tank
cars, and portable tanks in the HMR. Further, according to Transport
Canada, cargo tanks, rail tank cars, and portable tanks built to the
Canadian specifications have a well-established history of safe
operations. We reviewed the small number of incidents in the United
States over the past several years involving cargo tanks, rail tanks
cars, and portable tanks built to the Canadian specifications and found
no evidence of safety problems attributable to flaws in the design or
manufacturing specifications. NTTC and ATA agree that there is no
safety rationale for continuing to deny full reciprocity to bulk
packagings built to Canadian specifications.
Therefore, we are authorizing the domestic use of portable tanks,
cargo tank motor vehicles and rail tank cars manufactured in accordance
with the TDG Regulations, provided the packagings conform to all
applicable operational requirements specified in Parts 173, 177, and
180 of the HMR. Thus, a portable tank, cargo tank, or rail
[[Page 25167]]
tank car conforming to the TDG regulations may be used for
transportation within the United States provided an equivalent
packaging is authorized under the HMR and the bulk packaging conforms
to operational requirements specific to each bulk packaging type. For
example, a cargo tank motor vehicle constructed in accordance with the
TDG regulations may be used in the United States provided it conforms
to the HMR requirements applicable to loading, maximum lading pressure,
pressure relief devices, retention of lading in piping, and emergency
discharge control systems. As a result of this amendment, we are
revising Sec. Sec. 171.31, 171.32 and 171.33 to reflect the
authorization. We are also revising the HMR to clarify the parts of the
HMR applicable to Canadian specification bulk packagings (for example,
hazardous material authorizations in the Sec. 172.101 Hazardous
Materials Table (HMT) Special Provision B Codes, material specific
requirements in Part 173, operational requirements in Parts 174 and 177
for rail and motor vehicle transportation, and periodic testing and
inspection requirements in Part 180). These amendments will ensure that
bulk packagings constructed in accordance with the Canadian
specifications will conform to all applicable HMR requirements when
operated in the United States, thus maintaining the level of safety
currently achieved under the HMR.
We note concerning this provision that shippers may use a portable
tank, cargo tank motor vehicle or rail tank car equivalent to a
corresponding DOT specification and conforming to and authorized by the
Transport Canada TDG Regulations provided an equivalent type of
packaging is authorized for the hazardous material in the HMR.
Generally, an equivalent type of packaging will be one with same
specification number as a U.S. packaging. Thus, an equivalent type of
packaging to the MC 331 cargo tank authorized in the HMR is the TC 331
cargo tank authorized in the TDG regulations.
As proposed in the NPRM, in Sec. 171.26 (previously Sec.
171.12a(a)), we are removing the statement concerning TDG reciprocal
provisions for U.S. shipments. The statement is not regulatory in
nature and, therefore, is not appropriate for inclusion in the HMR. We
also are removing the information currently contained in Sec.
171.12a(b) that tells the reader how to obtain copies of the Transport
Canada TDG Regulations; this is covered in the Reference Material
provisions of Sec. 171.7.
E. Combustible Liquids
In the NPRM, we stated that under the HMR, a material with a
flashpoint of 38 [deg]C (100 [deg]F) or more but less than 60.5 [deg]C
(141 [deg]F), may be classed as a combustible liquid when packaged in a
non-bulk package. Since publication of the NPRM, a final rule under
Docket PHMSA-06-25476 (HM-215I) at 71 FR 78596 published on December
29, 2006, adopted an amendment to revise the combustible liquid
definition's lower limit to 60 [deg]C (140 [deg]F). Therefore, based on
the new definition, such materials are not subject to the provisions of
the HMR when transported by highway or rail. However, these same
materials are regulated as flammable liquids when transported by vessel
in accordance with the IMDG Code or by air under the ICAO Technical
Instructions. In the NPRM, we proposed to add a statement to new Sec.
171.23 indicating that a material reclassed as a combustible liquid
under the HMR may require classification as a flammable liquid when
offered for transportation or transported internationally.
ATA comments that the proposed language is permissive and fails to
establish a specific standard for the transportation of combustible
liquids under the international standards. Upon reconsideration, we
agree that recommendatory language generally is not appropriate for
inclusion in regulatory text. Therefore, we are not adopting the
provision in this final rule.
ATA further suggests that, in the short term, flammable liquids
reclassed as combustible liquids should continue to be excepted from
placarding requirements and, in the long term, the combustible liquids
classification should be abolished. ATA's comments are beyond the scope
of this rulemaking; we will consider them in a future rulemaking.
A material with a flashpoint greater than 60 [deg]C (140 [deg]F) is
not regulated as a hazardous material under the ICAO Technical
Instructions or the IMDG Code; however, a material with a flashpoint
between 60 [deg]C (140 [deg]F) and 93 [deg]C (200 [deg]F) is regulated
as a combustible liquid under the HMR. When transported in bulk
packages, a combustible liquid must be placarded with a COMBUSTIBLE
placard (see Sec. 172.544). The COMBUSTIBLE placard is not recognized
overseas; therefore, shipments prepared in accordance with the HMR may
be frustrated internationally by inspectors and enforcement personnel
who are not familiar with the U.S. requirements. To avoid such
frustration, shippers and carriers may remove the COMBUSTIBLE placard
prior to placing the shipment on board a vessel for overseas shipment.
However, these efforts are complicated by the requirement for the
COMBUSTIBLE placard to remain on bulk packages while in the United
States. Shipments originating overseas and bound for the United States
encounter a similar problem when the shipment arrives in the United
States, and the COMBUSTIBLE placard must be affixed prior to the
shipment's movement. In the NPRM, we proposed to provide an exception
from placarding for bulk shipments of combustible liquids in port
areas.
DGAC and VOHMA support the proposal to except combustible liquids
shipments from placarding requirements in port areas. Both
organizations view the proposal as a positive solution to the problem
of incompatible domestic and international regulations applicable to
the transportation of combustible liquids.
Air Products and Owen Bugg express reservations regarding the
proposed exception. These commenters state that under the proposed
exception, shipments could sit at a port for several days without
information for emergency responders. The commenters add that this may
lead to segregation and enforcement complications because ``port area''
is not defined under the HMR, and enforcement officers may have varying
interpretations of its meaning. The commenters suggest clarifying the
issue by defining ``port area.''
Based on the comments received as well as our own additional
analysis and review, we believe several issues as they relate to the
use of placards for combustible liquids must be further studied before
we modify regulations for domestic shipments of materials to
international destinations. Among the issues that need further review,
clarification and development are the definition of ``port area,''
hazard communications, emergency responder notification and other
related critical safety issues. Therefore, in this final rule, we are
not adopting the exception as proposed in the NPRM. However, we will
continue to consider this issue as part of a review of all the
regulatory requirements applicable to combustible liquids, as discussed
in the following paragraph.
VOHMA raised a number of additional concerns about combustible
liquids including concerns about improper documentation of flammable
liquids with a flashpoint above 38 [deg]C (93 [deg]F) that are
reclassed as combustible liquids being improperly transported by
[[Page 25168]]
vessel. These issues are beyond the scope of this rulemaking. However,
PHMSA has initiated a review of the regulations applicable to the
transportation of combustible liquids. This review will consider the
transportation risk posed by these materials and differences between
the domestic and international requirements for combustible liquids
with a view towards determining whether the domestic regulations should
be modified to more appropriately address the transportation risks of
these materials. This effort will include a review of classification
criteria, packaging requirements, shipping documentation, and hazard
communication.
F. Cylinders in Port Area
In the NPRM, we proposed to consolidate current provisions
governing the limitations on the use of international standards for the
transportation of hazardous materials in cylinders. We did not propose
changes to the conditions under which non-DOT specification cylinders
may be used within the United States. Since publication of the NPRM,
PHMSA published a final rule under Docket Number HM-220E (June 12,
2006; 71 FR 33858) adopting standards for the design, construction,
maintenance, and use of cylinders and multiple element gas containers
contained in the UN Recommendations. The HM-220E final rule revised
current Sec. 171.12 to specify the conditions and limitations on the
use of UN cylinders in the United States. In this final rule, we are
incorporating without change the revised provisions of Sec. 171.12
into new Sec. 171.23(a).
Additionally, we moved the cylinder import/export requirements from
current paragraphs (k) and (l) in Sec. 173.301 to new Sec. 171.23 and
the Canadian cylinder requirements from paragraph (m) of Sec. 173.301
to new Sec. 171.26. Section 173.301(j) is revised and paragraph (n) is
redesignated as paragraph (k).
G. Authorization To Use TC Specification Cylinders
Currently, the HMR authorize the use of Canadian Transport
Commission (CTC) specification cylinders that are manufactured,
originally marked, and approved in accordance with the Transport Canada
TDG Regulations and in full conformance with the TDG Regulations,
provided certain requirements are met. In the NPRM, we proposed to
expand this authorization to include Transport Canada (TC)
specification cylinders. We received a comment from the National
Propane Gas Association (NPGA) supporting the facilitation of
international transportation of hazardous materials, but raising
concerns about our proposal. NPGA questions whether the markings on the
cylinders will be in metric units and recommends that we authorize dual
markings in both metric and non-metric units of measurements.
Upon revisiting the issue, we realized that in addition to the
marking requirements, the HMR would need updating to reflect the
correct filling and requalification cites applicable to the TC
cylinders. The proposed authorization for use of TC cylinders is not
being adopted in this final rule; however, PHMSA will address TC
cylinders in an upcoming rulemaking.
G. Training Requirements
Currently, the HMR permit training related to the requirements of
the ICAO Technical Instructions and the IMDG Code as an alternative to
function specific training on the requirements of the HMR. In the NPRM,
we proposed to require hazmat employees to be provided training on the
international standards in addition to function-specific training on
the requirements of the HMR.
Four commenters (DGAC, Croplife, AAR, and ATA) object to the
proposed revision to the training requirements. DGAC and Croplife note
their understanding that the current function-specific training
provisions require training on those sections of the ICAO Technical
Instructions or IMDG Code that are relevant to a hazmat employee's
responsibilities. DGAC and Croplife suggest that revised language is
unnecessary and could result in confusion on the degree to which the
additional training is required. DGAC and Croplife recommend we clarify
this issue through guidance rather then rulemaking. AAR expresses
concern that, since the revision was not discussed in the preamble to
the NPRM, it is unclear what additional training would be required, why
it is necessary, or the cost implications for the industry. ATA
suggests it will be extremely difficult and expensive to train truck
drivers on the requirements of both the HMR and the international
regulations.
DGAC and Croplife are correct that, under the current function
specific training requirements in Sec. 172.704, hazmat employees
should be trained on those sections of the ICAO Technical Instructions
or IMDG Code that apply to a hazmat employee's responsibilities.
However, we agree with those commenters who suggest that we do not
currently have adequate information on the potential impacts of the
proposed revision to mandate training for hazmat employees on the
international standards in addition to function-specific training on
the requirements of the HMR. Therefore, we are not adopting it in this
final rule. We may consider this issue in a future rulemaking.
H. Incorporating Complete Text
As proposed in the NPRM, we are minimizing references in the
regulatory text to other sections and parts of the HMR by incorporating
the complete text for certain requirements in place of the reference
number. This revision is being made to facilitate use of the HMR by
minimizing the frequency with which the user will need to refer to
other sections of the HMR.
III. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
Under Sec. 5120(b) of Federal hazmat law, the Secretary of
Transportation must ensure that, to the extent practicable, regulations
governing the transportation of hazardous materials in commerce are
consistent with standards adopted by international authorities. We are
making revisions to the requirements authorizing the use of
international standards and regulations in the United States. The
continually increasing amount of hazardous materials transported in
international commerce warrants harmonization of domestic and
international requirements to the greatest extent possible.
Harmonization serves to facilitate international transportation; more
importantly, harmonization ensures the safety of people, property, and
the environment by reducing the potential for confusion and
misunderstanding that could result if shippers and transporters were
required to comply with two or more conflicting sets of regulatory
requirements.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. This final rule is a non-significant
rule under the Regulatory Policies and Procedures of the Department of
Transportation [44 FR 11034].
This final rule reorganizes and clarifies the conditions and
limitations on the use of international standards and regulations for
transporting hazardous materials in the United
[[Page 25169]]
States. The final rule also removes unnecessary and outdated
requirements and includes provisions to increase shipper flexibility
for the transport of hazardous materials. The final rule imposes a new
requirement for shippers to provide a shipper's certification for
shipments transported into the United States under the Transport Canada
TDG Regulations. Such a certification is already required under the
HMR, ICAO Technical Instructions, and IMDG Code, and we believe that
most Canadian shippers already include such a certification on
shipments into the United States. Moreover, we are providing a two-year
transition period to minimize potential cost impacts. The final rule
also provides for expanded exceptions concerning the use of bulk
packagings manufactured in accordance with Canadian standards. The
exceptions provide increase flexibility for both shippers and carriers
and will facilitate the international transportation of hazardous
materials, thereby reducing overall transportation costs, while
maintaining the current level of safety currently achieved under the
HMR.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). Any
rule resulting from this rulemaking will preempt State, local and
Indian tribe requirements but will not have 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 hazmat law contains an express preemption provision (49
U.S.C. 5125(b)) that preempts State, local, and Indian tribe
requirements on certain covered subjects. Covered subjects are:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses covered subject items (1), (2), (3), and
(5) above and would preempt State, local, and Indian tribe requirements
not meeting the ``substantively the same'' standard. Federal hazmat 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 for this
rule is August 1, 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
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 the rule is not expected to have a
significant impact on a substantial number of small entities. While the
requirements in this final rule apply to a substantial number of small
entities, there will not be a significant economic impact on those
small entities.
Identification of potentially affected small entities. Businesses
likely to be affected by the rule are persons who offer for
transportation or transport hazardous materials in commerce, including
hazardous materials manufacturers and distributors; transportation
companies, including air, highway, rail, and vessel carriers; hazardous
waste generators; and container and packaging manufacturers.
Unless alternative definitions have been established by the agency
in consultation with the Small Business Administration (SBA), the
definition of ``small business'' has the same meaning as under the
Small Business Act. Because no such special definition has been
established, we employ the thresholds published by SBA for
establishments that will be subject to the adopted amendments. Based on
data for 2002 compiled by the U.S. Census Bureau, upwards of 95 percent
of persons that would be affected by this rule are small businesses.
Reporting and recordkeeping requirements. This final rule includes
no new requirements for reporting or recordkeeping.
Related Federal rules and regulations. There are no related Federal
rules or regulations governing the transportation of hazardous
materials in domestic or international commerce.
Alternate proposals for small businesses. The Regulatory
Flexibility Act directs agencies to establish exceptions and differing
compliance standards for small businesses, where it is possible to do
so and still meet the objectives of applicable regulatory statutes. In
the case of hazardous materials transportation, it is not possible to
establish exceptions or differing standards and still accomplish our
safety objectives.
Conclusion. While the final rule will apply to a substantial number
of small entities, there will not be a significant impact on those
entities. This final rule reorganizes and clarifies the conditions and
limitations on the use of international standards and regulations for
transporting hazardous materials in the United States. The final rule
also removes unnecessary and outdated requirements and includes
expanded exceptions to increase shipper flexibility for the transport
of hazardous materials to Canada. The exceptions provide increased
flexibility for both shippers and carriers and will facilitate the
international transportation of hazardous materials, thereby reducing
overall transportation costs, while maintaining the safety standard
currently achieved under the HMR.
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
rules on small entities are properly considered.
F. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
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
[[Page 25170]]
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) (42 U.S.C.
4321 et seq.) requires each Federal agency to consider and analyze the
environmental consequences of its actions. The analysis helps determine
if the action is a major action that may significantly affect the
quality of the human environment.
We regulate hazardous materials transported by aircraft, vessel,
rail, and highway. The potential for environmental damage or
contamination exists when packages of hazardous materials are involved
in accidents or en route incidents resulting from cargo shifts, valve
failures, package failures, or loading, unloading, or handling
problems. The ecosystems that could be affected by a release include
air, water, soil, and ecological resources (for example, wildlife
habitats). The adverse environmental impacts associated with releases
of most hazardous materials are short-term impacts that can be greatly
reduced or eliminated through prompt clean up of the accident scene.
Most hazardous materials are not transported in quantities sufficient
to cause significant, long-term environmental damage if they are
released.
The hazardous material regulatory system is a risk management
system that is prevention oriented and focused on identifying a hazard
and reducing the probability and quantity of a hazardous material
release. Hazardous materials are categorized by hazard analysis and
experience into hazard classes and packing groups. The regulations
require each shipper to classify a material in accordance with these
hazard classes and packing groups; the process of classifying a
hazardous material is itself a form of hazard analysis. Further, the
regulations require the shipper to communicate the material's hazards
through use of the hazard class, packing group, and proper shipping
name on the shipping paper and the use of labels on packages and
placards on transport vehicles. Thus the shipping paper, labels, and
placards communicate the most significant findings of the shipper's
hazard analysis. A hazardous material is assigned to one of three
packing groups based upon its degree of hazard, from a high hazard,
Packing Group I to a low hazard, Packing Group III material. The
quality, damage resistance, and performance standards of the packaging
in each packing group are appropriate for the hazards of the material
transported.
The changes made to the HMR in this final rule will improve the
effectiveness of the HMR by clarifying the conditions under which
international transport standards and regulations may be used for
shipments transported in the United States. When used as authorized in
this final rule, the international standards and regulations provide an
equivalent level of safety and environmental protection as the HMR.
Therefore, there are no significant environmental impacts associated
with this final rule.
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), which may also be found at 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,
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, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
0
In consideration of the foregoing, we are amending 49 CFR Chapter I 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.
0
2. In part 171, designate Sec. Sec. 171.1 through 171.14 as subpart A
and add a new subpart A heading immediately before Sec. 171.1 to read
as follows:
Subpart A--Applicability, General Requirements, and North American
Shipments
* * * * *
Sec. 171.7 [Revised]
0
3. In Sec. 171.7, in paragraph (a)(3), in the Table of Material
Incorporated by Reference, the following changes are made:
0
a. The entry ``Canadian General Standards Board'' is added in
alphabetical order.
0
b. Under the entry ``International Atomic Energy Agency (IAEA),''
revise the entry ``IAEA, Regulations for the Safe Transport of
Radioactive Material, 1996 Edition (Revised), No. TS-R-1 (ST-1,
Revised)'' by adding the words ``(IAEA Regulations)'' after the wording
``Regulations for the Safe Transport of Radioactive Material'', and in
the second column, remove ``171.12'' and add ``171.22; 171.23; 171.26''
in its place.
0
c. Under the entry ``International Civil Aviation Organization
(ICAO)'', in the entry ``Technical Instructions for the Safe Transport
of Dangerous Goods by Air (ICAO Technical Instructions), 2007-2008
Edition'', in the second column, remove ``171.11'' and add ``171.22;
171.23; 171.24; 175.33'' in its place.
0
d. Under the entry ``International Maritime Organization (IMO)'', in
the entry ``International Maritime Dangerous Goods Code (IMDG Code),
2006 Edition, Incorporating Amendment 33-06 (English Edition), Volumes
1 and 2'', in the second column, remove ``171.12'' and add ``171.22;
171.23; 171.25'' in its place.
0
e. Under the entry ``Transport Canada'', revise the entire entry for
``Transportation of Dangerous Goods (TDG) Regulations, August 2001
[[Page 25171]]
including Clear Language Amendments SOR/2001-286, Amendment 1 (SOR/
2002-306) August 8, 2002; Amendment 2 (SOR/2003-273) July 24, 2003; and
Amendment 3 (SOR/2003-400) December 3, 2003.''
0
f. Under the entry ``United Nations'', revise the entry ``UN
Recommendations on the Transport of Dangerous Goods (UN
Recommendations), Fourteenth revised edition (2005), Volumes I and
II'', in the second column, remove ``171.12'' and add ``171.28'' in its
place, and add ``173.56'' in appropriate numerical order.
The additions read as follows:
Sec. 171.7 Reference material.
(a) * * *
(3) Table of material incorporated by reference.
* * * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
Canadian General Standards Board, 171.12
Place du Portage III, 6B1 11.
Laurier Street, Gatineau, Quebec,
Canada K1A 1G6
National Standard of Canada (CAN/
CGSB 43.147--2005)
Construction, Modification,
Qualification, Maintenance, and
Selection and Use of Means of
Containment for the Handling,
Offering for Transport, or
Transportation of Dangerous
Goods by Rail.
* * * * * * *
Transport Canada * * *
Transportation of Dangerous 171.12; 171.22; 171.23; 172.401;
Goods Regulations (Transport 172.502; 172.519; 172.602;
Canada TDG Regulations), August 173.31; 173.32; 173.33
2001 including Clear Language
Amendments SOR/2001-286,
Amendment 1 (SOR/2002-306)
August 8, 2002; Amendment 2
(SOR/2003-273) July 24, 2003;
Amendment 3 (SOR/2003-400)
December 3, 2003; Amendment 4
(SOR/2005-216) July 13, 2005;
and Amendment 5 (SOR/2005-279)
September 21, 2005.
* * * * * * *
------------------------------------------------------------------------
Sec. Sec. 171.11 [Removed and Reserved]
0
4. Remove and reserve Sec. Sec. 171.11.
0
5. Revise the section heading for Sec. 171.12; revise paragraph (a);
remove paragraphs (b), (c), and (d); and redesignate paragraph (e) as
paragraph (b), to read as follows:
Sec. 171.12 North American Shipments.
(a) Requirements for the use of the Transport Canada TDG
Regulations. (1) A hazardous material transported from Canada to the
United States, from the United States to Canada, or transiting the
United States to Canada or a foreign destination may be offered for
transportation or transported by motor carrier and rail in accordance
with the Transport Canada TDG Regulations (IBR, see Sec. 171.7) as
authorized in Sec. 171.22, provided the requirements in Sec. Sec.
171.22 and 171.23, as applicable, and this section are met. In
addition, a cargo tank motor vehicle, portable tank or rail tank car
authorized by the Transport Canada TDG Regulations may be used for
transportation to, from, or within the United States provided the cargo
tank motor vehicle, portable tank or rail tank car conforms to the
applicable requirements of this section. Except as otherwise provided
in this subpart, the requirements in parts 172, 173, and 178 of this
subchapter do not apply for a material transported in accordance with
the Transport Canada TDG Regulations if all other requirements of this
subpart and the TDG Regulations are met.
(2) General packaging requirements. When the provisions of this
subchapter require a DOT specification or UN standard packaging to be
used for transporting a hazardous material, a packaging authorized by
the Transport Canada TDG Regulations may be used, subject to the
limitations of this subpart, and only if it is equivalent to the
corresponding DOT specification or UN packaging (see Sec. 173.24(d)(2)
of this subchapter) authorized by this subchapter.
(3) Bulk packagings. A portable tank, cargo tank motor vehicle or
rail tank car equivalent to a corresponding DOT specification and
conforming to and authorized by the Transport Canada TDG Regulations
may be used provided--
(i) An equivalent type of packaging is authorized for the hazardous
material according to the Sec. 172.101 table of this subchapter;
(ii) The portable tank, cargo tank motor vehicle or rail tank car
conforms to the requirements of the applicable part 173 bulk packaging
section specified in the Sec. 172.101 table for the material to be
transported;
(iii) The portable tank, cargo tank motor vehicle or rail tank car
conforms to the requirements of all assigned bulk packaging special
provisions (B codes, and T and TP codes) in Sec. 172.102 of this
subchapter; and
(iv) The bulk packaging conforms to all applicable requirements of
Sec. Sec. 173.31, 173.32, 173.33 and 173.35 of this subchapter, and
parts 177 and 180 of this subchapter. The periodic retests and
inspections required by Sec. Sec. 173.31, 173.32 and 173.33 of this
subchapter may be performed in accordance with part 180 of this
subchapter or in accordance with the requirements of the TDG
Regulations provided that the intervals prescribed in part 180 of this
subchapter are met.
(v) Rail tank cars must conform to the requirements of Canadian
General Standards Board standard 43.147 (IBR, see Sec. 171.7).
(4) Cylinders. When the provisions of this subchapter require that
a DOT specification or a UN pressure receptacle must be used for a
hazardous material, a packaging authorized by the Transport Canada TDG
Regulations may be used only if it corresponds to the DOT specification
or UN standard authorized by this subchapter. Unless otherwise excepted
in this subchapter, a cylinder (including a UN pressure receptacle) may
not be transported unless--
(i) The packaging is a UN pressure receptacle marked with the
letters ``CAN'' for Canada as a country of manufacture or a country of
approval or is a cylinder that was manufactured, inspected and tested
in accordance with a DOT specification or a UN standard prescribed in
part 178 of this subchapter, except that cylinders not conforming to
these requirements must meet the requirements in Sec. 171.23. Each
cylinder must conform to the applicable requirements in part 173 of
this subchapter for the hazardous material involved.
[[Page 25172]]
(ii) The packaging is a Canadian Transport Commission (CTC)
specification cylinder manufactured, originally marked and approved in
accordance with the CTC regulations and in full conformance with the
Transport Canada TDG Regulations.
(A) The CTC specification corresponds with a DOT specification and
the cylinder markings are the same as those specified in this
subchapter except that they were originally marked with the letters
``CTC'' in place of ``DOT'';
(B) The cylinder has been requalified under a program authorized by
the Transport Canada TDG Regulations or requalified in accordance with
the requirements in Sec. 180.205 within the prescribed requalification
period provided for the corresponding DOT specification;
(C) When the regulations authorize a cylinder for a specific
hazardous material with a specification marking prefix of ``DOT'', a
cylinder marked ``CTC'' which otherwise bears the same markings that
would be required of the specified ``DOT'' cylinder may be used; and
(D) Transport of the cylinder and the material it contains is in
all other respects in conformance with the requirements of this
subchapter (e.g. valve protection, filling requirements, operational
requirements, etc.).
(5) Class 1 (explosive) materials. When transporting Class 1
(explosive) material, rail and motor carriers must comply with 49 CFR
1572.9 and 1572.11 to the extent the requirements apply.
* * * * *
Sec. 171.12a [Removed and Reserved]
0
6. Remove and reserve Sec. 171.12a.
0
7. In part 171, designate Sec. Sec. 171.15 through 171.21 as subpart B
and add a new Subpart B heading immediately before Sec. 171.15 to read
as follows:
Subpart B--Incident Reporting, Notification, BOE Approvals and
Authorization
* * * * *
0
8. In part 171, add new Subpart C to read as follows:
Subpart C--Authorization and Requirements for the Use of
International Transport Standards and Regulations
Sec.
171.22 Authorization and conditions for the use of international
standards and regulations.
171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code,
Transport Canada TDG Regulations, or the IAEA Regulations.
171.24 Additional requirements for the use of the ICAO Technical
Instructions.
171.25 Additional requirements for the use of the IMDG Code.
171.26 Additional requirements for the use of the IAEA Regulations.
Sec. 171.22 Authorization and conditions for use of international
standards and regulations.
(a) Authorized international standards and regulations. This
subpart authorizes, with certain conditions and limitations, the
offering for transportation and the transportation in commerce of
hazardous materials to, from, or within the United States in accordance
with the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
Technical Instructions), the International Maritime Dangerous Goods
Code (IMDG Code), Transport Canada's Transportation of Dangerous Goods
Regulations (Transport Canada TDG Regulations), and the International
Atomic Energy Agency Regulations for the Safe Transport of Radioactive
Material (IAEA Regulations) (IBR, see Sec. 171.7).
(b) Limitations on the use of international standards and
regulations. A hazardous material that is offered for transportation or
transported in accordance with the international standards and
regulations authorized in paragraph (a) of this section--
(1) Is subject to the requirements of the applicable international
standard or regulation and must be offered for transportation or
transported in conformance with the applicable standard or regulation;
and
(2) Must conform to all applicable requirements of this subpart.
(c) Materials excepted from regulation under international
standards and regulations. A material designated as a hazardous
material under this subchapter, but excepted from or not subject to the
international transport standards and regulations authorized in
paragraph (a) of this section (e.g., paragraph 1.16 of the Transport
Canada TDG Regulations excepts from regulation quantities of hazardous
materials less than or equal to 500 kg gross transported by rail) must
be transported in accordance with all applicable requirements of this
subchapter.
(d) Materials not regulated under this subchapter. Materials not
designated as hazardous materials under this subchapter but regulated
by an international transport standard or regulation authorized in
paragraph (a) of this section may be offered for transportation and
transported in the United States in full compliance (i.e., packaged,
marked, labeled, classed, described, stowed, segregated, secured) with
the applicable international transport standard or regulation.
(e) Forbidden materials. No person may offer for transportation or
transport a hazardous material that is a forbidden material or package
as designated in--
(1) Section 173.21 of this subchapter;
(2) Column (3) of the Sec. 172.101 Table of this subchapter;
(3) Column (9A) of the Sec. 172.101 Table of this subchapter when
offered for transportation or transported on passenger aircraft or
passenger railcar; or
(4) Column (9B) of the Sec. 172.101 Table of this subchapter when
offered for transportation or transported by cargo aircraft.
(f) Complete information and certification. (1) Except for
shipments into the United States from Canada conforming to Sec.
171.12, each person importing a hazardous material into the United
States must provide the forwarding agent at the place of entry into the
United States timely and complete written information as to the
requirements of this subchapter applicable to the particular shipment.
(2) After May 4, 2009, the shipper, directly or through the
forwarding agent at the place of entry, must provide the initial U.S.
carrier with the shipper's certification required by Sec. 172.204 of
this subchapter, unless the shipment is otherwise excepted from the
certification requirement. Except for shipments for which the
certification requirement does not apply, a carrier may not accept a
hazardous material for transportation unless provided a shipper's
certification.
(3) All shipping paper information and package markings required in
accordance with this subchapter must be in English. The use of shipping
papers and a package marked with both English and a language other than
English, in order to dually comply with this subchapter and the
regulations of a foreign entity, is permitted under this subchapter.
(4) Each person who provides for transportation or receives for
transportation (see Sec. Sec. 174.24, 175.30, 176.24 and 177.817 of
this subchapter) a shipping paper must retain a copy of the shipping
paper or an electronic image thereof that is accessible at or through
its principal place of business in accordance with Sec. 172.201(e) of
this part.
(g) Additional requirements for the use of international standards
and
[[Page 25173]]
regulations. All shipments offered for transportation or transported in
the United States in accordance with this subpart must conform to the
following requirements of this subchapter, as applicable:
(1) The emergency response information requirements in subpart G of
part 172 of this subchapter;
(2) The training requirements in subpart H of part 172 of this
subchapter, including function-specific training in the use of the
international transport standards and regulations authorized in
paragraph (a) of this section, as applicable;
(3) The security requirements in subpart I of part 172 of this
subchapter;
(4) The incident reporting requirements in Sec. Sec. 171.15 and
171.16 of this part for incidents occurring within the jurisdiction of
the United States including on board vessels in the navigable waters of
the United States and aboard aircraft of United States registry
anywhere in air commerce;
(5) The general packaging requirements in Sec. Sec. 173.24 and
173.24a of this subchapter;
(6) The requirements for the reuse, reconditioning, and
remanufacture of packagings in Sec. 173.28 of this subchapter; and
(7) The registration requirements in subpart G of part 107 of this
chapter.
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
All shipments offered for transportation or transported in the
United States under the ICAO Technical Instructions, IMDG Code,
Transport Canada TDG Regulations, or the IAEA Regulations (IBR, see
Sec. 171.7) must conform to the requirements of this section, as
applicable.
(a) Conditions and requirements for cylinders--(1) Except as
provided in this paragraph, a filled cylinder (pressure receptacle)
manufactured to other than a DOT specification or a UN standard in
accordance with part 178 of this subchapter, or a DOT exemption or
special permit cylinder or a cylinder used as a fire extinguisher in
conformance with Sec. 173.309(a) of this subchapter, may not be
transported to, from, or within the United States.
(2) Cylinders (including UN pressure receptacles) transported to,
from, or within the United States must conform to the applicable
requirements of this subchapter. Unless otherwise excepted in this
subchapter, a cylinder must not be transported unless--
(i) The cylinder is manufactured, inspected and tested in
accordance with a DOT specification or a UN standard prescribed in part
178 of this subchapter, except that cylinders not conforming to these
requirements must meet the requirements in paragraphs (a)(3), (a)(4) or
(a)(5) of this section;
(ii) The cylinder is equipped with a pressure relief device in
accordance with Sec. 173.301(f) of this subchapter and conforms to the
applicable requirements in part 173 of this subchapter for the
hazardous material involved;
(iii) The openings on an aluminum cylinder in oxygen service
conform to the requirements of this paragraph, except when the cylinder
is used for aircraft parts or used aboard an aircraft in accordance
with the applicable airworthiness requirements and operating
regulations. An aluminum DOT specification cylinder must have an
opening configured with straight (parallel) threads. A UN pressure
receptacle may have straight (parallel) or tapered threads provided the
UN pressure receptacle is marked with the thread type, e.g. ``17E, 25E,
18P, or 25P'' and fitted with the properly marked valve; and
(iv) A UN pressure receptacle is marked with ``USA'' as a country
of approval in conformance with Sec. Sec. 178.69 and 178.70 of this
subchapter.
(3) Importation of cylinders for discharge within a single port
area: A cylinder manufactured to other than a DOT specification or UN
standard in accordance with part 178 of this subchapter and certified
as being in conformance with the transportation regulations of another
country may be authorized, upon written request to and approval by the
Associate Administrator, for transportation within a single port area,
provided--
(i) The cylinder is transported in a closed freight container;
(ii) The cylinder is certified by the importer to provide a level
of safety at least equivalent to that required by the regulations in
this subchapter for a comparable DOT specification or UN cylinder; and
(iii) The cylinder is not refilled for export unless in compliance
with paragraph (a)(3) of this section.
(4) Filling of cylinders for export or for use on board a vessel: A
cylinder not manufactured, inspected, tested and marked in accordance
with part 178 of this subchapter, or a cylinder manufactured to other
than a UN standard, DOT specification, exemption or special permit, may
be filled with a gas in the United States and offered for
transportation and transported for export or alternatively, for use on
board a vessel, if the following conditions are met:
(i) The cylinder has been requalified and marked with the month and
year of requalification in accordance with subpart C of part 180 of
this subchapter, or has been requalified as authorized by the Associate
Administrator;
(ii) In addition to other requirements of this subchapter, the
maximum filling ensity, service pressure, and pressure relief device
for each cylinder conform to the requirements of this part for the gas
involved; and
(iii) The bill of lading or other shipping paper identifies the
cylinder and includes the following certification: ``This cylinder has
(These cylinders have) been qualified, as required, and filled in
accordance with the DOT requirements for export.''
(5) Cylinders not equipped with pressure relief devices: A DOT
specification or a UN cylinder manufactured, inspected, tested and
marked in accordance with part 178 of this subchapter and otherwise
conforms to the requirements of part 173 for the gas involved, except
that the cylinder is not equipped with a pressure relief device may be
filled with a gas and offered for transportation and transported for
export if the following conditions are met:
(i) Each DOT specification cylinder or UN pressure receptacle must
be plainly and durably marked ``For Export Only'';
(ii) The shipping paper must carry the following certification:
``This cylinder has (These cylinders have) been retested and refilled
in accordance with the DOT requirements for export.''; and
(iii) The emergency response information provided with the shipment
and available from the emergency response telephone contact person must
indicate that the pressure receptacles are not fitted with pressure
relief devices and provide appropriate guidance for exposure to fire.
(b) Conditions and requirements specific to certain materials--(1)
Aerosols. Except for a limited quantity of a compressed gas in a
container of not more than 4 fluid ounces capacity meeting the
requirements in Sec. 173.306(a)(1) of this subchapter, the proper
shipping name ``Aerosol,'' UN1950, may be used only for a non-
refillable receptacle containing a gas compressed, liquefied, or
dissolved under pressure the sole purpose of which is to expel a
nonpoisonous (other than Division 6.1, Packing Group III material)
liquid, paste, or powder and fitted with a self-closing release device
(see Sec. 171.8). In addition, an aerosol must be in a metal packaging
when the packaging exceeds 7.22 cubic inches.
(2) Air bag inflator, air bag module and seat-belt pretensioner.
For each
[[Page 25174]]
approved air bag inflator, air bag module and seat-belt pretensioner,
the shipping paper description must conform to the requirements in
Sec. 173.166(c) of this subchapter.
(i) The EX number or product code must be included in association
with the basic shipping description. When a product code is used, it
must be traceable to the specific EX number assigned to the inflator,
module or seat-belt pretensioner by the Associate Administrator. The EX
number or product code is not required to be marked on the outside
package.
(ii) The proper shipping name ``Articles, pyrotechnic for technical
purposes, UN0431'' must be used for all air bag inflators, air bag
modules, and seat-belt pretensioners meeting the criteria for a
Division 1.4G material.
(3) Chemical oxygen generators. Chemical oxygen generators must be
approved, classed, described, packaged, and transported in accordance
with the requirements of this subchapter.
(4) Class 1 (explosive) materials. Prior to being transported,
Class 1 (explosive) materials must be approved by the Associate
Administrator in accordance with Sec. 173.56 of this subchapter. Each
package containing a Class 1 (explosive) material must conform to the
marking requirements in Sec. 172.320 of this subchapter.
(5) Hazardous substances. Except for Class 7 (radioactive)
materials, a material meeting the definition of a hazardous substance
as defined in Sec. 171.8, must conform to the shipping paper
requirements in Sec. 172.203(c) of this subchapter and the marking
requirements in Sec. 172.324 of this subchapter:
(i) The proper shipping name must identify the hazardous substance
by name, or the name of the substance must be entered in parentheses in
association with the basic description and marked on the package in
association with the proper shipping name. If the hazardous substance
meets the definition for a hazardous waste, the waste code (for
example, D001), may be used to identify the hazardous substance;
(ii) The shipping paper and the package markings must identify at
least two hazardous substances with the lowest reportable quantities
(RQs) when the material contains two or more hazardous substances; and
(iii) The letters ``RQ'' must be entered on the shipping paper
either before or after the basic description, and marked on the package
in association with the proper shipping name for each hazardous
substance listed.
(6) Hazardous wastes. A material meeting the definition of a
hazardous waste (see Sec. 171.8) must conform to the following:
(i) The shipping paper and the package markings must include the
word ``Waste'' immediately preceding the proper shipping name;
(ii) The shipping paper must be retained by the shipper and by each
carrier for three years after the material is accepted by the initial
carrier (see Sec. 172.205(e)(5)); and
(iii) A hazardous waste manifest must be completed in accordance
with Sec. 172.205 of this subchapter.
(7) Marine pollutants. Except for marine pollutants (see Sec.
171.8) transported in accordance with the IMDG Code, marine pollutants
transported in bulk packages must meet the shipping paper requirements
in Sec. 172.203(l) of this subchapter and the package marking
requirements in Sec. 172.322 of this subchapter.
(8) Organic peroxides. Organic peroxides not identified by
technical name in the Organic Peroxide Table in Sec. 173.225(b) of
this subchapter must be approved by the Associate Administrator in
accordance with Sec. 173.128(d) of this subchapter.
(9) Poisonous materials, Division 6.1. Division 6.1 hazardous
materials transported as limited quantities are not excepted from
labeling (see Sec. 173.153(b)).
(10) Poisonous by inhalation materials. A material poisonous by
inhalation (see Sec. 171.8) must conform to the following
requirements:
(i) The words ``Poison-Inhalation Hazard'' or ``Toxic-Inhalation
Hazard'' and the words ``Zone A,'' ``Zone B,'' ``Zone C,'' or ``Zone
D'' for gases, or ``Zone A'' or ``Zone B'' for liquids, as appropriate,
must be entered on the shipping paper immediately following the basic
shipping description. The word ``Poison'' or ``Toxic'' or the phrase
``Poison-Inhalation Hazard'' or ``Toxic-Inhalation Hazard'' need not be
repeated if it otherwise appears in the shipping description;
(ii) The material must be packaged in accordance with the
requirements of this subchapter;
(iii) The package must be marked in accordance with Sec. 172.313
of this subchapter; and
(iv) Except as provided in subparagraph (B) of this paragraph
(b)(10)(iv) and for a package containing anhydrous ammonia prepared in
accordance with the Transport Canada TDG Regulations, the package must
be labeled or placarded with POISON INHALATION HAZARD or POISON GAS, as
appropriate, in accordance with Subparts E and F of part 172 of this
subchapter.
(A) For a package transported in accordance with the IMDG Code in a
closed transport vehicle or freight container, a label or placard
conforming to the IMDG Code specifications for a ``Class 2.3'' or
``Class 6.1'' label or placard may be substituted for the POISON GAS or
POISON INHALATION HAZARD label or placard, as appropriate. The
transport vehicle or freight container must be marked with the
identification numbers for the hazardous material, regardless of the
total quantity contained in the transport vehicle or freight container,
in the manner specified in Sec. 172.313(c) of this subchapter and
placarded as required by subpart F of part 172 of this subchapter.
(B) For a package transported in accordance with the Transport
Canada TDG Regulations in a closed transport vehicle or freight
container, a label or placard conforming to the TDG Regulations
specifications for a ``Class 2.3'' or ``Class 6.1'' label or placard
may be substituted for the POISON GAS or POISON INHALATION HAZARD label
or placard, as appropriate. The transport vehicle or freight container
must be marked with the identification numbers for the hazardous
material, regardless of the total quantity contained in the transport
vehicle or freight container, in the manner specified in Sec.
172.313(c) of this subchapter and placarded as required by subpart F of
part 172 of this subchapter. While in transportation in the United
States, the transport vehicle or freight container may also be
placarded in accordance with the appropriate Transport Canada TDG
Regulations in addition to being placarded with the POISON GAS or
POISON INHALATION HAZARD placards.
(11) Class 7 (radioactive) materials. (i) Highway route controlled
quantities (see Sec. 173.403 of this subchapter) must be shipped in
accordance with Sec. Sec. 172.203(d)(4) and (d)(10); 172.507, and
173.22(c) of this subchapter;
(ii) For fissile materials and Type B, Type B(U), and Type B(M)
packagings, the competent authority certification and any necessary
revalidation must be obtained from the appropriate competent
authorities as specified in Sec. Sec. 173.471, 173.472, and 173.473 of
this subchapter, and all requirements of the certificates and
revalidations must be met;
(iii) Type A package contents are limited in accordance with Sec.
173.431 of this subchapter;
(iv) The country of origin for the shipment must have adopted the
edition
[[Page 25175]]
of TS-R-1 of the IAEA Regulations referenced in Sec. 171.7;
(v) The shipment must conform to the requirements of Sec. 173.448,
when applicable;
(vi) The definition for ``radioactive material'' in Sec. 173.403
of this subchapter must be applied to radioactive materials transported
under the provisions of this subpart;
(vii) Except for limited quantities, the shipment must conform to
the requirements of Sec. 172.204(c)(4) of this subchapter; and
(viii) Excepted packages of radioactive material, instruments or
articles, or articles containing natural uranium or thorium must
conform to the requirements of Sec. Sec. 173.421, 173.424, or 173.426
of this subchapter, as appropriate.
(12) Self-reactive materials. Self-reactive materials not
identified by technical name in the Self-reactive Materials Table in
Sec. 173.224(b) of this subchapter must be approved by the Associate
Administrator in accordance with Sec. 173.124(a)(2)(iii) of this
subchapter.
Sec. 171.24 Additional requirements for the use of the ICAO Technical
Instructions.
(a) A hazardous material that is offered for transportation or
transported within the United States by aircraft, and by motor vehicle
or rail either before or after being transported by aircraft in
accordance with the ICAO Technical Instructions (IBR, see Sec. 171.7),
as authorized in paragraph (a) of Sec. 171.22, must conform to the
requirements in Sec. 171.22, as applicable, and this section.
(b) Any person who offers for transportation or transports a
hazardous material in accordance with the ICAO Technical Instructions
must comply with the following additional conditions and requirements:
(1) All applicable requirements in parts 171 and 175 of this
subchapter (also see 14 CFR 121.135, 121.401, 121.433a, 135.323,
135.327 and 135.333);
(2) The quantity limits prescribed in the ICAO Technical
Instructions for transportation by passenger-carrying or cargo
aircraft, as applicable;
(3) The conditions or requirements of a United States variation,
when specified in the ICAO Technical Instructions.
(c) Highway transportation. For transportation by highway prior to
or after transportation by aircraft, a shipment must conform to the
applicable requirements of part 177 of this subchapter, and the motor
vehicle must be placarded in accordance with subpart F of part 172.
(d) Conditions and requirements specific to certain materials.
Hazardous materials offered for transportation or transported in
accordance with the ICAO Technical Instructions must conform to the
following specific conditions and requirements, as applicable:
(1) Batteries--(i) Nonspillable wet electric storage batteries.
Nonspillable wet electric storage batteries are not subject to the
requirements of this subchapter provided--
(A) The battery meets the conditions specified in Special Provision
67 of the ICAO Technical Instructions;
(B) The battery, its outer packaging, and any overpack are plainly
and durably marked ``NONSPILLABLE'' or ``NONSPILLABLE BATTERY''; and
(C) The batteries or battery assemblies are offered for
transportation or transported in a manner that prevents short
circuiting or forced discharge, including, but not limited to,
protection of exposed terminals.
(ii) Primary lithium batteries and cells. Primary lithium batteries
and cells may not be transported aboard passenger carrying aircraft.
Equipment containing or packed with primary lithium batteries or cells
may not be transported aboard passenger-carrying aircraft except as
provided in Sec. 172.102, Special Provision A101 or A103, of this
subchapter. Except for primary lithium batteries and cells contained in
or packed with equipment, packagings containing primary lithium
batteries and cells meeting the exceptions in Sec. 173.185(b) and (c)
of this subchapter must be marked ``PRIMARY LITHIUM BATTERIES--
FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT'' and may be
transported aboard cargo-only aircraft.
(iii) Prototype lithium batteries and cells. Prototype lithium
batteries and cells are forbidden for transport aboard passenger
aircraft and must be approved by the Associate Administrator prior to
transportation aboard cargo aircraft, in accordance with the
requirements of Special Provision A55 in Sec. 172.102 of this
subchapter.
(2) Oxygen cylinders. A cylinder containing ``Oxygen, compressed''
may not be transported aboard a passenger-carrying aircraft, or in an
inaccessible cargo location aboard a cargo-only aircraft, unless it is
packaged as required by parts 173 and 178 of this subchapter and is
placed in an overpack or outer packaging that satisfies the
requirements of Special Provision A52 in Sec. 172.102.
Sec. 171.25 Additional requirements for the use of the IMDG Code.
(a) A hazardous material may be offered for transportation or
transported to, from or within the United States by vessel, and by
motor carrier and rail in accordance with the IMDG Code (IBR, see Sec.
171.7), as authorized in Sec. 171.22, provided all or part of the
movement is by vessel. Such shipments must conform to the requirements
in Sec. 171.22, as applicable, and this section.
(b) Any person who offers for transportation or transports a
hazardous material in accordance with the IMDG Code must conform to the
following additional conditions and requirements:
(1) Unless otherwise excepted, a shipment must conform to the
requirements in part 176 of this subchapter. For transportation by rail
or highway prior to or subsequent to transportation by vessel, a
shipment must conform to the applicable requirements of parts 174 and
177 respectively, of this subchapter, and the motor vehicle or rail car
must be placarded in accordance with subpart F of part 172 of this
subpart. When a hazardous material regulated by this subchapter for
transportation by highway is transported by motor vehicle on a public
highway under the provisions of this subpart, the segregation
requirements of Part 7, Chapter 2 of the IMDG Code are authorized.
(2) The stowage and segregation requirements in Part 7 of the IMDG
Code may be substituted for the stowage and segregation requirements in
part 176 of this subchapter.
(c) Conditions and requirements for bulk packagings. Except for
IBCs and UN portable tanks used for the transportation of liquids or
solids, bulk packagings must conform to the requirements of this
subchapter. Additionally, the following requirements apply:
(1) UN portable tanks must conform to the requirements in Special
Provisions TP37, TP38, TP44 and TP45 when applicable, and any
applicable bulk special provisions assigned to the hazardous material
in the Hazardous Materials Table in Sec. 172.101 of this subchapter;
(2) IMO Type 5 portable tanks must conform to DOT Specification 51
or UN portable tank requirements, unless specifically authorized in
this subchapter or approved by the Associate Administrator;
(3) Except as specified in this subpart, for a material poisonous
(toxic) by inhalation, the T Codes specified in Column 13 of the
Dangerous Goods List in the IMDG Code may be applied to the
[[Page 25176]]
transportation of those materials in IM, IMO and DOT Specification 51
portable tanks, when these portable tanks are authorized in accordance
with the requirements of this subchapter; and
(4) No person may offer an IM or UN portable tank containing liquid
hazardous materials of Class 3, PG I or II, or PG III with a flash
point less than 100 [deg]F (38 [deg]C); Division 5.1, PG I or II; or
Division 6.1, PG I or II, for unloading while it remains on a transport
vehicle with the motive power unit attached, unless it conforms to the
requirements in Sec. 177.834(o) of this subchapter.
(d) Use of IMDG Code in port areas. (1) Except for Division 1.1,
1.2, and Class 7 materials, a hazardous material being imported into or
exported from the United States or passing through the United States in
the course of being shipped between locations outside the United States
may be offered and accepted for transportation and transported by motor
vehicle within a single port area, including contiguous harbors, when
packaged, marked, classed, labeled, stowed and segregated in accordance
with the IMDG Code, offered and accepted in accordance with the
requirements of subparts C and F of part 172 of this subchapter
pertaining to shipping papers and placarding, and otherwise conforms to
the applicable requirements of part 176 of this subchapter.
(2) The requirement in Sec. 172.201(d) of this subchapter for an
emergency telephone number does not apply to shipments made in
accordance with the IMDG Code if the hazardous material is not
offloaded from the vessel, or is offloaded between ocean vessels at a
U.S. port facility without being transported by public highway.
Sec. 171.26 Additional requirements for the use of the IAEA
Regulations.
A Class 7 (radioactive) material being imported into or exported
from the United States or passing through the United States in the
course of being shipped between places outside the United States may be
offered for transportation or transported in accordance with the IAEA
Regulations (IBR, see Sec. 171.7) as authorized in paragraph (a) of
Sec. 171.22, provided the requirements in Sec. 171.22, as applicable,
are met.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
7. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR, 1.53.
0
8. In Sec. 172.400a, revise paragraph (d) to read as follows:
Sec. 172.400a Exceptions from labeling.
* * * * *
(d) A package containing a material poisonous by inhalation (see
Sec. 171.8 of this subchapter) in a closed transport vehicle or
freight container may be excepted from the POISON INHALATION HAZARD or
POISON GAS label or placard, under the conditions set forth in Sec.
171.23(b)(11) of this subchapter.
0
9. In Sec. 172.519, revise paragraph (f) to read as follows:
Sec. 172.519 General specifications for placards.
* * * * *
(f) Exceptions. When hazardous materials are offered for
transportation or transported under the provisions of subpart C of part
171 of this subchapter, a placard conforming to the specifications in
the ICAO Technical Instructions, the IMDG Code, or the Transport Canada
TDG Regulations (IBR, see Sec. 171.7 of this subchapter) may be used
in place of a corresponding placard conforming to the requirements of
this subpart. However, a bulk packaging, transport vehicle, or freight
container containing a material poisonous by inhalation (see Sec.
171.8 of this subchapter) must be placarded in accordance with this
subpart (see Sec. 171.23(b)(11) of this subchapter).
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
12. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
Sec. 173.21 [Amended]
0
13. In Sec. 173.21, in paragraph (k), in the first sentence, the
phrase ``including Sec. 171.11 and'' is revised to read ``including
subpart C of part 171 and''.
0
14. In Sec. 173.24, revise paragraphs (c)(2) and (i) to read as
follows:
Sec. 173.24 General requirements for packagings and packages.
* * * * *
(c) * * *
(2) The packaging is permitted under, and conforms to, provisions
contained in subparts B or C of part 171 of this subchapter or
Sec. Sec. 173.3, 173.4, 173.5, 173.5a, 173.6, 173.7, 173.8, 173.27, or
Sec. 176.11 of this subchapter.
* * * * *
(i) Air transportation. Except as provided in subpart C of part 171
of this subchapter, packages offered or intended for transportation by
aircraft must conform to the general requirements for transportation by
aircraft in Sec. 173.27.
0
15. In Sec. 173.27, revise paragraph (f) introductory text to read as
follows:
Sec. 173.27 General requirements for transportation by aircraft.
* * * * *
(f) Combination packagings. Unless otherwise specified in this
part, or in subpart C of part 171 of this subchapter, when combination
packagings are offered for transportation aboard aircraft, inner
packagings must conform to the quantity limitations set forth in Table
1 of this paragraph for transport aboard passenger-carrying aircraft
and Table 2 of this paragraph for transport aboard cargo aircraft only,
as follows:
* * * * *
0
15. In Sec. 173.31, add new paragraph (a)(8) to read as follows:
Sec. 173.31 Use of tank cars.
(a) * * *
(8) A tank car authorized by the Transport Canada TDG Regulations
(IBR, see Sec. 171.7 of this subchapter) may be used provided it
conforms to the applicable requirements in Sec. 171.12 of this
subchapter.
* * * * *
0
16. In Sec. 173.32, add new paragraph (b)(4) to read as follows:
Sec. 173.32 Requirements for the use of portable tanks.
* * * * *
(b) * * *
(4) A portable tank authorized by the Transport Canada TDG
Regulations (IBR, see Sec. 171.7 of this subchapter) may be used
provided it conforms to the applicable requirements in Sec. 171.12 of
this subchapter.
* * * * *
0
17. In Sec. 173.33, add new paragraph (h) to read as follows:
Sec. 173.33 Hazardous materials in cargo tank motor vehicles.
* * * * *
[[Page 25177]]
(h) A cargo tank motor vehicle authorized by the Transport Canada
TDG Regulations (IBR, see Sec. 171.7 of this subchapter) may be used
provided it conforms to the applicable requirements in Sec. 171.12 of
this subchapter.
0
18. In Sec. 173.56, revise paragraph (g) to read as follows:
Sec. 173.56 New explosives--definition and procedures for
classification and approval.
* * * * *
(g) An explosive may be transported under subparts B or C of part
171 or Sec. 176.11 of this subchapter without the approval of the
Associate Administrator as required by paragraph (b) of this section if
the Associate Administrator has acknowledged in writing the
acceptability of an approval issued by the competent authority of a
foreign government pursuant to the provisions of the UN
Recommendations, the ICAO Technical Instructions, the IMDG Code (IBR,
see Sec. 171.7 of this subchapter), or other national or international
regulations based on the UN Recommendations. In such a case, a copy of
the foreign competent authority approval, and a copy of the written
acknowledgement of its acceptance must accompany each shipment of that
explosive.
* * * * *
0
19. In Sec. 173.301, revise paragraph (j); remove paragraphs (k), (l)
and (m); and redesignate paragraph (n) as paragraph (k), to read as
follows:
Sec. 173.301 General requirements for shipment of compressed gases in
cylinders and spherical pressure vessels.
* * * * *
(j) Non-specification cylinders in domestic use. Except as provided
in Sec. Sec. 171.12(a) and 173.23(g) of this subchapter, a filled
cylinder manufactured to other than a DOT specification or a UN
standard in accordance with part 178 of this subchapter, or a DOT
exemption or special permit cylinder or a cylinder used as a fire
extinguisher in conformance with Sec. 173.309(a), may not be
transported to, from, or within the United States.
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
0
20. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.
0
21. In Sec. 175.30, in paragraph (a)(2), revise the first sentence to
read as follows:
Sec. 175.30 Inspecting shipments.
(a) * * *
(2) Described and certified on a shipping paper prepared in
duplicate in accordance with part 172 of this subchapter or as
authorized by Subpart C of part 171 of this subchapter. * * *
* * * * *
0
22. In Sec. 175.33, revise paragraph (a)(1)(ii) to read as follows:
Sec. 175.33 Shipping paper and notification of pilot-in-command.
(a) * * *
(1) * * *
(ii) The ICAO Technical Instructions (IBR, see Sec. 171.7 of this
subchapter), any additional information required to be shown on
shipping papers by subpart C of part 171 of this subchapter must also
be shown in the notification.
* * * * *
PART 176--CARRIAGE BY VESSEL
0
23. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
0
24. In Sec. 176.11, revise the first sentence of paragraph (a)
introductory text, and paragraph (b) to read as follows:
Sec. 176.11 Exceptions
(a) A hazardous material may be offered and accepted for transport
by vessel when in conformance with the IMDG Code (IBR, see Sec. 171.7
of this subchapter), subject to the conditions and limitations set
forth in subpart C of part 171 of this subchapter. * * *
* * * * *
(b) Canadian shipments and packages may be transported by vessel if
they are transported in accordance with this subchapter. (See subparts
B and C of part 171 of this subchapter.)
* * * * *
Sec. 176.24 [Amended]
0
25. In Sec. 176.24, in paragraph (a), the phrase ``authorized by Sec.
171.12 of this subchapter'' is revised to read ``authorized by subpart
C of part 171 of this subchapter''.
0
26. In Sec. 176.27, in paragraph (b), revise the last sentence to read
as follows:
Sec. 176.27 Certificate.
* * * * *
(b) * * * See subpart C of part 171 of this subchapter.
* * * * *
Issued in Washington, DC, on April 16, 2007, under authority
delegated in 49 CFR Part 1.
Thomas J. Barrett,
Administrator.
[FR Doc. 07-1959 Filed 5-2-07; 8:45 am]
BILLING CODE 4910-60-P
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