
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Rules and Regulations]
[Pages 72914-72929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29683]



[[Page 72914]]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, 177, 178 and 180

[Docket No. PHMSA-2015-0103 (HM-260)]
RIN 2137-AF11


Hazardous Materials: Editorial Corrections and Clarifications 
(RRR)

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

ACTION: Final rule.

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SUMMARY: This final rule corrects editorial errors, makes minor 
regulatory changes and, in response to requests for clarification, 
improves the clarity of certain provisions in the Hazardous Materials 
Regulations. 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.

DATES: This regulation is effective December 23, 2015.

FOR FURTHER INFORMATION CONTACT: Aaron Wiener, Standards and Rulemaking 
Division, (202) 366-8553, Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., 2nd Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Section-by-Section Review
III. 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. Executive Order 13563 Improving Regulation and Regulatory 
Review
    G. Paperwork Reduction Act
    H. Regulatory Identifier Number (RIN)
    I. Unfunded Mandates Reform Act
    J. Environmental Assessment
    K. Privacy Act

I. Background

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 
171-180) to identify typographical errors, outdated addresses or other 
contact information, and similar errors. In this final rule, we are 
correcting typographical errors, incorrect references to the Code of 
Federal Regulations (CFR) and international standards citations, 
inconsistent use of terminology, misstatements of certain regulatory 
requirements, and inadvertent omissions of information, and making 
revisions to clarify the regulations. Of the corrections and 
clarifications made in this final rule, a significant number originate 
from three recent final rules under the following dockets: PHMSA-2009-
0063 (HM-250) [79 FR 40590]; PHMSA-2009-0095 (HM-224F)] [79 FR 46012]; 
and PHMSA-2013-0260 (HM-215M) [80 FR 1075]. Because these amendments do 
not impose new requirements, notice and public comment are unnecessary.

II. Section-by-Section Review

    The following is a section-by-section summary of the minor 
editorial corrections and clarifications made in this final rule.

Part 171

Section 171.22

    This section prescribes the authorization and conditions for use of 
international standards and regulations. The wording at the end of 
paragraph (f)(4) applicable to shipping paper retention, states ``Sec.  
172.201(e) of this part'', which incorrectly assigns it to 49 CFR part 
171. As Sec.  172.201(e), is not in part 171, in this final rule, the 
text is revised to read ``Sec.  172.201(e) of this subchapter.''

Section 171.23

    Section 171.23 prescribes requirements for specific materials and 
packagings transported under various international standards. Paragraph 
(a)(4)(ii) contains a grammatical error stating the word ``drive'' 
instead of ``device.'' In this final rule, we are correcting this 
grammatical error.
    Additionally, the text in the middle of paragraph (a)(5), 
applicable to cylinders not equipped with pressure relief devices, 
states the cylinders must be ``tested and marked in accordance with 
part 178 of this subchapter and otherwise conforms to the requirements 
of part 173 for the gas involved'', but does not reference that part 
173 belongs to subchapter C. In this final rule, we are revising (a)(5) 
to make this clarification.

Section 171.24

    Section 171.24 provides additional requirements for the use of the 
International Civil Aviation Organization's Technical Instructions 
(ICAO TI) for the Safe Transport of Dangerous Goods by Air. The text at 
the end of paragraph (c), applicable to transportation by highway prior 
to or after transportation by aircraft, states a ``motor vehicle must 
be placarded in accordance with subpart F of part 172'', but does not 
reference that part 172 belongs to Subchapter C. In this final rule, we 
are revising paragraph (c) to make this clarification.

Part 172

Section 172.101

    This section prescribes the purpose and instructions for use of the 
Sec.  172.102 Hazardous Materials Table (HMT). We are making a number 
of editorial corrections to several entries in the HMT. The editorial 
corrections are as follows:
     In a final rule published under Docket Number PHMSA-2012-
0080 (HM-244E) [77 FR 60935], the entry for ``Aminophenols (o-; m-; p-
), UN2512'' was amended to correct a publication error in Column (2). 
In making the correction, the text in Columns (3) through (10B) was 
inadvertently removed and left blank. This final rule corrects that 
error by reinstating the text in Columns (3) through (10B) for UN2512 
as it read on prior to the HM-244E rulemaking October 5, 2012.

Amendments to Column (1) Symbols

     For the entry ``Environmentally hazardous substances, 
solid, n.o.s, UN3077,'' the symbol ``G'' is added to Column (1) as it 
was inadvertently removed when the entry was amended in a final rule 
published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033].
     For the entry ``Self-heating solid, organic, n.o.s, 
UN3088,'' the symbol ``G'' is added to Column (1) as it was 
inadvertently removed when the entry was amended in a final rule 
published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033].

Amendments to Column (2) Hazardous Materials Descriptions and Proper 
Shipping Names

     For the entry ``N-Aminoethyl piperazine, UN2815,'' the 
space between ``N-Aminoethyl'' and ``piperazine'' is removed to read 
``N-Aminoethylpiperazine'' as the space was inadvertently introduced in 
the HM-215M final rule.

[[Page 72915]]

     For the entry ``Ammonia solutions, relative density less 
than 0.880 at 15 degrees C in water, with more than 35 percent but not 
more than 50 percent ammonia, UN2073,'' the plural ``solutions'' is 
revised to read ``solution'' consistent with the International Maritime 
Dangerous Goods (IMDG) Code, the ICAO TI, the United Nations 
Recommendations on the Transport of Dangerous Goods (UN Model 
Regulations).
     For the entry ``Ammonia solutions, relative density 
between 0.880 and 0.957 at 15 degrees C in water, with more than 10 
percent but not more than 35 percent ammonia, UN2672,'' the plural 
``solutions'' is revised to read ``solution'' as it was inadvertently 
changed when the entry was amended in a final rule published under 
Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 15033].
     For the entry ``Batteries, dry, containing potassium 
hydroxide solid, electric storage, UN3028,'' the phrase ``electric 
storage'' was inadvertently changed from italicized to non-italicized 
text in the HM-215M final rule. In this final rule, the italicized text 
is reinstated.
     For the entry ``Environmentally hazardous substances, 
solid, n.o.s, UN3077,'' the plural ``substances'' is revised to read 
``substance'' as it was inadvertently changed when the entry was 
amended in a final rule published under Docket Number PHMSA 2011-0158 
(HM-233C) [79 FR 15033].
     For the entry ``Paint, corrosive, flammable (including 
paint, lacquer, enamel, stain, shellac solutions, varnish, polish, 
liquid filler, and liquid lacquer base), UN3470,'' the word 
``solutions'' was inadvertently added to the italicized text in the HM-
215M final rule. In this final rule, the word ``solutions'' is removed.
     For the entry ``Printing ink, flammable or Printing ink 
related material (including printing ink thinning or reducing 
compound), flammable, UN1210,'' the first instance of the word 
``flammable'' was inadvertently changed from italicized to non-
italicized text in the HM-215M final rule. In this final rule, the 
italicized text is reinstated.
     For the entry ``Trinitrobenzene, wetted with not less than 
30 percent water, by mass, UN1354,'' the word ``wetted'' was 
inadvertently changed from non-italicized to italicized text in the HM-
215M final rule. In this final rule, the non-italicized text is 
reinstated.

Amendments to Column (5) Packing Group

     For the entry ``Cells, containing sodium, UN3292,'' the 
Packing Group in Column (5) is removed for consistency with 
``Batteries, containing sodium, UN3292,'' as amended in the HM-215M 
final rule.
     In a final rule published under Docket Number PHMSA-2013-
0041 (HM-215K, HM-215L, HM-218G and HM-219) [77 FR 65453], PHMSA 
revised the HMT entry ``Petroleum sour crude oil, flammable, toxic, 
UN3494,'' that had been erroneously placed between the Packing Group II 
and III petroleum oil entries under NA1270. In making the correction, 
the Packing Group II and III entries for UN3494 were inadvertently 
omitted. This final rule corrects that error by reinstating the Packing 
Group II and III entries for UN3494.

Amendments to Column (6) Label Codes

     For ``Organometallic substance, liquid, water-reactive, 
UN3398,'' the Class 3 subsidiary hazard code is removed from the 
Packing Group II and III entries. These subsidiary hazard codes were 
inadvertently added when the entries were revised in the HM-215 final 
rule.

Amendments to Column (7) Special Provisions

     For the entry ``Combustible liquid, n.o.s., NA1993,'' 
special provision T4 is removed. Special Provisions T1 and T4 are both 
currently assigned to this entry; however, only one portable tank code 
should be listed as both cannot be used when building and constructing 
a portable tank. Special provision T1 is listed correctly. Special 
provision T4 was inadvertently added when amending the entry in a final 
rule published under Docket Number RSPA-2000-7702 (HM-215D) [66 FR 
33316].
     For the entries ``Lithium ion batteries including lithium 
ion polymer batteries, UN3480'' and ``Lithium metal batteries including 
lithium alloy batteries, UN3090,'' special provision A54 is added in 
Column (7). Special provision A54 was inadvertently removed when these 
entries were revised in the HM-215M final rule.

Amendments to Column (8B) Non-Bulk Packaging Authorizations

     For the entry ``Self-heating solid, organic, n.o.s, 
UN3088, PG III,'' the packaging authorization is revised to read 
``213'' as it was inadvertently changed when the entry was amended in a 
final rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 
FR 15033].

Amendments to Column (9) Quantity Limitations

     For the entry ``Self-heating solid, organic, n.o.s, 
UN3088, PG III,'' the Quantity Limitation in Column (9A) is revised to 
read ``25 kg'' as it was inadvertently changed when the entry was 
amended in a final rule published under Docket Number PHMSA 2011-0158 
(HM-233C) [79 FR 15033].
     For the entry ``Self-heating solid, organic, n.o.s, 
UN3088, PG III,'' the Quantity Limitation in Column (9B) is revised to 
read ``100 kg'' as it was inadvertently changed when the entry was 
amended in a final rule published under Docket Number PHMSA 2011-0158 
(HM-233C) [79 FR 15033].
     For the entry ``Self-reactive solid type B, UN3222,'' the 
Quantity Limitation in Columns (9A) and (9B) are revised to read 
``Forbidden.'' When this entry was revised in a final rule published 
under Docket Number PHMSA 2011-0142 (HM-219) [78 FR 14702], Columns 
(9A) and (9B) were inadvertently revised from ``Forbidden'' to ``(1)'' 
and ``(2)'' respectively. This entry was subsequently revised in a 
Federal Register correction document (78 FR 17874), but due to a 
publication error it was not transitioned into the printed or 
electronic versions of the CFR. In this rulemaking, PHMSA is 
reinstating the correct quantity limitation notation of ``Forbidden'' 
in Columns (9A) and (9B) for this entry.

Amendments to Column (10) Vessel Stowage Requirements

     Two entries exist for ``Trinitrobenzene, dry or wetted 
with less than 30 percent water, by mass, UN0214.'' One entry indicates 
``4'' in Column (10A) and the other ``04''. In this final rule both 
entries are removed and the correct entry with ``04'' in Column (10A) 
is re-added.
     For the PG III entry for ``Oxidizing solid, corrosive, 
n.o.s, UN3085,'' the Vessel Stowage in Column (10B) is corrected from 
``F56'' to read ``56'' as the ``F'' was inadvertently added when the 
entry was revised in the HM-215M final rule.

Section 172.102

    Section 172.102 lists special provisions applicable to the 
transportation of specific hazardous materials. Special provisions 
contain packaging requirements, prohibitions, and exceptions applicable 
to particular quantities or forms of hazardous materials. In a final 
rule published under Docket Number PHMSA 2011-0158 (HM-233C) [79 FR 
15033], PHMSA incorporated DOT-SP 12825 to

[[Page 72916]]

the entry in the HMT for ``UN2990, Life-saving appliances, self-
inflating,'' by adding a new special provision 338 in Column 7. The 
special permit was limited only to transport by motor vehicle; however, 
the special provision was added without the modal limitation. 
Therefore, in this final rule, PHMSA is revising special provision 338 
to clarify applicability to motor vehicle only.
    In the HM-250 final rule, the paragraphs contained in Sec.  173.421 
were renumbered. The HM-215M rulemaking subsequently added special 
provision 369, but did not incorporate the paragraph renumbering of 
Sec.  173.421. In this final rule, PHMSA is revising special provision 
369 to reflect the appropriate paragraphs of Sec.  173.421 along with 
some grammatical revisions.

Section 172.202

    Section 172.202 establishes requirements for shipping descriptions 
on shipping papers. In paragraph (d), the example for a technical name 
in association with the basic description is in a sequence that is no 
longer authorized under the HMR. In this final rule, the sequence is 
revised by placing the identification number at the beginning of the 
sequence.

Section 172.203

    Section 172.203 prescribes additional shipping paper requirements 
for ``n.o.s.'' and generic shipping descriptions. The example in 
paragraph (k)(1) for ``UN2924'' is missing the Class 8 subsidiary risk. 
In this final rule, the subsidiary risk is added to the example.

Section 172.502

    Section 172.502 specifies prohibited and permissive placarding 
requirements. In this final rule, paragraph (b)(3), applicable to use 
of a safety sign or safety slogan (e.g., ``Drive Safely'' or ``Drive 
Carefully''), is removed as the transitional provision is expired.

Section 172.704

    Section 172.704 specifies the requirements for hazardous materials 
training. In this final rule, the expired transitional provision in 
paragraph (e)(2), applicable to training for railway employees, is 
removed.

Part 173

Section 173.4

    This section provides requirements for shipments of small 
quantities by highway and rail. In the HM-250 final rule, the 
paragraphs contained in Sec.  173.421 were renumbered. Multiple 
sections referencing the previous paragraph numbering of Sec.  173.421 
were not amended in the HM-250 rulemaking. In this final rule, PHMSA is 
revising paragraph (b) to reflect the appropriate paragraphs of Sec.  
173.421.

Section 173.8

    This section provides exceptions for non-specification packagings 
used in intrastate transportation. Paragraph (a) of Sec.  173.8, 
authorizes transport of non-specification bulk packaging by an 
intrastate motor carrier until July 1, 2000. In this final rule, we are 
removing and reserving paragraph (a) as this transition date has 
expired.

Section 173.25

    This section provides requirements for packages utilizing 
overpacks. In the HM-250 final rule, paragraph (a)(4) was revised to 
require the ``OVERPACK'' marking for Class 7 (radioactive) material 
when a Type A, Type B(U), Type B(M) or industrial package is required. 
Paragraph (a)(4) was subsequently revised in the HM-215M final rule by 
specifying the minimum size requirement for the ``OVERPACK'' marking. 
In making the HM-215M revision the requirement added in the HM-250 
final rule was inadvertently omitted. We are revising paragraph (a)(4) 
to include the requirements added in both the HM-250 and HM-215 final 
rules.

Section 173.127

    Section 173.127 provides a definition and criteria for the 
assignment of packing groups for Division 5.1 oxidizers. In the HM-215M 
final rule, PHMSA authorized an alternative test for assigning packing 
groups to Division 5.1 oxidizing solids. Due to an incorrect regulatory 
instruction, the paragraph (b)(2) was inadvertently removed. In this 
final rule, PHMSA is reinstating the paragraph (b)(2) text.

Section 173.156

    Section 173.156 prescribes exceptions for limited quantity and ORM 
material. In a final rule published under Docket Number PHMSA-2013-0041 
(HM-215K, HM-215L, HM-218G and HM-219) [78 FR 65454], paragraph 
(b)(2)(vi) was removed which was the last paragraph in the section. As 
a result, the preceding paragraph (b)(2)(v) became the last paragraph 
in the section and presently ends with ``; and'' instead of a period. 
In this rule, we are replacing ``and'' at the end of paragraph 
(b)(2)(v) with a period and adding ``and'' to the end of paragraph 
(b)(2)(iv).

Section 173.185

    Section 173.185 sets forth packaging requirements and certain 
conditional exceptions for the transport of lithium batteries. The HM-
224F final rule revised this section in its entirety. This final rule 
makes thirteen editorial corrections and clarifications to Sec.  
173.185 as follows:
    1. Paragraph (b)(4)(i) is revised to clarify that the outer 
packaging requirement only applies to lithium cells or batteries 
contained in equipment when an outer packaging is used.
    2. In paragraph (b)(4)(iii) applicable to spare lithium cells or 
batteries packed with equipment the word ``ion'' is removed to clarify 
that this requirement applies not only to lithium ion cells and 
batteries, but also to lithium metal cells and batteries. This 
editorial revision clarifies the intent discussed in the HM-224 final 
rule preamble on 79 FR 46019 (third column).
    3. In paragraph (b)(5), the reference to (b)(4) is replaced with 
(b)(3)(iii) as (b)(4) does not contain UN performance packaging 
requirements.
    4. Paragraph (c) is revised to clarify that the UN performance 
packaging requirements in both paragraphs (b)(3)(ii) and (b)(3)(iii) do 
not apply to any packages containing smaller lithium cells and 
batteries meeting the conditions of paragraph (c) including packages 
that contain lithium metal cells and batteries packed with, or 
contained in equipment. Previous to the revision in this final rule, 
paragraph (c) excepted smaller lithium cells and batteries from the UN 
performance packaging requirements in paragraphs (b)(3)(ii) and (b)(4) 
of this section. While the original intent was to except all smaller 
lithium cells and batteries from the UN performance packaging, a 
potential conflict was identified with regard to smaller lithium cells 
and batteries packed with equipment because the requirements in 
(b)(3)(iii)(A) and (B) indicate that such batteries must meet the 
Packing Group II performance requirements as specified in paragraph 
(b)(3)(ii). Because the requirements of (b)(3)(iii) were not 
specifically excepted in paragraph (c), this caused confusion leading 
some offerors and carriers to inquire if smaller lithium cells and 
batteries packed with equipment are subject to the UN performance 
packaging requirements. As a result, in this final rule, we are 
revising paragraph (c) to clarify smaller lithium cells and batteries 
are excepted from the entirety of UN performance packaging requirements 
in paragraphs (b)(3)(ii) and (b)(3)(iii) while also

[[Page 72917]]

removing the reference to (b)(4) because it does not contain UN 
performance packaging requirements.
    5. In paragraph (c)(1)(v) applicable to markings for lithium metal 
batteries, incorrect references to paragraphs (c)(1)(ii) and 
(c)(1)(iii) are replaced with correct references to paragraphs 
(c)(1)(iii) and (c)(1)(iv).
    6. Paragraph (c)(2) is revised to clarify that for lithium 
batteries packed with equipment, either the package containing the 
batteries may be individually drop tested, or the completed package 
containing both the batteries and equipment may be subjected to the 1.2 
meter drop test. This is consistent with intent of the HM-224F final 
rule to align the provisions of the HMR with the provisions prescribed 
in Packing Instruction(s) 966 and 969 of the 2013-2014 edition of the 
ICAO TI.
    7. Paragraph (c)(3) is revised to eliminate redundant requirements 
for air transportation by moving marking requirements from paragraph 
(c)(4)(i) to paragraph (c)(3). This revision clarifies that all four of 
the documentation requirements in (c)(3)(ii)(A)-(D) [now 
(c)(3)(iii)(A)-(D)] are applicable to air shipments. This revision also 
clarifies that for air transport both the markings prescribed in 
(c)(3)(i)(A)-(D) and the air handling mark are not required. Paragraph 
(c)(3)(i) is revised to clarify that the marking requirements 
prescribed in (c)(3)(i)(A)-(D) are applicable for transport by highway, 
rail, and vessel and may be alternatively satisfied by use of the air 
handling mark. In addition, by consolidating the small battery hazard 
communication requirements in paragraph (c)(3), it is clarified that 
the handling marking is not required for a package containing button 
cell batteries installed in equipment (including circuit boards), or no 
more than four lithium cells or two lithium batteries installed in the 
equipment. Although this particular exception is unchanged in paragraph 
(c)(3), there was some confusion on the part of shippers and carriers 
as to whether the exception was also intended to apply to air shipments 
as there was previously no clear exception from the requirement in 
paragraph (c)(4) to apply the air handling mark for batteries installed 
in equipment.
    8. As required by the previous paragraph (c)(4)(i)(C) [now 
(c)(3)(ii)(C)], the asterisk on the air handling mark must be replaced 
with the phrase ``lithium ion battery'' and/or ``Lithium metal 
battery.'' Consistent with the ICAO TI, there is no requirement in the 
previous paragraph (c)(4)(i)(C) [now (c)(3)(ii)(C)], to indicate that 
the word ``cell'' is marked on a package containing lithium ``cells,'' 
meaning that word ``battery'' is used to describe packages containing 
both lithium cells and batteries. This differs from (c)(3)(i)(A), which 
requires an indication that the package contains ``lithium metal'' or 
``lithium ion'' cells or batteries, as appropriate. As discussed in the 
HM-224F preamble (79 FR 46022, third column) we stated the lithium-
battery handling label that is required for air transport may be used 
by all modes provided it conveys the information required by the HMR. 
The present air transportation requirements for the lithium battery 
handling marking in both the HMR and the ICAO only require use of the 
word ``battery'' (even for packages containing cells). Therefore a 
``lithium battery handling marking'' that would be compliant when 
transporting lithium cells by air would not satisfy the hazard 
communication requirement for other modes that require an indication 
the package contains ``cells''. As a result, we are revising 
(c)(3)(i)(A) to clarify that the word ``battery'' may be used to 
satisfy the marking requirements of packages containing ``cells.''
    9. Paragraph (c)(3)(i)(A) applicable to marking requirements for 
excepted lithium batteries is revised to clarify that a package must be 
marked with an indication that it contains ``lithium metal'' and/or 
``lithium ion'' batteries and is not limited to one or the other type 
and for consistency with (c)(4)(i)(C) [now (c)(3)(ii)(C)], which 
contains the text ``and/or.''
    10. Paragraph (c)(4)(ii) [now (c)(4)(iii)] is revised by removing 
the redundant documentation requirements already required in paragraph 
(c)(3).
    11. Paragraph (c)(4)(v) [now (c)(4)(vi)], is revised to clarify 
that it does not apply to lithium cells or batteries packed with or 
contained in equipment. When transported by air, for small lithium 
cells or batteries packed with or contained in equipment, the quantity 
limitations are prescribed in (c)(4)(iii) [now (c)(4)(iv].
    12. In paragraph (e)(3), the reference to (b)(4) is replaced with 
(b)(3)(iii) as (b)(4) does not contain UN performance packaging 
requirements.
    13. Paragraph (f)(3)(iii) is revised by removing the word ``large'' 
from the phrase ``single large battery'' as the term ``large'' refers 
to the package, not the battery.

Section 173.199

    This section prescribes the packaging requirements and exceptions 
for Category B infectious substances. In the HM-215M final rule, 
paragraph (a)(5) was revised for consistency with the UN Model 
Regulations. In making the revision, the square-on-point marking 
graphic ``UN3373'' was inadvertently removed. In this final rule, the 
graphic is reinstated in paragraph (a)(5).

Section 173.302

    This section specifies requirements for the filling of cylinders 
with non-liquefied (permanent) compressed gases. In the HM-215M final 
rule, PHMSA adopted the provisions in UN Model Regulations for the 
transportation of adsorbed gases in cylinders. PHMSA amended the title 
of this section and paragraph (a) to include and specify requirements 
for the transportation of adsorbed gases. Due to a regulatory 
instruction error, the revisions to paragraph (a) were not included in 
the CFR. In this final rule, PHMSA is adding the revisions to paragraph 
(a) as intended in the HM-215M final rule as published in 80 FR 1161, 
instruction number 48.

Section 173.309

    Section 173.309 prescribes requirements for fire extinguishers. In 
the HM-215M final rule, provisions for transporting large fire 
extinguishers unpackaged were added in a new paragraph (e). Paragraph 
(e)(2) requires that the valves must be protected in accordance with 
Sec.  173.301(c)(2)(i), (ii), (iii) or (v). The references to Sec.  
173.301(c) are incorrect as the applicable requirements are located in 
Sec.  173.301b(c). In this final rule, PHMSA is revising paragraph 
(e)(2) to correctly reference Sec.  173.301b(c)(2)(i), (ii), (iii) or 
(v).

Section 173.314

    This section prescribes requirements for transporting compressed 
gases in tank cars and multi-unit tank cars. In paragraph (k)(2), the 
basic description for chlorine is in a sequence that is no longer 
authorized under the HMR. In this final rule, the sequence is revised 
by placing the identification number at the beginning of the sequence.

Section 173.334

    Section 173.334 prescribes packaging and filling requirements for 
organic phosphates mixed with compressed gas. In paragraph (b), the 
word ``education'' is replaced with the word ``eduction,'' as 
originally intended.

Section 173.417

    Section 173.417 discusses authorized fissile materials packages. 
The HM-250 final rule removed paragraph (b)(3) leaving the preceding 
paragraph (b)(2)

[[Page 72918]]

ending with ``; or''. In this final rule, ``;or'' is replaced with a 
period (``.'').

Section 173.420

    Section 173.420 prescribes the transport conditions for uranium 
hexafluoride. The HM-250 final rule removed and reserved paragraph 
(a)(2)(ii) which ended in ``; or''. In this rule, the word ``or'' is 
added to the end of the preceding paragraph (a)(2)(i). In addition, in 
this rule, paragraph (d)(2) is amended to correct an error made in HM-
215M by replacing references to Sec. Sec.  173.421(a)(1) and (a)(4) 
with Sec. Sec.  173.421(a) and (d).

Section 173.422

    Section 173.422 prescribes additional requirements for excepted 
packages containing Class 7 (radioactive) materials. Paragraph (c) 
requires the reporting of decontamination in accordance with Sec. Sec.  
174.750, 175.700(b), or 176.710 dependent on the mode of 
transportation. In a final rule published under Docket Number RSPA-02-
11654 (HM-228) [71 FR 14586], the reporting requirements in Sec.  
175.700(b) were moved to Sec.  175.705. In this final rule, PHMSA is 
revising paragraph (c) by replacing the reference to Sec.  175.700(b) 
with Sec.  175.705.

Section 173.423

    Section 173.423 prescribes requirements for multiple hazard limited 
quantity Class 7 materials. In the HM-250 final rule, the paragraphs 
contained in Sec.  173.421 were renumbered. Multiple sections 
referencing the previous paragraph numbering of Sec.  173.421 were not 
amended in the HM-250 rulemaking. In this final rule, PHMSA is revising 
paragraph (a)(2) to reflect the appropriate paragraphs of Sec.  
173.421.

Section 173.426

    Section 173.426 prescribes requirements for excepted packages for 
articles containing natural uranium or thorium. In the HM-250 final 
rule, the paragraphs contained in Sec.  173.421 were renumbered. 
Multiple sections referencing the previous paragraph numbering of Sec.  
173.421 were not amended in the HM-250 rulemaking. In this final rule, 
PHMSA is revising paragraph (c) to reflect the appropriate paragraphs 
of Sec.  173.421.

Section 173.428

    This section provides transport requirements for empty Class 7 
(radioactive) materials packaging. In the HM-250 final rule, the 
paragraphs contained in Sec.  173.421 were renumbered. Multiple 
sections referencing the previous paragraph numbering of Sec.  173.421 
were not amended in the HM-250 rulemaking. In this final rule, PHMSA is 
revising paragraph (a) to reflect the appropriate paragraphs of Sec.  
173.421.

Section 173.436

    This section contains exempt material activity concentrations and 
exempt consignment activity limits for radionuclides. In the HM-250 
final rule, footnote b, which provides a list of parent nuclides and 
their progeny listed in secular equilibrium was amended. For the entry 
``RA-226,'' Bi-214 was listed twice. In this final rule, PHMSA is 
removing the duplicate progeny entry of Bi-214 from footnote b.

Part 175

Section 175.10

    Section 175.10 specifies the conditions for which passengers, crew 
members, or an operator may carry hazardous materials aboard a 
passenger aircraft. In the HM-224F final rule, Watt-hours were adopted 
in place of ``equivalent lithium content,'' as the measure of power (or 
size) of a lithium ion cell or battery (see 79 FR 46012 and 46015). In 
paragraph (a)(17)(v), applicable to wheelchairs or other mobility aids 
powered by lithium ion batteries the phrase ``equivalent lithium 
content'' was inadvertently retained. We are revising Sec.  
175.10(a)(17)(v)(D) and (E) by replacing references to equivalent 
lithium content with Watt-hours. The revision states that the battery 
must not exceed 300 Watt-hours and that a maximum of one spare battery 
not exceeding 300 Watt-hours or two spares not exceeding 160 Watt-hours 
each may be carried.

Part 176

Section 176.104

    Section 176.104 prescribes requirements for loading and unloading 
Class 1 materials. Paragraph (c)(3) contains a grammatical error 
stating the word ``hoods'' instead of ``hooks.'' In this final rule, we 
are correcting this grammatical error.

Section 176.116

    Section 176.116 prescribes the general stowage conditions for Class 
1 explosive materials. Paragraph (e)(3) contains a reference to the 
Class A60 standard that is defined in 46 CFR 72.05-10(a)(1). However, 
46 CFR 72.05-10(a)(1) does not exist and, therefore, does not provide 
the definition for the Class A60 standard. In this final rule, the 
citation is corrected to read 46 CFR 72.05-10(c)(1).

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 the HM-215M 
final rule, PHMSA aligned the conditions for exception from the 
subchapter in paragraph (i) with those recently adopted by the IMO. Due 
to an incorrect regulatory instruction, the paragraph (i) introductory 
text was inadvertently removed. In this final rule, PHMSA is 
reinstating the paragraph (i) introductory text.

Part 177

Section 177.838

    Section 177.838 prescribes specific loading and unloading 
requirements for Class 4 (flammable solid) materials, Class 5 
(oxidizing) materials, and Division 4.2 (pyrophoric liquid) materials 
when carried by public highway. In this final rule, PHMSA is revising 
the section heading by replacing the word ``pyroforic'' with the 
correct spelling ``pyrophoric.'' In addition, paragraph (g) of Sec.  
177.838 is revised to clarify that the limitation that a motor vehicle 
may only contain 45.4 kg (100 pounds) or less net mass of material 
described as ``Smokeless powder for small arms, Division 4.1'' also 
includes ``Black powder for small arms, Division 4.1''. This 
clarification will provide consistency with the requirements and 
limitations of Sec. Sec.  173.170 and 173.171 which respectively 
authorize Black powder for small arms that has been classed in Division 
1.1 and Smokeless powder for small arms that has been classed as 
Division 1.3 or Division 1.4 to be reclassed as a Division 4.1 material 
for domestic transportation by highway, provided certain conditions are 
met. Sections 173.170 and 173.171 further provide, respectively, that 
the total quantity of the re-classed black powder or smokeless powder 
in one motor vehicle may not exceed 45.4 kg (100 pounds) net mass.

Part 178

Section 178.71

    Section 178.71 prescribes specifications for UN pressure 
receptacles. We are revising paragraph (p)(15) to correct a 
typographical error by replacing the ``1'' in ``1SO 11114-1'' with an 
``I'' to read ``ISO 11114-1'' .

Section 178.801

    Section 178.801 sets forth recordkeeping requirements for IBC 
packaging manufacturers, design type

[[Page 72919]]

testers, and periodic retesters. In paragraph (l)(2), subparagraph 
(vii) was inadvertently skipped when the paragraph was revised in a 
final rule published under Docket Number PHMSA-2013-0041 (HM-215K, HM-
215L, HM-218G and HM-219) [77 FR 65453]. We are revising paragraph 
(l)(2) to correct the subparagraph numbering sequence.

Part 180

Section 180.213

    This section prescribes requirements for requalification markings 
for cylinders. We are revising paragraph (f)(1) to correct the 
reference to Sec.  173.309(b) to read ``Sec.  173.309(a).''

III. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under authority of 49 U.S.C. 5103(b), 
which authorizes the Secretary of Transportation to prescribe 
regulations for the safe transportation, including security, of 
hazardous material in intrastate, interstate, and foreign commerce. The 
purpose of this final rule is to remove inadvertent errors in the 
hazardous materials table, grammatical and typographical errors, and, 
in response to requests for clarification, improve the clarity of 
certain provisions in the Hazardous Materials Regulations. The changes 
made in this final rule are considered non-substantive and this is 
published as a direct final rule.

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 and, therefore, was not 
reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034). Additionally, E.O. 13563 
supplements and reaffirms E.O. 12866, stressing that, to the extent 
permitted by law, an agency rulemaking action must be based on benefits 
that justify its costs, impose the least burden, consider cumulative 
burdens, maximize benefits, use performance objectives, and assess 
available alternatives. This final rule does not impose new or revised 
requirements for hazardous materials shippers or carriers; therefore, 
it is not necessary to prepare a regulatory impact analysis.

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 has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply, and a tribal summary impact statement is not 
required.

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

    This final rule will not have a significant economic impact on a 
substantial number of small entities. This rule makes minor editorial 
changes that will not impose any new requirements on persons subject to 
the HMR; thus, there are no direct or indirect adverse economic impacts 
for small units of government, businesses, or other organizations.

F. Executive Order 13563 Improving Regulation and Regulatory Review

    Executive Order 13563 supplements and reaffirms the principles, 
structures, and definitions governing regulatory review that were 
established in Executive Order 12866 Regulatory Planning and Review of 
September 30, 1993. In addition, Executive Order 13563 specifically 
requires agencies to: (1) Involve the public in the regulatory process; 
(2) promote simplification and harmonization through interagency 
coordination; (3) identify and consider regulatory approaches that 
reduce burden and maintain flexibility; and (4) ensure the objectivity 
of any scientific or technological information used to support 
regulatory action; consider how to best promote retrospective analysis 
to modify, streamline, expand, or repeal existing rules that are 
outmoded, ineffective, insufficient, or excessively burdensome.
    A complete review of the existing HMR led to the identification of 
various minor errors in the HMR.
    The correction of these errors will clarify current text while 
maintaining the intent of the regulations affected. This final rule is 
designed to address those errors by making non-substantive changes to 
the HMR such as editorial changes, spelling corrections, removal of 
transitional requirements that are no longer applicable and formatting 
modifications. This final rule corrects these errors but does not 
require the application of Executive Order 13563. The final rule does 
however clarify the regulatory text thus improving the regulations.

G. Paperwork Reduction Act

    This final rule imposes no new information collection requirements.

H. Regulation Identifier Number (RIN)

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

I. Unfunded Mandates Reform Act

    This rule does not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It does not result in costs of $141.3 
million or more to either state, local, or tribal governments, in the 
aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objectives of the rule.

J. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), and implementing regulations by the Council on 
Environmental Quality (40 CFR part 1500) require Federal agencies to 
consider the consequences of Federal actions and prepare a detailed 
statement on actions that significantly affect the quality of the human 
environment.
    The purpose of this rulemaking is to correct editorial errors, make 
minor regulatory changes and, in response to requests for 
clarification, improve the clarity of certain provisions in the HMR.

[[Page 72920]]

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.

K. 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 comment (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 (65 FR 19477), which may be viewed at http://www.dot.gov/privacy.

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 177

    Hazardous materials transportation, Loading and unloading, 
Segregation and separation.

49 CFR Part 178

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

49 CFR Part 180

    Hazardous materials transportation, Incorporation by reference, 
Motor carriers, Motor vehicle safety, Packaging and containers, 
Railroad safety, 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; Pub. L. 101-410 section 4 
(28 U.S.C. 2461 note); Pub. L. 104-134, section 31001; 49 CFR 1.81 
and 1.97.


0
2. In Sec.  171.22, revise paragraph (f)(4) to read as follows:


Sec.  171.22  Authorization and conditions for the use of international 
standards and regulations.

* * * * *
    (f) * * *
    (4) Each person who provides for transportation or receives for 
transportation (see Sec. Sec.  174.24, 175.30, 176.24 and 177.817 of 
this subchapter) a shipping paper must retain a copy of the shipping 
paper or an electronic image thereof that is accessible at or through 
its principal place of business in accordance with Sec.  172.201(e) of 
this subchapter.
* * * * *

0
3. In Sec.  171.23, revise paragraphs (a)(4)(ii) and (a)(5) 
introductory text 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.

* * * * *
    (a) * * *
    (4) * * *
    (ii) In addition to other requirements of this subchapter, the 
maximum filling density, service pressure, and pressure relief device 
for each cylinder conform to the requirements of this part for the gas 
involved; and
* * * * *
    (5) Cylinders not equipped with pressure relief devices: A DOT 
specification or a UN cylinder manufactured, inspected, tested and 
marked in accordance with part 178 of this subchapter and otherwise 
conforms to the requirements of part 173 of this subchapter for the gas 
involved, except that the cylinder is not equipped with a pressure 
relief device may be filled with a gas and offered for transportation 
and transported for export if the following conditions are met:
* * * * *

0
4. In Sec.  171.24, revise paragraph (c) to read as follows:


Sec.  171.24  Additional requirements for the use of the ICAO Technical 
Instructions.

* * * * *
    (c) Highway transportation. For transportation by highway prior to 
or after transportation by aircraft, a shipment must conform to the 
applicable requirements of part 177 of this subchapter, and the motor 
vehicle must be placarded in accordance with subpart F of part 172 of 
this subchapter.
* * * * *

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, 1.96 and 
1.97.


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


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *

[[Page 72921]]



------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  (8)                                 (9)                          (10)
               Hazardous                                                                         -----------------------------------------------------------------------------------------------
               materials                                                             Special         Packaging (Sec.   173.* * *)       Quantity limitations (see Sec.        Vessel stowage
 Symbols    descriptions and  Hazard class  Identification     PG       Label   provisions (Sec. ------------------------------------      Sec.   173.27 and 175.75)     -----------------------
            proper shipping    or division        No.                   codes        172.102)                                        ------------------------------------
                 names                                                                            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].........  ............  ..............  ........  ........  ................  ..........  ..........  ..........  ................  ................  ..........  ..........
 
                                                                                          * * * * * * *
           N-Aminoethyl                 8          UN2815       III         8   IB3, T4, TP1....        154         203         241   5 L.............  60 L............          A      12, 25
            piperazine.
 
                                                                                          * * * * * * *
           Ammonia                    2.2          UN2073                 2.2   N87.............        306         304    314, 315   Forbidden.......  150 kg..........          E   40, 52, 57
            solutions,
            relative density
            less than 0.880
            at 15 degrees C
            in water, with
            more than 35
            percent but not
            more than 50
            percent ammonia.
           Ammonia                      8          UN2672       III         8   336, IB3, IP8,          154         203         241   5L..............  60L.............          A   40, 52, 85
            solutions,                                                           T7, TP1.
            relative density
            between 0.880
            and 0.957 at 15
            degrees C in
            water, with more
            than 10 percent
            but not more
            than 35 percent
            ammonia.
 
                                                                                          * * * * * * *
           Batteries, dry,              8          UN3028                   8   237.............       None         213        None   25 kg...........  230 kg..........          A          52
            containing
            potassium
            hydroxide solid,
            electric storage.
 
                                                                                          * * * * * * *
           Environmentally              9          UN3077       III         9   8,146, 335,             155         213         240   No Limit........  No Limit........          A   ..........
            hazardous                                                            A112, B54,
            substances,                                                          B120, IB8, IP3,
            solid, n.o.s.                                                        N20, N91, T1,
                                                                                 TP33.
 
                                                                                          * * * * * * *
           Paint, corrosive,            8          UN3470        II      8, 3   367, IB2, T7,           154         202         243   1 L.............  30 L............          B          40
            flammable                                                            TP2, TP8, TP28.
            (including
            paint, lacquer,
            enamel, stain,
            shellac
            solutions,
            varnish, polish,
            liquid filler,
            and liquid
            lacquer base).
 
                                                                                          * * * * * * *
           Printing ink,                3          UN1210         I         3   367, T11, TP1,          150         173         243   1 L.............  30 L............          E   ..........
            flammable or                                                         TP8.
            Printing ink
            related material
            (including
            printing ink
            thinning or
            reducing
            compound),
            flammable.
                                                                 II         3   149, 367, IB2,          150         173         242   5 L.............  60 L............          B   ..........
                                                                                 T4, TP1, TP8.
                                                                III         3   367, B1, IB3,           150         173         242   60 L............  220 L...........          A   ..........
                                                                                 T2, TP1.
 
                                                                                          * * * * * * *
           Trinitrobenzene,          1.1D          UN0214        II      1.1D                          None          62        None   Forbidden.......  Forbidden.......          4          25
            dry or wetted
            with less than
            30 percent
            water, by mass.
           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.
           Trinitrobenzene,           4.1          UN1354         I       4.1   23, A2, A8, A19,       None         211        None   0.5 kg..........  0.5 kg..........          E      28, 36
            wetted with not                                                      N41.
            less than 30
            percent water,
            by mass.
 
                                                                                          * * * * * * *
 
                                                                                          * * * * * * *
           [ADD]............  ............  ..............  ........  ........  ................  ..........  ..........  ..........  ................  ................  ..........  ..........
 
                                                                                          * * * * * * *
           N-                           8          UN2815       III         8   IB3, T4, TP1....        154         203         241   5 L.............  60 L............          A      12, 25
            Aminoethylpipera
            zine.
 
                                                                                          * * * * * * *
           Ammonia solution,          2.2          UN2073                 2.2   N87.............        306         304    314, 315   Forbidden.......  150 kg..........          E   40, 52, 57
            relative density
            less than 0.880
            at 15 degrees C
            in water, with
            more than 35
            percent but not
            more than 50
            percent ammonia.
           Ammonia solution,            8          UN2672       III         8   336, IB3, IP8,          154         203         241   5L..............  60L.............          A   40, 52, 85
            relative density                                                     T7, TP1.
            between 0.880
            and 0.957 at 15
            degrees C in
            water, with more
            than 10 percent
            but not more
            than 35 percent
            ammonia.
 

[[Page 72922]]

 
                                                                                          * * * * * * *
           Batteries, dry,              8          UN3028                   8   237.............       None         213        None   25 kg...........  230 kg..........          A          52
            containing
            potassium
            hydroxide solid,
            electric storage.
 
                                                                                          * * * * * * *
G........  Environmentally              9          UN3077       III         9   8, 146, 335, 384        155         213         240   No Limit........  No Limit........          A   ..........
            hazardous                                                            A112, B54,
            substance,                                                           B120, IB8, IP3,
            solid, n.o.s.                                                        N20, N91, T1,
                                                                                 TP33.
 
                                                                                          * * * * * * *
           Paint, corrosive,            8          UN3470        II      8, 3   367, IB2, T7,           154         202         243   1 L.............  30 L............          B          40
            flammable                                                            TP2, TP8, TP28.
            (including
            paint, lacquer,
            enamel, stain,
            shellac,
            varnish, polish,
            liquid filler,
            and liquid
            lacquer base).
 
                                                                                          * * * * * * *
           Printing ink,                3          UN1210         I         3   367, T11, TP1,          150         173         243   1 L.............  30 L............          E   ..........
            flammable or                                                         TP8.
            Printing ink
            related material
            (including
            printing ink
            thinning or
            reducing
            compound),
            flammable.
                                                                 II         3   149, 367, IB2,          150         173         242   5 L.............  60 L............          B   ..........
                                                                                 T4, TP1, TP8.
                                                                III         3   367, B1, IB3,           150         173         242   60 L............  220 L...........          A   ..........
                                                                                 T2, TP1.
 
                                                                                          * * * * * * *
           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.
           Trinitrobenzene,           4.1          UN1354         I       4.1   23, A2, A8, A19,       None         211        None   0.5 kg..........  0.5 kg..........          E      28, 36
            wetted with not                                                      N41.
            less than 30
            percent water,
            by mass.
 
                                                                                          * * * * * * *
           [REVISE].........  ............  ..............  ........  ........  ................  ..........  ..........  ..........  ................  ................  ..........  ..........
 
                                                                                          * * * * * * *
+........  Aminophenols (o-;          6.1          UN2512       III       6.1   IB8, IP3, T1,           153         213         240   100 kg..........  200 kg..........          A   ..........
            m-; p-).                                                             TP33.
 
                                                                                          * * * * * * *
           Cells, containing          4.3          UN3292   ........      4.3                           189         189         189   25 kg...........  No limit........          A   ..........
            sodium.
 
                                                                                          * * * * * * *
D G......  Combustible                   Comb liq  NA1993       III      None   IB3, T1, TP1....        150         203         241   60 L............  220 L...........          A   ..........
            liquid, n.o.s..
 
                                                                                          * * * * * * *
           Lithium ion                  9          UN3480   ........        9   A51, A54........        185         185         185   5 kg............  35 kg...........          A   ..........
            batteries
            including
            lithium ion
            polymer
            batteries.
 
                                                                                          * * * * * * *
           Lithium metal                9          UN3090   ........        9   A54.............        185         185         185   Forbidden.......  35 kg...........          A   ..........
            batteries
            including
            lithium alloy
            batteries.
 
                                                                                          * * * * * * *
G........  Organometallic             4.3          UN3398         I       4.3   T13, TP2, TP7,         None         201         244   Forbidden.......  1 L.............          D     13, 40,
            substance,                                                           TP36, TP47.                                                                                            52, 148
            liquid, water-
            reactive.
                                                                 II       4.3   IB1, IP2, T7,          None         202         243   1 L.............  5 L.............          D     13, 40,
                                                                                 TP2, TP7, TP36,                                                                                        52, 148
                                                                                 TP47.
                                                                III       4.3   IB2, IP4, T7,          None         203         242   5 L.............  60 L............          E     13, 40,
                                                                                 TP2, TP7, TP36,                                                                                        52, 148
                                                                                 TP47.
 
                                                                                          * * * * * * *
G........  Oxidizing solid,           5.1          UN3085         I    5.1, 8   62..............       None         211         242   1 kg............  15 kg...........          D     13, 56,
            corrosive, n.o.s.                                                                                                                                                           58, 138
                                                                 II    5.1, 8   62, IB6, IP2,           152         212         242   5 kg............  25 kg...........          B     13, 34,
                                                                                 T3, TP33.                                                                                              56, 58,
                                                                                                                                                                                            138
                                                                III    5.1, 8   62, IB8, IP3,           152         213         240   25 kg...........  100 kg..........          B     13, 34,
                                                                                 T1, TP33.                                                                                              56, 58,
                                                                                                                                                                                            138
 
                                                                                          * * * * * * *
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.

[[Page 72923]]

 
                                                                 II    3, 6.1   343, IB2, T7,           150         202         243   1 L.............  60 L............          D          40
                                                                                 TP2.
                                                                III    3, 6.1   343, IB3, T4,           150         203         242   60 L............  220 L...........           C         40
                                                                                 TP1.
 
                                                                                          * * * * * * *
G........  Self-heating               4.2          UN3088        II       4.2   IB6, IP2, T3,          None         212         241   15 kg...........  50 kg...........           C  ..........
            solid, organic,                                                      TP33.
            n.o.s.
                                                                III       4.2   IB8, IP3, T1,          None         213         241   25 kg...........  100 kg..........           C  ..........
                                                                                 TP33, B116.
 
                                                                                          * * * * * * *
G........  Self-reactive              4.1          UN3222        II       4.1   53..............        151         224        None   Forbidden.......  Forbidden.......          D     25, 52,
            solid type B.                                                                                                                                                               53, 127
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
0
7. In Sec.  172.102, in paragraph (c)(1), revise special provisions 338 
and 369 to read as follows:


Sec.  172.102  Special Provisions.

* * * * *
    (c) * * *
    (1) * * *
    338 Life Saving appliances, self-inflating transported by motor 
vehicle only between an U.S. Coast Guard approved inflatable life raft 
servicing facility and a vessel are only subject to the following 
requirements:
    a. Prior to repacking into the life-saving appliance, an installed 
inflation cylinder must successfully meet and pass all inspection and 
test criteria and standards of the raft manufacturer and the vessel 
Flag State requirements for cylinders installed as part of life-saving 
appliances, self-inflating (UN2990) used on marine vessels. 
Additionally, each cylinder must be visually inspected in accordance 
with CGA pamphlet, CGA C-6 (incorporated by reference, see Sec.  
171.7). A current copy of CGA pamphlet, CGA C-6 must be available at 
the facility servicing the life-saving appliance.
    b. An installed inflation cylinder that requires recharging must be 
filled in accordance with Sec.  173.301(l).
    c. Every installed inflation cylinder, as associated equipment of 
the life-saving appliance, must be packed within the protective 
packaging of the life raft and the life raft itself must otherwise be 
in compliance with Sec.  173.219.
    d. The serial number for each cylinder must be recorded as part of 
the life-saving appliance service record by the U.S. Coast Guard-
approved servicing facility.
* * * * *
    369 In accordance with Sec.  173.2a, this radioactive material in 
an excepted package possessing corrosive properties is classified in 
Class 8 with a radioactive material subsidiary risk. Uranium 
hexafluoride may be classified under this entry only if the conditions 
of Sec. Sec.  173.420(a)(4) and (a)(6), 173.420(d), 173.421(b) and (d), 
and, for fissile-excepted material, the conditions of 173.453 are met. 
In addition to the provisions applicable to the transport of Class 8 
substances, the provisions of Sec. Sec.  173.421(c), and 173.443(a) 
apply. In addition, packages shall be legibly and durably marked with 
an identification of the consignor, the consignee, or both. No Class 7 
label is required to be displayed. The consignor shall be in possession 
of a copy of each applicable certificate when packages include fissile 
material excepted by competent authority approval. When a consignment 
is undeliverable, the consignment shall be placed in a safe location 
and the appropriate competent authority shall be informed as soon as 
possible and a request made for instructions on further action. If it 
is evident that a package of radioactive material, or conveyance 
carrying unpackaged radioactive material, is leaking, or if it is 
suspected that the package, or conveyance carrying unpackaged material, 
may have leaked, the requirements of Sec.  173.443(e) apply.
* * * * *
0
8. In Sec.  172.202, revise paragraph (d) to read as follows:


Sec.  172.202  Description of hazardous material on shipping papers.

* * * * *
    (d) Technical and chemical group names may be entered in 
parentheses between the proper shipping name and hazard class or 
following the basic description. An appropriate modifier, such as 
``contains'' or ``containing,'' and/or the percentage of the technical 
constituent may also be used. For example: ``UN 1993, Flammable 
liquids, n.o.s. (contains Xylene and Benzene), 3, II''.
* * * * *
0
9. In Sec.  172.203, revise paragraph (k)(1) to read as follows:


Sec.  172.203  Additional description requirements.

* * * * *
    (k) * * *
    (1) If a hazardous material is a mixture or solution of two or more 
hazardous materials, the technical names of at least two components 
most predominately contributing to the hazards of the mixture or 
solution must be entered on the shipping paper as required by paragraph 
(k) of this section. For example, ``UN 2924, Flammable liquid, 
corrosive, n.o.s., 3 (8), II (contains Methanol, Potassium 
hydroxide)''.
* * * * *


Sec.  172.502  [Amended]

0
10. In Sec.  172.502, remove paragraph (b)(3).
0
11. In Sec.  172.704, revise paragraph (e)(2) to read as follows:


Sec.  172.704  Training requirements.

* * * * *
    (e) * * *
    (2) A railroad maintenance-of-way employee or railroad signalman, 
who does not perform any function subject to the requirements of this 
subchapter, is not subject to the training requirements of paragraphs 
(a)(2), (a)(4), or (a)(5) of this section.

[[Page 72924]]

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

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

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.

0
13. In Sec.  173.4, revise paragraph (b) to read as follows:


Sec.  173.4  Small quantities for highway and rail.

* * * * *
    (b) A package containing a Class 7 (radioactive) material also must 
conform to the requirements of Sec.  173.421(a) through (e), Sec.  
173.424(a) through (g), or Sec.  173.426(a) through (c) as applicable.
* * * * *


Sec.  173.8  [Amended]

0
14. In Sec.  173.8, remove and reserve paragraph (a).
0
15. In Sec.  173.25, revise paragraph (a)(4) to read as follows:


Sec.  173.25  Authorized packagings and overpacks.

    (a) * * *
    (4) The overpack is marked with the word ``OVERPACK'' when 
specification packagings are required, or for Class 7 (radioactive) 
material when a Type A, Type B(U), Type B(M) or industrial package is 
required. The ``OVERPACK'' marking is not required when the required 
markings representative of each package type contained in the overpack 
are visible from outside of the overpack. The lettering on the 
``OVERPACK'' marking must be at least 12 mm (0.5 inches) high.
    (i) Transitional exception. A marking in conformance with the 
requirements of this paragraph in effect on December 31, 2014, may 
continue to be used until December 31, 2016.
    (ii) For domestic transportation, an overpack marked prior to 
January 1, 2017 and in conformance with the requirements of this 
paragraph in effect on December 31, 2014, may continue in service until 
the end of its useful life.
* * * * *
0
16. In Sec.  173.127, paragraph (b)(2) is added to read as follows:


Sec.  173.127  Class 5, Division 5.1--Definition and assignment of 
packing groups.

* * * * *
    (b) * * *
    (2) The packing group of a Division 5.1 material which is a liquid 
shall be assigned using the following criteria:
    (i) Packing Group I for:
    (A) Any material which spontaneously ignites when mixed with 
cellulose in a 1:1 ratio; or
    (B) Any material which exhibits a mean pressure rise time less than 
the pressure rise time of a 1:1 perchloric acid (50 percent)/cellulose 
mixture.
    (ii) Packing Group II, any material which exhibits a mean pressure 
rise time less than or equal to the pressure rise time of a 1:1 aqueous 
sodium chlorate solution (40 percent)/cellulose mixture and the 
criteria for Packing Group I are not met.
    (iii) Packing Group III, any material which exhibits a mean 
pressure rise time less than or equal to the pressure rise time of a 
1:1 nitric acid (65 percent)/cellulose mixture and the criteria for 
Packing Group I and II are not met.
0
17. In Sec.  173.156, revise paragraphs (b)(2)(iv) and (v) to read as 
follows:


Sec.  173.156  Exceptions for limited quantity and ORM.

* * * * *
    (b) * * *
    (2) * * *
    (iv) The package conforms to the general packaging requirements of 
subpart B of this part; and
    (v) The maximum net quantity of hazardous material permitted on one 
palletized unit is 250 kg (550 pounds).
0
18. Revise Sec.  173.185 to read as follows:


Sec.  173.185  Lithium cells and batteries.

    As used in this section, lithium cell(s) or battery(ies) includes 
both lithium metal and lithium ion chemistries. Equipment means the 
device or apparatus for which the lithium cells or batteries will 
provide electrical power for its operation.
    (a) Classification. (1) Each lithium cell or battery must be of the 
type proven to meet the criteria in part III, sub-section 38.3 of the 
UN Manual of Tests and Criteria (IBR; see Sec.  171.7 of this 
subchapter). Lithium cells and batteries are subject to these tests 
regardless of whether the cells used to construct the battery are of a 
tested type.
    (i) Cells and batteries manufactured according to a type meeting 
the requirements of sub-section 38.3 of the UN 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.
    (ii) Cell and battery types only meeting the requirements of the UN 
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.
    (2) Each person who manufactures lithium cells or batteries must 
create a record of satisfactory completion of the testing required by 
this paragraph prior to offering the lithium cell or battery for 
transport and must:
    (i) Maintain this record for as long as that design is offered for 
transportation and for one year thereafter; and
    (ii) Make this record available to an authorized representative of 
the Federal, state or local government upon request.
    (3) Except for cells or batteries meeting the requirements of 
paragraph (c) of this section, each lithium cell or battery must:
    (i) Incorporate a safety venting device or be designed to preclude 
a violent rupture under conditions normally incident to transport;
    (ii) Be equipped with effective means of preventing external short 
circuits; and
    (iii) Be equipped with an effective means of preventing dangerous 
reverse current flow (e.g., diodes or fuses) if a battery contains 
cells, or a series of cells that are connected in parallel.
    (b) Packaging. (1) Each package offered for transportation 
containing lithium cells or batteries, including lithium cells or 
batteries packed with, or contained in, equipment, must meet all 
applicable requirements of subpart B of this part.
    (2) Lithium cells or batteries, including lithium cells or 
batteries packed with, or contained in, equipment, must be packaged in 
a manner to prevent:
    (i) Short circuits;
    (ii) Movement within the outer package; and
    (iii) Accidental activation of the equipment.
    (3) For packages containing lithium cells or batteries offered for 
transportation:
    (i) The lithium cells or batteries must be placed in non-metallic 
inner packagings that completely enclose the cells or batteries, and 
separate the cells or batteries from contact with equipment, other 
devices, or conductive materials (e.g., metal) in the packaging.
    (ii) The inner packagings containing lithium cells or batteries 
must be placed in one of the following packagings meeting the 
requirements of part 178, subparts L and M, of this subchapter at the 
Packing Group II level:
    (A) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), fiberboard (4G), 
or solid plastic (4H1, 4H2) box;
    (B) Metal (1A2, 1B2, 1N2), plywood (1D), fiber (1G), or plastic 
(1H2) drum;
    (C) Metal (3A2, 3B2) or plastic (3H2) jerrican.
    (iii) When packed with equipment, lithium cells or batteries must:

[[Page 72925]]

    (A) Be placed in inner packagings that completely enclose the cell 
or battery, then placed in an outer packaging. The completed package 
for the cells or batteries must meet the Packing Group II performance 
requirements as specified in paragraph (b)(3)(ii) of this section; or
    (B) Be placed in inner packagings that completely enclose the cell 
or battery, then placed with equipment in a package that meets the 
Packing Group II performance requirements as specified in paragraph 
(b)(3)(ii) of this section.
    (4) When lithium cells or batteries are contained in equipment:
    (i) The outer packaging, when used, must be constructed of suitable 
material of adequate strength and design in relation to the capacity 
and intended use of the packaging, unless the lithium cells or 
batteries are afforded equivalent protection by the equipment in which 
they are contained;
    (ii) Equipment must be secured against movement within the outer 
packaging and be packed so as to prevent accidental operation during 
transport; and
    (iii) Any spare lithium cells or batteries packed with the 
equipment must be packaged in accordance with paragraph (b)(3) of this 
section.
    (5) Lithium batteries that weigh 12 kg (26.5 pounds) or more and 
have a strong, impact-resistant outer casing and assemblies of such 
batteries, may be packed in strong outer packagings; in protective 
enclosures (for example, in fully enclosed or wooden slatted crates); 
or on pallets or other handling devices, instead of packages meeting 
the UN performance packaging requirements in paragraphs (b)(3)(ii) and 
(b)(3)(iii) of this section. Batteries or battery assemblies must be 
secured to prevent inadvertent movement, and the terminals may not 
support the weight of other superimposed elements. Batteries or battery 
assemblies packaged in accordance with this paragraph are not permitted 
for transportation by passenger-carrying aircraft, and may be 
transported by cargo aircraft only if approved by the Associate 
Administrator.
    (6) Except for transportation by aircraft, the following rigid 
large packagings are authorized for a single battery, including for a 
battery contained in equipment, meeting provisions in paragraphs (b)(1) 
and (2) of this section and the requirements of part 178, subparts P 
and Q, of this subchapter at the Packing Group II level:
    (i) Metal (50A, 50B, 50N);
    (ii) Rigid plastic (50H);
    (iii) Wooden (50C, 50D, 50F);
    (iv) Rigid fiberboard (50G).
    (c) Exceptions for smaller cells or batteries. Other than as 
specifically stated below, a package containing lithium cells or 
batteries, or lithium cells or batteries packed with, or contained in, 
equipment, that meets the conditions of this paragraph is excepted from 
the requirements in subparts C through H of part 172 of this subchapter 
and the UN performance packaging requirements in paragraphs (b)(3)(ii) 
and (iii) of this section under the following conditions and 
limitations.
    (1) Size limits. (i) The Watt-hour (Wh) rating may not exceed 20 Wh 
for a lithium ion cell or 100 Wh for a lithium ion battery. After 
December 31, 2015, each lithium ion battery subject to this provision 
must be marked with the Watt-hour rating on the outside case.
    (ii) The lithium content may not exceed 1 g for a lithium metal 
cell or 2 g for a lithium metal battery.
    (iii) Except when lithium metal cells or batteries are packed with 
or contained in equipment in quantities not exceeding 5 kg net weight, 
the outer package that contains lithium metal cells or batteries must 
be marked: ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD 
PASSENGER AIRCRAFT'' or ``LITHIUM METAL BATTERIES--FORBIDDEN FOR 
TRANSPORT ABOARD PASSENGER AIRCRAFT'', or labeled with a ``CARGO 
AIRCRAFT ONLY'' label specified in Sec.  172.448 of this subchapter.
    (iv) For transportation by highway or rail only, the lithium 
content of the cell and battery may be increased to 5 g for a lithium 
metal cell or 25 g for a lithium metal battery and 60 Wh for a lithium 
ion cell or 300 Wh for a lithium ion battery provided the outer package 
is marked: ``LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT 
AND VESSEL.''
    (v) The marking specified in paragraphs (c)(1)(iii) and (iv) of 
this section must have a background of contrasting color, and the 
letters in the marking must be:
    (A) At least 6 mm (0.25 inch) in height on packages having a gross 
weight of 30 kg (66 pounds) or less, except that smaller font may be 
used as necessary when package dimensions so require.
    (B) At least 12 mm (0.5 inch) in height on packages having a gross 
weight of more than 30 kg (66 pounds).
    (vi) Except when lithium cells or batteries are packed with, or 
contained in, equipment, each package must not exceed 30 kg (66 pounds) 
gross weight.
    (2) Packaging. Except when lithium cells or batteries are contained 
in equipment, each package, or the completed package when packed with 
equipment, must be capable of withstanding a 1.2 meter drop test, in 
any orientation, without damage to the cells or batteries contained in 
the package, without shifting of the contents that would allow battery-
to-battery (or cell-to-cell) contact, and without release of the 
contents of the package.
    (3) Hazard communication. Except for a package containing button 
cell batteries installed in equipment (including circuit boards), or no 
more than four lithium cells or two lithium batteries installed in the 
equipment:
    (i) For transportation by highway, rail and vessel, the outer 
package must be marked with the information in the following paragraphs 
(c)(3)(i)(A) to (D), or the handling marking in paragraph (c)(3)(ii) of 
this section:
    (A) An indication that the package contains ``Lithium metal'' and/
or ``Lithium ion'' cells or batteries, as appropriate, or 
alternatively, the word ``batteries'' may be used for packages 
containing cells;
    (B) An indication that the package is to be handled with care and 
that a flammable hazard exists if the package is damaged;
    (C) An indication that special procedures must be followed in the 
event the package is damaged, to include inspection and repacking if 
necessary;
    (D) A telephone number for additional information.
    (ii) For transportation by air, the outer package must be marked 
with the following handling marking, which is durable, legible, and 
displayed on a background of contrasting color:

[[Page 72926]]

[GRAPHIC] [TIFF OMITTED] TR23NO15.000

    (A) The marking must be not less than 120 mm (4.7 inches) wide by 
110 mm (4.3 inches) high except markings of 105 mm (4.1 inches) wide by 
74 mm (2.9 inches) high may be used on a package containing lithium 
batteries when the package is too small for the larger mark;
    (B) The symbols and letters must be black and the border must be 
red; and
    (C) The ``*'' must be replaced by the words ``Lithium ion battery'' 
and/or ``Lithium metal battery'' as appropriate and the ``xxx-xxx-
xxxx'' must be replaced by a telephone number for additional 
information.
    (iii) Each shipment of one or more packages marked in accordance 
with this paragraph must be accompanied by a document that includes the 
following:
    (A) An indication that the package contains ``lithium metal'' or 
``lithium ion'' cells or batteries, as appropriate;
    (B) An indication that the package is to be handled with care and 
that a flammable hazard exists if the package is damaged;
    (C) An indication that special procedures must be followed in the 
event the package is damaged, to include inspection and repacking if 
necessary; and
    (D) A telephone number for additional information.
    (4) Air transportation. (i) For transportation by aircraft, lithium 
cells and batteries may not exceed the limits in the following table. 
The limits on the maximum number of batteries and maximum net quantity 
of batteries in the following table may not be combined in the same 
package:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Lithium metal       Lithium metal                                                Lithium ion
                                 Lithium metal cells     cells with a      batteries with a    Lithium ion cells   Lithium ion cells   batteries with a
                                   and/or batteries     lithium content     lithium content    and/or batteries    with a Watt-hour    Watt-hour rating
            Contents                with a lithium      more than 0.3 g     more than 0.3 g    with a Watt-hour    rating more than    more than 2.7 Wh
                                   content not more    but not more than   but not more than    rating not more     2.7 Wh but not     but not more than
                                      than 0.3 g              1g                  2 g             than 2.7 Wh       more than 20 Wh         100 Wh
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum number of cells/         No Limit             8 cells             2 batteries         No Limit            8 cells             2 batteries.
 batteries per package.
Maximum net quantity (mass) per  2.5 kg               n/a                 n/a                 2.5 kg              n/a                 n/a.
 package.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (ii) When packages required to bear the handling marking in 
paragraph (c)(3)(ii) are placed in an overpack, the handling marking 
must either be clearly visible through the overpack, or the handling 
marking must also be affixed on the outside of the overpack, and the 
overpack must be marked with the word ``OVERPACK''.
    (iii) Each shipment with packages required to bear the handling 
marking must include an indication on the air waybill of compliance 
with this paragraph (c)(4) (or the applicable ICAO Packing 
Instruction), when an air waybill is used.
    (iv) For lithium batteries packed with, or contained in, equipment, 
the number of batteries in each package is limited to the minimum 
number required to power the piece of equipment, plus two spares, and 
the total net quantity (mass) of the lithium cells or batteries in the 
completed package must not exceed 5 kg.
    (v) Each person who prepares a package for transport containing 
lithium cells or batteries, including cells or batteries packed with, 
or contained in, equipment in accordance with the conditions and 
limitations in this paragraph, must receive adequate instruction on 
these conditions and limitations, commensurate with their 
responsibilities.
    (vi) A package that exceeds the number or quantity (mass) limits in 
the table shown in (c)(4) is subject to all applicable requirements of 
this subchapter, except that a package containing no more than 2.5 kg 
lithium metal cells or batteries or 10 kg lithium ion cells or 
batteries is not subject to the UN performance packaging requirements 
in paragraphs (b)(3)(ii) of this section when the package displays both 
the lithium battery handling marking and the Class 9 label. This 
paragraph does not apply to batteries or cells packed with or contained 
in equipment.
    (d) Lithium cells or batteries shipped for disposal or recycling. A 
lithium cell or battery, including a lithium cell or battery contained 
in equipment, that is transported by motor vehicle to a permitted 
storage facility or disposal site, or for purposes of recycling, is 
excepted from the testing and record keeping requirements of paragraph 
(a) and the specification packaging requirements of paragraph (b)(3) of 
this section, when packed in a strong outer packaging conforming to the 
requirements of Sec. Sec.  173.24 and 173.24a.

[[Page 72927]]

A lithium cell or battery that meets the size, packaging, and hazard 
communication conditions in paragraph (c)(1)-(3) of this section is 
excepted from subparts C through H of part 172 of this subchapter.
    (e) Low production runs and prototypes. Low production runs (i.e., 
annual production runs consisting of not more than 100 lithium cells or 
batteries), or prototype lithium cells or batteries transported for 
purposes of testing, are excepted from the testing and record keeping 
requirements of paragraph (a) of this section provided:
    (1) Except as provided in paragraph (e)(3) of this section, each 
cell or battery is individually packed in a non-metallic inner 
packaging, inside an outer packaging, and is surrounded by cushioning 
material that is non-combustible and non-conductive;
    (2) The inner packages containing lithium cells or batteries are 
packed in one of the following packagings that meet the requirements of 
part 178, subparts L and M at Packing Group I level.
    (i) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), or solid plastic 
(4H2) box;
    (ii) Metal (1A2, 1B2, 1N2), plywood (1D), or plastic (1H2) drum.
    (3) Lithium batteries that weigh 12 kg (26.5 pounds) or more and 
have a strong, impact-resistant outer casing or assemblies of such 
batteries, may be packed in strong outer packagings, in protective 
enclosures (for example, in fully enclosed or wooden slatted crates), 
or on pallets or other handling devices, instead of packages meeting 
the UN performance packaging requirements in paragraphs (b)(3)(ii) and 
(b)(3)(iii) of this section. The battery or battery assembly must be 
secured to prevent inadvertent movement, and the terminals may not 
support the weight of other superimposed elements;
    (4) Irrespective of the limit specified in column (9B) of the Sec.  
172.101 Hazardous Materials Table, the battery or battery assembly 
prepared for transport in accordance with this paragraph may have a 
mass exceeding 35 kg gross weight when transported by cargo aircraft; 
and
    (5) Batteries or battery assemblies packaged in accordance with 
this paragraph are not permitted for transportation by passenger-
carrying aircraft, and may be transported by cargo aircraft only if 
approved by the Associate Administrator prior to transportation.
    (f) Damaged, defective, or recalled cells or batteries. Lithium 
cells or batteries, that have been damaged or identified by the 
manufacturer as being defective for safety reasons, that have the 
potential of producing a dangerous evolution of heat, fire, or short 
circuit (e.g., those being returned to the manufacturer for safety 
reasons) may be transported by highway, rail or vessel only, and must 
be packaged as follows:
    (1) Each cell or battery must be placed in individual, non-metallic 
inner packaging that completely encloses the cell or battery;
    (2) The inner packaging must be surrounded by cushioning material 
that is non-combustible, non-conductive, and absorbent; and
    (3) Each inner packaging must be individually placed in one of the 
following packagings meeting the applicable requirements of part 178, 
subparts L, M, P and Q of this subchapter at the Packing Group I level:
    (i) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), or solid plastic 
(4H2) box;
    (ii) Metal (1A2, 1B2, 1N2), plywood (1D), or plastic (1H2) drum; or
    (iii) For a single battery or for a single battery contained in 
equipment, the following rigid large packagings are authorized:
    (A) Metal (50A, 50B, 50N);
    (B) Rigid plastic (50H);
    (C) Plywood (50D); and
    (4) The outer package must be marked with an indication that the 
package contains a ``Damaged/defective lithium ion battery'' and/or 
``Damaged/defective lithium metal battery'' as appropriate.
    (g) Approval. A lithium cell or battery that does not conform to 
the provisions of this subchapter may be transported only under 
conditions approved by the Associate Administrator.
0
19. In Sec.  173.199, revise paragraph (a)(5) to read as follows:


Sec.  173.199  Category B infectious substances.

    (a) * * *
    (5) The following square-on-point mark must be displayed on the 
outer packaging on a background of contrasting color. The width of the 
line forming the border must be at least 2 mm (0.08 inches) and the 
letters and numbers must be at least 6 mm (0.24 inches) high. The size 
of the mark must be such that no side of the diamond is less than 50 mm 
(1.97 inches) in length as measured from the outside of the lines 
forming the border. The proper shipping name ``Biological substances, 
Category B'' must be marked on the outer packaging adjacent to the 
diamond-shaped mark in letters that are at least 6 mm (0.24 inches) 
high.
[GRAPHIC] [TIFF OMITTED] TR23NO15.001

    (i) Transitional exception--A marking in conformance with the 
requirements of this paragraph in effect on December 31, 2014, may 
continue to be used until December 31, 2016.
    (ii) For domestic transportation, a packaging marked prior to 
January 1, 2017 and in conformance with the requirements of this 
paragraph in effect on December 31, 2014, may continue in service until 
the end of its useful life.
* * * * *
0
20. In Sec.  173.302, revise paragraph (a) to read as follows:


Sec.  173.302  Filling of cylinders with nonliquefied (permanent) 
compressed gases or adsorbed gases.

    (a) General requirements. (1) A cylinder filled with a non-
liquefied compressed gas (except gas in solution) must be offered for 
transportation in accordance with the requirements of this section and 
Sec.  173.301. In addition, a DOT specification cylinder must meet the 
requirements in Sec. Sec.  173.301a, 173.302a and 173.305, as 
applicable. UN pressure receptacles must meet the requirements in 
Sec. Sec.  173.301b and 173.302b, as applicable. Where more than one 
section applies to a cylinder, the most restrictive requirements must 
be followed.
    (2) Adsorbed gas. A cylinder filled with an adsorbed gas must be 
offered for transportation in accordance with the requirements of 
paragraph (d) of this section, Sec.  173.301, and Sec.  173.302c. UN 
cylinders must meet the requirements in Sec. Sec.  173.301b and 
173.302b, as applicable. Where more than one section applies to a 
cylinder, the most restrictive requirements must be followed.
* * * * *
0
21. In Sec.  173.309, revise paragraph (e)(2) to read as follows:


Sec.  173.309  Fire extinguishers.

* * * * *
    (e) * * *

[[Page 72928]]

    (2) The valves are protected in accordance with Sec.  
173.301b(c)(2)(i), (ii), (iii) or (v); and
* * * * *
0
22. In Sec.  173.314, revise paragraph (k)(2) to read as follows:


Sec.  173.314  Compressed gases in tank cars and multi-unit tank cars.

* * * * *
    (k) * * *
    (2) DOT105J500W tank cars may be used as authorized packagings, as 
prescribed in this subchapter for transporting ``UN 1017, Chlorine, 2.3 
(8), Poison Inhalation Hazard, Zone B, RQ,'' if the tank cars meet all 
DOT specification requirements, and the tank cars are equipped with 
combination safety relief valves with a start-to-discharge pressure of 
360 psi, rather than the 356 psi. The start-to-discharge pressure 
setting must be marked on the pressure relief device in conformance 
with applicable provisions of the AAR Specification for Tank Cars (IBR, 
see Sec.  171.7 of this subchapter).
* * * * *


Sec.  173.334  [Amended]

0
23. Amend Sec.  173.334 in paragraph (b) to remove the word 
``education'' and add the word ``eduction'' in its place.
0
24. In Sec.  173.417, revise paragraph (b)(2) to read as follows:


Sec.  173.417  Authorized fissile materials packages.

* * * * *
    (b) * * *
    (2) Type B(U) or Type B(M) packaging that also meets the applicable 
requirements for fissile material packaging in Section VI of the 
International Atomic Energy Agency ``Regulations for the Safe Transport 
of Radioactive Material, SSR-6,'' and for which the foreign Competent 
Authority certificate has been revalidated by the U.S. Competent 
Authority in accordance with Sec.  173.473. These packagings are 
authorized only for import and export shipments.
* * * * *
0
25. In Sec.  173.420, revise paragraphs (a)(2)(i) and (d)(2) to read as 
follows:


Sec.  173.420  Uranium hexafluoride (fissile, fissile excepted and non-
fissile).

    (a) * * *
    (2) * * *
    (i) American National Standard N14.1 in effect at the time the 
packaging was manufactured; or
* * * * *
    (d) * * *
    (2) The conditions of Sec. Sec.  173.24, 173.24a, and 173.421(a) 
and (d) are met.
* * * * *


Sec.  173.422  [Amended]

0
26. Amend Sec.  173.422, in paragraph (c), to remove the reference 
to``175.700(b)'' and add the reference ``175.705'' in its place.
0
27. In Sec.  173.423, revise paragraph (a)(2) to read as follows:


Sec.  173.423  Requirements for multiple hazard limited quantity Class 
7 (radioactive) materials.

    (a) * * *
    (2) Packaged to conform with the requirements specified in Sec.  
173.421(a) through (e) or Sec.  173.424(a) through (g), as appropriate; 
and
* * * * *
0
28. In Sec.  173.426, revise paragraph (c) to read as follows:


Sec.  173.426  Excepted packages for articles containing natural 
uranium or thorium.

* * * * *
    (c) The conditions specified in Sec.  173.421 (b), (c) and (d) are 
met; and
* * * * *
0
29. In Sec.  173.428, revise paragraph (a) to read as follows:


Sec.  173.428  Empty Class 7 (radioactive) materials packaging.

* * * * *
    (a) The packaging meets the requirements of Sec.  173.421 (b), (c), 
and (e) of this subpart;
* * * * *
0
30. In Sec.  173.436, revise footnote (b) following the table to read 
as follows:


Sec.  173.436  Exempt material activity concentrations and exempt 
consignment activity limits for radionuclides.

* * * * *
    \b\ Parent nuclides and their progeny included in secular 
equilibrium are listed as follows:
    Sr-90 Y-90
    Zr-93 Nb-93m
    Zr-97 Nb-97
    Ru-106 Rh-106
    Ag-108m Ag-108
    Cs-137 Ba-137m
    Ce-144 Pr-144
    Ba-140 La-140
    Bi-212 Tl-208 (0.36), Po-212 (0.64)
    Pb-210 Bi-210, Po-210
    Pb-212 Bi-212, Tl-208 (0.36), Po-212 (0.64)
    Rn-222 Po-218, Pb-214, Bi-214, Po-214
    Ra-223 Rn-219, Po-215, Pb-211, Bi-211, Tl-207
    Ra-224 Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 
(0.64),
    Ra-226 Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-
210
    Ra-228 Ac-228
    Th-228 Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-
212 (0.64)
    Th-229 Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209
    Th-nat Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-
212, Tl-208 (0.36), Po-212 (0.64)
    Th-234 Pa-234m
    U-230 Th-226, Ra-222, Rn-218, Po-214
    U-232 Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 
(0.36), Po-212 (0.64)
    U-235 Th-231
    U-238 Th-234, Pa-234m
    U-nat Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-
214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
    Np-237 Pa-233
    Am-242m Am-242
    Am-243 Np-239
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

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

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

0
32. In Sec.  175.10 revise paragraphs (a)(17)(v)(D) and (E) to read as 
follows:


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

    (a) * * *
    (17) * * *
    (v) * * *
    (D) The battery must not exceed 300 Watt-hour (Wh); and
    (E) A maximum of one spare battery not exceeding 300 Wh or two 
spares not exceeding 160 Wh each may be carried;
* * * * *

PART 176--CARRIAGE BY VESSEL

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

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


Sec.  176.104  [Amended]

0
34. Amend 176.104 in paragraph (c)(3) to remove the word ``hoods'' and 
add the word ``hooks'' in its place.


Sec.  176.116  [Amended]

0
35. Amend Sec.  176.116 in paragraph (e)(3) to remove the reference 
``46 CFR 72.05-10(a)(1)'' and add the reference ``46 CFR 72.05-
10(c)(1)'' in its place.
0
36. In Sec.  176.905, revise paragraph (i) 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

[[Page 72929]]

engine using liquid fuel that has a flashpoint less than 38 [deg]C 
(100[emsp14][deg]F), the fuel tank is empty, installed batteries are 
protected from short circuit, 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[emsp14][deg]F) or higher, the fuel tank contains 450 L (119 
gallons) of fuel or less, installed batteries are protected from short 
circuit, 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 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 non-spillable 
batteries) or sodium batteries and the installed batteries are 
protected from short circuit;
    (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 fuel shut-off 
or isolation valve is closed and secured, and installed batteries are 
protected from short circuit; or
    (6) The vehicle or mechanical equipment is powered by a fuel cell 
engine, the engine is protected from inadvertent operation by closing 
fuel supply lines or by other means, and the fuel supply reservoir has 
been drained and sealed.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
37. The authority citation for part 177 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 
108 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.

0
38. In Sec.  177.838, revise the section heading and paragraph (g) to 
read as follows:


Sec.  177.838  Class 4 (flammable solid) materials, Class 5 (oxidizing) 
materials, and Division 4.2 (pyrophoric liquid) materials.

* * * * *
    (g) A motor vehicle may only contain 45.4 kg (100 pounds) or less 
net mass of material described as ``Smokeless powder for small arms, 
Division 4.1'' or ``Black powder for small arms, Division 4.1.''
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
39. 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.


Sec.  178.71  [Amended]

0
40. Amend Sec.  178.71 in paragraph (p)(15) to remove the phrase ``1SO 
11114-1'' and add the phrase ``ISO 11114-1'' in its place.


Sec.  178.801  [Amended]

0
41. In Sec.  178.801, redesignate paragraphs (l)(2)(viii) through (xi) 
as (l)(2)(vii) through (x).

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
42. The authority citation for part 180 continues to read as follows:

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

0
43. In Sec.  180.213, revise paragraph (f)(1) to read as follows:


Sec.  180.213  Requalification markings.

* * * * *
    (f) * * *
    (1) For designation of the 5-year volumetric expansion test, 10-
year volumetric expansion test for UN cylinders and cylinders 
conforming to Sec.  180.209(f) and (h), or 12-year volumetric expansion 
test for fire extinguishers conforming to Sec.  173.309(a) of this 
subchapter and cylinders conforming to Sec.  180.209(e) and (g), the 
marking is as illustrated in paragraph (d) of this section.
* * * * *

    Issued in Washington, DC, on November 17, 2015 under authority 
delegated in 49 CFR part 1.97.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2015-29683 Filed 11-20-15; 8:45 am]
 BILLING CODE 4910-60-P


