
[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Rules and Regulations]
[Pages 82163-82179]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33358]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172, 173, 175, and 176

[Docket No. PHMSA-2009-0126 (HM-215K)]
RIN 2137-AE76


Hazardous Materials: Harmonization With the United Nations 
Recommendations on the Transport of Dangerous Goods: Model Regulations, 
International Maritime Dangerous Goods Code, and the International 
Civil Aviation Organization Technical Instructions for the Safe 
Transport of Dangerous Goods by Air

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

ACTION: Final rule.

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SUMMARY: This document responds to administrative appeals, provides 
clarifications, and corrects typographical and other minor errors 
adopted in an international harmonization final rule published January 
19, 2011 (HM-215K; 76 FR 3308). The final rule amended the Hazardous 
Materials Regulations (HMR) by revising, removing or adding proper 
shipping names, the hazard class of a material, packing group 
assignments, special provisions, packaging authorizations, packaging 
sections, air transport quantity limitations, and vessel stowage 
requirements. The amendments were necessary to align the HMR with 
recent revisions to international standards for the transport of 
hazardous materials by all modes.

DATES: Effective Date: January 1, 2012.
    Voluntary compliance date: PHMSA is authorizing voluntary 
compliance beginning December 30, 2011.

ADDRESSES: For access to the docket to read background documents, 
including those referenced in this document, or to read comments 
received, go to http://www.regulations.gov at any time and insert 
``PHMSA-2009-0126'' in the ``Keyword'' box, and then click ``Search.'' 
You may also view the docket online by visiting the Docket Management 
Facility in Room W12-140, DOT Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t. Monday through Friday, 
except Federal holidays.
    Anyone is able to search the electronic form for all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
U.S. Department of Transportation's (DOT) complete Privacy Act 
Statement in the Federal Register published on January 17, 2008 (73 FR 
3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Michael Stevens, telephone (202) 366-
8553, or Shane Kelley, telephone (202) 366-0656, Standards and 
Rulemaking Division, telephone (202) 366-8553, 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. Administrative Appeals Filed in Response to the HM-215K Final 
Rule

[[Page 82164]]

    A. Use of the Square-on-Point With Identification Number Limited 
Quantity Marking
    B. Fuel Cell Cartridges
    1. Fuel Cell Cartridges Transported as ORM-D by Aircraft
    2. Fuel Cell Systems and Cartridges Aboard Passenger-Carrying 
Aircraft
    C. General Requirements for Transportation by Aircraft
    D. Self-Reactive Material as a Limited Quantity
III. Clarification of the HM-215K Final Rule
    A. Use of the Limited Quantity ``Y'' Marking
    B. General Requirements for Transportation by Aircraft
    C. Packaging Requirements for Metal Hydride Storage Systems
IV. Section-by-Section Review of Changes
V. Summary of Changes Related to Limited Quantity Material and ORM-D
VI. 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 
Procedures and Policies
    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

    On January 19, 2011, PHMSA published a final rule under Docket 
PHMSA-2009-0126 (HM-215K; 76 FR 3308) that revised the Hazardous 
Materials Regulations (HMR; 49 CFR Parts 171-180) to align with various 
international standards. The final rule adopted amendments to the HMR 
regarding hazard communication, hazard classification including packing 
group assignment, packaging authorization, air transport quantity 
limitations, and various other international harmonization-related 
topics. The amendments were necessary to align the HMR with the latest 
revisions to the International Civil Aviation Organization's Technical 
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO 
Technical Instructions), the International Maritime Organization's 
Dangerous Goods Code (IMDG Code), Transport Canada's Transportation of 
Dangerous Goods Regulations (TDG Regulations), and the United Nations 
Recommendations on the Transport of Dangerous Goods: Model Regulations 
(UN Model Regulations) to facilitate to the seamless transportation of 
hazardous materials internationally, to, through and from the United 
States.
    In this document, PHMSA responds to administrative appeals, 
provides clarifications, and corrects typographical and other minor 
errors adopted in the January 19, 2011 final rule.

II. Administrative Appeals Filed in Response to the HM-215K Final Rule

    In response to the January 19, 2011 final rule, administrative 
appeals were submitted by the following companies and organizations:

American Coatings Association (ACA)
Association of Hazmat Shippers, Inc. (AHS)
Dangerous Goods Advisory Council, Inc. (DGAC)
Fuel Cell and Hydrogen Energy Association (FCHEA)
Healthcare Distribution Management Association (HDMA)
International Air Transport Association (IATA)
Patton Boggs, LLP., on behalf of Lilliputian Systems, Inc. (LSI)
PPG Industries (PPG)
Sporting Arms & Ammunition Manufacturer's Institute (SAAMI)

    The administrative appeals addressed in this document are discussed 
in detail below. Because some of the issues raised by appellants 
require notice and public comment under the Administrative Procedure 
Act (APA; 5 U.S.C. 553), they are being proposed in a separate notice 
of proposed rulemaking (NPRM) under this docket number (PHMSA-2009-
0126; RIN 2137-AE83). For example, FCHEA and LSI requested that PHMSA 
revise Sec.  175.10 to align with the ICAO Technical Instructions and 
allow spare fuel cell cartridges containing Division 2.1 flammable gas 
to be carried in checked baggage. We are also aware of recent actions 
taken by the International Civil Aviation Organization's Dangerous 
Goods Panel regarding certain lithium ion battery-powered mobility aids 
(e.g., wheelchairs, travel scooters) offered by passengers for air 
transport. Such actions could affect the outcome of the administrative 
appeal submitted by IATA in response to the January 19, 2011 final rule 
and, therefore, those actions will also be addressed in the separate 
NPRM.
    We can, however, in some instances adopt a provision submitted in 
an administrative appeal that was inadvertently omitted in the final 
rule 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 first be proposed 
in an NPRM.

A. Use of the Square-on-Point With Identification Number Limited 
Quantity Marking

    Currently, under Sec.  172.315 of the HMR and except for 
transportation by aircraft, a packaging containing a limited quantity 
material is not required to be marked with the proper shipping name 
when marked with a square-on-point containing the UN identification 
(ID) number of the limited quantity material. In the January 19, 2011 
final rule, we provided a one-year transition period to authorize 
continued use of this marking before the revisions to the limited 
quantity markings become effective. ACA, DGAC, and PPG all state the 
one-year transition period does not allow sufficient time to deplete 
stock(s) of packagings pre-printed with the square-on-point mark 
containing the ID number and requested an extension of three- to five-
years. Appellants request that PHMSA provide a transition period 
similar to the transition period provided for the phase-out of the ORM-
D marking, depending on the mode of transportation. Appellants also 
requested that any transition periods be included in Sec. Sec.  171.14 
(transitional provisions) and 172.300 (marking applicability).
PHMSA Response
    We agree. Shippers should be provided the same transition period 
that authorizes the continued use of the square-on-point mark 
containing the UN ID number provided for ORM-D markings. In this 
document, we are granting the appeals submitted by ACA, DGAC, and PPG 
and revising Sec.  172.315 by extending the transition period, until 
December 31, 2013 for other than air transportation. For domestic air 
transportation, we are authorizing use of the square-on-point mark 
containing the ID number to continue until December 31, 2012 as adopted 
in the January 19, 2011 final rule. However, we are not revising 
Sec. Sec.  171.14 and 172.300 to include the transition periods because 
we believe it is overly duplicative.

B. Fuel Cell Cartridges Aboard Passenger-Carrying Aircraft

    In this document, we respond to two administrative appeals related 
to the transportation of fuel cell cartridges. The administrative 
appeals are discussed as follows:
1. Fuel Cell Cartridges Transported as ORM-D by Air
    In the January 19, 2011 final rule, we revised the limited quantity

[[Page 82165]]

requirements for fuel cell cartridges to allow transportation as 
``Consumer commodity, ORM-D,'' except when transported by aircraft.
    FCHEA states not allowing the transportation by aircraft of fuel 
cell cartridges as ORM-D-AIR is inconsistent with the ICAO Technical 
Instructions and the UN Model Regulations and claims that the 
difference is ``impractical'' from an international trade and 
enforcement standpoint. They note there are no safety consequences when 
comparing the air transportation of fuel cell cartridges shipped as 
limited quantity material and those shipped as ORM-D-AIR. They also 
note that fuel cell cartridges are sturdy articles that meet a range of 
tests and requirements to ensure they do not pose unreasonable risks in 
transportation. FCHEA requests PHMSA to allow fuel cell cartridges to 
be transported as ORM-D-AIR by aircraft so that fuel cell technologies 
are not placed at a disadvantage compared to other technologies 
authorized to be transported by aircraft.
    PHMSA response.
    We deny FCHEA's administrative appeal that would authorize fuel 
cell cartridges to be offered and transported as ``Consumer commodity, 
ORM-D-AIR,'' by aircraft. When packages of articles or substances are 
renamed ``Consumer commodity'' and are reclassed as ``ORM-D-AIR,'' the 
identity and risk posed by the substance or article is no longer 
communicated. This is one of the primary reasons the ORM-D-AIR hazard 
class is being phased-out by the end of 2012. We believe the 
authorization to offer fuel cell cartridges as limited quantities by 
passenger-carrying and cargo-only aircraft satisfies the need for the 
expedient transportation of such articles, while communicating their 
risk, and imposing minimal regulatory burden.
2. Fuel Cell Systems and Cartridges Aboard Passenger-Carrying Aircraft
    FCHEA's administrative appeal indicated that in addition to the 
differences in fuel cell cartridge chemistries authorized in checked 
baggage, there are a number of inconsistencies and editorial issues 
when comparing Sec.  175.10 and the ICAO Technical Instructions 
regarding fuel cell systems and cartridges used to power portable 
electronic devices authorized to be carried aboard passenger-carrying 
aircraft. They note that over the last several years, revisions to the 
ICAO Technical Instructions have made the regulatory language clearer. 
FCHEA requests that PHMSA make similar revisions to avoid any potential 
confusion between requirements under the HMR and the ICAO Technical 
Instructions.
    PHMSA response.
    We agree. Thus, we are granting FCHEA's administrative appeal to 
editorially revise Sec.  175.10(a)(19) to be consistent with language 
in 8; 1.1.2 (t) of the ICAO Technical Instructions. This clarification 
does not, however, revise current HMR provisions regarding such 
articles and is entirely editorial in nature.

C. General Requirements for Transportation by Aircraft

    As adopted in the January 19, 2011 final rule, the general air 
packaging requirements for combination packagings prohibit Class 1 
(explosive) and Class 7 (radioactive) material to be offered for 
transportation as limited quantity material by aircraft. See 76 FR 
3369. In their administrative appeal, DGAC and SAAMI state this is 
inconsistent with other provisions in the HMR that allow the 
transportation of these materials by aircraft, specifically, Sec. Sec.  
173.421 through 173.425 for limited quantity radioactive material, 
instruments, and articles and Sec.  173.63(b) for certain Division 1.4S 
explosive articles. DGAC and SAAMI request that PHMSA revise the list 
of prohibited hazardous material and articles and Table 3 in Sec.  
173.27(f) to clarify that Class 1 (explosive) material conforming to 
Sec.  173.63(b) and Class 7 (radioactive) material conforming to 
Sec. Sec.  173.421 through 173.425, as applicable, are authorized for 
transportation by aircraft. Additionally, DGAC requests UN3334 
(``Aviation regulated liquid, n.o.s.'') and UN3335 (``Aviation 
regulated solid, n.o.s.'') be added to the list of Class 9 
(miscellaneous hazard) material as the substances are currently 
authorized as limited quantity material under the Sec.  173.155 
exceptions for Class 9 material and for consistency with the ICAO 
Technical Instructions.
    PHMSA response.
    We agree. DGAC and SAAMI are correct, and we are therefore granting 
their administrative appeals by revising Sec.  173.27(f) to reflect 
current regulations that authorize the shipment of these substances and 
articles by aircraft. We want to point out that although certain Class 
1 and Class 7 materials are indicated as eligible for air transport in 
Sec.  173.27(f), such indication is provided for informational purposes 
to aid readers in indentifying the appropriate packaging and other 
regulatory provisions for such materials. For example, packages of such 
materials are not marked with the limited quantity ``Y'' mark 
prescribed in Sec.  172.315 but rather as prescribed in Sec. Sec.  
173.63 and 173.421 through 173.425, as appropriate.

D. Self-Reactive Material as a Limited Quantity

    In the UN Model Regulations, certain Division 4.1 self-reactive 
materials are authorized limited quantity exceptions. Currently, the 
HMR do not authorize such exceptions. AHS appealed to PHMSA to include 
a limited quantity exception for the material ``Self-reactive solid, 
Type F, UN3230.'' AHS notes that they filed a petition for rulemaking 
in 2009 (P-1542), to which PHMSA replied by stating that the petition 
merited rulemaking action and that it would be addressed in the January 
19, 2011 final rule.
    PHMSA response.
    We recognize the merits of AHS's appeal and petition for 
rulemaking, but are denying AHS's administrative appeal because it is 
beyond the scope of this rulemaking. To accommodate the federally 
mandated requirement for notice and comment during a significant 
rulemaking action, the petition must be presented under a notice of 
proposed rulemaking to allow for comment by all interested parties. We 
regret the unintentional omission of a proposal in the NPRM for a 
limited quantity exception for ``Self-reactive solid, Type F, UN3230'' 
and for adoption under the January 19, 2011 final rule. We fully intend 
to include a proposal for this material as a broader effort to revise 
the packaging requirements for all eligible self-reactive materials in 
a near-term rulemaking action.

III. Clarification of the HM-215K Final Rule

A. Use of the Limited Quantity ``Y'' Marking

    In the January 19, 2011 final rule, we adopted new limited quantity 
markings consistent with the ICAO Technical Instructions, IMDG Code, 
and the UN Model Regulations to include a limited quantity ``Y'' 
marking for display on packagings prepared for air transportation. In 
their administrative appeals, ACA and DGAC ask for a clearer indication 
of when this new marking may be used in modes of transportation by 
other than aircraft. They note PHMSA's consideration in the January 19 
final rule of a comment stating that the limited quantity ``Y'' marking 
should be authorized for use in all modes of transportation if 
displayed on a packaging that meets all conditions and requirements for 
air transportation. See 76 FR 3313. Additionally, on the

[[Page 82166]]

basis of their opposition to adoption of the air transport requirements 
for limited quantities consistent with the ICAO Technical Instructions, 
DGAC recommends that:

    The ``Y'' package mark [proposed] in Sec.  172.315 not be 
required * * * [and] recommend that [PHMSA] allow permissive use of 
the ``Y'' mark for all modes of transport when the package meets the 
relevant requirements of the ICAO TI.

    We agreed with the DGAC recommendation that a ``Y'' marked package 
in full conformance with the air transport provisions prescribed for a 
limited quantity package should be authorized in all modes of 
transportation and also stated we would revise Sec.  171.22 
accordingly. Although we indicated our intent to revise Sec.  171.22, 
which prescribes the authorization and conditions for use of 
international standards, we inadvertently failed to amend the 
corresponding regulatory text of the section. In its administrative 
appeal, ACA also requests that PHMSA amend this section to indicate the 
limited quantity ``Y'' marking is authorized for use in all modes of 
transportation. Further, DGAC suggests that we revise Sec.  172.315 to 
include language authorizing the use of this marking by modes other 
than air.
    PHMSA response.
    We agree. Our indication in the final rule to revise Sec.  171.22 
was in error as that section prescribes the authorization to use the 
various international standards. Regardless, we clearly indicated in 
the preamble of the final rule that the display of a ``Y'' marking on 
limited quantity package that is not intended for transportation by 
aircraft is authorized. Thus, because a limited quantity package 
prepared for air transportation by default is authorized by all modes 
of transportation, the administrative appeals requesting that PHMSA 
align with the international standards are hereby granted. See the 
Section-by-Section review of changes for a full discussion of the Sec.  
172.315 revisions and requirements.

B. General Requirements for Transportation by Aircraft

    In the January 19, 2011 final rule, we revised the Sec.  173.27 
general requirements for transportation of packagings by aircraft. 
Specifically, we revised paragraph (f) by including a new Table 3 that 
prescribes the requirements for authorized limited quantity material 
intended for air transportation consistent with the 2011-2012 ICAO 
Technical Instructions, where appropriate.
    AHS notes that PHMSA included ``Consumer commodity, ID8000'' as 
authorized Class 9 material but failed to revise paragraph (f)(2)(i)(G) 
for Class 9 material not authorized as limited quantity material by 
aircraft. As indicated by AHS, ``Consumer commodity, ID8000'' may be 
shipped as limited quantity material by aircraft, thus ``ID8000'' 
should be added to the list of materials excepted from the Class 9 
prohibition in paragraph (f)(2)(i)(G).
    PHMSA response.
    We agree. In this final rule, we are revising Sec.  
173.27(f)(2)(i)(G) to include ``ID8000'' as a material excepted from 
the Class 9 prohibition. In addition, for clarification, we are 
revising Table 3 to indicate that the note associated with Class 9 
liquid material applies to both liquid and solid material.

C. Packaging Provisions for Metal Hydride Storage Systems

    In the January 19, 2011 final rule, we added a new section, Sec.  
173.311, for packaging requirements for ``Metal hydride storage 
systems, UN3468'' used for the transport of hydrogen. Prior to the 
January 19, 2011 final rule, the HMR did not prescribe methods for the 
construction, qualification, marking, and requalification of these 
systems although we issued a number of special permits and competent 
authority approvals (CAA) to allow the manufacture and use of similar 
systems for the transport of hydrogen.
    In a January 24, 2011 request for clarification, Ovonic Hydrogen 
Systems, LLC (OHS) expresses concern that the new Sec.  173.311 
requires transportable metal hydride storage systems to meet ISO 
Standard 16111:2008 (ISO 16111) which does not recognize the storage 
canisters manufactured by OHS under its currently-held CAA. 
Specifically, OHS manufactures storage canisters based on refillable 
aluminum cylinders designed, constructed, and tested to DOT 3AL 
specifications. Instead, ISO 16111 requires the use of aluminum 
cylinders constructed and tested to ISO 7866 specifications. Testing 
and marking requirements under ISO 7866 differ from testing and marking 
requirements for DOT 3AL specifications and OHS states its storage 
canisters are non-compliant as a result.
    PHMSA response.
    We disagree with OHS's assertion. The adoption of packaging 
requirements for metal hydride storage systems in Sec.  173.311 does 
not invalidate any active special permits or CAAs authorizing the 
transportation of hydrogen in ``metal hydride storage canisters.'' When 
a special permit or CAA expires and is not renewed, systems must 
conform with the Sec.  173.311 requirements for metal hydride storage 
systems to include the requirements of ISO 16111. Special permits 
issued by the Associate Administrator authorize the transportation of 
hazardous material and packaging within the United States only. 
International regulatory agencies may not recognize a special permit 
granted by PHMSA. However, metal hydride storage canisters designed, 
constructed, and otherwise conforming to requirements authorized under 
a CAA issued by PHMSA should be honored by other competent authorities 
worldwide as a valid alternative to ISO 16111.

IV. Section-by-Section Review of Changes

Part 172

Section 172.101
    This section provides a hazardous materials table that identifies 
listed materials as hazardous material for purposes of transportation.
    For the table entry ``Calcium hypochlorite, hydrated or Calcium 
hypochlorite, hydrated mixtures, with not less than 5.5 percent but not 
more than 16 percent water, UN2880,'' the PG III information was 
inadvertently removed. Under a final rule published December 29, 2006 
(HM-215I, 71 FR 78596), we revised the PG II information to remove 
Special provision 166. However, the instruction to revise this entry 
did not include the PG III information and, therefore, it was 
inadvertently removed from the 49 CFR. In this document, we are 
revising the entry to add the PG III information to the entry to 
reflect the correct descriptions for this entry. This correction reads 
as a ``remove/add.''
    For the table entry ``Tellurium compound, n.o.s., UN3284,'' 
effective October 1, 2010, we inadvertently added the term ``solid'' to 
the proper shipping name to read ``Tellurium compound, solid, n.o.s.'' 
in the January 19, 2011 final rule. In this document, we are revising 
the proper shipping name to remove the term ``solid.'' This correction 
reads as a ``remove/add.''
Section 172.315
    This section prescribes the requirements for marking packages 
containing limited quantity material. Based on administrative appeals 
submitted in response to the January 19, 2011 final rule (HM-215K; 76 
FR 3308), and numerous requests for clarification of the limited 
quantity marking requirements, we are revising Sec.  172.315 to 
authorize continued use of the limited quantity marking (i.e., square-

[[Page 82167]]

on-point and Identification Number) prescribed in Sec.  172.315, in 
effect on October 1, 2010, for the same duration offered for continued 
use of the ORM-D-AIR and ORM-D markings, December 31, 2012 and December 
31, 2013, respectively. For transportation by aircraft, the hazard 
class label (when applicable) and proper shipping name marking are 
still required. Additionally, we are revising Sec.  172.315 to allow 
marking of a limited quantity package not intended for transportation 
by air with the limited quantity ``Y'' marking if the packaging is 
prepared in accordance with Sec.  173.27(f) indicating it is suitable 
for transportation as a limited quantity package by aircraft. A ``Y'' 
marked package transported by a mode other than air indicates the 
package would be suitable for air transport if marked, labeled and 
accompanied by a shipping paper and is otherwise packaged in accordance 
with 3; 4 of the ICAO Technical Instructions as limited by subpart C of 
Part 171 and Part 175 of the HMR or Sec.  173.27(f) and Part 175 of the 
HMR.
    In the January 19 final rule, we erroneously adopted limited 
quantity marking requirements applicable to cargo transport units (CTU) 
containing packages of hazardous materials in only limited quantities. 
We erred by stating the marking must be applied to only one side and 
one end of the CTU when we should have required the marking on all four 
exterior sides of the CTU consistent with 3.4.5.5 of the IMDG Code. In 
this document, we are correcting that error in Sec.  172.315. Finally, 
we are reorganizing the format of the language used in this section 
solely for editorial clarification.
Section 173.27
    This section prescribes general requirements for the transportation 
of hazardous material by aircraft. Based on appeals and requests for 
clarification, in this document we are revising Sec.  173.27(f). 
Specifically, we are revising paragraph (f)(2) and Table 3 in paragraph 
(f) by adding materials currently authorized elsewhere in the HMR and 
to provide additional clarification regarding those hazardous materials 
and articles eligible for transport by aircraft under the conditions 
prescribed in this paragraph. The authorized hazardous materials and 
articles added and referenced are as follows: (1) Class 1 (explosive) 
articles in accordance with Sec.  173.63(b); (2) Class 7 (radioactive) 
material in accordance with applicable Sec. Sec.  173.421 through 
173.425; and (3) ``Aviation regulated liquid, n.o.s., UN3334,'' 
``Aviation regulated solid, n.o.s., UN3335,'' and ``Consumer commodity, 
ID8000.'' As stated earlier in this preamble, although certain Class 1 
and Class 7 materials are indicated as eligible for air transport in 
Sec.  173.27(f), because they do not meet guiding principles 
established for limited quantities such indication is provided for 
informational purposes to aid readers in identifying the appropriate 
packaging and other provisions for such materials. For example, 
packages of Class 7 are not marked with the limited quantity ``Y'' mark 
prescribed in Sec.  172.315 but rather as prescribed in 173.421 through 
173.425, as appropriate.
Section 173.124
    Section 173.124 defines a Class 4 material. For consistency with a 
revision adopted in the UN Model Regulations, PHMSA amended the 
definition of ``self-heating'' in Sec.  173.124(b)(2) of the HMR in the 
January 19 final rule. In this document, PHMSA is correcting the 
typographical error in the heading of the definition.
Section 173.151
    Section 173.151 prescribes exceptions for a Class 4 material. 
Paragraph (d) prescribes exceptions for Division 4.3 solid material of 
Packing Groups II and III. The HMR do not authorize limited quantity 
packages of such substances to be reclassified as ORM-D or to be 
renamed ``Consumer commodity.'' In the January 19, 2011 final rule, 
PHMSA inadvertently revised the third sentence of paragraph (d) to 
extend the additional exceptions for limited quantities and ORM in 
Sec.  173.156 to Division 4.3 substances, when no such authorization 
prior to this rulemaking existed nor was it considered in this 
rulemaking due to the obvious risk to transportation safety. Therefore, 
in this final rule, PHMSA is removing the reference to Sec.  173.156 in 
the third sentence of Sec.  173.151(d).
Section 173.156
    Section 173.156 provides additional exceptions for limited quantity 
and ORM packages. In the January 19, 2011 final rule, PHMSA 
unintentionally amended paragraph (b)(1) by requiring the marking of 
such packages in accordance with subpart D of part 172. In this final 
rule, PHMSA is amending Sec.  173.156(b)(1) by removing the requirement 
to mark such packages. Because paragraph (b)(2) authorizes the common 
carriage of such packages, the marking requirements that existed prior 
to the January 19, 2011 final rule will remain as adopted.
Section 173.306
    Section 173.306 prescribes requirements for limited quantity of 
compressed gases. In this document, we are revising certain paragraphs 
for clarification of requirements adopted in the final rule and to 
correct minor grammatical errors.
Section 173.311
    This section specifies packaging instructions for hydrogen in metal 
hydride storage systems. The January 19, 2011 final rule incorrectly 
refers to ISO standards in Sec.  178.71(f) that apply to the design and 
construction of UN refillable welded cylinders rather than Sec.  
178.71(m) for the design and construction of UN metal hydride storage 
systems. In this final rule, we are revising the section to correctly 
refer to Sec.  178.71(m).

Part 175

Section 175.10
    Section 175.10 prescribes the conditions under which a passenger, 
crew member, or an operator may carry hazardous materials aboard a 
passenger-carrying aircraft. In response to FCHEA's administrative 
appeal, in this final rule we are editorially revising the language in 
Sec.  175.10(a)(19) for the carriage of fuel cell systems and fuel cell 
cartridges for consistency with the ICAO Technical Instructions. These 
revisions do not amend the fuel cell cartridge chemistries authorized 
in checked baggage as adopted in the January 19 final rule.
Section 175.75
    Section 175.75 prescribes quantity limitations and cargo location 
requirements for hazardous materials transported by aircraft. In this 
document, we are revising for clarification the definition of 
``Inaccessible'' in paragraph (d)(2) to mean any package that is loaded 
where a crew member or other authorized person cannot access, handle 
and, when size and weight permit, separate such packages from other 
cargo during flight, including a freight container in an accessible 
cargo compartment when packages are loaded in an inaccessible manner. 
This definition is consistent with the defined term ``Accessible'' and 
is revised for clarification only. Additionally, PHMSA is revising the 
heading in the third column of the paragraph (f) Quantity and Loading 
Table for clarity by adding the words ``per cargo compartment.'' Since 
issuing the January 19 final rule, we have fielded numerous inquiries 
regarding whether the limitation was now ``per

[[Page 82168]]

aircraft'' as opposed to ``per compartment.'' Additionally, we are 
correcting the error in Note a. of the table as published in the 
January 19 final rule. Notwithstanding the correction made to Note a. 
of the Sec.  175.75(f) table, we want to emphasize the revisions made 
in this document to Sec.  175.75 are for editorial clarification only.

Part 176

Section 176.905
    This section specifies requirements for vessel transport of motor 
vehicles and equipment. In this final rule, we are revising paragraph 
(j) to refer to the correct section paragraph regarding items of 
equipment containing hazardous materials, specifically, Sec.  
173.220(f), that are integral components of a motor vehicle, engine or 
mechanical equipment.

V. Summary of Changes Regarding Limited Quantity Material and ORM-D

    In an effort to clarify the amendments to the HMR associated with 
the transition from the domestic ORM-D system for transportation of 
limited quantity material to the international system, we offer the 
following:

Applicability of the ORM-D System

--Until December 31, 2013, shippers may continue to rename a limited 
quantity hazardous material as a ``Consumer commodity, ORM-D'' (see 
Sec.  171.8), as authorized in the appropriate packaging exception for 
the material. Beginning January 1, 2014, limited quantity hazardous 
material will no longer be authorized the ``Consumer commodity'' proper 
shipping name except those eligible and prepared for shipment by 
aircraft in accordance with Sec.  173.167 and using the newly adopted 
identification number ``ID8000.'' Such packages are eligible for 
transportation by all modes but must be marked with the limited 
quantity ``Y'' mark prescribed in Sec.  172.315(b) indicating the 
package is suitable for air transportation.
--Until December 31, 2013, shippers may continue to reclass limited 
quantity hazardous material as ``Other Regulated Material'' otherwise 
known as ORM-D. Limited quantity material reclassed as ORM-D and 
transported by modes other than air may continue to be prepared and 
packaged in accordance with the appropriate packaging exceptions for 
the hazardous material (e.g., Sec.  173.150 for a Class 3 flammable 
liquid substance), and be transported in a package displaying the ORM-D 
marking. Until December 31, 2012, shippers may continue to ship ORM-D-
AIR by aircraft. Until such time, ORM-D offered for shipment by 
aircraft may continue to be prepared and packaged in accordance with 
the requirements of Sec.  173.27 in effect October 1, 2010, and 
transported in packages displaying the ORM-D-AIR marking.
--Until December 31, 2013, shippers may continue to display the limited 
quantity marking (i.e., the square-on-point and identification number) 
on a package containing limited quantity material in accordance with 
Sec.  172.315 in effect October 1, 2010.

Use of the New Limited Quantity Markings

--Beginning January 1, 2014, for modes of transportation other than 
air, shippers of limited quantity material must display the limited 
quantity marking adopted in Sec.  172.315 under the January 19, 2011 
final rule (i.e., the square-on-point with top and bottom portion black 
and the center white). See illustration below.
--Beginning January 1, 2013, for transportation by air, shippers of 
limited quantity material must display the limited quantity ``Y'' 
marking adopted in Sec.  172.315 under the January 19, 2011 final rule. 
See illustration below.

Clarification of Limited Quantity Marking Requirements

--A limited quantity package should not display both an ORM-D or ORM-D-
AIR marking and one of the new limited quantity markings, as this may 
only serve to frustrate a shipment while in transportation. Such dual 
markings are only authorized during the transition period. Once the 
transition period expires (December 31, 2012 or December 31, 2013), the 
ORM-D or ORM-D-AIR marking must be covered, obliterated, or otherwise 
obstructed from view.
[GRAPHIC] [TIFF OMITTED] TR30DE11.003


[[Page 82169]]



                                                 Table of Potential Limited Quantity Packaging Scenarios
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Authorized? If       Mandatory? If                          Shipping papers    PSN and ID number
       Packaging scenario          authorized, when?   mandatory, when?   Label(s) required?       required?       marking required?         Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     ORM-D Packaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
Packaging marked ORM-D            Yes, until          No................  No................  No. Unless a        No................  A shipper may
 transported by modes other than   December 31,                                                hazardous waste,                        voluntarily mark
 air.                              2013.                                                       hazardous                               instead with the
                                                                                               substance or                            new limited
                                                                                               marine pollutant.                       quantity markings
                                                                                                                                       illustrated
                                                                                                                                       above. See also
                                                                                                                                       ``Limited
                                                                                                                                       Quantity
                                                                                                                                       Packaging''
                                                                                                                                       below.
Packaging marked ORM-D            No.                                                                                                 ..................
 transported by air.
Packaging marked ORM-D-AIR        Yes, until,         No................  No................  No. Unless a        No................  A shipper may
 transported by modes other than   December 31,                                                hazardous waste,                        voluntarily mark
 air.                              2012.                                                       hazardous                               instead with the
                                                                                               substance or                            new limited
                                                                                               marine pollutant.                       quantity markings
                                                                                                                                       illustrated
                                                                                                                                       above. See
                                                                                                                                       Limited Quantity
                                                                                                                                       Packaging below.
                                                                                                                                       A shipper marking
                                                                                                                                       a package with
                                                                                                                                       ORM-D-Air must
                                                                                                                                       ensure the
                                                                                                                                       packaging meets
                                                                                                                                       the requirements
                                                                                                                                       of
                                                                                                                                      Sec.   173.27
                                                                                                                                       effective October
                                                                                                                                       1, 2010 even if
                                                                                                                                       the package is
                                                                                                                                       not transported
                                                                                                                                       by air.
Packaging marked ORM-D-AIR        Yes, until,         No................  No................  Yes...............  Yes.                ..................
 transported by air.               December 31,
                                   2012.
Packaging marked ORM-D/ORM-D-AIR  For ORM-D: Yes....  ..................  ..................  ..................  ..................  The limited
 also marked with one of the new  For ORM-D-AIR: No.                                                                                   quantity ``Y''
 limited quantity markings.                                                                                                            mark indicates
                                                                                                                                       the
                                                                                                                                      package conforms
                                                                                                                                       to Sec.
                                                                                                                                       173.27(f)
                                                                                                                                       effective January
                                                                                                                                       1, 2012. Although
                                                                                                                                       it may not be
                                                                                                                                       specifically
                                                                                                                                       prohibited, we
                                                                                                                                       recommend that
                                                                                                                                       packages not
                                                                                                                                       display both
                                                                                                                                       types of surface
                                                                                                                                       limited quantity
                                                                                                                                       markings to avoid
                                                                                                                                       confusion and
                                                                                                                                       frustration of
                                                                                                                                       shipment during
                                                                                                                                       the course of
                                                                                                                                       transportation.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 82170]]

 
                                                               Limited Quantity Packaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
Packaging marked with a square-   Yes, until,         No................  No................  No................  See note..........  Proper shipping
 on-point containing the ID        December 31,                                                                                        name not required
  transported by modes    2013.                                                                                               to be marked when
 other than air.                                                                                                                       packaging is
                                                                                                                                       marked with a
                                                                                                                                       square-on-point
                                                                                                                                       containing the UN
                                                                                                                                       ID .
Packaging marked with a square-   Yes, until,         No................  Yes...............  Yes...............  Yes...............  Proper shipping
 on-point containing the UN ID     December 31,                                                                                        name is required
  transported by air.     2012.                                                                                               to be marked when
                                                                                                                                       packaging is
                                                                                                                                       marked with a
                                                                                                                                       square-on-point
                                                                                                                                       containing the UN
                                                                                                                                       ID .
Packaging marked with a surface   Yes...............  Yes, beginning      No................  No. Unless a        No. Unless a        Voluntary
 LQ marking transported by modes                       January 1, 2014.                        hazardous waste,    hazardous waste     compliance
 other than air.                                                                               hazardous           or hazardous        authorized as of
                                                                                               substance or        substance.          January 1, 2011.
                                                                                               marine pollutant.                       Identification
                                                                                                                                       number not
                                                                                                                                       required.
Packaging marked with a standard  No.                                                                                                 ..................
 LQ marking transported by air.
Packaging marked with an LQ       Yes...............  No................  No................  No. Unless a        No. Unless a        A shipper marking
 ``Y'' marking transported by                                                                  hazardous waste,    hazardous waste     a package with an
 modes other than air.                                                                         hazardous           or a hazardous      LQ ``Y'' marking
                                                                                               substance or        substance.          must ensure the
                                                                                               marine pollutant.                       packaging meets
                                                                                                                                       the requirements
                                                                                                                                       of Sec.
                                                                                                                                       173.27(f)
                                                                                                                                       effective January
                                                                                                                                       1, 2011 even if
                                                                                                                                       the package is
                                                                                                                                       not transported
                                                                                                                                       by air.
                                                                                                                                       Identification
                                                                                                                                       number not
                                                                                                                                       required.
Packaging marked with an LQ       Yes...............  Yes, beginning      Yes...............  Yes...............  Yes...............  Voluntary
 ``Y'' marking transported by                          January 1, 2013.                                                                compliance
 air.                                                                                                                                  authorized as of
                                                                                                                                       January 1, 2011.
Packaging marked with a square-   No.                                                                                                 ..................
 on-point containing the UN ID
  and also marked with
 one of the new limited quantity
 markings or any combination.
--------------------------------------------------------------------------------------------------------------------------------------------------------

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the following statutory 
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to 
prescribe regulations for the safe transportation, including security, 
of hazardous material in intrastate, interstate, and foreign commerce. 
This final rule responds to administrative appeals submitted in 
response to final rule HM-215K (January 19, 2011; 76 FR 3308), provides 
editorial clarification and corrects minor errors associated with the 
final rule.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to 
ensure

[[Page 82171]]

that, to the extent practicable, regulations governing the 
transportation of hazardous materials in commerce are consistent with 
standards adopted by international authorities.

B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and 
Procedures

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget. This final rule is a non-significant 
rule under the Regulatory Policies and Procedures of the Department of 
Transportation [44 FR 11034]. Additionally, E.O. 13563 supplements and 
reaffirms E.O. 12866, stressing that, to the extent permitted by law, 
an agency rulemaking action must be based on benefits that justify its 
costs, impose the least burden, consider cumulative burdens, maximize 
benefits, use performance objectives, and assess available 
alternatives. The revisions adopted in this final rule do not alter the 
cost-benefit analysis and conclusions contained in the Regulatory 
Evaluation prepared for the January 19, 2011 final rule. The 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''), and 
the President's memorandum on ``Preemption'' published in the Federal 
Register on May 22, 2009 (74 FR 24693). 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 for certain 
subjects. The subjects are:
    (1) The designation, description, and classification of hazardous 
materials;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; and
    (5) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This final rule addresses all the covered subject items above and 
preempts State, local, and Indian tribe requirements not meeting the 
``substantively the same'' standard. This final rule is necessary to 
incorporate revisions to the HMR based on administrative appeals 
submitted in response to the January 19, 2011 final rule, effective 
January 1, 2011. Federal hazardous materials transportation law 
provides at section 5125(b)(2) that, if DOT issues a regulation 
concerning any of the covered subjects, DOT must determine and publish 
in the Federal Register the effective date of Federal preemption. The 
effective date may not be earlier than the 90th day following the date 
of issuance of the final rule and not later than two years after the 
date of issuance. The effective date of Federal preemption is March 29, 
2012.

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, does not impose substantial direct 
compliance costs, and is required by statute, 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. The 
response to appeals and revisions contained in this final rule will 
have little or no negative effect on the regulated industry. Based on 
the assessment in the Regulatory Evaluation to the January 19, 2011 
final rule, I hereby certify that, while this rule applies to a 
substantial number of small entities, there will not be a significant 
economic impact on those small entities. A detailed Regulatory 
Flexibility analysis is available for review in the docket.

F. Paperwork Reduction Act

    This final rule imposes no new information collection requirements.

G. Regulatory 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 
$141.3 million or more to either State, local or tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA) requires 
Federal agencies to consider the consequences of major Federal actions 
and prepare a detailed statement on actions significantly affecting the 
quality of the human environment. In the January 19, 2011 final rule, 
we developed an assessment to determine the effects of these revisions 
on the environment and whether a more comprehensive environmental 
impact statement may be required. Our findings conclude that there are 
no significant environmental impacts associated with this final rule. 
Consistency in the regulations for the transportation of hazardous 
materials aids in shippers' understanding of what is required and 
permits shippers to more easily comply with safety regulations and 
avoid the potential for environmental damage or contamination. For 
interested parties, an environmental assessment was included with the 
January 19, 2011 final rule available in the public docket. 
Additionally, we conclude that there are no significant environmental 
impacts associated with the amendments adopted in this document 
regarding the administrative appeals submitted in response to the 
January 19 final rule.

J. Privacy Act

    Anyone is able to search the electronic form of any written 
communications and comments

[[Page 82172]]

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 172

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

49 CFR Part 173

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

49 CFR Part 175

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

49 CFR Part 176

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

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

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

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

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


0
2. In Sec.  172.101, The Hazardous Materials Table is amended by 
removing those entries under [REMOVE] and adding entries under [ADD] to 
read as follows:


Sec.  172.101  Purpose and use of the hazardous materials table.

* * * * *

[[Page 82173]]



                                                                                                Sec.   172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 Hazardous                                                                                                    (8) Packaging (Sec.   173.***)               (9) Quantity limitations (see         (10) Vessel stowage
                 materials       Hazard                                                               Special     ------------------------------------------------------  Sec.  Sec.   173.27 and 175.75)  -----------------------------
  Symbols    descriptions and   class or    Identification          PG            Label codes    provisions (Sec.                                                       -----------------------------------
             proper  shipping   division         Nos.                                                 172.102)        Exceptions         Non-bulk            Bulk            Passenger        Cargo air-        Location        Other
                   names                                                                                                                                                   aircraft/rail      craft only
(1)          (2).............         (3)  (4).............  (5).............  (6).............  (7).............  (8A)............  (8B)............  (8C)............  (9A)............  (9B)...........  (10A)..........        (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             [REMOVE]........
 
                                                                                                              * * * * * * *
             Calcium                  5.1  UN2880..........  II..............  5.1.............  165, IB8, IP2,    152.............  212.............  240.............  5 kg............  25 kg..........  D..............   4, 25, 48,
              hypochlorite,                                                                       IP4, IP13, W9.                                                                                                             52, 56, 58,
              hydrated or                                                                                                                                                                                                       69, 142.
              Calcium
              hypochlorite,
              hydrated
              mixtures, with
              not less than
              5.5 percent but
              not more than
              16 percent
              water.
 
                                                                                                              * * * * * * *
G..........  Tellurium                6.1  UN3284..........  I...............  6.1.............  IB7, IP1, T6,     None............  211.............  242.............  5 kg............  50 kg..........  B..............  ...........
              compound,                                                                           TP33.
              solid, n.o.s.
                                                             II..............  6.1.............  IB8, IP2, IP4,    153.............  212.............  242.............  25 kg...........  100 kg.........  B..............  ...........
                                                                                                  T3, TP33.
                                                             III.............  6.1.............  IB8, IP3, T1,     153.............  213.............  240.............  100 kg..........  200 kg.........  A..............  ...........
                                                                                                  TP33.
 
                                                                                                              * * * * * * *
             [ADD]
 
                                                                                                              * * * * * * *
             Calcium                  5.1  UN2880..........  II..............  5.1.............  165, IB8, IP2,    152.............  212.............  240.............  5 kg............  25 kg..........  D..............   4, 25, 48,
              hypochlorite,                                                                       IP4, IP13, W9.                                                                                                             52, 56, 58,
              hydrated or                                                                                                                                                                                                       69, 142.
              Calcium
              hypochlorite,
              hydrated
              mixtures, with
              not less than
              5.5 percent but
              not more than
              16 percent
              water.
                                                             III.............  5.1.............  165, 171, IB8,    152.............  213.............  240.............  25 kg...........  100 kg.........  D..............   4, 25, 48,
                                                                                                  IP4, IP13, W9.                                                                                                             52, 56, 58,
                                                                                                                                                                                                                                69, 142.
 
                                                                                                              * * * * * * *
G..........  Tellurium                6.1  UN3284..........  I...............  6.1.............  IB7, IP1, T6,     None............  211.............  242.............  5 kg............  50 kg..........  B..............  ...........
              compound, n.o.s.                                                                    TP33.
                                                             II..............  6.1.............  IB8, IP2, IP4,    153.............  212.............  242.............  25 kg...........  100 kg.........  B..............  ...........
                                                                                                  T3, TP33.
                                                             III.............  6.1.............  IB8, IP3, T1,     153.............  213.............  240.............  100 kg..........  200 kg.........  A..............  ...........
                                                                                                  TP33.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 82174]]

* * * * *

0
3. Section 172.315 is revised to read as follows:


Sec.  172.315  Limited quantities.

    (a) Modes other than air transport. Except for an article or 
substance of Class 7 prepared in accordance with subpart I of part 173, 
a package prepared in accordance with applicable limited quantity 
requirements in part 173 of this subchapter and offered for 
transportation by a mode other than air must display the limited 
quantity marking shown in paragraph (a)(1) of this section. A package 
displaying this mark is not subject to the marking requirements of 
Sec.  172.301 of this subpart unless the limited quantity package also 
contains a hazardous substance or a hazardous waste. Required markings 
need not be duplicated if already marked as prescribed elsewhere in 
this subpart. As an alternative, a packaging may display the limited 
quantity ``Y'' mark shown in paragraph (b) of this section if the 
package conforms to authorized substance and article provisions and the 
inner and outer package quantity limits in Sec.  173.27(f) of this 
subchapter.
    (1) Marking description. The top and bottom portions of the square-
on-point and the border forming the square-on-point must be black and 
the center white or of a suitable contrasting background as follows:
[GRAPHIC] [TIFF OMITTED] TR30DE11.004

    (2) The square-on-point must be durable, legible and of a size 
relative to the packaging, readily visible, and must be applied on at 
least one side or one end of the outer packaging. The width of the 
border forming the square-on-point must be at least 2 mm and the 
minimum dimension of each side must be 100 mm unless the packaging size 
requires a reduced size marking that must be no less than 50 mm on each 
side. When intended for transportation by vessel, a cargo transport 
unit (see Sec.  176.2 of this subchapter) containing packages of 
hazardous materials in only limited quantities must be marked once on 
each side and once on each end of the exterior of the unit with an 
identical mark which must have minimum dimensions of 250 mm on each 
side.
    (b) Air transport. Except for an article or substance of Class 7 
prepared in accordance with subpart I of part 173, a package prepared 
in accordance with air-specific limited quantity requirements 
prescribed in Sec.  173.27 of this subchapter and intended for 
transportation by air must display the limited quantity mark prescribed 
in paragraph (b)(1) of this section in addition to other markings 
required by this subpart (e.g., ``RQ'', proper shipping name, 
identification number, as appropriate). Required markings need not be 
duplicated if already marked as prescribed elsewhere in this subpart.
    (1) Marking Description. The top and bottom portions of the square-
on-point and the border forming the square-on-point must be black and 
the center white or of a suitable contrasting background and the symbol 
``Y'' must be black and located in the center of the square-on-point 
and be clearly visible as follows:

[[Page 82175]]

[GRAPHIC] [TIFF OMITTED] TR30DE11.005

    (2) The square-on-point must be durable, legible and of a size 
relative to the package as to be readily visible. The square-on-point 
must be applied on at least one side or one end of the outer packaging. 
The width of the border forming the square-on-point must be at least 2 
mm and the minimum dimension of each side must be 100 mm unless the 
package size requires a reduced size marking that must be no less than 
50 mm on each side.
    (c) Limited quantity markings prescribed in paragraphs (a) and (b) 
of this section may use the packaging itself as the contrasting 
background for the center portion of the marking if the color 
sufficiently contrasts so that the black border, top and bottom 
portions of the square-on-point, and the ``Y'' symbol, if applicable, 
are clearly recognizable.
    (d) Transitional exceptions--(1) Square-on-point with 
Identification Number. Except for transportation by aircraft and until 
December 31, 2013, a package containing a limited quantity may continue 
to be marked in accordance with the requirements of this section in 
effect on October 1, 2010 (i.e., square-on-point with Identification 
Number) as an alternative to the marking required by paragraph (a) of 
this section. For transportation by aircraft and until December 31, 
2012, a package containing a limited quantity may continue to be marked 
in accordance with the requirements of this section in effect on 
October 1, 2010 (i.e., square-on-point with Identification Number) as 
an alternative to the marking required by paragraph (b) of this 
section.
    (2) ORM-D marked packaging. Except for transportation by aircraft 
and until December 31, 2013, a packaging marked in accordance with 
Sec.  172.316 of this subpart is not required to be marked with the 
limited quantity marking required by paragraph (a) of this section. For 
transportation by aircraft and until December 31, 2012, a packaging 
marked in accordance with Sec.  172.316 may not be marked with the 
limited quantity ``Y'' marking required by paragraph (b) of this 
section unless it also conforms to Sec.  173.27(f).

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

0
4. 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
5. In Sec.  173.27, paragraph (f)(2)(i) is revised and, in paragraph 
(f)(3), table 3 is revised to read as follows:


Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) * * *
    (2) Limited quantities. (i) Unless otherwise specified in this 
part, or in subpart C of part 171 of this subchapter, when a limited 
quantity of hazardous material packaged in a combination packaging is 
intended for transportation aboard an aircraft, the inner and outer 
packagings must conform to the quantity limitations set forth in Table 
3 of this paragraph. Substances and articles must be authorized for 
transportation aboard a passenger-carrying aircraft (see Column (9A) of 
the Sec.  172.101 Hazardous Materials Table of this subchapter). As 
such, not all unauthorized substances or articles may be indicated in 
this section. Unless otherwise excepted, packages must be marked and 
labeled in accordance with this section and any additional requirements 
in subparts D and E, respectively, of part 172 of this subchapter. 
Materials or articles not authorized as limited quantity by aircraft 
are:
    (A) Those in Packing Group I;
    (B) Class 1 (explosive) material (see Sec.  173.63(b) of this part 
for exceptions provided to certain articles of Division 1.4S) and Class 
7 (radioactive) material (see Sec. Sec.  173.421 through 173.425 of 
this part, as applicable, for exceptions provided to certain 
substances, instruments or articles of Class 7);
    (C) Divisions 2.1 (flammable gas) (except Aerosols (UN1950) and 
Receptacles, small (UN2037) without subsidiary risk) and Division 2.3 
(toxic gas);
    (D) Divisions 4.1 (self-reactive), 4.2 (spontaneously combustible) 
(primary or subsidiary risk), and 4.3 (dangerous when wet) (liquids);
    (E) Division 5.2 (organic peroxide) (except when contained in a 
Chemical or First aid kit (UN3316) or Polyester resin kit (UN3269) 
(Types D, E and F non-temperature controlled only));
    (F) Class 8 (corrosive) materials UN2794, UN2795, UN2803, UN2809, 
3028; and
    (G) All Class 9 (miscellaneous) materials except for UN1941, 
UN1990, UN2071, UN3077, UN3082, UN3316, UN3334, UN3335, and ID8000.
* * * * *
    (3) * * *

[[Page 82176]]



 Table 3--Maximum Net Quantity of Each Inner and Outer Packaging for Materials Authorized for Transportation as
                                          Limited Quantity by Aircraft
----------------------------------------------------------------------------------------------------------------
                                  Maximum authorized net quantity of
                                         each inner packaging
                                --------------------------------------      Maximum
   Hazard class or  division           Glass,                            authorized net            Notes
                                   earthenware or    Metal or plastic   quantity of each
                                    fiber inner      inner packagings    outer package
                                     packagings
----------------------------------------------------------------------------------------------------------------
Class 1........................  Forbidden (See     .................  .................  See Sec.   173.63(b)
                                  note).                                                   of this part for
                                                                                           exceptions provided
                                                                                           to certain articles
                                                                                           of Division 1.4S.
Class 2........................  .................  .................  30 kg Gross......  Authorized materials:
                                                                                           Aerosols (UN1950) in
                                                                                           Divisions 2.1 and
                                                                                           2.2, and Receptacles,
                                                                                           small (UN2037) in
                                                                                           Divisions 2.1 and 2.2
                                                                                           without subsidiary
                                                                                           risk and Fuel cells
                                                                                           cartridges (UN3478,
                                                                                           UN3479), see Sec.
                                                                                           173.230 of this part.
Class 3........................  PG I: Forbidden..
                                 PG II: 0.5L......  PG II: 0.5L......  PG II: 1L*.......  * Maximum net quantity
                                                                                           per outer package
                                                                                           with corrosive
                                                                                           subsidiary risk
                                                                                           (e.g., UN2924,
                                                                                           UN3286) is 0.5L. For
                                                                                           Class 3 base
                                                                                           materials as part of
                                                                                           a Polyester resin kit
                                                                                           (UN3269), see Sec.
                                                                                           173.165 of this part
                                                                                           for additional
                                                                                           requirements, as
                                                                                           applicable. Inner
                                                                                           packaging limit for
                                                                                           UN3269 base material
                                                                                           is 1.0 L. For Fuel
                                                                                           cell cartridges
                                                                                           containing flammable
                                                                                           liquids (UN3473), see
                                                                                           Sec.   173.230 of
                                                                                           this part.
                                 PG III: 2.5L*....  PG III: 5.0L*....  PG III: 10L*.....  * Maximum net quantity
                                 * Corrosive        * Corrosive                            per outer package
                                  subsidiary risk    subsidiary risk                       with corrosive
                                  (e.g., UN2924)     (e.g., UN2924)                        subsidiary risk
                                  or toxic (e.g.,    or toxic (e.g.,                       (e.g., UN2924) is 1L
                                  UN1992) is 1L.     UN1992) is 1L.                        and toxic subsidiary
                                                                                           risk (e.g., UN1992)
                                                                                           is 2L. For Class 3
                                                                                           base materials as
                                                                                           part of a Polyester
                                                                                           resin kit (UN3269),
                                                                                           see Sec.   173.165 of
                                                                                           this part for
                                                                                           additional
                                                                                           requirements, as
                                                                                           applicable. Inner
                                                                                           packaging limit for
                                                                                           UN3269 base material
                                                                                           is 1.0 L.
Division 4.1 (does not include   PG I: Forbidden..
 self-reactive material).
                                 PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 5 kg*.....  * Maximum net quantity
                                                                                           per outer package
                                                                                           with toxic subsidiary
                                                                                           risk (e.g., UN3179)
                                                                                           is 1 kg.
                                 PG III: 1 kg.....  PG III: 1 kg.....  PG III: 10 kg*...  * Maximum net quantity
                                                                                           per outer package
                                                                                           with corrosive
                                                                                           subsidiary risk
                                                                                           (e.g., UN3180) is 5
                                                                                           kg.
Division 4.2 (Primary or         Forbidden *......  .................  25 kg (net mass)   * Until December 31,
 subsidiary).                                                           *.                 2012, Charcoal
                                                                                           (NA1361), PG III, may
                                                                                           be transported as a
                                                                                           limited quantity and
                                                                                           may be renamed
                                                                                           Consumer commodity
                                                                                           and reclassed ORM-D-
                                                                                           AIR, if eligible.
Division 4.3 (solid material     PG I solids and
 only).                           all liquids
                                  regardless of
                                  Packing Group:
                                  Forbidden.
                                 PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 5 kg*.....  * Maximum net quantity
                                                                                           per outer package
                                                                                           with toxic subsidiary
                                                                                           risk (e.g., UN3134)
                                                                                           is 1 kg. For fuel
                                                                                           cell cartridges
                                                                                           containing water
                                                                                           reactive substances
                                                                                           (UN3476), see Sec.
                                                                                           173.230 of this part.
                                 PG III: 1 kg.....  PG III: 1 kg.....  PG III: 10 kg*...  * Maximum net quantity
                                                                                           per outer package
                                                                                           with corrosive or
                                                                                           flammable subsidiary
                                                                                           risk (e.g., UN3131 or
                                                                                           UN3132, respectively)
                                                                                           is 5 kg.
Division 5.1 (Liquid or solid    PG I: Forbidden..
 material).
Division 5.1 (liquid material).  PG II: 0.1L......  PG II: 0.1L......  PG II: 0.5L......
                                 PG III: 0.5L.....  PG III: 0.5L.....  PG III: 1.0L.....
Division 5.1 (solid material)..  PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 2.5 kg*...  * Maximum net quantity
                                                                                           per outer package
                                                                                           with toxic subsidiary
                                                                                           risk (e.g., UN3087)
                                                                                           is 1 kg.
                                 PG III: 1.0 kg...  PG III: 1.0 kg...  PG III: 10 kg*...  * Maximum net quantity
                                                                                           per outer package
                                                                                           with corrosive
                                                                                           subsidiary risk
                                                                                           (e.g., UN3085) is 1
                                                                                           kg.

[[Page 82177]]

 
Division 5.2 (liquid material).  30 mL............  30 mL............  1 kg.............  Authorized materials:
                                                                                           Types D, E and F are
                                                                                           authorized only as
                                                                                           part of a Chemical or
                                                                                           First aid kit
                                                                                           (UN3316) packaged in
                                                                                           accordance with Sec.
                                                                                            173.161 of this part
                                                                                           or a Polyester resin
                                                                                           kit (UN3269) packaged
                                                                                           in accordance with
                                                                                           Sec.   173.165 of
                                                                                           this part. See Sec.
                                                                                           Sec.   173.161 and
                                                                                           173.165, as
                                                                                           applicable, for
                                                                                           additional
                                                                                           requirements.
Division 5.2 (solid material)..  100g.............  100g.............  1 kg.............  Solid activators of
                                                                                           Types D, E and F are
                                                                                           limited to 100 g per
                                                                                           inner packaging for
                                                                                           UN3316 and UN3269.
                                                                                           See Sec.  Sec.
                                                                                           173.161 and 173.165,
                                                                                           as applicable, for
                                                                                           additional
                                                                                           requirements.
Division 6.1...................  PG I (Inhalation
                                  or otherwise):
                                  Forbidden.
Division 6.1 (liquid material).  PG II: 0.1L......  PG II: 0.1L......  PG II: 1.0L*.....  * Maximum net quantity
                                                                                           per outer package
                                                                                           with corrosive
                                                                                           subsidiary risk
                                                                                           (e.g., UN3289) is
                                                                                           0.5L.
                                 PG III: 0.5L.....  PG III: 0.5L.....  PG III: 2.0L.....
Division 6.1 (solid material)..  PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 1.0 kg.     ......................
                                 PG III: 1.0 kg...  PG III: 1.0 kg...  PG III: 10 kg....
Class 7........................  Forbidden (See     .................  .................  See Sec.  Sec.
                                  note).                                                   173.421 through
                                                                                           173.425 of this part,
                                                                                           as applicable, for
                                                                                           exceptions provided
                                                                                           to certain
                                                                                           substances,
                                                                                           instruments or
                                                                                           articles of Class 7.
Class 8........................  PG I: Forbidden..
Class 8 (liquid material)......  PG II: 0.1L......  PG II: 0.1L......  PG II: 0.5L......  For ``Fuel cell
                                                                                           cartridges containing
                                                                                           corrosive
                                                                                           substances''
                                                                                           (UN3477), see Sec.
                                                                                           173.230 of this part.
                                 PG III: 0.5L.....  PG III: 0.5L.....  PG III: 1.0L.
Class 8 (solid material).......  PG II: 0.5 kg....  PG II: 0.5 kg....  PG II: 5.0 kg*...  * Maximum net quantity
                                                                                           per outer package for
                                                                                           UN2430 is 1.0 kg.
                                                                                           UN2794, UN2795,
                                                                                           UN2803, UN2809,
                                                                                           UN3028 are not
                                                                                           authorized as limited
                                                                                           quantity.
                                 PG III: 1.0 kg...  PG III: 1.0 kg...  PG III: 5.0 kg...
Class 9 (liquid material)......  30 mL (UN3316);    30 mL (UN3316);    1 kg (UN3316); 30  Authorized materials:
                                  5.0L (UN1941,      5.0L (UN1941,      kg gross (all      UN1941, UN1990,
                                  UN1990, UN3082).   UN1990, UN3082).   other authorized   UN2071, UN3077,
                                                                        Class 9            UN3082, UN3334, and
                                                                        material).         UN3335. Additionally,
                                                                                           Consumer commodity
                                                                                           (ID8000) in
                                                                                           accordance with Sec.
                                                                                            173.167 of this part
                                                                                           and Chemical kit or
                                                                                           First aid kit
                                                                                           (UN3316) in
                                                                                           accordance with Sec.
                                                                                            173.161 of this part
                                                                                           are authorized.
Class 9 (solid material).......  100 g (UN3316);    100 g (UN3316);    1 kg (UN3316); 30
                                  5.0 kg (UN2071,    5.0 kg (UN2071,    kg gross (all
                                  UN3077).           UN3077).           other authorized
                                                                        Class 9
                                                                        material).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
6. In Sec.  173.124, the paragraph (b)(2) heading is revised to read as 
follows:


Sec.  173.124  Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.

* * * * *
    (b) * * *
    (2) Self-heating material. * * *
* * * * *

0
7. In Sec.  173.151, in paragraph (d), the third sentence is revised to 
read as follows:


Sec.  173.151  Exceptions for Class 4.

* * * * *
    (d) * * * A limited quantity package that conforms to the 
provisions of this section is 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, or is offered for transportation and 
transported by aircraft or vessel. * * *
* * * * *

0
8. In Sec.  173.156, paragraph (b)(1) introductory text is revised to 
read as follows:


Sec.  173.156  Exceptions for limited quantity and ORM.

* * * * *
    (b) * * *
    (1) Strong outer packagings as specified in this part, marking 
requirements specified in subpart D of part 172 of this subchapter, and 
the 30 kg (66 pounds) gross weight limitation are not required for 
packages of limited quantity materials or, until December

[[Page 82178]]

31, 2013, materials classed as ORM-D when--
* * * * *

0
9. In Sec.  173.306:
0
a. In paragraph (a) introductory text, the second sentence is revised.
0
b. In paragraph (a)(1), the second sentence is revised.
0
c. In paragraph (a)(3) introductory text, the second sentence is 
revised.
0
d. In paragraph (a)(5) introductory text, the second sentence is 
revised.
0
e. In paragraph (b) introductory text, the third sentence is revised.
0
f. In paragraph (b) introductory text, the fifth sentence is revised.
0
g. Paragraph (h)(2)(i) is revised.
    The revisions read as follows:


Sec.  173.306  Limited quantities of compressed gases.

    (a) * * * For transportation by aircraft, the package must conform 
to the applicable requirements of Sec.  173.27 of this subchapter and 
only packages of hazardous materials authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. * * *
    (1) * * * Additional exceptions for certain compressed gases in 
limited quantities and the ORM-D hazard class are provided in paragraph 
(i) of this section.
* * * * *
    (3) * * * Additional exceptions for certain compressed gases in 
limited quantities and the ORM-D hazard class are provided in paragraph 
(i) of this section.
* * * * *
    (5) * * * Additional exceptions for certain compressed gases in 
limited quantities and the ORM-D hazard class are provided in paragraph 
(i) of this section.
* * * * *
    (b) * * * For transportation by aircraft, the package must conform 
to the applicable requirements of Sec.  173.27 of this subchapter and 
only packages of hazardous materials authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. * * * 
Additional exceptions for certain compressed gases in limited 
quantities and the ORM-D hazard class are provided in paragraph (i) of 
this section.
* * * * *
    (h) * * *
    (2) Exceptions. (i) For other than transportation by aircraft, 
exceptions for certain compressed gases in limited quantities and the 
ORM-D hazard class are provided in paragraph (i) of this section.
* * * * *

0
10. In Sec.  173.311, the second sentence is revised to read as 
follows:


Sec.  173.311  Metal hydride storage systems.

    * * * Metal hydride storage systems must be designed, constructed, 
initially inspected and tested in accordance with ISO 16111 (IBR, see 
Sec.  171.7 of this subchapter) as authorized under Sec.  178.71(m) of 
this subchapter. * * *

PART 175--CARRIAGE BY AIRCRAFT

0
11. 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
12. In Sec.  175.10, paragraph (a)(19) is revised to read as follows:


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

    (a) * * *
    (19) Fuel cells used to power portable electronic devices (e.g., 
cameras, cellular phones, laptop computers and camcorders) and spare 
fuel cell cartridges when transported personal use under the following 
conditions:
    (i) Fuel cells and fuel cell cartridges may contain only Division 
2.1 liquefied flammable gas, or hydrogen in a metal hydride, Class 3 
flammable liquid (including methanol), Division 4.3 water-reactive 
material, or Class 8 corrosive material;
    (ii) The quantity of fuel in any fuel cell or 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) For hydrogen in metal hydride, the fuel cell cartridges must 
have a water capacity of 120 mL (4 fluid ounces) or less;
    (iii) No more than two spare fuel cell cartridges may be carried by 
a passenger or crew member as follows:
    (A) Fuel cell cartridges containing Class 3 flammable liquid 
(including methanol) and Class 8 corrosive material in carry-on or 
checked baggage; and
    (B) Division 2.1 liquefied flammable gas or hydrogen in a metal 
hydride and Division 4.3 water-reactive material in carry-on baggage 
only;
    (iv) Fuel cells containing fuel 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) of this subchapter;
    (vi) Refueling of a fuel cell aboard an aircraft is not permitted 
except that the installation of a spare cartridge is allowed;
    (vii) Each fuel cell and fuel cell cartridge must conform to IEC/
PAS 62282-6-1 (IBR; see Sec.  171.7 of this subchapter) and must be 
marked with a manufacturer's certification that it conforms to the 
specification. In addition, each fuel cell cartridge must be marked 
with the maximum quantity and type of fuel in the cartridge;
    (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 cells whose sole function is to charge a battery in 
the device are not permitted; and
    (ix) Fuel cells must be of a type that will not charge batteries 
when the consumer electronic device is not in use and must be durably 
marked by the manufacturer with the wording: ``APPROVED FOR CARRIAGE IN 
AIRCRAFT CABIN ONLY'' to indicate that the fuel cell meets this 
requirement.
* * * * *


0
13. Section 175.75 is revised to read as follows:


Sec.  175.75  Quantity limitations and cargo location.

    (a) No person may carry on an aircraft a hazardous material except 
as permitted by this subchapter.
    (b) Except as otherwise provided in this subchapter, no person may 
carry a hazardous material in the cabin of a passenger-carrying 
aircraft or on the flight deck of any aircraft, and the hazardous 
material must be located in a place that is inaccessible to persons 
other than crew members. Hazardous materials may be carried in a main 
deck cargo compartment of a passenger aircraft provided that the 
compartment is inaccessible to passengers and that it meets all 
certification requirements for a Class B aircraft cargo compartment in 
14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR 
25.857(c). A package bearing a ``KEEP AWAY FROM HEAT'' handling marking 
must be protected from direct sunshine and stored in a cool and 
ventilated place, away from sources of heat.
    (c) For each package containing a hazardous material acceptable for 
carriage aboard passenger-carrying aircraft, no more than 25 kg (55 
pounds) net weight of hazardous material may be loaded in an 
inaccessible manner. In addition to the 25 kg limitation, an additional 
75 kg (165 pounds) net weight of Division 2.2 (non-flammable compressed 
gas) may be loaded in an inaccessible manner. The requirements of this 
paragraph do not apply to Class 9, ORM-D-AIR and Limited or Excepted 
Quantity material.

[[Page 82179]]

    (d) For the purposes of this section--
    (1) Accessible means, on passenger-carrying or cargo-only aircraft 
that each package is loaded where a crew member or other authorized 
person can access, handle, and, when size and weight permit, separate 
such packages from other cargo during flight, including a freight 
container in an accessible cargo compartment when packages are loaded 
in an accessible manner. Additionally, a package is considered 
accessible when transported on a cargo-only aircraft if it is:
    (i) In a cargo compartment certified by FAA as a Class C aircraft 
cargo compartment as defined in 14 CFR 25.857(c); or
    (ii) 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.
    (2) Inaccessible means all other configurations to include packages 
loaded where a crew member or other authorized person cannot access, 
handle, and, when size and weight permit, separate such packages from 
other cargo during flight, including a freight container in an 
accessible cargo compartment when packages are loaded in an 
inaccessible manner.
    (e) For transport aboard cargo-only aircraft, the requirements of 
paragraphs (c) and (d) of this section do not apply to the following 
hazardous materials:
    (1) Class 3, PG III (unless the substance is also labeled 
CORROSIVE), Class 6 (unless the substance is also labeled FLAMMABLE 
LIQUID (PG II and III only)), Division 6.2, Class 7 (unless the 
hazardous material meets the definition of another hazard class), Class 
9, and those marked as ORM-D-AIR, Limited Quantity or Excepted Quantity 
material.
    (2) 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.
    (3) 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 table must be followed to maintain 
acceptable quantity and loading between packages containing hazardous 
materials. The quantity and loading table is as follows:

                                           Quantity and Loading Table
----------------------------------------------------------------------------------------------------------------
                                                               Quantity
                                                          Limitation: 25 kg
                                                            net weight of
                                                          hazardous material
          Applicability                  Forbidden          plus 75 kg net                 No limit
                                                          weight of Division
                                                          2.2 (non-flammable
                                                         compressed gas) per
                                                          cargo compartment
----------------------------------------------------------------------------------------------------------------
Passenger-carrying aircraft......  Cargo Aircraft Only   Inaccessible.......  Accessible.
                                    labeled packages.
Cargo-only aircraft--............  Not applicable......  Inaccessible (Note   Accessible (Note 2).
Packages authorized aboard a                              1).
 passenger-carrying aircraft.
Cargo-only aircraft--............  Inaccessible (Note    Not applicable.....  Accessible (Note 2).
Packages not authorized aboard a    1).
 passenger-carrying aircraft and
 displaying a Cargo Aircraft Only
 label.
----------------------------------------------------------------------------------------------------------------
Note 1: The following materials are not subject to this loading restriction--
a. Class 3, PG III (unless the substance is also labeled CORROSIVE).
b. Class 6 (unless the substance is also labeled FLAMMABLE LIQUID (PG II and III only)).
c. Class 7 (unless the hazardous material meets the definition of another hazard class).
d. Class 9, ORM-D-AIR and Limited Quantity or Excepted Quantity material.
Note 2: Aboard cargo-only aircraft, packages required to be loaded in a position that is considered to be
  accessible include those loaded in a Class C cargo compartment.

PART 176--CARRIAGE BY VESSEL

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

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


0
15. In Sec.  176.905, paragraph (j) is revised to read as follows:


Sec.  176.905  Stowage of motor vehicles or mechanical equipment.

* * * * *
    (j) Except as provided in Sec.  173.220(f) of this subchapter, the 
provisions of this subchapter do not apply to items of equipment such 
as fire extinguishers, compressed gas accumulators, airbag inflators 
and the like which are installed in the vehicle or mechanical equipment 
if they are necessary for the operation of the vehicle or equipment, or 
for the safety of its operator or passengers.


    Issued in Washington, DC, on December 20, 2011, under authority 
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. 2011-33358 Filed 12-29-11; 8:45 am]
BILLING CODE 4910-60-P


