[Federal Register Volume 64, Number 43 (Friday, March 5, 1999)]
[Rules and Regulations]
[Pages 10742-10783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4517]
[[Page 10741]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171, et al.
Harmonization With the United Nations Recommendations, International
Maritime Dangerous Goods Code, and International Civil Aviation
Organization's Technical Instructions; Final Rule
Federal Register / Vol. 64, No. 43 / Friday, March 5, 1999 / Rules
and Regulations
[[Page 10742]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178 and 180
[Docket No. RSPA-98-4185 (HM-215C)]
RIN 2137-AD15
Harmonization With the United Nations Recommendations,
International Maritime Dangerous Goods Code, and International Civil
Aviation Organization's Technical Instructions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule consolidates Docket HM-215C and HM-217
(``Labeling Requirements for Poisonous Materials''). RSPA is amending
the Hazardous Materials Regulations (HMR) to maintain alignment with
international standards by incorporating numerous changes to proper
shipping names, hazard classes, packing groups, special provisions,
packaging authorizations, air transport quantity limitations and vessel
stowage requirements. In addition, RSPA is making other amendments to
the HMR, including eliminating the ``Keep Away From Food'' label for
poisonous materials in Division 6.1, Packing Group III. Because of
recent changes to the International Maritime Dangerous Goods Code (IMDG
Code), the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
Technical Instructions), and the United Nations Recommendations on the
Transport of Dangerous Goods (UN Recommendations), these revisions are
necessary to facilitate the transport of hazardous materials in
international commerce.
DATES: Effective Date: October 1, 1999.
Voluntary Compliance Date: RSPA is authorizing immediate voluntary
compliance, with the exception of the provisions contained in
Sec. 173.301(i). Persons voluntarily complying with these regulations
should be aware that petitions for reconsideration may be received and,
as a result of RSPA's evaluation of those petitions, the amendments
adopted in this final rule could be subject to further revision.
Delayed Compliance Date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning on
October 1, 2000.
Incorporation by Reference Date: The incorporation by reference of
publications listed in this final rule has been approved by the
Director of the Federal Register as of October 1, 1999.
FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International
Standards Coordinator, telephone (202) 366-0656, or Joan McIntyre,
Office of Hazardous Materials Standards, telephone (202) 366-8553,
Research and Special Programs Administration, U.S. Department of
Transportation, 400 Seventh Street, S.W., Washington, D.C. 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
This final rule consolidates two rulemakings; Docket HM-215C,
``Harmonization with the UN Recommendations, IMDG Code and ICAO
Technical Instructions'' and the previous Docket HM-217, ``Labeling
Requirements for Poisonous Materials.'' By publication of Docket HM-
215C notice of proposed rulemaking (NPRM) [63 FR 44312], Docket HM-217
was terminated as a separate rulemaking action.
II. Background
On December 21, 1990, RSPA published a final rule [Docket HM-181;
55 FR 52402] which comprehensively revised the Hazardous Materials
Regulations (HMR), 49 CFR Parts 171 to 180, with respect to hazard
communication, classification, and packaging requirements, based on the
UN Recommendations. One intended effect of the rule was to facilitate
the international transportation of hazardous materials by ensuring a
basic consistency between the HMR and international regulations.
The UN Recommendations are not regulations, but are recommendations
issued by the UN Committee of Experts on the Transport of Dangerous
Goods. These recommendations are amended and updated biennially by the
UN Committee of Experts and are distributed to nations throughout the
world. They serve as the basis for national, regional, and
international modal regulations (specifically the IMDG Code, issued by
the International Maritime Organization (IMO), and the ICAO Technical
Instructions, issued by the ICAO Dangerous Goods Panel). In 49 CFR
171.12, the HMR authorize hazardous materials shipments prepared in
accordance with the IMDG Code if all or part of the transportation is
by vessel, subject to certain conditions and limitations. Offering,
accepting and transporting hazardous materials by aircraft, in
compliance with the ICAO Technical Instructions, and by motor vehicle
either before or after being transported by aircraft, are authorized in
Sec. 171.11 (subject to certain conditions and limitations).
On December 29, 1994, RSPA published a final rule [Docket HM-215A;
59 FR 67390] amending the HMR by incorporating changes to more fully
align the HMR with the seventh and eighth revised editions of the UN
Recommendations, Amendment 27 to the IMDG Code and the 1995-96 ICAO
Technical Instructions. The final rule provided consistency with
international air and sea transportation requirements which became
effective January 1, 1995.
On May 6, 1997, RSPA published a final rule [Docket HM-215B; 62 FR
24690] amending the HMR by incorporating changes to more fully align
the HMR with the ninth revised edition of the UN Recommendations,
Amendment 28 to the IMDG Code and the 1997-1998 ICAO Technical
Instructions. The final rule provided consistency with international
air and sea transportation requirements which became effective January
1, 1997.
In a final rule published October 29, 1998 (Docket HM-215C; 63 FR
57929), RSPA incorporated by reference the latest editions of the ICAO
Technical Instructions and the IMDG Code into the HMR. This action
ensured that international shippers could begin complying with changes
to international air and vessel standards, which become effective on
January 1, 1999, in the event that this final rule was not published by
that date. In addition, the October 29, 1998 final rule amended a
shipping paper requirement for the use of the ICAO Technical
Instructions.
This final rule amends the HMR based on the tenth revised edition
of the UN Recommendations, the 1999-2000 ICAO Technical Instructions,
and Amendment 29 to the IMDG Code with the intent to more fully align
the HMR with international air and sea transport requirements which
became effective January 1, 1999. Petitions for rulemaking pertinent to
harmonization with international standards and the facilitation of
international transportation were also considered and are the basis of
certain changes incorporated in this final rule. Other changes are
based on feedback from the regulated industry and RSPA initiatives.
III. Summary and Overview
On August 18, 1998, RSPA published an NPRM (Docket HM-215C; 63 FR
44312) to continue its efforts to facilitate the transport of hazardous
materials in international commerce. RSPA received
[[Page 10743]]
approximately 30 comments in response to the NPRM. These comments were
submitted by industry associations representing chemical manufacturers
and distributors and packaging manufacturers and reconditioners.
Comments were also submitted from a gas strut manufacturer, a battery
manufacturer, a chemical manufacturer, a paint manufacturer and
distributor, and Transport Canada. Commenters expressed support of
RSPA's effort to align the HMR with international standards to provide
consistency and facilitate the international transportation of
hazardous materials. The majority of commenters supported various
proposals, but some commenters raised concerns and recommended
alternative amendments to certain proposals which are discussed in
Section IV of this final rule. Some commenters suggested amendments
which are beyond the scope of this final rule and must first be subject
to an NPRM to provide adequate opportunity for notice and comments.
These issues may be addressed in separate rulemakings.
Amendments to the HMR contained in this final rule include:
--Addition of a new approval provision to allow use of recycled
plastics material for the manufacturing of plastic drums and jerricans.
--Amendments to the Hazardous Materials Table (HMT) which add, revise
or remove certain proper shipping names, hazard classes, packing
groups, special provisions, including portable tank requirements,
packaging authorizations, bulk packaging requirements, and passenger
and cargo aircraft maximum quantity limitations.
--Amendments to the List of Marine Pollutants which remove, revise and
add certain entries.
--Amendments to remove, revise and add certain special provisions,
including one new special provision to deregulate cotton under specific
conditions.
--Amendment of the n.o.s. and generic proper shipping names which are
required to be supplemented with technical names in association with
the basic description.
--Incorporation of provisions authorizing the reconditioning of
packagings other than metal drums.
--Incorporation of four new shipping descriptions to more clearly
describe internal combustion engines and vehicles powered by flammable
liquid and flammable gas fuels.
--Elimination of the KEEP AWAY FROM FOOD label for poisonous materials
in Division 6.1, Packing Group III. Requiring the use of a POISON or
TOXIC label on packagings containing materials meeting the toxicity
criteria for poisonous materials in Division 6.1, Packing Group III.
Allowing optional text on, or adjacent to, the POISON or TOXIC label to
read ``PG III.''
--Addition of reciprocity provisions for Canadian cylinders.
--Amendment of continuing requalification requirements for portable
tanks and intermediate bulk containers (IBCs) which are intended for
the transport of a single material.
--Addition of requirements for limited quantity packagings containing
fragile inner packagings.
--Incorporation of an exception for certain shock absorbers, struts,
gas springs and shocks and other automobile energy absorbing articles.
--Amendment of IBC repair, qualification and maintenance requirements.
IV. Section-by-Section Summary of Regulatory Changes
Part 171
Section 171.2. RSPA is amending paragraph (d)(1) by adding the
letters ``CTC'' to the list of specification indications which may not
be misrepresented according to Sec. 171.2(c). This is necessary as a
result of a new provision in Sec. 173.301(i) authorizing the use of CTC
specification cylinders under certain conditions.
Section 171.7. RSPA is updating the incorporation by reference for
four American Society of Mechanical Engineers (ASTM) standards, one
American Pyrotechnics Association (APA) standard, one Department of
Defense (DOD) standard, and the UN Recommendations. The ICAO Technical
Instructions were updated to the 1999-2000 edition and the IMDG Code
was updated to Amendment 29, in a final rule, published October 29,
1998 [Docket HM-215C; 63 FR 44312] and effective January 1, 1999. One
new incorporation by reference is added under the International
Organization for Standardization (ISO).
``ASTM D 3278--95 Standard Test Methods for Flash Point of Liquids
by Small Scale (Setaflash) Closed-Cup Apparatus'' is updated to the
1996 edition. ``ASTM D 56-93 Standard Test Method for Flash Point by
Tag Closed Tester,'' ``ASTM D 93-94 Standard Test Method for Flash
Point by Pensky-Martens Closed Cup Tester'' and ``ASTM D 3828-93
Standard Test Method for Flash Point by Small Scale Closed Tester'' are
updated to the 1997 editions. These updates reflect the latest
revisions to these standards which are used for the classification of
Class 3 flammable liquids in Secs. 173.120 and 173.121. ``APA Standard
87-1, Standard for Construction and Approval for Transportation of
Fireworks, Novelties, and Theatrical Pyrotechnics'' is updated to the
January 23, 1998 version which brings the standards up to date with
current industry practices. ``DOD TB 700-2; NAVSEAINST 8020.8; AFTO
11A-1-47; DLAR 8220.1: Explosives Hazard Classification Procedure'' is
updated to the January 1998 edition. References to the UN
Recommendations are updated to the tenth revised edition and an
incorrect reference to Sec. 172.519 is removed in the second column.
RSPA reviewed the updated standards and concluded that no major
technical amendments have been incorporated into these standards.
Finally, consistent with the addition of a new special provision
for the entry ``Cotton,'' NA1365, ``ISO 8115, Cotton Bales--Dimensions
and Density, 1986 Edition'' is added to the table of material
incorporated by reference. (See the amendments to the Hazardous
Materials Table.)
Section 171.8. The text for the ``N.O.S.'' definition is revised to
reflect the changes in this final rule regarding the addition of a new
symbol to specify the n.o.s. and generic proper shipping names which
are required to be supplemented with a technical name. (See the
preamble discussion under Secs. 172.101(b) and 172.203(k)(3)).
Sections 171.11, 171.12 and 171.12a. Paragraphs (d)(14), (b)(17)
and (b)(16) of Secs. 171.11, 171.12 and 171.12a, respectively, are
revised for consistency with Sec. 173.306(a)(1) which provides certain
exceptions for limited quantities of compressed gases in containers of
not more than four fluid ounces.
Section 171.12a. The amendments proposed to this section in the
NPRM providing for reciprocity for certain Canadian specification
cylinders to be transported within the U.S. will be incorporated into
Sec. 173.301(i). See preamble discussion under Sec. 173.301.
Section 171.14. Paragraph (d) is revised to provide a delayed
implementation date for amendments adopted in this final rule. The
effective date of the final rule is October 1, 1999. However, RSPA is
authorizing an immediate voluntary compliance date to allow shippers to
prepare their shipments in accordance with the new ICAO, IMDG Code and
HMR provisions. RSPA is also authorizing a delayed mandatory compliance
date with the new requirements until October 1, 2000. This delay offers
a sufficient phase-in
[[Page 10744]]
period to implement new provisions and deplete current stocks of
shipping papers, labels, placards and packagings affected by the new
requirements. In addition, paragraph (d)(2) permits intermixing of old
and new hazard communication requirements until October 1, 2000. As
stated in the NPRM, based on its own initiative and comments provided
in petitions, RSPA is extending a delayed implementation period for use
of the POISON label for Division 6.1, Packing Group III materials and
allowing continued use of the KEEP AWAY FROM FOOD label until October
1, 2003.
Part 172
Section 172.101. RSPA received favorable comments for including the
addition of a new symbol to Sec. 172.101(b) and the Hazardous Materials
Table (HMT) to denote the n.o.s. and generic proper shipping names
which are required to be supplemented with the technical name of the
hazardous material (in parentheses and in association with the basic
description). In the NPRM, RSPA proposed using the asterisk (*) as the
new symbol. It has since been brought to RSPA's attention that the
asterisk symbol poses a problem for computer searches. Therefore, in
this final rule, RSPA is replacing the asterisk symbol with the letter
``G'' to identify n.o.s. and generic proper shipping names which must
meet the technical name requirement. Previously, these proper shipping
names were listed in Sec. 172.203(k)(3). The change is adopted in this
final rule to simplify and improve the use of the HMR. As a result of
the change, Sec. 172.203(k)(3) is removed. In addition, approximately
19 new proper shipping names are added to be required to be
supplemented with a technical name. The technical name requirement for
these entries are consistent with the UN Recommendations. As discussed
in the NPRM, certain proper shipping names are currently required to be
supplemented with a technical name in the UN Recommendations. However,
in the opinion of RSPA, these entries do not warrant a supplemental
technical name. The majority of these are pesticides with proper
shipping names which RSPA believes are sufficiently descriptive. RSPA
believes that requiring these proper shipping names to be supplemented
with technical names adds minimal value for emergency response purposes
while introducing an unwarranted burden on the shipper. On this basis,
RSPA is not adopting the technical name requirement for these proper
shipping names. Readers should be aware that certain n.o.s. and generic
proper shipping names may be required to be supplemented with technical
names when being transported internationally. In addition, based on its
own initiative, RSPA is adding or removing certain proper shipping
names concerning the technical name requirement for consistency with
the tenth revised edition of the UN Recommendations. (See preamble
discussion under Sec. 172.203.)
A commenter stated that the plus (+) sign is not an appropriate
symbol to denote materials classified on the basis of human experience
because it is used for other purposes in the HMR. RSPA does not agree
with the commenter that the plus sign is an inappropriate symbol and
points out that the plus sign is presently used in the HMR to indicate
materials classified on the basis of human experience. In the NPRM,
RSPA proposed to add the plus sign to additional materials which are
classified on the basis of human experience consistent with the UN
Recommendations. RSPA is not convinced that there would be any benefit
in using a different symbol.
Another commenter expressed concern that the proposal to add a plus
sign to Column (1) of the HMT for epichlorohydrin on the basis of human
experience would cause his company economic hardship. The commenter
stated that, if adopted, the classification would be fixed for every
mixture or solution containing epichlorohydrin, including very dilute
solutions of epichlorohydrin in water even if the mixtures or solutions
do not meet the criteria for hazard classification in the HMR. In
response to this comment, RSPA notes that a mixture or solution
containing epichlorohydrin where the hazard is significantly different
from that of the pure material should be evaluated on the basis of
classification criteria. If such a mixture or solution does not meet
the corresponding hazard class, a different proper shipping name may be
used. Therefore, RSPA is adopting, as proposed, the plus sign for
epichlorohydrin and other materials identified in the NPRM.
The Hazardous Materials Table (HMT). Amendments to the HMT for the
purpose of harmonizing with the tenth revised edition of the UN
Recommendations include the following:
The plus (+) sign is added to Column 1 to fix the proper shipping
name, hazard class and packing group for the entries, ``Aminophenols
(o-;m-;p-),'' ``Chlorodinitrobenzenes,'' ``Dichloroanilines, liquid,''
``Dichloroanilines, solid,'' ``o-Dichlorobenzene,'' ``N,N-
Diethylaniline,'' ``Epichlorohydrin,'' ``Nitroanilines (o-;m-;p-;),''
``Nitroanisole,'' ``Nitrobenzene,'' ``Nitrophenols (o-;m-;p-;),''
``Phenetidines,'' ``Phenylenediamines (o-;m-;p-;),'' ``Toluene
diisocyanate,'' ``Toluidines, liquid'' and ``Toluidines, solid.'' This
action aligns the HMR with the UN Recommendations which use Special
Provision 279 to indicate materials which are classified on the basis
of human experience.
Various other changes to the HMT include the following:
A number of hazardous materials proper shipping names are revised,
including the deletion of the word ``commercial'' from the entries,
``Charges, shaped, commercial, without detonator,'' (UN 0059, 0439,
0440 and 0441), the revision of the entry ``Amyl alcohols'' to
``Pentanols'' and the revision of the entry ``Dithiocarbamate
pesticides, liquid, toxic'' to ``Thiocarbamate pesticide, liquid,
toxic.''
For entries such as ``Aluminum alkyls'' and ``Sodium nitrite,'' the
subsidiary risks are revised. A typographical error in the NPRM's
regulatory text for the entry ``Sodium nitrite'' resulted in omitting
the primary hazard and is corrected in this final rule.
The entries, ``Aviation regulated liquid, n.o.s.'' and ``Aviation
regulated solid, n.o.s.'' are added for alignment with the ICAO
Technical Instructions and the UN Recommendations.
The entry ``Wheel chair, electric'' is removed as a proper shipping
name and an italicized entry is added to refer users of the HMR to the
proper shipping name ``Battery-powered vehicle or Battery-powered
equipment.'' RSPA received a comment requesting a revision to
Sec. 175.10(a)(20)(iv)(C) which requires the packaging to be marked
``Battery, wet, with wheelchair'' and which the commenter referred to
as a proper shipping name. The commenter stated that the proper
shipping name is not in the HMT. RSPA points out that in
Sec. 175.10(a)(20)(iv)(C), ``Battery, wet, with wheelchair'' is a
marking and not a proper shipping name. On this basis, RSPA has made no
changes to Sec. 175.10(a)(20)(iv)(C).
For materials such as ``Chlorosilanes, corrosive, n.o.s,'' Column 7
is revised to reflect the alignment of the portable tank assignments
with those in the UN Recommendations.
In the NPRM, RSPA proposed to revise the Column (7) special
provisions relating to portable tanks, for the entry, ``Corrosive
liquids, toxic, n.o.s.,'' UN2922, for Packing Groups I and II. A
[[Page 10745]]
commenter pointed out that the revisions are not consistent with the UN
Recommendations. RSPA agrees with the commenter and is not adopting the
proposed revisions.
For the entry, ``Plastic molding compounds in dough, sheet or
extruded rope form evolving flammable vapor,'' to correct an error, the
non-bulk packaging authorization reference is revised to read ``221.''
In addition, Sec. 173.221 is amended to authorize bulk packagings. The
packaging authorization for the entry, ``Polymeric beads, expandable,
evolving flammable vapor'' is revised to read ``221.'' (See additional
preamble discussion under Sec. 173.221.)
For the entries, ``Batteries, wet, filled with acid, electric
storage'' and ``Batteries, wet, filled with alkali, electric storage''
RSPA is increasing the passenger aircraft quantity limitation from 25
kg gross mass to 30 kg gross mass. This change is consistent with the
amendments to the 1999-2000 edition of the ICAO Technical Instructions.
In response to a petition for rulemaking (P-1316), RSPA proposed
that baled cotton not meeting the criteria of any hazard class would be
excepted from the requirements of the HMR under certain conditions. In
this final rule, RSPA is adding a new special provision for NA1365,
``Cotton'' (dry), to exclude it from the HMR when it is baled in
accordance with ISO 8115, ``Cotton Bales--Dimensions and Density'' to a
density of at least 360 kg/m \3\ (22.4lb/ft \3\) and it is transported
in a freight container or closed transport vehicle. This action is
consistent with a decision taken by the IMO and a subsequent competent
authority approval issued by RSPA.
As proposed in the NPRM, based on its own initiative, RSPA is
adding a new entry, ``Dangerous goods in machinery or Dangerous goods
in apparatus'' to the HMT. The proper shipping name is assigned
identification number, NA8001, and Special Provision 136 is added for
directions on class assignment. As stated in the NPRM, this entry was
adopted in the ICAO Technical Instructions to provide an exception from
the UN packaging performance tests for equipment, machinery or
apparatus containing small quantities of hazardous materials. RSPA
believes this entry is useful for transport by all modes of
transportation and provides a more practical means of describing
machinery or apparatus, containing small quantities of hazardous
materials, when the machinery or apparatus is not specifically listed
in the HMT. A commenter suggested that the proper shipping name be
given a Class 9 assignment. RSPA agrees with the commenter. RSPA
proposed to the UN Committee of Experts that a UN number and proper
shipping name be provided and that Class 9 be assigned. Following the
Committee's response, RSPA will address this issue in a future
rulemaking.
A commenter requested that RSPA not adopt the proposed change for
the entry, ``Chloropicrin.'' In the NPRM, RSPA proposed to change the
non-bulk packaging authorization cite in Column (8B) from Sec. 173.227
to Sec. 173.193. The proposed change was in error and RSPA is not
adopting this change.
Concerning the new entry, ``Nitroglycerin mixture, desensitized,
liquid, flammable, n.o.s.,'' UN3343, RSPA received a comment
questioning the impact that the new entry would have on existing
competent authority approvals. These competent authority approvals
provide for these materials to be described as ``Flammable liquids,
n.o.s.,'' UN1993. The commenter asked RSPA to consider ``grandfathering
the existing approvals in the final rule.'' It is RSPA's position that
to reflect the new shipping description, these approvals can be updated
upon a request from the approval holders. RSPA believes that the
transition periods adopted in this final rule will provide sufficient
time for processing updated approvals in order to avoid any potential
inconvenience on the part of approval holders.
The Vessel Operators Hazardous Materials Association (VOHMA)
requested that RSPA consider including the alpha-numeric special
provisions corresponding to the codes in Sec. 176.84 for materials
identifed as requiring stowage ``away from'' foodstuffs or ``separated
from'' foodstuffs. VOHMA stated that this action would provide
consistent identification of the materials for proper stowage and
segregation when being transported by vessel. RSPA believes VOHMA's
request has merit and will consider it in a future NPRM to afford the
public the opportunity to provide comments.
Readers should be aware that for certain entries in the HMT, such
as those with revised proper shipping names, the change may appear as a
removal and addition. Readers should review all changes appearing in
the Sec. 172.101 HMT for a complete view of the changes.
Appendix B to Sec. 172.101. A number of materials are added,
removed or amended in the HMR's List of Marine Pollutants. The
amendments are consistent with the marine pollutants identified in
Amendment 29 to the IMDG Code. One entry, ``Nitrates, inorganic,
n.o.s.,'' which was mistakenly referred to in the NPRM's preamble as
being proposed for removal, was actually removed from the marine
pollutant list in an earlier final rule published under Docket HM-215B
(May 6, 1997; 62 FR 24743).
Section 172.102. Eleven new special provisions are added and one is
removed for consistency with the tenth revised edition of the UN
Recommendations; three obsolete special provisions are removed; and two
are editorially revised as follows:
Special Provision 43 is amended by adding an exception for certain
nitrocellulose membrane filters. The exception is consistent with the
1999-2000 edition of the ICAO Technical Instructions.
Special Provision 125 is revised to correct an editorial error for
the percentages of phlegmatizers in mixtures.
A new special provision 129 is assigned to the new entry,
``Nitroglycerin mixture, desensitized, liquid, flammable, n.o.s. with
not more than 30% nitroglycerin, by mass'' to require that the
material's classification, transportation, packing group assignment and
packaging must be approved by the Associate Administrator for Hazardous
Materials Safety.
A new special provision 130 is added for the entry, ``Battery, dry,
not subject to the requirements of this subchapter'' to identify
conditions that must be met before the material may be excepted from
the HMR.
A new special provision 131 is assigned to the new entry,
``Flammable solid, oxidizing, n.o.s.,'' (Packing Groups II and III), to
prohibit the material from being offered for transportation unless
approved by the Associate Administrator for Hazardous Materials Safety.
A new special provision 132 is added for the proper shipping name,
``Ammonium nitrate fertilizers,'' UN2071. The special provision allows
this material to be excepted from the requirements of the HMR provided
a UN trough test (Section 38, UN Manual of Test and Criteria)
demonstrates that the material is not liable to self-sustaining
decomposition, and that the material does not contain an excess of
nitrate greater than 10% by mass. This material is only regulated when
offered for transportation by aircraft and vessel modes.
A new special provision 133 is added for the new entry, ``Air bag
inflators, compressed gas or Air bag modules, compressed gas or Seat-
belt pretensioners, compressed gas,'' to
[[Page 10746]]
clarify which articles should be transported under these shipping
descriptions. The special provision provides conditions for packaging
and design of these articles. In the NPRM, RSPA inadvertently included
articles containing a Division 2.1 gas for which authorization for
transportation is being retained under an exemption. This error is
corrected in this final rule. The air bag and seat-belt pretensioner
descriptions listed in the HMT may be used only for articles that may
be excluded from Class 1.
A new special provision 134 is added for the entry ``Battery-
powered vehicle or Battery-powered equipment'' to identify the entry as
being used for battery-powered equipment or vehicles.
A new special provision 135 is added for the new entries,
``Engines, internal combustion, flammable gas powered,'' ``Engines,
internal combustion, flammable liquid powered,'' ``Vehicle, flammable
gas powered,'' and ``Vehicle, flammable liquid powered'' to indicate
the appropriate shipping description to be used when internal
combustion engines are installed in a vehicle.
A new special provision 136 is added for the new entry, ``Dangerous
goods in machinery or Dangerous goods in apparatus.'' The special
provision clarifies the restrictions and exceptions for transporting
hazardous materials under the new entry. (Also, see preamble discussion
under ``The Hazardous Materials Table.'')
A new special provision 137 is added for the entry, ``Cotton,''
NA1365. See preamble discussion under ``The Hazardous Materials Table
(HMT).''
A new special provision 138 is added for the entry, ``Lead
compounds, soluble, n.o.s.'' This special provision clarifies the
definition for soluble lead compounds.
A new special provision A35 is added for the new entries,
``Aviation regulated liquid, n.o.s.'' and ``Aviation regulated solid,
n.o.s.,'' to clarify that the proper shipping names include any
substance not meeting any of the other hazard classes, but which has
certain properties that could cause extreme annoyance or discomfort in
the event of spillage or leakage aboard aircraft to crew members so as
to prevent their performance of duties.
Special Provision 17 applies to the entry, ``Hydrogen peroxide,
aqueous solutions with not less than 8 percent but less than 20 percent
hydrogen peroxide (stabilized as necessary).'' Special Provision 17
would be deleted because the information it contains is duplicative
with the italicized portion of the proper shipping name.
Special Provision 20 is removed because it no longer is used for
any entries in the HMT.
Special Provision 104 is removed for consistency with the UN
Recommendations and in response to a petition for rulemaking filed by
the Institute of Makers of Explosives (P-1317).
As proposed in the NPRM and based on a previous comment received by
RSPA, Special Provision B101 is editorially revised to clarify that
when intermediate bulk containers are used, only those constructed of
metal are authorized.
Special Provision N9 applies to the entry, ``Cotton waste, oily,''
UN1364. Special Provision N9 is deleted, consistent with the deletion
of Special Provision 34 in the tenth revised edition of the UN
Recommendations.
Section 172.203. In Sec. 172.203, paragraph (k) is revised to
reflect that the letter ``G'' in Column (1) of the HMT identifies
n.o.s. and generic proper shipping names requiring a technical name.
(See preamble discussion under Sec. 172.101.)
Section 172.313. A new paragraph (d) is added to reflect that ``PG
III'' may be marked adjacent to the POISON label as an alternative to
displaying the text ``PG III,'' instead of ``Poison'' or ``Toxic,''
below the mid-line of the label. (See preamble discussion under
Secs. 172.400 and 172.400a.)
Sections 172.400, 172.400a.
For poisonous materials in Division 6.1, Packing Group III, RSPA
proposed in the NPRM to eliminate the KEEP AWAY FROM FOOD label and
require the use of a POISON label on such packagings. RSPA also
proposed to allow optional text on the POISON label to read ``PG III,''
instead of ``POISON'' or ``TOXIC.'' (Readers should refer to the NPRM
for background information.) RSPA received approximately ten comments
regarding this issue.
Some of the commenters had concerns about international acceptance
and harmonization of the ``PG III'' text. Several commenters suggested
that RSPA delay consideration and revisit the issue in a future
rulemaking to allow more time for comments and to wait until the
international community adopts the provisions. One commenter requested
that RSPA retain the KEEP AWAY FROM FOOD label as an alternate label.
Because provisions in international regulations permit the insertion of
text indicating the nature of the risk, it is RSPA's opinion that a
POISON label displaying ``PG III'' as text is acceptable in
international transportation. Furthermore, RSPA believes that
sufficient time for comment has been offered for comments and
consideration of the provisions. RSPA published an ANPRM on November 8,
1993, under Docket HM-217 (58 FR 59224), and published an NPRM on
August 18, 1998 NPRM, under Docket HM-215C, addressing changes to
Division 6.1, Packing Group III labeling requirements consistent with
an amendment incorporated in the eighth revised edition of the UN
Recommendations. Two commenters requested that RSPA consider hazardous
materials employee training and cost impact when considering
implementation of the change. RSPA gave consideration to these issues
before publishing the NPRM, and as explained in the NPRM, and is
providing a sufficient phase-in period to implement the new provisions
for training and minimizes any additional costs that may be incurred.
The Air Line Pilots Association (ALPA) stated its opposition to
placing only the ``PG III'' marking on the POISON label. ALPA stated
that placing the ``PG III'' marking on the label without the ``POISON''
or ``TOXIC'' text would not be understood by hazardous materials
employees who are performing loading functions. RSPA disagrees. Section
172.401(c) allows packages of hazardous materials bearing labels which
are in conformance with the UN Recommendations, ICAO Technical
Instructions, IMDG Code and Canadian TDG Regulations, to be shipped in
the U.S. These labels do not have text indicating the hazard, but
display pictorial hazard warning symbols, which are internationally
recognized.
Most commenters supported an alternative label for Packing Group
III, however, a few commenters suggested that RSPA consider
alternatives other than the ``PG III'' text on the POISON label, such
as a special handling label or that ``PG III'' be allowed to be marked
adjacent to the POISON label. After consideration of commenters'
recommendations, RSPA is adopting the recommendation that a ``PG III''
marking be allowed to be displayed adjacent to the POISON label as
suggested by these commenters. The segregation requirements of
Secs. 174.680(b), 176.600(c) and 177.841(e)(3) are revised to reflect
this change.
In conclusion, RSPA is eliminating the KEEP AWAY FROM FOOD label,
requiring the use of a POISON label on such packagings, and allowing
``PG III'' as optional text on the POISON label or as a marking
adjacent to the label.
Section 172.405. Paragraph (f)(10) in 172.405 is revised to reflect
that a label for a Division 6.1 Packing Group III
[[Page 10747]]
material may be modified to display the text ``PG III'' instead of
``POISON'' or ``TOXIC,'' below the mid-line of the label.
Alternatively, ``PG III'' may be marked adjacent to the label as
authorized by Sec. 172.313. (See also, Secs. 174.680, 176.600 and
177.841.)
Section 172.407. The table in paragraph (b) is revised to add the
lettering size requirements for SPONTANEOUSLY COMBUSTIBLE and DANGEROUS
WHEN WET labels.
Section 172.431. This section is removed and reserved, thereby
deleting the specifications for the KEEP AWAY FROM FOOD label.
Section 172.504. Consistent with the changes in Secs. 172.400,
172.400a, 172.405 and 172.407, in the paragraph (e) Table 2, the entry
for Division 6.1, Packing Group III is removed and the entry for
Division 6.1, Packing Group I or II, other than Zone A or B inhalation
hazard is revised. Paragraph (f)(10) is revised to reflect that a
placard for Division 6.1, PG III material may be modified to display
the text ``PG III'' below the mid-line of the placard or adjacent to
the POISON label.
Section 172.553. This section is removed and reserved, in line with
Sec. 172.431, to delete the specifications for the KEEP AWAY FROM FOOD
label.
Part 173
Section 173.1. For uniformity with other references in the HMR, the
reference to the ``Recommendations of the United Nations Committee of
Experts on the Transport of Dangerous Goods'' in paragraph (d) is
revised to read ``UN Recommendations.''
Section 173.2a. As proposed in the NPRM, the Sec. 173.2a, paragraph
(b) Precedence of Hazard Table is revised to align it with the UN
Recommendations' Precedence of Hazard Table. Consistent with the UN
Recommendations, RSPA is revising two entries to provide for the
Division 4.3, Packing Group II hazard and the Division 5.1, Packing
Group II hazards to take precedence over the Class 8 Packing Group II
hazard.
Section 173.25. In the NPRM, RSPA proposed to revise paragraph (b)
to authorize shrink-wrapped or stretch-wrapped trays as outer
packagings only if the inner packagings are not fragile, liable to
break or be easily punctured (such as those made of glass, porcelain,
stoneware or certain plastics). Several commenters stated that they
supported the proposed change to eliminate the requirement that shrink-
wrapped or stretch-wrapped trays conform to the PG III performance
requirements. However, several commenters, including The Hazardous
Materials Advisory Council (HMAC) and the National Paint and Coatings
Association (NPCA) expressed concern with the text ``Inner packagings
are not fragile, liable to break or be easily punctured'' and stated
that this text may need further clarification. The Chemical Specialties
Manufacturers Association (CSMA) stated that the term ``certain
plastics'' should be clarified to explain what is and is not
acceptable. None of the commenters offered any suggested wording. RSPA
notes that the proposed text is consistent with the text in the UN
Recommendations and that to clarify what is meant by fragile
packagings, including ``certain plastics,'' the proposal identifies
examples of such packagings (namely, ``such as packagings made of
glass, porcelain, stoneware or certain plastics.''). RSPA also notes
that the term ``fragile'' is used in Sec. 178.601(g)(2)(i) and that its
use there has not posed any significant difficulties in interpretation.
RSPA also received a request to increase the 20 kg gross weight
limitation. RSPA will consider refinements to this text to further
clarify the meaning of fragile packaging and for increasing the 20 kg
gross weight limitation on the basis of specific written proposals and
may consider them for amendment of international and domestic
regulations in a future rulemaking.
Section 173.28. In the NPRM, RSPA proposed to revise paragraph
(c)(2) and add a new paragraph (c)(5) to authorize the reconditioning
of packagings other than metal drums. RSPA received comments suggesting
revisions to clarify the intent of the paragraph. The Association of
Container Reconditioners (ACR) stated that the proposed changes to
paragraph (c)(2) do not establish a clear and orderly definition for
the reconditioning of non-bulk packages, other than steel drums. HMAC
recommended clarification of the wording ``all components.'' RSPA
agrees with both commenters and is incorporating the recommended
editorial changes into this final rule. This revision is consistent
with amendments adopted in the tenth revised edition of the UN
Recommendations.
Section 173.29. In Sec. 173.29(b)(2)(iv)(B), the referenced
absolute pressure ``less than 276 kPa (40 psia); at 21 deg. C (70 deg.
F)'' is corrected to read ``less than 280 kPa (40.6 psia); at 20 deg. C
(68 deg. F)'' for consistency with the absolute pressure reference in
Sec. 173.115(b).
Section 173.32b. In the NPRM, RSPA proposed to revise paragraph
(b)(1) to allow for the internal inspection of IM portable tanks to be
waived or substituted by other test methods if a leakproofness test is
performed prior to each filling. One commenter identified an analytical
method which is used to determine leakage in Teflon PTFE-lined tanks
and requested that it be authorized. RSPA is familiar with this method
and has issued an exemption (DOT E-11827) to allow its use in place of
performing the 2.5 year internal inspection. The procedure is very
detailed and does not lend itself to incorporation into the
regulations. To streamline the process of approving other acceptable
methods, RSPA is providing an approval provision to allow other
alternative procedures when approved by the Associate Administrator for
Hazardous Materials Safety.
Section 173.32c. Paragraph (j) is revised for consistency with the
UN Recommendations to allow IM portable tanks which are filled to less
than 20% of their capacity, to be offered for transportation. Also, for
consistency with the UN Recommendations, the provision excluding non-
flowable solids is broadened to include viscous liquids with a low flow
rate.
Section 173.34. RSPA is amending the table in paragraph (e) by
adding a footnote to indicate that CTC specification cylinders are
subject to the provisions in Sec. 173.301(i).
Section 173.35. RSPA proposed in the NPRM to eliminate a provision
prohibiting the reuse of fiberboard, wooden and some flexible
intermediate bulk containers (IBCs) but to maintain a restriction
against the reuse of multiwall paper flexible IBCs (13M1 and 13M2).
The Association of Container Reconditioners (ACR) in referring to
paragraph (b)(2), stated that if the required markings are missing, it
may not be possible for a reuser or reconditioner to be sure how to
remark the IBC. RSPA maintains that it is the responsibility of the
reuser or reconditioner to ensure that the IBC is marked correctly and
if the required markings are no longer legible and cannot be
established, the IBC no longer qualifies as a UN standard packaging.
Another commenter expressed concern about permitting the reuse of
corrugated (fiberboard) IBCs with respect to the degradation of the
fiberboard due to reuse. As set forth in paragraph (b), each IBC must
be visually inspected to ensure it is free from corrosion,
contamination, cracks or other damage which would render the IBC unsafe
for transportation. If the IBC has damage which would render it unsafe
for transportation, it is the shipper's obligation to not reuse the
IBC.
Based on the foregoing, RSPA is adopting the changes as proposed.
Also
[[Page 10748]]
see the preamble discussion in Sec. 180.352 concerning IBCs.
Section 173.56. In paragraphs (b)(2)(i) and (b)(3)(i), the
reference to a DOD incorporation by reference document is updated by
removing an outdated edition date. A corresponding change with the
updated edition date is made under Sec. 171.7.
Section 173.59. Consistent with amendments adopted in the tenth
revised edition of the UN Recommendations and consequential amendments
to the HMT, the word ``commercial'' is deleted from the proper shipping
names, ``Charges, shaped, commercial, without detonator'' appearing in
this section.
Section 173.121. In the NPRM, RSPA proposed to revise paragraph (b)
to align it with the UN Recommendations based on a decision taken by
the UN Committee of Experts at its nineteenth session. Paragraph (b)
provides an exception for viscous flammable liquids such as paints,
enamels, varnishes, adhesives and polishes with a flash point of less
than 23 deg.C to be classified as PG III materials, provided the
material does not contain any substance with a primary or subsidiary
risk of Division 6.1 or Class 8. In the ninth revised edition, the UN
Committee of Experts included an exception which authorized mixtures
containing not more than 5% of substances in Packing Group I or Packing
Group II of Division 6.1 or Class 8, or not more than 5% of substances
in Packing Group I of Class 3 requiring a Division 6.1 or Class 8
subsidiary label to be reclassified in PG III in the Recommendations.
This exception was not adopted by ICAO or IMO based in part on
proposals submitted by RSPA, and has since been removed from the UN
Recommendations. Although the National Paint and Coatings Association
(NPCA) supports the revision for viscous flammable liquids, NPCA
expressed concern that the text is not consistent with international
standards. Because the UN Recommendations removed the exception, the
text proposed by RSPA and adopted in this final rule is consistent with
the tenth revised edition of the UN Recommendations, the 1999-2000 ICAO
Technical Instructions and Amendment 29 to the IMDG Code. As stated in
the NPRM, RSPA believes the amendment enhances safety while simplifying
the classification provisions in Sec. 173.121.
Section 173.159. In Sec. 173.159(g)(2), RSPA is authorizing
additional packagings for electrolyte, acid or alkaline corrosive
battery fluid included with storage batteries and filling kits. RSPA
received a petition for rulemaking (P-1313) which provided data
supporting that the corrosive effect of battery fluid on steel is
slight and that steel drums and steel boxes have a structural integrity
that exceeds the presently authorized plywood and wooden boxes. RSPA
agrees with the commenter and is revising paragraph (g)(2) to read
``strong, rigid outer packagings'' to authorize the use of steel drums
and steel boxes. Also, this change eliminates the need for exemption,
DOT E-10989.
A commenter requested that in paragraph (c)(6), the minimum Mullen
test strength of corrugated slip covers be reduced from 200 pounds to
125 pounds. This request is beyond the scope of this final rule and may
be considered in a rulemaking in the future.
Two commenters recommended that RSPA amend the HMR to provide
additional information on the application of the entry, ``Battery, wet,
non-spillable,'' UN2800, to enhance consistency with the ICAO Technical
Instructions and the IMDG Code. Although the requirements applicable
for non-spillable batteries are currently fairly consistent with those
in the ICAO Technical Instructions and the IMDG Code, RSPA agrees that
additional harmonization could be achieved. Considering that the NPRM
did not address requirements for non-spillable batteries, RSPA is not
adopting the commenter's suggestion in this final rule. RSPA will take
this issue into account and consider whether to propose incorporation
of such changes into the HMR in a future NPRM, or develop proposals to
the UN Committee of Experts, ICAO or IMO. Persons interested in
proposing amendments to further harmonize the requirements for non-
spillable batteries are encouraged to provide comments to RSPA with
specific recommendations.
Section 173.162. In Sec. 173.162, the packaging requirements for
gallium are revised to offer shippers a wider selection of packaging
alternatives while maintaining an adequate level of safety. The
revision is consistent with the IMDG Code.
Section 173.164. In Sec. 173.164, in paragraph (a), the limitation
for quicksilver flasks of not more than 3.5 kg (7.7 pounds) capacity is
replaced with 35 kg (77 pounds). This action corrects an editorial
error and brings the quantity in line with ICAO. Paragraph (c) is also
revised to correct an editorial error by removing the 100 mg. quantity
limitation for mercury in manufactured articles or apparatuses.
Section 173.166. Section 173.166 is revised for consistency with
the new Division 2.2 entry, ``Air bag inflators pyrotechnic or Air bag
modules pyrotechnic or Seat-Belt pretensioners pyrotechnic.'' Paragraph
(c) is also revised to clarify that the EX number or product code is
required to appear on shipping papers only.
Section 173.196. In Sec. 173.196, paragraph (a)(1)(iii) states that
absorbent material must be placed between the primary receptacle and
the secondary packaging. Consistent with a decision taken by the ICAO
Dangerous Goods Panel, absorbent material is only necessary for liquid
materials. On this basis, in Sec. 173.196(a)(1)(iii), the words ``When
the primary receptacle contains liquids'' are inserted in the first
sentence before ``An absorbent material''.
Section 173.220. RSPA is amending Sec. 173.220 to include
requirements for both liquid and gas fueled vehicles consistent with
amendments adopted by ICAO in Packing Instruction 900 and the four new
shipping descriptions for incorporation in the HMT for internal
combustion engines and vehicles. For editorial purposes and clarity,
specific requirements in Sec. 173.306(d) relevant to gas powered
vehicles and hazardous components installed in vehicles are
consolidated in this section. In addition, based on a comment received
from the Air Transport Association, RSPA is allowing self-propelled
vehicles operated by diesel fuel to be transported by aircraft without
having to drain the tank. This amendment is consistent with the ICAO
Technical Instructions.
Section 173.221. In response to two petitions for rulemaking (P-
1344 and P-1353), RSPA is revising the packaging requirements for
``Polymeric beads, expandable, evolving flammable vapor'' and ``Plastic
molding compound in dough, sheet or extruded rope form evolving
flammable vapor'' while consolidating the non-bulk and bulk packaging
requirements in Sec. 173.221. The use of bulk packagings are authorized
for ``Plastic molding compound in dough, sheet or extruded rope form
evolving flammable vapor.''
RSPA received a comment to the NPRM from The Composites Fabricators
Association requesting that paragraph (a) be revised to include steel
racks, metal and plastic crates and shrink-wrap on pallets as non-bulk
packaging authorizations for plastic molding compound in dough, sheet
or extruded rope form, evolving flammable vapor, when transported on
dedicated vehicles or freight containers. The commenter reasoned that
the non-bulk authorizations should include packaging options similar to
those proposed in the NPRM for bulk
[[Page 10749]]
packages in paragraph (b). The commenter states that the use of steel
racks, metal or plastic crates, and shrink-wrap on pallets have been
utilized safely for non-bulk and bulk packagings of plastic molding
compound for decades and their exclusion from non-bulk authorization
would place small producers of plastic molding compound at a
disadvantage to larger producers. RSPA agrees and is revising this
provision accordingly.
The commenter also requested that the italicized descriptions from
the HMT, (i.e., ``evolving flammable vapor'' and ``in dough, sheet or
extruded rope form evolving flammable vapor'' for plastic molding
compound) be added to the proper shipping names in paragraphs (a) and
(b). The commenter stated that omitting the italicized description may
result in confusion among manufacturers of plastic molding compounds
that do not evolve flammable vapor. RSPA agrees with the commenter and
is revising paragraphs (a) and (b) to reflect the clarification.
Section 173.222. RSPA is removing the current provisions appearing
in Sec. 173.222 pertaining to wheelchairs transported in commerce. The
removal of these provisions is consistent with the amendment removing
the entry for ``Wheel chair, electric'' in the HMT. As stated earlier
in the preamble discussion to the HMT, an italicized entry is added to
refer users of the HMR to ``Battery-powered vehicle or Battery-powered
equipment,'' UN3171. ``Battery-powered vehicle'' and ``Battery-powered
equipment'' are the proper shipping names used in the ICAO Technical
Instructions, IMDG Code and UN Recommendations for wheel chair,
electric. Section 173.222 will contain requirements applicable to the
new entry, ``Dangerous goods in machinery or Dangerous Goods in
Apparatus.'' These requirements are consistent with those currently in
the ICAO Technical Instructions. (Also see preamble discussion under
the HMT.)
Section 173.224. RSPA is adding the word ``product'' before the
word ``evaluation'' in paragraph (c)(3). This change clarifies that the
exception for samples applies for purposes of shipping products for
evaluation and not only for hazard classification purposes.
Section 173.225. In paragraph (b), a new organic peroxide
formulation is added to the Organic Peroxides table consistent with the
tenth revised edition of the UN Recommendations. Various entries are
corrected due to typographical errors. n addition, in line with the
revision in Sec. 173.224(c)(3), the word ``product'' is inserted before
the word ``evaluation'' in paragraph (c)(2). In addition, various
changes are made to correct printing errors.
Section 173.243. RSPA is adding a new paragraph (e)(3) to authorize
a material with a Class 8 subsidiary hazard, PG III to be packaged in
accordance with Sec. 173.242. In the IMDG Code, certain dual hazard
materials with a subsidiary hazard of Class 8, PG III are permitted in
IBCs, consistent with those specified in Sec. 173.242. Section
173.242(e) authorizes certain dual hazard materials with subsidiary
risks of Class 3, with a flash point greater than 38 deg. C, and
Division 6.1, PG III to be packaged in intermediate bulk containers
specified in Sec. 173.242. However, this exception is not applied to
dual hazard materials with subsidiary hazards of Class 8, PG III. RSPA
has issued a number of competent authority approvals consistent with
the intermediate bulk container assignments for these materials in the
IMDG Code, and on this basis, is incorporating this allowance into the
HMR.
Section 173.301. RSPA is revising paragraph (i) to clarify that
non-DOT specification cylinders which are being imported into or
exported from the U.S. or passing through the U.S., in the course of
being shipped between places outside the U.S., may be offered and
accepted for transportation and transported by motor vehicle within a
single port area (including contiguous harbors) when packaged, marked,
classed, labeled, stowed and segregated in accordance with the IMDG
Code. This exception was not readily apparent in Sec. 173.301(i) which
resulted in numerous inquiries by users of the HMR.
This section also is revised to allow use of Canadian Transport
Commission (CTC) specification cylinders for transportation to, from
and within the U.S. In the NPRM, based in part on a petition for
rulemaking submitted by the Compressed Gas Association, Inc. (CGA, P-
1321), RSPA proposed to authorize use of certain Canadian cylinders
manufactured in conformance with the Canadian Transport of Dangerous
Goods (TDG) Regulations and marked ``TDG'' or ``CTC.'' The NPRM
proposed four conditions for use of these cylinders including a
requirement that the cylinder be marked ``DOT/'' immediately before the
Canadian specification marking (such as, ``DOT/CTC''). Comments
supported the proposal authorizing Canadian cylinders to be filled and
transported to, from and within the U.S. However, several commenters,
including CGA and the National Welding Supply Association, Inc. (NWSA)
and Transport Canada were opposed to marking Canadian specification
cylinders at the time of requalification with a ``DOT'' marking
preceding the Canadian marking already on the cylinder. They stated
that a cylinder in full conformance with the TDG Regulations should not
be required to be marked ``DOT'' and they requested that RSPA allow the
cylinders to transported in commerce in the U.S. without any additional
marking.
Transport Canada stated that ``Canadian cylinders, like DOT
cylinders, are manufactured worldwide under controlled certification,
third party approval and retest procedures consistent with RSPA's third
party approval and retest procedures.'' They also pointed out that
cylinders manufactured and approved according to the TDG Regulations
are currently marked ``TC'' and that there are no Canadian cylinders
marked ``TDG.'' Earlier Canadian manufactured cylinders have the
markings ``CTC'', ``CRC'' and ``BTC.'' They requested that RSPA
consider authorizing use of all TC specification packagings, including
those corresponding to DOT or MC specification markings.
One commenter stated that because the authorization to use Canadian
cylinders is included in Sec. 171.12a, as opposed to Part 173 of the
HMR, the provision falls short of full acceptance of cylinders approved
by Transport Canada. The commenter stated that the proposed provision
would not permit the transport of Canadian cylinders from one point in
the U.S. to another, or transport from the U.S. into Canada.
On the basis of the comments, RSPA is adopting the proposed
provisions with several modifications. RSPA is adding the authorization
to use CTC cylinders in Sec. 173.301, instead of Sec. 171.12a. The
authorization will allow cylinders marked ``CTC'' and conforming to TDG
Regulations to be transported to, from and within the U.S. Section
171.2(d)(1) is amended by adding the letters ``CTC'' to the list of
specification indications that may not be misrepresented according to
Sec. 171.2(c). Section 173.34(e) is amended to include the retest
periods for CTC specification cylinders and to allow these foreign
cylinders to be excepted from Sec. 173.301(j) when they conform to
certain conditions. RSPA is not including the requirement to mark
Canadian specification cylinders at the time of requalification with a
``DOT'' marking preceding the Canadian marking already on the cylinder.
To allow time for trade associations to inform retesters and fillers
about the decisions taken in this rule, RSPA is not
[[Page 10750]]
authorizing immediate voluntary compliance; that is, upon publication
of this final rule, with the new requirements in Sec. 173.301(i)(2) for
CTC specification cylinders. RSPA is authorizing use of the new
requirements applicable to CTC specification cylinders consistent with
the effective date of the final rule (October 1, 1999).
RSPA is not authorizing use of CRC and BTC cylinders in
Sec. 173.301(i). RSPA believes that there is not an overwhelming number
of cylinders bearing the ``CRC'' or ``BTC'' marks available for
transport into the U.S. to justify addressing them in Sec. 173.301(i).
These cylinders were manufactured prior to 1973 and many are no longer
in service. RSPA is concerned that recognizing these additional marks
would unnecessarily complicate the cylinder specification marking
system used in the U.S. In addition, RSPA is not authorizing the use of
TC specification cylinders in this final rule because they are marked
with the service pressure in metric units according to the Canadian TDG
Regulations. RSPA is concerned that the metric marking on these
cylinders would be confusing for U.S. retesters and refillers. RSPA
proposed the adoption of four new metric-marked DOT cylinder
specifications in a proposed rule (HM-220; 63 FR 58469) published
October 30, 1998. RSPA may consider authorizing the use of TC cylinders
once certain issues are addressed, such as the training and education
for retesters and fillers, and the differences in marking requirements
for TC cylinders and those for the proposed new DOT specification
cylinders. The decisions taken in this rule are not intended to and do
not impact the continued acceptance of Canadian or U.S. cylinders which
are dual marked ``CTC'' and ``DOT'' to indicate that they conform to
the requirements of the TDG Regulations and the HMR.
Section 173.306. RSPA received several comments pertaining to the
NPRM's proposal to include an exception in Sec. 173.306(f) for
accumulators intended to function as shock absorbers, struts, gas
springs, pneumatic springs or other energy absorbing devices. In the
NPRM, RSPA proposed to except the accumulators from the requirements of
the HMR, if they meet certain conditions. The majority of commenters
supported the exception and complimented RSPA for harmonizing the HMR
with the UN Recommendations. The American Automobile Manufacturers
Association (AAMA) stated that efficiencies and cost savings will be
realized by adopting the exception. One commenter suggested a change to
the exception, as proposed in the NPRM, by requesting that the minimum
burst pressure for pressurized accumulators be changed to three times
the charge pressure. The commenter provided no technical details or
safety justification for the alternative requirement, other than to
claim that an industry standard specifies a safety factor of two times
the charge pressure. The commenter also stated that the proposed
exception will not effect the exemption, DOT E 8786. RSPA points out
that the exemption does not authorize a minimum burst pressure of three
times the charge pressure. On the contrary, the exemption specifies
burst pressures consistent with those proposed in the NPRM.
Based on the foregoing, RSPA is adopting, as proposed, the new
accumulator exception by adding a new paragraph (f)(4). This amendment
is consistent with Special Provision 283 in the tenth revised edition
of the UN Recommendations, as modified in a petition from the AAMA, (P-
1335). RSPA also is adopting, as proposed, an approval provision to
allow accumulators not conforming to the provisions of the new
exception parameters to be considered by RSPA under its approvals
program. In addition, the provisions in paragraphs (d)(1), (d)(2),
(d)(3) and (d)(4) are relocated to the revised Sec. 173.220 and the
subparagraphs are removed.
Part 174
Section 174.81. The paragraph (f) Compatibility Table for Class 1
(Explosive) Materials is revised to allow Compatibility Group G to be
loaded and transported with Compatibility Groups C, D and E under
certain conditions. This allowance is consistent with the
Sec. 176.144(a) Table for Authorized Mixed Stowage for Explosives
aboard vessels and with the IMDG Code. RSPA is revising the
Sec. 177.848 Compatibility Table to reflect the same allowance.
Section 174.680. Paragraph (b) is revised to authorize separation
in the same car, rather than segregation in different cars, of Division
6.1, Packing Group III materials from foodstuffs. The reference to the
KEEP AWAY FROM FOOD label is removed and replaced by a reference to a
modified POISON label displaying ``PG III'' text, or a ``PG III''
marking placed immediately adjacent to the POISON label.
Part 175
Section 175.630. Paragraph (a) is amended by removing the reference
to the KEEP AWAY FROM FOOD label.
Part 176
Section 176.76. A new paragraph (i) is added, consistent with
Amendment 29 of the IMDG Code, to require flammable gases or liquids
having a flashpoint of 23 deg. C or less to be stowed away from
possible sources of ignition.
Section 176.83. Paragraphs (a)(1), (a)(3), (a)(8) are revised and a
new paragraph (a)(10) is added to clarify segregation requirements
aboard vessels. In addition, in the Sec. 176.83(g) Segregation Table
for the segregation requirement ``Away From,'' ``No restriction'' for
``Open versus open--On deck'' is revised to read ``At least 3 meters.''
These changes are consistent with Amendment 29 of the IMDG Code.
Section 176.600. This section is revised to specify that packages
containing a Division 6.1, Packing Group III material and bearing a
modified POISON label displaying the text ``PG III,'' or a ``PG III''
marking adjacent to the POISON label, must be stowed away from living
quarters, ventilation ducts serving living quarters and separated from
foodstuffs. This stowage requirement does not apply when hazardous
materials and foodstuffs are stowed in different closed transport
units.
Part 177
Section 177.841. Paragraph (e)(3) is revised to specify
requirements for separating Division 6.1, PG III materials from
foodstuffs, consistent with provisions in Sec. 177.848. However, a
package containing a Division 6.1, PG III material and bearing either a
primary or subsidiary POISON hazard warning label with text displaying
``PG III,'' or an adjacent ``PG III'' marking, may be transported on
the same vehicle as foodstuffs if separated to prevent commingling.
Section 177.848. In paragraph (f), the Compatibility Table for
Class 1 (Explosive) Materials is revised to allow Compatibility Group C
to be loaded and transported on the same vehicle with Compatibility
Groups C, D and E under certain conditions. This allowance is
consistent with the wording in the Sec. 176.144(a) Table for Authorized
Mixed Stowage for Explosives aboard vessels and in the IMDG Code. RSPA
is also revising the Sec. 174.81 Compatibility Table to reflect the
same allowance.
Part 178
Section 178.270-3. In paragraph (e), a reference to ISO 82-1974(E)
Steels-Tensile Testing is revised to correct a printing error.
Section 178.509. As proposed in the NPRM, paragraph (b) is amended
to
[[Page 10751]]
authorize the use of recycled plastic materials of known origin and
characteristics for the manufacture of UN specification plastic drums
and jerricans, when approved by the Associate Administrator for
Hazardous Materials Safety. The Association of Container Reconditioners
(ACR) expressed their support of the general goal of encouraging
greater reuse of recycled plastic in new drums. However, ACR believes
the proposal, as presented, is inadequate and that RSPA is ignoring
action taken by the UN Committee of Experts, creating a significant
burden on the approvals process, and possibly creating supply and
demand imbalances. RSPA believes that at the present time, the use of
recycled plastics should only be allowed under an approval process.
RSPA believes additional experience data is needed to support
introduction of specific provisions for its use into the HMR.
Also, due to a typographical error in paragraph (b) in the NPRM,
the word ``when'' is corrected to read ``unless.''
Section 178.703. Under Docket HM-215B (62 FR 24743), RSPA added a
requirement to Sec. 178.703(b)(6)(ii) which stated, ``Where the outer
casing of a composite intermediate bulk container can be dismantled,
each of the detachable parts must be marked with the month and year of
manufacture and name or symbol of the manufacturer.'' This addition was
adopted consistent with changes in the UN Recommendations and was
reconsidered by the UN Sub-committee of Experts at its fifteenth
session because IBC manufacturers asked for clarification of the term
``detachable parts.'' The Sub-committee adopted revised text to
identify this requirement as applying only to parts intended to be
detached for dismantling. RSPA is incorporating this text into the HMR
in response to concerns raised by industry regarding the costs
associated with applying the existing HMR marking requirements.
Section 178.813. RSPA is revising paragraph (b) to provide for the
inner receptacle of a composite IBC to be tested without the outer
packaging, provided the test results are not affected. This provision
was inadvertently omitted in previous efforts to harmonize the HMR with
the UN Recommendations.
Section 180.352. In the NPRM, in paragraph (b), RSPA proposed to
relocate to Sec. 173.35, a requirement that a person must perform a
visual inspection prior to filling an IBC. The periodic leakproofness
test and visual inspection requirements were proposed to be retained in
paragraphs (b)(1) and (b)(2). In paragraph (b)(3), consistent with the
changes in Sec. 173.35, RSPA proposed to allow the reuse of rigid
plastic and composite IBCs, to require that they must also be
internally inspected at least every five years. This is consistent with
paragraph 6.5.1.6.4 of the UN Recommendations.
RSPA proposed to add a new paragraph (c) to provide for the repair,
testing and inspection of IBCs which are repaired after being damaged
(for example, due to an impact, such as an accident). This provision
was inadvertently omitted in Docket HM-215B [62 FR 24690] and is
consistent with the UN Recommendations.
Two commenters supported the proposal, but were concerned that IBCs
may be reused when they are not fully capable of withstanding
transportation rigors. The commenters requested RSPA to establish
specific inspection criteria. In response to these comments, RSPA
points out that inspection criteria were proposed in the NPRM and are
adopted in this final rule. However, if industry develops concensus
standards with more detailed and specific inspection criteria for
determining the adequacy of various types of IBCs for reuse, RSPA will
consider incorporating such standards in the HMR in a future
rulemaking.
ACR also recommended that RSPA revise the definition of IBC design
type to permit replacement of inner receptacles of composite IBCs with
receptacles manufactured by companies other than the original
manufacturer, as well as replacement of service and structural
equipment. This is beyond the scope of this final rule and should be
proposed to RSPA in a petition for rulemaking. However, as stated in
current Sec. 178.801(c)(7)(iv), a packaging that differs in service
equipment is not considered to be a new design type.
The Rigid Intermediate Bulk Container Association (RIBCA)
recommended that RSPA include provisions for the maintenance of
serviceable IBCs, as well as the repair of damaged IBCs. This issue
also is beyond the scope of this final rule and may be addressed in a
separate rulemaking.
Based on the foregoing, RSPA is adopting the changes as proposed.
(Also see preamble discussion under Sec. 173.35.)
V. Rulemaking Analyses and Notices
A. 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 rule is not
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation [44 FR 11034].
B. Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism'').
Federal hazardous materials transportation law, 49 U.S.C. 5701-5127,
contains an express preemption provision (49 U.S.C. 5125(b)) that
preempts State, local, and Indian tribe requirements on certain covered
subjects. Covered subjects are:
(i) The designation, description, and classification of hazardous
material;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(iii) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(v) The design, manufacturing, fabricating, marking, maintenance,
reconditioning, repairing, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses covered subjects under items i, ii, iii
and v above and, adopted as final, would preempt State, local, or
Indian tribe requirements not meeting the ``substantively the same''
standard. Federal hazardous materials transportation law provides at
Sec. 5125(b)(2) that if DOT issues a regulation concerning any of the
covered subjects DOT must determine and publish in the Federal Register
the effective date of Federal preemption. The effective date may not be
earlier than the 90th day following the date of issuance of the final
rule and not later than two years after the date of issuance. RSPA has
determined that the effective date of Federal preemption for these
requirements will be 180 days after the effective date of a final rule
under this docket. Thus, RSPA lacks discretion in this area, and
preparation of a federalism assessment is not warranted.
C. Regulatory Flexibility Act
This final rule incorporates changes introduced in the tenth
revised edition of the UN Recommendations, the 1997-98 ICAO Technical
Instructions, and Amendment 29 to the IMDG Code. (The
[[Page 10752]]
ICAO Technical Instructions and the IMDG Code were updated in a final
rule, published October 29, 1998 [Docket HM-215C; 63 FR 44312].) It
applies to offerors and carriers of hazardous materials and will
facilitate the transportation of hazardous materials in international
commerce by providing consistency with international requirements. U.S.
companies, including numerous small entities competing in foreign
markets, will be forced to comply with a dual system of regulation, to
their economic disadvantage, if the changes in this final rule are not
adopted. The changes are intended to avoid this result. The costs
associated with this final rule are considered to be so minimal as to
not warrant preparation of a regulatory impact analysis or regulatory
evaluation. In contrast, the majority of amendments should result in
cost savings. No cost increases are associated with the incorporation
of an exception for certain shock absorbers, struts, gas springs and
shocks, and other automobile energy absorbing articles in
Sec. 173.306(f). This amendment should result in an increased cost
savings for the automotive industry. Although the labeling requirements
for poisonous materials in this final rule may affect some small
business entities that ship or transport hazardous materials, any
adverse economic impact should be offset through a lengthy transition
period, retention of current operational requirements, and modification
of the POISON or TOXIC label. The amendments for IBCs would remove
prohibitions for reusing certain IBCs which would result in costing
savings for industry by allowing IBCs to be inspected and reused,
instead of used and discarded. In addition, the amendments to the IBC
marking requirements in Sec. 178.703 will eliminate the burden of
unnecessary markings which will also result in cost savings.
A number of amendments in this final rule will result in relaxation
of overly burdensome requirements which will result in cost savings.
For example, the removal of the requirement to performance test shrink
or stretch-wrapped trays containing limited quantities of hazardous
materials should result in a cost savings for many companies. The
authorization to allow use of recycled plastic materials when approved
by the Associate Administrator for Hazardous Materials Safety, the
relaxation of filling requirements for IM portable tanks, the
authorization to use steel packages for batteries and the amendments
for packaging gallium, mercury, polymeric beads and plastic molding
compound are other examples where cost savings will be realized. Many
companies involved in domestic, as well as global operations, will
realize economic benefits as a result of the amendments. Therefore, I
certify that this final rule will not, if promulgated, have a
significant economic impact on a substantial number of small entities.
D. Paperwork Reduction Act
The requirements for information collection have been approved by
the Office of Management and Budget (OMB) under OMB control numbers
2137-0034 for shipping papers and 2137-0557 for approvals. Under the
Paperwork Reduction Act of 1995, no person is required to respond to a
collection of information unless it displays a valid OMB control
number.
E. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
F. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
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,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and 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, 49 CFR Chapter I is amended 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. 5101-5127; 49 CFR 1.53.
Sec. 171.2 [Amended]
2. In Sec. 171.2, in paragraph (d)(1), the wording `` `MC,' or
`UN';'' is removed and `` `CTC,' `MC,' or `UN';'' is added in its
place.
Sec. 171.7 [Amended]
3. In the Sec. 171.7(a)(3) Table, the following changes are made:
a. Under ``American Pyrotechnics Association'', for the entry ``APA
Standard 87-1, Standard for Construction and Approval for
Transportation of Fireworks and Novelties'', the wording ``Fireworks
and Novelties'' is revised to read ``Fireworks, Novelties, and
Theatrical Pyrotechnics'' and the wording ``April 1993 Edition'' is
revised to read ``January 23, 1998 version''.
b. Under ``American Society for Testing and Materials'', for the
entry ``ASTM D 56-93 Standard Test Method for Flash Point by Tag Closed
Tester'', the wording ``ASTM 56-93'' is revised to read ``ASTM D 56-
97a''.
[[Page 10753]]
c. Under ``American Society for Testing and Materials'', for the
entry ``ASTM 93-94 Standard Test Methods for Flash Point by Pensky-
Martens Closed Tester'', the wording ``Closed Tester'' is revised to
read ``Closed Cup Tester'' and the wording ``ASTM 93-94'' is revised to
read ``ASTM D 93-97''.
d. Under ``American Society for Testing Materials'', for the entry
``ASTM D 3278-95 Standard Test Methods for Flash Point of Liquids by
Setaflash Closed-Cup Apparatus,'' the word ``Setaflash'' is revised to
read ``Small Scale'' and the wording ``ASTM D 3278-95'' is revised to
read ``ASTM D 3278-96''.
e. Under ``American Society for Testing Materials'', for the entry
``ASTM D 3828-93 Standard Test Methods for Flash Point by Small Scale
Closed Tester'', the wording ``ASTM D 3828-93'' is revised to read
``ASTM D 3828-97''.
f. Under ``Department of Defense (DOD),'' for the entry ``DOD TB
700-2; NAVSEAINST 8020.8; AFTO 11A-1-47; DLAR 8220.1: Explosives Hazard
Classification Procedure, December 1989'', the number A8020.8'' is
revised to read 8020.8B'' and the wording ``Procedure, December 1989''
is revised to read ``Procedures, January 1998''.
g. Under ``International Organization for Standardization'', a new
entry ``ISO 8115 Cotton bales--Dimensions and density, 1986 Edition''
is added in alpha-numeric order in the first column and the reference
``172.102'' is added in the second column.
h. Under ``United Nations'', for the entry ``UN Recommendations on
the Transport of Dangerous Goods, Ninth Revised Edition (1995)'', the
wording ``Ninth Revised Edition (1995)'' is revised to read ``Tenth
Revised Edition (1997)'' and in the second column, the reference
A172.519;'' is removed.
i. Under ``United Nations'', for the entry ``UN Recommendations on
the Transport of Dangerous Goods, Manual of Tests and Criteria'', in
the second column, the reference ``172.102,'' is added immediately
before ``173.21''.
4. In Sec. 171.8, the following definitions are revised to read as
follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
N.O.S. means not otherwise specified.
N.O.S. description means a shipping description from the
Sec. 172.101 table which includes the abbreviation n.o.s.
* * * * *
Sec. 171.11 [Amended]
5. In Sec. 171.11, in paragraph (d)(14), the wording ``An aerosol''
is removed and ``Except as provided for limited quantities of
compressed gases in containers of not more than 4 fluid ounces capacity
under Sec. 173.306(a)(1) of this subchapter, aerosols'' is added in its
place.
Sec. 171.12 [Amended]
6. In Sec. 171.12, in paragraph (b)(17), the wording ``An aerosol''
is removed and ``Except as provided for limited quantities of
compressed gases in containers of not more than 4 fluid ounces capacity
under Sec. 173.306(a)(1) of this subchapter, aerosols'' is added in its
place.
Sec. 171.12a [Amended]
7. in Sec. 171.12a, in paragraph (b)(16), the wording ``An
aerosol'' is removed and ``Except as provided for limited quantities of
compressed gases in containers of not more than 4 fluid ounces capacity
under Sec. 173.306(a)(1) of this subchapter, aerosols'' is added in its
place.
8. In Sec. 171.14, paragraph (d) introductory text and paragraph
(d)(1) are revised and paragraph (d)(3) is added to read as follows:
Sec. 171.14 Transitional provisions for implementing certain
requirements.
* * * * *
(d) A final rule published in the Federal Register on March 5,
1999, effective October 1, 1999, resulted in revisions to this
subchapter. During the transition period provided in paragraph (d)(1)
of this section, a person may elect to comply with either the
applicable requirements of this subchapter in effect on September 30,
1999, or the requirements of this subchapter in the March 5, 1999 final
rule, in effect on October 1, 1999.
(1) Transition dates. The effective date of the March 5, 1999 final
rule is October 1, 1999. A delayed compliance date of October 1, 2000
is authorized. On October 1, 2000, all applicable regulatory
requirements adopted in the March 5, 1999 final rule in effect on
October 1, 1999 must be met.
* * * * *
(3) Until October 1, 2003, the KEEP AWAY FROM FOOD labeling and
placarding requirements in effect on September 30, 1999, may continue
to be used in place of the new requirements for Division 6.1, Packing
Group III materials.
* * * * *
Sec. 171.14 [Amended]
9. In addition, in Sec. 171.14, the following changes are made:
a. In the table in paragraph (b), in Column 1, the entry ``Division
6.1, PG I and II (other than Zone A or B inhalation hazard)'' is
revised to read ``Division 6.1, PG I (other than Zone A or B inhalation
hazard), PG II, or PG III''.
b. In the table in paragraph (b), the entry ``Division 6.1, PG
III'' is removed.
c. In paragraph (d)(2), in the first sentence, the wording ``in
effect on September 30, 1997, or new requirements of this subchapter in
the May 6, 1997 rule, in effect on October 1, 1997,'' is removed and
``in effect on September 30, 1999, or new requirements of this
subchapter in the March 5, 1999 final rule, in effect on October 1,
1999,'' is added in its place.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
10. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
11. In Sec. 172.101, paragraph (b) introductory text is revised,
paragraphs (b)(4) and (b)(5) are redesignated as paragraphs (b)(5) and
(b)(6) respectively, and a new paragraph (b)(4) is added to read as
follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
(b) Column 1: Symbols. Column 1 of the Table contains six symbols
(``+'', ``A'', ``D'', ``G'', ``I'' and ``W'' as follows:
* * * * *
(4) The letter ``G'' identifies proper shipping names for which one
or more technical names of the hazardous material must be entered in
parentheses, in association with the basic description. (See
Sec. 172.203(k).)
* * * * *
Sec. 172.101 [Amended]
12. In addition, in Sec. 172.101, in paragraph (g), in the Label
Substitution Table, the following changes are made:
a. In Column 1, the language ``6.1 (I or II, other than Zone A or B
inhalation hazard)'' is revised to read ``6.1 (other than inhalation
hazard, Zone A or B)''.
b. The entry ``6.1 (III)\2\'' is removed.
13. In Sec. 172.101, the Hazardous Materials Table is amended by
removing, adding, or revising, in appropriate alphabetical sequence,
the following entries to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 10754]]
Sec. 172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.* * *) (9) Quantity limitations (10) Vessel stowage
materials ---------------------------------------------------------------------------------------------------------
Symbols descriptions and Hazard class Identification PG Label codes Special provisions
proper shipping or division numbers Exceptions Non-bulk Bulk Passenger Cargo Location Other
names aircraft/rail aircraft only
(1) (2).............. (3)........... (4)............. (5)........... (6).............. (7).................. (8A)......... (8B).......... (8C)......... (9A)......... (9B)......... (10A)........ (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE]
* * * * * * *
Acetic acid
solution, with
more than 10
percent but not
more than 80
percent acid, by
mass (UN2790)
(PG II).
* * * * * * *
Air bag inflators
or Air bag
modules or Seat-
belt pre-
tensioners.
* * * * * * *
Alkali metal
amalgams.
* * * * * * *
Amyl alcohols (PG
II, III).
* * * * * * *
Automobile,
motorcycle,
tractor, or
other self-
propelled
vehicle, engine,
or other
mechanical
apparatus. see
Engines or
Battery etc.
* * * * * * *
Battery, wet,
with wheelchair,
see Wheelchair,
electric.
* * * * * * *
Benzoic
derivative
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
(UN2770) (PG I,
II).
[[Page 10755]]
Benzoic
derivative
pesticides,
liquid, toxic.
(UN 3004) (PG I,
II, III).
Benzoic
derivative
pesticides,
liquid, toxic,
flammable,
flashpoint not
less than 23
degrees C. (UN
3003) (PG I, II,
III).
Benzoic
derivative
pesticides,
solid, toxic (UN
2769) (PG I, II,
III).
* * * * * * *
Charges, shaped,
commercial,
without
detonator (UN
0059).
Charges, shaped,
commercial,
without
detonator (UN
0439).
Charges, shaped,
commercial
without
detonator (UN
0440).
Charges, shaped,
commercial
without
detonator (UN
0441).
* * * * * * *
Dithiocarbamate
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
(UN 2772) (PG I,
II).
Dithiocarbamate
pesticides,
liquid, toxic
(UN 3006) (PG I,
II, III).
Dithiocarbamate
pesticides,
liquid, toxic,
flammable,
flashpoint not
less than 23
degrees C. (UN
3005) (PG I, II,
III).
Dithiocarbamate
pesticides,
solid, toxic (UN
2771) (PG I, II,
III).
[[Page 10756]]
* * * * * * *
Elevated
temperature
liquid, n.o.s.,
at or above 100
C and below its
flash point
(UN3257).
* * * * * * *
Engines, internal
combustion,
including when
fitted in
machinery or
vehicles.
* * * * * * *
Ethyl
cyanoacetate.
* * * * * * *
* * * * * * *
D Hexafluoropropyle
ne oxide.
* * * * * * *
Hydrocarbon
gases,
compressed,
n.o.s.
Hydrocarbon
gases,
liquefied, n.o.s.
* * * * * * *
Metal alkyl
halides, n.o.s.
or Metal aryl
halides, n.o.s.
Metal alkyl
hydrides, n.o.s.
or Metal aryl
hydrides, n.o.s.
* * * * * * *
Metal alkyls,
n.o.s. or Metal
aryls, n.o.s.
* * * * * * *
I Nitrogen
triflouride,
compressed
(Class 2.3).
[[Page 10757]]
* * * * * * *
Nitroglycerin
mixture with
more than 2
percent but not
more than 10
percent
nitroglycerin,
by mass,
desensitized.
* * * * * * *
2,5-Norbornadiene
or Bicyclo
[2,2,1]hepta-2,5-
diene, inhibited.
* * * * * * *
Octyl aldehydes,
flammable.
* * * * * * *
Phenoxy
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
(PG I, II).
Phenoxy
pesticides,
liquid toxic (PG
I, II, III).
Phenoxy
pesticides,
liquid, toxic,
flammable,
flashpoint not
less than 23
degrees C. (PG
I, II, III).
Phenoxy
pesticides,
solid, toxic (PG
I, II, III).
* * * * * * *
Phenyl urea
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
(PG I, II).
* * * * * * *
Phenyl urea
pesticides,
liquid, toxic,
flammable flash
point not less
than 23 degrees
C. (PG I, II,
III).
[[Page 10758]]
Phenyl urea
pesticides,
solid, toxic (PG
I, II, III).
* * * * * * *
Phthalimide
derivative
pesticides,
liquid,
flammable,
toxic, flash
point less than
23 degrees C.
(PG I, II).
Phthalimide
derivative
pesticides,
liquid, toxic
(PG I, II, III).
Phthalimide
derivative
pesticides,
liquid, toxic,
flammable,
flashpoint not
less than 23
degrees C. (PG
I, II, III).
Phthalimide
derivative
pesticides,
solid, toxic (PG
I, II, III).
* * * * * * *
A W Polychlorinated
biphenyls.
* * * * * * *
Pyrophoric
organometallic
compound, n.o.s.
* * * * * * *
D Vehicles, self-
propelled
including
internal
combustion
engines or other
apparatus
containing an
internal
combustion
Engine or
electric storage
battery, see
Engines etc. or
Battery powered
etc. or Wheel
chair, electric).
[[Page 10759]]
* * * * * * *
A D Wheel chair,
electric
(spillable or
non-spillable
type batteries).
* * * * * * *
[ADD:]
* * * * * * *
Acetic acid 8............. UN2790.......... II............ 8................ A3, A6, A7, A10, B2, 154.......... 202........... 242.......... 1 L.......... 30 L......... A
solution, not T8.
less than 50
percent but not
more than 80
percent acid, by
mass.
Acetic acid 8............. UN2790.......... III........... 8................ T8................... 154.......... 203........... 242.......... 5 L.......... 60 L......... A
solution, with
more than 10
percent and less
than 50 percent
acid, by mass.
* * * * * * *
Air bag 2.2........... UN3353.......... .............. 2.2.............. 133.................. 166.......... 166........... 166.......... 75 kg........ 150 kg....... A
inflators,
compressed gas
or Air bag
modules,
compressed gas
or Seat-belt
pretensioners,
compressed gas.
Air bag 9............. UN3268.......... III........... 9................ ..................... 166.......... 166........... 166.......... 25 kg........ 100 kg....... A
inflators,
pyrotechnic or
Air bag modules,
pyrotechnic or
Seat-belt
pretensioner,
pyrotechnic.
* * * * * * *
Alkali metal 4.3........... UN1389.......... I............. 4.3.............. A2, A3, N34.......... None......... 201........... 244.......... Forbidden.... 1 L.......... D............ 40
amalgam, liquid.
Alkali metal 4.3........... UN1389.......... I............. 4.3.............. B101, B106, N40...... None......... 211........... 242.......... Forbidden.... 15 kg........ D
amalgam, solid.
* * * * * * *
Automobile,
motorcycle,
tractor, other
self-propelled
vehicle, engine,
or other
mechanical
apparatus, see
Vehicles or
Battery etc.
G Aviation 9............. UN3334.......... .............. 9................ A35.................. 155.......... 204........... ............. No limit..... No limit..... A
regulated
liquid, n.o.s.
G Aviation 9............. UN3335.......... .............. 9................ A35.................. 155.......... 204........... ............. No limit..... No limit..... A
regulated solid,
n.o.s.
[[Page 10760]]
* * * * * * *
Bicyclo [2,2,1] 3............. UN2251.......... II............ 3................ ..................... 150.......... 202........... 242.......... 5 L.......... 60 L......... D
hepta-2, 5-
diene, inhibited
or 2,5-Norbor-
nadiene,
inhibited.
* * * * * * *
Bromopropanes.... 3............. UN2344.......... III........... 3................ T2................... 150.......... 203........... 242.......... 60 L......... 220 L........ A
* * * * * * *
* * * * * * *
Charges, shaped, 1.1D.......... UN0059.......... II............ 1.1D............. ..................... None......... 62............ None......... Forbidden.... Forbidden.... B............
without
detonator.
Charges, shaped, 1.2D.......... UN0439.......... II............ 1.2D............. ..................... None......... 62............ None......... Forbidden.... Forbidden.... B............
without
detonator.
Charges, shaped, 1.4D.......... UN0440.......... II............ 1.4D............. ..................... None......... 62............ None......... Forbidden.... 75........... A............ 24E
without
detonator.
Charges, shaped, 1.4S.......... UN0441.......... II............ 1.4S............. ..................... None......... 62............ None......... 25 kg........ 100 kg....... A
without
detonator.
* * * * * * *
D Dangerous Goods .............. NA8001.......... .............. ................. 136.................. None......... 222........... None......... No limit..... No limit..... A
in Machinery or
Dangerous Goods
in Apparatus.
* * * * * * *
G Dyes, solid, 8............. UN3147.......... 1............. 8................ ..................... None......... 211........... 242.......... 1 kg......... 25 kg........ A
corrosive,
n.o.s. or Dye
intermediates,
solid,
corrosive, n.o.s.
* * * * * * *
Elevated 9............. UN3257.......... III........... 9................ T1................... None......... None.......... 247.......... Forbidden.... Forbidden.... A............ 85
temperature
liquid, n.o.s.,
at or above 100
C and below its
flash point
(including
molten metals,
molten salts,
ect.).
* * * * * * *
[[Page 10761]]
* * * * * * *
Engines, internal 9............. UN3166.......... .............. 9................ 135.................. 220.......... 220........... 220.......... Forbidden.... No limit..... A
combustion,
flammable gas
powered.
Engines, internal 9............. UN3166.......... .............. 9................ 135.................. 220.......... 220........... 220.......... No limit..... No limit..... A
combustion,
flammable liquid
powered.
* * * * * * *
G Flammable solid, 4.1........... UN3097.......... II............ 4.1, 5.1......... 131.................. None......... 214........... 214.......... Forbidden.... Forbidden.... E............ 40
oxidizing, n.o.s.
G ................. .............. ................ III........... 4.1, 5.1......... 131.................. None......... 214........... 214.......... Forbidden.... Forbidden.... D............ 40
* * * * * * *
Fumigated lading,
see Secs.
172.302(g),
173.9 and
176.76(h).
* * * * * * *
G Hydrocarbon gas 2.1........... UN1964.......... .............. 2.1.............. ..................... 306.......... 302........... 314, 315..... Forbidden.... 150 kg....... E............ 40
mixture,
compressed,
n.o.s.
G Hydrocarbon gas 2.1........... UN1965.......... .............. 2.1.............. ..................... 306.......... 304........... 314, 315..... Forbidden.... 150 kg....... E............ 40
mixture,
liquefied, n.o.s.
* * * * * * *
G Insecticide 2.1........... UN3354.......... .............. 2.1.............. ..................... 306.......... 304........... 314, 315..... Forbidden.... 150 kg....... D............ 40
gases,
flammable, n.o.s.
* * * * * * *
G. Insecticide 2.3........... UN3355.......... .............. 2.3, 2.1......... 1.................... None......... 192........... 245.......... Forbidden.... Forbidden.... D............ 40
gases, toxic,
flammable,
n.o.s.
Inhalation
hazard Zone A.
G Insecticide 2.3........... UN3355.......... .............. 2.3, 2.1......... 2, B9, B14........... None......... 302, 305...... 314, 315..... Forbidden.... Forbidden.... D............ 40
gases, toxic,
flammable,
n.o.s.
Inhalation
hazard Zone B.
G Insecticide 2.3........... UN3355.......... .............. 2.3, 2.1......... 3, B14............... None......... 302, 305...... 314, 315..... Forbidden.... Forbidden.... D
gases, toxic,
flammable,
n.o.s.
Inhalation
hazard Zone C.
G Insecticide gases 2.3........... UN3355.......... .............. 2.3, 2.1......... 4.................... None......... 302, 305...... 314, 315..... Forbidden.... Forbidden.... D .............
toxic,
flammable,
n.o.s.
Inhalation
hazard Zone D.
* * * * * * *
Lithium batteries 9............. UN3091.......... II............ 9................ 29................... 185.......... 185........... None......... 5 kg gross... 35 kg gross.. A .............
packed with
equipment.
[[Page 10762]]
* * * * * * *
Mercaptans, 3............. UN3336.......... I............. 3................ T23.................. 150.......... 201........... 243.......... 1 L.......... 30 L......... E............ 95
liquid,
flammable,
n.o.s. or
Mercaptan
mixture, liquid,
flammable,
n.o.s..
................. .............. ................ II............ 3................ T8, T31.............. 150.......... 202........... 242.......... 5 L.......... 60 L......... B............ 95
................. .............. ................ III........... 3................ B1, B52, T7, T30..... 150.......... 203........... 241.......... 60 L......... 220 L........ B............ 95
* * * * * * *
Metal alkyl 4.2........... UN3049.......... I............. 4.2, 4.3......... B9, B11, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............
halides, water- T40.
reactive n.o.s.
or Metal aryl
halides, water-
reactive, n.o.s..
Metal alkyl 4.2........... UN3050.......... I............. 4.2, 4.3......... B9, B11, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............
hydrides, water- T40.
reactive, n.o.x.
or Metal aryl
hydrides, water-
reactive, n.o.s..
Metal alkyls, 4.2........... UN2003.......... I............. 4.2, 4.3......... B11, T42............. None......... 181........... 244.......... Forbidden.... Forbidden.... D .............
water-reactive,
n.o.s. or Metal
aryls, water-
reactive n.o.s..
* * * * * * *
Nitroglycerin 3............. UN3343.......... .............. 3................ 129.................. None......... 214........... None......... Forbidden.... Forbidden.... D .............
mixture,
desensitized,
liquid,
flammable,
n.o.s. with not
more than 30
percent
nitroglycerin,
by mass..
Nitroglycerin 4.1........... UN3319.......... II............ 4.1.............. 118.................. None......... None.......... None......... Forbidden.... 0.5 kg....... E .............
mixture,
desensitized,
solid, n.o.s.
with more than 2
percent but not
more than 10
percent
nitroglycerin,
by mass..
* * * * * * *
Octyl aldehydes.. 3............. UN1191.......... III........... 3................ B1, T1............... 150.......... 203........... 242.......... 60 L......... 220 L........ A .............
[[Page 10763]]
* * * * * * *
Pentaerythrite 4.1........... UN3344.......... II............ 4.1.............. 118.................. None......... 214........... None......... Forbidden.... Forbidden.... E............ 40
tetranitrate
mixture,
desensitized,
solid, n.o.s.
with more than
10 percent but
not more than 20
percent PETN, by
mass.
* * * * * * *
Pentanols........ 3............. UN1105.......... II............ 3................ T1................... 150.......... 202........... 242.......... 5 L.......... 60 L......... B .............
................. .............. ................ III........... 3................ B1, B3, T1........... 150.......... 203........... 242.......... 60 L......... 220 L........ A .............
* * * * * * *
Phenoxyacetic 3............. UN3346.......... I............. 3, 6.1........... T23.................. None......... 201........... 243.......... Forbidden.... 30 L......... B............ 40
acid derivative
pesticide,
liquid,
flammable, toxic
flashpoint less
than 23 deg.C..
................. .............. ................ II............ 3, 6.1........... T14.................. None......... 202........... 243.......... 1 L.......... 60 L......... B............ 40
Phenoxyacetic 6.1........... UN3348.......... I............. 6.1.............. T24, T26............. None......... 201........... 243.......... 1 L.......... 30 L......... B............ 40
acid derivative
pesticide,
liquid, toxic.
................. .............. ................ II............ 6.1.............. T14.................. 153.......... 202........... 243.......... 5 L.......... 60 L......... B............ 40
................. .............. ................ III........... 6.1.............. T14.................. 153.......... 203........... 241.......... 60 L......... 220 L........ A............ 40
Phenoxyacetic 6.1........... UN3347.......... I............. 6.1, 3........... T24, T26............. None......... 201........... 243.......... 1 L.......... 30 L......... B............ 40
acid derivative
pesticide,
liquid, toxic,
flammable,
flashpoint not
less than 23
deg.C.
................. .............. ................ II............ 6.1, 3........... T14.................. 153.......... 202........... 243.......... 5 L.......... 60 L......... B............ 40
................. .............. ................ III........... 6.1, 3........... T14.................. 153.......... 203........... 241.......... 60 L......... 220 L........ A............ 40
Phenoxyacetic 6.1........... UN3345.......... I............. 6.1.............. ..................... None......... 211........... 242.......... 5 kg......... 50 kg........ A............ 40
acid derivative
pesticide,
solid, toxic.
II............ 6.1.............. ..................... 153.......... 212........... 242.......... 25 kg........ 100 kg....... A............ 40
III........... 6.1.............. ..................... 153.......... 213........... 240.......... 100 kg....... 200 kg....... A............ 40
* * * * * * *
A, W........... Polychlorinated 9............. UN2315.......... II............ 9................ 9, 81................ 155.......... 202........... 241.......... 100 L........ 220 L........ A............ 34
biphenyls,
liquid.
A, W........... Polychlorinated 9............. UN2315.......... II............ 9................ 9, 81................ 155.......... 212........... 240.......... 100 kg....... 200 kg....... A............ 34
biphenyls, solid.
* * * * * * *
Pyrethroid 3............. UN3350.......... I............. 3, 6.1........... T24, T26............. None......... 201........... 243.......... Forbidden.... 30 L......... B............ 40
pesticide,
liquid,
flammable,
toxic,
flashpoint less
than 23 deg.C.
II............ 3, 6.1........... T14.................. None......... 202........... 243.......... 1 L.......... 60 L......... B............ 40
Pyrethroid 6.1........... UN3352.......... I............. 6.1.............. ..................... None......... 211........... 242.......... 1 L.......... 30 L......... A............ 40
pesticide,
liquid toxic.
II............ 6.1.............. ..................... 153.......... 212........... 242.......... 5 L.......... 60 L......... A............ 40
III........... 6.1.............. ..................... 153.......... 213........... 240.......... 60 L......... 220 L........ A............ 40
[[Page 10764]]
Pyrethroid 6.1........... UN3351.......... I............. 6.1, 3........... T24, T26............. None......... 201........... 243.......... 1 L.......... 30 L......... B............ 40
pesticide,
liquid,
flammable,
toxic,
flashpoint not
less than 23
deg.C.
II............ 6.1, 3........... T14.................. 153.......... 202........... 243.......... 5 L.......... 60 L......... B............ 40
III........... 6.1, 3........... T14.................. 153.......... 203........... 241.......... 60 L......... 220 L........ B............ 40
Pyrethroid 6.1........... UN3349.......... I............. 6.1.............. ..................... None......... 211........... 242.......... 5 kg......... 50 kg........ A............ 40
pesticide,
soild, toxic.
II............ 6.1.............. ..................... 153.......... 212........... 242.......... 25 kg........ 100 kg....... A............ 40
III........... 6.1.............. ..................... 153.......... 213........... 230.......... 100 kg....... 200 kg....... A............ 40
* * * * * * *
G Pyrophoric 4.2........... UN3203.......... I............. 4.2, 4.3......... T28, T40............. None......... 187........... 242.......... Forbidden.... Forbidden.... D .............
organometallic
compound, water-
reactive, n.o.s.
* * * * * * *
Refrigerant gas R 2.2........... UN3337.......... .............. 2.2.............. ..................... 306.......... 304........... 314, 315..... 75 kg........ 150 kg....... A .............
404A.
Refrigerant gas R 2.2........... UN3338.......... .............. 2.2.............. ..................... 306.......... 304........... 314, 315..... 75 kg........ 150 kg....... A .............
407A.
Refrigerant gas R 2.2........... UN3339.......... .............. 2.2.............. ..................... 306.......... 304........... 314, 315..... 75 kg........ 150 kg....... A .............
407B.
Refrigerant gas R 2.2........... UN3340.......... .............. 2.2.............. ..................... 306.......... 304........... 314, 315..... 75 kg........ 150 kg....... A .............
407C.
* * * * * * *
Thiocarbamate 3............. UN2772.......... I............. 3, 6.1........... ..................... None......... 201........... 243.......... Forbidden.... 30 L......... B............ 40
pesticide,
liquid,
flammable,
toxic, flash
point less than
23 degrees C .
II............ 3, 6.1........... ..................... None......... 202........... 243.......... 1 L.......... 60 L......... B............ 40
Thiocarbamate 6.1........... UN3006.......... I............. 6,1.............. T42.................. None......... 201........... 243.......... 1 L.......... 30 L......... B............ 40
pesticide,
liquid, toxic.
II............ 6.1.............. T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... B............ 40
III........... 6.1.............. T14.................. 153.......... 203........... 241.......... 60 L......... 220 L........ A............ 40
Thiocarbamate 6.1........... UN3305.......... I............. 6.1, 3........... T42.................. None......... 201........... 243.......... 1 L.......... 30 L......... B............ 40
pesticides,
liquid,
flammable,
toxic, flash
point not less
than 23 degrees
C .
II............ 6.1, 3........... T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... B............ 40
III........... 6.1, 3........... T13.................. 153.......... 203........... 242.......... 60 L......... 220 L........ A............ 40
Thiocarbamate 6.1........... UN2771.......... I............. 6.1.............. ..................... None......... 211........... 242.......... 5 kg......... 50 kg........ A............ 40
pesticides,
solid, toxic.
II............ 6.1.............. ..................... None......... 212........... 242.......... 25 kg........ 100 kg....... A............ 40
[[Page 10765]]
III........... 6.1.............. ..................... 153.......... 213........... 240.......... 100 kg....... 200 kg....... A............ 40
* * * * * * *
Thiourea dioxide. 4.2........... UN3341.......... II............ 4.2.............. ..................... None......... 212........... 241.......... 15 kg........ 50 kg........ D .............
................. .............. ................ III........... 4.2.............. ..................... None......... 213........... 241.......... 25 kg........ 100 kg....... D .............
* * * * * * *
Vehicle, 9............. UN3166.......... .............. 9................ 135.................. 220.......... 220........... 220.......... Forbidden.... No limit..... A .............
flammable gas
powered.
Vehicle, 9............. UN3166.......... .............. 9................ 135.................. 220.......... 220........... 220.......... No limit..... No limit..... A .............
flammable liquid
powered.
* * * * * * *
Wheel chair, ............ .............. ............ ............... ................... ........... ............ ........... ........... ........... ...........
electric, see
Battery powered
vehicle or
Battery powered
equipment.
* * * * * * *
Xanthates........ 42............ UN3342.......... II............ 4.2.............. ..................... None......... 212........... 241.......... 15kg......... 50kg......... D............ 40
* * * * * * *
III........... 4.2.............. ..................... None......... 213........... 241.......... 25kg......... 100kg........ D............ 40
[REVISE:]
* * * * * * *
Acetonitrile..... 3............. UN1648.......... II............ 3................ T14.................. 150.......... 202........... 242.......... 5L........... 60L.......... B............ 40
* * * * * * *
Aerosols, 2.1........... UN1950.......... .............. 2.1.............. N82.................. 306.......... None.......... None......... Forbidden.... 150kg........ A............ 40, 48, 85
flammable,
n.o.s. (engine
starting fluid)
(each not
exceeding 1 L
capacity).
* * * * * * *
G Alkaline earth 4.2........... UN3205.......... III........... 4.2.............. 65................... None......... 213........... 241.......... 25kg......... 100kg........ B .............
metal
alcoholates,
n.o.s.
* * * * * * *
Aluminum alkyl 4.2........... UN3052.......... I............. 4.2, 4.3......... B9, B11, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............
halides. T40.
Aluminum alkyl 4.2........... UN3076.......... I............. 4.2, 4.3......... B9, B11, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............
hydrides. T40.
Aluminum alkyls.. 4.2........... UN3051.......... I............. 4.2, 4.3......... B9, B11, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D .............
T40.
* * * * * * *
+ Aminophenols (o-; 6.1........... UN2512.......... III........... 6.1.............. TI................... 153.......... 213........... 240.......... 100 kg....... 200 kg....... A .............
m-; p).
[[Page 10766]]
* * * * * * *
A, W Ammonium nitrate 9............. UN2071.......... III........... 9................ 132.................. 155.......... 213........... 240.......... 200 kg....... 200 kg....... A .............
fertilizers:
uniform non-
segregating
mixtures of
nitrogen/
phosphate or
nitrogen/postash
types or
complete
fertilizers of
nitrogen/
phosphate/
postash type,
with not more
than 70 percent
ammonium nitrate
and not more
than 0.4 percent
total added
combustible
material or with
not more than 45
percent ammonium
nitrate with
unrestricted
combustible
material.
* * * * * * *
G Articles, 1.4C.......... UN0351.......... II............ 1.4C............. 101.................. None......... 62............ None......... Forbidden.... 75 kb........ A............ 24E
explosive, n.o.s.
G Articles, 1.4D.......... UN0352.......... II............ 1.4D............. 101.................. None......... 62............ None......... Forbidden.... 75 kg........ A............ 24E
explosive, n.o.s.
G Articles, 1.4G.......... UN0353.......... II............ 1.4G............. 101.................. None......... 62............ None......... Forbidden.... 75 kg........ A............ 24E
explosive, n.o.s.
* * * * * * *
Batteries, wet, 8............. UN2794.......... III........... 8................ ..................... 159.......... 159........... 159.......... 30 kg gross.. No limit..... A .............
filed with acid,
electric storage.
Batteries, wet, 8............. UN2795.......... III........... 8................ ..................... 159.......... 159........... 159.......... 30 kg gross.. No limit..... A .............
filed with acid,
electric storage.
* * * * * * *
Batteries, dry, .............. ................ .............. ................. 130.................. ............. .............. ............. ............. ............. ............. .............
not subject to
the requirements
of this
subchapter .
* * * * * * *
Battery-powered 9............. UN3171.......... .............. 9................ 134.................. 220.......... 220........... None......... No limit..... No limit.
vehicle or
Battery-powered
equipment.
[[Page 10767]]
* * * * * * *
+ Bromine or 8............. UN1744.......... I............. 8, 6.1........... 1, A3, A6, B9, B64, None......... 226........... 249.......... Forbidden.... Forbidden.... ............. 12, 40, 66,
Bromine B85, N34, N43, T18, 74, 89, 90
solutions. T41.
* * * * * * *
+ Chlorodinitrobenz 6.1........... UN1577.......... II............ 6.1.............. T14.................. None......... 212........... 242.......... 25 kg........ 100 kg A............ 91
enes.
* * * * * * *
Chlorosilanes, 8............. UN2987.......... II............ 8................ B2, T14, T26......... 154.......... 202........... 242.......... 1 L.......... 30 L......... C............ 40
corrosive, n.o.s.
Chlorosilanes, 3............. UN2985.......... II............ 3, 8............. B100, T17, T26....... None......... 201........... 243.......... 1 L.......... 5 L.......... B............ 40
flammable,
corrosive, n.o.s.
Chlorosilanes, 4.3........... UN2988.......... I............. 4.3,3,8.......... A2, T18, T26......... None......... 201........... 244.......... Forbidden.... 1 L.......... D............ 21, 28, 40,
water-reactive, 49, 100
flammable,
corrosive, n.o.s.
* * * * * * *
D, W Cotton........... 9............. NA1365.......... .............. 9................ 137, W41............. None......... None.......... None......... No limit..... No limit..... A .............
A, W Cotton waste, 4.2........... UN1364.......... III........... 4.2.............. ..................... None......... 213........... None......... Forbidden.... Forbidden.... A............ 54
oily.
* * * * * * *
Detonator 1.4S.......... UN0500.......... II............ 1.4S............. ..................... 63(f), 63(g). 62............ None......... 25 kg........ 100 kg....... A .............
assemblies, non-
electric for
blasting.
* * * * * * *
Detonators, 1.4S.......... UN0456.......... II............ 1.4S............. ..................... 63(f), 63(g). 62............ None......... 25 kg........ 100 kg....... A .............
electric for
blasting.
* * * * * * *
Detonators for 1.4S.......... UN0366.......... II............ 1.4S............. ..................... None......... 62............ None......... 25 kg........ 100 kg....... A .............
ammunition.
* * * * * * *
Detonators, non- 1.4S.......... UN0455.......... II............ 1.4S............. ..................... 63(f), 63(g). 62............ None......... 25 kg........ 100 kg....... A .............
electric for
blasting.
* * * * * * *
+ Dichloroamilines, 6.1........... UN1590.......... II............ 6.1.............. T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... A............ 40
liquid.
+ Dichloroanilines, 6.1........... UN1590.......... II............ 6.1.............. T14.................. None......... 212........... 242.......... 25 kg........ 100 kg....... A............ 40
solid.
+ o-Dichlorobenzene 6.1........... UN1591.......... III........... 6.1.............. T7................... 153.......... 203........... 241.......... 60 L......... 220 L........ A .............
* * * * * * *
Dichlorophenyl 6.1........... UN2250.......... II............ 6.1.............. ..................... None......... 212........... 242.......... 25 kg........ 100 kg....... B............ 25, 40, 48
isocyanates.
* * * * * * *
+ N, N- 6.1........... UN2432.......... III........... 6.1.............. T2................... 153.......... 203........... 241.......... 60 L......... 220 L........ A .............
Diethylaniline.
* * * * * * *
Diethylzinc...... 4.2........... UN1366.......... I............. 4.2, 4.3......... B11, T28, T40........ None......... 181........... 244.......... Forbidden.... Forbidden.... D............ 18
* * * * * * *
Dimethylzinc..... 4.2........... UN1370.......... I............. 4.2, 4.3......... B11, B16, T28, T29, None......... 181........... 244.......... Forbidden.... Forbidden.... D............ 18
T40.
[[Page 10768]]
* * * * * * *
G Environmentally 9............. UN3082.......... III........... 9................ 8, T1................ 155.......... 203........... 241.......... No limit..... No limit..... A .............
hazardous
substances,
liquid, n.o.s.
G Environmentally 9............. UN3077.......... III........... 9................ 8, B54, N20.......... 155.......... 213........... 240.......... No limit..... No limit..... A .............
hazardous
substances,
solid, n.o.s.
* * * * * * *
+ Epichlorohydrin.. 6.1........... UN2023.......... II............ 6.1, 3........... T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... A............ 40
* * * * * * *
A, W Fibers or 4.2........... UN1373.......... III........... 4.2.............. 137.................. None......... 213........... 241.......... Forbidden.... Forbidden.... A .............
Fabrics, animal
or vegetable or
Synthetic,
n.o.s. with
animal or
vegetable oil.
* * * * * * *
Hexamethylene 6.1........... UN2281.......... II............ 6.1.............. B101, T14............ None......... 202........... 243.......... 5 L.......... 60 L......... C............ 13, 40
diisocyanate.
* * * * * * *
Hydrogen 5.1........... UN2984.......... III........... 5.1.............. A1, B104, T8, T37.... 152.......... 203........... 241.......... 2.5 L........ 30 L......... B............ 25, 75, 106
peroxide,
aqueous
solutions with
not less than 8
percent but less
than 20 percent
hydrogen
peroxide
(stabilized as
necessary).
* * * * * * *
+ Isobutyl 3............. UN2486.......... I............. 3, 6.1........... 1, B9, B14, B30, B72, None......... 226........... 244.......... Forbidden.... Forbidden.... D............ 40
isocyanate. T37698, T43, T44.
[[Page 10769]]
* * * * * * *
G Isocyanates, 6.1........... UN3080.......... II............ 6.1, 3........... T15.................. None......... 202........... 243.......... 5 L.......... 60 L......... B............ 25, 40, 48
toxic,
flammable,
n.o.s. or
Isocyanate
solutions,
toxic,
flammable,
n.o.s., flash
point not less
than 23 degrees
C but not more
than 61 degrees
C and boiling
point less than
300 degrees C.
G Isocyanates, 6.1........... UN2206.......... II............ 6.1.............. T15.................. None......... 202........... 243.......... 5 L.......... 60 L......... E............ 25, 40, 48
toxic, n.o.s. or
Isocyanate
solutions,
toxic, n.o.s.,
flash point more
than 61 degrees
C and boiling
point less than
300 degrees C.
G Isocyanates, 6.1........... UN2206.......... III........... 6.1.............. T8................... 153.......... 203........... 241.......... 60 L......... 220 L........ E............ 25, 40, 48
toxic, n.o.s. or
Isocyanate
solutions,
toxic, n.o.s.,
flash point more
than 61 degrees
C and boiling
point less than
300 degrees C.
* * * * * * *
Isocyanatobenzotr 6.1........... UN2285.......... II............ 6.1, 3........... 5, B101, T14......... None......... 202........... 243.......... 5 L.......... 60 L......... D............ 25, 40, 48
ifluorides.
* * * * * * *
Lead compounds, 6.1........... UN2291.......... III........... 6.1.............. 138.................. 153.......... 213........... 240.......... 100 kg....... 200 kg....... A .............
soluble, n.o.s.
* * * * * * *
Magnesium alkyls. 4.2........... UN3053.......... I............. 4.2, 4.3......... B11, T28, T29, T40... None......... 181........... 244.......... Forbidden.... Forbidden.... D............ 18
* * * * * * *
Nitric acid other 8............. UN2031.......... I............. 8, 5.1........... B47, B53, T9, T27.... None......... 158........... 243.......... Forbidden.... 2.5 L........ D............ 44, 66, 89,
than red fuming, 90, 110, 111
with more than
70 percent
nitric acid.
* * * * * * *
+ Nitroanilines (o- 6.1........... UN1661.......... II............ 6.1.............. T14.................. None......... 212........... 242.......... 25 kg........ 100 kg....... A .............
; m-; p-;).
+ Nitroanisole..... 6.1........... UN2730.......... III........... 6.1.............. T8................... 153.......... 213........... 240.......... 100 kg....... 200 kg....... A .............
+ Nitrobenzene..... 6.1........... UN1662.......... II............ 6.1.............. T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... A............ 40
* * * * * * *
Nitrogen 2.2........... UN2451.......... .............. 2.2, 5.1......... ..................... None......... 302........... None......... Forbidden.... 25 kg........ D............ 40
trifluoride,
compressed.
[[Page 10770]]
* * * * * * *
+ Nitrophenols (o-; 6.1........... UN1663.......... III........... 6.1.............. T8, T38.............. 153.......... 213........... 240.......... 100 kg....... 200 kg....... A .............
m-; p-;).
* * * * * * *
Organic pigments, 4.2........... UN3313.......... III........... 4.2.............. ..................... None......... 213........... 241.......... 25 kg........ 100 kg....... C .............
self-heating.
* * * * * * *
G Organometallic 4.3........... UN3207.......... I............. 4.3, 3........... T28.................. None......... 201........... 244.......... Forbidden.... 1 L.......... E............ 40
compound or
Compound
solution or
Compound
dispersion,
water-reactive,
flammable, n.o.s.
G Organometallic 4.3........... UN3207.......... II............ 4.3, 3........... T28.................. None......... 202........... 243.......... 1 L.......... 5 L.......... E............ 40
compound or
Compound
solution or
Compound
dispersion,
water-reactive,
flammable, n.o.s.
G Organometallic 4.3........... UN3207.......... III........... 4.3, 3........... T28.................. None......... 203........... 242.......... 5 L.......... 60L.......... E............ 40
compound or
Compound
solution or
Compound
dispersion,
water-reactive,
flammable, n.o.s.
* * * * * * *
D Other regulated 9............. NA3082.......... III........... 9................ ..................... 155.......... 203........... 241.......... No limit..... No limit..... A .............
substances,
liquid, n.o.s.
D Other regulated 9............. NA3077.......... III........... 9................ B54.................. 155.......... 213........... 240.......... No limit..... No limit..... A............ .............
substances,
solid, n.o.s.
* * * * * * *
Oxygen generator, 5.1........... UN3356.......... II............ 5.1.............. 60, A51.............. None......... 212........... None......... Forbidden.... 25 kg gross.. D............ 56, 58, 69,
chemical. 106
* * * * * * *
+ Phenetidines..... 6.1........... UN2311.......... III........... 6.1.............. T7................... 153.......... 203........... 241.......... 60 L......... 220 L........ A .............
* * * * * * *
+ Phenylenediamines 6.1........... UN1673.......... III........... 6.1.............. ..................... 153.......... 213........... 240.......... 100 kg....... 200 kg....... A .............
(o-; m-; p-;).
* * * * * * *
Piperidine....... 8............. UN2401.......... I............. 8, 3............. T17.................. None......... 201........... 243.......... 0.5 L........ 2.5 L........ B .............
[[Page 10771]]
* * * * * * *
Plastic molding 9............. UN3314.......... III........... 9................ 32................... 155.......... 221........... 221.......... 100 kg....... 200 kg....... A............ 85, 87
compound in
dough, sheet or
extruded rope
form evolving
flammable vapor.
* * * * * * *
Polyester resin 3............. UN3269.......... .............. 3................ 40................... 152.......... 225........... None......... 5 kg......... 5 kg......... B .............
kit.
* * * * * * *
Polymeric beads, 9............. UN2211.......... III........... None............. 32................... 155.......... 221........... 221.......... 100 kg....... 200 kg....... A............ 85, 87
expandable,
evolving
flammable vapor.
* * * * * * *
Propyleneimine, 3............. UN1921.......... I............. 3, 6.1........... A3, N34, T24......... None......... 201........... 243.......... 1 L.......... 30 L......... B............ 40
inhibited.
* * * * * * *
Refrigerating 2.2........... UN2857.......... .............. 2.2.............. ..................... 306, 307..... 306........... 306, 307..... 450 kg....... 450 kg....... A .............
machines,
containing non-
flammable,
nontoxic,
liquefied gas or
ammonia solution
(UN2672).
* * * * * * *
Sodium azide..... 6.1........... UN1687.......... II............ 6.1.............. ..................... None......... 212........... 242.......... 25 kg........ 100 kg....... A............ 36, 52, 91
* * * * * * *
Sodium nitrite... 5.1........... UN1500.......... III........... 5.1, 6.1......... A1, A29.............. 152.......... 213........... 240.......... 25 kg........ 100 kg....... A............ 56, 58
* * * * * * *
D Sulfur........... 9............. NA1350.......... III........... 9................ 30, A1............... None......... None.......... 240.......... No limit..... No limit..... A............ 19, 74
I Sulfur........... 4.1........... UN1350.......... III........... 4.1.............. 30, A1, N20, T1...... None......... None.......... 240.......... No limit..... No limit..... A............ 19, 74
* * * * * * *
+ Toluene 6.1........... UN2078.......... II............ 6.1.............. B110, T14............ None......... 202........... 243.......... 5 L.......... 60 L......... D............ 25, 40
diisocyanate.
* * * * * * *
+ Toluidines liquid 6.1........... UN1708.......... II............ 6.1.............. T14.................. None......... 202........... 243.......... 5 L.......... 60 L......... A .............
+ Toluidines solid. 6.1........... UN1708.......... II............ 6.1.............. ..................... None......... 212........... 242.......... 25 kg........ 100 kg....... A .............
* * * * * * *
Vanadium 6.1........... UN2862.......... III........... 6.1.............. ..................... 153.......... 213........... 240.......... 100 kg....... 200 kg....... A............ 40
pentoxide, non-
fused form.
* * * * * * *
G Water-reactive 4.3........... UN3132.......... I............. 4.3, 4.1......... B101, B106, N40...... None......... 211........... 242.......... Forbidden.... 15 kg........ D .............
solid,
flammable, n.o.s.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 10772]]
Sec. 172.101 [Amended]
14. In addition, in Column (1), in the Sec. 172.101 Hazardous
Materials Table, new letter ``G'' is added for each of the following
entries:
Alcoholates solution, n.o.s., in alcohol.
Alcohols, flammable, toxic, n.o.s.
Aldehydes, flammable, toxic, n.o.s.
Alkali metal alcoholates, self-heating, corrosive, n.o.s.
Alkaline earth metal alcoholates, n.o.s.
Alkaloids, liquid, n.o.s. or Alkaloid salts, liquid, n.o.s.
Alkaloids, solid, n.o.s. or Alkaloid salts, solid, n.o.s. poisonous.
Amines, flammable, corrosive, n.o.s. or Polyamines, flammable,
corrosive, n.o.s.
Amines, liquid, corrosive, flammable, n.o.s. or Polyamines, liquid,
corrosive, flammable, n.o.s.
Amines, liquid, corrosive, n.o.s. or Polyamines, liquid, corrosive,
n.o.s.
Amines, solid, corrosive, n.o.s., or Polyamines, solid, corrosive,
n.o.s.
Ammunition, toxic with burster, expelling charge, or propelling
charge. (two entries, UN0020 and UN0021)
Articles, explosive, n.o.s. (UN0349, UN0350, UN0354, UN0355, UN0356,
UN0462, UN0463, UN0464, UN0465, UN0466, UN0467, UN0468, UN0469,
UN0470, UN0471, UN0472)
Caustic alkali liquids, n.o.s.
Chloroformates, toxic, corrosive, flammable, n.o.s.
Chloroformates, toxic, corrosive, n.o.s.
Combustible liquid, n.o.s.
Components, explosive train, n.o.s. (all four entries)
Compounds, cleaning liquid (two entries, NA1760 and NA1993)
Compressed gas, flammable, n.o.s.
Compressed gas, n.o.s.
Compressed gas, oxidizing, n.o.s.
Compressed gas, toxic, oxidizing, n.o.s. (All hazard zones, four
entries)
Compressed gases, toxic, flammable, n.o.s. (All hazard zones, four
entries)
Compressed gases, toxic, n.o.s. (All hazard zones, four entries)
Corrosive, liquid, acidic, inorganic, n.o.s.
Corrosive, liquid, acidic, organic, n.o.s.
Corrosive, liquid, basic, inorganic, n.o.s.
Corrosive, liquid, basic, organic, n.o.s.
Corrosive liquid, self-heating, n.o.s.
Corrosive liquids, flammable, n.o.s.
Corrosive liquids, n.o.s.
Corrosive liquids, oxidizing, n.o.s.
Corrosive liquids, toxic, n.o.s.
Corrosive liquids, water-reactive, n.o.s.
Corrosive, solid, acidic, inorganic, n.o.s.
Corrosive, solid, acidic, organic, n.o.s.
Corrosive, solid, basic, inorganic, n.o.s.
Corrosive, solid, basic, organic, n.o.s.
Corrosive solids, flammable, n.o.s.
Corrosive solids, n.o.s.
Corrosive solids, oxidizing, n.o.s.
Corrosive solids, self-heating, n.o.s.
Corrosive solids, toxic, n.o.s.
Corrosive solids, water-reactive, n.o.s.
Disinfectant, liquid, corrosive, n.o.s.
Disinfectants, liquid, corrosive n.o.s.
Disinfectants, liquid, toxic, n.o.s.
Disinfectants, solid, toxic, n.o.s.
Dispersant gases, n.o.s. see Refrigerant gases, n.o.s.
Dyes, liquid, corrosive, n.o.s. or Dye intermediates, liquid,
corrosive, n.o.s.
Dyes, liquid, toxic, n.o.s. or Dye intermediates, liquid, toxic,
n.o.s.
Dyes, solid, corrosive, n.o.s. or Dye intermediates, solid,
corrosive, n.o.s.
Dyes, solid, toxic, n.o.s. or Dye intermediates, solid, toxic,
n.o.s.
Flammable liquid, toxic, corrosive, n.o.s.
Flammable liquids, corrosive, n.o.s.
Flammable liquids, n.o.s.
Flammable liquids, toxic, n.o.s.
Flammable solid, corrosive, inorganic, n.o.s.
Flammable solid, inorganic, n.o.s.
Flammable solid, organic, molten, n.o.s.
Flammable solid, toxic, inorganic, n.o.s.
Flammable solids, corrosive, organic, n.o.s.
Flammable solids, organic, n.o.s.
Flammable solids, toxic, organic, n.o.s.
Gas, refrigerated liquid, flammable, n.o.s. (cryogenic liquid).
Gas, refrigerated liquid, n.o.s. (cryogenic liquid).
Gas, refrigerated liquid, oxidizing, n.o.s. (cryogenic liquid).
Infectious substances, affecting animals only.
Infectious substances, affecting humans.
Insecticide gases, n.o.s.
Insecticide gases, toxic, n.o.s.
Isocyanates, flammable, toxic, n.o.s. or Isocyanate solutions,
flammable, toxic, n.o.s. flashpoint less than 23 degrees C.
Isocyanates, toxic, flammable, n.o.s. or Isocyanate solutions,
toxic, flammable, n.o.s., flash point not less than 23 degrees C but
not more than 61 degrees C and boiling point less than 300 degrees
C.
Ketones, liquid, n.o.s.
Liquefied gas, flammable, n.o.s.
Liquefied gas, n.o.s.
Liquefied gas, oxidizing, n.o.s.
Liquefied gas, toxic, flammable, n.o.s. (All hazard zone entries)
Liquefied gas, toxic, n.o.s. (All hazard zone entries)
Liquefied gas, toxic, oxidizing, n.o.s. (All hazard zone entries)
Metal salts of organic compounds, flammable, n.o.s.
Metallic substance, water-reactive, n.o.s.
Metallic substance, water-reactive, self-heating, n.o.s.
Nitriles, flammable, toxic, n.o.s.
Nitriles, toxic, flammable, n.o.s.
Nitriles, toxic, n.o.s.
Organic peroxide type B, liquid
Organic peroxide type B, liquid, temperature controlled
Organic peroxide type B, solid
Organic peroxide type B, solid, temperature controlled
Organic peroxide type C, liquid
Organic peroxide type C, liquid, temperature controlled
Organic peroxide type C, solid
Organic peroxide type C, solid, temperature controlled
Organic peroxide type D, liquid
Organic peroxide type D, liquid, temperature controlled
Organic peroxide type D, solid
Organic peroxide type D, solid, temperature controlled
Organic peroxide type E, liquid
Organic peroxide type E, liquid, temperature controlled
Organic peroxide type E, solid
Organic peroxide type E, solid, temperature controlled
Organic peroxide type F, liquid
Organic peroxide type F, liquid, temperature controlled
Organic peroxide type F, solid
Organic peroxide type F, solid, temperature controlled
Organometallic compound, toxic, n.o.s.
Oxidizing liquid, corrosive, n.o.s.
Oxidizing liquid, n.o.s.
Oxidizing liquid, toxic, n.o.s.
Oxidizing solid, corrosive, n.o.s.
Oxidizing solid, flammable, n.o.s.
Oxidizing solid, n.o.s.
Oxidizing solid, self-heating, n.o.s.
Oxidizing solid, toxic, n.o.s.
Oxidizing solid, water-reactive, n.o.s.
Pesticides, liquid, flammable, toxic, flashpoint less than 23
degrees C.
Pesticides, liquid, toxic, flammable, n.o.s. flashpoint not less
than 23 degrees C.
Pesticides, liquid, toxic, n.o.s.
Pesticides, solid, toxic, n.o.s.
Pyrophoric liquid, inorganic, n.o.s.
Pyrophoric liquids, organic, n.o.s.
Pyrophoric metals, n.o.s. or Pyrophoric alloys, n.o.s.
Pyrophoric organometallic compound, n.o.s.
Pyrophoric solid, inorganic, n.o.s.
Pyrophoric solids, organic, n.o.s.
Refrigerant gases, n.o.s.
Samples, explosive, other than initiating explosives
Self-heating liquid, corrosive, inorganic, n.o.s.
Self-heating liquid, corrosive, organic, n.o.s.
Self-heating liquid, inorganic, n.o.s.
Self-heating liquid, organic, n.o.s.
Self-heating liquid, toxic, inorganic, n.o.s.
Self-heating liquid, toxic, organic, n.o.s.
Self-heating solid, corrosive, inorganic, n.o.s.
Self-heating, solid, corrosive, organic, n.o.s.
Self-heating solid, inorganic, n.o.s.
Self-heating, solid, organic, n.o.s.
Self-heating, solid, oxidizing, n.o.s.
Self-heating solid, toxic, inorganic, n.o.s.
Self-heating, solid, toxic, organic, n.o.s.
Self-reactive liquid type B
Self-reactive liquid type B, temperature controlled
Self-reactive liquid type C
Self-reactive liquid type C, temperature controlled
Self-reactive liquid type D
Self-reactive liquid type D, temperature controlled
Self-reactive liquid type E
Self-reactive liquid type E, temperature controlled
Self-reactive liquid type F
Self-reactive liquid type F, temperature controlled
Self-reactive solid type B
Self-reactive solid type B, temperature controlled
Self-reactive solid type C
Self-reactive solid type C, temperature controlled
Self-reactive solid type D
Self-reactive solid type D, temperature controlled
Self-reactive solid type E
Self-reactive solid type E, temperature controlled
[[Page 10773]]
Self-reactive solid type F
Self-reactive solid type F, temperature controlled
Solids containing corrosive liquid, n.o.s.
Solids containing flammable liquid, n.o.s.
Solids containing toxic liquid, n.o.s.
Substances, explosive, n.o.s. (all 13 entries)
Substances, explosive, very insensitive, n.o.s., or Substances, EVI,
n.o.s.
Tear gas substances, liquid, n.o.s.
Tear gas substances, solid, n.o.s.
Toxic liquid, corrosive, inorganic, n.o.s. (UN3289, PG I AND II)
Toxic liquids, corrosive, inorganic, n.o.s. (UN3289, Hazard Zones A
and B)
Toxic liquids, inorganic n.o.s. (UN3287, PG I and III)
Toxic liquids, corrosive, organic, n.o.s. (UN2927, PG I and II)
Toxic liquids, corrosive, organic, n.o.s. (UN2927, Hazard Zones A
and B)
Toxic liquids, flammable, organic, n.o.s. (UN2929, PG I and II)
Toxic liquids, flammable, organic, n.o.s. (UN2929, Hazard Zones A
and B)
Toxic liquids, organic, n.o.s. (UN2810, PG I, II and III)
Toxic liquids, orgnic, n.o.s. (UN2810, Hazard Zones A and B)
Toxic liquids, oxidizing, n.o.s. (UN3122, PG I and II)
Toxic liquids, oxidizing, n.o.s. (UN3122, Hazard Zones A and B)
Toxic liquids, water-reactive, n.o.s. (UN3132, PG I and II)
Toxic liquids, water-reactive, n.o.s. (UN3123, Hzardous Zones A and
B
Toxic solid, corrosive, organic, n.o.s.
Toxic solid, inorganic, n.o.s.
Toxic solids, corresive, organic, n.o.s.
Toxic solids, flammable, organic, n.o.s.
Toxic solids, organic,, n.o.s.
Toxic solids, oxidizing, n.o.s.
Toxic solids, self-heating, n.o.s.
Toxic solids, water-reactive, n.o.s.
Water-reactive, liquid, corrosive, n.o.s.
Water-reactive, liquid, n.o.s.
Water-reactive, liquid, toxic, n.o.s.
Water-reactive, solid, corrosive, n.o.s.
Water-reactive, solid, n.o.s.
Water-reactive, solid, oxidizing, n.o.s.
Water-reactive, solid, self-heating, n.o.s.
Water-reactive, solid, toxic, n.o.s.
14a. In addition, in Column 1, the following changes are made:
a. For the entry, Compounds, tree killing, liquid or Compounds,
weed killing, liquid (NA1760), the reference ``, G'' is added.
b. For the entry, Compounds, tree killing, liquid or Compounds,
weed killing, liquid (NA1993), the reference ``, G'' is added.
c. For the entry, Compressed gas, toxic, corrosive, n.o.s. (UN3304,
Hazard Zones A, B, C and D), the reference ``, G'' is added.
d. For the entry, Compressed gas, toxic, flammable, corrosive,
n.o.s. (UN3305, Hazard Zones A, B, C and D), the reference ``, G'' is
added.
e. For the entry, Compressed gas, toxic, oxidizing, corrosive,
n.o.s. (UN3306, Hazard Zones A, B, C and D), the reference ``, G'' is
added.
f. For the entries Hazardous waste, liquid, n.o.s. and Hazardous
waste, solid, n.o.s., the reference ``, G'' is added.
g. For the entry, Insecticide gases flammable n.o.s., the reference
``, G'' is added.
h. For the entry, Liquefied gas, toxic, corrosive, n.o.s. (UN3308,
Hazard Zones A, B, C and D), the reference ``, G'' is added.
i. For the entry, Liquefied gas, toxic, flammable, corrosive,
n.o.s. (UN3309, Hazard Zones A, B, C and D), the reference ``, G'' is
added.
j. For the entry, Liquefied gas, toxic, oxidizing, corrosive,
n.o.s. (UN3310, Hazard Zones A, B, C and D), the reference ``, G'' is
added.
15. In Appendix B to Sec. 172.101, the List of Marine Pollutants is
amended by removing ten entries and adding sixteen entries in
alphabetical order to read as follows:
Appendix B to Sec. 172.101--List of Marine Pollutants
------------------------------------------------------------------------
S.M.P Marine pollutant
(1) (2)
------------------------------------------------------------------------
[REMOVE:]
Alkyl (C10-C21) sulphonic acid ester of
phenol.
ortho-Anisidines.
Barium compounds, soluble, n.o.s.
Di-normal-butyl ketone.
Diphenyl oxide.
Isopropenyl chloride.
Isopropyl chloride.
3-Methylpyradine.
Sym-Dichloroethyl ether.
Tetrachlorovinphos.
[ADD:]
* * * *
* * *
Alkylbenzenesulphonates, branched and
straight chain.
* * * *
* * *
PP........................... Chlorinated paraffins (C14-C17), with
more than 1% shorter chain length.
* * * *
* * *
1-Chloro-2,3-Epoxypropane.
* * * *
* * *
PP........................... Copper sulphate, anhydrous, hydrates.
* * * *
* * *
Dichlorodimethyl ether, symmetrical.
* * * *
* * *
Isobutyl aldehyde.
Isobutyraldehyde.
* * * *
* * *
Maneb.
[[Page 10774]]
* * * *
* * *
Maneb preparation, stabilized against
self-heating.
* * * *
* * *
PP........................... N,N-Dimethyldodecylamine.
* * * *
* * *
Nitrotoluenes (ortho-; meta-; para-),
solid.
* * * *
* * *
normal-heptaldehyde.
* * * *
* * *
Potassium cyanide, solution.
* * * *
* * *
Sodium cyanide, solution.
* * * *
* * *
Triphenyl phosphate/tert-butylated
triphenyl phosphates mixtures containing
5% to 10% triphenyl phosphates.
PP........................... Triphenyl phosphate/tert-butylated
triphenyl phosphates mixtures containing
10% to 48% triphenyl phosphates.
* * * *
* * *
------------------------------------------------------------------------
Sec. 172.101 Appendix B [Amended]
16. In addition, in Appendix B to Sec. 172.101, the List of Marine
Pollutants, the following changes are made:
a. In column (1), the designation ``PP'' is added for the following
entries:
``Azinphos-methyl.''
``Cupric chloride''
``Cuprous chloride''
``Furathiocarb (ISO)''
``Osmium tetroxide''
``Triphenylphosphate''
b. In column (1), the designation ``PP'' is removed for the entry
``Silver orthoarsenite''.
c. In column (2), the following language is revised to read as
follows:
``Alcohol C-12-C-15 poly(1-3) ethoxylate'' is revised to read
``Alcohol C-12-C-16 poly(1-6) ethoxylate''.
``Alkylphenols, liquid, n.o.s. (including C2-C8 homologues)'' is
revised to read ``Alkylphenols, liquid, n.o.s. (including C2-C12
homologues)''.
``Alkylphenols, solid, n.o.s. (including C2-C8 homologues)'' is
revised to read ``Alkylphenols, solid, n.o.s. (including C-2-C-12
homologues)''.
``2-Butenal, inhibited'' is revised to read ``2-Butenal,
stabilized''.
``Chlorodinitrobenzenes'' is revised to read
``Chlorodinitrobenzenes, liquid or solid''.
``Chlorophenates, liquid'' is revised to read ``Chlorophenolates,
liquid''.
``Chlorophenates, solid'' is revised to read ``Chlorophenolates,
solid''.
``Chlorotoluenes'' is revised to read ``Chlorotoluenes (ortho-
,meta-,para-)''.
``Crotonaldehyde, inhibited'' is revised to read ``Crotonaldehyde,
stabilized''.
``Crotonic aldehyde'' is revised to read ``Crotonic aldehyde,
stabilized''.
``Decyloxytetrahydrothiophene dioxide'' is revised to read
``Decycloxytetrahydrothiophene dioxide''.
``Dichloroethyl ether'' is revised to read ``Di-(2-chloroethyl)
ether''.
``Dodecylamine'' is revised to read ``1-Dodecylamine''.
``Hydrocyanic acid, anhydrous, stabilized'' is revised to read
``Hydrocyanic acid, anhydrous, stabilized, containing less than 3%
water''.
``Hydrocyanic acid, anhydrous, stabilized, absorbed in a porous
inert material'' is revised to read ``Hydrocyanic acid, anhydrous,
stabilized, containing less than 3% water and absorbed in a porous
inert material''.
``Isobutybenzene'' is revised to read ``Isobutylbenzene''.
``Maneb or Maneb preparations with not less than 60 per cent
maneb'' is revised to read ``Maneb preparations with not less than 60%
maneb''.
``Mercarbam'' is revised to read ``Mecarbam''.
``Mercurous bisuphate'' is revised to read ``Mercurous
bisulphate''.
``Mercury based pesticides, liquid, flammable, toxic, n.o.s.'' is
revised to read ``Mercury based pesticide, liquid, flammable, toxic''.
``Mercury based pesticides, liquid, toxic, flammable, n.o.s.'' is
revised to read ``Mercury based pesticide, liquid, toxic, flammable''.
``Mercury based pesticides, liquid, toxic, n.o.s.'' is revised to
read ``Mercury based pesticide, liquid, toxic''.
``Mercury based pesticides, solid, toxic, n.o.s.'' is revised to
read ``Mercury based pesticide, solid, toxic''.
``3-Methylacroleine, inhibited'' is revised to read ``3-
Methylacrolein, stabilized''.
``Nitrobenzotrifluorides'' is revised to read
``Nitrobenzotrifluorides, liquid or solid''.
``Nitrotolueunes (o-;m;-p-)'' is revised to read ``Nitrotoluenes
(ortho-;meta-;para-), liquid''.
``Nitroxyluenes, (o-;m-;p-)'' is revised to read ``Nitroxylenes,
liquid or solid''.
``Potassium cyanide'' is revised to read ``Potassium cyanide,
solid''.
``Potassium cyanocuprate I'' is revised to read ``Potassium
cyanocuprate (I)''.
``Sodium cyanide'' is revised to read ``Sodium cyanide, solid''.
``Tetrachloroethane'' is revised to read ``1,1,2,2-
Tetrachloroethane''.
``Tetramethylbenzenes'' is revised to read ``n-
Tetramethylbenzenes''.
``Tricresyl phosphate (not less than 1% ortho-isomer)'' is revised
to read ``Tricresyl phosphate, not less than 1% ortho-isomer but not
more than 3% orthoisomer''.
``White phosphorus, molten'' is revised to read ``Phosphorus,
white, molten''.
[[Page 10775]]
``Yellow phosphorus, molten'' is revised to read ``Phosphorus,
yellow, molten''.
d. The entries, as amended, are placed in alphabetical order.
17. In Sec. 172.102, in paragraph (c)(1), Special Provision 43 is
amended by adding a sentence at the end, Special Provisions 129, 130,
131, 132, 133, 134, 135, 136, 137 and 138 are added; in paragraph
(c)(2), Special Provision A35 is added; and in paragraph (c)(3),
Special Provision B101 is revised to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
Code/Special Provisions
* * * * *
43. * * * Nitrocellulose membrane filters covered by this entry,
each with a mass not exceeding 0.5 g, are not subject to the
requirements of this subchapter when contained individually in an
article or a sealed packet.
* * * * *
129. These materials may not be classified and transported
unless authorized by the Associate Administrator for Hazardous
Materials Safety on the basis of results from Series 2 Test and a
Series 6(c) Test from the UN Manual of Tests and Criteria on
packages as prepared for transport. The packing group assignment and
packaging must be approved by the Associate Administrator for
Hazardous Materials Safety on the basis of the criteria in
Sec. 173.21 of this subchapter and the package type used for the
Series 6(c) test.
130. Batteries, dry are not subject to the requirements of this
subchapter only when they are offered for transportation in a manner
that prevents the dangerous evolution of heat (for example, by the
effective insulation of exposed terminals).
131. This material may not be offered for transportation unless
approved by the Associate Administrator for Hazardous Materials
Safety.
132. Ammonium nitrate fertilizers of this composition are not
subject to the requirements of this subchapter if shown by a trough
test (see United Nations Recommendations on the Transport of
Dangerous Goods, Manual Tests and Criteria, Part III, sub-section
38.2) not to be liable to self-sustaining decomposition and provided
that they do not contain an excess of nitrate greater than 10% by
mass (calculated as potassium nitrate).
133. This description applies to articles which are used as
life-saving vehicle air bag inflators or air bag modules or seat-
belt pretensioners, containing a gas or a mixture of compressed
gases classified under Division 2.2, and with or without small
quantities of pyrotechnic material. For units with pyrotechnic
material, initiated explosive effects must be contained within the
pressure vessel (cylinder) such that the unit may be excluded from
Class 1 in accordance with paragraphs 1.11(b) and 16.6.1.4.7(a)(ii)
of the UN Manual of Tests and Criteria, Part 1. In addition, units
must be designed or packaged for transport so that when engulfed in
a fire there will be no fragmentation of the pressure vessel or
projection hazard. This may be determined by analysis or test. The
pressure vessel must be in conformance with the requirements of this
subchapter for the gas(es) contained in the pressure vessel or as
specifically authorized by the Associate Administrator for Hazardous
Materials Safety.
134. This entry only applies to vehicles, machinery and
equipment which are powered by wet batteries or sodium batteries and
which are transported with these batteries installed. Examples of
such items are electrically-powered cars, lawn mowers, wheelchairs
and other mobility aids. Self-propelled vehicles which also contain
an internal combustion engine must be consigned under the entry
``Vehicle, flammable gas powered'' or ``Vehicle, flammable liquid
powered'', as appropriate.
135. The entries ``Vehicle, flammable gas powered'' or
``Vehicle, flammable liquid powered'', as appropriate, must be used
when internal combustion engines are installed in a vehicle.
136. This entry only applies to machinery and apparatus
containing hazardous materials as an integral element of the
machinery or apparatus. It may not be used to describe machinery or
apparatus for which a proper shipping name exists in the
Sec. 172.101 Table. Machinery or apparatus may only contain
hazardous materials for which exceptions are referenced in Column 8
of the Sec. 172.101 Table and are provided in Part 173, Subpart D,
of this subchapter. Hazardous materials shipped under this entry are
excepted from the labeling requirements of this subchapter unless
offered for transportation or transported by aircraft. For
transportation by aircraft, the machinery or apparatus must be
labeled according to each of the hazardous materials contained in
the machinery or apparatus. This includes the primary hazard label
and any applicable subsidiary risk labels, except that a subsidiary
risk label is not required for any subsidiary hazard already
indicated by the primary or subsidiary hazard label applied for
another substance in the machinery or apparatus. Orientation
markings as prescribed in Sec. 172.312 are required only when
necessary to ensure that liquid hazardous materials remain in their
intended orientation. The machinery or apparatus or the packagings
in which they are contained shall be marked ``Dangerous goods in
machinery'' or ``Dangerous goods in apparatus'', as appropriate, and
with the appropriate identification number. For transportation by
aircraft, machinery or apparatus may not contain any material
forbidden for transportation by passenger aircraft. Hazardous
materials in machinery or apparatus are not subject to the
placarding requirements of subpart F of this part. The Associate
Administrator for Hazardous Materials Safety may except from the
requirements of this subchapter equipment, machinery and apparatus
provided:
a. It is shown that it does not pose a significant risk in
transportation;
b. The quantities of hazardous materials do not exceed those
specified in Sec. 173.4 of this subchapter for the applicable
class(es) of hazardous materials contained in Sec. 173.4 of this
subchapter; and
c. The equipment, machinery or apparatus conforms with
Sec. 173.222 of this subchapter.
137. Cotton, dry is not subject to the requirements of this
subchapter when it is baled in accordance with ISO 8115, ``Cotton
Bales--Dimensions and Density'' to a density of at least 360 kg/
m3 (22.4lb/ft3) and it is transported in a
freight container or closed transport vehicle.
138. Lead compounds which, when mixed in a ratio of 1:1000 with
0.07M (Molar concentration) hydrochloric acid and stirred for one
hour at a temperature of 23 deg.C 2 deg.C, exhibit a
solubility of 5% or less are considered insoluble.
(2) * * *
Code/Special Provisions
* * * * *
A35. This includes any material which is not covered by any of
the other classes but which has an anesthetic, narcotic, noxious or
other similar properties such that, in the event of spillage or
leakage on an aircraft, extreme annoyance or discomfort could be
caused to crew members so as to prevent the correct performance of
assigned duties.
* * * * *
(3) * * *
Code/Special Provisions
* * * * *
B101. When intermediate bulk containers are used, only those
constructed of metal are authorized.
* * * * *
Sec. 172.102 [Amended]
18. In addition, in Sec. 172.102, the following changes are made:
a. In paragraph (c)(1), Special Provision 17 is removed.
b. In paragraph (c)(1), Special Provision 20 is removed.
c. In paragraph (c)(1), Special Provision 104 is removed.
d. In paragraph (c)(1), under Special Provision 125, in the fourth
sentence, the wording ``at least 90%'' is removed and ``at least 98%''
is added in its place; and in the last sentence, the wording ``less
than 98%'' is removed and ``less than 90%'' is added in its place.
e. In paragraph (c)(5), Special Provision N9 is removed.
Sec. 172.203 [Amended]
19. In Sec. 172.203, the following changes are made:
a. In paragraph (k) introductory text, in the first sentence, the
wording ``listed in paragraph (k)(3) of this section'' is removed and
``identified by the letter ``G'' in Column (1) of the Sec. 172.101
Table'' is added in its place.
b. In paragraph (k)(1), in the first sentence, the wording ``listed
herein'' is
[[Page 10776]]
removed and ``identified by the letter ``G'' in Column (1) of the
Sec. 172.101 Table'' is added in its place.
c. In addition, paragraph (k)(3) is removed and paragraph (k) (4)
is redesignated as new paragraph (k)(3).
20. In Sec. 172.313, a new paragraph (d) is added to read as
follows:
Sec. 172.313 Poisonous hazardous materials.
* * * * *
(d) For a packaging containing a Division 6.1 PG III material, ``PG
III'' may be marked adjacent to the POISON label. (See
Sec. 172.405(c).)
Sec. 172.400 [Amended]
21. In Sec. 172.400, in the table in paragraph (b), the following
changes are made:
a. In column 1, the language ``6.1 (PG I or II, other than Zone A
or B inhalation hazard)'' is revised to read ``6.1 (other than
inhalation hazard, Zone A or B)''.
b. The entry ``6.1 (PG III)'' is removed.
Sec. 172.400a [Amended]
22. In Sec. 172.400a, paragraph (d) is removed.
23. In Sec. 172.405, a new paragraph (c) is added to read as
follows:
Sec. 172.405 Authorized label modifications.
* * * * *
(c) For a package containing a Division 6.1, Packing Group III
material, the POISON label specified in Sec. 172.430 may be modified to
display the text ``PG III'' instead of ``POISON'' or ``TOXIC'' below
the mid line of the label. Also see Sec. 172.313(d).
24. In Sec. 172.407, paragraph (c)(4) is revised to read as
follows:
Sec. 172.407 Label specifications.
* * * * *
(c) * * *
(4) When text indicating a hazard is displayed on a label, the
label name must be shown in letters measuring at least 7.6 mm (0.3
inches) in height. For SPONTANEOUSLY COMBUSTIBLE or DANGEROUS WHEN WET
labels, the words ``Spontaneously'' and ``When Wet'' must be shown in
letters measuring at least 5.1 mm (0.2 inches) in height.
* * * * *
Sec. 172.431 [Removed and Reserved]
25. Section 172.431 is removed and reserved.
26. In Sec. 172.504, paragraph (f)(10) is revised to read as
follows:
Sec. 172.504 General placarding requirements.
* * * * *
(f) * * *
(10) For Division 6.1, PG III materials, a POISON placard may be
modified to display the text ``PG III'' below the mid line of the
placard.
* * * * *
Sec. 172.504 [Amended]
27. In Sec. 172.504, in paragraph (e), in Table 2, the following
changes are made:
a. In column 2, the language ``6.1 (PG I or II, other than Zone A
or B inhalation hazard)'' is revised to read ``6.1 (other than
inhalation hazard, Zone A or B)''.
b. The entry ``6.1 (PG III)'' is removed.
Sec. 172.553 [Removed and Reserved]
28. Section 172.553 is removed and reserved.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
29. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
Sec. 173.1 [Amended]
30. In Sec. 173.1, in paragraph (d), in the first sentence, the
wording ``Recommendations of the United Nations Committee of Experts on
the Transport of Dangerous Goods'' is removed and ``UN
Recommendations'' is added in its place.
Sec. 173.2a [Amended]
31. In Sec. 173.2a, paragraph (b), Precedence of Hazard Table, in
column 13, under the column heading ``8, II liquid'', the following
changes are made:
a. For the entry, ``4.3 II'', the numeral ``8'' is removed and
``4.3'' is added in its place.
b. For the entry, ``5.1 II'', the numeral ``8'' is removed and
``5.1'' is added in its place.
32. In Sec. 173.25, the section heading and paragraph (b) are
revised to read as follows:
Sec. 173.25 Authorized packagings and overpacks.
* * * * *
(b) Shrink-wrapped or stretch-wrapped trays may be used as outer
packagings for inner packagings prepared in accordance with the limited
quantity provisions or consumer commodity provisions of this
subchapter, provided that--
(1) Inner packagings are not fragile, liable to break or be easily
punctured, such as those made of glass, porcelain, stoneware or certain
plastics; and
(2) Each complete package does not exceed 20 kg (44 lbs) gross
weight.
* * * * *
33. In Sec. 173.28, paragraph (c)(2) is revised and a new paragraph
(c)(5) is added to read as follows:
Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.
* * * * *
(c) * * *
(2) For the purpose of this subchapter, reconditioning of a non-
bulk packaging other than a metal drum includes:
(i) Removal of all former contents, external coatings and labels,
and cleaning to the original materials of construction;
(ii) Inspection after cleaning with rejection of packagings with
visible damage such as tears, creases or cracks, or damaged threads or
closures, or other significant defects;
(iii) Replacement of all non-integral gaskets and closure devices
with new or refurbished parts, and cushioning and cushioning materials;
and components including gaskets, closure devices and cushioning and
cushioning material; and
(iv) Ensuring that the packagings are restored to a condition that
conforms in all respects with the prescribed requirements of this
subchapter.
* * * * *
(5) Packagings which have significant defects which cannot be
repaired may not be reused.
* * * * *
34. In Sec. 173.29, paragraph (b)(2)(iv)(B) is revised to read as
follows:
Sec. 173.29 Empty packagings.
* * * * *
(b) * * *
(2) * * *
(iv) * * *
(B) A Division 2.2 non-flammable gas, other than ammonia,
anhydrous, and with no subsidiary hazard, at an absolute pressure less
than 280 kPa (40.6 psia); at 20 deg. C (68 deg. F); and
* * * * *
35. In Sec. 173.32b, in paragraph (b)(1), the semicolon is removed
and a period is added in its place and a new sentence is added at the
end of the paragraph to read as follows:
Sec. 173.32b Periodic testing and inspection of Specification IM
portable tanks.
* * * * *
(b) * * *
(1) * * * The two and one-half year internal inspection may be
waived for portable tanks dedicated to the transportation of a single
hazardous material if it is leakproofness tested prior to each filling,
or if approved by the Associate Administrator for Hazardous Materials
Safety.
* * * * *
Sec. 173.32b [Amended]
36. In addition, in Sec. 173.32b, in paragraph (b)(2), the
semicolon at the
[[Page 10777]]
end is removed and a period is added in its place.
37. In Sec. 173.32c, paragraph (j) is revised to read as follows:
Sec. 173.32c Use of Specification IM portable tanks.
* * * * *
(j) Except for a non-flowable solid or a liquid with a viscosity of
2,680 centistokes (millimeters squared per second) or greater at
20 deg.C, an IM portable tank or compartment thereof having a volume
greater than 7,500 L (1,980 gallons) may be loaded to a filling density
of more than 20% and less than 80% by volume. If a portable tank is
divided by partitions or surge plates into compartments of not more
than 7,500 L capacity, this filling restriction does not apply.
* * * * *
38. In Sec. 173.34, in the paragraph (e) table, the following
changes are made:
a. In Column 1, in the last entry, footnote reference \4\ is added
immediately after the wording ``(see Sec. 173.301(j) for restrictions
on use).''.
b. A new footnote is added at the end of the table to read as
follows: \4\ For CTC cylinders, see Sec. 173.301(i). The retest period
for CTC cylinders authorized under Sec. 173.301(i) is the period
specified in the table for the corresponding DOT specification
cylinder.''.
39. In Sec. 173.35, the section heading and paragraph (b) are
revised to read as follows:
Sec. 173.35 Hazardous materials in intermediate bulk containers
(IBCs).
* * * * *
(b) Initial use and reuse of IBCs. An IBC other than a multiwall
paper IBC (13M1 and 13M2) may be reused. If an inner liner is required,
the inner liner must be replaced before each reuse. Before an IBC is
filled and offered for transportation, the IBC and its service
equipment must be given an external visual inspection, by the person
filling the IBC, to ensure that:
(1) The IBC is free from corrosion, contamination, cracks, cuts, or
other damage which would render it unable to pass the prescribed design
type test to which it is certified and marked; and
(2) The IBC is marked in accordance with requirements in
Sec. 178.703 of this subchapter. Additional marking allowed for each
design type may be present. Required markings that are missing, damaged
or difficult to read must be restored or returned to original
condition.
* * * * *
Sec. 173.56 [Amended]
40. In Sec. 173.56, in paragraph (b)(2)(i), the wording ``(TB 700-
2, dated December 1989)'' is removed and ``(TB 700-2)'' is added in its
place; and in paragraph (b)(3)(i), the wording ``(TB 700-2, dated
December 1989)'' is removed and ``(TB 700-2)'' is added in its place.
Sec. 173.59 [Amended]
41. In Sec. 173.59, for the definitions ``Charges, explosive,
commercial without detonator'' and ``Charges, shaped commercial,
without detonator'', the word ``commercial'' is removed each place it
appears.
42. In Sec. 173.121, paragraph (b)(1)(ii) is revised to read as
follows:
Sec. 173.121 Class 3--Assignment of packing group.
* * * * *
(b) * * *
(1) * * *
(ii) The mixture does not contain any substances with a primary or
a subsidiary risk of Division 6.1 or Class 8;
* * * * *
Sec. 173.159 [Amended]
43. In Sec. 173.159, in paragraph (g)(2), in the first sentence
immediately following the wording ``may be packed in strong'', the
words ``plywood or wooden boxes'' are removed and ``rigid outer
packagings'' is added in its place.
44. Section 173.162 is revised to read as follows:
Sec. 173.162 Gallium.
(a) Except when packaged in cylinders or steel flasks, gallium must
be packaged in packagings which meet the requirements of part 178 of
this subchapter at the Packing Group I performance level for transport
by aircraft and the Packing Group III performance level for transport
by highway, rail or vessel.
(1) In packagings intended to contain liquids consisting of glass,
earthenware or rigid plastics with a maximum net mass of 10 kg (22
pounds) each. The inner packagings must be packed in wooden boxes (4C1,
4C2, 4D, 4F), fiberboard boxes (4G), plastics boxes (4H1, 4H2), fiber
drums (1G) or removable head steel and plastic drums or jerricans (1A2,
1H2, 3A2 or 3H2) with sufficient cushioning material to prevent
breakage. Either the inner packagings or the outer packagings must have
inner liners or bags of strong leakproof and puncture-resistant
material impervious to the contents and completely surrounding the
contents to prevent it from escaping from the package, irrespective of
its position.
(2) In packagings intended to contain liquids consisting of semi-
rigid plastic inner packagings of not more than 2.5 kg (5.5 pounds) net
capacity each, individually enclosed in a sealed, leak-tight bag of
strong puncture-resistant material. The sealed bags must be packed in
wooden (4C1, 4C2), plywood (4D), reconstituted wood (4F), fiberboard
(4G) or plastic (4H1, 4H2) boxes or in fiber (1G) or steel (1A2) drums,
which are lined with leak-tight, puncture-resistant material. Bags and
liner material must be chemically resistant to gallium.
(3) Cylinders and steel flasks with vaulted bottoms are also
authorized.
(b) When it is necessary to transport gallium at low temperatures
in order to maintain it in a completely solid state, the above
packagings may be overpacked in a strong, water-resistant outer
packaging which contains dry ice or other means of refrigeration. If a
refrigerant is used, all of the above materials used in the packaging
of gallium must be chemically and physically resistant to the
refrigerant and must have impact resistance at the low temperatures of
the refrigerant employed. If dry ice is used, the outer packaging must
permit the release of carbon dioxide gas.
(c) Manufactured articles or apparatuses, each containing not more
than 100 mg (0.0035 ounce) of gallium and packaged so that the quantity
of gallium per package does not exceed 1 g (0.35 ounce) are not subject
to the requirements of this subchapter.
45. In Sec. 173.164, paragraphs (a)(1) through (a)(3) are revised
and paragraph (a)(4) is added to read as follows:
Sec. 173.164 Mercury (metallic and articles containing mercury).
(a) * * *
(1) In inner packagings of earthenware, glass or plastic containing
not more than 3.5 kg (7.7 pounds) of mercury, or inner packagings which
are glass ampoules containing not more than 0.5 kg (1.1 pounds) of
mercury, or iron or steel quicksilver flasks containing not more than
35 kg (77 pounds) of mercury. The inner packagings or flasks must be
packed in steel drums (1A2), steel jerricans (3A2), wooden boxes (4C1),
(4C2), plywood boxes (4D), reconstituted wood boxes (4F), fiberboard
boxes (4G), plastic boxes (4H2), plywood drums (1D) or fiber drums
(1G).
(2) Packagings must meet the requirements of Part 178 of this
subchapter at the Packing Group I performance level.
(3) When inner packagings of earthenware, glass or plastic are
used,
[[Page 10778]]
they must be packed in the outer packaging with sufficient cushioning
material to prevent breakage.
(4) Either the inner packagings or the outer packagings must have
inner linings or bags of strong leakproof and puncture-resistant
material impervious to mercury, completely surrounding the contents, so
that the escape of mercury will be prevented irrespective of the
position of the package.
* * * * *
Sec. 173.164 [Amended]
46. In addition, in Sec. 173.164, in paragraph (c) introductory
text, the wording ``not more than 100 mg (0.0035 ounce)'' is removed.
47. In Sec. 173.166, in paragraph (c), the last sentence is revised
to read as follows:
Sec. 173.166 Air bag inflators, air bag modules and seat-belt
pretensioners.
* * * * *
(c) * * * Marking the EX number or product code on the outside
package is not required.
* * * * *
Sec. 173.166 [Amended]
48. In addition, in Sec. 173.166, the following changes are made:
a. In paragraph (a), in the first sentence, the wording ``a booster
material and a gas generant'' is removed and ``a booster material, a
gas generant and, in some cases, a pressure vessel (cylinder)'' is
added in its place.
b. In paragraph (b) introductory text, the wording ``as Class 9
only'' is removed and ``as Class 9 (UN3268) or Division 2.2 (UN3353)''
is added in its place.
c. In paragraph (b)(2), the wording ``second revised edition,
1995'' is removed.
d. In paragraph (b)(3)(ii), the wording ``as Class 9'' is removed
and ``as Class 9 or Division 2.2'' is added in its place.
e. In paragraph (c), in the second sentence, the wording ``to the
inflator'' is removed and ``to the inflator, module'' is added in its
place.
f. In paragraph (f), in the first sentence, the wording ``or NON-
FLAMMABLE GAS'' is added immediately following the wording ``CLASS 9''.
Sec. 173.196 [Amended]
49. In Sec. 173.196, paragraph (a)(1)(iii), in the first sentence,
the wording ``An absorbent material'' is removed and ``When the primary
receptacle contains liquids, an absorbent material'' is added in its
place.
50. Section 173.220 is revised to read as follows:
Sec. 173.220 Internal combustion engines, self-propelled vehicles,
mechanical equipment containing internal combustion engines, and
battery powered vehicles or equipment.
(a) Applicability. An internal combustion engine, self-propelled
vehicle, mechanized equipment containing an internal combustion engine,
or a battery powered vehicle or equipment is subject to the
requirements of this subchapter when transported as cargo on a
transport vehicle, vessel, or aircraft if--
(1) The engine or fuel tank contains a liquid or gaseous fuel. An
engine may be considered as not containing fuel when the fuel tank,
engine components, and fuel lines have been completely 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) It is equipped with a wet electric storage battery other than a
non-spillable battery; or
(3) Except as provided in paragraph (d)(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. Fuel tanks and fuel
systems containing flammable liquefied or compressed gas fuel must be
securely closed. For transportation by water, the requirements of
Sec. 176.78(k) and 176.905 of this subchapter apply. For transportation
by air, the fuel tank and fuel system must be emptied and securely
closed or must be removed, packaged and transported in accordance the
requirements of this subchapter.
(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 Sec. 177.834(l) of this
subchapter.
(4) Modal exceptions. Quantities of flammable liquid fuel greater
than 500 ml (17 ounces) may remain 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
Sec. 176.905 of this subchapter.
(iii) For transportation by aircraft designed or modified for
vehicle ferry operations, the shipment must conform to Sec. 175.305 of
this subchapter.
(c) Wet battery powered or installed. Wet batteries must be
securely installed and fastened in an upright position. Batteries must
be protected against short circuits and leakage or removed and packaged
separately under Sec. 173.159. Battery powered vehicles, machinery or
equipment including battery powered wheelchairs and mobility aids are
excepted from the requirements of this subchapter when transported by
rail, highway or vessel.
(d) Other hazardous materials. (1) Items of equipment containing
hazardous materials, fire extinguishers, compressed gas accumulators,
safety devices and other hazardous materials which are integral
components of the motor vehicle, engine or mechanical equipment and are
necessary for the operation of the vehicle, engine or 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.
(2) Other hazardous materials must be packaged and transported in
accordance with the requirements of this subchapter.
(e) Exceptions. Except as provided in paragraph (d)(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 Sec. 172.604 of this subchapter (emergency response
telephone number) for transportation by vessel or aircraft. For
transportation by
[[Page 10779]]
aircraft, all other applicable requirements of this subchapter,
including shipping papers, emergency response information, notification
of pilot-in-command, general packaging requirements, and the
requirements specified in Sec. 173.27 must be met. For transportation
by vessel, additional exceptions are specified in Sec. 176.905 of this
subchapter.
51. Section 173.221 is revised to read as follows:
Sec. 173.221 Polymeric beads, expandable and Plastic molding compound.
(a) Non-bulk shipments of Polymeric beads (or granules),
expandable, evolving flammable vapor and Plastic molding compound in
dough, sheet or extruded rope form, evolving flammable vapor must be
packed in: wooden (4C1 or 4C2), plywood (4D), fiberboard (4G),
reconstituted wood (4F) boxes, plywood drums (1D) or fiber drums (1G)
with sealed inner plastic liners; in vapor tight metal or plastic drums
(1A1, 1A2, 1B1, 1B2, 1H1 or 1H2); or packed in non-specification
packagings when transported in dedicated vehicles or freight
containers. The packagings need not conform to the requirements for
package testing in part 178 of this subchapter, but must be capable of
containing any evolving gases from the contents during normal
conditions of transportation.
(b) Bulk shipments of Polymeric beads (or granules), expandable,
evolving flammable vapor or Plastic molding compounds in dough, sheet
or extruded rope, evolving flammable vapor may be packed in non-
specification bulk packagings. Except for transportation by highway and
rail, bulk packagings must be capable of containing any gases evolving
from the contents during normal conditions of transportation.
52. Section 173.222 is revised to read as follows:
Sec. 173.222 Dangerous goods in equipment, machinery or apparatus.
Hazardous materials in machinery or apparatus are excepted from the
specification packaging requirements of this subchapter when packaged
according to this section. Hazardous materials in machinery or
apparatus must be packaged in strong outer packagings, unless the
receptacles containing the hazardous materials are afforded adequate
protection by the construction of the machinery or apparatus. Each
package must conform to the packaging requirements of subpart B of this
part, except for the requirements in Secs. 173.24(a)(1) and 173.27(e),
and the following requirements:
(a) If the equipment, machinery or apparatus contains more than one
hazardous material, the materials must not be capable of reacting
dangerously together.
(b) The nature of the containment must be as follows--
(1) Damage to the receptacles containing the hazardous materials
during transport is unlikely. However, in the event of damage to the
receptacles containing the hazardous materials, no leakage of the
hazardous materials from the equipment, machinery or apparatus is
possible. A leakproof liner may be used to satisfy this requirement.
(2) Receptacles containing hazardous materials must be secured and
cushioned so as to prevent their breakage or leakage and so as to
control their movement within the equipment, machinery or apparatus
during normal conditions of transportation. Cushioning material must
not react dangerously with the content of the receptacles. Any leakage
of the contents must not substantially impair the protective properties
of the cushioning material.
(3) Receptacles for gases, their contents and filling densities
must conform to the applicable requirements of this subchapter, unless
otherwise approved by the Associate Administrator for Hazardous
Materials Safety.
(c) For transportation by aircraft, the total net quantity of
hazardous materials contained in one item of equipment, machinery or
apparatus must not exceed the following:
(1) 1 kg (2.2 pounds) in the case of solids;
(2) 0.5 L (0.3 gallons) in the case of liquids;
(3) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases; and
(4) A total quantity of not more than the aggregate of that
permitted in paragraphs (c)(1) through (c)(3) of this section, for each
category of material in the package, when a package contains hazardous
materials in two or more of the categories in paragraphs (c)(1) through
(c)(3) of this section and is offered for transportation by aircraft.
(d) When a package contains hazardous materials in two or more of
the categories listed in paragraphs (c)(1) through (c)(3) of this
section, the total quantity required by Sec. 172.202(c) of this
subchapter to be entered on the shipping paper, must be the aggregate
quantity of all hazardous materials, expressed as net mass.
Sec. 173.224 [Amended]
53. In Sec. 173.224, in the introductory text of paragraph (c)(3),
the word ``product'' is added immediately before the word
``evaluation''.
54. In Sec. 173.225, in paragraph (b), in the Organic Peroxides
Table, entries are removed or added in the appropriate alphabetical
order, to read as follows:
Sec. 173.225 Packaging requirements and other provisions for organic
peroxides.
* * * * *
(b) * * *
Organic Peroxide Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Diluent Mass (%) Temperature ( deg.C)
Technical name ID number Concentration ------------------------------------------------ Water (mass %) Packing method -------------------------- Note
(mass %) A B I Control Emergency
(1) (2).............. (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE:]
* * * * * * *
Dibenzoyl peroxide [as a paste]. Exempt........... 50 14 .............. .............. 18 Exempt
* * * * * * *
[ADD:]
* * * * * * *
Isopropyl sec-butyl UN3115........... 32 38 .............. .............. .............. OP7 -20 -10
peroxydicarbonate [and] Di-sec- + 15-
butyl peroxydi-carbonate [and] 18
Di-isopropyl peroxydicarbonate. + 12-
15
[[Page 10780]]
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 173.225 [Amended]
55. In addition, in Sec. 173.225, in paragraph (b), in the Organic
Peroxides Table, the following changes are made:
a. For the entry, ``tert-Butyl cumyl peroxide'' (UN3106), in Column
(4b), the reference ``58'' is removed and in Column (4c),
``58'' is added.
b. For the entry, ``tert-Butyl hydroperoxide'' (UN3105), in Column
(7b), the reference ``4, 13'' is removed and in Column (8), ``4, 13''
is added.
c. For the entry, ``tert-Butyl monoperoxymaleate [as a paste]''
(UN3108), in Column (3), the reference ``52'' is revised to
read ``52''.
d. For the entry, ``tert-Butyl monoperoxymaleate [as a paste]''
(UN3110), in Column (3), the reference ``42'' is revised to
read ``42''.
e. For the entry, ``tert-Butyl peroxyacetate'' (UN3109), in Column
(3), the reference ``32'' is revised to read
``32''.
f. For the entry, ``tert-Butyl peroxyacetate'' (UN3119), in Column
(3), the reference ``32'' is revised to read
``32''.
g. For the entry, ``tert-Butyl peroxyacetate'' (UN3109), in Column
(3), the reference ``22'' is revised to read
``22''.
h. For the entry, ``tert-Butyl peroxybenzoate'' (UN3103), in Column
(4a), the reference ``23'' is revised to read
``23''.
i. For the entry, ``tert-Butyl peroxybenzoate'' (UN3105), in Column
(3), the reference ``<52-77'' is="" revised="" to="" read="" ``="">52-77''.
j. For the entry, ``tert-Butyl peroxy-2-ethylhexanoate'' (UN3117),
in Column (3), the reference ``52'' is revised to read
``>32-52''.
k. For the first entry for, ``tert-Butyl peroxy-2-ethylhexanoate''
(UN3119), in Column (6), the reference ``1BC'' is revised to read
``IBC''.
l. For the entry, ``Cumyl hydroperoxide'' (UN3109), in Column (3),
the reference ``90'' is revised to read ``90''.
m. For the entry, ``1,1-Di-(tert-butylperoxy)cyclohexane''
(UN3103), in Column (4a), the reference ``20'' is revised to
read ``20''.
n. For the entry, ``Di-n-butyl peroxydicarbonate'' (UN3115), in
Column (7b), the reference ``5'' is revised to read ``-5''.
o. For the entry, ``Diethyl peroxydicarbonate'' (UN3115), in Column
(7a), the reference ``>10'' is revised to read ``-10''.
p. For the entry, ``2,5-Dimethyl-2,5-di-(tert-butylperoxy)hexyne-
3'' (UN3103), in Column (4a), the reference ``14'' is added.
q. For the entry, ``2,5-Dimethyl-2,5-dihydroperoxyhexane''
(UN3104), Column (7a), the reference ``OP6'' is removed and in Column
(6), ``OP7'' is added.
r. For the entry, ``1,1-Dimethyl-3-
hydroxybutylperoxyneoheptanoate'' (UN3117), in Column (4b), the
reference ``48'' would be removed and in Column (4a),
``48'' is added.
s. For the entry, ``3,3,6,6,9,9-Hexamethyl-1,2,4,5-
tetraoxacyclononane'' (UN3106), in Column (4b), the reference
``48'' is removed; in Column (4c), ``48'' is
added; in Column (5), the reference ``OP7'' is removed; and, in Column
(6) ``OP7'' is added.
t. For the entry, ``Peroxyacetic acid, type F, stabilized''
(UN3109), in Column (8), the reference ``13, 20'' is removed and ``7,
13, 20'' is added in its place.
u. For the entry, ``Pinanyl hydroperoxide'' (UN3105), in Column
(3), the reference ``56-100'' is revised to read ``56-100''.
56. In Sec. 173.225, in paragraph (c)(2), the word ``product'' is
added immediately before the word ``evaluation''.
57. In Sec. 173.243, in paragraph (e)(2), the period at the end of
the paragraph is revised to read ``; or'' and a new paragraph (e)(3) is
added to read as follows:
Sec. 173.243 Bulk packaging for certain high hazard liquids and dual
hazard materials which pose a moderate hazard.
* * * * *
(e) * * *
(3) The subsidiary hazard is Class 8, Packaging Group, III.
58. In Sec. 173.301, paragraph (i) is revised to read as follows:
Sec. 173.301 General requirements for shipment of compressed gases in
cylinders and spherical pressure vessels.
* * * * *
(i) Foreign cylinders in domestic use. (1) Except as provided in
this section and Sec. 171.12(c) of this subchapter, a charged cylinder
manufactured outside the United States may not be offered for
transportation to, from, or within the United States unless it has been
manufactured, inspected, and tested in accordance with the applicable
DOT specification set forth in part 178 of this subchapter.
(2) Effective October 1, 1999, a CTC specification cylinder
manufactured, originally marked and approved in accordance with the
Canadian Transport Commission (CTC) regulations and in full conformance
with the Canadian Transport of Dangerous Goods (TDG) Regulations is
authorized for the transportation of a hazardous material to, from or
within the United States under the following conditions:
(i) The CTC specification corresponds with a DOT specification and
the cylinder markings are the same as those specified in this
subchapter except that they were originally marked with the letters
``CTC in place of DOT;
(ii) The cylinder has been requalified under a program authorized
by the Canadian TDG regulations or requalified in accordance with the
requirements in Sec. 173.34(e) within the prescribed requalification
period provided for the corresponding DOT specification;
(iii) When the regulations authorize a cylinder for a specific
hazardous material with a specification marking prefix of ``DOT, a
cylinder marked ``CTC which otherwise bears the same markings that
would be required of the specified ``DOT'' cylinder may be used; and
(iv) Transport of the cylinder and the material it contains is in
all other respects in conformance with the requirements of this
subchapter (e.g. valve protection, filling requirements, operational
requirements, etc.).
* * * * *
59. In Sec. 173.306, new paragraphs (f)(4) and (f)(5) are added to
read as follows:
[[Page 10781]]
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(f) * * *
(4) Accumulators intended to function as shock absorbers, struts,
gas springs, pneumatic springs or other impact or energy-absorbing
devices are not subject to the requirements of this subchapter provided
each:
(i) Has a gas space capacity not exceeding 1.6 liters and a charge
pressure not exceeding 280 bar, where the product of the capacity
expressed in liters and charge pressure expressed in bars does not
exceed 80 (for example, 0.5 liter gas space and 160 bar charge
pressure);
(ii) Has a minimum burst pressure of 4 times the charge pressure at
20 deg.C for products not exceeding 0.5 liter gas space capacity and 5
times the charge pressure for products greater than 0.5 liter gas space
capacity;
(iii) Design type has been subjected to a fire test demonstrating
that the article relieves its pressure by means of a fire degradable
seal or other pressure relief device, such that the article will not
fragment and that the article does not rocket; and
(iv) Accumulators must be manufactured under a written quality
assurance program which monitors parameters controlling burst strength,
burst mode and performance in a fire situation as specified in
paragraphs (f)(4)(i) through (f)(4)(iii) of this section. A copy of the
quality assurance program must be maintained at each facility at which
the accumulators are manufactured.
(5) Accumulators not conforming to the provisions of paragraphs
(f)(1) through (f) (4) of this section, may only be transported subject
to the approval of the Associate Administrator for Hazardous Materials
Safety.
* * * * *
Sec. 173.306 [Amended]
60. In addition, in Sec. 173.306, paragraph (d) is removed and
reserved.
PART 174--CARRIAGE BY RAIL
61. The authority citation for Part 174 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
62. In Sec. 174.81, a new paragraph (g)(3)(vi) is added to read as
follows:
Sec. 174.81 Segregation of hazardous materials.
* * * * *
(g) * * *
(3) * * *
(vi) ``6'' means explosive articles in compatibility group G, other
than fireworks and those requiring special stowage, may be stowed with
articles of compatibility groups C, D and E, provided no explosive
substances are carried in the same rail car.
* * * * *
Sec. 174.81 [Amended]
63. In addition, in Sec. 174.81, in the paragraph (f) Compatibility
Table for Class 1 (Explosive) Materials, the following changes are
made:
a. For the entry, ``C'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' is revised to
read ``6''.
b. For the entry ``D'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' is revised to
read ``6''.
c. For the entry ``E'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' is revised to
read ``6''.
d. For the entry ``G'', under the Column (1) heading,
``Compatibility Group'', in Columns ``C'', ``D'', and ``E'', the letter
``X'' is revised to read ``6'' each place it appears.
64. Section 174.680 is revised to read as follows:
Sec. 174.680 Division 6.1 (poisonous) materials with foodstuffs.
(a) Except as provided in paragraph (b) of this section, a carrier
may not transport any package bearing a POISON or POISON INHALATION
HAZARD label in the same car with any material marked as, or known to
be, a foodstuff, feed or any other edible material intended for
consumption by humans or animals.
(b) A carrier must separate any package bearing a POISON label
displaying the text ``PG III,'' or bearing a ``PG III'' mark adjacent
to the POISON label, from materials marked as or known to be
foodstuffs, feed or any other edible materials intended for consumption
by humans or animals, as required in Sec. 174.81(e)(3) for classes
identified with the letter ``O'' in the Segregation Table for Hazardous
Materials.
PART 175--CARRIAGE BY AIRCRAFT
65. The authority citation for part 175 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 175.630 [Amended]
66. In Sec. 175.630, in paragraph (a), the wording ``KEEP AWAY FROM
FOOD,'' is removed.
PART 176--CARRIAGE BY VESSEL
67. The authority citation for part 176 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
68. In Sec. 176.76, a new paragraph (i) is added to read as
follows:
Sec. 176.76 Transport vehicles, freight containers, and portable tanks
containing hazardous materials.
* * * * *
(i) Containers packed or loaded with flammable gases or liquids
having a flashpoint of 23 deg. C or less and carried on deck must be
stowed ``away from'' possible sources of ignition.
69. In Sec. 176.83, paragraphs (a)(1), (a)(3) and (a)(8) are
revised and a new paragraph (a)(10) is added to read as follows:
Sec. 176.83 Segregation.
(a) * * * (1) The requirements of this section apply to all cargo
spaces on deck or under deck of all types of vessels, and to all cargo
transport units.
* * * * *
(3) The general requirements for segregation between the various
classes of dangerous goods are shown in the segregation table. In
addition to these general requirements, there may be a need to
segregate a particular material from other materials which would
contribute to its hazard. Such segregation requirements are indicated
by code numbers in Column 10B of the Sec. 172.101 Table.
* * * * *
(8) Notwithstanding the requirements of paragraphs (a)(6) and
(a)(7) of this section, hazardous materials of the same class may be
stowed together without regard to segregation required by secondary
hazards (subsidiary risk label(s)), provided the substances do not
react dangerously with each other and cause:
(i) Combustion and/or evolution of considerable heat;
(ii) Evolution of flammable, toxic or asphyxiant gases;
(iii) The formation of corrosive substances; or
(iv) the formation of unstable substances.
* * * * *
(10) Where the code in column (10B) of the Sec. 172.101 Table
specifies that ``Segregation as for. . .'' applies, the segregation
requirements applicable to that class in the Sec. 176.83(b) General
Segregation Table must be applied. However, for the purposes of
paragraph (a)(8) of this section, which permits substances of the same
class to be
[[Page 10782]]
stowed together provided they do not react dangerously with each other,
the segregation requirements of the class as represented by the primary
hazard class in the Sec. 172.101 Table entry must be applied.
* * * * *
Sec. 176.83 [Amended]
70. In addition, in Sec. 176.83, in the paragraph (g)(3) Table, for
the segregation requirement ``1. Away From'' , for the entries ``Fore
and aft.'' and ``Athwartships.'', under the Column heading ``Open
versus open'', under Column ``On deck'', the wording ``No restriction''
is revised to read ``At least 3 meters'' in both places it appears.
71. In Sec. 176.600, the section heading and paragraphs (a) and (c)
are revised to read as follows:
Sec. 176.600 General stowage requirements.
(a) Each package required to have a POISON GAS, POISON INHALATION
HAZARD, or POISON label, being transported on a vessel, must be stowed
clear of living quarters and any ventilation ducts serving living
quarters and separated from foodstuffs, except when the hazardous
materials and the foodstuffs are in different closed transport units.
* * * * *
(c) Each package bearing a POISON label displaying the text ``PG
III'' or bearing a ``PG III'' mark adjacent to the poison label must be
stowed away from foodstuffs.
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
72. The authority citation for Part 177 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
73. In Sec. 177.841, paragraph (e)(3) is revised to read as
follows:
Sec. 177.841 Division 6.1 (poisonous) and Division 2.3 (poisonous gas)
materials.
* * * * *
(e) * * *
(3) Bearing a POISON label displaying the text ``PG III,'' or
bearing a ``PG III'' mark adjacent to the POISON label, with materials
marked as, or known to be, foodstuffs, feed or any other edible
material intended for consumption by humans or animals, unless the
package containing the Division 6.1, Packing Group III material is
separated in a manner that, in the event of leakage from packages under
conditions normally incident to transportation, commingling of
hazardous materials with foodstuffs, feed or any other edible material
would not occur.
Sec. 177.841 [Amended]
74. In addition, in Sec. 177.841, in the introductory text of
paragraph (e)(1), the wording ``Bearing or required to bear a POISON''
is removed and ``Except as provided in paragraph (e)(3) of this
section, bearing or required to bear a POISON'' is added in its place.
75. In Sec. 177.848, a new paragraph (g)(3)(vi) is added to read as
follows:
Sec. 177.848 Segregation of hazardous materials.
* * * * *
(g) * * *
(3) * * *
(vi) ``6'' means explosive articles in compatibility group G, other
than fireworks and those requiring special stowage, may be stowed with
articles of compatibility groups C, D and E, provided no explosive
substances are carried in the same vehicle.
* * * * *
Sec. 177.848 [Amended]
76. In addition, in Sec. 177.848, in the paragraph (f)
Compatibility Table for Class 1 (Explosive) Materials, the following
changes are made:
a. For the entry ``C'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' is revised to
read ``6''.
b. For the entry ``D'', under the Column (1) heading,
``Compatibility Group'', in Column G, the letter ``X'' is revised to
read ``6''.
c. For entry ``E'', under the Column (1) heading, ``Compatibility
Group'', in Column G, the letter ``X'' is revised to read ``6''.
d. For the entry ``G'', under the Column (1) heading,
``Compatibility Group'', in Columns ``C'', ``D'' and ``E'', the letter
``X'' is revised to read ``6'' each place it appears.
PART 178--SPECIFICATIONS FOR PACKAGINGS
77. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.270-3 [Amended]
78. In Sec. 178.270-3, in paragraph (e), in the second sentence,
the reference ``ISO 82-1974(e)'' is removed and ``ISO 82'' is added in
its place.
Sec. 178.509 [Amended]
79. In Sec. 178.509, in paragraph (b)(1), in the second sentence,
the wording ``unless approved by the Associate Administrator for
Hazardous Materials Safety'' is added immediately following the words
``may be used''.
80. In Sec. 178.703, paragraph (b)(6)(ii) is revised to read as
follows:
Sec. 178.703 Marking of intermediate bulk containers.
* * * * *
(b) * * *
(6) * * *
(ii) When a composite intermediate bulk container is designed in
such a manner that the outer casing is intended to be dismantled for
transport when empty (such as, for the return of the intermediate bulk
container for reuse to the original consignor), each of the parts
intended to be detached when so dismantled must be marked with the
month and year of manufacture and the name or symbol of the
manufacturer.
81. In Sec. 178.813, in paragraph (b), a sentence is added to the
end of the paragraph to read as follows:
Sec. 178.813 Leakproofness test.
* * * * *
(b) * * * The inner receptacle of a composite intermediate bulk
container may be tested without the outer packaging provided the test
results are not affected.
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
82. The authority citation for part 180 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
83. in Sec. 180.352, the section heading and paragraphs (b)(1),
(b)(2), (b)(3) introductory text and (c) heading and introductory text
are revised, paragraphs (d) and (e) are redesignated as paragraphs (e)
and (f), respectively, and new paragraph (d) Is added to read as
follows:
Sec. 180.352 Requirements for retest and inspection of intermediate
bulk containers (IBCs).
* * * * *
(b) * * *
(1) Each IBC intended to contain liquids or solids that are loaded
or discharged under pressure must be tested in accordance with the
leakproofness test prescribed in Sec. 178.813 of this subchapter every
2.5 years, starting from the date of manufacture or the date of a
repair conforming to paragraph (d)(1) of this section.
(2) An external visual inspection must be conducted initially after
production and every 2.5 years starting from the
[[Page 10783]]
date of manufacture or the date of a repair conforming to paragraph
(d)(1) of this section to ensure that:
(i) The IBC is marked in accordance with requirements in
Sec. 178.703 of this subchapter. Missing or damaged markings, or
markings difficult to read must be restored or returned to original
condition.
(ii) Service equipment is fully functional and free from damage
which may cause failure. Missing, broken, or damaged parts must be
repaired or replaced.
(iii) The IBC is capable of withstanding the applicable design
qualification tests. The IBC must be externally inspected for cracks,
warpage, corrosion or any other damage which might render the IBC
unsafe for transportation. An IBC found with such defects must be
removed from service or repaired in accordance with paragraph (d) of
this section. The inner receptacle of a composite IBC must be removed
from the outer IBC body for inspection unless the inner receptacle is
bonded to the outer body or unless the outer body is constructed in
such a way (e.g., a welded or riveted cage) that removal of the inner
receptacle is not possible without impairing the integrity of the outer
body. Defective inner receptacles must be replaced in accordance with
paragraph (d) of this section or the entire IBC must be removed from
service. For metal IBCs, thermal insulation must be removed to the
extent necessary for proper examination of the IBC body.
(3) Each metal, rigid plastic and composite IBC must be internally
inspected at least every five years to ensure that the IBC is free from
damage and to ensure that the IBC is capable of withstanding the
applicable design qualification tests.
* * * * *
(c) Visual inspection for flexible, fiberboard, or wooden IBCs.
Each IBC must be visually inspected prior to first use and permitted
reuse, by the person who places hazardous materials in the IBC, to
ensure that:
* * * * *
(d) Requirements applicable to repair of IBCs. (1) Except for
flexible and fiberboard IBCs and the bodies of rigid plastic and
composite IBCs, damaged IBCs may be repaired and the inner receptacles
of composite packagings may be replaced and returned to service
provided:
(i) The repaired IBC conforms to the original design type and is
capable of withstanding the applicable design qualification tests;
(ii) An IBC intended to contain liquids or solids that are loaded
or discharged under pressure is subjected to a leakproofness test as
specified in Sec. 178.813 of this subchapter and is marked with the
date of the test; and
(iii) The IBC is subjected to the internal and external inspection
requirements as specified in paragraph (b) of this section.
(2) Except for flexible and fiberboard IBCs, the structural
equipment of an IBC may be repaired and returned to service provided:
(i) The repaired IBC conforms to the original design type and is
capable of withstanding the applicable design qualification tests; and
(ii) The IBC is subjected to the internal and external inspection
requirements as specified in paragraph (b) of this section.
(3) Service equipment may be replaced provided:
(i) The repaired IBC conforms to the original design type and is
capable of withstanding the applicable design qualification tests;
(ii) The IBC is subjected to the external visual inspection
requirements as specified in paragraph (b) of this section; and
(iii) The proper functioning and leak tightness of the service
equipment, if applicable, is verified.
* * * * *
Issued in Washington, DC on February 14, 1999, under authority
delegated in 49 CFR part 1.
Stephen D. Van Beek,
Acting Administrator.
[FR Doc. 99-4517 Filed 3-4-99; 8:45 am]
BILLING CODE 4910-60-P
