
[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Rules and Regulations]               
[Page 2199-2270]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja09-16]                         


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Part III





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration



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49 CFR Parts 171, 172, 173, et al.



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Hazardous Materials: Revision to Requirements for the Transportation of 
Batteries and Battery-Powered Devices; and Harmonization With the 
United Nations Recommendations, International Maritime Dangerous Goods 
Code, and International Civil Aviation Organization's Technical 
Instructions; Final Rule


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, and 178

[Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-0005 (HM-215J)]
RIN 2137-AE31

 
Hazardous Materials: Revision to Requirements for the 
Transportation of Batteries and Battery-Powered Devices; and 
Harmonization With the United Nations Recommendations, International 
Maritime Dangerous Goods Code, and International Civil Aviation 
Organization's Technical Instructions

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule.

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SUMMARY: This final rule revises the Hazardous Materials Regulations to 
maintain alignment with international standards by incorporating 
various amendments, including changes to proper shipping names, hazard 
classes, packing groups, special provisions, packaging authorizations, 
air transport quantity limitations, and vessel stowage requirements. 
These revisions are necessary to harmonize the Hazardous Materials 
Regulations with recent changes to the International Maritime Dangerous 
Goods Code, the International Civil Aviation Organization's Technical 
Instructions for the Safe Transport of Dangerous Goods by Air, 
Transport Canada's Transportation of Dangerous Goods Regulations, and 
the United Nations Recommendations on the Transport of Dangerous Goods.
    These revisions also include amendments and clarifications 
addressing the safe transportation of batteries and battery-powered 
devices. Consistent with recent changes to the International Civil 
Aviation Organization's Technical Instructions, PHMSA is clarifying the 
prohibition against transporting electrical devices, including 
batteries and battery-powered devices that are likely to create sparks 
or generate a dangerous amount of heat. PHMSA is also modifying and 
enhancing requirements for the packaging and handling of batteries and 
battery-powered devices, particularly in air commerce, to emphasize the 
safety precautions that are necessary to prevent incidents during 
transportation. PHMSA developed these revisions in conjunction with the 
Federal Aviation Administration to enhance the safe transportation of 
batteries and battery-powered devices.

DATES: Effective date: February 13, 2009.
    Voluntary Compliance Date: PHMSA is authorizing voluntary 
compliance beginning January 1, 2009.
    Delayed Compliance Date: Except as specified in Sec. Sec.  171.14, 
171.25, 172.102, 172.448, and 178.703 as amended herein, compliance 
with the amendments adopted in this final rule is required beginning 
January 1, 2010.
    Incorporation by Reference Date: The incorporation by reference of 
the publications adopted in Sec.  171.7 of this final rule has been 
approved by the Director of the Federal Register as of February 13, 
2009.

FOR FURTHER INFORMATION CONTACT: T. Glenn Foster or Charles Betts, 
Office of Hazardous Materials Standards, telephone (202) 366-8553, or 
Shane Kelley, International Standards, telephone (202) 366-0656, 
Pipeline and Hazardous Materials Safety Administration, U.S. Department 
of Transportation, 1200 New Jersey Avenue, SE., 2nd Floor, Washington, 
DC 20590-0001.

SUPPLEMENTARY INFORMATION:
I. Background
II. Overview
    A. Amendments To Enhance the Safe Transportation of Batteries 
and Battery-Powered Devices
    B. Additional Amendments Adopted in This Final Rule
    C. Amendments Not Being Adopted in This Final Rule
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Policies and Procedures
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
    K. International Trade Analysis

I. Background

    In a notice of proposed rulemaking (NPRM) published July 31, 2008 
[73 FR 44804], PHMSA proposed a number of revisions to the Hazardous 
Materials Regulations (HMR; 49 CFR Parts 171-180) to incorporate recent 
updates and revisions to Transport Canada's Transportation of Dangerous 
Goods (TDG) regulations, the United Nations Recommendations on the 
Transport of Dangerous Goods (UN Recommendations), the International 
Maritime Dangerous Goods (IMDG) Code, and the International Civil 
Aviation Organization Technical Instructions (ICAO TI) for the 
Transport of Dangerous Goods by Air. The UN Recommendations are amended 
and updated biennially by the UN Committee of Experts on the Transport 
of Dangerous Goods and on the Globally Harmonized System of 
Classification and Labeling of Chemicals and serve as the basis for 
national, regional, and international modal regulations, including the 
IMDG Code, and the ICAO Technical Instructions. The revisions proposed 
in the July NPRM cover classification of materials, hazard 
communication, and packaging requirements.
    The most noteworthy proposals in the July NPRM concerned the 
transportation of batteries and battery-powered devices. Specifically, 
the NPRM proposed enhanced packaging and hazardous communication 
requirements consistent with international standards that address the 
electrical hazards posed by batteries and battery-powered devices. In 
the NPRM, we proposed the following amendments applicable to the 
transportation of batteries and battery-powered devices:
     Require reporting of incidents involving batteries and 
battery-powered devices (devices include equipment) or vehicles.
     Clarify the requirement that batteries, and battery-
powered devices and vehicles, be offered for transportation and 
transported in a manner that prevents short-circuiting, dangerous 
evolution of heat, damage to terminals, and, in the case of 
transportation by aircraft, unintentional activation.
     Clarify the requirements for determining whether a battery 
is considered non-spillable. This included designation of a new section 
outlining conditions for packaging and transport of batteries 
determined to be non-spillable.
     Require a certification on the shipping documentation that 
batteries and battery-powered devices have met the conditions and all 
requirements for transport as specified in the applicable exception or 
special provision.
     Eliminate the requirement to disconnect the terminals when 
a battery-powered wheelchair or mobility aid is transported as checked 
baggage, provided the wheelchair or mobility aid design provides an 
effective means of preventing unintentional activation.
     Clarify the requirements for transport of dry batteries 
including a

[[Page 2201]]

revision of the proper shipping name used to describe dry batteries.
    The measures proposed in the NPRM for batteries and battery-powered 
devices were intended to harmonize the HMR with applicable 
international standards. More importantly, the proposals to amend the 
incident reporting requirements related to the transport of batteries 
and battery-powered devices would enable the agency to acquire and 
assess data on the causes of battery incidents in transportation. We 
could then use that information to develop strategies to reduce the 
associated risks.
    Harmonization of domestic and international standards becomes 
increasingly important as the volume of hazardous materials transported 
in international commerce grows. Harmonization facilitates 
international trade by minimizing the costs and other burdens of 
complying with multiple or inconsistent safety requirements for 
transportation of hazardous materials to and from the United States. By 
facilitating compliance, harmonization enhances safety for 
international movements, but only if the international standards 
themselves provide an appropriate level of safety. To that end, PHMSA 
actively participates in the development of international standards for 
the transportation of hazardous materials, frequently advocating the 
adoption in international standards of particular HMR requirements. 
When considering the adoption of international standards under the HMR, 
we review and consider each amendment on its own merit, including an 
assessment of its overall impact on transportation safety and the 
economic implications associated with its adoption into the HMR. Our 
goal is to harmonize without diminishing the level of safety currently 
provided by the HMR and without imposing undue burdens on the regulated 
public.
    To maintain alignment of the HMR with international requirements, 
in this final rule, we are incorporating changes based on the Fifteenth 
revised edition of the UN Recommendations, Amendment 34 to the IMDG 
Code, and the 2009-2010 ICAO TI, all of which become effective January 
1, 2009. We are also addressing petitions for rulemaking concerning 
harmonization with international standards and additional measures to 
facilitate international transportation.
    The July NPRM incorporated two separate rulemaking dockets--HM-224D 
addressing battery safety issues and HM-215J addressing more general 
harmonization issues. The comment period for the proposed rule closed 
on September 29, 2008. A total of 33 persons submitted comments in 
response to the NPRM. Some of the comments we received were provided in 
duplicate to both Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-2008-
0005 (HM-215J). For reader utility, we have listed all comments 
received in numerical order by the Document ID number assigned when 
submitted, including those submitted in duplicate to each docket. The 
following individuals, companies, and organizations submitted comments 
to the Docket for HM-224D:
    (1) Adrien Tusek (Tusek; PHMSA-2007-0065-0013);
    (2) FedEx Express (FedEx; PHMSA-2007-0065-0016);
    (3) National Air Carrier Association (NACA; PHMSA-2007-0065-0017);
    (4) HMT Associates, LLC (HMT; PHMSA-2007-0065-0018);
    (5) Robert Herman (Paralyzed Veterans of America) (PVA; PHMSA-2007-
0065-0020);
    (6) Independent Pilots Association (IPA; PHMSA-2007-0065-0021);
    (7) United Parcel Service (UPS; PHMSA-2007-0065-0019, 0022);
    (8) Arkema, Inc. (Arkema; PHMSA-2007-0065-0023);
    (9) Procter & Gamble Company (P & G; PHMSA-2007-0065-0024);
    (10) Fedco Electronics, Inc. (Fedco; PHMSA-2007-0065-0025);
    (11) U.S. Fuel Cell Council (FCC; PHMSA-2007-0065-0026);
    (12) Joseph Schohn (Tyco International) (Tyco; PHMSA-2007-0065-
0027, 0034);
    (13) Omni Air International (Omni; PHMSA-2007-0065-0029);
    (14) URS Corporation (URS; PHMSA-2007-0065-0030, 0031);
    (15) Air Line Pilots Association, International (ALPA; PHMSA-2007-
0065-0032); and
    (16) Dangerous Goods Advisory Council (DGAC; PHMSA-2007-0065-0037).
    The following individuals, companies and organizations submitted 
comments to the Docket for HM-215J:
    (1) Signal Administration, Inc. (Signal; PHMSA-2008-0005-0002);
    (2) Omni Air International (Omni; PHMSA-2008-0005-0003);
    (3) The Fertilizer Institute (TFI; PHMSA-2008-0005-0004);
    (4) FedEx Express (FedEx; PHMSA-2008-0005-0005);
    (5) HMT Associates, LLC (HMT; PHMSA-2008-0005-0006);
    (6) Air Transport Association (ATA; PHMSA-2008-0005-0008);
    (7) National Electrical Manufacturer's Association (NEMA; PHMSA-
2008-0005-0009);
    (8) Chemical Products and Technology Division (American Chemistry 
Council) (CPTD; PHMSA-2008-0005-0010);
    (9) Lilliputian Systems, Inc. (Lilliputian; PHMSA-2008-0005-0011);
    (10) Association of Hazmat Shippers, Inc. (AHS; PHMSA-2008-0005-
0012);
    (11) American Trucking Associations (American Trucking 
Associations) (PHMSA-2008-0005-0013);
    (12) The Council on Safe Transportation of Hazardous Articles, Inc. 
(COSTHA; PHMSA-2008-0005-0014);
    (13) Battery Council International (BCI; PHMSA-2008-0005-0015);
    (14) Portable Rechargeable Battery Association (PRBA; PHMSA-2008-
0005-0017);
    (15) International Vessel Operators Hazardous Materials 
Association, Inc. (VOHMA; PHMSA-2008-0005-0018);
    (16) URS Corporation (URS; PHMSA-2008-0005-0019);
    (17) Deeds (Industrial Health & Safety Consultants, Inc.) (Deeds; 
PHMSA-2008-0005-0020);
    (18) Anderson Products, Inc. (API; PHMSA-2008-0005-0021);
    (19) National Transportation Safety Board (NTSB; PHMSA-2008-0005-
0022); and
    (20) Dangerous Goods Advisory Council (DGAC; PHMSA-2008-0005-0023).
    Commenters were supportive of PHMSA's efforts to harmonize the HMR 
with international standards. Many of the proposals in the NPRM are 
fully supported by commenters, while others received little or no 
comment; these amendments are adopted as proposed. Several comments 
were beyond the scope of this rulemaking and are not addressed in this 
final rule. Comments are addressed in more detail in the Section-by-
Section Review.

II. Overview

A. Amendments To Enhance the Safe Transportation of Batteries and 
Battery-Powered Devices

    The most noteworthy amendments in this final rule address the 
transportation of batteries and battery-powered devices. Currently, 
batteries and battery-powered devices are subject to a number of 
requirements in the HMR. Most importantly, the HMR restrict the 
transportation of electrical devices, including batteries and battery-
powered devices, that are likely to create sparks or generate a 
dangerous amount of heat that could cause fire, smoke, or otherwise 
adversely affect the packaging material or means of conveyance. These 
batteries and battery-powered devices

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are forbidden from transportation unless packaged in a manner that 
prevents such an occurrence (Sec.  173.21(c)). Additionally, the 
following types of batteries and devices powered by batteries are 
subject to packaging and hazard communication requirements:
     Wet (electric storage) batteries (Sec.  173.159);
     Batteries containing sodium (Sec.  173.189);
     Lithium cells and batteries (Sec.  173.185);
     Solid potassium hydroxide batteries (Sec.  173.213); and
     Battery-powered vehicles and equipment (Sec.  173.220).
    These requirements primarily address the hazards posed by the 
chemicals contained in the batteries as opposed to the stored 
electrical energy. For instance, wet cell batteries are required to be 
packaged in a manner to prevent leakage of the corrosive battery fluid 
in the event of an accident. The electrical hazard of the battery is 
addressed through general requirements to prevent short-circuiting, and 
the general prohibition on transporting electrical devices without 
proper protection and packaging (Sec.  173.21). However, the HMR 
currently prescribe no separate or unique classification for 
identifying materials that present a hazard in transport based on their 
stored electrical energy. This final rule addresses the electrical 
hazards posed by batteries and battery-powered devices by enhancing 
packaging and hazard communication requirements.
    A growing number of incidents involving batteries and battery-
powered devices transported by aircraft have highlighted the 
transportation safety risks. Additionally, several factors are 
contributing to a heightened concern for the future transport of these 
devices, with particular attention to the risk onboard aircraft, 
including: (1) The increasing number of batteries and battery-powered 
portable and handheld devices (e.g., laptops, cellular phones, etc.) 
carried by airline passengers and otherwise transported in commerce; 
(2) the development and use of batteries with extended operating life 
and greater stored energy; and (3) the increasing number of counterfeit 
batteries in distribution and use. If not adequately protected from 
damage, short circuiting or, for devices containing batteries, 
inadvertent activation, batteries and battery-powered devices of all 
types can create or cause sparks or a dangerous amount of heat for 
extended periods, and in some cases, cause a fire. Cargo fires are a 
significant hazard in all modes of transportation and can have 
particularly catastrophic results in air transportation. If located 
aboard an aircraft during flight, inadequately protected batteries and 
battery-powered devices can pose a significant threat to the safety of 
people, property, and the environment.
    PHMSA and the Federal Aviation Administration (FAA) are aware of 
more than 96 incidents involving batteries or battery-powered devices 
in air transportation since 1996 that produced smoke, fire or a 
dangerous amount of heat. These incidents have occurred either on board 
an aircraft in cargo, checked, or carry-on baggage, or in ground 
transport facilities associated with air transportation. Many of these 
incidents involved shipments of batteries as cargo. The remainder 
involved shipments of electrically powered vehicles, equipment, or 
apparatus containing batteries. Since most batteries are excepted from 
the incident reporting requirements in the HMR, it is likely there have 
been additional incidents in all modes of transportation that were not 
reported.
    One major injury and several minor injuries were reported from 
these incidents. In some cases, the property damage and business 
interruption costs resulting from the incidents were significant. Most 
incidents occurred or were discovered on the ground in air transport 
facilities or vehicles. Three incidents occurred in flight on passenger 
and cargo planes, resulting in emergency landings or flight plan 
diversions.
    In response to these incidents, PHMSA's predecessor agency (the 
Research and Special Programs Administration) issued a public advisory 
on July 7, 1999 (64 FR 36743), reminding the transportation industry 
and public that batteries and electric devices that contain batteries 
are forbidden for transport unless properly packaged to prevent the 
creation of sparks or generation of a dangerous amount of heat (Sec.  
173.21). The FAA issued safety advisories to the airline industry on 
July 2, 1999, and again on May 23, 2002.
    In addition, due to a series of incidents involving batteries 
carried by airline passengers, PHMSA initiated a campaign to educate 
the public about ways to reduce the risks posed in the transportation 
of batteries and battery-powered devices. The campaign included 
establishing a dedicated Web page for air travelers and developing a 
battery safety guide that includes safety measures and tips for the 
general public, for distribution at airports, in retail outlets, and 
through electronic media. As part of our battery safety campaign, we 
recommended various practical measures for complying with the 
regulations and reducing transportation risks. Recommended practices 
include keeping batteries installed in electronic devices; packing 
spare batteries individually in carry-on baggage; keeping spare 
batteries in their original retail packaging; separating batteries from 
other metallic objects, such as keys, coins, and jewelry; securely 
packing battery-powered devices in a manner to prevent accidental 
activation; and ensuring batteries are undamaged and purchased from 
reputable sources. On March 26, 2007, PHMSA issued a safety advisory 
notice (72 FR 14167) to further inform the traveling public and airline 
employees about the importance of properly packing and handling 
batteries and battery-powered devices when they are carried on board an 
aircraft.
    We have also initiated a comprehensive strategy aimed at reducing 
the risks posed by batteries and battery-powered devices in 
transportation. On February 22, 2007; April 26, 2007; May 24-25 2007; 
and April 11, 2008, PHMSA hosted meetings with public and private 
sector stakeholders who share our concern for the safe transportation 
of batteries and battery-powered devices. The meetings provided an 
opportunity for representatives of the National Transportation Safety 
Board (NTSB), the Consumer Product Safety Commission, manufacturers of 
batteries and battery-powered devices, airlines, airline employee 
organizations, testing laboratories, and the emergency response and law 
enforcement communities to share and disseminate information about 
battery-related risks and developments. Understanding these risks is 
essential to promote improvements in industry standards and best 
practices. Together we identified a series of immediate and longer-term 
actions that participants are taking or will take to enhance safety, 
including:
     Comprehensive reporting and investigation of battery-
related incidents;
     Improved battery, consumer product, and software design;
     Development and implementation of a technical standards 
agenda;
     Consideration and implementation of improved regulatory 
standards;
     Focused enforcement; and
     Development and implementation of a public outreach and 
education campaign.
    The requirements adopted in this final rule are an important 
element of the safety strategy designed to address specific battery-
related hazards not

[[Page 2203]]

adequately addressed by existing HMR requirements.
    In this final rule, we are adopting the following amendments to 
enhance the safe transportation of batteries and battery-powered 
devices:
     Requirement to report incidents involving batteries and 
battery-powered devices including those that result in a fire, violent 
rupture, explosion, or dangerous evolution of heat. Immediate notice 
requirements are limited to air transport of batteries and battery-
powered devices.
     Clarification of the requirement that batteries and 
battery-powered devices and vehicles be offered for transportation and 
transported in a manner that prevents short-circuiting, the potential 
of a dangerous evolution of heat, damage to terminals, and, in the case 
of transportation by aircraft, unintentional activation.
     Clarification of the requirements for determining whether 
a battery is considered non-spillable. This clarification includes the 
designation of a new section outlining conditions for packaging and 
transport of batteries determined to be non-spillable.
     Requirement for a shipper of batteries dry, sealed to 
indicate compliance with applicable special provisions and exceptions 
by marking each package with the words ``not restricted'' or, if a 
transport document such as an air waybill accompanies a shipment, by 
including the words ``not restricted'' on the document.
     Elimination of the requirement to disconnect the terminals 
when a battery-powered wheelchair or mobility aid is transported as 
checked baggage, provided the wheelchair or mobility aid design 
provides an effective means of preventing unintentional activation.
     Clarification of the requirements for the transport of dry 
batteries including a revision of the proper shipping name used to 
describe dry batteries and a provision to limit the applicability of 
transport requirements to a certain size of battery.
    As indicated earlier, these amendments will harmonize the HMR with 
international standards applicable to the transportation of batteries 
and battery-powered devices, improve communication of the standards 
pertaining to the transport of batteries and battery-powered devices to 
facilitate safe transport of these materials especially by aircraft, 
relieve burdens associated with compliance requirements, and provide 
data and information to enable PHMSA to develop an understanding of the 
causes of battery incidents in transportation and assist us in the 
reduction of the associated risks.
    Incident reporting. Most batteries are currently excepted from the 
incident reporting requirements in the HMR. We believe it is likely 
that numerous incidents involving batteries and battery-powered devices 
in all modes of transportation are not reported. This under-reporting 
has made it difficult to analyze the full body of incidents in 
transportation and to assess the full extent of the hazards associated 
with transporting batteries and battery-powered devices. In the July 
NPRM, we proposed to require immediate (telephonic) notice in 
accordance with Sec.  171.15 for all incidents involving shipments of 
batteries or battery-powered devices that result in a fire, violent 
rupture, explosion, or a dangerous evolution of heat. In addition, we 
proposed to require submission of a written incident report in 
accordance with Sec.  171.16 for battery related incidents, including 
incidents involving battery shipments that are prepared and offered as 
excepted from HMR requirements.
    We received a number of comments [ALPA, American Trucking 
Associations, COSTHA, NEMA, UPS, and VOHMA] supporting the proposal to 
require written reports in accordance with Sec.  171.16 of the HMR for 
incidents involving shipments of batteries or battery-powered devices 
that result in a fire, violent rupture, explosion, or a dangerous 
evolution of heat. We also received a number of comments [ALPA, COSTHA, 
NEMA, VOHMA] supporting the proposal to require immediate (telephonic) 
notice in accordance with Sec.  171.15. However, three commenters 
[American Trucking Associations, DGAC, UPS] oppose our proposal to 
require immediate notice of incidents involving shipments of batteries 
and battery-powered devices as unwarranted and burdensome, especially 
on carriers. DGAC does not believe, ``* * * a battery incident would 
warrant [an emergency response] and therefore consider[s] reporting of 
battery incidents to the NRC an unnecessary reporting burden.'' 
Additionally, commenters note it would be difficult to determine 
whether batteries or battery-powered devices were involved and whether 
they were the cause of the incident within the time constraints of 
immediate reporting requirements. As indicated by the American Trucking 
Associations, experience has shown that for trailer fires ``* * * it is 
very difficult to determine the cause of the fire and carriers may not 
even know that batteries were present until after the fire is 
extinguished.'' UPS indicates ``* * * the new language will create 
significant challenges for carriers.'' UPS also notes that 
``[e]xperience demonstrates that there are occasions when fires occur 
but the cause cannot be determined'' and ``many hours or even days may 
be required to identify that the batteries were in the trailer.'' Both 
commenters express concern that fire fighters may shift or remove 
contents, thus complicating efforts to determine the cause of a fire. 
The American Trucking Associations and VOHMA specifically recommend 
that immediate notice should apply to air transportation only.
    Given the recent incidents involving batteries and battery-powered 
devices, we believe incident reporting will provide the data to enable 
us to identify the causes of battery incidents and determine whether 
additional measures would improve safe transport and help prevent 
future incidents. However, we agree with the commenters that immediate 
telephonic reporting of incidents that occur during ground 
transportation may not be necessary for this purpose. A written report 
of the incident submitted in accordance with Sec.  171.16 should 
provide sufficient information for us to identify and assess incident 
causes without imposing an undue burden on carriers. Since most of the 
anecdotal information about battery incidents is associated with 
aircraft incidents and because of the inherent safety hazards of air 
transport, we continue to believe that air carriers should be required 
to provide immediate notice of battery related incidents. Therefore, in 
this final rule, we are adopting the amendment to Sec.  171.15 to 
include a requirement for immediate notice of incidents involving 
shipments of batteries or battery-powered devices transported by 
aircraft resulting in a fire, violent rupture, explosion, or dangerous 
evolution of heat. Because this change from the incident reporting 
provisions proposed in the NPRM will revise the estimated reporting 
burden, we are re-calculating the information collection pertaining to 
incident reporting and will submit a revised package to the Office of 
Management and Budget (OMB). A separate Federal Register notice will be 
published pending OMB review (see discussion under ``Paperwork 
Reduction Act'').
    One of the reporting criteria proposed in the NPRM was for an 
incident involving a ``dangerous evolution of heat.'' Several 
commenters [American Trucking Associations, COSTHA, FedEx, UPS, VOHMA] 
express concern that the criterion is vague and open to interpretation. 
The commenters request that we clarify the meaning of a

[[Page 2204]]

``dangerous evolution of heat'' or remove the condition altogether in 
order to relieve any potential ambiguity from the incident reporting 
requirements for the shipment of batteries or battery-powered devices. 
As FedEx states, ``this [term] is subjective and certainly requires 
further review or additional clarification.'' We continue to believe 
that a requirement to report incidents involving a ``dangerous 
evolution of heat'' will assist us to evaluate the potential fire risks 
associated with the transportation of batteries and battery-powered 
devices. However, we agree that clarification would be helpful. VOHMA 
suggests that the reporting requirement should be triggered by visible 
evidence of an amount of heat sufficient to be dangerous to packaging 
or personal safety to include ``* * * charring of packaging, melting of 
packaging, scorching of packaging, or other evidence.'' We agree and 
are adding this clarification to the reporting requirements.
    Battery safety. In this final rule, we are adopting a number of 
revisions to clarify that batteries of all types and battery-powered 
devices, equipment, and vehicles must be packaged for transportation in 
a manner that prevents short-circuiting, damage to terminals, the 
potential of a dangerous evolution of heat, and, for transportation by 
aircraft, unintentional activation. We are including several examples 
of packaging methods that may meet this performance standard, including 
packaging each battery or each battery-powered device in fully enclosed 
inner packagings made of non-conductive material, and separating 
batteries and battery-powered devices in a manner to prevent contact 
with other batteries, devices or conductive materials (e.g., metal) in 
the packagings. Batteries designed with exposed terminals or connectors 
should have the exposed terminals or connectors protected with non-
conductive caps. We have included language in Sec. Sec.  171.15, 
171.16, 172.102 Special Provision 130, 173.21, 173.159, 173.220, and 
175.10 to further clarify these requirements.
    The HMR include a number of provisions applicable to batteries 
installed in vehicles, machinery, or other types of equipment. Section 
173.220 establishes transportation requirements for internal combustion 
engines, self-propelled vehicles, mechanical equipment containing 
internal combustion engines, and battery powered vehicles or equipment. 
Generally, this section excepts battery-powered vehicles, machinery, 
and equipment from the HMR, provided they meet certain minimal 
requirements. We are aware of several incidents resulting in a 
dangerous evolution of heat initiated by batteries of this design which 
have been inadequately protected. In this final rule, we are adopting 
an amendment to require battery-powered vehicles, machinery, and 
equipment, including battery-powered wheelchairs and mobility aids, to 
conform to the new requirements in Sec.  173.159, paragraphs (a) and 
(b), including requirements for protecting terminals and preventing 
short-circuiting and unintentional activation. In addition, we are 
clarifying that battery-powered vehicles, machinery, and equipment are 
forbidden to be transported unless packaged in a manner preventing the 
creation of sparks, a dangerous amount of heat and, in air 
transportation, unintentional activation.
    Non-spillable batteries. Section 173.159 establishes requirements 
for the transportation of wet batteries, including non-spillable 
batteries. If certain conditions are met, non-spillable batteries are 
excepted from the HMR. Non-spillable batteries meeting additional 
requirements are excepted from all other requirements of the HMR. 
Unless all of the conditions specified in Sec.  173.159(d) are met, a 
non-spillable battery is fully subject to the HMR as a wet electric 
storage battery. International regulations outline the conditions under 
which a battery is considered non-spillable and provide packaging 
requirements specific to non-spillable batteries. In this final rule, 
we are describing in Sec.  173.159(f) the conditions under which a 
battery is considered non-spillable and relocating the exceptions 
pertaining to non-spillable batteries to a new Sec.  173.159a. 
Consistent with international requirements, we are specifying that 
batteries are considered ``non-spillable'' when they are capable of 
passing a vibration test and a pressure differential test without 
leakage. We are also adopting the requirement that non-spillable 
batteries must be packaged in strong outer packaging and securely 
fastened in the battery holder or the equipment when the battery is an 
integral part of the operation of mechanical or electronic equipment. 
In addition, we are specifying that, except for the incident reporting 
requirements of Sec. Sec.  171.15 and 171.16, non-spillable batteries 
are not subject to the requirements of the HMR if they meet the 
following additional conditions:
     At a temperature of 55 [deg]C (131 [deg]F), the battery 
does not contain any unabsorbed free-flowing liquid, and is designed so 
that electrolyte will not flow from a ruptured or cracked case;
     The battery is protected against short-circuiting and 
securely packaged in strong outer packaging;
     The battery is marked ``NONSPILLABLE'' or ``NONSPILLABLE 
BATTERY''; and
     For transportation by aircraft:
     The battery must meet the provisions of Sec.  
173.159(b)(2).
    One commenter [Tyco] expresses concern regarding shipments of non-
spillable batteries that otherwise appear to meet the requirements for 
transport of non-spillable batteries (see Sec.  173.159a), but leak 
after being damaged during transportation. The commenter states that it 
conducted an internal investigation, which involved test samples of all 
non-spillable batteries it utilizes, to determine if those batteries 
met the criteria of a ``non-spillable'' battery because they leaked and 
contained free liquids. According to the commenter, a number of the 
tested batteries exhibited observable leakage, although the 
manufacturers and distributors of the batteries had provided 
certification and laboratory results showing no failures. Based on this 
information, the commenter recommends that PHMSA clarify any ambiguity 
surrounding the methodology used to determine whether a battery is 
``non-spillable'' to improve safety during the transportation of these 
materials. Specifically, the commenter requests PHMSA identify a 
testing protocol to determine whether a battery is designed so that 
electrolyte will not flow from a ruptured or cracked case.
    We commend the efforts of the commenter and appreciate the 
information provided in its comments. However, the recommendation 
provided by the commenter is outside the scope of this rulemaking as 
revisions to the criteria for determination of a non-spillable battery 
were not proposed in the NPRM. We will consider this information as 
part of our comprehensive strategy aimed at reducing the risks posed by 
batteries and battery-powered devices in transportation.
    We received two comments [BCI, PRBA] expressing disappointment that 
PHMSA did not consider provisions for shipments of non-spillable 
batteries transported for recycling or disposal. The commenters 
indicate that ``* * * it is almost impossible for shippers of used 
batteries to know if nonspillable batteries have been subject to the 
required vibration, pressure differential, and `crack test' at 55 
[deg]C (131 [deg]F) or marked NONSPILLABLE or NONSPILLABLE BATTERY * * 
*'' Both commenters request that PHMSA include a new paragraph in Sec.  
173.159

[[Page 2205]]

which would provide relief from these tests for batteries transported 
for disposal or recycling. The request by the commenters is beyond the 
scope of this rulemaking. We did not propose the addition of a new 
paragraph which provides relief from non-spillable test requirements 
for shipments of non-spillable batteries intended for recycling or 
disposal. However, we will review the merits of this request and 
consider it for a future rulemaking.
    One commenter [BCI] requests that PHMSA remove the reference to 
``batteries manufactured after September 30, 1995'' in the new Sec.  
173.159a for exceptions for non-spillable batteries. BCI notes that ``* 
* * it is safe to assume that all nonspillable batteries being shipped 
today and in the future are manufactured after this date * * *'' We 
agree and in this final rule, we are removing the phrase ``batteries 
manufactured after September 30, 1995'' from the new Sec.  173.159a.
    Battery-powered wheelchairs or other mobility aids. Section 175.10 
establishes exceptions for passengers, crewmembers, and air operators. 
Currently, the HMR permit a wheelchair or other battery-powered 
mobility aid to be carried on board a passenger aircraft as checked 
baggage provided that (1) visual inspection, including removal of the 
battery if necessary, reveals no obvious defects; (2) the battery is 
disconnected and terminals are insulated to prevent short-circuiting; 
and (3) the battery is securely attached to the wheelchair or mobility 
aid or removed and separately packaged. We are concerned, however, that 
repeated handling of the battery in a wheelchair or other mobility aid 
could result in damage or other problems that could compromise safety. 
Moreover, the design batteries and their housing have significantly 
improved in recent years. Therefore, in the NPRM, we proposed to revise 
Sec.  175.10(a)(15) to eliminate the requirement to disconnect the 
terminals when a battery-powered wheelchair or other mobility aid is 
transported as checked baggage provided the device provides an 
effective means of preventing unintentional activation. Battery 
terminals must continue to be protected from short-circuiting, but such 
protection is inherent in the design of most wheelchairs and mobility 
aids.
    Three commenters [ALPA, Omni, PVA] support PHMSA's proposal to 
eliminate the current requirement to disconnect the terminals when a 
battery-powered wheelchair or other mobility aid is transported as 
checked baggage provided the wheelchair or mobility aid has an 
effective means of preventing unintentional activation. ALPA states, 
``* * * [w]e believe this provides an equivalent level of safety and 
will prevent inadvertent damage to wheelchairs by airline personnel, 
which could lead to a battery incident.'' However, one commenter 
[Tusek] expresses concern regarding the proposal to disconnect the 
battery if the wheelchair or mobility aid design does not provide an 
effective means of preventing unintentional activation. The commenter 
is concerned that such a requirement can be satisfied by merely 
unplugging a cable from a control unit rather than disconnecting the 
battery at the terminal(s). The commenter notes that the cable is still 
``live'' and susceptible to ``arcing'' (short-circuiting) if the cable 
remains attached to the battery. The commenter provides information 
about an incident involving a wheelchair to illustrate the risk 
associated with unplugging a wheelchair but allowing the cable or 
wiring to remain connected to a battery.
    We acknowledge the concerns of the commenter and believe that 
additional clarification is warranted. Our review indicates that the 
referenced incident could have been prevented by thorough visual 
inspection, proper handling, and proper insulation of the terminals. 
Additionally, we note that the intent of the provision to disconnect 
the battery is to disconnect the battery at the terminals (and insulate 
the terminals to prevent short circuits). Unplugging a cable and 
leaving it connected to the terminal(s) does not satisfy the 
requirement to disconnect the battery and insulate the terminals. 
However, requiring the disconnection of batteries at the terminal 
results in repeated handling of the battery and increases the potential 
of damage or other problems that could compromise safety. Our intent is 
to diminish this potential by allowing the battery to remain connected 
to the wheelchair or mobility aid if the design provides an effective 
means of preventing unintentional activation. Therefore, in this final 
rule, we are adopting the requirements as proposed, and including 
additional language in the regulatory text in Sec.  175.10(a)(15) to 
clarify that when the battery is disconnected, the battery terminals 
must also be protected to prevent short circuits.
    Waybill notation. In the July NPRM, we proposed to require a 
notation to be included on the air waybill accompanying a shipment to 
indicate that batteries and battery-powered devices have met all 
conditions and requirements for transport as specified in the HMR 
without further restriction. A number of commenters [ALPA, American 
Trucking Associations, BCI, COSTHA, DGAC, Fedco, FedEx, NEMA, Omni, 
PRBA, UPS, URS] addressed the proposed notation. Most commenters oppose 
the proposal based on current air carrier practice, inconsistency with 
the ICAO TI, and concern that air waybills are not required shipping 
documents under the HMR.
    Commenters oppose the certification provisions because the HMR do 
not specifically require an air waybill. As COSTHA notes, ``* * * [u]se 
of an air waybill is not mandated by the HMR and there are few if any 
references to an air waybill.'' Additionally, UPS points out that 
``[t]his commercial document, used by many air carriers as a contract 
of carriage, does not really have any status in the HMR * * *'' 
Commenters state that the language as written suggests that the 
required words ``not restricted'' must appear on an air waybill, in 
effect, requiring shipments to be accompanied by an air waybill. Other 
commenters stress that the language as proposed in the NPRM is not 
consistent with ICAO TI requirements, which require the words ``not 
restricted'' when an air waybill is issued. PRBA asserts that ``* * * 
PHMSA should clarify that this requirement only applies when an air 
waybill is issued * * *'' Two commenters [COSTHA, Omni] suggest that it 
would be more appropriate to revise the language to require 
confirmation of compliance on an accompanying air waybill or other 
document. COSTHA specifically suggests using language similar to 
language provided in new section Sec.  173.4a(h)(1), ``* * * if a 
document such as an air waybill accompanies a shipment * * *.''
    Commenters are also concerned about implementation of such a hazard 
communication requirement. Some indicate an inequitable burden on 
carriers, especially non-air transport modal carriers. The American 
Trucking Associations indicates, ``* * * if a shipper of batteries 
fails to indicate this statement on an air waybill used as a shipping 
paper, it is extremely unlikely that a motor carrier will be able to 
identify the deficiency * * *'' UPS urges PHMSA to proceed carefully 
with new documentation requirements and states, ``PHMSA should not 
expect carrier personnel routinely to seek information related to 
hazardous materials on a document other than a hazardous materials 
shipping paper, particularly when the package does not otherwise 
require special handling * * *.'' Commenters also note that use of an 
air waybill is not standard across the air carrier industry, and that 
carriers and industry are becoming more

[[Page 2206]]

automated and moving towards a paperless system for shipments. 
According to UPS, ``Millions of air shipments, including those in the 
UPS small package service, move every day without an accompanying air 
waybill. The vast majority of such small package service shipments are 
transported with an address label affixed to the package * * * PHMSA's 
proposal depends on the unfounded assumption that an air waybill will 
be generated for every air shipment * * *.'' FedEx adds, ``We estimate 
that well over 50% of shipments offered to FedEx Express do not have a 
paper air waybill.''
    Two commenters [NACA, Omni] note that in many cases the carrier or 
freight forwarder prepares the air waybill and disagree with PHMSA's 
premise that including the words ``not restricted'' on an air waybill 
allows a carrier or freight forwarder to verify that the shipper has 
complied with applicable requirements. According to Omni, ``* * 
*[w]here the consignor tenders a material or article to an aircraft 
operator or freight forwarder and the operator's or freight forwarder's 
agent prepares the air waybill, the stated intent of the PHMSA may not 
be satisfied.'' Omni suggests PHMSA require the confirmation of 
compliance on the accompanying air waybill or other transport document 
to permit the endorsement in a form other than the air waybill prepared 
by the operator or freight forwarder. NACA suggests requiring the 
shipper to submit written verification that the shipment is determined 
to be ``not restricted'' or requiring the shipper endorsement of an air 
waybill prepared by a carrier or the freight forwarder.
    Recent incidents involving batteries and battery-powered devices 
suggest that shippers may not be aware of all the HMR requirements 
applicable to shipments of these items. Moreover, the lack of a 
declaration or some other type of shipment identification accompanying 
these shipments to air carriers may result in unsafe handling during 
transportation. We believe that a requirement to indicate on a shipping 
document or other media that the shipment conforms to all applicable 
requirements will enhance safety through increased awareness on the 
part of both shippers and carriers.
    It was not our intent to specifically require the use of an air 
waybill to communicate conformance. We agree with commenters that 
recommend consistency with ICAO TI requirements to include the words 
``not restricted'' when an air waybill is issued. However, in light of 
comments submitted indicating that not all shipments are accompanied by 
an air waybill, limiting the requirement to ``when an air waybill is 
issued'' does not satisfy the intent of communicating conformance with 
the HMR. Therefore, as suggested by COSTHA, we are revising the 
language to be similar to the ``excepted quantities'' documentation 
requirements to specify that ``if a document such as an air waybill 
accompanies a shipment, the words `not restricted' must be provided on 
the document.'' The documentation we refer to is some form of transport 
documentation prepared to accompany the shipment. To assist the 
communication process, we recommend including the words ``not 
restricted'' on the top page of a multiple page document in a manner 
clearly distinguishing the required words from other text. In addition, 
to reduce the paperwork burden that may result from this requirement, 
in this final rule, we are adopting an alternative means of 
communicating conformance. Specifically, a shipper may elect to mark 
each package containing batteries or battery-powered devices with the 
words ``not restricted'' in lieu of placing the words on a transport 
document accompanying the shipment. Finally, in response to commenters' 
concerns that this amendment will impose additional documentation-
related burdens, we are recalculating the related information 
collection pertaining to shipping papers and will submit a revised 
package to OMB. A separate Federal Register notice will be published 
pending OMB review (See discussion under ``Paperwork Reduction Act'').
    Note that the requirement to include the notation ``not 
restricted'' on an air waybill, shipping document, or as a package 
marking applies to cargo shipments of dry, sealed batteries that are 
greater than 9 volts. Other types of batteries, including lithium 
batteries and non-spillable batteries, are already subject to hazard 
communication requirements in the form of shipping documentation and/or 
package markings and labels.
    We are not adopting our proposal for an air waybill certification 
requirement for other types of hazardous materials shipments. See the 
discussion later in this preamble.
    Conforming amendments. In the July NPRM, we proposed a number of 
conforming amendments to ensure that batteries are transported in 
accordance with the proposed requirements in Sec.  173.159. For 
example, Sec.  173.21 currently prohibits the transportation of 
electrical devices unless packaged to prevent the creation of sparks or 
generation of a dangerous amount of heat. In the NPRM, we proposed to 
revise this paragraph to clarify that the term ``electrical devices'' 
includes ``batteries'' and ``battery-powered devices.'' We also 
proposed to revise Special Provision 130 to specify that ``Batteries, 
dry, sealed, n.o.s.'' are not subject to the requirements of the HMR 
except those pertaining to incident reporting, short circuit 
protection, damage to terminals, prevention of the potential of a 
dangerous evolution of heat, and when transported by aircraft, 
unintentional activation and an indication on the air waybill that all 
conditions for transport have been met (Special Provision 130). In 
addition to the proposed amendments, in this final rule, we are adding 
clarifying language that the requirements in Special Provision 130 for 
dry batteries transported by air only apply to shipments of batteries 
whose voltage (electrical potential) exceeds 9 volts.
    We received a number of comments [BCI, NEMA, Omni, PRBA,UPS, URS] 
generally supporting our efforts to clarify requirements for preventing 
short circuits and inadvertent activation as well as our proposal to 
include examples of packaging methods to meet performance standards. 
However, several commenters [NEMA, PRBA, URS] oppose the current 
structure of the regulatory text outlining examples of packaging 
methods to prevent short circuits for batteries excepted under Sec.  
172.102, Special Provision 130. Specifically, commenters are concerned 
with the examples we provided to package each battery when practicable 
in fully enclosed inner packagings or separating the batteries in a 
manner to prevent contact with other batteries, devices or conductive 
materials. The commenters are also concerned that this language would 
disallow the current practice of retail packaging commonly referred to 
as ``blister packs'' and volume packaging of batteries. Commenters note 
that during volume packaging of batteries, batteries are packaged in 
such a manner that the metal sides or jackets of the batteries contact 
one another, but are positioned and packaged so that there is no 
terminal-to-terminal contact or terminal-to-metal contact, and there is 
no shifting of the contents to allow such contact.
    We agree with the commenters that clarification of the proposed 
language may be warranted. The intent of including the examples of 
methods to protect from short circuits is to assist shippers to 
identify specific methods of achieving the standard. As UPS notes 
``[t]he inclusion of these examples will lead to better understanding 
of the specific steps required to prevent incidents in 
transportation.'' Our intent is not to prohibit a method of packaging

[[Page 2207]]

that has a track record of safe transport. Indeed, we have issued 
previous interpretive guidance indicating that battery-to-battery 
contact is not prohibited provided there is no contact between battery 
terminals, battery terminals and conductive material, or shifting that 
would allow such contact. Therefore, in this final rule, we are 
revising the proposed language in Sec. Sec.  172.102, Special Provision 
130 and 173.159 to clarify the requirements.
    One commenter [Omni] expresses concern that FAA requirements in 14 
CFR Part 382 no longer align with the requirements in Parts 171 through 
175 because of proposed revisions to Sec. Sec.  173.159 and 175.10. 
Omni encourages agencies within DOT to coordinate efforts to ensure 
requirements from the respective agencies align. We agree that 
alignment within the agencies is necessary; however, we are not aware 
of any conflict.
    One commenter [BCI] indicates that we did not clearly state the 
numerous ways protection against short circuits and generating a 
dangerous quantity of heat can be achieved. BCI points out that ``* * 
*certain batteries are designed in such a way to prevent short 
circuits, and thus need not be subject to additional packaging 
requirements. (Examples include, but are not limited to, recessed 
battery terminals.)* * *'' BCI recommends that PHMSA incorporate design 
considerations into the transport requirements for batteries or 
battery-powered devices. We agree. The requirements are not intended to 
regulate the design of these materials but allow for designs that 
conform to the requirements. For instance, the requirements allow for 
compliance with the requirement to protect against damage to terminals 
through design implementation such as recessed battery terminals.
    In the July NPRM, we also proposed to amend certain entries in the 
Hazardous Materials Table (HMT) in Sec.  172.101. Currently, under the 
HMR, dry batteries are not subject to incident reporting or measures to 
prevent unintentional activation until a dangerous amount of heat has 
developed. As indicated above, in this final rule, we are extending the 
requirements for incident reporting and enhanced packaging to cover all 
batteries and battery-powered devices. Therefore, we are removing the 
entry ``Batteries, dry, not subject to the requirements of this 
subchapter'' and adding a new entry, ``Batteries, dry, sealed, n.o.s.'' 
to the HMT.
    It should be noted that shippers must distinguish between the 
proper shipping name ``Batteries, dry, sealed, n.o.s.,'' and the 
existing proper shipping name ``Batteries, wet, non-spillable, electric 
storage.'' Batteries described as ``Batteries, wet, non-spillable, 
electric storage'' have metallic lead and lead oxide electrodes and 
sulfuric acid electrolytes just like regular ``wet'' batteries, but the 
acid is either gelled with silica or absorbed in a mat of micro-glass 
fibers. These batteries are not truly ``sealed'' (non-spillable) but 
are ``valve regulated'' (they are technically termed ``valve-regulated 
lead-acid'' or ``VRLA''). The resealable valves prevent the entrance of 
oxygen from the outside air, but release excess hydrogen and oxygen 
formed during overcharging. These types of batteries are generally used 
for 12-volt vehicular starting applications and uninterruptible power 
supply applications.
    Batteries described under the new proper shipping name ``Batteries, 
dry, sealed, n.o.s'' are hermetically sealed and generally utilize 
other metals and/or carbon as electrodes. These batteries are typically 
used for portable power applications. The rechargeable (and some 
nonrechargeable) types have gelled alkaline electrolytes (rather than 
acidic) making it difficult for them to generate hydrogen or oxygen 
when overcharged.
    The entry ``Batteries, dry, containing potassium hydroxide solid, 
electric storage'' is being revised by adding to column (7) a reference 
to new Special Provision 237. The new special provision specifies that 
``Batteries, dry, containing potassium hydroxide solid, electric 
storage'' must be prepared and packaged in accordance with the 
requirements of Sec.  173.159(a), (b), and (c), and for transportation 
by aircraft, Sec.  173.159(b)(2). The entry ``Batteries, wet, non-
spillable, electric storage'' is revised by adding to column (8A), a 
reference to new Sec.  173.159a.
    Section 173.189 establishes transportation requirements for 
batteries containing sodium or cells containing sodium. In the NPRM, we 
proposed to revise paragraph (e) to specify that vehicles, machinery 
and equipment powered by sodium batteries must be consigned under the 
entry ``Battery-powered vehicle or Battery-powered equipment.'' This 
amendment is being adopted as proposed.
    Section 176.84 contains additional stowage and segregation 
requirements for hazardous materials on cargo and passenger vessels. In 
this final rule, in order to align the HMR with the IMDG Code, a new 
vessel stowage code ``146'' is added to the Sec.  176.84(b) table to 
specify that, ``Category B stowage applies for unit loads in open cargo 
transport units.'' The new vessel stowage code ``146'' is assigned to 
``Batteries, wet, filled with acid, electric storage,'' UN2794 and 
``Batteries, wet, filled with alkali, electric storage,'' UN2795 in 
column (10B) of the HMT.
    Lithium batteries. Except for incident reporting requirements, the 
July NPRM did not propose any amendments pertaining to the 
transportation of lithium batteries. PHMSA is continuing to evaluate 
and reduce lithium battery risks through targeted enforcement; 
inspections and testing, including root cause investigation of all 
incidents; public outreach; and other non-regulatory initiatives.
    Three commenters [ALPA, Fedco, Omni] express disappointment that 
PHMSA is not proposing any amendments pertaining to the transportation 
of lithium batteries. One commenter [Fedco] is, ``appalled to find * * 
* Amendments to the HMR pertaining to lithium batteries based on the 
Fifteenth revised edition of the UN Recommendations are not being 
proposed in this rulemaking.'' Fedco notes the burden this places on 
its company by requiring ``extreme diligence'' when shipping lithium 
cells and batteries because of the dual shipping and packaging 
requirements and strongly urges PHMSA to fully harmonize with the UN 
Recommendations. Omni also expresses concern but requests that, ``* * * 
at a minimum, the PHMSA incorporate in to Sec.  172.101 the three new 
lithium ion battery proper shipping names and the three replacement 
lithium metal battery proper shipping names that come into effect 
internationally * * *'' as of January 1, 2009. An additional commenter 
[NEMA] requests clarification of the weight limitations for packages of 
small lithium cell and batteries.
    We appreciate the concerns expressed by shippers about the 
challenges involved with complying with differing regulatory standards 
and requirements. However, it should be noted that because the HMR 
permit compliance with ICAO requirements for air shipments, the new 
proper shipping names may be used for air transportation, both 
domestically and internationally, and for transportation by motor 
vehicle and rail immediately before or after being transported by 
aircraft. Further, as stated in the NPRM, we plan to complete an 
assessment of the costs and benefits of further restrictions and 
available alternatives before developing additional lithium battery 
rulemaking proposals. Therefore, except for incident reporting

[[Page 2208]]

requirements and some clarifying language for protection against short 
circuits, this final rule does not adopt amendments pertaining to the 
transportation of lithium batteries. In the meantime, we will continue 
to monitor and evaluate the safety performance of lithium batteries in 
transportation, identify and target counterfeit and other non-
conforming batteries, and encourage the development and introduction of 
safer battery designs.

B. Additional Amendments Adopted in This Final Rule

    In addition to the battery-related amendments detailed above, in 
this final rule, we are adopting the following amendments to harmonize 
the HMR with the most recent revisions to the UN Recommendations, ICAO 
TI, and IMDG Code:
     Hazardous Materials Table (HMT): Amendments to the Sec.  
172.101 HMT to add, revise, or remove certain proper shipping names, 
hazard classes, packing groups, special provisions, packaging 
authorizations, bulk packaging requirements, passenger and cargo 
aircraft maximum quantity limitations and vessels stowage provisions. 
Additionally, we are revising several entries in the HMT to correct 
typographical errors.
     Fuel Cells: Amendments to the HMT to add four new proper 
shipping names to describe the range of fuel used in fuel cell 
cartridges: (1) Corrosive substances (UN3477); (2) liquefied flammable 
gas (UN3478); (3) hydrogen in metal hydride (UN3479); and (4) water-
reactive substances (UN3476). In addition, we are adopting amendments 
to expand the types of fuel cell cartridges permitted in carry-on 
baggage to include water-reactive substances and hydrogen in a metal 
hydride. Amendments to Sec.  173.230 provide packaging requirements for 
fuel cells and, except for transportation by aircraft, limited quantity 
exceptions for the various types of fuel cell cartridges specified 
above.
     Small Quantity Exceptions: Amendments maintaining current 
allowances for small quantities of Division 2.2, Class 3, Division 4.1, 
Division 4.2 (PG II and III), Division 4.3 (PG II and III), Division 
5.1, Division 5.2, Division 6.1, Class 7, Class 8, and Class 9 
materials transported by highway and rail and adopting the UN and ICAO 
excepted quantity provisions for transportation by aircraft or vessel.
     Incident Reporting: Amendments to provisions that except 
certain hazardous materials or commodities from the requirements of the 
HMR, including incident reporting requirements. The HMR contain 
overriding provisions in Sec. Sec.  171.15 and 171.16 requiring notice 
of specific types of incidents to the National Response Center (NRC) 
and submission of a Hazardous Materials Incident Report, DOT Form F 
5800.1, when in possession of a hazardous material at the time of an 
incident. The NRC relies on notices to gather and distribute spill data 
to emergency responders, and the DOT hazardous materials transportation 
safety program relies on DOT Form F 5800.1 to gather basic information 
on incidents that occur during transportation. We proposed to amend 
several provisions to emphasize the need to provide notice to the NRC 
and to address the need to obtain more accurate and complete data on 
incidents. Based on our review of comments regarding the proposed air 
waybill requirements for ``not restricted'' materials and based on past 
history of safe transportation of these excepted materials, in this 
final rule, we are not adopting the incident reporting requirement as 
proposed for those materials excepted in Sec. Sec.  173.162, 173.164, 
173.166, 173.186, 173.306, and 173.307. However, we are adopting our 
proposals to revise the exceptions and Special provisions applicable to 
batteries to include incident reporting requirements because there is a 
greater need to collect data as is discussed in the above Section A. We 
will continue to review the merits of the proposal and may reconsider 
the proposed amendments for a future rulemaking.
     Organic Peroxide Tables: Amendments to the Organic 
Peroxide Tables to add, revise, or remove certain hazardous materials 
and provisions.
     Incorporation by Reference: Amendments to incorporate by 
reference the updated ICAO TI, IMDG Code, TDG, UN Recommendations, and 
the addition of two new International Organization for Standardization 
(ISO) standards.
     Petitions for Rulemaking: In this final rule, we are 
addressing several petitions for rulemaking: P-1490, requesting PHMSA 
to remove the requirement that the type of package must be included on 
the notification of pilot-in-command; P-1494, requesting PHMSA to 
specify that pictograms described in the UN Globally Harmonized System 
of Classification and Labelling of Chemicals (GHS) are not prohibited 
under the HMR; P-1505, requesting PHMSA to include a new proper 
shipping name ``Powder, smokeless,'' UN0509, to the HMT and to include 
the new entry among the explosives assigned Packaging Instruction 
114(b) in Sec.  173.62; and P-1516, requesting PHMSA to allow the 
marine pollutant list to remain the basis in domestic transportation 
for regulating substances hazardous to the environment while permitting 
substances meeting the new IMDG Code criteria to be transported as 
substances hazardous to the environment. We are also addressing 
petitions P-1517 and P-1518, requesting PHMSA to align provisions for 
the transport of fuel cell systems and cartridges in the HMR with 
international standards.
     Requirements for Marine Pollutants: Recently, the 
classification criteria for marine pollutants in the IMDG Code were 
amended for consistency with the aquatic toxicity criteria adopted 
within the GHS. The HMR currently allow materials meeting the criteria 
of a marine pollutant under the prior IMDG Code criteria to be classed 
as such for domestic or international transportation (see paragraph 4 
of the introduction to Appendix B of Sec.  172.101). The new 
classification system adopted in the IMDG Code is complicated, and the 
associated criteria for classifying mixtures containing marine 
pollutants would involve an additional layer of complexity without a 
corresponding public benefit. Therefore, in the NPRM, we did not 
propose to adopt the new IMDG Code environmental classification system. 
Instead, we proposed to maintain the current regulatory approach to 
facilitate transportation without mandating use of the new GHS-based 
criteria. We also proposed to adopt a new marking for marine pollutants 
consistent with the marking adopted within the IMDG Code. These 
amendments are being adopted as proposed. These actions will provide 
the greatest possible harmonization with international requirements 
without imposing an undue burden on industry. This amendment is also 
consistent with a Petition for Rulemaking (P-1516) filed by DGAC. DGAC 
requested that for domestic transportation the marine pollutant list be 
maintained as the basis for regulating substances hazardous to the 
environment while permitting a substance meeting the new IMDG Code 
criteria to be transported as a substance hazardous to the aquatic 
environment. DGAC also recommended that the current 10 percent rule for 
classifying mixtures containing marine pollutants be used while 
allowing compliance with the mixture calculation in the IMDG Code. 
Though we did not propose to implement a 10 percent rule for marine 
pollutants irrespective of whether they are identified as a severe 
marine pollutant, we requested comments on that recommendation. In 
particular, we

[[Page 2209]]

were interested in the environmental impacts of such a change and its 
effect on human health and the environment. We invited comments on the 
practical consequences of the differing approaches, for instance, in 
the event of release of such substances into aquatic resources and 
drinking water. We did not receive any comments specifically addressing 
the release of substances into aquatic resources and drinking water. 
However, comments pertaining to the proposal to maintain the current 
regulatory approach to facilitate transportation without mandating use 
of the new GHS-based criteria are discussed under the section entitled 
``Appendix B to Sec.  172.101'' in this rulemaking.

C. Amendments Not Being Adopted in This Final Rule

    This final rule makes changes to the HMR based on amendments to the 
Fifteenth revised edition of the UN Recommendations, Amendment 34 to 
the IMDG Code, and the 2009-2010 ICAO TI, which become effective 
January 1, 2009. However, we are not adopting all of the amendments to 
those documents into the HMR. In many cases, amendments to the 
international recommendations and regulations have not been adopted 
because the framework or structure of the HMR makes adoption 
unnecessary. In other cases, we have handled, or will be handling, the 
amendments in separate rulemaking proceedings. If we have inadvertently 
omitted a proposed amendment in the NPRM, we will attempt to include 
the omission in this final rule. However, our ability to make changes 
in a final rule is limited by requirements of the Administrative 
Procedure Act (5 U.S.C. 553). In some instances, we can adopt a 
provision inadvertently omitted in the NPRM if it is clearly within the 
scope of changes proposed in the notice, does not require substantive 
changes from the international standard on which it is based, and 
imposes minimal or no cost impacts on persons subject to the 
requirement. Otherwise, in order to provide opportunity for notice and 
comment, the change must be proposed in an NPRM.
    One of the goals of this rulemaking is to continue to maintain 
consistency between the HMR and the international requirements. We are 
not striving to make the HMR identical to the international 
regulations, but rather to remove or avoid potential barriers to 
international transportation.
    Below is a listing of significant amendments to the international 
regulations that we are not adopting in this final rule with a brief 
explanation of why the amendment was not included:
     Requirements for Hazardous Materials Security. The UN and 
ICAO have adopted minimal requirements pertaining to hazardous 
materials security. On March 25, 2003, we published a final rule to 
enhance the security of hazardous materials transported in commerce (68 
FR 14510). Pursuant to that final rule, shippers and carriers of 
certain highly hazardous materials are required to develop and 
implement security plans. In addition, all shippers and carriers of 
hazardous materials are required to include a security component. The 
security plan requirements apply to shipments of hazardous materials 
that must be placarded and to select agents. In a separate rulemaking 
[PHMSA-06-25885 (HM-232F); 73 FR 52558, September 9, 2008] we proposed 
revisions to the list of materials for which security plans are 
required to ensure that the requirements apply only to those materials 
that pose a true security risk in transportation. We expect to publish 
a final rule in the spring of 2009.
     Requirements for Radioactive Materials. We are not 
adopting provisions pertaining to the transportation of Class 7 
(radioactive) materials. Amendments to requirements pertaining to the 
transportation of Class 7 (radioactive) materials are based on changes 
contained in the International Atomic Energy Agency (IAEA) publication, 
``IAEA Safety Standards: Regulations for the Safe Transport of 
Radioactive Materials.'' Due to their complexity, these changes are 
being addressed in a separate rulemaking under Docket HM-250.
     Requirements for Infectious Substances. The UN and ICAO 
have adopted minimal standards applicable to the transportation of 
human remains and animal carcasses as to which there is minimal 
likelihood that pathogens are present. For purposes of the HMR, such 
specimens are not considered hazardous, and their transportation is not 
subject to the HMR. These specimens are currently regulated by the Food 
and Drug Administration of the U.S. Department of Health and Human 
Services, the U.S. Department of Agriculture, and State and local 
authorities. Therefore, we are not adopting the new international 
provisions into the HMR.
     Requirement for Definition of ``Target'' for Use During 
Packaging Testing. Amendments to the HMR pertaining to the definition 
of a ``target'' for a drop test performed on non-bulk packagings are 
not being adopted in this rulemaking. The UN Recommendations amended 
the description to specify that the surface of a target must be 
immovable, free of defects, rigid, and large enough to ensure that the 
test package falls entirely upon the surface. We believe the current 
provisions in the HMR pertaining to the drop test method for non-bulk 
packagings adequately address this issue.
     Requirement for Vibration Test for All Intermediate Bulk 
Containers (IBCs). Amendments to the HMR pertaining to the test method 
and duration of a vibration test for IBCs are not being adopted in this 
rulemaking. PHMSA successfully helped to introduce to the UN 
Recommendations a vibration test requirement for IBCs that would both 
enhance safety and help to establish a more equivalent testing protocol 
for manufacturers of IBCs worldwide. However, the vibration test 
adopted by the UN may be conducted as a ``stand-alone'' design-type 
test on an otherwise untested IBC. In contrast, the vibration test 
originally introduced by PHMSA would require the vibration test to be 
conducted in sequence with other required tests. We believe this method 
provides a higher degree of safety, and therefore, are not amending the 
vibration test requirements currently in the HMR.
     Requirement for Bromine (UN1744). In the most current 
edition of the UN Recommendations, a packing instruction and a special 
packing provision for ``Bromine,'' UN1744 were consolidated into a new 
packing instruction specifically for Bromine. After reviewing this new 
packing instruction, we believe the current provisions in the HMR 
pertaining to the packaging of Bromine are adequate. The most 
noteworthy revision to the UN packing instruction which was initially 
adopted by the UN, was the removal of the intermediate packaging 
requirement for combination packagings. This decision was later 
reversed. Therefore, because the HMR already require an intermediate 
packaging, we are not adopting this amendment in this rulemaking.
     Exceptions to Packaging for Paint and Paint-Related 
Material. Amendments authorizing certain exceptions from performance 
testing of packagings containing paint and certain paint-related 
materials are not being adopted in this rulemaking. Currently, both the 
UN Recommendations and the HMR contain certain packaging exceptions for 
specific adhesives, printing inks, printing ink related materials, 
paint, paint-related materials and resin solutions (see UN Packing 
Instruction P001, Special Packing

[[Page 2210]]

Provision PP1 and 49 CFR 173.173(b)(2)). The Fifteenth revised edition 
of the UN Recommendations expands the exceptions to also include such 
materials when classified as environmentally hazardous substances. We 
are currently reviewing the incident data related to these exceptions 
and may consider this issue for a future rulemaking.
     Requirements for Lithium Batteries. Amendments to the HMR 
pertaining to lithium batteries based on the Fifteenth revised edition 
of the UN Recommendations are not being adopted in this rulemaking. We 
are reviewing these requirements and may consider them for a future 
rulemaking.
     Requirements for Additional Signage. Amendments to the HMR 
pertaining to additional signage in airports are not being adopted in 
this rulemaking. We are reviewing these amendments, including the 
related cost impacts, and may consider them for a future rulemaking. In 
the NPRM, we requested comments to provide information and suggestions 
that we can use during a future review. One commenter [ATA] states that 
it does not support airport signage as a primary means of hazard 
communication and that the ICAO requirements for more information on 
signage are not effective or efficient. Further, the commenter urges 
PHMSA not to adopt the ICAO signage requirements. We acknowledge the 
commenter's remarks and will include them in our consideration of a 
future rulemaking.
     Requirement for Hazard Communication on an Air Waybill: 
Amendment to require the consignor to indicate on the air waybill that 
certain hazardous materials or articles have met the conditions for 
transport as specified in applicable exceptions or special provisions. 
Based on comments received in response to the NPRM and the past history 
of the safe transport of the hazardous materials that would be subject 
to these amendments, we are not adopting the amendments in this final 
rule. However, we will continue to review the merits of this hazard 
communication amendment and may reconsider incorporating the amendment 
or a similar revised version of the amendment in a future rulemaking.

III. Section-by-Section Review

    Following is a section-by-section review of the amendments adopted 
in this final rule. Note that this section-by-section review excludes 
the amendments applicable to the transportation of batteries and 
battery-powered devices, which are detailed in section II of this 
Notice.

Part 171

Section 171.7
    The ``National Technology Transfer and Advancement Act of 1996'' 
directs agencies to use voluntary consensus standards. According to OMB 
Circular A-119, ``Federal Participation in the Development and Use of 
Voluntary Consensus Standards and in Conformity Assessment 
Activities,'' government agencies must use voluntary consensus 
standards wherever practical in the development of regulations. Agency 
adoption of industry standards promotes productivity and efficiency in 
government and industry, expands opportunities for international trade, 
conserves resources, improves health and safety, and protects the 
environment.
    To these ends, PHMSA actively participates in the development and 
updating of consensus standards through representation on more than 20 
consensus standards bodies. PHMSA regularly reviews updated consensus 
standards and considers their merit for inclusion in the HMR.
    Section 171.7 lists all standards incorporated by reference into 
the HMR. For this rulemaking, we evaluated updated international 
consensus standards pertaining to proper shipping names, hazard 
classes, packing groups, special provisions, packaging authorizations, 
air transport quantity limitations, and vessel stowage requirements and 
determined that the revised standards provide an enhanced level of 
safety without imposing significant compliance burdens.
    One commenter [TFI] requests that we amend the HMR to include the 
most current edition of the Transport Canada's TDG Regulations by 
referencing ``Amendment 6'' in the Sec.  171.7 list of standards 
incorporated by reference. Amendment 6 of the TDG was published in Part 
II of the Canada Gazette on February 20, 2008. The Sec.  171.7 list of 
standards of the HMR currently lists Amendment 5. We acknowledge the 
commenter's request to include Amendment 6 in our list of standards 
incorporated by reference. We are currently evaluating the changes in 
Amendment 6 of the TDG to determine whether the revised standards 
provide an enhanced level of safety without imposing significant 
compliance burdens, and will consider its inclusion in the HMR in a 
future rulemaking. However, in this final rule we are incorporating the 
new subsection 4.18(5) of Amendment 6 pertaining to placarding of 
anhydrous ammonia, UN1005. This amendment will maintain our long-
standing policy of accepting the TDG placards in the U.S. and will 
facilitate the safe and efficient transportation of anhydrous ammonia 
between the U.S. and Canada.
    We did not receive comments opposing the incorporations by 
reference proposed in the NPRM; therefore we are updating the addresses 
and the incorporation by reference materials for the ICAO TI, the IMDG 
Code, and the UN Recommendations. In addition, we are updating the ISO 
address and adding two new ISO Standards. The updated editions of these 
standards become effective January 1, 2009.
    The following currently referenced standards will be updated as 
shown in the amended Sec.  171.7:
     International Civil Aviation Organization (ICAO), 
Technical Instructions for the Safe Transport of Dangerous Goods by 
Air, 2007-2008 Edition.
     International Maritime Organization (IMO), International 
Convention for the Safety of Life at Sea (SOLAS) Amendments 2000, 
Chapter II-2, Regulation 19, 2001 and The International Maritime 
Organization's International Maritime Dangerous Goods Code, 2006 
Edition, Incorporating Amendment 33-06, English Edition, Volumes 1 and 
2.
     International Organization for Standardization, ISO 
10156:1996, Gases and Gas Mixtures--Determination of fire potential and 
oxidizing ability for the selection of cylinder valve outlets, Second 
edition February 1996 (E) and ISO 10156--2:2005, Gas cylinders--Gases 
and gas mixtures--Part 2: Determination of oxidizing ability of toxic 
and corrosive gases and gas mixtures, First edition, August 2005, (E).
     Transport Canada, Transportation of Dangerous Goods 
Regulations (Transport Canada TDG Regulations), August 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.
     United Nations, The UN Recommendations on the Transport of 
Dangerous Goods, Fourteenth revised edition (2005), Volumes I and II.
Section 171.14
    This section prescribes transitional provisions for recently 
adopted

[[Page 2211]]

regulatory changes in the HMR. In a final rule, under Docket HM-218D 
(73 FR 4699; on January 28, 2008), we added a new entry for ``Ethanol 
and gasoline mixture or Ethanol and motor spirit or Ethanol and petrol 
mixture, with more than 10% ethanol, 3, UN3475, II'' in the HMT. 
Although we included a delayed compliance date for the implementation 
of the new identification number marking requirements in Sec.  
172.332(c)(6) and (c)(7), we did not provide the same transition period 
in the regulatory text for the continued use of the proper shipping 
names for these materials that were in effect prior to the publication 
of the HM-218D final rule. For example, for a gasoline and alcohol fuel 
blend containing 85 percent alcohol (E85), the most appropriate 
description prior to the HM-218D rulemaking was ``Flammable liquid, 
n.o.s., (ethanol, gasoline), 3, UN1993.'' Our intent was to minimize 
the costs of transitioning to this new description by allowing the 
continued use of shipping names for these materials that were in effect 
prior to publication of the HM-218D final rule for a period of two 
years from the effective date, as discussed in the HM-218D final rule 
preamble. To correct this oversight, in this rulemaking, we are adding 
a new paragraph (h) to specify that effective October 1, 2010, the new 
proper shipping name ``Ethanol and gasoline mixture or ethanol and 
motor spirit mixture or ethanol and petrol mixture,'' and the revised 
proper shipping name ``Gasohol gasoline mixed with ethyl alcohol, with 
not more than 10% alcohol must be used, as appropriate.
Section 171.25
    Section 171.25 specifies additional requirements for the use of the 
IMDG Code when a hazardous material is offered for transportation to, 
from, or within the U.S. by vessel, and by motor carrier and rail, 
provided all or part of the movement is by vessel. Recently, an 
incident occurred in which a portable tank containing ``Argon, 
refrigerated liquid (cryogenic liquid),'' UN1951, stowed below the deck 
of a vessel released its contents, resulting in the asphyxiation deaths 
of three individuals who entered the confined cargo space where the 
portable tank was stowed. The HMR currently prohibit the stowage of 
such materials below deck (Sec.  176.76(g)) because of the potential 
hazard of asphyxiation when large volumes of refrigerated liquefied 
gases are released below the deck of a vessel in confined spaces. 
However, the IMDG Code does not prohibit the stowage of tanks below 
deck in all cases. Some refrigerated liquefied gases, including argon, 
are assigned to stowage ``Category B'' in column (16) of the dangerous 
goods list of the IMDG Code. Therefore, in the NPRM, we proposed to 
revise Sec.  171.25(c)(5) to specify that portable tanks, cargo tanks, 
and tank cars containing cryogenic liquids must be ``on deck'' 
regardless of the stowage authorized in the IMDG Code.
    Two commenters [Signal, VOHMA] support the proposal, but both 
express concern pertaining to its implementation. VOHMA states that 
``we are concerned that vessels transiting U.S. ports and in compliance 
with the current IMDG Code authorization for ``under-deck'' stowage may 
be problematic'' and requests that PHMSA ensure that shippers are made 
aware of the requirement. We agree with the commenter. PHMSA submitted 
a proposal to the IMO Subcommittee on Dangerous Goods, Solid Cargoes 
and Containers to address the issue of stowage of cryogenic liquids as 
discussed above. IMO will adopt the provisions in the IMDG Code under 
Amendment 35-10. In the interim period between adoption in the HMR and 
adoption in the IMDG Code, PHMSA will work with the IMO and various 
trade associations to advise shippers and carriers of this new 
provision.
    Signal recommends that PHMSA revise paragraph (d) of this section 
(Use of the IMDG Code in port areas) to clarify that the provision to 
store portable tanks, cargo tanks, and tank cars containing cryogenic 
liquids ``on deck'' is also applicable to port areas. The commenter 
expresses concern regarding vessels passing through U.S. port areas 
where cryogenic liquids may be stowed ``under-deck'' in accordance with 
the IMDG Code stowage requirements. The commenter believes the hazard 
is just as great to U.S. maritime workers even though the cargo may not 
be loaded or unloaded in the U.S. port of call. Additionally, pending a 
revision to paragraph (d), Signal also urges PHMSA to waive the 
proposed one year transition period and make the provisions for stowage 
of cryogenic liquids effective on the date of publication of this 
rulemaking. We agree with the commenter's concern regarding the 
applicability of the provision in U.S. port areas and due to the 
immediate nature of the risk associated with stowing bulk packagings of 
cryogenic liquids ``under-deck,'' in this final rule, we are adding a 
new paragraph (d)(3) to specify that this provision is applicable to 
U.S. port areas. We also agree with the recommendation to make the 
provisions effective immediately. Therefore, in this final rule, we are 
revising paragraphs (c)(5) and (d)(3) of Sec.  171.25 to indicate that 
these specific requirements are effective 30 days after the date of 
publication of the rulemaking, except for shipments transporting these 
materials prior to the effective date of this amendment.

Part 172

Section 172.101 Hazardous Materials Table (HMT)
    Section 172.101 contains the HMT and explanatory text for each of 
the columns in the HMT. We proposed to make various amendments to the 
HMT. Readers should review all changes for a complete understanding of 
the amendments. For purposes of the Government Printing Office's 
typesetting procedures, changes to the HMT appear under three sections 
of the Table, ``remove,'' ``add,'' and ``revise.'' Certain entries in 
the HMT, such as those with revisions to the proper shipping names, 
appear as a ``remove'' and ``add.'' Amendments to the HMT for the 
purpose of harmonizing with international standards include, but are 
not limited to, the following:
    In the final rule for Docket HM-215G (69 FR 76044; December 20, 
2004), we added new generic entries for Organometallic substances 
consistent with descriptions added to the UN Recommendations. In the 
final rule, we allowed the continued use of certain specific 
Organometallic entries; however, we anticipated removing the specific 
Organometallic entries from the HMT by January 1, 2007. The entries 
were to be removed because they were superseded by more appropriate 
generic entries, but were inadvertently overlooked. Therefore, in this 
final rule, we are removing the following Organometallic entries for 
consistency with the intent of HM-215G:

UN3052 Aluminum alkyl halides, liquid
UN3461 Aluminum alkyl halides, solid
UN3076 Aluminum alkyl hydrides
UN3051 Aluminum alkyls
UN1366 Diethylzinc
UN1370 Dimethylzinc
UN2445 Lithium alkyls, liquid
UN3433 Lithium alkyls, solid
UN3053 Magnesium alkyls
UN2005 Magnesium diphenyl

    Portable tank Special Provision TP12 states, ``This material is 
considered highly corrosive to steel.'' The phrase ``highly corrosive 
to steel'' is not defined by any specific criteria. Further, ``TP12,'' 
unlike other TP codes, is simply a statement and does not apply any 
regulatory requirement. It is unclear

[[Page 2212]]

if all highly corrosive materials are assigned Special Provision TP12, 
or if this statement provides any useful guidance for selecting an 
appropriate portable tank. Therefore, we are revising the following 
entries by removing Special Provision TP12:

UN1716 Acetyl bromide
UN1717 Acetyl chloride
UN2584 Alkyl sulfonic acids, liquid or Aryl sulfonic acids, liquid with 
more than 5 percent free sulfuric acid
UN2571 Alkyl sulfuric acids
UN2817 Ammonium hydrogendifluoride, solution, PG II and III
UN2796 Battery fluid, acid
UN1736 Benzoyl chloride
UN1737 Benzyl bromide
UN1738 Benzyl chloride
UN1738 Benzyl chloride unstabilized
UN1739 Benzyl chloroformate
UN2692 Boron tribromide
UN1742 Boron trifluoride acetic acid complex, liquid
UN1743 Boron trifluoride propionic acid complex, liquid
UN1744 Bromine
UN1745 Bromine pentafluoride
UN1744 Bromine solutions
UN1746 Bromine trifluoride
UN2513 Bromoacetyl bromide
NA2742 sec-Butyl chloroformate
UN2353 Butyryl chloride
NA9263 Chloropivaloyl chloride
UN1754 Chlorosulfonic acid with or without sulfur trioxide
UN1755 Chromic acid solution, PG II and PG III
UN1758 Chromium oxychloride
UN2240 Chromosulfuric acid
NA9264 3,5-Dichloro-2,4,6-trifluoropyridine
UN1764 Dichloroacetic acid
UN1768 Difluorophosphoric acid, anhydrous
NA2927 Ethyl phosphonothioic dichloride, anhydrous or Ethyl 
phosphorodichloridate
NA2845 Ethyl phosphonous dichloride, anhydrous pyrophoric liquid
UN1776 Fluorophosphoric acid anhydrous
UN1778 Fluorosilicic acid
UN1777 Fluorosulfonic acid
UN1782 Hexafluorophosphoric acid
UN1789 Hydrochloric acid PG II and PG III
UN1786 Hydrofluoric acid and Sulfuric acid mixtures
UN1790 Hydrofluoric acid, with more than 60 percent strength
UN1790 Hydrofluoric acid, with not more than 60 percent strength
NA2742 Isobutyl chloroformate
UN3246 Methanesulfonyl chloride
NA9206 Methyl phosphonic dichloride
NA2845 Methyl phosphonous dichloride, pyrophoric liquid
NA1556 Methyldichloroarsine
UN1826 Nitrating acid mixtures, spent with more than 50 percent nitric 
acid
UN1826 Nitrating acid mixtures, spent with not more than 50 percent 
nitric acid
UN1796 Nitrating acid mixtures with more than 50 percent nitric acid
UN1796 Nitrating acid mixtures with not more than 50 percent nitric 
acid
UN2031 Nitric acid other than red fuming, with more than 70 percent 
nitric acid
UN2031 Nitric acid other than red fuming, with not more than 20 percent 
nitric acid
UN2031 Nitric acid other than red fuming, with not more than 70 percent 
nitric acid
UN2032 Nitric acid, red fuming
UN1798 Nitrohydrochloric acid
UN2308 Nitrosylsulfuric acid, liquid
UN1873 Perchloric acid with more than 50 percent but not more than 72 
percent acid, by mass
UN1817 Pyrosulfuryl chloride
UN2879 Selenium oxychloride
UN1906 Sludge, acid
UN1828 Sulfur chlorides
UN1829 Sulfur trioxide, stabilized
UN1831 Sulfuric acid, fuming with less than 30 percent free sulfur 
trioxide
UN1831 Sulfuric acid, fuming with 30 percent or more free sulfur 
trioxide
UN1832 Sulfuric acid, spent
UN1830 Sulfuric acid with more than 51 percent acid
UN2796 Sulfuric acid with not more than 51 percent acid
UN1834 Sulfuryl chloride
UN1836 Thionyl chloride
UN2699 Trifluoroacetic acid
NA9269 Trimethoxysilane

    We proposed to add a new non-bulk packaging section (Sec.  173.206) 
for the transportation of certain flammable, corrosive and toxic 
materials, specifically, chlorosilanes that have water-reactive 
properties. For a detailed summary of the rationale, see the discussion 
under Sec.  173.206 in this section of the rulemaking. The following 
entries are revised in Column (8B) by replacing the current non-bulk 
packaging provision with ``206'':
UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1250 Methyltrichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
UN1305 Vinyltrichlorosilane, stabilized

    For consistency in the assignment of Portable tank Special 
Provision TP13 (which requires provision of self-contained breathing 
apparatus when certain hazardous materials are transported by vessel) 
to all chlorosilanes, the following entries are revised in Column (7) 
by adding Special Provision TP13:

UN2987 Chlorosilanes, corrosive, n.o.s.
UN1781 Hexadecyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1818 Silicon tetrachloride

    We consider Portable tank Special Provision TP7 essential for the 
safe transport of chlorosilanes. This special provision requires the 
vapor space to be purged of air by nitrogen or other means. However, 
there is no consistent assignment of ``TP7'' to chlorosilanes. For 
enhanced safety and consistency with international regulations, the 
following entries are revised in Column (7) by adding Special Provision 
TP7:

UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1250 Methyltrichlorosilane
UN1305 Vinyltrichlorosilane, stabilized

    Chlorosilanes of Class 3 and Class 8 are currently authorized for 
transport in metal IBCs under Special Provisions IB1 and IB2. Because 
metal IBCs have lift-up lids with clamp screws, we are concerned that 
the overturn of a metal IBC during an accident may lead to an opening 
of a lift-up lid and result in a

[[Page 2213]]

release of chlorosilanes from these packagings. To address these 
concerns, we are prohibiting the use of metal IBCs by removing the 
respective Special Provisions IB1 or Special Provision IB2 provisions 
from the following entries. We are also adding Special Provision TP7 to 
require the vapor space to be purged of air, as discussed above:

UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.

    Bottom discharge openings are currently allowed on portable tanks 
used for the transport of most chlorosilanes. For example, some 
chlorosilane entries are assigned Portable tank Special Provision T7, 
which provides for bottom opening requirements. As part of a voluntary 
initiative to enhance safety, portions of the regulated community have 
begun to use only portable tanks without bottom discharge connections. 
To further enhance safety and to prohibit the use of portable tanks 
with bottom discharge openings, we are revising the following entries 
by replacing Special Provision T7 with Special Provision T10. Special 
Provision T10 prohibits the use of bottom discharge openings. We are 
also deleting the respective IBC Special Provisions IB1 or IB2 to 
prohibit the use of metal IBCs and adding Special Provision TP7 to 
require the vapor space to be purged of air, as discussed above:

UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichlorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane

    As a safety measure for the transport of most chlorosilanes, we are 
applying Special Provision T10, to prohibit bottom discharge openings 
on portable tanks used to transport chlorosilanes. However, for 
chlorosilanes meeting the criteria of Division 4.3 and for ``n.o.s.'' 
entries meeting the criteria for Classes 3, 8 and Division 6.1 that 
have been assigned Special Provision T10, we are adopting the general 
assignment of Special Provision T14 rather than Special Provision T10. 
In addition to prohibiting bottom outlet openings, Special Provision 
T14 requires a higher minimum test pressure for the periodic 
hydrostatic pressure test. We believe a higher minimum test pressure 
would provide an increased level of safety when transporting these 
types of chlorosilanes in portable tanks. Some chlorosilanes meeting 
the above classification criteria (e.g., UN2987 and UN1295) have 
already been assigned Special Provision T14. Therefore, to enhance 
safety and for consistency in assigning special provisions, we are 
revising the following entries by replacing Special Provision T10 with 
Special Provision T14 in Column (7):

UN2988 Chlorosilanes, water-reactive, flammable, corrosive, n.o.s.
UN1183 Ethyldichlorosilane
UN1242 Methyldichlorosilane

    The following entries are revised by assigning PG II in column (5) 
rather than PG I. The flammability properties (i.e., the flashpoint) 
place them in PG II, and no additional evidence indicates the entries 
are more corrosive than all the other chlorosilanes classed as a Class 
3, subsidiary Class 8, PG II (e.g., UN1126). Therefore, in accordance 
with the Precedence of hazard table (Sec.  173.2a), the entries are 
classed as Class 3, subsidiary Class 8, PG II materials. In addition, 
as discussed above, we are replacing Special Provision T7 with Special 
Provision T10 for most chlorosilanes, however, for these entries 
Special Provision T10 replaces the previously assigned Special 
Provision T11. The entries are revised in Column (5) by assigning PG 
II, and in Column (7) by replacing Special Provision T11 with Special 
Provision T10:
UN1250 Methyltrichlorosilane
UN1305 Vinyltrichlorosilane, stabilized

    As discussed above, for most chlorosilanes, we are replacing 
Special Provision T7 with Special Provision T10, which prohibits bottom 
discharge openings. In addition, we are revising the following entries 
by replacing Special Provision T11 with Special Provision T14 which 
also prohibits bottom discharge openings in portable tanks:

UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.

    Chlorosilanes of Division 6.1 are authorized for transport in metal 
IBCs under Special Provision IB1. As discussed above, we are 
prohibiting the use of metal IBCs for the transport of chlorosilanes. 
Additionally, Special Provision TP27 is recommended for chlorosilanes 
assigned Special Provision T14. If found acceptable according to the 
test pressure definition in Sec.  178.274, Special Provision TP27 
allows a test pressure of 4 bar instead of 6 bar. We are assigning 
Portable tank Special Provision TP27 to all ``n.o.s.'' entries of 
Classes 3, 8 and Division 6.1. Entries for Division 4.3 are assigned 
Special Provision TP27 because of higher risk of a possible release of 
a flammable gas. The following entries are revised in Column (7) by 
deleting Special Provision IB1 and adding Special Provision TP27:

UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.

    The following entries are revised by adding Special Provision IP2 
to correct an inconsistency. When a hazardous material is assigned 
Special Provision IP2, the material must be offered for transportation 
in a closed freight container or a closed transport vehicle. 
``Chloroacetic acid, solid,'' UN1751 is the only Division 6.1, PG II 
material assigned Special Provision IB8 that is not also assigned 
Special Provision IP2. Similarly, the remaining entries listed below 
are Division 5.1, PG II materials assigned Special Provision IB8 but 
not Special Provision IP2. For consistency in the assignment of Special 
Provision IP2, the following entries are revised in Column (7) by 
adding Special Provision IP2:

UN1751 Chloroacetic acid, solid
UN1463 Chromium trioxide, anhydrous.
UN2465 Dichloroisocyanuric acid, dry or Dichloroisocyanuric acid salts
UN1473 Magnesium bromate
UN2627 Nitrites, inorganic, n.o.s.
UN1484 Potassium bromate
UN1485 Potassium chlorate
UN1487 Potassium nitrate and sodium nitrite mixtures
UN1488 Potassium nitrite
UN1490 Potassium permanganate
UN1493 Silver nitrate
UN1494 Sodium bromate
UN1495 Sodium chlorate
UN3247 Sodium peroxoborate, anhydrous

[[Page 2214]]

UN2468 Trichloroisocyanuric acid, dry
UN1512 Zinc ammonium nitrite
UN1514 Zinc nitrate
    Special Provision 36 places net quantity limits per package for 
medicines classed as hazardous materials. However, the quantity limits 
in the special provision are inconsistent with the net quantity 
packaging limits authorized under the limited quantities exceptions for 
these materials in Sec. Sec.  173.150 and 173.153 of the HMR. 
Therefore, the following entries are revised in Column (7) by removing 
Special Provision 36:

UN3248 Medicine, liquid, flammable, toxic, n.o.s.
UN1851 Medicine, liquid, toxic, n.o.s.
UN3249 Medicine, solid, toxic, n.o.s.

    Chemical oxygen generators are subject to stringent packaging and 
shipping requirements. We are adding a new Special Provision 62 to the 
following entries to emphasize that chemical oxygen generators are not 
authorized to be transported under the generic ``oxidizer, n.o.s.'' 
entries.

UN3098 Oxidizing liquid, corrosive, n.o.s.
UN3139 Oxidizing liquid, n.o.s.
UN3099 Oxidizing liquid, toxic, n.o.s.
UN3085 Oxidizing solid, corrosive, n.o.s.
UN3137 Oxidizing solid, flammable, n.o.s.
UN1479 Oxidizing solid, n.o.s.
UN3100 Oxidizing solid, self-heating, n.o.s.
UN3087 Oxidizing solid, toxic, n.o.s.
UN3121 Oxidizing solid, water-reactive, n.o.s.

    The following entries are revised by adding a reference to 
packaging section ``307'' to Column (8A) for consistency with 
international regulations regarding exception from the requirements for 
manufactured articles and apparatuses containing minimal amounts of 
inert gas. See the discussion under Sec.  173.307 in this section of 
the rulemaking for additional information regarding this change.

UN1006 Argon, compressed
UN1046 Helium, compressed
UN1970 Krypton, compressed
UN1065 Neon, compressed
UN2036 Xenon, compressed

    The entry ``Amines, flammable, corrosive, n.o.s. or Polyamines, 
flammable, corrosive, n.o.s.,'' UN2733 is revised to include the PG II 
and PG III entries in proper order to correct inadvertent assignment of 
the entries to UN2734. This revision appears as a ``Remove/Add'' in 
this rulemaking.
    The entry ``Amines, liquid, corrosive, flammable n.o.s. or 
Polyamines, liquid corrosive, flammable n.o.s.,'' UN2734 is revised to 
include a comma after flammable in both proper shipping names and a 
comma between liquid and corrosive in the second proper shipping name 
in Column (2) and to remove the PG II and PG III entries for 
``flammable, corrosive'' to correct inadvertent assignment of these 
entries. This revision appears as a ``Remove/Add'' in this rulemaking.
    The entry ``Batteries, dry, containing potassium hydroxide solid, 
electric storage,'' UN3028 is revised by adding to Column (7) a 
reference to new Special Provision 237.
    The entries ``Boron trifluoride,'' UN1008 and ``Hydrogen iodide, 
anhydrous'' UN2197 are revised by adding the Class 8 subsidiary hazard 
label to Column (6) for consistency with international regulations and 
for consistency with all other Division 2.3 toxic gas entries in the 
HMT that also have the Class 8 subsidiary hazard.
    The entry ``Calcium manganese silicon,'' UN2844 is revised in 
Column (7) by removing Special Provision IP2. When this material is 
transported in other than metal or rigid plastic IBCs, Special 
Provision IP2 specifies they must be transported in a closed freight 
container or a closed transport vehicle. However, this is inconsistent 
with other Division 4.3, PG III materials that are not subject to this 
special provision.
    For consistency with UN Recommendations, the entry ``Chlorine,'' 
UN1017 is revised in Column (6) by adding the Division 5.1 subsidiary 
hazard label. This label will help communicate that this material may 
cause or enhance the combustion of other materials.
    The hazardous materials descriptions for the entries 
``Chloronitrobenzene, liquid ortho,'' UN3409 and ``Chloronitrobenzenes, 
solid meta or para,'' UN1578 are revised in Column (2) by removing the 
italicized word(s). The italicized word(s) associated with the proper 
shipping names are a potential source of confusion and are removed for 
clarification and consistency with the same entries in the UN 
Recommendations. This revision appears as a ``Remove/Add'' in this 
rulemaking.
    The instruction for the entry ``Cartridges, sporting, see 
Cartridges for weapons, inert, porjectile, or Cartridges, small arms'' 
is revised in Column (2) by correcting the misspelling of 
``projectile.'' This revision appears as a ``Remove/Add'' in this 
rulemaking.
    The proper shipping name for the entry ``Corrosive, liquid, acidic, 
inorganic, n.o.s.,'' UN3264 is revised in Column (2) by removing the 
comma appearing between ``corrosive'' and ``liquid'' to read 
``Corrosive liquid, acidic, inorganic, n.o.s.'' This revision appears 
as a ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``Dyes, liquid, corrosive, 
n.o.s., or Dye intermediates, liquid, corrosive, n.o.s.,'' UN2801 is 
revised in Column (2) by italicizing the ``or'' in the proper shipping 
name. This revision appears as a ``Remove/Add'' in this rulemaking.
    The entries ``Environmentally hazardous substances, liquid, 
n.o.s.,'' UN3082 and ``Environmentally hazardous substances, solid, 
n.o.s.,'' UN3077 are revised by adding a new Special Provision 335 in 
Column (7). Special Provision 335 clarifies that mixtures of non-
hazardous solids and environmentally hazardous liquids or solids may be 
classified as UN3077 provided there is no free liquid visible at the 
time the substance is loaded or at the time the packaging or transport 
unit is closed.
    In addition to flammable liquid fuel cell cartridges already 
provided for by the HMR, there are a number of other rapidly advancing 
fuel cell technologies employing a range of fuels. In this final rule, 
we are revising the entry for fuel cells containing a flammable liquid 
(UN3473) to include fuel cell cartridges containing a flammable liquid 
packed with or contained in equipment, and are adding four new proper 
shipping names to the HMT to describe the range of fuel used in fuel 
cell cartridges. These entries are: (1) Water-reactive substances 
(UN3476); (2) corrosive substances (UN3477); (3) liquefied flammable 
gas (UN3478); and (4) hydrogen in metal hydride (UN3479)). Readers 
should note that liquefied flammable gases and hydrogen in a metal 
hydride are both Division 2.1 materials used in fuel cell cartridges. 
However, the provisions necessary for the safe transportation of these 
articles are quite different and therefore, it is necessary to 
distinguish them with separate shipping descriptions.
    A new entry ``Fuel cell cartridges or Fuel cell cartridges 
contained in equipment or Fuel cell cartridges packed with equipment, 
containing corrosive substances,'' UN3477 is added.
    The proper shipping name for the entry ``Fuel cell cartridges, 
containing flammable liquids,'' UN3473 is revised in Column (2) to read 
``Fuel cell cartridges or Fuel cell cartridges contained in equipment 
or Fuel cell cartridges packed with equipment, containing flammable 
liquids.'' This revision appears as a ``Remove/Add'' in this 
rulemaking.

[[Page 2215]]

    A new entry ``Fuel cell cartridges or Fuel cell cartridges 
contained in equipment or Fuel cell cartridges packed with equipment, 
containing hydrogen in metal hydride,'' UN3479 is added.
    A new entry ``Fuel cell cartridges or Fuel cell cartridges 
contained in equipment or Fuel cell cartridges packed with equipment, 
containing liquefied flammable gas,'' UN3478 is added.
    A new entry ``Fuel cell cartridges or Fuel cell cartridges 
contained in equipment or Fuel cell cartridges packed with equipment, 
containing water-reactive substances,'' UN3476 is added.
    The entry ``Gasohol,'' NA1203 is revised in Column (7) by adding 
Special Provision 177 to indicate that mixtures of gasoline and ethanol 
with less than 10 percent ethanol for use in internal combustion 
engines (e.g., automobiles) must be assigned the PG II entry regardless 
of variations in volatility.
    The entry ``Gasoline,'' UN1203, is revised in Column (7) by adding 
Special Provision 177 and Special Provision IB2. Special Provision 177 
is added to indicate that gasoline for use in an internal combustion 
engine (e.g., automobiles) must be assigned the PG II entry regardless 
of variations in volatility. Special Provision IB2 was inadvertently 
removed under Docket No. HM-213 (68 FR 52363; September 3, 2003).
    The proper shipping name for the entry ``Hydrogen in a metal 
hydride storage system,'' UN3468 is revised in Column (2) to read 
``Hydrogen in a metal hydride storage system or Hydrogen in a metal 
hydride storage system contained in equipment or Hydrogen in a metal 
hydride storage system packed with equipment.'' This revision appears 
as a ``Remove/Add'' in this rulemaking.
    A new entry ``1-Hydroxybenzotriazole, anhydrous, dry or wetted with 
less than 20 percent water, by mass,'' UN0508 is added.
    A new entry ``1-Hydroxybenzotriazole, anhydrous, wetted with not 
less than 20 percent water, by mass,'' UN3474 is added. One commenter 
[AHS] requests that PHMSA revise this entry to reflect the modified 
entry agreed upon by a recent UN Sub-Committee meeting. The modified 
entry, ``1-Hydroxybenzotriazole, monohydrate,'' UN3474 would also have 
Special Provision 162 deleted from the entry. AHS notes that, ``* * * 
The U.S. supported this change and * * * was instrumental in getting 
the modification accepted'' by the UN Subcommittee. AHS also indicates 
the modified entry is, ``* * * a more accurate description of this 
material.'' Additionally, the commenter requests that PHMSA add the 
modified entry in the same manner as the addition of the new entry 
``Powder, smokeless,'' UN0509, where the entry has a ``D'' in Column 
(1) indicating it is appropriate for domestic transport but may not be 
appropriate for international commerce. [The rationale for including 
``D'' in Column (1) for the entry ``Powder, smokeless,'' UN0509 is 
explained in greater detail in the discussion of changes to Sec.  
173.62 in this section of the rulemaking.] Because the modified entry 
for UN3474 was not proposed in the NPRM, the request to include the 
modified version of the entry in the HMT (including the deletion of 
Special Provision 162 from the entry) is beyond the scope of this 
rulemaking. However, we will treat the commenter's remarks as a 
petition for rulemaking and consider the request for the modified 
hazardous materials description for inclusion in the HMT in a future 
rulemaking. No other comments opposing this proposal to add this entry 
were received; therefore, in this final rule, we are adopting the 
proposal without change. This appears as an ``Add'' in this rulemaking.
    The entry ``Hypochlorite solutions,'' UN1791 is revised by adding 
the PG III description and associated packaging provisions to Columns 
(5) and (8), respectively. The PG III information was inadvertently 
omitted in a final rule under Docket HM-215I (71 FR 78596; December 29, 
2006). This revision appears as a ``Remove/Add'' in this rulemaking.
    The entry ``Magnesium nitrate,'' UN1474 is revised in Column (7) by 
adding a new Special Provision 332. Special Provision 332 specifies 
that magnesium nitrate hexahydrate is not subject to the HMR. Testing 
conducted by independent laboratories on magnesium nitrate hexahydrate 
in accordance with Test O.1: Test for Oxidizing Solids of the UN Manual 
of Tests and Criteria indicated magnesium nitrate hexahydrate does not 
have a burning rate to meet the criteria as a Division 5.1 oxidizer.
    The hazardous materials description for the entry ``Nitric acid, 
other than red fuming, with not more than 70 percent nitric acid,'' 
UN2031, PG II is revised in Column (2) to read ``Nitric acid, other 
than red fuming, with at least 65 percent, but not more than 70 percent 
nitric acid'' to conform with proper shipping names that have similar 
descriptions (e.g., UN3366). This entry is also revised in Column (7) 
by adding Special Provision IP15, and in Column (10B) by removing 
vessel stowage codes ``44,'' ``110,'' and ``111,'' and adding ``74.'' 
Special Provision IP15 specifies that for UN2031 with more than 55% 
nitric acid, the use of rigid plastic IBCs and composite IBCs with a 
rigid plastic inner receptacle would be authorized for two years from 
the date of manufacture of the IBC. Finally, the entry is revised by 
adding a Division 5.1 subsidiary hazard label to column (6). This 
revision appears as a ``Remove/Add'' in this rulemaking.
    A new entry ``Nitric acid, other than red fuming, with less than 65 
percent nitric acid,'' UN2031, PG II is added.
    The entry ``Nitrocellulose, solution, flammable with not more than 
12.6 percent nitrogen, by mass, and not more than 55 percent 
nitrocellulose,'' UN 2059, PG I, PG II and PG III is revised in Column 
(7) by adding a new Special Provision 198. Special Provision 198 
authorizes nitrocellulose solutions containing less than 20% 
nitrocellulose to be transported as paint or printing ink.
    The instruction for the entry ``2,5-Norbornadiene, stabilized, see 
Bicyclo 2,2,1 hepta-2,5-diene, stabilized'' is revised in Column (2) by 
enclosing ``2,2,1'' in brackets to denote the correct spelling and to 
be consistent with the proper shipping name entry ``Bicyclo [2,2,1] 
hepta-2,5-diene, stabilized or 2,5-Norbornadiene, stabilized,'' UN2251. 
This revision appears as a ``Remove/Add'' in this rulemaking.
    The entry ``Organometallic substance, liquid, water-reactive, 
flammable,'' UN3399, PG I and PG II, is revised in Column (10A) by 
removing vessel stowage location code ``E'' and adding ``D'' to 
harmonize with the IMDG Code and SOLAS. Amendments were also made to 
SOLAS Chapter II-2/Regulation 19 strictly prohibiting the stowage of 
4.3 liquids having a flashpoint less than 23 [deg]C under deck or in 
enclosed roll-on/roll-off (ro-ro) vessel spaces. SOLAS Chapter II-2/
Regulation 19 sets out fire-fighting construction and equipment 
requirements for vessels carrying dangerous goods. We believe this 
amendment is necessary to avoid the risk of a carrier stowing a package 
in an enclosed space that is not properly equipped for a Class 4.3 
material with a subsidiary Class 3 and a flashpoint less than 23 
[deg]C. When a flammable liquid with a flashpoint less than 23 [deg]C 
is stowed under deck, the space must be ventilated but cannot have 
electrical equipment in the space. In most cases, natural or mechanical 
ventilation is used. However, powered ventilation is required for Class 
4.3 under deck due to the risk of moisture in the air and the entry of 
sea water into the hold through

[[Page 2216]]

the ventilation openings. This change would prohibit only UN3399 from 
under deck stowage. All other Class 4.3 liquids, with a subsidiary 
Class 3 and flashpoint less than 23 [deg]C, are not permitted under 
deck or in enclosed ro-ro spaces under the IMDG Code.
    The entry ``Organometallic substance, solid, water-reactive,'' 
UN3395 is revised to include the letter ``G'' in Column (1) to correct 
an inadvertent omission.
    The entry ``Organometallic substance, solid, water-reactive,'' 
UN3395 is revised by adding the letter ``G'' in Column (1) to correct 
an inadvertent omission.
    The entry ``Organophosphorus compound, toxic, flammable, n.o.s,'' 
UN3279 is revised by adding the letter ``G'' in Column (1) to correct 
an inadvertent omission.
    The proper shipping name for the entry ``Pentaerythrite 
tetranitrate mixture, desensitized, solid, n.o.s.,'' UN3344 is revised 
in Column (2) to read ``Pentaerythrite tetranitrate mixture, 
desensitized, solid, n.o.s. or Pentaerythritol tetranitrate mixture, 
desensitized, solid, n.o.s. or PETN mixture, desensitized, solid, 
n.o.s.,'' to conform to proper shipping names that have similar 
descriptions (e.g., UN0411). This revision appears as a ``Remove/Add'' 
in this rulemaking.
    The entry ``Polychlorinated biphenyls, solid,'' UN3432 is revised 
in Column (7) by adding Special Provisions IP2 and IP4 for consistency 
with similar requirements for ``Polyhalogenated biphenyls, solid or 
Polyhalogenated terphenyls, solid,'' UN3152. Special Provisions IP2 and 
IP4 require IBCs other than metal or rigid plastic to be offered for 
transportation in a closed freight container or closed transport 
vehicle and require flexible, fiberboard, or wooden IBCs to be sift-
proof and water-resistant or be fitted with a sift-proof or water-
resistant liner, respectively.
    The entries ``Potassium persulfate,'' UN1492 and ``Sodium 
persulfate,'' UN1505, are revised in Column (10B) by removing vessel 
stowage code ``56'' and adding ``145.''
    A new entry ``Powder, smokeless,'' UN0509, is added. A discussion 
of changes to Sec.  173.62 in this section of the rulemaking provides 
an explanation of the addition of this entry.
    The proper shipping name for the entry ``Receptacles, small, 
containing a gas (gas cartridges) non-flammable without release device, 
not refillable and not exceeding 1 L capacity,'' UN2037, 2.2 (5.1) is 
revised in Column (2) by correcting the word ``agas'' to read ``gas.'' 
Additionally, to harmonize this proper shipping name and punctuation 
with international regulations and standards, the word ``non-
flammable'' is revised to read ``oxidizing'' and enclosed in 
parentheses, the word ``or'' is added and italicized before the words 
``gas cartridges,'' and the parentheses enclosing the words ``gas 
cartridges'' are removed. The proper shipping name is corrected to read 
``Receptacles, small, containing gas or gas cartridges (oxidizing) 
without release device, not refillable and not exceeding 1 L 
capacity.'' This revision appears as a ``Remove/Add'' in this 
rulemaking.
    The proper shipping name for the entry ``Receptacles, small, 
containing gas (gas cartridges) flammable without release device, not 
refillable and not exceeding 1 L capacity,'' UN2037, 2.1 is revised in 
Column (2) to harmonize proper shipping name with international 
regulations and standards. The parentheses enclosing ``gas cartridges'' 
are removed and the word ``flammable'' is enclosed in parentheses. 
Additionally, the word ``or'' is added and italicized before the words 
``gas cartridges.'' The proper shipping name is corrected to read 
``Receptacles, small, containing gas or gas cartridges (flammable) 
without release device, not refillable and not exceeding 1 L 
capacity.'' This revision appears as a ``Remove/Add'' in this 
rulemaking.
    The proper shipping name for the entry ``Receptacles, small, 
containing gas (gas cartridges) non-flammable without release device, 
not refillable and not exceeding 1 L capacity,'' UN2037, 2.2 is revised 
in Column (2) to harmonize proper shipping name with international 
regulations and standards. The parentheses enclosing ``gas cartridges'' 
are removed and the word ``non-flammable'' is enclosed in parentheses. 
Additionally, the word ``or'' is added and italicized before the words 
``gas cartridges.'' The proper shipping name is corrected to read 
``Receptacles, small, containing gas or gas cartridges (non-flammable) 
without release device, not refillable and not exceeding 1 L 
capacity.'' This revision appears as a ``Remove/Add'' in this 
rulemaking.
    The proper shipping name for the entry ``Regulated medical waste, 
n.o.s. or Clinical waste, unspecified, n.o.s. or (BIO) Medical waste, 
n.o.s.,'' UN3291 is revised in Column (2) to include ``Biomedical 
waste, n.o.s.'' and ``Medical waste, n.o.s.'' to clarify that these 
names may also be used under the HMR and to harmonize the proper 
shipping names for regulated medical waste with those prescribed in 
international regulations. This revision appears as a ``Remove/Add'' in 
this rulemaking.
    The proper shipping names for several ``Self-heating solid'' 
materials, specifically UN3088, UN3126, UN3127, UN3128, are revised in 
Column (2) to remove a comma following the word ``Self-heating.'' These 
revisions appear as ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``Trinitrophenol, wetted,'' 
UN1344 is revised in Column (2) to read ``Trinitrophenol, or Picric 
acid, wetted,'' to conform to proper shipping names that have similar 
descriptions (e.g., UN3364). This revision appears as a ``Remove/Add'' 
in this rulemaking.
    The proper shipping name for the entry ``Trinitrotoluene, wetted,'' 
UN1356 is revised to read ``Trinitrotoluene, wetted or TNT, wetted,'' 
to conform to proper shipping names that have similar descriptions 
(e.g., UN3366). This revision appears as a ``Remove/Add'' in this 
rulemaking.
    A new entry ``Signals, distress, ship,'' UN0505 is added.
    A new entry ``Signals, distress, ship,'' UN0506 is added.
    A new entry ``Signals, smoke,'' UN0507 is added.
    Currently, no portable tank instructions are assigned to ``Water-
reactive liquid, corrosive, n.o.s.,'' UN3129; ``Water-reactive liquid, 
n.o.s.,'' UN3148; or to the PG I entries for ``Water reactive solid, 
corrosive, n.o.s.,'' UN3131; and ``Water-reactive solid, n.o.s.,'' 
UN2813. We are adding portable tank assignments (portable tank special 
provisions) consistent with the ``Guidelines for Assigning Portable 
Tank Requirements to Substances in Classes 3 to 9.'' These assignments 
are consistent with similarly classed entries in the HMT. The entries 
are revised in Column (7) as follows:
    The entry ``Water-reactive liquid, corrosive, n.o.s.,'' UN3129, PG 
I, is revised by adding Special Provisions T14, TP2, and TP7.
    The entry ``Water-reactive liquid, corrosive, n.o.s.,'' UN3129, PG 
II, is revised by adding Special Provisions T11 and TP2.
    The entry ``Water-reactive liquid, corrosive, n.o.s.,'' UN3129, PG 
III, is revised by adding Special Provisions T7 and TP1.
    The entry ``Water-reactive liquid, n.o.s.,'' UN3148, PG I, is 
revised by adding Special Provisions T9, TP2, and TP7.
    The entry ``Water-reactive liquid, n.o.s.,'' UN3148, PG II, is 
revised by adding Special Provisions T7 and TP2.
    The entry ``Water-reactive liquid, n.o.s.,'' UN3148, PG III, is 
revised by adding Special Provisions T7 and TP1.

[[Page 2217]]

    The entry ``Water-reactive solid, corrosive, n.o.s,'' UN3131, PG I, 
is revised by adding Special Provisions T9, TP7, and TP33.
    The entry ``Water-reactive solid, n.o.s.,'' UN2813, PG I, is 
revised by adding Special Provisions T9, TP7, and TP33.
    The proper shipping name for the entry ``Xenon,'' UN2036, is 
revised to read ``Xenon, compressed,'' UN2036, for consistency with 
proper shipping names for other compressed gases (i.e., inert gases). 
This revision appears as a ``Remove/Add'' in this rulemaking.

Appendix B to Sec.  172.101

    Appendix B to Sec.  172.101 lists Marine Pollutants regulated under 
the HMR and prescribes requirements for classifying and describing a 
marine pollutant. In the NPRM, we proposed to amend the introductory 
text and the List of Marine Pollutants to add an allowance for the use 
of the GHS-based classification criteria for materials toxic to the 
aquatic environment (marine pollutants) contained in the IMDG Code.
    We received several comments [CPTD, COSTHA, DGAC, Deeds, VOHMA] 
supporting our proposal to maintain the current regulatory approach to 
facilitate transportation without mandating use of the new GHS-based 
criteria for determination of a marine pollutant. COSTHA ``* * * 
supports PHMSA's decision not to adopt the new IMDG classification 
criteria for Marine Pollutants and not to remove Appendix B from the 
172.101.'' CPTD indicates, ``* * * this new classification system is 
unnecessarily complicated, and * * * would involve an additional layer 
of complexity without a corresponding public benefit.'' Deeds 
recommends that if we maintain the differentiation between marine 
pollutants and severe marine pollutants in the List of Marine 
Pollutants, then PHMSA should adopt the GHS-based criteria in the IMDG 
Code as the basis for determining whether a marine pollutant is a 
severe marine pollutant. We disagree. Using the GHS-based criteria to 
determine a severe marine pollutant runs counter to our proposal not to 
mandate the use of such criteria. Therefore, for these reasons, in this 
final rule, we are adopting the amendment as proposed.
    We also proposed to remove a number of entries that no longer meet 
the criteria for a marine pollutant. These entries were inadvertently 
retained in a rulemaking under Docket HM-215D (66 FR 33316; June 21, 
2001 and 67 FR 15743; April 3, 2002). We did not receive any comments 
opposing the removal of these entries and, therefore, are removing the 
following entries from the List of Marine Pollutants: ``5-Ethyl-2-
picoline,'' ``Ethyl propenoate, inhibited,'' ``Isopropenylbenzene,'' 
and ``2-Phenylpropene.''
    One commenter [CPTD] requests that we remove an additional entry 
(low aromatic mineral spirit (white spirit, low 15-20%)) from the List 
of Marine Pollutants in Appendix B to Sec.  172.101 because it would 
not meet the criteria for a marine pollutant using the IMDG Code. The 
removal of additional entries from the List of Marine Pollutants in 
Appendix B to Sec.  172.101 is beyond the scope of this rulemaking. We 
did not propose to remove entries other than those being removed as a 
correction to an oversight from the HM-215D rulemaking, nor did we 
request comments on entries based on use of the GHS-based 
classification criteria in the IMDG Code that should be removed. 
However, we encourage the commenter to petition PHMSA to remove the 
entry with data demonstrating that the material would not meet the 
criteria under the IMDG Code or to apply for approval to have the 
material excepted as a marine pollutant in accordance with paragraph 5 
of the introduction to Appendix B of Sec.  172.101.
Section 172.102
    Section 172.102 lists a number of special provisions applicable to 
the transportation of specific hazardous materials. Special provisions 
contain packaging requirements, prohibitions, and exceptions applicable 
to particular quantities or forms of hazardous materials. Unless 
otherwise noted, we received no comments opposing these proposals; 
therefore, in this final rule, we are adopting these proposals without 
change.
    For consistency with international regulations, we are amending 
Sec.  172.102 Special provisions, as follows:
    Special Provision 36 specifies maximum net quantity limits per 
package for the transport of medicines classified as flammable or toxic 
(i.e., UN1851, UN3248, and UN3249). These limits are inconsistent with 
the packaging limits authorized in limited quantity exceptions for 
these materials in Sec. Sec.  173.150 and 173.153 of the HMR. The 
entries were initially introduced to the UN Recommendations with a 
special provision limiting the materials to PG II and III and requiring 
the materials to have a maximum net quantity per package of 5 L or 5 
kg. However, since then, these materials have been authorized in the 
HMR as limited quantities and consumer commodities. This has created an 
inconsistency between the quantity limits per package in Special 
Provision 36 and the limits outlined in the limited quantity 
exceptions. Therefore, to resolve this inconsistency, we are removing 
Special Provision 36.
    Special Provision 137 specifies conditions for exception from the 
HMR for certain types of vegetable fibers. We are revising this special 
provision to include ``tampico fiber, dry'' having a minimum baling 
density of 360 kg/m3 as being eligible for this exception.
    Special Provision 138 specifies insolubility criteria for lead 
compounds. We are revising the special provision by adding clarifying 
language that specifies lead compounds meeting the insolubility 
criteria outlined in the special provision are not subject to the HMR 
unless they meet the criteria for one of the other hazard classes.
    Special Provision 150 specifies composition limits for uniform 
mixtures of fertilizers containing ammonium nitrate as the main 
ingredient. We are revising the composition limits outlined in 
paragraph (b) of the provision by adding the words ``and/or mineral 
calcium sulphate'' after ``dolomite.''
    In the final rule under Docket HM-215G (69 FR 76044; December 20, 
2004), we added new generic entries to describe Organometallic 
materials consistent with descriptions added to the UN Recommendations 
but allowed the continued use of several specific Organometallic 
entries (e.g., Dimethylzinc, UN1370) that were currently in the HMT. We 
anticipated removing these remaining entries from the HMT by January 1, 
2007. The entries were to be removed because they were superseded by 
the addition of the more appropriate generic entries. However, they 
currently remain in the HMT. Therefore, we are removing the remaining 
specific Organometallic entries for consistency with the original 
intent of HM-215G to remove the entries by January 1, 2007. In 
addition, we are removing Special Provision 173. Special Provision 173 
provides the option to use an appropriate generic entry listed in the 
HMT to describe a specific Organometallic material and was only 
assigned to those Organometallic materials. Because new generic entries 
have been added to the HMT this special provision only applies to the 
rulemaking entries that are to be removed, this special provision has 
become obsolete.
    Special Provision 177 requires materials for use in internal 
combustion engines (e.g., in automobiles) to be assigned the PG II 
entry regardless of variations in volatility of the material. 
Currently, we assign Special Provision 177 to the entry ``Ethanol and 
gasoline

[[Page 2218]]

mixture or ethanol and motor spirit mixture or ethanol and petrol 
mixture,'' UN3475. In the NPRM, we proposed to revise Special Provision 
177 to specify its application to both gasoline and ethanol/gas 
mixtures for consistency with UN Recommendations that assign similar 
provisions to gasoline and mixtures of ethanol and gasoline. One 
commenter [American Trucking Associations] suggests that the language 
in Special Provision 177 is confusing in that, as written, Special 
Provision 177 requires that ``gasoline or ethanol and gasoline mixtures 
must be assigned to this entry regardless of variations in 
volatility,'' indicating assignment to a single entry when the special 
provision is actually assigned to multiple entries. We agree. 
Therefore, in this final rule, we are revising Special Provision 177 to 
read ``gasoline or ethanol and gasoline mixtures must be assigned to 
Packing Group II regardless of variations in volatility.''
    Special Provision 188 specifies conditions for exception from the 
HMR for small lithium cells and batteries. We are revising the special 
provision to require the reporting of incidents that occur as a direct 
result of a fire, violent rupture, explosion, or a dangerous evolution 
of heat.
    Special Provision 189 specifies conditions for exception from the 
HMR for medium lithium cells and batteries. We are revising the special 
provision to require the reporting of incidents that occur as a direct 
result of a fire, violent rupture, explosion, or a dangerous evolution 
of heat.
    A new Special Provision 198 is being added to permit nitrocellulose 
solutions containing less than 20% nitrocellulose to be transported as 
paint or printing ink, as applicable.
    A new Special Provision 237 is being added to specify that 
``Batteries, dry, containing potassium hydroxide solid, electric 
storage'' must be prepared and packaged in accordance with the 
requirements of Sec.  173.159(a) and for transportation by aircraft, 
Sec.  173.159(b)(2).
    A new Special Provision 332 is added to specify magnesium nitrate 
hexahydrate is not subject to the HMR.
    A new Special Provision 335 is added to clarify proper 
classification of mixtures of solids which are not subject to the HMR 
and environmentally hazardous liquids or solids. Special Provision 335 
specifies these mixtures would be classified as UN3077 and may be 
transported under that entry provided there is no free liquid visible 
at the time the material is loaded or the packaging or transport unit 
is closed.
    A new Special Provision IP15 is added to indicate that for ``Nitric 
acid,'' UN2031, with more than 55% nitric acid, the use of rigid 
plastic IBCs and composite IBCs with a rigid plastic inner receptacle 
is permitted for two years from the date of manufacture of the IBC.
    Special Provision N82 references Sec.  173.306 for classification 
criteria for flammable aerosols. However, classification criteria for 
flammable aerosols are found in Sec.  173.115, specifically, in 
paragraph (k). Special Provision N82 is revised to reference Sec.  
173.115.
    A new Special Provision N90 is added to prohibit the use of metal 
packagings for transport of ``1-Hydroxybenzotriazole, anhydrous, wetted 
not less than 20 percent water, by mass,'' UN3474.
    Special Provision TP12 is removed. This provision states, ``this 
material is considered highly corrosive to steel.'' The phrase ``highly 
corrosive to steel'' is not defined by any specific criteria. Further, 
TP12, unlike other TP codes, is simply a statement and does not apply 
any regulatory requirement. It is unclear if all highly corrosive 
materials are assigned Special Provision TP12 or if this statement 
provides any useful guidance for selecting an appropriate portable 
tank. Therefore, we are deleting Special Provision TP12 from Sec.  
172.102(c)(8) ``TP'' Codes.
Section 172.202
    Section 172.202 establishes the requirements for the description of 
hazardous materials on shipping papers. The UN Recommendations do not 
require the subsidiary hazard to be indicated on the shipping paper 
when a subsidiary hazard label is not required. We agree that the 
requirement to indicate the subsidiary hazard on the shipping paper 
should be consistent with the requirement to apply a subsidiary risk 
label. Therefore, in the NPRM, we proposed to harmonize with the UN 
Recommendations by making an appropriate revision to Sec.  
172.202(a)(3) to specify that the subsidiary hazard class or division 
number is not required to be entered when a corresponding subsidiary 
hazard label is not required.
    One commenter [Omni] supports the proposal to amend Sec.  
172.202(a)(3) to specify that the subsidiary hazard class or division 
number is not required to be entered when the corresponding subsidiary 
hazard label is not required. Another commenter [Arkema] requests that 
we revise Sec.  172.202(a)(3) to clarify that the subsidiary hazard 
must be entered on shipping papers corresponding to the additional 
subsidiary labeling required by Sec.  172.402(a)(2), even though the 
subsidiary hazard is not indicated in Column (6) of the HMT in 
association with a hazardous material description. The commenter notes 
that ``* * * enforcement personnel take exception to the fact that we 
identify subsidiary hazards on the shipping papers for some of our 
materials when a named material does not list a subsidiary in the 
172.101 table.''
    We do not believe that a revision to Sec.  172.202(a)(3) is 
necessary for clarification of the requirements as requested by Arkema. 
Paragraph (a)(3) of this section clearly states that the subsidiary 
hazard class(es) and division number(s) must be entered in parentheses 
immediately following the primary hazard class or division number 
regardless of whether the subsidiary hazard(s) is listed in Column (6) 
of the HMT. Therefore, in this final rule, we are adopting the 
revisions to Sec.  172.202(a)(3) as proposed.
    We are also revising paragraph (a)(4) to clarify that the packing 
group is not required to be indicated on a shipping paper for 
explosives, self-reactive substances, batteries other than those 
containing sodium, and organic peroxides in addition to entries that 
are not assigned a packing group. In addition, we also are revising 
paragraph (a)(6) to clarify that for all articles where ``No Limit'' is 
shown in Column (9A) or (9B) of the HMT, the quantity must be the gross 
mass, followed by the letter ``G.'' We received no comments opposing 
these proposals; therefore, in this final rule, we are revising 
paragraph (c) to include a similar exception.
Section 172.322
    Section 172.322 specifies marking requirements for vessel 
transportation of each non-bulk packaging and bulk packaging that 
contains a marine pollutant. In this final rule, we are adopting the 
new marking for marine pollutants that has been incorporated into the 
IMDG Code.
    We received one comment [DGAC] indicating a difference between our 
proposal and the UN Recommendations regarding types of packaging for 
which the marine pollutant marking is not required. DGAC notes, ``* * * 
[t]he proposal is to except combination packagings whereas the [UN 
Recommendations] excepts all packagings with a capacity of 5 L or 5 
kg.''
    We agree with DGAC that the exception applies to both single and 
combination packagings containing marine pollutants. Therefore, in this 
final rule, we are revising the

[[Page 2219]]

amendment to state that for packages containing marine pollutants, the 
marine pollutant mark is not required on single packagings or 
combinations packagings with a net capacity of 5 L or less for liquids 
or 5 kg or less for solids. We are requiring use of this new marking 
one year after publication of the final rule.
Section 172.400a
    Section 172.400a establishes exceptions for labeling requirements. 
Currently, the UN Recommendations do not require a package labeled with 
a Division 4.2 label to bear a Division 4.1 subsidiary hazard label. 
This is primarily because the Division 4.2 label communicates a more 
severe spontaneously combustible flammability hazard and as such the 
Division 4.1 label is not considered to provide additional hazard 
communication value.
Section 172.401
    Section 172.401 establishes specific requirements for prohibited 
labeling. We received a petition (P-1494) from DGAC requesting that 
PHMSA specify that pictograms described in the United Nations Globally 
Harmonized System of Classification and Labelling are not prohibited 
under the HMR. In its petition, DGAC states that the UN Economic and 
Social Council's Committee of Experts on the Transport of Dangerous 
Goods and on the GHS established the goal of implementing the GHS in 
2008. DGAC contends that to facilitate international trade, it is 
important that packages bearing GHS pictograms are acceptable for 
transportation in the U.S. DGAC also states that GHS pictograms may 
already appear on packages used in transportation and cites Annex 7 of 
the GHS showing examples of GHS pictograms appearing on drums. 
Pictograms prescribed by GHS are not identical to labels required under 
the UN Recommendations or the HMR; such pictograms typically consist of 
a red bordered diamond with a hazard symbol such as a ``flame'' or a 
``skull and cross bones.'' DGAC expects these GHS pictograms to be 
smaller in size than the transport labels required under the HMR and 
international regulations.
    We received no comments on our proposal to permit use of the GHS 
pictograms. Therefore, in this final rule, we are amending Sec.  
172.401 which prohibits the transportation of packages bearing any mark 
or label that could be confused or conflict with a label required under 
the HMR, to specify that restrictions under this section do not apply 
to packages labeled in conformance with the GHS.
Section 172.446
    Section 172.446 specifies the requirements for Class 9 labels. 
Unlike the HMR, the international regulations do not have a solid 
horizontal line dividing the lower and upper half of the Class 9 label. 
The Class 9 label in Sec.  172.446 depicts a solid horizontal line. For 
consistency with international regulations and to provide relief to the 
regulated community, in this final rule, we are revising paragraph (b) 
to allow a solid horizontal line as an option.
Section 172.448
    Section 172.448 establishes the specifications for the ``CARGO 
AIRCRAFT ONLY'' label. For consistency with international regulations, 
we are replacing the current label. The symbol of this label is not 
altered; however the text is revised to read, ``Forbidden in Passenger 
Aircraft.'' In addition, we are authorizing continued use of the 
current label until January 1, 2013.

Part 173

Section 173.4, 173.4a, 173.4b
    Section 173.4 establishes the requirements for exceptions to the 
HMR for small quantities of Class 3, Division 4.1, Division 4.2 (PG II 
and III), Division 4.3 (PG II and III), Division 5.1, Division 5.2, 
Division 6.1, Class 7, Class 8, and Class 9 materials. Recently, 
provisions for the transport of hazardous materials in excepted 
quantities were incorporated into the UN Regulations and the IMDG Code. 
These provisions are based largely on existing excepted quantity 
provisions provided by the ICAO TI. The provisions permit certain small 
quantities of hazardous materials to be transported with minimal 
regulation, but ensure a high level of safety through stringent 
packaging and testing requirements.
    The excepted quantity provisions in the UN Regulations and the 
small quantity provisions of the HMR are similar, but not identical. 
For example, differences include variations in the authorized hazard 
classes and packing groups; differences in the quantities authorized 
per package; and differences in marking, documentation and incident 
reporting requirements. We believe that aligning the existing small 
quantity provisions in the HMR with the excepted quantity provisions 
for air and vessel transportation will enhance harmonization and 
increase safety. Therefore, for consistency with the UN Recommendations 
and to increase safety and facilitate international transportation, we 
are adopting a new excepted quantity provision for transportation by 
aircraft and vessel into a new Sec.  173.4a. We stress that we are not 
removing the existing small quantity provisions in 173.4, but rather 
limiting the use of these provisions to domestic highway and rail 
transportation. We also are moving the exception for small quantities--
less than 1 gram for solids and less than 1 milliliter for liquids per 
inner packaging currently found in Sec.  173.4(e)--to a new Sec.  
173.4b. This will align the requirements of the HMR with those of the 
ICAO TI and the IMDG Code for transport by air and vessel, while 
maintaining the existing small quantity exceptions for domestic highway 
and rail transport. However in this final rule we are not applying the 
full training requirements of Part 172 Subpart H to excepted 
quantities. Instead we are requiring that persons who offer or 
transport excepted quantities be familiar with the requirements of 
173.4a. Small quantity exceptions are separated into the following 
three sections:
    (1) Section 173.4 for small quantities transported by domestic 
highway and rail only;
    (2) Section 173.4a for excepted quantities transported by aircraft 
and vessel; and
    (3) Section 173.4b for de minimis quantities of material (less than 
1 gram for solids and less than 1 milliliter for liquids per inner 
packaging) transported by all modes.
    In the NPRM, we solicited comments regarding the potential for 
confusion and any cost impacts resulting from this change. One 
commenter [DGAC] indicates the proposed method is complex and unduly 
restrictive. DGAC notes, ``* * * that for the most part the excepted 
quantity requirements mirror the existing requirements in Sec.  
173.4(a)'' and ``* * * [f]urther, the proposal is disruptive to 
multimodal consistency with one set of requirements * * * applicable to 
land transport and the other applicable to air and sea transport.'' 
Additionally, DGAC indicates that the new Sec.  173.4a is more 
restrictive that current Sec.  173.4 and sees no safety basis for 
imposing these additional restrictions. DGAC recommends against 
incorporating the excepted quantities directly into the HMR but rather 
to allow domestic transport of excepted quantities under the ICAO TI or 
IMDG Code in accordance with authorizations provided in Subchapter C of 
Part 171 and recommends revising Sec.  173.4(a)(10) by adding an 
alternative to allow transport of small quantities of

[[Page 2220]]

hazardous materials in accordance with excepted quantities provisions 
in the ICAO TI.
    Another commenter [API] notes that Special Provision A59 continues 
to reference Sec.  173.4 even though the section is no longer 
applicable to transport by aircraft. Special Provision A59 allows 
devices containing ethylene oxide to be transported by aircraft in 
accordance with packaging provisions in Sec.  173.4. API recommends 
PHMSA revise the language in Special Provision A59 to reference new 
Sec.  173.4a for excepted quantities which is applicable to air 
transport. API notes this would be consistent with ICAO TI Special 
Provision 131 which allows devices containing ethylene oxide to be 
transported in accordance with ``excepted quantities'' provisions. We 
agree. In this final rule, we are revising Special Provision A59 to 
reference the excepted quantities packaging requirements in Sec.  
173.4a. We are also making several additional conforming amendments to 
other provisions in the HMR to reflect the new Sec.  173.4a. The 
sections we are revising are as follows:

--Sec.  172.102, Special Provisions 136, A59, A60;
--Sec.  172.402(d)(1);
--Sec.  172.500(b)(5);
--Sec.  173.24(c)(2); and
--Sec.  175.700(a).

    Finally, UPS is concerned that the one-year transition period prior 
to prohibiting the air transport of packages of small quantities in 
conformance with Sec.  173.4 is insufficient. UPS indicates, ``* * * 
This will be a very hard transition for air carriers to enforce, as the 
current package marking for a Small Quantity shipment * * * does not 
stand out, and therefore cannot easily be identified and rejected by 
package handlers.'' UPS adds that it anticipates shippers will continue 
to transport small quantities domestically by air according to current 
Sec.  173.4 beyond the transition date after which shippers would be 
required to conform with Sec.  173.4a. UPS recommends that PHMSA allow 
the air transport of small quantities in conformance with Sec.  173.4 
for a period of several years to allow for transport of packages filled 
prior to the January 1, 2009 effective date until they are used up. We 
disagree. The current provisions of Sec.  173.4 require a marking 
certifying conformance with the section. This certification requirement 
signifies knowledge of the requirements of the section even though 
training is not prescribed. We expect shippers benefiting from the 
exceptions provided in Sec.  173.4 to take steps to ensure awareness of 
any changes that may be made to the requirements of the section and to 
respond accordingly, just as we would expect air carriers to be 
diligent in their acceptance practices with regard to small quantities 
prepared under Sec.  173.4 even though training is not required. We 
believe a one-year transition period is sufficient for air shippers and 
air carriers to make necessary changes and conform to the revised 
requirements of Sec.  173.4. Therefore, in this final rule, we are not 
revising the transition date for small quantities transported in 
accordance Sec.  173.4. However, we are revising the certification 
marking in Sec.  173.4(a)(10) to communicate that the packages prepared 
in conformance with the section may only be transported domestically by 
highway or rail. Also, to further clarify, where domestic transport by 
highway or rail is impractical, materials must be transported in 
conformance with the requirements for excepted quantities in Sec.  
173.4a.
    Two commenters [DGAC, FCC] express disappointment that we did not 
include fuel cell cartridges as part of the small quantity exceptions 
in Sec.  173.4. FCC notes, ``* * * We see no safety basis for 
precluding use of the small quantity exception provision for fuel cells 
* * *'' Both DGAC and FCC recommend not adopting this amendment. While 
we considered extending the allowance for fuel cell cartridges to the 
excepted quantity provisions this would create a confusing 
inconsistency with the ICAO TI. Fuel cell cartridges by design offer a 
high degree of integrity and may contain a relatively small amount of 
hazardous material. Therefore, we believe the relative hazard 
associated with surface transportation of these materials is minimal. 
In this final rule we will permit fuel cell cartridges to be 
transported by highway or rail in accordance with the small quantity 
exceptions in Sec.  173.4.
    One commenter [UPS] notes a concern that packages of materials 
shipped as de minimus quantities could be misunderstood as undeclared 
shipments by carriers processing damaged or stray packages. UPS 
recommends that PHMSA require a marking on the package to certify 
conformance with the de minimus exceptions section. We disagree. Based 
on our determination that de minimus materials do not pose an 
unreasonable risk to health and safety or property, we do not believe a 
hazard communication marking is necessary. Therefore, in this final 
rule, we are adopting the new Sec.  173.4b as proposed.
Sections 173.12 and 173.134
    Section 173.12 establishes exceptions for shipments of waste 
materials. Section 173.134 establishes definitions, classification 
criteria, and exceptions for Division 6.2 materials (infectious 
substances). Under the Docket HM-218D final rule, we added a new 
paragraph (f) in Sec.  173.12 to specify that household waste, as 
defined in Sec.  171.8, is not subject to the HMR. In addition, we 
revised a household waste exception in Sec.  173.134(b)(13)(i) to 
reference the household waste definition in Sec.  171.8. Upon 
publication of the final rule, we received a comment expressing concern 
with the implementation of these amendments. One commenter [Regulatory 
Resources Inc.] expresses concern that this amendment was too broad and 
would allow entities such as large hotels undergoing renovation to 
offer their waste, including hazardous materials, for transportation as 
non-regulated materials. This was not our intention. In an effort to 
reduce confusion, we are revising these two sections to specify that 
household waste is not subject to the HMR when transported in 
accordance with applicable state, local, or tribal requirements.
Section 173.24b
    Section 173.24b establishes additional general requirements for 
bulk packagings. In this final rule, we are adding a new paragraph to 
clarify that IBCs and Large Packagings that are not designed and tested 
for stacking may not be stacked during transportation. In addition, we 
are clarifying that IBCs and Large Packagings that are intended for 
stacking may not have more weight superimposed upon them than is marked 
on the packaging.
Section 173.62
    Section 173.62 establishes specific packaging requirements for 
explosives. We received a petition (P-1505) from the Sporting Arms & 
Ammunition Manufacturers' Institute (SAAMI) requesting that PHMSA 
include a new proper shipping name ``Powder, smokeless,'' UN0509, in 
the Sec.  172.101 HMT and add the new entry to the explosives assigned 
Packaging Instruction 114(b) in Sec.  173.62. In its petition, SAAMI 
states that the UN Sub-Committee of Experts (UNSCOE) on the Transport 
of Dangerous Goods adopted a proposal by SAAMI to add the new entry to 
its Dangerous Goods List and a related change to the packing provisions 
in the UN Recommendations.
    Typically, we harmonize with the UN following the formal adoption 
of a

[[Page 2221]]

proposal into the published version of the UN Recommendations. However, 
because of the limited scope of this amendment and because the new 
entry allows for a more accurate classification of smokeless powder, we 
are amending Sec.  173.62 to include a new entry UN0509 to the 
Explosives Table, which specifies the Packing Instruction assigned to 
each explosive, and adding a reference to the new entry in Packing 
Instruction 114(b). We also are including a ``D'' in column 1 of the 
table entry to designate that the entry is appropriate for domestic use 
but may not be appropriate for international transportation. Following 
the adoption of the entry within the IMDG Code and the ICAO TI, this 
indication would no longer be necessary. It is our intention to remove 
the ``D'' in a future rulemaking consistent with the adoption of the 
entry within the aforementioned international regulations.
    Additionally, consistent with our addition to add new entry 1-
Hydroxybenzotriazole, anhydrous, dry or wetted with less than 20% 
water, by mass,'' Division 1.3C, UN0508, to the HMT, we are adding this 
material under Packing instruction ``114(b).'' We are revising this 
instruction to specify that, for UN0508, inner packagings are not 
required if drums are used as the outer packaging. We also are adding a 
new sentence under Packing instruction 114(b) to prohibit metal 
packagings for UN0508. In addition, we are clarifying that inner 
packagings are not necessary if drums are used as the outer packaging 
for UN0160 and UN0161.
Section 173.115
    The HMR define a Division 2.2 material (non-flammable, nonpoisonous 
compressed gas--including compressed gas, liquefied gas, pressurized 
cryogenic gas, compressed gas in solution, asphyxiant gas and oxidizing 
gas) as any material or mixture that ``exerts in the packaging an 
absolute pressure of 280 kPa (40.6 psia) or greater at 20[deg] (68 
[deg]F), or is a cryogenic liquid, and does not meet the definition of 
Division 2.1 or 2.3.'' Recently, the definition of Division 2.2 gases 
in the UN Recommendations was amended to include all liquefied gases, 
irrespective of their pressure. This amendment was made on the basis 
that certain liquefied gases that pose no pressure hazard at ambient 
pressures and temperatures may exhibit a pressure hazard under 
conditions normally encountered in transport, such as increased 
temperature. In addition, the pressure of a Division 2.2 gas was 
amended to be 200 kPa gauge (29 psig). In order to enhance safety and 
to maintain global uniformity with respect to the classification of 
Division 2.2 gases, we are adopting these amendments. With respect to 
the revised pressure limit, for the convenience of the reader the 
pressure is now expressed as both gauge pressure and absolute pressure. 
In order to enhance safety and to maintain global uniformity with 
respect to the classification of Division 2.2 gases, we are adopting 
these amendments. Additionally, we are re-designating current paragraph 
(k) as a new paragraph (l). The new paragraph (k) would read ``For 
Division 2.2 gases, the oxidizing ability shall be determined by tests 
or by calculation in accordance with ISO 10156:1996 and ISO 10156-
2:2005 (IBR, see Sec.  171.7 of this subchapter.)'' This revision 
requires the use of specific test and calculation methods for a more 
accurate determination of the oxidizing ability of Division 2.2 gases. 
Additionally, we are revising Sec.  171.7 to incorporate these ISO 
standards.
Section 173.137
    Section 173.137 establishes packing group criteria for corrosive 
(Class 8) materials. In this final rule, we are adding a note to 
clarify that an additional test on the second material is not required 
when the initial test on either steel or aluminum indicates the 
material is corrosive.
Sections 173.162, 173.164, 173.166, 173.186, 173.306, and 173.307
    The ICAO TI recently adopted new amendments to require additional 
information to be included on the air waybill for certain hazardous 
materials. Currently, a number of hazardous materials are excepted from 
the full regime of the hazard communication requirements that generally 
apply to the transport of hazardous materials in the ICAO TI when 
certain conditions are met to ensure an appropriate level of safety. An 
example is articles containing not more than 100 mg of mercury, gallium 
or an inert gas, which are excepted if certain conditions specified in 
Special Provision A69 of the ICAO TI are met. Frequently, the ICAO TI 
contain more restrictive or additional requirements and conditions that 
apply for air transportation. The special provisions that address these 
requirements contain packaging provisions, prohibitions, and exceptions 
from requirements for particular quantities or forms of materials. To 
enable air carriers to ascertain that a shipment conforms to applicable 
requirements, in the July NPRM, we proposed to adopt a number of 
amendments consistent with recently adopted amendments in the ICAO TI. 
Specifically we proposed to require the shipper to include on the air 
waybill accompanying a shipment an indication that a hazardous material 
or article has met the applicable conditions for transport. We stated 
that this indication would allow freight forwarders and operators to 
verify that the shipper is aware of, and has complied with, the 
applicable regulatory requirements. Additionally, we stated that it 
would reduce the likelihood of unnecessary carrier delays through 
improved communication.
    As discussed earlier in this preamble, a number of commenters 
oppose this proposal. For example, commenters oppose the certification 
provisions because the HMR do not specifically require an air waybill 
and express concern that the proposed certification requirement means 
that all air shipments must now be accompanied by a waybill. Commenters 
also note that use of an air waybill is not standard across the air 
carrier industry, and that the industry is moving towards a paperless 
system for shipments. In addition, commenters state that in many cases 
the carrier or the freight forwarder prepares the air waybill; these 
commenters thus disagree with PHMSA's premise that including 
certification on an air waybill allows a carrier or freight forwarder 
to verify that the shipper has complied with applicable requirements. 
Commenters also suggest that we significantly under-estimated the 
paperwork burden that would result from implementation of the proposed 
certification requirement.
    Based on our review of comments and on past history of safe 
transportation of these excepted materials, in this final rule, we are 
not adopting the requirement as proposed. We will continue to review 
the merits of the proposal and may reconsider the proposed amendments 
or a similar revised amendment for a future rulemaking.
Section 173.168
    Section 173.168 establishes the requirements for the transportation 
of chemical oxygen generators. A chemical oxygen generator that is 
transported with a means of initiation attached must be approved prior 
to shipment. This approval requirement applies to chemical oxygen 
generators with either an explosive or non-explosive means of 
initiation attached. As currently drafted, it appears that the 
requirement to obtain an approval applies only to oxygen generators 
with an explosive means of initiation. In this final rule, we are 
revising paragraph (a) to clarify the

[[Page 2222]]

approval requirements for a chemical oxygen generator.
Section 173.196
    Section 173.196 establishes packaging requirements for Category A 
infectious substances. In this final rule, we are revising paragraphs 
(a)(1) and (a)(2) by replacing the word ``watertight'' with 
``leakproof.'' These proposed revisions are consistent with 
international regulations. No substantive changes to the packaging 
requirements are intended by this wording change.
Section 173.206
    In this final rule, we are adding a new packaging section (Sec.  
173.206) to the HMR to harmonize with new packaging requirements for 
water-reactive chlorosilanes adopted in the Fifteenth revised edition 
of the UN Recommendations. The enhanced packaging requirements more 
adequately address the water-reactive properties of these materials. We 
are also evaluating whether packaging for other water-reactive 
materials should also be enhanced. Depending on the outcome of our 
evaluation, we may propose further amendments to the UN Recommendations 
and the HMR. In the meantime, the entries affected by the addition of 
new packaging Sec.  173.206 are as follows:

UN1724 Allyltrichlorosilane, stabilized
UN1728 Amyltrichorosilane
UN1747 Butyltrichlorosilane
UN1753 Chlorophenyltrichlorosilane
UN2986 Chlorosilanes, corrosive, flammable, n.o.s.
UN2987 Chlorosilanes, corrosive, n.o.s.
UN2985 Chlorosilanes, flammable, corrosive, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1762 Cyclohexenyltrichlorosilane
UN1763 Cyclohexyltrichlorosilane
UN2434 Dibenzyldichlorosilane
UN1766 Dichlorophenyltrichlorosilane
UN1767 Diethyldichlorosilane
UN1162 Dimethyldichlorosilane
UN1769 Diphenyldichlorosilane
UN1771 Dodecyltrichlorosilane
UN2435 Ethylphenyldichlorosilane
UN1196 Ethyltrichlorosilane
UN1781 Hexadecyltrichlorosilane
UN1784 Hexyltrichlorosilane
UN2437 Methylphenyldichlorosilane
UN1250 Methyltrichlorosilane
UN1799 Nonyltrichlorosilane
UN1800 Octadecyltrichlorosilane
UN1801 Octyltrichlorosilane
UN1804 Phenyltrichlorosilane
UN1816 Propyltrichlorosilane
UN1298 Trimethylchlorosilane
UN1305 Vinyltrichlorosilane, stabilized
Section 173.222
    Section 173.222 specifies the requirements for dangerous goods in 
machinery or apparatus. Paragraph (c) of this section specifies the 
total net quantity limits contained in one item of machinery or 
apparatus. Consistent with the ICAO TI, we are revising this section to 
prohibit Division 2.2 gases with subsidiary risks and refrigerated 
liquefied gases for transportation by aircraft as dangerous goods in 
machinery or apparatus.
Section 173.225
    Section 173.225 specifies packaging requirements and other 
provisions for organic peroxides. When the Sec.  172.101 table 
specifies this section, the organic peroxide must be packaged and 
offered for transportation in accordance with the provisions of this 
section. Each packaging must also conform to the general requirements 
of Subpart B of Part 173 and to the applicable requirements of Part 178 
of the HMR. Specifically, organic peroxides that require temperature 
control are subject to Sec.  173.21(f). When an IBC or bulk packaging 
is authorized and meets the requirements of paragraph (f) or (h) of 
Sec.  173.225, respectively, lower control temperatures than those 
specified for non-bulk packaging may be required. An organic peroxide 
not identified in paragraph (c), (e), or (g) of Sec.  173.225 by 
technical name, or not assigned to a generic type in accordance with 
paragraph (b)(3) of this section, must conform to the requirements in 
paragraph (c) of Sec.  173.128.
    The Organic Peroxides Table specifies by technical name those 
organic peroxides that are authorized for transportation and not 
subject to the approval provisions of Sec.  173.128. An organic 
peroxide identified by technical name is authorized for transportation 
only if it conforms to all applicable provisions of the table. In this 
final rule, we are amending the Organic Peroxides Tables by adding new 
entries, revising current entries, and adding new Notes ``29,'' ``30,'' 
and ``31'' following the Organic Peroxides Table. New Note ``29'' 
indicates that specific entries are not subject to the requirements of 
this subchapter for Division 5.2. New Notes ``30'' and ``31'' indicate 
that for specific entries, organic peroxides with a boiling point 
greater than 130 [deg]C (266 [deg]F) or available oxygen less than or 
equal to 6.7% are acceptable. We are also adding new entries to the 
Organic Peroxide IBC Table in paragraph (e) of this section.

    The following entries in the Organic Peroxides Table are being 
amended:

UN3101 tert-Amyl peroxy-3,5,5-trimethylhexanoate
UN3117 Di-(2-ethylhexyl) peroxydicarbonate [as a stable dispersion in 
water]

    The following entries are added to the Organic Peroxides Table:

UN3119 tert-Amyl peroxyneodecanoate
UN3119 tert-Amyl peroxypivalate
UN3106 tert-Butyl peroxy 3,5,5-trimethlyhexanoate
UN3115 Cumyl peroxyneodecanoate
Exempt Cyclohexanone peroxide(s)
UN3105 2,2-Di-(tert-amylperoxy)-butane
Exempt Dibenzoyl peroxide
UN3109 tert-Butyl peroxybenzoate
UN3103 1,1-Di-(tert-butylperoxy)-cyclohexane
UN3109 1,1-Di-(tert-butylperoxy)-cyclohexane
UN3105 1,1-Di-(tert-butylperoxy)-cyclohexane + tert-butylperoxy-2-
ethylhexanoate
Exempt Di-(2-tert-butylperoxyisopropyl) benzene(s)
UN3103 1,1-Di-(tert-butylperoxy)-3,3,5-trimethylcyclohexane
UN3118 Di-2,4-dichlorobenzoyl peroxide
Exempt Di-4-chlorobenzoyl peroxide
Exempt Dicumyl peroxide
UN3119 Di-(2-ethylhexyl) peroxydicarbonate [as a stable dispersion in 
water]
UN3119 Di-(2-neodecanoyl-peroxyisopropyl) benzene, as stable dispersion 
in water
UN3115 3-Hydroxy-1,1-dimethylbutyl peroxyneodecanoate
UN3117 3-Hydroxy-1,1-dimethylbutyl peroxyneodecanoate
UN3119 3-Hydroxy-1,1-dimethylbutyl peroxyneodecanoate [as a stable 
dispersion in water]
UN3109 Methyl isopropyl ketone peroxide(s)
UN3107 3,3,5,7,7-Pentamethyl-1,2,4-trioxepane

    A new Note ``30'' is added following the Organic Peroxides Table to 
read: ``Diluent type B with boiling point > 130 [deg]C (266 [deg]F).''
    A new ``Note ``31'' is added following the Organic Peroxides Table 
to read: ``Active oxygen <= 6.7%.''
    The following entries are being revised or added to the Organic 
Peroxide IBC Table as follows:

UN3109 tert-Butyl peroxybenzoate, not more than 32% in diluent type A
UN3109 1,1-Di-(tert-butylperoxy)-cyclohexane, not more than 37% in 
diluent type A

[[Page 2223]]

UN3119 tert-Amyl peroxypivalate, not more than 32% in diluent type A
UN3119 tert-Butyl peroxyneodecanoate, not more than 52%, stable 
dispersion, in water
UN3119 Di-(2-neodecanoylperoxyisopropyl) benzene, not more than 42%, 
stable dispersion, in water
UN3119 3-Hydroxy-1,1-dimethylbutyl peroxy-neodecanoate, not more than 
52%, stable dispersion, in water

    In addition, in the Organic Peroxide Portable Tank Table, UN3119 
``Di-(3,5,5-trimethyl-hexanoyl) peroxide, not more than 38% in diluent 
type A'' is being revised, and UN3119 ``tert-Amyl peroxyneodecanoate, 
not more than 47% in diluent type A'' is being added as a new entry.
Section 173.226
    Section 173.226 establishes non-bulk packaging requirements for 
Division 6.1 PG I, Hazard Zone A materials. In this final rule, we are 
editorially revising paragraph (c) to enhance accuracy, reduce 
misunderstanding, and provide a more user-friendly format.
Section 173.230
    Currently Sec.  173.230 provides regulations for the transportation 
of fuel cell cartridges containing flammable liquids. As portable 
electronic devices continue to evolve, developers of fuel cell 
cartridge technologies are considering various types of fuel sources to 
meet increasing power demands. Provisions addressing these other fuel 
types have already been adopted in the Fifteenth revised edition of the 
UN Recommendations, the ICAO Technical Instructions and the IMDG Code. 
Additionally, we received petitions from HMT, L.L.C. (P-1517) and the 
U.S. Fuel Cell Council (P-1518) requesting that we align the HMR 
provisions for fuel cell systems and cartridges with international 
standards. Consistent with several of PHMSA's strategic goals of 
ensuring safety and advancing technology solutions to support energy 
independence and environmental protection, we are adding four new 
proper shipping names to the HMT to describe the range of fuel used in 
fuel cell cartridges: ``Water-reactive substances,'' UN3476; 
``Corrosive substances,'' UN3477; ``Liquefied flammable gas,'' UN3478; 
and ``Hydrogen in metal hydride,'' UN3479. These additions will provide 
guidance for the safe transportation of fuel cells and will introduce a 
greater variety of technology into the global marketplace.
    The type of hazard would not be included in the proper shipping 
name but, instead, would be identified by the hazard class or division 
(e.g., 2.1; 3; etc.). Readers should note that liquefied flammable 
gases and hydrogen in a metal hydride are both Division 2.1 materials 
used in fuel cell cartridges. However, the provisions necessary for the 
safe transportation of these articles are quite different and 
therefore, it is necessary to distinguish them with separate shipping 
descriptions. In addition, because fuel cell cartridges may contain 
hazardous materials of different hazard classes, we are revising Sec.  
173.230 to provide a comprehensive section to address the requirements 
for all fuel cell cartridges containing hazardous materials as fuel. In 
addition, consistent with the ICAO Technical Instructions, in Sec.  
175.10, we are expanding the types of fuel cell cartridges permitted in 
carry-on baggage by airline passengers and crew members to include 
water-reactive substances and hydrogen in a metal hydride. Fuel cell 
cartridges permitted for transport by passengers and crew members must 
continue to conform to certain rigorous performance criteria outlined 
in Sec.  175.10.
    One commenter [HMT] requests that we adopt the definition of fuel 
cell cartridge or fuel cartridge provided in the Fifteenth edition of 
the UN Model Regulations. The commenter notes that the current 
definition for fuel cell cartridge or fuel cartridge adopted in a 
separate final rule (Docket No. HM-243; 73 FR 23362; April 30, 2008) 
does not align with the definition provided in the UN Model 
Regulations. The commenter further states that the definition currently 
provided in Sec.  171.8 would limit fuel cells to those for micro power 
units and would prohibit fuel cells from being refilled by the user. 
The commenter states that most hydrogen in metal hydride fuel cell 
cartridges are intended to be filled by the user and fuel cell 
cartridges intended for military and industrial applications would be 
excluded from the current definition of fuel cell cartridge or fuel 
cartridge.
    We agree with the commenter. The definition in the Fifteenth 
edition of the UN Recommendations provides an adequate definition of 
fuel cell cartridges and addresses the various applications of this 
technology. Therefore, in this final rule we are revising the 
definition in Sec.  171.8 for fuel cell cartridge or fuel cartridge 
consistent with the definition provided in the Fifteenth edition of the 
UN Recommendations.
    Two commenters [HMT, FCC] request that we remove the phrase ``be 
free of electric charge generating components'' from the last sentence 
of paragraph (a). The commenters correctly note this phrase was removed 
from the Fifteenth edition of the UN Recommendations when provisions 
for fuel cell cartridges were expanded to fuels other than flammable 
liquids. HMT suggests the meaning of the requirement is unclear and 
appears to have little relevance to fuel cell cartridges containing 
non-flammable fuels. We agree with the commenters. The regulations 
pertaining to fuel cell cartridges should be clear, enforceable and 
consistent with international standards to the extent possible. 
Therefore, in this final rule we are removing the phrase ``be free of 
electric charge generating components'' from paragraph (a).
    Paragraph (d) outlines additional requirements and tests for fuel 
cell cartridges containing hydrogen in a metal hydride. HMT suggests 
several editorial revisions to the proposed language in paragraph (d) 
for consistency with the Fifteenth edition of the UN Recommendations. 
We agree; these are minor revisions and will provide greater clarity to 
the regulations. Specifically, in this final rule we are clearly 
distinguishing between design qualification tests and production tests 
and correcting various figures and units of measure.
    Paragraph (e) describes the various package configurations 
authorized for the transport of fuel cell cartridges. One commenter 
[FCC] suggests several revisions to this paragraph for consistency with 
the UN Recommendations and the ICAO Technical Instructions. We agree 
with the commenter and in this final rule we are revising paragraph 
(e)(2) to be consistent with the UN Recommendations and the ICAO 
Technical Instructions.
    Paragraph (f) outlines additional requirements for the 
transportation of fuel cell cartridges by aircraft. HMT and FCC note 
that the proposed paragraph (f)(3) is inconsistent with the ICAO 
Technical Instructions and request we clarify our intent to only 
require fuel cell cartridges and fuel cell systems to comply with IEC 
PAS 62282-6-1 Ed. 1 when contained in equipment. We agree with the 
commenters and are revising this paragraph consistent with the 2009-
2010 edition of the ICAO Technical Instructions.
    Paragraphs (f)(4) and (f)(5) apply to fuel cells cartridges packed 
with equipment. One commenter, [HMT] requests we combine paragraphs 
(f)(4) and (f)(5) for clarity since both paragraphs apply to fuel cells 
cartridges packed with equipment. While we agree with the commenter, we 
do not see a reason to restate requirements in

[[Page 2224]]

paragraph (f)(4) that are already stated in paragraph (e)(2)(i). In 
this final rule we are deleting the proposed paragraph (f)(4) and the 
proposed (f)(5) is now (f)(4). In addition, we are reordering the 
remaining paragraphs appropriately.
    The ICAO Technical Instructions contain additional provisions 
applicable to fuel cell cartridges containing Division 4.3 and Class 8 
material. This provision restricts the mass of each fuel cell cartridge 
to 1.0 kg (2.2 lbs.) Although this requirement was not proposed, it is 
our intention to harmonize to the extent possible with the ICAO 
Technical Instructions. Therefore, in this final rule, we are adding 
this requirement to paragraph (f)(7) of this section.
    Paragraph (f)(8) states fuel cell cartridges intended for transport 
in carry-on baggage must also meet the applicable provisions of Sec.  
175.10. HMT requests that we revise paragraph (f)(8) to specify only 
the requirements of paragraphs (a) through (d) apply in this case since 
the additional requirements of paragraphs (e) and (f) would preclude a 
passenger from using a fuel cell while on board an aircraft. We agree 
with the commenter. The provisions outlined in this section and Sec.  
175.10 are intended to permit passengers to safely carry on and use 
fuel cell cartridges consistent with their intended use onboard 
aircraft. In this final, rule we are revising paragraph (f)(8) to 
specify fuel cell cartridges carried by aircraft passengers or 
crewmembers are subject to paragraphs (a) through (d) of this section 
and the applicable provisions of Sec.  175.10.
    Paragraph (g) provides limited quantity exceptions for fuel cell 
cartridges. In the NPRM, we proposed to limit the amount of fuel 
permitted in the fuel cell cartridge by limiting the capacity of the 
reservoir in the fuel cell cartridge. This is consistent with other 
limited quantity exceptions outlined in Sec. Sec.  173.150 through 
173.154 that limit the size of inner packagings. HMT notes that the UN 
Model Regulations specify an authorized quantity limitation based on 
the maximum quantity of fuel per cartridge. The commenter requests we 
revise the limited quantity exceptions in this paragraph to minimize 
the amount of hazardous materials contained in the cartridge consistent 
with the UN Recommendations. Although this change would permit slightly 
more hazardous material in a fuel cell cartridge for fuel cell 
cartridges containing a Class 3, Division 4.3 or Class 8 material, we 
believe the additional risk associated with this change would be 
negligible, considering the robust nature of fuel cell cartridges and 
the design type and production testing that must be conducted prior to 
offering fuel cell cartridges for transportation. We agree with the 
commenter, and in this final rule, we are revising paragraphs (g)(1), 
(2) and (3) to express the quantity limitations based on the quantity 
of liquid or solid fuel contained in the article.
Section 173.304(b)
    Section 173.304(b) specifies additional requirements for liquefied 
compressed gases in UN pressure receptacles. In a final rule published 
on June 12, 2006, under Docket PHMSA-2005-17463 (HM-220E) entitled ``UN 
Cylinders,'' (71 FR 33858), we adopted the filling limits for liquefied 
compressed gases and mixtures in UN pressure receptacles specified in 
the UN Recommendations. Based on a review of the P200 filling limits, 
we lowered the filling limits for ten gases and added a table under 
paragraph (c) in Sec.  173.304b to specify the revised filling limits. 
The UN Recommendations subsequently adopted these revised filling 
limits. Since there is no longer a need for the revised filling limits 
for liquefied compressed gases in the HMR, in this final rule, we are 
removing paragraph (c) of Sec.  173.304b in its entirety. Current 
paragraphs (d) and (e) are being re-designated accordingly.
Section 173.306
    Section 173.306 establishes transportation requirements for limited 
quantities of compressed gases. The ICAO TI have incorporated 
provisions for the transportation of limited quantities of compressed 
gases in inner nonrefillable plastic receptacles to keep abreast with 
new technology and on the basis that inner nonrefillable plastic 
receptacles provide a level of safety equivalent to other authorized 
packagings. Although the HMR do not currently allow the transportation 
of these plastic receptacles by air, PHMSA has issued several Special 
Permits authorizing such transportation with certain restrictions, such 
as shipping paper, labeling, marking, and packaging requirements. We 
have reviewed these materials from a risk/safety perspective, and based 
on an equivalent level of safety determination established by the 
Special Permits, and a record of the safe transportation of plastic 
receptacles, we are adopting requirements for the construction and use 
of plastic containers within the HMR. We believe this amendment will 
also enhance international harmonization and provide relief to the 
regulated community by reducing the need for Special Permits to 
transport these materials. A new aerosol container specification ``2S'' 
is included in Sec.  173.306, with corresponding requirements as 
detailed in a new Sec.  178.33b. One commenter [P&G] expresses support 
for the allowance of limited quantities of Division 2.2 materials with 
no subsidiary hazard to be transported in plastic containers and also 
provides recommendations for the testing and material requirements of 
these packagings [See discussion under Sec.  178.33b]. The same 
commenter [P&G] suggests alternatives to the hot water bath tests for 
leak detection for both plastic and metal aerosol containers. 
Specifically, the commenter requests that we modify the hot water bath 
test protocol to permit a reduction in temperature if the receptacles 
are made of a plastic material that softens at higher temperatures. As 
noted in the NPRM, we proposed to add Sec.  173.306(a)(5) to allow an 
alternative hot water bath test for aerosol dispensers made of plastic 
materials which soften at higher temperatures. We received no 
additional comments opposing this proposal; therefore, in this final 
rule, we are adopting this proposal without change.
    We are also revising paragraph (j) to require the consignor to 
include on an air waybill or other shipping documentation an indication 
that a hazardous material or article has met the applicable conditions 
for air transport. This indication will allow freight forwarders and 
operators to verify that the consignor is aware of, and has complied 
with, the applicable regulatory requirements.
Section 173.307
    Section 173.307 specifies exceptions for compressed gases. The ICAO 
TI have Special Provision (A69) excepting from regulation articles 
containing minimal amounts of gallium, mercury, or inert gas. Based on 
a review that indicated the special provision was not assigned 
appropriately among all inert gases, ICAO proposed to assign the 
special provision to all the inert gases concerned. The HMR do not 
currently have a similar provision for inert gases, although the HMR 
have the same exception for articles containing gallium or mercury in 
Sec. Sec.  173.162 and 173.164, respectively. Rather than adding a new 
special provision, we are adding to this section a general exception 
for articles containing inert gas. This exception specifies that 
manufactured articles or apparatuses, each containing not more than 100 
mg of inert gas and packaged so that the quantity of inert gas per 
package does not exceed 1 g, are not subject to the HMR.

[[Page 2225]]

Section 173.322
    Section 173.322 establishes specific packaging requirements for 
ethyl chloride (UN1037). Recently, PHMSA became aware of an incident 
involving an aluminum compressed gas cylinder containing ethyl 
chloride. The investigation of this incident suggests the possibility 
that a reaction occurred within the aluminum cylinder as a result of 
the incompatibility between the ethyl chloride gas and the aluminum 
cylinder. The HMR currently prohibit the transportation of ethyl 
chloride in UN pressure receptacles constructed of aluminum alloy but 
have no such prohibition for specification cylinders. To address this 
occurrence, in this final rule, we are revising this section to 
prohibit the filling of specification cylinders made of aluminum alloy 
(e.g., DOT 3AL) with ethyl chloride.

Part 175

Section 175.10
    Section 175.10 establishes exceptions for the transportation of 
certain hazardous materials by aircraft, including hazardous materials 
that may be carried by passengers or crewmembers in checked or carry-on 
baggage. In this final rule, we are revising the exception for dry ice 
in paragraph (a)(10) to clarify that dry ice carried in both carry-on 
and checked baggage is subject to the approval of the aircraft 
operator.
    We are also revising Sec.  175.10(a)(15) to clarify that when the 
battery is disconnected, the battery terminals must also be protected 
to prevent short circuits. (See discussion under ``Amendments to 
Enhance the Safe Transportation of Batteries and Battery-Powered 
Devices'' of this rulemaking.) In response to the proposals in the NPRM 
pertaining to this section, one commenter [URS] points out a 
discrepancy in terminology in reference to exceptions for passengers, 
crewmembers, and air operators under Sec.  175.10. URS notes that under 
Sec.  175.10(a)(17), PHMSA uses the terminology ``consumer electronic'' 
to describe devices powered by lithium batteries carried on board an 
aircraft, whereas under revised Sec.  175.10(a)(18), PHMSA use the 
terminology ``portable electronic'' to describe the same types of 
devices but powered by fuel cell cartridges and carried on board an 
aircraft. The commenter requests PHMSA replace ``consumer electronic 
and medical'' with ``portable'' for consistency between the two 
exceptions. We agree, and in this final rule, we are revising Sec.  
175.10(a)(17) to indicate ``portable electronic devices.''
    As noted under the discussion in Sec.  173.230, we are revising 
paragraph (a)(18) to expand the types of fuel cell cartridges permitted 
in carry-on baggage by airline passengers and crew. Fuel cell 
cartridges permitted for transport by passengers and crewmembers must 
continue to conform to the rigorous performance criteria outlined in 
Sec.  175.10.
    Finally, we are revising paragraph (a) and adding a new paragraph 
(c) to specify that the requirements to submit incident reports under 
Sec. Sec.  171.15 and 171.16 of this subchapter apply to the air 
carrier.
Section 175.33
    Section 175.33 establishes requirements for shipping papers and 
notification of pilot-in-command for hazardous materials transported by 
aircraft. We are adopting several amendments to strengthen and clarify 
these requirements, harmonize with international standards, and address 
a recommendation of the NTSB from a 2006 incident.
    On February 7, 2006, United Parcel Service Company (UPS) flight 
1307, landed at its destination, Philadelphia International Airport, 
after a cargo smoke indication in the cockpit. The crewmembers 
evacuated the aircraft upon landing and sustained minor injuries. The 
aircraft and most of the cargo, however, were destroyed. In its 
investigation of the incident, the NTSB determined that UPS personnel 
were able to retrieve the notice to captain (NOTOC), which contained 
information on the hazardous materials on board the airplane. However, 
NTSB also determined that personnel did not provide emergency 
responders with detailed information about the hazardous materials on 
board the aircraft in a timely manner, and such a delay could have 
potentially created a safety hazard. As a result of its findings, NTSB 
recommended that PHMSA ``require aircraft operators that transport 
hazardous materials to immediately provide consolidated and specific 
information about hazardous materials on board an aircraft, including 
proper shipping name, hazard class, quantity, number of packages, and 
location to on-scene emergency responders upon notification of an 
accident or incident.'' (NTSB Recommendation A-07-106)
    The HMR currently require aircraft operators to make available, 
upon request, to an authorized official of a Federal, State, or local 
government agency, including an emergency responder, at reasonable 
times and locations, the documents or information required by Sec.  
175.33, which include shipping papers and notification of pilot-in-
command. However, aircraft operators are not required to provide 
hazardous materials information to emergency responders immediately 
upon notification of an accident or incident. We agree with NTSB that 
delays in the transmittal of information to emergency responders could 
delay timely and effective response to incidents. Therefore, in the 
NPRM, we proposed to revise paragraph (c)(4) of this section to require 
aircraft operators that transport hazardous materials to provide 
immediate and specific information about hazardous materials on board 
an aircraft, including proper shipping name, hazard class, quantity, 
number of packages, and location, to on-scene emergency responders in 
the event of an accident or incident.
    One commenter [ALPA] does not support the proposal to require 
aircraft operators that transport hazardous materials to provide 
immediate and specific information about hazardous materials on board 
an aircraft, including proper shipping name, hazard class, quantity, 
number of packages, and location, to on-scene emergency responders in 
the event of an accident or incident. ALPA states, ``* * * we are 
concerned that the proposed wording in the current rulemaking effort is 
not specific enough in how the information is to be provided to first 
response personnel, or in what is considered immediate notification.'' 
ALPA expresses concern that operators will task a flight crew with 
providing the information on the NOTOC to emergency responders during 
an incident when the flight crew's focus should be on safely evacuating 
an aircraft. ALPA recommends that PHMSA require operators to find a 
method of providing the required information to emergency responders 
without involving the flight crew.
    We acknowledge ALPA's concern with involvement of the flight crew 
and as indicated previously in the preamble to Docket HM-206C, in an 
emergency situation, retrieval of the information from the flight crew 
may not be practical during an in-flight emergency because the flight 
crew may be attending to more pressing tasks. However, we believe the 
method for providing immediate notification to emergency responders is 
best determined by the operators. Therefore, in this final rule, we are 
adopting the revision as proposed.
    In response to a FedEx petition, [P-1490], in the NPRM, we also 
proposed to revise Sec.  175.33(a)(1)(i) to remove the requirement that 
the type of package must be included on the notification of

[[Page 2226]]

pilot-in-command. Three commenters [FedEx, IPA, UPS] indicate support 
for our proposal to remove the requirement to include the type of 
packaging on the notification of pilot-in-command. One commenter [IPA] 
requests that PHMSA require special notice to the flight crew through 
the notification of pilot-in-command any time cargo aircraft only 
hazardous material is loaded in an inaccessible location. We disagree. 
The notification of pilot-in-command requirements already require 
information on the loading location of packages aboard aircraft and 
confirmation that the package must be carried only on cargo aircraft if 
its transportation aboard passenger-carrying aircraft is forbidden, in 
Sec.  175.75(a)(4) and (a)(9), respectively. We did not receive other 
comments opposing this proposal; therefore, in this final rule, we are 
removing the requirement as proposed.
    In addition, for consistency with international regulations, in the 
NPRM, we proposed to add a new paragraph (a)(11) to specify that for 
``Carbon dioxide, solid (dry ice),'' UN1845, only the UN number, proper 
shipping name, class, total quantity, exact location aboard the 
aircraft, and the airport at which the package(s) is to be unloaded 
need be provided.
    Two commenters [Omni, UPS] express concern regarding the language 
provided in new paragraph (a)(11). Specifically, Omni, notes that ``* * 
* In the proposed language to be added relative to UN1845 * * * the 
aircraft operator is required to provide the exact location aboard the 
aircraft.'' Omni requests clarification of the meaning of ``exact 
location'' because the language is not the same for the requirement to 
inform the pilot-in-command of the location of the packages aboard 
aircraft required for other hazardous materials, and urges PHMSA to 
remove the word ``exact'' from the requirement. UPS points out an 
inconsistency with the ICAO TI by indicating, ``* * * ICAO has 
determined to allow the dry ice information to be aggregated for each 
hold in an aircraft, not just the loading position.'' UPS recommends 
that PHMSA revise the language to be consistent with ICAO TI. The ICAO 
TI requires the ``total quantity in each hold on the aircraft.'' This 
is different in meaning from the ``exact location'' as written in the 
NPRM in that, as UPS points out, an aircraft hold encompasses several 
loading locations.
    We agree with the commenters, the use of the word ``exact'' is 
inconsistent with the provision to provide the location of packages 
under Sec.  175.33(a)(4) and the provision for ``dry ice'' added to the 
ICAO TI. Therefore, we are revising the language by removing the word 
``exact'' from paragraph (a)(11).
    Another commenter [COSTHA] requests that we clarify paragraph 
(a)(11) to indicate the provision applies only when notification of 
pilot-in-command is required because not all shipments of ``dry ice'' 
are subject to the notification of pilot-in-command requirements (see 
Sec.  172.217(c)(5)). We agree with the commenter that not all 
shipments of ``dry ice'' require notification, but we disagree that a 
clarifier is needed for new paragraph (a)(11). The paragraph (a) 
introductory text already indicates that the section applies to 
hazardous materials subject to the provisions of the HMR that are 
carried in an aircraft. If a shipment of dry ice is excepted from all 
other requirements of the HMR under Sec.  173.217(c)(5), the shipper of 
dry ice does not need to consult Sec.  175.33 for air shipping paper 
and notification of pilot-in-command requirements as these requirements 
no longer apply.
Section 175.75
    Section 175.75 specifies the requirements for quantity limitations 
and cargo locations for hazardous materials transported by aircraft. 
With few exceptions, paragraph (d) requires each package containing a 
hazardous material acceptable only for cargo aircraft to be loaded in 
such a manner that a crew member or other authorized person can access, 
handle and when size and weight permit, separate such packages from 
other cargo during flight. To increase flexibility in these stowage 
requirements, in the NPRM we proposed to expand this requirement to 
allow for the stowage of these materials in inaccessible cargo 
compartments, provided the compartment has an FAA-approved fire or 
smoke detection system and a fire-suppression system.
    Five commenters [FedEx, IPA, NACA, Omni, UPS] support our proposal 
to allow the loading of cargo aircraft only hazardous materials in a 
cargo compartment that has an FAA-approved fire or smoke detection and 
a fire-suppression system. However, several commenters request 
clarification of the regulatory language and recommend revisions or 
additional changes. UPS is concerned that the proposed language to 
require an FAA-approved fire or smoke detection and a fire-suppression 
system is inconsistent with ICAO TI because it may allow for an FAA-
approved system that is not identical to the certification requirements 
for a Class C compartment. The commenter notes ``* * * In the Technical 
Instructions, the new provision will refer specifically to Class C 
compartments.'' We disagree. The FAA defines a Class C cargo 
compartment as a compartment in which there is a separate approved 
smoke detector or fire detector system to give warning at the pilot or 
flight engineer station and there is an approved built-in fire 
extinguishing or suppression system controllable from the cockpit. An 
FAA-approved system would be a system meeting the requirements for a 
Class C compartment as certified by FAA. Secondly, with regard to the 
use of freight containers, the ICAO TI allow for variation in the type 
of system as long as the system is ``equivalent to that required by the 
certification requirements for a Class C aircraft cargo compartment as 
determined by the appropriate national authority.'' However, we believe 
clarification of the language is beneficial, and, in this final rule, 
we are revising Sec.  175.75(d) to reference Class C cargo compartment 
requirements specified in the FAA cargo compartment requirements in 14 
CFR 25.857. Additionally, based on a recommendation from Omni to be 
more consistent with ICAO TI, we are also adding a provision to Sec.  
175.75(d) for the use of an FAA-certified freight container which has 
an approved fire or smoke detection system and fire suppression system 
equivalent to a Class C aircraft cargo compartment.
    Two commenters [UPS, FedEx] request clarification whether packages 
eligible for carriage aboard passenger aircraft should also be allowed 
to be loaded in an inaccessible Class C cargo compartment on a 
passenger aircraft, and whether any weight limitations should be 
applied to packages authorized for passenger aircraft that are loaded 
in a Class C cargo compartment on a cargo aircraft. FedEx indicates, 
``* * * We do not believe it was PHMSA's intent to prohibit DG 
acceptable for Passenger Aircraft from also being loaded [in an] 
inaccessible [compartment] provided the compartment has an FAA-approved 
fire or smoke detection system and a fire-suppression system.'' FedEx 
suggests revising Sec.  175.75(c) to accommodate loading in 
inaccessible cargo compartments aboard passenger aircraft and notes 
that this would also require a revision of the tables in Sec.  
175.75(e). In its comments, UPS suggests that the proposed requirements 
would place no limit on the amount of cargo aircraft only hazardous 
materials that can be loaded in an inaccessible compartment provided 
the compartment meets the certification requirements for a Class C

[[Page 2227]]

compartment. UPS adds, ``* * * in light of the changes proposed for 
loading CAO shipments, the unlimited loading of [packages authorized 
for passenger aircraft] in Class C cargo compartments seems both 
reasonable and justified.'' UPS recommends PHMSA also revise Sec.  
175.75(c) to except packages authorized for passenger aircraft and 
loaded in Class C cargo compartments from the net weight limitations 
and revise the table in Sec.  175.75(e) to reflect any changes made in 
paragraphs (c) and (d).
    We acknowledge UPS' comments and will work with FAA to consider 
revisions to the table in a future rulemaking. However, in this final 
rule, we are revising the introductory language to the quantity and 
loading tables to clarify that loading cargo aircraft only packages in 
conformance with paragraph (d) of Sec.  175.75 is considered accessible 
for quantity limit purposes of the table in Sec.  175.75(f).
    One commenter [Omni] believes consideration should be given to 
eliminate the restriction to limit the net weight of hazardous 
materials loaded in an inaccessible manner to 25 kg with an additional 
75 kg of Division 2.2. Based on comments we received under Docket HM-
228 (71 FR 14586; March 22, 2006), we determined such a restriction is 
necessary for the safety of cargo aircraft transporting hazardous 
materials, and that greater quantities of hazardous materials in 
inaccessible compartments on cargo aircraft would unnecessarily 
compound a situation faced by the crew in an unrelated fire. Therefore, 
we did not adopt a proposal to eliminate the restriction.
    One commenter [NACA] supports our proposal for all materials except 
Class 8 corrosive materials. NACA states, ``* * * A leaking corrosive 
substance would then not be discovered until substantial damage has 
possibly been done to the aircraft and/or other cargo. We disagree. The 
suggestion to restrict a class of hazardous material from being loaded 
in an inaccessible cargo compartment may have merit but is beyond the 
scope of this rulemaking. We did not propose any restrictions on 
classes of hazardous materials that can be loaded in accordance with 
Sec.  175.75(d).
    Finally, for clarity and greater understanding of the quantity 
limitations and cargo location requirements in Sec.  175.75, we are 
revising this section by re-designating paragraph (e)(5) to new 
paragraph (f) to indicate the Quantity and Loading Tables are a 
``stand-alone'' summary of the requirements found in paragraphs (a) 
through (e).
Section 175.88
    Section 175.88 specifies the requirements for the inspection, 
orientation and securing of packages of hazardous materials transported 
by aircraft. In the NPRM, we proposed to revise paragraph (c) to 
specify that packages of hazardous materials must be secured at all 
times in an aircraft in a manner that will prevent shifting or prevent 
a change in the position of the packages in the cargo compartment. Two 
commenters [COSTHA, Omni] support our proposal to specify that packages 
of hazards materials aboard aircraft must be secured at all times. 
However, COSTHA requests that we clarify paragraph (c) pertaining to 
the meaning of the provision to require securing of packages in a 
manner to prevent a change in position of the packages. The commenter 
believes the use of the term ``position'' is unclear and can be 
misinterpreted to mean the location of the package rather than its 
orientation. The commenter recommends that PHMSA revise the language to 
be more consistent with the language in the ICAO TI. We agree that the 
use of the term may be confusing, and therefore, for clarity and 
greater consistency with ICAO TI, in this final rule, we are revising 
paragraph (c) to clarify that packages containing hazardous materials 
must be secured at all times in an aircraft in a manner that will 
prevent any shifting or any change in the orientation of the packages.

Part 176

Section 176.2
    Section 176.2 establishes definitions specific to the 
transportation of hazardous materials by vessel. In this final rule, we 
are editorially revising the definition for ``Commandant'' to update a 
routing designation.
Section 176.3
    Section 176.3 establishes requirements for shipments of hazardous 
materials that are unacceptable for transportation by vessel, and 
requires compliance with parts 172 and 173 of the HMR. In this final 
rule, we are specifying that compliance with subpart C of part 171 is 
also required.
Section 176.84
    Section 176.84 establishes requirements for stowage and segregation 
for cargo vessels and passenger vessels. Consistent with revisions for 
certain materials in the HMT, we are removing stowage codes ``134,'' 
``139,'' and ``140,'' and adding a new stowage code ``145.'' Stowage 
code 140 is assigned to ``Aluminum alkyl halides, liquid,'' UN3052, and 
``Aluminum alkyl halides, solid,'' UN3461. Both of these shipping 
descriptions are being removed consistent with the adoption of 
appropriate generic organometallic entries. Stowage code ``139'' 
provides instruction to ``stow `separated from' mercury salts.'' The 
provision is a duplication of stowage code ``70,'' and both codes are 
assigned to the entry ``1,4-Butynediol,'' UN2716. Additionally, stowage 
code ``139'' is only assigned to this specific entry. Therefore, we are 
removing stowage code ``139.'' Stowage code ``140'' provides 
instruction to ``stow `separated from' UN3052 and UN3461,'' which are 
identification numbers for aluminum alkyl halides in liquid and solid 
form, respectively. These entries are being removed in this final rule. 
Consistent with the removal of these UN numbers from the hazardous 
materials table, we are removing stowage code ``140.'' Stowage code 
``145'' provides instruction to ``stow `separated from' ammonium 
compounds except for UN1444.'' The stowage code is assigned to 
``Potassium persulfate,'' UN1492, and ``Sodium persulfate,'' UN1505. 
These materials may form explosive mixtures with ammonium compounds; 
however, they do not react dangerously or form explosive mixtures when 
in contact with ``Ammonium persulphate,'' UN1444. Finally, in order to 
fully align the HMR with the IMDG Code, a new vessel stowage code 
``146'' is being added to specify that, ``Category B stowage applies 
for unit loads in open cargo transport units.'' The new vessel stowage 
code ``146'' is assigned to ``Batteries, wet, filled with acid, 
electric storage,'' UN2794 and ``Batteries, wet, filled with alkali, 
electric storage,'' UN2795 in column (10B) of the HMT.
Section 176.172
    Section 176.172 establishes the structural serviceability 
requirements for freight containers and vehicles carrying Class 1 
(explosive) materials on vessels. The IMDG Code, as recently amended, 
establishes similar requirements; however, unlike the HMR, the IMDG 
requirements expressly except containers carrying Division 1.4 
explosives. Under the HMR, as provided in Sec.  176.172(c), Division 
1.4 explosive materials need not be accompanied by a statement 
certifying that the freight container is structurally serviceable. 
However, this certification exception does not explicitly except 
freight containers carrying Division 1.4 explosives from the underlying 
serviceability requirements. Because

[[Page 2228]]

Division 1.4 explosives are of a comparatively lower risk relative to 
1.1, 1.2, and 1.3 explosives, the structural serviceability 
requirements, like an accompanying certification, become 
correspondingly less valuable as a safety control. Therefore, in this 
final rule, we are amending paragraph (a) of this section for 
consistency with the requirements of the IMDG Code, by excluding 
freight containers containing Division 1.4 explosive materials from the 
structural serviceability requirements.

Part 178

Section 178.33b
    As noted in the discussion under Sec.  173.306, we are adding a new 
section to define the design, construction, and testing requirements 
for inner nonrefillable plastic containers for aerosols. Specifically, 
we are adding a new Sec.  178.33b to specify packaging; compliance; 
type and size; inspection; duties of an inspector; material; 
manufacture; design qualification, production, and leak testing; and 
marking requirements for inner nonrefillable plastic receptacles.
    One commenter [P&G] requests we amend the drop test criteria in 
Sec.  178.33b-7 to specify that the container should not be dropped on 
the valve. We acknowledge the commenter's concern about impacting and 
possibly damaging the valve during the drop test. Therefore, we are 
amending Sec.  178.33b-7 to specify that orientation of the test 
containers at drop is statistically random, but that direct impact on 
the valve or valve closure is to be avoided. We received no additional 
comments opposing these proposals; therefore, in this final rule, we 
are adopting these proposals without further change.
    In addition, this same commenter requests that we permit the use of 
recycled plastics in plastic containers. We disagree. We do not believe 
that the use of recycled plastic in plastic containers ensures the 
quality of the material. In addition, we believe that the design 
qualification testing of the containers will not be representative of 
the production containers if each batch of plastic is unknown. 
Therefore, we are adopting without change, these requirements as 
proposed in the NPRM.
Section 178.502
    Section 178.502 establishes the identification codes for marking 
packagings to certify conformance with UN performance standards. We are 
including a note at the end of this section to indicate that plastic 
materials include other polymeric materials such as rubber and, thus, 
the code used to designate plastic packagings may also be used for 
packagings constructed of other polymeric materials.
Section 178.703
    Section 178.703 establishes marking requirements for IBCs. We are 
including an additional marking requirement to specify the maximum 
permitted stacking load applicable when an IBC is in use, with a 
transition date until January 1, 2011. The symbol must be not less than 
100 mm (3.9 inches) x 100 mm (3.9 inches), and must be durable and 
clearly visible. The letters and numbers must be at least 12 mm high 
(.48 inches). The mass marked above the symbol must not exceed the load 
imposed during the design test divided by 1.8.
    One commenter [American Trucking Associations] strongly supports 
our proposal to add a marking requirement to indicate whether or not an 
IBC is capable of being stacked and to include the maximum permitted 
stacking load applicable. However, the commenter recommends that the 
marking be used for all packagings that have stacking restrictions. 
Additionally, the commenter recommends that we shorten the transition 
period for use of the new marking to 90 days following the effective 
date for newly manufactured and remanufactured packagings, and require 
an effective date on or before January 1, 2011 for all other 
packagings.
    We disagree. PHMSA did not propose to include the marking for all 
packagings subject to stacking restrictions. Additionally, we believe 
the January 1, 2011 date provides an adequate transitional period for 
use of the new stacking marking. Therefore, in this final rule, we are 
adopting the stacking symbol marking for IBCs as proposed, and 
clarifying the language to clarify the instructions for use of the 
marking.
Section 178.801
    Section 178.801 establishes general requirements for the testing of 
IBCs. For clarification, in this final rule, we are adding a sentence 
to paragraph (f) to specify that the IBC must be fitted with the 
primary bottom closure during production testing and inspection.
Section 178.810
    Section 178.810 establishes the requirements for a drop test 
conducted for the qualification of all IBC design types. In this final 
rule, we are revising the criteria in paragraph (e) for passing the 
drop test to specify that no damage is permitted which renders the IBC 
unsafe to be transported for salvage or for disposal, or results in a 
loss of contents. In addition, we are revising this paragraph to 
specify that the IBC must be capable of being lifted by an appropriate 
means until clear of the floor for five minutes.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the following statutory 
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to 
prescribe regulations for the safe transportation, including security, 
of hazardous materials in intrastate, interstate, and foreign commerce. 
This final rule amends regulations to maintain alignment with 
international standards by incorporating various amendments, including 
changes to proper shipping names, hazard classes, packing groups, 
special provisions, packaging authorizations, air transport quantity 
limitations and vessel stowage requirements. To this end, as discussed 
in detail above, the final rule amends the HMR to more fully align them 
with the biennial updates of the UN Recommendations, the IMDG Code and 
the ICAO TI; this will facilitate the transport of hazardous materials 
in international commerce.
    Harmonization serves to facilitate international transportation; at 
the same time, harmonization promotes 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. While the intent of this rulemaking is to align the HMR 
with international standards, we review and consider each amendment on 
its own merit based on its overall impact on transportation safety and 
the economic implications associated with its adoption into the HMR. 
Our goal is to harmonize without sacrificing the current HMR level of 
safety and without imposing undue burdens on the regulated public. 
Thus, as explained in the corresponding sections above, we are not 
adopting harmonization with certain specific provisions of the UN 
Recommendations, the IMDG Code, and the ICAO TI. Moreover, we are 
maintaining a number of current exceptions for domestic transportation 
that should minimize the compliance burden on the regulated community.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to 
ensure that, to the extent practicable,

[[Page 2229]]

regulations governing the transportation of hazardous materials in 
commerce are consistent with standards adopted by international 
authorities. This rule amends the HMR to maintain alignment with 
international standards by incorporating various amendments to 
facilitate the transport of hazardous material in international 
commerce. To this end, as discussed in detail above, the rule 
incorporates changes into the HMR based on the Fifteenth revised 
edition of the UN Recommendations, Amendment 34 to the IMDG Code, and 
the 2009-2010 ICAO TI, which become effective January 1, 2009. The 
continually increasing amount of hazardous materials transported in 
international commerce warrants the harmonization of domestic and 
international requirements to the greatest extent possible.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. The final rule is not 
considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation [44 FR 11034]. This 
final rule applies to offerors and carriers of hazardous materials, 
such as chemical manufacturers, chemical users and suppliers, packaging 
manufacturers, distributors, battery manufacturers, radiopharmaceutical 
companies, and training companies. Benefits resulting from the adoption 
of the amendments in this final rule include enhanced transportation 
safety resulting from the consistency of domestic and international 
hazard communications and continued access to foreign markets by U.S. 
manufacturers of hazardous materials.
    The majority of amendments in this final rule should result in cost 
savings and ease the regulatory compliance burden for shippers engaged 
in domestic and international commerce, including trans-border 
shipments within North America.
    We propose a one-year transition period to allow for training of 
employees and to ease any burden on entities affected by the 
amendments. The total net increase in costs to businesses in 
implementing the final rule is considered to be minimal. Initial start-
up and inventory costs would result from these changes; however, the 
costs would be offset by greater long-term savings of conformance with 
one set of regulations and a one-year transition period. A regulatory 
evaluation is available for review in the public docket for this 
rulemaking.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule preempts State, local and Indian tribe requirements but does 
not propose any regulation that has substantial direct effects on the 
States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
    The Federal hazardous material transportation law, 49 U.S.C. 5101-
5128, contains an express preemption provision (49 U.S.C. 5125(b)) that 
preempts State, local, and Indian tribe requirements on certain covered 
subjects, as follows:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, inspection, marking, 
maintenance, recondition, repair, or testing of a packaging or 
container represented, marked, certified, or sold as qualified for use 
in transporting hazardous material in commerce.
    This final rule addresses covered subject items (1), (2), (3), (4) 
and (5) above and preempts State, local, and Indian tribe requirements 
not meeting the ``substantively the same'' standard. This final rule is 
necessary to incorporate changes adopted in international standards, 
effective January 1, 2009. If the changes in this final rule are not 
adopted in the HMR, U.S. companies, including numerous small entities 
competing in foreign markets, would be at an economic disadvantage. 
These companies would be forced to comply with a dual system of 
regulations. The changes in this final rule are intended to avoid this 
result. Federal hazardous materials transportation law provides at 
section 5125(b)(2) that, if DOT issues a regulation concerning any of 
the covered subjects, DOT must determine and publish in the Federal 
Register the effective date of Federal preemption. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
The effective date of Federal preemption is April 14, 2009.

D. Executive Order 13175

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications and does not impose substantial 
direct compliance costs, the funding and consultation requirements of 
Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities, 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. This 
final rule facilitates the transportation of hazardous materials in 
international commerce by providing consistency with international 
standards. This final rule applies to offerors and carriers of 
hazardous materials, some of whom are small entities, such as chemical 
users and suppliers, packaging manufacturers, distributors, battery 
manufacturers, and training companies. As discussed above, under 
Executive Order 12866, the majority of amendments in this final rule 
should result in cost savings and ease the regulatory compliance burden 
for shippers engaged in domestic and international commerce, including 
trans-border shipments within North America.
    Many companies will realize economic benefits as a result of these 
amendments. Additionally, the changes affected by this final rule will 
relieve U.S. companies, including small entities competing in foreign 
markets, from the burden of complying with a dual system of 
regulations. Therefore, I certify that these amendments will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential

[[Page 2230]]

impacts of draft rules on small entities are properly considered.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it displays a valid OMB 
control number.
    PHMSA currently has approved information collections under OMB 
Control Number 2137-0034, ``Hazardous Materials Shipping Papers and 
Emergency Response Information'' with 6,500,834 burden hours, and an 
expiration date of May 31, 2011; and OMB Control Number 2137-0039, 
``Hazardous Materials Incidents Reports'' with 23,746 burden hours, and 
an expiration date of August 31, 2010. Based on comments received in 
response to the NPRM, this final rule may result in an information 
collection and recordkeeping burden increase under these information 
collections. PHMSA will submit revised information collection requests 
to the Office of Management and Budget (OMB) for approval, and publish 
the results in a separate  Federal Register notice.
    Section 1320.8(d), Title 5, Code of Federal Regulations requires 
that PHMSA provide interested members of the public and affected 
agencies an opportunity to comment on information collection and 
recordkeeping requests. Requests for a copy of these information 
collections should be directed to Deborah Boothe or T. Glenn Foster, 
Office of Hazardous Materials Standards (PHH-11), Pipeline and 
Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE., 
2nd Floor, Washington, DC 20590-0001.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$132 million or more, adjusted for inflation, to either State, local or 
tribal governments, in the aggregate, or to the private sector in any 
one year, and is the least burdensome alternative that achieves the 
objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375, 
requires that federal agencies analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. The Council on Environmental Quality (CEQ) regulations 
order federal agencies to conduct an environmental review considering 
(1) the need for the proposed action, (2) alternatives to the proposed 
action, (3) probable environmental impacts of the proposed action and 
alternatives, and (4) the agencies and persons consulted during the 
consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
    PHMSA is amending the Hazardous Materials Regulations to maintain 
alignment with international standards by incorporating various 
amendments, including changes to proper shipping names, hazard classes, 
packing groups, special provisions, packaging authorizations, air 
transport quantity limitations, and vessel stowage requirements. These 
revisions are necessary to harmonize the Hazardous Materials 
Regulations with recent changes to the International Maritime Dangerous 
Goods Code, the International Civil Aviation Organization's Technical 
Instructions for the Transport of Dangerous Goods by Air, and the 
United Nations Recommendations on the Transport of Dangerous Goods. The 
amendments are intended to enhance 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.
    The HMR regulate materials that meet the definition of a marine 
pollutant in all modes of transportation. The intended effect is to 
increase the level of safety associated with the transportation of 
substances hazardous to the marine environment by way of improved 
communication of their presence in transportation and establishing 
appropriate requirements for their packaging. The HMR uses a list based 
system designed to help shippers determine if a material meets the 
definition of a marine pollutant. Recently, the IMO adopted a criteria 
based system for identification of materials hazardous to the marine 
environment based on the Globally Harmonized System of Classification 
and Labelling of Chemicals (GHS).
2. Alternatives
    In developing this final rule, we considered three alternatives:
    (1) Do nothing.
    (2) Adopt the international standards in their entirety.
    (3) Adopt most of the international standards, with certain 
modifications based on safety or economic considerations.
Alternative 1
    Because our goal is to facilitate uniformity, compliance, commerce 
and safety in the transportation of hazardous materials, we rejected 
this alternative.
Alternative 2
    Under this alternative, we would adopt the classification criteria 
for marine pollutants in the IMDG Code consistent with the aquatic 
toxicity criteria adopted within the GHS. However, the new 
classification system adopted into the IMDG Code is complicated and the 
associated criteria for classifying mixtures containing marine 
pollutants would involve an additional layer of complexity without a 
corresponding public benefit. Therefore, we are not requiring the use 
of the new IMDG Code environmental classification system.
Alternative 3
    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. 
Under Alternative 3, we would harmonize the HMR with international 
standards to the extent consistent with U.S. safety and economic goals. 
As indicated above, we are not adopting provisions that, in our view, 
do not provide an adequate safety level. Further, we provide for 
exceptions and extended compliance periods to minimize the potential 
economic impact of any revisions on the regulated community.
    Under this alternative, we maintain the current marine pollutant 
criteria and list while permitting the use of the GHS Criteria. If a 
material not listed as a marine pollutant in the HMR meets the 
definition of a marine pollutant in accordance with the GHS, that 
material may be transported as a marine pollutant in accordance with 
the

[[Page 2231]]

applicable regulations. Alternative 3 is the only alternative that 
addresses, in all respects, the purpose of this regulatory action, 
which is to facilitate the safe and efficient transportation of 
hazardous materials in international commerce. These actions will 
provide the greatest possible harmonization with international 
requirements without posing an undue increased cost burden on industry. 
For these reasons, alternative 3 is our recommended alternative.
3. Analysis of Environmental Impacts
    Hazardous materials are 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 hazards 
and reducing the probability and quantity of a hazardous material 
release. Amending the Hazardous Materials Regulations to maintain 
alignment with international standards enhances the safe transportation 
of hazardous materials in domestic and international commerce. When 
considering the adoption of international standards under the HMR, we 
review and consider each amendment on its own merit and assess their 
impact on transportation safety and the environment.
    Alternative 1 would maintain the current marine pollutant 
classification system without change. We do not believe this would 
result in any significant impacts on the environment. Alternative 2 may 
result in a significant environmental impact if a material listed in 
the current marine pollutant list does not meet the GHS criteria. The 
recommended alternative 3 maintains the marine pollutant criteria and 
allows the voluntary use of the GHS criteria adopted by the IMDG Code. 
When a material meets the criteria under the GHS criteria but not the 
HMR, the material may still be transported under the applicable 
requirements for a marine pollutant. This would communicate the 
presence of an environmentally hazardous material consistent with the 
IMDG Code. Conversely, if a listed marine pollutant does not meet the 
GHS criteria, the material must be transported as a marine pollutant 
under the HMR unless approved by the Associate Administrator. The 
recommended alternative 3 would not result in any significant impact on 
the environment.
4. Consultations and Public Comment
    On June 22, 2005, November 16, 2005, June 21, 2006, and November 
29, 2006, PHMSA hosted public meetings with public and private 
stakeholders to discuss draft U.S. positions on the United Nation's 
Sub-Committee of Experts on the Transport of Dangerous Goods proposals 
for the Fifteenth revised edition of the UN Recommendations on the 
Transport of Dangerous Goods Model Regulations. In addition, PHMSA and 
the U.S. Coast Guard hosted a public meeting on August 29, 2006, and 
hosted a second meeting on September 6, 2007, to discuss amendments to 
the IMDG Code. A public meeting was held in October 2007 to discuss 
amendments to the ICAO TI. During these public meetings, U.S. positions 
on proposed amendments to the UN Recommendations were considered and 
discussed. Positions were established based on input received during 
these meetings in conjunction with internal review, including thorough 
technical review.
    We have identified a number of immediate and long-term actions that 
participants in the international community are taking or will take to 
enhance the safe transportation of hazardous materials. Through this 
integrated and cooperative approach, we believe we can be most 
successful in reducing incidents, enhancing safety, and protecting the 
public.

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 (65 FR 19477) or you 
may visit http://www.dot.gov/privacy.html.

K. International Trade Analysis

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing any standards or engaging in related 
activities that create unnecessary obstacles to the foreign commerce of 
the United States. For purposes of these requirements, Federal agencies 
may participate in the establishment of international standards, so 
long as the standards have a legitimate domestic objective, such as 
providing for safety, and do not operate to exclude imports that meet 
this objective. The statute also requires consideration of 
international standards and, where appropriate, that they be the basis 
for U.S. standards. PHMSA participates in the establishment of 
international standards in order to protect the safety of the American 
public, and we have assessed the effects of the final rule to ensure 
that it does not exclude imports that meet this objective. Accordingly, 
this rulemaking is consistent with PHMSA's obligations under the Trade 
Agreement Act, as amended.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Incorporation by reference, Labeling, Markings, Packaging and 
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
Packaging and containers, Radioactive materials, Reporting and 
recordkeeping requirements, Uranium.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 176

    Hazardous materials transportation, Incorporation by reference, 
Maritime carriers, Radioactive materials, Reporting and recordkeeping 
requirements.

[[Page 2232]]

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and containers, Reporting and 
recordkeeping requirements.

0
In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; 
Public Law 101-410 section 4 (28 U.S.C. 2461 note); Public Law 104-
134 section 31001.


0
2. In Sec.  171.7, in the paragraph (a)(3) table, the following changes 
are made:
0
a. Under the entry ``International Civil Aviation Organization 
(ICAO),'' the organization's mailing address and the entry ``Technical 
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO 
Technical Instructions), 2007-2008 Edition'' are revised;
0
b. Under the entry ``International Maritime Organization (IMO)'' the 
organization's mailing address and the entries ``International 
Convention for the Safety of Life at Sea (SOLAS) Amendments 2000, 
Chapter II-2, Regulation 19, 2001,'' and ``International Maritime 
Dangerous Goods Code (IMDG Code), 2006 Edition, Incorporating Amendment 
33-06 (English Edition), Volumes 1 and 2'' are revised;
0
c. Under the entry ``International Organization for Standardization,'' 
the organization's mailing address is revised and the entries ``ISO 
10156:1996, Gases and Gas Mixtures--Determination of fire potential and 
oxidizing ability for the selection of cylinder valve outlets, Second 
edition, May 2005 (E)'' and ``ISO 10156-2:2005, Gas cylinders--Gases 
and gas mixtures--Part 2: Determination of oxidizing ability of toxic 
and corrosive gases and gas mixtures, First edition, August 2005, (E)'' 
are added in appropriate numerical order;
0
d. Revise the entry ``Transport Canada''; and
0
e. Under the entry ``United Nations,'' the organization's mailing 
address and the entry ``UN Recommendations on the Transport of 
Dangerous Goods, Fourteenth revised edition (2005), Volumes I and II'' 
are revised.
    The additions and revisions read as follows:


Sec.  171.7  Reference material

    (a) * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
        Source and name of material               49 CFR reference
------------------------------------------------------------------------

                              * * * * * * *
International Civil Aviation Organization
 (``ICAO''), P.O. Box 400, Place de
 l'Aviation International, 1000 Sherbrooke
 Street West, Montreal, Quebec, Canada H3A
 2R2, 1-514-954-8219, http://www.icao.int:
 ICAO Technical Instructions available
 from: INTEREG, International Regulations,
 Publishing and Distribution Organization,
 P.O. Box 60105, Chicago, IL 60660.

                              * * * * * * *
Technical Instructions for the Safe         171.8; 171.22; 171.23;
 Transport of Dangerous Goods by Air         171.24; 172.202; 172.401;
 (``ICAO Technical Instructions''), 2009-    172.512; 172.602; 173.56;
 2010 Edition.                               173.320; 175.33; 178.3.

                              * * * * * * *
International Maritime Organization
 (``IMO''), 4 Albert Embankment, London,
 SE1 7SR, United Kingdom or New York
 Nautical Instrument & Service
 Corporation, 140 West Broadway, New York,
 NY 10013, +44 (0) 20 7735 7611, http://
 www.imo.org: International Convention for
 the Safety of Life at Sea, (``SOLAS'')
 176.63, 176.84. Amendments 2002, Chapter
 II-2/Regulation 19, Consolidated Edition
 2004.
International Maritime Dangerous Goods      171.22; 171.23; 171.25;
 Code (``IMDG Code''), 2008 Edition,         172.101 Appendix B;
 Incorporating Amendment 34-08 (English      172.202; 172.401; 172.502;
 Edition), Volumes 1 and 2.                  172.602; 173.21; 173.56;
                                             176.2; 176.5; 176.11;
                                             176.27; 176.30; 176.84;
                                             178.3; 178.274.
International Organization for
 Standardization, Case Postale 56, CH-
 1211, Geneve 20, Switzerland, +41 22 749
 01 11, http://www.iso.org; Also available
 from: ANSI 25, West 43rd Street, New
 York, NY 10036, 1-212-642-4900, http://
 www.ansi.org.

                              * * * * * * *
ISO 10156:1996, Gases and Gas Mixtures--    173.115.
 Determination of fire potential and
 oxidizing ability for the selection of
 cylinder valve outlets, Second edition,
 February 1996 (E).
ISO 10156-2:2005, Gas cylinders--Gases and  173.115.
 gas mixtures--Part 2: Determination of
 oxidizing ability of toxic and corrosive
 gases and gas mixtures, First edition,
 August 2005, (E).

                              * * * * * * *
Transport Canada, TDG Canadian Government   171.12; 171.22; 171.23;
 Publishing Center, Supply and Services,     172.401; 172.502; 172.519;
 Canada, Ottawa, Ontario, Canada K1A 059,    172.602; 173.31; 173.32;
 416-973-1868, http://www.tc.gc.ca:          173.33.
 Transportation of Dangerous Goods
 Regulations (Transport Canada TDG
 Regulations), August 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; Amendment 5 (SOR/2005-279)
 September 21, 2005; and subsection
 4.18(5) of Amendment 6 (SOR/2008-34)
 February 7, 2008.


[[Page 2233]]


                              * * * * * * *
United Nations, Publications, 2 United
 Nations Plaza, Room DC2-853, New York, NY
 10017, 1-212-963-8302, http://unp.un.org.
UN Recommendations on the Transport of      171.8; 171.12; 171.22;
 Dangerous Goods, Fifteenth revised          171.23; 172.202; 172.401;
 edition (2007). Volumes I and II.           172.502; 173.22; 173.24;
                                             173.24b; 173.40; 173.56;
                                             173.192; 173.197; 173.302b;
                                             173.304b; 178.75; 178.274;
                                             178.801.

                              * * * * * * *
------------------------------------------------------------------------


0
3. Section 171.8, the definitions for ``Fuel cell cartridge'' or ``Fuel 
cartridge'' is revised to read as follows:


Section 171.8  Definitions and abbreviations.

* * * * *
    Fuel cell cartridge or fuel cartridge means an article that stores 
fuel for discharge into the fuel cell through a valve(s) that controls 
the discharge of fuel into the fuel cell.
* * * * *

0
4. In Sec.  171.14, revise paragraph (h) is to read as follows:


Sec.  171.14  Transitional provisions for implementing certain 
requirements.

* * * * *
    (h) The proper shipping name ``Gasohol gasoline mixed with ethyl 
alcohol, with not more than 20 percent alcohol'' in effect on January 
28, 2008, may continue to be used until October 1, 2010. Effective 
October 1, 2010, the new proper shipping name ``Ethanol and gasoline 
mixture or ethanol and motor spirit mixture or ethanol and petrol 
mixture,'' and the revised proper shipping name ``Gasohol gasoline 
mixed with ethyl alcohol, with not more than 10% alcohol'' must be 
used, as appropriate.

0
5. In Sec.  171.15, paragraphs (b)(4) and (b)(5) are revised and a new 
paragraph (b)(6) is added to read as follows:


Sec.  171.15  Immediate notice of certain hazardous materials 
incidents.

* * * * *
    (b) * * *
    (4) A release of a marine pollutant occurs in a quantity exceeding 
450 L (119 gallons) for a liquid or 400 kg (882 pounds) for a solid;
    (5) A situation exists of such a nature (e.g., a continuing danger 
to life exists at the scene of the incident) that, in the judgment of 
the person in possession of the hazardous material, it should be 
reported to the NRC even though it does not meet the criteria of 
paragraphs (b)(1), (2), (3) or (4) of this section; or
    (6) During transportation by aircraft, a fire, violent rupture, 
explosion or dangerous evolution of heat (i.e., an amount of heat 
sufficient to be dangerous to packaging or personal safety to include 
charring of packaging, melting of packaging, scorching of packaging, or 
other evidence) occurs as a direct result of a battery or battery-
powered device.
* * * * *
0
6. In Sec.  171.16, paragraph (a)(3) and (a)(4) are revised and a new 
paragraph (a)(5) is added to read as follows:


Sec.  171.16  Detailed hazardous materials incident reports.

    (a) * * *
    (3) A specification cargo tank with a capacity of 1,000 gallons or 
greater containing any hazardous material suffers structural damage to 
the lading retention system or damage that requires repair to a system 
intended to protect the lading retention system, even if there is no 
release of hazardous material;
    (4) An undeclared hazardous material is discovered; or
    (5) A fire, violent rupture, explosion or dangerous evolution of 
heat (i.e., an amount of heat sufficient to be dangerous to packaging 
or personal safety to include charring of packaging, melting of 
packaging, scorching of packaging, or other evidence) occurs as a 
direct result of a battery or battery-powered device.
* * * * *

0
7. In Sec.  171.25, paragraphs (c)(5) and (d)(3) are added to read as 
follows:


Sec.  171.25  Additional requirements for the use of the IMDG Code.

* * * * *
    (c) * * *
    (5) Effective February 13, 2009, portable tanks, cargo tanks, and 
tank cars containing cryogenic liquids must be stowed ``on deck'' 
regardless of the stowage authorized in the IMDG Code. Cargo tanks or 
tank cars containing cryogenic liquids may be stowed one deck below the 
weather deck when transported on a trailership or trainship that is 
unable to provide ``on deck'' stowage because of the vessel's design. 
Tank cars must be Class DOT-113 or AAR-204W tank cars. Portable tanks, 
cargo tanks, and tank cars containing cryogenic liquids that are in 
transportation and stowed below deck on or before February 13, 2009 may 
continue to be transported to their final destination.
    (d) * * *
    (3) Notwithstanding Sec.  171.25(d)(1), except for portable tanks, 
cargo tanks, and tank cars transporting cryogenic liquids before 
February 13, 2009. Effective February 13, 2009, portable tanks, cargo 
tanks, and tank cars containing cryogenic liquids, which are 
transported by a vessel passing through the United States in the course 
of being shipped between locations outside of the United States must be 
stowed ``on deck'' regardless of the stowage authorized in the IMDG 
Code. Cargo tanks or tank cars containing cryogenic liquids may be 
stowed one deck below the weather deck when transported on a 
trailership or trainship that is unable to provide ``on deck'' stowage 
because of the vessel's design. Tank cars must be Class DOT-113 or AAR-
204W tank cars. Portable tanks, cargo tanks, and tank cars containing 
cryogenic liquids that are in transportation and stowed below deck on 
or before February 13, 2009, may continue to be transported to their 
final destination.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING 
REQUIREMENTS, AND SECURITY PLANS

0
8. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.53.


0
9. In Sec.  172.101, in the Hazardous Materials Table, in Column (7), 
remove ``TP12'' each place it appears.

0
10. In Sec.  172.101, the Hazardous Materials Table is amended by 
removing, adding and revising entries, in the appropriate alphabetical 
sequence, to read as follows:

[[Page 2234]]



                                                                            Sec.   172.101--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                Hazardous                                                                         (8) Packaging  (Sec.   173.***)          (9) Quantity  limitations        (10) Vessel  stowage
                materials      Hazard                                                           ------------------------------------------------------------------------------------------------
  Symbols      descriptions   class or  Identification No.    PG     Label   Special provisions
                and proper    division                               codes     (Sec.   172.102)    Exceptions   Non-bulk    Bulk    Passenger aircraft/   Cargo aircraft     Location     Other
              shipping names                                                                                                               rail                only
(1)          (2)............       (3)  (4)...............  (5)..  (6).....  (7)...............  (8A).........      (8B)      (8C)  (9A)..............  (9B)..............  (10A).....  (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             [Remove].......

                                                                                          * * * * * * *
G..........  Amine,                  3  UN2733............  I....  3, 8....  T14, TP1, TP27....  None.........       201       243  0.5 L.............  2.5 L.............  D.........  40, 52
              flammable,
              corrosive,
              n.o.s. or
              Polyamines,
              flammable,
              corrosive,
              n.o.s.
             Amine, liquid,          8  UN2734............  I....  8, 3....  A3, A6, N34, T14,   None.........       201       243  0.5 L.............  2.5 L.............  A.........  52
              corrosive,                                                      TP2, TP27.
              flammable
              n.o.s. or
              Polyamines,
              liquid
              corrosive,
              flammable
              n.o.s.
                                                            II...  3, 8....  IB2, T11, TP1,      150..........       202       243  1 L...............  5 L...............  B.........  40, 52
                                                                              TP27.
                                                            III..  3, 8....  B1, IB3, T7, TP1,   150..........       203       242  5 L...............  60 L..............  A.........  40, 52
                                                                              TP28.
                                                            II...  8, 3....  IB2, T11, TP2,      None.........       202       243  1 L...............  30 L..............  A.........  52
                                                                              TP27.

                                                                                          * * * * * * *
             Aluminum alkyl        4.2  UN3052............  I....  4.2, 4.3  173, B9, B11, T21,  None.........       181       244  Forbidden.........  Forbidden.........  D.........  134
              halides,                                                        TP2, TP7.
              liquid.
             Aluminum alkyl        4.2  UN3461............  I....  4.2, 4.3  173, T21, TP7,      None.........       181       244  Forbidden.........  Forbidden.........  D.........  134
              halides, solid.                                                 TP33.
             Aluminum alkyl        4.2  UN3076............  I....  4.2, 4.3  173, B9, B11, T21,  None.........       181       244  Forbidden.........  Forbidden.........  D.........
              hydrides.                                                       TP2, TP7.
             Aluminum alkyls       4.2  UN3051............  I....  4.2, 4.3  173, B9, B11, T21,  None.........       181       244  Forbidden.........  Forbidden.........  D.........
                                                                              TP2, TP7.

                                                                                          * * * * * * *
             Batteries, dry,  ........  ..................  .....  ........  130.
              not subject to
              the
              requirements
              of this
              subchapter.

                                                                                          * * * * * * *
             Cartridges,
              sporting, see
              Cartridges for
              weapons, inert
              projectile, or
              Cartridges,
              small arms.

                                                                                          * * * * * * *
+..........  Chloronitrobenz       6.1  UN3409............  II...  6.1.....  IB2, T7, TP2......  153..........       202       243  5 L...............  60 L..............  A.........
              ene, liquid
              ortho.
+..........  Chloronitrobenz       6.1  UN1578............  II...  6.1.....  IB8, IP2, IP4, T3,  153..........       212       242  25 kg.............  100 kg............  A.........
              enes, solid                                                     TP33.
              meta or para.

                                                                                          * * * * * * *
             Chlorosilanes,        6.1  UN3361............  II...  6.1, 8..  IB1, T11, TP2,      None.........       202       243  1 L...............  30 L..............  C.........  40
              toxic,                                                          TP13.
              corrosive,
              n.o.s.
             Chlorosilanes,        6.1  UN3362............  II...  6.1, 3,   IB1, T11, TP2,      None.........       202       243  1 L...............  30 L..............  C.........  40, 125
              toxic,                                                8.        TP13.
              corrosive,
              flammable,
              n.o.s.

                                                                                          * * * * * * *
G..........  Corrosive,              8  UN 3264...........  I....  8.......  A6, B10, T14, TP2,  None.........       201       243  0.5 L.............  2.5 L.............  B.........  40
              liquid,                                                         TP27.
              acidic,
              inorganic,
              n.o.s.
                                                            II...  8.......  B2, IB2, T11, TP2,  154..........       202       242  1 L...............  30 L..............  B.........  40
                                                                              TP27.
                                                            III..  8.......  IB3, T7, TP1, TP28  154..........       203       241  5 L...............  60 L..............  A.........  40


[[Page 2235]]


                                                                                          * * * * * * *
G..........  Dyes, liquid,           8  UN 2801...........  I....  8.......  11, A6, B10, T14,   None.........       201       243  0.5 L.............  2.5 L.............  A.........
              corrosive,                                                      TP2, TP27.
              n.o.s. or Dye
              intermediates,
              liquid,
              corrosive,
              n.o.s.
                                                            II...  8.......  11, B2, IB2, T11,   154..........       202       242  1 L...............  30 L..............  A.........
                                                                              TP2, TP27.
                                                            III..  8.......  11, IB3, T7, TP1,   154..........       203       241  5 L...............  60 L..............  A.........
                                                                              TP28.

                                                                                          * * * * * * *
             Diethylzinc....       4.2  UN1366............  I....  4.2, 4.3  173, B11, T21,      None.........       181       244  Forbidden.........  Forbidden.........  D.........  18
                                                                              TP2, TP7.

                                                                                          * * * * * * *
             Dimethylzinc...       4.2  UN1370............  I....  4.2, 4.3  173, B11, B16,      None.........       181       244  Forbidden.........  Forbidden.........  D.........  18
                                                                              T21, TP2, TP7.

                                                                                          * * * * * * *
             Fuel cell               3  UN3473............  II...  3.......  ..................  150..........       230      None  5 L...............  60 L..............  A.........
              cartridges
              containing
              flammable
              liquids.

                                                                                          * * * * * * *
             Hydrogen in a         2.1  UN3468............  .....  2.1.....  167...............  None.........       214      None  Forbidden.........  100 kg gross......  D.........
              metal hydride
              storage system.

                                                                                          * * * * * * *
             Hypochlorite            8  UN1791............  II...  8.......  A7, B2, B15, IB2,   154..........       202       242  1 L...............  30 L..............  B.........  26
              solutions.                                                      IP5, N34, T7,
                                                                              TP2, TP24.

                                                                                          * * * * * * *
             Lithium alkyls,       4.2  UN2445............  I....  4.2, 4.3  173, B11, T21,      None.........       181       244  Forbidden.........  Forbidden.........  D.........
              liquid.                                                         TP2, TP7.
             Lithium alkyls,       4.2  UN3433............  I....  4.2, 4.3  173, B11, T21,      None.........       181       244  Forbidden.........  Forbidden.........  D.........
              solid.                                                          TP7, TP33.

                                                                                          * * * * * * *
             Magnesium             4.2  UN3053............  I....  4.2, 4.3  B11, T21, TP2, TP7  None.........       181       244  Forbidden.........  Forbidden.........  D.........  18
              alkyls.

                                                                                          * * * * * * *
             Magnesium             4.2  UN2005............  I....  4.2.....  173, T21, TP7,      None.........       187       244  Forbidden.........  Forbidden.........  C.........
              diphenyl.                                                       TP33.

                                                                                          * * * * * * *
             Nitric acid             8  UN2031............  II...  8.......  A6, B2, B47, B53,   None.........       158       242  Forbidden.........  30 L..............  D.........  44, 66,
              other than red                                                  IB2, T8, TP2,                                                                                              89, 90,
              fuming, with                                                    TP12.                                                                                                      110,
              not more than                                                                                                                                                              111
              70 percent
              nitric acid.

                                                                                          * * * * * * *
             2,5-
              Norbornadiene,
              stabilized,
              see Bicyclo
              2,2,1 hepta-
              2,5-diene,
              stabilized.

                                                                                          * * * * * * *
             Pentaerythrite        4.1  UN3344............  II...  4.1.....  118, N85..........  None.........       214      None  Forbidden.........  Forbidden.........  E.........
              tetranitrate
              mixture,
              desensitized,
              solid, n.o.s.
              with more than
              10 percent but
              not more than
              20 percent
              PETN, by mass.


[[Page 2236]]


                                                                                          * * * * * * *
             Receptacles,          2.2  UN2037............  .....  2.2, 5.1  A14...............  306..........       304      None  1 kg..............  15 kg.............  B.........  40
              small,
              containing
              agas (gas
              cartridges)
              non-flammable,
              without
              release
              device, not
              refillable and
              not exceeding
              1 L capacity.
             Receptacles,          2.1  UN2037............  .....  2.1.....  ..................  306..........       304      None  1 kg..............  15 kg.............  B.........  40
              small,
              containing gas
              (gas
              cartridges)
              flammable,
              without
              release
              device, not
              refillable and
              not exceeding
              1 L capacity.
             Receptacles,          2.2  UN 2037...........  .....  2.2.....  ..................  306..........       304      None  1 kg..............  15 kg.............  B.........  40
              small,
              containing gas
              (gas
              cartridges)
              non-flammable,
              without
              release
              device, not
              refillable and
              not exceeding
              1 L capacity.

                                                                                          * * * * * * *
             Regulated             6.2  UN 3291...........  II...  6.2.....  A13...............  134..........       197       197  No limit..........  No limit..........  B.........  40
              medical waste,
              n.o.s. or
              Clinical
              waste,
              unspecified,
              n.o.s. or
              (BIO) Medical
              waste, n.o.s.

                                                                                          * * * * * * *
G..........  Self-heating,         4.2  UN 3126...........  II...  4.2, 8..  IB5, IP2, T3, TP33  None.........       212       242  15 kg.............  50 kg.............  C.........
              solid,
              corrosive,
              organic, n.o.s.
                                                            III..  4.2, 8..  IB8, IP3, T1, TP33  None.........       213       242  25 kg.............  100 kg............  C.........

                                                                                          * * * * * * *
G..........  Self-heating,         4.2  UN 3088...........  II...  4.2.....  IB6, IP2, T3, TP33  None.........       212       241  15 kg.............  50 kg.............  C.........
              solid,
              organic, n.o.s.
                                                            III..  4.2.....  IB8, IP3, T1, TP33  None.........       213       241  25 kg.............  100 kg............  C.........
G..........  Self-heating,         4.2  UN 3127...........  .....  4.2, 5.1  ..................  None.........       214       214  Forbidden.........  Forbidden.........
              solid,
              oxidizing,
              n.o.s.

                                                                                          * * * * * * *
G..........  Self-heating,         4.2  UN 3128...........  II...  4.2, 6.1  IB5, IP2, T3, TP33  None.........       212       242  15 kg.............  50 kg.............  C.........
              solid, toxic,
              organic, n.o.s.
                                                            III..  4.2, 6.1  IB8, IP3, T1, TP33  None.........       213       242  25 kg.............  100 kg............  C.........

                                                                                          * * * * * * *
             Trinitrophenol,       4.1  UN1344............  I....  4.1.....  23, A8, A19, N41..  None.........       211      None  1 kg..............  15 kg.............  E.........  28, 36
              wetted with
              not less than
              30 percent
              water, by mass.

                                                                                          * * * * * * *
             Trinitrotoluene       4.1  UN1356............  I....  4.1.....  23, A2, A8, A19,    None.........       211      None  0.5 kg............  0.5 kg............  E.........  28
              , wetted with                                                   N41.
              not less than
              30 percent
              water, by mass.

                                                                                          * * * * * * *
             Xenon..........       2.2  UN2036............  2.2..  ........  ..................  306..........       302      None  75 kg.............  150 kg............  A.........


[[Page 2237]]


                                                                                          * * * * * * *
             [Add]..........

                                                                                          * * * * * * *
G..........  Amine,                  3  UN2733............  I....  3, 8....  T14, TP1, TP27....  None.........       201       243  0.5 L.............  2.5 L.............  D.........  40, 52
              flammable,
              corrosive,
              n.o.s. or
              Polyamines,
              flammable,
              corrosive,
              n.o.s.
                                                            II...  3, 8....  IB2, T11, TP1,      150..........       202       243  1 L...............  5 L...............  B.........  40, 52
                                                                              TP27.
                                                            III..  3, 8....  B1, IB3, T7, TP1,   150..........       203       242  5 L...............  60 L..............  A.........  40, 52
                                                                              TP28.
G..........  Amine, liquid,          8  UN2734............  I....  8, 3....  A3, A6, N34, T14,   None.........       201       243  0.5 L.............  2.5 L.............  A.........  52
              corrosive,                                                      TP2, TP27.
              flammable,
              n.o.s. or
              Polyamines,
              liquid,
              corrosive,
              flammable,
              n.o.s.
                                                            II...  8, 3....  IB2, T11, TP2,      None.........       202       243  1 L...............  30 L..............  A.........  52
                                                                              TP27.

                                                                                          * * * * * * *
             Batteries, dry,  ........  ..................  .....  ........  130...............
              sealed, n.o.s..

                                                                                          * * * * * * *
             Cartridges,
              sporting, see
              Cartridges for
              weapons, inert
              projectile, or
              Cartridges,
              small arms.

                                                                                          * * * * * * *
+..........  Chloronitrobenz       6.1  UN3409............  II...  6.1.....  IB2, T7, TP2......  153..........       202       243  5 L...............  60 L..............  A.........
              enes, liquid.
+..........  Chloronitrobenz       6.1  UN1578............  II...  6.1.....  IB8, IP2, IP4, T3,  153..........       212       242  25 kg.............  100 kg............  A.........
              enes, solid.                                                    TP33.

                                                                                          * * * * * * *
             Chlorosilanes,          8  UN2986............  II...  8, 3....  T14, TP2, TP7,      None.........       206       243  1 L...............  30 L..............  C.........  40
              corrosive,                                                      TP13, TP27.
              flammable,
              n.o.s.

                                                                                          * * * * * * *
             Chlorosilanes,        6.1  UN3362............  II...  6.1, 3,   T14, TP2, TP7,      None.........       206       243  1 L...............  30 L..............  C.........  40, 125
              toxic,                                                8.        TP13, TP27.
              corrosive,
              flammable,
              n.o.s.
             Chlorosilanes,        6.1  UN3361............  II...  6.1, 8..  T14, TP2, TP7,      None.........       206       243  1 L...............  30 L..............  C.........  40
              toxic,                                                          TP13, TP27.
              corrosive,
              n.o.s.

                                                                                          * * * * * * *
G..........  Corrosive               8  UN 3264...........  I....  8.......  A6, B10, T14, TP2,  None.........       201       243  0.5 L.............  2.5 L.............  B.........  40
              liquid,                                                         TP27.
              acidic,
              inorganic,
              n.o.s.
                                                            II...  8.......  B2, IB2, T11, TP2,  154..........       202       242  1 L...............  30 L..............  B.........  40
                                                                              TP27.
                                                            III..  8.......  IB3, T7, TP1, TP28  154..........       203       241  5 L...............  60 L..............  A.........  40

                                                                                          * * * * * * *
G..........  Dyes, liquid,           8  UN 2801...........  I....  8.......  11, A6, B10, T14,   None.........       201       243  0.5 L.............  2.5 L.............  A.........
              corrosive,                                                      TP2, TP27.
              n.o.s. or Dye
              intermediates,
              liquid,
              corrosive,
              n.o.s.
                                                            II...  8.......  11, B2, IB2, T11,   154..........       202       242  1 L...............  30 L..............  A.........
                                                                              TP2, TP27.
                                                            III..  8.......  11, IB3, T7, TP1,   154..........       203       241  5 L...............  60 L..............  A.........
                                                                              TP28.

                                                                                          * * * * * * *
             Fuel cell               8  UN3477............  .....  8.......  ..................  230..........       230       230  5 kg..............  50 kg.............  A.........
              cartridges or
              Fuel cell
              cartridges
              contained in
              equipment or
              Fuel cell
              cartridges
              packed with
              equipment,
              containing
              corrosive
              substances.

[[Page 2238]]


             Fuel cell               3  UN3473............  .....  3.......  ..................  230..........       230       230  5 kg..............  50 kg.............  A.........
              cartridges or
              Fuel cell
              cartridges
              contained in
              equipment or
              Fuel cell
              cartridges
              packed with
              equipment,
              containing
              flammable
              liquids.
             Fuel cell             2.1  UN3479............  .....  2.1.....  ..................  230..........       230       230  1 kg..............  15 kg.............  B.........
              cartridges or
              Fuel cell
              cartridges
              contained in
              equipment or
              Fuel cell
              cartridges
              packed with
              equipment,
              containing
              hydrogen in
              metal hydride.
             Fuel cell             2.1  UN3478............  .....  2.1.....  ..................  230..........       230       230  1 kg..............  15 kg.............  B.........
              cartridges or
              Fuel cell
              cartridges
              contained in
              equipment or
              Fuel cell
              cartridges
              packed with
              equipment,
              containing
              liquefied
              flammable gas.
             Fuel cell             4.3  UN3476............  .....  4.3.....  ..................  230..........       230       230  5 kg..............  50 kg.............  A.........
              cartridges or
              Fuel cell
              cartridges
              contained in
              equipment or
              Fuel cell
              cartridges
              packed with
              equipment,
              containing
              water-reactive
              substances.

                                                                                          * * * * * * *
             Hydrogen in a         2.1  UN3468............  .....  2.1.....  167...............  None.........       214      None  Forbidden.........  100 kg gross......  D.........
              metal hydride
              storage system
              or Hydrogen in
              a metal
              hydride
              storage system
              contained in
              equipment or
              Hydrogen in a
              metal hydride
              storage system
              packed with
              equipment.

                                                                                          * * * * * * *
             1-                   1.3C  UN0508............  .....  1.3C....  ..................  None.........        62      None  Forbidden.........  Forbidden.........  10........
              Hydroxybenzotr
              iazole,
              anhydrous, dry
              or wetted with
              less than 20
              percent water,
              by mass.
             1-                    4.1  UN3474............  I....  4.1.....  162, N90..........  None.........       211      None  0.5 kg............  0.5 kg............  D.........  28, 36
              Hydroxybenzotr
              iazole,
              anhydrous,
              wetted with
              not less than
              20 percent
              water, by mass.

                                                                                          * * * * * * *
             Hypochlorite            8  UN1791............  II...  8.......  A7, B2, B15, IB2,   154..........       202       242  1 L...............  30 L..............  B.........  26
              solutions.                                                      IP5, N34, T7,
                                                                              TP2, TP24.
                                                            III..  8.......  IB3, N34, T4, TP2,  154..........       203       241  5 L...............  60 L..............  B.........  26
                                                                              TP24.

                                                                                          * * * * * * *
             Nitric acid             8  UN2031............  II...  8, 5.1..  A6, B2, B47, B53,   None.........       158       242  Forbidden.........  30 L..............  D.........  66, 74,
              other than red                                                  IB2, IP15, T8,                                                                                             89, 90
              fuming, with                                                    TP2.
              at least 65
              percent, but
              not more than
              70 percent
              nitric acid.
             Nitric acid,            8  UN2031............  II...  8.......  A6, B2, B47, B53,   None.........       158       242  Forbidden.........  30 L..............  D.........  44, 66,
              other than red                                                  IB2, IP15, T8,                                                                                             74, 89,
              fuming, with                                                    TP2.                                                                                                       90
              less than 65
              percent nitric
              acid.

[[Page 2239]]



                                                                                          * * * * * * *
             2,5-
              Norbornadiene,
              stabilized,
              see Bicyclo
              [2,2,1] hepta-
              2,5-diene,
              stabilized.

                                                                                          * * * * * * *
             Pentaerythrite        4.1  UN3344............  II...  4.1.....  118, N85..........  None.........       214      None  Forbidden.........  Forbidden.........  E.........
              tetranitrate
              mixture,
              desensitized,
              solid, n.o.s.
              or
              Pentaerythrito
              l tetranitrate
              mixture,
              desensitized,
              solid, n.o.s.
              or PETN
              mixture,
              desensitized,
              solid, n.o.s.,
              with more than
              10 percent but
              not more than
              20 percent
              PETN, by mass.

                                                                                          * * * * * * *
D..........  Powder,              1.4C  UN0509............  .....  1.4C....  ..................  None.........        62      None  Forbidden.........  Forbidden.........  06........
              smokeless.

                                                                                          * * * * * * *
             Receptacles,          2.1  UN 2037...........  .....  2.1.....  ..................  306..........       304      None  1 kg..............  15 kg.............  B.........  40
              small,
              containing gas
              or gas
              cartridges
              (flammable)
              without
              release
              device, not
              refillable and
              not exceeding
              1 L capacity.
             Receptacles,          2.2  UN 2037...........  .....  2.2.....  ..................  306..........       304      None  1 kg..............  15 kg.............  B.........  40
              small,
              containing gas
              or gas
              cartridges
              (non-
              flammable)
              without
              release
              device, not
              refillable and
              not exceeding
              1 L capacity.
             Receptacles,          2.2  UN 2037...........  .....  2.2, 5.1  A14...............  306..........       304      None  1 kg..............  15 kg.............  B.........  40
              small,
              containing gas
              or gas
              cartridges
              (oxidizing)
              without
              release
              device, not
              refillable and
              not exceeding
              1 L capacity.

                                                                                          * * * * * * *
             Regulated             6.2  UN 3291...........  II...  6.2.....  A13...............  134..........       197       197  No limit..........  No limit..........  B.........  40
              medical waste,
              n.o.s. or
              Clinical
              waste,
              unspecified,
              n.o.s. or
              (BIO)Medical
              waste, n.o.s.,
              or Biomedical
              waste, n.o.s.
              or Medical
              waste, n.o.s.

                                                                                          * * * * * * *
G..........  Self-heating          4.2  UN 3126...........  II...  4.2, 8..  IB5, IP2, T3, TP33  None.........       212       242  15 kg.............  50 kg.............  C.........
              solid,
              corrosive,
              organic, n.o.s.
                                                            III..  4.2, 8..  IB8, IP3, T1, TP33  None.........       213       242  25 kg.............  100 kg............  C.........

                                                                                          * * * * * * *
G..........  Self-heating          4.2  UN 3088...........  II...  4.2.....  IB6, IP2, T3, TP33  None.........       212       241  15 kg.............  50 kg.............  C.........
              solid,
              organic,
              n.o.s..
                                                            III..  4.2.....  IB8, IP3, T1, TP33  None.........       213       241  25 kg.............  100 kg............  C.........
G..........  Self-heating          4.2  UN 3127...........  .....  4.2, 5.1  ..................  None.........       214       214  Forbidden.........  Forbidden.........
              solid,
              oxidizing,
              n.o.s..

                                                                                          * * * * * * *
G..........  Self-heating          4.2  UN 3128...........  II...  4.2, 6.1  IB5, IP2, T3, TP33  None.........       212       242  15 kg.............  50 kg.............  C.........
              solid, toxic,
              organic, n.o.s.
                                                            III..  4.2, 6.1  IB8, IP3, T1, TP33  None.........       213       242  25 kg.............  100 kg............  C.........

                                                                                          * * * * * * *
             Signals,             1.4G  UN0505............  .....  1.4G....  ..................  None.........        62      None  Forbidden.........  75 kg.............  06........
              distress, ship.
             Signals,             1.4S  UN0506............  .....  1.4S....  ..................  None.........        62      None  25 kg.............  100 kg............  05........
              distress, ship.


[[Page 2240]]


                                                                                          * * * * * * *
             Signals, smoke.      1.4S  UN0507............  .....  1.4S....  ..................  None.........        62      None  25 kg.............  100 kg............  05........

                                                                                          * * * * * * *
             Trinitrophenol,       4.1  UN1344............  I....  4.1.....  23, A8, A19, N41..  None.........       211      None  1 kg..............  15 kg.............  E.........  28, 36
              wetted or
              Picric acid,
              wetted, with
              not less than
              30 percent
              water by mass.

                                                                                          * * * * * * *
             Trinitrotoluene       4.1  UN1356............  I....  4.1.....  23, A2, A8, A19,    None.........       211      None  0.5 kg............  0.5 kg............  E.........  28, 36
              , wetted or                                                     N41.
              TNT, wetted,
              with not less
              than 30
              percent water
              by mass.

                                                                                          * * * * * * *
             Xenon,                2.2  UN2036............  .....  2.2.....  ..................  306, 307.....       302      None  75 kg.............  150 kg............  A.........
              compressed.

                                                                                          * * * * * * *
             [Revise].......

                                                                                          * * * * * * *
             Allyltrichloros         8  UN1724............  II...  8, 3....  A7, B2, B6, N34,    None.........       206       243  Forbidden.........  30 L..............  C.........  40
              ilane,                                                          T10, TP2, TP7,
              stabilized.                                                     TP13.

                                                                                          * * * * * * *
             Amyltrichlorosi         8  UN1728............  II...  8.......  A7, B2, B6, N34,    None.........       206       242  Forbidden.........  30 L..............  C.........  40
              lane.                                                           T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             Argon,                2.2  UN1006............  .....  2.2.....  ..................  306, 307.....       302  314, 315  75 kg.............  150 kg............  A.........
              compressed.

                                                                                          * * * * * * *
             Batteries, dry,         8  UN3028............  III..  8.......  237...............  None.........       213      None  25 kg gross.......  230 kg gross......  A.........  52
              containing
              potassium
              hydroxide
              solid,
              electric,
              storage.
             Batteries, wet,         8  UN2794............  III..  8.......  ..................  159..........       159       159  30 kg gross.......  No limit..........  A.........  146
              filled with
              acid, electric
              storage.
             Batteries, wet,         8  UN2795............  III..  8.......  ..................  159..........       159       159  30 kg gross.......  No limit..........  A.........  52, 146
              filled with
              alkali,
              electric
              storage.
             Batteries, wet,         8  UN2800............  III..  8.......  ..................  159a.........       159       159  No limit..........  No limit..........  A.........
              non-spillable,
              electric
              storage.

                                                                                          * * * * * * *

             Boron                 2.3  UN1008............  .....  2.3, 8..  2, B9, B14........  None.........       302  314, 315  Forbidden.........  Forbidden.........  D.........  40
              trifluoride.

                                                                                          * * * * * * *
             Butyltrichloros         8  UN1747............  II...  8, 3....  A7, B2, B6, N34,    None.........       206       243  Forbidden.........  30 L..............  C.........  40
              ilane.                                                          T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             1,4-Butynediol.       6.1  UN2716............  III..  6.1.....  A1, IB8, IP3, T1,   None.........       213       240  100 kg............  200 kg............  C.........  52, 53,
                                                                              TP33.                                                                                                      70


[[Page 2241]]


                                                                                          * * * * * * *
             Calcium               4.3  UN2844............  III..  4.3.....  A1, A19, IB8, IP4,  151..........       213       241  25 kg.............  100 kg............  A.........  52, 85,
              manganese                                                       T1, TP33.                                                                                                  103
              silicon.

                                                                                          * * * * * * *
             Chlorine.......       2.3  UN1017............  .....  2.3,      2, B9, B14, N86,    None.........       304  314, 315  Forbidden.........  Forbidden.........  D.........  40, 51,
                                                                    5.1, 8.   T50, TP19.                                                                                                 55, 62,
                                                                                                                                                                                         68, 89,
                                                                                                                                                                                         90

                                                                                          * * * * * * *
             Chloroacetic          6.1  UN1751............  II...  6.1, 8..  A3, A7, IB8, IP2,   153..........       212       242  15 kg.............  50 kg.............  C.........  40
              acid, solid.                                                    IP4, N34, T3,
                                                                              TP33.

                                                                                          * * * * * * *
             Chlorophenyltri         8  UN1753............  II...  8.......  A7, B2, B6, N34,    None.........       206       242  Forbidden.........  30 L..............  C.........  40
              chlorosilane.                                                   T10, TP2, TP7.

                                                                                          * * * * * * *
             Chlorosilanes,          8  UN2987............  II...  8.......  B2, T14, TP2, TP7,  None.........       206       242  1 L...............  30 L..............  C.........  40
              corrosive,                                                      TP13, TP27.
              n.o.s..
             Chlorosilanes,          3  UN2985............  II...  3, 8....  T14, TP2, TP7,      None.........       206       243  1 L...............  5 L...............  B.........  40
              flammable,                                                      TP13, TP27.
              corrosive,
              n.o.s.

                                                                                          * * * * * * *
             Chlorosilanes,        4.3  UN2988............  I....  4.3, 3,   A2, T14, TP2, TP7,  None.........       201       244  Forbidden.........  1 L...............  D.........  21, 28,
              water-                                                8.        TP13.                                                                                                      40, 49,
              reactive,                                                                                                                                                                  100
              flammable,
              corrosive,
              n.o.s.

                                                                                          * * * * * * *
             Chromium              5.1  UN1463............  II...  5.1,      IB8, IP2, IP4, T3,  None.........       212       242  5 kg..............  25 kg.............  A.........  66, 90
              trioxide,                                             6.1, 8.   TP33.
              anhydrous.

                                                                                          * * * * * * *
             Cyclohexenyltri         8  UN1762............  II...  8.......  A7, B2, N34, T10,   None.........       206       242  Forbidden.........  30 L..............  C.........  40
              chlorosilane.                                                   TP2, TP7, TP13.

                                                                                          * * * * * * *
             Cyclohexyltrich         8  UN1763............  II...  8.......  A7, B2, N34, T10,   None.........       206       242  Forbidden.........  30 L..............  C.........  40
              lorosilane.                                                     TP2, TP7, TP13.

                                                                                          * * * * * * *
             Dibenzyldichlor         8  UN2434............  II...  8.......  B2, T10, TP2, TP7,  154..........       206       242  1 L...............  30 L..............  C.........  40
              osilane.                                                        TP13.

                                                                                          * * * * * * *
             Dichloroisocyan       5.1  UN2465............  II...  5.1.....  28, IB8, IP2, IP4,  152..........       212       240  5 kg..............  25 kg.............  A.........  13
              uric acid, dry                                                  T3, TP33.
              or
              Dichloroisocya
              nuric acid
              salts.

                                                                                          * * * * * * *
             Dichlorophenylt         8  UN1766............  II...  8.......  A7, B2, B6, N34,    None.........       206       242  Forbidden.........  30 L..............  C.........  40
              richlorosilane.                                                 T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             Diethyldichloro         8  UN1767............  II...  8, 3....  A7, B6, N34, T10,   None.........       206       243  Forbidden.........  30 L..............  C.........  40
              silane.                                                         TP2, TP7, TP13.

[[Page 2242]]



                                                                                          * * * * * * *
             Dimethyldichlor         3  UN1162............  II...  3, 8....  B77, T10, TP2,      None.........       206       243  Forbidden.........  Forbidden.........  B.........  40
              osilane.                                                        TP7, TP13.

                                                                                          * * * * * * *
             Diphenyldichlor         8  UN1769............  II...  8.......  A7, B2, N34, T10,   None.........       206       242  Forbidden.........  30 L..............  C.........  40
              osilane.                                                        TP2, TP7, TP13.

                                                                                          * * * * * * *
             Dodecyltrichlor         8  UN1771............  II...  8.......  A7, B2, B6, N34,    None.........       206       242  Forbidden.........  30 L..............  C.........  40
              osilane.                                                        T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
G..........  Environmentally         9  UN3082............  III..  9.......  8, 146, 335, IB3,   155..........       203       241  No limit..........  No limit..........  A.........
              hazardous                                                       T4, TP1, TP29.
              substance,
              liquid, n.o.s.
G..........  Environmentally         9  UN3077............  III..  9.......  8, 146, 335, B54,   155..........       213       240  No limit..........  No limit..........  A.........
              hazardous                                                       IB8, IP3, N20,
              substance,                                                      T1, TP33.
              solid, n.o.s.

                                                                                          * * * * * * *
             Ethyldichlorosi       4.3  UN1183............  I....  4.3, 8,   A2, A3, A7, N34,    None.........       201       244  Forbidden.........  1 L...............  D.........  21, 28,
              lane.                                                 3.        T14, TP2, TP7,                                                                                             40, 49,
                                                                              TP13.                                                                                                      100

                                                                                          * * * * * * *
             Ethylphenyldich         8  UN2435............  II...  8.......  A7, B2, N34, T10,   None.........       206       242  Forbidden.........  30 L..............  C.........
              lorosilane.                                                     TP2, TP7, TP13.

                                                                                          * * * * * * *
             Ethyltrichloros         3  UN1196............  II...  3, 8....  A7, N34, T10, TP2,  None.........       206       243  1 L...............  5 L...............  B.........  40
              ilane.                                                          TP7, TP13.

                                                                                          * * * * * * *
D..........  Gasohol                 3  NA1203............  II...  3.......  144, 177..........  150..........       202       242  5 L...............  60 L..............  E.........
              gasoline mixed
              with ethyl
              alcohol, with
              not more than
              10% alcohol.
             Gasoline                3  UN1203............  II...  3.......  144, 177, B1, B33,  150..........       202       242  5 L...............  60 L..............  E.........
              includes                                                        IB2, T8.
              gasoline mixed
              with ethyl
              alcohol, with
              not more than
              10% alcohol.

                                                                                          * * * * * * *
             Helium,               2.2  UN1046............  .....  2.2.....  ..................  306, 307.....       302  302, 314  75 kg.............  150 kg............  A.........
              compressed.

                                                                                          * * * * * * *
             Hexadecyltrichl         8  UN1781............  II...  8.......  A7, B2, B6, N34,    None.........       206       242  Forbidden.........  30 L..............  C.........  40
              orosilane.                                                      T10, TP2, TP7,
                                                                              TP13.


[[Page 2243]]


                                                                                          * * * * * * *
             Hexyltrichloros         8  UN1784............  II...  8.......  A7, B2, B6, N34,    None.........       206       242  Forbidden.........  30 L..............  C.........  40
              ilane.                                                          T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             Hydrogen              2.3  UN2197............  .....  2.3, 8..  3, B14, N86, N89..  None.........       304  314, 315  Forbidden.........  Forbidden.........  D.........  40
              iodide,
              anhydrous.

                                                                                          * * * * * * *
             Krypton,              2.2  UN1056............  .....  2.2.....  ..................  306, 307.....       302      None  75 kg.............  150 kg............  A.........
              compressed.

                                                                                          * * * * * * *
             Magnesium             5.1  UN1473............  II...  5.1.....  A1, IB8, IP2, IP4,  152..........       212       242  5 kg..............  25 kg.............  A.........  56, 58
              bromate.                                                        T3, TP33.

                                                                                          * * * * * * *
             Magnesium             5.1  UN1474............  III..  5.1.....  332, A1, IB8, IP3,  152..........       213       240  25 kg.............  100 kg............  A.........
              nitrate.                                                        T1, TP33.

                                                                                          * * * * * * *
             Medicine,               3  UN3248............  II...  3, 6.1..  IB2...............  150..........       202      None  1 L...............  5 L...............  B.........  40
              liquid,
              flammable,
              toxic, n.o.s..
                                                            III..  3, 6.1..  IB3...............  150..........       203      None  5 L...............  5 L...............  A.........
             Medicine,             6.1  UN1851............  II...  6.1.....  ..................  153..........       202       243  5 L...............  5 L...............  C.........  40
              liquid, toxic,
              n.o.s..
                                                            III..  6.1.....  ..................  153..........       203       241  5 L...............  5 L...............  C.........  40
             Medicine,             6.1  UN3249............  II...  6.1.....  T3, TP33..........  153..........       212      None  5 kg..............  5 kg..............  C.........  40
              solid, toxic,
              n.o.s..
                                                            III..  6.1.....  T1, TP33..........  153..........       213      None  5 kg..............  5 kg..............  C.........  40

                                                                                          * * * * * * *
             Methyl                6.1  UN1239............  I....  6.1, 3..  1, B9, B14, B30,    None.........       226       244  Forbidden.........  Forbidden.........  D.........  40
              Chloromethyl                                                    B72, T22, TP2,
              Ether.                                                          TP13, TP38, TP44.

                                                                                          * * * * * * *
             Methyldichloros       4.3  UN1242............  I....  4.3, 8,   A2, A3, A7, B6,     None.........       201       243  Forbidden.........  1 L...............  D.........  21, 28,
              ilane.                                                3.        B77, N34, T14,                                                                                             40, 49,
                                                                              TP2, TP7, TP13.                                                                                            100

                                                                                          * * * * * * *
             Methylphenyldic         8  UN2437............  II...  8.......  T10, TP2, TP7,      None.........       206       242  1 L...............  30 L..............  C.........  40
              hlorosilane.                                                    TP13.

                                                                                          * * * * * * *
             Methyltrichloro         3  UN1250............  II...  3, 8....  A7, B6, B77, N34,   None.........       206       243  1 L...............  5 L...............  B.........  40
              silane.                                                         T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             Neon,                 2.2  UN1065............  .....  2.2.....  ..................  306, 307.....       302      None  75 kg.............  150 kg............  A.........
              compressed.

                                                                                          * * * * * * *
             Nitrites,             5.1  UN2627............  II...  5.1.....  33, IB8, IP2, IP4,  152..........       212      None  5 kg..............  25 kg.............  A.........  46, 56,
              inorganic,                                                      T3, TP33.                                                                                                  58, 133
              n.o.s..

                                                                                          * * * * * * *
             Nitrocellulose,       4.1  UN2557............  II...  4.1.....  44................  151..........       212      None  1 kg..............  15 kg.............  D.........  28, 36
              with not more
              than 12.6
              percent, by
              dry mass
              mixture with
              or without
              plasticizer,
              with or
              without
              pigment.


[[Page 2244]]


                                                                                          * * * * * * *
             Nitrocellulose,         3  UN2059............  I....  3.......  198, T11, TP1,      None.........       201       243  1 L...............  30 L..............  E.........
              solution,                                                       TP8, TP27.
              flammable with
              not more than
              12.6 percent
              nitrogen, by
              mass, and not
              more than 55
              percent
              nitrocellulose.
                                                            II...  3.......  198, IB2, T4, TP1,  150..........       202       242  5 L...............  60 L..............  B.........
                                                                              TP8.
                                                            III..  3.......  198, B1, IB3, T2,   150..........       203       242  60 L..............  220 L.............  A.........
                                                                              TP1.

                                                                                          * * * * * * *
             Nitrocellulose        4.1  UN2556............  II...  4.1.....  ..................  151..........       212      None  1 kg..............  15 kg.............  D.........  28, 36
              with alcohol
              with not less
              than 25
              percent
              alcohol by
              mass, and with
              not more than
              12.6 percent
              nitrogen, by
              dry mass.
             Nitrocellulose        4.1  UN2555............  II...  4.1.....  ..................  151..........       212      None  15 kg.............  50 kg.............  E.........  28, 36
              with water
              with not less
              than 25
              percent water
              by mass.

                                                                                          * * * * * * *
             Nitroguanidine,       4.1  UN1336............  I....  4.1.....  23, A8, A19, A20,   None.........       211      None  1 kg..............  15 kg.............  E.........  28, 36
              wetted or                                                       N41.
              Picrite,
              wetted with
              not less than
              20 percent
              water, by mass.

                                                                                          * * * * * * *
             4-                    4.1  UN3376............  I....  4.1.....  162, A8, A19, A20,  None.........       211      None  Forbidden.........  15 kg.............  E.........  28, 36
              Nitrophenylhyd                                                  N41.
              razine, with
              not less than
              30 percent
              water, by mass.

                                                                                          * * * * * * *
             Nitrostarch,          4.1  UN1337............  I....  4.1.....  23, A8, A19, A20,   None.........       211      None  1 kg..............  15 kg.............  D.........  28, 36
              wetted with                                                     N41.
              not less than
              20 percent
              water, by mass.

                                                                                          * * * * * * *
             Nonyltrichloros         8  UN1799............  II...  8.......  A7, B2, B6, N34,    None.........       206       242  Forbidden.........  30 L..............  C.........  40
              ilane.                                                          T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             Octadecyltrichl         8  UN1800............  II...  8.......  A7, B2, B6, N34,    None.........       206       242  Forbidden.........  30 L..............  C.........  40
              orosilane.                                                      T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             Octyltrichloros         8  UN1801............  II...  8.......  A7, B2, B6, N34,    None.........       206       242  Forbidden.........  30 L..............  C.........  40
              ilane.                                                          T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
G..........  Organometallic        4.3  UN3399............  I....  4.3, 3..  T13, TP2, TP7.....  None.........       201       244  Forbidden.........  1 L...............  D.........  40, 52
              substance,
              liquid, water-
              reactive,
              flammable.
                                                            II...  4.3, 3..  IB1, IP2, T7, TP2,  None.........       202       243  1 L...............  5 L...............  D.........  40, 52
                                                                              TP7.
                                                            III..  4.3, 3..  IB2, IP4, T7, TP2,  None.........       203       242  5 L...............  60 L..............  E.........  40, 52
                                                                              TP7.

[[Page 2245]]



                                                                                          * * * * * * *
G..........  Organometallic        4.3  UN3395............  I....  4.3.....  N40, T9, TP7, TP33  None.........       211       242  Forbidden.........  Forbidden.........  E.........  40, 52
              substance,
              solid, water-
              reactive.

                                                                                          * * * * * * *
G..........  Oxidizing             5.1  UN3098............  I....  5.1, 8..  62, A6............  None.........       201       244  Forbidden.........  2.5 L.............  D.........  13, 56,
              liquid,                                                                                                                                                                    58,
              corrosive,                                                                                                                                                                 106,
              n.o.s..                                                                                                                                                                    138
                                                            II...  5.1, 8..  62, IB1...........  None.........       202       243  1 L...............  5 L...............  B.........  13, 34,
                                                                                                                                                                                         56, 58,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
                                                            III..  5.1, 8..  62, IB2...........  152..........       203       242  2.5 L.............  30 L..............  B.........  13, 34,
                                                                                                                                                                                         56, 58,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
G..........  Oxidizing             5.1  UN3139............  I....  5.1.....  62, 127, A2, A6...  None.........       201       243  Forbidden.........  2.5 L.............  D.........  56, 58,
              liquid, n.o.s..                                                                                                                                                            106,
                                                                                                                                                                                         138
                                                            II...  5.1.....  62, 127, A2, IB2..  152..........       202       242  1 L...............  5 L...............  B.........  56, 58,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
                                                            III..  5.1.....  62, 127, A2, IB2..  152..........       203       241  2.5 L.............  30 L..............  B.........  56, 58,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
G..........  Oxidizing             5.1  UN3099............  I....  5.1, 6.1  62, A6............  None.........       201       244  Forbidden.........  2.5 L.............  D.........  56, 58,
              liquid, toxic,                                                                                                                                                             106,
              n.o.s..                                                                                                                                                                    138
                                                            II...  5.1, 6.1  62, IB1...........  152..........       202       243  1 L...............  5 L...............  B.........  56, 58,
                                                                                                                                                                                         95,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
                                                            III..  5.1, 6.1  62, IB2...........  152..........       203       242  2.5 L.............  30 L..............  B.........  56, 58,
                                                                                                                                                                                         95,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
G..........  Oxidizing             5.1  UN3085............  I....  5.1, 8..  62................  None.........       211       242  1 kg..............  15 kg.............  D.........  13, 56,
              solid,                                                                                                                                                                     58,
              corrosive,                                                                                                                                                                 106,
              n.o.s..                                                                                                                                                                    138
                                                            II...  5.1, 8..  62, IB6, IP2, T3,   None.........       212       242  5 kg..............  25 kg.............  B.........  13, 34,
                                                                              TP33.                                                                                                      56, 58,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
                                                            III..  5.1, 8..  62, IB8, IP3, T1,   152..........       213       240  25 kg.............  100 kg............  B.........  13, 34,
                                                                              TP33.                                                                                                      56, 58,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
G..........  Oxidizing             5.1  UN3137............  I....  5.1, 4.1  62................  None.........       214       214  Forbidden.........  Forbidden.........
              solid,
              flammable,
              n.o.s..
G..........  Oxidizing             5.1  UN1479............  I....  5.1.....  62, IB5, IP1......  None.........       211       242  1 kg..............  15 kg.............  D.........  56, 58,
              solid, n.o.s..                                                                                                                                                             106,
                                                                                                                                                                                         138
                                                            II...  5.1.....  62, IB8, IP2, IP4,  152..........       212       240  5 kg..............  25 kg.............  B.........  56, 58,
                                                                              T3, TP33.                                                                                                  106,
                                                                                                                                                                                         138
                                                            III..  5.1.....  62, IB8, IP3, T1,   152..........       213       240  25 kg.............  100 kg............  B.........  56, 58,
                                                                              TP33.                                                                                                      106,
                                                                                                                                                                                         138
G..........  Oxidizing             5.1  UN3100............  I....  5.1, 4.2  62................  None.........       214       214  Forbidden.........  Forbidden.........
              solid, self-
              heating,
              n.o.s..

[[Page 2246]]


                                                            II...  5.1, 4.2  62................  None.........       214       214  Forbidden.........  Forbidden.........
G..........  Oxidizing             5.1  UN3087............  I....  5.1, 6.1  62................  None.........       211       242  1 kg..............  15 kg.............  D.........  56, 58,
              solid, toxic,                                                                                                                                                              106,
              n.o.s..                                                                                                                                                                    138
                                                            II...  5.1, 6.1  62, IB6, IP2, T3,   152..........       212       242  5 kg..............  25 kg.............  B.........  56, 58,
                                                                              TP33.                                                                                                      95,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
                                                            III..  5.1, 6.1  62, IB8, IP3, T1,   152..........       213       240  25 kg.............  100 kg............  B.........  56, 58,
                                                                              TP33.                                                                                                      95,
                                                                                                                                                                                         106,
                                                                                                                                                                                         138
G..........  Oxidizing             5.1  UN3121............  .....  5.1, 4.3  62................  None.........       214       214  Forbidden.........  Forbidden.........
              solid, water-
              reactive,
              n.o.s..

                                                                                          * * * * * * *
             Paint or Paint          8  UN3066............  II...  8.......  B2, IB2, T7, TP2,   154..........       173       242  1 L...............  30 L..............  A.........  40
              related                                                         TP28.
              material.
                                                            III..  8.......  B52, IB3, T4, TP1,  154..........       173       241  5 L...............  60 L..............  A.........  40
                                                                              TP29.

                                                                                          * * * * * * *
             Phenyltrichloro         8  UN1804............  II...  8.......  A7, B6, N34, T10,   None.........       206       242  Forbidden.........  30 L..............  C.........  40
              silane.                                                         TP2, TP7, TP13.

                                                                                          * * * * * * *
             Polychlorinated         9  UN3432............  II...  9.......  9, 81,140, IB8,     155..........       212       240  100 kg............  200 kg............  A.........  95
              biphenyls,                                                      IP2, IP4, T3,
              solid.                                                          TP33.

                                                                                          * * * * * * *
             Potassium             5.1  UN1484............  II...  5.1.....  IB8, IP2, IP4, T3,  152..........       212       242  5 kg..............  25 kg.............  A.........  56, 58
              bromate.                                                        TP33.

                                                                                          * * * * * * *
             Potassium             5.1  UN1485............  II...  5.1.....  A9, IB8, IP2, IP4,  152..........       212       242  5 kg..............  25 kg.............  A.........  56, 58
              chlorate.                                                       N34, T3, TP33.

                                                                                          * * * * * * *
             Potassium             5.1  UN1487............  II...  5.1.....  B78, IB8, IP2,      152..........       212       240  5 kg..............  25 kg.............  A.........  56, 58
              nitrate and                                                     IP4, T3, TP33.
              sodium nitrite
              mixtures.

                                                                                          * * * * * * *
             Potassium             5.1  UN1488............  II...  5.1.....  IB8, IP2, IP4, T3,  152..........       212       242  5 kg..............  25 kg.............  A.........  56, 58
              nitrite.                                                        TP33.

                                                                                          * * * * * * *
             Potassium             5.1  UN1490............  II...  5.1.....  IB8, IP2, IP4, T3,  152..........       212       240  5 kg..............  25 kg.............  D.........  56, 58,
              permanganate.                                                   TP33.                                                                                                      138

                                                                                          * * * * * * *
             Potassium             5.1  UN1492............  III..  5.1.....  A1, A29, IB8, IP3,  152..........       213       240  25 kg.............  100 kg............  A.........  58, 145
              persulfate.                                                     T1, TP33.


[[Page 2247]]


                                                                                          * * * * * * *
             Propyltrichloro         8  UN1816............  II...  8, 3....  A7, B2, B6, N34,    None.........       206       243  Forbidden.........  30 L..............  C.........  40
              silane.                                                         T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             Silicon                 8  UN1818............  II...  8.......  A3, A6, B2, B6,     None.........       202       242  1 L...............  30 L..............  C.........  40
              tetrachloride.                                                  T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             Silver nitrate.       5.1  UN1493............  II...  5.1.....  IB8, IP2, IP4, T3,  152..........       212       242  5 kg..............  25 kg.............  A.........
                                                                              TP33.

                                                                                          * * * * * * *
             Sodium bromate.       5.1  UN1494............  II...  5.1.....  IB8, IP2, IP4, T3,  152..........       212       242  5 kg..............  25 kg.............  A.........  56, 58
                                                                              TP33.

                                                                                          * * * * * * *
             Sodium chlorate       5.1  UN1495............  II...  5.1.....  A9, IB8, IP2, IP4,  152..........       212       240  5 kg..............  25 kg.............  A.........  56, 58
                                                                              N34, T3, TP33.

                                                                                          * * * * * * *
             Sodium                5.1  UN3247............  II...  5.1.....  IB8, IP2, IP4, T3,  152..........       212       240  5 kg..............  25 kg.............  A.........  13, 25
              peroxoborate,                                                   TP33.
              anhydrous.
             Sodium                5.1  UN1505............  III..  5.1.....  A1, IB8, IP3, T1,   152..........       213       240  25 kg.............  100 kg............  A.........  58, 145
              persulfate.                                                     TP33.

                                                                                          * * * * * * *
             Trichloroisocya       5.1  UN2468............  II...  5.1.....  IB8, IP2, IP4, T3,  152..........       212       240  5 kg..............  25 kg.............  A.........  13
              nuric acid,                                                     TP33.
              dry.

                                                                                          * * * * * * *
             Trimethyltrichl         3  UN1298............  II...  3, 8....  A3, A7, B77, N34,   None.........       206       243  1 L...............  5 L...............  E.........  40
              orosilane.                                                      T10, TP2, TP7,
                                                                              TP13.

                                                                                          * * * * * * *
             Vinyltrichloros         3  UN1305............  II...  3, 8....  A3, A7, B6, N34,    None.........       206       243  1 L...............  5 L...............  B.........  40
              ilane,                                                          T10, TP2, TP7,
              stabilized.                                                     TP13.

                                                                                          * * * * * * *
G..........  Water-reactive        4.3  UN3129............  I....  4.3, 8..  T14, TP2, TP7.....  None.........       201       243  Forbidden.........  1 L...............  D.........
              liquid,
              corrosive,
              n.o.s.
                                                            II...  4.3, 8..  IB1, T11, TP2.....  None.........       202       243  1 L...............  5 L...............  E.........  85
                                                            III..  4.3, 8..  IB2, T7, TP1......  None.........       203       242  5 L...............  60 L..............  E.........
G..........  Water-reactive        4.3  UN3148............  I....  4.3.....  T9, TP2, TP7......  None.........       201       244  Forbidden.........  1 L...............  E.........  40
              liquid, n.o.s..
                                                            II...  4.3.....  IB1, T7, TP2......  None.........       202       243  1 L...............  5 L...............  E.........  40
                                                            III..  4.3.....  IB2, T7, TP1......  None.........       203       242  5 L...............  60 L..............  E.........  40

                                                                                          * * * * * * *
G..........  Water-reactive        4.3  UN3131............  I....  4.3, 8..  IB4, IP1, N40, T9,  None.........       211       242  Forbidden.........  15 kg.............  D.........
              solid,                                                          TP7, TP33.
              corrosive,
              n.o.s.
                                                            II...  4.3, 8..  IB6, IP2, T3, TP33  151..........       212       242  15 kg.............  50 kg.............  E.........  85
                                                            III..  4.3, 8..  IB8, IP4, T1, TP33  151..........       213       241  25 kg.............  100 kg............  E.........  85

                                                                                          * * * * * * *
G..........  Water-reactive        4.3  UN2813............  I....  4.3.....  IB4, N40, T9, TP7,  None.........       211       242  Forbidden.........  15 kg.............  E.........  40
              solid, n.o.s..                                                  TP33.
                                                            II...  4.3.....  IB7, IP2, T3, TP33  151..........       212       242  15 kg.............  50 kg.............  E.........  40
                                                            III..  4.3.....  IB8, IP4, T1, TP33  151..........       213       241  25 kg.............  100 kg............  E.........  40

[[Page 2248]]



                                                                                          * * * * * * *
             Zinc ammonium         5.1  UN1512............  II...  5.1.....  IB8, IP2, IP4, T3,  None.........       212       242  5 kg..............  25 kg.............  E.........
              nitrite.                                                        TP33.

                                                                                          * * * * * * *
             Zinc nitrate...       5.1  UN1514............  II...  5.1.....  IB8, IP2, IP4, T3,  152..........       212       240  5 kg..............  25 kg.............  A.........
                                                                              TP33.

                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 2249]]

* * * * *

0
11. In Appendix B to Sec.  172.101, introductory paragraphs 4 and 5 are 
revised and four entries from the table are removed to read as follows:

APPENDIX B TO Sec.  172.101--LIST OF MARINE POLLUTANTS

* * * * *
    4. If a material is not listed in this appendix and meets the 
criteria for a marine pollutant as provided in Chapter 2.9 of the IMDG 
Code, (incorporated by reference; see Sec.  171.7 of this subchapter), 
the material may be transported as a marine pollutant in accordance 
with the applicable requirements of this subchapter.
    5. If a material or a solution meeting the definition of a marine 
pollutant in Sec.  171.8 of this subchapter does not meet the criteria 
for a marine pollutant as provided in section 2.9.3.3 and 2.9.3.4 of 
the IMDG Code, (incorporated by reference; see Sec.  171.7 of this 
subchapter), it may be excepted from the requirements of this 
subchapter as a marine pollutant if that exception is approved by the 
Associate Administrator.

                        List of Marine Pollutants
------------------------------------------------------------------------
          S.M.P. (1)                      Marine pollutant (2)
------------------------------------------------------------------------
[REMOVE]

                              * * * * * * *
                               5-Ethyl-2-picoline
                               Ethyl propenoate, inhibited

                              * * * * * * *
                               Isopropenylbenzene

                              * * * * * * *
                               2-Phenylpropene

                              * * * * * * *
------------------------------------------------------------------------


0
12. In Sec.  172.102:
0
a. In paragraph (c)(1), Special Provisions 130, 136 b., 137, 138, 150, 
177, 188 and 189 are revised; new Special Provisions 62, 198, 237, 332, 
and 335 are added; and Special Provisions 36 and 173 are removed.
0
b. In paragraph (c)(2), Special Provisions A59 and A60 are revised.
0
c. In paragraph (c)(4), revise The table 2IP Codes.
0
d. In paragraph (c)(5), Special Provision N82 is revised and new 
Special Provision N90 is added.
0
e. In paragraph (c)(8), Special Provision TP12 is removed.
    The revisions and additions read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *

Code/Special Provisions

* * * * *
    62 Oxygen generators (see Sec.  171.8 of this subchapter) are not 
authorized for transportation under this entry.
* * * * *
    130 Dry batteries not specifically covered by another entry in the 
Sec.  172.101 Table must be described using this entry. Batteries 
described as ``Batteries, dry, sealed, n.o.s'' are hermetically sealed 
and generally utilize metals (other than lead) and/or carbon as 
electrodes. These batteries are typically used for portable power 
applications. The rechargeable (and some non-rechargeable) types have 
gelled alkaline electrolytes (rather than acidic) making it difficult 
for them to generate hydrogen or oxygen when overcharged and therefore, 
differentiating them from non-spillable batteries. ``Batteries, dry, 
sealed, n.o.s.'' are not subject to any other requirements of this 
subchapter except for the following:
    (1) Incident reporting requirements. For transportation by 
aircraft, a telephone report in accordance with Sec.  171.15(a) is 
required if a fire, violent rupture, explosion or dangerous evolution 
of heat (i.e., an amount of heat sufficient to be dangerous to 
packaging or personal safety to include charring of packaging, melting 
of packaging, scorching of packaging, or other evidence) occurs as a 
direct result of a dry battery. For all modes of transportation, a 
written report submitted, retained, and updated in accordance with 
Sec.  171.16 is required if a fire, violent rupture, explosion or 
dangerous evolution of heat occurs as a direct result of a dry battery 
or battery-powered device;
    (2) Batteries and battery-powered device(s) containing batteries 
must be prepared and packaged for transport in a manner to prevent:
    (i) A dangerous evolution of heat;
    (ii) Short circuits, including but not limited to the following 
methods:
    (a) Packaging each battery or each battery-powered device when 
practicable, in fully enclosed inner packagings made of non-conductive 
material;
    (b) Separating or packaging batteries in a manner to prevent 
contact with other batteries, devices or conductive materials (e.g., 
metal) in the packagings; or
    (c) Ensuring exposed terminals or connectors are protected with 
non-conductive caps, non-conductive tape, or by other appropriate 
means; and
    (iii) Damage to terminals. If not impact resistant, the outer 
packaging should not be used as the sole means of protecting the 
battery terminals from damage or short circuiting. Batteries must be 
securely cushioned and packed to prevent shifting which could loosen 
terminal caps or reorient the terminals to produce short circuits. 
Batteries contained in devices must be securely installed. Terminal 
protection methods include but are not limited to the following:
    (a) Securely attaching covers of sufficient strength to protect the 
terminals;
    (b) Packaging the battery in a rigid plastic packaging; or
    (c) Constructing the battery with terminals that are recessed or 
otherwise protected so that the terminals will not be subjected to 
damage if the package is dropped.

[[Page 2250]]

    (3) When transported by aircraft, for a battery whose voltage 
(electrical potential) exceeds 9 volts:
    (i) When contained in a device, the device must be packaged in a 
manner that prevents unintentional activation or must have an 
independent means of preventing unintentional activation (e.g., 
packaging restricts access to activation switch, switch caps or locks, 
recessed switches, trigger locks, temperature sensitive circuit 
breakers, etc.); and
    (ii) An indication of compliance with this special provision must 
be provided by marking each package with the words ``not restricted'' 
or by including the words ``not restricted'' on a transport document 
such as an air waybill accompanying the shipment.
* * * * *
    136 * * *
    b. The quantities of hazardous materials do not exceed those 
specified in Sec.  173.4a of this subchapter; and
* * * * *
    137 Cotton, dry; flax, dry; sisal, dry; and tampico fiber, dry are 
not subject to the requirements of this subchapter when they are baled 
in accordance with ISO 8115, ``Cotton Bales--Dimensions and Density'' 
(IBR, see Sec.  171.7 of this subchapter) to a density of not less than 
360 kg/m\3\ (22.1 lb/ft\3\) for cotton, 400 kg/m\3\ (24.97 lb/ft\3\) 
for flax, 620 kg/m\3\ (38.71 lb/ft\3\) for sisal and 360 kg/m\3\ (22.1 
lb/ft\3\) for tampico fiber and transported in a freight container or 
closed transport vehicle.
    138 Lead compounds which, when mixed in a ratio of 1:1,000 with 
0.07 M (Molar concentration) hydrochloric acid and stirred for one hour 
at a temperature of 23 [deg]C  2 [deg]C, exhibit a 
solubility of 5% or less are considered insoluble and are not subject 
to the requirements of this subchapter unless they meet criteria as 
another hazard class or division.
* * * * *
    150 This description may be used only for uniform mixtures of 
fertilizers containing ammonium nitrate as the main ingredient within 
the following composition limits:
    a. Not less than 90% ammonium nitrate with not more than 0.2% total 
combustible, organic material calculated as carbon, and with added 
matter, if any, that is inorganic and inert when in contact with 
ammonium nitrate; or
    b. Less than 90% but more than 70% ammonium nitrate with other 
inorganic materials, or more than 80% but less than 90% ammonium 
nitrate mixed with calcium carbonate and/or dolomite and/or mineral 
calcium sulphate, and not more than 0.4% total combustible, organic 
material calculated as carbon; or
    c. Ammonium nitrate-based fertilizers containing mixtures of 
ammonium nitrate and ammonium sulphate with more than 45% but less than 
70% ammonium nitrate, and not more than 0.4% total combustible, organic 
material calculated as carbon such that the sum of the percentage of 
compositions of ammonium nitrate and ammonium sulphate exceeds 70%.
* * * * *
    177 Gasoline, or, ethanol and gasoline mixtures, for use in 
internal combustion engines (e.g., in automobiles, stationary engines 
and other engines) must be assigned to Packing Group II regardless of 
variations in volatility.
* * * * *
    188 Small lithium cells and batteries. Lithium cells or batteries, 
including cells or batteries packed with or contained in equipment, are 
not subject to any other requirements of this subchapter if they meet 
all of the following:
    a. Primary lithium batteries and cells.
    (1) Primary lithium batteries and cells are forbidden for transport 
aboard passenger-carrying aircraft. The outside of each package that 
contains primary (nonrechargeable) lithium batteries or cells must be 
marked ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD 
PASSENGER AIRCRAFT'' or ``LITHIUM METAL BATTERIES--FORBIDDEN FOR 
TRANSPORT ABOARD PASSENGER AIRCRAFT'' on a background of contrasting 
color. The letters in the marking must be:
    (i) At least 12 mm (0.5 inch) in height on packages having a gross 
weight of more than 30 kg (66 pounds); or
    (ii) At least 6 mm (0.25 inch) on packages having a gross weight of 
30 kg (66 pounds) or less, except that smaller font may be used as 
necessary to fit package dimensions; and
    (2) The provisions of paragraph (a)(1) do not apply to packages 
that contain 5 kg (11 pounds) net weight or less of primary lithium 
batteries or cells that are contained in or packed with equipment and 
the package contains no more than the number of lithium batteries or 
cells necessary to power the piece of equipment;
    b. For a lithium metal or lithium alloy cell, the lithium content 
is not more than 1.0 g. For a lithium-ion cell, the equivalent lithium 
content is not more than 1.5 g;
    c. For a lithium metal or lithium alloy battery, the aggregate 
lithium content is not more than 2.0 g. For a lithium-ion battery, the 
aggregate equivalent lithium content is not more than 8 g;
    d. Effective October 1, 2009, the cell or battery must be of a type 
proven to meet the requirements of each test in the UN Manual of Tests 
and Criteria (IBR; see Sec.  171.7 of this subchapter);
    e. Cells or batteries are separated or packaged in a manner to 
prevent short circuits and are packed in a strong outer packaging or 
are contained in equipment;
    f. Effective October 1, 2008, except when contained in equipment, 
each package containing more than 24 lithium cells or 12 lithium 
batteries must be:
    (1) Marked to indicate that it contains lithium batteries, and 
special procedures should be followed if the package is damaged;
    (2) Accompanied by a document indicating that the package contains 
lithium batteries and special procedures should be followed if the 
package is damaged;
    (3) Capable of withstanding a 1.2 meter drop test in any 
orientation without damage to cells or batteries contained in the 
package, without shifting of the contents that would allow short 
circuiting and without release of package contents; and
    (4) Gross weight of the package may not exceed 30 kg (66 pounds). 
This requirement does not apply to lithium cells or batteries packed 
with equipment;
    g. Electrical devices must conform to Sec.  173.21;
    h. For transportation by aircraft, a telephone report in accordance 
with Sec.  171.15(a) is required if a fire, violent rupture, explosion 
or dangerous evolution of heat (i.e., an amount of heat sufficient to 
be dangerous to packaging or personal safety to include charring of 
packaging, melting of packaging, scorching of packaging, or other 
evidence) occurs as a direct result of a lithium battery. For all modes 
of transportation, a written report submitted, retained, and updated in 
accordance with Sec.  171.16 is required if a fire, violent rupture, 
explosion or dangerous evolution of heat occurs as a direct result of a 
lithium battery or battery-powered device; and
    i. Lithium batteries or cells are not authorized aboard an aircraft 
in checked or carry-on luggage except as provided in Sec.  175.10.
* * * * *
    189 Medium lithium cells and batteries. Effective October 1, 2008, 
when transported by motor vehicle or rail car, lithium cells or 
batteries, including cells or batteries packed with or contained in 
equipment, are not subject to any other requirements of this

[[Page 2251]]

subchapter if they meet all of the following:
    a. The lithium content anode of each cell, when fully charged, is 
not more than 5 grams.
    b. The aggregate lithium content of the anode of each battery, when 
fully charged, is not more than 25 grams.
    c. The cells or batteries are of a type proven to meet the 
requirements of each test in the UN Manual of Tests and Criteria (IBR; 
see Sec.  171.7 of this subchapter). A cell or battery and equipment 
containing a cell or battery that was first transported prior to 
January 1, 2006 and is of a type proven to meet the criteria of Class 9 
by testing in accordance with the tests in the UN Manual of Tests and 
Criteria, Third revised edition, 1999, need not be retested.
    d. Cells or batteries are separated or packaged in a manner to 
prevent short circuits and are packed in a strong outer packaging or 
are contained in equipment.
    e. The outside of each package must be marked ``LITHIUM BATTERIES--
FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT AND VESSEL'' on a background of 
contrasting color, in letters:
    (1) At least 12 mm (0.5 inch) in height on packages having a gross 
weight of more than 30 kg (66 pounds); or
    (2) At least 6 mm (0.25 inch) on packages having a gross weight of 
30 kg (66 pounds) or less, except that smaller font may be used as 
necessary to fit package dimensions.
    f. Except when contained in equipment, each package containing more 
than 24 lithium cells or 12 lithium batteries must be:
    (1) Marked to indicate that it contains lithium batteries, and 
special procedures should be followed if the package is damaged;
    (2) Accompanied by a document indicating that the package contains 
lithium batteries and special procedures should be followed if the 
package is damaged;
    (3) Capable of withstanding a 1.2 meter drop test in any 
orientation without damage to cells or batteries contained in the 
package, without shifting of the contents that would allow short 
circuiting and without release of package contents; and
    (4) Gross weight of the package may not exceed 30 kg (66 pounds). 
This requirement does not apply to lithium cells or batteries packed 
with equipment.
    g. Electrical devices must conform to Sec.  173.21 of this 
subchapter; and
    h. A written report submitted, retained, and updated in accordance 
with Sec.  171.16 is required if a fire, violent rupture, explosion or 
dangerous evolution of heat (i.e., an amount of heat sufficient to be 
dangerous to packaging or personal safety to include charring of 
packaging, melting of packaging, scorching of packaging, or other 
evidence) occurs as a direct result of a lithium battery or battery-
powered device.
* * * * *
    198 Nitrocellulose solutions containing not more than 20% 
nitrocellulose may be transported as paint or printing ink, as 
applicable. See UN1210, UN1263, UN3066, UN3469, and UN3470.
    237 ``Batteries, dry, containing potassium hydroxide solid, 
electric storage'' must be prepared and packaged in accordance with the 
requirements of Sec.  173.159(a), (b), and (c). For transportation by 
aircraft, the provisions of Sec.  173.159(b)(2) are applicable.
    332 Magnesium nitrate hexahydrate is not subject to the 
requirements of this subchapter.
    335 Mixtures of solids that are not subject to this subchapter and 
environmentally hazardous liquids or solids may be classified as 
``Environmentally hazardous substances, solid, n.o.s,'' UN3077 and may 
be transported under this entry, provided there is no free liquid 
visible at the time the material is loaded or at the time the packaging 
or transport unit is closed. Each transport unit must be leakproof when 
used as bulk packaging.
* * * * *
    (2) * * *
    A59 Sterilization devices, when containing less than 30 mL per 
inner packaging with no more than 300 mL per outer packaging may be 
transported in accordance with provisions in Sec.  173.4a, irrespective 
of Sec.  173.4a(b). In addition, after filling, each inner packaging 
must be determined to be leak-tight by placing the inner packaging in a 
hot water bath at a temperature and for a period of time sufficient to 
ensure an internal pressure equal to the vapor pressure of ethylene 
oxide at 55 [deg]C is achieved. Any inner packaging showing evidence of 
leakage, distortion or other defect under this test may not be 
transported under the terms of this special provision. In addition to 
the packaging required in Sec.  173.4a, inner packagings must be placed 
in a sealed plastic bag compatible with ethylene oxide and capable of 
containing the contents in the event of breakage or leakage of the 
inner packaging. Glass inner packagings must be placed within a 
protective shield capable of preventing the glass from puncturing the 
plastic bag in the event of damage to the packaging (e.g., crushing).
    A60 Sterilization devices, when containing less than 30 mL per 
inner packaging with not more than 150 mL per outer packaging, may be 
transported in accordance with the provisions in Sec.  173.4a, 
irrespective of Sec.  173.4a(b), provided such packagings were first 
subjected to comparative fire testing. Comparative fire testing must 
show no difference in burning rate between a package as prepared for 
transport (including the substance to be transported) and an identical 
package filled with water.
* * * * *
    (4) * * *

                                                Table 2--IP Codes
----------------------------------------------------------------------------------------------------------------
               IBC code                                             Authorized IBCs
----------------------------------------------------------------------------------------------------------------
IP1..................................  IBCs must be packed in closed freight containers or a closed transport
                                        vehicle.
IP2..................................  When IBCs other than metal or rigid plastics IBCs are used, they must be
                                        offered for transportation in a closed freight container or a closed
                                        transport vehicle.
IP3..................................  Flexible IBCs must be sift-proof and water-resistant or must be fitted
                                        with a sift-proof and water-resistant liner.
IP4..................................  Flexible, fiberboard or wooden IBCs must be sift-proof and water-
                                        resistant or be fitted with a sift-proof and water-resistant liner.
IP5..................................  IBCs must have a device to allow venting. The inlet to the venting device
                                        must be located in the vapor space of the IBC under maximum filling
                                        conditions.
IP6..................................  Non-specification bulk bins are authorized.
IP7..................................  For UN identification numbers 1327, 1363, 1364, 1365, 1386, 1841, 2211,
                                        2217, 2793 and 3314, IBCs are not required to meet the IBC performance
                                        tests specified in part 178, subpart N of this subchapter.
IP8..................................  Ammonia solutions may be transported in rigid or composite plastic IBCs
                                        (31H1, 31H2 and 31HZ1) that have successfully passed, without leakage or
                                        permanent deformation, the hydrostatic test specified in Sec.   178.814
                                        of this subchapter at a test pressure that is not less than 1.5 times
                                        the vapor pressure of the contents at 55 [deg]C (131 [deg]F).
IP13.................................  Transportation by vessel in IBCs is prohibited.
IP14.................................  Air must be eliminated from the vapor space by nitrogen or other means.

[[Page 2252]]


IP15.................................  For UN2031 with more than 55% nitric acid, rigid plastic IBCs and
                                        composite IBCs with a rigid plastic inner receptacle are authorized for
                                        two years from the date of IBC manufacture.
IP20.................................  Dry sodium cyanide or potassium cyanide is also permitted in siftproof,
                                        water-resistant, fiberboard IBCs when transported in closed freight
                                        containers or transport vehicles.
----------------------------------------------------------------------------------------------------------------

    (5) * * *
    Code/Special Provisions
* * * * *
    N82 See Sec.  173.115 of this subchapter for classification 
criteria for flammable aerosols.
* * * * *
    N90 Metal packagings are not authorized.
* * * * *

0
13. In Sec.  172.202, paragraph (a)(3) introductory text, paragraph 
(a)(4), and (a)(6)(vi) are revised to read as follows:


Sec.  172.202  Description of hazardous material on shipping papers.

    (a) * * *
    (3) The hazard class or division number prescribed for the 
material, as shown in Column (3) of the Sec.  172.101 table. The 
subsidiary hazard class or division number is not required to be 
entered when a corresponding subsidiary hazard label is not required. 
Except for combustible liquids, the subsidiary hazard class(es) or 
subsidiary division number(s) must be entered in parentheses 
immediately following the primary hazard class or division number. In 
addition--
* * * * *
    (4) The packing group in Roman numerals, as designated for the 
hazardous material in Column (5) of the Sec.  172.101 table. Class 1 
(explosives) materials; self-reactive substances; batteries other than 
those containing lithium, lithium ions, or sodium; Division 5.2 
materials; and entries that are not assigned a packing group (e.g., 
Class 7) are excepted from this requirement. The packing group may be 
preceded by the letters ``PG'' for example ``PG II;'' and
* * * * *
    (6) * * *
    (vi) For items where ``No Limit'' is shown in Column (9A) or (9B) 
of the Sec.  172.101 table, the quantity shown must be the net mass or 
volume of the material. For articles (e.g., UN2800 and UN3166) the 
quantity must be the gross mass, followed by the letter ``G''; and
* * * * *

0
14. In Sec.  172.322, paragraphs (d)(1) and (e) are revised to read as 
follows:


Sec.  172.322  Marine pollutants.

* * * * *
    (d) The MARINE POLLUTANT mark is not required--
    (1) On single packagings or combination packagings where each 
single package or each inner packaging of combination packagings has:
    (i) A net quantity of 5 L (1.3 gallons) or less for liquids; or
    (ii) A net mass of 5 kg (11 pounds) or less for solids
* * * * *
    (e) MARINE POLLUTANT mark. Effective January 14, 2010 the MARINE 
POLLUTANT mark must conform to the following:
    (1) Except for size, the MARINE POLLUTANT mark must appear as 
follows:
[GRAPHIC] [TIFF OMITTED] TR14JA09.000

Symbol (fish and tree): Black on white or suitable contrasting 
background.

    (2) The symbol and border must be black and the background white, 
or the symbol, border and background must be of contrasting color to 
the surface to which the mark is to be affixed. Each side of the mark 
must be--
    (i) At least 100 mm (4 inches) for marks applied to:
    (A) Non-bulk packages, except in the case of packages which, 
because of their size, can only bear smaller marks;
    (B) Bulk packages with a capacity of less than 3,785 L (1,000 
gallons); or
    (ii) At least 250 mm (10 inches) for marks applied to all other 
bulk packages.
* * * * *
0
15. In Sec.  172.400a, paragraph (c) is revised to read as follows:


Sec.  172.400a  Exceptions from labeling.

* * * * *
    (c) Notwithstanding the provisions of Sec.  172.402(a), a Division 
6.1 subsidiary hazard label is not required on a package containing a 
Class 8 (corrosive) material which has a subsidiary hazard of Division 
6.1 (poisonous) if the toxicity of the material is based solely on the 
corrosive destruction of tissue rather than systemic poisoning. In 
addition, a Division 4.1 subsidiary hazard label is not required on a 
package bearing a Division 4.2 label.
* * * * *

0
16. In Sec.  172.401, a new paragraph (c)(5) is added to read as 
follows:


Sec.  172.401  Prohibited labeling.

* * * * *
    (c) * * *
    (5) The Globally Harmonized System of Classification and Labelling 
of Chemicals (GHS) (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
17. In Sec.  172.402, paragraph (d)(1) is revised to read as follows:


Sec.  172.402  Additional labeling requirements.

* * * * *
    (d) * * *
    (1) For a package containing a Class 7 material that also meets the 
definition of one or more additional hazard classes, whether or not the 
material satisfies Sec.  173.4a(b)(7) of this subchapter, a subsidiary 
label is not required on the package if the material conforms to the 
remaining criteria in Sec.  173.4a of this subchapter.
* * * * *

0
18. In Sec.  172.446, paragraph (b) is revised to read as follows:


Sec.  172.446  CLASS 9 Label.

* * * * *
    (b) In addition to complying with Sec.  172.407, the background on 
the CLASS 9 label must be white with seven black vertical stripes on 
the top half. The black vertical stripes must be spaced, so that, 
visually, they appear equal in width to the six white spaces between 
them. The lower half of the label must be white with the class number 
``9'' underlined and centered at the bottom. The solid horizontal line 
dividing the lower and upper half of the label is optional.
0
19. Section 172.448 is revised to read as follows:

[[Page 2253]]

Sec.  172.448  CARGO AIRCRAFT ONLY label.

    (a) Except for size and color, the CARGO AIRCRAFT ONLY label must 
be as follows:
[GRAPHIC] [TIFF OMITTED] TR14JA09.001

    (b) The CARGO AIRCRAFT ONLY label must be black on an orange 
background.
    (c) A CARGO AIRCRAFT ONLY label conforming to the specifications in 
Sec.  172.448 on December 31, 2008, may be used until January 1, 2013.

0
20. In Sec.  172.500, paragraph (b)(5) is revised to read as follows:


Sec.  172.500  Applicability of placarding requirements.

* * * * *
    (b) * * *
    (5) Hazardous materials which are packaged as small quantities 
under the provisions of Sec. Sec.  173.4, 173.4a, 173.4b of this 
subchapter; and
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

0
21. 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.


0
22. Section 173.4, is revised to read as follows:


Sec.  173.4  Small quantities for highway and rail.

    (a) When transported domestically by highway or rail in conformance 
with this section, small quantities of Class 3, Division 4.1, Division 
4.2 (PG II and III), Division 4.3 (PG II and III), Division 5.1, 
Division 5.2, Division 6.1, Class 7, Class 8, and Class 9 materials 
that also meet the definition of one or more of these hazard classes, 
are not subject to any other requirements of this subchapter when--
    (1) The maximum quantity of material per inner receptacle or 
article is limited to--
    (i) Thirty (30) mL (1 ounce) for authorized liquids, other than 
Division 6.1, Packing Group I, Hazard Zone A or B materials;
    (ii) Thirty (30) g (1 ounce) for authorized solid materials;
    (iii) One (1) g (0.04 ounce) for authorized materials meeting the 
definition of a Division 6.1, Packing Group I, Hazard Zone A or B 
material; and
    (iv) An activity level not exceeding that specified in Sec. Sec.  
173.421, 173.424, 173.425 or 173.426, as appropriate, for a package 
containing a Class 7 (radioactive) material.
    (2) With the exception of temperature sensing devices, each inner 
receptacle:
    (i) Is not liquid-full at 55 [deg]C (131 [deg]F), and
    (ii) Is constructed of plastic having a minimum thickness of no 
less than 0.2 mm (0.008 inch), or earthenware, glass, or metal;
    (3) Each inner receptacle with a removable closure has its closure 
held securely in place with wire, tape, or other positive means;
    (4) Unless equivalent cushioning and absorbent material surrounds 
the inside packaging, each inner receptacle is securely packed in an 
inside packaging with cushioning and absorbent material that:
    (i) Will not react chemically with the material, and
    (ii) Is capable of absorbing the entire contents (if a liquid) of 
the receptacle;
    (5) The inside packaging is securely packed in a strong outside 
packaging;
    (6) The completed package, as demonstrated by prototype testing, is 
capable of sustaining--
    (i) Each of the following free drops made from a height of 1.8 m 
(5.9 feet) directly onto a solid unyielding surface without breakage or 
leakage from any inner receptacle and without a substantial reduction 
in the effectiveness of the package:
    (A) One drop flat on bottom;
    (B) One drop flat on top;
    (C) One drop flat on the long side;
    (D) One drop flat on the short side; and
    (E) One drop on a corner at the junction of three intersecting 
edges; and
    (ii) A compressive load as specified in Sec.  178.606(c) of this 
subchapter.

    Note to paragraph (a)(6): Each of the tests in paragraph (a)(6) 
of this section may be performed on a different but identical 
package; i.e., all tests need not be performed on the same package.

    (7) Placement of the material in the package or packing different 
materials in the package does not result in a violation of Sec.  
173.21;
    (8) The gross mass of the completed package does not exceed 29 kg 
(64 pounds);
    (9) The package is not opened or otherwise altered until it is no 
longer in commerce; and
    (10) The shipper certifies conformance with this section by marking 
the outside of the package with the statement ``This package conforms 
to 49 CFR 173.4 for domestic highway or rail transport only.''

[[Page 2254]]

    (b) A package containing a Class 7 (radioactive) material also must 
conform to the requirements of Sec.  173.421(a)(1) through (a)(5) or 
Sec.  173.424(a) through (g), as appropriate.
    (c) Packages which contain a Class 2, Division 4.2 (PG I), or 
Division 4.3 (PG I) material conforming to paragraphs (a)(1) through 
(a)(10) of this section may be offered for transportation or 
transported if specifically approved by the Associate Administrator.
    (d) Lithium batteries and cells are not eligible for the exceptions 
provided in this section.

0
23. Section 173.4a is added to read as follows:


Sec.  173.4a  Excepted quantities.

    (a) Excepted quantities of materials other than articles 
transported in accordance with this section are not subject to any 
additional requirements of this subchapter except for:
    (1) The shipper's responsibilities to properly class their material 
in accordance with Sec.  173.22 of this subchapter;
    (2) Sections 171.15 and 171.16 of this subchapter pertaining to the 
reporting of incidents; and
    (3) For a Class 7 (Radioactive) material the requirements for an 
excepted package.
    (b) Authorized materials. Only materials authorized for transport 
aboard passenger aircraft and appropriately classed within one of the 
following hazard classes or divisions may be transported in accordance 
with this section:
    (1) Division 2.2 materials with no subsidiary hazard;
    (2) Class 3 materials;
    (3) Class 4 (PG II and III) materials except for self-reactive 
materials;
    (4) Division 5.1 (PG II and III);
    (5) Division 5.2 materials only when contained in a chemical kit or 
a first aid kit;
    (6) Division 6.1, other than PG I, Hazard Zone A or B material;
    (7) Class 7, Radioactive material in excepted packages
    (8) Class 8 (PG II and III), except for UN2803 (Gallium) and UN2809 
(Mercury); and
    (9) Class 9, except for UN1845 (Carbon dioxide, solid or Dry ice), 
and lithium batteries and cells.
    (c) Inner packaging limits. The maximum quantity of hazardous 
materials in each inner packaging is limited to:
    (1) 1 g (0.04 ounce) or 1 mL (0.03 ounce) for solids or liquids of 
Division 6.1, Packing Group I or II or other materials that also meet 
the definition of a toxic material;
    (2) 30 g (1 ounce) or 30 mL (1 ounce) for solids or liquids other 
than those covered in paragraph (c)(1) of this section; and
    (3) For gases a water capacity of 30 mL (1.8 cubic inches) or less.
    (d) Outer packaging aggregate quantity limits. The maximum 
aggregate quantity of hazardous material contained in each outer 
packaging must not exceed the limits provided in the following 
paragraphs. For outer packagings containing more than one hazardous 
material, the aggregate quantity of hazardous material must not exceed 
the lowest permitted maximum aggregate quantity. The limits are as 
follows:
    (1) For other than a Division 2.2 or Division 5.2 material:
    (i) Packing Group I--300 g (0.66 pounds) for solids or 300 mL (0.08 
gallons) for liquids;
    (ii) Packing Group II--500 g (1.1 pounds) for solids or 500 mL (0.1 
gallons) for liquids;
    (iii) Packing Group III--1 kg (2.2 pounds) for solids or 1 L (0.2 
gallons) for liquids;
    (2) For Division 2.2 material, 1 L (61 cubic inches); or
    (3) For Division 5.2 material, 500 g (1.1 pounds) for solids or 250 
mL (0.05 gallons) for liquids.
    (e) Packaging materials. Packagings used for the transport of 
excepted quantities must meet the following:
    (1) Each inner receptacle must be constructed of plastic, or of 
glass, porcelain, stoneware, earthenware or metal. When used for liquid 
hazardous materials, plastic inner packagings must have a thickness of 
not less than 0.2 mm (0.008 inch).
    (2) Each inner packaging with a removable closure must have its 
closure held securely in place with wire, tape or other positive means. 
Each inner receptacle having a neck with molded screw threads must have 
a leak proof, threaded type cap. The closure must not react chemically 
with the material.
    (3) Each inner packaging must be securely packed in an intermediate 
packaging with cushioning material in such a way that, under normal 
conditions of transport, it cannot break, be punctured or leak its 
contents. The intermediate packaging must completely contain the 
contents in case of breakage or leakage, regardless of package 
orientation. For liquid hazardous materials, the intermediate packaging 
must contain sufficient absorbent material that:
    (i) Will absorb the entire contents of the inner packaging. In such 
cases, and
    (ii) Will not react dangerously with the material or reduce the 
integrity or function of the packaging materials.
    (iii) The absorbent material may be the cushioning material.
    (4) The intermediate packaging must be securely packed in a strong, 
rigid outer packaging.
    (5) Placement of the material in the package or packing different 
materials in the package must not result in a violation of Sec.  
173.21.
    (6) Each package must be of such a size that there is adequate 
space to apply all necessary markings.
    (7) The package is not opened or otherwise altered until it is no 
longer in commerce.
    (8) Overpacks may be used and may also contain packages of 
hazardous material or other materials not subject to the HMR subject to 
the requirements of Sec.  173.25.
    (f) Package tests. The completed package as prepared for transport, 
with inner packagings filled to not less than 95% of their capacity for 
solids or 98% for liquids, must be capable of withstanding, as 
demonstrated by testing which is appropriately documented, without 
breakage or leakage of any inner packaging and without significant 
reduction in effectiveness:
    (1) Drops onto a solid unyielding surface from a height of 1.8 m 
(5.9 feet):
    (i) Where the sample is in the shape of a box, it must be dropped 
in each of the following orientations:
    (A) One drop flat on the bottom;
    (B) One drop flat on the top;
    (C) One drop flat on the longest side;
    (D) One drop flat on the shortest side; and
    (E) One drop on a corner at the junction of three intersecting 
edges.
    (ii) Where the sample is in the shape of a drum, it must be dropped 
in each of the following orientations:
    (A) One drop diagonally on the top chime, with the center of 
gravity directly above the point of impact;
    (B) One drop diagonally on the base chime; and
    (C) One drop flat on the side.
    (2) A compressive load as specified in Sec.  178.606(c) of this 
subchapter. Each of the tests in this paragraph (f) of this section may 
be performed on a different but identical package; that is, all tests 
need not be performed on the same package.
    (g) Marking. Excepted quantities of hazardous materials packaged, 
marked, and otherwise offered and transported in accordance with this 
section must be durably and legibly marked with the following marking:

[[Page 2255]]

[GRAPHIC] [TIFF OMITTED] TR14JA09.002

    (1) The ``*'' must be replaced by the primary hazard class, or when 
assigned, the division of each of the hazardous materials contained in 
the package. The ``**'' must be replaced by the name of the shipper or 
consignee if not shown elsewhere on the package.
    (2) The symbol shall be not less than 100 mm (3.9 inches) x 100 mm 
(3.9 inches), and must be durable and clearly visible.
    (h) Documentation. (1) For transportation by highway or rail, no 
shipping paper is required.
    (2) For transport by air, a shipping paper is not required, except 
that, if a document such as an air waybill accompanies a shipment, the 
document must include the statement ``Dangerous Goods in Excepted 
Quantities'' and indicate the number of packages.
    (3) For transport by vessel, a shipping paper is required and must 
include the statement ``Dangerous Goods in Excepted Quantities'' and 
indicate the number of packages.
    (i) Training. Each person who offers or transports excepted 
quantities of hazardous materials must know about the requirements of 
this section.
    (j) Restrictions. Hazardous material packaged in accordance with 
this section may not be carried in checked or carry-on baggage.

0
24. Section 173.4b is added to read as follows:


Sec.  173.4b  De minimis exceptions.

    (a) Packing Group II and III materials in Class 3, Division 4.1, 
Division 4.2, Division 4.3, Division 5.1, Division 6.1, Class 8, and 
Class 9 do not meet the definition of a hazardous material in Sec.  
171.8 of this subchapter when packaged in accordance with this section 
and, therefore, are not subject to the requirements of this subchapter.
    (1) The maximum quantity of material per inner receptacle or 
article is limited to--
    (i) One (1) mL (0.03 ounce) for authorized liquids; and
    (ii) One (1) g (0.04 ounce) for authorized solid materials;
    (2) Each inner receptacle with a removable closure has its closure 
held securely in place with wire, tape, or other positive means;
    (3) Unless equivalent cushioning and absorbent material surrounds 
the inside packaging, each inner receptacle is securely packed in an 
inside packaging with cushioning and absorbent material that:
    (i) Will not react chemically with the material, and
    (ii) Is capable of absorbing the entire contents (if a liquid) of 
the receptacle;
    (4) The inside packaging is securely packed in a strong outside 
packaging;
    (5) The completed package is capable of sustaining--
    (i) Each of the following free drops made from a height of 1.8 m 
(5.9 feet) directly onto a solid unyielding surface without breakage or 
leakage from any inner receptacle and without a substantial reduction 
in the effectiveness of the package:
    (A) One drop flat on bottom;
    (B) One drop flat on top;
    (C) One drop flat on the long side;
    (D) One drop flat on the short side; and
    (E) One drop on a corner at the junction of three intersecting 
edges; and
    (ii) A compressive load as specified in Sec.  178.606(c) of this 
subchapter. Each of the tests in this paragraph (a)(5) may be performed 
on a different but identical package; that is, all tests need not be 
performed on the same package.
    (6) Placement of the material in the package or packing different 
materials in the package does not result in a violation of Sec.  
173.21;
    (7) The aggregate quantity of hazardous material per package does 
not exceed 100 g (0.22 pounds) for solids or 100 mL (3.38 ounces) for 
liquids;
    (8) The gross mass of the completed package does not exceed 29 kg 
(64 pounds);
    (9) The package is not opened or otherwise altered until it is no 
longer in commerce; and
    (10) For transportation by aircraft:
    (i) The hazardous material is authorized to be carried aboard 
passenger-carrying aircraft in Column 9A of the Sec.  172.101 Hazardous 
Materials Table; and
    (ii) Material packed in accordance with this section may not be 
carried in checked or carry-on baggage.
    (b) [Reserved]

0
25. In Sec.  173.12, paragraph (f) is revised to read as follows:


Sec.  173.12  Exceptions for shipment of waste materials.

* * * * *
    (f) Household waste. Household waste, as defined in Sec.  171.8 of 
this subchapter, is not subject to the requirements of this subchapter 
when transported in accordance with applicable state, local, or tribal 
requirements.

0
26. In Sec.  173.21, paragraph (c) is revised to read a follows:


Sec.  173.21  Forbidden materials and packages.

* * * * *
    (c) Electrical devices, such as batteries and battery-powered 
devices, which are likely to create sparks or generate a dangerous 
evolution of heat, unless packaged in a manner which precludes such an 
occurrence.
* * * * *

0
27. In Sec.  173.24, paragraph (c)(2) is revised 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, 173.4a, 173.4b, 173.5, 173.5a, 173.6, 173.7, 
173.8, 173.27, or Sec.  176.11 of this subchapter.
* * * * *

0
28. In Sec.  173.24b, paragraph (e) is redesignated as paragraph (f) 
and revised, and a new paragraph (e) is added to read as follows:


Sec.  173.24b  Additional general requirements for bulk packagings.

* * * * *
    (e) Stacking of IBCs and Large Packagings. (1) IBCs and Large 
Packagings not designed and tested to be stacked. No packages or 
freight (hazardous or otherwise) may be stacked upon an IBC or a Large 
Packaging that was not designed and tested to be stacked upon.
    (2) IBCs and Large Packagings designed and tested to be stacked. 
The superimposed weight placed upon an IBC or a Large Packaging 
designed to be stacked may not exceed the maximum permissible stacking 
test mass marked on the packaging.
    (f) UN portable tanks. (1) A UN portable tank manufactured in the 
United States must conform in all details to the applicable 
requirements in parts 172, 173, 178 and 180 of this subchapter.
    (2) UN portable tanks manufactured outside the United States. A UN 
portable tank manufactured outside the United States, in accordance 
with national or international regulations

[[Page 2256]]

based on the UN Recommendations (IBR, see Sec.  171.7 of this 
subchapter), which is an authorized packaging under Sec.  173.24 of 
this subchapter, may be filled, offered and transported in the United 
States, if the Sec.  172.101 Table of this subchapter authorizes the 
hazardous material for transportation in the UN portable tank and it 
conforms to the applicable T codes, and tank provision codes, or other 
special provisions assigned to the hazardous material in Column (7) of 
the Table. In addition, the portable tank must--
    (i) Conform to applicable provisions in the UN Recommendations 
(IBR, see Sec.  171.7 of this subchapter) and the requirements of this 
subpart;
    (ii) Be capable of passing the prescribed tests and inspections in 
part 180 of this subchapter applicable to the UN portable tank 
specification;
    (iii) Be designed and manufactured according to the ASME Code (IBR, 
see Sec.  171.7 of this subchapter) or a pressure vessel design code 
approved by the Associate Administrator;
    (iv) Be approved by the Associate Administrator when the portable 
tank is designed and constructed under the provisions of an alternative 
arrangement (see Sec.  178.274(a)(2) of this subchapter); and
    (v) The competent authority of the country of manufacture must 
provide reciprocal treatment for UN portable tanks manufactured in the 
United States.

0
29. In Sec.  173.62, in paragraph (b), the Explosives Table is amended 
by adding entries in the appropriate numerical order, and in paragraph 
(c), in the Table of Packing Methods, packing instruction entry 114(b) 
is revised to read as follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (b) * * *

                            Explosives Table
------------------------------------------------------------------------
                            ID No.                                 PI
------------------------------------------------------------------------

                                * * * * *
UN0505.......................................................        135
UN0506.......................................................        135
UN0507.......................................................        135
UN0508.......................................................     114(b)
UN0509.......................................................     114(b)

                                * * * * *
------------------------------------------------------------------------

    (c) * * *
    (5) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
         Packing instruction               Inner packagings     Intermediate packagings      Outer packagings
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
114(b) This packing instruction        Bags:                    Not necessary..........  Boxes:
 applies to dry solids.                paper, kraft, plastics.                           natural wood, ordinary
PARTICULAR PACKING REQUIREMENTS OR     textile, sift-proof....                            (4C1).
 EXCEPTIONS:.                          woven plastics, sift-                             natural wood, sift
1. For UN 0077, 0132, 0234, 0235 and    proof.                                            proof walls (4C2).
 0236, packagings must be lead free.   Receptacles:...........                           plywood (4D).
2. For UN 0160 and UN 0161, when       fibreboard.............                           reconstituted wood
 metal drums (1A2 or 1B2) are used as  metal, paper...........                            (4F).
 the outer packaging, metal pack-      plastics, woven                                   fibreboard (4G).
 agings must be so constructed that     plastics, sift-proof.                            Drums:
 the risk of explosion, by reason of                                                     steel, removable head
 increased internal pressure from                                                         (1A2).
 internal or external causes is pre-                                                     aluminum, removable
 vented.                                                                                  head (1B2).
3. For UN 0160, UN 0161, and UN0508,                                                     plywood (1D).
 inner packagings are not necessary                                                      fiber (1G).
 if drums are used as the outer                                                          plastics, removable
 packaging.                                                                               head (1H2).
4. For UN 0508 and UN0509, metal
 packagings shall not be used.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
30. In Sec.  173.115, paragraph (b) is revised, paragraph (k) is 
redesignated as paragraph (l), and a new paragraph (k) is added to read 
as follows:


Sec.  173.115  Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

* * * * *
    (b) Division 2.2 (non-flammable, nonpoisonous compressed gas--
including compressed gas, liquefied gas, pressurized cryogenic gas, 
compressed gas in solution, asphyxiant gas and oxidizing gas). For the 
purpose of this subchapter, a non-flammable, nonpoisonous compressed 
gas (Division 2.2) means any material (or mixture) which--
    (1) Exerts in the packaging a gauge pressure of 200 kPa (25.9 psig/
43.8 psia) or greater at 20 [deg]C (68 [deg]F), is a liquefied gas or 
is a cryogenic liquid, and
    (2) Does not meet the definition of Division 2.1 or 2.3.
* * * * *
    (k) For Division 2.2 gases, the oxidizing ability shall be 
determined by tests or by calculation in accordance with ISO 10156:1996 
and ISO 10156-2:2005 (IBR, see Sec.  171.7 of this subchapter).
    (l) The following applies to aerosols (see Sec.  171.8 of this 
subchapter):
    (1) An aerosol must be assigned to Division 2.1 if the contents 
include 85% by mass or more flammable components and the chemical heat 
of combustion is 30 kJ/g or more;
    (2) An aerosol must be assigned to Division 2.2 if the contents 
contain 1% by mass or less flammable components and the heat of 
combustion is less than 20 kJ/g.
    (3) Aerosols not meeting the provisions of paragraphs (a) or (b) of 
this section must be classed in accordance with the appropriate tests 
of the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this 
subchapter). An aerosol which was tested in accordance with the 
requirements of this subchapter in effect on December 31, 2005, is not 
required to be retested.
    (4) Division 2.3 gases may not be transported in an aerosol 
container.

[[Page 2257]]

    (5) When the contents are classified as Division 6.1, PG III or 
Class 8, PG II or III, the aerosol must be assigned a subsidiary hazard 
of Division 6.1 or Class 8, as appropriate.
    (6) Substances of Division 6.1, PG I or II, and substances of Class 
8, PG I are forbidden from transportation in an aerosol container.
    (7) Flammable components are Class 3 flammable liquids, Division 
4.1 flammable solids, or Division 2.1 flammable gases. The chemical 
heat of combustion must be determined in accordance with the UN Manual 
of Tests and Criteria (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
31. In Sec.  173.134, paragraph (b)(13)(i) is revised to read as 
follows:


Sec.  173.134  Class 6, Division 6.2--Definitions and exceptions.

* * * * *
    (b) * * *
    (13) * * *
    (i) Household waste as defined in Sec.  171.8, when transported in 
accordance with applicable state, local, or tribal requirements.
* * * * *

0
32. In Sec.  173.137, paragraph (c)(2) is revised and a note to the 
section is added to read as follows:


Sec.  173.137  Class 8--Assignment of packing group.

* * * * *
    (c) * * *
    (2) That do not cause full thickness destruction of intact skin 
tissue but exhibit a corrosion on either steel or aluminum surfaces 
exceeding 6.25 mm (0.25 inch) a year at a test temperature of 55 [deg]C 
(130 [deg]F) when tested on both materials. The corrosion may be 
determined in accordance with the UN Manual of Tests and Criteria (IBR, 
see Sec.  171.7 of this subchapter) or other equivalent test methods.

    Note to Sec.  173.137: When an initial test on either a steel or 
aluminum surface indicates the material being tested is corrosive, 
the follow up test on the other surface is not required.


0
33. Section 173.159 is revised to read as follows:


Sec.  173.159  Batteries, wet.

    (a) Electric storage batteries, containing electrolyte acid or 
alkaline corrosive battery fluid (wet batteries), may not be packed 
with other materials except as provided in paragraphs (g) and (h) of 
this section and in Sec. Sec.  173.220 and 173.222; and any battery or 
battery-powered device must be prepared and packaged for transport in a 
manner to prevent:
    (1) A dangerous evolution of heat (i.e., an amount of heat 
sufficient to be dangerous to packaging or personal safety to include 
charring of packaging, melting of packaging, scorching of packaging, or 
other evidence);
    (2) Short circuits, including, but not limited to:
    (i) Packaging each battery or each battery-powered device when 
practicable, in fully enclosed inner packagings made of non-conductive 
material;
    (ii) Separating or packaging batteries and battery-powered devices 
in a manner to prevent contact with other batteries, devices or 
conductive materials (e.g., metal) in the packagings; or
    (iii) Ensuring exposed terminals are protected with non-conductive 
caps, non-conductive tape, or by other appropriate means; and
    (3) Damage to terminals. If not impact resistant, the outer 
packaging must not be used as the sole means of protecting the battery 
terminals from damage or short circuiting. Batteries must be securely 
cushioned and packed to prevent shifting which could loosen terminal 
caps or reorient the terminals. Batteries contained in devices must be 
securely installed. Terminal protection methods include but are not 
limited to:
    (i) Securely attaching covers of sufficient strength to protect the 
terminals;
    (ii) Packaging the battery in a rigid plastic packaging; or
    (iii) Constructing the battery with terminals that are recessed or 
otherwise protected so that the terminals will not be subjected to 
damage if the package is dropped.
    (b) For transportation by aircraft:
    (1) The packaging for wet batteries must incorporate an acid- or 
alkali-proof liner, or include a supplementary packaging with 
sufficient strength and adequately sealed to prevent leakage of 
electrolyte fluid in the event of spillage; and
    (2) Any battery-powered device, equipment or vehicle must be 
packaged for transport in a manner to prevent unintentional activation 
or must have an independent means of preventing unintentional 
activation (e.g., packaging restricts access to activation switch, 
switch caps or locks, recessed switches, trigger locks, temperature 
sensitive circuit breakers, etc.).
    (c) The following specification packagings are authorized for 
batteries packed without other materials provided all requirements of 
paragraph (a) of this section, and for transportation by aircraft, 
paragraph (b) of this section are met:
    (1) Wooden box: 4C1, 4C2, 4D, or 4F.
    (2) Fiberboard box: 4G.
    (3) Plywood drum: 1D.
    (4) Fiber drum: 1G.
    (5) Plastic drum: 1H2.
    (6) Plastic jerrican: 3H2.
    (7) Plastic box: 4H2.
    (d) The following non-specification packagings are authorized for 
batteries packed without other materials provided all requirements of 
paragraph (a) of this section, and for transportation by aircraft, 
paragraph (b) of this section are met:
    (1) Electric storage batteries are firmly secured to skids or 
pallets capable of withstanding the shocks normally incident to 
transportation are authorized for transportation by rail, highway, or 
vessel. The height of the completed unit must not exceed 1\1/2\ times 
the width of the skid or pallet. The unit must be capable of 
withstanding, without damage, a superimposed weight equal to two times 
the weight of the unit or, if the weight of the unit exceeds 907 kg 
(2,000 pounds), a superimposed weight of 1814 kg (4,000 pounds). 
Battery terminals must not be relied upon to support any part of the 
superimposed weight and must not short out if a conductive material is 
placed in direct contact with them.
    (2) Electric storage batteries weighing 225 kg (500 pounds) or 
more, consisting of carriers' equipment, may be shipped by rail when 
mounted on suitable skids. Such shipments may not be offered in 
interchange service.
    (3) One to three batteries not over 11.3 kg (25 pounds) each, 
packed in strong outer boxes. The maximum authorized gross weight is 34 
kg (75 pounds).
    (4) Not more than four batteries not over 7 kg (15 pounds) each, 
packed in strong outer fiberboard or wooden boxes. The maximum 
authorized gross weight is 30 kg (65 pounds).
    (5) Not more than five batteries not over 4.5 kg (10 pounds) each, 
packed in strong outer fiberboard or wooden boxes. The maximum 
authorized gross weight is 30 kg (65 pounds).
    (6) Single batteries not exceeding 34 kg (75 pounds) each, packed 
in 5-sided slip covers or in completely closed fiberboard boxes. Slip 
covers and boxes must be of solid or double-faced corrugated fiberboard 
of at least 91 kg (200 pounds) Mullen test strength. The slip cover or 
fiberboard box must fit snugly and provide inside top clearance of at 
least 1.3 cm (0.5 inch) above battery terminals and filler caps with 
reinforcement in place. Assembled for shipment, the bottom edges of the 
slipcover must come to within 2.5 cm (1 inch) of the bottom of the 
battery. The completed package (battery and box or

[[Page 2258]]

slip cover) must be capable of withstanding a top-to-bottom compression 
test of at least 225 kg (500 pounds) without damage to battery terminal 
caps, cell covers or filler caps.
    (7) Single batteries exceeding 34 kg (75 pounds) each may be packed 
in completely closed fiberboard boxes. Boxes must be of double-wall 
corrugated fiberboard of at least 181 kg (400 pounds) test, or solid 
fiberboard testing at least 181 kg (400 pounds); a box may have hand 
holes in its ends provided that the hand holes will not materially 
weaken the box. Sides and ends of the box must have cushioning between 
the battery and walls of the box; combined thickness of cushioning 
material and walls of the box must not be less than 1.3 cm (0.5 inch); 
and cushioning must be excelsior pads, corrugated fiberboard, or other 
suitable cushioning material. The bottom of the battery must be 
protected by a minimum of one excelsior pad or by a double-wall 
corrugated fiberboard pad. The top of the battery must be protected by 
a wood frame, corrugated trays or scored sheets of corrugated 
fiberboard having minimum test of 91 kg (200 pounds), or other equally 
effective cushioning material. Top protection must bear evenly on 
connectors and/or edges of the battery cover to facilitate stacking of 
batteries. No more than one battery may be placed in one box. The 
maximum authorized gross weight is 91 kg (200 pounds).
    (e) When transported by highway or rail, electric storage batteries 
containing electrolyte or corrosive battery fluid are not subject to 
any other requirements of this subchapter, if all of the following are 
met:
    (1) No other hazardous materials may be transported in the same 
vehicle;
    (2) The batteries must be loaded or braced so as to prevent damage 
and short circuits in transit;
    (3) Any other material loaded in the same vehicle must be blocked, 
braced, or otherwise secured to prevent contact with or damage to the 
batteries; and
    (4) The transport vehicle may not carry material shipped by any 
person other than the shipper of the batteries.
    (f) Batteries can be considered as non-spillable provided they are 
capable of withstanding the following two tests, without leakage of 
battery fluid from the battery:
    (1) Vibration test. The battery must be rigidly clamped to the 
platform of a vibration machine, and a simple harmonic motion having an 
amplitude of 0.8 mm (0.03 inches) with a 1.6 mm (0.063 inches) maximum 
total excursion must be applied. The frequency must be varied at the 
rate of 1 Hz/min between the limits of 10 Hz to 55 Hz. The entire range 
of frequencies and return must be traversed in 95  5 
minutes for each mounting position (direction of vibrator) of the 
battery. The battery must be tested in three mutually perpendicular 
positions (to include testing with fill openings and vents, if any, in 
an inverted position) for equal time periods.
    (2) Pressure differential test. Following the vibration test, the 
battery must be stored for six hours at 24 [deg]C  4 [deg]C 
(75[deg]F  7 [deg]F) while subjected to a pressure 
differential of at least 88 kPa (13 psig). The battery must be tested 
in three mutually perpendicular positions (to include testing with fill 
openings and vents, if any, in an inverted position) for at least six 
hours in each position.
    (g) Electrolyte, acid or alkaline corrosive battery fluid, packed 
with batteries wet or dry, must be packed in one of the following 
specification packagings:
    (1) In 4C1, 4C2, 4D, or 4F wooden boxes with inner receptacles of 
glass, not over 4.0 L (1 gallon) each with not over 8.0 L (2 gallons) 
total in each outside container. Inside containers must be well-
cushioned and separated from batteries by a strong solid wooden 
partition. The completed package must conform to Packing Group III 
requirements.
    (2) Electrolyte, acid, or alkaline corrosive battery fluid included 
with electric storage batteries and filling kits may be packed in 
strong rigid outer packagings when shipments are made by, for, or to 
the Departments of the Army, Navy, or Air Force of the United States. 
Packagings must conform to military specifications. The electrolyte, 
acid, or alkaline corrosive battery fluid must be packed in 
polyethylene bottles of not over 1.0 L (0.3 gallon) capacity each. Not 
more than 24 bottles, securely separated from electric storage 
batteries and kits, may be offered for transportation or transported in 
each package.
    (3) In 4G fiberboard boxes with not more than 12 inside packagings 
of polyethylene or other material resistant to the lading, each not 
over 2.0 L (0.5 gallon) capacity each. Completed packages must conform 
to Packing Group III requirements. Inner packagings must be adequately 
separated from the storage battery. The maximum authorized gross weight 
is 29 kg (64 pounds). These packages are not authorized for 
transportation by aircraft.
    (h) Dry batteries or battery charger devices may be packaged in 4G 
fiberboard boxes with inner receptacles containing battery fluid. 
Completed packagings must conform to Packing Group III requirements. 
Not more than 12 inner receptacles may be packed in one outer box. The 
maximum authorized gross weight is 34 kg (75 pounds).
    (i) When approved by the Associate Administrator, electric storage 
batteries, containing electrolyte or corrosive battery fluid in a 
separate reservoir from which fluid is injected into the battery cells 
by a power device cartridge assembled with the battery, and which meet 
the criteria of paragraph (f) are not subject to any other requirements 
of this subchapter.

0
34. A new Sec.  173.159a is added to read as follows:


Sec.  173.159a  Exceptions for Non-spillable batteries.

    (a) Exceptions for hazardous materials shipments in the following 
paragraphs are permitted only if this section is referenced for the 
specific hazardous material in the Sec.  172.101 table or in a 
packaging section in this part.
    (b) Non-spillable batteries offered for transportation or 
transported in accordance with this section are subject to the incident 
reporting requirements. For transportation by aircraft, a telephone 
report in accordance with Sec.  171.15(a) is required if a fire, 
violent rupture, explosion or dangerous evolution of heat (i.e., an 
amount of heat sufficient to be dangerous to packaging or personal 
safety to include charring of packaging, melting of packaging, 
scorching of packaging, or other evidence) occurs as a direct result of 
a nonspillable battery. For all modes of transportation, a written 
report in accordance with Sec.  171.16(a) is required if a fire, 
violent rupture, explosion or dangerous evolution of heat occurs as a 
direct result of a nonspillable battery.
    (c) Non-spillable batteries are excepted from the packaging 
requirements of Sec.  173.159 under the following conditions:
    (1) Non-spillable batteries must be securely packed in strong outer 
packagings and meet the requirements of Sec.  173.159(a). A non-
spillable battery which is an integral part of and necessary for the 
operation of mechanical or electronic equipment must be securely 
fastened in the battery holder on the equipment;
    (2) The battery and outer packaging must be plainly and durably 
marked ``NONSPILLABLE'' or ``NONSPILLABLE BATTERY.'' The requirement to 
mark the outer package does not apply when the battery is installed in 
a piece of equipment that is transported unpackaged.

[[Page 2259]]

    (d) Non-spillable batteries are excepted from all other 
requirements of this subchapter when offered for transportation and 
transported in accordance with paragraph (c) of this section and the 
following:
    (1) At a temperature of 55 [deg]C (131 [deg]F), the battery must 
not contain any unabsorbed free-flowing liquid, and must be designed so 
that electrolyte will not flow from a ruptured or cracked case; and
    (2) For transport by aircraft, when contained in a battery-powered 
device, equipment or vehicle must be prepared and packaged for 
transport in a manner to prevent unintentional activation in 
conformance with Sec.  173.159(b)(2) of this Subpart.

0
35. In Sec.  173.168, paragraph (a) is revised to read as follows:


Sec.  173.168  Chemical oxygen generators.

* * * * *
    (a) Approval. A chemical oxygen generator that is shipped with an 
explosive or non-explosive means of initiation attached must be classed 
and approved by the Associate Administrator in accordance with the 
procedures specified in Sec.  173.56 of this subchapter.
* * * * *

0
36. In Sec.  173.189, paragraph (e) is revised to read as follows:


Sec.  173.189  Batteries containing sodium or cells containing sodium.

* * * * *
    (e) Vehicles, machinery and equipment powered by sodium batteries 
must be consigned under the entry ``Battery-powered vehicle or Battery-
powered equipment.''

0
37. In Sec.  173.196, paragraphs (a)(1) and (a)(2) are revised to read 
as follows:


Sec.  173.196  Category A infectious substances.

    (a) * * *
    (1) A leakproof primary receptacle.
    (2) A leakproof secondary packaging. If multiple fragile primary 
receptacles are placed in a single secondary packaging, they must be 
either wrapped individually or separated to prevent contact between 
them.
* * * * *

0
38. A new Sec.  173.206 is added to read as follows:


Sec.  173.206  Packaging requirements for chlorosilanes.

    (a) When Sec.  172.101 of this subchapter specifies that a 
hazardous material be packaged under this section, only non-bulk 
packagings prescribed in this section may be used for its 
transportation. Each packaging must conform to the general packaging 
requirements of subpart B of part 173, to the requirements of part 178 
of this subchapter at the Packing Group I or II performance level 
(unless otherwise excepted), and to the particular requirements of the 
special provisions of Column (7) of the Sec.  172.101 Table.
    (b) The following combination packagings are authorized:
    Outer packagings:

Steel drum: 1A2
Plastic drum: 1H2
Plywood drum: 1D
Fiber drum: 1G
Steel box: 4A
Natural wood box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Expanded plastic box: 4H1
Solid plastic box: 4H2

    Inner packagings:

Glass or Steel receptacle

    (c) Except for transportation by passenger aircraft, the following 
single packagings are authorized:

Steel drum: 1A1
Steel jerrican: 3A1
Plastic receptacle in steel drum: 6HA1


0
39. In Sec.  173.220, paragraphs (a)(2), (c), (d), and (e)(1), and the 
last two sentences of paragraph (g)(2) are revised to read as follows:


Sec.  173.220  Internal combustion engines, self-propelled vehicles, 
mechanical equipment containing internal combustion engines, and 
battery-powered vehicles or equipment.

    (a) * * *
    (2) It is equipped with a wet battery (including a non-spillable 
battery), a sodium battery or lithium battery; or
* * * * *
    (c) Battery-powered or installed. Batteries must be securely 
installed, and wet batteries must be fastened in an upright position. 
Batteries must be protected against a dangerous evolution of heat, 
short circuits, and damage to terminals in conformance with Sec.  
173.159(a) and leakage; or must be removed and packaged separately 
under Sec.  173.159. Battery-powered vehicles, machinery or equipment 
including battery-powered wheelchairs and mobility aids are not subject 
to any other requirements of this subchapter except Sec.  173.21 when 
transported by rail, highway or vessel.
    (d) Lithium batteries. Except as provided in Sec.  173.185 of this 
subchapter, vehicles, engines and machinery powered by lithium metal 
batteries that are transported with these batteries installed are 
forbidden aboard passenger-carrying aircraft. Lithium batteries 
contained in vehicles, engines or mechanical equipment must be securely 
fastened in the battery holder of the vehicle, engine or mechanical 
equipment and be protected in such a manner as to prevent damage and 
short circuits (e.g., by the use of non-conductive caps that cover the 
terminals entirely). Lithium batteries must be of a type that have 
successfully passed each test in the UN Manual of Tests and Criteria as 
specified in Sec.  173.185, unless approved by the Associate 
Administrator. Equipment (other than vehicles, engines or mechanical 
equipment) containing lithium batteries, must be described as ``Lithium 
batteries contained in equipment'' and transported in accordance with 
Sec.  173.185 and applicable special provisions.
    (e) Other hazardous materials. (1) Items containing hazardous 
materials, such as, fire extinguishers, compressed gas accumulators, 
safety devices and other hazardous materials which are integral 
components of the motor vehicle, engine or mechanical equipment and are 
necessary for the operation of the vehicle, engine or mechanical 
equipment, or for the safety of its operator or passengers must be 
securely installed in the motor vehicle, engine or mechanical 
equipment. Such items are not otherwise subject to the requirements of 
this subchapter. Equipment (other than vehicles, engines or mechanical 
equipment) containing lithium batteries must be described as ``Lithium 
batteries contained in equipment'' and transported in accordance with 
Sec.  173.185 and applicable special provisions.
* * * * *
    (g) * * *
    (2) * * * For transportation by aircraft, the provisions of Sec.  
173.159(b)(2) as applicable, other applicable requirements of this 
subchapter, including shipping papers, emergency response information, 
notification of pilot-in-command, general packaging requirements, and 
the requirements specified in Sec.  173.27 must be met. For 
transportation by vessel, additional exceptions are specified in Sec.  
176.905 of this subchapter.

0
40. In Sec.  173.222, the section heading and paragraph (c)(3) are 
revised to read as follows:


Sec.  173.222  Dangerous goods in equipment, machinery or apparatus.

* * * * *
    (c) * * *
    (3) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases. For 
transportation by aircraft, Division 2.2 gases with

[[Page 2260]]

subsidiary risks and refrigerated liquefied gases are not authorized; 
and
* * * * *

0
41. a. In Sec.  173.225, in paragraph (c)(8), the Organic Peroxide 
Table is amended by removing and adding the following entries in the 
appropriate order; and in the ``NOTES'' immediately following the 
Table, a new Note ``29,'' ``30'' and ``31'' are added in the 
appropriate numerical order.
0
b. In paragraph (e), the Organic Peroxide IBC Table is amended by 
removing and adding the following entries in the appropriate order.
0
c. In paragraph (g), the Organic Peroxide Portable Tank Table is 
amended by adding and revising the following entries in the appropriate 
order.


Sec.  173.225  Packaging requirements and other provisions for organic 
peroxides.

* * * * *
    (c) * * *
    (8) * * *

                                                                                     Organic Peroxide Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Concent. (mass   Diluent  (mass   Diluent  (mass   Diluent  (mass    Water  (mass     Packing                         Temp
         Technical name               ID No.             %)             %)  A            %)  B             %)  I             %)           method     Temp  control    emergency        Notes
(1)                               (2)...........  (3)............  (4a)...........  (4b)...........  (4c)............  (5)..........  (6)..........  (7a).........  (7b).........  (8)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[Remove]

                                                                                          * * * * * * *
tert-Amyl peroxy-3,5,5-           3101..........  <=100..........  ...............  ...............  ................  .............  OP5..........  .............  .............  .............
 trimethylhexanoate.

                                                                                          * * * * * * *
Cyclohexanone peroxide(s).......  Exempt........  ...............  ...............  ...............  >=68............  .............  Exempt.......  .............  .............  .............

                                                                                          * * * * * * *
Dibenzoyl peroxide..............  Exempt........  <=35...........  ...............  ...............  >=65............  .............  Exempt.......  .............  .............  .............

                                                                                          * * * * * * *
Di-(2-tert-butylperoxyisopropyl)  Exempt........  <=42...........  ...............  ...............  >=58............  .............  Exempt.......  .............  .............  .............
 benzene(s).

                                                                                          * * * * * * *
Di-4-chlorobenzoyl peroxide.....  Exempt........  <=32...........  ...............  ...............  >68.............  .............  Exempt.......  .............  .............  .............

                                                                                          * * * * * * *
Dicumyl peroxide................  Exempt........  <=52...........  ...............  ...............  >48.............  .............  Exempt.......  .............  .............  .............

                                                                                          * * * * * * *
Di-(2-ethylhexyl)                 3117..........  <=62...........  ...............  ...............  ................  .............  OP8..........  -15..........  -5...........  .............
 peroxydicarbonate [as a stable
 dispersion in water].

                                                                                          * * * * * * *
[Add]

                                                                                          * * * * * * *
tert-Amyl peroxyneodecanoate....  3119..........  <=47...........  >=53...........  ...............  ................  .............  OP8..........  0............  +10..........  .............

                                                                                          * * * * * * *
tert-Amyl peroxypivalate........  3119..........  <=32...........  >=68...........  ...............  ................  .............  OP8..........  +10..........  +15..........  .............
tert-Amyl peroxy-3,5,5-           3105..........  <=100..........  ...............  ...............  ................  .............  OP7..........  .............  .............  .............
 trimethylhexanoate.

                                                                                          * * * * * * *
tert-Butyl peroxy-3,5,5-          3106..........  <=42...........  ...............  ...............  >=58............  .............  OP7..........  .............  .............  .............
 trimethlyhexanoate.

                                                                                          * * * * * * *
Cumyl peroxyneodecanoate........  3115..........  <=87...........  >=13...........  ...............  ................  .............  OP7..........  -10..........  0............  .............

                                                                                          * * * * * * *
Cyclohexanone peroxide(s).......  Exempt........  <=32...........  ...............  ...............  >68.............  .............  Exempt.......  .............  .............  29

                                                                                          * * * * * * *
2,2-Di-(tert-amylperoxy)-butane.  3105..........  <=57...........  >=43...........  ...............  ................  .............  OP7..........  .............  .............  .............

                                                                                          * * * * * * *
Dibenzoyl peroxide..............  Exempt........  <=35...........  ...............  ...............  >=65............  .............  Exempt.......  .............  .............  29

                                                                                          * * * * * * *
tert-Butyl peroxybenzoate.......  3109..........  <=32...........  >=68...........  ...............  ................  .............  OP8..........  .............  .............  .............

                                                                                          * * * * * * *
1,1-Di-(tert-butylperoxy)-        3103..........  <=72...........  ...............  >=28...........  ................  .............  OP5..........  .............  .............  30
 cyclohexane.

                                                                                          * * * * * * *
1,1-Di-(tert-Butylperoxy)         3109..........  <=37...........  >=63...........  ...............  ................  .............  OP8..........  .............  .............  .............
 cyclohexane.


[[Page 2261]]


                                                                                          * * * * * * *
1,1-Di-(tert-butylperoxy)-        3105..........  <=43 + <=16....  >=41...........  ...............  ................  .............  OP7..........  .............  .............  .............
 Cyclohexane + tert-butyl peroxy-
 2-ethylhexanoate.

                                                                                          * * * * * * *
Di-(2-tert-butylperoxyisopropyl)  Exempt........  <=42...........  ...............  ...............  >=58............  .............  Exempt.......  .............  .............  29
 benzene(s).

                                                                                          * * * * * * *
1,1-Di-(tert-butylperoxy)-3,3,5-  3103..........  <=90...........  ...............  >=10...........  ................  .............  OP5..........  .............  .............  30
 trimethylcyclohexane.

                                                                                          * * * * * * *
Di-2,4-dichlorobenzoyl peroxide   3118..........  <=52...........  ...............  ...............  ................  .............  OP8..........  +20..........  +25..........  .............
 [as a paste].

                                                                                          * * * * * * *
Di-4-chlorobenzoyl peroxide.....  Exempt........  <=32...........  ...............  ...............  >=68............  .............  Exempt.......  .............  .............  29

                                                                                          * * * * * * *
Dicumyl peroxide................  Exempt........  <=52...........  ...............  ...............  >=48............  .............  Exempt.......  .............  .............  29

                                                                                          * * * * * * *
Di-(2-ethylhexyl)                 3119..........  <=62...........  ...............  ...............  ................  .............  OP8..........  -15..........  -5...........  .............
 peroxydicarbonate [as a stable
 dispersion in water].

                                                                                          * * * * * * *
Di-(2-neodecanoyl-                3119..........  <=42...........  ...............  ...............  ................  .............  OP8..........  -15..........  -5...........  .............
 peroxyisopropyl) benzene, as
 stable dispersion in water.

                                                                                          * * * * * * *
3-Hydroxy-1,1-dimethylbutyl       3115..........  <=77...........  >=23...........  ...............  ................  .............  OP7..........  -5...........  +5...........  .............
 peroxyneodecanoate.

                                                                                          * * * * * * *
3-Hydroxy-1,1-dimethylbutyl       3119..........  <=52...........  ...............  ...............  ................  .............  OP8..........  -5...........  +5...........  .............
 peroxyneodecanoate [as a stable
 dispersion in water].

                                                                                          * * * * * * *
3-Hydroxy-1,1-dimethylbutyl       3117..........  <=52...........  >=48...........  ...............  ................  .............  OP8..........  -5...........  +5...........  .............
 peroxyneodecanoate.

                                                                                          * * * * * * *
Methyl isopropyl ketone           3109..........  (See remark 31)  >=70...........  ...............  ................  .............  OP8..........  .............  .............  31
 peroxide(s).

                                                                                          * * * * * * *
3,3,5,7,7-Pentamethyl-1,2,4-       3107.........  <=100..........  ...............  ...............  ................  .............  OP8..........  .............  .............  .............
 Trioxepane.

                                                                                         * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
* * * * *
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point > 130 [deg]C (266 [deg]F).
31. Available oxygen <=6.7%.

* * * * *
    (e) * * *





[[Page 2262]]



                                           Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
                                                                    Maximum
      UN No.             Organic peroxide        Type of IBC       quantity         Control         Emergency
                                                                   (liters)       temperature      temperature
----------------------------------------------------------------------------------------------------------------
[Remove]
                                                  * * * * * * *
3109                                              ORGANIC PEROXIDE, TYPE F, LIQUID

                                                  * * * * * * *
                    tert-Butyl peroxy-3,5,5-   31A............  1250.
                     trimethylhexanoate, not
                     more than 32% in diluent
                     type A.
                    .........................  31HA1..........  1000.

                                                  * * * * * * *
3119                                  ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED

                                                  * * * * * * *
                    tert-Butyl                 31A............  1250..........  -5 [deg]C......  +5 [deg]C.
                     peroxyneodecanoate, not
                     more than 42%, stable
                     dispersion, in water.
                    Di-(2-ethylhexyl)          31A............  1250..........  -20 [deg]C.....  -10 [deg]C.
                     peroxydicarbonate, not
                     more than 52%, staple
                     dispersion, in water.

                                                  * * * * * * *
[Add]

                                                  * * * * * * *
3109                                              ORGANIC PEROXIDE, TYPE F, LIQUID

                                                  * * * * * * *
                    tert-Butyl                 31A............  1250.
                     peroxybenzoate, not more
                     than 32% in diluent type
                     A.

                                                  * * * * * * *
                    tert-Butyl peroxy-3,5,5-   31A............  1250.
                     trimethylhexanoate, not
                     more than 37% in diluent
                     type A.
                                               31HA1..........  1000.

                                                  * * * * * * *
                    1,1-Di-(tert-Butylperoxy)  31A............  1250.
                     cyclohexane, not more
                     than 37% in diluent type
                     A.

                                                  * * * * * * *
3119                                  ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED

                                                  * * * * * * *
                    tert-Amyl peroxypivalate,  31A............  1250..........  +10 [deg]C.....  +15 [deg]C.
                     not more than 32% in
                     diluent type A.

                                                  * * * * * * *
                    tert-Butyl                 31A............  1250..........  -5 [deg]C......  +5 [deg]C.
                     peroxyneodecanoate, not
                     more than 52%, stable
                     dispersion, in water.

                                                  * * * * * * *
                    Di-(2-ethylhexyl)          31A............  1250..........  -20 [deg]C.....  -10 [deg]C.
                     peroxydicarbonate, not
                     more than 62%, staple
                     dispersion, in water.

                                                  * * * * * * *
                    Di-(2-                     31A............  1250..........  -15 [deg]C.....  -5 [deg]C.
                     neodecanoylperoxyisoprop
                     yl) benzene, not more
                     than 42%, stable
                     dispersion, in water.

                                                  * * * * * * *
                    3-Hydroxy-1,1-             31A............  1250..........  -15 [deg]C.....  -5 [deg]C.
                     dimethylbutyl peroxy-
                     neodecanoate, not more
                     than 52%, stable
                     dispersion, in water.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (g) * * *





[[Page 2263]]



                                                          Organic Peroxide Portable Tank Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Minimum shell
                                            Minimum test  thickness (mm- Bottom opening     Pressure
     UN No.          Hazardous material       pressure      reference     requirements       relief        Filling limits      Control       Emergency
                                               (bar)          steel)         See...       requirements                       temperature    temperature
                                                              See...                         See...
--------------------------------------------------------------------------------------------------------------------------------------------------------
[Remove]

                                                                      * * * * * * *
3119                                                     ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
                  Di-(3,5,5-trimethyl-     4............  Sec.           Sec.   178.275  Sec.   178.275  Not more than 90%  0 [deg]C.....  +5 [deg]C.
                   hexanoyl) peroxide,                     178.274        (d)(3).         (g)(1).         at 59 [deg]F (15
                   not more than 38% in                    (d)(2).                                        [deg]C).
                   diluent type A.

                                                                      * * * * * * *
[Add]

                                                                      * * * * * * *
3119                             ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
                  tert-Amyl                4............  Sec.           Sec.   178.275  Sec.   178.275  Not more than 90%  -10 [deg]C...  -5 [deg]C.
                   peroxyneodecanoate,                     178.274        (d)(3).         (g)(1).         at 59 [deg]F (15
                   not more than 47% in                    (d)(2).                                        [deg]C).
                   diluent type A.

                                                                      * * * * * * *
                  Di-(3,5,5-trimethyl-     4............  Sec.           Sec.   178.275  Sec.   178.275  Not more than 90%  0 [deg]C.....  +5 [deg]C.
                   hexanoyl) peroxide,                     178.274        (d)(3).         (g)(1).         at 59 [deg]F (15
                   not more than 38% in                    (d)(2).                                        [deg]C).
                   diluent type A or type
                   B.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
42. In Sec.  173.226, paragraph (c) is revised to read as follows:


Sec.  173.226  Materials poisonous by inhalation, Division 6.1, Packing 
Group I, Hazard Zone A.

* * * * *
    (c) In combination packagings, consisting of an inner packaging 
system and an outer packaging, as follows:
    (1) Outer packagings:

Steel drum: 1A2
Aluminum drum: 1B2
Metal drum, other than steel or aluminum: 1N2
Plywood drum: 1D
Fiber drum: 1G
Plastic drum: 1H2
Steel box: 4A
Aluminum box: 4B
Natural wood box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Expanded plastic box: 4H2
Solid plastic box: 4H2

    (2) Inner packaging system. The inner packaging system consists of 
two packagings:
    (i) an impact-resistant receptacle of glass, earthenware, plastic 
or metal securely cushioned with a non-reactive, absorbent material, 
and
    (A) Capacity of each inner receptacle may not exceed 4 L (1 
gallon).
    (B) An inner receptacle that has a closure must have a closure 
which is physically held in place by any means capable of preventing 
back-off or loosening of the closure by impact or vibration during 
transportation.
    (ii) Packed within a leak-tight packaging of metal or plastic.
    (iii) This combination packaging in turn is packed within the outer 
packaging.
    (3) Additional requirements:
    (i) The total amount of liquid contained in the outer packaging 
must not exceed 16 L (4 gallons).
    (ii) The inner packaging system must conform to the performance 
test requirements of subpart M of part 178 of this subchapter, at the 
Packaging Group I performance level when subjected to the following 
tests:
    (A) Sec.  178.603--Drop Test
    (B) Sec.  178.604--Leakproofness Test
    (C) Sec.  178.605--Hydrostatic Pressure Test
    (iii) The inner packaging system must meet the above tests without 
the benefit of the outer packaging.
    (iv) The leakproofness and hydrostatic pressure test may be 
conducted on either the inner receptacle or the outer packaging of the 
inner packaging system.
    (v) The outer package must conform to the performance test 
requirements of subpart M of part 178 of this subchapter, at the 
Packaging Group I performance level as applicable for the type of 
package being used.
* * * * *

0
43. Section 173.230 is revised to read as follows:


Sec.  173.230  Fuel cell cartridges containing hazardous material.

    (a) Requirements for Fuel Cell Cartridges. Fuel cell cartridges, 
including when contained in or packed with equipment, must be designed 
and constructed to prevent fuel leakage under normal conditions of 
transportation. Fuel cell cartridge design types using liquids as fuels 
must pass an internal pressure test at a gauge pressure of 100 kPa (15 
psig) without leakage. Except for fuel cell cartridges containing 
hydrogen in metal hydride which must be in conformance with paragraph 
(d) of this section, each fuel cell cartridge design type including 
when contained in or packed with equipment, must pass a 1.2 meter (3.9 
feet) drop test onto an unyielding surface in the orientation most 
likely to result in the failure of the containment system with no loss 
of contents. Fuel cell cartridges installed in or integral to a fuel 
cell system are regarded as contained in equipment. Fuel cell 
cartridges containing a Division 2.1, Division 4.3 or Class 8 material 
must meet the following additional requirements.
    (b) A fuel cell cartridge designed to contain a Division 4.3 or a 
Class 8 material may contain an activator provided it is fitted with 
two independent means of preventing unintended mixing with the fuel 
during transport.
    (c) Each fuel cell cartridge designed to contain a liquefied 
flammable gas must:

[[Page 2264]]

    (1) Be capable of withstanding, without leakage or bursting, a 
pressure of at least two times the equilibrium pressure of the contents 
at 55 [deg]C (131 [deg]F);
    (2) Contain no more than 200 mL of liquefied flammable gas with a 
vapor pressure not exceeding 1,000 kPa (150 psig) at 55 [deg]C (131 
[deg]F); and
    (3) Pass the hot water bath test prescribed in accordance with 
Sec.  173.306(a)(3)(v).
    (d) Each fuel cell cartridge designed to contain hydrogen in a 
metal hydride must conform to the following:
    (1) Each fuel cell cartridge must have a water capacity less than 
or equal to 120 mL (4 fluid ounces).
    (2) Each fuel cell cartridge must be a design type that has been 
subjected, without leakage or bursting, a pressure of at least two 
times the design pressure of the cartridge at 55 [deg]C (131 [deg]F) or 
200 kPa (30 psig) more than the design pressure of the cartridge at 55 
[deg]C (131 [deg]F), whichever is greater. The pressure at which the 
test is conducted is referred to as the ``minimum shell burst 
pressure.'' The pressure within the fuel cell cartridge must not exceed 
5 MPa (725 psig) at 55 [deg]C (131 [deg]F).
    (3) Each fuel cell cartridge must be filled in accordance with the 
procedure provided by the manufacturer. The manufacturer must provide 
the following information with each fuel cell cartridge:
    (i) Inspection procedures to be carried out before initial filling 
and before refilling of the fuel cell cartridge;
    (ii) Safety precautions and potential hazards to be aware of;
    (iii) A method of determining when the rated capacity has been 
achieved;
    (iv) Minimum and maximum pressure range;
    (v) Minimum and maximum temperature range; and
    (vi) Any other requirements to be met for initial filling and 
refilling including the type of equipment to be used.
    (4) Each fuel cell cartridge must be permanently marked with the 
following information:
    (i) The rated charging pressure in megapascals (MPa);
    (ii) The manufacturer's serial number of the fuel cell cartridges 
or unique identification number; and
    (iii) The expiration date based on the maximum service life (yyyy/
mm).
    (5) Design type tests: Each fuel cell cartridge design type must be 
subjected to and pass the following tests (this includes cartridges 
integral to a fuel cell):
    (i) Drop test. A 1.8 m (5.9 feet) drop test onto an unyielding 
surface must be performed. There must be no leakage. Leakage must be 
determined using a soap bubble solution or other equivalent means on 
all possible leak locations, when the fuel cell cartridge is charged to 
its rated charging pressure. The fuel cell cartridge must then be 
hydrostatically pressurized to destruction. The burst pressure must be 
greater than 85% of the minimum shell burst pressure. The drop must be 
performed in the following four different orientations:
    (A) Vertically, on the end containing the shut-off valve assembly;
    (B) Vertically, on the end opposite to the shut-off valve assembly;
    (C) Horizontally, onto a steel apex with a diameter of 3.8 cm (9.7 
in), with the steel apex in the upward position; and
    (D) At a 45[deg] angle on the end containing the shut-off valve 
assembly.
    (ii) Fire test. A fuel cell cartridge filled to rated capacity 
(with hydrogen) must be subjected to a fire engulfment test. The 
cartridge design (including design types with an integral vent feature) 
is deemed to pass the fire test if:
    (A) The internal pressure vents to zero gauge pressure without the 
rupture of the cartridge; or
    (B) The cartridge withstands the fire for a minimum of 20 minutes 
without rupture.
    (iii) Hydrogen cycling test. A fuel cell cartridge must be 
subjected to a hydrogen cycling test to ensure that the design stress 
limits are not exceeded during use. The fuel cell cartridge must be 
cycled from not more than 5% rated hydrogen capacity to not less than 
95% rated hydrogen capacity and back to not more than 5% rated hydrogen 
capacity. The rated charging pressure must be used for charging and 
temperatures must be within the operating temperature range. The 
cycling must be continued for at least 100 cycles. Following the 
cycling test the fuel cell cartridge must be charged and the water 
volume displaced by the cartridge must be measured. The cartridge 
design is deemed to pass the test if the water volume displaced by the 
cycled cartridge does not exceed the water volume displaced by an 
uncycled cartridge charged to 95% rated capacity and pressurized to 75% 
of its minimum shell burst pressure.
    (6) Production leak test. Each fuel cell cartridge must be tested 
for leaks at 15 [deg]C  5 [deg]C (59 [deg]F  9 
[deg]F) while pressurized to its rated charging pressure. There must be 
no leakage. Leakage must be determined using a soap bubble solution or 
other equivalent means on all possible leak locations.
    (e) The following packagings are authorized provided the general 
packaging requirements subpart B of part 173 of this subchapter are 
met:
    (1) For fuel cell cartridges, rigid packagings conforming to the 
requirements of part 178 of this subchapter at the packing group II 
performance level; and
    (2) Strong outer packagings for fuel cell cartridges contained in 
equipment or packed with equipment. Large equipment containing fuel 
cell cartridges may be transported unpackaged if the equipment provides 
an equivalent level of protection.
    (i) Fuel cell cartridges packed with equipment must be packed in 
intermediate packagings together with the equipment they are capable of 
powering. The fuel cell cartridges and the equipment must be packaged 
with cushioning material or dividers or inner packaging so that the 
fuel cell cartridges are protected against damage that may be caused by 
the shifting or placement of the equipment and the cartridges within 
the outer packaging; and
    (ii) Fuel cell cartridges installed in equipment must be protected 
against short circuits and the entire system must be protected from 
unintentional activation.
    (f) For transportation by aircraft, the following additional 
provisions apply:
    (1) The package must comply with the applicable provisions of Sec.  
173.27 of this subchapter;
    (2) For fuel cells contained in equipment, fuel cell systems must 
not charge batteries during transport;
    (3) For transportation aboard passenger aircraft, when contained in 
equipment, each fuel cell system and fuel cell cartridge must conform 
to IEC PAS 62282-6-1 Ed. 1 (IBR, see Sec.  171.7 of this subchapter) or 
a standard approved by the Associate Administrator;
    (4) For fuel cell cartridges packed with equipment, the maximum 
number of fuel cell cartridges in the intermediate packaging must be 
the minimum number required to power the equipment, plus 2 spares;
    (5) Large robust articles containing fuel cells may be transported 
unpackaged when approved by the Associate Administrator; and
    (6) The mass of a fuel cell cartridge containing a Division 4.3 or 
Class 8 materials must be not more than 1 kg (2.2 lbs).
    (7) Fuel cell cartridges intended for transportation in carry-on 
baggage on board passenger aircraft must comply with paragraphs (a), 
(b), (c), (d) in this section and the applicable provisions prescribed 
in Sec.  175.10 of this subchapter.

[[Page 2265]]

    (g) Limited quantities. Limited quantities of hazardous materials 
contained in fuel cell cartridges are excepted from the labeling, 
placarding and the specification packaging requirements of this 
subchapter when packaged according to this section. Each package must 
conform to the packaging requirements of subpart B of this part and may 
not exceed 30 kg (66 pounds) gross weight. Limited quantities of fuel 
cell cartridges are not permitted for transportation by aircraft. For 
transportation by highway, rail and vessel, the following combination 
packagings are authorized:
    (1) For flammable liquids, in fuel cell cartridges containing not 
more than 1.0 L (0.3 gallon), packed in strong outer packaging.
    (2) For water-reactive substances (Division 4.3 Dangerous when wet 
material), in fuel cell cartridges containing not more than 0.5 L (16.9 
fluid ounces) for liquids or not over 0.5 kg (1.1 pound) for solids, 
packed in strong outer packaging.
    (3) For corrosive materials, in fuel cell cartridges containing not 
more than 1.0 L (0.3 gallon) for liquids or not more than 1.0 kg (2.2 
pounds) for solids packed in strong outer packaging.
    (4) For liquefied (compressed) flammable gas, in fuel cell 
cartridges not over 120 mL (4 fluid ounces) net capacity each, packed 
in strong outer packaging.
    (5) For hydrogen in metal hydride, in fuel cell cartridges not over 
120 mL (4 fluid ounces) net capacity each, packed in strong outer 
packaging.
    (h) Consumer commodities. A limited quantity which conforms to the 
provisions of paragraph (g) of this section and is a ``consumer 
commodity'' as defined in Sec.  171.8 of this subchapter may be renamed 
``Consumer commodity'' and reclassed as ORM-D. In addition to the 
exceptions provided in paragraph (g) of this section, shipments of ORM-
D materials are not subject to the shipping paper requirements of 
subpart C of part 172 of this subchapter, unless the material meets the 
definition of a hazardous substance, hazardous waste, marine pollutant, 
and are eligible for the exceptions provided in Sec.  173.156.
0
44. Section 173.304b is revised to read as follows:


Sec.  173.304b  Additional requirements for shipment of liquefied 
compressed gases in UN pressure receptacles.

    (a) General. Liquefied gases and gas mixtures must be offered for 
transportation in UN pressure receptacles subject to the requirements 
in this section and Sec.  173.304. In addition, the general 
requirements applicable to UN pressure receptacles in Sec. Sec.  
173.301 and 173.301b must be met.
    (b) UN pressure receptacle filling limits. A UN pressure receptacle 
is authorized for the transportation of liquefied compressed gases and 
gas mixtures as specified in this section. When a liquefied compressed 
gas or gas mixture is transported in a UN pressure receptacle, the 
filling ratio may not exceed the maximum filling ratio prescribed in 
this section and the applicable ISO standard. Compliance with the 
filling limits may be determined by referencing the numerical values 
and data in Table 2 of P200 of the UN Recommendations (IBR, see Sec.  
171.7 of this subchapter). Alternatively, the maximum allowable filling 
limits may be determined as follows:
    (1) For high pressure liquefied gases, in no case may the filling 
ratio of the settled pressure at 65 [deg]C (149 [deg]F) exceed the test 
pressure of the UN pressure receptacle.
    (2) For low pressure liquefied gases, the filling factor (maximum 
mass of contents per liter of water capacity) must be less than or 
equal to 95 percent of the liquid phase at 50 [deg]C. In addition, the 
UN pressure receptacle may not be liquid full at 60 [deg]C. The test 
pressure of the pressure receptacle must be equal to or greater than 
the vapor pressure of the liquid at 65 [deg]C.
    (3) For high pressure liquefied gases or gas mixtures, the maximum 
filling ratio may be determined using the formulas in (3)(b) of P200 of 
the UN Recommendations.
    (4) For low pressure liquefied gases or gas mixtures, the maximum 
filling ratio may be determined using the formulas in (3)(c) of P200 of 
the UN Recommendations.
    (c) Tetraflouroethylene, stabilized, UN1081 must be packaged in a 
pressure receptacle with a minimum test pressure of 200 bar and a 
working pressure not exceeding 5 bar.
    (d) Fertilizer ammoniating solution with free ammonia, UN1043 is 
not authorized in UN tubes or MEGCs.

0
45. In Sec.  173.306, new paragraph (a)(5) is added; and paragraphs 
(b)(1), (b)(2), (b)(3), (i), and (j) are revised to read as follows:


Sec.  173.306  Limited quantities of compressed gases.

    (a) * * *
    (5) For limited quantities of Division 2.2 gases with no subsidiary 
risk, when in a plastic container for the sole purpose of expelling a 
liquid, paste or powder, provided all of the following conditions are 
met. Special exceptions for shipment of aerosols in the ORM-D class are 
provided in paragraph (i) of this section.
    (i) Capacity must not exceed 1 L (61.0 cubic inches).
    (ii) Pressure in the container must not exceed 160 psig at 130 
[deg]F. If the pressure in the container is less than 140 psig at 130 
[deg]F, a non-DOT specification container may be used. If the pressure 
in the container exceeds 140 psig at 130 [deg]F but does not exceed 160 
psig at 130 [deg]F, the container must conform to specification DOT 2S. 
All non-DOT specification and specification DOT 2S containers must be 
capable of withstanding, without bursting, a pressure of one and one-
half times the equilibrium pressure of the contents at 130 [deg]F.
    (iii) Liquid content of the material and gas must not completely 
fill the container at 130 [deg]F.
    (iv) The container must be packed in strong outside packagings.
    (v) Each container must be subjected to a test performed in a hot 
water bath; the temperature of the bath and the duration of the test 
must be such that the internal pressure reaches that which would be 
reached at 55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the 
liquid phase does not exceed 95% of the capacity of the container at 50 
[deg]C (122 [deg]F). If the contents are sensitive to heat, the 
temperature of the bath must be set at between 20 [deg]C (68 [deg]F) 
and 30 [deg]C (86 [deg]F) but, in addition, one container in 2,000 must 
be tested at the higher temperature. No leakage or permanent 
deformation of a container may occur.
    (vi) Each outside packaging must be marked ``INSIDE CONTAINERS 
COMPLY WITH PRESCRIBED REGULATIONS.''
* * * * *
    (b) * * *
    (1) Foodstuffs or soaps in a nonrefillable metal or plastic 
container not exceeding 1 L (61.0 cubic inches), with soluble or 
emulsified compressed gas, provided the pressure in the container does 
not exceed 140 psig at 130 [deg]F. Plastic containers must only contain 
Division 2.2 non-flammable soluble or emulsified compressed gas. The 
metal or plastic container must be capable of withstanding, without 
bursting, a pressure of one and one-half times the equilibrium pressure 
of the contents at 130 [deg]F.
    (i) Containers must be packed in strong outside packagings.
    (ii) Liquid content of the material and the gas must not completely 
fill the container at 130 [deg]F.
    (iii) Each outside packaging must be marked ``INSIDE CONTAINERS

[[Page 2266]]

COMPLY WITH PRESCRIBED REGULATIONS.''
    (2) Cream in refillable metal or plastic containers with soluble or 
emulsified compressed gas. Plastic containers must only contain 
Division 2.2 non-flammable soluble or emulsified compressed gas. 
Containers must be of such design that they will hold pressure without 
permanent deformation up to 375 psig and must be equipped with a device 
designed so as to release pressure without bursting of the container or 
dangerous projection of its parts at higher pressures. This exception 
applies to shipments offered for transportation by refrigerated motor 
vehicles only.
    (3) Nonrefillable metal or plastic containers charged with a 
Division 6.1 Packing Group III or nonflammable solution containing 
biological products or a medical preparation which could be 
deteriorated by heat, and compressed gas or gases. Plastic containers 
must only contain 2.2 non-flammable soluble or emulsified compressed 
gas. The capacity of each container may not exceed 35 cubic inches 
(19.3 fluid ounces). The pressure in the container may not exceed 140 
psig at 130 [deg]F, and the liquid content of the product and gas must 
not completely fill the containers at 130 [deg]F. One completed 
container out of each lot of 500 or less, filled for shipment, must be 
heated, until the pressure in the container is equivalent to 
equilibrium pressure of the contents at 130 [deg]F. There must be no 
evidence of leakage, distortion, or other defect. The container must be 
packed in strong outside packagings.
* * * * *
    (i) Consumer commodities. A limited quantity which conforms to the 
provisions of paragraph (a)(1), (a)(3), (a)(5), or (b) of this section 
and is a ``consumer commodity'' as defined in Sec.  171.8 of this 
subchapter, may be renamed ``consumer commodity'' and reclassed as ORM-
D material. Each package may not exceed 30 kg (66 pounds) gross weight. 
In addition to the exceptions provided by paragraphs (a) and (b) of 
this section--
    (1) Outside packagings are not required to be marked ``INSIDE 
CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS'';
    (2) Shipments of ORM-D materials are not subject to the shipping 
paper requirements of subpart C of part 172 of this subchapter, unless 
the material meets the definition of a hazardous substance, a hazardous 
waste, or a marine pollutant or unless offered for transportation or 
transported by aircraft; and
    (3) Shipments of ORM-D materials are eligible for the exceptions 
provided in Sec.  173.156.
    (j) Aerosols and receptacles small, containing gas with a capacity 
of less than 50 mL. Aerosols, as defined in Sec.  171.8 of this 
subchapter, and receptacles small, containing gas, with a capacity not 
exceeding 50 mL (1.7 oz.) and with a pressure not exceeding 970 kPa 
(141 psig) at 55 [deg]C (131 [deg]F), containing no hazardous materials 
other than a Division 2.2 gas, are not subject to the requirements of 
this subchapter. The pressure limit may be increased to 2,000 kPa (290 
psig) at 55 [deg]C (131 [deg]F) provided the aerosols are transported 
in outer packages that conform to the packaging requirements of Subpart 
B of this part. This paragraph (j) does not apply to a self-defense 
spray (e.g., pepper spray).

0
46. In Sec.  173.307, new paragraph (a)(5) is added to read as follows:


Sec.  173.307  Exceptions for compressed gases.

    (a) * * *
    (5) Manufactured articles or apparatuses, each containing not more 
than 100 mg (0.0035 ounce) of inert gas and packaged so that the 
quantity of inert gas per package does not exceed 1 g (0.35 ounce).
* * * * *

0
47. In Sec.  173.322, paragraph (d) is revised to read as follows:


Sec.  173.322  Ethyl chloride.

* * * * *
    (d) In specification cylinders as prescribed for any compressed gas 
except acetylene. Cylinders made of aluminum alloy are not authorized.

PART 175--CARRIAGE BY AIRCRAFT

0
48. The authority citation for part 175 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.45 and 1.53.


0
49. In Sec.  175.10, paragraphs (a) introductory text, (a)(10), 
(a)(15)(i) through (iv), (a)(17), and (a)(18) are revised and a new 
paragraph (c) is added to read as follows:


Sec.  175.10  Exceptions for passengers, crewmembers, and air 
operators.

    (a) This subchapter does not apply to the following hazardous 
materials when carried by aircraft passengers or crewmembers provided 
the requirements of Sec. Sec.  171.15 and 171.16 (see paragraph (c) of 
this section) and the requirements of this section are met:
* * * * *
    (10) Dry ice (carbon dioxide, solid), with the approval of the 
operator:
    (i) Quantities may not exceed 2.5 kg (5.5 pounds) per person when 
used to pack perishables not subject to the HMR. The package must 
permit the release of carbon dioxide gas; and
    (ii) When carried in checked baggage, each package is marked ``DRY 
ICE'' or ``CARBON DIOXIDE, SOLID,'' and marked with the net weight of 
dry ice or an indication the net weight is 2.5 kg (5.5 pounds) or less.
* * * * *
    (15) * * *
    (i) The battery meets the requirements of Sec.  173.159a(d) of this 
subchapter for non-spillable batteries;
    (ii) Visual inspection including removal of the battery, where 
necessary, reveals no obvious defects (removal of the battery from the 
housing should be performed by qualified airline personnel only);
    (iii) The battery is disconnected and the battery terminals are 
protected to prevent short circuits, unless the wheelchair or mobility 
aid design provides an effective means of preventing unintentional 
activation, and
    (iv) The battery is--
    (A) Securely attached to the wheelchair or mobility aid;
    (B) Is removed and placed in a strong, rigid packaging marked 
``NONSPILLABLE BATTERY'' (unless fully enclosed in a rigid housing that 
is properly marked), or
    (C) Is handled in accordance with paragraph (a)(16)(iv) of this 
section.
* * * * *
    (17) Except as provided in Sec.  173.21 of this subchapter, 
portable electronic devices (for example, watches, calculating 
machines, cameras, cellular phones, lap-top and notebook computers, 
camcorders, etc.) containing cells or batteries (including lithium 
cells or batteries) and spare batteries and cells for these devices, 
when carried by passengers or crew members for personal use. Each spare 
battery must be individually protected so as to prevent short circuits 
(by placement in original retail packaging or by otherwise insulating 
terminals, e.g., by taping over exposed terminals or placing each 
battery in a separate plastic bag or protective pouch) and carried in 
carry-on baggage only. In addition, each installed or spare battery 
must not exceed the following:
    (i) For a lithium metal battery, a lithium content of not more than 
2 grams per battery; or
    (ii) For a lithium-ion battery, an aggregate equivalent lithium 
content of not more than 8 grams per battery, except that up to two 
batteries with an aggregate equivalent lithium content of

[[Page 2267]]

more than 8 grams but not more than 25 grams may be carried.
    (18) Portable electronic devices (for example, cameras, cellular 
phones, laptop computers, and camcorders) powered by fuel cell systems, 
and not more than two spare fuel cell cartridges per passenger or crew 
member, when transported in carry-on baggage for personal use under the 
following conditions:
    (i) Fuel cell cartridges may contain only Division 2.1 liquefied 
flammable gas, or hydrogen in a metal hydride, Class 3 flammable 
liquids (including methanol), Division 4.3 water reactive substances, 
or Class 8 corrosive materials;
    (ii) The maximum quantity of fuel in any fuel cell cartridge may 
not exceed:
    (A) 200 mL (6.76 ounces) for liquids,
    (B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic 
fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in 
metal fuel cell cartridges;
    (C) 200 g (7 ounces) for solids; or
    (D) 120 mL (4 fluid ounces) for hydrogen in a metal hydride.
    (iii) No more than two spare fuel cell cartridges may be carried by 
a passenger;
    (iv) Fuel cell systems containing fuel and fuel cell cartridges 
including spare cartridges are permitted in carry-on baggage only;
    (v) Fuel cell cartridges containing hydrogen in a metal hydride 
must meet the requirements in Sec.  173.230(d);
    (vi) Fuel cell cartridges may not be refillable by the user. 
Refueling of fuel cell systems is not permitted except that the 
installation of a spare cartridge is allowed. Fuel cell cartridges that 
are used to refill fuel cell systems but that are not designed or 
intended to remain installed (fuel cell refills) in a portable 
electronic device are not permitted;
    (vii) Fuel cell systems and fuel cell cartridges must conform to 
IEC/PAS 62282-6-1 (IBR; see Sec.  171.7 of this subchapter);
    (viii) Interaction between fuel cells and integrated batteries in a 
device must conform to IEC/PAS 62282-6-1 (IBR, see Sec.  171.7 of this 
subchapter). Fuel cell systems for which the sole function is to charge 
a battery in the device are not permitted;
    (ix) Fuel cell systems must be of a type that will not charge 
batteries when the consumer electronic device is not in use; and
    (x) Each fuel cell cartridge and system that conforms to the 
requirements in this paragraph (a)(18) must be durably marked by the 
manufacturer with the wording: ``APPROVED FOR CARRIAGE IN AIRCRAFT 
CABIN ONLY'' to certify that the fuel cell cartridge or system meets 
the specifications in IEC/PAS 62282-6-1 (IBR, see Sec.  171.7 of this 
subchapter) and with the maximum quantity and type of fuel contained in 
the cartridge or system.
* * * * *
    (c) The requirements to submit incident reports as required under 
Sec. Sec.  171.15 and 171.16 of this subchapter apply to the air 
carrier.


0
50. In Sec.  175.33, paragraphs (a)(1)(i) and (c)(4) are revised and a 
new paragraph (a)(11) is added to read as follows:


Sec.  175.33  Shipping paper and notification of pilot-in-command.

* * * * *
    (a) * * *
    (1) * * *
    (i) Section 172.101 of this subchapter. Except for the requirement 
to indicate the type of package, any additional description 
requirements provided in Sec. Sec.  172.202, and 172.203 of this 
subchapter must also be shown on the notification.
* * * * *
    (11) For UN1845, Carbon dioxide, solid (dry ice), only the UN 
number, proper shipping name, hazard class, total quantity in each hold 
aboard the aircraft, and the airport at which the package(s) is to be 
unloaded must be provided.
* * * * *
    (c) * * *
    (4) Make available, upon request, to an authorized official of a 
Federal, State, or local government agency (including an emergency 
responder(s)) at reasonable times and locations, the documents or 
information required to be retained by this paragraph. In the event of 
a reportable incident, as defined in Sec.  171.15 of this subchapter, 
make immediately available to an authorized official of a Federal, 
State, or local government agency (including an emergency responders), 
the documents or information required to be retained by this paragraph.
* * * * *

0
51. In Sec.  175.75, paragraph (d) and (e) are revised, and add a new 
paragraph (f) to read as follows:


Sec.  175.75  Quantity limitations and cargo location.

* * * * *
    (d) Each package displaying a ``Cargo Aircraft Only'' label must be 
loaded on cargo aircraft as follows:
    (1) In a manner that a crew member or other authorized person can 
access, handle and when size and weight permit, separate such packages 
from other cargo during flight;
    (2) In a cargo compartment certified by FAA as a Class C aircraft 
cargo compartment as defined in 14 CFR 25.857(c); or
    (3) In an FAA-certified freight container that has an approved fire 
or smoke detection system and fire suppression system equivalent to 
that required by the certification requirements for a Class C aircraft 
cargo compartment.
    (e) For cargo aircraft only, the requirements of paragraph (c) and 
(d) do not apply to the following hazardous materials:
    (1) Class 3--Packing Group III (that do not meet the definition of 
another hazard class), Division 6.1 (except those also labeled 
FLAMMABLE), Division 6.2, Class 7, Class 9 or ORM-D.
    (2) Division 2.2 in that an additional 75 kg (165 pounds) net 
weight of Division 2.2 material is authorized in inaccessible 
locations.
    (3) Packages of hazardous materials transported aboard a cargo 
aircraft, when other means of transportation are impracticable or not 
available, in accordance with procedures approved in writing by the FAA 
Regional or Field Security Office in the region where the operator is 
located.
    (4) Packages of hazardous materials carried on small, single pilot, 
cargo aircraft if:
    (i) No person is carried on the aircraft other than the pilot, an 
FAA inspector, the shipper or consignee of the material, a 
representative of the shipper or consignee so designated in writing, or 
a person necessary for handling the material;
    (ii) The pilot is provided with written instructions on the 
characteristics and proper handling of the materials; and
    (iii) Whenever a change of pilots occurs while the material is on 
board, the new pilot is briefed under a hand-to-hand signature service 
provided by the operator of the aircraft.
    (f) At a minimum, quantity limits and loading instructions in the 
following quantity and loading tables must be followed to maintain 
acceptable quantity and loading between packages containing hazardous 
materials. These requirements do not apply to Class 9 or ORM-D 
materials. For cargo aircraft only packages containing hazardous 
materials, packages loaded in conformance with paragraph (d) of this 
section are considered accessible for the purposes of the Cargo Only 
Aircraft table. The quantity and loading tables are as follows:
* * * * *

[[Page 2268]]


0
52. In Sec.  175.88, paragraph (c) is revised to read as follows:


Sec.  175.88  Inspection, orientation and securing packages of 
hazardous materials.

* * * * *
    (c) Packages containing hazardous materials must be secured in an 
aircraft in a manner that will prevent any shifting or any change in 
the orientation of the packages. Packages containing Class 7 
(radioactive) materials must be secured in a manner that ensures that 
the separation requirements of Sec. Sec.  175.701 and 175.702 will be 
maintained at all times during flight.


0
53. In Sec.  175.700, paragraph (a) is revised to read as follows:


Sec.  175.700  Special limitations and requirements for Class 7 
materials.

    (a) Except as provided in Sec. Sec.  173.4a, 173.422 and 173.423 of 
this subchapter, no person may carry any Class 7 materials aboard a 
passenger-carrying aircraft unless that material is intended for use 
in, or incident to research (See Sec.  171.8 of this subchapter), 
medical diagnosis or treatment. Regardless of its intended use, no 
person may carry a Type B(M) package aboard a passenger-carrying 
aircraft, a vented Type B(M) package aboard any aircraft, or a liquid 
pyrophoric Class 7 material aboard any aircraft.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
54. The authority citation for part 176 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


0
55. In Sec.  176.2, the definition for ``Commandant (G-MSO), USCG'' is 
revised to read as follows:


Sec.  176.2  Definitions.

* * * * *
    Commandant (CG-522), USCG means the Chief, Office of Operating and 
Environmental Standards, United States Coast Guard, Washington, DC 
20593-0001.
* * * * *

0
56. In Sec.  176.3, paragraph (a) is revised to read as follows:


Sec.  176.3  Unacceptable hazardous materials shipments.

    (a) A carrier may not transport by vessel any shipment of a 
hazardous material that is not prepared for transportation in 
accordance with parts 172 and 173 of this subchapter, or as authorized 
by subpart C of part 171 of this subchapter.
* * * * *

0
57. In Sec.  176.84, in paragraph (b), in the Table of provisions, Code 
``134'', Code ``139'' and Code ``140'' are removed; and new Codes 
``145'' and ``146'' are added in the appropriate numerical order to 
read as follows:


Sec.  176.84  Other requirements for stowage and segregation for cargo 
vessels and passenger vessels.

* * * * *
    (b) * * *

------------------------------------------------------------------------
             Code                              Provisions
------------------------------------------------------------------------

                                * * * * *
145..........................  Stow ``separated from'' ammonium
                                compounds except for UN1444.
146..........................  Category B stowage applies for unit loads
                                in open cargo transport units.
------------------------------------------------------------------------

* * * * *

0
58. In Sec.  176.172, paragraph (a) introductory text is revised to 
read as follows:


Sec.  176.172  Structural serviceability of freight containers and 
vehicles carrying Class 1 (explosive) materials on ships.

    (a) Except for Division 1.4 materials, a freight container may not 
be offered for the carriage of Class 1 (explosive) materials, unless 
the container is structurally serviceable as evidenced by a current CSC 
(International Convention for Safe Containers) approval plate and 
verified by a detailed visual examination as follows:
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
59. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


0
60. In Subpart B of Part 178, add and reserve Sec.  178.33b and add new 
Sec. Sec.  178.33b-1 through 178.33b-9 to read as follows:

Sec.
178.33b Specification 2S; inner nonrefillable plastic receptacles 
[Reserved]
178.33b-1 Compliance.
178.33b-2 Type and size.
178.33b-3 Inspection.
178.33b-4 Duties of inspector.
178.33b-5 Material.
178.33b-6 Manufacture.
178.33b-7 Design Qualification Test.
178.33b-8 Production Tests.
178.33b-9 Marking.


Sec.  178.33b  Specification 2S; inner nonrefillable plastic 
receptacles [Reserved]


Sec.  178.33b-1  Compliance.

    (a) Required in all details.
    (b) [Reserved]


Sec.  178.33b-2  Type and size.

    (a) Single-trip inside containers.
    (b) The maximum capacity of containers in this class shall not 
exceed one liter (61.0 cubic inches). The maximum inside diameter shall 
not exceed 3 inches.


Sec.  178.33b-3  Inspection.

    (a) By competent inspector.
    (b) [Reserved]


Sec.  178.33b-4  Duties of inspector.

    (a) To inspect material and completed containers and witness tests, 
and to reject defective materials or containers.
    (b) [Reserved]


Sec.  178.33b-5  Material.

    (a) The receptacles must be constructed of polyethylene 
terephthalate (PET), polyethylene napthalate (PEN), polyamide (Nylon) 
or a blend of PET, PEN, ethyl vinyl alcohol (EVOH) and/or Nylon.
    (b) Material with seams, cracks, laminations or other injurious 
defects are forbidden.


Sec.  178.33b-6  Manufacture.

    (a) Each container must be manufactured by thermoplastic processes 
that will assure uniformity of the completed container. No used 
material other than production residues or regrind from the same 
manufacturing process may be used. The packaging must be adequately 
resistant to aging and to degradation caused either by the substance 
contained or by ultraviolet radiation.
    (b) [Reserved]


Sec.  178.33b-7  Design Qualification Test.

    (a) Drop Testing.
    (1) To ensure that creep does not affect the ability of the 
container type to retain the contents, each container type shall be 
drop tested as follows: three groups of twenty-five filled containers 
shall be dropped from 1.8m on to a rigid, non-resilient, flat and 
horizontal surface. One group must be conditioned at 38 [deg]C (100 
[deg]F) for 26 weeks, the second group for 100 hours at 50 [deg]C (122 
[deg]F) and the third group for 18 hours at 55 [deg]C (131 [deg]F), 
prior to performing the drop test.
    (2) Criteria for passing the drop test: the containers must not 
break or leak.
    (b) [Reserved]


Sec.  178.33b-8  Production Tests.

    (a) Burst Testing. (1) One out of each lot of 5,000 containers or 
less, successively produced per day must be pressure tested to 
destruction and must not burst below 240 psig. The container

[[Page 2269]]

tested must be complete as intended for transportation.
    (2) Each such 5,000 containers or less, successively produced per 
day, shall constitute a lot and if the test container shall fail, the 
lot shall be rejected or ten additional containers may be selected at 
random and subjected to the test under which failure occurred. These 
containers shall be complete as intended for transportation. Should any 
of the ten containers thus tested fail, the entire lot must be 
rejected. All containers constituting a lot shall be of like material, 
size, design construction, finish, and quality.
    (b) Leak Testing. (1) Each empty container must be subjected to a 
pressure equal to or in excess of the maximum expected in the filled 
containers at 55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the 
liquid phase does not exceed 95 percent of the capacity of the 
container at 50 [deg]C (122 [deg]F). This must be at least two-thirds 
of the design pressure of the aerosol dispenser. If any container shows 
evidence of leakage at a rate equal to or greater than 3.3 x 
10-2mbar.l.s-1 at 20 [deg]C (68 [deg]F), at the 
test pressure, distortion or other defect, it must be rejected.
    (2) Prior to filling, the filler must ensure that the crimping 
equipment is set appropriately and the specified propellant is used. 
Once filled, each container must be weighed and leak tested. The leak 
detection equipment must be sufficiently sensitive to detect at least a 
leak rate of 2.0 x 10-3mbar.l.s-1 at 20 [deg]C 
(68 [deg]F). Any filled container which shows evidence of leakage, 
deformation, or excessive weight must be rejected.


Sec.  178.33b-9  Marking.

    (a) Each container must be clearly and permanently marked to show:
    (1) DOT-2S.
    (2) Name or symbol of person making the mark specified in paragraph 
(a)(1) of this section. Symbol, if used, must be registered with the 
Associate Administrator.
    (b) [Reserved]

0
61. In Sec.  178.502, paragraph (d) is revised and a note to the 
section is added to read as follows:


Sec.  178.502  Identification codes for packagings.

* * * * *
    (d) Identification codes are set forth in the standards for 
packagings in Sec. Sec.  178.504 through 178.523 of this subpart.

    Note to Sec.  178.502: Plastics materials include other 
polymeric materials such as rubber.


0
62. In Sec.  178.703, paragraph (a)(1)(vii) is revised to read as 
follows:


Sec.  178.703  Marking of IBCs.

    (a) * * *
    (1) * * *
    (vii)(A) The stacking test load in kilograms (kg). For IBCs not 
designed for stacking, the figure ``0'' and the symbol for IBCs not 
capable of being stacked must be displayed. For IBCs designed for 
stacking, the maximum permitted stacking load applicable when the IBC 
is in use must be included with the symbol for IBCs capable of being 
stacked. All IBCs manufactured, repaired or remanufactured after 
January 1, 2011 must display the applicable symbol as follows:
[GRAPHIC] [TIFF OMITTED] TR14JA09.003

    (B) The symbol shall be not less than 100 mm (3.9 inches) x 100 mm 
(3.9 inches), be durable and clearly visible. The letters and numbers 
shall be at least 12 mm high (.48 inches). The mass marked above the 
symbol shall not exceed the load imposed during the design test divided 
by 1.8.
* * * * *

0
63. In Sec.  178.801, paragraph (f)(1)(i) is revised to read as 
follows:


Sec.  178.801  General requirements.

* * * * *
    (f) * * *
    (1) * * *
    (i) The IBC need not have its closures fitted, except that the IBC 
must be fitted with its primary bottom closure.
* * * * *

0
64. In Sec.  178.810, paragraph (e) is revised to read as follows:


Sec.  178.810  Drop test.

* * * * *
    (e) Criteria for passing the test. For all IBC design types, there 
may be no damage which renders the IBC unsafe to be transported for 
salvage or for disposable, and no loss of contents. The IBC shall be 
capable of being lifted by an appropriate means until clear of the 
floor for five minutes. A slight discharge from a closure upon impact 
is not considered to be a failure of the IBC provided that no further 
leakage occurs. A slight discharge (e.g., from closures or stitch 
holes) upon impact is not considered a failure of the flexible IBC 
provided that no further leakage occurs after the IBC has been raised 
clear of the ground.


[[Page 2270]]


    Issued in Washington, DC on December 30, 2008, under authority 
delegated in 49 CFR part 1.
Carl T. Johnson,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. E8-31383 Filed 1-13-09; 8:45 am]

BILLING CODE 4910-60-P
