
[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65453-65488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24714]



[[Page 65453]]

Vol. 78

Thursday,

No. 211

October 31, 2013

Part II





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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





Hazardous Materials: Corrections and Response to Administrative Appeals 
(HM-215K, HM-215L, HM-218G and HM-219); Final Rule

  Federal Register / Vol. 78 , No. 211 / Thursday, October 31, 2013 / 
Rules and Regulations  

[[Page 65454]]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket No. PHMSA-2013-0041]
RIN 2137-AF01


Hazardous Materials: Corrections and Response to Administrative 
Appeals (HM-215K, HM-215L, HM-218G and HM-219).

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

ACTION: Final rule.

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SUMMARY: This final rule corrects editorial errors and amends certain 
requirements in response to administrative appeals submitted by persons 
affected by certain final rules published in the Federal Register.

DATES: Effective date: The effective date of this document is October 
31, 2013.
    Voluntary compliance date: PHMSA is authorizing voluntary 
compliance beginning October 31, 2013.
    Delayed compliance date: Unless otherwise specified, compliance 
with the amendments adopted in this final rule is required beginning 
January 1, 2014.
    Incorporation by reference date: The incorporation by reference of 
certain publications listed in this rule is approved by the Director of 
the Federal Register as of October 31, 2013.

FOR FURTHER INFORMATION CONTACT: Aaron Wiener or Shane Kelley, 
International Standards, 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: This final rule corrects editorial errors 
and amends certain requirements in response to administrative appeals 
submitted by persons affected by the final rules published under Docket 
Numbers: PHMSA-2009-0126 (HM-215K) [78 FR 1101], PHMSA-2012-0027 (HM-
215L) [78 FR 987], PHMSA-2011-0138 (HM-218G) [78 FR 15303], and PHMSA-
2011-0142 (HM-219) [78 FR 14702.]

I. Background
    A. HM-215K and HM-215L
    B. HM-218G
    C. HM-219
II. Administrative Appeals
    A. HM-215K
    B. HM-215L
    C. HM-219
III. Section-by-Section Review of Changes
IV. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Orders 12866 and 13563 and DOT Regulatory Policies 
and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Policies and Procedures
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act
    K. Executive Order 13609 and International Trade Analysis

I. Background

A. HM-215K and HM-215L

    On January 7, 2013, the Pipeline and Hazardous Materials Safety 
Administration (PHMSA) published final rules under Docket Numbers 
PHMSA-2009-0126 (HM-215K) [78 FR 1101] and PHMSA-2012-0027 (HM-215L) 
[78 FR 987] to maintain alignment with international standards by 
incorporating various amendments, including changes to proper shipping 
names, hazard classes, packing groups, special provisions, packaging 
authorizations, air transport quantity limitations, and vessel stowage 
requirements. These revisions were necessary to harmonize the Hazardous 
Materials Regulations (HMR; 49 CFR parts 171-180) with recent changes 
made to the International Maritime Dangerous Goods Code (IMDG), the 
International Civil Aviation Organization's Technical Instructions for 
the Safe Transport of Dangerous Goods by Air (ICAO TI), and the United 
Nations Recommendations on the Transport of Dangerous Goods--Model 
Regulations (UN Model Regulations). This final rule responds to four 
appeals and certain comments concerning amendments in the January 7, 
2013 final rules. This rulemaking also corrects various errors made 
during the development of the rule and the printing process. Because 
the amendments adopted herein impose no new regulatory burden on any 
person, these amendments are being made effective without the usual 30-
day delay following publication. In addition, because these amendments 
do not impose new requirements, notice and public comment procedures 
are unnecessary.

B. HM-218G

    On April 26, 2012, PHMSA published an NPRM under Docket PHMSA 2011-
0138 [77 FR 24885] (HM-218G) that proposed amendments to update and 
clarify existing requirements of the HMR. The NPRM and the March 11, 
2013 final rule are part of the Department of Transportation's (DOT) 
Retrospective Regulatory Review (RRR) designed to identify ways to 
improve the HMR. The NPRM proposed amendments to update and clarify 
existing requirements by incorporating changes into the HMR based on 
PHMSA initiatives. We identified the proposed amendments through an 
extensive review of the HMR and letters of interpretation that we had 
previously issued. In addition, the NPRM proposed to incorporate a 
special permit with a longstanding history of safety into the HMR, and 
included a response to a petition for rulemaking. This rulemaking makes 
editorial changes to correct errors made during the development of the 
HM-218G rule.

C. HM-219

    On May 24, 2012, PHMSA published an NPRM under Docket PHMSA 2011-
0142 [77 FR 30976] (HM-219). The NPRM and the March 7, 2013 final rule 
are part of the DOT's RRR designed to identify ways to improve the HMR. 
The Administrative Procedure Act (APA) requires Federal agencies to 
give interested persons the right to petition an agency to issue, 
amend, or repeal a rule (5 U.S.C. 553(e)). Under PHMSA's rulemaking 
procedures, you can request a change to the HMR. 49 CFR 106.95 permits 
you to ask PHMSA to add, amend, or delete a regulation by filing a 
petition for rulemaking containing adequate support for the requested 
action. In the NPRM, we responded to eight petitions for rulemaking 
submitted to us by various stakeholders. We proposed to amend the HMR 
to update, clarify, or provide relief from miscellaneous regulatory 
requirements at the request of the regulated community. This rulemaking 
responds to administrative appeals and makes editorial corrections.

II. Administrative Appeals

A. HM-215K

    In response to the January 7, 2013 final rule, HMT Associates, 
L.L.C. (HMT) submitted an administrative appeal as follows:
1. Revised Sec.  173.167 and Reference Therein to Sec.  173.27(f)(2)
    In the January 7, 2013 final rule, PHMSA revised section 173.167 
for consistency with the ICAO TI. Specifically, the amendments were 
intended to mirror the stand-alone closure requirements and other 
provisions prescribed in Packing

[[Page 65455]]

Instruction Y963 of the ICAO TI applicable to consumer commodities 
prepared and intended for transportation by aircraft. In order to 
accomplish this, packages of consumer commodities prepared under the 
provisions of Sec.  173.167 required exclusion from the provisions of 
Subpart B of Part 173 (to include Sec.  173.27).
    PHMSA Response:
    In its administrative appeal, HMT correctly points out that the 
revisions to Sec.  173.167 in the January 7, 2013 final rule 
inadvertently provided the opposite effect by excepting such packages 
from the requirements of Subpart B of Part 173 except for Sec.  
173.27(f)(2) (emphasis added). Therefore, a correction is necessary and 
warranted because Sec.  173.27(f)(2)(iv) requires a secondary means of 
closure for combination packages of liquid limited quantity material. 
Thus, we are granting HMT's administrative appeal and revise Sec. Sec.  
173.24(i) and 173.167 accordingly for consumer commodities described 
under ID8000.
2. Export Shipments of Consumer Commodities (ID8000)
    As previously stated, in the January 7, 2013 final rule, Sec.  
173.167 was revised for consistency with the consumer commodity 
(ID8000) provisions under Packing Instruction Y963 of the ICAO TI. As a 
result, unintended consequences were forced upon U.S. exporters of such 
articles and substances. For example, in its administrative appeal, HMT 
points out that an exporter must comply with:
     Section 171.22(g)(5) when using international standards to 
prepare shipments;
     Section 171.22(g)(5) prescribes compliance with the 
general packaging requirements in Sec. Sec.  173.24 and 173.24(a);
     Section 173.24(i) prescribes compliance with Sec.  173.27; 
and
     Section 173.27 requires a secondary means of closure on 
inner packagings of combination packages containing liquids. Such a 
requirement is inconsistent with Packing Instruction Y963 of the ICAO 
TI.
    PHMSA Response:
    We agree with HMT. In this final rule, we are granting its 
administrative appeal by revising Sec. Sec.  173.24(i) and 173.167. 
Consequently, revising Sec.  171.22(g)(5) is not necessary.

B. HM-215L

    In response to the January 7, 2013 final rule, administrative 
appeals were submitted by the following companies and organizations:

Dangerous Goods Advisory Council, Inc. (DGAC).
Kilofarad International.
Sporting Arms & Ammunition Manufacturer's Institute (SAAMI).

    These administrative appeals are discussed in detail below.
1. Lithium Cell and Battery Design Tests
    PHMSA received one administrative appeal from DGAC related to our 
adoption of Amendment 1 to the 5th revised edition of the UN Manual of 
Tests and Criteria. Specifically, DGAC is concerned that we did not 
provide in Sec.  173.185(a)(1) for the continued manufacture of lithium 
cells and batteries of a type tested in accordance with the 5th revised 
edition of the UN Manual of Tests and Criteria. The DGAC appeal says 
that this action would seem to require that all cells and batteries 
first transported after January 1, 2006, will have to be of a type 
tested in conformance with the newly incorporated edition of the UN 
Manual of Tests and Criteria.
    DGAC recommends that PHMSA clarify that, irrespective of the 
January 1, 2006 date in Sec.  173.185(a)(1), newly manufactured cells 
and batteries of a type successfully tested to the UN Manual of Tests 
and Criteria, 3rd revised edition, Amendment 1, or a later edition, may 
be transported without the need for the cell or battery type to be 
retested and that cells and batteries already distributed and tested to 
a previous edition of the UN Manual of Tests and Criteria may continue 
to be transported.
    PHMSA Response:
    DGAC correctly points out that we did not, consistent with previous 
practice, include a grandfather provision for cells and batteries of a 
type that meets the 5th revised edition. While this does not change our 
intent to continue to permit the continued manufacture and 
transportation of lithium cells and batteries of a type meeting the 
requirements of a previously authorized edition of the UN Manual of 
Tests and Criteria, we agree this may result in confusion and 
unnecessary retesting of previously validated designs.
    In this final rule, we are accepting DGAC's appeal. We are adopting 
its recommendation by adding a clarifying amendment to Sec.  173.185. 
This amendment will provide a straightforward means of permitting the 
continued manufacture and transport of lithium cell and battery designs 
that were tested in accordance with the version of the UN Manual of 
Tests and Criteria effective when the cell/battery was first 
manufactured.
2. Capacitors
    PHMSA received administrative appeals from DGAC and Kilofarad 
International relating to Sec.  173.176. This section was added in the 
January 7, 2013 final rule (HM-215L) and prescribes the requirements 
for capacitors. DGAC and Kilofarad International contend that Sec.  
173.176 does not align with the ICAO TI, in that an exception for short 
circuit protection for a capacitor, or a capacitor in a module with an 
energy storage capacity less than or equal to 10 Wh, provided in 
special provision of A186 of the ICAO TI, is not provided in Sec.  
173.176.
    PHMSA Response:
    Upon review, we agree and grant the appeals of DGAC and Kilofarad 
International as they pertain to Sec.  173.176. In this final rule, we 
are correcting this oversight by revising paragraphs (a)(2)(i) and 
(a)(2)(ii) of Sec.  173.176 to maintain consistency with the ICAO TI. A 
detailed discussion of this change is included in the Section-by-
Section Review for Sec.  173.176.
3. Class 1 Appeal (Various)
    PHMSA received an administrative appeal from SAAMI regarding 
various amendments in HM-215L made to requirements for transporting 
certain Class 1 (explosive) materials. The SAAMI appeal consists of 
eight separate issues that are summarized and discussed below.
    SAAMI notes that in HM-215L the word ``None'' was removed from 
Column (6) label codes and replaced with ``1.4S'' for the entries for 
UN0012, ``Cartridges, small arms'' and UN0014, ``Cartridges, small 
arms, blank'' in the Hazardous Materials Table (HMT). SAAMI notes that 
there was no discussion of this change in the preamble to the final 
rule and that the change was not proposed in the NPRM. SAAMI asks if 
these changes were inadvertent. We acknowledge that there were 
inadvertent changes, and therefore we are putting the word ``None'' 
back in Column (6) for these two entries.
    SAAMI states that for the HMT entry UN0323, ``Cartridges, power 
device'' the reference to Sec.  173.63 was removed from Column (8A) and 
replaced with the word ``None.'' SAAMI requests that PHMSA reinsert the 
reference to Sec.  173.63 in Column (8A), as the removal of this 
reference breaks the connection to the ORM-D provisions for this table 
entry. We agree, and we will reinsert the reference.
    In HM-215L, several changes were made to the ``Cartridges, small 
arms'' and ``Cartridges, power device'' HMT entries to ensure these 
articles would

[[Page 65456]]

not be offered as ORM-D-AIR shipments. These HMT entries had Column 
(9B) quantity limitations for cargo aircraft revised from ``30 kg'' to 
``Forbidden'' and a new Special Provision 222 was assigned, which 
states that shipments offered for transport by aircraft may not be 
reclassed as ORM-D. SAAMI notes in its appeal that these changes were 
not applied consistently to all ORM-D entries in the HMT, and requests 
we make similar changes to the ORM-D ``Consumer commodity'' HMT entry 
for consistency. We agree, and we are amending the HMT entry for 
``Consumer commodity'' by adding Special Provision 222 to Column (7) 
and replacing ``30 kg'' with ``Forbidden'' in Column (9B).
    SAAMI requests that the word ``None'' should be deleted and left 
blank in Column (4) for the ORM-D ``Cartridges, power device'' entry to 
be consistent with the ORM-D entries for ``Cartridges, small arms'' and 
``Consumer commodity''. We agree and we will delete the word ``None'' 
and leave the column blank for this entry.
    SAAMI notes that the packing group entries in Column (5) for UN0501 
and UN0509 in the HMT are blank, but for consistency with the other 
Class 1 (explosive) entries these should be changed to ``II''. We 
agree, and we are granting SAAMI's appeal on this issue.
    The SAAMI appeal asks that we clarify section 173.63(b) to ensure 
the terms ``Cartridges, power device (used to project fastening 
devices) and ``Cartridges, power device,'' are appropriately identified 
within the section. We agree that some clarifying amendments are needed 
to Sec.  173.63 to ensure proper shipment of ``Cartridges, power 
device'' and ``Cartridges, power device (used to project fastening 
devices).''
    SAAMI requests that clarifying text be added to indicate that 
packages properly prepared in accordance with the requirements of Sec.  
173.63(b) receive relief from the loading limits in Sec.  175.75. It 
was never our intent to subject these shipments to these requirements 
when they have historically received relief from the accessibility 
requirements of Sec.  175.75. A shipment of UN0012, UN0014, or UN0055 
properly packaged and marked in accordance with Sec.  173.63(b), is 
excepted from the requirements of Sec.  175.75(c) and (e)(1) if it is 
declared on air transport shipping papers as a limited quantity or not. 
We agree, and we are granting SAAMI's appeal on this issue by amending 
the list of materials that are excepted from the inaccessible loading 
limits in Sec.  175.75.
    SAAMI contends that the following language, added to Sec.  173.63 
in the January 7, 2013 final rule (HM-215L), constitutes a new 
requirement for limited quantities of small arms ammunition to be 
marked with the proper shipping when transported by air that was not 
required by the final rule published on January 19, 2011 (76 FR 3308, 
HM-215K):

    In addition, packages containing such articles offered for 
transportation by aircraft must be marked with the proper shipping 
name as prescribed in the Sec.  172.101 Hazardous Materials Table of 
this subchapter.

    We disagree. The addition of the above language in the January 7, 
2013 final rule (HM-215L) clarified that for transportation by air, 
these articles are required to be marked with the proper shipping name. 
This clarification did not impose a new or additional marking 
requirement. The requirement for packages containing these articles to 
be marked with the proper shipping name, when transported by air, was 
included in the January 19, 2011 (76 FR 3308, HM-215K) final rule, 
which provided in Sec.  173.63, ``Packages containing such articles 
must be marked as prescribed in Sec.  172.315.'' Section 172.315(a) 
further provides, ``Except for transportation by aircraft or as 
otherwise provided in this subchapter, a package containing a limited 
quantity of hazardous material is not required to be marked with the 
proper shipping name and identification (ID) number when marked in 
accordance with the white square-on-point limited quantity marking * * 
*'' It is clear that under the final rule published on January 19, 2011 
(76 FR 3308, HM-215K), packages containing these articles were not 
excepted from the requirement to be marked with the proper shipping 
name when transported by air. In addition, this requirement is 
consistent with the ICAO TI that also requires packages containing 
these articles to be marked with the proper shipping name. Accordingly, 
we are denying SAAMI's appeal as it relates to this issue.

C. HM-219

    In response to the March 7, 2013 final rule, administrative appeals 
were submitted by the following companies and organizations:

DGAC.
SAAMI.
Reusable Industrial Packing Association (RIPA).
1. Smokeless Powder, Division 1.4C (P-1559)
    Section 173.171 of the HMR allows smokeless powder for small arms 
that has been classed as Division 1.3C (Explosive) to be reclassed for 
domestic transportation as a Division 4.1 (Flammable Solid) material 
for transportation by motor vehicle, rail car, vessel, or cargo-only 
aircraft, subject to certain conditions. In a final rule published on 
January 14, 2009 under Docket Nos. PHMSA-2007-0065 (HM-224D) and PHMSA-
2008-0005 (HM-215J), we added a new description to the HMT for UN0509, 
``Powder, smokeless, Division 1.4C.'' However, the rulemaking did not 
extend the exception provided for Division 1.3C in Sec.  173.171 to 
Division 1.4C materials.
    SAAMI, in a petition (P-1559), requested that we amend Sec.  
173.171 to allow Division 1.4C smokeless powder to be reclassed as a 
Division 4.1 material. SAAMI sought, with proper examination and 
approval, to allow a Division 1.4C material which, by definition (see 
Sec.  173.50), poses the lesser safety risk when compared with Division 
1.3 explosives, to be reclassed as a Division 4.1 material.
    We included SAAMI's proposal, with some modifications, in the HM-
219 NPRM. The petition asked that we amend Sec.  173.171(a) by adding 
the text ``and 1.4C'' after the text ``1.3.'' In the HM-219 NPRM, we 
revised Sec.  173.171 to address Division 1.4C explosives and added a 
new separate paragraph for Division 1.4C explosives to ensure that the 
allowable net mass in the combination packagings did not exceed the net 
mass of the material that had been examined and approved. In addition, 
we proposed to revise Special Provision 16 in Sec.  172.102 to reflect 
the addition of Division 1.4C explosives. We received a comment to the 
NPRM from SAAMI stating that they:

    [H]ave studied this proposed change, and find that the sole 
effect is to allow a flammable solid which emanated from a Division 
1.4 classification to exceed the current eight pound limit per inner 
package. Unless a need for this change is substantiated, we see no 
reason why the flammable solid classification limit for inner 
packages should be amended. Furthermore this would be unenforceable 
in the field.

    We considered this and the other comments to the NPRM, and 
published a final rule on March 7, 2013, under Docket Number PHMSA-
2011-0142 (HM-219). With regard to the amendments adopted in the final 
rule for smokeless powder for small arms we modified the amendments 
proposed in the NPRM as follows:
     Special Provision 16 of Sec.  172.102 was revised to read: 
``This description applies to smokeless powder and other propellant 
powders that are used as powder for small arms and have been

[[Page 65457]]

classed as Division 1.3C and 1.4C and reclassed to Division 4.1 in 
accordance with Sec.  173.56 and Sec.  173.58 of this subchapter.''
     The introductory paragraph of Sec.  173.171 was revised to 
read: ``Powders that have been classed in Division 1.3 or Division 1.4C 
may be reclassed in Division 4.1, for domestic transportation by motor 
vehicle, rail car, vessel, or cargo-only aircraft, subject to the 
following conditions.''
     Section 173.171(a) was revised to read: ``Powders that 
have been approved as Division 1.3C or Division 1.4C may be reclassed 
to Division 4.1 in accordance with Sec. Sec.  173.56 and 173.58 of this 
part.''
     Section 173.171(c) was revised to read: ``Only combination 
packagings with inner packagings not exceeding 3.6 kg (8 pounds) net 
mass and outer packaging of UN 4G fiberboard boxes meeting the Packing 
Group I standards are authorized. Inner packagings must be arranged and 
protected so as to prevent simultaneous ignition of the contents. The 
complete package must be of the same type that has been examined as 
required in Sec.  173.56 of this part.''
     Section 173.171(d) was revised to read: ``The net weight 
of smokeless powder in any one box (one package) must not exceed 7.3 kg 
(16 pounds).''
    PHMSA Response:
    On March 17, 2013, SAAMI submitted an appeal to the regulatory 
changes adopted in the HM-219 final rule with respect to smokeless 
powder. SAAMI requested that we remove ``all changes in the final rule 
which were not in the proposed rule, except those changes which deleted 
extraneous text from the proposed rule in response to SAAMI's 
comments.'' SAAMI also noted in its appeal that HM-219 inadvertently 
showed ``Forbidden'' in Column (9B) in conjunction with the listing in 
the HMT for UN0509, ``Smokeless powder, Division 1.4C.''
    SAAMI appealed the wording in the HM-219 final rule of Special 
Provision 16. It indicated that it should read as it did in the NPRM, 
which was: ``[t]his description applies to smokeless powder and other 
solid propellants that are used as powder for small arms and have been 
classed as Division 1.3, 1.4 and 4.1 in accordance with Sec.  173.56 of 
this subchapter.'' We revised Special Provision 16 in the final rule 
because it was our intent to clearly indicate that only smokeless 
powder or propellant in powder form may qualify for reclassification as 
Division 4.1, and ensure that powders that have hazard properties 
different from ``propellants'' could not be reclassified into Division 
4.1. SAAMI indicated that the introductory text in Sec.  173.171 should 
read as follows:

    Smokeless powder for small arms which has been classed in 
Division 1.3 or Division 1.4 may be reclassed in Division 4.1, for 
domestic transportation by motor vehicle, rail car, vessel, or 
cargo-only aircraft, subject to the following conditions:

    As with Special Provision 16, by changing the terminology in the 
final rule from ``solid propellants'' to ``propellant powders'' it was 
our intent to clearly indicate that only smokeless powder or propellant 
in powder form may qualify for reclassification as Division 4.1, and we 
wanted to ensure that powders that have hazard properties different 
from ``propellants'' could not be reclassified into Division 4.1. In 
the HM-219 final rule, we had revised the language in Sec.  173.171(a) 
to read: ``Powders that have been approved as Division 1.3C or Division 
1.4C may be reclassed to Division 4.1 in accordance with Sec. Sec.  
173.56 and 173.58 of this part.'' SAAMI indicated that Sec.  173.171(a) 
should read:

    (a) The powder must be examined and approved for a Division 1.3 
or Division 1.4 and Division 4.1 classification in accordance with 
Sec. Sec.  173.56 and 173.58 of this part.

    As indicated in the HM-219 final rule, our intent with the revision 
to Sec. Sec.  173.171(c) and 173.171(d) was to ensure that the 
allowable net mass did not exceed the net mass of the material that had 
been examined and approved. The consequences of the revision detailed 
in SAAMI's appeal were unintentional. SAAMI indicated that the 
amendments to Sec. Sec.  173.171(c) and 173.171(d) should be retracted. 
They state:

    The deletion of text in paragraph (d) ignores [that paragraph 
(d) authorizes the intermixing of different inner packaging of 
tested and approved combination packagings with no further testing 
provided certain conditions are met and that several packages 
meeting the condition set forth in Sec.  173.171(d) may be 
overpacked together if the 100 pound net mass limitation is not 
exceeded] and prohibits the ability to mix brands and sizes of 
powder without further EX approval or performance oriented packaging 
(POP) testing.

    In this response to SAAMI's appeal, we are revising the listing in 
the HMT for UN0509, ``Smokeless powder, Division 1.4C'' in Column (9B) 
to read ``75 kg'' and revising the vessel stowage codes in Columns 
(10A) and (10B) to show ``2'' and ``25,'' respectively. These were 
unintentional typographical errors. This was not the intention of the 
HM-219 rulemaking and we are correcting those errors in this final 
rule.
    We are revising special provision 16 to read as it did in the HM-
219 NPRM, and the introductory language in Sec.  173.171 to read: 
``Smokeless powder for small arms which has been classed in Division 
1.3 or Division 1.4 may be reclassed in Division 4.1, for domestic 
transportation by motor vehicle, rail car, vessel, or cargo-only 
aircraft, subject to the following conditions.'' We are also 
reestablishing Sec. Sec.  173.171(c) and 173.171(d) to read as they did 
before the amendments of HM-219 were adopted. These amendments were 
made in the interest of clarification.
    As the revisions to the wording to Sec.  173.171(a) in HM-219 were 
designed to provide relief for shippers of smokeless powder, in that 
they would not be required to retest powders already classed as 
Division 1.3C or 1.4C, we are retaining the wording as shown in the HM-
219 final rule for Sec.  173.171(a).
2. Clarification of Alcohol and Gasoline Mixtures (P-1522)
    In HM-219, PHMSA responded to Shell Chemicals' petition (P-1522) to 
remove from the HMT the listing for ``Gasohol, with not more than 10% 
ethanol.'' Shell Chemicals stated that the proper shipping names for 
``Gasoline, includes gasoline mixed with ethyl alcohol (ethanol), with 
not more than 10% alcohol'' and ``Ethanol and gasoline mixture or 
Ethanol and motor spirit mixture or Ethanol and petrol mixture with 
more than 10% ethanol,'' provide the necessary entries for accurate and 
specific descriptions of these fuel blends. Consistent with the removal 
of Gasohol from the HMT, Shell Chemicals requested that we remove 
reference to Gasohol in Sec. Sec.  172.336(c)(4) and 172.336(c)(5), 
which contain hazard communication requirements for compartmented cargo 
tanks, tank cars, or cargo tanks containing these fuels. These 
provisions were amended as the result of a final rule issued on January 
28, 2008, under Docket No. PHMSA-05-21812 (HM-218D), and were intended 
to help emergency responders identify and respond to the hazards unique 
to fuel blends with high ethanol concentrations.
    Shell Chemicals also requested that we remove special provision 172 
from Column (7) in association with all packing groups for the Proper 
Shipping Name ``Alcohols, n.o.s.'' Special provision 172 states that 
``this entry includes alcohol mixtures containing up to 5% petroleum 
products.''
    In its petition, Shell Chemicals contended that:

    Canada does not permit the use of UN1987, Alcohols, n.o.s.' for 
alcohol mixtures containing up to 5% petroleum products. A shipment 
originating in the United States,

[[Page 65458]]

destined for a customer in Canada using the proper shipping name of 
``UN1987, Alcohols, n.o.s.'' must change the placard and the proper 
shipping name and to use the entry `UN3475, Ethanol and Gasoline 
mixture,' when the packaging is returned to the United States. The 
use of both PSN entries causes a lot of confusion.

    For these reasons, Shell Chemicals stated that these blends should 
not be permitted to be transported under the ``UN 1987, Alcohols, 
n.o.s.''; rather, ``NA 1987, Denatured alcohol,'' and ``UN 3475, 
Ethanol and gasoline mixture or Ethanol and motor spirit mixture or 
Ethanol and petrol mixture,'' are more appropriate descriptions.
    In the HM-219 NPRM, we proposed removal of the entry ``Gasohol'' 
from the HMT and we retained special provision 172 in association with 
``Alcohols, n.o.s.'' We indicated that, while we agree that ``Denatured 
alcohol'' is a more accurate description, this proper shipping name 
applies to domestic shipments only and may not be available to imported 
shipments of alcohol mixtures containing up to 5% petroleum products.
    DGAC, in its comments to the HM-219 NPRM, agreed with Shell 
Chemicals and stated that:

    [I]n North America, international shipments of gasoline/ethanol 
mixtures are predominately between the US and Canada by either 
highway or rail. Canada does not permit the use of UN1987 in the 
manner permitted by Special Provision 172. Shipments where UN1987 is 
used for ethanol/gasoline mixtures face frustrations when moving 
into Canada, requiring placards to be changed to comply with 
Canadian regulations.

    DGAC stated that the full range of gasoline and ethanol 
concentrations is covered by UN1203 and UN3475, making special 
provision 172 unnecessary. We agree that the full range of gasoline and 
ethanol concentrations can be covered by UN1203 and UN3475. However, 
when the regulations were changed to incorporate UN3475, and the number 
of shipments and types of gasoline/ethanol blends increased in 2008, 
stakeholders (including industry, emergency responders, and local, 
state and Federal government entities) made it apparent that there was 
a need for that special provision. Special provision 172 was 
established in response to concerns expressed by stakeholders for the 
safety of emergency responders. The Emergency Response Guidebook (ERG) 
directs emergency responders to Guide 128 for ID number 1993, and 
recommends ``regular foam'' to fight large fires. Guide 127 for ID 
number 1987 recommends ``alcohol-resistant foam.'' Special provision 
172, as provided in the entries for ``Denatured Alcohol, NA 1987'' and 
``Alcohols, n.o.s., UN 1987,'' allows solutions of alcohol and 
petroleum products to be described as either ``Denatured Alcohol'' or 
``Alcohols, n.o.s.,'' provided the solution contains no more than 5% 
petroleum products, and alerts emergency responders as to the type of 
foam needed to extinguish a fire. For these reasons, in the HM-219 
final rule we amended the HMT by removing the listing for ``Gasohol, 
gasoline mixed with ethyl alcohol, with not more than 10% alcohol,'' we 
retained Special provision 172, and we revised Sec.  172.336 to remove 
all references to ``Gasohol'' and to add a table to more clearly 
indicate hazard communication requirements for compartmented cargo 
tanks, tank cars, or cargo tanks containing these fuels.
    PHMSA Response:
    On April 3, 2013, DGAC appealed the retention of special provision 
172 and requested that we provide a one-year effective date for the 
removal of the listing in the HMT for ``Gasohol.'' DGAC reasoned that 
special provision 172 should be removed because Canada no longer 
recognizes it, and that special provision 330 in the UN Model 
Regulations, which closely resembled special provision 172, was removed 
in the 14th edition.
    With respect to extending the effective date to one year from 
publication of final rule HM-219 for the removal of the listing for 
``Gasohol'' in the HMT, this is already authorized in Sec.  172.101(l). 
By operation of law, packages filled prior to the effective date of the 
amendment may be shipped; and stocks of preprinted shipping papers and 
package markings to be used, in the manner previously authorized, until 
depleted or for a one-year period, subsequent to the effective date of 
the amendment, whichever is less. As stakeholders already have one year 
to diminish their supplies, it is not necessary for us to extend the 
effective date for the removal of Gasohol in this final rule.
    Regarding special provision 172, it is important to note that we 
did not propose its removal in the NPRM. While DGAC commented to our 
intent to retain special provision 172 citing reasons why it should be 
removed, we disagreed with DGAC in the HM-219 final rule. Although 
special provision 330 was removed from the UN Model Regulations, we 
believe that domestically it provides emergency responders with 
accurate and important response guidance. Furthermore, because we did 
not propose the removal of special provision 172 in the HM-219 NPRM, we 
cannot remove it in this final rule without providing public notice and 
the opportunity for all interested stakeholders to comment. For these 
reasons we are retaining special provision 172 in this final rule.
3. Certification Packaging Marking and Recordkeeping Requirements (P-
1479)
    PHMSA responded to a petition for rulemaking by gh Package & 
Product, Testing and Consulting, Inc. (PPTC), (P-1479), which requested 
that we consider amending the HMR to indicate that an entity performing 
continued packaging certification on a UN certification packaging is 
not allowed to use the original manufacturer's or third party 
laboratory's mark unless authorized by the manufacturer or third-party 
laboratory. PPTC also requested we amend the HMR to provide that 
packaging test reports be kept for a limited time instead of the 
current requirement of ``until the packaging is no longer 
manufactured.''
Marking
    Regarding the manufacturer's or third party tester's mark, PPTC 
stated that its third-party laboratory performed design qualification 
testing of a manufacturer's packaging at least three times, and the 
packaging failed each time. Eleven years after PPTC had tested the 
packaging, it learned that the packaging that had failed in its 
laboratory was still being manufactured and that PPTC's third-party 
laboratory symbol was being used on the packaging as the packaging 
tester's mark without permission. PPTC is of the opinion that the 
language in Sec.  178.3 is unclear because it enables anyone to use the 
manufacturer's mark, which could expose the original third-party test 
laboratory to potential liability for defective packaging and other 
packaging violations.
    Section 178.3 provides the person who is certifying compliance of a 
packaging with the option of marking the packaging with a symbol, 
rather than the company name and address, provided that the symbol is 
registered with PHMSA's Associate Administrator for Hazardous Materials 
Safety. While it is implied that the symbol being used is that of the 
person who has registered the symbol, it is not explicit. PPTC has 
indicated that since the regulations do not specify who is authorized 
to use the mark, some third-party retesters that did not initially 
certify the packaging are continuing to use the original third-party 
laboratory's symbol to certify compliance. While the symbol is 
associated with the original manufacturer or third-party laboratory,

[[Page 65459]]

that entity has no control over the packaging being retested by someone 
else.
    In the HM-219 NPRM, we proposed to revise Sec.  178.3(a)(2) to 
clarify that the required marking must identify the person who is 
certifying that the packaging has passed either the periodic retest or 
the design qualification test. We further proposed that, unless 
authorized in writing by the holder of the symbol, symbols must 
represent either the packaging manufacturer or the approval agency 
responsible for providing the most recent certification for the 
packaging through design certification testing or periodic retesting, 
as applicable.
    DGAC disagreed with the proposed changes stating that they would 
have the effect of replacing, in the UN performance packaging marking, 
the mark of the person who performed the design qualification tests 
with the mark of the person who performed the most recent periodic 
retest. DGAC stated that ``periodic retesting does not necessarily 
confirm compliance with all requirements applicable to a UN design type 
(e.g., requirements in Sec. Sec.  178.504-523).'' We are aware of the 
differences between design qualification and periodic retesting, and 
understand that under the UN Model Regulations the manufacturer's 
marking is intended to signify the entity responsible for the design 
qualification test. Our intent is to ensure that under the HMR, the 
marking on the packaging is traceable to the entity responsible for 
certifying the packaging--whether that certification is signifying that 
the packaging passed the design qualification test or the periodic 
retest. Currently, the HMR differ from the UN Model Regulations with 
respect to the testing of packagings because the UN Model Regulations 
only require a design test and do not require periodic retesting of 
packagings. For this reason, the UN Model Regulations do not have to 
account for the potential of unauthorized use of a third-party 
laboratory's symbol, nor do they have to distinguish what the mark 
signifies. In Chapter 6.1, paragraph 6.1.3 of the UN Recommendations, 
with respect to marking, Note 1 states that: ``The marking indicates 
that the packaging which bears it corresponds to a successfully tested 
design type and that it complies with the requirements of this Chapter 
. . .''; whereas the HMR in Sec.  178.503(a)(8) states: ``A packaging 
conforming to a UN standard must be marked as follows: [with] the name 
and address or symbol of the manufacturer or the approval agency 
certifying compliance with subpart L and subpart M of this part.'' 
Subpart M includes both design type and periodic retesting.
    Further, DGAC states that:

    [A] consequence of the proposed changes is that the UN package 
marking for a given design type would have to be changed at least 
every year in the case of single or composite packagings and every 
two years in the case of combination packagings. It does not appear 
that PHMSA has considered the costs of changing these package 
markings at this frequency in its regulatory evaluation. At a 
minimum, such marking changes could result in considerable 
administrative costs. In addition, we question whether these changes 
would provide a meaningful enhancement to safety.

    It is our intent that the certification mark indicated on a 
packaging is that of the person manufacturing the packaging, or testing 
the packaging, on behalf of the manufacturer. We anticipated the 
concerns raised by DGAC and as such, provided an allowance for the use 
of the mark of the person who performed the design qualification tests 
if authorized in writing by the holder of the mark. An additional 
option is that the mark is representative of the person who physically 
manufactured the packaging, in which case, it would not change based on 
who conducts the design testing or retesting.
    For these reasons, we adopted the changes proposed regarding the 
packaging certifier's mark in the HM-219 final rule and revised Sec.  
178.3 to indicate that the required marking must identify the person 
who is certifying that the packaging meets the applicable UN Standard. 
Further, for continued certification of the packaging through periodic 
retesting, the marking must identify the person who certifies that the 
packaging continues to meet the applicable UN Standard.
    PHMSA Response:
    In an appeal dated March 27, 2013, DGAC contends that:

    [T]he new requirement introduces certain inconsistencies within 
the HMR, the costs of the change could be significant, and that 
PHMSA has provided insufficient time to provide for orderly 
implementation. In addition, considering the lack of discussion, it 
would appear that PHMSA did not consider the change under 
requirements of the Paperwork Reduction Act. Contrary to PHMSA's 
assertion that the change is a clarification, it is a fundamental 
change to the regulations.

    DGAC also asserts that the effective date of the HM-219 final rule 
does not provide enough time for users of another entity's mark to 
request permission to use the mark. We believe that the allowances 
provided by the final rule, such as requesting permission from the 
person who conducted the design testing, using the mark of the person 
who physically manufactured the packaging, or using its own mark, are 
sufficient and timely options.
    DGAC further asserts:

    Since PHMSA did not discuss the change under the preamble 
heading ``F. Paperwork Reduction Act'', it is assumed that PHMSA's 
analysis did not account for the increased information collection 
required due to this change. Under 5 CFR Sec.  1320.3(c)(1) an 
information collection includes a ``posting, notification, labeling, 
or similar disclosure requirements''. In our opinion, a UN package 
marking would fall within this category of information collection. 
In addition, under 5 CFR Sec.  1320.2(b)(1), a burden is defined to 
include: ``(v) Adjusting the existing ways to comply with any 
previously applicable instructions and requirements;'' On this 
basis, we are under the impression that changing the required 
marking on UN packagings (i.e., replacing the design qualification 
laboratory symbol with the manufacturer or retest laboratory symbol) 
constitutes a ``burden'' as defined by the PRA regulations.

    Regarding the Paperwork Reduction Act (PRA), we have not revised 
the marking requirements. We have simply clarified in the regulations 
that a person may not use the mark of the person who performed the 
design qualification testing when marking for a periodic retest without 
the written permission of the person who performed the design 
qualification test. We see no difference in the paperwork burden 
between the current regulations and the changes made under the HM-219 
final rule. To underscore this point, we note that the requirements 
prior to the publication of the HM-219 final rule allowed the person 
that performed the periodic retest to mark the packaging with its mark. 
Specifically, for non-bulk packaging, Sec.  178.503(e)(8) requires that 
the packaging be marked with the name and address or symbol of the 
manufacturer or the approval agency certifying compliance with Subparts 
L and M of Part 178. Design qualification testing and periodic 
retesting requirements are provided in Subpart M of Part 178. The 
intent of the periodic retest is to ensure that each packaging produced 
by the manufacturer is capable of passing the design qualification 
tests.
    Therefore, we have not amended the marking requirements. Rather, we 
have merely clarified that a person who retests and marks a packaging 
may use its own mark, but may not use the mark of another testing 
entity without the written permission of that entity. For these 
reasons, we are retaining the revisions made in the HM-219 final rule 
to Sec.  178.3(a)(2) and are not extending

[[Page 65460]]

the effective date with respect to these requirements.
4. Test Reports
    The record retention requirements for packaging testing in sections 
178.601(l), 178.801(l), and 178.955(i), indicate that the test report 
must be maintained at each location where the packaging is manufactured 
and each location where the design qualification tests are conducted 
for as long as the packaging is produced and for at least two years 
thereafter. As described in PPTC's petition, the original packaging 
manufacturer or third-party packaging testing laboratory is often not 
aware that a packaging is still being made, but is required to retain 
records until the packaging is no longer made. PPTC contends that a 
third-party laboratory should not be responsible for providing 
information on packaging that it has no control or approval over.
    In the HM-219 NPRM, we proposed to revise Sec.  178.601(l), which 
specifies recordkeeping requirements for testing non-bulk packaging; 
Sec.  178.801(l), which specifies recordkeeping requirements for 
testing Intermediate Bulk Containers (IBCs); and Sec.  178.955(i), 
which specifies recordkeeping requirements for testing large 
packagings, to indicate that records must be maintained by:
     The manufacturer for as long as the packaging is made and 
two years thereafter;
     The person performing the design testing until the next 
periodic retest is successfully performed, a new test report is 
produced, and five years thereafter; and
     The person performing the periodic retest until the next 
periodic retest is successfully performed and a new test report 
produced.
    In its comments to the HM-219 NPRM, DGAC opposed this change, 
stating that:

    PHMSA may alter the required frequency based on an approval and, 
in the case of IBCs and Large packagings, PHMSA may substitute a 
quality control program for required periodic retesting (see Sec.  
178.801(e)(2)). As such, the periodic retest date is not a date 
certain, raising the question of how the person who conducted the 
design qualification tests can know the actual time period for 
retaining records. If PHMSA maintains the proposed record retention 
requirements in some form, we recommend the retention period be tied 
to the date of the design qualification testing rather than the date 
of periodic retesting. When the required packaging retest frequency 
is based on an approval and, in the case of IBCs and Large 
packagings, a quality control program is substituted for required 
periodic retesting, records would have to be maintained predicated 
on the specifications of each approval.

    We agreed with DGAC that retest dates may vary depending on a 
variety of factors (e.g. the manufacturer may choose a higher frequency 
than required, PHMSA may alter the required frequency based on an 
approval and, in the case of IBCs and large packagings, PHMSA may 
substitute a quality control program for required periodic retesting). 
In the HM-219 final rule, we added the word ``required'' in conjunction 
with the design qualification and periodic retesting recordkeeping 
requirements to clarify that records of the retest must be kept only 
for the specified duration after the HMR-required test is performed 
successfully. Specifically, we revised the language proposed in the HM-
219 NPRM in Sec.  178.601(l), which specified recordkeeping 
requirements for testing non-bulk packaging; Sec.  178.801(l), which 
specified recordkeeping requirements for testing IBCs; and Sec.  
178.955(i), which specified recordkeeping requirements for testing 
large packagings, to indicate that records are maintained until the 
next required periodic retest is successfully performed and a new test 
report produced. In all other respects, we amended the HMR as proposed 
in the HM-219 NPRM. In doing so, we limited the document retention 
period for persons conducting initial design testing to five years 
beyond the next successful required periodic retest. In addition, we 
provided a table to clearly identify the retention requirements for 
test reports. The table appeared as follows in the HM-219 final rule:

------------------------------------------------------------------------
           Responsible party                         Duration
------------------------------------------------------------------------
Person manufacturing the packaging.....  As long as manufactured and two
                                          years thereafter.
Person performing design testing.......  Until next required periodic
                                          retest is successfully
                                          performed, a new test report
                                          produced, and five years
                                          thereafter.
Person performing periodic retesting...  Until next required periodic
                                          retest is successfully
                                          performed and a new test
                                          report produced.
------------------------------------------------------------------------

    PHMSA Response:
    In an appeal dated March 28, 2013, RIPA asked that we reconsider 
the record retention requirement changes to Sec.  178.601(l), for 
testing non-bulk packaging; Sec.  178.801(l), for testing IBCs; and 
Sec.  178.955(i) for large packagings. RIPA states:

    As other commentators have pointed out, design type tests and 
periodic retests are not necessarily equivalent, e.g. paper or 
fiberboard. We wonder why PHMSA would allow the original design type 
test to disappear at any time during the production life of a 
packaging.

    Further, RIPA suggests that instead of the recordkeeping 
requirements published in HM-219 final rule, the following 
recordkeeping requirements should apply:

------------------------------------------------------------------------
           Responsible party                         Duration
------------------------------------------------------------------------
Person manufacturing the packaging.....  Design test and most recent
                                          periodic retest maintained as
                                          long as manufactured and two
                                          years thereafter.
Person performing design testing.......  Design test maintained for six
                                          years after the test is
                                          successfully performed.
Person performing periodic retesting...  Until next required periodic
                                          retest is successfully
                                          performed and a new test
                                          report produced.
------------------------------------------------------------------------

    The amendment to the recordkeeping requirements for packaging 
testing was intended to limit the record retention time period for the 
person performing the design type test. We did this because the third-
party packaging testing laboratory is often not aware that a packaging 
is still being made. We provided that the design test results are kept 
until the next required periodic retest is successfully performed, a 
new test report produced, and five years

[[Page 65461]]

thereafter. For single or composite packagings, the record retention 
duration would have been six years, as the suggested language shows in 
the RIPA appeal. However, for combination packagings and packagings 
intended for infectious substances, the record retention duration would 
have been for seven years. With respect to the retester's recordkeeping 
requirements, we stated that the retester must keep records until the 
next periodic retest is successfully performed, which would be one year 
for single or composite packagings and two years for combination 
packagings or packagings intended for infectious substances.
    We agree with RIPA regarding its suggested revisions to the 
recordkeeping requirement for persons performing the design testing, 
but we also will clarify in this final rule that the recordkeeping 
requirements for combination packagings and packagings intended for 
infectious substances is seven years. Instead of requiring periodic 
retesters to keep records until the next required periodic retest is 
successfully performed and a new test report produced, we are 
clarifying that the duration the records must be kept are one year 
after the test has been successfully performed for single or composite 
packagings and two years after the test has been successfully performed 
for combination packagings or packagings intended for infectious 
substances. In its appeal to the HM-219 final rule, RIPA questions why 
PHMSA would allow the original design type test to disappear. We have 
always intended for the manufacturer to retain all test records, 
including the design qualification and all periodic retest. In this 
final rule we are revising the tables in Sec. Sec.  178.601(l), 
178.801(l) and 178.955(i) as follows:

------------------------------------------------------------------------
           Responsible party                         Duration
------------------------------------------------------------------------
Person manufacturing the packaging.....  As long as manufactured and two
                                          years thereafter.
Person performing design testing.......  Design test maintained for a
                                          single or composite packaging
                                          for six years after the test
                                          is successfully performed and
                                          for a combination packaging or
                                          packaging intended for
                                          infectious substances for
                                          seven years after the test is
                                          successfully performed.
Person performing periodic retesting...  Performance test maintained for
                                          a single or composite
                                          packaging for one year after
                                          the test is successfully
                                          performed and for a
                                          combination packaging or
                                          packaging intended for
                                          infectious substances for two
                                          years after the test is
                                          successfully performed.
------------------------------------------------------------------------

III. Section-by-Section Review of Changes

    In this final rule, we are making editorial corrections and 
clarifying amendments to sections that were amended by the final rules 
HM-215K and HM-215L both published January 7, 2013; HM-218G published 
March 11, 2013; and HM-219 published March 7, 2013, for consistency 
with grammatical conventions and for consistency with similar 
provisions within the HMR. We are also making conforming amendments to 
sections in the HMR affected by these four final rules. The clarifying 
or conforming amendments in this final rule do not impose new 
requirements but rather are intended to provide a better understanding 
of the requirements adopted in the final rules. The corrections and 
amendments are as follows:

Part 171

Section 171.7
    This section lists material incorporated by reference into the HMR. 
In the January 7, 2013 final rule PHMSA-2012-0027 (HM-215L), we 
incorporated UN Recommendations on the Transport of Dangerous Goods, 
Manual of Tests and Criteria, fifth revised edition, Amendment 1 (2011) 
(Manual of Tests and Criteria), which was intended to supplement UN 
Recommendations on the Transport of Dangerous Goods, Manual of Tests 
and Criteria, fifth revised edition (2009), however we replaced the 
reference to the fifth revised edition (2009) with the supplement 
(Amendment 1) only. In this final rule, we are revising Sec.  171.7(dd) 
by adding UN Recommendations on the Transport of Dangerous Goods, 
Manual of Tests and Criteria, fifth revised edition (2009).
Section 171.8
    This section defines terms generally used throughout the HMR that 
have broad or multi-modal applicability. In the January 7, 2013 final 
rule PHMSA-2012-0027 (HM-215L), we introduced the definition Aircraft 
Battery in the section-by-section review, however, it was not added to 
the regulatory text. In this final rule, we are adding the defined term 
Aircraft Battery to mean ``a battery designed in accordance with a 
recognized aircraft battery design standard (e.g. FAA technical 
standard order) that is capable of meeting all aircraft airworthiness 
requirements and operating regulations.''
Section 171.23
    This section prescribes requirements for specific materials and 
packagings transported under the ICAO TI, IMDG, Transport Canada TDG 
Regulations or the IAEA Regulations. In paragraph (b)(8), the Organic 
Peroxide Table incorrectly referenced as Sec.  173.225(b) and should be 
Sec.  173.225(c). In this rule, we are correcting this error.

Part 172

Section 172.101
    This section prescribes the purpose and instructions for use of the 
Sec.  172.102 Hazardous Materials Table (HMT). In the January 7, 2013 
final rule PHMSA-2012-0027 (HM-215L), we added ``Chemical under 
pressure, n.o.s.'' entries to the HMT to address shipments of liquids 
or solids (e.g., adhesives, coatings, and cleaners) combined with a gas 
or gas mixtures utilized to expel the contents from pressure vessels. 
We authorized UN Portable Tanks by referencing 173.313 in Column (8C) 
bulk packaging authorizations, but inadvertently failed to authorize 
the use of DOT specification tanks. We are adding ``315'' to Column 
(8C) for the ``Chemical under pressure, n.o.s.'' entries authorizing 
use of DOT specification tanks.
    In the January 7, 2013 final rule PHMSA-2012-0027 (HM-215L), we 
attempted to remove an erroneous entry for ``Aerosols, poison, (each 
not exceeding 1 L capacity), UN1950'' from the table. This entry was 
not removed during publishing, and resulted in two entries for 
``Aerosols, poison'' currently existing in the HMT. In this final rule 
we are removing the duplicative entry for ``Aerosols, poison, (each not 
exceeding 1 L capacity).
    In the January 19, 2011 final rule (PHMSA-2009-0126 [HM-215K]), 
PHMSA revised several organometallic substance entries in the HMT by 
adding

[[Page 65462]]

the new portable tank special provision TP36. A number of entries were 
erroneously duplicated in the publication process and, in this final 
rule, we are removing the duplicate entries. Additionally, in the 
January 19, 2011 final rule, the sour crude oil entry under UN3494 was 
added to the HMT and erroneously placed between the Packing Group II 
and III petroleum oil entries under NA1270. This final rule corrects 
that error.
    PHMSA identified a typographical error as a result of revisions 
made in the HM-219 final rule. In the HMT, the listing for ``self-
reactive solid type E'' showed an incorrect ID number in Column (4), 
and incorrect quantity limitations in Columns (9A) and (9B). Upon 
publication of the HM-219 NPRM, PHMSA did not receive any comment on 
the unintended typographical errors in the HMT and, therefore, PHMSA 
adopted the changes as proposed in the final rule. PHMSA acknowledges 
that these typographical errors in HM-219 were not intended. In 
addition, an error occurred during publishing that caused in the 
listing for ``Self-reactive solid type E'' to be removed and the 
listing for ``Self-reactive solid type F'' to be duplicated. In this 
final rule, we are removing the duplicate listing for ``Self-reactive 
solid type F'' and correcting the entry in the HMT for ``Self-reactive 
solid type E,'' to indicate ``UN3228'' in Column (4) and ``10 kg'' in 
Column (9A) and ``25 kg'' in Column (9B) by re-adding the listing that 
was removed in error.
    We are making a number of editorial corrections to several entries 
in the HMT. The editorial corrections are as follows:
Amendments to Column (1) Symbols
    For the entry ``Sulfuric acid, fuming with 30 percent or more free 
sulfur trioxide, UN1831,'' the ``+'' Symbol in Column (1) is removed as 
it was inadvertently added when the entry was amended in HM-218G.
Amendments to Column (4) Identification Numbers
     For the entry ``Cartridges power device (used to project 
fastening devices), ORM-D,'' the Identification Number in Column (4) is 
amended to indicate a blank entry consistent with the remaining ORM-D 
entries in the HMT.
     For the entry for ``Self-reactive solid type E,'' the 
Identification Number in column (4) is revised to read ``UN3228.''
Amendments to Column (5) Packing Group
     For the entry ``Powder, smokeless, UN0509'', the Packing 
Group in Column (5) is corrected to read ``II.''
     For the entry ``Propellant, solid, UN0501'', the Packing 
Group in Column (5) is corrected to read ``II.''
Amendments to Column (6) Label Codes
    For the entry ``Cartridges for weapons, blank or Cartridges, small 
arms, blank or Cartridges for tools, blank, UN0014'', the Label Code in 
Column (6) is corrected to read ``None''.
     For the entry ``Cartridges for weapons, inert projectile 
or Cartridges, small arms, UN0012,'' the Label Code in Column (6) is 
corrected to read ``None.''
Amendments to Column (7) Special Provisions
     For the entry ``Consumer commodity, ORM-D,'' special 
provision 222 is added in Column (7) for consistency with the other 
ORM-D entries in the HMT.
     For the entries ``Substances, explosive, n.o.s.,'' 
assigned to UN numbers UN0357, UN0358, and UN0359, special provision 
101 is added in Column (7) as intended and mentioned in the preamble to 
the HM-215L final rule.
     For the entry ``Other regulated substances, liquid, 
n.o.s.,'' special provision A189 is added in Column (7) as indicated by 
the preamble discussion in the HM-215L final rule to help direct 
shippers to the most appropriate entry for shipments of formaldehyde 
solutions containing varying amounts of formaldehyde.
Amendments to Column (8A) Packaging Exceptions
     For the entry ``Cartridges, power device, UN0323,'' the 
Packaging Exception in Column (8A) is corrected to read ``63.''
Amendments to Column (8C) Bulk Packaging Authorizations
     For the ``Chemical under pressure, n.o.s.'' entries, the 
packaging authorization ``315'' is added to Column (8C) to authorize 
use of DOT specification tanks in addition to UN portable tanks.
Amendments to Column (9) Quantity Limitations
     For the entry ``Consumer commodity, ORM-D,'' the Quantity 
Limitation in Column (9B) is revised to read ``Forbidden,'' consistent 
with the other ORM-D entries in the HMT.
     For the entry for ``Powder, smokeless, 1.4C,'' the 
Quantity Limitation in Column (9B) is revised to read ``75kg.''
     For the entry for ``Self-reactive solid type E,'' the 
Quantity Limitation in Column (9) is revised to read ``10 kg'' in 
column (9A) and ``25 kg'' in Column (9B).
Amendments to Column (10) Vessel Stowage Requirements
     For the entry ``Model rocket motor, NA0276,'' the Vessel 
Stowage in Column (10) is corrected to read ``02'' in Column (10A) and 
``25'' in Column (10B).
     For the entry ``Model rocket motor, UN0323,'' the Vessel 
Stowage in Column (10) is corrected to read ``01'' in Column (10A) and 
``25'' in Column (10B).
     Corrections are made to the following entries in Column 
(10A) of the HMT for Vessel Stowage Location codes by adding a ``0'' 
preceding a single digit entry; for example, ``1'' is corrected to read 
``01'':
    [cir] Revised to read ``01'': NA0337, UN0173, UN0174, UN0193, 
UN0345, UN0373, UN0376, UN0481, UN0506, UN0507;
    [cir] Revised to read ``02'': UN0191, UN0197, UN0306, UN0320, 
UN0344, UN0347, UN0370, UN0407, UN0425, UN0435, UN0438, UN0453, UN0479, 
UN0480, UN0485, UN0493, UN0501, UN0502, UN0505;
    [cir] Revised to read ``03'': UN0192, UN0194, UN0195, UN0196, 
UN0212, UN0238, UN0240, UN0313, UN0319, UN0424, UN0434, UN0476, UN0478, 
UN0482, UN0487, UN0492;
    [cir] Revised to read ``04'': UN0153, UN0154, UN0155, UN0159, 
UN0160, UN0161, UN0168, UN0169, UN0181, UN0182, UN0183, UN0186, UN0207, 
UN0208, UN0209, UN0213, UN0214, UN0215, UN0216, UN0217, UN0218, UN0219, 
UN0220, UN0221, UN0234, UN0235, UN0236, UN0280, UN0281, UN0286, UN0287, 
UN0329, UN0346, UN0374, UN0375, UN0386, UN0387, UN0388, UN0389, UN0390, 
UN0391, UN0394, UN0433, UN0436, UN0437, UN0451, UN0474, UN0475, UN0477, 
UN0495, UN0497, UN0498, UN0499, UN0504;
    [cir] Revised to read ``05'': UN0167, UN0180, UN0190, UN0204, 
UN0250, UN0295, UN0296, UN0322, UN0324, UN0330, UN0357, UN0358, UN0359, 
UN0369, UN0371, UN0377, UN0378, UN0395, UN0396, UN0397, UN0398, UN0426, 
UN0427, UN0449, UN0450, UN0473.
Section 172.102
    Section 172.102 sets forth the text of the special provisions 
referenced in the HMT. PHMSA revised special provision

[[Page 65463]]

16 in the HM-219 final rule to read: ``This description applies to 
smokeless powder and other propellant powders that are used as powder 
for small arms and have been classed as Division 1.3C and 1.4C and 
reclassed to Division 4.1 in accordance with Sec.  173.56 and Sec.  
173.58 of this subchapter.'' By making this revision, we intended to 
clearly indicate that only smokeless powder or propellant in powder 
form may qualify for reclassification into Division 4.1, and ensure 
that powders that have hazard properties different from ``propellants'' 
could not be reclassified into Division 4.1. In response to SAAMI's 
appeal to HM-219, in this final rule we are revising special provision 
16 to read: ``This description applies to smokeless powder and other 
solid propellants that are used as powder for small arms and have been 
classed as Division 1.3C, 1.4C and Division 4.1 in accordance with 
Sec.  173.56 of this subchapter.''
Section 172.202
    This section establishes requirements for shipping descriptions on 
shipping papers. As part of the shipping description requirements, in 
many situations a net quantity or gross mass of the hazardous materials 
transported must be shown. In the January 7, 2013 final rule (HM-215L) 
we revised Sec.  172.202 by adding a new paragraph (a)(6)(vii) to 
harmonize with the ICAO TI as to whether, for limited quantities, the 
net quantity or gross mass is required to be shown on the shipping 
document, including when different hazardous materials are packed 
together in the same outer packaging. In the final rule, we associated 
this requirement with Column (9) of the HMT. After receiving several 
comments, and upon further review, in this final rule we are revising 
Sec.  172.202(a)(6)(vii) to associate this requirement for limited 
quantities with column 4 of the Sec.  173.27 Table 3, as this is a 
better alignment with the ICAO TI. Specifically, we are revising 
paragraph (a)(6)(vii) to state that for hazardous materials in limited 
quantities, the total net quantity per package must be shown unless a 
gross mass is indicated in column 4 of Sec.  173.27 Table 3, in which 
case the total gross mass per package must be shown. Where different 
hazardous materials in limited quantities are packed together in the 
same outer packaging, when a gross mass is indicated column 4 of the 
Sec.  173.27 Table 3, the net quantity of each hazardous material must 
be shown in addition to the gross mass of the completed package.
Section 172.301
    Section 172.301 prescribes the general marking requirements for 
non-bulk packagings. In the HM-215L final rule, Sec.  172.301(a)(1)(i) 
was amended with a minor grammatical error stating ``paragraph this'' 
instead of ``this paragraph.'' In this final rule, we are correcting 
this grammatical error.
Section 172.315
    Section 172.315 prescribes the requirements applicable to marking 
packages of limited quantity material. In the section-by-section review 
in the January 7, 2013 final rule (HM-215K) we stated our intent to 
authorize continued use of the alternative limited quantity marking 
(i.e., square-on-point and Identification Number) prescribed in Sec.  
172.315(d), in effect on October 1, 2010, until December 31, 2015. 
However, an incorrect date was published in the regulatory text. In 
this document, we are authorizing use of the alternative limited 
quantity marking prescribed in Sec.  172.315(d) until December 31, 
2015.
Section 172.316
    Section 172.316 prescribes the marking requirements for packages of 
ORM-D material. In this final rule, we are revising paragraph (a) for 
clarity as the reclassification to ORM-D-AIR is no longer authorized as 
of January 1, 2013.
Section 172.336
    Section 172.336 sets forth exceptions to the identification number 
marking requirements on various tanks. In the HM-219 final rule, we 
removed references to Gasohol in Sec.  172.336 and established a table 
to better indicate where identification marks should be displayed on 
each tank type. In so doing, we identified that the requirements for 
nurse tanks were unclear. In this final rule, we are clarifying the 
identification number marking requirements for nurse tanks to state 
that they are not required on one end of nurse tanks if that end 
contains valves, fittings, regulators or gauges when those 
appurtenances prevent the markings and placard from being properly 
placed and visible as set forth in Sec.  173.315(m).

Part 173

Section 173.6
    Section 173.6 prescribes exceptions from certain requirements of 
the HMR for the transportation of hazardous materials defined as 
materials of trade (MOTS) when transported by motor vehicle. In the 
January 7, 2013 final rule (HM-215K), we adopted revisions to the 
paragraph (d) exceptions that reflect the phase-out of the ORM-D system 
on December 31, 2020, and applied the exception provided ORM-D material 
to hazardous materials authorized for transportation as a limited 
quantity under Subparts C through E and Subpart G of Part 173 of the 
HMR. We are removing, in response to public comment received subsequent 
to the issuance of the January 7, 2013 final rule (HM-215K), the 
reference to limited quantities prepared in accordance with Sec.  
173.27 in Sec.  173.6(a)(6). MOTS is a highway-transport-only 
exception.
Section 173.22
    Section 173.22 prescribes various shipper responsibilities. In this 
final rule, the word ``filed'' in the last sentence of paragraph 
(a)(4)(ii) is corrected to read ``filled.'' Additionally, paragraph 
(a)(4)(iii) is revised for clarity by specifying the duration of record 
retention for compliance with Selective Testing Variation 1 as 
prescribed in Sec.  178.601(g)(1).
Section 173.24
    Section 173.24 prescribes the general requirements for packagings 
and packages. In this final rule, we are revising paragraph (i) for 
editorial purposes. Currently, except as provided in Subpart C of part 
171 of this Subchapter, packages offered or intended for transportation 
by aircraft must conform to the general requirements for transportation 
by aircraft in Sec.  173.27. This would include packages of consumer 
commodities prepared in accordance with Sec.  173.167. This was never 
intended to be the case as the requirements of Sec.  173.167 are meant 
to be stand-alone as they are in Packing Instruction Y963 of the ICAO 
TI.
Section 173.25
    Section 173.25 prescribes requirements for the transportation of 
authorized packages in overpacks used for protection or convenience of 
handling or to consolidate packages. In this final rule, paragraphs 
(a)(6) and (a)(7) are revised by removing the italicized font in each 
heading for consistency within the section and adding an em dash after 
each heading.
Section 173.27
    Section 173.27 prescribes the general requirements for 
transportation by aircraft. In this final rule, we are revising the 
Class 8 list of articles and substances not authorized limited quantity 
status in paragraph (f)(2)(i)(F) by adding Identification Number

[[Page 65464]]

UN3506 (Mercury in manufactured articles). In the HM-215L rulemaking, 
we inadvertently overlooked this new international entry and failed to 
add it to the list of ineligible substances and articles not authorized 
as limited quantities consistent with the 2013-2014 ICAO TI. 
Additionally, in Table 3 of paragraph (f)(3), we are correcting the 
Class 9 liquid and solid entries to include the identification numbers 
``UN3334'' and ``UN3335'' in the second and third columns of the table.
Section 173.62
    Section 173.62 prescribes the specific packaging requirements for 
explosives. In final rule published on January 7, 2013 (HM-215L), we 
revised various packaging provisions in the ``Table of Packing 
Methods'' in this section to align with changes adopted in the 17th 
Revised Edition of the UN Model Regulations. The revisions to the 
authorized packaging methods provided greater flexibility when 
packaging explosives while retaining an appropriate level of safety. 
These changes included, but were not limited to, permitting various 
explosives to be transported in closed head drums in addition to the 
already permitted removable head drums and adding the option to utilize 
wooden inner and intermediate packagings in various packaging 
provisions. We revised Sec.  173.62(c), Table of Packing Methods, 
packing instruction 130, to include additional options for outer 
packagings. Specifically, the use of boxes and drums constructed of 
metal other than steel or aluminum (4N) and the use of closed head 
drums in addition to the already permitted removable head drums.
    In a subsequent final rule published on March 11, 2013, under 
Docket No. PHMSA 2011-0138 (HM-218G), entitled ``Hazardous Materials; 
Miscellaneous Amendments (RRR),'' we again revised Sec.  173.62(c), 
Table of Packing Methods, packing instruction 130 to add the following 
language that was inadvertently removed from the first column of the 
packing instruction:

    2. Subject to approval by the Associate Administrator, large 
explosive articles, as part of their operational safety and 
suitability tests, subjected to testing that meets the intentions of 
Test Series 4 of the UN Manual of Tests and Criteria with successful 
test results, may be offered for transportation in accordance with 
the requirements of this subchapter.

    When reinstating the removed language in the HM-218G final rule, we 
inadvertently removed the additional options for outer packagings 
authorized in the packing instruction 130 in the HM-215L final rule. We 
did not intend to remove these outer packagings from packing 
instruction 130 and unnecessarily limit the transport of large 
explosive articles. Therefore, we are correcting Sec.  173.62(c), Table 
of Packing Methods, packing instruction 130, to reinstate the 
additional options for outer packagings inadvertently removed from the 
third column of packing instruction 130.
    In addition to the correction to packing instruction 130, the HM-
215L final rule also revised packing instruction 112(b). The outer 
packaging authorization was inadvertently changed from ``bags'' to 
``boxes.'' As such, we are revising packing instruction 112(b) by 
correcting the outer packaging authorization to ``bags.''
Section 173.63
    Section 173.63 details packaging exceptions for specific types of 
low hazard explosive materials including certain detonators, small arms 
ammunition, cartridges power device and detonating cord. We received an 
appeal to the HM-215L rulemaking from SAAMI requesting multiple changes 
to Sec.  173.63.
    SAAMI requested clarifying edits to Sec.  173.63(b) to ensure 
provisions in place for ORM-D shipments of ``Cartridges, power device 
(used to project fastening devices)'' prior to HM-215L are maintained. 
We are amending the introductory text to Sec. Sec.  173.63(b)(1)(i), 
(b)(1)(ii), and (b)(1)(iii) to ensure proper use of the modifying 
phrase ``used to project fastening devices'' and modifying Sec. Sec.  
173.63(b)(1)(iii)(G) and 173.63(b)(2)(v) to ensure ORM-D shipments of 
these ``Cartridges, power device (used to project fastening devices)'' 
when appropriately packaged may utilize the ORM-D exception provided in 
Sec.  173.63.
Section 173.144
    Section 173.144 defines ``Other Regulated Materials, ORM-D.'' We 
are amending the definition to include ``Cartridges, power device (used 
to project fastening devices),'' ``Cartridges for tools, blank,'' and 
``Cases, cartridge, empty with primer'' as authorized in Sec.  
173.63(b)(iii).
Section 173.150
    Section 173.150 provides exceptions from the HMR for certain Class 
3 flammable liquid material. Specifically, Sec.  173.150(d) provides 
exceptions for alcoholic beverages for all modes of transport. 
Generally, the HMR is harmonized with the ICAO TI with regard to the 
exceptions provided for alcoholic beverages shipped by passenger- 
carrying and cargo-only aircraft. However, prior to the publication of 
the HM-218G final rule, for cargo-only aircraft, the HMR did not align 
with the ICAO TI. This lack of harmonization led to frustration of 
shipments of these types of materials in international air transport.
    To address this issue, we proposed in the HM-218G NPRM, to revise 
the exceptions in Sec.  173.150(d) to harmonize the alcoholic beverages 
exception via aircraft with the requirements in the ICAO TI, and to 
restructure the exceptions in Sec.  173.150(d) to provide clarity on 
the requirements for the transport of alcoholic beverages by each mode 
of transport including passenger-carrying and cargo-only aircraft.
    We did not receive any negative comments on this proposed change 
and one comment suggesting revised regulatory text to promote clarity. 
In a subsequent HM-218G final rule, we adopted the revised Sec.  
173.150(d)(2) to harmonize the HMR with the ICAO TI for the air 
transportation of alcoholic beverages.
    Upon further review of the regulatory language adopted in the HM-
218G final rule, we identified an unintended error in need of 
correction. Specifically, Sec. Sec.  173.150(d)(2)(ii) and 
173.150(d)(2)(iii) use the language ``but less than 70% alcohol by 
volume'' when describing the upper limit of the exception. This implies 
that beverages containing exactly 70% alcohol by volume would not be 
permitted to use this exception. Section 175.10(a)(4)(ii) and in ICAO 
TI, Special Provision A9 use the language ``not more than 70 per cent 
alcohol by volume'' permitting alcohols containing exactly 70% alcohol 
by volume to use the exception. While these two phrases seem similar, 
``but less than 70% alcohol by volume'' adopted in the HM-218G final 
rule is unintentionally more stringent, and is inconsistent with the 
ICAO TI or inconsistent and Sec.  175.10(a)(4)(ii). Therefore, we are 
revising Sec. Sec.  173.150(d)(2)(ii) and 173.150(d)(2)(iii) by 
replacing the phrase ``but less than 70% alcohol by volume'' with the 
phrase ``not more than 70 per cent alcohol by volume.'' This will 
ensure consistency within the HMR and harmonize fully the HMR and ICAO 
TI with regard to the alcoholic beverages exception.
Section 173.156
    Section 173.156 prescribes exceptions for limited quantity and ORM 
material. In this final rule, we are correcting an error made to 
paragraph (b)(1) in the January 7, 2013 HM-215K final rule. In that 
paragraph, we except certain shipments from the limited quantity and

[[Page 65465]]

ORM-D marking requirements of the HMR if they are so marked. This is 
incorrect. This rule corrects that inconsistency by allowing them to 
remain excepted from the marking provisions as they were prior to the 
January 7, 2013 final rule. Additionally, we are removing the redundant 
paragraph (b)(2)(vi).
Section 173.165
    This section prescribes the requirements for polyester resin kits. 
In both January 7, 2013 final rules, HM-215K and HM-215L, revisions 
were made to Sec.  173.165 inadvertently resulting in duplicate 
paragraphs concerning consumer commodities and omitting the HM-215L 
paragraph (c), limited quantities. We are revising Sec.  173.165 by 
removing the duplicate paragraph concerning commodities and replacing 
paragraph (c) with the limited quantity language from the HM-215L final 
rule.
Section 173.167
    Section 173.167 prescribes the requirements for consumer 
commodities intended for air transportation. In this final rule, we are 
revising paragraph (a) for editorial purposes. Currently, except as 
provided in Subpart C of Part 171 of this Subchapter, packages offered 
or intended for transportation by aircraft must conform to the general 
requirements for transportation by aircraft in Sec.  173.27. This would 
include packages of consumer commodities prepared in accordance with 
Sec.  173.167. This was never intended to be the case. The requirements 
of Sec.  173.167 are meant to be stand-alone, as they are in Packing 
Instruction Y963 of the ICAO TI.
Section 173.171
    Section 173.171 provides exceptions for Smokeless powder for small 
arms that has been classed as an explosive and reclassed as a Division 
4.1 for domestic transportation by motor vehicle, rail car, vessel, or 
cargo-only aircraft, subject to certain conditions. In the HM-219 final 
rule, we revised the introductory paragraph of Sec.  173.171 to read: 
``Powders that have been classed in Division 1.3 or Division 1.4C may 
be reclassed in Division 4.1, for domestic transportation by motor 
vehicle, rail car, vessel, or cargo-only aircraft, subject to the 
following conditions''; we revised Sec.  173.171(a) to read: ``Powders 
that have been approved as Division 1.3C or Division 1.4C may be 
reclassed to Division 4.1 in accordance with Sec. Sec.  173.56 and 
173.58 of this part''; we revised Sec.  173.171 (c) to read: ``Only 
combination packagings with inner packagings not exceeding 3.6 kg (8 
pounds) net mass and outer packaging of UN 4G fiberboard boxes meeting 
the Packing Group I standards are authorized. Inner packagings must be 
arranged and protected so as to prevent simultaneous ignition of the 
contents. The complete package must be of the same type that has been 
examined as required in Sec.  173.56 of this part''; and we revised 
Sec.  173.171(d) to read: ``The net weight of smokeless powder in any 
one box (one package) must not exceed 7.3 kg (16 pounds).'' In response 
to SAAMI's appeal to HM-219, in this final rule we are revising the 
introductory language in Sec.  173.171 to read: ``Smokeless powder for 
small arms which has been classed in Division 1.3 or Division 1.4 may 
be reclassed in Division 4.1, for domestic transportation by motor 
vehicle, rail car, vessel, or cargo-only aircraft, subject to the 
following conditions.''
    We are also reestablishing Sec. Sec.  173.171(c) and 173.171(d) to 
read as they did before the amendments of HM-219 were adopted. As the 
revisions to the wording to Sec.  173.171(a) in HM-219 were designed to 
provide relief for shippers of smokeless powder, in that they would not 
be required to retest powders already classed as Division 1.3C or 1.4C, 
we are retaining the wording as shown in the HM-219 final rule for 
Sec.  173.171(a).
Section 173.176
    This section was added in the January 7, 2013 HM-215L final rule 
and prescribes the requirements for capacitors. In the ICAO TI, 
capacitors, UN3499, are assigned to Packing Instruction 971 which 
provides, ``The capacitor or, when fitted in a module, the module must 
be fitted with a metal strap connecting the terminals.'' This 
requirement in Packing Instruction 971 differs from the requirement 
adopted in Special Provision A186 of the ICAO TI assigned to UN3499 
which provides, ``When a capacitor's energy storage capacity is less 
than or equal to 10 Wh or when the energy storage capacity of each 
capacitor in a module is less than or equal to 10 Wh, the capacitor or 
module shall be protected against short circuit or be fitted with a 
metal strap connecting the terminals.'' In the January 7, 2013 HM-215L 
final rule, in Sec.  173.176, for transportation by air, we 
inadvertently considered only the short circuit protection requirement 
contained in Packing Instruction 971 and did not account for the 
Special Provision A186 short circuit requirement for capacitors or 
capacitors in a module with an energy storage capacity less than or 
equal to 10 Wh. In their appeals, DGAC and Kilofarad International 
brought this inconsistency to our attention. We acknowledge this 
oversight and in this final rule we are revising paragraphs (a)(2)(i) 
and (a)(2)(ii) of Sec.  173.176 by removing the references to 
``transport by air'' to maintain consistency with Special Provision 
A186 of the ICAO TI.
Section 173.185
    This section prescribes packaging requirements and certain 
conditional exceptions for the transport of lithium batteries. As DGAC 
correctly pointed out in their appeal, we did not include a grandfather 
provision for cells and batteries of a type that meets the 5th revised 
edition consistent with previous practice. While this does not change 
our intent to continue to permit the continued manufacture and 
transportation of lithium cells and batteries of a type meeting the 
requirements a previously authorized edition of the UN Manual of Tests 
and Criteria, we agree this may result in confusion and unnecessary 
retesting of previously validated designs. We are revising Sec.  
173.185 by clarifying that, irrespective of the January 1, 2006 date in 
Sec.  173.185(a)(1), newly manufactured cells and batteries of a type 
successfully tested to the UN Manual of Tests and Criteria 3rd edition 
amendment 1 or a later edition may be transported without the need for 
the cell or battery type to be retested and that cells and batteries 
already distributed and tested to a previous edition of the Manual may 
continue to be transported.
Section 173.225
    Section 173.225 prescribes the packaging requirements and other 
provisions for organic peroxides. Paragraph (c) of this section 
contains and describes the organic peroxide table and how specific 
organic peroxides are to be transported. In addition, paragraph (e) 
contains a separate table that prescribes the packaging requirements 
for organic peroxides packaged in IBCs.
    In the HM-215L final rule, we made several changes to the Sec.  
173.225(c) Organic Peroxide Table. The instruction to the Federal 
Register for the revision of Diisopropyl peroxydicarbonate, UN 3115, 
was not clear and the incorrect table entry was modified in error. In 
this document we are re-adding Diisopropyl peroxydicarbonate, UN3112, 
to the table and removing the entry for Diisopropyl peroxydicarbonate, 
UN3115, <=28 Concentration (mass %), >=72 Diluent (mass %) A. For 
clarity, we are removing all entries for Diisopropyl peroxydicarbonate 
and re-adding in the correct sequence.

[[Page 65466]]

    In the HM-215L final rule, we made several changes to the Sec.  
173.225(e) Organic Peroxide IBC Table. The instruction to the Federal 
Register was not clear for the addition of UN3119 ``Diisobutyryl 
peroxide, not more than 28% as a stable dispersion in water'' and 
UN3119, ``Diisobutyryl peroxide, not more than 42% as a stable 
dispersion in water'' and the entries were incorrectly added under the 
UN3109 table entries. The IBC Type ``31A'' was inadvertently removed 
from the entry for ``Di-(3, 5, 5-trimethylhexanoyl) peroxide, not more 
than 52% in diluent type A''. We are republishing the complete Organic 
Peroxide IBC Table to correct the errors provided above and properly 
alphabetize the entries.
Section 173.230
    Section 173.230 prescribes the transport requirements for fuel cell 
cartridges containing hazardous material. In this final rule, we are 
revising Sec.  173.230(f)(3) to correct a minor grammatical error by 
removing the duplicative instance of the word ``to'', published in the 
HM-215L final rule.
Section 173.301b
    Section 173.301b provides additional general requirements for 
shipment of UN pressure receptacles. We are revising Sec.  
173.301b(d)(1) to correct a minor grammatical error in the HM-215L 
final rule by replacing a period with a semicolon.

Part 175

Section 175.10
    Section 175.10 specifies the conditions for which passengers, crew 
members, or an operator may carry hazardous materials aboard an 
aircraft. We are correcting several editorial errors published in the 
HM-215L final rule. Paragraph (a)(15)(v)(C) is amended to correctly 
reference Special Provision 130. In paragraphs (a)(19)(vii) and 
(a)(19)(viii) the International Electrotechnical Commission (IEC) 
reference standard is corrected. Paragraph (a)(21) is revised to 
correct the numbering sequence. Paragraph (a)(24) is amended from 2.8 g 
to correctly state ``equivalent to a 28 g carbon dioxide cartridge,'' 
consistent with the ICAO TI.
Section 175.25
    Section 175.25 prescribes the notification that operators must 
provide to passengers regarding restrictions on the types of hazardous 
material they may or may not carry aboard an aircraft on their person 
or in checked or carry-on baggage. The January 19, 2011 HM-215K final 
rule revised provisions in Sec.  175.25 applicable to notification and 
acknowledgement of the types of hazardous materials that a passenger 
may or may not carry aboard an aircraft by updating the ticketing and 
flight check-in provisions of the HMR based on current technologies 
used to perform such functions.
    Subsequent to issuance of the final rule, PHMSA and FAA received 
several administrative appeals, and, at an August 16, 2012 public 
meeting, received written and oral comments requesting additional time 
for affected entities to implement the new provisions in a more 
effective and cooperative manner. PHMSA and FAA agreed that a delay in 
the compliance date of the revised Sec.  175.25 was warranted, 
particularly if a delay supported the implementation of more effective 
methods for increasing passenger awareness of, and compliance with, the 
HMR. Therefore, PHMSA and FAA provided notification of extending the 
compliance date for all new provisions adopted in the January 19, 2011 
final rule until January 1, 2015.
    In this final rule, PHMSA is revising paragraphs (b) and (c) by 
removing the first sentence in each paragraph for editorial purposes 
and clarity as the two sentences are redundant. Because the 
requirements of paragraphs (a), (b), and (c) are not mutually 
exclusive, the two sentences are extraneous and not necessary. Lastly, 
existing paragraph (c)(2) is redesignated as new paragraph (d) for 
clarity.
    We want to emphasize these clarifications are for editorial 
purposes only and do not impose any new requirements. Further, such 
clarifications do not remove or relax any current or future Sec.  
175.25 regulatory requirements.
Section 175.75
    Section 175.75 prescribes quantity limitation and cargo location 
requirements for hazardous materials carried aboard passenger-carrying 
and cargo-only aircraft. In this final rule, we are amending the list 
of materials that are excepted from the inaccessible loading 
restrictions in paragraphs (c), (d), and note 1 of the table in 
paragraph (f) to include articles with Identification Numbers UN0012, 
UN0014, and UN0055, that are properly prepared under the provisions 
prescribed in Sec.  173.63(b). These amendments are in response to an 
administrative appeal submitted by SAAMI. In its appeal, SAAMI 
requested clarification to ensure that shipments of these three 
commodities, properly prepared in accordance with the requirements of 
Sec.  173.63(b), are eligible for relief from the loading limits in 
Sec.  175.75. It was never our intent to subject these articles that 
have historically received relief from the accessibility requirements 
of Sec.  175.75 to these requirements. An article with Identification 
Numbers UN0012, UN0014, or UN0055, properly packaged and marked in 
accordance with Sec.  173.63(b), is excepted from the requirements of 
Sec.  175.75(c) and (e)(1) if it is declared on air transport shipping 
papers as a limited quantity or not.
    In the January 19, 2011 HM-215K final rule, the HMR was amended to 
align with international standards by revising the notes to the 
paragraph (f) Quantity and Loading Table that excepted certain cargo-
aircraft only packages from the accessible loading restrictions. For 
example, Note (a) to Note 1 was revised to except cargo-only flammable 
liquids substances of Class 3, Packing Group III from the accessible 
loading restrictions unless it was labeled with a corrosive (Class 8) 
subsidiary risk. However, Note (b) to Note 1 was not revised by 
excepting a cargo-only toxic liquid substance of Division 6.1 from the 
accessible loading restrictions unless it was labeled with a subsidiary 
risk other than flammable liquid (Class 3). As a result, revised Note 
(a) conflicts with existing Note (b). Therefore, in this final rule, we 
are revising Note (b) to align with the international standards by 
clarifying the accessible loading restrictions prescribed in Sec.  
175.75(f) do not apply to a cargo-only toxic liquid substance of 
Division 6.1 unless it is labeled with a subsidiary risk other than 
flammable liquid (Class 3).

Part 176

Section 176.905
    Section 176.905 prescribes specific requirements for motor vehicles 
or mechanical equipment powered by internal combustion engines that are 
offered for transportation and transported by vessel. In this final 
rule, we are correcting a numbering error that occurred in the January 
7, 2013 final rule in paragraph (i).

Part 178

Sections 178.601, 178.801 and 178.955
    Sections 178.601, 178.801, and 178.955, set forth recordkeeping 
requirements for packaging manufacturers, design type testers, and 
periodic retesters. In the HM-219 final rule, we revised the language 
in Sec.  178.601(l), which specified recordkeeping requirements for 
testing non-bulk packaging; Sec.  178.801(l), which

[[Page 65467]]

specified recordkeeping requirements for testing IBCs; and Sec.  
178.955(i), which specified recordkeeping requirements for testing 
large packagings, to indicate that records must be maintained by the 
manufacturer for as long as the packaging is made and two years 
thereafter; the person performing the design testing until the next 
required periodic retest is successfully performed, a new test report 
is produced, and five years thereafter; and the person performing the 
periodic retest until the next required periodic retest is successfully 
performed and a new test report produced. We received an administrative 
appeal from RIPA that indicated that the revisions made in the HM-219 
final rule to Sec. Sec.  178.601, 178.801, and 178.955, may be unclear. 
In response to that appeal, we are revising the recordkeeping for 
design testers to require that the design test is maintained for a 
single or composite packaging for six years after the test is 
successfully performed and for a combination packaging or packaging 
intended for infectious substances for seven years after the test is 
successfully performed.

IV. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the following statutory 
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to 
prescribe regulations for the safe transportation, including security, 
of hazardous material in intrastate, interstate, and foreign commerce. 
This final rule responds to appeals and corrects various errors made 
during the development of the two January 7, 2013, the March 7, 2013, 
and the March 11, 2013 final rules and printing process. To this end, 
as discussed in detail earlier in this preamble, the two January 7, 
2013 final rules amended the HMR to more fully align it with the 
biennial updates of the UN Recommendations, the IMDG Code and the ICAO 
TI to facilitate the transport of hazardous materials in international 
commerce.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to 
ensure that, to the extent practicable, regulations governing the 
transportation of hazardous materials in commerce are consistent with 
standards adopted by international authorities. This final rule 
responds to appeals and corrects errors made during the development of 
the two January 7, 2013, the March 7, 2013, and the March 11, 2013 
final rules and printing process and makes amendments to conform to 
amendments made in these four final rules.

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

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 (``Regulatory Planning and 
Review'') and, therefore, was not reviewed by the Office of Management 
and Budget. This final rule is not considered a significant rule under 
the Regulatory Policies and Procedures of the Department of 
Transportation (44 FR 11034). Additionally, E.O. 13563 (``Improving 
Regulation and Regulatory Review'') 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 
Evaluations in the two January 7, 2013 final rules. The Regulatory 
Evaluations are available for review in the public docket.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria in Executive Order 13132 (``Federalism''). This final rule 
does not adopt any regulation that: (1) 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; or (2) imposes substantial direct 
compliance costs on state and local governments. PHMSA is not aware of 
any state, local or Indian tribe requirements that would be preempted 
by correcting editorial errors and making minor regulatory changes. 
This final rule does not have sufficient federalism impacts to warrant 
the preparation of a federalism assessment.

D. Executive Order 13175

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

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. The 
corrections and revisions contained in this final rule will have little 
or no effect on the regulated industry. Based on the assessment in the 
regulatory evaluation, to the two January 7, 2013 final rules, 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.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to promote compliance 
with the Regulatory Flexibility Act to ensure that potential impacts of 
final rules on small entities are properly considered.

F. Paperwork Reduction Act

    This final rule imposes no new information collection requirements.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center generally 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, adjusted for inflation, to either State, local, 
or tribal governments, in the aggregate, or to the private sector in 
any one year, and is the least burdensome alternative that achieves the 
objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act, 42 U.S.C. 4321-4375 requires 
that Federal agencies consider the consequences of major Federal 
actions and prepare a detailed statement on actions significantly 
affecting the quality of the human environment. In final rules PHMSA-
2009-0126 (HM-

[[Page 65468]]

215K), PHMSA-2012-0027 (HM-215L), PHMSA-2011-0138 (HM-218G), and PHMSA-
2011-0142 (HM-219), we developed environmental assessments to determine 
the effects of these revisions on the environment and whether they 
resulted in significant environmental impacts. These assessments 
resulted in a Finding of No Significant Impact. The purpose of this 
rulemaking is to correct editorial errors, makes minor regulatory 
changes and, in response to requests for clarification, improves the 
clarity of certain provisions in the HMR. The intended effect of this 
rule is to enhance the accuracy and reduce misunderstandings of the 
regulations. The amendments contained in this rule are non-substantive 
changes and do not impose new requirements. Therefore, PHMSA has 
determined that the implementation of this final rule will not have any 
significant impact on the quality of the human environment. For 
interested parties, environmental assessments are included in the 
PHMSA-2009-0126 (HM-215K), PHMSA-2012-0027 (HM-215L), PHMSA-2011-0138 
(HM-218G), and PHMSA-2011-0142 (HM-219) final rules which are available 
in the public docket.

J. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comments (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) which may be 
viewed at http://www.dot.gov/privacy.

K. Executive Order 13609 and International Trade Analysis

    Under E.O. 13609, agencies must consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements.
    Similarly, 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 
to protect the safety of the American public, and we have assessed the 
effects of this final rule to ensure that it does not cause unnecessary 
obstacles to foreign trade. In fact, the rule is designed to facilitate 
international trade. Accordingly, this rulemaking is consistent with 
E.O. 13609 and PHMSA's obligations under the Trade Agreement Act, as 
amended.

List of Subjects

49 CFR Part 171

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

49 CFR Part 172

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

49 CFR Part 173

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

49 CFR Part 175

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

49 CFR Part 176

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

49 CFR Part 178

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

    In consideration of the foregoing, PHMSA is amending 49 CFR Chapter 
I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.


0
2. In Sec.  171.7, paragraph (dd)(2) is revised to read as follows:


Sec.  171.7  Reference material.

* * * * *
    (dd) * * *
    (2) UN Recommendations on the Transport of Dangerous Goods, Manual 
of Tests and Criteria, (Manual of Tests and Criteria), into Sec. Sec.  
172.102; 173.21; 173.56; 173.57; 173.58; 173.60; 173.115; 173.124; 
173.125; 173.127; 173.128; 173.137; 173.185; 173.220; part 173, 
appendix H; 178.274:
    (i) Fifth revised edition (2009).
    (ii) Fifth revised edition, amendment 1 (2011).
* * * * *
0
3. In Sec.  171.8, the definition of ``Aircraft battery'' is added in 
alphabetical order to read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Aircraft battery means a battery designed in accordance with a 
recognized aircraft battery design standard (e.g. FAA technical 
standard order) that is capable of meeting all aircraft airworthiness 
requirements and operating regulations.
* * * * *

0
4. In Sec.  171.23, paragraph (b)(8) is revised to read as follows:


Sec.  171.23  Requirements for specific materials and packagings 
transported under the ICAO Technical Instructions, IMDG Code, Transport 
Canada TDG Regulations, or the IAEA Regulations.

* * * * *
    (b) * * *
    (8) Organic peroxides. Organic peroxides not identified by 
technical name in the Organic Peroxide Table in Sec.  173.225(c) of 
this subchapter must be approved by the Associate Administrator in 
accordance with Sec.  173.128(d) of this subchapter.
* * * * *

[[Page 65469]]

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

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

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.


0
6. In Sec.  172.101, the Hazardous Materials Table is amended by 
removing the entries under ``[REMOVE]'', and revising entries under 
``[REVISE]'' and adding entries under ``[ADD]'' in alphabetical order.
    The revisions and additions read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 65470]]



----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                 (8)                                        (9)                           (10)
                                   Hazardous                                                                             ---------------------------------------------------------------------------------------------------------------
                                   materials       Hazard                                                    Special                  Packaging (Sec.   173.***)              Quantity limitations (see Sec.         Vessel stowage
           Symbols             descriptions and   class or    Identification      PG      Label codes       provisions   ---------------------------------------------------     Sec.   173.27 and 175.75)    --------------------------
                                proper shipping   division        numbers                                     (Sec.                                                         ----------------------------------
                                     names                                                                   172.102)        Exceptions        Non-bulk           Bulk          Passenger      Cargo aircraft      Location       Other
                                                                                                                                                                              aircraft/rail         only
(1)                            (2).............         (3)  (4).............      (5)  (6)............  (7)............  (8A)...........  (8B)...........  (8C)...........  (9A)...........  (9B)...........  (10A)..........     (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                               [REMOVE]
 
                                                                                                              * * * * * * *
                               Aerosols,poison,         2.2  UN1950..........  .......  2.2, 6.1.......  ...............  306............  None...........  None...........  Forbidden......  Forbidden......  A..............   48, 87,
                                (each not                                                                                                                                                                                            126
                                exceeding 1 L
                                capacity).
 
                                                                                                              * * * * * * *
G............................  Organometallic           4.2  UN3392..........        I  4.2............  B11, T21, TP2,   None...........  181............  244............  Forbidden......  Forbidden......  D..............        78
                                substance,                                                                TP7, TP36.
                                liquid,
                                pyrophoric.
G............................  Organometallic           4.2  UN3394..........        I  4.2, 4.3.......  B11, T21, TP2,   None...........  181............  244............  Forbidden......  Forbidden......  D..............        78
                                substance,                                                                TP7, TP36.
                                liquid,
                                pyrophoric,
                                water-reactive.
G............................  Organometallic           4.3  UN3398..........        I  4.3............  T13, TP2, TP7,   None...........  201............  244............  Forbidden......  1 L............  E..............    40, 52
                                substance,                                                                TP36.
                                liquid, water-
                                reactive.
                                                                                    II  4.3............  IB1, T7, TP2,    None...........  202............  243............  1 L............  5 L............  E..............    40, 52
                                                                                                          TP7, TP36.
                                                                                   III  4.3............  IB2, T7, TP2,    None...........  203............  242............  5 L............  60 L...........  E..............    40, 52
                                                                                                          TP7, TP36.
G............................  Organometallic           4.3  UN3399..........        I  4.3, 3.........  T13, TP2, TP7,   None...........  201............  244............  Forbidden......  1 L............  D..............    40, 52
                                substance,                                                                TP36.
                                liquid, water-
                                reactive,
                                flammable.
                                                                                    II  4.3, 3.........  IB1, IP2, T7,    None...........  202............  243............  1 L............  5 L............  D..............    40, 52
                                                                                                          TP2, TP7, TP36.
                                                                                   III  4.3, 3.........  IB2, IP4, T7,    None...........  203............  242............  5 L............  60 L...........  E..............    40, 52
                                                                                                          TP2, TP7, TP36.
G............................  Organometallic           4.2  UN3391..........        I  4.2............  T21, TP7, TP33,  None...........  187............  244............  Forbidden......  Forbidden......  D..............  ........
                                substance,                                                                TP36.
                                solid,
                                pyrophoric.
G............................  Organometallic           4.2  UN3393..........        I  4.2, 4.3.......  B11, T21, TP7,   None...........  187............  244............  Forbidden......  Forbidden......  D..............        52
                                substance,                                                                TP33.
                                solid,
                                pyrophoric,
                                water-reactive.
G............................  Organometallic           4.2  UN3400..........       II  4.2............  IB6, T3, TP33,   None...........  212............  242............  15 kg..........  50 kg..........  C..............  ........
                                substance,                                                                TP36.
                                solid, self-
                                heating.
                                                                                   III  4.2............  IB8, T1, TP33,   None...........  213............  242............  25 kg..........  100 kg.........  C..............  ........
                                                                                                          TP36.
G............................  Organometallic           4.3  UN3395..........        I  4.3............  N40, T9, TP7,    None...........  211............  242............  Forbidden......  15 kg..........  E..............    40, 52
                                substance,                                                                TP33, TP36.
                                solid, water-
                                reactive.
                                                                                    II  4.3............  IB4, T3, TP33,   151............  212............  242............  15 kg..........  50 kg..........  E..............    40, 52
                                                                                                          TP36.
                                                                                   III  4.3............  IB6, T1, TP33,   151............  213............  241............  25 kg..........  100 kg.........  E..............    40, 52
                                                                                                          TP36.
G............................  Organometallic           4.3  UN3396..........        I  4.3, 4.1.......  N40, T9, TP7,    None...........  211............  242............  Forbidden......  15 kg..........  E..............    40, 52
                                substance,                                                                TP33, TP36.
                                solid, water-
                                reactive,
                                flammable.
                                                                                    II  4.3, 4.1.......  IB4, T3, TP33,   151............  212............  242............  15 kg..........  50 kg..........  E..............    40, 52
                                                                                                          TP36.
                                                                                   III  4.3, 4.1.......  IB6, T1, TP33,   151............  213............  241............  25 kg..........  100 kg.........  E..............    40, 52
                                                                                                          TP36.
G............................  Organometallic           4.3  UN3397..........        I  4.3, 4.2.......  N40, T9, TP7,    None...........  211............  242............  Forbidden......  15 kg..........  E..............    40, 52
                                substance,                                                                TP33, TP36.
                                solid, water-
                                reactive, self-
                                heating.
                                                                                    II  4.3, 4.2.......  IB4, T3, TP33,   None...........  212............  242............  15 kg..........  50 kg..........  E..............    40, 52
                                                                                                          TP36.
                                                                                   III  4.3, 4.2.......  IB6, T1, TP33,   None...........  213............  241............  25 kg..........  100 kg.........  E..............    40, 52
                                                                                                          TP36.
G............................  Organometallic           4.2  UN3391..........        I  4.2............  T21, TP7, TP33.  None...........  187............  244............  Forbidden......  Forbidden......  D..............  ........
                                substance,
                                solid,
                                pyrophoric.

[[Page 65471]]

 
G............................  Organometallic           4.2  UN3393..........        I  4.2, 4.3.......  B11, T21, TP7,   None...........  187............  244............  Forbidden......  Forbidden......  D..............        52
                                substance,                                                                TP33.
                                solid,
                                pyrophoric,
                                water-reactive.
G............................  Organometallic           4.2  UN3400..........       II  4.2............  IB6, T3, TP33..  None...........  212............  242............  15 kg..........  50 kg..........  C..............  ........
                                substance,
                                solid, self-
                                heating.
                                                                                   III  4.2............  IB8, T1, TP33..  None...........  203............  242............  25 kg..........  100 kg.........  C..............  ........
G............................  Organometallic           4.3  UN3395..........        I  4.3............  N40, T9, TP7,    None...........  211............  242............  Forbidden......  Forbidden......  E..............    40, 52
                                substance,                                                                TP33.
                                solid, water-
                                reactive.
                                                                                    II  4.3............  IB4, T3, TP33..  151............  212............  242............  15 kg..........  50 kg..........  E..............    40, 52
                                                                                   III  4.3............  IB6, T1, TP33..  151............  213............  241............  25 kg..........  100 kg.........  E..............    40, 52
G............................  Organometallic           4.3  UN3396..........        I  4.3, 4.1.......  N40, T9, TP7,    None...........  211............  242............  Forbidden......  Forbidden......  E..............    40, 52
                                substance,                                                                TP33.
                                solid, water-
                                reactive,
                                flammable.
                                                                                    II  4.3, 4.1.......  IB4, T3, TP33..  151............  212............  242............  15 kg..........  50 kg..........  E..............    40, 52
                                                                                   III  4.3, 4.1.......  IB6, T1, TP33..  151............  213............  241............  25 kg..........  100 kg.........  E..............    40, 52
G............................  Organometallic           4.3  UN3397..........        I  4.3, 4.2.......  N40, T9, TP7,    None...........  211............  242............  Forbidden......  Forbidden......  E..............    40, 52
                                substance,                                                                TP33.
                                solid, water-
                                reactive, self-
                                heating.
                                                                                    II  4.3, 4.2.......  IB4, T3, TP33..  None...........  212............  242............  15 kg..........  50 kg..........  E..............    40, 52
                                                                                   III  4.3, 4.2.......  IB6, T1, TP33..  None...........  213............  241............  25 kg..........  100 kg.........  E..............    40, 52
 
                                                                                                              * * * * * * *
D............................  Petroleum oil...           3  NA1270..........        I  3..............  144, T11, TP1..  None...........  201............  243............  1 L............  30 L...........  E..............  ........
                                                                                    II  3..............  144, IB2, T7,    150............  202............  242............  5 L............  60 L...........  B..............  ........
                                                                                                          TP1, TP8, TP28.
I............................  Petroleum sour             3  UN3494..........        I  3, 6.1.........  343, T14, TP2,   None...........  201............  243............  Forbidden......  30 L...........  D..............        40
                                crude oil,                                                                TP13.
                                flammable,
                                toxic.
                                                                                   III  3..............  144, B1, IB3,    150............  203............  242............  60 L...........  220 L..........  A..............  ........
                                                                                                          T4, TP1, TP29.
 
                                                                                                              * * * * * * *
G............................  Self-reactive            4.1  UN3230..........       II  4.1............  ...............  151............  224............  None...........  10 kg..........  25 kg..........  D..............    52, 53
                                solid type F.
 
                                                                                                              * * * * * * *
                               [ADD]
 
                                                                                                              * * * * * * *
G............................  Organometallic           4.2  UN3392..........        I  4.2............  B11, T21, TP2,   None...........  181............  244............  Forbidden......  Forbidden......  D..............        78
                                substance,                                                                TP7, TP36.
                                liquid,
                                pyrophoric.
G............................  Organometallic           4.2  UN3394..........        I  4.2, 4.3.......  B11, T21, TP2,   None...........  181............  244............  Forbidden......  Forbidden......  D..............        78
                                substance,                                                                TP7, TP36.
                                liquid,
                                pyrophoric,
                                water-reactive.
G............................  Organometallic           4.3  UN3398..........        I  4.3............  T13, TP2, TP7,   None...........  201............  244............  Forbidden......  1 L............  E..............    40, 52
                                substance,                                                                TP36.
                                liquid, water-
                                reactive.
                                                                                    II  4.3............  IB1, T7, TP2,    None...........  202............  243............  1 L............  5 L............  E..............    40, 52
                                                                                                          TP7, TP36.
                                                                                   III  4.3............  IB2, T7, TP2,    None...........  203............  242............  5 L............  60 L...........  E..............    40, 52
                                                                                                          TP7, TP36.
G............................  Organometallic           4.3  UN3399..........        I  4.3, 3.........  T13, TP2, TP7,   None...........  201............  244............  Forbidden......  1 L............  D..............    40, 52
                                substance,                                                                TP36.
                                liquid, water-
                                reactive,
                                flammable.
                                                                                    II  4.3, 3.........  IB1, IP2, T7,    None...........  202............  243............  1 L............  5 L............  D..............    40, 52
                                                                                                          TP2, TP7, TP36.
                                                                                   III  4.3, 3.........  IB2, IP4, T7,    None...........  203............  242............  5 L............  60 L...........  E..............    40, 52
                                                                                                          TP2, TP7, TP36.
G............................  Organometallic           4.2  UN3391..........        I  4.2............  T21, TP7, TP33,  None...........  187............  244............  Forbidden......  Forbidden......  D..............  ........
                                substance,                                                                TP36.
                                solid,
                                pyrophoric.
G............................  Organometallic           4.2  UN3393..........        I  4.2, 4.3.......  B11, T21, TP7,   None...........  187............  244............  Forbidden......  Forbidden......  D..............        52
                                substance,                                                                TP33, TP36.
                                solid,
                                pyrophoric,
                                water-reactive.
G............................  Organometallic           4.2  UN3400..........       II  4.2............  IB6, T3, TP33,   None...........  212............  242............  15 kg..........  50 kg..........  C..............  ........
                                substance,                                                                TP36.
                                solid, self-
                                heating.
                                                                                   III  4.2............  IB8, T1, TP33,   None...........  213............  242............  25 kg..........  100 kg.........  C..............  ........
                                                                                                          TP36.

[[Page 65472]]

 
G............................  Organometallic           4.3  UN3395..........        I  4.3............  N40, T9, TP7,    None...........  211............  242............  Forbidden......  15 kg..........  E..............    40, 52
                                substance,                                                                TP33, TP36.
                                solid, water-
                                reactive.
                                                                                    II  4.3............  IB4, T3, TP33,   151............  212............  242............  15 kg..........  50 kg..........  E..............    40, 52
                                                                                                          TP36.
                                                                                   III  4.3............  IB6, T1, TP33,   151............  213............  241............  25 kg..........  100 kg.........  E..............    40, 52
                                                                                                          TP36.
G............................  Organometallic           4.3  UN3396..........        I  4.3, 4.1.......  N40, T9, TP7,    None...........  211............  242............  Forbidden......  15 kg..........  E..............    40, 52
                                substance,                                                                TP33, TP36.
                                solid, water-
                                reactive,
                                flammable.
                                                                                    II  4.3, 4.1.......  IB4, T3, TP33,   151............  212............  242............  15 kg..........  50 kg..........  E..............    40, 52
                                                                                                          TP36.
                                                                                   III  4.3, 4.1.......  IB6, T1, TP33,   151............  213............  241............  25 kg..........  100 kg.........  E..............    40, 52
                                                                                                          TP36.
G............................  Organometallic           4.3  UN3397..........        I  4.3, 4.2.......  N40, T9, TP7,    None...........  211............  242............  Forbidden......  15 kg..........  E..............    40, 52
                                substance,                                                                TP33, TP36.
                                solid, water-
                                reactive, self-
                                heating.
                                                                                    II  4.3, 4.2.......  IB4, T3, TP33,   None...........  212............  242............  15 kg..........  50 kg..........  E..............    40, 52
                                                                                                          TP36.
                                                                                   III  4.3, 4.2.......  IB6, T1, TP33,   None...........  213............  241............  25 kg..........  100 kg.........  E..............    40, 52
                                                                                                          TP36.
 
                                                                                                              * * * * * * *
D............................  Petroleum oil...           3  NA1270..........        I  3..............  144, T11, TP1..  None...........  201............  243............  1 L............  30 L...........  E..............  ........
                                                                                    II  3..............  144, IB2, T7,    150............  202............  242............  5 L............  60 L...........  B..............  ........
                                                                                                          TP1, TP8, TP28.
                                                                                   III  3..............  144, B1, IB3,    150............  203............  242............  60 L...........  220 L..........  A..............  ........
                                                                                                          T4, TP1, TP29.
I............................  Petroleum sour             3  UN3494..........        I  3, 6.1.........  343, T14, TP2,   None...........  201............  243............  Forbidden......  30 L...........  D..............        40
                                crude oil,                                                                TP13.
                                flammable,
                                toxic.
 
                                                                                                              * * * * * * *
G............................  Self-reactive            4.1  UN3228..........       II  4.1............  ...............  151............  224............  None...........  10 kg..........  25 kg..........  D..............    52, 53
                                solid type E.
 
                                                                                                              * * * * * * *
                               [REVISE]
 
                                                                                                              * * * * * * *
                               Cartridges for          1.4S  UN0014..........       II  None...........  ...............  63.............  62.............  None...........  25 kg..........  100 kg.........  01.............        25
                                weapons, blank
                                or Cartridges,
                                small arms,
                                blank or
                                Cartridges for
                                tools, blank.
 
                                                                                                              * * * * * * *
                               Cartridges for          1.4S  UN0012..........       II  None...........  ...............  63.............  62.............  None...........  25 kg..........  100 kg.........  01.............        25
                                weapons, inert
                                projectile or
                                Cartridges,
                                small arms.
 
                                                                                                              * * * * * * *
                               Cartridges,             1.4S  UN0323..........       II  1.4S...........  110, 347.......  63.............  62.............  62.............  25 kg..........  100 kg.........  01.............        25
                                power device.
 
                                                                                                              * * * * * * *
D............................  Cartridges power       ORM-D  ................  .......  None...........  222............  63.............  None...........  None...........  30 kg gross....  Forbidden......  A..............  ........
                                device (used to
                                project
                                fastening
                                devices).
 
                                                                                                              * * * * * * *
D............................  Consumer               ORM-D  ................  .......  None...........  222............  156, 306.......  156, 306.......  None...........  30 kg gross....  Forbidden......  A..............  ........
                                commodity.
 
                                                                                                              * * * * * * *
G............................  Chemical under           2.2  UN3503..........  .......  2.2, 8.........  362, T50, TP40.  None...........  335............  313,315........  Forbidden......  100 kg.........  D..............        40
                                pressure,
                                corrosive,
                                n.o.s.
G............................  Chemical under           2.1  UN3505..........  .......  2.1, 8.........  362, T50, TP40.  None...........  335............  313,315........  Forbidden......  75 kg..........  D..............        40
                                pressure,
                                flammable,
                                corrosive,
                                n.o.s.

[[Page 65473]]

 
G............................  Chemical under           2.1  UN3501..........  .......  2.1............  362, T50, TP40.  None...........  335............  313,315........  Forbidden......  75 kg..........  D..............        40
                                pressure,
                                flammable,
                                n.o.s.
G............................  Chemical under           2.1  UN3504..........  .......  2.1, 6.1.......  362, T50, TP40.  None...........  335............  313,315........  Forbidden......  75 kg..........  D..............        40
                                pressure,
                                flammable,
                                toxic, n.o.s.
G............................  Chemical under           2.2  UN3500..........  .......  2.2............  362, T50, TP40.  None...........  335............  313,315........  75 kg..........  150 kg.........  B..............  ........
                                pressure, n.o.s.
G............................  Chemical under           2.2  UN3502..........  .......  2.2, 6.1.......  362, T50, TP40.  None...........  335............  313,315........  Forbidden......  100 kg.........  D..............        40
                                pressure,
                                toxic, n.o.s.
 
                                                                                                              * * * * * * *
D............................  Model rocket            1.4C  NA0276..........       II  1.4C...........  51.............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                motor.
D............................  Model rocket            1.4S  NA0323..........       II  1.4S...........  51.............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............        25
                                motor.
 
                                                                                                              * * * * * * *
D G..........................  Other regulated            9  NA3082..........      III  9..............  A189, IB3, T2,   155............  203............  241............  No limit.......  No limit.......  A..............  ........
                                substances,                                                               TP1.
                                liquid, n.o.s.
                               Powder,                 1.4C  UN0509..........       II  1.4C...........  16.............  171............  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                smokeless.
 
                                                                                                              * * * * * * *
                               Primers, cap            1.4S  UN0044..........       II  None...........  ...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............        25
                                type.
                               Primers, cap            1.1B  UN0377..........       II  1.1B...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                type.
                               Primers, cap            1.4B  UN0378..........       II  1.4B...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  05.............        25
                                type.
 
                                                                                                              * * * * * * *
                               Primers, tubular        1.3G  UN0319..........       II  1.3G...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                               Primers, tubular        1.4G  UN0320..........       II  1.4G...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                               Primers, tubular        1.4S  UN0376..........       II  None...........  ...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............        25
 
                                                                                                              * * * * * * *
                               Projectiles,            1.4S  UN0345..........       II  1.4S...........  ...............  ...............  62.............  62.............  25 kg..........  100 kg.........  01.............        25
                                inert with
                                tracer.
                               Projectiles,            1.3G  UN0424..........       II  1.3G...........  ...............  ...............  62.............  62.............  Forbidden......  Forbidden......  03.............        25
                                inert, with
                                tracer.
                               Projectiles,            1.4G  UN0425..........       II  1.4G...........  ...............  ...............  62.............  62.............  Forbidden......  75 kg..........  02.............        25
                                inert, with
                                tracer.
                               Projectiles,            1.2D  UN0346..........       II  1.2D...........  ...............  ...............  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                with burster or
                                expelling
                                charge.
                               Projectiles,            1.4D  UN0347..........       II  1.4D...........  ...............  ...............  62.............  62.............  Forbidden......  75 kg..........  02.............        25
                                with burster or
                                expelling
                                charge.
                               Projectiles,            1.2F  UN0426..........       II  1.2F...........  ...............  ...............  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                with burster or
                                expelling
                                charge.
                               Projectiles,            1.4F  UN0427..........       II  1.4F...........  ...............  ...............  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                with burster or
                                expelling
                                charge.
                               Projectiles,            1.2G  UN0434..........       II  1.2G...........  ...............  ...............  62.............  62.............  Forbidden......  Forbidden......  03.............        25
                                with burster or
                                expelling
                                charge.
                               Projectiles,            1.4G  UN0435..........       II  1.4G...........  ...............  ...............  62.............  62.............  Forbidden......  75 kg..........  02.............        25
                                with burster or
                                expelling
                                charge.
                               Projectiles,            1.1F  UN0167..........       II  1.1F...........  ...............  ...............  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                with bursting
                                charge.
                               Projectiles,            1.1D  UN0168..........       II  1.1D...........  ...............  ...............  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                with bursting
                                charge.
                               Projectiles,            1.2D  UN0169..........       II  1.2D...........  ...............  ...............  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                with bursting
                                charge.
                               Projectiles,            1.2F  UN0324..........       II  1.2F...........  ...............  ...............  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                with bursting
                                charge.
                               Projectiles,            1.4D  UN0344..........       II  1.4D...........  ...............  ...............  62.............  62.............  Forbidden......  75 kg..........  02.............        25
                                with bursting
                                charge.
 
                                                                                                              * * * * * * *
                               Propellant,             1.3C  UN0495..........       II  1.3C...........  37.............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                liquid.
                               Propellant,             1.1C  UN0497..........       II  1.1C...........  37.............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                liquid.
                               Propellant,             1.1C  UN0498..........       II  1.1C...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............   25, 26E
                                solid.
                               Propellant,             1.3C  UN0499..........       II  1.3C...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............   25, 26E
                                solid.
                               Propellant,             1.4C  UN0501..........       II  1.4C...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  02.............   25, 24E
                                solid.
 
                                                                                                              * * * * * * *
                               RDX and HMX             1.1D  UN0391..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                mixtures,
                                wetted with not
                                less than 15
                                percent water
                                by mass or RDX
                                and HMX
                                mixtures,
                                desensitized
                                with not less
                                than 10 percent
                                phlegmatizer by
                                mass.

[[Page 65474]]

 
 
                                                                                                              * * * * * * *
                               Release devices,        1.4S  UN0173..........       II  1.4S...........  ...............  None...........  62.............  62.............  25 kg..........  100 kg.........  01.............        25
                                explosive.
 
                                                                                                              * * * * * * *
                               Rivets,                 1.4S  UN0174..........       II  1.4S...........  ...............  None...........  62.............  62.............  25 kg..........  100 kg.........  01.............        25
                                explosive.
 
                                                                                                              * * * * * * *
                               Rocket motors...        1.3C  UN0186..........       II  1.3C...........  109............  None...........  62.............  62.............  Forbidden......  220 kg.........  04.............        25
                               Rocket motors...        1.1C  UN0280..........       II  1.1C...........  109............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                               Rocket motors...        1.2C  UN0281..........       II  1.2C...........  109............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                               Rocket motors,          1.2J  UN0395..........       II  1.2J...........  109............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............   25, 23E
                                liquid fueled.
                               Rocket motors,          1.3J  UN0396..........       II  1.3J...........  109............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............   25, 23E
                                liquid fueled.
                               Rocket motors           1.3L  UN0250..........       II  1.3L...........  109............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............  25, 14E,
                                with hypergolic                                                                                                                                                                                      15E
                                liquids with or
                                without an
                                expelling
                                charge.
                               Rocket motors           1.2L  UN0322..........       II  1.2L...........  109............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............  25, 14E,
                                with hypergolic                                                                                                                                                                                      15E
                                liquids with or
                                without an
                                expelling
                                charge.
                               Rockets, line-          1.2G  UN0238..........       II  1.2G...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                                throwing.
                               Rockets, line-          1.3G  UN0240..........       II  1.3G...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  03.............        25
                                throwing.
                               Rockets, line-          1.4G  UN0453..........       II  1.4G...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                throwing.
                               Rockets, liquid         1.1J  UN0397..........       II  1.1J...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............   25, 23E
                                fueled with
                                bursting charge.
                               Rockets, liquid         1.2J  UN0398..........       II  1.2J...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............   25, 23E
                                fueled with
                                bursting charge.
                               Rockets, with           1.1F  UN0180..........       II  1.1F...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                bursting charge.
                               Rockets, with           1.1E  UN0181..........       II  1.1E...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                bursting charge.
                               Rockets, with           1.2E  UN0182..........       II  1.2E...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                bursting charge.
                               Rockets, with           1.2F  UN0295..........       II  1.2F...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                bursting charge.
                               Rockets, with           1.2C  UN0436..........       II  1.2C...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                expelling
                                charge.
                               Rockets, with           1.3C  UN0437..........       II  1.3C...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                expelling
                                charge.
                               Rockets, with           1.4C  UN0438..........       II  1.4C...........  ...............  None...........  62.............  62.............  Forbidden......  75 kg..........  02.............        25
                                expelling
                                charge.
                               Rockets, with           1.3C  UN0183..........       II  1.3C...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                inert head.
                               Rockets, with           1.2C  UN0502..........  .......  1.2C...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  02.............    25, 5E
                                inert head.
 
                                                                                                              * * * * * * *
G............................  Samples,          ..........  UN0190..........       II  ...............  113............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                explosive,
                                other than
                                initiating
                                explosives.
 
                                                                                                              * * * * * * *
                               Signal devices,         1.4G  UN0191..........       II  1.4G...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                hand.
                               Signal devices,         1.4S  UN0373..........       II  1.4S...........  ...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............        25
                                hand.
                               Signals,                1.1G  UN0194..........       II  1.1G...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                                distress, ship.
                               Signals,                1.3G  UN0195..........       II  1.3G...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  03.............        25
                                distress, ship.
                               Signals,                1.4G  UN0505..........  .......  1.4G...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                distress, ship.
                               Signals,                1.4S  UN0506..........  .......  1.4S...........  ...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............        25
                                distress, ship.
 
                                                                                                              * * * * * * *
                               Signals, railway        1.1G  UN0192..........       II  1.1G...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                                track,
                                explosive.
                               Signals, railway        1.4S  UN0193..........       II  1.4S...........  ...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............        25
                                track,
                                explosive.

[[Page 65475]]

 
                               Signals, railway        1.3G  UN0492..........  .......  1.3G...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                                track,
                                explosive.
                               Signals, railway        1.4G  UN0493..........  .......  1.4G...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                track,
                                explosive.
 
                                                                                                              * * * * * * *
                               Signals, smoke..        1.1G  UN0196..........       II  1.1G...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                               Signals, smoke..        1.4G  UN0197..........       II  1.4G...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                               Signals, smoke..        1.2G  UN0313..........       II  1.2G...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                               Signals, smoke..        1.3G  UN0487..........       II  1.3G...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                               Signals, smoke..        1.4S  UN0507..........  .......  1.4S...........  ...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............        25
 
                                                                                                              * * * * * * *
                               Sodium dinitro-o-       1.3C  UN0234..........       II  1.3C...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............    25, 5E
                                cresolate, dry
                                or wetted with
                                less than 15
                                percent water,
                                by mass.
 
                                                                                                              * * * * * * *
                               Sodium                  1.3C  UN0235..........       II  1.3C...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............    25, 5E
                                picramate, dry
                                or wetted with
                                less than 20
                                percent water,
                                by mass.
 
                                                                                                              * * * * * * *
                               Sounding                1.2F  UN0204..........       II  1.2F...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  05.............        25
                                devices,
                                explosive.
                               Sounding                1.1F  UN0296..........       II  1.1F...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  05.............        25
                                devices,
                                explosive.
                               Sounding                1.1D  UN0374..........       II  1.1D...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                devices,
                                explosive.
                               Sounding                1.2D  UN0375..........       II  1.2D...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                devices,
                                explosive.
 
                                                                                                              * * * * * * *
G............................  Substances,             1.1L  UN0357..........       II  1.1L...........  101............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............  25, 14E,
                                explosive,                                                                                                                                                                                           15E
                                n.o.s.
G............................  Substances,             1.2L  UN0358..........       II  1.2L...........  101............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............  25, 14E,
                                explosive,                                                                                                                                                                                           15E
                                n.o.s.
G............................  Substances,             1.3L  UN0359..........       II  1.3L...........  101............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............  25, 14E,
                                explosive,                                                                                                                                                                                           15E
                                n.o.s.
G............................  Substances,             1.1A  UN0473..........       II  1.1A...........  101, 111.......  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.1C  UN0474..........       II  1.1C...........  101............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.1D  UN0475..........       II  1.1D...........  101............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.1G  UN0476..........       II  1.1G...........  101............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.3C  UN0477..........       II  1.3C...........  101............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.3G  UN0478..........       II  1.3G...........  101............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.4C  UN0479..........       II  1.4C...........  101............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.4D  UN0480..........       II  1.4D...........  101............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.4S  UN0481..........       II  1.4S...........  101............  None...........  62.............  None...........  25 kg..........  75 kg..........  01.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.4G  UN0485..........       II  1.4G...........  101............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                explosive,
                                n.o.s.
G............................  Substances,             1.5D  UN0482..........       II  1.5D...........  101............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                                explosive, very
                                insensitive,
                                n.o.s. or
                                Substances,
                                EVI, n.o.s.
 
                                                                                                              * * * * * * *
                               Sulfuric acid,             8  UN1831..........        I  8, 6.1.........  2, B9, B14,      None...........  227............  244............  Forbidden......  Forbidden......  C..............  ........
                                fuming with 30                                                            B32, B77, B84,
                                percent or more                                                           N34, T20, TP2,
                                free sulfur                                                               TP12, TP13.
                                trioxide.
 
                                                                                                              * * * * * * *
                               Tetranitroanilin        1.1D  UN0207..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                e.

[[Page 65476]]

 
 
                                                                                                              * * * * * * *
                               Tetrazol-1-             1.4C  UN0407..........       II  1.4C...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                acetic acid.
                               1H-Tetrazole....        1.1D  UN0504..........  .......  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............    25, 5E
 
                                                                                                              * * * * * * *
                               Torpedoes,              1.3J  UN0450..........       II  1.3J...........  ...............  ...............  62.............  None...........  Forbidden......  Forbidden......  05.............   25, 23E
                                liquid fueled,
                                with inert head.
                               Torpedoes,              1.1J  UN0449..........       II  1.1J...........  ...............  ...............  62.............  None...........  Forbidden......  Forbidden......  05.............   25, 23E
                                liquid fueled,
                                with or without
                                bursting charge.
                               Torpedoes with          1.1E  UN0329..........       II  1.1E...........  ...............  ...............  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                bursting charge.
                               Torpedoes with          1.1F  UN0330..........       II  1.1F...........  ...............  ...............  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                bursting charge.
                               Torpedoes with          1.1D  UN0451..........       II  1.1D...........  ...............  ...............  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                bursting charge.
 
                                                                                                              * * * * * * *
D............................  Toy Caps........        1.4S  NA0337..........       II  1.4S...........  ...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............        25
                               Tracers for             1.3G  UN0212..........       II  1.3G...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  03.............        25
                                ammunition.
                               Tracers for             1.4G  UN0306..........       II  1.4G...........  ...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............        25
                                ammunition.
 
                                                                                                              * * * * * * *
                               Trinitro-m-             1.1D  UN0216..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............    25, 5E
                                cresol.
 
                                                                                                              * * * * * * *
                               Trinitroaniline         1.1D  UN0153..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                or Picramide.
                               Trinitroanisole.        1.1D  UN0213..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
 
                                                                                                              * * * * * * *
                               Trinitrobenzene,        1.1D  UN0214..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                dry or wetted
                                with less than
                                30 percent
                                water, by mass.
 
                                                                                                              * * * * * * *
                               Trinitrobenzenes        1.1D  UN0386..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............    25, 5E
                                ulfonic acid.
                               Trinitrobenzoic         1.1D  UN0215..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                acid, dry or
                                wetted with
                                less than 30
                                percent water,
                                by mass.
 
                                                                                                              * * * * * * *
                               Trinitrochlorobe        1.1D  UN0155..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                nzene or Picryl
                                chloride.
 
                                                                                                              * * * * * * *
                               Trinitrofluoreno        1.1D  UN0387..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                ne.
 
                                                                                                              * * * * * * *
                               Trinitronaphthal        1.1D  UN0217..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                ene.
                               Trinitrophenetol        1.1D  UN0218..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                e.
 
                                                                                                              * * * * * * *
                               Trinitrophenol          1.1D  UN0154..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............    25, 5E
                                or Picric acid,
                                dry or wetted
                                with less than
                                30 percent
                                water, by mass.
 
                                                                                                              * * * * * * *
                               Trinitrophenylme        1.1D  UN0208..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                thylnitramine
                                or Tetryl.

[[Page 65477]]

 
                               Trinitroresorcin        1.1D  UN0219..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............    25, 5E
                                ol or Styphnic
                                acid, dry or
                                wetted with
                                less than 20
                                percent water,
                                or mixture of
                                alcohol and
                                water, by mass.
                               Trinitroresorcin        1.1D  UN0394..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............    25, 5E
                                ol, wetted or
                                Styphnic acid,
                                wetted with not
                                less than 20
                                percent water,
                                or mixture of
                                alcohol and
                                water by mass.
 
                                                                                                              * * * * * * *
                               Trinitrotoluene         1.1D  UN0388..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                and
                                Trinitrobenzene
                                mixtures or TNT
                                and
                                trinitrobenzene
                                mixtures or TNT
                                and
                                hexanitrostilbe
                                ne mixtures or
                                Trinitrotoluene
                                and
                                hexanitrostilne
                                ne mixtures.
                               Trinitrotoluene         1.1D  UN0389..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                mixtures
                                containing
                                Trinitrobenzene
                                and
                                Hexanitrostilbe
                                ne or TNT
                                mixtures
                                containing
                                trinitrobenzene
                                and
                                hexanitrostilbe
                                ne.
                               Trinitrotoluene         1.1D  UN0209..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                or TNT, dry or
                                wetted with
                                less than 30
                                percent water,
                                by mass.
 
                                                                                                              * * * * * * *
                               Tritonal........        1.1D  UN0390..........       II  1.1D...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
 
                                                                                                              * * * * * * *
                               Urea nitrate,           1.1D  UN0220..........       II  1.1D...........  119............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............        25
                                dry or wetted
                                with less than
                                20 percent
                                water, by mass.
 
                                                                                                              * * * * * * *
                               Warheads, rocket        1.4D  UN0370..........       II  1.4D...........  ...............  None...........  62.............  62.............  Forbidden......  75 kg..........  02.............        25
                                with burster or
                                expelling
                                charge.
                               Warheads, rocket        1.4F  UN0371..........       II  1.4F...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                with burster or
                                expelling
                                charge.
                               Warheads, rocket        1.1D  UN0286..........       II  1.1D...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                with bursting
                                charge.
                               Warheads, rocket        1.2D  UN0287..........       II  1.2D...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                with bursting
                                charge.
                               Warheads, rocket        1.1F  UN0369..........       II  1.1F...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  05.............        25
                                with bursting
                                charge.
                               Warheads,               1.1D  UN0221..........       II  1.1D...........  ...............  None...........  62.............  62.............  Forbidden......  Forbidden......  04.............        25
                                torpedo with
                                bursting charge.
 
                                                                                                              * * * * * * *
                               Zirconium               1.3C  UN0236..........       II  1.3C...........  ...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............    25, 5E
                                picramate, dry
                                or wetted with
                                less than 20
                                percent water,
                                by mass.
 
                                                                                                              * * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 65478]]


0
7. In Sec.  172.102, in paragraph (c)(1), special provision 16 is 
revised as follows:


Sec.  172.102  Special provisions

* * * * *
    (c) * * *
    (1) * * *
    16 This description applies to smokeless powder and other solid 
propellants that are used as powder for small arms and have been 
classed as Division 1.3C, 1.4C and Division 4.1 in accordance with 
Sec.  173.56 of this subchapter.
* * * * *

0
8. In Sec.  172.202, paragraph (a)(6)(vii) is revised as follows;


Sec.  172.202  Descripton of hazardous material on shipping papers.

    (a) * * *
    (6) * * *
    (vii) For hazardous materials in limited quantities, the total net 
quantity per package must be shown unless a gross mass is indicated in 
Column 4 of Sec.  173.27 Table 3, in which case the total gross mass 
per package must be shown. Where different hazardous materials in 
limited quantities are packed together in the same outer packaging, 
when a gross mass is indicated Column 4 of Sec.  173.27 Table 3, the 
net quantity of each hazardous material must be shown in addition to 
the gross mass of the completed package.
* * * * *

0
9. In Sec.  172.301, paragraph (a)(1)(i) is revised to read as follows:


Sec.  172.301  General marking requirements for non-bulk packagings.

    (a) * * *
    (1) * * *
    (i) Transitional exception. For domestic transportation, until 
January 1, 2017, the identification number markings are not subject to 
the minimum size requirements specified in this paragraph (a)(1).
* * * * *

0
10. In Sec.  172.315, paragraph (d)(1) is revised to read as follows:


Sec.  172.315  Limited quantities.

* * * * *
    (d) Transitional exceptions. (1) Alternative markings. Except for 
transportation by aircraft and until December 31, 2015, 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 only) as an 
alternative to the marking required by paragraph (a) of this section.
* * * * *

0
11. In Sec.  172.316, paragraph (a) is revised to read as follows:


Sec.  172.316  Packagings containing materials classed as ORM-D.

    (a) Each non-bulk packaging containing a material classed as ORM-D 
must be marked on at least one side or end with the ORM-D designation 
immediately following or below the proper shipping name of the 
material. The ORM designation must be placed within a rectangle that is 
approximately 6.3 mm (0.25 inches) larger on each side than the 
designation. Until December 31, 2020, the designation ORM-D is for an 
ORM-D material, as defined in Sec.  173.144, that is packaged in 
accordance with Sec. Sec.  173.63(b), 173.150 through 173.156, and 
173.306.
* * * * *

0
12. In Sec.  172.336, paragraph (c) is revised to read as follows:


Sec.  172.336  Identification numbers.

* * * * *
    (c) Identification Numbers are not required:

----------------------------------------------------------------------------------------------------------------
                                                                        Then the alternative marking requirement
              Packaging:                             When:                                 is:
----------------------------------------------------------------------------------------------------------------
On the ends of portable tanks, cargo    They have more than one         The identification numbers on the sides
 tanks, or tank cars.                    compartment and hazardous       of the tank are displayed in the same
                                         materials with different        sequence as the compartments containing
                                         identification numbers are      the materials they identify.
                                         being transported therein.
On cargo tanks........................  They contain only gasoline....  The tank is marked ``Gasoline'' on each
                                                                         side and rear in letters no less than
                                                                         50 mm (2 inches) high, or is placarded
                                                                         in accordance with Sec.   172.542(c).
On cargo tanks........................  They contain only fuel oil....  The cargo tank is marked ``Fuel Oil'' on
                                                                         each side and rear in letters no less
                                                                         than 50 mm (2 inches) high, or is
                                                                         placarded in accordance with Sec.
                                                                         172.544(c).
On one end of nurse tanks if that end   They meet the provisions of     N/A.
 contains valves, fittings, regulators   Sec.   173.315(m) of this
 or gauges when those appurtenances      subchapter.
 prevent the markings and placard from
 being properly placed and visible.
On cargo tanks, including               They contain more than one      The identification number for the liquid
 compartmented cargo tanks, or tank      petroleum distillate fuel.      petroleum distillate fuel having the
 cars.                                                                   lowest flash point is displayed. If the
                                                                         cargo tank also contains gasoline and
                                                                         alcohol fuel blends consisting of more
                                                                         than 10% ethanol the identification
                                                                         number ``3475'' or ``1987,'' as
                                                                         appropriate, must also be displayed.
----------------------------------------------------------------------------------------------------------------

* * * * *

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

0
13. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.


0
14. In Sec.  173.6, in paragraph (a)(6), the first sentence is revised 
to read as follows:


Sec.  173.6  Materials of trade exceptions.

* * * * *
    (a) * * *
    (6) A limited quantity package prepared in accordance with 
Sec. Sec.  173.63(b), 173.150, 173.151(b) and (c), 173.152, 173.153, 
173.154, 173.155, 173.161, 173.165, 173.167, 173.306(i), or 173.309(d) 
of this subchapter. * * *
* * * * *

0
15. In Sec.  173.22, paragraphs (a)(4)(ii) and (iii) are revised to 
read as follows:


Sec.  173.22  Shipper's responsibility.

    (a) * * *
    (4) * * *
    (ii) For other than a bulk package or a cylinder, a person must 
retain a copy of the manufacturer's notification,

[[Page 65479]]

including closure instructions (see Sec.  178.2(c) of this subchapter). 
For a bulk package or a cylinder, a person must retain a copy of the 
manufacturer's notification, including closure instructions (see Sec.  
178.2(c) of this subchapter), unless permanently embossed or printed on 
the package. A copy of the manufacturer's notification, including 
closure instructions (see Sec.  178.2(c) of this subchapter), unless 
permanently embossed or printed on the package when applicable, must be 
made available for inspection by a representative of the Department 
upon request for at least 90 days once the package is offered to the 
initial carrier for transportation in commerce. Subsequent offerors of 
a filled and otherwise properly prepared unaltered package are not 
required to maintain manufacturer notification (including closure 
instructions).
    (iii) When applicable, a person must retain a copy of any 
supporting documentation used to determine an equivalent level of 
performance under the selective testing variation in Sec.  
178.601(g)(1) of this subchapter. Such documentation is to be retained 
by the person certifying compliance with Sec.  178.601(g)(1), as 
prescribed in Sec.  178.601(l), and retained as prescribed in paragraph 
(a)(4)(ii) of this section.
* * * * *

0
16. In Sec.  173.24, paragraph (i) is revised to read as follows:


Sec.  173.24  General requirements for packagings and packages.

* * * * *
    (i) Air transportation. Except as provided in subpart C of part 171 
of this subchapter, packages prepared under Sec.  173.167 of this part, 
or packages prepared under Packing Instruction Y963 of the ICAO 
Technical Instructions, packages offered or intended for transportation 
by aircraft must conform to the general requirements for transportation 
by aircraft in Sec.  173.27.

0
17. In Sec.  173.25, paragraphs (a)(6) and (7) are revised to read as 
follows:


Sec.  173.25  Authorized packagings and overpacks.

    (a) * * *
    (6) For limited quantities and ORM material, the overpack is marked 
with a limited quantity marking prescribed in Sec.  172.315 of this 
subchapter or, the ORM marking prescribed in Sec.  172.316 of this 
subchapter, unless a limited quantity or ORM marking representative of 
the hazardous material in the overpack is visible.
    (7) For excepted quantities, the overpack is marked with the 
required marking of Sec.  173.4a of this part unless visible.
* * * * *

0
18. In Sec.  173.27, paragraph (f)(2)(i)(F) is revised and in paragraph 
(f)(3), the Class 9 entries in Table 3 are revised to read as follows:


Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) * * *
    (2) * * *
    (i) * * *
    (F) Class 8 (corrosive) materials UN2794, UN2795, UN2803, UN2809, 
UN3028, UN3506; and
* * * * *
    (3) * * *

       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 authorized
      Hazard class or division       Glass, earthenware or                          net quantity of each                       Notes
                                          fiber inner          Metal or plastic        outer package
                                           packagings          inner packagings
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Class 9 (liquid material)..........  30 mL (UN3316); 5.0L   30 mL (UN3316); 5.0L   1 kg (UN3316); 30 kg   Authorized materials: UN1941, UN1990, UN2071,
                                      (UN1941, UN1990,       (UN1941, UN1990,       gross (all other       UN3077, UN3082, UN3334, and UN3335.
                                      UN3082, UN3334).       UN3082, UN3334).       authorized Class 9     Additionally, Consumer commodity (ID8000) in
                                                                                    material).             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); 5.0    100 g (UN3316); 5.0    1 kg (UN3316); 30 kg   ..............................................
                                      kg (UN2071, UN3077,    kg (UN2071, UN3077,    gross (all other
                                      UN3335).               UN3335).               authorized Class 9
                                                                                    material).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
19. In Sec.  173.62, in paragraph (c), in the Table of Packing Methods, 
Packing Instructions 112(b), 116, and 130 are revised to read as 
follows:


Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (c) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
         Packing instruction               Inner packagings     Intermediate packagings      Outer packagings
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
112(b)...............................  Bags...................  Bags...................  Bags.
 
                                                  * * * * * * *
130..................................  Not necessary..........  Not necessary..........  Boxes.
Particular Packaging Requirements:

[[Page 65480]]

 
1. The following applies to UN 0006,   .......................  .......................  Steel (4A). Aluminum
 0009, 0010, 0015, 0016, 0018, 0019,                                                      (4B). Other metal
 0034, 0035, 0038, 0039, 0048, 0056,                                                      (4N). Wood natural,
 0137, 0138, 0168, 0169, 0171, 0181,                                                      ordinary (4C1). Wood
 0182, 0183, 0186, 0221, 0238, 0243,                                                      natural, sift-proof
 0244, 0245, 0246, 0254, 0280, 0281,                                                      walls (4C2). Plywood
 0286, 0287, 0297, 0299, 0300, 0301,                                                      (4D). Reconstituted
 0303, 0321, 0328, 0329, 0344, 0345,                                                      wood (4F). Fiberboard
 0346, 0347, 0362, 0363, 0370, 0412,                                                      (4G). Plastics,
 0424, 0425, 0434, 0435, 0436, 0437,                                                      expanded (4H1).
 0438, 0451, 0459 and 0488. Large and                                                     Plastics, solid (4H2).
 robust explosives articles, normally                                                     Drums. Steel (1A1 or
 intended for military use, without                                                       1A2). Aluminum (1B1 or
 their means of initiation or with                                                        1B2). Other metal (1N1
 their means of initiation containing                                                     or 1N2). Plywood (1D).
 at least two effective protective                                                        Fiber (1G). Plastics
 features, may be carried unpackaged.                                                     (1H1 or 1H2). Large
 When such articles have propelling                                                       Packagings. Steel
 charges or are self-propelled, their                                                     (50A). Aluminum (50B).
 ignition systems must be protected                                                       Metal other than steel
 against stimuli encountered during                                                       or aluminum (50N).
 normal conditions of transport. A                                                        Rigid plastics (50H).
 negative result in Test Series 4 on                                                      Natural wood (50C).
 an unpackaged article indicates that                                                     Plywood (50D).
 the article can be considered for                                                        Reconstituted wood
 transport unpackaged. Such                                                               (50F). Rigid
 unpackaged articles may be fixed to                                                      fiberboard (50G).
 cradles or contained in crates or
 other suitable handling devices.
2. Subject to approval by the
 Associate Administrator, large
 explosive articles, as part of their
 operational safety and suitability
 tests, subjected to testing that
 meets the intentions of Test Series
 4 of the UN Manual of Tests and
 Criteria with successful test
 results, may be offered for
 transportation in accordance with
 the requirements of this subchapter.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
20. In Sec.  173.63 paragraph (b) is revised to read as follows:


Sec.  173.63  Packaging exceptions.

* * * * *
    (b) Limited quantities of Cartridges, small arms, Cartridges, power 
device, Cartridges for tools, blank, and Cases, cartridge, empty with 
primer. (1)(i) Cartridges, small arms, Cartridges, power device (used 
to project fastening devices), Cartridges for tools, blank, and Cases, 
cartridge, empty with primer that have been classed as Division 1.4S 
explosive may be offered for transportation and transported as limited 
quantities when packaged in accordance with paragraph (b)(2) of this 
section. Packages containing such articles may be marked with either 
the marking prescribed in Sec.  172.315(a) or (b) of this subchapter 
and offered for transportation and transported by any mode. For 
transportation by aircraft, the package must conform to the applicable 
requirements of Sec.  173.27 of this part. In addition, packages 
containing such articles offered for transportation by aircraft must be 
marked with the proper shipping name as prescribed in the Sec.  172.101 
Hazardous Materials Table of this subchapter. Packages containing such 
articles are not subject to the shipping paper requirements of subpart 
C of part 172 of this subchapter unless the material meets the 
definition of a hazardous substance, hazardous waste, marine pollutant, 
or is offered for transportation and transported by aircraft or vessel. 
Additionally, packages containing such articles are excepted from the 
requirements of subparts E (Labeling) and F (Placarding) of part 172 of 
this subchapter.
    (ii) Until December 31, 2012, a package containing such articles 
may be marked with the proper shipping name ``Cartridges, small arms'' 
or ``Cartridges, power device (used to project fastening devices)'' and 
reclassed as ``ORM-D-AIR'' material if it contains properly packaged 
articles as authorized by this subchapter on October 1, 2010. 
Additionally, for transportation by aircraft, Cartridge, power devices 
must be successfully tested under the UN Test Series 6(d) criteria for 
reclassification as ORM-D-AIR material effective July 1, 2011. Until 
December 31, 2020, a package containing such articles may be marked 
with the proper shipping name ``Cartridges, small arms'' or 
``Cartridges, power device (used to project fastening devices),'' 
``Cartridges for tools, blank,'' and ``Cases, cartridge empty with 
primer'' and reclassed as ``ORM-D'' material if it contains properly 
packaged articles as authorized by this subchapter on October 1, 2010.
    (iii) Cartridges, small arms, Cartridges, power device (used to 
project fastening devices), Cartridges for tools, blank, and Cases, 
cartridge empty with primer that may be shipped as a limited quantity 
or ORM-D material are as follows:
    (A) Ammunition for rifle, pistol or shotgun;
    (B) Ammunition with inert projectiles or blank ammunition;
    (C) Ammunition having no tear gas, incendiary, or detonating 
explosive projectiles;
    (D) Ammunition not exceeding 12.7 mm (50 caliber or 0.5 inch) for 
rifle or pistol, cartridges or 8 gauge for shotshells;
    (E) Cartridges for tools, blank; and
    (F) Cases, cartridge, empty with primer.

[[Page 65481]]

    (G) Cartridges, power device (used to project fastening devices).
    (2) Packaging for Cartridges, small arms, Cartridges for tools, 
blank, Cases, cartridge empty with primer, and eligible Cartridges, 
power device as limited quantity or ORM-D material must be as follows:
    (i) Ammunition must be packed in inside boxes, or in partitions 
that fit snugly in the outside packaging, or in metal clips;
    (ii) Primers must be protected from accidental initiation;
    (iii) Inside boxes, partitions or metal clips must be packed in 
securely-closed strong outside packagings;
    (iv) Maximum gross weight is limited to 30 kg (66 pounds) per 
package; and
    (v) Cartridges for tools, blank, Cartridges, power devices which 
are used to project fastening devices, Cases, cartridge, empty with 
primer, and 22 caliber rim-fire cartridges may be packaged loose in 
strong outside packagings.
* * * * *

0
21. Section 173.144 is revised to read as follows:


Sec.  173.144  Other Regulated Material (ORM)--Definitions.

    Until December 31, 2020 and for the purposes of this subchapter, 
``ORM-D material'' means a material such as a Consumer commodity, 
Cartridges, small arms, Cartridges, power devices (used to project 
fastening devices), Cartridges for tools, blank, and Cases, cartridge, 
empty with primer, which, although otherwise subject to the regulations 
of this subchapter, presents a limited hazard during transportation due 
to its form, quantity and packaging. The article or substance must be a 
material for which exceptions are provided in Column (8A) of the Sec.  
172.101 Hazardous Materials Table.

0
22. In Sec.  173.150, paragraphs (d)(2)(ii) and (iii) are revised to 
read as follows:


Sec.  173.150  Exceptions for Class 3 (flammable and combustible 
liquids).

* * * * *
    (d) * * *
    (2) * * *
    (ii) For transportation aboard a passenger-carrying aircraft, 
contains more than 24% but not more than 70% alcohol by volume when in 
unopened retail packagings not exceeding 5 liters (1.3 gallons) carried 
in carry-on or checked baggage, with a total net quantity per person of 
5 liters (1.3) gallons (See Sec.  175.10(a)(4) of this subchapter); or
    (iii) When carried as cargo, contains more than 24% but not more 
than 70% alcohol by volume in an inner packaging not exceeding 5 L (1.3 
gallons).
* * * * *

0
23. In Section 173.156:
0
a. Paragraph (b)(1) introductory text is revised.
0
b. Paragraph (b)(2)(vi) is removed.
    The revision reads 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 when--
* * * * *

0
24. Section 173.165 is revised to read as follows:


Sec.  173.165  Polyester resin kits.

    (a) Polyester resin kits consisting of a base material component 
(Class 3, Packing Group II or III) and an activator component (Type D, 
E, or F organic peroxide that does not require temperature control)--
    (1) The organic peroxide component must be packed in inner 
packagings not over 125 mL (4.22 fluid ounces) net capacity each for 
liquids or 500 g (17.64 ounces) net capacity each for solids.
    (2)(i) Except for transportation by aircraft, the flammable liquid 
component must be packaged in suitable inner packagings.
    (ii) For transportation by aircraft, a Packing Group II base 
material is limited to a quantity of 5 L (1.3 gallons) in metal or 
plastic inner packagings and 1 L (0.3 gallons) in glass inner 
packagings. A Packing Group III base material is limited to a quantity 
of 10 L (2.6 gallons) in metal or plastic inner packagings and 2.5 L 
(0.66 gallons) in glass inner packagings.
    (3) If the flammable liquid component and the organic peroxide 
component will not interact dangerously in the event of leakage, they 
may be packed in the same outer packaging.
    (4) The Packing Group assigned will be II or III, according to the 
criteria for Class 3, applied to the base material. Additionally, 
polyester resin kits must be packaged in specification combination 
packagings, based on the performance level required of the base 
material (II or III) contained within the kit, as prescribed in 
Sec. Sec.  173.202 or 173.203 of this subchapter, as appropriate.
    (5) For transportation by aircraft, the following additional 
requirements apply:
    (i) Closures on inner packagings containing liquids must be secured 
by secondary means;
    (ii) Inner packagings containing liquids must be capable of meeting 
the pressure differential requirements prescribed in Sec.  173.27(c); 
and
    (iii) The total quantity of activator and base material may not 
exceed 5 kg (11 lbs) per package for a Packing Group II base material. 
The total quantity of activator and base material may not exceed 10 kg 
(22 lbs) per package for a Packing Group III base material. The total 
quantity of polyester resin kits per package is calculated on a one-to-
one basis (i.e., 1 L equals 1 kg).
    (b) Polyester resin kits are eligible for the Small Quantity 
exceptions in Sec.  173.4 and the Excepted Quantity exceptions in Sec.  
173.4a, as applicable.
    (c) Limited quantities. Limited quantity packages of polyester 
resin kits are excepted from labeling requirements, unless the material 
is offered for transportation or transported by aircraft, and are 
excepted from the specification packaging requirements of this 
subchapter when packaged in combination packagings according to this 
paragraph. For transportation by aircraft, only hazardous material 
authorized aboard passenger-carrying aircraft may be transported as a 
limited quantity. 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, and is eligible for the exceptions 
provided in Sec.  173.156 of this part. In addition, shipments of 
limited quantities are not subject to subpart F (Placarding) of part 
172 of this subchapter. Each package must conform to the general 
packaging requirements of subpart B of this part and may not exceed 30 
kg (66 pounds) gross weight.
    (1) For other than transportation by aircraft, the organic peroxide 
component must be packed in inner packagings not over 125 mL (4.22 
fluid ounces) net capacity each for liquids or 500 g (17.64 ounces) net 
capacity each for solids. For transportation by aircraft, the organic 
peroxide component must be packed in inner packagings not over 30 mL 
(4.22 fluid ounces) net capacity each for liquids or 100 g (17.64 
ounces) net capacity each for solids.
    (2) Except for transportation by aircraft, the flammable liquid 
component must be packed in inner packagings not over 5 L (1.3 gallons) 
net capacity each for a Packing Group II and

[[Page 65482]]

Packing Group III liquid. For transportation by aircraft, the flammable 
liquid component must be packed in inner packagings not over 1 L (0.26 
gallons) net capacity each for a Packing Group II material. The 
flammable liquid component must be packed in metal or plastic inner 
packagings not over 5.0 L (1.3 gallons) net capacity each or glass 
inner packagings not over 2.5 L (0.66 gallons) net capacity each for a 
Packing Group III material.
    (3) If the flammable liquid component and the organic peroxide 
component will not interact dangerously in the event of leakage, they 
may be packed in the same outer packaging.
    (4) For transportation by aircraft, the following additional 
requirements apply:
    (i) Closures on inner packagings containing liquids must be secured 
by secondary means as prescribed in Sec.  173.27(d);
    (ii) Inner packagings containing liquids must be capable of meeting 
the pressure differential requirements prescribed in Sec.  173.27(c);
    (iii) The total quantity of activator and base material may not 
exceed 1 kg (2.2 lbs) per package for a Packing Group II base material. 
The total quantity of activator and base material may not exceed 5 kg 
(11 lbs) per package for a Packing Group III base material. The total 
quantity of polyester resin kits per package is calculated on a one-to-
one basis (i.e., 1 L equals 1 kg);
    (iv) Drop test capability. Fragile inner packagings must be 
packaged to prevent failure under conditions normally incident to 
transport. Packages of consumer commodities must be capable of 
withstanding a 1.2 m drop on solid concrete in the position most likely 
to cause damage; and
    (v) Stack test capability. Packages of consumer commodities must be 
capable of withstanding, without failure or leakage of any inner 
packaging and without any significant reduction in effectiveness, a 
force applied to the top surface for a duration of 24 hours equivalent 
to the total weight of identical packages if stacked to a height of 3.0 
m (including the test sample).
    (d) Consumer commodities. Until December 31, 2020, a limited 
quantity package of polyester resin kits that are also consumer 
commodities as defined in Sec.  171.8 of this subchapter may be renamed 
``Consumer commodity'' and reclassed as ORM-D or, until December 31, 
2012, as ORM-D-AIR material and offered for transportation and 
transported in accordance with the applicable provisions of this 
subchapter in effect on October 1, 2010.

0
25. In Sec.  173.167, paragraph (a) introductory text is revised to 
read as follows:


Sec.  173.167  Consumer commodities.

    (a) Effective January 1, 2013, a ``consumer commodity'' (see Sec.  
171.8 of this subchapter) when offered for transportation by aircraft 
may only include articles or substances of Class 2 (non-toxic aerosols 
only), Class 3 (Packing Group II and III only), Division 6.1 (Packing 
Group III only), UN3077, UN3082, UN3175, UN3334, and UN3335, provided 
such materials do not have a subsidiary risk and are authorized aboard 
a passenger-carrying aircraft. Consumer commodities are excepted from 
the specification outer packaging requirements of this subchapter. 
Packages prepared under the requirements of this section are excepted 
from labeling and shipping papers when transported by highway or rail. 
Except as indicated in Sec.  173.24(i), each completed package must 
conform to Sec. Sec.  173.24 and 173.24a of this subchapter. 
Additionally, except for the pressure differential requirements in 
Sec.  173.27(c), the requirements of Sec.  173.27 do not apply to 
packages prepared in accordance with this section. Packages prepared 
under the requirements of this section may be offered for 
transportation and transported by all modes. As applicable, the 
following apply:
* * * * *

0
26. In Sec.  173.171, the introductory text and paragraphs (a), (c), 
and (d) are revised to read as follows:


Sec.  173.171  Smokeless powder for small arms.

    Smokeless powder for small arms which has been classed in Division 
1.3 or Division 1.4 may be reclassed in Division 4.1, for domestic 
transportation by motor vehicle, rail car, vessel, or cargo-only 
aircraft, subject to the following conditions:
    (a) Powders that have been approved as Division 1.3C or Division 
1.4C may be reclassed to Division 4.1 in accordance with Sec. Sec.  
173.56 and 173.58 of this part.
* * * * *
    (c) Only combination packagings with inner packagings not exceeding 
3.6 kg (8 pounds) net mass are authorized. Inner packagings must be 
arranged and protected so as to prevent simultaneous ignition of the 
contents. The complete package must be of the same type which has been 
examined as required in Sec.  173.56 of this part.
    (d) Inside packages that have been examined and approved by the 
Associate Administrator may be packaged in UN 4G fiberboard boxes 
meeting the Packing Group I performance level, provided all inside 
containers are packed to prevent shifting and the net weight of 
smokeless powder in any one box does not exceed 7.3 kg (16 pounds).

0
27. In Sec.  173.176, paragraphs (a)(2)(i) and (ii) are revised to read 
as follows;


Sec.  173.176  Capacitors.

    (a) * * *
    (2) * * *
    (i) When a capacitor's energy storage capacity is less than or 
equal to 10 Wh or when the energy storage capacity of each capacitor in 
a module is less than or equal to 10 Wh, the capacitor or module must 
be protected against short circuit or be fitted with a metal strap 
connecting the terminals; or
    (ii) When the energy storage capacity of a capacitor or a capacitor 
in a module is more than 10 Wh, the capacitor or module must be fitted 
with a metal strap connecting the terminals;
* * * * *

0
28. In Sec.  173.185, paragraph (a)(1) is revised to read as follows:


Sec.  173.185  Lithium cells and batteries.

    (a) * * *
    (1) Cells and batteries manufactured according to a type meeting 
the requirements of sub-section 38.3 of the Manual of Tests and 
Criteria, Revision 3, Amendment 1 or any subsequent revision and 
amendment applicable at the date of the type testing may continue to be 
transported, unless otherwise provided in this subchapter. Cell and 
battery types only meeting the requirements of the Manual of Tests and 
Criteria, Revision 3, are no longer valid. However, cells and batteries 
manufactured in conformity with such types before July 2003 may 
continue to be transported if all other applicable requirements are 
fulfilled.
* * * * *

0
29. In Sec.  173.225, the paragraph (c) ``Organic Peroxide Table'' and 
the paragraph (e) ``Organic Peroxide IBC Table'' are amended by 
removing the entries under ``[REMOVE]'' and adding entries under 
``[ADD]'' in alphabetical order to read as follows:


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

* * * * *
    (c) * * *

[[Page 65483]]



                                                                 Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Diluent (mass %)                                    Temperature ( [deg]C)
       Technical name              ID No.        Concentration  ---------------------------    Water     Packing method ------------------------  Notes
                                                   (mass %)         A        B        I      (mass %)                      Control    Emergency
(1)                           (2)............               (3)     (4a)     (4b)     (4c)         (5)  (6)............        (7a)        (7b)      (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
          [REMOVE]
 
                                                                      * * * * * * *
Diisopropyl                   UN3115.........              <=32     >=68  .......  .......  ..........  OP7............         -15          -5  .......
 peroxydicarbonate.
Diisopropyl                   UN3115.........              <=52  .......     >=48  .......  ..........  OP7............         -20         -10  .......
 peroxydicarbonate.
Diisopropyl                   UN3115.........              <=28     >=72  .......  .......  ..........  OP7............         -15          -5  .......
 peroxydicarbonate.
 
                                                                      * * * * * * *
            [ADD]
 
                                                                      * * * * * * *
Diisopropyl                   UN3112.........           >52-100  .......  .......  .......  ..........  OP2............         -15          -5  .......
 peroxydicarbonate.
Diisopropyl                   UN3115.........              <=52  .......     >=48  .......  ..........  OP7............         -20         -10  .......
 peroxydicarbonate.
Diisopropyl                   UN3115.........              <=32     >=68  .......  .......  ..........  OP7............         -15          -5  .......
 peroxydicarbonate.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                                               Organic Peroxide IBC Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Maximum
                UN No.                             Organic peroxide                    Type of IBC           quantity         Control        Emergency
                                                                                                             (liters)       temperature     temperature
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       [REMOVE]
3109.................................  ORGANIC PEROXIDE, TYPE F, LIQUID.
                                       tert-Butyl hydroperoxide, not more than  31A.....................            1250  ..............  ..............
                                        72% with water.
                                       tert-Butyl peroxyacetate, not more than  31A.....................            1250  ..............  ..............
                                        32% in diluent type A.
                                                                                31HA1...................            1000  ..............  ..............
                                       tert-Butyl peroxybenzoate, not more      31A.....................            1250  ..............  ..............
                                        than 32% in diluent type A.
                                       tert-Butyl peroxy-3,5,5-                 31A.....................            1250  ..............  ..............
                                        trimethylhexanoate, not more than 37%
                                        in diluent type A.
                                                                                31HA1...................            1000  ..............  ..............
                                       Cumyl hydroperoxide, not more than 90%   31HA1...................            1250  ..............  ..............
                                        in diluent type A.
                                       Dibenzoyl peroxide, not more than 42%    31H1....................            1000  ..............  ..............
                                        as a stable dispersion.
                                       Di-tert-butyl peroxide, not more than    31A.....................            1250  ..............  ..............
                                        52% in diluent type B.
                                                                                31HA1...................            1000  ..............  ..............
                                       1,1-Di-(tert-Butylperoxy) cyclohexane,   31A.....................            1250  ..............  ..............
                                        not more than 37% in diluent type A.
                                       1,1-Di-(tert-butylperoxy) cyclohexane,   31H1....................            1000  ..............  ..............
                                        not more than 42% in diluent type A.
                                       Dicumyl peroxide, less than or equal to  31A.....................            1250  ..............  ..............
                                        100%.
                                                                                31HA1...................            1000  ..............  ..............
                                       Diisobutyryl peroxide, not more than     31HA1...................            1000      -20 [deg]C      -10 [deg]C
                                        28% as a stable dispersion in water.
                                                                                31A.....................            1250      -20 [deg]C      -10 [deg]C
                                       Diisobutyryl peroxide, not more than     31HA1...................            1000      -25 [deg]C      -15 [deg]C
                                        42% as a stable dispersion in water.
                                                                                31A.....................            1250      -25 [deg]C      -15 [deg]C
                                       Dilauroyl peroxide, not more than 42%,   31HA1...................            1000  ..............  ..............
                                        stable dispersion, in water.
                                       Isopropyl cumyl hydroperoxide, not more  31HA1...................            1250  ..............  ..............
                                        than 72% in diluent type A.
                                       p-Menthyl hydroperoxide, not more than   31HA1...................            1250  ..............  ..............
                                        72% in diluent type A.
                                       Peroxyacetic acid, stabilized, not more  31A.....................            1500  ..............  ..............
                                        than 17%.
                                                                                31H1....................            1500  ..............  ..............
                                                                                31H2....................            1500  ..............  ..............
                                                                                31HA1...................            1500  ..............  ..............
                                       Peroxyacetic acid, with not more than    31A.....................            1500  ..............  ..............
                                        26% hydrogen peroxide.

[[Page 65484]]

 
                                                                                31HA1...................            1500  ..............  ..............
                                       Peroxyacetic acid, type F, stabilized..  31A.....................            1500  ..............  ..............
                                                                                31HA1...................            1500  ..............  ..............
3110.................................  ORGANIC PEROXIDE TYPE F, SOLID.
                                       Dicumyl peroxide, less than or equal to  31A.....................            2000  ..............  ..............
                                        100%.
                                                                                31H1....................  ..............  ..............  ..............
                                                                                31HA1...................  ..............  ..............  ..............
3119.................................  ORGANIC PEROXIDE, TYPE F, LIQUID,
                                        TEMPERATURE CONTROLLED.
                                       tert-Amyl peroxypivalate, not more than  31A.....................            1250      +10 [deg]C      +15 [deg]C
                                        32% in diluent type A.
                                       tert-Butyl peroxy-2-ethylhexanoate, not  31HA1...................            1000      +30 [deg]C      +35 [deg]C
                                        more than 32% in diluent type B.
                                                                                31A.....................            1250      +30 [deg]C      +35 [deg]C
                                       tert-Butyl peroxyneodecanoate, not more  31A.....................            1250        0 [deg]C      +10 [deg]C
                                        than 32% in diluent type A.
                                       tert-Butyl peroxyneodecanoate, not more  31A.....................            1250       -5 [deg]C       +5 [deg]C
                                        than 52%, stable dispersion, in water.
                                       tert-Butyl peroxypivalate, not more      31HA1...................            1000      +10 [deg]C      +15 [deg]C
                                        than 27% in diluent type B.
                                                                                31A.....................            1250      +10 [deg]C      +15 [deg]C
                                       Dicyclohexylperoxydicarbonate, not more  31A.....................            1250      +10 [deg]C      +15 [deg]C
                                        than 42% as a stable dispersion, in
                                        water.
                                       Di-(4-tert-butylcyclohexyl)              31HA1...................            1000      +30 [deg]C      +35 [deg]C
                                        peroxydicarbonate, not more than 42%,
                                        stable dispersion, in water.
                                       Dicetyl peroxydicarbonate, not more      31HA1...................            1000      +30 [deg]C      +35 [deg]C
                                        than 42%, stable dispersion, in water.
                                       Di-(2-ethylhexyl) peroxydicarbonate,     31A.....................            1250      -20 [deg]C      -10 [deg]C
                                        not more than 62%, staple dispersion,
                                        in water.
                                       Dimyristyl peroxydicarbonate, not more   31HA1...................            1000      +15 [deg]C      +20 [deg]C
                                        than 42%, stable dispersion, in water.
                                       Di-(3,5,5-trimethylhexanoyl) peroxide,   31HA1...................            1000      +10 [deg]C      +15 [deg]C
                                        not more than 52% in diluent type A.
                                       Di-(2-neodecanoylperoxyisopropyl)        31A.....................            1250      -15 [deg]C       -5 [deg]C
                                        benzene, not more than 42%, stable
                                        dispersion, in water.
                                       3-Hydroxy-1,1-dimethylbutyl peroxy-      31A.....................            1250      -15 [deg]C       -5 [deg]C
                                        neodecanoate, not more than 52%,
                                        stable dispersion, in water.
                                       Di-(3,5,5-trimethylhexanoyl) peroxide,   31A.....................            1250      +10 [deg]C      +15 [deg]C
                                        not more than 52%, stable dispersion,
                                        in water.
                                       1,1,3,3-Tetramethylbutyl                 31A.....................            1250       -5 [deg]C       +5 [deg]C
                                        peroxyneodecanoate, not more than 52%,
                                        stable dispersion, in water.
                                                                                31HA1...................            1000       -5 [deg]C       +5 [deg]C
 
                                                                      * * * * * * *
                                                        [ADD]
3109.................................  ORGANIC PEROXIDE, TYPE F, LIQUID.
                                       tert-Butyl hydroperoxide, not more than  31A.....................            1250  ..............  ..............
                                        72% with water.
                                       tert-Butyl peroxyacetate, not more than  31A.....................            1250
                                        32% in diluent type A.
                                                                                31HA1...................            1000  ..............  ..............
                                       tert-Butyl peroxybenzoate, not more      31A.....................            1250  ..............  ..............
                                        than 32% in diluent type A.
                                       tert-Butyl peroxy-3,5,5-                 31A.....................            1250  ..............  ..............
                                        trimethylhexanoate, not more than 37%
                                        in diluent type A.
                                                                                31HA1...................            1000  ..............  ..............
                                       Cumyl hydroperoxide, not more than 90%   31HA1...................            1250  ..............  ..............
                                        in diluent type A.
                                       Dibenzoyl peroxide, not more than 42%    31H1....................            1000  ..............  ..............
                                        as a stable dispersion.
                                       Di-tert-butyl peroxide, not more than    31A.....................            1250  ..............  ..............
                                        52% in diluent type B.
                                                                                31HA1...................            1000  ..............  ..............
                                       1,1-Di-(tert-Butylperoxy) cyclohexane,   31A.....................            1250  ..............  ..............
                                        not more than 37% in diluent type A.
                                       1,1-Di-(tert-butylperoxy) cyclohexane,   31H1....................            1000  ..............  ..............
                                        not more than 42% in diluent type A.
                                       Dicumyl peroxide, less than or equal to  31A.....................            1250  ..............  ..............
                                        100%.
                                                                                31HA1...................            1000  ..............  ..............
                                       Dilauroyl peroxide, not more than 42%,   31HA1...................            1000  ..............  ..............
                                        stable dispersion, in water.
                                       Isopropyl cumyl hydroperoxide, not more  31HA1...................            1250  ..............  ..............
                                        than 72% in diluent type A.
                                       p-Menthyl hydroperoxide, not more than   31HA1...................            1250  ..............  ..............
                                        72% in diluent type A.
                                       Peroxyacetic acid, stabilized, not more  31A.....................            1500  ..............  ..............
                                        than 17%.
                                                                                31H1....................            1500
                                                                                31H2....................            1500  ..............  ..............

[[Page 65485]]

 
                                                                                31HA1...................            1500  ..............  ..............
                                       Peroxyacetic acid, with not more than    31A.....................            1500  ..............  ..............
                                        26% hydrogen peroxide.
                                                                                31HA1...................            1500  ..............  ..............
                                       Peroxyacetic acid, type F, stabilized..  31A.....................            1500  ..............  ..............
                                                                                31HA1...................            1500  ..............  ..............
3110.................................  ORGANIC PEROXIDE TYPE F, SOLID.
                                       Dicumyl peroxide, less than or equal to  31A.....................            2000  ..............  ..............
                                        100%.
                                                                                31H1....................  ..............  ..............  ..............
                                                                                31HA1...................  ..............  ..............  ..............
3119.................................  ORGANIC PEROXIDE, TYPE F, LIQUID,
                                        TEMPERATURE CONTROLLED.
                                       tert-Amyl peroxypivalate, not more than  31A.....................            1250      +10 [deg]C      +15 [deg]C
                                        32% in diluent type A.
                                       tert-Butyl peroxy-2-ethylhexanoate, not  31HA1...................            1000      +30 [deg]C      +35 [deg]C
                                        more than 32% in diluent type B.
                                                                                31A.....................            1250      +30 [deg]C      +35 [deg]C
                                       tert-Butyl peroxyneodecanoate, not more  31A.....................            1250        0 [deg]C      +10 [deg]C
                                        than 32% in diluent type A.
                                       tert-Butyl peroxyneodecanoate, not more  31A.....................            1250       -5 [deg]C       +5 [deg]C
                                        than 52%, stable dispersion, in water.
                                       tert-Butyl peroxypivalate, not more      31HA1...................            1000      +10 [deg]C      +15 [deg]C
                                        than 27% in diluent type B.
                                                                                31A.....................            1250      +10 [deg]C      +15 [deg]C
                                       Di-(4-tert-butylcyclohexyl)              31HA1...................            1000      +30 [deg]C      +35 [deg]C
                                        peroxydicarbonate, not more than 42%,
                                        stable dispersion, in water.
                                       Dicetyl peroxydicarbonate, not more      31HA1...................            1000      +30 [deg]C      +35 [deg]C
                                        than 42%, stable dispersion, in water.
                                       Dicyclohexylperoxydicarbonate, not more  31A.....................            1250      +10 [deg]C      +15 [deg]C
                                        than 42% as a stable dispersion, in
                                        water.
                                       Di-(2-ethylhexyl) peroxydicarbonate,     31A.....................            1250      -20 [deg]C      -10 [deg]C
                                        not more than 62%, stable dispersion,
                                        in water.
                                       Diisobutyryl peroxide, not more than     31HA1...................            1000      -20 [deg]C      -10 [deg]C
                                        28% as a stable dispersion in water.
                                                                                31A.....................            1250      -20 [deg]C      -10 [deg]C
                                       Diisobutyryl peroxide, not more than     31HA1...................            1000      -25 [deg]C      -15 [deg]C
                                        42% as a stable dispersion in water.
                                                                                31A.....................            1250      -25 [deg]C      -15 [deg]C
                                       Dimyristyl peroxydicarbonate, not more   31HA1...................            1000      +15 [deg]C      +20 [deg]C
                                        than 42%, stable dispersion, in water.
                                       Di-(2-neodecanoylperoxyisopropyl)        31A.....................            1250      -15 [deg]C       -5 [deg]C
                                        benzene, not more than 42%, stable
                                        dispersion, in water.
                                       Di-(3,5,5-trimethylhexanoyl) peroxide,   31HA1...................            1000      +10 [deg]C      +15 [deg]C
                                        not more than 52% in diluent type A.
                                                                                31A.....................            1250      +10 [deg]C      +15 [deg]C
                                       Di-(3,5,5-trimethylhexanoyl) peroxide,   31A.....................            1250      +10 [deg]C      +15 [deg]C
                                        not more than 52%, stable dispersion,
                                        in water.
                                       3-Hydroxy-1,1-dimethylbutyl peroxy-      31A.....................            1250      -15 [deg]C       -5 [deg]C
                                        neodecanoate, not more than 52%,
                                        stable dispersion, in water.
                                       1,1,3,3-Tetramethylbutyl                 31A.....................            1250       -5 [deg]C       +5 [deg]C
                                        peroxyneodecanoate, not more than 52%,
                                        stable dispersion, in water.
                                                                                31HA1...................            1000       -5 [deg]C       +5 [deg]C
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec.  173.230  [Amended]

0
30. In Sec.  173.230, paragraph (f)(3), remove the duplicate ``to'' 
preceding ``IEC 62282 6-100''


Sec.  173.301b  [Amended]

0
31. In Sec.  173.301b, paragraph (d)(1), remove the period at the end 
of the sentence and add in its place a semi-colon.

PART 175--CARRIAGE BY AIRCRAFT

0
32. The authority citation for part 175 is revised to read as follows:

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.


0
33. In Sec.  175.10:
0
a. Paragraphs (a)(15)(v)(C) and (a)(19)(vii) and (viii) are revised.
0
b. Paragraph (a)(21), the fourth paragraph, the second designation (ii) 
is redesignated as (iii).
0
c. Paragraph (a)(24) is revised.
    The revisions read as follows:


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

    (a) * * *
    (15) * * *
    (v) * * *
    (C) Is removed and placed in a strong, rigid packaging marked with 
the words ``not restricted'' in accordance with paragraph (c)(2) of 
Sec.  172.102, Special provision 130, of this subchapter; or
* * * * *
    (19) * * *
    (vii) Each fuel cell and fuel cell cartridge must conform to IEC 
62282-6-100 and IEC 62282-6-100 Amend. 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

[[Page 65486]]

maximum quantity and type of fuel in the cartridge;
    (viii) Interaction between fuel cells and integrated batteries in a 
device must conform to IEC 62282-6-100 and IEC 62282-6-100 Amend. 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
* * * * *
    (24) Small cartridges fitted into devices with no more than four 
small cylinders of carbon dioxide or other suitable gas in Division 
2.2. The water capacity of each cylinder must not exceed 50 mL 
(equivalent to a 28 g carbon dioxide cartridge), with the approval of 
the operator.
* * * * *

0
34. Section 175.25 is revised to read as follows:


Sec.  175.25  Notification at air passenger facilities of hazardous 
materials restrictions.

    (a) Notices of requirements. Each person who engages in for-hire 
air transportation of passengers must display notices of the 
requirements applicable to the carriage of hazardous materials aboard 
aircraft, and the penalties for failure to comply with those 
requirements in accordance with this section. Each notice must be 
legible, and be prominently displayed so it can be seen by passengers 
in locations where the aircraft operator issues tickets, checks 
baggage, and maintains aircraft boarding areas. At a minimum, each 
notice must communicate the following information:
    (1) Federal law forbids the carriage of hazardous materials aboard 
aircraft in your luggage or on your person. A violation can result in 
five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 
5124). Hazardous materials include explosives, compressed gases, 
flammable liquids and solids, oxidizers, poisons, corrosives and 
radioactive materials. Examples: Paints, lighter fluid, fireworks, tear 
gases, oxygen bottles, and radio-pharmaceuticals.
    (2) There are special exceptions for small quantities (up to 70 
ounces total) of medicinal and toilet articles carried in your luggage 
and certain smoking materials carried on your person. For further 
information contact your airline representative.
    (b) Ticket purchase. During the ticket purchase process, regardless 
if the process is completed remotely (e.g., via the Internet or phone) 
or when completed at the airport, with or without assistance from 
another person (e.g., automated check-in facility), the aircraft 
operator must ensure that information on the types of hazardous 
materials a passenger is forbidden to transport aboard an aircraft is 
provided to passengers. Information may be in text or in pictorial form 
and, effective January 1, 2015, must be such that the final ticket 
purchase cannot be completed until the passenger or a person acting on 
the passenger's behalf has indicated that it understands the 
restrictions on hazardous materials in baggage.
    (c) Check-in. Effective January 1, 2015, when the flight check-in 
process is conducted remotely (e.g., via the Internet or phone) or when 
completed at the airport, without assistance from another person (e.g., 
automated check-in kiosk), the aircraft operator must ensure that 
information on the types of hazardous materials a passenger is 
forbidden to transport aboard an aircraft is provided to passengers. 
Information may be in text or in pictorial form and should be such that 
the check in process cannot be completed until the passenger or a 
person acting on the passenger's behalf has indicated that it 
understands the restrictions on hazardous materials in baggage.
    (d) Signage. When the check in process is not conducted remotely 
(e.g., at the airport with the assistance of an airline 
representative), passenger notification of permitted and forbidden 
hazardous materials may be completed through signage (electronic or 
otherwise), provided it is legible and prominently displayed.

0
35. In Sec.  175.75:
0
a. Paragraph (c) is revised.
0
b. Paragraph (e)(1) is revised.
0
c. In paragraph (f), in the QUANTITY AND LOADING TABLE, in Note 1, 
paragraphs b and d are revised and paragraph e is added.
    The revisions and addition read as follows:


Sec.  175.75  Quantity limitations and cargo location.

* * * * *
    (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, articles of Identification Numbers 
UN0012, UN0014, or UN0055 also meeting the requirements of Sec.  
173.63(b), and Limited or Excepted Quantity material.
* * * * *
    (e) * * *
    (1) Class 3, PG III (unless the substance is also labeled 
CORROSIVE), Class 6.1 (unless the substance is also labeled for any 
hazard class or division except FLAMMABLE LIQUID), Division 6.2, Class 
7 (unless the hazardous material meets the definition of another hazard 
class), Class 9, articles of Identification Numbers UN0012, UN0014, or 
UN0055 also meeting the requirements of Sec.  173.63(b), and those 
marked as a Limited Quantity or Excepted Quantity material.
* * * * *
    (f) * * *

    Note 1:  * * *

    b. Division 6.1 (unless the substance is also labeled for any 
hazard class or division except FLAMMABLE LIQUID)
* * * * *
    d. Class 9, Limited Quantity or Excepted Quantity material.
    e. Articles of Identification Numbers UN0012, UN0014, or UN0055 
also meeting the requirements of Sec.  173.63(b).
* * * * *

PART 176--CARRIAGE BY VESSEL

0
36. The authority citation for part 176 is revised to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.


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


Sec.  176.905  Stowage of motor vehicles or mechanical equipment.

* * * * *
    (i) Exceptions--A vehicle or mechanical equipment is excepted from 
the requirements of this subchapter if any of the following are met:
    (1) The vehicle or mechanical equipment has an internal combustion 
engine using liquid fuel that has a flashpoint less than 38 [deg]C 
(100[emsp14][deg]F), the fuel tank is empty, and the engine is run 
until it stalls for lack of fuel;
    (2) The vehicle or mechanical equipment has an internal combustion 
engine using liquid fuel that has a flashpoint of 38 [deg]C (100 
[deg]F) or higher, the fuel tank contains 418 L (110 gallons) of fuel 
or less, and there are no fuel leaks in any portion of the fuel system;
    (3) The vehicle or mechanical equipment is stowed in a hold or 
compartment designated by the administration of the country in which 
the vessel is registered as specially designed and approved for 
vehicles and mechanical equipment and there are no

[[Page 65487]]

signs of leakage from the battery, engine, fuel cell, compressed gas 
cylinder or accumulator, or fuel tank, as appropriate. For vehicles 
with batteries connected and fuel tanks containing gasoline transported 
by U.S. vessels, see 46 CFR 70.10-1 and 90.10-38;
    (4) The vehicle or mechanical equipment is electrically powered 
solely by wet electric storage batteries (including nonspillable 
batteries) or sodium batteries; or
    (5) The vehicle or mechanical equipment is equipped with liquefied 
petroleum gas or other compressed gas fuel tanks, the tanks are 
completely emptied of liquefied or compressed gas and the positive 
pressure in the tank does not exceed 2 bar (29 psig), the line from the 
fuel tank to the regulator and the regulator itself is drained of all 
traces of liquefied or compressed gas, and the fuel shut-off valve is 
closed.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

     Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
39. In Sec.  178.601, paragraphs (l) introductory text, (l)(1), and 
(l)(2) introductory text are revised to read as follows:


Sec.  178.601  General requirements.

* * * * *
    (l) Record retention. Following each design qualification test and 
each periodic retest on a packaging, a test report must be prepared.
    (1) The test report must be maintained at each location where the 
packaging is manufactured, certified, and a design qualification test 
or periodic retest is conducted as follows:

------------------------------------------------------------------------
           Responsible party                         Duration
------------------------------------------------------------------------
Person manufacturing the packaging.....  As long as manufactured and two
                                          years thereafter.
Person performing design testing.......  Design test maintained for a
                                          single or composite packaging
                                          for six years after the test
                                          is successfully performed and
                                          for a combination packaging or
                                          packaging intended for
                                          infectious substances for
                                          seven years after the test is
                                          successfully performed.
Person performing periodic retesting...  Performance test maintained for
                                          a single or composite
                                          packaging for one year after
                                          the test is successfully
                                          performed and for a
                                          combination packaging or
                                          packaging intended for
                                          infectious substances for two
                                          years after the test is
                                          successfully performed.
------------------------------------------------------------------------

    (2) The test report must be made available to a user of a packaging 
or a representative of the Department upon request. The test report, at 
a minimum, must contain the following information:
* * * * *

0
40. In Sec.  178.801, paragraph (l) is revised to read as follows:


Sec.  178.801  General requirements.

* * * * *
    (l) Record retention. Following each design qualification test and 
each periodic retest on an IBC, a test report must be prepared.
    (1) The test report must be maintained at each location where the 
packaging is manufactured, certified, and a design qualification test 
or periodic retest is conducted as follows:

------------------------------------------------------------------------
           Responsible party                         Duration
------------------------------------------------------------------------
Person manufacturing the packaging.....  As long as manufactured and two
                                          years thereafter.
Person performing design testing.......  Design test maintained for a
                                          single or composite packaging
                                          for six years after the test
                                          is successfully performed and
                                          for a combination packaging or
                                          packaging intended for
                                          infectious substances for
                                          seven years after the test is
                                          successfully performed.
Person performing periodic retesting...  Performance test maintained for
                                          a single or composite
                                          packaging for one year after
                                          the test is successfully
                                          performed and for a
                                          combination packaging or
                                          packaging intended for
                                          infectious substances for two
                                          years after the test is
                                          successfully performed.
------------------------------------------------------------------------

    (2) The test report must be made available to a user of a packaging 
or a representative of the Department upon request. The test report, at 
a minimum, must contain the following information:
    (i) Name and address of test facility;
    (ii) Name and address of the person certifying the IBC;
    (iii) A unique test report identification;
    (iv) Date of test report;
    (v) Manufacturer of the IBC;
    (vi) Description of the IBC design type (e.g., dimensions, 
materials, closures, thickness, representative service equipment, 
etc.);
    (viii) Maximum IBC capacity;
    (ix) Characteristics of test contents;
    (x) Test descriptions and results (including drop heights, 
hydrostatic pressures, tear propagation length, etc.); and
    (xi) The signature of the person conducting the test, and name of 
the person responsible for testing.

0
41. In Sec.  178.955, paragraph (i) introductory text, (i)(1), and 
(i)(2) introductory text are revised to read as follows:


Sec.  178.955  General Requirements.

* * * * *
    (i) Record retention. Following each design qualification test and 
each periodic retest on a Large Packaging, a test report must be 
prepared.
    (1) The test report must be maintained at each location where the 
packaging is manufactured, certified, and a design qualification test 
or periodic retest is conducted as follows:

------------------------------------------------------------------------
           Responsible party                         Duration
------------------------------------------------------------------------
Person manufacturing the packaging.....  As long as manufactured and two
                                          years thereafter.

[[Page 65488]]

 
Person performing design testing.......  Design test maintained for a
                                          single or composite packaging
                                          for six years after the test
                                          is successfully performed and
                                          for a combination packaging or
                                          packaging intended for
                                          infectious substances for
                                          seven years after the test is
                                          successfully performed.
Person performing periodic retesting...  Performance test maintained for
                                          a single or composite
                                          packaging for one year after
                                          the test is successfully
                                          performed and for a
                                          combination packaging or
                                          packaging intended for
                                          infectious substances for two
                                          years after the test is
                                          successfully performed.
------------------------------------------------------------------------

    (2) The test report must be made available to a user of a Large 
Packaging or a representative of the Department of Transportation upon 
request. The test report, at a minimum, must contain the following 
information:
* * * * *

    Issued in Washington, DC, on October 17, 2013 under authority 
delegated in 49 CFR part 1.97.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2013-24714 Filed 10-30-13; 8:45 am]
BILLING CODE 4910-60-P


