HM-215K Mentioned in Supporting Statement

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No. 12

January 19, 2011

Part III

Department of Transportation

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49 CFR Parts 171, 172, 173, et al.
Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and the
International Civil Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air; Final Rule

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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, 173, 175, 176,
178, and 180
[Docket Nos. PHMSA–2009–0126 (HM–
215K)]
RIN 2137–AE45

Hazardous Materials: Harmonization
With the United Nations
Recommendations, International
Maritime Dangerous Goods Code, and
the International Civil Aviation
Organization Technical Instructions for
the Safe Transport of Dangerous
Goods by Air
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule.
AGENCY:

PHMSA is amending the
Hazardous Materials Regulations to
maintain alignment with international
standards by incorporating various
amendments, including changes to
proper shipping names, hazard classes,
packing groups, special provisions,
packaging authorizations, air transport
limited quantities, and vessel stowage
requirements. These revisions are
necessary to harmonize the Hazardous
Materials Regulations with recent
changes made to the International
Maritime Dangerous Goods Code, the
International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods by Air, and the United Nations
Recommendations on the Transport of
Dangerous Goods—Model Regulations.
DATES: Effective date: January 19, 2011.
Voluntary compliance date: PHMSA
is authorizing voluntary compliance
beginning January 1, 2011.
Delayed compliance date:
Compliance with the amendments
adopted in this final rule is required
beginning January 1, 2012.
Incorporation by reference date: The
incorporation by reference of certain
publications listed in this rule is
approved by the Director of the Federal
Register as of January 19, 2011.
FOR FURTHER INFORMATION CONTACT:
Michael Stevens, telephone (202) 366–
8553, or Shane Kelley, telephone (202)
366–0656, Standards and Rulemaking
Division, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., 2nd Floor,
Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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I. Background
II. Primary Topics of Concern Discussed in
the ANPRM
III. Comments Submitted in Response to
Noteworthy Harmonization
Amendments Proposed in the August 24,
2010 NPRM; the Final Rule
A. Harmonization Amendments Adopted
in This Final Rule
B. Harmonization Amendments Not
Considered for Adoption in This Final
Rule
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the
Rulemaking
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
F. Paperwork Reduction Act
G. Regulatory Identifier Number (RIN)
H. Unfunded Mandates Reform Act
I. Environmental Assessment
J. Privacy Act
K. International Trade Analysis

I. Background
In a final rule published under Docket
HM–181 (55 FR 52402, December 21,
1990), the Research and Special
Programs Administration (RSPA), the
predecessor agency to the Pipeline and
Hazardous Materials Safety
Administration (PHMSA),
comprehensively revised the Hazardous
Materials Regulations (HMR; 49 CFR
Parts 171 to 180) to harmonize U.S.
hazardous materials transportation
requirements with the United Nations
Recommendations on the Transport of
Dangerous Goods (UN Model
Regulations). The UN Model
Regulations are not regulations, but
rather are recommendations issued by
the UN Committee of Experts on the
Transport of Dangerous Goods
(UNSCOE) and the Globally
Harmonized System of Classification
and Labeling of Chemicals (GHS). These
Model Regulations are amended and
updated biennially by the UNSCOE and
serve as the basis for national, regional,
and international modal regulations,
including the International Maritime
Organization’s International Maritime
Dangerous Goods Code (IMDG Code)
and International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods by Air (ICAO Technical
Instructions).
Since publication of the 1990 rule, we
have issued eight additional
international harmonization rules
(Dockets HM–215A (59 FR 67390,
December 29, 1994); HM–215B (62 FR
24690, December 16, 1996); HM–215C
(63 FR 57929, October 29, 1998); HM–

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215D (66 FR 8644, February 1, 2001);
HM–215E (68 FR 1013, January 8, 2003);
HM–215G (69 FR 76044, December 20,
2004); HM–215I (71 FR 78596,
December 29, 2006); and HM–215J (74
FR 2200, January 14, 2009)) based on
the corresponding biennial updates of
the UN Model Regulations, the IMDG
Code, and the ICAO Technical
Instructions.
To maintain alignment of the HMR
with international requirements, in this
final rule, we are incorporating changes
based on the sixteenth revised edition of
the UN Model Regulations, Amendment
35–10 to the IMDG Code, and the 2011–
2012 ICAO TI, which becomes effective
January 1, 2011 (the IMDG Code is
effective January 1, 2012).
Federal law and policy strongly favor
the harmonization of domestic and
international standards for hazardous
materials transportation. The Federal
hazardous materials transportation law
(Federal hazmat law; 49 U.S.C. 5101 et
seq.) permits PHMSA to depart from
international standards in order to
promote safety or other overriding
public interest, but otherwise requires
PHMSA to align the HMR with
international transport standards and
requirements to the extent practicable
(see 49 U.S.C. 5120). Harmonization
enhances international trade by
minimizing the costs and other burdens
of complying with multiple or
inconsistent safety requirements for
transportation of hazardous materials to
and from the United States. This
becomes increasingly important as the
volume of international hazardous
materials shipments grows.
Harmonization also enhances safety for
international movements, but only if the
international standards themselves
provide an appropriate level of safety.
PHMSA actively participates in the
development of international standards
for the transportation of hazardous
materials, frequently advocating the
adoption in international standards of
particular HMR requirements.
When considering the adoption of
international standards under the HMR,
we review and evaluate each
amendment on its own merit, on the
basis of its overall impact on
transportation safety, and the economic
implications associated with its
adoption into the HMR. Our goal is to
harmonize without diminishing the
level of safety currently provided by the
HMR and not impose undue burdens on
the regulated public.
II. Primary Topics of Concern
Discussed in the ANPRM
PHMSA published an advance notice
of proposed rulemaking (ANPRM) (74

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FR 53982, October 21, 2009)
highlighting issues under consideration
for harmonization with international
standards and requesting comments as
to whether the HMR should be amended
to incorporate specific international
standards and the potential benefits and
costs of doing so.
Comments on specific harmonization
issues covered in the ANPRM are
discussed in brief below. Please review
the notice of proposed rulemaking
(NPRM) (75 FR 52070, August 24, 2010)
for a complete discussion of comments
to the ANPRM.
A. Limited Quantities and Consumer
Commodities
PHMSA has long recognized the need
to authorize limited exceptions for the
transportation of classes and quantities
of hazardous materials described as
limited quantities, or consumer
commodities reclassed as ORM–D.
Considerable efforts have been made
internationally to harmonize multimodal standards with regard to the
transport of limited quantities,
including consumer commodities.
PHMSA held public meetings on this
issue in February 2006 and March 2008
to discuss potential impacts on
domestic stakeholders. Additionally,
this issue was discussed during the
agency’s pre-UN public meetings held
in 2006 and 2007. There was
considerable domestic interest in
pursuing further harmonization
internationally due to the potential for
substantial savings in transportation
costs and improved transportation
efficiency. In the ANPRM (74 FR 53982,
October 21, 2009), PHMSA invited
comments on this issue with regard to
aligning the HMR with the UN Model
Regulations for the domestic and
international transport of limited
quantities and consumer commodities.
Of particular concern was any potential
negative impact on domestic
transportation through the elimination
of the transportation mechanism for
limited quantity hazardous materials
reclassed as ORM–D. While some
changes adopted in the UN Model
Regulations are similar to provisions
currently in the HMR (e.g., inner
packaging limits and authorized use of
non-specification outer packagings),
some changes are not (e.g., marking and
labeling). In the ANPRM, PHMSA
suggested that, depending on comments
received and our own evaluation, the
agency may determine that the
significance of any amendments on this
issue may warrant a separate
rulemaking action.
We received several comments
submitted in response to the ANPRM

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supporting adoption of the UN Model
Regulation limited quantity provisions
into the HMR. The commenters urged
PHMSA to move forward and adopt the
limited quantity provisions as
prescribed in the sixteenth revised
edition of the UN Model Regulations.
However, several commenters expressed
concern that this should not be done at
the expense of the ORM–D provisions
currently in the HMR. Some altogether
opposed the elimination of the existing
provisions for ORM–D materials as part
of HM–215K and recommended that any
changes to the requirements be made
through a separate rulemaking.
In the NPRM (75 FR 52070, August
24, 2010), PHMSA outlined its
determination, partially based on our
perception of favorable comments
received in response to the ANPRM,
that aligning the existing limited
quantity provisions in the HMR with the
international standards and regulations
(i.e., UN Model Regulations, IMDG Code
and the ICAO TI) would enhance safety
by facilitating a single, uniform system
of transporting limited quantity
materials. We emphasized the proposals
did not include the immediate or shortterm removal of the existing provisions
in the HMR for limited quantities
reclassed as ORM–D (including those
for consumer commodities, cartridges,
small arms and cartridges, power
device) and included a delayed
compliance period we believed was
sufficient in length to allow
stakeholders time to comply with the
transition to the revised limited quantity
requirements and eventual elimination
of the ORM–D classification. Because
the limited quantity provisions in the
UN Model Regulations and the IMDG
Code are closely aligned with those
already contained in the HMR, we
contended that domestic alignment for
highway, rail and vessel transportation
would result in minimal impact and
regulatory burden. And, because of the
inherent risk unique to air
transportation, we believed full
harmonization with the ICAO TI (where
appropriate) was necessary with regard
to the materials authorized and quantity
limits for limited quantities (including
consumer commodities) intended for
transport by air.
B. Classification of Division 1.4S
Explosives
For eight Division 1.4 explosive
articles (UN0323, UN0366, UN0441,
UN0445, UN0455, UN0456, UN0460,
and UN0500), the UN Model
Regulations have been amended to
require a Type 6(d) test to determine
whether such articles may be assigned
to Compatibility Group S. Assignment

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to Compatibility Group S indicates that
hazardous effects from accidental
functioning are limited to the extent the
article or substance does not
significantly hinder or prohibit fire
fighting or emergency response efforts
in the immediate vicinity of a package
containing the material. The test is
designed to be performed on a single
package containing an explosive article
or explosive substance to determine if
the package is capable of containing any
hazardous effects in the event of an
accidental functioning of its contents.
The amendment is supplemented by
revisions to the explosives testing
standards in the UN Manual of Tests
and Criteria as well as the adoption of
a new special provision that would
authorize the use of the above
mentioned identification numbers only
if the results of the Type 6(d) test
successfully demonstrate that any
hazardous effects are confined within a
package. In the ANPRM, we invited
commenters to provide data and
information concerning the possible
safety impacts of the new test provisions
and compliance costs that would be
incurred if the new test were adopted
into the HMR. In addition, we invited
commenters to provide suggestions or
recommendations concerning whether
to apply the test to already-approved
explosives.
We received several comments both
supporting and opposing adoption of
the Type 6(d) test to determine whether
a Division 1.4 explosive article may be
assigned to Compatibility Group S. All
the commenters who addressed this
issue indicated that, if adopted, the test
must be applied to previously-approved
articles in a manner that is reasonable
and not overly broad. One suggestion
was to allow the classification of
previously-approved explosive articles
to be based on results of testing of
product groups by a PHMSA-approved
laboratory or on results of self-testing
and video documentation by the
manufacturer.
Commenters opposing adoption of the
Type 6(d) test suggested that more
research on the practical effect of this
testing requirement is necessary and
that the lack of grandfathering criteria
for products already approved as
Division 1.4S explosives (e.g., power
device cartridges) is impractical,
expensive, and impedes commerce.
They also indicated concern regarding
the cost of articles consumed in testing
in addition to the cost of pre-testing or
redesign of an article by a manufacturer
to ensure passing the Type 6(d) test, but
did not quantify these costs.

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C. Classification of Sour Crude Oil
Currently, all types of petroleum
crude oil are listed as a Class 3
flammable liquid in the § 172.101
Hazardous Materials Table (HMT).
PHMSA is aware that transportation of
a certain type of crude oil known as
‘‘sour’’ crude oil may pose risks not
associated with other types of crude oil
due to its inherent potential of evolving
hydrogen sulfide, a highly toxic and
flammable gas. Sour crude oil,
commonly found in North America,
contains a high concentration of sulfur.
The evolution of hydrogen sulfide
vapors from crude oil is dependent on
temperature, packaging confinement,
transport conditions (e.g., sloshing),
bacteria, and sulfur concentration,
among many other potential factors.
When transported in bulk packagings
such as cargo tanks or tank cars, the
evolved hydrogen sulfide gas may build
up in the vapor space of the packaging,
posing a potential risk, particularly
during loading and unloading.
Based on the risk of toxic vapors, the
UN Model Regulations were amended
by assigning a new identification
number and shipping description for
sour crude oil with a flammable primary
hazard and a toxic subsidiary hazard.
Additionally, a new special provision
was added specifying the assignment of
a Packing Group (PG) based on the
degree of danger presented by either the
flammability or toxicity hazard of the
sour crude oil. For example, sour crude
oil meeting flammability criteria for
Class 3, PG II, and toxicity criteria for
Division 6.1, PG I, poisonous-byinhalation, would be classified as a
Class 3, PG I material.
In the ANPRM, PHMSA invited
commenters to provide data and
information concerning the impact on
domestic shippers and carriers if these
requirements were adopted in the HMR.
The agency also asked for comments
addressing which hazard
communication methods (e.g., package
markings, shipping papers) and/or
packaging requirements are most costeffective for communicating the hazards
and reducing the risks of transporting
sour crude oil.
We received comments opposing
adoption of the UN amendments for the
description and classification of sour
crude oil into the HMR. The
commenters recommended against
requiring domestic use of the new
proper shipping name for sour crude oil
with a Division 6.1 subsidiary risk and
recommended that use be limited to
international transport. Commenters
further recommended that PHMSA
should require drivers engaged in the

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loading and unloading of sour crude oil
to wear a hydrogen sulfide monitoring
device and have respiratory protection
accessible, and require warning signs at
the cargo tank manhole and area of
operation. Additionally, commenters
recognized that hydrogen sulfide gas is
a hazard, but suggested that
classification of crude oil at the time of
shipment may not reflect the toxicity of
hydrogen sulfide in the vapor space of
a cargo tank or other packaging after the
crude oil has been in transportation.
They also noted that there are best
industry practices already in place that
address this issue and that the
Occupational Safety and Health
Administration (OSHA) has
requirements in place to communicate
the hazards of hydrogen sulfide in the
workplace. They supported other means
of hazard communication to ensure that
workers are aware of the hazards of
hydrogen sulfide such as a marking on
a bulk packaging.
D. IBC Rebottling
Under both the UN Model Regulations
and the HMR, replacement of the rigid
plastic receptacle of a composite IBC is
considered a ‘‘repair’’ under certain
conditions and, thus not subject to
design qualification testing as a new or
different design. The UN Model
Regulations were amended to specify
that a replacement bottle (i.e., rigid
plastic receptacle) must be of the
original tested design type and limits
the replacement to a bottle from the
original manufacturer. In the ANPRM,
we invited comments on this
amendment and how, if adopted into
the HMR, it would impact the use of
IBCs in domestic or international
commerce.
All commenters who addressed this
issue supported the adoption of the UN
Model Regulations definition of ‘‘repair’’
for IBC rebottling purposes. The
comments included a request for an
extended compliance date of January 1,
2012 to provide users and
manufacturers of composite IBCs
adequate time to implement the
provision and not place them at an
economic disadvantage with
international counterparts.
E. Metal Hydride Storage Systems in
Conveyances
A metal hydride storage system is a
single complete hydrogen storage
system that includes a receptacle, metal
hydride, a pressure relief device, a shutoff valve, service equipment, and
internal components. The HMR
currently do not prescribe specific
packaging or shipping methods for
metal hydride storage systems

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containing hydrogen. However, PHMSA
has issued a number of special permits
to allow the use of these systems for
transport. The UN Model Regulations,
in new Packing Instruction P205,
prescribe standards for the construction,
qualification, marking and
requalification of such systems. In the
ANPRM, PHMSA invited comments on
whether similar standards should be
adopted into the HMR. One commenter
supported adoption of the standards for
the construction, qualification, marking,
and requalification of metal hydride
storage systems containing hydrogen.
F. In Vitro Testing for Corrosivity
In 1993, RSPA began recognizing an
alternative test method (i.e., in vitro
testing commercially available as
Corrositex®), which is not carried out in
live animals, to determine the
corrosivity of a hazardous material for
transportation purposes under the terms
and conditions specified in a special
permit (DOT–SP 10904). Similar in vitro
test methods are prescribed in the
following Organization for Economic
Cooperation and Development (OECD)
Guidelines for the Testing of Chemicals
and were adopted in the UN Model
Regulations:
• No. 430, ‘‘In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance
Test (TER)’’ (2004);
• No. 431, ‘‘In Vitro Skin Corrosion:
Human Skin Model Test’’ (2004); and,
• No. 435, ‘‘In Vitro Membrane Barrier
Test Method for Skin Corrosion’’ (2006).
Because methods 430 and 431 can be
used to determine corrosivity for other
than transportation purposes, they
cannot be used to determine the Packing
Group (PG) assignment of a material that
tests positive for corrosivity for the
purposes of hazardous materials
transportation. A negative result for
corrosivity under methods 430 and 431
can, however, preclude further testing to
determine PG assignment using method
404, the current OECD Guideline
involving in vivo testing or method 435,
the newly adopted OECD Guideline
involving in vitro testing.
All commenters responding to the
ANPRM supported adoption and use of
the OECD in vitro test methods for
determining corrosivity on the basis of
reducing the number of tests requiring
live animals.
III. Comments Submitted in Response
to Noteworthy Harmonization
Amendments Proposed in the August
24, 2010 NPRM; the Final Rule
In our latest harmonization effort, we
received over 2,200 comments in
response to the NPRM (75 FR 52070,
August 24, 2010). The majority of the

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comments received were from
individuals in support of adoption of
corrosivity testing methods not based on
the results of live animal testing. The
following individuals, companies, and
organizations submitted comments to
the NPRM (in chronological order of
submittal). We note, however, that in
lieu of listing each individual
commenting, we have listed PETA as a
proxy for all comments received
supporting adoption of corrosivity
testing methods alternative to live
animal testing:
(1) R.R. Street & Co. (Street);
(2) Infotrac;
(3) Vanguard Logistics Services (VLS);
(4) Zebrowski, Department of Energy (DOE);
(5) 3M;
(6) The Japan Electrical Manufacturer’s
Association (JEMA);
(7) Andersen Products (Andersen);
(8) FedEx Express (FedEx);
(9) Saft America, Inc. (Saft);
(10) People for the Ethical Treatment of
Animals (PETA);
(11) Toshiba America Electronic
Components, Inc. (TAEC);
(12) Association of Hazmat Shippers, Inc.
(AHS);
(13) National Nuclear Security
Administration Service Center, DOE
(NNSA);
(14) Sporting Arms and Ammunition
Manufacturer’s Institute (SAAMI);
(15) Baker Hughes (Baker);
(16) Signa Chemistry, Inc. (Signa);
(17) Institute of Maker’s of Explosives
(IME);
(18) United Parcel Service (UPS);
(19) Titan Specialties, Ltd. (Titan);
(20) Human Focused Testing;
(21) American Veterinary Medical
Association (AVMA);
(22) Valspar;
(23) Utility Solid Waste Activities Group
(USWAG);
(24) Trulite, Inc. (Trulite);
(25) The Rechargeable Battery Association
(PRBA);
(26) American Petroleum Institute (API);
(27) American Coatings Association, Inc.
(ACA);
(28) BIC Corporation (BIC);
(29) American Trucking Associations
(ATA);
(30) Council on Safe Transportation of
Hazardous Articles, Inc. (COSTHA);
(31) Healthcare Distribution Management
Association (HDMA);
(32) Aviation Suppliers Association (ASA);
(33) Modification and Replacement Parts
Association (MARPA);
(34) International Vessel Operators
Dangerous Goods Association (IVODGA);
(35) TravelScoot, USA (Scoot);
(36) Dangerous Goods Advisory Council
(DGAC);
(37) Lilliputian Systems, Inc. (LSI);
(38) Department of Defense Explosives
Safety Board (ESB);
(39) Ensign-Bickford Aerospace & Defense
(EBAD)
(40) Safety Specialists, Inc. (SSI);

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(41) Owen Compliance Services, Inc. (OCS);
(42) Potomac Strategy Associates (PSA);
(43) Arkema, Inc. (Arkema);
(44) Association of American Railroads
(AAR);
(45) Air Line Pilots Association (ALPA);
(46) US Fuel Cell Council (USFCC);
(47) International Air Transport Association
(IATA);
(48) Alaska Airlines (AA);
(49) PPG Industries, Inc. (PPG); and
(50) Edgcomb Law Group (ELG).

A. Harmonization Amendments
Adopted in This Final Rule
In this final rule, PHMSA is adopting
the following amendments to harmonize
the HMR with the most recent revisions
to the UN Model Regulations, ICAO
Technical Instructions, and the IMDG
Code:
1. Petitions for Rulemaking
We are addressing one petition for
rulemaking, P–1550, from PETA
requesting that PHMSA incorporate by
reference OECD Guidelines 430, 431
and 435 into the HMR that prescribe in
vitro testing methods for determining
corrosivity.
2. Hazardous Materials Table (HMT)
Amendments to the HMT to add,
revise, or remove certain proper
shipping names, hazard classes, packing
groups, special provisions, packaging
authorizations, bulk packaging
requirements, passenger and cargo
aircraft maximum quantity limitations,
and vessel stowage provisions.

3311

5. Limited Quantities
We received a number of comments in
response to the limited quantity and
ORM–D classification amendments
proposed in the August 2010 NPRM.
Commenters can basically be
categorized into two groups: Those
supporting harmonization with the
international standards and regulations
for limited quantities and those in
opposition to the eventual elimination
of the ORM–D classification. The
remainder of the commenters offered
suggestions or revisions to clarify or aid
understanding of the proposed
amendments.
Those commenters generally
supporting harmonization of the limited
quantity provisions include:
Alaska Airlines;
American Coatings Association;
American Trucking Associations;
Association of Hazmat Shipper, Inc.;
Council on Safe Transportation of Hazardous
Articles, Inc.;
Dangerous Goods Advisory Council;
FedEx Express;
International Vessel Operators Dangerous
Goods Association;
PPG Industries, Inc.;
Sporting Arms and Ammunition
Manufacturers Institute, Inc.; and
United Parcel Service.

Those commenters opposing the
eventual elimination of the ORM–D
hazard classification include:

4. Incorporation by Reference

American Coatings Association;
Aviation Suppliers Association;
Healthcare Distribution Management
Association;
Modification and Replacement Parts
Association;
PPG Industries, Inc.;
Safety Specialists, Inc.;
Utility Solid Waste Activities Group; and
Valspar.

Amendments to incorporate by
reference the 2011–2012 ICAO
Technical Instructions, Amendment 35–
10 to the IMDG Code, sixteenth revised
edition of the UN Model Regulations
and the fifth revised edition of the UN
Manual of Tests and Criteria.
Additionally, we are updating our
incorporation by reference of the
Canadian Transportation of Dangerous
Goods Regulations to include
Amendment 6 (SOR/2008–34) February
7, 2008 (pertains to miscellaneous
amendments); and Amendment 7 (SOR/
2007–179) August 22, 2007 (pertains to
highway cargo tanks). This
incorporation by reference augments the
broad reciprocity provided in § 171.12
where the HMR allow the use of the
Canadian TDG Regulations under
certain conditions when transporting
hazardous materials to or from Canada
by highway or rail.

Due to the large number of
commenters and the variety of
comments provided, we outline
pertinent topic areas to better address
all the comments. The comments are
discussed and addressed as follows:
a. Air-specific requirements. In the
NPRM, we proposed to revise § 173.27
to add a new table outlining air
transport requirements for limited
quantity material including package
quantity limits consistent with the ICAO
Technical Instructions. The proposed
quantity limits for air transport differ
from the quantity limits for other
modes, which was a point of contention
for some commenters. Three
commenters (ACA, DGAC, SSI)
disagreed with the adoption of the
proposed package limits in the table and
one commenter (COSTHA) expressed
concern that the table is too broad. ACA
asserted:

3. Organic Peroxide Tables
Amendments to the Organic Peroxide
Tables to add, revise, or remove certain
hazardous materials and provisions.

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Introducing these limits will only frustrate
domestic transportation and introduce
unnecessary complexity into a fairly simple
process. In the coatings industry, air
shipments are not the norm and are only
used when there is some urgency or the
destination is a remote location. Requiring
different inner and outer packaging quantity
limits for air will eliminate the efficiency of
a ‘‘one size fits all LQ shipments’’ process.

SSI added:
Some materials that were ORM–D may not
be eligible to be shipped as limited quantity.
Most inner packagings have been severely
reduced. Isopropanol UN1219 (rubbing
alcohol) can be presently shipped in inner
containers up to 1 liter. Under the new Table
3 the inner container is reduced to 500
milliliter. This product is normally sold in
pints, quarts, and gallons. Quarts would not
be eligible for limited quantity air shipments.
This will require shippers to ship in UN
standard packaging, apply hazard class labels
and meet all other requirements for fully
regulated shipments.

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

We understand that more inner
packagings may be required of a
material authorized to be shipped as a
limited quantity by air. SSI used
Isopropanol as an example in their
comments where the inner packaging
quantity limits are reduced from 1 liter
to 500 milliliters for a Packing Group II
Class 3 (flammable liquid) when the
current limits of the HMR are compared
with the ICAO Technical Instructions.
SSI also stated that the product is sold
in pints, quarts and gallons. Currently
under the HMR, the gallon is ineligible
as a limited quantity. Under the
amendment proposed in the NPRM, the
gallon and quart would be ineligible for
air transport as a limited quantity.
However, because the outer packaging
quantity limit is 1 liter for a Packing
Group II Class 3 (flammable liquid), SSI
would just have to substitute 2 one-pint
inner packagings for a one-quart
container of product in the same
package.
DGAC reasoned:
The HMR limited quantity provisions
predate ICAO TI limited quantity provisions.
When limited quantity provisions were
introduced in the ICAO TI * * * on the basis
of existing U.S. limited quantity provisions,
additional limitations were included * * *
RSPA and PHMSA have, up until now, not
deemed it necessary to incorporate these
limitations in the HMR. The long intervening
period between when the limits were first
introduced in the ICAO TI and the present
suggests that it is unnecessary to adopt these
limits for the sake of harmonization. Further,
[we are] unaware of any new safety
information that would justify introducing
these limits at this time.

DGAC further argued:
Introducing these limits will serve to
frustrate domestic transportation. A key

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objective of * * * PHMSA has been to
provide multimodal harmonization * * * so
that the same package will essentially be
suitable by all modes of transportation. This
is currently true for limited quantity
packages * * * By introducing new limits, as
shown in the table referenced by proposed
§ 173.27(f), limited quantity packages
prepared for ground or sea transport may not
necessarily be suitable for air transport. Most
shippers commonly transport * * * limited
quantity packages by modes other than air.
Currently, with limited quantity package
requirements for all modes closely aligned,
transporting a limited quantity package is
relatively straightforward. If the limitations
on inner and outer package quantity limits
and new performance requirements are
introduced * * * it may be necessary to
repackage ground/sea limited quantity
packages for purposes of air transport. [We]
are unaware of any safety concerns that
would justify the imposition of these new
limitations.

Major differences already exist under
the HMR for the air transport of limited
quantities as compared to other modes.
For example, limited quantity and
consumer commodity inner packagings
containing liquids are subject to the
pressure differential capability
requirements in § 173.27(c).
COSTHA explained further confusion:
It is important for shippers to use the
§ 172.101 Table to determine eligibility for a
limited quantity * * * However, if one uses
only Table 3, the shipper may
inappropriately determine that a material is
eligible for shipment as a limited quantity.
For example, [c]hlorosilanes are not
permitted to be packaged in accordance with
limited quantity provisions * * * however,
[certain classes of PG II materials] (many
chlorosilanes fall into these classes) are
identified as having acceptable limits * * *
according to the § 173.27 Table 3. Given that
limited quantities is a source of confusion for
many shippers and carriers, this table does
less to clarify a point and more to confuse the
reader.

Section 173.27(f) clearly states that,
for transportation by aircraft, materials
packaged as limited quantities must be
eligible for transportation aboard a
passenger-carrying aircraft. In this final
rule, we are adding additional
clarification in § 173.27(f) to emphasize
this critical step in determining limited
quantity eligibility by also referring the
reader to Column (9A) of the HMT. As
stated in the NPRM, PHMSA is studying
the feasibility of revising the HMT to
further assist in determining limited
quantity eligibility by air or possibly by
all modes of transportation.
Two commenters (ASA, MARPA)
were critical of the nature of proposed
regulatory changes without an apparent
safety need, specifically with regard to
the limited quantity marking for air
transport consistent with the ICAO
Technical Instructions. The commenters

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argued that the constant changes make
compliance with the regulations
difficult. ASA and MARPA stated:
The 2009–2010 [ICAO TI] authorized
* * * the UN identification number in a
diamond shape [as] the mandatory way to
mark limited quantity packages starting in
2011 * * * Beginning in 2011, ICAO has
abandoned the marking protocols announced
in 2009, and established a new, different
identification protocol for identifying limited
quantities * * * Instead of placing the UN
identification number in the diamond shape,
shippers will be required to place a ‘‘Y’’ in the
diamond shape * * * There appears to be no
reason other than mere harmonization for the
sake of harmonization for adopting the ICAO
limited quantity marking. [The] marking
provides no additional value * * * because
many people in the United States system will
have no idea what the ‘‘Y’’ marking means
* * * Although ‘‘Y’’ is the letter that
precedes limited quantity packing
instructions in the ICAO system, the letter
‘‘Y’’ has no special meaning in the existing
United States Regulations.

b. Dual marking system. Support for
harmonization efforts including the
adoption of the square-on-point limited
quantity marking (i.e., the square-onpoint with top and bottom portions
black and the center white) generally
coincided with support for the eventual
elimination of the ORM–D classification
along with the ORM–D marking. The
basis for support was that this would
eliminate a dual system of marking
packages for domestic and international
transportation. With regard to
elimination of a dual marking system,
some commenters (AA, FedEx,
IVOGDA) indicated that a dual system
of marking creates confusion and
requires carriers and shippers to adjust
their training programs to account for
this dual system. They therefore
recommend PHMSA consider an earlier
implementation date than the proposed
January 1, 2013 date. AA added:
We encounter almost every day reused
boxes in the U.S. mail, passenger baggage, or
cargo shipments that have old ORM–D
marks. This takes considerable time to
inspect and causes frustration to the public
when non-hazardous shipments are denied
transportation because of a marking they do
not understand as an indication of hazardous
materials.

PHMSA notes that adoption of a new
limited quantity marking(s) may not
necessarily alleviate or eliminate use of
packaging premarked with the limited
quantity square-on-point for nonhazardous materials.
Notwithstanding the general
comments regarding dual marking,
several commenters offered suggestions
or revisions to improve or clarify the
proposed requirements. As part of the
NPRM, we authorized voluntary use of

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the limited quantity marking. UPS urged
PHMSA to delay voluntary use to allow
carriers time to develop appropriate
training in response to a final rule,
stating that:
In [our] experience, this kind of
authorization * * * can lead to practical
difficulties which in turn could have
compliance and safety implications * * *
Training in UPS will be needed to educate
U.S. package handlers of the meaning of the
limited quantity marking.

Additionally, on the basis of their
opposition to adoption of the air
transport requirements for limited
quantities consistent with the ICAO TI,
DGAC recommended that:
The ‘‘Y’’ package mark [proposed] in
§ 172.315 not be required * * * [and]
recommend that [PHMSA] allow permissive
use of the ‘‘Y’’ mark for all modes of transport
when the package meets the relevant
requirements of the ICAO TI.

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

We agree with the DGAC
recommendation that a ‘‘Y’’ marked
package in full conformance with the air
transport requirements for a limited
quantity package should be authorized
transportation by all modes and are
revising § 171.22 accordingly. However,
we do not agree with their suggestion
that the limited quantity ‘‘Y’’ mark be
voluntary. There are currently two
different ways to mark a package of
limited quantities in the HMR and a
third (four if counting packaged ORM–
D–AIR materials) would be very
disruptive. Therefore, in this final rule,
PHMSA is adopting the ‘‘Y’’ mark as
proposed and providing a transition
period to allow for the continued use of
existing markings until January 1, 2012.
c. Elimination of the ORM–D class.
Most commenters opposing the
elimination of the ORM–D classification
recommend using a separate rulemaking
to implement this proposal. Some
question whether the costs of
eliminating this classification have been
fully considered; others question
whether there is sufficient safety
justification to warrant replacing the
current domestic ORM–D provisions
with internationally harmonized
provisions. A sampling of comments
received follows. ACA argued:
Although [we] supported harmonization of
the limited quantities exceptions at the UN
discussions, [there was an] understanding
that the consumer commodity exception was
a separate issue * * * In the coatings and
adhesives industry, we are unaware of any
major incidents with consumer commodity
shipments. While PHMSA indicates that
‘‘aligning the existing limited quantity
provisions in the HMR with the international
standards will substantially enhance safety,’’
we question how this applies to the proposal
to eliminate ORM–D consumer commodities.

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Valspar asserted:
We believe PHMSA has overreached the
HM–215 harmonization process by proposing
* * * to eliminate the well-defined ORM–D
(Consumer Commodity) hazard class. We
believe any proposal * * * should not be
linked to the international harmonization
program. In several industry/regulatory
conferences it has been proposed that
Limited Quantity and Consumer Commodity
are synonymous. We do not agree with this
premise and strive to ensure that our
‘‘Consumer Commodities’’ meet the spirit and
HMR definition of ‘‘* * * intended or
suitable for sale through retail sales agencies
or instrumentalities for consumption by
individuals for purposes of personal care or
household use.’’ [We ship] many items under
Limited Quantity provisions that we do not
believe meet the ‘‘suitability’’ test and assert
there is an important distinction between the
two. We applaud PHMSA for clearly defining
the pathway to ORM–D through Limited
Quantity and Special Provision options and
can only imagine whether this can be
misused through other less clear regulation
* * * We challenge PHMSA to revisit the
assertion to Executive Order 12866 cited in
the HM–215K NPRM that only considers the
listed harmonization to be beneficial, with no
acknowledgement of the financial cost to
ORM–D shippers.

DGAC expressed concern that:
Eliminating the ORM–D classification and
package marking [will make it] that such
packages will no longer be excepted from the
§ 175.75 requirements for air transport. No
similar requirement applies under the ICAO
TI so * * * this change cannot be justified
on the basis of harmonization * * * [We
believe] PHMSA considers limited quantity
packages and currently classified ORM–D
packages as posing comparable hazard[s].
Consistent with that approach, we
recommend that PHMSA similarly except all
limited quantity packages from the § 175.75
requirements.

We agree with DGAC regarding
§ 175.75 quantity limits for limited
quantity packages and are revising the
section accordingly. Limited quantity
shipments will enjoy the same
exception from the § 175.75 quantity
limits as ORM–D–AIR materials
currently receive.
USWAG stated:
We believe elimination of the ORM–D
standards for transportation * * * will
disrupt longstanding shipping practices
while failing to provide commensurate safety
benefits.

The commenter also expressed
concern for downstream shippers who
have received ORM–D packages but can
no longer transport this package
beginning on the January 1, 2014
proposed compliance date. USWAG
encouraged PHMSA to implement a
phased-in approach that would
authorize downstream shippers (that do
not repackage these materials) to use

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3313

ORM–D provisions for an additional
period of time.
One commenter (HDMA) provided
information that the proposal as written
would impose significant cost on the
domestic transport of medicines and
other healthcare or consumer products.
HDMA members concluded that
compliance with the regulations would
require replacement of more than 10
million plastic totes embossed with the
ORM–D marking, costing members an
estimated $70 million to purchase new
totes with the new limited quantity
marking. HDMA is prepared to phase
out the use of totes with the ORM–D
marking but believes this should be
done over an extended period of time to
enable existing totes embossed with the
marking to be used over their lifetime.
HDMA stated:
PHMSA may not have recognized that
some industries rely on containers that are
embossed with the transport mark and hence
conversion to a new mark is considerably
more complicated than simply changing a
label.

Just as PHMSA has done in the past,
if there is merit to a particular segment
of the regulated community requiring a
longer transition period to be
considered, it shall be observed on a
case-by-case basis. In their comments,
HDMA did not indicate what a ‘‘normal’’
lifetime would be. In their defense,
however, they provided comments that
were quantified and directly related to
their concerns about the regulatory and
economic burden placed upon their
particular industry.
Finally, several commenters (e.g.,
COSTHA, FedEx) noted concern over
use of the ORM–D mark after the
transition period ends (i.e., beginning
January 1, 2014). The commenters
recommend that PHMSA clarify that at
the end of the transition period, a
package marked with the ORM–D mark
will no longer indicate that a packaging
contains a hazardous material (i.e., a
consumer commodity).
d. Conclusion. In the August 2010
NPRM, PHMSA outlined our
determination, partially based on our
perception of favorable comments
received in response to the ANPRM,
that aligning the existing limited
quantity provisions in the HMR with the
international standards and regulations
(i.e., UN Model Regulations, IMDG Code
and the ICAO TI) would enhance safety
by facilitating a single, uniform system
of transporting limited quantity
materials. We emphasized the proposals
did not include the immediate or shortterm removal of the existing provisions
in the HMR for limited quantities
reclassed as ORM–D (including those

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for consumer commodities, cartridges,
small arms and cartridges, power
device) and included a delayed
compliance period we believed was
sufficient in length to allow
stakeholders time to comply with the
transition to the revised limited quantity
requirements and eventual elimination
of the ORM–D classification.
Based on careful consideration of the
comments received in response to the
proposals made in the NPRM, PHMSA
is moving forward with a substantially
revised final rule that adopts the new
limited quantity provisions and the
eventual phase-out of the ORM–D
hazard class. This will implement a
standardized system for national and
international multimodal transportation.
The approach of deminimis quantities,
excepted quantities, limited quantities
and consumer commodities will all
have the same provisions and
requirements for international and
national transportation in a system that
will promote compliance, efficiency and
consistent training and lower costs after
implementation.
6. Classification of Certain Division 1.4S
Explosives
In the August 24, 2010 NPRM,
PHMSA stated it understood commenter
concerns that prescribing additional
tests usually results in increased
research and development costs.
PHMSA also acknowledged that it
believed there was merit to additional
prescribed tests when they result in a
credible and measureable increase in
safety. Consequently, in the NPRM we
proposed to require the phased-in
testing of all new and previously
approved Division 1.4S explosives
articles and substances, depending on
the intended mode of transport. For
newly produced explosive articles, a
person who successfully performs the
Type 6(d) test would not be required to
also perform the Type 6(a) test. PHMSA
believes such initiatives will greatly
reduce research and development costs
without compromising safety.
In the NPRM, PHMSA proposed to
adopt the requirement for the Type 6(d)
test as prescribed in Section 16.7 of the
fifth revised edition of the UN Manual
of Tests and Criteria in the new
§ 172.102(c)(1), special provision 347.
For affected articles (or substances)
intended for transportation by aircraft,
the proposed compliance date of this
new requirement was April 1, 2011. If
a manufacturer or approval holder of
affected articles that previously classed
and approved an article as Division 1.4S
chooses to continue offering such
shipments by aircraft, we proposed the
articles must be successfully tested

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under Test Series 6(d) and a new
approval be obtained from PHMSA.
Additionally, we proposed that a
previously classed and approved
Division 1.4S article that is not
successfully tested under Test Series
6(d) must be assigned to a compatibility
group other than ‘‘S’’ (e.g., B, C, or D)
prior to the April 1, 2011 compliance
date if intended for transportation by
aircraft on or after that date. PHMSA
also proposed that the effective date of
testing to maintain Division 1.4S
classification or reassignment to a
higher compatibility group other than
‘‘S’’ be no later than January 1, 2014 for
Division 1.4S articles approved prior to
January 1, 2012 and are intended for
domestic highway or rail transportation.
For previously-approved affected
articles transported by highway, rail and
vessel, reassignment to a compatibility
group other than ‘‘S’’ may be
accomplished by using existing data
and, when recommended by an
authorized examination and testing
agency, approved by PHMSA. For
international highway, rail and vessel
transportation, the effective date of Type
6(d) testing requirements or
reassignment for new and previously
produced affected articles would be
January 1, 2012 (i.e., the compliance
date of a final rule under this docket, if
adopted as proposed).
A number of commenters (Baker,
EBAD, ESD, IME, Infotrac, NNSA, OCS,
SAAMI, and Titan) addressed our
proposal to adopt the Type 6(d) test and
associated requirements. Several
commenters expressed support for
comments submitted by IME and
requested that PHMSA give
consideration to their comments. Thus,
our response to comments will
primarily be structured based on the
comments IME submitted.
a. Compliance dates (i) Air transport.
IME expressed concern that the
proposed compliance date for Type 6(d)
testing to determine Division 1.4S
classification for materials to be
transported by air precedes the
compliance date for the rulemaking in
general. IME stated:
The ‘‘compliance date of a final rule under
this docket’’ will be January 1, 2012.
Simultaneously, however, the proposal
establishes a compliance date for
transportation by aircraft of April 1, 2011.
Accordingly, the compliance date for an
individual mode regulated under the rule
would precede the compliance date for the
rule itself, rendering the April 1, 2011
compliance date both unreasonable and
unenforceable.

We disagree. As general policy,
PHMSA implements a one-year
transition period for international

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harmonization rulemakings. Thus, we
typically publish a rulemaking under
the HM–215 docket to be effective
January 1 of a given year (to coincide
with international effective dates) and
require compliance one year later to
afford stakeholders the opportunity to
prepare for compliance. PHMSA is not
bound to the one year transition period
and has discretion to institute an earlier
compliance date when circumstances
warrant. The implementation of this
requirement was viewed to be
significant by the ICAO Dangerous
Goods Panel and an emergency
addendum was requested from the Air
Navigation Commission. Preventing the
transportation of an explosive article
with the ability to exit its packaging that
could result in collateral damage on a
passenger aircraft was determined to be
an immediate safety concern and was
implemented on very short notice for
international air transportation.
Therefore, because of concern for the
safety in transport of these articles by air
and to affect a transition for
international air transport with minimal
disharmony in compliance dates (the
Type 6(d) test is required under ICAO
Technical Instructions as of January 1,
2011), we proposed to implement the
April 1, 2011, compliance date for Type
6(d) testing for transport by aircraft.
IME also expressed concern that the
proposed compliance date of April 1,
2011 for air transport is unattainable.
IME stated further:
[T]hat PHMSA’s internal policy establishes
a 120-day review period for processing
approvals * * *. [W]e have determined that
in order to meet the April 1, 2011 compliance
deadline for air transportation, approval
applicants planning to continue shipping by
air would have to ensure that all required
testing is completed and the results
submitted to PHMSA by December 2, 2010.
The required testing must be performed or
witnessed by ‘‘an authorized examination and
testing agency approved by PHMSA.’’ On
average, the lead time required to schedule
testing with a PHMSA-approved laboratory is
six weeks. An additional two weeks would
then be required for testing the laboratory to
perform the required tests and generate a
report * * *. Accordingly, applicants
intending to meet the April 1, 2011 deadline
would have [had to] finalize arrangements
with the testing laboratories by October 4,
2010—twenty-one days prior to the close of
the public comment period * * *. Given the
impossibility of timely compliance, the
proposed April 1, 2011 date will function not
as a compliance deadline, but as an
automatic prohibition on [of] air transport of
the affected 1.4S articles.

PHMSA acknowledges the strict
compliance timeline proposed for the
air transport of affected articles and
substances. We note, however, that the
PHMSA imposed 120-day period for

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processing of approvals is not a
minimum time period but general
guidance for estimating the time period
to review and process an approval
application dependent on multiple
factors such as the complexity of an
application or errors in its submittal.
The approval process may take less than
120 days and routinely does.
Additionally, PHMSA’s Approvals and
Permits Division recently streamlined
the explosive approval process to
accommodate an influx of approval
requests based on adoption of Type 6(d)
test prescribed in this rulemaking.
Finally, shippers are not constrained to
the use of domestic laboratories
approved by PHMSA but may utilize the
resources of laboratories under the
umbrella of other competent authorities
(e.g., Transport Canada). However, given
the strict timeline proposed in the
August 2010 NPRM, the significant
number of approval applications we
expect to receive, and the potential for
delays at authorized testing laboratories
attempting to accommodate the volume
of testing or reclassification requests, we
are extending the compliance date for
air transport to July 1, 2011.
(ii) Vessel transport. IME noted our
failure to indicate a compliance date for
domestic vessel transportation. We
agree. Our intent was to implement a
compliance date that coincides with the
effective date of the IMDG Code
requirement for the Type 6(d) test
(January 1, 2012). Therefore in this final
rule, we will require the Type 6(d) test
for Division 1.4S classification
beginning January 1, 2012 for both
domestic and international vessel
transportation.
(iii) Modal variability. IME expressed
concern that the varying compliance
dates for air transport (proposed April 1,
2011), international highway, rail, and
vessel (domestic and international)
(proposed January 1, 2012), and
domestic highway and rail (proposed
January 1, 2014) will result in confusion
and unintentional noncompliance with
specific regard to downstream
customers. IME reasoned:
The customer has no way of knowing that
the manufacturer ships only domestically [by
highway] and has not, therefore, reclassified
the product to meet the earlier compliance
date for international transport. This leads to
unintentional noncompliance by the
downstream customer * * *. We recommend
that PHMSA promulgate a single compliance
date for all modes and for domestic and
international transportation.

We disagree. Unawareness of a
requirement cannot be used as a defense
for non-compliance. Downstream
customers or shippers may utilize a
number of resources to determine

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whether an explosive article or
substance subject to the Type 6(d) test
has been successfully tested. For
example, they can obtain a copy of the
approval issued by PHMSA.
Additionally, it is the shipper’s
responsibility to properly class and
describe a material (see § 173.22) and to
be trained on any applicable
requirements (see § 172.704) of the
HMR. That said, the Approvals and
Permits Division will issue guidance to
all current approval holders for affected
Division 1.4S articles and materials to
provide detailed instruction on the new
requirement for Type 6(d) testing. This
will include issuing new or amended
approvals indicating whether a Type
6(d) test has been successfully
conducted which can then be used by
downstream customers and shippers to
aid in transport decision-making.
b. Testing requirements. (i) Selftesting. In response to the ANPRM, IME
recommended allowing self-testing and
video documentation for articles
previously approved as Division 1.4S.
IME continued to assert that testing
requirements for previously approved
articles not be overly broad and
questioned why this recommendation
was not addressed even though PHMSA
specifically acknowledged IME’s
comments in the NPRM. IME reiterated:
Providing manufacturers with the option to
self-test is an effective means of ensuring
reasonable application of the new test.
Additionally, allowing self-testing of already
approved explosives articles will assist
industry in minimizing the financial impact
of implementation of a new test on already
approved, safely transported, explosives.

We disagree. PHMSA believes a
uniform process for testing using the
Type 6(d) test to determine Division
1.4S classification is the best approach
and we do not believe incorporating
variability into the process by allowing
self-testing and video-documentation for
already approved articles complements
this approach. PHMSA understands the
need to facilitate any possible cost
reduction regarding the application of
this new testing requirement. We also
maintain, however, that in the interest
of uniform safety standards under the
HMR, requiring that testing be observed
or conducted by a PHMSA-approved
laboratory is the best approach. This
approach will not be codified in the
HMR but rather will be incorporated
into the explosives approval process as
specified in § 173.56 of the HMR.
(ii) Clarification of NPRM preamble.
Certain phrases and terms were used in
the August 2010, NPRM which have
caused confusion. We would like to
clarify. Regarding the phrase
‘‘incremental testing,’’ use of the phrase

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3315

refers to the staggered compliance dates
depending on the mode of transport or
domestic/international transport and
does not indicate differences in
reclassification testing. We are removing
any reference to this phrase in the
preamble to this final rule to avoid
further confusion. Regarding the term
‘‘design,’’ as in ‘‘previously approved
designs,’’ the term was meant to signify
individual explosives articles or
substances. We are also deleting any use
of this term in the preamble to this final
rule to avoid any ambiguity in the use
of the term.
(iii) Modal difference. In response to
our proposed implementation of the
new testing requirement for Division
1.4S classification, IME objected to any
varying testing criteria tied to the
intended mode of transport, stating:
Such action is not consistent with the UN
classification system; additionally, an
explosive’s reaction to stimuli is not affected
by the mode of transport. PHMSA offers no
rationale for excluding the use of existing test
data for the reclassification of articles
intended for air transport, and the distinction
would inevitably result in confusion and
unintended noncompliance in the regulated
community.

We agree that there should be uniform
testing criteria across all modes. We
apologize for the lack of clarity in
implementation of this new testing
requirement and will clarify further in
the following section (c) discussion of
our implementation of the Type 6(d)
test.
(iv) Laboratory recommendation. For
previously approved articles, we
proposed to allow reassignment to a
compatibility group other than ‘‘S’’ using
existing data and when recommended
by a PHMSA-approved laboratory. IME
did not support the proposal to require
a recommendation from a PHMSAapproved laboratory where a previously
approved article is being reassigned.
IME argued:
Inability to successfully pass the new Type
6(d) test does not invalidate the original
laboratory tests and recommendation[s] that
were previously sufficient to attain 1.4S
classification. Accordingly, there is no
rational basis for requiring a laboratory
recommendation to support a downgrade in
classification. A laboratory recommendation
should only be required where the original
classification is not supported by laboratory
testing and a corresponding recommendation
* * * [W]e are also concerned that if the
proposal is promulgated as drafted, some
testing laboratories may be reticent to issue
the required recommendation solely on the
basis of existing test data, and may require
new testing.

We appreciate the concerns presented
by IME. Again, we apologize for any
lack of clarity in implementing this new

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provision. As indicated previously, our
Approvals and Permits Division will be
issuing guidance and instruction on
testing or reclassification of previously
approved Division 1.4S articles or
substances. As part of that instruction
and in order to alleviate any potential
problems from laboratories being
reticent to provide a recommendation
based on existing data, the Approvals
and Permits Division will be providing
guidelines to laboratories for which
types or batches of already approved
articles and substances should be
reclassed into which type of
downgraded compatibility group.
c. Implementation of the Type 6(d)
test in the explosives approval process.
As IME accurately summarized in its
comments, there are three categories of
explosive articles or substances affected
by the test requirement: (1) Previously
approved Division 1.4S articles that will
pass the Type 6(d) test; (2) previously
approved Division 1.4S articles that will
not pass the Type 6(d) test and therefore
need to be reassigned to a more
conservative compatibility group other
than ‘‘S’’; and (3) new explosive articles
for which Division 1.4S classification
must be determined through successful
Type 6(d) testing. All explosive articles
affected by the Type 6(d) test
requirement fit into these three
categories regardless of the mode of
transport. The compliance date for
affected articles is dependent upon the
intended mode of transport and whether
they are to be transported domestically
or internationally. Beginning January 1,
2012, any new explosive articles must
be successfully subjected to the Type
6(d) test to determine whether Division
1.4S classification is appropriate.
However, for a new explosive material
intended for transport by aircraft, the
compliance date for successful Type
6(d) testing is no later than July 1, 2011.
For existing approved Division 1.4S
articles intended for transport by air,
successful Type 6(d) testing is also
required no later than July 1, 2011;
otherwise, the articles must be
reassigned to another compatibility
group and a new approval issued by
PHMSA prior to being offered for
transportation or transported by aircraft.
Beginning January 1, 2012, existing
approved Division 1.4S articles
intended for international transport by
highway, rail, or vessel and for domestic
transport by vessel, successful Type 6(d)
testing is required; otherwise, the
articles must be reassigned to another
compatibility group and a new approval
issued by PHMSA prior to being offered
for transportation. Finally, for existing
approved Division 1.4S articles

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intended for domestic transportation by
highway or rail, successful testing or
compatibility group reassignment is
required beginning January 1, 2014.
We realize the intended mode of
transport may change as markets change
and evolve but staggered compliance
dates we believe are necessary in order
to provide sufficient time to
manufacturers, shippers, PHMSAapproved laboratories, and our
Approvals and Permits Division to
accommodate the number of approved
Division 1.4S articles that will need
testing or reclassification as well as
attempting to allay some of the costs to
manufacturers who only transport by
domestic highway or rail.
d. Federal considerations. Two
commenters (ESB, NNSA) within the
Department of Defense and Department
of Energy, respectively, objected to the
Type 6(d) test requirement for
previously approved Division 1.4S
explosive material based on cost and
logistical concerns. NNSA noted:
[M]ore significant than the added costs, are
the limited testing assets available necessary
to complete testing by the prescribed
deadline in the NPRM. [We do not] recognize
the need to conduct UN Test Series 6(d)
testing on all future permanent hazard
classification requests as specified in the
NPRM.

ESB added:
[We object to] with applying the test Type
6(d) for articles previously classified. DOD
has been assigning classifications using a
methodology that includes assessing
projections, fireballs, and jets of flame from
unconfined initiation testing. DOD would
consider this methodology as equivalent
testing and criteria for the assignments of the
eight Divisions 1.4 explosive [a]rticles. The
DOD [has] not noted any transportation
issues with the 378 articles assigned these
UN numbers * * * Conducting test Type
6(d) for the 378 articles would take a
considerable amount of time without any
credible or measurable increase in safety
* * * Reclassifying * * * by reassigning
CGs other than S is also not a viable option
due to the complexity of DOD logistics.
Consolidating, and remarking each shipping
container located at strategic positions
around the world for [defense purposes]
would be costly, time consuming and
potentially have little safety improvements.

ESB recommended adding a
grandfathered exception or issuing a
special permit for previously approved
DOD Division 1.4S material. We
acknowledge concerns by Federal
agencies regarding costs and time
constraints in the interest of national
security. We are currently working
directly with potentially affected
government stakeholders to remedy
concerns regarding implementation of

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the new requirement for the Type 6(d)
test on such entities.
7. Classification of Sour Crude Oil
PHMSA agreed with comments
submitted in response to the October
2009 ANPRM that a new proper
shipping name is not necessary and that
there are more appropriate ways to
communicate the potential inhalation
hazard risk to transport workers.
Therefore, in the August 2010 NPRM,
PHMSA proposed to adopt the new
proper shipping name found in the UN
Model Regulations—‘‘Petroleum sour
crude oil, flammable, toxic’’—with the
letter ‘‘I’’ in Column (1) of the HMT
indicating that this description is
appropriate for use during international
transportation. However, PHMSA did
not propose to require use of the new
proper shipping name for domestic
transportation. PHMSA did propose that
a new marking be applied to bulk
packagings containing sour crude oil to
communicate the potential inhalation
risk in transportation.
Three commenters (API, ATA, DGAC)
opposed our proposed requirements as
ill-conceived and impractical and had
concerns with the new marking. They
believe the new marking is not
necessary based on industry best
practices already in place. One
commenter (AAR) sought clarification of
rail carrier requirements in relation to
the proposed marking requirement.
Although the commenters opposed our
proposed requirements, they strongly
support hazard communication
processes and procedures to protect
employees, the public and the
environment from any unreasonable risk
of danger from hydrogen sulfide gas.
API noted:
Cargo specific testing of individual
packages upon loading, followed by the
required identification, classification,
packaging selection, marks, labels, placards,
and documentation process is impractical.
The physical and chemical criteria of the DG/
HazMat define the basic shipping
information * * * The preparation of
shipping information and selection of
packagings is typically done well in advance
of loading on the basis of known, reliably
measured, physical and chemical criteria of
the materials being transported. When a wide
range of the test results is possible, the DG/
HazMat classifiers generally utilize the most
conservative data to develop the basic
shipping information * * * It is impossible
to predict the concentration of H2S in the
head space vapors evolving from liquid
petroleum crude oils. There is not [a]
standardized test, statistical correlation, or
known methodology to do this * * *
Without a reliable, proven methodology, any
attempt to develop a classification process
regarding potential, future H2S vapor space
concentrations is unrealistic * * * API could

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
support the use of a differentiated graphic,
unique in communicating the potential H2S
vapor [but any] such mark should be
considered voluntary and not mandated
* * *. Companies should be allowed the
flexibility in choosing an option that works
best for their operations.

DGAC added:
[W]e are concerned that providing a
warning for select crude oils may result in
decreased vigilance when other substances
also posing a potential hydrogen sulfide risk
are handled * * *. If * * * PHMSA
maintains that a mark is still necessary, we
recommend that the applicability of any
marking be limited to cargo tank truck
operations * * * PHMSA should allow the
warning to appear in the vicinity of the
loading/unloading operation or on the
vehicle at the loading location. This would
avoid the need to add and remove the mark
from the cargo tank truck * * * We consider
the proposed GHS poison mark to be
inappropriate * * * Applying the PHMSA
proposed mark on crude oil tanks that do not
meet the inhalation toxicity criteria results in
a hazard communication conflict which
should and can be avoided * * *. Should
PHMSA maintain a warning is needed, we
recommend a warning sign in English that
conveys the message that there is a potential
hydrogen sulfide hazard. An example could
be * * * ‘‘Danger, Possible Hydrogen Sulfide
Inhalation Hazard,’’ * * * [to be possibly]
supplemented by pictograms.

ATA expressed concerns that:

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Not every load of sour crude will form
hydrogen sulfide during transportation,
which will require carriers to repeatedly affix
and remove markings * * * If carriers are
required to repeatedly alter marking
requirements, issues of employee safety from
climbing on top of tank trucks as well as
economic issues * * * must be better
understood. [We] recommend that the
warning be located at the loading or
unloading facility rather than on the tank
truck or other bulk container.

We agree in part with the comments.
We continue to maintain that there is a
safety risk to hazmat employees that
may become exposed to hydrogen
sulfide vapor in proximity to openings
on packagings during a loading or
unloading operation due to elevated
concentrations of hydrogen sulfide
vapors. We do not believe this risk is
limited to cargo tank motor vehicles. It
may be that the primary mode of
transportation for petroleum crude oil is
by cargo tank motor vehicle, but we also
continue to maintain that any proposed
requirement should apply to all bulk
packagings as we believe this risk may
be present in any packaging with a bulk
quantity of petroleum crude oil.
PHMSA agrees with commenters who
have stated that a hazard warning
statement specific to hydrogen sulfide
gas on bulk packagings would provide
for appropriate communication of the

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risk of potential exposure to such gas.
PHMSA notes that such a marking is
both specific to the gas and aligns with
corresponding warnings currently
employed in practice on the shipping
documentation. Therefore, in this final
rule, PHMSA is amending the marking
requirement originally proposed to
provide more flexibility to shippers and
carriers by allowing a text warning such
as ‘‘Danger, Possible Hydrogen Sulfide
Inhalation Hazard’’ on bulk packagings
containing sour crude to communicate
the potential inhalation risk in
transportation. See Section 172.327 for
a discussion of the new marking
requirements.
8. IBC Rebottling
In the NPRM, PHMSA proposed to
adopt the revised definition of ‘‘repair’’
for composite IBCs consistent with
international standards. To specifically
address commenters’ concerns, PHMSA
noted that any proposed compliance
date would be no earlier than January 1,
2012, thus providing ample time to
comply with the new IBC requirement.
We did not receive any additional
comments in response to the NPRM.
Therefore, in this final rule we are
adopting the revised definition of
‘‘repair’’ of an IBC as proposed. See
Section 180.350 for a discussion of the
revised requirement.
9. Metal Hydride Storage Systems in
Conveyances
In the August 2010 NPRM, PHMSA
proposed to adopt the standards for the
construction, qualification, marking and
requalification of hydrogen in metal
hydride storage systems adopted in the
UN Model Regulations. We did not
receive any additional comments in
response to the NPRM. Therefore, in
this final rule we are adopting the
requirements as proposed. See Section
173.311 for a discussion of requirements
for hydrogen in a metal hydride storage
system.
10. In Vitro Testing for Corrosivity
Based on the overwhelming support
for adoption into the HMR, in the NPRM
PHMSA proposed to adopt and
authorize the use of the OECD in vitro
methods. We received over 2,200
comments additional to that received
from PETA, in response to the NPRM
supporting the adoption of in vitro
testing methods to determine corrosivity
and urging PHMSA to stop the
requirement for use of methods based
on live animal testing. Therefore, in this
final rule we are adopting the OECD in
vitro testing methods as proposed. See
Section 173.137 for further discussion of
such methods.

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3317

B. Harmonization Amendments Not
Considered for Adoption in This Final
Rule
This final rule makes changes to the
HMR based on amendments made in the
UN Model Regulations (sixteenth
revised edition), IMDG Code
(Amendment 35–10) and the ICAO
Technical Instructions (2011–2012),
which becomes effective January 1, 2011
(the IMDG Code is effective January 1,
2012). We are not, however, adopting all
the amendments made to the various
international standards into the HMR. In
many cases, we have not adopted
amendments to the international
recommendations and regulations
because the framework or structure of
the HMR makes adoption unnecessary.
In other cases, we have handled, or will
be handling, the amendments in
separate rulemaking proceedings.
One of the goals of this rulemaking is
to continue to maintain consistency
between the HMR and the international
requirements. We are not striving to
make the HMR identical to the
international regulations, but rather to
remove or avoid potential barriers to
international transportation.
Below is a listing of those significant
amendments to the international
regulations that we are not adopting in
this final rule, with a brief explanation
of why the amendment was not
included:
1. Requirements for Radioactive
Materials
In the NPRM, we did not propose to
adopt provisions pertaining to the
transportation of Class 7 (radioactive)
materials into the HMR. Amendments to
requirements pertaining to the
transportation of Class 7 (radioactive)
materials are based on changes
contained in the International Atomic
Energy Agency (IAEA) publication,
‘‘IAEA Safety Standards: Regulations for
the Safe Transport of Radioactive
Materials.’’ Due to their complexity,
these changes are being addressed in a
separate rulemaking.
2. Requirements for Lithium Batteries
PHMSA published an NPRM under
Docket HM–224F (75 FR 1302, January
11, 2010) that proposed to adopt
provisions to ensure all lithium batteries
are packaged properly to reduce the
possibility of damage to lithium
batteries that could lead to a
catastrophic incident, and to minimize
the consequences of an incident should
one occur. In addition, PHMSA
proposed to require lithium battery
shipments to be accompanied by hazard
communication that ensures appropriate

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and careful handling by air carrier
personnel, including the flight crew,
and informs both transport workers and
emergency response personnel of
actions to be taken in an emergency.
The NPRM, which PHMSA developed
in close coordination with our
colleagues in the Federal Aviation
Administration, is the latest in a series
of actions PHMSA has taken to address
the very serious risks posed by lithium
batteries in transportation. The NPRM
included proposed revisions to the HMR
that were based on lithium battery
provisions in the sixteenth revised
edition of the UN Model Regulations.
Therefore, except for wheelchairs
powered by lithium ion batteries, we are
not adopting new provisions pertaining
to the transportation of lithium cells and
batteries in this rulemaking. The docket
for the lithium battery rulemaking can
be found elsewhere at http://
www.regulations.gov under PHMSA–
2009–0095.
We note that a number of commenters
objected to our inclusion of limitations
on the stowage of lithium batteries in
§ 175.75 of the HMR and strongly urged
that the limitations be removed from
this rulemaking and addressed in a
separate lithium battery rulemaking
such as HM–224F. We agree. All
reference to lithium batteries in our
revisions to § 175.75 are removed from
this rulemaking.
3. Requirements for Air Packaging

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We are not adopting provisions
pertaining to certain packagings offered
for transportation by aircraft under this
rulemaking. PHMSA is considering
certain amendments to the HMR related
to requirements for the packaging of
hazardous materials intended for
transportation by aircraft under a
separate docket (HM–231A). These
would include amendments based on
the reformatted packing instructions in
the 2011–2012 ICAO Technical
Instructions. PHMSA published an
ANPRM (73 FR 38361, July 7, 2008) and
an NPRM (75 FR 27273, May 14, 2010)
related to combination packaging
standards offered in air transportation.
See http://www.regulations.gov under
PHMSA–2007–29364 for more
information.
IV. Section-by-Section Review
Following is a section-by-section
review of the amendments in this final
rule:
Part 171
Section 171.7
The ‘‘National Technology Transfer
and Advancement Act of 1996’’ directs

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agencies to use voluntary consensus
standards. According to the Office of
Management and Budget (OMB)
Circular A–119, ‘‘Federal Participation
in the Development and Use of
Voluntary Consensus Standards and in
Conformity Assessment Activities,’’
government agencies must use
voluntary consensus standards
wherever practical in the development
of regulations. Agency adoption of
industry standards promotes
productivity and efficiency in
government and industry, expands
opportunities for international trade,
conserves resources, improves health
and safety, and protects the
environment.
To these ends, PHMSA actively
participates in the development and
updating of consensus standards
through representation on more than 20
consensus standard bodies. PHMSA
regularly reviews updated consensus
standards and considers their merit for
inclusion in the HMR.
Section 171.7 lists all materials
incorporated by reference (IBR
materials) into the HMR. For this
rulemaking, we evaluated updated
international consensus standards and
regulations pertaining to proper
shipping names, hazard classes, packing
groups, special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements and determined that the
revised standards provide an enhanced
level of safety without imposing
significant compliance burdens. These
materials have a well-established and
documented safety history. Their
adoption maintains the high safety
standard currently achieved under the
HMR.
Some commenters (IATA, PRBA, Saft)
indicated concern that the fifth revised
edition of the UN Recommendations on
the Transportation of Dangerous Goods,
Manual of Tests and Criteria (UN
Manual) was not included among the
IBR materials to be updated and suggest
that PHMSA include the document.
We agree. PHMSA proposed to
incorporate by reference the fifth
revised edition of the UN Manual under
docket HM–224F published January 11,
2010 (75 FR 1302) because the revised
version of the manual contained
updated tests for lithium cells and
batteries. However, that rulemaking will
have an effective date later than this
final rule. This rule contains provisions
regarding new test requirements for
other materials (e.g., explosives) that are
found in the updated edition of the UN
Manual making it necessary for us to
incorporate by reference the fifth
edition. Therefore, we are including the

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updated fifth revised edition of the UN
Manual and updating the IBR materials
referenced in the HMR by adding and
revising material under the following
organizations:
• The American Society for Testing
and Materials (ASTM)
Æ ASTM D56–05, Standard Test
Method for Flash Point by Tag Closed
Tester (Referenced in
§ 173.120(c)(1)(i)(A); Added to § 171.7).
Æ ASTM D86–07a, Standard Test
Method for Distillation of Petroleum
Products at Atmospheric Pressure
(Referenced in § 173.121; Added to
§ 171.7).
Æ ASTM D93–08, Standard Test
Methods for Flash Point by PenskyMartens Closed Cup Tester (Referenced
in § 173.120(c)(1)(ii)(A); Added to
§ 171.7).
Æ ASTM D1078–05, Standard Test
Method for Distillation Range of Volatile
Organic Liquids (Referenced in
§ 173.121; Added to § 171.7).
Æ ASTM D3278–96(2004)e1, Standard
Test Methods for Flash Point of Liquids
by Small Scale Closed-Cup Apparatus
(Referenced in §§ 173.120(c)(1)(i)(B) and
173.120(c)(1)(ii)(B); Added to § 171.7).
Æ ASTM D3828–07a, Standard Test
Methods for Flash Point by Small Scale
Closed cup Tester (Referenced in
§ 173.120(c)(1)(i)(C); Added to § 171.7).
• The International Civil Aviation
Organization (ICAO) Technical
Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO
Technical Instructions), 2009–2010
Edition is revised to incorporate 2011–
2012 Edition.
• The International Convention for
the Safety of Life at Sea, 1974, as
amended (SOLAS) Amendments 2002,
Chapter II–2/Regulation 19,
Consolidated Edition 2004 is revised to
incorporate the 2009 Edition.
• The International Maritime
Organization (IMO) International
Maritime Dangerous Goods Code, 2008
Edition, Incorporating Amendment 34–
08, English Edition, Volumes 1 and 2 is
revised to incorporate Amendment 35–
10.
• The International Organization for
Standardization (ISO)
Æ ISO 1516:2002(E), Determination of
flash/no flash—Closed cup equilibrium
method (Referenced in § 173.120;
Added to § 171.7).
Æ ISO 1523:2002(E), Determination of
flash point—Closed cup equilibrium
method (Referenced in § 173.120;
Added to § 171.7).
Æ ISO 2592:1973(E), Petroleum
products—Determination of flash and
fire points—Cleveland open cup method
(Revised to incorporate the 2000
Edition).

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
Æ ISO 2719:2002(E), Determination of
flash point—Pensky-Martens closed cup
method (Referenced in § 173.120;
Added to § 171.7).
Æ ISO 3405:2000(E), Petroleum
products—Determination of distillation
characteristics at atmospheric pressure
(Referenced in § 173.121; Added to
§ 171.7).
Æ ISO 3679:2004(E), Determination of
flash point—Rapid equilibrium closed
cup method (Referenced in § 173.120;
Added to § 171.7).
Æ ISO 3680:2004(E), Determination of
flash/no flash—Rapid equilibrium
closed cup method (Referenced in
§ 173.120; Added to § 171.7).
Æ ISO 3924:1999(E), Petroleum
products—Determination of boiling
range distribution—Gas chromatography
method (Referenced in § 173.121;
Added to § 171.7).
Æ ISO 4626:1980(E), Volatile organic
liquids—Determination of boiling range
of organic solvents used as raw
materials (Referenced in § 173.121;
Added to § 171.7).
Æ ISO 4706:2008(E), Gas cylinders—
Refillable welded steel cylinders—Test
pressure 60 bar and below (Referenced
in § 178.71; Added to § 171.7).
Æ ISO 10297:1999, Gas cylinders—
Refillable gas cylinder valves—
Specification and type testing, First
edition, May 1999, (E) (Revised to
incorporate 2006 Edition).
Æ ISO 10461:2005, Gas cylinders—
Seamless aluminum-alloy gas cylinders,
Periodic inspection and testing, Second
edition, February 2005, (E) (Revised to
incorporate Amendment 1 (2006)).
Æ ISO 10692–2:2001(E), Gas
cylinders—Gas cylinder valve
connections for use in the microelectronics industry—Part 2:
Specification and type testing for valve
to cylinder connections (Referenced in
§ 173.40; Added to § 171.7).
Æ ISO 13736:2008(E), Determination
of flash point—Abel closed-cup method
(Referenced in § 173.120; Added to
§ 171.7).
Æ ISO 16111:2008(E), Transportable
gas storage devices—Hydrogen absorbed
in reversible metal hydride (Referenced
in §§ 173.311 and 178.71; Added to
§ 171.7).
Æ ISO 18172–1:2007(E), Gas
cylinders—Refillable welded stainless
steel cylinders—Part 1: Test pressure 6
MPa and below (Referenced in § 178.71;
Added to § 171.7).
Æ ISO 20703:2006(E), Gas cylinders—
Refillable welded aluminum-alloy
cylinders—Design, construction and
testing (Referenced in § 178.71; Added
to § 171.7).
• Organization for Economic
Cooperation and Development (OECD)

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Æ Guidelines for the Testing of
Chemicals, Test Guideline 404, Acute
Dermal Irritation/Corrosion (1992)
(Revised to incorporate 2002 edition).
Æ Guidelines for the Testing of
Chemicals, Test Guideline 430, In Vitro
Skin Corrosion: Transcutaneous
Electrical Resistance Test (TER) (2004)
(Referenced in § 173.137; Added to
§ 171.7).
Æ Guidelines for the Testing of
Chemicals, Test Guideline 431, In Vitro
Skin Corrosion: Human Skin Model Test
(2004) (Referenced in § 173.137; Added
to § 171.7).
Æ Guidelines for the Testing of
Chemicals, Test Guideline 435, In Vitro
Membrane Barrier Test Method for Skin
Corrosion (2006) (Referenced in
§ 173.137; Added to § 171.7).
• Transport Canada, Transportation
of Dangerous Goods Regulations,
including Clear Language Amendments
1 through 5 (Revised to add SOR/2008–
34 (Amendment 6; February 7, 2008) in
its entirety and SOR/2007–179
(Amendment 7; July 31, 2007)).
• The United Nations
Recommendations on the Transport of
Dangerous Goods, Model Regulations,
fifteenth revised edition (2007),
Volumes I and II (Revised to incorporate
the sixteenth revised edition).
• The United Nations
Recommendations on the Transport of
Dangerous Goods, Manual of Tests and
Criteria, fourth revised edition, (2003),
and Addendum 2 (2004). (Revised to
incorporate the fifth revised edition).
Section 171.8
This section defines terms generally
used throughout the HMR that have
broad or multi-modal applicability. We
received no comments regarding our
proposed adoption of new definitions.
Therefore, in this final rule PHMSA is
adding the following defined terms
based on their adoption in the UN
Model Regulations:
Metal hydride storage system. This
term means a single complete hydrogen
storage system that includes a
receptacle, metal hydride, pressure
relief device, shut-off valve, service
equipment and internal components
used for the transportation of hydrogen
only.
Open cryogenic receptacle. This term
means a transportable thermally
insulated receptacle for refrigerated
liquefied gases maintained at
atmospheric pressure by continuous
venting of the refrigerated gas.
Additionally, we proposed to revise
the definition of Oxidizing gas to
specify that an oxidizing gas is a pure
gas or gas mixture with an oxidizing
power greater than 23.5% as determined

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3319

by a method specified in ISO
10156:1996 or 10156–2:2005. See also
Sections 172.101 and 173.115, for
discussion of changes to the
‘‘Compressed gas, n.o.s., UN1956.’’ HMT
entry and definition, respectively. We
received no comments on the revised
definition. Therefore, in this final rule
we are adopting the revision as
proposed.
Section 171.23
Section 171.23 prescribes the
conditional requirements for specific
materials and packages transported
under the various international
standards as permitted by the HMR. In
this final rule we are removing the
§ 171.23(b)(9) requirement that
stipulates Division 6.1 poisonous
materials transported as limited
quantities are not excepted from
labeling. This change aligns the labeling
requirements in the HMR for limited
quantities with the international
standards without compromising safety.
Section 171.25
Section 171.25 prescribes the
additional requirements for specific
materials and packages transported
under the IMDG Code as permitted by
the HMR. In this final rule, we are
deleting paragraphs (c)(5) and (d)(3).
Paragraphs (c)(5) and (d)(3) required
portable tanks, cargo tanks, and tank
cars containing cryogenic liquids
transported by vessel to be stowed on
deck regardless of the stowage
requirements authorized under the
IMDG Code. The IMDG Code now
requires this same stowage for certain
packagings containing cryogenic
materials aboard a vessel, thus,
paragraphs (c)(5) and (d)(3) are no
longer necessary.
Effective January 1, 1997, vehicles
and mechanical equipment containing
internal combustion engines were no
longer subject to the IMDG Code as
conditionally designated under
Amendment 28–96. Effective January 1,
2012, such articles will once again be
subject to the IMDG Code under
Amendment 35–10. Because the new
requirements in the IMDG Code are
more stringent than requirements for
similar material in the HMR, PHMSA is
amending § 171.25 by revising
paragraph (b)(1) and adding a new
paragraph (b)(4) permitting use of the
IMDG Code or the HMR to prepare and
stow vehicles and mechanical
equipment containing internal
combustion engines when offered for
transport by vessel.

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Part 172
Section 172.101
Introductory text to the § 172.101
HMT contains explanatory text for each
of the columns that comprise the HMT.
Currently, § 172.101(c)(10) provides
specific requirements regarding the
selection of an appropriate proper
shipping name for mixtures and
solutions containing more than one
hazardous material of the same hazard
class. In many cases, such mixtures and
solutions are best described by a generic
or ‘‘not otherwise specified’’ entry (i.e.,
an ‘‘n.o.s.’’ entry). For example, a
solution containing two or more
flammable liquid constituents may best
be described under the entry
‘‘Flammable liquids, n.o.s., UN1993.’’
However, in some cases where two or
more hazardous materials are present, a
single hazardous material may
predominate where the other hazardous
materials may be present in only trace
amounts. In such cases, a description
applicable to the predominant material
may be more appropriate. A recent
incident underscores the importance of
using the most specific and appropriate
shipping description. In that incident,
an aluminum cylinder containing 99.9%
pure ethyl chloride ruptured in storage
incidental to transport. It was
determined that the root cause was a
reaction between the cylinder’s contents
and the aluminum. The relevant
construction standard for the cylinder
indicated that ethyl chloride was
reactive with aluminum and that
aluminum was not recommended for
the transport of ethyl chloride.
However, the shipper selected a generic
compressed gas shipping description
rather than the ethyl chloride name due
to the presence of trace amounts of other
hazardous materials. While we note that
the general requirements for packagings
still broadly address the responsibility
of the shipper in selecting a packaging
that is compatible with its lading, and
that these requirements were also
applicable and apparently overlooked,
the incident nonetheless highlights the
benefit of using a more specific
description, where appropriate, to help
ensure that the most appropriate
transport provisions are followed.
To address this issue, the UN Model
Regulations were amended to require,
except as otherwise specified, that a
mixture or solution of a single
predominant hazardous material
containing only traces of one or more
additional hazardous materials listed by
name in the HMT or additional non-

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hazardous constituents be assigned the
UN number and proper shipping name
of the predominant material
contributing to the overall hazard
classification of the mixture or solution.
Adopting a similar provision in the
HMR will enhance a shipper’s ability to
select the most appropriate shipping
description. In the NPRM, PHMSA
proposed to add a new paragraph,
§ 172.101(c)(10)(iv), outlining the
authorization to describe the mixture or
solution based on the predominant
material contributing to the hazard
classification.
One commenter (DOE) suggested that
we remove the reference to nonhazardous material in
§ 172.101(c)(10)(iv) because the mixture
of hazardous material and nonhazardous material is already addressed
in § 172.101(c)(10)(i). Additionally, the
commenter asked for clarification of
instances when the provision should be
used and asked to define the meaning of
‘‘trace amounts.’’
We agree. It is correct that
§ 172.101(c)(10)(i) already addresses a
mixture or solution of a hazardous
material and non-hazardous material.
The provision pertains to a mixture or
solution containing non-hazardous
material in such quantities that it does
not alter the physical state or purity of
the hazardous material it is mixed with,
as well as either the hazard
classification, packing group, subsidiary
hazard, or emergency response
procedures. The intent of new
paragraph § 172.101(c)(10)(iv) is to
provide instruction for selecting the
most appropriate proper shipping name
for a mixture or solution of a hazardous
material and traces of one or more other
hazardous materials, one or more nonhazardous materials, or both. Where
such a mixture or solution occurs that
the trace amount of material does not
affect the classification, the material
must be described using the most
appropriate proper shipping name for
the predominant hazardous material.
Based on the comment received and
reconsideration of our proposal, we are
instead revising paragraph (c)(10)(i) to
provide clarification on properly
describing a material that is a mixture
or solution of a predominant hazardous
material and trace amounts of hazardous
or non-hazardous material, or both;
rather than add a new paragraph
(c)(10)(iv). The six conditions in
§ 172.101(c)(10)(i) that currently limit a
mixture or solution of hazardous
material with a non-hazardous material
from being described using the proper

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shipping name of the hazardous
material would also apply to a mixture
or solution of a single predominant
hazardous material and trace amounts of
other hazardous or non-hazardous
materials or both.
With regard to instances when the
provision would be used, we would
expect it to be applied in cases of
mixtures or solutions of a hazardous
material that contain small amounts of
preservatives or are contaminated with
trace amounts of hazardous material in
such a way that the ‘‘trace amounts’’ do
not affect the packaging, the hazard
class, the packing group, etc of the
hazardous material. As for defining
‘‘trace amounts’’ we do not specifically
define this term because determination
of when an amount of material affects
the hazard classification is highly
variable depending on the physical and
chemical properties of the materials
involved and the quantities of material
involved. Therefore, in this final rule,
we are revising § 172.101(c)(10)(i) to
provide instruction on properly
describing a material that is a mixture
or solution of a predominant hazardous
material and trace amounts of hazardous
or non-hazardous material, or both.
Paragraph (e) of § 172.101 provides
explanations for the letters that precede
identification numbers assigned to
proper shipping names in the HMT. In
this final rule, PHMSA is adding an
explanation for identification numbers
associated with certain descriptions
under the ICAO Technical Instructions
and are preceded by the letters ‘‘ID.’’
Additionally, PHMSA is authorizing use
of the international air description,
‘‘ID8000, Consumer commodity, 9’’ in
the HMT with material and article
eligibility for use of the description
based on Special provision A112 and
Packing Instruction Y963 of the 2011–
2012 ICAO Technical Instructions.
Hazardous Materials Table (HMT)
In this final rule, PHMSA is making
various amendments to the HMT.
Readers should review all changes for a
complete understanding of the
amendments. For purposes of the
Government Printing Office’s
typesetting procedures, changes to the
HMT appear under three sections of the
Table, ‘‘remove,’’ ‘‘add,’’ and ‘‘revise.’’
Certain entries in the HMT, such as
those with revisions to the proper
shipping names, appear as a ‘‘remove’’
and ‘‘add.’’ Amendments to the HMT
include the following:
New HMT entries

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UN3482 ..............................
UN3496 ..............................

Alkali metal dispersions, flammable or Alkaline earth metal dispersions, flammable.
Batteries, nickel-metal hydride.

This new HMT entry for UN3496
includes a W in Column (1) to indicate
use of this hazardous materials
description is limited to vessel transport
of these materials.
Two commenters (Saft, PRBA)
indicated concern with our proposed
assignment of Special Provision 130 (for
transportation of dry batteries—i.e.,
‘‘Batteries, dry, sealed, n.o.s.’’) to this
UN3485 ..............................
UN3487 ..............................
UN3486 ..............................
ID8000 ................................

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(non-toxic aerosols only), Class 3 (PG II
and III only), Division 6.1 (PG III only),
and of UN identification numbers
UN3077, UN3082, and UN3175,
provided such materials do not have a

subsidiary risk and are authorized
aboard a passenger-carrying aircraft.
This amendment is based on changes
incorporated into the 2011–2012 ICAO
TI.

under various descriptions and
therefore, various packaging, we are
adding this unique UN identification
number and shipping description to
provide for specific packaging

requirements and faster identification
and access to emergency response
information.

Lithium hypochlorite, dry or Lithium hypochlorite mixture, Division 5.1, PG III.

Lithium hypochlorite is a common
commercial product used as a
disinfectant that is often mixed with
other non-hazardous organic salts.
Currently, the HMT only provides for a
Division 5.1, PG II designation for this
material, yet testing conducted in
accordance with the UN Manual of
Tests and Criteria has indicated that
some common commercial mixtures
meet the criteria for classification in
Division 5.1, PG III. Therefore, PHMSA
is adding a line to the current entry to
allow for classification of lithium
hypochlorite and mixtures of lithium
hypochlorite in PG III, where
appropriate.
One commenter (FMC) noted that the
addition of the proposed PG III entry for
the ‘‘Lithium hypochlorite, UN1471’’
shipping description retains the
italicized text ‘‘with more than 39%
available chlorine (8.8% available
oxygen)’’ as well as the word ‘‘dry’’ for
lithium hypochlorite mixtures and that

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requirements for nickel-metal hydride
batteries. Additionally, we have revised
Special Provision 130 to make clear that
for other than nickel-metal hydride
batteries transported by vessel subject to
Special Provision 340, dry batteries
must be transported in accordance with
Special Provision 130.

Hydrazine aqueous solution, flammable with more than 37% hydrazine, by mass.
Iodine.

Iodine is transported globally under a
number of different shipping
descriptions dependent on the shipper.
In the interest of reducing risks
associated with transport of iodine
UN1471 ..............................

entry and the potential for confusion
leading to use of this entry for modes
other than vessel.
We agree. To help clarify the use of
this entry, we have included additional
language in Column (2) to refer shippers
transporting nickel-metal hydride
batteries by modes other than vessel to
the HMT entry ‘‘Batteries, dry, sealed,
n.o.s.’’ for instruction on the transport

Calcium hypochlorite, dry, corrosive or Calcium hypochlorite mixtures, dry, corrosive with more than 39% available
chlorine (8.8% available oxygen).
Calcium hypochlorite, hydrated, corrosive or Calcium hypochlorite, hydrated mixture, corrosive with not less than
5.5% but not more than 16% water.
Calcium hypochlorite mixture, dry, corrosive with more than 10% but not more than 39% available chlorine.
Consumer commodity.

This shipping description is added to
the HMT as a Class 9 miscellaneous
hazardous material to be used for the air
transportation of limited quantities of
certain hazardous materials of Class 2
UN3484 ..............................
UN3495 ..............................

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this is not consistent with the hazardous
materials description in the dangerous
goods list in the UN Model Regulations,
the ICAO Technical Instructions, and
the soon to be adopted IMDG Code.
FMC requested that PHMSA revise the
entry by deleting the qualifying text as
well as the word ‘‘dry’’ to be consistent
with international standards and
regulations and to provide shippers
with the most appropriate shipping
description for the transport of lithium
hypochlorite materials. Additionally,
FMC stated:
[M]ore fundamental and practical problems
will arise if this qualifying text is retained in
the HMR entry for UN1471. Some of the
commercial lithium hypochlorite products
shipped domestically and internationally by
FMC have less than 39% available chlorine
(8.8% available oxygen), and so would not be
properly described by the entry as it is
proposed to be modified. [T]hese products
nevertheless meet the criteria for
classification in Division 5.1, Packing Group
II or III. Consequently, under the HMR, FMC

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must describe these products by an
appropriate entry in the HMT associated with
the correct class and packing group, namely
‘‘Hypochlorites, inorganic, n.o.s.’’ (UN3212) if
the product meets Packing Group II criteria,
or, since UN3212 does not provide a Packing
Group III option, ‘‘Oxidizing solid, n.o.s.’’
(UN1479) if the product meets the criteria for
assignment to Packing Group III. Thus, for
road and rail transport within the United
States FMC’s lithium hypochlorite products
would have to be described by one of three
different entries.

We agree. Removing the italicized text
would facilitate a uniform process of
describing lithium hypochlorite
materials for transport purposes without
reducing the safety of transport when
using this description in lieu the
descriptions discussed in the comment
by FMC. Additionally, we are making a
conforming amendment (with the IMDG
Code) to the PG II entry for UN1471 to
assign special provisions T3 and TP33
applicable to a portable tank when used
to transport this material. T3 outlines

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the minimum test pressure, minimum
shell thickness, bottom opening
requirements, and pressure relief
requirements in addition to the design
and constructions requirements for the
portable tank. TP33 outlines provisions
UN3483 ..............................
UN3494 ..............................
UN3492 ..............................
UN3493 ..............................
UN3488 ..............................
UN3489 ..............................
UN3490 ..............................
UN3491 ..............................

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UN1557 ..............................
UN1564
UN1566
UN3213
UN1450

..............................
..............................
..............................
..............................

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revision to the shipping description for
the PG II entry already in the HMT to
read, ‘‘Lithium hypochlorite, dry or
Lithium hypochlorite mixtures,
UN1471.’’

Motor fuel anti-knock mixture, flammable.
Petroleum sour crude oil, flammable, toxic (this entry is identified in the HMT as appropriate for international transportation under § 172.101(b)(5)).
Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m 3
and saturated vapor concentration greater than or equal to 500 LC 50.
Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m 3
and saturated vapor concentration greater than or equal to 10 LC 50.
Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m 3
and saturated vapor concentration greater than or equal to 500 LC 50.
Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m 3
and saturated vapor concentration greater than or equal to 10 LC 50.
Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200
ml/m 3 and saturated vapor concentration greater than or equal to 500 LC 50.
Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000
ml/m 3 and saturated vapor concentration greater than or equal to 10 LC 50.

Based on a recommendation by a
commenter (PPG), we note that two new
entries for toxic-by-inhalation (TIH)
material (i.e., UN3492 and UN3493)
added in the sixteenth revised edition of
the UN Model Regulations and in this
final rule will likely be removed from
the dangerous goods table in the
seventeenth revised edition of the UN
Model Regulations. Shippers who
choose to use these new descriptions on
shipping papers and markings on boxes
may incur additional costs when having
to change the material descriptions
again should the descriptions be
removed from the UN Model
Regulations and subsequently, the HMR.
Additionally, because of the addition
of generic TIH descriptions for toxic,
flammable, corrosive material (i.e., UN
3488, UN3499), PPG believes the
domestic entries for ‘‘sec-Butyl
chloroformate, NA2742’’ and ‘‘Isobutyl
chloroformate, NA2742’’ are obsolete
and recommended that these materials
be described using the generic TIH
descriptions for consistent hazard
communication of these materials
between modes of transportation.
We agree. Therefore, in this final rule,
as a conforming amendment to the
addition of the generic TIH entries, we
are deleting the domestic use entries
‘‘sec-Butyl chloroformate, NA2742’’ and
UN3141 ..............................
UN1549 ..............................
UN1556 ..............................

for transport of granular or powdered
solids. Therefore, in this final rule, we
are adopting the PG III entry for
‘‘Lithium hypochlorite, UN1471’’
without the italicized text and the word
‘‘dry,’’ as well as making a conforming

basic description. Requiring the
technical name(s) for metal catalysts
will aid emergency responders in
Amendments to the Column (1) Symbols
selecting the proper fire suppressant
The entries ‘‘Elevated temperature
(e.g., CO2) if the hazardous material is
liquid, flammable, n.o.s., with flash
involved in a fire or in identifying other
point above 37.8 °C, at or above its flash materials the metal catalyst could react
point, UN3256,’’ ‘‘Elevated temperature
with.
liquid, n.o.s., at or above 100 °C and
The entry ‘‘Powder, smokeless,
below its flash point (including molten
UN0509,’’ is revised by deleting the
metals, molten salts, etc.), UN3257,’’ and
symbol D. The symbol D identifies a
‘‘Elevated temperature solid, n.o.s., at or
proper shipping name for domestic use
above 240 °C, UN3258’’ are revised by
only. This entry has been adopted into
adding the symbol G. The symbol G
the UN Model Regulations, the ICAO TI,
identifies proper shipping names for
and the IMDG Code. This deletion is
which a technical name of the
consistent with our final rule published
hazardous material is required in
under Docket HM–215J (74 FR 2200,
parentheses in association with the
January 14, 2009) in which we indicated
basic description. Requiring the
our intent to remove the symbol D in a
technical name(s) for certain elevated
future rulemaking upon adoption of the
temperatures materials will help
entry into international regulations.
emergency responders in selecting the
For the following Division 5.1
proper materials for extinguishing a fire
involving these hazardous materials and (oxidizer) materials and Division 6.1
(toxic) materials, the entries are revised
will aid in estimating the temperature
by adding the symbol G. The symbol G
properties of the materials (e.g., the
identifies proper shipping names for
melting point).
The entries ‘‘Metal catalyst, dry,
which one or more technical names of
UN2881’’ and ‘‘Metal catalyst, wetted
the hazardous material must be entered
with a visible excess of liquid, UN1378’’ in parentheses in association with the
are revised by adding the symbol G. The basic description on a shipping paper.
symbol G identifies proper shipping
Knowledge of the technical name of
names for which a technical name of the toxic materials may aid emergency
hazardous material is required in
responders with implementing more
parentheses in association with the
appropriate first aid measures:
‘‘Isobutyl chloroformate, NA2742’’ from
the HMT.

Antimony compounds, inorganic, liquid, n.o.s.
Antimony compounds, inorganic, solid, n.o.s.
Arsenic compounds, liquid, n.o.s. inorganic, including arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides, n.o.s.;
and organic compounds of arsenic, n.o.s.
Arsenic compounds, solid, n.o.s. inorganic, including arsenates, n.o.s.; arsenites, n.o.s.; arsenic sulfides, n.o.s.;
and organic compounds of arsenic, n.o.s.
Barium compounds, n.o.s.
Beryllium compounds, n.o.s.
Bromates, inorganic, aqueous solution, n.o.s.
Bromates, inorganic, n.o.s.

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UN2570
UN3210
UN1461
UN1462
UN1583
UN3362
UN3361
UN1935
UN2856
UN3212
UN2291
UN2024
UN2025
UN3144
UN1665
UN3219
UN2627
UN3214
UN1482
UN2026
UN2630
UN3440
UN3283
UN3284
UN3285

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..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................
..............................

Cadmium compounds.
Chlorates, inorganic, aqueous solution, n.o.s.
Chlorates, inorganic, n.o.s.
Chlorites, inorganic, n.o.s.
Chloropicrin mixtures, n.o.s.
Chlorosilanes, toxic, corrosive, flammable, n.o.s.
Chlorosilanes, toxic, corrosive, n.o.s.
Cyanide solutions, n.o.s.
Fluorosilicates, n.o.s.
Hypochlorites, inorganic, n.o.s.
Lead compounds, soluble, n.o.s.
Mercury compounds, liquid, n.o.s.
Mercury compounds, solid, n.o.s.
Nicotine compounds, liquid, n.o.s. or Nicotine preparations, liquid, n.o.s.
Nicotine compounds, solid, n.o.s. or Nicotine preparations, solid, n.o.s.
Nitrites, inorganic, aqueous solution, n.o.s.
Nitrites, inorganic, n.o.s.
Permanganates, inorganic, aqueous solution, n.o.s.
Permanganates, inorganic, n.o.s.
Phenylmercuric compounds, n.o.s.
Selenates or Selenites.
Selenium compound, liquid, n.o.s.
Selenium compound, solid, n.o.s.
Tellurium compound, solid, n.o.s.
Vanadium compound, solid, n.o.s.

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Amendments to the Column (2)
Hazardous Materials Descriptions and
Proper Shipping Names
The proper shipping name for the
entry ‘‘Detonator, assemblies, nonelectric, for blasting, UN0500,’’ is
revised by removing the comma after
‘‘Detonator’’ to read ‘‘Detonator
assemblies, non-electric, for blasting.’’
This revision appears as a ‘‘Remove/
Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘Engines, internal combustion,
flammable gas powered, UN3166,’’ is
revised to read ‘‘Engines, internal
combustion or Engines, fuel cell,
flammable gas powered.’’ This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
One commenter (IATA) suggests that
we revise this proper shipping name to
the singular ‘‘engine’’ in alignment with
use of the singular form for the entries
in the UN Model Regulations. We
disagree. As indicated by the
commenter, § 172.101(c)(1) authorizes
use of proper shipping names in the
singular or plural form. Therefore, we
believe it is not necessary to revise the
proper shipping name to the singular
‘‘engine’’ when the shipper is authorized
to modify the proper shipping name
between singular and plural forms.
The proper shipping name for the
entry ‘‘Engines, internal combustion,
flammable liquid powered, UN3166,’’ is
revised to read ‘‘Engines, internal
combustion or Engines, fuel cell,
flammable liquid powered.’’ This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
One commenter (IATA) suggests that
we revise this proper shipping name to

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the singular ‘‘engine’’ in alignment with
use of the singular form for the entries
in the UN Model Regulations. We
disagree. As indicated by the
commenter, § 172.101(c)(1) authorizes
use of proper shipping names in the
singular or plural form. Therefore, we
believe it is not necessary to revise the
proper shipping name to the singular
‘‘engine.’’
The proper shipping names
‘‘Formaldehyde, solutions, flammable,
UN1198’’ and ‘‘Formaldehyde, solutions,
with not less than 25 percent
formaldehyde, UN2209’’ are revised to
remove an errant comma between the
words ‘‘Formaldehyde’’ and ‘‘solutions.’’
This revision appears as a ‘‘Remove/
Add’’ in this rulemaking.
The proper shipping name for the
entry ‘‘1-Hydroxybenzotriazole,
anhydrous, wetted with not less than 20
percent water, by mass, UN3474’’ is
revised to read ‘‘1Hydroxybenzotriazole, monohydrate.’’
This revision appears as a ‘‘Remove/
Add’’ in this rulemaking.
The proper shipping name for the PG
II entry for Lithium hypochlorite, dry
with more than 39% available chlorine
(8.8% available oxygen) or Lithium
hypochlorite mixture, dry with more
than 39% available chlorine (8.8%
available oxygen), UN1471’’ is revised to
read ‘‘Lithium hypochlorite, dry or
Lithium hypochlorite mixture’’ to
conform with the addition of the new
PG III entry and international use of this
proper shipping name. This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
The proper shipping name for the
entry ‘‘Nitric acid other than red fuming,
with less than 65 percent nitric acid,

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UN2031’’ is revised to read ‘‘Nitric acid
other than red fuming, with more than
20 percent and less than 65 percent
nitric acid, UN2031.’’ The proper
shipping name for the Packing Group I
entry ‘‘Nitric acid other than red fuming,
with more than 70 percent nitric acid,
UN2031’’ is added to the HMT. In a final
rule published on January 14, 2009
(HM–215J; 74 FR 2200), errors were
made to both nitric acid entries and in
this final rule, PHMSA aligns them
correctly in accordance with the various
international standards. Additionally,
we are removing the outdated Packing
Group II entry ‘‘Nitric acid other than
red fuming, with not more than 70
percent nitric acid, UN2031’’ that should
have been removed from the HMT in the
same final rule.
The proper shipping name for the
entry ‘‘Tars, liquid including road
asphalt and oils, bitumen and cut
backs, UN1999’’ is revised to read ‘‘Tars,
liquid including road oils and cutback
bitumens.’’ The entries in the HMT
applicable to transport of bitumen may
cause confusion with respect to the
proper classification of the material. The
entries include ‘‘Combustible liquid,
n.o.s., NA1993, combustible liquid’’ and
‘‘Tars, liquid including road asphalt and
oils, bitumen and cut backs, UN1999,
3,’’ and the entries ‘‘Elevated
temperature liquid, flammable, n.o.s.,
UN3256, 3’’ and ‘‘Elevated temperature
liquid, n.o.s., UN3257, 9,’’ when the
material is heated and offered for
transport. Bitumen is a hydrocarbon
material derived from crude oil having
a flashpoint of 160 °C or greater.
Bitumens typically do not meet the
classification for a Class 3 flammable

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liquid except for cutback bitumens
which are blended with a flammable
material such as kerosene. Also, road
asphalt is bitumen mixed with sand and
fillers which also does not meet the
classification for a Class 3 flammable
liquid. Therefore, we are revising the
proper shipping name ‘‘Tars, liquid
including road asphalt and oils,
bitumen and cut backs’’ by removing
reference to asphalt and clarifying
applicability to cutback bitumens to
read ‘‘Tars, liquid including road oils
and cutback bitumens.’’ This revision
appears as a ‘‘Remove/Add’’ in this
rulemaking.
The proper shipping name for the
entry ‘‘Trinitro-meta-cresol, UN0216’’ is
revised to read ‘‘Trinitro-m-cresol.’’ This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
UN2481
UN2486
UN2483
UN3079
UN2605

..............................
..............................
..............................
..............................
..............................

The entry ‘‘Carbon dioxide, solid or
Dry ice, UN1845’’ is revised by deleting
the PG III designation. In general, the PG
assigned to a material identifies the
degree of hazard the material represents

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and determines the performance level of
the packaging required for the material.
For example, a PG II material (i.e., a
moderate hazard material) is considered
more hazardous and requires more
stringent packaging than a PG III
material (i.e., a low hazard material).
Dry ice presents minimal risk during

transport except where concentrations
may build up in a confined space.
Therefore, in this final rule, PHMSA is
deleting the PG III designation from the
entry.
For the following Division 6.1
poisonous materials, the PG is revised to
read PG I.

Chloroacetonitrile.
Phosphorous oxychloride.
Thiophosgene.
Titanium tetrachloride.

PHMSA is making this revision to the
PG assignment for these entries for
consistency with the adoption of
changes into the sixteenth revised
edition of the UN Model Regulations.
The changes are based on data provided
from a thorough review of literature on
toxic-by-inhalation materials. The
review of literature is provided in
Informal Document UN/SCETDG/33/
INF.8 submitted to the 33rd session of
UN2481
UN2486
UN2483
UN3079

revised to a Division 6.1 (poisonous)
material primary hazard.

Phosphorous oxychloride.
Sulfur chloride.
Titanium tetrachloride.

Amendments to the Column (5) Packing
Group (PG)

UN2668
UN1810
UN2474
UN1838

Amendments to the Column (3) Hazard
Class or Division
PHMSA is revising the classification
of a number of entries to Division 6.1
poisonous primary hazards for
consistency with the adoption of
classification changes into the sixteenth

revised edition of the UN Model
Regulations. The changes are based on
data provided from a thorough review of
literature on toxic-by-inhalation
materials. The review of literature is
provided in Informal Document UN/
SCETDG/33/INF.8 submitted to the 33rd
session of the UN Sub-Committee of
Experts on the Transport of Dangerous
Goods which is available at http://
www.unece.org/trans/main/dgdb/
dgsubc/c3inf33.html.
For the entry ‘‘Tetranitromethane,
UN1510,’’ the Class 5 (oxidizer)
material’s primary hazard is revised to
a Division 6.1 (poisonous) material
primary hazard.
For the following Class 3 (flammable
liquid) materials, the Class 3 primary
hazard is revised to a Division 6.1
(poisonous) material primary hazard.

Ethyl isocyanate.
Isobutyl isocyanate.
Isopropyl isocyanate.
Methacrylonitrile, stabilized.
Methoxymethyl isocyanate.

For the following Class 8 (corrosive)
materials, the Class 8 primary hazard is
UN1810 ..............................
UN1834 ..............................
UN1838 ..............................

The proper shipping name for the
entry ‘‘Vehicle, flammable gas powered,
UN3166,’’ is revised to read ‘‘Vehicle,
flammable gas powered or Vehicle, fuel
cell, flammable gas powered.’’ This
revision appears as a ‘‘Remove/Add’’ in
this rulemaking.
The proper shipping name for the
entry ‘‘Vehicle, flammable liquid
powered, UN3166,’’ is revised to read
‘‘Vehicle, flammable liquid powered or
Vehicle, fuel cell, flammable liquid
powered.’’ This revision appears as a
‘‘Remove/Add’’ in this rulemaking.

the UN Sub-Committee of Experts on
the Transport of Dangerous Goods
which is available at http://
www.unece.org/trans/main/dgdb/
dgsubc/c3inf33.html.
Amendments to the Column (6) Label(s)
For the following hazardous material
entries, PHMSA is revising the label
requirements for consistency with
changes made to the classification of

these materials under amendments to
Column (3) (see above). The Class 3
(flammable liquid), Class 8 (corrosive),
or Division 5.1 (oxidizer) primary
hazard labels, as appropriate, and the
Division 6.1 (poisonous) subsidiary
hazard label are revised to a Division 6.1
(poisonous) material primary hazard
label and Class 3, Class 8, or Division
5.1 subsidiary hazard label to read ‘‘6.1,
3,’’ ‘‘6.1, 8,’’ or ‘‘6.1, 5.1,’’ as appropriate.

Ethyl isocyanate.
Isobutyl isocyanate.
Isopropyl isocyanate.
Methacrylonitrile, stabilized.

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UN2605
UN1810
UN1834
UN1838

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Methoxymethyl isocyanate.
Phosphorous oxychloride.
Sulfur chloride.
Titanium tetrachloride.

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The entry ‘‘Chlorosilanes, toxic,
corrosive, flammable, n.o.s., UN3362’’ is
revised by correctly ordering the
sequence of labeling hazards to reflect
the proper shipping name to read ‘‘6.1,
8, 3.’’
Amendments to the Column (7) Special
Provisions
The entry ‘‘Chloropicrin, UN1580’’ is
revised by replacing the portable tank
instruction T Code T14 with T22. The
UN Committee of Experts on the
Transport of Dangerous Goods revised
the T Code assignment for a number of
Division 6.1 (toxic-by-inhalation)
materials from T14 to T22. Assigning
T22 requires a higher pressure for the
periodic hydrostatic test (6 bar to 10 bar)
and a thicker minimum shell thickness
(6 mm to 10 mm). Therefore, for
consistency with revisions made to the
T Code assignments under the sixteenth
revised edition of the UN Model
Regulations, we are revising the T Code
to read T22.
The entry ‘‘Compressed gas, n.o.s.,
UN1956’’ is revised by deleting special
provision 77 which authorizes the use
of this entry for mixtures of gases with
less than 23.5% oxygen when no other
oxidizing gases are present. Because we
are modifying the definition of
oxidizing gas in § 171.8 of the HMR to
indicate that ‘‘a gas which may, by
providing oxygen, cause or contribute to
the combustion of other material more
than air does means pure gases or gas
mixtures with an oxidizing power
greater than 23.5% oxygen’’ and because
the entry ‘‘Compressed gas, oxidizing,
n.o.s., UN3156’’ is currently available in
the HMT, the special provision is
redundant and no longer necessary.
The entry ‘‘Environmentally
hazardous substance, solid, UN3077’’ is
revised by adding new special provision
A112 authorizing the transportation of
certain IBCs containing this material up
to a maximum net quantity of 1,000 kg
by passenger or cargo-only aircraft.
The entry ‘‘Ethylene oxide or Ethylene
oxide with nitrogen up to a total
pressure of 1 MPa (10 bar) at 50 degrees
C, UN1040 is revised by deleting special
provision A59 and adding new special
provision 342. The provisions in A59
applied only to air transport but they
now apply to all modes under new
UN0323 ..............................
UN0460 ..............................
UN0445 ..............................

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3325

Special provision 342. See Section
172.102 special provisions for a
discussion of new special provision 342.
The entry ‘‘1-Hydroxybenzotriazole,
monohydrate, UN3474’’ is revised by
deleting special provision 162. Special
provision 162 requires that for the
material to be transported as a Division
4.1 desensitized material, it must be
transported in such a manner that at no
time during the course of transportation
does the percentage concentration of
water fall below 20%. Anhydrous
hydroxybenzotriazole rapidly converts
to the monohydrate form in the
presence of water, that is, the thermally
stable form of the substance.
Additionally, tests have indicated that
the monohydrate maintains its water
content under temperature conditions
encountered in storage and transport
over extended periods of time. This
conforms to the intent of the provisions
specified in special provision 162 and
therefore, we are deleting special
provision 162 from the entry.
The entry ‘‘Motor fuel anti-knock
mixtures, UN1649’’ is revised by
deleting special provision 151. Special
provision 151 requires that if this
material also meets the definition of a
Class 3 (flammable) liquid under
§ 173.120 of the HMR, a FLAMMABLE
LIQUID label is required and the basic
description on the shipping paper must
indicate the Class 3 subsidiary hazard.
However, because of the addition of the
new entry ‘‘Motor fuel anti-knock
mixtures, flammable, UN3483’’ which
indicates a Class 3 subsidiary hazard,
we believe it is no longer necessary to
assign special provision 151 to this
entry.
The entry ‘‘Nitrogen, refrigerated
liquid cryogenic liquid, UN1977’’ is
revised by adding new special
provisions 345 and 346. See Section
172.102 special provisions for a
discussion of new special provisions
345 and 346.
The entry ‘‘Oxygen, compressed,
UN1072’’ is revised by adding special
provision 110 authorizing an actuating
cartridge (e.g., power device cartridges
of Division 1.4, compatibility groups C
and S) to be installed on a cylinder
containing oxygen without changing the
classification of Division 2.2. See
Section 172.102 special provisions for a

discussion of our revision to special
provision 110.
The entry ‘‘Pentaerythrite tetranitrate
or Pentaerythritol tetranitrate or PETN,
with not less than 7 percent wax by
mass, 0411)’’ is revised by assigning
special provision 120 to the entry. A
final rule published in the Federal
Register under Docket HM–215B (62 FR
24689, May 6, 1997), added special
provision 120 to § 172.102(c)(1) of the
HMR and assigned it to one of the
phlegmatized HMT entries for PETN
(UN0411). In this final rule, PHMSA is
reassigning special provision 120 to
UN0411 in Column (7) of the HMT
because it never appeared in the
subsequent printing of the HMR but the
requirement remains valid.
The entry ‘‘Petroleum crude oil,
UN1267’’ is revised by adding new
special provision 357 instructing a
shipper, if applicable, to use the entry
‘‘Petroleum sour crude oil, flammable,
toxic, UN3494’’ for petroleum crude oil
containing hydrogen sulfide in
sufficient concentration that vapors
evolved from the crude oil can present
an inhalation hazard when this material
is offered for transportation
internationally. See Section 172.102
Special provisions for a discussion of
special provision 357.
The entry ‘‘Zinc ammonium nitrate,
UN1512’’ is revised by deleting special
provision IP2 which requires IBCs other
than metal or rigid plastic IBCs to be
offered for transportation in a closed
freight container or a closed transport
vehicle.
The following Division 1.4,
Compatibility Group S (1.4S) explosive
article entries in the HMT are revised by
adding new special provision 347 which
limits the use of the entries to only
those articles that have successfully
passed Test series 6(d) of Part I of the
UN Manual of Tests and Criteria. For
clarity, we are also adding the special
provision to the entry ‘‘Cartridges,
power device (used to project fastening
devices), ORM–D’’ to indicate that the
requirements for special provision 347
also apply to Division 1.4S articles that
may be reclassed as ORM–D. See
Section 172.102 Special Provisions for a
discussion of new special provision 347.

Cartridges, power device.
Charges, bursting, plastics bonded.
Charges, explosive, commercial without detonator.

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UN0500
UN0456
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Charges, shaped without detonator.
Detonator assemblies, non-electric for blasting.
Detonators, electric for blasting.
Detonators for ammunition.
Detonators, non-electric for blasting.

The following Division 6.1 (toxic-byinhalation) materials entries are revised
by replacing the portable tank
instruction T Code T22 with T20. The
UN Committee of Experts on the
Transport of Dangerous Goods revised
the T Code assignment for a number of
Division 6.1 (toxic-by-inhalation)
materials from T14 to T20. Assigning
T20 requires a higher pressure for the
periodic hydrostatic test (6 bar to 10 bar)
UN2484
UN2481
UN2486
UN2483
UN2605
UN2482

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Organometallic
Organometallic
Organometallic
Organometallic
Organometallic
Organometallic
Organometallic
Organometallic
Organometallic
Organometallic

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The following Division 5.1 (oxidizer)
substance entries are revised by adding
new special provision W1. Special
provision W1 excepts these substances
UN1486 .............................................
UN1498 .............................................
UN1499 .............................................

of self-contained breathing apparatus
when the hazardous material is
transported by vessel.

The four flammable liquid entries
‘‘Alcohols, n.o.s., UN1987,’’ ‘‘Ethanol,

18:10 Jan 18, 2011

which authorizes use of fusible
elements in the vapor space on portable
tanks transporting these materials. See
substance,
substance,
substance,
substance,
substance,
substance,
substance,
substance,
substance,
substance,

Section 178.275 for a discussion of the
authorized use of fusible elements on
portable tanks.

liquid, pyrophoric.
liquid, pyrophoric, water-reactive.
liquid, water-reactive.
liquid, water-reactive, flammable.
solid, pyrophoric.
solid, pyrophoric, water-reactive.
solid, self-heating.
solid, water-reactive.
solid, water-reactive, flammable.
solid, water-reactive, self-heating.

from the HMR for vessel transport when
transported in non-friable prill or
granule form provided the substance has
been successfully tested in accordance

with the UN Manual of Tests and
Criteria.

Potassium nitrate.
Sodium nitrate.
Sodium nitrate and potassium nitrate mixtures.

Amendments to the Column (8)
Packaging Authorizations

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amendment to the changes to the PG
assignment for these materials (see
Amendments to Column (5) above).
Special provision TP13 requires the use

Chloroacetonitrile.
Phosphorous oxychloride.
Sulfur chloride.
Thiophosgene.

The following organometallic
substance entries are revised by adding
portable tank special provision TP36
UN3392
UN3394
UN3398
UN3399
UN3391
UN3393
UN3400
UN3395
UN3396
UN3397

mm to 8 mm. Therefore, for consistency
with revisions made to the T Code
assignments under the sixteenth revised
edition of the UN Model Regulations as
well as consistency with the current
assignment of T20 to a number of other
Division 6.1 (toxic-by-inhalation
material) entries, the T Code T20 would
be assigned for the following materials.

tert-Butyl isocyanate.
Ethyl isocyanate.
Isobutyl isocyanate.
Isopropyl isocyanate.
Methoxymethyl isocyanate.
n-Propyl isocyanate.

The following Division 6.1 (toxic-byinhalation) material entries are revised
by adding the portable tank special
provision TP13 as a conforming
UN2668
UN1810
UN1834
UN2474

and a thicker minimum shell thickness
(6 mm to 8 mm). This change is
consistent with the T Code assigned to
the same materials in the HMT.
However, for the materials listed below,
we assigned a T Code T22 which
requires a minimum shell thickness of
10 mm. We do not believe there would
be a safety risk in reducing the
minimum shell thickness for portable
tanks containing these materials from 10

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UN1170,’’ ‘‘Formaldehyde solutions,
flammable, UN1198’’ and ‘‘Isopropanol,
UN1219’’ are revised in Column (8A) by
adding reference to § 173.4b for
additional exceptions for these

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requirements for de minimis quantities
of hazardous materials offered for
transportation and transported by all
modes, domestic or international. We

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are adding a new paragraph (b) to except
non-infectious specimens (e.g., museum
specimens) preserved with small
amounts of certain Class 3 materials
from the HMR as recently adopted in
the international standards. This
amendment is consistent with previous
interpretations we have issued on this
matter.
The entry ‘‘Hydrogen in a metal
hydride storage system or Hydrogen in
a metal hydride storage system
contained in equipment or Hydrogen in
a metal hydride storage system packed
with equipment, UN3468’’ is revised in
Column (8B) by deleting the reference to
§ 173.214 for authorized non-bulk
packaging and adding new section
reference § 173.311. See Section 173.311
UN1818
UN2434
UN2437
UN2986
UN2987

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We received three comments (3M,
IATA, UPS) requesting that PHMSA

consistent an changes made to the
2011–2012 ICAO TI.
Amendments to the Column (10) Vessel
Stowage Requirements
Vessel stowage location (10A). For the
following materials, we are revising the
authorized stowage locations in Column
(10A) by revising the stowage category
to read D. Assignment of stowage

category D means the material must be
stowed ‘‘on deck only’’ on a cargo vessel
and on a passenger vessel carrying a
number of passengers limited to not
more than the larger of 25 passengers or
one passenger per each 3 meters of
overall vessel length. The material is
prohibited on passenger vessels in
which the limiting number is exceeded.

Argon, refrigerated liquid (cryogenic liquid).
Carbon dioxide, refrigerated liquid.
Crotonaldehyde or Crotonaldehyde, stabilized.
Helium, refrigerated liquid (cryogenic liquid).
Krypton, refrigerated liquid (cryogenic liquid).
Methyl bromide and ethylene dibromide mixtures, liquid.
Methyl iodide.
Methyl isothiocyanate.
Methyl orthosilicate.
Neon, refrigerated liquid (cryogenic liquid).
Nitrous oxide, refrigerated liquid.
Phenyl mercaptan.
Phosphorous oxychloride.
Sulfur chloride.
Thiophosgene.
Titanium tetrachloride.
Xenon, refrigerated liquid (cryogenic liquids).

Vessel stowage codes (10B). For the
following hazardous materials, we are
removing from Column (10B) stowage
code 18 (stowage code 143 for UN3392),
which prohibits the material from being
UN1131
UN1259
UN3392
UN3394
UN3194
UN2845

Amendments to the Column (9)
Quantity Limitations

harmonize with ICAO Technical
Instructions amendments that forbid the
transport of certain chlorosilane
materials in passenger aircraft (UN1818,
UN2434, UN2437, UN2986, and
UN2987).
We agree. Our original intent was to
incorporate these amendments in the
August 2010 proposed rule. Therefore,
based on our intent and comments
received, the following entries are
revised by amending the Column (9A)
package quantity limitations for
passenger air and rail to read
‘‘Forbidden,’’ consistent with the 2011–
2012 ICAO Technical Instructions:

Silicon tetrachloride.
Diphenyldichlorosilane.
Methylphenyldichlorosilane.
Chlorosilanes, corrosive, flammable, n.o.s.
Chlorosilanes, corrosive, n.o.s.

The entries ‘‘Medicine, liquid,
flammable, toxic, n.o.s., UN3248,’’
‘‘Medicine, liquid, toxic, n.o.s.,
UN1851,’’ and ‘‘Medicine, solid, toxic,
n.o.s., UN3249’’ are revised in the
Column (9A) and (9B) package quantity
limitations authorizing a greater
maximum quantity per package

UN1951
UN2187
UN1143
UN1963
UN1970
UN1647
UN2644
UN2477
UN2606
UN1913
UN2201
UN2337
UN1810
UN1834
UN2474
UN1838
UN2591

for a discussion of authorized packaging
provisions for hydrogen in a metal
hydride storage system.
The entry ‘‘Polyester resin kit,
UN3269’’ is revised by amending
Columns (8A) and (8B) to read 165 in
reference to packaging provisions in
§ 173.165. Column (8A) previously
referred to § 173.152 and Column (8B)
referred to § 173.225 for authorized
packaging. For clarity and consistency,
such articles are now subject to
packaging provisions incorporated into
the HMR specific to these articles.

3327

transported on any vessel carrying
explosives (except Division 1.4S
explosives), and we are adding in its
place stowage code 78, which requires
the materials to be stowed ‘‘separated

longitudinally by an intervening
complete compartment or hold from’’
explosives.

Carbon disulfide.
Nickel carbonyl.
Organometallic substance, liquid, pyrophoric.
Organometallic substance, liquid, pyrophoric, water-reactive.
Pyrophoric liquid, inorganic, n.o.s.
Pyrophoric liquids, organic, n.o.s.

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Section 172.102

Special Provisions

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. PHMSA is adopting the
following revisions to § 172.102, special
provisions.
Special provision 15 is revised by
removing redundant regulatory text
applicable to ‘‘Chemical kits, UN3316’’
and ‘‘First aid kits, UN3316.’’
Special provision 40 is revised to
indicate that ‘‘Polyester resin kit,
UN3269’’ requires specification outer
packaging based on the PG assigned to
the base (Class 3) material unless
excepted as a limited or excepted
quantity material. This revision is a
clarification of the existing requirement.
Special provision 77 is deleted.
Special provision 77 allows use of the
entry ‘‘Compressed gas, n.o.s., UN1956’’
for mixtures of gases with less than
23.5% oxygen when no other oxidizing
gases are present. PHMSA is modifying
the definition of oxidizing gas in § 171.8
to state that ‘‘a gas which may, by
providing oxygen, cause or contribute to
the combustion of other material more
than air does,’’ meaning, pure gases or
gas mixtures with an oxidizing power
greater than 23.5% oxygen. Because of
the availability of the entry
‘‘Compressed gas, oxidizing, n.o.s.,
UN3156’’ in the HMT, we believe
special provision 77 is no longer
necessary.
Special provision 78 is revised to
direct shippers to use the entry
‘‘Compressed gas, oxidizing, n.o.s.,
UN3156’’ to describe compressed air
that contains pure gases or gas mixtures
with an oxidizing power greater than
23.5% oxygen. PHMSA is modifying the
definition of oxidizing gas in § 171.8 of
the HMR to indicate that ‘‘a gas which
may, by providing oxygen, cause or
contribute to the combustion of other
material more than air does,’’ meaning,
pure gases or gas mixtures with an
oxidizing power greater than 23.5%
oxygen. Therefore, we are revising this
special provision to emphasize the
revised definition and use of the proper
shipping description.
Special provision 110 is revised to
include oxygen cylinders for emergency
use. Fire extinguishers (UN1044) are
assigned special provision 110, which
authorizes the installation of a cartridge
power device (of Divisions 1.4C and S)
on the fire extinguisher without
changing its classification from Division
2.2, provided the actuating cartridge

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does not contain deflagrating
(propellant) explosives exceeding 3.2 g.
Many of these types of fire extinguishers
are used in commercial aircraft
applications where the actuating
cartridge is necessary for remote
activation to discharge the fire
suppressant contained in the cylinder.
Similarly, commercial aircraft are being
designed to incorporate small oxygen
cylinders in the overhead panels above
passenger seats to provide emergency
oxygen in the event of a
depressurization. The design of the
system is that a small actuating cartridge
attached to each cylinder will be
initiated once the passenger starts
breathing into the mask, which will
allow the flow of oxygen from these
cylinders. In connection with the
manufacturing and maintenance of the
aircraft, it is necessary for these small
cylinders to be transported with the
actuator installed. The principal hazard
presented by these oxygen cylinders
remains that of Division 2.2, and not the
Division 1.4 explosive hazard of the
actuating cartridge. Therefore, in this
final rule PHMSA is authorizing the
transport of oxygen cylinders for
emergency use with an installed
actuating cartridge without changing the
classification of Division 2.2 provided
that the total quantity of deflagrating
(propellant) explosives does not exceed
3.2 g per oxygen cylinder, and further
provided that the cylinders have an
effective means of preventing
inadvertent activation.
Special provision 130 is revised in
conformance with adoption of new
special provision 340 and new § 172.101
HMT entry, ‘‘Batteries, nickel-metal
hydride, UN3496,’’ applicable to nickelmetal hydride batteries transported by
vessel. Two commenters (PRBA, Saft)
requested a revision to clarify the
appropriate use of this special provision
for the transport of nickel-metal hydride
batteries. We agree that special
provision 130 should be clarified to
avoid confusion over appropriate use of
entries applying to nickel-metal hydride
batteries. Because these batteries are dry
batteries, they are subject to conditions
in special provision 130, which outlines
that the provision applies to dry
batteries when not specifically covered
by another entry in the HMT. Because
there is now another entry for nickelmetal hydride batteries that is modal
specific, there is potential for confusion.
We are therefore adding language to
special provision 130 clarifying that,
except for nickel-hydride batteries
shipped under conditions specified in
special provision 340 for vessel
transportation, nickel-metal hydride

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batteries are covered by the entry
‘‘Batteries, dry, sealed, n.o.s.’’
In addition, one commenter (PRBA)
suggested that we codify guidance
offered in several recently issued letters
of interpretation (e.g., Ref. No. 09–0194)
indicating our determination that spent
or used dry batteries of not more than
9 volts are not likely to generate a
dangerous quantity of heat, short circuit,
or create sparks during the normal
course of transportation and thus, are
not subject to the HMR when
transported for purposes of recycling,
reconditioning, or disposal. We agree.
Therefore, in this final rule we are
revising special provision 130 by adding
a conditional exception for the ground
transportation of spent or used dry
batteries.
For conformance with the addition of
new proper shipping names for
UN3166, special provision 134 is
revised to specify that a battery-powered
vehicle or equipment that also contains
an internal combustion engine must be
consigned under the entry ‘‘Engine,
internal combustion, flammable gas
powered’’ or ‘‘Engine, internal
combustion, flammable liquid powered’’
or ‘‘Vehicle, flammable gas powered’’ or
‘‘Vehicle, flammable liquid powered,’’ as
appropriate. These entries include
hybrid electric vehicles powered by
both an internal combustion engine and
batteries. Furthermore, a batterypowered vehicle or equipment that
contains a fuel cell-powered engine
must be consigned under the entry
‘‘Engine, fuel cell, flammable gas
powered’’ or ‘‘Engine, fuel cell,
flammable liquid powered’’ or ‘‘Vehicle,
fuel cell, flammable gas powered’’ or
‘‘Vehicle, fuel cell, flammable liquid
powered,’’ as appropriate. These entries
include hybrid electric vehicles
powered by a fuel cell, an internal
combustion engine, and batteries.
Special provision 135 is revised to
specify that an internal combustion
engine installed in a vehicle must be
consigned to the entry ‘‘Vehicle,
flammable gas powered’’ or ‘‘Vehicle,
flammable liquid powered,’’ as
appropriate. These entries include
hybrid electric vehicles powered by
both an internal combustion engine and
installed wet, sodium or lithium
batteries. If a fuel cell-powered engine is
installed in a vehicle, the vehicle must
be consigned using the entry ‘‘Vehicle,
fuel cell, flammable gas powered’’ or
‘‘Vehicle, fuel cell, flammable liquid
powered,’’ as appropriate. These entries
include hybrid electric vehicles
powered by a fuel cell, an internal
combustion engine, and batteries.
Special provision 149 is revised to
indicate the exception provided may not

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be used for transportation by aircraft.
This special provision authorizes an
increased amount of certain Class 3
(flammable liquid) materials in PG II
that are also consumer commodities. We
received one comment, from Safety
Specialists, Inc. (SSI), opposing the
elimination of air eligibility for use of
the exception provided in the special
provision. SSI asserts that because the
materials currently authorized to use the
packaging exception provided by
special provision 149 are not
‘‘extremely’’ hazardous materials, they
should continue to be authorized in air
transportation in far greater quantities
per inner packaging than are limited
quantities packaged under the ICAO
Technical Instructions. We disagree.
Standardization in today’s safety culture
enhances safety, lowers training costs
and facilitates commerce through
greater productivity. PHMSA has made
concessions in this final rule, such as
lifting the § 175.75 cargo compartment
loading restriction on packages of
limited quantity materials, to offset per
inner and outer packaging limitations
adopted through harmonization with
the ICAO Technical Instructions. We
will also vigorously advocate for change
at the international level when
warranted.
Special provision 157 is deleted
because the language of this provision
has been combined with the language of
revised special provision 135. Special
provision 157 was assigned to the
entries ‘‘Vehicle, flammable gas
powered’’ and ‘‘Vehicle, flammable
liquid powered’’ and instructed shippers
that these entries include hybrid electric
vehicles powered by both internal
combustion engines and installed wet,
sodium or lithium batteries. This
language is now in special provision
135.
Special provision 167 is revised to
require a metal hydride storage system
installed in conveyances, to be
approved by the Associate
Administrator before acceptance for
transport. Special provision 167 is also
applicable, where appropriate, to
UN3166 entries powered by fuel cells.
Special provision 198 is revised to
include ‘‘Perfumery products, UN1266’’
among the list of products that
nitrocellulose solutions containing not
more than 20% nitrocellulose can be
transported as. PHMSA is also revising
this provision to clarify that the
nitrocellulose may not contain more
that 12.6% nitrogen by dry mass.
A new special provision 340 is added
to provide special instruction for the
vessel transport of nickel-metal hydride
batteries (including cells). Except for
nickel-metal hydride button cells or

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nickel-metal hydride cells or batteries
packed with or contained in equipment,
when nickel-metal hydride batteries are
loaded in a vessel cargo transport unit
in a total quantity of 100 kg gross mass
or more, shipment of the nickel-metal
hydride batteries is subject to the
shipping paper, dangerous cargo
manifest requirements under § 176.30,
and stowage conditions assigned to the
‘‘Batteries, nickel-metal hydride,
UN3496’’ entry in the § 172.101 HMT.
Additionally, the nickel-metal hydride
batteries are required to be securely
packed and protected against a
dangerous evolution of heat, short
circuits and damage to terminals.
A new special provision 342 is added
to be consistent with the adoption of the
same provisions in the UN Model
Regulations and the IMDG Code as well
as amendments made to special
provision A131 in the ICAO Technical
Instructions. The special provision
allows sterilization devices containing
ethylene oxide conforming to the
conditions in the special provision and
packaged in accordance with § 173.4a of
the HMR to be offered for transportation
and transported by all modes even
though Column (9A) of the § 172.101
HMT lists the material as forbidden by
passenger aircraft. The addition of this
special provision coincides with the
deletion of special provision A59 which
restricted the applicability of the special
provision to air transport. See Special
provision A59 for additional discussion
of this amendment.
A new special provision 343 is added
and assigned to the new HMT entry
‘‘Petroleum sour crude oil, flammable,
toxic, UN3494,’’ indicating that for
international transportation, this entry
in the HMT must be used for petroleum
crude oil containing hydrogen sulfide in
sufficient concentration that vapors
evolved from the crude oil can present
an inhalation hazard. However, any
bulk packaging used for the domestic
transport of petroleum crude oil would
be required to be marked in accordance
with the new markings prescribed in
§ 172.327 of the HMR to provide
warning of the potential hazard from
inhalation of hydrogen sulfide vapors.
A new special provision 345 is added
excepting from the requirements of the
HMR ‘‘Nitrogen, refrigerated liquid
cryogenic liquid, UN1977’’ transported
in open cryogenic receptacles with a
maximum capacity of 1 L. The
receptacles must be constructed with
glass double walls having the space
between the walls vacuum insulated
and each receptacle must be transported
in an outer packaging with sufficient
cushioning and absorbent materials to
protect the receptacle from damage.

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A new special provision 346 is added
excepting from the requirements of the
HMR ‘‘Nitrogen, refrigerated liquid
cryogenic liquid, UN1977’’ transported
in accordance with the requirements for
open cryogenic receptacles in § 173.320
of the HMR. The receptacle must
contain no hazardous materials other
than the liquid nitrogen which must be
fully absorbed in a porous material in
the receptacle.
A new special provision 347 is added
restricting the use of certain HMT
entries classed as Division 1.4S
explosive materials to those articles
successfully passing Test series 6(d) of
Part I of the UN Manual of Tests and
Criteria. See Section 172.101 Hazardous
Materials Table (HMT) for the list of
proper shipping names that are assigned
special provision 347. A Division 1.4
explosive is defined as an explosive that
presents a minor explosion hazard such
that hazardous effects are confined to a
package and no projection of fragments
of appreciable size or range are
expected; and that an external fire must
not cause virtually instantaneous
explosion of almost the entire contents
of a package containing a Division 1.4
explosive. Under § 173.58 of the HMR,
an explosive article or substance is
subjected to Test Series 6(a), 6(b), and
6(c) for assignment to an appropriate
division (e.g. Division 1.4). Explosive
articles or substances are assigned to
Division 1.4, Compatibility Group S
(1.4S) if hazardous effects are confined
within a package or the blast and
projection effects do not significantly
hinder emergency response efforts. Test
Series 6(a), 6(b), and 6(c) address hazard
effects from exposure of the package to
a fire but do not address whether
hazardous effects from functioning of
the articles or substances is confined
within the package. PHMSA is
concerned that there is a possibility that
products classified as Division 1.4S
based on behavior in a fire according to
test procedures of Type 6(c) may still
produce a hazardous effect that, when
initiated, is not confined to a package.
Initiation or ignition as a result of fire,
after the package is degraded, may
produce different results from
functioning with the intended means of
ignition or initiation. Knowledge of the
behavior of the article or substance in
both cases is needed to allow proper
classification.
As discussed in the comment
summary in response to the NPRM,
PHMSA is requiring the Type 6(d) test
as prescribed in Section 16.7 of the fifth
revised edition of the UN Manual of
Tests and Criteria in the new special
provision 347. For affected articles
intended for transportation by aircraft,

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the compliance date of this new
requirement is July 1, 2011. If a
manufacturer or approval holder of
affected articles previously classed and
approved as Division 1.4S chooses to
continue offering such shipments as
Division 1.4S material by aircraft, the
articles must be successfully tested
under Test Series 6(d) and a new
approval obtained from PHMSA.
Additionally, a previously classed and
approved Division 1.4S article that is
not successfully tested under Test Series
6(d) must be assigned to a compatibility
group other than S (e.g., B, C, or D) prior
to being transported by aircraft. Based
on knowledge that an article or
substance will not pass the Type 6(d)
test, a manufacturer or approval holder
may choose to have a previously
approved Division 1.4S explosive
reassigned to a different compatibility
group based on existing data and
recommendation by a PHMSA-approved
explosives testing and examination
facility in lieu of conducting the Type
6(d) test. For new Division 1.4S articles
approved prior to January 1, 2012
intended for domestic highway or rail
transportation only, the compliance date
for testing to maintain Division 1.4S
classification or reassignment to a
higher compatibility group other than S
is January 1, 2014. For international
highway, rail and vessel transportation
and domestic vessel transportation, the
compliance date for Type 6(d) testing or
reassignment for new and previously
produced affected articles is January 1,
2012.
A new special provision 349 is added
and assigned to ‘‘Hypochlorites,
inorganic, n.o.s., UN3212’’ to specify
that transport of mixtures of
hypochlorite and an ammonium salt is
forbidden.
A new special provision 350 is added
and assigned to ‘‘Bromates, inorganic,
n.o.s., UN1450’’ and ‘‘Bromates,
inorganic, aqueous solution, n.o.s.,
UN3213’’ to specify that transport of
ammonium bromate and its aqueous
solutions and mixtures of a bromate and
an ammonium salt is forbidden.
A new special provision 351 is added
and assigned to ‘‘Chlorates, inorganic,
n.o.s., UN1461’’ and ‘‘Chlorates,
inorganic, aqueous solution, n.o.s.,
UN3210’’ to specify that transport of
ammonium chlorate and its aqueous
solutions and mixtures of a chlorate and
an ammonium salt is forbidden.
A new special provision 352 is added
and assigned to ‘‘Chlorites, inorganic,
n.o.s., UN1462’’ to specify that transport
of ammonium chlorite and its aqueous
solutions and mixtures of a chlorite and
an ammonium salt is forbidden.

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A new special provision 353 is added
and assigned to ‘‘Permanganates,
inorganic, n.o.s., UN1482’’ and
‘‘Permanganates, inorganic, aqueous
solution, n.o.s., UN3214’’ to specify that
transport of ammonium permanganate
and its aqueous solutions and mixtures
of a permanganate and an ammonium
salt is forbidden.
A new special provision 357 is added
and assigned to the entry ‘‘Petroleum
crude oil, UN1267’’ to clarify that when
transported internationally, petroleum
crude oil containing hydrogen sulfide in
sufficient concentration that vapors
evolved from the crude oil can present
an inhalation hazard must be
transported under the entry ‘‘Petroleum
sour crude oil, flammable, toxic,
UN3494.’’ As discussed in detail in
response to comments submitted to the
ANPRM, for domestic transportation,
use of the toxic description is not
required; however, a bulk package is
required to be marked in accordance
with the requirement of new § 172.327
of the HMR. See Section 173.327 for a
discussion of the marking requirement.
In the August 2010 NPRM, PHMSA
proposed to revise special provision
A59 for consistency with amendments
made to special provision A131 of the
2011–2012 ICAO Technical
Instructions. Special provision A59
allows sterilization devices containing
ethylene oxide to be offered for
transportation and transported by air
under the excepted quantity provisions
of § 173.4a of the HMR. One commenter
(Andersen) supported the amendments
to A59 but noted that the special
provision originally appearing in the
ICAO Technical Instructions (as special
provision A131) applicable to air
transport has been adopted in the UN
Model Regulations as special provision
342 for use by other modes of transport.
Additionally, special provision 342 is
also to be incorporated into the IMDG
Code. The commenter questioned the
appropriateness of adopting an ‘‘A’’
prefix special provision which limits
the special provision, to air transport
only. Andersen stated:

harmonization and for greater clarity of
the applicability of the special
provision, PHMSA revise the
applicability of the special provision to
all modes and not restrict the special
provision to air transport through the
use of the ‘‘A’’ prefix as currently
implemented.
We agree. Therefore, in this final rule
we are deleting Special provision A59
and adopting new Special provision 342
which applies conditions for
transportation of sterilization devices
containing ethylene oxide to all modes
of transportation.
A new Special provision A112 is
added authorizing the transportation of
certain IBCs by passenger and cargoonly aircraft that contain up to a
maximum net quantity of 1,000 kg of an
‘‘Environmentally hazardous substance,
solid, n.o.s. UN3077.’’ This amendment
is consistent with the authorization in
the 2011–2012 ICAO Technical
Instructions.
In paragraph (c)(4), the Table 1 (IBC
Codes) are editorially revised to remove
UN Specifications 31A, 31B and 31N
from IBC Codes IB4, IB5, IB6, IB7, and
IB8. This revision is consistent with
amendments to international standards
and removes the specifications from the
indicated codes in the table because IBC
Codes IB4 through IB8 are assigned to
solids, whereas, UN Specifications 31A,
31B, and 31N are authorized for
transportation of liquids in IBC Codes
IB1 through IB3 which are assigned to
liquid materials only.
Paragraph (c)(7) outlines provisions
that apply to the transportation of
hazardous materials in UN portable
tanks. Two commenters (DGAC, PSA)
requested that PHMSA revise
§ 172.102(c)(7) to allow shipment of
solid materials in certain portable tanks
using bottom outlets. PSA stated:

In the preamble to the [NPRM], on page
53085, PHMSA observes that ‘‘Special
provision A59 allows for sterilization devices
containing ethylene oxide to be offered for
transportation and transported by air (and
thereby all modes) under the excepted
quantity provisions of § 173.4a’’ (emphasis
added) * * * notwithstanding PHMSA’s
statement in regard to the multi-modal
applicability of this special provision, it is
not at all clear from the wording of
§ 172.102(c)(2) [A59] * * * that this special
provision extends to all modes of transport.

At the recommendation of the United
States, new provisions governing the use of
bottom outlets on portable tanks were
adopted in the [UN] Model Regulations
* * * However, the United States does not
follow its own recommendation in the
Proposed Rule * * * To date * * * the
HMRs flatly prohibit the use of bottom
outlets for solids referenced in the American
proposal to the U.N. In the Table of Portable
Tank T Codes T1–22, which appears in 49
C.F.R. § 172.102(c)(7), instructions T9 and
T21 indicate ‘‘prohibited’’ in the column
designated ‘‘bottom outlet requirements.’’ The
text of § 172.101(c)(7)(ii) explains that the
word ‘‘prohibited’’ in that column of the
Table ‘‘means bottom openings are
prohibited.’’ In the Proposed Rule, and
without explanation, the agency did not
propose to adopt its own bottom outlet
provision.

The commenter suggested that, in
order to achieve complete

In the interest of harmonization with
specific regard to the January 1, 2011

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effective date for international
regulations, the commenters urged
PHMSA to adopt the provisions we
successfully persuaded international
organizations to adopt.
We agree. In the paper submitted to
the UN Sub-Committee of Experts
(UNSCOE) on the Transport of
Dangerous Goods (see UN document
ST/SG/AC.10/C.3/2007/24 available at
http://www.unece.org/trans/main/dgdb/
dgsubc/c32007.html), the U.S.
successfully persuaded UNSCOE to
adopt provisions authorizing the use of
bottom outlets on portable tanks used to
transport PG I solid material on the
basis that (1) transport of these materials
in portable tanks without bottom
openings is impractical and it is
virtually impossible to unload the
material from the portable tank through
top openings; and (2) there is no
compelling safety reason to prohibit
bottom openings in portable tanks
suitable for such material when the
authorized portable tanks afford a level
of safety in transport substantially
greater than that afforded by other
packagings authorized for the material
(e.g., UN1A2 removable head steel
drums). Although PHMSA did not
propose this amendment in the August
2010 NPRM, based on comments
received and the relief provided to
industry by authorizing an alternative
method of unloading PG I solid material
without a reduction in packaging safety,
in this final rule we are revising
§ 172.101(c)(7) by revising T Codes T9
and T21 to prohibit bottom openings for
liquid only and specify applicable
requirements for the bottom openings.
The revision includes adding clarifying
language to § 172.101(c)(7)(ii) to specify
the meaning of ‘‘prohibited’’ for liquids
in the appropriate context. With regard
to PSA’s suggested revised regulatory
text, we do not believe it is necessary to
add language specifying that the bottom
outlets must conform to 6.7.2.6.2 of the
UN Model Regulations (bottom opening
requirements for portable tanks used for
solid material) because these provisions
are dealt with under § 178.275(d)(2),
which we are referencing in the revised
entries for portable tank T Codes T9 and
T22.
A new portable tank special provision
TP36 is added authorizing the use of
fusible elements in the vapor space of
portable tanks with a gauge test pressure
that exceeds 265 kPa (38.4 psig/2.65
bar). See Section 178.275 for a detailed
discussion. See Section 172.101
Hazardous Materials Table for a listing
of materials assigned this special
provision.
A new special provision W1 is added
indicating that the hazardous materials

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‘‘Potassium nitrate, UN1486,’’ ‘‘Sodium
nitrate, UN1498,’’ and ‘‘Sodium nitrate
and Potassium nitrate mixtures,
UN1499’’ are not subject to the HMR
when transported by vessel in nonfriable prills or granules form. The
material must be accompanied by a
certificate from an accredited laboratory
stating that the product has been
properly sampled and tested by the
laboratory according to the UN Manual
of Tests and Criteria.
Section 172.200
Section 172.200 prescribes the
applicability of shipping paper
requirements for the transportation of
hazardous materials. Paragraph (b)(3) is
revised to remove the exceptions for
ORM–D material in conformance with
the changes made to the limited
quantities requirements under this final
rule.
Section 172.203
Section 172.203 specifies additional
hazardous materials description
requirements on shipping papers.
Paragraph (b) is revised to indicate that
when a shipping paper is required, a
limited quantity must be indicated as
such. This revision is necessary due to
the shipping paper exception adopted in
this final rule for limited quantities
intended for transportation by highway
or rail.
Section 172.300
Section 172.300 prescribes the
applicability of the HMR marking
requirements incorporated in subpart D
of Part 172. Paragraph (l)(1)(ii) of
§ 172.101 authorizes up to a one-year
transition period for continued use of
stock of pre-printed packaging marked
with proper shipping names revised in
the HMT under a rulemaking.
Consistent with the transition period
authorized in § 172.101(l)(1)(ii), in this
final rule we are amending § 172.300 of
the HMR to authorize the continued use
of stock of preprinted packaging for one
year from the date of compliance or
until depleted (whichever is less) for a
revision to a required marking. This
amendment allows the continued use of
preprinted packaging stock that is
marked in accordance with the manner
previously authorized.
Section 172.301
Section 172.301 prescribes general
marking requirements for non-bulk
packagings. In this final rule, PHMSA is
amending paragraph (a) to clarify that a
proper shipping name and identification
number is not required to be marked on
package containing only limited
quantity material marked in accordance

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with § 172.315(a). Additionally, it is
amended by adding that until January 1,
2014 (January 1, 2013 if intended for
transportation by aircraft), an
identification number is not required to
be marked on package containing only
a Consumer commodity, ORM–D or
ORM–D–AIR material, as defined in
§ 171.8 of this subchapter in effect on
October 1, 2010, provided the package
is marked in accordance with § 172.316.
Section 172.312
Section 172.312 prescribes the
required orientation markings for nonbulk packages containing liquids.
PHMSA is amending paragraph (c)(5) to
clarify that the exception applies only to
a hermetically sealed inner packaging or
receptacle not exceeding 500 mL each.
Section 172.315
Section 172.315 specifies the
markings required on a package
containing limited quantities of
hazardous materials. These new
markings are consistent with the UN
Model Regulations, ICAO TI and IMDG
Code and are required on packages of
limited quantities offered for
transportation by highway, rail, air and
vessel. Additionally, PHMSA received
positive comments submitted in
response to the ANPRM concerning the
new marking because the requirement
specifies minimum dimensions on each
side (100 mm) that substantially
increases the visibility of the marking
when compared with the current ORM–
D marking prescribed in § 172.316 of the
HMR. Commenters stated that increased
visibility of the mark will enhance
safety while reducing regulatory burden.
For limited quantities intended for
transportation by vessel, this new
marking with minimum dimensions of
250 mm on each side is required on
cargo transport units containing limited
quantities and no other hazardous
materials. For limited quantities
intended for transportation by aircraft,
the marking requirements are consistent
with the 2011–2012 ICAO TI (i.e., ‘‘Y’’
mark on a white square on point) in
addition to any required labels.
Section 172.316
Section 172.316 prescribes marking
requirements for packages containing
materials classed as ORM–D and ORM–
D–AIR. The marking prescribed in this
section will no longer be authorized for
limited quantities effective January 1,
2014.
Section 172.322
Section 172.322 prescribes marking
requirements for packages containing
marine pollutants. PHMSA is adding an

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exception from the marking requirement
in new paragraph (d)(4) for packages of
limited quantities marked in accordance
with § 172.315.
Section 172.324
Section 172.324 prescribes marking
requirements for packages containing
hazardous substances in non-bulk
packagings. PHMSA is revising
paragraph (b) for packages containing
hazardous substances marked in
accordance with the limited quantity
marking prescribed in § 172.315.

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Section 172.326
Section 172.326 prescribes the
marking requirements for portable
tanks. In this final rule, we are revising
paragraph (a) to align with the IMDG
Code the minimum height for a proper
shipping name marked on a portable
tank to 65 mm when offered for
transportation and transported by
vessel. This amendment is in response
to a revision made in Amendment 35–
10 of the IMDG Code.
One commenter (Arkema) requests
that we allow a one year transition
period from the publication of the final
rule to allow for depletion of label
inventory and/or restenciling of portable
tanks. We agree that there should be a
transition period and note that, in this
final rule, we are implementing a
delayed compliance date of January 1,
2012, which is one year from the
effective date of the rule, unless
otherwise specified in provisions
adopted or revised in this final rule.
Section 172.327
New section 172.327 specifies the
marking required for a bulk packaging
containing petroleum crude oil to warn
of the potential toxic inhalation hazard
from vapors evolved from hydrogen
sulfide present in the crude oil. PHMSA
proposed to require placement of the
marking used for toxic materials under
the Globally Harmonized System of
Classification and Labeling of Chemicals
(GHS) in the immediate vicinity of any
location on a bulk packaging that could
pose a health risk to transportation
workers if exposed to hydrogen sulfide
vapors emitted from that location, such
as loading heads and manholes. This
proposed hazard communication
marking requirement is applicable to
bulk packagings in domestic
transportation only. The new hazardous
materials description for ‘‘Petroleum
sour crude oil, flammable, toxic,
UN3494’’ added to the HMT must be
used for international transportation of
petroleum crude oil with hydrogen
sulfide in sufficient concentration that
vapors evolved from the crude oil

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present an inhalation hazard (for both
bulk and non-bulk packagings).
One commenter (AAR) expressed
concern that this new marking
requirement would place an undue
burden on rail carriers with regard to
inspection requirements under § 174.9
of the HMR. The commenter had
concerns regarding the safety of rail
carrier employees having to climb tank
cars to determine whether markings are
present or correct. AAR stated:
[We] we would not oppose the proposed
marking if it were made clear that railroads
have no obligation to inspect for markings.
Accordingly, [we suggest] amending
[§ 173.127 to indicate] carrier personnel are
not required to inspect for markings that
would not be visible or legible from the
ground.

We agree, although we do not believe
a regulatory revision is warranted.
Section 174.9 requires a rail carrier to
inspect each rail car containing a
hazardous material, at ground level, for
required markings, labels, and placards,
etc. This requirement already limits the
inspection to ground level and
predisposes the carrier from having to
climb onto a rail car to inspect for
hazard communications. As indicated in
the comments by AAR, the intent of this
marking is to alert hazmat employees
who may be exposed to hydrogen
sulfide vapors during a loading or
unloading operation to a potential
hazard and not to communicate the
hazard for emergency response
purposes. Thus, carriers will not be
obligated to inspect for markings placed
in the vicinity of tank car openings on
a rail car that are not readily visible or
legible from ground level.
Based on comments received, we are
revising our proposed requirements to
authorize an alternative marking to the
GHS toxic material pictogram. See the
Sections II.C and III.A.7 discussion of
the classification of petroleum sour
crude oil.
Section 172.500
Section 172.500 specifies the
applicability of placarding requirements
to certain materials. PHMSA is
amending paragraph (b)(3) to clarify that
limited quantities marked in accordance
with revised § 172.315 of the HMR are
not subject to placarding requirements.
Section 172.502
Section 172.502 specifies prohibited
and permissive placarding
requirements. In this final rule, PHMSA
is revising the exceptions provided in
paragraph (b)(2) to include the
petroleum sour crude oil marking and
the limited quantity marking in

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§§ 172.315 and 172.327 of the HMR,
respectively.
Part 173
Section 173.4
Section 173.4 prescribes the
requirements for small quantities of
hazardous materials offered for
transportation and transported by
domestic highway or rail. PHMSA is
revising paragraph (a) and adding new
paragraph (a)(1)(v) to allow Division 2.2
(non-flammable, non-poisonous,
compressed gas) material without a
subsidiary hazard (except for aerosols)
without applying for an approval from
the Associate Administrator as
prescribed under paragraph (c) of this
section. Other Class 2 materials,
including Division 2.2 aerosols, will
still require approval under § 173.4(c) of
the HMR. These amendments are
consistent with the authorization under
§ 173.4a(b)(1) for Division 2.2 gases
without a subsidiary hazard in addition
to the new restriction to exclude
aerosols from authorized materials in
§ 173.4a of the HMR. See Section 173.4a
for a discussion of revisions for
excepted quantities of hazardous
materials.
Section 173.4a
Section 173.4a prescribes the
requirements for excepted quantities of
hazardous materials offered for
transportation and transported by all
modes, domestic or international.
PHMSA is amending paragraph (a) by
adding a new paragraph (a)(4) regarding
pressure differential capability for
packages intended for transportation by
aircraft in accordance with § 173.27(c)
of the HMR. PHMSA is also amending
paragraph (b)(1) to clarify that the
authorization for Division 2.2 (nonflammable, non-poisonous, compressed
gas) excludes aerosols as an excepted
quantity material. Such articles are
authorized as a limited quantity under
both domestic and international
standards. Additionally, PHMSA is
revising paragraph (b)(5) to add
polyester resin kits to the types of
Division 5.2 (organic peroxide) material
authorized as an excepted quantity and
is revising paragraph (d)(3) by correcting
the outer packaging aggregate quantity
limit for Division 5.2 liquids from 250
mL to 500 mL. Lastly, PHMSA is adding
a new paragraph (g)(3) that requires
when packages of excepted quantities
(see the Section 173.25 discussion) are
contained in an overpack, and the
package markings required by this
section are not visible inside the
overpack, the excepted quantities
marking must also be placed on the

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overpack. Additionally, an overpack
containing packages of excepted
quantities is not required to be marked
with the word ‘‘OVERPACK.’’

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Section 173.4b
Section 173.4b prescribes the
requirements for de minimis quantities
of hazardous materials offered for
transportation and transported by all
modes, domestic or international.
Consistent with the international
standards, PHMSA is adding a new
paragraph (b) to except non-infectious
specimens (e.g., museum specimens)
preserved with small amounts of certain
Class 3 (flammable liquid) materials for
scientific purposes from the
requirements of the HMR. This
amendment is consistent with previous
interpretations we have issued on this
matter indicating these specimens do
not pose a risk to safety during the
course of transportations.
One commenter (AVMA) expressed
support for the adoption of this
exception as essential to the conduct of
professional work of veterinarians.
Therefore, in this final rule, we are
adopting the exception from full
regulation under the HMR for noninfectious specimens preserved with
small amounts of certain Class 3
(flammable liquid) material for scientific
purposes.
Section 173.25
Section 173.25 prescribes the
requirements for certain authorized
packagings and overpacks. Consistent
with the international standards,
PHMSA is requiring an overpack
containing packages of limited quantity
material marked with the new limited
quantities marking required by this final
rule (see the Section 172.315
discussion) to be marked with the word
‘‘OVERPACK’’ if the markings are not
visible, in addition to all other required
package markings. This mark is an
indication that the packages contained
within the overpack are in accordance
with the HMR. Additionally, for
excepted quantities (see the Section
173.4a discussion) where the required
package markings are not visible inside
an overpack, the excepted quantities
marking must also be placed on the
overpack. An overpack containing
packages of excepted quantities is not
required to be marked with the word
‘‘OVERPACK.’’
Section 173.27
Section 173.27 prescribes the general
requirements for packaging offered or
intended for air transportation. In this
final rule, PHMSA is amending
paragraph (f) by adding a new Table 3

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that outlines the requirements for
limited quantities intended for air
transportation consistent with the 2011–
2012 ICAO Technical Instructions,
where appropriate. See the limited
quantity, consumer commodity and
ICAO Technical Instructions alignment
NPRM comment discussion in Section
III.A.5 of this rule.
Section 173.40
Section 173.40 specifies the general
packaging requirements for toxic
materials packaged in cylinders.
PHMSA is amending paragraph (c)(1)
concerning closure requirements by
requiring the valve connections on UN
Specification cylinders to be made by a
taper thread or some other means in
accordance with ISO Standard 10692–
2:2001.
Section 173.58
Section 173.58 outlines the
assignment of class and division for new
explosives. Based on a recommendation
from comments provided by IME, we
are revising paragraph (a)(5) to include
a reference to the Type 6(d) test for
determination of Division 1.4S
classification for consistency with the
adoption of the new test.
Section 173.59
Section 173.59 provides definitions of
explosive terms that are intended for
information only. The UN Committee of
Experts (COE) recently defined the term
‘‘phlegmatized’’ to meaning the addition
of a substance to an explosive to
enhance its safety in handling and
transport. One commenter indicated
support for adoption of the proposed
definition of ‘‘phlegmatized,’’ therefore,
in this final rule PHMSA is adopting the
definition in the HMR as proposed.
Section 173.63
Section 173.63 specifies packaging
exceptions for limited quantities of
certain Division 1.4S explosive articles
authorized for reclassification and
transport as ORM–D material. Prior to
offering for transportation by aircraft,
‘‘Cartridges, power devices, ORM–D–
AIR’’ (UN0323), must have been
successfully tested in accordance with
the new UN Test Series Type 6(d) test
beginning July 1, 2011. See the Section
172.102, Special Provision 347
discussion. This requirement is a
condition for the continuation of a
Division 1.4S classification and for
reclassification to ORM–D for limited
quantities of such articles intended for
transportation by international highway,
rail and vessel and domestic vessel
effective January 1, 2012. Limited
quantities of such articles approved as

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3333

Division 1.4S prior to January 1, 2012,
may continue to be reclassed as ORM–
D and offered for domestic highway and
rail transportation only until January 1,
2014.
Section 173.120
Section 173.120 defines Class 3
(flammable liquid) material. PHMSA is
revising paragraph (c) to add new
testing methods for determining the
flash point of a liquid. See Section 171.7
for a listing of materials incorporated by
reference pertaining to § 173.120.
Section 173.121
Section 173.121 prescribes the
packing group assignment for flammable
liquids. The HMR do not specify a test
method for determining the boiling
point of a liquid which may be
necessary for liquids with very low flash
points. PHMSA is revising paragraph (a)
to add new testing methods for
determining the boiling point of a
liquid. See Section 171.7 for a listing of
materials incorporated by reference
pertaining to § 173.121.
Section 173.124
Section 173.124 defines Class 4
material. For consistency with a
revision adopted in the UN Model
Regulations, PHMSA is amending the
definition of ‘‘self-heating’’ in
§ 173.124(b)(2) of the HMR to read:
‘‘Self-heating of a substance is a process
where the gradual reaction of that
substance with oxygen (in air) generates
heat. If the rate of heat production
exceeds the rate of heat loss, then the
temperature of the substance will rise
which, after an induction time, may
lead to self-ignition and combustion.’’
Section 173.137
Section 173.137 establishes test
criteria and packing group assignments
for Class 8 (corrosive) material. Since
1993, PHMSA has authorized under the
terms of a special permit (i.e., DOT–SP
10904) an in vitro test method (available
commercially as Corrositex®) as an
alternative form of testing to that
specified in the HMR, which is based on
live animal test results, to determine the
corrosivity of certain materials.
Materials authorized for analysis using
the alternative test method include
acids (and their derivatives), acyl
halides, alkylamines and
polyalkylamines, bases, chlorosilanes,
metal halides, and oxyhalides.
The UN COE recently recognized and
adopted in vitro test methods in the UN
Model Regulations as an alternative
form of testing to that specified in OECD
Guideline for Testing of Chemicals,
Number 404, ‘‘Acute Dermal Irritation/

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Corrosion.’’ The following alternative in
vitro test methods include OECD
Guidelines for the Testing of Chemicals:
• No. 430, ‘‘In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance
Test (TER)’’ (2004);
• No. 431, ‘‘In Vitro Skin Corrosion:
Human Skin Model Test’’ (2004); and
• No. 435, ‘‘In Vitro Membrane Barrier
Test Method for Skin Corrosion’’ (2006).
A positive test result under in vitro
methods 430 and 431 may be used to
determine corrosivity for transportation
purposes but cannot be used to
determine the PG assignment. A
negative result for corrosivity under in
vitro methods 430 and 431 can preclude
further testing to determine PG
assignment using method 404, the
current OECD Guideline involving in
vivo testing, or method 435, the newly
adopted OECD Guideline involving in
vitro testing.
Based on the adoption of three new
OECD guidelines for the in vitro testing
of materials for corrosivity in the UN
Model Regulations and through
encouragement from PETA to adopt
these new test methods in a petition for
rulemaking (P–1550), we proposed to
adopt such guidelines as matter
incorporated by reference (IBR) in
§§ 171.7 and 173.137 of the HMR.
In response to our proposal to
incorporate several in vitro test methods
for determination of corrosivity,
PHMSA has received over 900
comments supporting the proposal,
including a comment from PETA. We
received no opposition. Therefore, we
are adopting the OECD Guideline Test
Nos. 430, 431, and 435, and revising
Test No. 404 as proposed. Further,
PETA urged PHMSA to facilitate access
to DOT–SP 10904 through our Web site
until such a time that this final rule
becomes effective, and requested that
PHMSA remove letters of interpretation
that they believe recommend the use of
in vivo testing even though alternative
in vitro testing is available.
With regard to PETA’s additional
requests, they are beyond the scope of
this rulemaking. However, we note that
in prior correspondence with PETA,
PHMSA has indicated that information
about DOT–SP 10904 can be obtained
by entering ‘‘Corrositex’’ in the search
feature of the PHMSA Office of Hazmat
Safety Web site. Also, the special permit
may be accessed by entering ‘‘10904’’ in
the search feature on our special permits
Web site or by conducting a group
number search.
We agree with PETA that non-live
animal testing should be used where
available and encourage shippers to use
the in vitro test methods to determine
the classification of a material as

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corrosive and assignment of a packing
group. We also remind shippers that
historical data may also be used to
classify a material in accordance with
§ 173.136(c). Thus, in this final rule we
are revising § 173.136(a) to codify the
authorization to use in vitro test
methods and to highlight the
availability of classifying a material
based on historical data.
Sections 173.150, 173.151, 173.152,
173.153, 173.154 and 173.155
Sections 173.150 through 173.155
prescribe the exceptions for certain
Class 3, 8 and 9 and Division 4.1, 4.2,
4.3, 5.1, 5.2, 6.1 hazardous materials
under the HMR. In this final rule,
PHMSA is revising each of these
sections to recognize the UN Model
Regulations and IMDG Code package
quantity limits for the highway, rail, and
vessel transportation of limited
quantities. No limited quantity limits
decrease and two increase slightly to
maintain alignment with the
international standards for transport by
other than aircraft. Additionally, the
packaging provisions for ‘‘Polyester
resin kits’’ are removed from § 173.152,
as proposed, and placed in new
§ 173.165 for clarity.
When PHMSA lowered the quantity
limits for Division 6.1 (poisonous)
materials of PG II (primary or
subsidiary) authorized as a limited
quantity in a final rule published under
Docket HM–215G (70 FR 34065, June
13, 2005), it did not authorize the
labeling exception for such packages
when intended for transportation by
highway, rail and vessel, nor did it
authorize renaming and reclassification
as ‘‘Consumer commodity, ORM–D’’ for
such materials. In this final rule, except
for transportation by aircraft, we are
authorizing the labeling exception for
packages of limited quantity material
with a Division 6.1, PG II primary or
subsidiary hazard and, until December
31, 2013, we are authorizing renaming
and reclassification as ‘‘Consumer
commodity, ORM–D’’. Additionally,
until December 31, 2012, a consumer
commodity as defined in § 171.8 in
effect on October 1, 2010 may continue
to be packaged, reclassed and marked
‘‘ORM–D–AIR’’ either in accordance
with the new Table 3 of § 173.27(f) or
§§ 173.150 through 173.155 and
173.306, as applicable. PHMSA fully
believes this eventual alignment with
international standards will improve
clarity, promote regulatory compliance,
reduce employee training costs and
enhance safety overall.

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Section 173.161
Section 173.161 prescribes packaging
requirements for chemical kits and first
aid kits containing small amounts of
hazardous materials. In this final rule,
PHMSA is editorially revising the
section. In addition, PHMSA is
authorizing transport of dry ice in
accordance with § 173.217 in packaging
authorized under this section when
used as a refrigerant for the contents of
a kit.
Section 173.165
A new section 173.165 is added to
prescribe packaging and other
requirements for ‘‘Polyester resin kits,
UN3269’’ formerly contained in
§ 172.102, special provision 40 and
§ 173.152(b)(4) of the HMR. This
amendment is intended to provide
clarification of existing requirements
while also harmonizing the HMR with
international standards.
Section 173.167
A new section 173.167 is added to
indicate authorized materials and
quantity limits for articles and
substances that may be described as
‘‘ID8000, Consumer commodity,’’ when
intended for transportation by all modes
of transport provided all or some of the
transportation is by aircraft. Such
articles and substances eligible for
classification or reclassification to Class
9 are Class 2 materials (non-toxic
aerosols only), Class 3 materials
(Packing Group II and III only), Division
6.1 (Packing Group III only), UN/
NA3077, UN/NA3082, and UN3175,
provided such materials do not have a
subsidiary risk and are authorized
aboard a passenger-carrying aircraft.
Inner and outer packaging quantity
limits are based on Packing Instruction
Y963 of the 2011–2012 ICAO TI.
Specification outer packagings are not
required under the conditions
prescribed in this section. Additionally,
the pressure differential capability of
the inner packagings of a combination
packaging intended to contain liquids is
reduced from 95 kPa to 75 kPa for
materials offered for transportation and
transported by aircraft under the
provisions of this section.
Section 173.220
Section 173.220 provides exceptions
from regulation under the HMR for the
transport of internal combustion
engines, self-propelled vehicles,
mechanical equipment containing
internal combustion engines, and
battery-powered vehicles or equipment.
This section is revised to include
engines, vehicles, and equipment
powered by fuel cells consistent with

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similar provisions under international
standards.
Section 173.225
Section 173.225 specifies packaging
requirements and other provisions for
organic peroxides. When the § 172.101
HMT specifies this section, the organic
peroxide must be packaged and offered
for transportation in accordance with
the provisions of this section. Each
packaging must also conform to the
general requirements of Subpart B of
Part 173 and to the applicable
requirements of Part 178 of the HMR.
Specifically, organic peroxides that
UN3106 ..............................
Exempt ...............................
UN3105 ..............................

require temperature control are subject
to § 173.21(f). When an IBC or bulk
packaging is authorized and meets the
requirements of paragraph (f) or (h) of
§ 173.225, respectively, lower control
temperatures than those specified for
non-bulk packaging may be required.
An organic peroxide not identified in
paragraph (c), (e), or (g) of § 173.225 by
technical name, or not assigned to a
generic type in accordance with
paragraph (b)(3) of this section, must
conform to the requirements in
paragraph (c) of § 173.128.
The Organic Peroxides Table specifies
by technical name those organic

3335

peroxides that are authorized for
transportation and not subject to the
approval provisions of § 173.128. An
organic peroxide identified by technical
name is authorized for transportation
only if it conforms to all applicable
provisions of the table. In this final rule,
PHMSA is amending the Organic
Peroxide Table in § 173.225(c)(8) by
adding a new entry and revising current
entries. We are revising an entry to the
Organic Peroxide IBC Table in
paragraph (e) of this section.
The following entries in the Organic
Peroxide Table are being revised:

Di-(2-tert-butylperoxyisopropyl) benzene(s).
Di-(2-tert-butylperoxyisopropyl) benzene(s).
2,5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane.

The following entry is added to the
Organic Peroxide Table:
UN3103 ..............................

2,5-Dimethyl-2, 5-di-(tert-butylperoxy) hexane.

One commenter (Arkema) requested
that PHMSA provide a packing method
exception for domestic transportation of
greater than 90% concentrations of this
material based on a history of safe
transportation. The proposed revision to
this entry changed the packing method
for this material in concentrations of
90–100% from OP7 to OP5, reducing
the maximum quantity per package from
60 L to 30 L per package. Arkema stated:
[We ship] a 97% solution in 100 pound
drums. Since August 2005 we have shipped
[approximately] 1,800,000 pounds. We have
had only one incident in the 5 year time
period. This incident was the result of a
pallet nail puncture. We suggest that a note
be added to column (8) for domestic
shipments [that] OP7 is authorized.

We disagree. The UN Committee of
Experts adopted the reclassification of
90–100% concentrations of 2, 5–
Dimethyl-2, 5-di-(tert-butylperoxy)
UN3109 ..............................

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2, 5–Dimethyl-2, 5-di-(tert-butylperoxy)
hexane to the UNSCOE (see UN working
document ST/SG/AC.10/C.3/2008/66
available on the UNSCOE Web site).
We applaud Arkema’s safe record of
transportation using packing method
OP7 for a greater than 90%
concentration of material. However,
based on data provided by the German
competent authority indicating a more
conservative classification, in this final
rule, we are keeping this entry as
proposed. We invite Arkema to submit
test results for their 97% solution of 2,
5-Dimethyl-2, 5-di-(tert-butylperoxy)
hexane should the results indicate a
classification that differs from the entry
adopted in this final rule.
The following entry in the Organic
Peroxide IBC Table is being revised to
authorize a 31H2 freestanding, rigid
plastic IBC:

Peroxyacetic acid, stabilized, not more than 17%.

Section 173.230
Section 173.230 prescribes the
requirements for fuel cells offered for
transportation by all modes. In
paragraph (g), PHMSA proposed to
allow only those fuel cells containing
flammable liquids and corrosive
materials to be transported as a limited
quantity by aircraft. In paragraph (h),
PHMSA also proposed prohibiting the
reclassification to ‘‘Consumer
commodity, ORM–D–AIR’’ for

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hexane, which entails the more
conservative packing method OP5,
based on a proposal submitted by the
German competent authority. Available
industry test data from results on this
material at concentrations greater than
90% using the E1 Koenen test in the UN
Manual of Tests and Criteria varies from
1.5–2.0 mm. Based on differences in
industry test results, the German
competent authority conducted a
number of E1 Koenen tests on various
concentrations of 2, 5-Dimethyl-2, 5-di(tert-butylperoxy) hexane exceeding
90%. Their conclusion was that the
limiting diameter is 2.0 mm at
concentrations above 90%, and
therefore, they proposed a
reclassification from an ‘‘Organic
Peroxide, Type D, liquid, UN3105’’ to an
‘‘Organic Peroxide, Type C, liquid,
UN3103’’ for 90–100% concentrations of

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transportation by aircraft. Several
commenters (BIC, COSTHA, DGAC,
IATA, LSI, Signa, Trulite, USFCC)
expressed strong disapproval to not
extending the limited quantity
provisions to fuel cell cartridges
containing either Division 2.1
(flammable) gas or water-reactive solids.
They noted that the only difference
between authorizing and not
authorizing these materials as limited
quantities is the required use of UN
specification packaging and that

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PHMSA offers no safety rationale for
this exclusion as the fuel cell cartridges
themselves are subject to much more
stringent construction, testing, and
packaging requirements than for similar
articles (e.g., aerosols).
We agree. In this final rule, based on
comments received, we are authorizing
the transportation of flammable gas and
water-reactive solid fuel cell cartridges
as limited quantities in addition to
authorizing their transport as consumer
commodities (except for transportation

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by aircraft) if all conditions for limited
quantity provisions are met.
Section 173.301b
Section 173.301b prescribes general
requirements for shipment of UN
pressure receptacles. PHMSA is revising
paragraph (c)(2)(iii) to indicate that
valve protection requirements for metal
hydride storage systems are specified in
ISO 16111. Additionally, we are
revising paragraph (e) regarding the
integrity of UN pressure receptacles
used for pyrophoric gases or flammable
mixtures of gases containing more than
1% pyrophoric compounds in
accordance with the sixteenth revised
edition of the UN Model Regulations.
Section 173.306
Section 173.306 prescribes the
requirements for limited quantities of
compressed gases. PHMSA is revising
paragraph (h) to clarify that, except for
transportation by aircraft, lighter refills
in the ORM–D hazard class are eligible
for the exceptions in paragraph (i) of
this section and in § 173.156.
Additionally, PHMSA is revising
paragraph (i) of the section to recognize
the new marking for limited quantities
of such materials and to provide a
transitional period for the eventual
elimination of the ORM–D hazard class.
PHMSA is also editorially revising
paragraph (l) for clarity.

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Section 173.307
Section 173.307 establishes
exceptions for compressed gases. In this
final rule, PHMSA is adding certain
types of light bulbs to the section
provided they are packaged
appropriately so that if a bulb ruptures
all pieces are contained within the
package.
Section 173.311
PHMSA is adding a new § 173.311 to
prescribe the packaging requirements
for ‘‘Metal hydride storage systems,
UN3468’’ used for the transport of
hydrogen as proposed. A metal hydride
storage system is a single complete
hydrogen storage system that includes a
receptacle, metal hydride, a pressure
relief device, a shut-off valve, service
equipment and internal components.
The HMR do not prescribe specific
packaging or shipping methods for
metal hydride storage systems
containing hydrogen. However, PHMSA
has issued a number of special permits
to allow the use of these systems for
transport. The UN Model Regulations,
in new Packing Instruction P205,
prescribe standards for the construction,
qualification, marking and
requalification of such systems and are

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the basis for the new HMR
requirements. Some amendments in
new § 173.311 include:
• Application to transportable metal
hydride storage systems with pressure
receptacles not exceeding 150 liters in
water capacity and having a maximum
developed pressure not exceeding 25
MPa.
• Requirement that transportable
metal hydride storage systems be
designed, constructed, initially
inspected and tested in accordance with
ISO standard 16111:2008,
‘‘Transportable gas storage devices—
Hydrogen absorbed in reversible metal
hydride,’’ as authorized under
§ 178.71(f) (formerly reserved).
• Requirement that steel pressure
receptacles or composite pressure
receptacles with steel liners be marked
in accordance with § 173.301b(f) of the
HMR, which specifies that a steel UN
pressure receptacle bearing an ‘‘H’’ mark
must be used for hydrogen bearing gases
or other gases that may cause hydrogen
embrittlement.
• Requirement of a requalification
interval of no more than five years as
specified in § 180.207 of the HMR in
accordance with the requalification
procedures prescribed in ISO 16111.
Section 173.322
Section 173.322 prescribes various
packaging methods for ethyl chloride. In
this final rule, PHMSA is adopting the
amended provisions from packaging
instruction P200 of the UN Model
Regulations for ethyl chloride in a new
paragraph (e). This new packaging
method authorizes ethyl chloride in
capsules not exceeding 150 g of gas
each, closed with a secondary means
applied, and placed in a strong outer
packaging not to exceed 75 kg gross
mass.

aerosols in Division 2.2, specifically for the
dispensing of whipped cream or other food
products * * * We believe if this list was
amended by including ‘‘aerosols’’ this issue
would be resolved.

We agree. Therefore, in this final rule
we are revising paragraph (b)(3) to
authorize use of Division 2.2 aerosols to
dispense food products.
Section 175.9
Section 175.9 prescribes the
applicability of the HMR to special
aircraft and rotocraft operations. This
section also prescribes the conditions
under which certain operations may be
performed in accordance with 14 CFR
and 49 CFR (e.g., avalanche and weather
control). In this final rule, PHMSA is
emphasizing that rotocraft operations
are fully subject to both sets of
regulations.
One commenter suggested revising
paragraph (b)(6) to provide clarity. IME
stated:
This suggested language is consistent with
[§] 177.835(g), which addressed the identical
compatibility issue between explosives and
detonators that are transported on the same
conveyance. In addition, use of the terms
‘‘dynamite’’ and ‘‘blasting caps’’ without the
additional reference to Division 1.1, 1.2, and
1.3 material could lead to the unintentional
misinterpretation or misapplication of the
rule.

We agree. Based on the comment
provided, we are revising § 173.59(b)(6)
to provide clarification.

Section 175.8 provides exceptions
from certain regulations for air carrier
operator equipment and items of
replacement. PHMSA is revising
paragraph (b)(3) to clarify that
transportation of alcoholic beverages,
perfumes, colognes, and liquefied gas
lighters carried aboard a passengercarrying aircraft by an operator must be
for use or sale of those items on that
specific aircraft.
Two commenters (AA, COSTHA)
requested that PHMSA align paragraph
(b)(3) with the ICAO TI to permit
onboard use of aerosols. COSTHA
noted:

Section 175.10
Section 175.10 specifies the
conditions for which passengers, crew
members or an operator may carry
hazardous materials aboard an aircraft.
PHMSA is adding a new paragraph
(a)(17) to permit a mobility aid such as
a wheelchair, containing a lithium ion
battery, to be transported in accordance
with the exceptions provided in this
section. A wheelchair or other mobility
aid that contains a lithium metal battery
is not permitted aboard a passengercarrying aircraft. As a result of this
amendment, current paragraph (a)(17) is
redesignated as paragraph (a)(18) and
current paragraph (a)(18) is redesignated
as paragraph (a)(19).
Three commenters (IATA, PRBA,
Scoot) supported our proposal to add a
new paragraph providing an exception
for wheelchairs or other mobility aids
containing a lithium ion battery, but
requested that for consistency, we
further align with the ICAO TI and
accommodate carriage of these items by
disabled passengers by allowing carriage
in the aircraft cabin. For instance, Scoot
shared:

A number of carriers currently are required
to obtain a special permit to transport

Our mobility scooter [is] designed to fold
up and be stowed in the passenger cabin

Part 175
Section 175.8

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* * *. They are often small enough to fit in
the overhead bin. [T]he lithium-ion batteries
are removed and hand-carried by the
passenger in the same manner as * * *
lithium-ion batteries used for consumer
electronics.

PRBA expressed disappointment that
PHMSA did not address authorizing
passenger transport of certain medical
devices powered by lithium metal
batteries in this final rulemaking. We
recognize the need for persons with
medical disabilities to be able to carry
devices powered by lithium metal
batteries aboard a passenger-carrying
aircraft. However, such a provision will
be addressed in a separate rulemaking.
Paragraph (a)(19) is being revised to
allow passengers and crew members to
place certain spare fuel cell cartridges in
checked baggage. This exception
currently does not apply to Divisions
2.1 or 4.3 materials contained in spare
fuel cell cartridges. Although the ICAO
TI only restricts spare fuel cell
cartridges containing Division 4.3 liquid
materials from checked baggage,
PHMSA strongly believes that the
restriction must also include spare
cartridges containing Division 2.1
materials. Thus, PHMSA proposed to
allow spare fuel cell cartridges
containing flammable and corrosive
liquids in checked baggage while
continuing to require spare fuel cell
cartridges containing Division 2.1 and
4.3 materials to be carried aboard an
aircraft in carry-on baggage only.
One commenter (ALPA) supported
our position while several commenters
(COSTHA, DGAC, IATA, JEMA, PRBA,
TAEC, Trulite, USFCC) voiced strong
opposition to our proposal to limit fuel
cell cartridges permitted in checked
baggage to those with flammable liquid
or corrosive liquid fuels. As several
commenters indicated, PHMSA did not
provide data or analysis supporting the
proposal, while tests performed at the
FAA Technical Center on fuel cell
cartridges containing flammable liquid
material indicated that in the case of a
fire involving these materials, the fire
can be readily extinguished with current
fire suppression systems onboard an
aircraft.
Because Division 2.1 flammable gases
are generally prohibited in air
transportation on a passenger-carrying
aircraft as cargo and due to the
questionable integrity of such articles
when packed in a passenger’s checked
baggage, PHMSA is adopting the
prohibition in checked baggage of fuel
cell cartridges containing Division 2.1
flammable gases and Division 4.3 solid
dangerous when wet materials as
proposed.

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Section 175.25
PHMSA currently requires operators
to provide certain information to
passengers regarding what hazardous
materials they may check-in or carry-on
a flight. Effective January 1, 2013, this
information is to be provided at points
of ticket sale and at automated or remote
passenger check-in. Consistent with the
ICAO TI, these amendments will require
a passenger to acknowledge such
limitations before a ticket purchase and
automated or remote check-in can be
finalized. PHMSA believes these
amendments only clarify existing
regulatory requirements in § 175.25 that
have not been updated due to changing
technologies used by air carriers to
either sell tickets (Internet) or check-in
passengers (automated kiosks).
Additionally, these amendments
provide air carriers greater flexibility in
how the information they are required
to provide passengers on hazardous
materials is disseminated to them.
Section 175.30
Section 175.30 prescribes inspection
procedures for operators. PHMSA is
revising paragraph (e) regarding
overpack marking requirements for
packages of limited and excepted
quantities offered for transportation by
aircraft.
Section 175.75
Section 175.75 prescribes quantity
limitations and cargo location
requirements for hazardous materials
transported by aircraft. PHMSA is
revising paragraph (e) to correct an
inadvertent cargo compartment
restriction for passenger-authorized
materials carried aboard a cargo-only
aircraft published in a final rule under
Docket HM–215J (74 FR 2267, January
14, 2009). PHMSA is also revising
paragraph (f) Quantity and Loading
Tables for clarity.
Several commenters (ALPA,
COSTHA, PRBA, UPS) objected to our
inclusion of limitations on the stowage
of lithium batteries in § 175.75 of the
HMR and strongly urged that the
limitations be removed from this
rulemaking and addressed in a separate
lithium battery rulemaking such as HM–
224F. We agree. All reference to lithium
batteries in our revisions to § 175.75 are
removed from this rulemaking.
One commenter (UPS) fully supported
our proposed clarification of the use of
the Class C cargo compartment for
shipments of material eligible for
passenger aircraft under § 175.75(d);
however, UPS did recommend an
additional revision for clarity.
Therefore, in this final rule we are

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revising paragraph (d) further to
incorporate a second note into the table
to clarify that for cargo-only aircraft,
packages required to be loaded in a
position considered accessible include
those loaded into a Class C cargo
compartment.
Several commenters requested that
PHMSA offer the same exception from
the loading restrictions in § 175.75 for
limited quantity packages as are
currently authorized for Class 9 and
ORM–D–AIR materials. We agree that
such packages should be afforded the
same exceptions from the loading
restrictions of § 175.75 as ORM–D–AIR
materials and are revising the section
accordingly.
Section 175.78
Section 175.78 prescribes the stowage
compatibility of hazardous materials
offered for transportation by aircraft.
PHMSA is revising paragraph (c)(4)(iii)
to specify that, except as provided in
paragraph (c)(4)(iv) of § 175.78, Division
1.4B explosive materials may only be
stowed together with Division 1.4S
explosive materials. This revision is in
accordance with an amendment made in
the 2011–2012 ICAO Technical
Instructions.
Part 176
Section 176.2
Section 176.2 establishes definitions
specific to the transportation of
hazardous materials by vessel. PHMSA
is revising the definition for ‘‘Cargo
transport unit’’ to include a multipleelement gas container or MEGC.
Section 176.63
Section 176.63 sets forth and
describes the basic physical
requirements for authorized stowage
locations of hazardous materials on
board vessels. PHMSA is amending
paragraph (f)(2) by removing reference
to the specific year of SOLAS, Chapter
II–2/Regulation 19 (i.e., 1974, as
amended) for consistency with the
manner in which IBR material is
indicated throughout the HMR in
outlying sections.
Section 176.76
Section 176.76 prescribes certain
requirements for transport vehicles,
freight containers, and portable tanks
containing hazardous materials
transported by vessel. In this final rule,
we are revising paragraph (a)(9) to
require that when security devices,
beacons or other tracking or monitoring
equipment are used, they must be
securely installed and must be of a
certified safe type for the hazardous

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materials that will be carried within the
freight container or transport vehicle.
Section 176.84
Section 176.84 outlines additional
requirements for stowage and
segregation of hazardous materials
transported by cargo and passenger
vessels. In this final rule, PHMSA is
removing the redundant stowage code
143. This provision is currently
assigned to UN1259, UN2845, UN3194,
UN3392, and UN3394, and prohibits the
carriage of the materials aboard a vessel
transporting Class 1 (explosive) material
(except for explosives of Division 1.4S).
See Section 172.101 Hazardous
Materials Table for the amendment that
adds stowage code 78 to the above
materials of extreme flammability. Such
materials are now required to be
‘‘separated longitudinally by an
intervening complete compartment or
hold from explosives’’ based on
amendments adopted in the IMDG
Code.

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Section 176.142
Section 176.142 prescribes the
requirements for hazardous materials of
extreme flammability transported on the
same vessel as Class 1 (explosive)
materials. In this final rule, PHMSA is
deleting this section as the restriction no
longer exists. Hazardous materials of
extreme flammability are no longer
prohibited from stowage on the same
vessel as explosives. For entries
previously affected by this section, the
most restrictive stowage requirements
are required.
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. For consistency
with Amendment 35–10 of the IMDG
Code, PHMSA is removing the signage
requirement for such articles in
paragraph (a)(5) and the ignition key
removal provisions from paragraph
(a)(6). Additionally, we are revising this
section to account for modern designs of
vehicles and equipment that are
powered by engines other than internal
combustion engines (e.g., electric
engines powered by a fuel cell, hybrid
vehicles). We are revising this section to
include language applicable to address
these new designs. We did not propose
these changes in the August 24, 2010
NPRM, but we do not believe including
language to account for new designs
imposes new restrictions or any greater
burdens than currently in the
regulations.

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Part 178
Section 178.71
Section 178.71 establishes the
specifications for UN pressure
receptacles. In this final rule, PHMSA is
adopting the regulatory relief proposed
in Docket HM–218F (75 FR 60017, 75
FR 60017) by revising the requirements
in paragraph (c)(1) to allow the use of
a proof pressure test in addition to the
volumetric expansion test. The ISO
7866 and 9809 standards permit either
the proof pressure test or volumetric
expansion test to be used. The
volumetric expansion test measures the
cylinder’s elastic expansion and assures
the cylinder received a proper heat
treatment. However, the ISO standards
also require each cylinder be subjected
to a hardness test and a comprehensive
shear wave ultrasonic examination (UE).
PHMSA believes the combination of the
proof pressure test, hardness test, and
UE should provide adequate assurance
that each cylinder received a proper
heat treatment. This limitation (i.e.,
volumetric expansion test only) is also
removed from the test pressure marking
requirement in the redesignated
paragraph (p)(6).
In this final rule, PHMSA is also
amending the cylinder bundle marking
requirements in § 178.71(e) by adding a
new paragraph (e)(8) specifying that
pressure vessel markings only apply to
the pressure vessel itself and not to the
assembly structure of the bundle.
Additionally, we are adding new
paragraphs (f) and (m) that establish the
design and construction requirements
for UN metal hydride storage systems
and refillable welded cylinders,
respectively. To accomplish this, we are
redesignating paragraphs (m) through (r)
as paragraphs (n) through (s), and
revising paragraphs (q) and (s)
accordingly to correct paragraph
references. Further, we are adding three
ISO standards to the IBR table in § 171.7
of the HMR for UN refillable welded
cylinders (ISO 4706, 18172–1 and
20703). Lastly, we are requiring that
transportable metal hydride storage
systems (see § 173.311) be designed,
constructed, initially inspected and
tested in accordance with ISO
16111:2008, ‘‘Transportable gas storage
devices—Hydrogen absorbed in
reversible metal hydride,’’ as authorized
under § 178.71(m).
Section 178.275
Section 178.275 prescribes
requirements for UN portable tanks
intended for transportation of liquid and
solid hazardous materials. Section
178.275(h) prohibits the use of fusible
elements on portable tanks with a test

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pressure which exceeds 2.65 bar (265
kPa). In § 172.102(c)(8), we are adding a
new portable tank special provision
TP36 authorizing the use of fusible
elements in the vapor space of portable
tanks with a gauge test pressure that
exceeds 265 kPa (38.4 psig/2.65 bar) for
certain organometallic substances. In
this final rule, we are authorizing use of
fusible elements based on a wellestablished history of safe transportation
of these substances in portable tanks
equipped with fusible elements capable
of properly functioning at pressure of at
least 1,000 kPa (145 psig/10 bar). Past
experience of the use of fusible elements
indicates reliability and a proper
functioning even in the event of a
release during loading or unloading.
Additionally, for organometallic
materials that are shipped in rigid
portable tanks with a minimum test
pressure of more than 265 kPa (38.4
psig/2.65 bar), the tanks are required to
be equipped with a depressurizing
system that releases the inside pressure
to avoid rupturing the tank as a result
of an inadvertent release or fire. Fusible
elements are used by shippers as a
secondary pressure relief device, in
addition to a re-closing pressure relief
device. Therefore, we are revising
§ 178.275(h) to reference special
provision TP36 authorizing the use of
fusible elements in the vapor space of a
portable tank used for the transport of
certain organometallic materials.
Section 178.347–1
Section 178.347–1 prescribes the
general requirements for DOT
Specification 407 cargo tank motor
vehicles. Paragraph (d)(9) prescribes
weld integrity, compliance and
acceptance criteria for bulkheads.
The exception in § 178.347–1(d)(8)
currently provides an unconditional
exception from UW–12 for all joints.
Section 178.347–1(d)(9) applies a
condition to one particular joint
configuration in a head. In petition
P–1333, TTMA requested that we adopt
a weld joint efficiency of 0.85 for head
seams in bulkheads on DOT 407 cargo
tanks. Based on review of the TTMA
petition and additional information that
was provided, we proposed in the HM–
213 NPRM (66 FR 63095, December 4,
2001) that the strength of a weld seam
in a bulkhead without radiographic
examination of the weld must be 0.85 of
the strength of the bulkhead. The
welded seam must be a full penetration
butt weld, no more than one seam may
be used per bulkhead, and the welded
seam must be completed before forming
the dish radius and knuckle radius.
TTMA commented on the proposal
stating, ‘‘[w]hile we agree with the

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proposal to allow a provisional 85%
weld joint efficiency for DOT 407 heads
with butt-welded seams, we would like
to see the requirements of UW–12 of the
ASME Code specifically exempted for
this welded joint. Even though this
section implies an exemption, the
exemption is not specific. We suggest
the following wording, ‘‘[t]he strength of
a weld seam in a bulkhead that has not
been radiographically examined shall be
0.85 of the strength of the bulkhead and
be exempted from the requirements of
UW–12 of the ASME Code under the
following condition’’.
In the HM–213 final rule, we agreed
with TTMA’s comment and agreed to
make the change though the change
occurred in a corrections document (68
FR 52363, September 3, 2003). The final
rule stated: ‘‘[I]n its comments to the
NPRM, TTMA agrees with the
provisional 85% weld joint efficiency
for DOT 407 heads with butt-welded
seams. However, TTMA suggests that
we include the requirements of Part
UW–12 of the ASME Code to the list of
excepted requirements in § 178.347–
1(d)(8). We agree with TTMA. In this
final rule, we are adding Part UW–12 of
the ASME Code to the list of excepted
requirements.’’
In October 2004, we added an
exception from the radiography/joint
efficiency requirements of ASME VIII
section UW–12 for DOT 407 cargo tanks
with MAWP of 35 psig and less in
§ 178.347–1(d)(8) and (9). The intent
was to provide a conditional alternate
means of determining a joint efficiency
for certain head welds. Listing UW–12
in § 178.347–1(d)(8) instead of (9),
however, results in an unconditional
exception from UW–12 in all welds on
these tanks. Therefore, because we
believe the revision is appropriate, we
are revising § 178.347–1(d)(9), as
proposed, by adding a new
subparagraph (i) and renumbering the
section accordingly.
Section 178.603
Section 178.603 prescribes the drop
test requirements for non-bulk
packagings in the HMR. In this final
rule, PHMSA is revising paragraph (f)(4)
to amend the criteria for passing the
tests. The HMR require only that there
is no leakage of filling substance from
the inner packaging. In this final rule,
we are also requiring that inner
receptacles, inner packagings and
articles remain completely within the
outer package when drop tested.
Section 178.703
Section 178.703 prescribes the
marking requirements for IBCs. PHMSA
is aligning paragraph (a)(1)(viii) with the

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UN Model Regulations by requiring the
gross mass, in kilograms, to be marked
on all IBC types. The HMR require a net
mass to be marked on flexible IBCs
which is inconsistent with international
standards. PHMSA inadvertently did
not revise the HMR under a previous
harmonization rulemaking when the
international standards were amended
to specify that a maximum permissible
gross mass be marked on all IBC types.
Section 178.955
Section 178.955 establishes
definitions used with regard to subpart
Q of part 178, which prescribes the
design and testing criteria for Large
Packagings. PHMSA is adding the
following two new definitions,
‘‘Remanufactured Large Packaging’’ and
‘‘Reused Large Packaging,’’ in new
paragraphs (c)(6) and (c)(7),
respectively. A ‘‘remanufactured’’ large
packaging is defined as a metal or rigid
plastic large packaging that is produced
as a UN type from a non-UN type or is
converted from one UN design type to
another UN design type.
Remanufactured large packagings are
subject to the same HMR requirements
that apply to a new large packaging. A
‘‘reused’’ large packaging is defined as a
large packaging to be refilled that has
been examined and found free of defects
affecting the ability to withstand the
performance tests. The term includes
those that are refilled with the same or
similar compatible contents and are
transported within distribution chains
controlled by the consignor of the
product.
Part 180
Section 180.207
Section 180.207 prescribes the
requirements for the requalification of
UN pressure receptacles. In this final
rule, PHMSA is requiring that metal
hydride storage systems be requalified
every five years in accordance with ISO
16111:2008 and that the records of that
requalification be retained in
accordance with § 180.215 of the HMR.
Section 180.350
Section 180.350 prescribes
applicability and defines certain terms
regarding the qualification and
maintenance of IBCs. PHMSA is
revising paragraph (b) to indicate that
the replacement of the inner receptacle
of a composite IBC with one from the
original manufacturer is considered a
repair. This revision is consistent with
the recent change in the definition of
‘‘repair’’ in the UN Model Regulations.

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V. Regulatory Analyses and Notices
A. Statutory/legal Authority for This
Rulemaking
This final rule is published under the
following statutory authorities:
1. 49 U.S.C. 5103(b) authorizes the
Secretary of Transportation to prescribe
regulations for the safe transportation,
including security, of hazardous
materials in intrastate, interstate, and
foreign commerce. This final rule
amends regulations to maintain
alignment with international standards
by incorporating various amendments,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations and vessel stowage
requirements. To this end, as discussed
in detail above, the final rule amends
the HMR to more fully align them with
the biennial updates of the UN Model
Regulations, the IMDG Code and the
ICAO TI.
Harmonization serves to facilitate
international commerce. At the same
time, harmonization promotes the safety
of people, property, and the
environment by reducing the potential
for confusion and misunderstanding
that could result if shippers and
transporters were required to comply
with two or more conflicting sets of
regulatory requirements. While the
intent of this rulemaking is to align the
HMR with international standards, we
review and consider each amendment
on its own merit based on its overall
impact on transportation safety and the
economic implications associated with
its adoption into the HMR. Our goal is
to harmonize without sacrificing the
current HMR level of safety and without
imposing undue burdens on the
regulated public. Thus, as explained in
the corresponding sections above, we
are not harmonizing with certain
specific provisions of the UN Model
Regulations, the IMDG Code, and the
ICAO TI. Moreover, we are maintaining
a number of current exceptions for
domestic transportation that should
minimize the compliance burden on the
regulated community.
2. 49 U.S.C. 5120(b) authorizes the
Secretary of Transportation to ensure
that, to the extent practicable,
regulations governing the transportation
of hazardous materials in commerce are
consistent with standards adopted by
international authorities. This rule
amends the HMR to maintain alignment
with international standards by
incorporating various amendments to
facilitate the transport of hazardous
material in international commerce. To
this end, as discussed in detail above,

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PHMSA incorporates changes into the
HMR based on the sixteenth revised
edition of the UN Model Regulations
and the 2011–2012 ICAO Technical
Instructions, which become effective
January 1, 2011, and Amendment 35–10
to the IMDG Code which becomes
effective January 1, 2012. The
continually increasing amount of
hazardous materials transported in
international commerce warrants the
harmonization of domestic and
international requirements to the
greatest extent possible.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This final rule is not considered a
significant regulatory action under
section 3(f) of Executive Order 12866
and, therefore, was not reviewed by the
Office of Management and Budget. The
final rule is not considered a significant
rule under the Regulatory Policies and
Procedures of the Department of
Transportation (44 FR 11034). This final
rule applies to offerors and carriers of
hazardous materials, such as chemical
manufacturers, chemical users and
suppliers, packaging manufacturers,
distributors, radiopharmaceutical
companies, and training companies.
Benefits resulting from the adoption of
the amendments in this final rule
include enhanced transportation safety
resulting from the consistency of
domestic and international hazard
communications and continued access
to foreign markets by U.S.
manufacturers of hazardous materials.
The majority of amendments in this
final rule should result in cost savings
and ease the regulatory compliance
burden for shippers engaged in
domestic and international commerce,
including trans-border shipments
within North America.
We authorize a one year transition
period to allow for training of
employees and to ease any burden on
entities affected by the amendments.
The total net increase in costs to
businesses in implementing the final
rule is considered to be minimal. Initial
start-up and inventory costs will result
from these changes. However, the costs
are offset by greater long term savings of
conformance with one set of regulations
and a one-year transition period. A
regulatory evaluation is available for
review in the public docket for this
rulemaking.
C. Executive Order 13132
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
preempts State, local and Indian Tribe

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requirements but does not propose any
regulation that has substantial direct
effects on the States, the relationship
between the national government and
the States, or the distribution of power
and responsibilities among the various
levels of government. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
The Federal hazardous material
transportation law, 49 U.S.C. 5101–
5128, contains an express preemption
provision (49 U.S.C. 5125(b)) that
preempts State, local and Indian Tribe
requirements on certain covered
subjects, as follows:
(1) The designation, description, and
classification of hazardous material;
(2) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous material;
(3) The preparation, execution, and
use of shipping documents related to
hazardous material and requirements
related to the number, contents, and
placement of those documents;
(4) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material; and
(5) The design, manufacture,
fabrication, inspection, marking,
maintenance, recondition, repair, or
testing of a packaging or container
represented, marked, certified, or sold
as qualified for use in transporting
hazardous material in commerce.
This final rule addresses covered
subject items (1), (2), (3), (4) and (5)
above and preempts State, local, and
Indian Tribe requirements not meeting
the ‘‘substantively the same’’ standard.
This final rule is necessary to
incorporate changes adopted in
international standards, effective
January 1, 2011. If the changes in this
final rule are not adopted into the HMR,
U.S. companies, including numerous
small entities competing in foreign
markets, would be at an economic
disadvantage. These companies would
be forced to comply with a dual system
of regulations. The changes in this final
rulemaking are intended to avoid this
result. Federal hazardous materials
transportation law provides at 49 U.S.C.
5125(b)(2) that, if DOT issues a
regulation concerning any of the
covered subjects, DOT must determine
and publish in the Federal Register the
effective date of Federal preemption.
The effective date of Federal preemption
is 90 days from publication of the final
rule in this matter.
D. Executive Order 13175
This final rule was analyzed in
accordance with the principles and
criteria contained in Executive Order

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13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not have
Tribal implications, does not impose
substantial direct compliance costs, and
is required by statute, the funding and
consultation requirements of Executive
Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Procedures and
Policies
The Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) requires an agency
to review regulations to assess their
impact on small entities, unless the
agency determines that a rule is not
expected to have a significant impact on
a substantial number of small entities.
This final rule facilitates the
transportation of hazardous materials in
international commerce by providing
consistency with international
standards. This final rule applies to
offerors and carriers of hazardous
materials, some of whom are small
entities, such as chemical
manufacturers, users and suppliers,
packaging manufacturers, distributors
and training companies. As discussed
above, under Executive Order 12866,
the majority of amendments in this final
rule should result in cost savings and
ease the regulatory compliance burden
for shippers engaged in domestic and
international commerce, including
trans-border shipments within North
America.
Many companies will realize
economic benefits as a result of these
amendments. Additionally, the changes
effected by this final rule will relieve
U.S. companies, including small entities
competing in foreign markets, from the
burden of complying with a dual system
of regulations. Therefore, I certify that
these amendments will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.
This final rule has been developed in
accordance with Executive Order 13272
(‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’) and DOT’s
procedures and policies to promote
compliance with the Regulatory
Flexibility Act to ensure that potential
impacts of draft rules on small entities
are properly considered.
F. Paperwork Reduction Act
PHMSA currently has approved
information collections under Office of
Management and Budget (OMB) Control
Number 2137–0034, ‘‘Hazardous
Materials Shipping Papers and
Emergency Response Information,’’ with
an expiration date of May 31, 2011, and
OMB Control Number 2137–0557,

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
‘‘Approvals for Hazardous Materials,’’
with an expiration date of June 30, 2011.
This final rule may result in a decrease
in the annual burden and costs of OMB
Control Number 2137–0034 due to
amendments to the exceptions for
shipping paper requirements for limited
quantities of Class 3, Division 4.1,
Division 4.2, Division 4.3, Division 5.1,
Division 5.2, Division 6.1, Class 8, and
Class 9 materials for those limited
quantities that are defined as consumer
commodities. This final rule may result
in an increase in the annual burden and

costs of OMB Control Number 2137–
0557 due to amendments to the
classification criteria for eight Division
1.4 explosive articles to add the Type
6(d) test as prescribed in the fifth
revised edition of the UN Manual of
Tests and Criteria.
Under the Paperwork Reduction Act
of 1995, no person is required to
respond to an information collection
unless it has been approved by OMB
and displays a valid OMB control
number. Section 1320.8(d), Title 5, Code
of Federal Regulations requires that

PHMSA provide interested members of
the public and affected agencies an
opportunity to comment on information
and recordkeeping requests.
This final rule identifies revised
information collection requests that
PHMSA will submit to OMB for
approval based on the requirements in
this final rule. PHMSA has developed
burden estimates to reflect changes in
this final rule, and estimates the
information collection and
recordkeeping burden as proposed in
this rule to be as follows:

OMB Control No.
Annual
Annual
Annual
Annual

Decrease
Decrease
Decrease
Decrease

in
in
in
in

2137–0034

Number of Respondents .................................................................................................................................
Annual Number of Responses .......................................................................................................................
Annual Burden Hours .....................................................................................................................................
Annual Burden Costs ......................................................................................................................................
OMB Control No.

Annual
Annual
Annual
Annual

Increase
Increase
Increase
Increase

in
in
in
in

G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document can be used to crossreference this action with the Unified
Agenda.
H. Unfunded Mandates Reform Act

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This final rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141.3 million or more, adjusted for
inflation, to either State, local or Tribal
governments, in the aggregate, or to the
private sector in any one year, and is the
least burdensome alternative that
achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy
Act, 42 U.S.C. 4321–4375, requires that
Federal agencies analyze proposed
actions to determine whether the action
will have a significant impact on the
human environment. The Council on
Environmental Quality (CEQ)
regulations order Federal agencies to
conduct an environmental review

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considering (1) the need for the
proposed action, (2) alternatives to the
proposed action, (3) probable
environmental impacts of the proposed
action and alternatives, and (4) the
agencies and persons consulted during
the consideration process. 40 CFR
1508.9(b).
1. Purpose and Need
PHMSA proposed to amend the
Hazardous Materials Regulations to
maintain alignment with international
standards by incorporating various
amendments, including changes to
proper shipping names, hazard classes,
packing groups, special provisions,
packaging authorizations, air transport
quantity limitations, and vessel stowage
requirements. These revisions are
necessary to harmonize the Hazardous
Materials Regulations with recent
changes to the International Maritime
Dangerous Goods Code, the
International Civil Aviation
Organization’s Technical Instructions
for the Transport of Dangerous Goods by
Air, and the United Nations
Recommendations on the Transport of
Dangerous Goods. The amendments are
intended to enhance the safety of
international hazardous materials
transportation through better
understanding of the regulations, an
increased level of industry compliance,
the smooth flow of hazardous materials
from their points of origin to their
points of destination, and effective

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75,000,000
75,000,000
1,875,000
$1,875,000.00
2137–0557

Number of Respondents ..................................................................................................................................
Annual Number of Responses .........................................................................................................................
Annual Burden Hours .......................................................................................................................................
Annual Burden Costs .......................................................................................................................................

PHMSA will submit the revised
information collection and
recordkeeping requirements to OMB for
approval.

3341

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465
465
2,325
$58,125

emergency response in the event of a
hazardous materials incident.
The HMR regulate materials that meet
the definition of a marine pollutant in
all modes of transportation. The
intended effect is to increase the level
of safety associated with the
transportation of substances hazardous
to the marine environment by way of
improved communication of their
presence in transportation and
establishing appropriate requirements
for their packaging. The HMR uses a
list-based system designed to help
shippers determine if a material meets
the definition of a marine pollutant.
Recently, the IMO adopted a criteria
based system for identification of
materials hazardous to the marine
environment based on the Globally
Harmonized System of Classification
and Labeling of Chemicals (GHS).
2. Alternatives
In developing this proposed rule, we
considered three alternatives:
(1) Do nothing.
(2) Adopt the international standards
in their entirety.
(3) Adopt most of the international
standards, with certain modifications
based on safety or economic
considerations.
Alternative 1: Because our goal is to
facilitate uniformity, compliance,
commerce and safety in the
transportation of hazardous materials,
we rejected this alternative.
Alternative 2: By adopting the
international standards in their entirety,

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PHMSA could potentially adopt
provisions that, in our view, do not
provide an adequate safety level.
Further, because we provide for
domestic exceptions and extended
compliance periods to minimize the
potential economic impact of any
revisions on the regulated community,
this alternative was also rejected.
Alternative 3: Consistency between
U.S. and international regulations helps
to assure the safety of international
hazardous materials transportation
through better understanding of the
regulations, an increased level of
industry compliance, the smooth flow of
hazardous materials from their points of
origin to their points of destination, and
effective emergency response in the
event of a hazardous materials incident.
Under Alternative 3, we would
harmonize the HMR with international
standards to the extent consistent with
U.S. safety and economic goals.
Alternative 3 is the only alternative
that addresses, in all respects, the
purpose of this regulatory action, which
is to facilitate the safe and efficient
transportation of hazardous materials in
international commerce. These actions
will provide the greatest possible
harmonization with international
requirements without posing an undue
increased cost burden on industry. For
these reasons, Alternative 3 is our
recommended alternative.
3. Analysis of Environmental Impacts
Hazardous materials are transported
by aircraft, vessel, rail, and highway.
The potential for environmental damage
or contamination exists when packages
of hazardous materials are involved in
accidents or en route incidents resulting
from cargo shifts, valve failures, package
failures, or loading, unloading, or
handling problems. The ecosystems that
could be affected by a release include
air, water, soil, and ecological resources
(e.g., wildlife habitats). The adverse
environmental impacts associated with
releases of most hazardous materials are
short-term impacts that can be greatly
reduced or eliminated through prompt
clean-up of the accident scene. Most
hazardous materials are not transported
in quantities sufficient to cause
significant, long-term environmental
damage if they are released.
The hazardous material regulatory
system is a risk-management system that
is prevention-oriented and focused on
identifying hazards and reducing the
probability and quantity of a hazardous
material release. Amending the HMR to
maintain alignment with international
standards enhances the safe
transportation of hazardous materials in
domestic and international commerce.

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When considering the adoption of
international standards under the HMR,
we review and consider each
amendment on its own merit and assess
its impact on transportation safety and
the environment. Based on the lack of
public comment on the issue, it is our
conclusion that the amendments
adopted in this final rule will have no
adverse affect on the environment.
4. Consultations and Public Comment
On June 20, 2007, November 27, 2007,
June 18, 2008, and November 19, 2008,
PHMSA hosted public meetings with
public and private stakeholders to
discuss draft U.S. positions on the
United Nation’s Sub-Committee of
Experts on the Transport of Dangerous
Goods (UNSCOE) proposals for the
sixteenth revised edition of the UN
Recommendations on the Transport of
Dangerous Goods Model Regulations. In
addition, PHMSA and the U.S. Coast
Guard hosted a public meeting on
September 17, 2008, and hosted a
second meeting on September 10, 2009,
to discuss amendments to the IMDG
Code. A public meeting was held on
September 29, 2009 to discuss
amendments to the ICAO Technical
Instructions. During these public
meetings, U.S. positions on proposed
amendments to the UN
Recommendations were considered and
discussed. Positions were established
based on input received during these
meetings in conjunction with internal
review, including thorough technical
review.
We have identified a number of
immediate and long-term actions that
participants in the international
community are taking or will take to
enhance the safe transportation of
hazardous materials. Through this
integrated and cooperative approach, we
believe we can be most successful in
reducing incidents, enhancing safety,
and protecting the public.
J. Privacy Act
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit http://
www.dot.gov/privacy.html.
K. International Trade Analysis
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the

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Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing any standards or
engaging in related activities that create
unnecessary obstacles to the foreign
commerce of the United States. For
purposes of these requirements, Federal
agencies may participate in the
establishment of international
standards, so long as the standards have
a legitimate domestic objective, such as
providing for safety, and do not operate
to exclude imports that meet this
objective. The statute also requires
consideration of international standards
and, where appropriate, that they be the
basis for U.S. standards. PHMSA
participates in the establishment of
international standards to protect the
safety of the American public, and we
have assessed the effects of the
proposed rule to ensure that it does not
exclude imports that meet this objective.
Accordingly, this rulemaking is
consistent with PHMSA’s obligations
under the Trade Agreement Act, as
amended.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Incorporation by reference, Labeling,
Markings, Packaging and containers,
Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 175
Air carriers, Hazardous materials
transportation, Incorporation by
reference, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 176
Hazardous materials transportation,
Incorporation by reference, Maritime
carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 178
Hazardous materials transportation,
Incorporation by reference, Motor
vehicle safety, Packaging and

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
containers, Reporting and recordkeeping
requirements.
49 CFR Part 180
Hazardous materials transportation,
Motor carriers, Motor vehicle safety,
Packaging and containers, Railroad
safety, Reporting and recordkeeping
requirements.
■ In consideration of the foregoing,
PHMSA amends 49 CFR Chapter I as
follows:
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171
continues to read as follows:

■

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

2. In § 171.7, the paragraph (a)(3) table
is amended as follows:
■ a. Under the entry ‘‘American Society
for Testing and Materials (ASTM),’’ the
entries ‘‘ASTM D56–05’’, ‘‘ASTM D86–
07a’’, ‘‘ASTM D93–08’’, ‘‘ASTM D1078–
05’’, ‘‘ASTM D3278–96(2004)e1’’, and
‘‘ASTM D3828–07a’’ are added in
alphanumerical order;
■ b. Under the entry ‘‘International Civil
Aviation Organization (ICAO)’’, the
■

entry ‘‘Technical Instructions for the
Safe Transport of Dangerous Goods by
Air (ICAO Technical Instructions)’’ is
revised;
■ c. Under the entry ‘‘International
Maritime Organization (IMO)’’, the
entries ‘‘International Maritime
Dangerous Goods Code (IMDG Code)’’
and ‘‘International Convention for the
Safety of Life at Sea, 1974, as amended
(SOLAS)’’ are revised;
■ d. Under the entry ‘‘International
Organization for Standardization (ISO)’’,
the entries ‘‘ISO 2592—1973(E)’’; ‘‘ISO
10297:1999’’ and ‘‘ISO 10461:2005’’ are
revised; and the entries ‘‘ISO
1516:2002’’; ‘‘ISO 1523:2002’’; ‘‘ISO
2719:2002’’; ‘‘ISO 3405:2000’’; ‘‘ISO
3679:2004’’; ‘‘ISO 3680:2004’’; ‘‘ISO
3924:1999’’; ‘‘ISO 4626:1980’’; ‘‘ISO
4706:2008’’; ‘‘ISO 10692–2:2001’’; ‘‘ISO
13736:2008’’; ‘‘ISO 16111:2008’’; ‘‘ISO
18172–1:2007’’ and ‘‘ISO 20703:2006’’
are added in alphanumerical order;
■ e. Under the entry ‘‘Organization for
Economic Cooperation and
Development (OECD)’’, the entry ‘‘OECD
Guideline for the Testing of Chemicals,
Number 404, ‘‘Acute Dermal Irritation/
Corrosion (1992)’’ is revised and the
entries ‘‘OECD (2004), Test No. 430: In
Vitro Skin Corrosion: Transcutaneous

Electrical Resistance Test (TER), OECD
Guidelines for the Testing of Chemicals,
Section 4: Health Effects, OECD
Publishing’’, ‘‘OECD (2004), Test No.
431: In Vitro Skin Corrosion: Human
Skin Model Test, OECD Guidelines for
the Testing of Chemicals, Section 4:
Health Effects, OECD Publishing’’ and
‘‘OECD (2006), Test No. 435: In Vitro
Membrane Barrier Test Method for Skin
Corrosion, OECD Guidelines for the
Testing of Chemicals, Section 4: Health
Effects, OECD Publishing’’ are added in
appropriate numerical order;
■ f. Under the entry for ‘‘Transport
Canada,’’ the entry ‘‘Transportation of
Dangerous Goods Regulations
(Transport Canada TDG Regulations)’’ is
revised; and
■ g. Under the entry ‘‘United Nations’’,
the entries ‘‘UN Recommendations on
the Transport of Dangerous Goods,
Model Regulations’’ and ‘‘UN
Recommendations on the Transport of
Dangerous Goods, Manual of Tests and
Criteria’’ are revised.
The additions and revisions read as
follows:
§ 171.7

Reference material.

(a) * * *
(3) * * *

Source and name of material
*

*

49 CFR reference

*
*
American Society for Testing and Materials (ASTM)

*

*

*
*
*
*
*
*
ASTM D56–05, Standard Test Method for Flash Point by Tag Closed Cup Tester, approved May 1, 2005 ......................
ASTM D86–07a, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved April
1, 2007.
ASTM D93–08, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, approved October 15,
2008.
ASTM D1078–05, Standard Test Method for Distillation Range of Volatile Organic Liquids, approved May 15, 2005 ......
*
*
*
*
*
*
ASTM D3278–96 (Reapproved 2004) E 1, Standard Test Methods for Flash Point of Liquids by Small Scale ClosedCup Apparatus, approved November 1, 2004.
ASTM D3828–07a, Standard Test Methods for Flash Point by Small Scale Closed Cup Tester, approved July 15, 2007
*

*

*
*
International Civil Aviation Organization (ICAO),

*

*

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*
*
*
*
*
*
Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), 2011–2012
Edition.

*

*

*
*
International Maritime Organization (IMO),

*

*

*
*
*
*
*
*
International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS), Chapter II–2, Construction—Fire
protection, fire detection and fire extinction, Regulation 19, Carriage of dangerous goods, Consolidated Edition 2009.

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19JAR3

*

*
173.120
173.121
173.120
173.121
*
173.120
173.120
*

*
171.8; 171.22; 171.23;
171.24; 172.101;
172.202; 172.401;
172.512; 172.519;
172.602; 172.704;
173.1; 173.56;
173.320; 175.33;
178.3.
*

*
176.63, 176.84

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Source and name of material

49 CFR reference

International Maritime Dangerous Goods Code (IMDG Code), 2010 Edition, Incorporating Amendment 35–10 (English
Edition), Volumes 1 and 2.

171.22; 171.23;
171.25; 172.101
172.202; 172.203
172.401; 172.502;
172.519; 172.602;
172.704; 173.1;
173.21; 173.56;
173.320; 176.2;
176.5; 176.11;
176.27; 176.30;
176.83; 176.84;
176.140; 176.720;
178.3; 178.274.

International Organization for Standardization
*
*
*
*
*
*
ISO 1516:2002(E), Determination of flash/no flash—Closed cup equilibrium method, Third Edition, 2002–03–01 ............
ISO 1523:2002(E), Determination of flash point—Closed cup equilibrium method, Third Edition, 2002–03–01 .................

173.120.
173.120.

*
*
*
*
*
*
ISO 2592:2000(E), Determination of flash and fire points—Cleveland open cup method, Second Edition, 2000–09–15 ..
ISO 2719:2002(E), Determination of flash point—Pensky-Martens closed cup method, Third Edition, 2002–11–15 .........

173.120.
173.120.

*
*
*
*
*
*
ISO 3405:2000(E), Petroleum products—Determination of distillation characteristics at atmospheric pressure, Third Edition, 2000–03–01.
*
*
*
*
*
*
ISO 3679:2004(E), Determination of flash point—Rapid equilibrium closed cup method, Third Edition, 2004–04–01 .......
ISO 3680:2004(E), Determination of flash/no flash—Rapid equilibrium closed cup method, Fourth Edition, 2004–04–01
*
*
*
*
*
*
ISO 3924:1999(E), Petroleum products—Determination of boiling range distribution—Gas chromatography method,
Second Edition, 1999–08–01.
*
*
*
*
*
*
ISO 4626:1980(E), Volatile organic liquids—Determination of boiling range of organic solvents used as raw materials,
First Edition, 1980–03–01.
ISO 4706:2008(E), Gas cylinders—Refillable welded steel cylinders—Test pressure 60 bar and below, First Edition,
2008–04–15, Corrected Version, 2008–07–01.
*
*
*
*
*
*
ISO 10297:2006(E), Transportable gas cylinders—Cylinder valves—Specification and type testing, Second Edition,
2006–01–15.
ISO 10461:2005(E), Gas cylinders—Seamless aluminum-alloy gas cylinders—Periodic inspection and testing, Second
Edition, 2005–02–15 and Amendment 1, 2006–07–15.
*
*
*
*
*
*
ISO 10692–2:2001(E), Gas cylinders—Gas cylinder valve connections for use in the micro-electronics industry—Part 2:
Specification and type testing for valve to cylinder connections, First Edition, 2001–08–01.
*
*
*
*
*
*
ISO 13736:2008(E), Determination of flash point—Abel closed-cup method, Second Edition, 2008–09–15 ......................
ISO 16111:2008(E), Transportable gas storage devices—Hydrogen absorbed in reversible metal hydride, First Edition,
2008–11–15.
ISO 18172–1:2007(E), Gas cylinders—Refillable welded stainless steel cylinders—Part 1: Test pressure 6 MPa and
below, First Edition, 2007–03–01.
ISO 20703:2006(E), Gas cylinders—Refillable welded aluminum-alloy cylinders—Design, construction and testing, First
Edition, 2006–05–01.

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*

*
*
*
*
Organization for Economic Cooperation and Development (OECD)

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*

*
173.121.
*
173.120.
173.120.
*
173.121.
*
173.121.
178.71.
*
173.301b; 178.71.
180.207.
*
173.40.
*
173.120.
173.301b; 173.311;
178.71.
178.71.
178.71.

*

*
*
*
*
*
*
OECD (2002), Test No. 404: Acute Dermal Irritation/Corrosion, OECD Guidelines for the Testing of Chemicals, Section
4: Health Effects, OECD Publishing, adopted April 24, 2002.
OECD (2004), Test No. 430: In Vitro Skin Corrosion: Transcutaneous Electrical Resistance Test (TER), OECD Guidelines for the Testing of Chemicals, Section 4: Health Effects, OECD Publishing, adopted April 13, 2004.
OECD (2004), Test No. 431: In Vitro Skin Corrosion: Human Skin Model Test, OECD Guidelines for the Testing of
Chemicals, Section 4: Health Effects, OECD Publishing, adopted April 13, 2004.
OECD (2006), Test No. 435: In Vitro Membrane Barrier Test Method for Skin Corrosion, OECD Guidelines for the
Testing of Chemicals, Section 4: Health Effects, OECD Publishing, adopted July 19, 2006.

VerDate Mar<15>2010

*

19JAR3

*
*
173.137.
173.137.
173.137.
173.137.

3345

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Source and name of material
*

*

*
Transport Canada

49 CFR reference

*

*

*

*

*
*
*
*
*
*
Transportation of Dangerous Goods Regulations (Transport Canada TDG Regulations), August 2001 including Clear
Language Amendments SOR 2001–286; SOR/2002–306 August 8, 2002; SOR/2003–273 July 24, 2003; SOR/2003–
400 December 3, 2003; SOR/2005–216 July 13, 2005; SOR/2005–279 September 21, 2005; SOR/2008–34 February
7, 2008 and SOR/2007–179 July 31, 2007.
*

*

*

*

*

*
171.12; 171.22;
171.23; 172.401;
172.502; 172.519;
172.602; 173.31;
173.32; 173.33.

*

*

United Nations
*
*
*
*
*
*
UN Recommendations on the Transport of Dangerous Goods, Model Regulations, sixteenth revised edition, Volumes I
and II (2009).

UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, fifth revised edition (2009)

*

*

*

3. In § 171.8, the definitions for ‘‘Metal
hydride storage system’’ and ‘‘Open
cryogenic receptacle’’ are added and the
definitions for ‘‘Oxidizing gas’’ and ‘‘UN
Recommendations’’ are revised to read
as follows:

■

§ 171.8

Definitions and abbreviations.

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*

*
*
*
*
Metal hydride storage system means a
single complete hydrogen storage
system that includes a receptacle, metal
hydride, pressure relief device, shut-off
valve, service equipment and internal
components used for the transportation
of hydrogen only.
*
*
*
*
*
Open cryogenic receptacle means a
transportable thermally insulated
receptacle for refrigerated liquefied
gases maintained at atmospheric
pressure by continuous venting of the
refrigerated gas.
*
*
*
*
*
Oxidizing gas means a gas that may,
generally by providing oxygen, cause or
contribute to the combustion of other
material more than air does.
Specifically, this means a pure gas or
gas mixture with an oxidizing power
greater than 23.5% as determined by a
method specified in ISO 10156: or

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Jkt 223001

*

*

10156–2: (IBR, see § 171.7 of this
subchapter) (see also § 173.115(k)).
*
*
*
*
*
U.N. Recommendations means the
U.N. Recommendations on the
Transport of Dangerous Goods, Model
Regulations (IBR, see § 171.7 of this
subchapter).
*
*
*
*
*
§ 171.23

[Amended]

4. In § 171.23, paragraph (b)(9) is
removed and reserved.
■ 5. In § 171.25, the first sentence in
paragraph (b)(1) is revised, paragraph
(b)(4) is added, and paragraphs (c)(5)
and (d)(3) are removed.
The revision and addition read as
follows:
■

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

*

*
*
*
*
(b) * * *
(1) Unless specified otherwise in this
subchapter, a shipment must conform to
the requirements in part 176 of this
subchapter. * * *
*
*
*
*
*
(4) Material consigned under UN3166
and UN3171 (e.g., Engines, internal
combustion, etc., Vehicles, etc. and
Battery-powered equipment) may be

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Fmt 4701

Sfmt 4700

*
171.8; 171.12;
172.202; 172.401;
172.407; 172.502;
173.1; 173.3; 173.22;
173.24; 173.24b;
173.40; 173.56;
173.192; 173.302b;
173.304b; 178.75;
178.274; 178.500;
178.700; 178.900.
172.102; 173.21;
173.56; 173.57;
173.58; 173.60;
173.115; 173.124;
173.125; 173.127;
173.128; 173.137;
173.185; 173.220;
Part 173, appendix
H; 178.274.

*

*

prepared in accordance with the IMDG
Code or this subchapter.
*
*
*
*
*
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
6. The authority citation for part 172
continues to read as follows:

■

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

7. In § 172.101, the following
amendments are made:
■ a. Paragraph (c)(10)(i) is revised;
■ b. Paragraph (e) is amended by adding
a sentence at the end of the paragraph;
and
■ c. The Hazardous Materials Table is
amended by removing those entries
under [REMOVE], adding entries under
[ADD], and revising entries under
[REVISE] as shown below.
The revisions and additions read as
follows:
■

§ 172.101 Purpose and use of hazardous
materials table.

*

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*

*

19JAR3

*

*

3346

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srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

(c) * * *
(10) * * *
(i) A mixture or solution not
identified specifically by name,
comprised of a single predominant
hazardous material identified in the
Table by technical name and one or
more hazardous and/or non-hazardous
material, must be described using the
proper shipping name of the hazardous
material and the qualifying word
‘‘mixture’’ or ‘‘solution’’, as appropriate,
unless—
(A) Except as provided in
§ 172.101(i)(4) the packaging specified
in Column 8 is inappropriate to the
physical state of the material;

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Jkt 223001

(B) The shipping description indicates
that the proper shipping name applies
only to the pure or technically pure
hazardous material;
(C) The hazard class, packing group,
or subsidiary hazard of the mixture or
solution is different from that specified
for the entry;
(D) There is a significant change in
the measures to be taken in
emergencies;
(E) The material is identified by
special provision in Column 7 of the
§ 172.101 Table as a material poisonous
by inhalation; however, it no longer
meets the definition of poisonous by
inhalation or it falls within a different

PO 00000

Frm 00040

Fmt 4701

Sfmt 4700

hazard zone than that specified in the
special provision; or
(F) The material can be appropriately
described by a shipping name that
describes its intended application, such
as ‘‘Coating solution’’, ‘‘Extracts,
flavoring’’ or ‘‘Compound, cleaning
liquid.’’
*
*
*
*
*
(e) * * * Those preceded by the
letters ‘‘ID’’ are associated with proper
shipping names recognized by the ICAO
Technical Instructions (IBR, see § 171.7
of this subchapter).
*
*
*
*
*

E:\FR\FM\19JAR3.SGM

19JAR3

VerDate Mar<15>2010

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D ............

D ............

(1)

Symbols

Jkt 223001

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E:\FR\FM\19JAR3.SGM

19JAR3

Lithium hypochlorite,
dry with more than
39% available chlorine (8.8% available
oxygen) or Lithium
hypochlorite mixtures, dry with more
than 39% available
chlorine (8.8% available oxygen).

Isobutyl chloroformate

1–Hydroxybenzotriazole, anhydrous,
wetted with not less
than 20 percent
water, by mass.

Formaldehyde, solutions, flammable.
Formaldehyde, solutions, with not less
than 25 percent
formaldehyde.

Engines, internal combustion, flammable
gas powered.
Engines, internal combustion, flammable
liquid powered.

Detonator, assemblies,
non-electric, for
blasting.

sec-Butyl
chloroformate.

[REMOVE].

(2)

Hazardous materials descriptions and proper shipping names

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*
6.1

*

*

*

*

*

5.1

6.1

4.1

8

UN1471 ....

NA2742 ....

UN3474 ....

UN2209 ....

UN1198 ....

UN3166 ....

9

3

UN3166 ....

UN0500 ....

NA2742 ....

(4)

Identification
numbers

9

*
1.4S

(3)

Hazard class
or division

*
II ...............

*
I ................

*
I ................

III ..............

*
III ..............

...................

*
...................

*
II ...............

*
I ................

(5)

PG

*
5.1 ............

*
6.1, 3, 8 ....

*
4.1 ............

8 ...............

*
3, 8 ...........

9 ...............

*
9 ...............

*
1.4S ..........

*
6.1, 3, 8 ....

(6)

Label codes

§ 172.101

*
A9, IB8, IP2, IP4, N34

*
2, B9, B14, B32, B74,
T20, TP4, TP13,
TP38, TP45.

*
162, N90 .....................

IB3, T4, TP1 ...............

*
B1, IB3, T4, TP1 .........

135 ..............................

*
135 ..............................

*
.....................................

*
2, B9, B14, B32, B74,
T20, TP4, TP13,
TP38, TP45.

(7)

Special
provisions
(§ 172.102)

*
152 ...........

*
None .........

*
None .........

154 ...........

*
150 ...........

220 ...........

*
220 ...........

*
63(f), 63(g)

*
None .........

(8A)

Exceptions

212 ...........

227 ...........

211 ...........

203 ...........

203 ...........

220 ...........

220 ...........

62 .............

227 ...........

(8B)

Non-bulk

(8)
Packaging
(§ 173.***)

HAZARDOUS MATERIALS TABLE

*
240 ...........

*
244 ...........

*
None .........

241 ...........

*
242 ...........

220 ...........

*
220 ...........

*
None .........

*
244 ...........

(8C)

Bulk

*
5 kg ..........

*
Forbidden

*
0.5 kg .......

5 L ............

*
5 L ............

No limit .....

*
Forbidden

*
25 kg ........

*
Forbidden

(9A)

Passenger
aircraft/rail

25 kg ........

Forbidden

0.5 kg .......

60 L ..........

60 L ..........

No limit .....

No limit .....

100 kg ......

Forbidden

(9B)

Cargo aircraft only

(9)
Quantity limitations (see
§§ 173.27 and 175.75)

A ...............

A ...............

D ...............

A ...............

A ...............

A ...............

A ...............

05 .............

A ...............

(10A)

Location

(10B)

Other

4, 48, 52,
56, 58,
69, 106,
116

12, 13, 22,
25, 40,
48, 100

28, 36

40

12, 13, 22,
25, 40,
48, 100

(10)
Vessel
stowage

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

3347

VerDate Mar<15>2010

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Nitric acid other than
red fuming, with not
more than 70 percent nitric acid.

Nitric acid other than
red fuming, with less
than 65 percent nitric acid.

(2)

Frm 00042

Fmt 4701

Sfmt 4700

E:\FR\FM\19JAR3.SGM

19JAR3

Batteries, nickel-metal
hydride see Batteries, dry, sealed,
n.o.s. for nickelmetal hydride batteries transported by
modes other than
vessel.

Alkali metal dispersions, flammable or
Alkaline earth metal
dispersions, flammable.

[ADD].

Vehicle, flammable gas
powered.
Vehicle, flammable liquid powered.

Trinitro-meta-cresol .....

PO 00000

Tars, liquid including
road asphalt and
oils, bitumen and cut
backs.

W ...........

(1)

Symbols

Hazardous materials descriptions and proper shipping names

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*

*

*

9

UN3496 ....

UN3482 ....

UN3166 ....

9

4.3

UN3166 ....

9

UN0216 ....

*
1.1D
*

...................

UN2031 ....

UN2031 ....

..................

8

8

UN1999 ....

*

*

*

(4)

Identification
numbers

3

(3)

Hazard class
or division

*
...................

*
I ................

*

...................

*
...................

*
II ...............

III ..............

*
II ...............

*
I ................

*
II ...............

(5)

PG

*
9 ...............

*
4.3, 3 ........

*

9 ...............

*
9 ...............

*
1.1D ..........

3 ...............

*
3 ...............

*
8, 5.1 ........

*
8 ...............

(6)

*
340 ..............................

*
A2, A3, A7 ..................

*

135, 157 ......................

*
135, 157 ......................

*
.....................................

B1, B13, IB3, T1, TP3

*
149, B13, IB2, T3,
TP3, TP29.

*
A3, B47, B53, T10,
TP2, TP12, TP13.

*
A6, B2, B47, B53, IB2,
IP15, T8, TP2.

(7)

Special
provisions
(§ 172.102)

*
...................

*
None .........

*

220 ...........

*
220 ...........

*
None .........

150 ...........

*
150 ...........

*
None .........

*
None .........

(8A)

Exceptions

...................

201 ...........

220 ...........

220 ...........

62 .............

203 ...........

202 ...........

158 ...........

158 ...........

(8B)

Non-bulk

(8)
Packaging
(§ 173.***)

HAZARDOUS MATERIALS TABLE—Continued

Label codes

§ 172.101

*
...................

*
244 ...........

*

220 ...........

*
220 ...........

*
None .........

242 ...........

*
242 ...........

*
243 ...........

*
242 ...........

(8C)

Bulk

*
...................

*
Forbidden

*

No limit .....

*
Forbidden

*
Forbidden

60 L ..........

*
5 L ............

*
Forbidden

*
Forbidden

(9A)

Passenger
aircraft/rail

...................

1 L ............

No limit .....

No limit .....

Forbidden

220 L ........

60 L ..........

2.5 L .........

30 L ..........

(9B)

Cargo aircraft only

(9)
Quantity limitations (see
§§ 173.27 and 175.75)

A ...............

D ...............

A ...............

A ...............

10 .............

A ...............

B ...............

D ...............

D ...............

(10A)

Location

(10B)

Other

48

52

5E

44, 66, 89,
90, 110,
111

44, 66, 74,
89, 90

(10)
Vessel
stowage

3348
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VerDate Mar<15>2010

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19JAR3

Hydrazine aqueous solution, flammable
with more than 37%
hydrazine, by mass.

Formaldehyde solutions, flammable.
Formaldehyde solutions, with not less
than 25 percent
formaldehyde.

Engines, internal combustion, or Engines,
fuel cell, flammable
gas powered.
Engines internal combustion, or Engines,
fuel cell, flammable
liquid powered.

Detonator assemblies,
non-electric, for
blasting.

Consumer commodity

Calcium hypochlorite
mixture, dry, corrosive with more than
10% but not more
than 39% available
chlorine.

Calcium hypochlorite,
hydrated, corrosive
or Calcium hypochlorite, hydrated
mixture, corrosive
with not less than
5.5% but not more
than 16% water.

Calcium hypochlorite,
dry, corrosive or Calcium hypochlorite
mixtures, dry, corrosive with more than
39% available chlorine (8.8% available
oxygen).

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

5.1

5.1

*

*

*

UN3484 ....

UN2209 ....

8

8

UN1198 ....

UN3166 ....

9

3

UN3166 ....

9

UN0500 ....

*
1.4S

UN3486 ....

ID8000 ......

5.1

...................

UN3487 ....

UN3485 ....

9

*

*

..................

*

*

*
I ................

III ..............

*
III ..............

...................

*
...................

*
II ...............

*
...................

*
III ..............

III ..............

*
II ...............

*
II ...............

*
8, 3, 6.1 ....

8 ...............

*
3, 8 ...........

9 ...............

*
9 ...............

*
1.4S ..........

*
9 ...............

*
5.1, 8 ........

5.1, 8 ........

*
5.1, 8 ........

*
5.1, 8 ........

*
B16, B53, T10, TP2,
TP13.

IB3, T4, TP1 ...............

*
B1, IB3, T4, TP1 .........

135 ..............................

*
135 ..............................

*
347 ..............................

*
.....................................

*
165, A1, A29, IB8, IP3,
IP13, N34, W9.

165, IB8, IP4, W9 .......

*
165, IB8, IP2, IP4,
IP13, W9.

*
165, 166, A7, A9, IB8,
IP2, IP4, IP13, N34,
W9.

*
None .........

154 ...........

*
4b, 150 .....

220 ...........

*
220 ...........

*
63(f), 63(g)

*
167 ...........

*
152 ...........

152 ...........

*
152 ...........

*
152 ...........

201 ...........

203 ...........

203 ...........

220 ...........

220 ...........

62 .............

167 ...........

213 ...........

213 ...........

212 ...........

212 ...........

*
243 ...........

241 ...........

*
242 ...........

220 ...........

*
220 ...........

*
None .........

*
None .........

*
240 ...........

240 ...........

*
240 ...........

*
None .........

*
Forbidden

5 L ............

*
5 L ............

No limit .....

*
Forbidden

*
25 kg ........

*
30 kg gross

*
5 kg ..........

25 kg ........

*
5 kg ..........

*
5 kg ..........

2.5 L .........

60 L ..........

60 L ..........

No limit .....

No limit .....

100 kg ......

30 kg gross

25 kg ........

100 kg ......

25 kg ........

25 kg ........

D ...............

A ...............

A ...............

A ...............

A ...............

05 .............

...................

D ...............

D ...............

D ...............

D ...............

40, 52, 125

40

4,48, 52,
56, 58,
69, 142

4, 48, 52,
56, 58,
69, 142

4, 48, 52,
56, 58,
69, 142

4, 48, 52,
56, 58,
69, 142

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3349

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I ..............

+ .............

+ .............

(1)

Symbols

Sfmt 4700

E:\FR\FM\19JAR3.SGM

19JAR3

Tars, liquid including
road oils and cutback bitumens.

Petroleum sour crude
oil, flammable, toxic.

Nitric acid other than
red fuming, with
more than 70 percent nitric acid.

Nitric acid other than
red fuming, with
more than 20 percent and less than
65 percent nitric acid.

Motor fuel anti-knock
mixture, flammable.

Lithium hypochlorite,
dry or Lithium hypochlorite mixture.

Iodine ..........................

1–Hydroxybenzotriazole,
monohydrate.

(2)

Hazardous materials descriptions and proper shipping names

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*

*

*

5.1

8

4.1

UN1999 ....

...................

3

..................

*

...................
...................

..................
..................

UN2031 ....

UN2031 ....

UN3483 ....

UN3494 ....

8

8

6.1

...................

UN1471 ....

UN3495 ....

UN3474 ....

(4)

Identification
numbers

3

*

*

*

*

..................

(3)

Hazard class
or division

III ..............

*
II ...............

II ...............
III ..............

*
I ................

*
I ................

*
II ...............

*
I ................

III ..............

*
II ...............

*
III ..............

*
I ................

(5)

PG

3 ...............

*
3 ...............

3, 6.1 ........
3, 6.1 ........

*
3, 6.1 ........

*
8, 5.1 ........

*
8 ...............

*
6.1, 3 ........

5.1 ............

*
5.1 ............

*
8, 6.1 ........

*
4.1 ............

(6)

B1, B13, IB3, T1, TP3

*
149, B13, IB2, T3,
TP3, TP29.

343, IB2, T7, TP2 .......
343, IB3, T4, TP1 .......

*
343, T14, TP2, TP13 ..

*
A3, B47, B53, T10,
TP2, TP12, TP13.

*
A6, B2, B47, B53, IB2,
IP15, T8, TP2.

*
14, T14, TP2, TP13 ....

IB8, IP3, N34, T1,
TP33.

*
A9, IB8, IP2, IP4, N34,
T3, TP33.

*
IB8, IP3, T1, TP33 ......

*
N90 .............................

(7)

Special
provisions
(§ 172.102)

150 ...........

*
150 ...........

150 ...........
150 ...........

*
None .........

*
None .........

*
None .........

*
None .........

152 ...........

*
152 ...........

*
154 ...........

*
None .........

(8A)

Exceptions

203 ...........

202 ...........

202 ...........
203 ...........

201 ...........

158 ...........

158 ...........

201 ...........

213 ...........

212 ...........

213 ...........

211 ...........

(8B)

Non-bulk

(8)
Packaging
(§ 173.***)

HAZARDOUS MATERIALS TABLE—Continued

Label codes

§ 172.101

242 ...........

*
242 ...........

243 ...........
242 ...........

*
243 ...........

*
243 ...........

*
242 ...........

*
244 ...........

240 ...........

*
240 ...........

*
240 ...........

*
None .........

(8C)

Bulk

60 L ..........

*
5 L ............

1 L ............
60 L ..........

*
Forbidden

*
Forbidden

*
Forbidden

*
Forbidden

25 kg ........

*
5 kg ..........

*
25 kg ........

*
0.5 kg .......

(9A)

Passenger
aircraft/rail

220 L ........

60 L ..........

60 L ..........
220 L ........

30 L ..........

2.5 L .........

30 L ..........

Forbidden

100 kg ......

25 kg ........

100 kg ......

0.5 kg .......

(9B)

Cargo aircraft only

(9)
Quantity limitations (see
§§ 173.27 and 175.75)

A ...............

B ...............

D ...............
C ...............

D ...............

D ...............

D ...............

D ...............

A ...............

A ...............

B ...............

D ...............

(10A)

Location

(10B)

Other

40
40

40

44, 66, 89,
90, 110,
111

44, 66, 74,
89, 90

25, 40

4, 48, 52,
56, 58,
69, 106,
116
4, 48, 52,
56, 58,
69, 106,
116

40, 55

28, 36

(10)
Vessel
stowage

3350
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

VerDate Mar<15>2010

Toxic by inhalation liquid, flammable, corrosive, n.o.s. with an
inhalation toxicity
lower than or equal
to 200 ml/m3 and
saturated vapor concentration greater
than or equal to 500
LC50.
Toxic by inhalation liquid, flammable, corrosive, n.o.s. with an
inhalation toxicity
lower than or equal
to 1000 ml/m3 and
saturated vapor concentration greater
than or equal to 10
LC50.

Toxic by inhalation liquid, water-reactive,
flammable, n.o.s.
with an inhalation
toxicity lower than or
equal to 200 ml/m3
and saturated vapor
concentration greater than or equal to
500 LC50.
Toxic by inhalation liquid, water-reactive,
flammable, n.o.s.
with an inhalation
toxicity lower than or
equal to 1000 ml/m3
and saturated vapor
concentration greater than or equal to
10 LC50.

G ............

21:05 Jan 18, 2011

Jkt 223001

PO 00000

G ............

Frm 00045

Fmt 4701

Sfmt 4700

E:\FR\FM\19JAR3.SGM

G ............

G ............

G ............

Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an
inhalation toxicity
lower than or equal
to 200 ml/m3 and
saturated vapor concentration greater
than or equal to 500
LC50.
Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an
inhalation toxicity
lower than or equal
to 1000 ml/m3 and
saturated vapor concentration greater
than or equal to 10
LC50.

G ............

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*

*

*

6.1

6.1

6.1

6.1

6.1

6.1

UN3491 ....

UN3490 ....

UN3489 ....

UN3488 ....

UN3493 ....

UN3492 ....

I ................

*
I ................

I ................

*
I ................

I ................

*
I ................

6.1, 4.3, 3

*
6.1, 4.3, 3

6.1, 3, 8 ....

*
6.1, 3, 8 ....

6.1, 8, 3 ....

*
6.1, 8, 3 ....

19JAR3

2, B9, B14, B32, B74,
T20, TP2, TP13,
TP27, TP38, TP45.

*
1, B9, B14, B30, B72,
T22, TP2, TP13,
TP27, TP38, TP44.

2, B9, B14, B32, B74,
T20, TP2, TP13,
TP27, TP38, TP45.

*
1, B9, B14, B30, B72,
T22, TP2, TP13,
TP27, TP38, TP44.

2, B9, B14, B32, B74,
T20, TP2, TP13,
TP27, TP38, TP45.

*
1, B9, B14, B30, B72,
T22, TP2, TP13,
TP27, TP38, TP44.

None .........

*
None .........

None .........

*
None .........

None .........

*
None .........

227 ...........

226 ...........

227 ...........

226 ...........

227 ...........

226 ...........

244 ...........

*
244 ...........

244 ...........

*
244 ...........

244 ...........

*
244 ...........

Forbidden

*
Forbidden

Forbidden

*
Forbidden

Forbidden

*
Forbidden

Forbidden

Forbidden

Forbidden

Forbidden

Forbidden

Forbidden

D ...............

D ...............

D ...............

D ...............

D ...............

D ...............

21, 28, 40,
49

21, 28, 40,
49

40, 125

40, 125

40, 125

40, 125

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

3351

VerDate Mar<15>2010

21:33 Jan 18, 2011

Jkt 223001

PO 00000

Frm 00046

Fmt 4701

Sfmt 4700

E:\FR\FM\19JAR3.SGM

G ............

G ............

G ............

(1)

Symbols

19JAR3

Arsenic compounds,
liquid, n.o.s. inorganic, including
arsenates, n.o.s.;
arsenites, n.o.s.; arsenic sulfides, n.o.s.;
and organic compounds of arsenic,
n.o.s.

Argon, refrigerated liquid (cryogenic liquid).

Antimony compounds,
inorganic, liquid,
n.o.s.
Antimony compounds,
inorganic, solid,
n.o.s.

Alcohols, n.o.s. ...........

[REVISE].

Vehicle, flammable gas
powered or Vehicle,
fuel cell, flammable
gas powered.
Vehicle, flammable liquid powered or Vehicle, fuel cell, flammable liquid powered.

Trinitro-m-cresol ..........

(2)

Hazardous materials descriptions and proper shipping names

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

...................
...................

..................

..................

UN1951 ....

UN1549 ....

UN3141 ....

UN1556 ....

2.2

6.1

6.1

...................

6.1

*

*

*

..................

...................

..................

UN3166 ....

UN3166 ....

UN1987 ....

9

9

UN0216 ....

(4)

Identification
numbers

3

*

*

*

*
1.1D

(3)

Hazard class
or division

III ..............

II ...............

*
I ................

*
...................

III ..............

*
III ..............

III ..............

II ...............

*
I ................

*

...................

*
...................

*
II ...............

(5)

PG

6.1 ............

6.1 ............

*
6.1 ............

*
2.2 ............

6.1 ............

*
6.1 ............

3 ...............

3 ...............

*
3 ...............

*

9 ...............

*
9 ...............

*
1.1D ..........

(6)

Label codes

§ 172.101

IB2, T11, TP2, TP13,
TP27.
IB3, T7, TP2, TP28 .....

*
T14, TP2, TP13, TP27

*
T75, TP5 .....................

35, IB8, IP3, T1, TP33

*
35, IB3, T7, TP1, TP28

*
172, T11, TP1, TP8,
TP27.
172, IB2, T7, TP1,
TP8, TP28.
172, B1, IB3, T4, TP1,
TP29.

*

135 ..............................

*
135 ..............................

*
.....................................

(7)

Special
provisions
(§ 172.102)

153 ...........

153 ...........

*
None .........

*
320 ...........

153 ...........

*
153 ...........

4b, 150 .....

4b, 150 .....

*
4b .............

*

220 ...........

*
220 ...........

*
None .........

(8A)

Exceptions

203 ...........

202 ...........

201 ...........

316 ...........

213 ...........

203 ...........

203 ...........

202 ...........

201 ...........

220 ...........

220 ...........

62 .............

(8B)

Non-bulk

(8)
Packaging
(§ 173.***)

HAZARDOUS MATERIALS TABLE

241 ...........

243 ...........

*
243 ...........

*
318 ...........

240 ...........

*
241 ...........

242 ...........

242 ...........

*
243 ...........

*

220 ...........

*
220 ...........

*
None .........

(8C)

Bulk

60 L ..........

5 L ............

*
1 L ............

*
50 kg ........

100 kg ......

*
60 L ..........

60 L ..........

5 L ............

*
1 L ............

*

No limit .....

*
Forbidden

*
Forbidden

(9A)

Passenger
aircraft/rail

220 L ........

60 L ..........

30 L ..........

500 kg ......

200 kg ......

220 L ........

220 L ........

60 L ..........

30 L ..........

No limit .....

No limit .....

Forbidden

(9B)

Cargo aircraft only

(9)
Quantity limitations (see
§§ 173.27 and 175.75)

B ...............

B ...............

B ...............

D ...............

A ...............

A ...............

A ...............

B ...............

E ...............

A ...............

A ...............

10 .............

(10A)

Location

(10B)

Other

40, 137

40, 137

40, 137

5E

(10)
Vessel
stowage

3352
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

VerDate Mar<15>2010

21:05 Jan 18, 2011

Jkt 223001

PO 00000

Frm 00047

Fmt 4701

Sfmt 4700

E:\FR\FM\19JAR3.SGM

19JAR3

A W ........

D ............

Carbon dioxide, refrigerated liquid.
Carbon dioxide, solid
or Dry ice.
Carbon disulfide ..........

Charges, bursting,
plastics bonded.

Cartridges power device (used to project
fastening devices)..

Cartridges, power device.

Cadmium compounds

tert-Butyl isocyanate ...

Bromates, inorganic,
n.o.s.

Bromates, inorganic,
aqueous solution,
n.o.s.

G ............

G ............

G ............

Beryllium compounds,
n.o.s.

Barium compounds,
n.o.s.

G ............

G ............

Arsenic compounds,
solid, n.o.s. inorganic, including
arsenates, n.o.s.;
arsenites, n.o.s.; arsenic sulfides, n.o.s.;
and organic compounds of arsenic,
n.o.s.

G ............

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

...................

..................

...................

..................

...................

..................

UN1845 ....
UN1131 ....

UN0323 ....

None .........

UN0460 ....

3

*
1.4S

*
ORM–D

*
1.4S

UN2187 ....

9

2.2

...................

..................
*

UN2570 ....
...................

UN2484 ....

6.1
..................

*

6.1

...................
UN1450 ....

..................
5.1

*

UN3213 ....

5.1

*

UN1566 ....

6.1

*

UN1564 ....

6.1

*

...................

UN1557 ....

..................

6.1

*
II ...............

*
...................

*
II ...............

I ................

...................

*
...................

III ..............

*
I ................
II ...............

*
I ................

III ..............
II ...............

*
II ...............

III ..............

*
II ...............

III ..............

*
II ...............

III ..............

II ...............

I ................

*
1.4S ..........

*
None .........

*
1.4S ..........

3, 6.1 ........

None .........

*
2.2 ............

6.1 ............

*
6.1 ............
6.1 ............

*
6.1, 3 ........

5.1 ............
5.1 ............

*
5.1 ............

6.1 ............

*
6.1 ............

6.1 ............

*
6.1 ............

6.1 ............

6.1 ............

6.1 ............

*
347 ..............................

*
347 ..............................

*
110, 347 ......................

B16, T14, TP2, TP7,
TP13.

.....................................

*
T75, TP5 .....................

*
IB7, IP1, T6, TP33 ......
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

*
1, B9, B14, B30, B72,
T20, TP2, TP13,
TP38, TP44.

350, IB2, T4, TP1 .......
350, IB8, IP2, IP4, T3,
TP33.

*
350, IB2, T4, TP1 .......

*
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

*
IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

IB7, IP1, T6, TP33 ......

*
None .........

*
63 .............

*
63 .............

None .........

217 ...........

*
306 ...........

153 ...........

*
None .........
153 ...........

*
None .........

152 ...........
152 ...........

*
152 ...........

153 ...........

*
153 ...........

153 ...........

*
153 ...........

153 ...........

153 ...........

None .........

62 .............

None .........

62 .............

201 ...........

217 ...........

304 ...........

213 ...........

211 ...........
212 ...........

226 ...........

203 ...........
212 ...........

202 ...........

213 ...........

212 ...........

213 ...........

212 ...........

213 ...........

212 ...........

211 ...........

*
None .........

*
None .........

*
62 .............

243 ...........

240 ...........

*
314, 315 ...

240 ...........

*
242 ...........
242 ...........

*
244 ...........

241 ...........
242 ...........

*
242 ...........

240 ...........

*
242 ...........

240 ...........

*
242 ...........

240 ...........

242 ...........

242 ...........

*
25 kg ........

*
30 kg gross

*
25 kg ........

Forbidden

200 kg ......

*
50 kg ........

100 kg ......

*
5 kg ..........
25 kg ........

*
Forbidden

2.5 L .........
5 kg ..........

*
1 L ............

100 kg ......

*
25 kg ........

100 kg ......

*
25 kg ........

100 kg ......

25 kg ........

5 kg ..........

100 kg ......

30 kg gross

100kg ........

Forbidden

200 kg ......

500 kg ......

200 kg ......

50 kg ........
100 kg ......

Forbidden

30 L ..........
25 kg ........

5 L ............

200 kg ......

100 kg ......

200 kg ......

100 kg ......

200 kg ......

100 kg ......

50 kg ........

05 .............

A ...............

05 .............

D ...............

C ...............

D ...............

A ...............

A ...............
A ...............

D ...............

B ...............
A ...............

B ...............

A ...............

A ...............

A ...............

A ...............

A ...............

A ...............

A ...............

40, 78, 115

40

40

56, 58, 133
56, 58

56, 58, 133

137

137

137

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

3353

VerDate Mar<15>2010

21:39 Jan 18, 2011

Jkt 223001

PO 00000

Frm 00048

Fmt 4701

Sfmt 4700

E:\FR\FM\19JAR3.SGM

19JAR3

Compressed gas, n.o.s

G ............

G ............

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

G ............

Chlorosilanes, corrosive, flammable,
n.o.s.
Chlorosilanes, corrosive, n.o.s.

Chloropicrin mixtures,
n.o.s.

G ............

Chloroacetonitrile ........

+ .............

Chloropicrin .................

Chlorites, inorganic,
n.o.s.

G ............

+ .............

Chlorates, inorganic,
n.o.s.

Chlorates, inorganic,
aqueous solution,
n.o.s.

Charges, shaped, without detonator.

Charges, explosive,
commercial without
detonator.

(2)

G ............

G ............

(1)

Symbols

Hazardous materials descriptions and proper shipping names

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*

*

*

2.2

6.1

UN1956 ....

UN3361 ....

UN3362 ....

UN2987 ....

8

6.1

UN2986 ....

8

...................
...................

..................
..................

UN1580 ....

UN2668 ....

UN1583 ....

6.1

6.1

UN1462 ....

6.1

*

*

*

5.1

...................
UN1461 ....

..................
5.1

*

UN3210 ....

UN0441 ....

UN0445 ....

(4)

Identification
numbers

5.1

*

*
1.4S

*
1.4S

(3)

Hazard class
or division

*
...................

II ...............

*
II ...............

II ...............

*
II ...............

II ...............
III ..............

*
I ................

*
I ................

*
I ................

*
II ...............

III ..............
II ...............

*
II ...............

*
II ...............

*
II ...............

(5)

PG

*
2.2 ............

6.1, 8 ........

*
6.1, 3, 8 ....

8 ...............

*
8, 3 ...........

6.1 ............
6.1 ............

*
6.1 ............

*
6.1 ............

*
6.1, 3 ........

*
5.1 ............

5.1 ............
5.1 ............

*
5.1 ............

*
1.4S ..........

*
1.4S ..........

(6)

*
.....................................

T14, TP2, TP7, TP13,
TP27.

*
T14, TP2, TP7, TP13,
TP27.

B2, T14, TP2, TP7,
TP13, TP27.

*
T14, TP2, TP7, TP13,
TP27.

IB2 ...............................
IB3 ...............................

*
5 ..................................

*
2, B7, B9, B14, B32,
B46, T22, TP2,
TP13, TP38, TP45.

*
2, B9, B14, B32, IB9,
T20, TP2, TP13,
TP38, TP45.

*
352, A7, IB6, IP2, N34,
T3, TP33.

351, IB2, T4, TP1 .......
351, A9, IB6, IP2, N34,
T3, TP33.

*
351, IB2, T4, TP1 .......

*
347 ..............................

*
347 ..............................

(7)

Special
provisions
(§ 172.102)

*
306, 307 ...

None .........

*
None .........

None .........

*
None .........

153 ...........
153 ...........

*
None .........

*
None .........

*
None .........

*
152 ...........

152 ...........
152 ...........

*
152 ...........

*
None .........

*
None .........

(8A)

Exceptions

302, 305 ...

206 ...........

206 ...........

206 ...........

206 ...........

202 ...........
203 ...........

201 ...........

227 ...........

227 ...........

212 ...........

203 ...........
212 ...........

202 ...........

62 .............

62 .............

(8B)

Non-bulk

(8)
Packaging
(§ 173.***)

HAZARDOUS MATERIALS TABLE—Continued

Label codes

§ 172.101

*
314, 315 ...

243 ...........

*
243 ...........

242 ...........

*
243 ...........

243 ...........
241 ...........

*
243 ...........

*
244 ...........

*
244 ...........

*
242 ...........

241 ...........
242 ...........

*
242 ...........

*
None .........

*
None .........

(8C)

Bulk

*
75 kg ........

1 L ............

*
1 L ............

Forbidden

*
Forbidden

Forbidden
Forbidden

*
Forbidden

*
Forbidden

*
Forbidden

*
5 kg ..........

2.5 L .........
5 kg ..........

*
1 L ............

*
25 kg ........

*
25 kg ........

(9A)

Passenger
aircraft/rail

150 kg ......

30 L ..........

30 L ..........

30 L ..........

30 L ..........

Forbidden
Forbidden

Forbidden

Forbidden

Forbidden

25 kg ........

30 L ..........
25 kg ........

5 L ............

100 kg ......

100 kg ......

(9B)

Cargo aircraft only

(9)
Quantity limitations (see
§§ 173.27 and 175.75)

A ...............

C ...............

C ...............

C ...............

C ...............

C ...............
C ...............

C ...............

D ...............

A ...............

A ...............

B ...............
A ...............

B ...............

05 .............

05 .............

(10A)

Location

(10B)

Other

40

40, 125

40

40

40
40

40

40

12, 40, 52

56, 58

56, 58, 133
56, 58

56, 58, 133

(10)
Vessel
stowage

3354
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

VerDate Mar<15>2010

21:39 Jan 18, 2011

Jkt 223001

PO 00000

Frm 00049

Fmt 4701

Sfmt 4700

E:\FR\FM\19JAR3.SGM

19JAR3

+ .............

Ethyl isocyanate ..........

Ethanol or Ethyl alcohol or Ethanol solutions or Ethyl alcohol
solutions.

Environmentally hazardous substance,
solid, n.o.s.

G ............

G ............

G ............

Elevated temperature
liquid, flammable,
n.o.s., with flash
point above 37.8 C,
at or above its flash
point.
Elevated temperature
liquid, n.o.s., at or
above 100 C and
below its flash point
(including molten
metals, molten salts,
etc.).
Elevated temperature
solid, n.o.s., at or
above 240 C, see
§ 173.247(h)(4).

Dibenzyldichlorosilane

Detonators, non-electric for blasting.

Detonators for ammunition.

Detonators, electric for
blasting.

Cyanide solutions,
n.o.s.

G ............

G ............

Crotonaldehyde or
Crotonaldehyde, stabilized.

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

UN0456 ....

UN0366 ....

*
1.4S

*
1.4S

*
6.1

UN2481 ....

...................

..................

UN3077 ....

UN3258 ....

UN3257 ....

UN3256 ....

UN2434 ....

UN1170 ....

9

9

9

3

8

3

*

*

*

*

UN0455 ....

...................

..................

*
1.4S

...................

..................

UN1143 ....

UN1935 ....

6.1

6.1

*

*

*
I ................

III ..............

*
II ...............

*
III ..............

III ..............

III ..............

*
III ..............

*
II ...............

*
II ...............

*
II ...............

*
II ...............

III ..............

II ...............

*
I ................

*
I ................

*
6.1, 3 ........

3 ...............

*
3 ...............

*
9 ...............

9 ...............

9 ...............

*
3 ...............

*
8 ...............

*
1.4S ..........

*
1.4S ..........

*
1.4S ..........

6.1 ............

6.1 ............

*
6.1 ............

*
6.1, 3 ........

*
1, B9, B14, B30, T20,
TP2, TP13, TP38,
TP44.

24, B1, IB3, T2, TP1 ...

*
24, IB2, T4, TP1 .........

*
8, 146, 335, A112,
B54, IB8, IP3, N20,
T1, TP33.

.....................................

IB1, T3, TP3, TP29 .....

*
IB1, T3, TP3, TP29 .....

*
B2, T10, TP2, TP7,
TP13.

*
347 ..............................

*
347 ..............................

*
347 ..............................

*
B37, T14, TP2, TP13,
TP27.
IB2, T11, TP2, TP13,
TP27.
IB3, T7, TP2, TP13,
TP28.

*
2, 175, B9, B14, B32,
B77, T20, TP2,
TP13, TP38, TP45.

*
None .........

4b, 150 .....

*
4b, 150 .....

*
155 ...........

247(h)(4) ...

None .........

*
None .........

*
154 ...........

*
63(f), 63(g)

*
None .........

*
63(f), 63(g)

153 ...........

153 ...........

*
None .........

*
None .........

226 ...........

203 ...........

202 ...........

213 ...........

None .........

None .........

None .........

206 ...........

62 .............

62 .............

62 .............

203 ...........

202 ...........

201 ...........

227 ...........

*
244 ...........

242 ...........

*
242 ...........

*
240 ...........

247 ...........

247 ...........

*
247 ...........

*
242 ...........

*
None .........

*
None .........

*
None .........

241 ...........

243 ...........

*
243 ...........

*
244 ...........

*
Forbidden

60 L ..........

*
5 L ............

*
No limit .....

Forbidden

Forbidden

*
Forbidden

*
Forbidden

*
25 kg ........

*
25 kg ........

*
25 kg ........

60 L ..........

5 L ............

*
1 L ............

*
Forbidden

Forbidden

220 L ........

60 L ..........

No limit .....

Forbidden

Forbidden

Forbidden

30 L ..........

100 kg ......

100 kg ......

100 kg ......

220 L ........

60 L ..........

30 L ..........

Forbidden

D ...............

A ...............

A ...............

A ...............

A ...............

A ...............

A ...............

C ...............

05 .............

05 .............

05 .............

A ...............

A ...............

B ...............

D ...............

40, 52

85

85

40

40, 52

40, 52

40, 52

40

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

3355

VerDate Mar<15>2010

21:39 Jan 18, 2011

Jkt 223001

PO 00000

Frm 00050

Fmt 4701

Sfmt 4700

E:\FR\FM\19JAR3.SGM

19JAR3

G ............

+ .............

Isobutyl isocyanate .....

+ .............

Lead compounds,
soluble, n.o.s.

Krypton, refrigerated
liquid (cryogenic liquid).

Isopropyl isocyanate ...

Isopropanol or Isopropyl alcohol.

Hypochlorites, inorganic, n.o.s.

Hydrogen in a metal
hydride storage system or Hydrogen in
a metal hydride storage system contained in equipment
or Hydrogen in a
metal hydride storage system packed
with equipment.

Helium, refrigerated
liquid (cryogenic liquid).

Fluorosilicates, n.o.s ...

Ethylene oxide or
Ethylene oxide with
nitrogen up to a total
pressure of 1 MPa
(10 bar) at 50 degrees C.

(2)

G ............

G ............

(1)

Symbols

Hazardous materials descriptions and proper shipping names

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

(3)

*

*

*

*

*

*

*

*

*

*

6.1

2.2

6.1

3

6.1

5.1

2.1

2.2

6.1

2.3

Hazard class
or division

UN2291 ....

UN1970 ....

UN2483 ....

UN1219 ....

UN2486 ....

UN3212 ....

UN3468 ....

UN1963 ....

UN2856 ....

UN1040 ....

(4)

Identification
numbers

*
III ..............

*
...................

*
I ................

*
II ...............

*
I ................

*
II ...............

*
...................

*
...................

*
III ..............

*
...................

(5)

PG

*
6.1 ............

*
2.2 ............

*
6.1, 3 ........

*
3 ...............

*
6.1, 3 ........

*
5.1 ............

*
2.1 ............

*
2.2 ............

*
6.1 ............

*
2.3, 2.1 .....

(6)

*
138, IB8, IP3, T1,
TP33.

*
T75, TP5 .....................

*
1, B9, B14, B30, T20,
TP2, TP13, TP38,
TP44.

*
IB2, T4, TP1 ...............

*
1, B9, B14, B30, T20,
TP2, TP13, TP27.

*
349, A9, IB8, IP2, IP4,
T3, TP33.

*
167 ..............................

*
T75, TP5 .....................

*
IB8, IP3, T1, TP33 ......

*
4, 342, T50, TP20 .......

(7)

Special
provisions
(§ 172.102)

*
153 ...........

*
320 ...........

*
None .........

*
4b, 150 .....

*
None .........

*
152 ...........

*
None .........

*
320 ...........

*
153 ...........

*
None .........

(8A)

Exceptions

213 ...........

None .........

226 ...........

202 ...........

226 ...........

212 ...........

311 ...........

316 ...........

213 ...........

323 ...........

(8B)

Non-bulk

(8)
Packaging
(§ 173.***)

HAZARDOUS MATERIALS TABLE—Continued

Label codes

§ 172.101

*
240 ...........

*
None .........

*
244 ...........

*
242 ...........

*
244 ...........

*
240 ...........

*
None .........

*
318 ...........

*
240 ...........

*
323 ...........

(8C)

Bulk

*
100 kg ......

*
50 kg ........

*
Forbidden

*
5 L ............

*
Forbidden

*
5 kg ..........

*
Forbidden

*
50 kg ........

*
100 kg ......

*
Forbidden

(9A)

Passenger
aircraft/rail

200 kg ......

500 kg ......

Forbidden

60 L ..........

Forbidden

25 kg ........

100 kg
gross.

500 kg ......

200 kg ......

Forbidden

(9B)

Cargo aircraft only

(9)
Quantity limitations (see
§§ 173.27 and 175.75)

A ...............

D ...............

D ...............

B ...............

D ...............

D ...............

D ...............

D ...............

A ...............

D ...............

(10A)

Location

(10B)

Other

40

40

4, 48, 52,
56, 58,
69, 106,
116, 118

52

40

(10)
Vessel
stowage

3356
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

VerDate Mar<15>2010

21:39 Jan 18, 2011

Jkt 223001

PO 00000

Frm 00051

Fmt 4701

Sfmt 4700

E:\FR\FM\19JAR3.SGM

19JAR3

Methylphenyldichlorosilane.

Methyl orthosilicate .....

Methyl isothiocyanate

Methyl iodide ...............

Methyl bromide and
ethylene dibromide
mixtures, liquid.

Methoxymethyl
isocyanate.

Methacrylonitrile, stabilized.

+ .............

+ .............

Metal catalyst, wetted
with a visible excess
of liquid.

Metal catalyst, dry .......

Mercury compound,
solid, n.o.s.

Mercury compound,
liquid, n.o.s.

G ............

G ............

G ............

G ............

Medicine, solid, toxic,
n.o.s.

Medicine, liquid, toxic,
n.o.s.

Medicine, liquid, flammable, toxic, n.o.s.

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

...................
UN1851 ....
...................
UN3249 ....
...................

..................
6.1

..................
6.1

..................

...................

..................

*

*

*

*

*

*

*

8

6.1

6.1

6.1

6.1

6.1

6.1

UN2437 ....

UN2606 ....

UN2477 ....

UN2644 ....

UN1647 ....

UN2605 ....

UN3079 ....

UN1378 ....

...................

..................
4.2

UN2881 ....
...................

4.2
..................

*

...................

...................
...................
UN2025 ....

..................
..................
6.1

..................

UN2024 ....

6.1

*

UN3248 ....

3

*

*
II ...............

*
I ................

*
I ................

*
I ................

*
I ................

*
I ................

*
I ................

II ...............

III ..............

*
I ................
II ...............

III ..............

II ...............

II ...............
III ..............
I ................

*
I ................

III ..............

III ..............
II ...............

III ..............
II ...............

*
II ...............

*
8 ...............

*
6.1, 3 ........

*
6.1, 3 ........

*
6.1 ............

*
6.1 ............

*
6.1, 3 ........

*
6.1, 3 ........

4.2 ............

4.2 ............

*
4.2 ............
4.2 ............

6.1 ............

6.1 ............

6.1 ............
6.1 ............
6.1 ............

*
6.1 ............

6.1 ............

6.1 ............
6.1 ............

3, 6.1 ........
6.1 ............

*
3, 6.1 ........

*
T10, TP2, TP7, TP13

*
2, B9, B14, B32, T20,
TP2, TP13, TP38,
TP45.

*
2, B9, B14, B32, T20,
TP2, TP13, TP38,
TP45.

*
2, B9, B14, B32, T20,
TP2, TP13, TP38,
TP45.

*
2, B9, B14, B32, N65,
T20, TP2, TP13,
TP38, TP44.

*
1, B9, B14, B30, T20,
TP2, TP13, TP38,
TP44.

*
2, B9, B14, B32, T20,
TP2, TP13, TP38,
TP45.

*
N34, T21, TP7, TP33
IB6, IP2, N34, T3,
TP33.
IB8, IP3, N34, T1,
TP33.
A2, A8, IB1, N34, T3,
TP33.

IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

IB2 ...............................
IB3 ...............................
IB7, IP1, T6, TP33 ......

*
.....................................

T3, TP33 .....................

.....................................
T3, TP33 .....................

IB3 ...............................
.....................................

*
IB2 ...............................

*
None .........

*
None .........

*
None .........

*
None .........

*
None .........

*
None .........

*
None .........

None .........

None .........

*
None .........
None .........

153 ...........

153 ...........

153 ...........
153 ...........
None .........

*
None .........

153 ...........

153 ...........
153 ...........

150 ...........
153 ...........

*
150 ...........

206 ...........

227 ...........

227 ...........

227 ...........

227 ...........

226 ...........

227 ...........

212 ...........

187 ...........

187 ...........
187 ...........

213 ...........

212 ...........

202 ...........
203 ...........
211 ...........

201 ...........

213 ...........

203 ...........
212 ...........

203 ...........
202 ...........

202 ...........

*
242 ...........

*
244 ...........

*
244 ...........

*
244 ...........

*
244 ...........

*
244 ...........

*
244 ...........

None .........

241 ...........

*
None .........
242 ...........

240 ...........

242 ...........

243 ...........
241 ...........
242 ...........

*
243 ...........

240 ...........

241 ...........
242 ...........

242 ...........
243 ...........

*
243 ...........

*
Forbidden

*
Forbidden

*
Forbidden

*
Forbidden

*
Forbidden

*
Forbidden

*
Forbidden

Forbidden

25 kg ........

*
Forbidden
Forbidden

100 kg ......

25 kg ........

5 L ............
60 L ..........
5 kg ..........

*
1 L ............

100 kg ......

60 L ..........
25 kg ........

60 L ..........
5 L ............

*
1 L ............

30 L ..........

Forbidden

Forbidden

Forbidden

Forbidden

Forbidden

Forbidden

50 kg ........

100 kg ......

Forbidden
50 kg ........

200 kg ......

100 kg ......

60 L ..........
220 L ........
50 kg ........

30 L ..........

200 kg ......

220 L ........
100 kg ......

220 L ........
60 L ..........

60 L ..........

C ...............

D ...............

D ...............

D ...............

D ...............

D ...............

D ...............

C ...............

C ...............

C ...............
C ...............

A ...............

A ...............

B ...............
B ...............
A ...............

B ...............

C ...............

C ...............
C ...............

A ...............
C ...............

B ...............

40

40

40

12, 40

40

40

12, 40, 48

40
40

40

40

40
40

40

40

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

3357

VerDate Mar<15>2010

21:39 Jan 18, 2011

Jkt 223001

PO 00000

Frm 00052

Fmt 4701

Sfmt 4700

E:\FR\FM\19JAR3.SGM

19JAR3

G ............

G ............

G ............

Nitrites, inorganic,
n.o.s.

G ............

Organometallic substance, liquid,
pyrophoric.
Organometallic substance, liquid,
pyrophoric, water-reactive.
Organometallic substance, liquid, waterreactive.

Nitrous oxide, refrigerated liquid.

Nitrogen, refrigerated
liquid cryogenic liquid.

Nitrites, inorganic,
aqueous solution,
n.o.s.

Nicotine compounds,
solid, n.o.s. or Nicotine preparations,
solid, n.o.s.

G ............

G ............

Nicotine compounds,
liquid, n.o.s. or Nicotine preparations, liquid, n.o.s.

Nickel carbonyl ...........

Neon, refrigerated liquid (cryogenic liquid).

Motor fuel anti-knock
mixtures.

(2)

G ............

+ .............

(1)

Symbols

Hazardous materials descriptions and proper shipping names

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

...................

..................

*

*

*

4.3

4.2

4.2

2.2

2.2

UN3398 ....

UN3394 ....

UN3392 ....

UN2201 ....

UN1977 ....

UN2627 ....

...................

..................
5.1

UN3219 ....

5.1

*

...................

UN3144 ....

UN1259 ....

UN1913 ....

UN1649 ....

..................

6.1

6.1

2.2

6.1

...................
...................
UN1655 ....

*

*

*

*

(4)

Identification
numbers

..................
..................
6.1

(3)

Hazard class
or division

I ................

I ................

*
I ................

*
...................

*
...................

II ...............

III ..............

*
II ...............

III ..............

II ...............

II ...............
III ..............
I ................

*
I ................

*
I ................

*
...................

*
I ................

(5)

PG

4.3 ............

4.2, 4.3 .....

*
4.2 ............

*
2.2, 5.1 .....

*
2.2 ............

5.1 ............

5.1 ............

*
5.1 ............

6.1 ............

6.1 ............

6.1 ............
6.1 ............
6.1 ............

*
6.1 ............

*
6.1, 3 ........

*
2.2 ............

*
6.1 ............

(6)

T13, TP2, TP7, TP36

B11, T21, TP2, TP7,
TP36.

*
B11, T21, TP2, TP7,
TP36.

*
B6, T75, TP5, TP22 ....

*
345, 346, T75, TP5 .....

33, IB8, IP2, IP4, T3,
TP33.

IB2, T4, TP1 ...............

*
IB1, T4, TP1 ...............

IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

IB2, T11, TP2, TP27 ...
IB3, T7, TP1, TP28 .....
IB7, IP1, T6, TP33 ......

*
A4 ................................

*
1 ..................................

*
T75, TP5 .....................

*
14, B9, B90, T14, TP2,
TP13.

(7)

Special
provisions
(§ 172.102)

None .........

None .........

*
None .........

*
None .........

*
320 ...........

152 ...........

152 ...........

*
152 ...........

153 ...........

153 ...........

153 ...........
153 ...........
None .........

*
None .........

*
None .........

*
320 ...........

*
None .........

(8A)

Exceptions

201 ...........

181 ...........

181 ...........

304 ...........

316 ...........

212 ...........

203 ...........

202 ...........

213 ...........

212 ...........

202 ...........
203 ...........
211 ...........

201 ...........

198 ...........

316 ...........

201 ...........

(8B)

Non-bulk

(8)
Packaging
(§ 173.***)

HAZARDOUS MATERIALS TABLE—Continued

Label codes

§ 172.101

244 ...........

244 ...........

*
244 ...........

*
314, 315 ...

*
318 ...........

None .........

241 ...........

*
242 ...........

240 ...........

242 ...........

243 ...........
241 ...........
242 ...........

*
243 ...........

*
None .........

*
None .........

*
244 ...........

(8C)

Bulk

Forbidden

Forbidden

*
Forbidden

*
Forbidden

*
50 kg ........

5 kg ..........

2.5 L .........

*
1 L ............

100 kg ......

25 kg ........

5 L ............
60 L ..........
5 kg ..........

*
1 L ............

*
Forbidden

*
50 kg ........

*
Forbidden

(9A)

Passenger
aircraft/rail

1 L ............

Forbidden

Forbidden

Forbidden

500 kg ......

25 kg ........

30 L ..........

5 L ............

200 kg ......

100 kg ......

60 L ..........
220 L ........
50 kg ........

30 L ..........

Forbidden

500 kg ......

30 L ..........

(9B)

Cargo aircraft only

(9)
Quantity limitations (see
§§ 173.27 and 175.75)

E ...............

D ...............

D ...............

D ...............

D ...............

A ...............

B ...............

B ...............

A ...............

A ...............

B ...............
B ...............
B ...............

B ...............

D ...............

D ...............

D ...............

(10A)

Location

(10B)

Other

40, 52

78

78

40

46, 56, 58,
133
46, 56, 58,
133

46, 56, 58,
133

40
40

40

40, 78

25, 40

(10)
Vessel
stowage

3358
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

VerDate Mar<15>2010

21:39 Jan 18, 2011

Organometallic substance, solid,
pyrophoric.
Organometallic substance, solid,
pyrophoric, water-reactive.
Organometallic substance, solid, selfheating.

G ............

Jkt 223001

PO 00000

Frm 00053

Fmt 4701

Sfmt 4700

Organometallic substance, solid, waterreactive, self-heating.

G ............

G ............

G ............

Organometallic substance, solid, waterreactive, flammable.

G ............

E:\FR\FM\19JAR3.SGM

19JAR3

Petroleum crude oil .....

Pentaerythrite
tetranitrate or Pentaerythritol tetranitrate
or PETN, with not
less than 7 percent
wax by mass.

Permanganates, inorganic, aqueous solution, n.o.s.
Permanganates, inorganic, n.o.s.

Oxygen, compressed ..

Organometallic substance, solid, waterreactive.

G ............

G ............

G ............

Organometallic substance, liquid, waterreactive, flammable.

G ............

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

UN0411 ....

*
1.1D

UN1267 ....
...................
...................

3

..................

..................

*

...................

..................

UN3214 ....

UN1072 ....

UN1482 ....

5.1

2.2

...................
...................

...................
...................
UN3397 ....

...................
...................
UN3396 ....

...................
UN3395 ....

UN3400 ....

UN3393 ....

5.1

*

*

..................
..................

..................
..................
4.3

..................
..................
4.3

..................
4.3

4.2

4.2

UN3391 ....

...................

..................
4.2

...................

..................

UN3399 ....

...................

..................
4.3

...................

..................

III ..............

II ...............

*
I ................

*
II ...............

III ..............

II ...............

*
II ...............

*
...................

II ...............
III ..............

II ...............
III ..............
I ................

II ...............
III ..............
I ................

III ..............
I ................

II ...............

I ................

I ................

III ..............

II ...............

I ................

III ..............

II ...............

3 ...............

3 ...............

*
3 ...............

*
1.1D ..........

5.1 ............

5.1 ............

*
5.1 ............

*
2.2, 5.1 .....

4.3, 4.2 .....
4.3, 4.2 .....

4.3, 4.1 .....
4.3, 4.1 .....
4.3, 4.2 .....

4.3 ............
4.3 ............
4.3, 4.1 .....

4.2 ............
4.3 ............

4.2 ............

4.2, 4.3 .....

4.2 ............

4.3, 3 ........

4.3, 3 ........

4.3, 3 ........

4.3 ............

4.3 ............

*
144, 357, T11, TP1,
TP8.
144, 357, IB2, T4,
TP1, TP8.
144, 357, B1, IB3, T2,
TP1.

*
120 ..............................

26, 353, A30, IB6, IP2,
T3, TP33.
26, 353, A30, IB8, IP3,
T1, TP33.

*
26, 353, IB2, T4, TP1

*
110, A14 .....................

IB4, T3, TP33, TP36 ...
IB6, T1, TP33, TP36 ...

IB4, T3, TP33, TP36 ...
IB6, T1, TP33, TP36 ...
N40, T9, TP7, TP33,
TP36.

IB4, T3, TP33, TP36 ...
IB6, T1, TP33, TP36 ...
N40, T9, TP7, TP33,
TP36.

IB8, T1, TP33, TP36 ...
N40, T9, TP7, TP33,
TP36.

IB6, T3, TP33, TP36 ...

B11, T21, TP7, TP33,
TP36.

IB1, IP2, T7, TP2,
TP7, TP36.
IB2, IP4, T7, TP2,
TP7, TP36.
T21, TP7, TP33, TP36

IB1, T7, TP2, TP7,
TP36.
IB2, T7, TP2, TP7,
TP36.
T13, TP2, TP7, TP36

150 ...........

150 ...........

*
150 ...........

*
None .........

152 ...........

152 ...........

*
152 ...........

*
306 ...........

None .........
None .........

151 ...........
151 ...........
None .........

151 ...........
151 ...........
None .........

None .........
None .........

203 ...........

202 ...........

201 ...........

62 .............

213 ...........

212 ...........

202 ...........

302 ...........

212 ...........
213 ...........

212 ...........
213 ...........
211 ...........

212 ...........
213 ...........
211 ...........

213 ...........
211 ...........

212 ...........

187 ...........

None .........

None .........

187 ...........

203 ...........

202 ...........

201 ...........

203 ...........

202 ...........

None .........

None .........

None .........

None .........

None .........

None .........

242 ...........

242 ...........

*
243 ...........

*
None .........

240 ...........

242 ...........

*
242 ...........

*
314, 315 ...

242 ...........
241 ...........

242 ...........
241 ...........
242 ...........

242 ...........
241 ...........
242 ...........

242 ...........
242 ...........

242 ...........

244 ...........

244 ...........

242 ...........

243 ...........

244 ...........

242 ...........

243 ...........

60 L ..........

5 L ............

*
1 L ............

*
Forbidden

25 kg ........

5 kg ..........

*
1 L ............

*
75 kg ........

15 kg ........
25 kg ........

15 kg ........
25 kg ........
Forbidden

15 kg ........
25 kg ........
Forbidden

25 kg ........
Forbidden

15 kg ........

Forbidden

Forbidden

5 L ............

1 L ............

Forbidden

5 L ............

1 L ............

220 L ........

60 L ..........

30 L ..........

Forbidden

100 kg ......

25 kg ........

5 L ............

150 kg ......

50 kg ........
100 kg ......

50 kg ........
100 kg ......
15 kg ........

50 kg ........
100 kg ......
15 kg ........

100 kg ......
15 kg ........

50 kg ........

Forbidden

Forbidden

60 L ..........

5 L ............

1 L ............

60 L ..........

5 L ............

A ...............

B ...............

E ...............

10 .............

D ...............

D ...............

D ...............

A ...............

E ...............
E ...............

E ...............
E ...............
E ...............

E ...............
E ...............
E ...............

C ...............
E ...............

C ...............

D ...............

D ...............

E ...............

D ...............

D ...............

E ...............

E ...............

56, 58, 138

56, 58, 138

56, 58,
133, 138

40, 52
40, 52

40, 52
40, 52
40, 52

40, 52
40, 52
40, 52

40, 52

52

40, 52

40, 52

40, 52

40, 52

40, 52

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

3359

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E:\FR\FM\19JAR3.SGM

19JAR3

Selenium compound,
liquid, n.o.s.

Selenium compound,
solid, n.o.s.

G ............

G ............

Silicon tetrachloride ....

Selenates or Selenites

Pyrophoric liquid, inorganic, n.o.s.
Pyrophoric liquids, organic, n.o.s.

n-Propyl isocyanate ....

Powder, smokeless .....

Potassium nitrate ........

Polyester resin kit .......

Phosphorous
oxychloride.

Phenylmercuric compounds, n.o.s.

Phenyl mercaptan .......

(2)

G ............

G ............

G ............

+ .............

G ............

(1)

Symbols

Hazardous materials descriptions and proper shipping names

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

UN1818 ....

...................

..................

8

...................

..................

*

...................
...................
UN3283 ....

..................
..................
6.1

UN2630 ....

UN2845 ....

UN3194 ....

UN2482 ....

UN3440 ....

6.1

4.2

4.2

6.1

6.1

*

*

*

*

UN0509 ....

*
1.4C

UN3269 ....

UN1486 ....

3

UN1810 ....

5.1

*

*

6.1

...................

..................
*

...................

UN2337 ....

..................

6.1

UN2026 ....

*

(4)

Identification
numbers

6.1

(3)

Hazard class
or division

*
II ...............

III ..............

II ...............

II ...............
III ..............
I ................

*
I ................

*
I ................

I ................

*
I ................

*
I ................

*
...................

*
III ..............

*
...................

*
I ................

III ..............

II ...............

I ................

*
I ................

(5)

PG

*
8 ...............

6.1 ............

6.1 ............

6.1 ............
6.1 ............
6.1 ............

*
6.1 ............

*
6.1 ............

4.2 ............

*
4.2 ............

*
6.1, 3 ........

*
1.4C ..........

*
5.1 ............

*
3 ...............

*
6.1, 8 ........

6.1 ............

6.1 ............

6.1 ............

*
6.1, 3 ........

(6)

*
A3, A6, B2, B6, T10,
TP2, TP7, TP13.

IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

IB2, T11, TP2, TP27 ...
IB3, T7, TP1, TP28 .....
IB7, IP1, T6, TP33 ......

*
T14, TP2, TP27 ..........

*
IB7, IP1, T6, TP33 ......

B11, T22, TP2, TP7 ....

*
.....................................

*
1, B9, B14, B30, T20,
TP2, TP13, TP38,
TP44.

*
.....................................

*
A1, A29, IB8, IP3, T1,
TP33, W1.

*
40, 149 ........................

*
2, B9, B14, B32, B77,
N34, T20, TP2,
TP13, TP38, TP45.

IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

*
2, B9, B14, B32, B77,
T20, TP2, TP13,
TP38, TP45.
IB7, IP1, T6, TP33 ......

(7)

Special
provisions
(§ 172.102)

*
None .........

153 ...........

153 ...........

153 ...........
153 ...........
None .........

*
None .........

*
None .........

None .........

*
None .........

*
None .........

*
None .........

*
152 ...........

*
165 ...........

*
None .........

153 ...........

153 ...........

None .........

*
None .........

(8A)

Exceptions

202 ...........

213 ...........

212 ...........

202 ...........
203 ...........
211 ...........

201 ...........

211 ...........

181 ...........

181 ...........

226 ...........

62 .............

213 ...........

165 ...........

227 ...........

213 ...........

212 ...........

211 ...........

227 ...........

(8B)

Non-bulk

(8)
Packaging
(§ 173.***)

HAZARDOUS MATERIALS TABLE—Continued

Label codes

§ 172.101

*
242 ...........

240 ...........

242 ...........

243 ...........
241 ...........
242 ...........

*
243 ...........

*
242 ...........

244 ...........

*
244 ...........

*
244 ...........

*
None .........

*
240 ...........

*
None .........

*
244 ...........

240 ...........

242 ...........

242 ...........

*
244 ...........

(8C)

Bulk

*
Forbidden

100 kg ......

25 kg ........

5 L ............
60 L ..........
5 kg ..........

*
1 L ............

*
5 kg ..........

Forbidden

*
Forbidden

*
Forbidden

*
Forbidden

*
25 kg ........

*
5 kg ..........

*
Forbidden

100 kg ......

25 kg ........

5 kg ..........

*
Forbidden

(9A)

Passenger
aircraft/rail

30 L ..........

200 kg ......

100 kg ......

60 L ..........
220 L ........
50 kg ........

30 L ..........

50 kg ........

Forbidden

Forbidden

Forbidden

75 kg ........

100 kg ......

5 kg ..........

Forbidden

200 kg ......

100 kg ......

50 kg ........

Forbidden

(9B)

Cargo aircraft only

(9)
Quantity limitations (see
§§ 173.27 and 175.75)

C ...............

A ...............

B ...............

B ...............
A ...............
B ...............

B ...............

E ...............

D ...............

D ...............

D ...............

06 .............

A ...............

B ...............

D ...............

A ...............

A ...............

A ...............

D ...............

(10A)

Location

(10B)

Other

40

78

78

40

40

40, 52

(10)
Vessel
stowage

3360
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Jkt 223001

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G ............

+ .............

+ .............

+ .............

G ............

+ .............

Sfmt 4700

E:\FR\FM\19JAR3.SGM

19JAR3

Zinc ammonium nitrite

Xenon, refrigerated liquid (cryogenic liquids).

Vanadium compound,
n.o.s.

Titanium tetrachloride

Thiophosgene .............

Tetranitromethane .......

Tellurium compound,
solid, n.o.s.

*

*
5.1

2.2

UN1512 ....

UN2591 ....

...................

..................
*

...................

..................

UN1838 ....

UN2474 ....

UN3285 ....

6.1

6.1

UN1510 ....

6.1

*

*

*

6.1

...................

..................
*

...................

..................

UN1834 ....

UN3284 ....

6.1

6.1

*

*

UN1499 ....

5.1

Sodium nitrate and potassium nitrate mixtures.

Sulfuryl chloride ..........

UN1498 ....

5.1

*

Sodium nitrate .............

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*

*
II ...............

*
...................

III ..............

II ...............

*
I ................

*
I ................

*
I ................

*
I ................

III ..............

II ...............

*
I ................

*
I ................

III ..............

*
III ..............

*

*
5.1 ............

*
2.2 ............

6.1 ............

6.1 ............

*
6.1 ............

*
6.1, 8 ........

*
6.1 ............

*
6.1, 5.1 .....

6.1 ............

6.1 ............

*
6.1 ............

*
6.1, 8 ........

5.1 ............

*
5.1 ............

*

*
IB8, IP4, T3, TP33 ......

*
T75, TP5 .....................

IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

*
IB7, IP1, T6, TP33 ......

*
2, B7, B9, B14, B32,
B77, T20, TP2,
TP13, TP38, TP45.

*
2, B9, B14, B32, N33,
N34, T20, TP2,
TP13, TP38, TP45.

*
2, B32, T20, TP2,
TP13, TP38, TP44.

IB8, IP2, IP4, T3,
TP33.
IB8, IP3, T1, TP33 ......

*
IB7, IP1, T6, TP33 ......

*
1, B6, B9, B10, B14,
B30, B77, N34, T22,
TP2, TP13, TP38,
TP44.

*
A1, A29, IB8, IP3, T1,
TP33, W1.
A1, A29, IB8, IP3, T1,
TP33, W1.

*

*
None .........

*
320 ...........

153 ...........

153 ...........

*
None .........

*
None .........

*
None .........

*
None .........

153 ...........

153 ...........

*
None .........

*
None .........

152 ...........

*
152 ...........

212 ...........

None .........

213 ...........

212 ...........

211 ...........

227 ...........

227 ...........

227 ...........

213 ...........

212 ...........

211 ...........

226 ...........

213 ...........

213 ...........

*

*
242 ...........

*
None .........

240 ...........

242 ...........

*
242 ...........

*
244 ...........

*
244 ...........

*
None .........

240 ...........

242 ...........

*
242 ...........

*
244 ...........

240 ...........

*
240 ...........

*

*
5 kg ..........

*
50 kg ........

100 kg ......

25 kg ........

*
5 kg ..........

*
Forbidden

*
Forbidden

*
Forbidden

100 kg ......

25 kg ........

*
5 kg ..........

*
Forbidden

25 kg ........

*
25 kg ........

25 kg ........

500 kg ......

200 kg ......

100 kg ......

50 kg ........

Forbidden

Forbidden

Forbidden

200 kg ......

100 kg ......

50 kg ........

Forbidden

100 kg ......

100 kg ......

E ...............

D ...............

A ...............

B ...............

B ...............

D ...............

D ...............

D ...............

A ...............

B ...............

B ...............

D ...............

A ...............

A ...............

40

40, 52

40, 66

40

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

3361

3362

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

*

*
*
*
*
8. In § 172.102, the following
amendments are made:
■ a. In paragraph (c)(1), special
provisions 77 and 157 are removed;
special provisions 15, 40, 78, 110, 130,
134, 135, 149, 167 and 198 are revised;
and special provisions 340, 342, 343,
345, 346, 347, 349, 350, 351, 352, 353,
and 357 are added;
■ b. In paragraph (c)(2), special
provision A59 is removed and special
provision A112 is added;
■ c. In paragraph (c)(4), Table 1—IB
Codes (IBC Codes) is revised;
■ d. Paragraph (c)(7)(ii) is revised and
entries for ‘‘T9’’ and ‘‘T21’’ in the ‘‘Table
of Portable Tank T Codes T1–T22’’ are
revised;
■ d. In paragraph (c)(8), special
provision TP36 is added; and
■ e. In paragraph (c)(9), special
provision W1 is added.
The revisions and additions read as
follows:
■

§ 172.102

*

Special provisions.

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

*

*

Code/Special Provisions

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*

*
*
*
*
15 This entry applies to ‘‘Chemical
kits’’ and ‘‘First aid kits’’ containing one
or more compatible items of hazardous
materials in boxes, cases, etc. that, for
example, are used for medical,
analytical, diagnostic, testing, or repair
purposes. Kits that are carried on board
transport vehicles for first aid or
operating purposes are not subject to the
requirements of this subchapter.
*
*
*
*
*
40 Polyester resin kits consist of two
components: A base material (Class 3,
Packing Group II or III) and an activator
(organic peroxide), each separately
packed in an inner packaging. The
organic peroxide must be type D, E, or
F, not requiring temperature control.
The components may be placed in the
same outer packaging provided they
will not interact dangerously in the
event of leakage. The Packing Group
assigned will be II or III, according to
the classification criteria for Class 3,
applied to the base material.
Additionally, unless otherwise excepted
in this subchapter, polyester resin kits
must be packaged in specification
combination packagings based on the
performance level of the base material
contained within the kit.
*
*
*
*
*
78 This entry may not be used to
describe compressed air which contains
more than 23.5 percent oxygen.
Compressed air containing greater than

VerDate Mar<15>2010

18:10 Jan 18, 2011

Jkt 223001

23.5 percent oxygen must be shipped
using the description ‘‘Compressed gas,
oxidizing, n.o.s., UN3156.’’
*
*
*
*
*
110 Fire extinguishers transported
under UN1044 and oxygen cylinders
transported for emergency use under
UN1072 may include installed actuating
cartridges (cartridges, power device of
Division 1.4C or 1.4S), without changing
the classification of Division 2.2,
provided the aggregate quantity of
deflagrating (propellant) explosives does
not exceed 3.2 grams per cylinder.
Oxygen cylinders with installed
actuating cartridges as prepared for
transportation must have an effective
means of preventing inadvertent
activation.
*
*
*
*
*
130 ‘‘Batteries, dry, sealed, n.o.s.,’’
commonly referred to as dry batteries,
are hermetically sealed and generally
utilize metals (other than lead) and/or
carbon as electrodes. These batteries are
typically used for portable power
applications. The rechargeable (and
some non-rechargeable) types have
gelled alkaline electrolytes (rather than
acidic) making it difficult for them to
generate hydrogen or oxygen when
overcharged and therefore,
differentiating them from non-spillable
batteries. Dry batteries specifically
covered by another entry in the
§ 172.101 Table must be transported in
accordance with the requirements
applicable to that entry. For example,
nickel-metal hydride batteries
transported by vessel in certain
quantities are covered by another entry
(see Batteries, nickel-metal hydride,
UN3496). Dry batteries not specifically
covered by another entry in the
§ 172.101 Table are covered by this
entry (i.e., Batteries, dry, sealed, n.o.s.)
and are not subject to requirements of
this subchapter except for the following:
(a) Incident reporting. For
transportation by aircraft, a telephone
report in accordance with § 171.15(a) is
required if a fire, violent rupture,
explosion or dangerous evolution of
heat (i.e., an amount of heat sufficient to
be dangerous to packaging or personal
safety to include charring of packaging,
melting of packaging, scorching of
packaging, or other evidence) occurs as
a direct result of a dry battery. For all
modes of transportation, a written report
submitted, retained, and updated in
accordance with § 171.16 is required if
a fire, violent rupture, explosion or
dangerous evolution of heat occurs as a
direct result of a dry battery or batterypowered device.
(b) Preparation for transport. Batteries
and battery-powered device(s)

PO 00000

Frm 00056

Fmt 4701

Sfmt 4700

containing batteries must be prepared
and packaged for transport in a manner
to prevent:
(1) A dangerous evolution of heat;
(2) Short circuits, including but not
limited to the following methods:
(i) Packaging each battery or each
battery-powered device when
practicable, in fully enclosed inner
packagings made of non-conductive
material;
(ii) Separating or packaging batteries
in a manner to prevent contact with
other batteries, devices or conductive
materials (e.g., metal) in the packagings;
or
(iii) Ensuring exposed terminals or
connectors are protected with nonconductive caps, non-conductive tape,
or by other appropriate means; and
(3) Damage to terminals. If not impact
resistant, the outer packaging should not
be used as the sole means of protecting
the battery terminals from damage or
short circuiting. Batteries must be
securely cushioned and packed to
prevent shifting which could loosen
terminal caps or reorient the terminals
to produce short circuits. Batteries
contained in devices must be securely
installed. Terminal protection methods
include but are not limited to the
following:
(i) Securely attaching covers of
sufficient strength to protect the
terminals;
(ii) Packaging the battery in a rigid
plastic packaging; or
(iii) Constructing the battery with
terminals that are recessed or otherwise
protected so that the terminals will not
be subjected to damage if the package is
dropped.
(c) Additional air transport
requirements. For a battery whose
voltage (electrical potential) exceeds 9
volts—
(1) When contained in a device, the
device must be packaged in a manner
that prevents unintentional activation or
must have an independent means of
preventing unintentional activation
(e.g., packaging restricts access to
activation switch, switch caps or locks,
recessed switches, trigger locks,
temperature sensitive circuit breakers,
etc.); and
(2) An indication of compliance with
this special provision must be provided
by marking each package with the
words ‘‘not restricted’’ or by including
the words ‘‘not restricted’’ on a transport
document such as an air waybill
accompanying the shipment.
(d) Used or spent battery exception.
Used or spent dry batteries of both nonrechargeable and rechargeable designs,
with a marked rating up to 9-volt that
are combined in the same package and

E:\FR\FM\19JAR3.SGM

19JAR3

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
transported by highway or rail for
recycling, reconditioning, or disposal
are not subject to this special provision
or any other requirement of the HMR.
Note that batteries utilizing different
chemistries (i.e., those battery
chemistries specifically covered by
another entry in the § 172.101 Table) as
well as dry batteries with a marked
rating greater than 9-volt may not be
combined with used or spent batteries
in the same package. Note also that this
exception does not apply to batteries
that have been reconditioned for reuse.
*
*
*
*
*
134 This entry only applies to
vehicles, machinery and equipment
powered by wet batteries, sodium
batteries, or lithium batteries that are
transported with these batteries
installed. Examples of such items are
electrically-powered cars, lawn mowers,
wheelchairs, and other mobility aids.
Self-propelled vehicles or equipment
that also contain an internal combustion
engine must be consigned under the
entry ‘‘Engine, internal combustion,
flammable gas powered’’ or ‘‘Engine,
internal combustion, flammable liquid
powered’’ or ‘‘Vehicle, flammable gas
powered’’ or ‘‘Vehicle, flammable liquid
powered,’’ as appropriate. These entries
include hybrid electric vehicles
powered by both an internal combustion
engine and batteries. Additionally, selfpropelled vehicles or equipment that
contain a fuel cell engine must be
consigned under the entries ‘‘Engine,
fuel cell, flammable gas powered’’ or
‘‘Engine, fuel cell, flammable liquid
powered’’ or ‘‘Vehicle, fuel cell,
flammable gas powered’’ or ‘‘Vehicle,
fuel cell, flammable liquid powered,’’ as
appropriate. These entries include
hybrid electric vehicles powered by a
fuel cell engine, an internal combustion
engine, and batteries.
135 Internal combustion engines
installed in a vehicle must be consigned
under the entries ‘‘Vehicle, flammable
gas powered’’ or ‘‘Vehicle, flammable
liquid powered,’’ as appropriate. These
entries include hybrid electric vehicles
powered by both an internal combustion
engine and wet, sodium or lithium
batteries installed. If a fuel cell engine
is installed in a vehicle, the vehicle
must be consigned using the entries
‘‘Vehicle, fuel cell, flammable gas
powered’’ or ‘‘Vehicle, fuel cell,
flammable liquid powered,’’ as
appropriate. These entries include
hybrid electric vehicles powered by a
fuel cell, an internal combustion engine,
and wet, sodium or lithium batteries
installed.
*
*
*
*
*

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149 Except for transportation by
aircraft, when transported as a limited
quantity or a consumer commodity, the
maximum net capacity specified in
§ 173.150(b)(2) of this subchapter for
inner packagings may be increased to 5
L (1.3 gallons).
*
*
*
*
*
167 These storage systems must
always be considered as containing
hydrogen. A metal hydride storage
system installed in or intended to be
installed in a vehicle or equipment or in
vehicle or equipment components must
be approved for transport by the
Associate Administrator. A copy of the
approval must accompany each
shipment.
*
*
*
*
*
198 Nitrocellulose solutions
containing not more than 20%
nitrocellulose may be transported as
paint, perfumery products, or printing
ink, as applicable, provided the
nitrocellulose contains no more 12.6%
nitrogen (by dry mass). See UN1210,
UN1263, UN1266, UN3066, UN3469,
and UN3470.
*
*
*
*
*
340 This entry applies only to the
vessel transportation of nickel-metal
hydride batteries as cargo. Nickel-metal
hydride button cells or nickel-metal
hydride cells or batteries packed with or
contained in battery-powered devices
transported by vessel are not subject to
the requirements of this special
provision. See ‘‘Batteries, dry, sealed,
n.o.s.’’ in the § 172.101 Hazardous
Materials Table (HMT) of this part for
transportation requirements for nickelmetal hydride batteries transported by
other modes and for nickel-metal
hydride button cells or nickel-metal
hydride cells or batteries packed with or
contained in battery-powered devices
transported by vessel. Nickel-metal
hydride batteries subject to this special
provision are subject only to the
following requirements: (1) The
batteries must be prepared and
packaged for transport in a manner to
prevent a dangerous evolution of heat,
short circuits, and damage to terminals;
and are subject to the incident reporting
in accordance with § 171.16 of this
subchapter if a fire, violent rupture,
explosion or dangerous evolution of
heat (i.e., an amount of heat sufficient to
be dangerous to packaging or personal
safety to include charring of packaging,
melting of packaging, scorching of
packaging, or other evidence) occurs as
a direct result of a nickel metal hydride
battery; and (2) when loaded in a cargo
transport unit in a total quantity of 100
kg gross mass or more, the shipping
paper requirements of Subpart C of this

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3363

part, the manifest requirements of
§ 176.30 of this subchapter, and the
vessel stowage requirements assigned to
this entry in Column (10) of the
§ 172.101 Hazardous Materials Table.
*
*
*
*
*
342 Glass inner packagings (such as
ampoules or capsules) intended only for
use in sterilization devices, when
containing less than 30 mL of ethylene
oxide per inner packaging with not
more than 300 mL per outer packaging,
may be transported in accordance with
§ 173.4a of this subchapter, irrespective
of the restriction of § 173.4a(b) provided
that:
a. After filling, each glass inner
packaging must be determined to be
leak-tight by placing the glass inner
packaging in a hot water bath at a
temperature and for a period of time
sufficient to ensure that an internal
pressure equal to the vapor pressure of
ethylene oxide at 55 °C is achieved. Any
glass inner packaging showing evidence
of leakage, distortion or other defect
under this test must not be transported
under the terms of this special
provision;
b. In addition to the packaging
required in § 173.4a, each glass inner
packaging must be placed in a sealed
plastic bag compatible with ethylene
oxide and capable of containing the
contents in the event of breakage or
leakage of the glass inner packaging; and
c. Each glass inner packaging is
protected by a means of preventing
puncture of the plastic bag (e.g., sleeves
or cushioning) in the event of damage to
the packaging (e.g., by crushing).
343 A bulk packaging that emits
hydrogen sulfide in sufficient
concentration that vapors evolved from
the crude oil can present an inhalation
hazard must be marked as specified in
§ 172.327of this part.
345 ‘‘Nitrogen, refrigerated liquid
(cryogenic liquid), UN1977’’ transported
in open cryogenic receptacles with a
maximum capacity of 1 L are not subject
to the requirements of this subchapter.
The receptacles must be constructed
with glass double walls having the
space between the walls vacuum
insulated and each receptacle must be
transported in an outer packaging with
sufficient cushioning and absorbent
materials to protect the receptacle from
damage.
346 ‘‘Nitrogen, refrigerated liquid
(cryogenic liquid), UN1977’’ transported
in accordance with the requirements for
open cryogenic receptacles in § 173.320
and this special provision are not
subject to any other requirements of this
subchapter. The receptacle must contain
no hazardous materials other than the

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liquid nitrogen which must be fully
absorbed in a porous material in the
receptacle.
347 Effective July 1, 2011, for
transportation by aircraft, this entry may
only be used if the results of Test series
6(d) of Part I of the UN Manual of Tests
and Criteria (IBR, see § 171.7 of this
subchapter) have demonstrated that any
hazardous effects from accidental
functioning are confined to within the
package. Effective January 1, 2012, for
transportation by vessel, this entry may
only be used if the results of Test Series
6(d) of Part I of the UN Manual of Tests
and Criteria (IBR, see § 171.7 of this
subchapter) have demonstrated that any
hazardous effects from accidental
functioning are confined to within the
package. Effective January 1, 2014, for
transportation domestically by highway
or rail, this entry may only be used if
the results of Test Series 6(d) of Part I
of the UN Manual of Tests and Criteria
(IBR, see § 171.7 of this subchapter)
have demonstrated that any hazardous
effects from accidental functioning are
confined to within the package. Testing
must be performed or witnessed by a
person who is approved by the
Associate Administrator (see § 173.56(b)
of this subchapter). All successfully

conducted tests or reassignment to
another compatibility group require the
issuance of a new or revised approval by
the Associate Administrator prior to
transportation on or after the dates
specified for each authorized mode of
transport in this special provision.
349 Mixtures of hypochlorite with
an ammonium salt are forbidden for
transport. A hypochlorite solution,
UN1791, is a Class 8 corrosive material.
350 Ammonium bromate,
ammonium bromate aqueous solutions,
and mixtures of a bromate with an
ammonium salt are forbidden for
transport.
351 Ammonium chlorate,
ammonium chlorate aqueous solutions,
and mixtures of a chlorate with an
ammonium salt are forbidden for
transport.
352 Ammonium chlorite,
ammonium chlorite aqueous solutions,
and mixtures of a chlorite with an
ammonium salt are forbidden for
transport.
353 Ammonium permanganate,
ammonium permanganate aqueous
solutions, and mixtures of a
permanganate with an ammonium salt
are forbidden for transport.
357 A bulk packaging that emits
hydrogen sulfide in sufficient

concentration that vapors evolved from
the crude oil can present an inhalation
hazard must be marked as specified in
§ 172.327 of this part.
(2) * * *
Code/Special Provisions
*

*
*
*
*
A112 Notwithstanding the quantity
limits shown in Column (9A) and (9B)
for this entry, the following IBCs are
authorized for transportation aboard
passenger and cargo-only aircraft. Each
IBC may not exceed a maximum net
quantity of 1,000 kg:
a. Metal: 11A, 11B, 11N, 21A, 21B and
21N
b. Rigid plastics: 11H1, 11H2, 21H1
and 21H2
c. Composite with plastic inner
receptacle: 11HZ1, 11HZ2, 21HZ1 and
21HZ2
d. Fiberboard: 11G
e. Wooden: 11C, 11D and 11F (with
inner liners)
f. Flexible: 13H2, 13H3, 13H4, 13H5,
13L2, 13L3, 13L4, 13M1 and 13M2
(flexible IBCs must be sift-proof and
water resistant or must be fitted with a
sift-proof and water resistant liner).
*
*
*
*
*
(4) * * *

TABLE 1—IB CODES (IBC CODES)
IBC code

Authorized IBCs

IB1 ....................

Authorized IBCs: Metal (31A, 31B and 31N).
Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130
kPa at 55 °C (1.3 bar at 131 °F) are authorized.
Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1).
Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130
kPa at 55 °C (1.3 bar at 131 °F) are authorized.
Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1 and 31HA2, 31HB2, 31HN2,
31HD2 and 31HH2).
Additional Requirement: Only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F), or 130
kPa at 55 °C (1.3 bar at 131 °F) are authorized, except for UN2672 (also see Special Provision IP8 in Table 2 for UN2672).
Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N).
Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2);
Composite (11HZ1, 21HZ1 and 31HZ1).
Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2);
Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2).
Additional Requirement: Composite IBCs 11HZ2 and 21HZ2 may not be used when the hazardous materials being transported may become liquid during transport.
Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2);
Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2); Wooden (11C, 11D and 11F).
Additional Requirement: Liners of wooden IBCs must be sift-proof.
Authorized IBCs: Metal (11A, 11B, 11N, 21A, 21B and 21N); Rigid plastics (11H1, 11H2, 21H1, 21H2, 31H1 and 31H2);
Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1 and 31HZ2); Fiberboard (11G); Wooden (11C, 11D and 11F); Flexible
(13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 13M1 or 13M2).
IBCs are only authorized if approved by the Associate Administrator.

IB2 ....................
IB3 ....................

IB4 ....................
IB5 ....................
IB6 ....................

IB7 ....................

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IB8 ....................
IB9 ....................

*

*
*
*
*
(7) * * *
(ii) The following table specifies the
portable tank requirements applicable to
‘‘T’’ Codes T1 through T22. Column 1
specifies the ‘‘T’’ Code. Column 2
specifies the minimum test pressure, in

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bar (1 bar = 14.5 psig), at which the
periodic hydrostatic testing required by
§ 180.605 of this subchapter must be
conducted. Column 3 specifies the
section reference for minimum shell
thickness or, alternatively, the
minimum shell thickness value. Column

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4 specifies the applicability of
§ 178.275(g)(3) of this subchapter for the
pressure relief devices. When the word
‘‘Normal’’ is indicated, § 178.275(g)(3) of
this subchapter does not apply. Column
5 references applicable requirements for
bottom openings in part 178 of this

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subchapter. ‘‘Prohibited’’ means bottom
openings are prohibited, and
‘‘Prohibited for liquids’’ means bottom

openings are authorized for solid
material only. The table follows:

TABLE OF PORTABLE TANK T CODES T1–T22
[Portable tank codes T1–T22 apply to liquid and solid hazardous materials of Classes 3 through 9 which are transported in portable tanks.]

Portable tank instruction

Minimum test
pressure
(bar)

Minimum shell
thickness
(in mm-reference steel)
(See
§ 178.274(d))

Pressure relief requirements
(See § 178.275(g))

Bottom opening requirements
(See § 178.275(d))

(1)

(2)

(3)

(4)

(5)

*
6 mm ................

*
*
Normal ......................................................

*
T9 .....................

*

*
.
T21 ...................

*

4

10

*

*

*
10 mm ..............

*

*
*
(8) * * *

*

*
*
*
*
TP36 For material assigned this
portable tank special provision, portable
tanks used to transport such material
may be equipped with fusible elements
in the vapor space of the portable tank.
*
*
*
*
*
(9) * * *
Code/Special Provisions
W1 This substance in a non friable
prill or granule form is not subject to the
requirements of this subchapter when
tested in accordance with the UN
Manual of Test and Criteria (IBR, see
§ 171.7 of this subchapter) and is found
to not meet the definition or criteria for
inclusion in Division 5.1.
*
*
*
*
*
■ 9. In § 172.200, paragraph (b)(3) is
revised to read as follows:
Applicability.

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*

*
*
*
*
(b) * * *
(3) A limited quantity package unless
the material is offered or intended for
transportation by air or vessel and, until
December 31, 2013, a package of ORM–
D material authorized by this
subchapter in effect on October 1, 2010
when offered for transportation by
highway or rail.
*
*
*
*
*
■ 10. In § 172.203, paragraph (b) is
revised to read as follows:

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*
*
*
*
(b) Limited quantities. When a
shipping paper is required by this
subchapter, the description for a
material offered for transportation as
‘‘limited quantity,’’ as authorized by this
subchapter, must include the words
‘‘Limited Quantity’’ or ‘‘Ltd Qty’’
following the basic description.
*
*
*
*
*
■ 11. In § 172.300, paragraph (c) is
added to read as follows:
§ 172.300

Applicability.

*

*
*
*
*
(c) Unless otherwise provided in a
specific rule, stocks of preprinted
packagings marked in accordance with
this subpart prior to the effective date of
a final rule may be continued in use, in
the manner previously authorized, until
depleted or for a one-year period
subsequent to the compliance date of
the marking amendment, whichever is
less.
■ 12. In § 172.301, paragraph (a)(1) is
revised to read as follows:
§ 172.301 General marking requirements
for non-bulk packagings.

(a) Proper shipping name and
identification number. (1) Except as
otherwise provided by this subchapter,
each person who offers a hazardous
material for transportation in a non-bulk
packaging must mark the package with
the proper shipping name and
identification number (preceded by
‘‘UN’’, ‘‘NA’’ or ‘‘ID,’’ as appropriate) for

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*

*

Prohibited for liquids.
§ 178.275(d)(2)

*

*

*

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*

§ 172.203 Additional description
requirements.

*

*

*

Normal ......................................................

*

Code/Special Provisions

§ 172.200

*

*
Prohibited for liquids.
§ 178.275(d)(2)

Sfmt 4700

*

*

the material as shown in the § 172.101
Table.
*
*
*
*
*
■ 13. In § 172.312, paragraph (c)(5) is
revised to read as follows:
§ 172.312 Liquid hazardous materials in
non-bulk packagings.

*

*
*
*
*
(c) * * *
(5) A non-bulk package with
hermetically sealed inner packagings
not exceeding 500 mL each.
*
*
*
*
*
■ 14. Section 172.315 is revised to read
as follows:
§ 172.315

Limited quantities.

(a) Except for transportation by
aircraft or as otherwise provided in this
subchapter, a package containing a
limited quantity of hazardous material
is not required to be marked with the
proper shipping name and identification
(ID) number when marked in
accordance with the white square-onpoint limited quantity marking as
follows:
(1) The limited quantity marking must
be durable, legible and of a size relative
to the package that is readily visible.
The marking must be applied on at least
one side or one end of the outer
packaging. The width of the border
forming the square-on-point must be at
least 2 mm and the minimum
dimension of each side must be 100 mm
unless the package size requires a
reduced size marking that must be no
less than 50 mm on each side. When
intended for transportation by vessel, a
cargo transport unit (see § 176.2 of this

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19JAR3

subchapter) containing only limited
quantity material must be suitably
marked on one side or end of the
exterior of the unit with an identical

mark except that it must have minimum
dimensions of 250 mm on each side.
(2) The top and bottom portions of the
square-on-point and the border forming

the square-on-point must be black and
the center white or of a suitable
contrasting background as follows:

(b) For transportation by aircraft, a
limited quantity package conforming to
Table 3 of § 173.27(f) of this subchapter
must be marked as follows:
(1) The marking must be durable,
legible and of a size relative to the
package as to be readily visible. The
marking must be applied on at least one

side or one end of the outer packaging.
The width of the border forming the
square-on-point must be at least 2 mm
and the minimum dimension of each
side must be 100 mm unless the package
size requires a reduced size marking
that must be no less than 50 mm on
each side.

(2) The top and bottom portions of the
square-on-point and the border forming
the square-on-point must be black and
the center white or of a suitable
contrasting background and the symbol
‘‘Y’’ must be black and located in the
center of the square-on-point and be
clearly visible as follows:

(c) As applicable, package markings
required by this subpart (e.g., technical
name, ‘‘RQ’’) must be in association with
the marking required by paragraph (a) or
(b) of this section.
(d) Transitional exception. Except for
transportation by aircraft, until

December 31, 2013, a package properly
marked in accordance with § 172.316 is
not required to be marked with the
limited quantity marking required by
this section. For transportation by
aircraft, until December 31, 2012, a
package properly marked in accordance

with § 172.316 is not required to be
marked with the limited quantity
marking required by this section.
■ 15. In § 172.316, paragraphs (a)(1) and
(2) are revised to read as follows:

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
§ 172.324 Hazardous substances in nonbulk packagings.

(a) * * *
(1) Until December 31, 2012, ORM–D–
AIR for an ORM–D that is prepared for
air shipment and packaged in
accordance with §§ 173.63, 173.150
through 173.155, 173.306 and the
applicable requirements in § 173.27.
(2) Until December 31, 2013, ORM–D
for an ORM–D that is packaged in
accordance with §§ 173.63, 173.150
through 173.155 and 173.306.
*
*
*
*
*
■ 16. In § 172.322, paragraph (d)(4) is
added to read as follows:

*

§ 172.322

Marine pollutants.

*
*
*
*
(d) * * *
(4) On a package of limited quantity
material marked in accordance with
§ 172.315 of this part.
*
*
*
*
*
■ 17. In § 172.324,
■ a. The first sentence in paragraph (a)
is revised;
■ b. Paragraph (b) is revised; and
■ c. Paragraph (c) is added.
The revisions and addition read as
follows:

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*

(c) As an alternative to the marking
required in (a) and (b) of this section, a
label, tag, or sign may be displayed at
each location (e.g., manhole, loading
head) where exposure to hydrogen
sulfide vapors may occur. The label, tag,
or sign must be durable, in English, and
printed legibly and of a size relative to
the package with a warning statement
such as ‘‘Danger, Possible Hydrogen
Sulfide Inhalation Hazard’’ to
communicate the possible risk of

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*
*
*
*
(a) Except for packages of radioactive
material labeled in accordance with
§ 172.403, if the proper shipping name
of a material that is a hazardous
substance does not identify the
hazardous substance by name, the name
of the hazardous substance must be
marked on the package, in parentheses,
in association with the proper shipping
name. * * *
(b) The letters ‘‘RQ’’ must be marked
on the package in association with the
proper shipping name.
(c) A package of limited quantity
material marked in accordance with
§ 172.315 must also be marked in
accordance with the applicable
requirements of this section.
■ 18. In § 172.326, in paragraph (a), a
second sentence is added to read as
follows:
§ 172.326

Portable tanks.

(a) Shipping name. * * * For
transportation by vessel, the minimum
height for a proper shipping name
marked on a portable tank is 65 mm (2.5
inches).
*
*
*
*
*

exposure to harmful concentrations of
hydrogen sulfide gas.
■ 20. In § 172.500, paragraph (b)(3) is
revised to read as follows:
§ 172.500 Applicability of placarding
requirements.

*

*
*
*
*
(b) * * *
(3) Hazardous materials authorized by
this subchapter to be offered for
transportation as a limited quantity
when identified as such on a shipping

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19. In Subpart D, § 172.327 is added
to read as follows:

■

§ 172.327 Petroleum sour crude oil in bulk
packaging.

A Bulk packaging used to transport
petroleum crude oil containing
hydrogen sulfide (i.e., sour crude oil) in
sufficient concentration that vapors
evolved from the crude oil may present
an inhalation hazard must include a
marking, label, tag, or sign to warn of
the toxic hazard as follows:
(a) The marking must be durable,
legible and of a size relative to the
package as to be readily visible and
similar to the illustration shown in this
paragraph with the minimum
dimension of each side of the marking
at least 100 mm (3.9 inches). The width
of the border forming the square-onpoint marking must be at least 5 mm.
The marking must be displayed at each
location (e.g., manhole, loading head)
where exposure to hydrogen sulfide
vapors may occur.
(b) The border of the square-on-point
must be black or red on a white or other
suitable contrasting background. The
symbol must be black and located in the
center of the square-on-point and be
clearly visible as follows:

paper in accordance with § 172.203(b)
or when marked as such in accordance
with § 172.315.
■ 21. In § 172.502, paragraph (b)(2) is
revised to read as follows:
§ 172.502 Prohibited and permissive
placarding.

*

*
*
*
*
(b) * * *
(2) The restrictions of paragraph (a) of
this section do not apply to the display
of a BIOHAZARD marking, a ‘‘HOT’’

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§ 172.316 Packagings containing materials
classed as ORM–D.

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marking, a sour crude oil hazard
marking, or an identification number on
a white square-on-point configuration in
accordance with §§ 172.323(c),
172.325(c), 172.327(a), or 172.336(b) of
this part, respectively.
*
*
*
*
*
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
22. The authority citation for part 173
continues to read as follows:

■

Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.45, 1.53.

23. In § 173.4, paragraphs (a)
introductory text and (c) are revised and
paragraph (a)(1)(v) is added to read as
follows:

■

§ 173.4
rail.

Small quantities for highway and

(a) When transported domestically by
highway or rail in conformance with
this section, quantities of Division 2.2
(except aerosols with no subsidiary
hazard), Class 3, Division 4.1, Division
4.2 (PG II and III), Division 4.3 (PG II
and III), Division 5.1, Division 5.2,
Division 6.1, Class 7, Class 8, and Class
9 materials are not subject to any other
requirements when—
(1) * * *
(v) Thirty (30) mL water capacity (1.8
cubic inches) for authorized Division
2.2 materials.
*
*
*
*
*
(c) Packages which contain a Class 2
(other than those authorized in
paragraph (a) of this section), Division
4.2 (PG I), or Division 4.3 (PG I) material
conforming to paragraphs (a)(1) through
(10) of this section may be offered for
transportation or transported if
approved by the Associate
Administrator.
*
*
*
*
*
■ 24. In § 173.4a, paragraphs (a)(4) and
(g)(3) are added and paragraphs (b)(1),
(b)(5), and (d)(3) are revised to read as
follows:

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§ 173.4a

Excepted quantities.

(a) * * *
(4) Packagings for which retention of
liquid is a basic function must be
capable of withstanding without leakage
the pressure differential specified in
§ 173.27(c) of this part.
(b) * * *
(1) Division 2.2 material with no
subsidiary hazard. An aerosol is not
included as authorized Division 2.2
material;
*
*
*
*
*

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18:10 Jan 18, 2011

Jkt 223001

(5) Division 5.2 materials only when
contained in a chemical kit, first aid kit
or a polyester resin kit;
*
*
*
*
*
(d) * * *
(3) For Division 5.2 material, 500 g
(1.1 pounds) for solids or 500 mL (0.1
gallons) for liquids.
*
*
*
*
*
(g) * * *
(3) When packages of excepted
quantities are contained in an overpack,
and the package marking required by
this section is not visible inside the
overpack, the excepted quantities
marking must also be placed on the
overpack. Additionally, an overpack
containing packages of excepted
quantities is not required to be marked
with the word ‘‘OVERPACK.’’
*
*
*
*
*
■ 25. In § 173.4b, paragraph (b) is added
to read as follows:
§ 173.4b

De minimis exceptions.

*

*
*
*
*
(b) Non-infectious specimens, such as
specimens of mammals, birds,
amphibians, reptiles, fish, insects and
other invertebrates containing small
quantities of Ethanol (UN1170),
Formaldehyde solution, flammable
(UN1198), Alcohols, n.o.s. (UN1987)
and Isopropanol (UN1219) are not
subject to the requirements of this
subchapter provided the following
packaging, marking and documentation
provisions, as applicable, are met:
(1) The specimens are:
(i) Wrapped in a paper towel or
cheesecloth moistened with alcohol or
an alcohol solution and placed in a
plastic bag that is heat-sealed. Any free
liquid in the bag must not exceed 30
mL; or
(ii) Placed in vials or other rigid
containers with no more than 30 mL of
alcohol or alcohol solution. The
containers are placed in a plastic bag
that is heat-sealed;
(2) The bagged specimens are placed
in another plastic bag with sufficient
absorbent material to absorb the entire
liquid contents inside the primary
receptacle. The outer plastic bag is then
heat-sealed;
(3) The completed bag is placed in a
strong outer packaging with sufficient
cushioning material that conforms to
subpart B of part 173;
(4) The aggregate net quantity of
flammable liquid in one outer packaging
may not exceed 1 L; and
(5) The outer package must be legibly
marked ‘‘Scientific research specimens,
49 CFR 173.4b applies.’’
(6) Documentation. (i) For
transportation by highway or rail, no
shipping paper is required.

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(ii) For transport by air, a shipping
paper is not required, except that, if a
document such as an air waybill
accompanies a shipment of specimens
containing hazardous materials
excepted under the terms of this section,
the document must include the
statement ‘‘Scientific research
specimens, 49 CFR 173.4b applies’’ and
the number of packages indicated.
(iii) For transport by vessel, a
shipping paper is not required;
however, the Dangerous Cargo Manifest
must include the statement ‘‘Scientific
research specimens, 49 CFR 173.4b
applies’’ and the number of packages
indicated. Vessel stowage is the same as
for hazardous materials in excepted
quantities.
(7) Training. Each person who offers
or transports excepted quantities of
hazardous materials must know about
the requirements of this section.
(8) Restrictions. For transportation by
aircraft, hazardous material packaged in
accordance with this section may not be
carried in checked or carry-on baggage
by a passenger or crew member.
■ 26. In § 173.25, paragraph (a)(6) is
added to read as follows:
§ 173.25 Authorized packagings and
overpacks.

(a) * * *
(6) Where packages of limited
quantity materials are overpacked and,
until December 31, 2012 or December
31, 2013, packages bearing the ORM–D
AIR or ORM–D marking, respectively,
must be marked ‘‘OVERPACK’’ unless all
marking required by this section are
visible. Where packages of excepted
quantities (see § 173.4a of this part) are
overpacked and all required markings
are not visible through the overpack,
they must be repeated on the overpack.
An overpack containing packages of
excepted quantities is not required to be
marked ‘‘OVERPACK.’’
*
*
*
*
*
■ 27. In § 173.27, remove paragraph (f)
introductory text and add paragraphs
(f)(1) through (3) and table 3 to read as
follows:
§ 173.27 General requirements for
transportation by aircraft.

*

*
*
*
*
(f) Combination packagings. (1)
Excepted quantities. For authorized
materials and inner and outer package
quantity limits for combination
packages of excepted quantities
intended for transportation by aircraft,
see § 173.4a of this part. Unless
otherwise specified in this part, or in
Subpart C of part 171 of this subchapter,
when combination packagings are
intended for transportation aboard an

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
aircraft, inner packagings must conform
to the quantity limitations set forth in
table 1 of this paragraph for transport
aboard passenger-carrying aircraft and
table 2 of this paragraph for transport
aboard cargo-only aircraft.
(2) Limited quantities. (i) Unless
otherwise specified in this part, or in
Subpart C of Part 171 of this subchapter,
when a limited quantity of authorized
hazardous material packaged in a
combination packaging is intended for
transportation aboard an aircraft, the
inner packagings must conform to the
quantity limitations set forth in table 3
of this paragraph. Materials must be
authorized for transportation aboard a
passenger-carrying aircraft (see Column
(9A) of the § 172.101 Hazardous
Materials Table). Substances or articles
not authorized as limited quantity by
aircraft are:
(A) Those in Packing Group I;
(B) Class 1 (explosive) and Class 7
(radioactive) material;
(C) Divisions 2.1 (flammable gas)
(except Aerosols (UN1950) and
Receptacles, small (UN2037) without
subsidiary risk) and Division 2.3 (toxic
gas);
(D) Divisions 4.1 (self-reactive), 4.2
(spontaneously combustible) (primary

or subsidiary risk), and 4.3 (dangerous
when wet) (liquids);
(E) Division 5.2 (organic peroxide)
(except when contained in a Chemical
or First aid kit (UN3316) or Polyester
resin kit (UN3269) (Types D, E and F
non-temperature controlled only));
(F) Class 8 (corrosive) materials
UN2794, UN2795, UN2803, UN2809,
3028; and
(G) All Class 9 (miscellaneous)
materials except for UN1941, UN1990,
UN2071, UN3077, UN3082, UN3316.
(ii) Effective January 1, 2012, packages
must be marked with the limited
quantity ‘‘Y’’ mark as prescribed in
§ 172.315 of this part when conforming
to Table 3 of this paragraph. Until
December 31, 2012, a package may
instead be marked with the proper
shipping name ‘‘Consumer commodity’’
and ‘‘ORM–D–AIR’’ (including
‘‘Charcoal, NA1361) if it contains a
consumer commodity, as authorized by
this subchapter in effect on October 1,
2010.
(iii) Strong outer packagings are
required and a completed package may
not exceed 30 kg (66 lbs) gross weight.
(iv) A secondary means of closure
required for all liquids contained in
inner packagings. If this requirement

3369

cannot be satisfied, the use of an
intermediate and leakproof form of
containment, such as a liner, is
required.
(v) Packages must be capable of
passing a 1.2 m drop test on to a rigid,
non-resilient, flat and horizontal
surface, in the position most likely to
cause damage. The criteria for passing
the test is that the outer packaging must
not exhibit any damage affecting safety
in transport and there must be no
leakage from the inner packagings.
(vi) Each package must be capable of
withstanding, without breakage or
leakage of any inner packaging, a force
applied to the top surface for a duration
of 24 hours equivalent to the total
weight of identical packages if stacked
to a height of 3 m (including the test
sample).
(vii) Except for UN3082, inner
packagings of combination packagings
containing liquids must be capable of
passing the appropriate pressure
differential test prescribed in paragraph
(c) of this section.
(3) The tables are as follows:
*
*
*
*
*

TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING FOR MATERIALS AUTHORIZED FOR TRANSPORTATION AS
LIMITED QUANTITY BY AIRCRAFT
Maximum authorized net
quantity of each inner packaging
Hazard class or
division

Metal or
plastic inner packagings

Glass, earthenware or
fiber inner packagings

Class 1 .......................
Class 2 .......................

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Class 3 .......................

Division 4.1 (does not
include self-reactive
material).

VerDate Mar<15>2010

Maximum authorized
net quantity of each
outer package

30 kg Gross ...............

PG I: Forbidden.
PG II: 0.5L .................

PG II: 0.5L .................

PG II: 1L* ...................

PG III: 2.5L* ...............
*Corrosive subsidiary
risk (e.g., UN2924)
or toxic (e.g.,
UN1992) is 1L.
PG I: Forbidden.

PG III: 5.0L* ...............
*Corrosive subsidiary
risk (e.g., UN2924)
or toxic (e.g.,
UN1992) is 1L.

PG III: 10L* ................

PG II: 0.5 kg ..............

PG II: 0.5 kg ..............

PG II: 5 kg* ................

PG III: 1 kg ................

PG III: 1 kg ................

PG III: 10 kg* .............

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Notes

Forbidden. See § 173.63.
Authorized materials: Aerosols (UN1950) in
Divisions 2.1 and 2.2, and Receptacles,
small (UN2037) in Divisions 2.1 and 2.2
without subsidiary risk and Fuel cells cartridges (UN3478, UN3479), see § 173.230
of this part.
*Maximum net quantity per outer package
with corrosive subsidiary risk (e.g.,
UN2924, UN3286) is 0.5L. For Class 3
materials contained in a Polyester resin kit
(UN3269), see § 173.165 of this part. For
Fuel cell cartridges containing flammable
liquids (UN3473), see § 173.230 of this
part.
*Maximum net quantity per outer package
with corrosive subsidiary risk (e.g.,
UN2924) is 1L and toxic subsidiary risk
(e.g., UN1992) is 2L.

*Maximum net quantity per outer package
with toxic subsidiary risk (e.g., UN3179) is
1 kg.
*Maximum net quantity per outer package
with corrosive subsidiary risk (e.g.,
UN3180) is 5 kg.

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3370

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING FOR MATERIALS AUTHORIZED FOR TRANSPORTATION AS
LIMITED QUANTITY BY AIRCRAFT—Continued
Maximum authorized net
quantity of each inner packaging
Hazard class or
division

Glass, earthenware or
fiber inner packagings

Maximum authorized
net quantity of each
outer package

Notes

Division 4.2 (Primary
or subsidiary).

Forbidden* .................

...............................

25 kg (net mass)* ......

*Until December 31, 2012, Charcoal
(NA1361), PG III, may be transported as a
limited quantity and may be renamed Consumer commodity and reclassed ORM–D–
AIR, if eligible.

Division 4.3 (solid material only).

PG I solids and all liquids regardless of
Packing Group: Forbidden.
PG II: 0.5 kg ..............

PG II: 0.5 kg ..............

PG II: 5 kg* ................

PG III: 1 kg ................

PG III: 1 kg ................

PG III: 10 kg* .............

*Maximum net quantity per outer package
with toxic subsidiary risk (e.g., UN3134) is
1 kg. For fuel cell cartridges containing
water reactive substances (UN3476), see
§ 173.230 of this part.
*Maximum net quantity per outer package
with corrosive or flammable subsidiary risk
(e.g., UN3131 or UN3132, respectively) is
5 kg.

PG II: 0.1L .................

PG II: 0.1L .................

PG II: 0.5L.

PG III: 0.5L ................
PG II: 0.5 kg ..............

PGIII: 0.5L ..................
PG II: 0.5 kg ..............

PG III: 1.0L.
PG II: 2.5 kg* .............

PG III: 1.0 kg .............

PG III: 1.0 kg .............

PG III: 10 kg* .............

Division 5.2 (liquid
material).

30 mL .........................

30 mL .........................

1 kg ............................

Division 5.2 (solid material).
Division 6.1 ................

100g ...........................

100g ...........................

1 kg.

PG I (Inhalation or
otherwise): Forbidden.
PG II: 0.1L .................

PG II: 0.1L .................

PG II: 1.0L* ................

PG III: 0.5L ................
PG II: 0.5 kg ..............

PGIII: 0.5L ..................
PG II: 0.5 kg ..............

PG III: 2.0L.
PG II: 1.0 kg.

PG III: 1.0 kg .............
Forbidden.
PG I: Forbidden.
PG II: 0.1L .................

PG III: 1.0 kg .............

PG III: 10 kg.

PG II: 0.1L .................

PG II: 0.5L .................

PG III: 0.5L ................
PG II: 0.5 kg ..............

PGIII: 0.5L ..................
PG II: 0.5 kg ..............

PG III: 1.0L.
PG II: 5.0 kg* .............

PG III: 1.0 kg .............
30 mL (UN3316); 5.0L
(UN1941, UN1990,
UN3082) 100 g
(UN3316); 5.0 kg
(UN2071, UN3077).

PG III: 1.0 kg .............
30 mL (UN3316); 5.0L
(UN1941, UN1990,
UN3082) 100 g
(UN3316); 5.0 kg
(UN2071, UN3077).

PG III: 5.0 kg.
1 kg (UN3316); 30 kg
(all other authorized
Class 9 material).

Division 5.1 (Liquid or
solid material).
Division 5.1 (liquid
material).
Division 5.1 (solid material).

Division 6.1 (liquid
material).

Division 6.1 (solid material).
Class 7 .......................
Class 8 .......................
Class 8 (liquid material).

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

Metal or
plastic inner packagings

Class 8 (solid material).

Class 9 (liquid material).

VerDate Mar<15>2010

PG I: Forbidden.

20:23 Jan 18, 2011

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*Maximum net quantity per outer package
with toxic subsidiary risk (e.g., UN3087) is
1 kg.
*Maximum net quantity per outer package
with corrosive subsidiary risk (e.g.,
UN3085) is 1 kg.
Authorized materials: Types D, E and F are
authorized only as part of a Chemical or
First aid kit (UN3316) in accordance with
§ 173.161 of this part or a Polyester resin
kit (UN3269) in accordance with § 173.165
of this part.

*Maximum net quantity per outer package
with corrosive subsidiary risk (e.g.,
UN3289) is 0.5L.

For ‘‘Fuel cell cartridges containing corrosive
substances’’ (UN3477), see
§ 173.230 of this part.
*Maximum net quantity per outer package for
UN2430 is 1.0 kg. UN2794, UN2795,
UN2803, UN2809, UN3028 are not authorized as limited quantity.
Authorized materials: UN1941, UN1990,
UN2071, UN3077, UN3082, and UN3316
only. Additionally, Consumer commodity
(ID8000) in accordance with § 173.167 of
this part and Chemical kit or First aid kit
(UN3316) in accordance with § 173.161of
this part are authorized.

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

3371

TABLE 3—MAXIMUM NET QUANTITY OF EACH INNER PACKAGING FOR MATERIALS AUTHORIZED FOR TRANSPORTATION AS
LIMITED QUANTITY BY AIRCRAFT—Continued
Maximum authorized net
quantity of each inner packaging
Hazard class or
division

Class 9 (solid material).

Glass, earthenware or
fiber inner packagings
100 g (UN3316); 5.0
kg (UN2071,
UN3077).

*

*
*
*
*
28. In § 173.40, in paragraph (c)(1), a
second sentence is added to read as
follows:

■

§ 173.40 General packaging requirements
for toxic materials packaged in cylinders.

*

*
*
*
*
(c) * * *
(1) * * * For UN pressure
receptacles, each valve must be capable
of withstanding the test pressure of the
pressure receptacle and be connected
directly to the pressure receptacle by
either a taper thread or other means
which meets the requirements of ISO
10692–2: (IBR, see § 171.7 of this
subchapter).
*
*
*
*
*
■ 29. In § 173.58, paragraph (a)(5) is
revised to read as follows:
§ 173.58 Assignment of class and division
for new explosives.

(a) * * *
(5) Division 1.4 Compatibility Group
S (1.4S) if the hazardous effects are
confined within the package or the blast
and projection effects do not
significantly hinder emergency response
efforts. The UN Test Type 6(d) is used
to determine whether a Division 1.4S
classification is appropriate for an item
assigned a proper shipping name to
which special provision 347 (see
§ 172.102 of this subchapter) applies; or
*
*
*
*
*
■ 30. In § 173.59, a definition for
‘‘Phlegmatized’’ is added in alphabetical
order to read as follows:
§ 173.59 Description of terms for
explosives.

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*

*
*
*
*
Phlegmatized. The term means that a
substance (or ‘‘phlegmatizer’’) has been
added to an explosive to enhance its
safety in handling and transport. The
phlegmatizer renders the explosive
insensitive, or less sensitive, to the
following actions: heat, shock, impact,
percussion or friction. Typical
phlegmatizing agents include, but are
not limited to: wax, paper, water,
polymers (such as

VerDate Mar<15>2010

Metal or
plastic inner packagings

18:10 Jan 18, 2011

Jkt 223001

Maximum authorized
net quantity of each
outer package

Notes

100 g (UN3316); 5.0
kg (UN2071,
UN3077).

chlorofluoropolymers), alcohol and oils
(such as petroleum jelly and paraffin).
*
*
*
*
*
■ 31. In § 173.63, paragraph (b) is
revised to read as follows:
§ 173.63

Packaging exceptions.

*

*
*
*
*
(b) Limited quantities of Cartridges,
small arms, and cartridges power
devices. (1)(i) Cartridges, small arms,
and Cartridges power device (used to
project fastening devices), that have
been classed as Division 1.4S explosive
may be offered for transportation and
transported as limited quantities when
packaged in accordance with paragraph
(b)(2) of this section. For transportation
by aircraft, the package must conform to
the applicable requirements of § 173.27
of this part and, effective July 1, 2011,
Cartridge, power devices must be
successfully tested under the UN Test
Series 6(d) criteria for reclassification as
limited quantity material. Effective
January 1, 2012, Cartridge, power
devices must be successfully tested
under the UN Test Series 6(d) criteria
for reclassification as limited quantity
material for transportation by highway,
rail or vessel. Packages containing such
articles must be marked as prescribed in
§ 172.315. Packages containing such
articles are not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel. Additionally, packages
containing these articles are excepted
from the requirements of subparts E
(Labeling) and F (Placarding) of part 172
of this subchapter.
(ii) Until December 31, 2012, a
package containing such articles may be
marked with the proper shipping name
‘‘Cartridges, small arms’’ or ‘‘Cartridges,
power device (used to project fastening
devices)’’ and reclassed as ‘‘ORM–D–
AIR’’ material if it contains properly
packaged articles as authorized by this
subchapter on October 1, 2010.
Additionally, for transportation by

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aircraft, Cartridge, power devices must
be successfully tested under the UN
Test Series 6(d) criteria for
reclassification as ORM–D–AIR material
effective July 1, 2011. Until December
31, 2013, a package containing such
articles may be marked with the proper
shipping name ‘‘Cartridges, small arms’’
or ‘‘Cartridges, power device (used to
project fastening devices)’’ and reclassed
as ‘‘ORM–D’’ material if it contains
properly packaged articles as authorized
by this subchapter on October 1, 2010.
(iii) Cartridges, small arms and
Cartridges power devices that may be
shipped as a limited quantity or ORM–
D material are as follows:
(A) Ammunition for rifle, pistol or
shotgun;
(B) Ammunition with inert projectiles
or blank ammunition;
(C) Ammunition having no tear gas,
incendiary, or detonating explosive
projectiles;
(D) Ammunition not exceeding 12.7
mm (50 caliber or 0.5 inch) for rifle or
pistol, cartridges or 8 gauge for
shotshells; and
(E) Cartridges, power devices which
are used to project fastening devices.
(2) Packaging for Cartridges, small
arms and eligible Cartridge, power
devices as limited quantity or ORM–D
material must be as follows:
(i) Ammunition must be packed in
inside boxes, or in partitions which fit
snugly in the outside packaging, or in
metal clips;
(ii) Primers must be protected from
accidental initiation;
(iii) Inside boxes, partitions or metal
clips must be packed in securely-closed
strong outside packagings;
(iv) Maximum gross weight is limited
to 30 kg (66 pounds) per package; and
(v) Cartridges, power devices which
are used to project fastening devices and
22 caliber rim-fire cartridges may be
packaged loose in strong outside
packagings.
*
*
*
*
*
■ 32. In § 173.120, paragraphs (c)(1)(i)
and (ii) are revised to read as follows:

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3372
§ 173.120

Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
Class 3—Definitions.

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*

*
*
*
*
(c) * * *
(1) * * *
(i) For a homogeneous, single-phase,
liquid having a viscosity less than 45
S.U.S. at 38 °C (100 °F) that does not
form a surface film while under test, one
of the following test procedures shall be
used:
(A) Standard Method of Test for Flash
Point by Tag Closed Cup Tester, (ASTM
D 56) (IBR; see § 171.7 of this
subchapter);
(B) Standard Test Methods for Flash
Point of Liquids by Small Scale ClosedCup Apparatus, (ASTM D 3278) (IBR;
see § 171.7 of this subchapter); or
(C) Standard Test Methods for Flash
Point by Small Scale Closed Tester,
(ASTM D 3828) (IBR; see § 171.7 of this
subchapter).
(ii) For a liquid other than one
meeting all the criteria of paragraph
(c)(1)(i) of this section, one of the
following test procedures must be used:
(A) Standard Test Methods for Flash
Point by Pensky-Martens Closed Cup
Tester, (ASTM D 93) (IBR; see § 171.7 of
this subchapter). For cutback asphalt,
use Method B of ASTM D 93 or
alternative tests authorized in this
standard;
(B) Standard Test Methods for Flash
Point of Liquids by Small Scale ClosedCup Apparatus (ASTM D 3278) (IBR; see
§ 171.7 of this subchapter);
(C) Determination of Flash/No Flash—
Closed Cup Equilibrium Method (ISO
1516) (IBR; see § 171.7 of this
subchapter);
(D) Determination of Flash point—
Closed Cup Equilibrium Method (ISO
1523) (IBR; see § 171.7 of this
subchapter);
(E) Determination of Flash Point—
Pensky-Martens Closed Cup Method
(ISO 2719) (IBR; see § 171.7 of this
subchapter);
(F) Determination of Flash Point—
Rapid Equilibrium Closed Cup Method
(ISO 3679) (IBR; see § 171.7 of this
subchapter);
(G) Determination of Flash/No
Flash—Rapid Equilibrium Closed Cup
Method (ISO 3680) (IBR; see § 171.7 of
this subchapter); or
(H) Determination of Flash Point—
Abel Closed-Cup Method (ISO 13736)
(IBR; see § 171.7 of this subchapter).
*
*
*
*
*
■ 33. In § 173.121, paragraph (a) is
revised to read as follows:
§ 173.121
group.

Class 3—Assignment of packing

(a)(1) The packing group of a Class 3
material is as assigned in column 5 of
the § 172.101 Table. When the § 172.101

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Table provides more than one packing
group for a hazardous material, the
packing group must be determined by
applying the following criteria:
Packing
group

Flash point
(closed-cup)

I ..............

.............................

II .............

<23°C (73 °F) .....

III ............

≥23 °C, ≤60 °C
(≥73 °F, ≤140 °F)

Initial boiling
point
≤35°C
(95 °F)
>35 °C
(95 °F)
>35 °C
(95 °F)

(2) The initial boiling point of a Class
3 material may be determined by using
one of the following test methods:
(i) Standard Test Method for
Distillation of Petroleum Products at
Atmospheric Pressure (ASTM D 86)
(IBR; see § 171.7 of this subchapter);
(ii) Standard Test Method for
Distillation Range of Volatile Organic
Liquids (ASTM D 1078) (IBR; see
§ 171.7 of this subchapter);
(iii) Petroleum Products—
Determination of Distillation
Characteristics at Atmospheric Pressure
(ISO 3405) (IBR; see § 171.7 of this
subchapter);
(iv) Petroleum Products—
Determination of Boiling Range
Distribution—Gas Chromatography
Method (ISO 3924) (IBR; see § 171.7 of
this subchapter); or
(v) Volatile Organic Liquids—
Determination of Boiling Range of
Organic Solvents Used as Raw Materials
(ISO 4626) (IBR; see § 171.7 of this
subchapter).
*
*
*
*
*
■ 34. In § 173.124, paragraph (b)(2) is
revised to read as follows:
§ 173.124 Class 4, Divisions 4.1, 4.2 and
4.3—Definitions.

*

*
*
*
*
(b) * * *
(2) A self-heating material. A selfheating material is a material that
through a process where the gradual
reaction of that substance with oxygen
(in air) generates heat. If the rate of heat
production exceeds the rate of heat loss,
then the temperature of the substance
will rise which, after an induction time,
may lead to self-ignition and
combustion. A material of this type
which exhibits spontaneous ignition or
if the temperature of the sample exceeds
200 °C (392 °F) during the 24-hour test
period when tested in accordance with
UN Manual of Tests and Criteria (IBR;
see § 171.7 of this subchapter), is
classed as a Division 4.2 material.
*
*
*
*
*
■ 35. In § 173.136, paragraph (a) is
revised to read as follows:

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§ 173.136

Class 8—Definitions.

(a) For the purpose of this subchapter,
‘‘corrosive material’’ (Class 8) means a
liquid or solid that causes full thickness
destruction of human skin at the site of
contact within a specified period of
time. A liquid, or a solid which may
become liquid during transportation,
that has a severe corrosion rate on steel
or aluminum based on the criteria in
§ 173.137(c)(2) is also a corrosive
material. Whenever practical, in vitro
test methods authorized in § 173.137 of
this part or historical data authorized in
paragraph (c) of this section should be
used to determine whether a material is
corrosive.
*
*
*
*
*
■ 36. In § 173.137, in the introductory
text, the second sentence is revised and
a third, fourth, and fifth sentence are
added to read as follows:
§ 173.137
group.

Class 8—Assignment of packing

* * * When the § 172.101 Table
provides more than one packing group
for a Class 8 material, the packing group
must be determined using data obtained
from tests conducted in accordance with
the OECD Guideline for the Testing of
Chemicals, Number 435, ‘‘In Vitro
Membrane Barrier Test Method for Skin
Corrosion’’ (IBR, see § 171.7 of this
subchapter) or Number 404, ‘‘Acute
Dermal Irritation/Corrosion’’ (IBR, see
§ 171.7 of this subchapter). A material
that is determined not to be corrosive in
accordance with OECD Guideline for
the Testing of Chemicals, Number 430,
‘‘In Vitro Skin Corrosion:
Transcutaneous Electrical Resistance
Test (TER)’’ (IBR, see § 171.7 of this
subchapter) or Number 431, ‘‘In Vitro
Skin Corrosion: Human Skin Model
Test’’ (IBR, see § 171.7 of this
subchapter) may be considered not to be
corrosive to human skin for the
purposes of this subchapter without
further testing. However, a material
determined to be corrosive in
accordance with Number 430 or
Number 431 must be further tested
using Number 435 or Number 404. The
packing group assignment using data
obtained from tests conducted in
accordance with OECD Guideline
Number 404 or Number 435 must be as
follows:
*
*
*
*
*
■ 37. Section 173.144 is revised to read
as follows:
§ 173.144 Other Regulated Materials
(ORM)—Definitions.

Until December 31, 2013 and for the
purposes of this subchapter, ‘‘ORM–D
material’’ means a material such as a
consumer commodity, cartridges, small

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

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

package containing a ‘‘consumer
commodity’’ as defined in § 171.8 of this
subchapter, may be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D
or, until December 31, 2012, ORM–D–
AIR material and offered for
transportation and transported in
accordance with the applicable
provisions of this subchapter in effect
on October 1, 2010.
*
*
*
*
*
■ 39. In § 173.151, paragraphs (b), (c),
and (d) are revised to read as follows:

*

§ 173.151

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arms or cartridges, power devices
which, although otherwise subject to the
regulations of this subchapter, presents
a limited hazard during transportation
due to its form, quantity and packaging.
It must be a material for which
exceptions are provided in Column (8A)
of the § 172.101 Hazardous Materials
Table.
■ 38. In § 173.150, paragraphs (b) and
(c) are revised to read as follows:

*
*
*
*
(b) Limited quantities. Limited
quantities of flammable liquids (Class 3)
and combustible liquids are excepted
from labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and are excepted
from the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. For
transportation by aircraft, the package
must also conform to applicable
requirements of § 173.27 of this part
(e.g., authorized materials, inner
packaging quantity limits and closure
securement) and only hazardous
material authorized aboard passengercarrying aircraft may be transported as
a limited quantity. A limited quantity
package that conforms to the provisions
of this section is not subject to the
shipping paper requirements of subpart
C of part 172 of this subchapter, unless
the material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156 of this
part. In addition, shipments of limited
quantities are not subject to subpart F
(Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
Except for transportation by aircraft, the
following combination packagings are
authorized:
(1) For flammable liquids in Packing
Group I, inner packagings not over 0.5
L (0.1 gallon) net capacity each, packed
in a strong outer packaging;
(2) For flammable liquids in Packing
Group II, inner packagings not over 1.0
L (0.3 gallons) net capacity each, packed
in a strong outer packaging.
(3) For flammable liquids in Packing
Group III and combustible liquids, inner
packagings not over 5.0 L (1.3 gallons)
net capacity each, packed in a strong
outer packaging.
(c) Consumer commodities. Until
December 31, 2013, a limited quantity

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Exceptions for Class 4.

*

*
*
*
*
(b) Limited quantities of Division 4.1.
(1) Limited quantities of flammable
solids (Division 4.1) in Packing Groups
II and III and, where authorized by this
section, charcoal briquettes (Division
4.2) in Packing Group III, are excepted
from labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and are excepted
from the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. For
transportation by aircraft, the package
must also conform to applicable
requirements of § 173.27 of this part
(e.g., authorized materials, inner
packaging quantity limits and closure
securement) and only hazardous
material authorized aboard passengercarrying aircraft may be transported as
a limited quantity. A limited quantity
package that conforms to the provisions
of this section is not subject to the
shipping paper requirements of subpart
C of part 172 of this subchapter, unless
the material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156 of this
part. In addition, shipments of limited
quantities are not subject to subpart F
(Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
Except for transportation by aircraft, the
following combination packagings are
authorized:
(i) For flammable solids in Packing
Group II, inner packagings not over 1.0
kg (2.2 pounds) net capacity each,
packed in a strong outer packaging.
(ii) For flammable solids in Packing
Group III, inner packagings not over 5.0
kg (11 pounds) net capacity each,
packed in a strong outer packaging.
(2) For transportation by highway or
rail, Charcoal briquettes (NA1361) may
be packaged as a limited quantity in

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accordance with paragraph (b) of this
section in packagings not exceeding 30
kg gross weight and are eligible for the
exceptions provided in § 173.156.
(c) Consumer commodities. Until
December 31, 2013, a limited quantity
package (including Charcoal briquettes
(NA1361)) containing a ‘‘consumer
commodity’’ as defined in § 171.8 of this
subchapter, may be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D
or, until December 31, 2012, ORM–D–
AIR material and offered for
transportation and transported in
accordance with the applicable
provisions of this subchapter in effect
on October 1, 2010. For transportation
by aircraft, the maximum net mass for
Charcoal briquettes (NA1361) is 25 kg
per package.
(d) Limited quantities of Division 4.3.
Limited quantities of dangerous when
wet solids (Division 4.3) in Packing
Groups II and III are excepted from
labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and are excepted
from the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. For
transportation by aircraft, the package
must also conform to applicable
requirements of § 173.27 of this part
(e.g., authorized materials, inner
packaging quantity limits and closure
securement) and only hazardous
material authorized aboard passengercarrying aircraft may be transported as
a limited quantity. A limited quantity
package that conforms to the provisions
of this section is not subject to the
shipping paper requirements of subpart
C of part 172 of this subchapter, unless
the material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156 of this
part. In addition, shipments of limited
quantities are not subject to subpart F
(Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
Except for transportation by aircraft, the
following combination packagings are
authorized:
(1) For dangerous when wet solids in
Packing Group II, inner packagings not
over 0.5 kg (1.1 pounds) net capacity
each, packed in a strong outer
packaging.
(2) For dangerous when wet solids in
Packing Group III, inner packagings not
over 1.0 kg (2.2 pounds) net capacity

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations

each, packed in a strong outer
packaging.
■ 40. In § 173.152, paragraphs (b) and
(c) are revised to read as follows:
§ 173.152 Exceptions for Division 5.1
(oxidizers) and Division 5.2 (organic
peroxides).

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*

*
*
*
*
(b) Limited quantities. Limited
quantities of oxidizers (Division 5.1) in
Packing Group II and III and organic
peroxides (Division 5.2) are excepted
from labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and are excepted
from the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. For
transportation by aircraft, the package
must also conform to applicable
requirements of § 173.27 of this part
(e.g., authorized materials, inner
packaging quantity limits and closure
securement) and only hazardous
material authorized aboard passengercarrying aircraft may be transported as
a limited quantity. A limited quantity
package that conforms to the provisions
of this section is not subject to the
shipping paper requirements of subpart
C of part 172 of this subchapter, unless
the material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156 of this
part. In addition, shipments of limited
quantities are not subject to subpart F
(Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
Except for transportation by aircraft, the
following combination packagings are
authorized:
(1) For oxidizers in Packing Group II,
inner packagings not over 1.0 L (0.3
gallon) net capacity each for liquids or
not over 1.0 kg (2.2 pounds) net capacity
each for solids, packed in a strong outer
packaging.
(2) For oxidizers in Packing Group III,
inner packagings not over 5 L (1.3
gallons) net capacity each for liquids or
not over 5.0 kg (11 lbs) net capacity each
for solids, packed in a strong outer
packaging.
(3) For organic peroxides that do not
require temperature control during
transportation—
(i) Except for transportation by
aircraft, for Type B or C organic
peroxides, inner packagings not over 25
mL (0.845 ounces) net capacity each for
liquids or 100 g (3.528 ounces) net

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capacity for solids, packed in a strong
outer packaging.
(ii) For Type D, E, or F organic
peroxides, inner packagings not over
125 mL (4.22 ounces) net capacity each
for liquids or 500 g (17.64 ounces) net
capacity for solids, packed in a strong
outer packaging.
(c) Consumer commodities. Until
December 31, 2013, a limited quantity
package containing a ‘‘consumer
commodity’’ as defined in § 171.8 of this
subchapter, may be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D
or, until December 31, 2012, ORM–D–
AIR material and offered for
transportation and transported in
accordance with the applicable
provisions of this subchapter in effect
on October 1, 2010.
■ 41. In § 173.153, paragraphs (b) and
(c) are revised to read as follows:
§ 173.153 Exceptions for Division 6.1
(poisonous material).

*

*
*
*
*
(b) Limited quantities. The exceptions
in this paragraph do not apply to
poison-by-inhalation materials. Limited
quantities of poisonous material
(Division 6.1) in Packing Groups II and
III are excepted from the labeling
requirements, unless the material is
offered for transportation or transported
by aircraft, and are excepted from the
specification packaging requirements of
this subchapter when packaged in
combination packagings according to
this paragraph. For transportation by
aircraft, the package must also conform
to applicable requirements of § 173.27 of
this part (e.g., authorized materials,
inner packaging quantity limits and
closure securement) and only hazardous
material authorized aboard passengercarrying aircraft may be transported as
a limited quantity. A limited quantity
package that conforms to the provisions
of this section is not subject to the
shipping paper requirements of subpart
C of part 172 of this subchapter, unless
the material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156 of this
part. In addition, shipments of limited
quantities are not subject to subpart F
(Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
Except for transportation by aircraft, the
following combination packagings are
authorized:
(1) For poisonous materials in Packing
Group II, inner packagings not over 100

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mL (3.38 ounces) each for liquids or 0.5
kg (1.1 pounds) each for solids, packed
in a strong outer packaging. Inner
packagings containing a liquid
poisonous material which is also a drug
or medicine in Packing Group II may be
increased to not over 250 mL (8 ounces)
each and packed in a strong outer
packaging.
(2) For poisonous materials in Packing
Group III, inner packagings not over 5
L (1.3 gallons) each for liquids or 5.0 kg
(11 pounds) each for solids, packed in
a strong outer packaging.
(c) Consumer commodities. Until
December 31, 2013, a limited quantity
package of poisonous material in
Packing Group III or a drug or medicine
in Packing Group II and III that is also
a ‘‘consumer commodity’’ as defined in
§ 171.8 of this subchapter, may be
renamed ‘‘Consumer commodity’’ and
reclassed as ORM–D or, until December
31, 2012, ORM–D–AIR material and
offered for transportation and
transported in accordance with the
applicable provisions of this subchapter
in effect on October 1, 2010.
■ 42. In § 173.154, paragraphs (b) and
(c) are revised to read as follows:
§ 173.154 Exceptions for Class 8
(corrosive material).

*

*
*
*
*
(b) Limited quantities. Limited
quantities of corrosive material (Class 8)
in Packing Groups II and III are
excepted from labeling requirements,
unless the material is offered for
transportation or transported by aircraft,
and are excepted from the specification
packaging requirements of this
subchapter when packaged in
combination packagings according to
this paragraph. For transportation by
aircraft, the package must also conform
to the applicable requirements of
§ 173.27 of this part (e.g., authorized
materials, inner packaging quantity
limits and closure securement) and only
hazardous material authorized aboard
passenger-carrying aircraft may be
transported as a limited quantity. A
limited quantity package that conforms
to the provisions of this section is not
subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, hazardous waste, marine
pollutant, or is offered for transportation
and transported by aircraft or vessel,
and is eligible for the exceptions
provided in § 173.156 of this part. In
addition, shipments of limited
quantities are not subject to subpart F
(Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
Except for transportation by aircraft, the
following combination packagings are
authorized:
(1) For corrosive materials in Packing
Group II, inner packagings not over 1.0
L (0.3 gallon) net capacity each for
liquids or not over 1.0 kg (2.2 pounds)
net capacity each for solids, packed in
a strong outer packaging.
(2) For corrosive materials in Packing
Group III, inner packagings not over 5.0
L (1.3 gallons) net capacity each for
liquids or not over 5.0 kg (11 lbs) net
capacity each for solids, packed in a
strong outer packaging.
(c) Consumer commodities. Until
December 31, 2013, a limited quantity
package containing a ‘‘consumer
commodity’’ as defined in § 171.8 of this
subchapter, may be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D
or, until December 31, 2012, ORM–D–
AIR material and offered for
transportation and transported in
accordance with the applicable
provisions of this subchapter in effect
on October 1, 2010.
*
*
*
*
*
■ 43. In § 173.155, paragraphs (b) and
(c) are revised to read as follows:

to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
Except for transportation by aircraft, the
following combination packagings are
authorized:
(1) For miscellaneous materials in
Packing Group II, inner packagings not
over 1.0 L (0.3 gallon) net capacity each
for liquids or not over 1.0 kg (2.2
pounds) net capacity each for solids,
packed in a strong outer packaging.
(2) For miscellaneous materials in
Packing Group III, inner packagings not
over 5.0 L (1.3 gallons) net capacity each
for liquids or not over 5.0 kg (11 lbs) net
capacity each for solids, packed in a
strong outer packaging.
(c) Consumer commodities. Until
December 31, 2013, a limited quantity
package containing a ‘‘consumer
commodity’’ as defined in § 171.8 of this
subchapter, may be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D
or, until December 31, 2012, ORM–D–
AIR material and offered for
transportation and transported in
accordance with the applicable
provisions of this subchapter in effect
on October 1, 2010.
■ 44. Section 173.156 is revised to read
as follows:

§ 173.155 Exceptions for Class 9
(miscellaneous hazardous materials).

§ 173.156 Exceptions for limited quantity
and ORM.

*

(a) Exceptions for hazardous materials
shipments in the following paragraphs
are permitted only if this section is
referenced for the specific hazardous
material in the § 172.101 Table or in a
packaging section in this part.
(b) Packagings for limited quantity
and ORM–D are specified according to
hazard class in §§ 173.150 through
173.155 and in § 173.306. In addition to
other exceptions provided for limited
quantity and ORM–D materials in this
part:
(1) Strong outer packagings as
specified in this part, marking
requirements specified in subpart D of
part 172 of this subchapter, and the 30
kg (66 pounds) gross weight limitation
are not required for packages of limited
quantity materials marked in
accordance with § 172.315 of this
subchapter, or, until December 31, 2013,
materials classed and marked as ORM–
D and described as a Consumer
commodity, as defined in § 171.8 of this
subchapter, when—
(i) Unitized in cages, carts, boxes or
similar overpacks;
(ii) Offered for transportation or
transported by:
(A) Rail;
(B) Private or contract motor carrier;
or
(C) Common carrier in a vehicle under
exclusive use for such service; and

*
*
*
*
(b) Limited quantities of Class 9
materials. Limited quantities of
miscellaneous hazardous materials in
Packing Groups II and III are excepted
from labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and are excepted
from the specification packaging
requirements of this subchapter when
packaged in combination packagings
according to this paragraph. Unless
otherwise specified in paragraph (c) of
this section, packages of limited
quantities intended for transportation by
aircraft must conform to the applicable
requirements (e.g., authorized materials,
inner packaging quantity limits and
closure securement) of § 173.27 of this
part. A limited quantity package that
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156 of this
part. In addition, packages of limited
quantities are not subject to subpart F
(Placarding) of part 172 of this
subchapter. Each package must conform

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3375

(iii) Transported to or from a
manufacturer, a distribution center, or a
retail outlet, or transported to a disposal
facility from one offeror.
(2) The 30 kg (66 pounds) gross
weight limitation does not apply to
packages of limited quantity materials
marked in accordance with § 172.315 of
this subchapter, or, until December 31,
2013, materials classed and marked as
ORM–D and described as a Consumer
commodity, as defined in § 171.8 of this
subchapter, when offered for
transportation or transported by
highway or rail between a manufacturer,
a distribution center, and a retail outlet
provided—
(i) Inner packagings conform to the
quantity limits for inner packagings
specified in §§ 173.150(b), 173.152(b),
173.154(b), 173.155(b) and 173.306 (a)
and (b), as appropriate;
(ii) The inner packagings are packed
into corrugated fiberboard trays to
prevent them from moving freely;
(iii) The trays are placed in a
fiberboard box which is banded and
secured to a wooden pallet by metal,
fabric, or plastic straps, to form a single
palletized unit;
(iv) The package conforms to the
general packaging requirements of
subpart B of this part;
(v) The maximum net quantity of
hazardous material permitted on one
palletized unit is 250 kg (550 pounds);
and
(vi) The package is properly marked
in accordance with § 172.315 or, until
December 31, 2013, § 172.316 of this
subchapter.
■ 45. Section 173.161 is revised to read
as follows:
§ 173.161

Chemical kits and first aid kits.

(a) Applicability. Chemical kits and
first aid kits contain one or more
compatible items of hazardous materials
in boxes, cases, etc. that, for example,
are used for medical, analytical,
diagnostic, testing, or repair purposes.
(b) Authorized materials. (1) The kits
may only contain hazardous materials
for which packaging exceptions are
provided in column 8(A) of the
§ 172.101 Hazardous Materials Table in
this subchapter. For transportation by
aircraft, the kits may only contain
quantities of hazardous materials
authorized as excepted quantities or as
limited quantities in §§ 173.4a and
173.27(f) of this part, respectively.
Materials forbidden for transportation
by passenger aircraft or cargo aircraft
may not be included in the kits.
(2) The packing group assigned to the
chemical kit and first aid kit as a whole
must be the most stringent packing
group assigned to any individual

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substance in the kit and must be shown
on the shipping paper, if applicable, in
accordance with subpart C of Part 172
of this subchapter.
(c) Packaging. Except for
transportation by aircraft or vessel,
chemical kits and first aid kits must be
packaged in combination packagings
conforming to the packaging
requirements of subpart B of this part.
For transportation by aircraft or vessel,
chemical kits and first aid kits must be
packaged in specification combination
packagings based on the performance
level of the most stringent packing
group of material contained within the
kit. For transportation by aircraft,
friction-type closures must be secured
by secondary means and inner
packagings intended to contain liquids
must be capable of meeting the pressure
differential requirements prescribed in
§ 173.27(c) of this subchapter. Inner and
outer packaging quantity limits for
packages are as follows:
(1) Except for liquids of Division 5.2
(organic peroxide), inner packagings
containing not more than 250 mL.
Except for transportation by aircraft, for
Division 5.2 (organic peroxide) liquids
of Type B and C, inner packagings
containing not more than 25 mL and for
Division 5.2 (organic peroxide) liquids
of Type D, E and F, inner packagings
containing not more than 125 mL. For
transportation by aircraft, for Division
5.2 (organic peroxide) liquids of Type D,
E and F (only), inner packagings
containing not more than 125 mL;
(2) Except for solids of Division 5.2
(organic peroxide) of Type B and C,
inner packagings containing not more
than 250 g. Except for transportation by
aircraft, for a Division 5.2 (organic
peroxide) solid of Type B and C, inner
packagings containing not more than
100 g. For transportation by aircraft, for
a Division 5.2 (organic peroxide) solid
of Type D, E and F (only), inner
packagings containing not more than
250 g;
(3) No more than 10 L or 10 kg of
hazardous material may be contained in
one outer package (excluding dry ice).
For transportation by aircraft, no more
than 1 L or 1 kg of hazardous material
may be contained in one kit (excluding
dry ice);
(4) Each package must conform to the
packaging requirements of subpart B of
this part and may not exceed 30 kg (66
pounds) gross weight;
(5) Except for Carbon dioxide, solid
(Dry ice), UN1845, no other hazardous
materials may be packed within the
same outer packaging as the kits. Dry ice
must be packaged in accordance with
§ 173.217 of this subchapter;

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(6) The kits must include sufficient
absorbent material to completely absorb
the contents of any liquid hazardous
materials contained in the kits. The
contents must be separated, placed, or
packed, and closed with cushioning
material to protect them from damage;
and
(7) The contents of the kits must be
packed so there will be no possibility of
the mixture of contents causing
dangerous evolution of heat or gas.
(d) Exceptions. (1)(i) Chemical kits
and first aid kits are eligible for the
excepted quantity exceptions provided
in §§ 173.4 and 173.4a of this part. For
transportation by aircraft, chemical kits
and first aid kits are eligible for the
limited quantity provisions provided in
§ 173.27(f) of this part. For inner
packaging quantity limits, see
§ 173.27(f), Table 3.
(ii) A package conforming to the
provisions of this section is not subject
to the shipping paper requirements of
subpart C of part 172 of this subchapter,
unless the material meets the definition
of a hazardous substance, hazardous
waste, marine pollutant, or is offered for
transportation and transported by
aircraft or vessel. Chemical kits and
First aid kits conforming to this section
may be marked as a limited quantity as
prescribed in § 172.315 of this
subchapter and, if applicable, are
eligible for the exceptions provided in
§ 173.156 of this part. Additionally,
chemical and first aid kits conforming to
this section are not subject to part 174
(carriage by rail) or part 177 (carriage by
highway) of this subchapter when
marked in accordance with § 172.315 of
this subchapter.
(2) Consumer commodities. Until
December 31, 2013, a limited quantity
package containing a ‘‘consumer
commodity’’ as defined in § 171.8 of this
subchapter may be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D
or, until December 31, 2012, ORM–D–
AIR material and offered for
transportation and transported in
accordance with the applicable
provisions of this subchapter in effect
on October 1, 2010.
(3) Kits that are carried on board
transport vehicles for first aid or
operating purposes are not subject to the
requirements of this subchapter.
■ 46. Section 173.165 is added to read
as follows:
§ 173.165

Polyester resin kits.

(a) Except for transportation by
aircraft, polyester resin kits consisting of
a base material component (Class 3,
Packing Group II or III) and an activator
component (Type D, E, or F organic

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peroxide which does not require
temperature control)—
(1) The organic peroxide component
must be packed in inner packagings not
over 125 mL (4.22 ounces) net capacity
each for liquids or 500 g (17.64 ounces)
net capacity each for solids;
(2) The flammable liquid component
must be packed in inner packagings not
over 5 L (1.3 gallons) net capacity each
for Packing Group II or III liquid; and
(3) The flammable liquid component
and the organic peroxide component
may be packed in the same strong outer
packaging provided they will not
interact dangerously in the event of
leakage.
(b) For transportation by aircraft,
polyester resin kits consisting of a base
material component (Class 3, Packing
Group II or III) and an activator
component (Type D, E, or F organic
peroxide which does not require
temperature control)—
(1) The organic peroxide component
is limited to a quantity of 125 mL (4.22
ounces) per inner packaging if liquid,
and 500 g (1 pound) if solid. The base
material is limited to a quantity of 5 L
(1.3 gallons) in metal or plastic inner
packagings and 1 L (0.3 gallons) in glass
inner packagings;
(2) The components may be placed in
the same outer packaging provided they
will not interact dangerously in the
event of leakage;
(3) Packing group will be II or III,
according to the criteria for Class 3,
applied to the base material.
Additionally, unless otherwise excepted
in this subchapter, polyester resin kits
must be packaged in specification
combination packagings based on the
performance level required of the base
material (II or III) contained within the
kit;
(4) Closures must be secured by
secondary means;
(5) Inner packagings intended to
contain liquids must be capable of
meeting the pressure differential
requirements prescribed in § 173.27(c)
of this part; and
(6) Except as provided in paragraph
(b) of this section, exceptions for
polyester resin kits intended for
transportation by aircraft are provided
in §§ 173.4a (excepted quantities) and
173.27(f) (limited quantities) of this
part.
(c) Consumer commodities. Until
December 31, 2013, a limited quantity
package containing a ‘‘consumer
commodity’’ as defined in § 171.8 of this
subchapter may be renamed ‘‘Consumer
commodity’’ and reclassed as ORM–D
or, until December 31, 2012, ORM–D–
AIR material and offered for
transportation and transported in

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accordance with the applicable
provisions of this subchapter in effect
on October 1, 2010.
■ 47. Section § 173.167 is added to read
as follows:
§ 173.167

Consumer commodities.

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(a) Effective January 1, 2013, a
‘‘consumer commodity’’ (see § 171.8 of
this subchapter) when intended for
transportation by aircraft may only
include articles or substances of Class 2
(non-toxic aerosols only), Class 3
(Packing Group II and III only), Division
6.1 (Packing Group III only), UN3077,
UN3082, and UN3175, provided such
materials do not have a subsidiary risk
and are authorized aboard a passengercarrying aircraft. Friction-type closures
must be secured by secondary means.
Inner packagings intended to contain
liquids must be capable of meeting the
pressure differential requirements (75
kPa) prescribed in § 173.27(c) of this
part. Consumer commodities are
excepted from the specification
packaging requirements of this
subchapter and each completed package
must conform to subpart B of part.
Packages of consumer commodities
must also be capable of withstanding a
1.2 m drop on solid concrete in the
position most likely to cause damage
and a 24-hour stack test. Inner and outer
packaging quantity limits for consumer
commodities are as follows:
(1) Non-toxic aerosols, as defined in
§ 171.8 of this subchapter and
constructed in accordance with
§ 173.306 of this part, in non-refillable,
non-metal containers not exceeding 120
mL (4 fluid ounces) each, or in nonrefillable metal containers not exceeding
820 mL (28 ounces) each, except that
flammable aerosols may not exceed 500
mL (16.9 ounces) each; or
(2) Liquids, in inner packagings not
exceeding 500 mL (16.9 ounces) each; or
(3) Solids, in inner packagings not
exceeding 500 g (1.0 pounds) each; or
(4) Any combination thereof.
(b) Inner packagings are to be placed
in an outer packaging not to exceed 30
kg (66 pounds) gross weight as prepared
for shipment.
■ 48. Section 173.220 is revised to read
as follows:
§ 173.220 Internal combustion engines,
self-propelled vehicles, mechanical
equipment containing internal combustion
engines, battery-powered equipment or
machinery, fuel cell-powered equipment or
machinery.

(a) Applicability. An internal
combustion engine, self-propelled
vehicle, mechanized equipment
containing an internal combustion
engine, a battery-powered vehicle or
equipment, or a fuel cell-powered

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vehicle or equipment, or any
combination thereof, is subject to the
requirements of this subchapter when
transported as cargo on a transport
vehicle, vessel, or aircraft if—
(1) The engine contains a liquid or
gaseous fuel. An engine may be
considered as not containing fuel when
the engine components and any fuel
lines have been completed drained,
sufficiently cleaned of residue, and
purged of vapors to remove any
potential hazard and the engine when
held in any orientation will not release
any liquid fuel;
(2) The fuel tank contains a liquid or
gaseous fuel. A fuel tank may be
considered as not containing fuel when
the fuel tank and the fuel lines have
been completed drained, sufficiently
cleaned of residue, and purged of vapors
to remove any potential hazard;
(3) It is equipped with a wet battery
(including a non-spillable battery), a
sodium battery or a lithium battery; or
(4) Except as provided in paragraph
(f)(1) of this section, it contains other
hazardous materials subject to the
requirements of this subchapter.
(b) Requirements. Unless otherwise
excepted in paragraph (b)(4) of this
section, vehicles, engines, and
equipment are subject to the following
requirements:
(1) Flammable liquid fuel. A fuel tank
containing a flammable liquid fuel must
be drained and securely closed, except
that up to 500 mL (17 ounces) of
residual fuel may remain in the tank,
engine components, or fuel lines
provided they are securely closed to
prevent leakage of fuel during
transportation. Self-propelled vehicles
containing diesel fuel are excepted from
the requirement to drain the fuel tanks,
provided that sufficient ullage space has
been left inside the tank to allow fuel
expansion without leakage, and the tank
caps are securely closed.
(2) Flammable liquefied or
compressed gas fuel. (i) For
transportation by motor vehicle, rail car
or vessel, fuel tanks and fuel systems
containing flammable liquefied or
compressed gas fuel must be securely
closed. For transportation by vessel, the
requirements of §§ 176.78(k) and
176.905 of this subchapter apply.
(ii) For transportation by aircraft:
(A) Flammable gas-powered vehicles,
machines, equipment or cylinders
containing the flammable gas must be
completely emptied of flammable gas.
Lines from vessels to gas regulators, and
gas regulators themselves, must also be
drained of all traces of flammable gas.
To ensure that these conditions are met,
gas shut-off valves must be left open and
connections of lines to gas regulators

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3377

must be left disconnected upon delivery
of the vehicle to the operator. Shut-off
valves must be closed and lines
reconnected at gas regulators before
loading the vehicle aboard the aircraft;
or alternatively;
(B) Flammable gas powered vehicles,
machines or equipment, which have
cylinders (fuel tanks) that are equipped
with electrically operated valves, may
be transported under the following
conditions:
(1) The valves must be in the closed
position and in the case of electrically
operated valves, power to those valves
must be disconnected;
(2) After closing the valves, the
vehicle, equipment or machinery must
be operated until it stops from lack of
fuel before being loaded aboard the
aircraft;
(3) In no part of the closed system
shall the pressure exceed 5% of the
maximum allowable working pressure
of the system or 290 psig (2000 kPa),
whichever is less; and
(4) There must not be any residual
liquefied gas in the system, including
the fuel tank.
(3) Truck bodies or trailers on flat
cars—flammable liquid or gas powered.
Truck bodies or trailers with automatic
heating or refrigerating equipment of the
flammable liquid type may be shipped
with fuel tanks filled and equipment
operating or inoperative, when used for
the transportation of other freight and
loaded on flat cars as part of a joint rail
and highway movement, provided the
equipment and fuel supply conform to
the requirements of § 177.834(l) of this
subchapter.
(4) Modal exceptions. Quantities of
flammable liquid fuel greater than 500
mL (17 ounces) may remain in the fuel
tank in self-propelled vehicles and
mechanical equipment only under the
following conditions:
(i) For transportation by motor vehicle
or rail car, the fuel tanks must be
securely closed.
(ii) For transportation by vessel, the
shipment must conform to § 176.905 of
this subchapter.
(iii) For transportation by aircraft,
when carried in aircraft designed or
modified for vehicle ferry operations
when all the following conditions must
be met:
(A) Authorization for this type
operation has been given by the
appropriate authority in the government
of the country in which the aircraft is
registered;
(B) Each vehicle is secured in an
upright position;
(C) Each fuel tank is filled in a
manner and only to a degree that will

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preclude spillage of fuel during loading,
unloading, and transportation; and
(D) Each area or compartment in
which a self-propelled vehicle is being
transported is suitably ventilated to
prevent the accumulation of fuel vapors.
(c) Battery-powered or installed.
Batteries must be securely installed, and
wet batteries must be fastened in an
upright position. Batteries must be
protected against a dangerous evolution
of heat, short circuits, and damage to
terminals in conformance with
§ 173.159(a) and leakage; or must be
removed and packaged separately under
§ 173.159. Battery-powered vehicles,
machinery or equipment including
battery-powered wheelchairs and
mobility aids are not subject to any
other requirements of this subchapter
except § 173.21 of this subchapter when
transported by rail, highway or vessel.
(d) Lithium batteries. Except as
provided in § 172.102, Special Provision
A101 of this subchapter, vehicles,
engines and machinery powered by
lithium metal batteries that are
transported with these batteries
installed are forbidden aboard
passenger-carrying aircraft. Lithium
batteries contained in vehicles, engines
or mechanical equipment must be
securely fastened in the battery holder
of the vehicle, engine or mechanical
equipment and be protected in such a
manner as to prevent damage and short
circuits (e.g., by the use of nonconductive caps that cover the terminals
entirely). Lithium batteries must be of a
type that have successfully passed each
test in the UN Manual of Tests and
Criteria as specified in § 173.185 of this
subchapter, unless approved by the
Associate Administrator. Equipment
(other than vehicles, engines or
mechanical equipment) containing
lithium batteries, must be described as
‘‘Lithium ion batteries contained in
equipment’’ or ‘‘Lithium metal batteries
contained in equipment,’’ as
appropriate, and transported in
accordance with § 173.185 and
applicable special provisions.
(e) Fuel cells. A fuel cell must be
secured and protected in a manner to

prevent damage to the fuel cell.
Equipment (other than vehicles, engines
or mechanical equipment) such as
consumer electronic devices containing
fuel cells (fuel cell cartridges) must be
described as ‘‘Fuel cell cartridges
contained in equipment’’ and
transported in accordance with
§ 173.230 of this subchapter.
(f) Other hazardous materials. (1)
Items containing hazardous materials,
such as fire extinguishers, compressed
gas accumulators, safety devices and
other hazardous materials that are
integral components of the motor
vehicle, engine or mechanical
equipment and that are necessary for the
operation of the vehicle, engine or
mechanical equipment, or for the safety
of its operator or passengers, must be
securely installed in the motor vehicle,
engine or mechanical equipment. Such
items are not otherwise subject to the
requirements of this subchapter.
Equipment (other than vehicles, engines
or mechanical equipment) containing
lithium batteries must be described as
‘‘Lithium batteries contained in
equipment’’ and transported in
accordance with § 173.185 of this
subchapter and applicable special
provisions. Equipment (other than
vehicles, engines or mechanical
equipment) such as consumer electronic
devices containing fuel cells (fuel cell
cartridges) must be described as ‘‘Fuel
cell cartridges contained in equipment’’
and transported in accordance with
§ 173.230 of this subchapter.
(2) Other hazardous materials must be
packaged and transported in accordance
with the requirements of this
subchapter.
(g) Additional requirements for
internal combustion engines and
vehicles with certain electronic
equipment when transported by aircraft
or vessel. When an internal combustion
engine that is not installed in a vehicle
or equipment is offered for
transportation by aircraft or vessel, all
fuel, coolant or hydraulic systems
remaining in the engine must be drained
as far as practicable, and all
disconnected fluid pipes that previously

contained fluid must be sealed with
leak-proof caps that are positively
retained. When offered for
transportation by aircraft, vehicles
equipped with theft-protection devices,
installed radio communications
equipment or navigational systems must
have such devices, equipment or
systems disabled.
(h) Exceptions. Except as provided in
paragraph (f)(2) of this section,
shipments made under the provisions of
this section—
(1) Are not subject to any other
requirements of this subchapter for
transportation by motor vehicle or rail
car; and
(2) Are not subject to the requirements
of subparts D, E and F (marking,
labeling and placarding, respectively) of
part 172 of this subchapter or § 172.604
of this subchapter (emergency response
telephone number) for transportation by
vessel or aircraft. For transportation by
aircraft, the provisions of § 173.159(b)(2)
of this part as applicable, the provisions
of § 173.230(f), as applicable, other
applicable requirements of this
subchapter, including shipping papers,
emergency response information,
notification of pilot-in-command,
general packaging requirements, and the
requirements specified in § 173.27 of
this subchapter must be met. For
transportation by vessel, additional
exceptions are specified in § 176.905 of
this subchapter.
■ 49. In § 173.225:
■ a. In paragraph (c)(8), the Organic
Peroxide Table is amended by removing
the entries under the [REMOVE]
heading and adding entries under the
[ADD] heading in the table below.
■ b. In paragraph (e), the Organic
Peroxide IBC Table is amended by
revising the entry for ‘‘Peroxyacetic acid,
stabilized, not more than 17%’’ under
‘‘3109 ORGANIC PEROXIDE, TYPE F,
LIQUID’’.
§ 173.225 Packaging requirements and
other provisions for organic peroxides.

*

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

*

*

srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

ORGANIC PEROXIDE TABLE
Technical name

ID No.

Concent.
(mass %)

Diluent
(mass
%) A

Diluent
(mass
%) B

Diluent
(mass
%) I

Water
(mass
%)

Packing
method

Temp
control

Temp
emergency

Notes

(1)

(2)

(3)

(4a)

(4b)

(4c)

(5)

(6)

(7a)

(7b)

(8)

[REMOVE] ..................................

..............

................

..............

..............

..............

..............

..............

..............

..............

..............

*
*
Di-(2-tert-butylperoxyisopropyl)
benzene(s).

UN3106

*
> 42–100

..............

*
..............

≤ 57

*
..............

OP7 ......

*
..............

..............

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*
1, 9

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
ORGANIC PEROXIDE TABLE—Continued
Technical name

ID No.

Concent.
(mass %)

Diluent
(mass
%) A

Diluent
(mass
%) B

Diluent
(mass
%) I

Water
(mass
%)

Packing
method

Temp
control

Temp
emergency

Notes

(1)

(2)

(3)

(4a)

(4b)

(4c)

(5)

(6)

(7a)

(7b)

(8)
..............

Di-(2-tert-butylperoxyisopropyl)
benzene(s).
*
2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane.

*
*
Di-(tert-butylperoxyisopropyl)
benzene(s).
Di-(tert-butylperoxyisopropyl)
benzene(s).
*
2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tertbutylperoxy)hexane.

..............

..............

≥ 58

..............

Exempt

..............

..............

UN3105

*
> 52–100

..............

*
..............

..............

*
..............

OP7 ......

*
..............

..............

..............

*
................

..............

*
..............

..............

*
..............

..............

*
..............

..............

UN3106

*
> 42–100

..............

*
..............

≤ 57

*
..............

OP7 ......

*
..............

..............

1, 9

Exempt

≤ 42

..............

..............

≥ 58

..............

Exempt

..............

..............

..............

UN3103

*
> 90–100

..............

*
..............

..............

*
..............

OP5 ......

*
..............

..............

..............

UN3105

> 52—90

≥ 10

..............

..............

..............

OP7 ......

..............

..............

..............

*

*

*

≤ 42

*

*
*
[ADD] ..........................................

*

Exempt

*

*

*

*

*

*

*

*

*
..............
*
..............
*

*

*

(e) * * *

ORGANIC PEROXIDE IBC TABLE

UN No.

Organic peroxide

*
3109 .........
*

*

*
*
*
*
ORGANIC PEROXIDE, TYPE F, LIQUID ............................................................ ....................
*
*
*
*
Peroxyacetic acid, stabilized, not more than 17% ...............................................

*

*

*

*
*
*
*
50. In § 173.230, paragraphs (g) and
(h) are revised to read as follows:

■

§ 173.230 Fuel cell cartridges containing
hazardous material.
srobinson on DSKHWCL6B1PROD with MISCELLANEOUS

*

*
*
*
*
(g) Limited quantities. Limited
quantities of hazardous materials
contained in fuel cell cartridges are
excepted from the labeling
requirements, unless the cartridges are
offered for transportation or transported
by aircraft, and from the placarding and
specification packaging requirements of
this subchapter when packaged
according to this section. Each package

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Type of IBC

20:23 Jan 18, 2011

Jkt 223001

*

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Frm 00073

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Control
temperature

*
....................

*
....................

.........

*
....................
....................
....................
....................

.........
.........
.........
.........

*
31A
31H1
31H2
31HA1

*

must conform to the packaging
requirements of subpart B of this part
and may not exceed 30 kg (66 pounds)
gross weight. Except as authorized in
paragraph (h) of this section, a package
containing a limited quantity of fuel cell
cartridges must be marked as specified
in § 172.315 of this subchapter and, for
transportation by highway or rail, is not
subject to the shipping paper
requirements of subpart C of part 172 of
this subchapter, unless the material
meets the definition of a hazardous
substance, hazardous waste, or marine
pollutant, and are eligible for the
exceptions provided in § 173.156 of
part. For transportation by highway, rail

Sfmt 4700

Emergency
temperature

Maximum
quantity
(liters)

1500
1500
1500
1500
*

*

and vessel, the following combination
packagings are authorized:
(1) For flammable liquids, in fuel cell
cartridges containing not more than 1.0
L (0.3 gallon) per cartridge, packed in
strong outer packaging.
(2) For water-reactive substances
(Division 4.3 Dangerous when wet
material), in fuel cell cartridges
containing not more than 0.5 L (16.9
fluid ounces) for liquids or not over 0.5
kg (1.1 pound) for solids per cartridge,
packed in strong outer packaging.
(3) For corrosive materials, in fuel cell
cartridges containing not more than 1.0
L (0.3 gallon) for liquids or not more
than 1.0 kg (2.2 pounds) for solids per

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cartridge, packed in strong outer
packaging.
(4) For liquefied (compressed)
flammable gas, in fuel cell cartridges not
over 120 mL (4 fluid ounces) net
capacity per cartridge, packed in strong
outer packaging.
(5) For hydrogen in metal hydride, in
fuel cell cartridges not over 120 mL (4
fluid ounces) net capacity per cartridge,
packed in strong outer packaging.
(6) For transportation by aircraft, the
following combination packagings are
authorized:
(i) For flammable liquids, in fuel cell
cartridges containing not more than 0.5
L (16.9 fluid ounces) per cartridge,
packed in strong outer packaging.
Additionally, each package may contain
no more than 2.5 kg (net mass) of fuel
cell cartridges.
(ii) For water-reactive substances
(Division 4.3 Dangerous when wet
material), in fuel cell cartridges
containing not more than 200 g (0.4
pounds) of solid fuel per cartridge,
packed in strong outer packaging.
Additionally, each package may contain
no more than 2.5 kg (net mass) of fuel
cell cartridges.
(iii) For corrosive materials, in fuel
cell cartridges containing not more than
200 mL (6.7 fluid ounces) for liquids or
not more than 200 g (0.4 pounds) for
solids per cartridge packed in strong
outer packaging. Additionally, each
package may contain no more than 2.5
kg (net mass) of fuel cell cartridges.
(iv) For liquefied (compressed)
flammable gas, in fuel cell cartridges not
over 120 mL (4 fluid ounces) net
capacity per cartridge, packed in strong
outer packaging. Additionally, each
package may contain no more than 0.5
kg (net mass) of fuel cell cartridges.
(v) For hydrogen in metal hydride, in
fuel cell cartridges not over 120 mL (4
fluid ounces) net capacity per cartridge,
packed in strong outer packaging.
Additionally, each package may contain
no more than 0.5 kg (net mass) of fuel
cell cartridges.
(h) Consumer commodities. Until
December 31, 2013, except for
transportation by aircraft, a limited
quantity that conforms to the provisions
of paragraph (g) of this section and is
also a ‘‘consumer commodity’’ as
defined in § 171.8 of this subchapter on
October 1, 2010 may be renamed
‘‘Consumer commodity’’ and reclassed
as ORM–D. Shipments of ORM–D
materials are not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, and are eligible for the

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exceptions provided in § 173.156 of this
part.
■ 51. In § 173.301b, paragraphs (c)(2)(iii)
and (e) are revised to read as follows:
§ 173.301b Additional general
requirements for shipment of UN pressure
receptacles.

*

*
*
*
*
(c) * * *
(2) * * *
(iii) By protecting the valves by
shrouds or guards conforming to the
requirements in ISO 11117 (IBR; see
§ 171.7 of this subchapter). For metal
hydride storage systems, by protecting
the valves in accordance with the
requirements in ISO 16111 (IBR; see
§ 171.7 of this subchapter).
*
*
*
*
*
(e) Pyrophoric gases. A UN pressure
receptacle must have valve outlets
equipped with gas-tight plugs or caps
when used for pyrophoric or flammable
mixtures of gases containing more than
1% pyrophoric compounds. When UN
pressure receptacles are manifolded in a
bundle, each of the pressure receptacles
must be equipped with an individual
valve that must be closed while in
transportation, and the outlet of the
manifold valve must be equipped with
a pressure retaining gas-tight plug or
cap. Gas-tight plugs or caps must have
threads that match those of the valve
outlets.
*
*
*
*
*
■ 52. In § 173.306, paragraphs (h)(2), (i),
and (l) are revised to read as follows:
§ 173.306 Limited quantities of
compressed gases.

*

*
*
*
*
(h) * * *
(2) Exceptions. (i) For other than
transportation by aircraft, special
exceptions for shipment of lighter refills
in the ORM–D class are provided in
paragraph (i) of this section.
(ii) For highway transportation, when
no more than 1,500 lighter refills
covered by this paragraph are
transported in one motor vehicle, the
requirements of subparts C through H of
part 172, and Part 177 of this subchapter
do not apply. Lighter refills covered
under this paragraph must be packaged
in rigid, strong outer packagings
meeting the general packaging
requirements of subpart B of this part.
Outer packagings must be plainly and
durably marked on two opposing sides
or ends with the words ‘‘LIGHTER
REFILLS’’ and the number of devices
contained therein in letters measuring at
least 20 mm (0.79 in) in height. No
person may offer for transportation or
transport the lighter refills or prepare
the lighter refills for shipment unless

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that person has been specifically
informed of the requirements of this
section.
(i) Limited quantities. (1) A limited
quantity that conforms to the provisions
of paragraph (a)(1), (a)(3), (a)(5), (b) or,
except for transportation by aircraft,
paragraph (h) of this section is excepted
from labeling requirements, unless the
material is offered for transportation or
transported by aircraft, and the
specification packaging requirements of
this subchapter when packaged in
combination packagings according to
this paragraph. Packages must be
marked in accordance with § 172.315(a)
or (b), as appropriate, or as authorized
in paragraph (i)(2) of this section.
Unless otherwise specified in paragraph
(i)(2) of this section, packages of limited
quantities intended for transportation by
aircraft must conform to the applicable
requirements (e.g., authorized materials,
inner packaging quantity limits and
closure securement) of § 173.27 of this
part. A limited quantity package that
conforms to the provisions of this
section is not subject to the shipping
paper requirements of subpart C of part
172 of this subchapter, unless the
material meets the definition of a
hazardous substance, hazardous waste,
marine pollutant, or is offered for
transportation and transported by
aircraft or vessel, and is eligible for the
exceptions provided in § 173.156 of this
part. Outside packagings conforming to
this paragraph are not required to be
marked ‘‘INSIDE CONTAINERS
COMPLY WITH PRESCRIBED
REGULATIONS.’’ In addition, packages
of limited quantities are not subject to
subpart F (Placarding) of part 172 of this
subchapter. Each package must conform
to the packaging requirements of
subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight.
(2) Until December 31, 2013, a limited
quantity package containing a
‘‘consumer commodity’’ as defined in
§ 171.8 of this subchapter may be
renamed ‘‘Consumer commodity’’ and
reclassed as ORM–D or ORM–D–AIR
material and offered for transportation
and transported in accordance with the
applicable provisions of this subchapter
in effect on October 1, 2010.
*
*
*
*
*
(l) For additional exceptions, see
§ 173.307.
■ 53. In § 173.307, paragraph (a)(6) is
added to read as follows:
§ 173.307
gases.

Exceptions for compressed

(a) * * *
(6) Light bulbs, provided they are
packaged so that the projectile effects of

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any rupture of the bulb will be
contained within the package.
*
*
*
*
*
■ 54. Section 173.311 is added to read
as follows:
§ 173.311

Metal hydride storage systems.

The following packing instruction is
applicable to transportable UN Metal
hydride storage systems (UN3468) with
pressure receptacles not exceeding 150
liters (40 gallons) in water capacity and
having a maximum developed pressure
not exceeding 25 MPa. Metal hydride
storage systems must be designed,
constructed, initially inspected and
tested in accordance with ISO 16111
(IBR, see § 171.7 of this subchapter) as
authorized under § 178.71(f) of this
subchapter. Steel pressure receptacles or
composite pressure receptacles with
steel liners must be marked in
accordance with § 173.301b(f) of this
part which specifies that a steel UN
pressure receptacle bearing an ‘‘H’’ mark
must be used for hydrogen bearing gases
or other gases that may cause hydrogen
embrittlement. Requalification intervals
must be no more than every five years
as specified in § 180.207 of this
subchapter in accordance with the
requalification procedures prescribed in
ISO 16111.
■ 55. In 173.322, paragraph (e) is added
to read as follows:
§ 173.322

Ethyl chloride.

*

*
*
*
*
(e) In capsules under the following
conditions:
(1) The mass of gas must not exceed
150 g (5.30 ounces) per capsule;
(2) The capsule must be free of faults
liable to impair its strength;
(3) The leakproofness integrity of the
closure must be maintained by a
secondary means (e.g., cap, crown, seal,
binding, etc.) capable of preventing any
leakage of the closure while in
transportation; and
(4) The capsules must be placed in a
strong outer packaging suitable for the
contents and may not exceed a gross
mass of 75 kg (165 pounds).
PART 175—CARRIAGE BY AIRCRAFT
56. The authority citation for part 175
continues to read as follows:

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■

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

57. In § 175.8, in paragraph (b)(3), the
first sentence is revised to read as
follows:

■

§ 175.8 Exceptions for operator equipment
and items of replacement.

*

*
*
(b) * * *

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*

*

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Jkt 223001

(3) Aerosols of Division 2.2 only (for
dispensing of food products), alcoholic
beverages, colognes, liquefied gas
lighters, and perfumes carried aboard a
passenger-carrying aircraft by the
operator for use or sale on that specific
aircraft. * * *
*
*
*
*
*
■ 58. Section 175.9 is revised to read as
follows:
§ 175.9

Special aircraft operations.

(a) This subchapter applies to
rotorcraft external load operations
transporting hazardous material on
board, attached to, or suspended from
an aircraft. Operators must have all
applicable requirements prescribed in
14 CFR Part 133 approved by the FAA
Administrator prior to accepting or
transporting hazardous material. In
addition, rotorcraft external load
operations must be approved by the
Associate Administrator prior to the
initiation of such operations.
(b) Exceptions. This subchapter does
not apply to the following materials
used for special aircraft operations
when applicable FAA operator
requirements have been met, including
training operator personnel on the
proper handling and stowage of the
hazardous materials carried:
(1) Hazardous materials loaded and
carried in hoppers or tanks of aircraft
certificated for use in aerial seeding,
dusting spraying, fertilizing, crop
improvement, or pest control, to be
dispensed during such an operation.
(2) Parachute activation devices,
lighting equipment, oxygen cylinders,
flotation devices, smoke grenades,
flares, or similar devices carried during
a parachute operation.
(3) Smoke grenades, flares, and
pyrotechnic devices affixed to aircraft
during any flight conducted as part of a
scheduled air show or exhibition of
aeronautical skill. The aircraft may not
carry any persons other than required
flight crewmembers. The affixed
installation accommodating the smoke
grenades, flares, or pyrotechnic devices
on the aircraft must be approved for its
intended use by the FAA Flight
Standards District Office having
responsibility for that aircraft.
(4) Hazardous materials are carried
and used during dedicated air
ambulance, fire fighting, or search and
rescue operations.
(5) A transport incubator unit
necessary to protect life or an organ
preservation unit necessary to protect
human organs, carried in the aircraft
cabin, provided:
(i) The compressed gas used to
operate the unit is in an authorized DOT
specification cylinder and is marked,

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3381

labeled, filled, and maintained as
prescribed by this subchapter;
(ii) Each battery used is of the
nonspillable type;
(iii) The unit is constructed so that
valves, fittings, and gauges are protected
from damage;
(iv) The pilot-in-command is advised
when the unit is on board, and when it
is intended for use;
(v) The unit is accompanied by a
person qualified to operate it;
(vi) The unit is secured in the aircraft
in a manner that does not restrict access
to or use of any required emergency or
regular exit or of the aisle in the
passenger compartment; and,
(vii) Smoking within 3 m (10 feet) of
the unit is prohibited.
(6) Hazardous materials that are
loaded and carried on or in cargo only
aircraft, and that are to be dispensed or
expended during flight for weather
control, environmental restoration or
protection, forest preservation and
protection, fire fighting and prevention,
flood control, or avalanche control
purposes, when the following
requirements are met:
(i) Operations may not be conducted
over densely populated areas, in a
congested airway, or near any airport
where carrier passenger operations are
conducted.
(ii) Each operator must prepare and
keep current a manual containing
operational guidelines and handling
procedures, for the use and guidance of
flight, maintenance, and ground
personnel concerned in the dispensing
or expending of hazardous materials.
The manual must be approved by the
FAA Principal Operations Inspector
assigned to the operator.
(iii) No person other than a required
flight crewmember, FAA inspector, or
person necessary for handling or
dispensing the hazardous material may
be carried on the aircraft.
(iv) The operator of the aircraft must
have advance permission from the
owner of any airport to be used for the
dispensing or expending operation.
(v) When Division 1.1, 1.2, and 1.3
materials (except detonators and
detonator assemblies) and detonators or
detonator assemblies are carried for
avalanche control flights, the explosives
must be handled by, and at all times be
under the control of, a qualified blaster.
When required by a State or local
authority, the blaster must be licensed
and the State or local authority must be
identified in writing to the FAA
Principal Operations Inspector assigned
to the operator.
■ 59. In § 175.10:

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a. Paragraphs (a)(17) and (18) are
redesignated as paragraphs (a)(18) and
(19), respectively;
■ b. New paragraph (a)(17) is added; and
■ c. Newly redesignated paragraph
(a)(19) is revised.
The addition and revision read as
follows:
■

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

(a) * * *
(17) A lithium ion battery-powered
wheelchair or other mobility aid as
follows:
(i) A wheelchair or other mobility aid
equipped with a lithium ion battery,
when carried as checked baggage,
provided—
(A) The lithium ion battery must be of
a type that successfully passed each test
in the UN Manual of Tests and Criteria
as specified in § 173.185 of this
subchapter, unless approved by the
Associate Administrator;
(B) Visual inspection including
removal of the battery, where necessary,
reveals no obvious defects (removal of
the battery from the housing should be
performed by qualified airline personnel
only);
(C) Battery terminals must be
protected from short circuits (e.g., by
being enclosed within a battery
container that is securely attached to the
mobility aid);
(D) The pilot-in-command is advised,
either orally or in writing, prior to
departure, as to the location of the
wheelchair or mobility aid aboard the
aircraft; and
(E) The wheelchair or mobility aid is
loaded, stowed, secured and unloaded
in an upright position and in a manner
that prevents unintentional activation
and protects it from damage.
(F) A lithium metal battery is
forbidden aboard a passenger-carrying
aircraft.
(ii) A wheelchair or other mobility aid
when carried as checked or carry-on
baggage, provided—
(A) The wheelchair or other mobility
aid is designed and constructed in a
manner to allow for stowage in either a
cargo compartment or in the passenger
cabin;
(B) The lithium ion battery is
removed; and
(C) The lithium ion battery and any
spare batteries are carried in the same
manner as spare batteries in paragraph
(a)(18) of this section.
*
*
*
*
*
(19) Portable electronic devices (e.g.,
cellular phones, laptop computers, and
camcorders) powered by fuel cell
systems, and not more than two spare
fuel cell cartridges per passenger or

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18:10 Jan 18, 2011

Jkt 223001

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

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or corrosive material (Class 8) may be
transported in checked baggage.
(xii) Spare fuel cell cartridges
containing liquefied flammable gas
(Division 2.1), hydrogen in a metal
hydride (Division 2.1) or water reactive
material (Division 4.3) may only be
transported in carry-on baggage.
*
*
*
*
*
■ 60. Section 175.25 is revised to read
as follows:
§ 175.25 Notification at air passenger
facilities of hazardous materials
restrictions.

(a) Each person who engages in forhire air transportation of passengers
must display notices of the
requirements applicable to the carriage
of hazardous materials aboard aircraft,
and the penalties for failure to comply
with those requirements in accordance
with this section. Each notice must be
legible, and be prominently displayed
so it can be seen by passengers in
locations where the aircraft operator
issues tickets, checks baggage, and
maintains aircraft boarding areas. At a
minimum, each notice must
communicate the following information:
(1) Federal law forbids the carriage of
hazardous materials aboard aircraft in
your luggage or on your person. A
violation can result in five years’
imprisonment and penalties of $250,000
or more (49 U.S.C. 5124). Hazardous
materials include explosives,
compressed gases, flammable liquids
and solids, oxidizers, poisons,
corrosives and radioactive materials.
Examples: Paints, lighter fluid,
fireworks, tear gases, oxygen bottles,
and radio-pharmaceuticals.
(2) There are special exceptions for
small quantities (up to 70 ounces total)
of medicinal and toilet articles carried
in your luggage and certain smoking
materials carried on your person. For
further information contact your airline
representative.
(b) Ticket purchase. An aircraft
operator must ensure that information
on the types of hazardous materials
specified in paragraph (a) of this section
a passenger is permitted and forbidden
to transport aboard an aircraft is
provided at the point of ticket purchase.
During the purchase process, regardless
if the process is completed remotely
(e.g., via the Internet or phone) or when
completed at the airport, with or
without assistance from another person
(e.g., automated check-in facility), the
aircraft operator must ensure that
information on the types of hazardous
materials a passenger is forbidden to
transport aboard an aircraft is provided
to passengers. Information may be in
text or in pictorial form and, effective

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January 1, 2013, must be such that the
final ticket purchase cannot be
completed until the passenger or a
person acting on the passenger’s behalf
has indicated that it understands the
restrictions on hazardous materials in
baggage.
(c) Check-in. An aircraft operator
must ensure that information on the
types of hazardous materials specified
in paragraph (a) of this section a
passenger is permitted and forbidden to
transport aboard an aircraft is provided
during the flight check-in process.
(1) Effective January 1, 2013, when
the flight check-in process is conducted
remotely (e.g., via the Internet or phone)
or when completed at the airport,
without assistance from another person
(e.g., automated check-in kiosk), the
aircraft operator must ensure that
information on the types of hazardous
materials a passenger is forbidden to
transport aboard an aircraft is provided
to passengers. Information may be in
text or in pictorial form and should be
such that the check in process cannot be
completed until the passenger or a
person acting on the passenger’s behalf
has indicated that it understands the
restrictions on hazardous materials in
baggage.
(2) When the check in process is not
conducted remotely (e.g., at the airport
with the assistance of an airline
representative), passenger notification of
permitted and forbidden hazardous
materials may be completed through
signage (electronic or otherwise),
provided it is legible and prominently
displayed.
■ 61. In § 175.30, paragraph (e)(3) is
revised to read as follows:
§ 175.30

Inspecting shipments.

*

*
*
*
*
(e) * * *
(3) The word ‘‘OVERPACK’’ appears
on the outside of the overpack when
specification packagings are required.
■ 62. Section 175.75 is revised to read
as follows:
§ 175.75 Quantity limitations and cargo
location.

(a) No person may carry on an aircraft
a hazardous material except as
permitted by this subchapter.

(b) Except as otherwise provided in
this subchapter, no person may carry a
hazardous material in the cabin of a
passenger-carrying aircraft or on the
flight deck of any aircraft, and the
hazardous material must be located in a
place that is inaccessible to persons
other than crew members. Hazardous
materials may be carried in a main deck
cargo compartment of a passenger
aircraft provided that the compartment
is inaccessible to passengers and that it
meets all certification requirements for
a Class B aircraft cargo compartment in
14 CFR 25.857(b) or for a Class C aircraft
cargo compartment in 14 CFR 25.857(c).
A package bearing a ‘‘KEEP AWAY
FROM HEAT’’ handling marking must
be protected from direct sunshine and
stored in a cool and ventilated place,
away from sources of heat.
(c) For each package containing a
hazardous material acceptable for
carriage aboard passenger-carrying
aircraft, no more than 25 kg (55 pounds)
net weight of hazardous material may be
loaded in an inaccessible manner. In
addition to the 25 kg limitation, an
additional 75 kg (165 pounds) net
weight of Division 2.2 (non-flammable
compressed gas) may be loaded in an
inaccessible manner. The requirements
of this paragraph do not apply to Class
9, ORM–D–AIR and Limited or
Excepted Quantity material.
(d) For the purposes of this section—
(1) Accessible means, on passengercarrying or cargo-only aircraft that each
package is loaded where a crew member
or other authorized person can access,
handle and, when size and weight
permit, separate such packages from
other cargo during flight including a
freight container in an accessible cargo
compartment when packages are loaded
in an accessible manner. Additionally, a
package is considered accessible when
transported on a cargo-only aircraft if it
is:
(i) In a cargo compartment certified by
FAA as a Class C aircraft cargo
compartment as defined in 14 CFR
25.857(c); or
(ii) In an FAA-certified freight
container that has an approved fire or
smoke detection system and fire
suppression system equivalent to that

required by the certification
requirements for a Class C aircraft cargo
compartment.
(2) Inaccessible means all other
configurations including a freight
container in an accessible compartment
when packages are loaded inaccessibly.
(e) For transport aboard cargo-only
aircraft, the requirements of paragraphs
(c) and (d) of this section do not apply
to the following hazardous materials:
(1) Class 3, Packing Group III (that
does not meet the definition of another
hazard class except CORROSIVE),
Division 6.1 ((primary) except those also
labeled FLAMMABLE LIQUID),
Division 6.2, Class 7, Class 9, and those
marked as ORM–D–AIR, Limited
Quantity or Excepted Quantity material.
(2) Packages of hazardous materials
transported aboard a cargo aircraft,
when other means of transportation are
impracticable or not available, in
accordance with procedures approved
in writing by the FAA Regional or Field
Security Office in the region where the
operator is located.
(3) Packages of hazardous materials
carried on small, single pilot, cargo
aircraft if:
(i) No person is carried on the aircraft
other than the pilot, an FAA inspector,
the shipper or consignee of the material,
a representative of the shipper or
consignee so designated in writing, or a
person necessary for handling the
material;
(ii) The pilot is provided with written
instructions on the characteristics and
proper handling of the materials; and
(iii) Whenever a change of pilots
occurs while the material is on board,
the new pilot is briefed under a handto-hand signature service provided by
the operator of the aircraft.
(f) At a minimum, quantity limits and
loading instructions in the following
quantity and loading table must be
followed to maintain acceptable
quantity and loading between packages
containing hazardous materials. The
quantity and loading table is as follows:

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QUANTITY AND LOADING TABLE

Applicability

Passenger-carrying aircraft ......

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Forbidden

Cargo Aircraft Only labeled
packages.

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Quantity Limitation: 25 kg net
weight of hazardous material
plus 75 kg net weight of Division 2.2 (non-flammable compressed gas)
Inaccessible ............................

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3383

No limit

Accessible.

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
QUANTITY AND LOADING TABLE—Continued

Applicability

Forbidden

Quantity Limitation: 25 kg net
weight of hazardous material
plus 75 kg net weight of Division 2.2 (non-flammable compressed gas)

Cargo-only aircraft—Packages
authorized aboard a passenger-carrying aircraft.
Cargo-only aircraft—Packages
not authorized aboard a passenger-carrying aircraft and
displaying a Cargo Aircraft
Only label.

Not applicable .........................

Inaccessible (See Note 1) ......

Accessible (See Note 2).

Inaccessible (See Note 1) ......

Not applicable .........................

Accessible (See Note 2).

No limit

Note 1: The following materials are not subject to this loading restriction—
a. Class 3, PG III (unless the hazardous material meets the definition of another hazard class, except CORROSIVE).
b. Primary Class 6 (unless also labeled as a flammable liquid).
c. Class 7 (unless the hazardous material meets the definition of another hazard class).
d. Class 9, ORM–D–AIR and Limited Quantity or Excepted Quantity material.
Note 2: Aboard cargo-only aircraft, packages required to be loaded in a position that is considered to be accessible include those loaded in a
Class C cargo compartment.

63. In § 175.78, paragraph (c)(4)(iii) is
revised to read as follows:

■

§ 175.78

Stowage compatibility of cargo.

*

*
*
*
*
(c) * * *
(4) * * *
(iii) Except for Division 1.4B
explosives and as otherwise provided in
this Note, explosives of different
compatibility groups may be stowed
together whether or not they belong to
the same division. Division 1.4B
explosives must not be stowed together
with any other explosive permitted
aboard aircraft except Division 1.4S,
unless segregated as prescribed in
paragraph (c)(4)(iv) of this section
(‘‘Note 1’’).
*
*
*
*
*

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

■

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

65. In § 176.2, in the definition for
‘‘Cargo transport unit,’’ the first sentence
is revised to read as follows:

■

Definitions.

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*

*
*
*
*
Cargo transport unit means a
transport vehicle, a freight container, a
portable tank or a multiple element gas
container (MEGC). * * *
*
*
*
*
*
■ 66. In § 176.63, paragraph (f)(2) is
revised to read as follows:
§ 176.63

Stowage locations.

*

*
*
*
*
(f) * * *
(2) The hatchless container hold is in
full compliance with the provisions of
SOLAS, Chapter II–2/Regulation 19

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§ 176.76 Transport vehicles, freight
containers, and portable tanks containing
hazardous materials.

(a) * * *
(9) When security devices, beacons or
other tracking or monitoring equipment
are used, they must be securely installed
and must be of a certified safe type for
the hazardous materials that will be
carried within the freight container or
transport vehicle in which such as
device or equipment is installed.
*
*
*
*
*
§ 176.84

PART 176—CARRIAGE BY VESSEL

§ 176.2

(IBR; see § 171.7 of this subchapter),
applicable to enclosed container cargo
spaces, as appropriate for the cargo
transported.
■ 67. In § 176.76, paragraph (a)(9) is
added to read as follows:

[Amended]

68. In § 176.84, in paragraph (b) Table
of provisions, Code Number ‘‘143’’ and
its corresponding provision are
removed.

■

§ 176.142

[Removed and Reserved]

69. Section 176.142 is removed and
reserved.
■ 70. Section 176.905 is revised to read
as follows:
■

§ 176.905 Stowage of motor vehicles or
mechanical equipment.

(a) A vehicle or any mechanical
equipment powered by an internal
combustion engine, a fuel cell, batteries
or a combination thereof, is subject to
the following requirements when
carried as cargo on a vessel:
(1) Before being loaded on a vessel,
each vehicle or mechanical equipment
must be inspected for fuel leaks and
identifiable faults in the electrical
system that could result in short circuit
or other unintended electrical source of

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ignition. A vehicle or mechanical
equipment showing any signs of leakage
or electrical fault may not be
transported.
(2) The fuel tank of a vehicle or
mechanical equipment powered by
liquid fuel may not be more than onefourth full.
(3) Whenever possible, each vehicle
or mechanical equipment must be
stowed to allow for its inspection during
transportation.
(4) Vehicles or mechanical equipment
may be refueled when necessary in the
hold of a vessel in accordance with
§ 176.78 of this part.
(b) All equipment used for handling
vehicles or mechanical equipment must
be designed so that the fuel tank and the
fuel system of the vehicle or mechanical
equipment are protected from stress that
might cause rupture or other damage
incident to handling.
(c) Two hand-held, portable, dry
chemical fire extinguishers of at least
4.5 kg (10 pounds) capacity each must
be separately located in an accessible
location in each hold or compartment in
which any vehicle or mechanical
equipment is stowed.
(d) ‘‘NO SMOKING’’ signs must be
conspicuously posted at each access
opening to the hold or compartment.
(e) Each portable electrical light,
including a flashlight, used in the
stowage area must be an approved,
explosion-proof type. All electrical
connections for any light must be made
to outlets outside the space in which
any vehicle or mechanical equipment is
stowed.
(f) Each hold or compartment must be
ventilated and fitted with an overhead
water sprinkler system or fixed fire
extinguisher system.
(g) Each hold or compartment must be
equipped with a smoke or fire detection

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system capable of alerting personnel on
the bridge.
(h) All electrical equipment in the
hold or compartment other than fixed
explosion-proof lighting must be
disconnected from its power source at a
location outside the hold or
compartment during the handling and
transportation of any vehicle or
mechanical equipment. Where the
disconnecting means is a switch or
circuit breaker, it must be locked in the
open position until all vehicles have
been removed.
(i) Exceptions—A vehicle or
mechanical equipment is excepted from
the requirements of this subchapter if
the following requirements are met:
(1) Internal combustion engines liquid
fuel powered. (i) The vehicle or
mechanical equipment has an internal
combustion engine using liquid fuel that
has a flashpoint less than 38°C (100°F),
the fuel tank is empty, and the engine
is run until it stalls for lack of fuel; or
(ii) The vehicle or mechanical
equipment has an internal combustion
engine using liquid fuel that has a
flashpoint of 38°C (100°F) or higher, the
fuel tank contains 418 L (110 gallons) of
fuel or less, and there are no fuel leaks
in any portion of the fuel system.
(2) Vehicle ferry operations. 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.
(3) Battery-powered. The vehicle or
mechanical equipment is electrically
powered solely by wet electric storage
batteries (including nonspillable
batteries) or sodium batteries;
(4) Flammable gas powered. The
vehicle or mechanical equipment is
equipped with liquefied petroleum gas
or other compressed gas fuel tanks, the
tanks are completely emptied of
liquefied or compressed gas and the
positive pressure in the tank does not
exceed 2 bar (29 psig), the line from the
fuel tank to the regulator and the
regulator itself is drained of all traces of
liquefied or compressed gas, and the
fuel shut-off valve is closed.
(j) Except as provided in § 173.220(d)
of this subchapter, the provisions of this
subchapter do not apply to items of
equipment such as fire extinguishers,
compressed gas accumulators, airbag

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inflators and the like which are installed
in the vehicle or mechanical equipment
if they are necessary for the operation of
the vehicle or equipment, or for the
safety of its operator or passengers.
PART 178—SPECIFICATIONS FOR
PACKAGINGS
71. The authority citation for part 178
continues to read as follows:

■

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

72. Section 178.71 is revised to read
as follows:

■

§ 178.71 Specifications for UN pressure
receptacles.

(a) General. Each UN pressure
receptacle must meet the requirements
of this section. Requirements for
approval, qualification, maintenance,
and testing are contained in § 178.70,
and subpart C of part 180 of this
subchapter.
(b) Definitions. The following
definitions apply for the purposes of
design and construction of UN pressure
receptacles under this subpart:
Alternative arrangement means an
approval granted by the Associate
Administrator for a MEGC that has been
designed, constructed or tested to the
technical requirements or testing
methods other than those specified for
UN pressure receptacles in part 178 or
part 180 of this subchapter.
Bundle of cylinders. See § 171.8 of
this subchapter.
Design type means a pressure
receptacle design as specified by a
particular pressure receptacle standard.
Design type approval means an
overall approval of the manufacturer’s
quality system and design type of each
pressure receptacle to be produced
within the manufacturer’s facility.
UN tube. See § 171.8 of this
subchapter.
(c) General design and construction.
UN pressure receptacles and their
closures must be designed,
manufactured, tested and equipped in
accordance with the requirements
contained in this section. The ISO
standard requirements applicable to UN
pressure receptacles may be varied only
if approved in writing by the Associate
Administrator.
(d) Service equipment. (1) Except for
pressure relief devices, UN pressure
receptacle equipment, including valves,
piping, fittings, and other equipment
subjected to pressure must be designed
and constructed to withstand at least 1.5
times the test pressure of the pressure
receptacle.
(2) Service equipment must be
configured or designed to prevent

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damage that could result in the release
of the pressure receptacle contents
during normal conditions of handling
and transport. Manifold piping leading
to shut-off valves must be sufficiently
flexible to protect the valves and the
piping from shearing or releasing the
pressure receptacle contents. The filling
and discharge valves and any protective
caps must be secured against
unintended opening. The valves must
conform to ISO 10297 (IBR, see § 171.7
of this subchapter) and be protected as
specified in § 173.301b(f) of this
subchapter.
(3) UN pressure receptacles that
cannot be handled manually or rolled,
must be equipped with devices (e.g.,
skids, rings, straps) ensuring that they
can be safely handled by mechanical
means and so arranged as not to impair
the strength of, nor cause undue
stresses, in the pressure receptacle.
(4) Pressure receptacles filled by
volume must be equipped with a level
indicator.
(e) Bundles of cylinders. UN pressure
receptacles assembled in bundles must
be structurally supported and held
together as a unit and secured in a
manner that prevents movement in
relation to the structural assembly and
movement that would result in the
concentration of harmful local stresses.
The frame design must ensure stability
under normal operating conditions.
(1) The frame must securely retain all
the components of the bundle and must
protect them from damage during
conditions normally incident to
transportation. The method of cylinder
restraint must prevent any vertical or
horizontal movement or rotation of the
cylinder that could cause undue strain
on the manifold. The total assembly
must be able to withstand rough
handling, including being dropped or
overturned.
(2) The frame must include features
designed for the handling and
transportation of the bundle. The lifting
rings must be designed to withstand a
design load of 2 times the maximum
gross weight. Bundles with more than
one lifting ring must be designed such
that a minimum sling angle of 45
degrees to the horizontal can be
achieved during lifting using the lifting
rings. If four lifting rings are used, their
design must be strong enough to allow
the bundle to be lifted by two rings.
Where two or four lifting rings are used,
diametrically opposite lifting rings must
be aligned with each other to allow for
correct lifting using shackle pins. If the
bundle is filled with forklift pockets, it
must contain two forklift pockets on
each side from which it is to be lifted.
The forklift pockets must be positioned

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symmetrically consistent with the
bundle center of gravity.
(3) The frame structural members
must be designed for a vertical load of
2 times the maximum gross weight of
the bundle. Design stress levels may not
exceed 0.9 times the yield strength of
the material.
(4) The frame must not contain any
protrusions from the exterior frame
structure that could cause a hazardous
condition.
(5) The frame design must prevent
collection of water or other debris that
would increase the tare weight of
bundles filled by weight.
(6) The floor of the bundle frame must
not buckle during normal operating
conditions and must allow for the
drainage of water and debris from
around the base of the cylinders.
(7) If the frame design includes
movable doors or covers, they must be
capable of being secured with latches or
other means that will not become
dislodged by operational impact loads.
Valves that need to be operated in
normal service or in an emergency must
be accessible.
(8) For bundles of cylinders, pressure
receptacle marking requirements only
apply to the individual cylinders of a
bundle and not to any assembly
structure.
(f) Design and construction
requirements for UN refillable welded
cylinders. In addition to the general
requirements of this section, UN
refillable welded cylinders must
conform to the following ISO standards,
as applicable:
(1) ISO 4706: Gas cylinders—
Refillable welded steel cylinders—Test
pressure 60 bar and below (IBR, see
§ 171.7 of this subchapter).
(2) ISO 18172–1: Gas cylinders—
Refillable welded stainless steel
cylinders—Part 1: Test pressure 6 MPa
and below (IBR, see § 171.7 of this
subchapter).
(3) ISO 20703: Gas cylinders—
Refillable welded aluminum-alloy
cylinders—Design, construction and
testing (IBR, see § 171.7 of this
subchapter).
(g) Design and construction
requirements for UN refillable seamless
steel cylinders. In addition to the
general requirements of this section, UN
refillable seamless steel cylinders must
conform to the following ISO standards,
as applicable:
(1) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1 100 MPa. (IBR, see § 171.7 of this
subchapter).

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(2) ISO 9809–2: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
2: Quenched and tempered steel
cylinders with tensile strength greater
than or equal to 1 100 MPa. (IBR, see
§ 171.7 of this subchapter).
(3) ISO 9809–3: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
3: Normalized steel cylinders. (IBR, see
§ 171.7 of this subchapter).
(h) Design and construction
requirements for UN refillable seamless
aluminum alloy cylinders. In addition to
the general requirements of this section,
UN refillable seamless aluminum
cylinders must conform to ISO 7866:
Gas cylinders—Refillable seamless
aluminum alloy gas cylinders—Design,
construction and testing. (IBR, see
§ 171.7 of this subchapter). The use of
Aluminum alloy 6351–T6 or equivalent
is prohibited.
(i) Design and construction
requirements for UN non-refillable
metal cylinders. In addition to the
general requirements of this section, UN
non-refillable metal cylinders must
conform to ISO 11118: Gas cylinders—
Non-refillable metallic gas cylinders—
Specification and test methods. (IBR,
see § 171.7 of this subchapter.)
(j) Design and construction
requirements for UN refillable seamless
steel tubes. In addition to the general
requirements of this section, UN
refillable seamless steel tubes must
conform to ISO 11120: Gas cylinders—
Refillable seamless steel tubes of water
capacity between 150 L and 3000 L—
Design, construction and testing. (IBR,
see § 171.7 of this subchapter).
(k) Design and construction
requirements for UN acetylene
cylinders. In addition to the general
requirements of this section, UN
acetylene cylinders must conform to the
following ISO standards, as applicable:
(1) For the cylinder shell:
(i) ISO 9809–1: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
1: Quenched and tempered steel
cylinders with tensile strength less than
1 100 MPa.
(ii) ISO 9809–3: Gas cylinders—
Refillable seamless steel gas cylinders—
Design, construction and testing—Part
3: Normalized steel cylinders.
(2) The porous mass in an acetylene
cylinder must conform to ISO 3807–2:
Cylinders for acetylene—Basic
requirements—Part 2: Cylinders with
fusible plugs. (IBR, see § 171.7 of this
subchapter).
(l) Design and construction
requirements for UN composite
cylinders. (1) In addition to the general

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requirements of this section, UN
composite cylinders must be designed
for unlimited service life and conform to
the following ISO standards, as
applicable:
(i) ISO 11119–1: Gas cylinders of
composite construction—Specification
and test methods—Part 1: Hoopwrapped composite gas cylinders. (IBR,
see § 171.7 of this subchapter).
(ii) ISO 11119–2: Gas cylinders of
composite construction—Specification
and test methods—Part 2: Fullywrapped fibre reinforced composite gas
cylinders with load-sharing metal liners.
(IBR, see § 171.7 of this subchapter).
(iii) ISO 11119–3: Gas cylinders of
composite construction—Specification
and test methods—Part 3: Fully
wrapped fibre reinforced composite gas
cylinders with non-load sharing
metallic or non-metallic liners. (IBR, see
§ 171.7 of this subchapter).
(2) ISO 11119–2 and ISO 11119–3 gas
cylinders of composite construction
manufactured in accordance with the
requirements for underwater use must
bear the ‘‘UW’’ mark.
(m) Design and construction
requirements for UN metal hydride
storage systems. In addition to the
general requirements of this section,
metal hydride storage systems must
conform to the following ISO standards,
as applicable: ISO 16111: Transportable
gas storage devices—Hydrogen absorbed
in reversible metal hydride (IBR, see
§ 171.7 of this subchapter).
(n) Material compatibility. In addition
to the material requirements specified in
the UN pressure receptacle design and
construction ISO standards, and any
restrictions specified in part 173 for the
gases to be transported, the
requirements of the following standards
must be applied with respect to material
compatibility:
(1) ISO 11114–1: Transportable gas
cylinders—Compatibility of cylinder
and valve materials with gas contents—
Part 1: Metallic materials. (IBR, see
§ 171.7 of this subchapter).
(2) ISO 11114–2: Transportable gas
cylinders—Compatibility of cylinder
and valve materials with gas contents—
Part 2: Non-metallic materials. (IBR, see
§ 171.7 of this subchapter).
(o) Protection of closures. Closures
and their protection must conform to
the requirements in § 173.301(f) of this
subchapter.
(p) Marking of UN refillable pressure
receptacles. UN refillable pressure
receptacles must be marked clearly and
legibly. The required markings must be
permanently affixed by stamping,
engraving, or other equivalent method,
on the shoulder, top end or neck of the
pressure receptacle or on a permanently

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affixed component of the pressure
receptacle, such as a welded collar.
Except for the ‘‘UN’’ mark, the minimum
size of the marks must be 5 mm for
pressure receptacles with a diameter
greater than or equal to 140 mm, and 2.5
mm for pressure receptacles with a

diameter less than 140 mm. The
minimum size of the ‘‘UN’’ mark must be
5 mm for pressure receptacles with a
diameter less than 140 mm, and 10 mm
for pressure receptacles with a diameter
of greater than or equal to 140 mm. The
depth of the markings must not create

harmful stress concentrations. A
refillable pressure receptacle
conforming to the UN standard must be
marked as follows:
(1) The UN packaging symbol.

(2) The ISO standard, for example ISO
9809–1, used for design, construction
and testing. Acetylene cylinders must be
marked to indicate the porous mass and
the steel shell, for example: ‘‘ISO 3807–
2/ISO 9809–1.’’
(3) The mark of the country where the
approval is granted. The letters ‘‘USA’’
must be marked on UN pressure
receptacles approved by the United
States. The manufacturer must obtain an
approval number from the Associate
Administrator. The manufacturer
approval number must follow the
country of approval mark, separated by
a slash (for example, USA/MXXXX).
Pressure receptacles approved by more
than one national authority may contain
the mark of each country of approval,
separated by a comma.
(4) The identity mark or stamp of the
IIA.
(5) The date of the initial inspection,
the year (four digits) followed by the
month (two digits) separated by a slash,
for example ‘‘2006/04’’.
(6) The test pressure in bar, preceded
by the letters ‘‘PH’’ and followed by the
letters ‘‘BAR’’.
(7) The rated charging pressure of the
metal hydride storage system in bar,
preceded by the letters ‘‘RCP’’ and
followed by the letters ‘‘BAR.’’
(8) The empty or tare weight. Except
for acetylene cylinders, empty weight is
the mass of the pressure receptacle in
kilograms, including all integral parts
(e.g., collar, neck ring, foot ring, etc.),
followed by the letters ‘‘KG’’. The empty
weight does not include the mass of the

valve, valve cap or valve guard or any
coating. The empty weight must be
expressed to three significant figures
rounded up to the last digit. For
cylinders of less than 1 kg, the empty
weight must be expressed to two
significant figures rounded down to the
last digit. For acetylene cylinders, the
tare weight must be marked on the
cylinders in kilograms. The tare weight
is the sum of the empty weight, mass of
the valve, any coating and all
permanently attached parts (e.g., fittings
and accessories) that are not removed
during filling. The tare weight must be
expressed to two significant figures
rounded down to the last digit. The tare
weight does not include the cylinder
cap or any outlet cap or plug not
permanently attached to the cylinder.
(9) The minimum wall thickness of
the pressure receptacle in millimeters
followed by the letters ‘‘MM’’. This mark
is not required for pressure receptacles
with a water capacity less than or equal
to 1.0 L or for composite cylinders.
(10) For pressure receptacles intended
for the transport of compressed gases
and UN 1001 acetylene, dissolved, the
working pressure in bar, proceeded by
the letters ‘‘PW’’.
(11) For liquefied gases, the water
capacity in liters expressed to three
significant digits rounded down to the
last digit, followed by the letter ‘‘L’’. If
the value of the minimum or nominal
water capacity is an integer, the digits
after the decimal point may be omitted.
(12) Identification of the cylinder
thread type (e.g., 25E).

(13) The country of manufacture. The
letters ‘‘USA’’ must be marked on
cylinders manufactured in the United
States.
(14) The serial number assigned by
the manufacturer.
(15) For steel pressure receptacles, the
letter ‘‘H’’ showing compatibility of the
steel, as specified in 1SO 11114–1.
(16) Identification of aluminum alloy,
if applicable.
(17) Stamp for nondestructive testing,
if applicable.
(18) Stamp for underwater use of
composite cylinders, if applicable.
(19) For metal hydride storage
systems having a limited life, the date
of expiration indicated by the word
‘‘FINAL,’’ followed by the year (four
digits), the month (two digits) and
separated by a slash.
(q) Marking sequence. The marking
required by paragraph (p) of this section
must be placed in three groups as
shown in the example below:
(1) The top grouping contains
manufacturing marks and must appear
consecutively in the sequence given in
paragraphs (p)(13) through (19) of this
section.
(2) The middle grouping contains
operational marks described in
paragraphs (p)(6) through (11) of this
section.
(3) The bottom grouping contains
certification marks and must appear
consecutively in the sequence given in
paragraphs (p)(1) through (5) of this
section.

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(r) Other markings. Other markings
are allowed in areas other than the side
wall, provided they are made in low
stress areas and are not of a size and
depth that will create harmful stress
concentrations. Such marks must not
conflict with required marks.
(s) Marking of UN non-refillable
pressure receptacles. Unless otherwise
specified in this paragraph, each UN
non-refillable pressure receptacle must
be clearly and legibly marked as
prescribed in paragraph (p) of this
section. In addition, permanent
stenciling is authorized. Except when
stenciled, the marks must be on the
shoulder, top end or neck of the
pressure receptacle or on a permanently
affixed component of the pressure
receptacle (e.g., a welded collar).
(1) The marking requirements and
sequence listed in paragraphs (p)(1)
through (19) of this section are required,
except the markings in paragraphs
(p)(8), (9), (12) and (18) are not
applicable. The required serial number
marking in paragraph (p)(14) may be
replaced by the batch number.
(2) Each receptacle must be marked
with the words ‘‘DO NOT REFILL’’ in
letters of at least 5 mm in height.
(3) A non-refillable pressure
receptacle, because of its size, may
substitute the marking required by this
paragraph with a label. Reduction in
marking size is authorized only as
prescribed in ISO 7225, Gas cylinders—
Precautionary labels. (IBR, see § 171.7 of
this subchapter).
(4) Each non-refillable pressure
receptacle must also be legibly marked
by stenciling the following statement:
‘‘Federal law forbids transportation if

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refilled-penalty up to $500,000 fine and
5 years in imprisonment (49 U.S.C.
5124).’’
(5) No person may mark a nonrefillable pressure receptacle as meeting
the requirements of this section unless
it was manufactured in conformance
with this section.
■ 73. In § 178.275, paragraph (h) is
revised to read as follows:
§ 178.275 Specification for UN Portable
Tanks intended for the transportation of
liquid and solid hazardous materials.

*

*
*
*
*
(h) Fusible elements. Fusible elements
must operate at a temperature between
110 °C (230 °F) and 149 °C (300.2 °F),
provided that the pressure in the shell
at the fusing temperature will not
exceed the test pressure. They must be
placed at the top of the shell with their
inlets in the vapor space and in no case
may they be shielded from external
heat. Fusible elements must not be
utilized on portable tanks with a test
pressure which exceeds 2.65 bar (265.0
kPa); however, fusible elements are
authorized on portable tanks for the
transportation of certain organometallic
materials in accordance with § 172.102,
special provision TP36 of this
subchapter. Fusible elements used on
portable tanks intended for the transport
of elevated temperature hazardous
materials must be designed to operate at
a temperature higher than the maximum
temperature that will be experienced
during transport and must be designed
to the satisfaction of the approval
agency.
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*
*
*
*

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74. In § 178.347–1, paragraph (d)(9) is
revised to read as follows:

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§ 178.347–1

General requirements.

*

*
*
*
*
(d) * * *
(9) UW–12 in Section VIII of the
ASME Code does not apply to a weld
seam in a bulkhead that has not been
radiographically examined, under the
following conditions:
(i) The strength of the weld seam is
assumed to be 0.85 of the strength of the
bulkhead.
(ii) The welded seam must be a full
penetration butt weld.
(iii) No more than one seam may be
used per bulkhead.
(iv) The welded seam must be
completed before forming the dish
radius and knuckle radius.
(v) Compliance test: Two test
specimens of materials representative of
those to be used in the manufacture of
a cargo tank bulkhead must be tested to
failure in tension. The test specimen
must be of the same thickness and
joined by the same welding procedure.
The test specimens may represent all
the tanks that are made in the same
facility within 6 months after the tests
are completed. Before welding, the fitup of the joints on the test specimens
must represent production conditions
that would result in the least joint
strength. Evidence of joint fit-up and
test results must be retained at the
manufacturer’s facility for at least 5
years.
(vi) Acceptance criteria: The ratio of
the actual tensile stress at failure to the
actual tensile strength of the adjacent

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations
The test specimens may represent all
the tanks that are made in the same
facility within 6 months after the tests
are completed. Before welding, the fitup of the joints on the test specimens
must represent production conditions
that would result in the least joint
strength. Evidence of joint fit-up and
test results must be retained at the
manufacturer’s facility for at least 5
years.
(vi) Acceptance criteria: The ratio of
the actual tensile stress at failure to the
actual tensile strength of the adjacent
material of all samples of a test lot must
be greater than 0.85.
■ 75. In § 178.603, paragraph (f)(4) is
revised to read as follows:
§ 178.603

Drop test.

*
*
*
*
(f) * * *
(4) The packaging or outer packaging
of a composite or combination
packaging must not exhibit any damage
likely to affect safety during transport.
Inner receptacles, inner packagings, or
articles must remain completely within
the outer packaging and there must be
no leakage of the filling substance from
the inner receptacles or inner
packagings;
*
*
*
*
*
■ 76. In § 178.703, paragraph (a)(1)(viii)
is revised to read as follows:

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§ 178.703

Marking of IBCs.

(a) * * *
(1) * * *
(viii) The maximum permissible gross
mass in kg.
*
*
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*
■ 77. In § 178.955, paragraphs (c)(6) and
(7) are added to read as follows:
§ 178.955

General requirements.

*

*
*
*
*
(c) * * *
(6) Remanufactured Large Packaging
is a metal or rigid Large Packaging that
is produced as a UN type from a nonUN type or is converted from one UN
design type to another UN design type.
Remanufactured Large Packagings are
subject to the same requirements of this
subchapter that apply to new Large
Packagings of the same type.
(7) Reused Large Packaging is a Large
Packaging intended to be refilled and
has been examined and found free of
defects affecting its ability to withstand
the performance tests. See also
§ 173.36(c) of this subchapter.
*
*
*
*
*
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
78. The authority citation for part 180
continues to read as follows:

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Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
§ 180.207

[Amended]

79. In § 180.207, in paragraph (c), in
Table 1, between the right-hand
columns entries ‘‘Composite pressure
receptacles’’ and ‘‘Pressure receptacles
used for,’’ a new entry ‘‘Metal hydride
storage systems’’ is added in the righthand column and the number ‘‘5’’ is
added for the entry in the left-hand
column.
■ 80. In § 180.350, in paragraph (b), the
second sentence is revised to read as
follows:
■

§ 180.350

Applicability and definitions.

*

*
*
*
*
(b) * * * For the purposes of this
subchapter, the replacement of the rigid
inner receptacle of a composite IBC with
one from the original manufacturer is
considered a repair. * * *
*
*
*
*
*
Issued in Washington, DC on December 29,
2010 under authority delegated in 49 CFR
part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. 2010–33324 Filed 1–18–11; 8:45 am]
BILLING CODE 4910–60–P

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