Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 31, 2003 (Volume 68, Number 147)]
[Rules and Regulations]
[Page 44991-45043]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy03-17]

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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 175, 176, 178 and 180
[Docket No. RSPA-2002-13658 (HM-215E)]
RIN 2137-AD41

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: RPSA is amending the Hazardous Materials Regulations (HMR) to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations and vessel stowage requirements.
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: The effective date of these amendments is
October 1, 2003.
Voluntary Compliance Date: RSPA is authorizing immediate voluntary
compliance. However, RSPA may further revise this rule as a result of
appeals it may receive for this rule.
Delayed Compliance Date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is mandatory October 1,
2004.
Incorporation by Reference Date: The incorporation by reference of
the publication adopted in Sec. 171.7 of this final rule has been
approved by the Director of the Federal Register as of October 1, 2003.

FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous
Materials Standards, telephone (202) 366-8553, or Shane Kelley,
International Standards, telephone (202) 366-0656, Research and Special
Programs Administration, U.S. Department of Transportation, 400 Seventh
Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

On December 3, 2002, the Research and Special Programs
Administration (RSPA, we) published a notice of proposed rulemaking
(NPRM) (67 FR 72034) under Docket HM-215E. The NPRM proposed changing
the Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, to
align it with updates and revisions to the UN Recommendations, the IMDG
Code and the ICAO Technical Instructions with respect to hazard
communication, classification, and packaging requirements. Our intent
was to facilitate the international transportation of hazardous
materials by ensuring a basic consistency between the HMR and
international standards, while at the same time ensuring the safe
transportation of hazardous materials.
On January 8, 2003, we published a final rule under Docket HM-215E
(68 FR 1013) authorizing the use of the 2003-2004 edition of the ICAO
Technical Instructions, Amendment 31 to the IMDG Code, and the twelfth
revised edition of the UN Recommendations beginning January 1, 2003,
the effective date of the international standards.
The UN Recommendations are not regulations, but rather 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. They serve as the basis for
National, regional, and international modal regulations; specifically,
the IMDG Code developed by the International Maritime Organization
(IMO) Dangerous Goods, Solid Cargoes and Containers Subcommittee, and
the ICAO Technical Instructions developed by the ICAO Dangerous Goods
Panel. Subject to certain conditions and limitations, Sec. 171.12 of
the HMR authorizes domestic transportation of 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, Sec. 171.11 of the HMR authorizes the offering,
acceptance and transport of hazardous materials by aircraft, and by
motor vehicle either before or after being transported by aircraft,
provided the shipment is in accordance with the ICAO Technical
Instructions.
On December 21, 1990, RSPA published a final rule (Docket HM-181;
55 FR 52402) based on the UN Recommendations, which comprehensively
revised the HMR for harmonization with international standards. Since
publication of the 1990 final rule, we have issued four additional
international harmonization final rules (Dockets HM-215A, 59 FR 67390;
HM-215B, 62 FR 24690; HM-215C, 64 FR 10742; and HM-215D, 66 FR 33316).
The rules provided additional harmonization with international
transportation requirements by more fully aligning the HMR with the
corresponding biennial updates of the UN Recommendations, the IMDG Code
and the ICAO Technical Instructions.
The large volume of hazardous materials transported in
international commerce warrants the harmonization of domestic and
international requirements to the greatest extent possible.
Harmonization serves to facilitate international transportation,
reduces cost to industry, and ensures the safety of people, property
and the environment. While the intent of the harmonization rulemakings
is to align the HMR with international standards, we review and
consider each amendment on its own merit. Each amendment is considered
on the basis of the overall impact on transportation safety and the
economic implications associated with its adoption into the HMR. Our
goal is to harmonize without sacrificing the current HMR level of
safety and without imposing undue burdens on the regulated public. In
our efforts to continue to align the HMR with international
requirements, this final rule makes changes to the HMR based on the
twelfth revised edition of the UN Recommendations, Amendment 31 to the
IMDG Code, and the 2003-2004 ICAO Technical Instructions, which became
effective January 1, 2003. Petitions for rulemaking concerning
harmonization with international standards and the facilitation of
international transportation are also addressed in this final rule and
serve as the basis of certain amendments. Other amendments are based on
feedback from the regulated industry, other DOT modal administrations
and our initiative. Also included are various editorial clarifications.
Unless otherwise stated, the revisions are for harmonization with
international standards.
Various commenters raised issues that are beyond the scope of this
rulemaking. Such issues will not be addressed in this final rule and
must first be addressed in an NPRM to afford industry and the public
opportunity to comment.

[[Page 44993]]

II. Overview of Changes in this Final Rule

Amendments to the HMR in This final rule include, but are not
limited to the following:
? Amendments to the Hazardous Materials Table (HMT) which
add, revise or remove certain proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, bulk
packaging requirements, passenger and cargo aircraft maximum quantity
limitations and vessel stowage provisions.
? Amendments to the List of Marine Pollutants.
? Revisions and additions of special provisions. Included is
the addition of a special provision for assignment to aerosol entries
setting forth the criteria for classifying aerosols.
? Addition of a requirement to enter the subsidiary hazard
class or subsidiary division number on shipping papers.
? Addition of a requirement to indicate the number and types
of packagings on shipping papers.
? Addition of an alternative basic description sequence on
shipping papers.
? Revision of marking requirements for limited quantities.
? Addition of an air eligibility marking requirement.
? Revision of requirements in Sec. 173.27 for packagings
intended for transportation by aircraft, including revision of
requirements for use of absorbent material for such packagings.
? Revision to the classification of air bag modules, air bag
inflators and seat-belt pretensioners from Division 2.2 to Class 9.
? Revision of the non-liquefied and liquefied compressed
gases descriptions, and the addition of high pressure and low pressure
liquefied gases categories.
? Revisions and additions to the Self-Reactive Materials
Table.
? Revisions and additions to the Organic Peroxide Table.
? Revision of the net weight restrictions for explosives in
freight containers exceeding 20 ft (6 m) in length.

III. Summary of Regulatory Changes by Section

Part 171

Section 171.6. We are revising the table in paragraph (b)(2) to
incorporate a new information collection, OMB No. 2137-0613,
``Subsidiary Hazard Class and Number/Type of Packagings,'' and the
affected sections, Sec. Sec. 172.202 and 172.203.
Section 171.7. We are adding Regulation 19 of an IMO standard
titled ``International Convention for the Safety of Life at Sea,''
1974, as amended, Chapter II-2. Regulation 19 is incorporated into a
new paragraph (f) in Sec. 176.63 to address hatchless container ship
requirements.
Section 171.8. In the definition for ``Large packaging,'' we are
adding the words ``Chapter 6.6'' to let readers know the location in
the UN Recommendations for the construction, testing and marking of
such packagings.
Section 171.11. We are revising paragraphs (c), (d)(5) and (d)(17)
to address certain limitations for the use of the ICAO Technical
Instructions.
In paragraph (c), for hazardous materials being transported in
accordance with the ICAO Technical Instructions, the restrictions for
the use of the Instructions are revised to include hazardous materials
that are forbidden by passenger and cargo aircraft, as designated in
Columns (9A) and (9B) of the Sec. 172.101 HMT. Prior to this revision,
the paragraph restricted materials that are forbidden according to
Sec. 173.21 and Column (3) of the HMT only.
In paragraph (d)(5), we are removing the wording ``except for
Division 2.2'' relating to shipping paper requirements for air bag
inflators, air bag modules and seat-belt pretensioners. This amendment
is consistent with the removal of the Division 2.2 air bag inflator,
air bag module and seat-belt pretensioner entry in the HMT (see Sec.
172.101).
Paragraph (d)(17) is revised to clarify the current requirement
that, in addition to organic peroxides, self-reactive substances not
specifically identified by name in Sec. 173.224(b) also must be
approved by the Associate Administrator in accordance with the
requirements in Sec. 173.124(a)(2)(iii).
Section 171.12. We are revising paragraphs (b)(3), (b)(19), and
(b)(20).
In paragraph (b)(3), we are removing certain viscous flammable
liquids as an example of a material designated as a hazardous material
subject to the HMR, but not subject to the IMDG Code. The IMO removed
the exception in Amendment 31 to the IMDG Code.
In paragraph (b)(19), we are removing the wording ``except for
Division 2.2'' relating to shipping paper requirements for air bag
inflators, air bag modules and seat-belt pretensioners. This revision
is consistent with the removal of the Division 2.2 air bag inflator,
air bag module and seat-belt pretensioner entry in the HMT (see Sec.
172.101).
In paragraph (b)(20), we are clarifying the current requirement
that, in addition to organic peroxides, self-reactive substances not
specifically identified by name in Sec. 173.224(b) must also be
approved by the Associate Administrator in accordance with the
requirements in Sec. 173.124(a)(2)(iii).
For the readers' information, recently adopted amendments to the
International Convention for the Safety of Life at Sea (SOLAS), 1974,
as amended, will require mandatory of the use of the IMDG Code
effective January 1, 2004. This issue will be addressed under a
separate rulemaking.
Section 171.12a. We are revising paragraph (b)(18) to clarify the
existing requirement that, in addition to organic peroxides, self-
reactive substances not specifically identified by name in Sec.
173.224(b) also must be approved by the Associate Administrator in
accordance with the requirements in Sec. 173.124(a)(2)(iii).
Section 171.14. We are revising paragraphs (d), (d)(1), (d)(2),
(d)(4), and (d)(5). We received several comments concerning the
proposed transitional provisions. Several commenters requested that we
implement an overall two-year transition period from the October 1,
2003 effective date, and several commenters requested an overall three-
year transition period. In the NPRM, we proposed a mandatory compliance
date of October 1, 2004.
While we do not agree that all amendments require an additional
extended compliance date, we do agree that certain amendments warrant
the additional time. We are, therefore, authorizing an October 1, 2007
mandatory compliance date for the new requirement in Sec.
172.202(a)(5) to include the number and types of packagings on shipping
papers. This requirement was identified by commenters as requiring
additional time to offset any associated burden. Additionally, we are
adopting an October 1, 2007 transition date for modifications to
package markings that will change as a result of changes to certain
proper shipping names. We are also adopting an October 1, 2005
compliance date for use of proper shipping names that did not identify
specific isomers by numbers or letters preceding the chemical name.
Finally, we are authorizing an October 1, 2005 mandatory compliance
date for the requirement to include the subsidiary hazard class or
division number on shipping papers.
We are revising paragraphs (d) and (d)(1) to authorize an October
1, 2004 implementation date for the amendments in this final rule.
We are revising paragraph (d)(2) to authorize certain intermixing
of old and new requirements until October 1, 2004.
We are revising paragraph (d)(4) to allow until June 1, 2010, DOT

[[Page 44994]]

Specification 51 portable tanks to conform with the T Codes (Special
Provisions) in effect on September 30, 2001.
We are revising paragraph (d)(5) to allow proper shipping names
that included the word ``inhibited'' prior to the June 21, 2001 final
rule, to continue to be shown on packagings and shipping papers in
place of the word ``stabilized'' until October 1, 2007. Additionally,
the October 1, 2007 date applies to the proper shipping names in this
final rule that are revised by removing the word ``compressed'' (see
Sec. 172.101, HMT).
Paragraph (d)(6) authorizes use of the shipping paper requirement
to include the total quantity of packages on shipping papers until
October 1, 2007.
Paragraph (d)(7) authorizes use of the non-mandatory provision to
include the subsidiary hazard class or division number on shipping
papers until October 1, 2005.
Paragraph (d)(8) authorizes the marking of certain other proper
shipping names on packagings until October 1, 2005. The proper shipping
names are those that are revised to include the position identifiers of
the substituents, such as 2-Ethylbutyl acetate (see Sec. 172.101, HMT
preamble discussion).

Part 172

Section 172.101. In the regulatory text preceding the Hazardous
Materials Table, the following changes are made:
Paragraph (c)(15) is revised by removing the words ``of inorganic
substances.'' Prior to this revision, unless a hydrate was specifically
listed in the HMT, only hydrates of inorganic substances were
authorized to be identified using the proper shipping name for the
equivalent anhydrous substance, provided the hydrates met the same
hazard class, division, subsidiary risk(s) and packaging group. With
the removal of the phrase ``of inorganic substances,'' paragraph
(c)(15) applies to all hydrates.
Section 172.101 Hazardous Materials Table (HMT). We are making
various amendments to the HMT. Readers should review all changes for a
complete understanding of the Table amendments. For purposes of the
Government Printing Office's typesetting procedures, changes to the HMT
will appear under three sections of the Table, ``remove,'' ``add'' and
``revise.'' Certain entries in the HMT, such as those with revisions to
the proper shipping names, will appear as a ``remove'' and ``add.''
Amendments to the HMT for the purpose of harmonizing with international
standards, unless otherwise stated, include, but are not limited to the
following:
? ``Accumulators, pressurized, pneumatic or hydraulic
(containing non-flammable gas), see Articles, pressurized, pneumatic or
hydraulic (containing non-flammable gas)'' is added as a ``see'' entry
into the HMT to aid the reader in locating the updated entry. This
action is based on feedback we received from users of the HMR after we
removed the domestic entry (``Accumulators, pressurized, pneumatic,''
UN1956), as well as certain other domestic entries from the HMT in a
final rule, HM-215D (66 FR 33316), published June 21, 2001. The entries
were removed because we determined that they were no longer necessary
considering the HMT already includes equally appropriate international
entries. (Also see Sec. 173.306(f) for a related editorial revision.)
? ``Air bag inflators, compressed gas or Air bag modules,
compressed gas or Seat-belt pretensioners, compressed gas,'' Division
2.2, UN3353 is removed. All air bag inflators, air bag modules and
seat-belt pretensioners currently classified as Division 2.2 may be
reclassified as Class 9. We are also incorporating into the HMR a
provision to allow this reclassification without further testing (see
Sec. 173.166). In line with the removal of this entry, Special
Provision 133 is also removed. We are aware that removal of the UN3353
entry will require repackaging, remarking and relabeling of all
compressed gas air bag assemblies. We received a comment from the North
American Automotive Hazmat Action Committee (NAAHAC) expressing this
concern; however, the NAAHAC stated that the proposed mandatory
compliance date of October 1, 2004, would be sufficient time to
implement the new requirements. We also believe that the mandatory
compliance date of October 1, 2004, and the transitional provisions in
Sec. 171.14(d)(2), authorizing certain intermixing of old and new
requirements, will offer sufficient time and flexibility to implement
the new requirements and reduce the costs of meeting this requirement.
? ``Air bag inflators, pyrotechnic or Air bag modules,
pyrotechnic or Seat-belt pretensioner, pyrotechnic'' UN0503, Division
1.4G, is amended by removing the word ``pyrotechnic'' from the proper
shipping names in Column (2), revising Columns (8A) and (8C) to read
``None,'' revising Column (8B) to read ``Sec. 173.62'' (also see Sec.
173.62), adding new Special Provision 161 (see Sec. 172.102), and
revising the vessel stowage columns (10A) and (10B). We are adding
Special Provision 161 because we believe that a more appropriate name
is ``Articles, pyrotechnic for technical purposes,'' UN0431. We believe
that an article meeting the criteria for Division 1.4G should be
considered a pyrotechnic article and not an air bag. We received a
comment from NAAHAC supporting this revision and stating that if an
inflator does not pass the UN Recommendations' Series 6 test criteria,
it is considered a pyrotechnic article and not an airbag. (Also see
Special Provision 161.)
? ``Air bag inflators, pyrotechnic or Air bag modules,
pyrotechnic or Seat-belt pretensioner, pyrotechnic,'' UN3268, Class 9,
is amended by removing the descriptive word ``pyrotechnic'' and adding
new Special Provision 160 (see Sec. 172.102). NAAHAC requested that we
retain the word ``pyrotechnic'' as a descriptive word in the shipping
name to provide time for depletion of existing inventories. Although we
are removing the word ``pyrotechnic'' in this rulemaking, we believe
that extending the mandatory compliance date from October 1, 2004, as
proposed in the NPRM, to October 1, 2005, as adopted in this final rule
(see Sec. 173.166(d)(5)), will provide the necessary time requested by
the commenters.
? ``Ammonium nitrate, with not more than 0.2% combustible
substances, including any organic substance calculated as carbon to the
exclusion of any other added substance,'' UN1942 is amended by
editorially correcting the italicized portion of the proper shipping
name by adding the word ``total'' after ``0.2%.''
? ``Ammonium nitrate fertilizers,'' UN2071, and ``Ammonium
nitrate fertilizers,'' UN2067 are amended by removing the italicized
portion of the proper shipping names, adding new Special Provision 150
to the UN2067 entry, and revising Special Provision 132 which applies
to the UN2071 entry (see Sec. 172.102 for Special Provision
amendments).
? ``Ammonium nitrate fertilizers,'' NA2072 and ``Ammonium
nitrate mixed fertilizers,'' NA2069 are removed. We believe that the
international entry ``Ammonium nitrate fertilizers,'' UN2067 can be
used in place of the domestic entries, which do not provide any
additional exceptions.
? A new entry, ``Ammonium nitrate emulsion or Ammonium
nitrate suspension or Ammonium nitrate gel, intermediate for blasting
explosives,'' UN3375 (also see Sec. 172.102, Special Provisions 52 and
147) is added.
? For the entry ``Calcium hypochlorite, hydrated or Calcium
hypochlorite, hydrated mixtures, with

[[Page 44995]]

not less than 5.5 percent but not more than 10 percent water,'' UN2880,
the wording ``not more than 10 percent water'' is revised to read ``not
more than 16 percent water.''
? Four proper shipping names are revised by adding the
position identifiers of the substituents. The proper shipping names are
``Diethylaminopropylamine,'' position identifier ``3';
``Dimethylcyclohexylamine,'' position identifiers ``N,N'; ``Ethylbutyl
acetate,'' position identifier ``2''; ``Propyl chloride'' which is
replaced by ``1-Chloropropane,'' and ``Tetrachloroethane,'' position
identifiers ``1,1,2,2,''. Also, see Sec. 171.14(d)(6) for the
continued use provision of these proper shipping names.
? The entry ``Hydrazine hydrate or Hydrazine aqueous
solutions, with not less than 37 percent but not more than 64 percent
hydrazine, by mass,'' UN2030 and ``Hydrazine, anhydrous or Hydrazine
aqueous solutions with more than 64 percent hydrazine, by mass,''
UN2029 are removed and ``Hydrazine aqueous solution, with more than 37%
hydrazine, by mass,'' UN2030 and ``Hydrazine, anhydrous,'' UN2029'' are
added.
? Eleven entries are revised by removing the qualifying word
``compressed.'' This action is consistent with the revisions to proper
shipping names for compressed and liquefied gases that were
incorporated into the Twelfth Edition of the UN Recommendations and
which we are adopting into the HMR (see Sec. 173.115 for additional
discussion). The eleven entries are ``Boron trifluoride, compressed,''
UN1008; ``Carbonyl fluoride, compressed,'' UN2417; ``Diborane,
compressed,'' UN1911; ``Ethylene, compressed,'' UN1962;
``Hexafluoroethane, compressed or Refrigerant gas R 116,'' UN2193;
``Nitrogen trifluoride, compressed,'' UN2451; ``Phosphorus
pentafluoride, compressed,'' UN2198; ``Silane, compressed,'' UN2203;
``Silicon tetrafluoride, compressed,'' UN1859; ``Tetrafluoromethane,
compressed or Refrigerant gas R 14,'' UN1982; and ``Xenon,
compressed,'' UN2036. Also, see Sec. 171.14(d)(6) for the continued
use provision of these proper shipping names.
? For the proper shipping name ``Lighters or Lighter refills
cigarettes, containing flammable gas,'' UN1057, the word ``cigarettes''
is removed.
? The proper shipping name ``Lithium hydroxide, monohydrate
or Lithium hydroxide, solid,'' UN2680 is revised to read ``Lithium
hydroxide.''
? For the entry ``Medicine, liquid, toxic, n.o.s.,'' UN1851,
we are adding Special Provision 36. The special provision, which limits
the maximum net quantity per package to 5 L (1 gal) for liquids and 5
kg (11 lbs) for solids, is currently assigned to ``Medicine, liquid,
flammable, toxic, n.o.s.,'' UN3248 and ``Medicine, solid, toxic,
n.o.s.,'' UN3249.
? For the entry ``Motor fuel anti-knock mixtures,'' UN1649,
we are removing the subsidiary risk hazard from the labeling
requirement, and adding new Special Provision 151. This action is based
on a petition for rulemaking (P-1420) we received (see discussion under
Sec. 172.102).
? The proper shipping name ``Uranium nitrate hexahydrate
solution,'' UN2980 is corrected by replacing the word ``Uranium'' with
``Uranyl.'' The typographical error occurred in the April 3, 2002
document published in the Federal Register (67 FR 15736).
? The entry ``Xylidines, solution,'' UN1711 is revised to
read ``Xylidines, liquid.''
? In addition to those entries identified above, we are
adding the following new entries: ``Chlorosilanes, toxic, corrosive,
n.o.s.,'' UN3361; ``Chlorosilanes, toxic, corrosive, flammable,
n.o.s.,'' UN3362; ``Ethylene glycol diethyl ether,'' UN1153; ``Fibers,
animal or fibers, vegetable burnt, wet or damp,'' UN1372; ``Fibers,
vegetable, dry,'' UN3360; ``4-Nitrophenylhydrazine, with not less than
30% water, by mass,'' UN3376; ``Organometallic compound, solid, water-
reactive, flammable, n.o.s.,'' UN3372; ``Rags, oily,'' UN1856; ``Rubber
scrap or Rubber shoddy, powdered or granulated, not exceeding 840
microns and rubber content exceeding 45%,'' UN1345; ``Sodium dinitro-o-
cresolate, wetted, with not less than 10% water by mass,'' UN3369;
``Textile waste, wet,'' UN1857; ``Trinitrobenzene, wetted, with not
less than 10% water by mass,'' UN3367; ``Trinitrobenzoic acid, wetted,
with not less than 10% water by mass,'' UN3368; ``Trinitrochlorobenzene
(picryl chloride), wetted, with not less than 10% water by mass,''
UN3365; ``Trinitrophenol (picric acid), wetted, with not less than 10%
water by mass,'' UN3364; ``Trinitrotoluene (TNT), wetted, with not less
than 10% water by mass,'' UN3366 and ``Wool waste, wet,'' UN1387.
? Various entries are amended by revising the vessel stowage
columns (10A) and/or (10B). The entries include the following: the five
``Aerosols,'' UN1950 entries; ``Ammunition, smoke with or without
burster, expelling charge or propelling charge,'' UN0303; ``Battery
fluid, alkali,'' UN2797; ``Methacrylic acid, stabilized,'' UN2531;
``Sulfur, molten,'' UN2448; and ``Urea, nitrate, wetted with not less
than 20 percent water, by mass,'' UN1357.
Also, see Sec. 172.102 for additional HMT amendments.
Appendix B to Sec. 172.101. In Appendix B to Sec. 172.101, List
of Marine Pollutants, we are revising paragraphs ``4'' and ``5'' to
update the location in the IMDG Code for the ``Guidelines for the
Identification of Harmful Substances in Packaged Form.'' This update is
based on the IMDG Code's change in location from the General
Introduction to Chapter 2.10.
In addition, we are removing the entries ``Alkylphenols, liquid,
n.o.s. (including C2-C12 homologues),'' ``Alkylphenols, solid, n.o.s.
(including C2-C12 homologues),'' ``Chlorophenols, liquid,'' and
``Chlorophenols, solid,'' from the List of Marine Pollutants. We are
revising the entry ``Alkylbenzenesulphonates, branched and straight
chain'' by adding a qualifying phrase to clarify that C11-C13 straight
chain or branched chain homologues are not regulated as marine
pollutants. Finally, we are adding the entry ``Decyl acrylate.''
Section 172.102. We are amending Sec. 172.102, Special Provisions,
as follows:
? Special Provisions 7 and 10 are removed. These special
provisions are assigned to the entries ``Ammonium nitrate mixed
fertilizers,'' NA2069 and ``Ammonium nitrate fertilizers,'' NA2072,
respectively, which we are removing (see Sec. 172.101, HMT).
? Special Provision 15, which is assigned to ``Chemical
kits,'' UN3316 and ``First aid kits,'' UN3316, is revised for
consistency with packagings authorized for limited quantity exceptions.
We are also relocating the authorized packagings to Sec. 173.161.
Revised Special Provision 15 specifies (1) which chemical and first aid
kits are properly described by the entries; (2) that materials
forbidden by air may not be included in the kits when they are
transported by air; and (3) that kits carried on board transport
vehicles for first aid or operating purposes are not subject to the
HMR.
? Special Provision 30 is revised to include an exception
from the placarding requirements for ``Sulfur, molten'' UN2448 and
``Sulfur,'' UN1350. Prior to this change, the domestic entries
``Sulfur, molten,'' NA2448 and ``Sulfur,'' NA1350 did not require
placards because both entries are Class 9 materials and meet the
placarding exceptions for the hazard

[[Page 44996]]

class in Sec. 172.504(f)(9). Revised Special Provision 30 provides the
same placarding exceptions for the international entries provided the
bulk packagings are marked in accordance with Sec. 172.325.
? Special Provision 52 is editorially revised by removing the
wording specific to fertilizers. The special provision, which is
currently applied to ``Ammonium nitrate fertilizers,'' UN2067, is added
to the new entry ``Ammonium nitrate emulsion or Ammonium nitrate
suspension or Ammonium nitrate gel, intermediate for blasting
explosives,'' UN3375. The special provision states that a material
using the assigned entries may not exhibit explosive properties of
Class 1 (explosive) when tested in accordance with the UN Manual of
Tests and Criteria, Part I, Test Series 1 and 2.
? Special Provision 130, which excepts dry batteries from the
HMR, is revised by adding a requirement that such batteries must be
securely packed and protected against short circuits and by clarifying
that dry batteries specifically named in the Sec. 172.101 Table are
not eligible for the exception.
? Special Provision 132 is revised to add the criteria for
use of this special provision. The special provision is added to the
revised entry ``Ammonium nitrate,'' UN2071, Class 9.
? Special Provision 133 is removed. This special provision
was assigned to the entry ``Air bag inflators, compressed gas or Air
bag modules, compressed gas or Seat-belt pretensioners, compressed
gas'' UN3353, Division 2.2, which is removed from the HMT by this final
rule (see discussion under Sec. 172.101, HMT.)
? Existing Special Provision 134 is revised to include
vehicles powered by lithium batteries. This revision is based on
comments from Argonne National Laboratories and the Conference on Safe
Transportation of Hazardous Articles.
? New Special Provision 145 is added to the existing entry
``Hydrogen peroxide and peroxyacetic acids mixtures, stabilized, with
acids, water and not more than 5 percent peroxyacetic acid,'' UN3149.
The special provision describes the formulations for which this entry
apply.
? New Special Provision 146 is added to the entries
``Environmentally hazardous substances, liquid, n.o.s.,'' UN3082 and
``Environmentally hazardous substances, solid, n.o.s.,'' UN3077 to
clarify that the entries may be used to describe a material that poses
a hazard to the environment if it is designated as environmentally
hazardous by the Competent Authority of the country of origin, transit
or destination, even if it is not an environmentally hazardous
substance under the HMR.
? New Special Provision 147 is added to the new entry,
``Ammonium nitrate emulsion or Suspension or Gel, intermediate for
blasting explosives,'' UN3375. The special provision describes the
composition of the material for which the use of the entry is
authorized and prohibits the material from being classified and
transported unless approved by the Associate Administrator.
? New Special Provision 149 is added to the Packing Group II
entries for 13 existing proper shipping names. The special provision
allows the maximum net capacity for inner packagings to be increased to
no more than 5 L (1.3 gal) when the material is transported as a
limited quantity. The National Paint and Coatings Association (NPCA)
supports the increase for inner packagings, stating that the potential
for errors will be greatly reduced by allowing the same quantity limits
for PG II and PG III materials. However, NPCA, along with the
Association of Hazmat Shippers and PPG Industries, requests that we
clarify that the special provision is applicable to consumer
commodities as well as limited quantities. We revised the special
provision accordingly. The 13 entries are: ``Adhesives, containing a
flammable liquid,'' UN1133; ``Coating solution (includes surface
treatments or coatings used for industrial or other purposes such as
vehicle undercoating, drum or barrel lining),'' UN1139; ``Extracts,
aromatic, liquid,'' UN1169; ``Extracts, flavoring, liquid,'' UN1197;
``Printing ink, flammable or Printing ink related material (including
printing ink thinning or reducing compound), flammable,'' UN1210;
``Paint including paint, lacquer, enamel, stain, shellac solutions,
varnish, polish, liquid filler, and liquid lacquer base,'' UN1263;
``Paint related material including paint thinning, drying, removing, or
reducing compound,'' UN1263; ``Perfumery products with flammable
solvents,'' UN1266; ``Rubber solution,'' UN1287; ``Wood preservatives,
liquid,'' UN1306; ``Resin solution, flammable,'' UN1866; ``Tars, liquid
including road asphalt and oils, bitumen and cut backs,'' UN1999; and
``Polyester resin kit,'' UN3269 for Packing Group II resin kits as
specified in Special Provision 40.
? New Special Provision 150 is added to the entry ``Ammonium
nitrate based fertilizer,'' UN2067 to authorize the use of the entry
for uniform mixtures containing ammonium nitrate as the main ingredient
within certain composition limits.
? New Special Provision 151 is added to the new entry
``Hydrazine aqueous solution, with more than 37% hydrazine, by mass''
UN2030, Packing Group I and to the existing entry ``Motor fuel anti-
knock mixtures,'' UN1649. This special provision requires a packaging
containing a material meeting the definition of a flammable liquid to
display a FLAMMABLE LIQUID label, and it requires a Class 3 subsidiary
hazard to be shown on shipping papers.
With regard to the entry ``Motor fuel anti-knock mixtures,''
UN1649, as discussed in the NPRM, we received a petition for rulemaking
(P-1420) requesting that we remove the flammable subsidiary risk for
this entry. The petitioner stated that the international standards do
not assign the entry a flammable subsidiary risk and that the
inconsistency with the HMR causes a regulatory compliance burden when
transporting the material internationally. The petitioner stated that
removing the subsidiary risk is additionally justified because motor
fuel anti-knock mixtures containing tetramethyl lead, with fire points
greater than 54 [deg]C (129.2 [deg]F), are no longer manufactured or
transported. Although the UN Recommendations, the ICAO Technical
Instructions and the IMDG Code do not assign a flammable subsidiary
risk to the entry, all three standards assign a special provision
stating that mixtures with a flashpoint of less than 60.5 [deg]C (141
[deg]F) must bear a flammable liquid subsidiary risk label. We are
removing the flammable subsidiary risk from the label requirements in
Column (6) of the HMT for ``Motor fuel anti-knock mixtures,'' UN1649
and adding a new Special Provision 151 to require a FLAMMABLE LIQUID
subsidiary label only when the mixtures have a flashpoint of less than
60.5 [deg]C (140.9 [deg]F). Also, see preamble text under the Sec.
172.101 Table changes.
? New Special Provision 153 is added to the five
``Aerosols,'' UN1950 entries to provide the criteria for classifying
aerosols.
? New Special Provision 155 is added to two entries, ``Fish
meal, stabilized or Fish scrap, stabilized,'' UN2216 and ``Fish meal,
unstabilized or Fish scrap, unstabilized,'' UN1374. The special
provision specifies that the fish scrap or fish meal may not be
transported if the temperature of fish scrap at the time of loading
either exceeds 35 [deg]C (95 [deg]F), or exceeds 5 [deg]C (41 [deg]F)
above the ambient temperature, whichever is higher. Also see Sec.
173.218 for additional discussion.
? New Special Provision 156 is added to three entries, ``Blue
asbestos (Crocidolite) or Brown asbestos (amosite, mysorite),'' UN2212,
``White

[[Page 44997]]

asbestos (chrysotile, actinolite, anthophyllite, tremolite),'' UN2590,
and ``Asbestos,'' NA2212. The special provision provides an exception
from the HMR for certain asbestos. Prior to this change, the exception
was located in Sec. 173.216(b) and excepted asbestos immersed or fixed
in a natural or artificial binder material and asbestos contained in
manufactured products. Before the development of the HM-215E NPRM, we
received comments that Sec. 173.216 was not an appropriate location
for this exception because it is referenced in the non-bulk column of
the HMT, leading readers to believe that the exception applies to non-
bulk packagings only. To clarify that this exception applies to both
non-bulk and bulk packagings, we are moving the exception from Sec.
173.216(b) to new Special Provision 156.
? New Special Provision 157 is added to the entries
``Vehicle, flammable gas powered,'' and ``Vehicle, flammable liquid
powered,'' each of which is assigned to UN3166. The new special
provision specifies that the entries include hybrid electric vehicles
powered by both internal combustion engines and wet, sodium or lithium
batteries. NAAHAC agrees with the adoption of Special Provision 157,
and requests that we clarify whether we are addressing all wet
batteries. We do intend for the entries ``Vehicle, flammable gas
powered'' and ``Vehicle, flammable liquid powered,'' and Special
Provision 157 to apply to all wet batteries. While we are not aware of
any hybrid vehicles that utilize wet batteries as a source of
propulsion power, we included the reference in order to provide
flexibility to encompass all wet batteries contained in the vehicle.
? New Special Provision 159 is added to the entry ``5-tert-
Butyl-2,4,6-trinitro-m-xylene or Musk Xylene,'' UN2956. The special
provision requires this material to be protected from direct sunshine
and kept in a cool, well-ventilated place away from sources of heat.
? New Special Provision 160 is added to the entry ``Air bag
inflators, or Air bag modules, or Seat-belt pretensioner,'' UN3268,
Class 9. The special provision includes the requirement that air bag
inflators and modules must be tested in accordance with Test series 6
(c) of Part I of the UN Manual of Tests and Criteria, and also includes
an exception from testing air bag modules that contain an inflator that
has been previously approved for transportation. We received a comment
from NAAHAC supporting adoption of this special provision.
? New Special Provision 161 is added to the entry ``Air bag
inflators, pyrotechnic or Air bag modules, pyrotechnic or Seat-belt
pretensioners, pyrotechnic,'' UN0503, Division 1.4G. One commenter
stated that the addition of this special provision poses an unnecessary
burden for international shippers by requiring the use of the proper
shipping name, ``Articles, pyrotechnic for technical purposes,''
UN0431. Special Provision 161 applies only to domestic shipments.
Shipments offered and transported in accordance with the provisions of
Sec. Sec. 171.11 and 171.12 are not subject to this special provision.
The special provision specifies that the UN0503 entry may not be used
for domestic shipments and that the more appropriate description is
``Articles, pyrotechnic for technical purposes,'' UN0431. We believe
that describing articles meeting the Class 1.4G criteria as air bags is
misleading and may cause confusion for emergency responders. The
wording ``or seat belt pretensioners'' was inadvertently omitted from
the NPRM's regulatory text and is added in this final rule. Also, see
Sec. 172.102, HMT, which includes the amendment to remove the
italicized word ``pyrotechnic'' from the UN0503 entry.
? New Special Provision 162 is added to eight new entries and
two existing entries. The Special Provision authorizes the material to
be transported under the provisions of Division 4.1, only if it is
packed so that at no time during transport will the percentage of
diluent fall below the percentage that is specified in the proper
shipping name. The new entries are ``4-Nitrophenylhydrazine, with not
less than 30% water, by mass,'' UN3376; ``Sodium dinitro-o-cresolate,
wetted, with not less than 10% water by mass,'' UN3369;
``Trinitrobenzene, wetted, with not less than 10% water by mass,''
UN3367; ``Trinitrobenzoic acid, wetted, with not less than 10% water by
mass, UN3368; ``Trinitrochlorobenzene (picryl chloride), wetted, with
not less than 10% water by mass,'' UN3365; ``Trinitrophenol (picric
acid), wetted, with not less than 10% water by mass,'' UN3364;
``Trinitrotoluene (TNT), wetted, with not less than 10% water by
mass,'' UN3366; and ``Urea nitrate, wetted, with not less than 10%
water by mass,'' UN3370. The two existing entries are ``Barium azide,
wetted with not less than 50 percent water, by mass,'' UN1571 and
``Dipicryl sulfide, wetted with not less than 10 percent water, by
mass,'' UN2852.
? New Special Provisions A54 and A55 are added to address
certain requirements for the transportation of lithium batteries by
aircraft. Special Provision A54 provides for an approval provision that
authorizes lithium batteries and lithium batteries contained in
equipment or packed with equipment to exceed the quantity limits as
specified in Column (9B) of the HMT when transported by cargo aircraft,
if approved by the Associate Administrator. Based on a comment we
received from the Portable Rechargeable Battery Association (PRBA)
stating that we did not take into account large lithium batteries
contained in equipment, we are increasing the quantity in the HMT for
lithium batteries contained in equipment from 5 kg to 35 kg for
consistency with the maximum quantity per package specified for lithium
batteries packed with equipment. Additional comments submitted by PRBA
are beyond the scope of this rulemaking. Special Provision A55 provides
for an approval provision to authorize prototype batteries to be
transported by cargo aircraft, if approved by the Associate
Administrator. We are assigning Special Provisions A54 and A55 to the
entries ``Lithium battery,'' UN3090, ``Lithium batteries, contained in
equipment,'' UN3091 and ``Lithium batteries packed with equipment,''
UN3091.
? New Special Provision A56 is added to address the air
transport of radioactive material with subsidiary hazards of Division
4.2, PG I, and Divisions 2.1 or 2.3. Division 4.2, PG I subsidiary
hazard materials are authorized for transportation by aircraft in Type
B packagings only. Materials with a 2.1 subsidiary hazard are
prohibited from transport aboard passenger aircraft. The special
provision is in alignment with the ICAO Technical Instruction's Special
Provision A78, with regard to radioactive materials with Division 2.1
subsidiary hazard but not the Division 4.2, PG I packaging requirement
or the Division 2.3 subsidiary hazard approval provision. New Special
Provision A56 includes Division 4.2, PG I because we believe it was
inadvertently omitted in ICAO's Special Provision A78, and we
understand that steps are being taken to address the matter with the
ICAO Dangerous Goods Panel. See the Sec. 172.101 HMT in the regulatory
text of this rule for specific entries.
? Special Provision IB3 is revised by excepting ``Ammonia
solutions, relative density between 0.880 and 0.957 at 15 degrees C in
water, with more than 10 percent but not more than 35 percent
ammonia,'' UN2672 from the Special Provision's ``Additional
Requirement'' that authorizes liquids with a vapor pressure less than
or equal to 110 kPa

[[Page 44998]]

at 50 [deg]C (1.1 bar at 122 [deg]F), or 130 kPa at 55 [deg]C (1.3 bar
at 131 [deg]F). New Special Provision IP8 is also added to the UN2672
entry.
? Special Provision IB52 (Table 2) is revised by adding
additional packaging authorizations for certain entries and correcting
various typographical errors. The entry ``Dicumyl peroxide,'' UN3110 is
corrected by adding ``2000'' as the maximum quantity in liters. In
addition, we are moving the approval provision for formulations not
covered in Special Provision IB52 to Sec. 173.225(e)(5). Section
173.225(e) currently contains an approval provision for portable tanks,
and we believe this paragraph is a more appropriate location for the
IB52 approval provision.
? New Special Provision IP8 (Table 3) is added to the
existing entry ``Ammonia solutions, relative density between 0.880 and
0.957 at 15 degrees C in water, with more than 10 percent but not more
than 35 percent ammonia,'' UN2672 (see Special Provision IB3). We
received a comment from the Industrial Packaging Alliance of North
America supporting this addition. The special provision authorizes
ammonia solutions to be transported in rigid or composite plastic
intermediate bulk containers (IBCs) (31H1, 31H2 and 31HZ1), if the
rigid plastic and composite IBCs have successfully passed, without
leakage or permanent deformation, the hydrostatic test specified in
Sec. 178.814 at a test pressure that is not less than 1.5 times the
vapor pressure of the contents at 55 [deg]C (131 [deg]F).
? New Special Provision N83 is added to the new entry ``Urea
nitrate, wetted, with not less than 10% water by mass,'' UN3370. This
special provision limits the quantity of this material to no more than
11.5 kg (25.4 lbs) per package.
? New Special Provision N84 is added to six new entries and
one existing entry. The special provision limits the quantity per
package to no more than 500 g (1.1 lbs.). The six new entries are:
``Trinitrophenol (picric acid), wetted, with not less than 10% water by
mass,'' UN3364; Trinitrochlorobenzene (picryl chloride), wetted, with
not less than 10% water by mass,'' UN3365; ``Trinitrotoluene (TNT),
wetted with not less than 10% water by mass,'' UN3366;
``Trinitrobenzene, wetted, with not less than 10% water by mass,''
UN3367; ``Trinitrobenzoic acid, wetted, with not less than 10% water by
mass,'' UN3368; and Sodium Dinitro-o-cresolate, wetted, with not less
than 10% water by mass,'' UN3369. The existing entry is Dipicryl
sulfide, wetted with not less than 10 percent water, by mass,'' UN2852.
? New Special Provision N85 is added to two existing entries,
``Isosorbide dinitrate mixture with not less than 60 percent lactose,
mannose, starch or calcium hydrogen phosphate,'' UN2907 and
``Pentaerythrite tetranitrate mixture, desensitized, solid, n.o.s. with
more than 10 percent but not more than 20 percent PETN, by mass,''
UN3344. The special provision prohibits the material from being
transported in packagings conforming to the requirements of Part 178 of
the HMR at the Packing Group I performance level. This action addresses
over-confinement hazards associated with these materials by prohibiting
the use of packagings meeting the Packing Group I performance criteria.
? Special Provision T23 is revised to correct typographical
errors for the entries ``tert-Butyl peroxyacetate, not more than 32% in
diluent type B'' and ``tert-Butyl peroxypivalate, not more than 27% in
diluent type B.'' The word ``tyupe'' is corrected to read ``type'' and
the control temperature, ``-5 [deg]C,'' is corrected to read ``+5
[deg]C.''
? Special Provision TP3 is editorially revised for clarity.
Section 172.202. We are revising paragraphs (a)(2), (a)(5) and (b)
as discussed below.
Requirement To Include the Subsidiary Hazard on Shipping Papers
In paragraph (a)(2), we are requiring the subsidiary hazard
class(es) or subsidiary division number(s) to be entered in parentheses
following the primary hazard class or division number on shipping
papers. Prior to this amendment, the requirement only applied to
transportation by vessel. As discussed in the NPRM, this amendment
responds to four petitions for rulemaking, P-1363, P-1398, P-1402 and
P-1418. One petitioner (P-1363) stated that the lack of such a
requirement poses problems for motor carriers concerning segregation,
separation and placarding requirements and poses a safety hazard. The
petitioner pointed out that when the hazardous materials being
transported include a subsidiary hazard such as ``dangerous when wet''
or a subsidiary hazard requiring more stringent requirements than the
primary hazard, there is no indication of the subsidiary hazards on the
shipping papers and no indication of the subsidiary risks on placards.
The petitioner stated that when motor vehicles are being loaded at a
dock, labels are not enough to alert hazardous materials employees
loading the vehicles or emergency responders of the subsidiary risks of
materials contained in the vehicle.
Two petitions (P-1398 and P-1402) were specific to Division 4.3
materials. The petitioners requested that we require the shipping paper
to contain the words ``dangerous when wet'' following the basic
description for hazardous materials classed as Division 4.3 or having a
Division 4.3 subsidiary hazard. The petitioners stated that the
additional information would aid emergency responders by more clearly
identifying the hazard.
We agree with the petitioners and we are adding a requirement to
identify all subsidiary risks of a hazardous material on the shipping
paper.
We do not agree with the petitioner's (P-1363) suggestion to
provide an exception from the revised requirement to include the
subsidiary hazard on shipping papers when the subsidiary hazard is
identified in the proper shipping name (for example, ``Flammable
liquid, toxic, n.o.s.''). This suggested approach is inconsistent with
the UN Recommendations and would result in the addition of a domestic
exception that would not enhance hazard communication.
Some commenters supported the requirement to indicate the
subsidiary hazard in the basic shipping description; however, other
commenters asked that we provide a delayed implementation date in order
to minimize associated costs resulting from changes that will need to
be made to computer generated shipping forms. One commenter estimates
that adding subsidiary hazard information to shipping papers will
necessitate modifications to 80,000 active data profiles and case-by-
case updates to possibly 200,000 additional data profiles. Another
commenter suggests that our cost estimates in the NPRM understate the
actual costs that shippers will incur, stating that its costs to comply
with the shipping paper revisions proposed in the NPRM will total about
$3,600,000. Other commenters agree that substantial time and resources,
including modifications to systems and training programs, will be
required to implement the new requirements. We agree that additional
time is necessary and are extending the mandatory compliance date for
this change until October 1, 2005 (See Sec. 171.14). This date
provides industry two years from the effective date of this final rule
to implement the requirement and should help to reduce the
implementation burden and costs of compliance with the change.

[[Page 44999]]

Requirement To Include Number and Types of Packages on Shipping Papers
We are also revising paragraph (a)(6) regarding the indication on
shipping papers of the total quantity of hazardous materials. The
amendment makes it mandatory for shippers to include on shipping papers
the number and types of packages, such as drums, boxes, jerricans,
etc., being used to transport hazardous materials by all modes of
transportation. In the NPRM, we proposed a one-year implementation
period and requested comments specific to this issue, including
suggestions to minimize any impacts that would be associated with the
change, such as providing an extended transition period. A number of
the commenters suggested that because of the costs associated with
implementing the changes, such as to computer programs and systems, we
should extend the compliance date. Most commenters suggested that a two
or three-year implementation period would be sufficient. We agree that
this new requirement warrants additional time to implement. To help
reduce the implementation burden and associated costs, we are
authorizing use of the current requirements until October 1, 2007 (see
Sec. 171.14). This date will provide companies four years from the
effective date of this final rule.
One commenter requested that we justify the requirement to indicate
package types and numbers on shipping papers. We believe that the
requirement to indicate types and numbers of packages will enhance the
safety and security of hazardous materials transportation while
enhancing international harmonization. When incidents occur during
transportation, it is essential to know the number of packages present
in a given shipment. For example, emergency responders at the scene of
an incident would use the information to be certain that they have
accounted for all of the packages. After a release of hazardous
materials from a motor vehicle involved in a highway traffic accident,
it is important for the emergency responders to quickly ascertain the
number and types of packages when determining their emergency response
actions.
From a security perspective, an indication of the number and type
of packages facilitates accountability of the packages. With today's
heightened risk of terrorism, the requirement to include the number and
types of packages on shipping papers is an effective tool in promoting
public safety by allowing carriers, transportation workers, emergency
responders and law enforcement personnel to quickly determine whether
packages may be missing, such as from theft. The requirement will
assist law enforcement personnel in identifying questionable shipments
where further investigation may be warranted. The requirement will help
deter and prevent hazardous materials in transportation from being used
in a criminal manner, such as weapons of terrorism.
Finally, for ease of compliance with the appropriate regulations,
international carriers engaged in the transportation of hazardous
materials by aircraft generally elect to comply with the ICAO Technical
Instructions, while vessel operators generally elect to comply with the
IMDG Code. Because the ICAO Technical Instructions and the IMDG Code
currently require the number and types of packages to be included on
shipping papers, shippers complying with these international
regulations are presently subject to conformance with this requirement.
Consistency between international regulations and the HMR with respect
to requiring the number and types of packages to be included on
shipping papers is another step towards our goal of international
uniformity.
One commenter requested that we allow the newly required indication
of package types and numbers information to be entered before or after
the basic description. We agree and have adopted this placement in this
final rule.
Several commenters asked whether we would allow abbreviations for
package type, noting that EPA allows certain abbreviations on the
hazardous waste manifest. We agree that abbreviations may be used for
package types and have revised paragraph (a)(6) accordingly.
We reformatted paragraph (a)(5) in response to a comment from the
Dangerous Goods Advisory Council (DGAC) requesting clarification on the
structure of paragraph. For the purpose of consolidation, we also
transferred to paragraph (a)(5) the existing additional requirements
for transportation by vessel currently located in Sec. 172.203(i)(1),
(i)(2), (i)(3) and (i)(6).
Optional Sequence of Information
Paragraph (b) is revised to allow an alternative to the basic
description sequence currently required in this paragraph. Under the
alternate format, the identification number is listed first, followed
by the proper shipping name, the hazard class and subsidiary risk, and
packing group number. Several commenters stated that authorizing a new
sequence of information will cause confusion, and two commenters
requested that a single sequence of information be adopted at the
international level. While we believe that the new sequence is
necessary for harmonization with international regulations, we are
making it optional, rather than requiring it in this final rule. We
agree that it would be beneficial to work with the appropriate
international bodies to adopt on a single sequence of information.
Structure of 172.202(a)(5)
One commenter requested that 172.202(a)(5) be restructured to
clarify the requirements. We agree and have made the necessary changes.
Description of Cylinders on Shipping Papers
One commenter requested that cylinders not be excepted from the
requirement to indicate the total quantity on the shipping paper. This
comment is outside the scope of this rulemaking as it addresses an
existing requirement. Another commenter requested that we clarify Sec.
172.202(a)(5) to indicate that cylinders may be described by a net or
gross quantity, in addition to by number of cylinders. The commenter is
correct that a net or gross mass may be used to describe cylinders and
that this information is not mandatory. As previously discussed,
however, we are requiring that the number and types of packages be
included on shipping papers. This final rule, therefore, continues to
allow the option of indicating the mass of cylinders, but makes
mandatory the indication of the number of cylinders in a shipment. One
commenter questioned whether airbags containing compressed gas
cylinders would be subject to this requirement. We do not consider
cylinders employed for use in airbags or other articles to be in the
package, so the requirement does not apply in this instance. In the
case of airbags and other articles containing cylinders, the package
containing the airbag or article is considered to be the package.
Requirement To Indicate Net or Gross Mass
One commenter noted that the removal of the words ``as otherwise
appropriate'' implies that shippers can no longer use other more
relevant units of radioactivity to account for the quantity of
radioactive materials in a consignment. This was not our intent, and we
have specifically added text to allow the use of units more appropriate
to radioactive material shipments.
Several commenters suggested that we eliminate the words ``net
mass'' and ``gross mass'' from the example ``1box, net mass, 30 kg'' or
``2 drums, gross

[[Page 45000]]

mass, 200 kg.'' We agree that the example may be misleading and have
removed the example from the section.
Several commenters noted that the sentence ``Abbreviations may be
used to specify the unit of measurement for the total quantity'' is
redundant because it is permitted in 172.202(c). We agree and have
removed the sentence.
One commenter requested we retain the current phrase ``* * * of the
hazardous material covered by the description * * *'' and not adopt the
new phrase ``* * * of each hazardous material bearing a different
proper shipping name, UN number or packing group * * *.'' We agree that
the existing wording is adequate considering each element of the
proposed language is a part of the ``description'' and have retained
the current text.
One commenter suggested we use the term ``packages containing only
residue'' rather than the term ``empty packagings.'' This comment is
outside the scope of this rulemaking.
One commenter requested that we require a gross mass, and not a net
mass or volume, due to placarding requirements. Because this was not
proposed in the NPRM, the comment is beyond the scope of this final
rule.
Section 172.203. We are removing and relocating paragraphs (i)(1),
(i)(2), (i)(3) and (i)(6). With adoption of the requirement to indicate
types of packagings on shipping papers in Sec. 172.202, we are
consolidating the four vessel requirements in Sec. 172.203(i) by
moving them to the description requirements in Sec. 172.202(a)(5). The
paragraphs address additional shipping paper requirements for the
identification of the type, number and gross mass of packagings, and
the identification of subsidiary hazards consistent with international
standards. The current paragraphs (i)(4) and (i)(5) are redesignated
(i)(1) and (i)(2).
Section 172.301. Paragraph (a)(1) is revised to reflect the new
alternative marking requirement in Sec. 172.315 for packages
containing limited quantities of hazardous materials. Packages
containing limited quantities of hazardous materials must be marked
with the proper shipping name in accordance with Sec. 172.301, or in
accordance with the new alternative marking in Sec. 172.315 that
consists of an identification number placed within a diamond. (See
Sec. 172.315). Several commenters requested that we allow a shipment
to be transported solely via highway and rail when marked and labeled
for transport by aircraft. These comments, however, were based on the
NPRM text which proposed to incorporate the marking as a mandatory
requirement. Because we are adopting the marking as an alternative to
the current requirements, a limited quantity package prepared for air
transport is also acceptable for transportation solely by highway and
rail without adding the marking as specified by Sec. 172.315.
Section 172.312. A new paragraph (c)(6) is added to allow packages
containing liquid infectious substances in primary receptacles not
exceeding 50 ml (1.7 oz) to be excepted from the requirements in Sec.
172.312(a). Section 172.312(a) requires liquid hazardous materials
packaged in non-bulk combination packagings to be packed with closures
upward and to be legibly marked with orientation markings.
Section 172.315. A new section, Sec. 172.315, is added as an
alternative marking requirement for packagings containing limited
quantities of hazardous materials. This section allows limited quantity
packagings to be marked with the identification (ID) number placed
within a diamond. After considering the comments discussed below, we
are incorporating the diamond marking into the HMR as an alternative
to, rather than a replacement of, the existing marking requirements for
limited quantities. In addition, the UN Committee of Experts on the
Transport of Dangerous Goods will be addressing requirements for
limited quantities and consumer commodities during their 2003-2004 work
program. While we are not aware of any proposals to change the package
marking for limited quantities, there is a possibility that changes may
be discussed and adopted, and therefore, replacing the existing
requirement would be premature at this time.
Not all commenters support adopting the requirement. Several
commenters opposed the requirement because the diamond marking is not
contained in the ICAO Technical Instructions. One commenter incorrectly
stated that the requirement is not contained in any of the
international standards, including the IMDG Code, and asked us to
explain our purpose for proposing the limited quantity marking.
Currently, the diamond marking is contained in Chapter 3.4.5.1.2 of the
IMDG Code and in Chapter 3.4 of the UN Recommendations. By
incorporating the marking as an alternative requirement, persons have
the flexibility to continue using the current limited quantity package
marking.
With respect to the ICAO Technical Instructions, we agree with the
commenters' argument that incorporating the marking requirement will
create unnecessary problems. Several commenters noted that under the
current limited quantity requirements, they may mark and label packages
containing limited quantities prepared for air transport and also ship
them domestically by ground. URS Corporation stated that if we adopted
this requirement, packages prepared for air transport displaying a
hazard label and marked with the ID number and proper shipping name
would need to be additionally marked with the new limited quantity
marking when also transported by highway or rail. This would preclude
shippers from using a single system of marking and labeling when
packages marked and labeled for air transport are also being
transported by highway or rail. We agree that applying the new limited
quantity marking for packages prepared for air transport would be
redundant. The commenters requested that we allow a shipment to be
shipped via ground when marked and labeled for air transport,
regardless of whether any portion of the transport includes
transportation by air. In response to the commenters' request, we are
revising the regulatory text in paragraph (a) by adding the words
``Except for transportation by aircraft.''
Some commenters requested an extended transition period, until
October 1, 2006, for the continued use of the existing limited quantity
requirement. The commenters pointed out that the October 1, 2004
delayed implementation date may not afford industry enough time to
clear their stocks of packagings marked in accordance with the current
marking requirements. With the adoption of this requirement as an
option, the current limited quantity marking is retained and,
therefore, an extended transition period is not necessary.
The Florida Department of Environmental Protection, Bureau of
Emergency Response (FDEP-BER) believes that all packages should display
the proper shipping name in order to determine the contents. FDEP-BER
stated that ID numbers are not as easy and quick to identify as proper
shipping names. In addition, using the ID number instead of a proper
shipping name may require a person to consult reference materials to
determine the contents of the packages because certain ID numbers apply
to more than one chemical or reference only a generic shipping
description that lacks the specific composition of the material. While
we recognize the concerns of the commenters, we do not agree that
indicating the UN number in lieu of the proper shipping name will
compromise safety. We believe the proper shipping name can be quickly
determined using

[[Page 45001]]

the Emergency Response Guidebook's section containing ID numbers.
One commenter requested a clarification regarding color
specification for the limited quantity marking. Consistent with the UN
Recommendations and the IMDG Code, we are not restricting the marking
to a specific color.
Two commenters requested early voluntary compliance, as of January
1, 2003, with the new limited quantity marking. Because the NPRM did
not include this requirement together with the proposed early
compliance date for the incorporation-by-reference materials, the
request is considered beyond the scope of this final rule. We are,
however, authorizing immediate voluntary compliance upon the date of
publication of this final rule.
Based on the above discussion, we are adding a new section, Sec.
172.315, as an alternative marking requirement for packages containing
limited quantities of hazardous materials. When marked in accordance
with this section, limited quantity packages must be marked with the
identification (ID) number placed within a square-on-point. Marking the
proper shipping name on limited quantity packages is not required when
using this marking, but is permissible. The line forming the square-on-
point must be at least 2 mm thick and the height of the ID number no
less than 6 mm. For packages containing more than one limited quantity
of hazardous materials with different ID numbers, the packaging must be
marked with either individual diamonds bearing a single ID number, or a
single diamond large enough to include each applicable ID number. The
marking must be durable, legible and of a size relative to the
packaging as to be readily visible.
Section 172.321. A new section, Sec. 172.321, is added to
incorporate an air eligibility marking requirement into the HMR for
non-bulk packages offered for transportation by aircraft. Section
172.321 replaces the proposed Sec. 172.323 as the location for this
requirement because Sec. 172.323 is now the marking section for
infectious substances. The marking certifies compliance with all the
applicable air transport requirements that apply to a package
containing hazardous materials that is offered for transport by air,
including pressure differential requirements, package markings and
labels, inner packaging limits, selection of appropriate types of
packagings, use of closure instructions for inner packagings, use of
absorbent materials, application of the cargo aircraft handling label
(when applicable), and proper classification of the contents of the
packaging.
We received approximately 10 comments addressing the proposed air
eligibility mark. Some commenters are in favor of the marking, but
request certain revisions, while other commenters are opposed to the
adoption of the mark altogether.
Several commenters addressed the distinction between the use of the
words ``package'' and ``packaging.'' The ICAO's use of the word
``package'' in the Technical Instructions and our use of the word
``package'' as proposed in the NPRM has led to misunderstandings of the
meaning and applicability of the air eligibility mark. One commenter
suggested that we postpone adoption of this requirement until ICAO has
considered this issue. Another commenter suggested that we submit a
variation to ICAO if we adopt the air eligibility mark as proposed. We
interpret the current ICAO text that states shipments must ``meet all
the applicable requirements for air transport'' to include the
packaging plus its contents (the ``package'') and not the packaging
alone. On the basis of a proposal to ICAO to revise the Technical
Instructions by clarifying that the certification marking applies to
the package, the ICAO Dangerous Goods Panel recently agreed to amend
the ICAO Technical Instructions to indicate that the air eligibility
mark is an indication that the shipper has determined that the
``package'' meets the applicable air transport requirements. Based on
the foregoing, the text, as proposed, will be consistent with the ICAO
Technical Instructions. Therefore, we believe it is appropriate to
adopt this change at this time.
The Air Transport Association (ATA), the Air Line Pilots
Association (ALPA) and Delta Airlines stated that the wording ``each
person'' in paragraph (a) suggests that any person, including the
carrier and the forwarder would be responsible for marking the package
with the air eligibility mark. ALPA maintains that it is important for
the marking to be applied when the package is being prepared. We agree
that the offeror is the appropriate person to assume responsibility for
the mark and that the carrier is responsible for ensuring that the mark
is present. We are revising paragraph (a) by replacing the wording
``each person who offers for transportation or transports'' with ``each
person who offers for transportation.'' This revision also responds to
a comment that we received from DGAC in which DGAC cited the Federal
hazardous materials transportation law concerning ``Representation''
and questioned the authority to place the air eligibility marking on a
package. DGAC stated that, as proposed, requiring the mark to represent
total certification of compliance would suggest that the only person
who may ``display the marking on a package would be the same person
making the certification'' in accordance with Sec. 172.204. DGAC went
on to question whether a packaging manufacturer may pre-certify
compliance because there is no signature involved in the display of the
marking. As discussed in the paragraph above, it is the offeror who is
responsible for the certification. The packaging manufacturer is not
certifying that the package is in compliance with all applicable
requirements. The marking has no significance as a certification until
the package is offered for transportation. With respect to the
statement suggesting that only a signature can represent certification,
the commenter is incorrect. Although the air eligibility mark, as a
form of certification, does not waive the shipping paper certification,
the air eligibility mark certifies that the package meets all
applicable requirements for air transport. This is consistent with
existing regulatory text in Sec. 172.316 that states the ORM-D marking
is the certification that the material is properly described, classed,
packaged, marked and labeled.
Several commenters disagree with allowing the air eligibility mark
to be hand drawn. Currently, the HMR does not prohibit any markings
from being hand drawn provided all applicable specifications are met.
We did not propose a specific graphic for the marking and do not
believe it is necessary to single out the air eligibility mark from
being hand drawn as long as it clearly depicts an airplane in a circle
and says ``Air Eligible.'' However, we may consider proposing a
specific graphic for the air eligibility marking in future rulemaking,
preferably based on a consensus standard.
Dupont, the Air Transport Association (ATA), ALPA and Delta
Airlines disagree with allowing the air eligibility mark to be
preprinted on packages. The commenters believe that preprinted packages
can inadvertently be used for shipments that are not suitable for air
transport. Currently, the HMR authorizes UN markings and other package
markings to be preprinted and we view the air eligibility mark as
similar. In certain instances it may be more cost effective for the
shipper to preprint the mark. It is our position that it is the
responsibility of the offeror to ensure that every package bearing the

[[Page 45002]]

mark is air eligible, regardless of whether it is preprinted or not.
One commenter incorrectly questions why we except dry ice from the
air eligibility mark when the ICAO Technical Instructions do not
provide the exception. The ICAO Technical Instructions contain the same
exception in the dry ice packing instruction (see ICAO Technical
Instruction 904).
One commenter opposing the incorporation of the air eligibility
mark is concerned that currently marked shrink-wrapped packages will be
required to be remarked. As discussed earlier in this preamble, we are
providing an extended transition period, until October 1, 2004, which
will allow sufficient time for such packages to be transported as they
are currently marked.
One commenter believes there is not enough space for another
marking and states that if the package has been tested under UN
certification, ``it is fit for air.'' We disagree. The size requirement
specifies only that mark be visible. Meeting the UN packaging test
requirements is not an assurance that the package is suitable for its
contents or that it complies with the applicable air transport
requirements.
Several commenters are opposed to the air eligibility marking
stating that our interpretation of what the air eligibility mark
certifies is too broad or that the mark is unnecessary because the
certification statement on the shipping paper is sufficient. We
disagree. The air eligibility mark communicates the certification
directly on the package. In addition to consistency with the ICAO
Technical Instructions, we believe that the use of an air eligibility
mark will be beneficial in heightening shipper awareness and
responsibility for meeting the additional air transport package
requirements. Adoption of this requirement will reduce the inadvertent
acceptance for transportation by aircraft of packages that conform only
to highway, rail or vessel requirements.
Based on the above discussion, we are incorporating the air
eligibility marking requirement into the HMR for all non-bulk packages
offered for transportation or transported by aircraft with certain
exceptions. The shipper is responsible for the application of the
marking, but is not required to physically place it on the package. The
marking can be applied by using a durable sticker or label, preprinting
it on the packaging, or drawing it on the package by hand. The marking
must be durable, legible, and of such size relative to the packaging as
to be readily visible. Preprinting by the packaging manufacturer
requires the manufacturer and the shipper to closely coordinate to
ensure that the package meets the applicable air transport
requirements. The shipper is responsible for ensuring that the package
meets the applicable air transport requirements.
A number of changes to the proposed text are made in this final
rule to clarify the purpose of the marking and requirements. The text
of paragraph (a) is revised to more clearly identify the purpose of the
mark as certification by the person offering a package that the package
meets requirements for air transportation and to provide examples of
those requirements. A sentence is added to Sec. 172.321(a) to clarify
that the air eligibility mark does not eliminate a requirement for a
certification on a shipping paper. Paragraph (b) is reformatted and a
sentence is added to clarify that an overpack or outer packaging
containing a cylinder must be marked rather than the cylinder.
Paragraph (c) is revised editorially and to clarify that packagings
which are excepted from marking requirements are not subject to the air
eligibility marking. A new paragraph (d) is added to clearly indicate
that the air eligibility marking may not be displayed on a package
which does not meet requirements for air transportation.
Section 172.411. We are revising the section heading and paragraphs
(b) and (d), and adding new paragraphs (e) and (f). In the June 21,
2001 HM-215D final rule, we removed the requirement to differentiate
between primary and subsidiary labels by requiring the class number to
be displayed on both types of labels. The primary explosive label, but
not the explosive subsidiary label, required the appropriate division
number and compatibility group to be displayed. This disparity was an
oversight, and we are correcting this section by adding the pictorial
of the explosive subsidiary label and revising the text accordingly.
Section 172.504. Based on an oral comment we received from a
shipper, paragraph (g) is editorially revised to explain the
distinction between the words ``explosive articles'' and ``explosive
substances.'' The commenter stated that the paragraph is often
misinterpreted because the two phrases are not understood as having
different meanings.

Part 173

Section 173.2a. In paragraph (b), the second line of the title of
the Precedence of Hazard Table is editorially revised to include the
word ``division.'' In addition, the Table is revised for the first
three entries by inserting ``4.3'' under the Division 4.3 column to
indicate that Division 4.3 takes precedence over Class 3 when
classifying a material having more than one hazard.
Section 173.21. In paragraph (f)(3)(ii), we are updating the
location reference to the control temperature requirements in the IMDG
Code to its current location in Chapter 7.7.
Section 173.22. We are revising paragraph (a)(4) to clarify that,
in addition to complying with the Part 178 requirements, the shipper is
responsible for ensuring that packages comply with the Part 173
requirements. This revision is consistent with the new amendments to
Sec. 173.24a relative to closures, and to Sec. 173.27 relative to
packages intended for air transport.
Section 173.24. Certain comments that we received are beyond the
scope of this rulemaking and will not be addressed in this final rule.
In the NPRM we proposed to add a new paragraph (b)(4) and revise
paragraph (f)(1). Paragraph (b)(4) proposed general requirements
applicable to the integrity of packagings. It also proposed to specify
that packagings must be closed in accordance with the closure
instructions provided by the manufacturer. Prior to this final rule,
Sec. 178.2 required packaging manufacturers to provide closure
instructions. Although implied under the requirements of Sec. Sec.
173.22a(2) and 173.24(d) and (f)(2), there was no specific requirement
that shippers follow closure instructions. Also in the NPRM, paragraph
(f)(1) proposed to revise requirements for the construction and design
of closures.
The National Solid Wastes Management Association (NSWMA) submitted
a comment supporting the requirement that packages be closed in
accordance with the manufacturer's instructions. The Reusable
Industrial Packaging Association (RIPA) also supported the proposal,
but requested a revision to permit shippers to close packages in a
manner that differs from the closure instructions in Sec. 173.28
provided such procedures are fully documented. RIPA states that the
word ``must'' is restrictive for the requirement that packages must be
closed in accordance with the manufacturer's instructions and suggests
the word be replaced with ``should.'' The commenter further stated that
it is impossible for a packaging manufacturer to anticipate every
climatic and work condition in which filling may take place and that
the manner in which packages are closed often varies from plant to
plant. The commenter recommends that closure procedures varying from
the

[[Page 45003]]

manufacturer's instructions be authorized.
We agree that there may be cases in which certain deviations from
the specific closing instructions provided by the manufacturer may be
warranted, and note that certain changes are currently permitted under
packaging variations in Subpart M of Part 178. We do not agree with
revising the word ``must'' to ``should.'' Where the manufacturer has
specified closure instructions, those instructions may be critical to
performance of the packaging in transportation. We understand the
commenter's concerns that a shipper should be able to vary from the
closure instructions if an equivalent level of safety is achieved and
the procedure is documented. However, to the extent that such changes
are not currently permitted and were not proposed in the NPRM, we
consider them outside the scope of this rulemaking.
RIPA's concerns highlight the need for collaboration between
packaging manufacturer and customer in the design, testing and use of
packagings. There is a need for manufacturers of hazardous materials
packagings to take into account the various conditions of transport
that the packaging may experience. If a packaging has limited
capability under specific conditions, then the manufacturer's
instructions should indicate these limitations. Effective communication
of the packagings' capabilities will serve to avoid the potential for a
shipper to inadvertently use a packaging that was not intended for
certain transport environments. The closure instructions should provide
specifics relative to the packagings' capabilities when specific
conditions of transport would impact the packagings' capability to
contain hazardous materials.
RIPA commented that several different gasket configurations may
need to be used dependent on the filling and transport conditions. If
this is the case, and the different gasket configurations were taken
into account in the packaging design qualification, the closure
instructions should provide appropriate closure information with
respect to all of the gasket configurations that were approved
according to the design type testing.
Shippers should not be arbitrarily changing closure devices without
coordination with the packaging manufacturer or conducting additional
testing to verify that the packaging integrity has not been
compromised. As specified in Subpart M of Part 178, the substitution of
closures or gaskets (for example, changing from a metal bung closure to
a plastic bung closure on a closed head steel drum) may change the
packaging design type for purposes of UN performance design
qualification testing. Closure changes are permitted according to the
selective testing variations in accordance with Sec. 178.601(g)(1) and
(g)(5). Only when the conditions of the selective testing conditions
have been met (including the specified limited additional testing
according to Sec. 178.601(g)(5)), if applicable, may a different
closure or gasket be used without the packaging being considered a new
design requiring the full UN performance testing prescribed in Part
178. The regulatory text we are adopting in this final rule does not
negate the ability of the shipper to use different closures consistent
with the selective testing provisions.
The instructions provided by the manufacturer should indicate
variations to closure procedures that would compensate for
environmental conditions or conditions based on the types of materials
that are contained in the packaging. To ensure proper closure of
packagings and to avoid leaks in transport, shippers and manufacturers
need to work in coordination to ensure that the closure methods used
will provide an effective seal taking into account the various
conditions involved during transport.
Additionally, RIPA commented that (b)(4) and (f)(1) should use
consistent wording, and that the text in (f)(1) concerning the
requirement for closures to be designed in a manner that make improper
closure unlikely should be removed. We do not agree with RIPA's
proposed editorial revisions that suggest adding wording such as
``reasonable changes in temperature,'' ``normal altitude variations''
or ``normal vibration ranges.'' We believe this wording is vague and
will not enhance the clarity of either paragraph. We agree that the
sentence, as proposed in the NPRM, requiring the closure device to be
so designed that it is unlikely to be incorrectly or incompletely
closed may not be realistic and may be subject to a range of
interpretation. We are not, therefore, including the requirement in
this final rule.
We believe that the amendments to this section will enhance safety
by ensuring that adequate consideration is given to the effects of
transportation conditions on packages and that packages are securely
and effectively closed.
Section 173.25. In paragraph (a)(2), we are including the air
eligibility marking as part of the marking requirements pertaining to
overpacks.
Section 173.27. We are revising paragraph (e) and adding a new
paragraph (i). Paragraph (e) is revised to require packagings with
plastic and metal inner packagings to be packaged using absorbent
material when Packing Group I or II liquids of Class 3, 4 or 8 or
Division 5.1, 5.2 or 6.1 are offered for transport by passenger or
cargo aircraft. Prior to this amendment, the requirement to use
absorbent material applied to Packing Group I and II materials when
offered for transport by passenger aircraft, and to Packing Group I
materials when offered for transport by cargo aircraft. We are applying
this requirement to Packing Group II materials offered for transport by
cargo aircraft. Existing absorbent material requirements apply when
inner packagings are constructed of glass or earthenware. Prior to this
final rule, the absorbent material requirement did not apply to
Division 5.2 liquids. The amendments are consistent with the 2003-2004
edition of the ICAO Technical Instructions.
We received four comments concerning the absorbent material
requirement in paragraph (e). Two commenters suggested that we clarify
or remove paragraph (e)(5), which provides an exception from the use of
absorbent materials when the inner packagings are not fragile.
Paragraph (e)(5) is existing text that was not proposed to be revised
in the NPRM. However, we agree that this exception needs to be
reconsidered and we have submitted a working paper to the ICAO
Dangerous Goods Panel to address it. One commenter, addressing
paragraph (e)(2), believes that one absorbent material requirement
should apply to transportation by passenger and cargo aircraft. Because
these are existing requirements that we did not address in the NPRM,
the comment is beyond the scope of this rulemaking.
The Conference on Safe Transportation of Hazardous Articles
(COSTHA) stated that the proposed regulatory text is broader than that
contained in the ICAO Technical Instructions because it requires
absorbent material for all liquid hazardous materials except Class 9.
The commenter suggests that we align the paragraph with the wording in
the ICAO Technical Instructions by specifically stating that the
applicability of the requirement is for liquids in Classes 3, 4, 8 and
Divisions 5.1, 5.2 and 6.1. It was not our intent to differ from the
requirements of the ICAO Technical Instructions. We agree and are
revising the regulatory text accordingly.
We are also adding a new paragraph (i) to refer the reader to new
section Sec. 172.321 for the air eligibility marking

[[Page 45004]]

requirement for packagings containing hazardous materials being
transported by aircraft. See Sec. 172.321 for the discussion on this
requirement.
Section 173.62. In Sec. 173.62, in the paragraph (b) Explosives
Table, the entry ``UN0503'' is added to the packing instruction P135.
This is consistent with international regulations. UN0503 is assigned
to the proper shipping name ``Air bag inflators, or Air bag modules, or
Seat-belt pretensioners,'' Division 1.4G (also see Sec. 172.101, HMT).
The Class 9 ``Air bag inflators, or Air bag modules, or Seat-belt
pretensioners'' entry continues to be packaged in accordance with Sec.
173.166.
In addition, the obsolete ID number UN0223 is removed from the
packing instruction 112(b) in the Explosives Packing Instructions
Table. The entry was removed from the Sec. 172.101 Table in a previous
rulemaking.
Section 173.115. In paragraphs (d) and (e), we are amending the
regulatory text that describes ``non-liquefied compressed gas'' and
``liquefied compressed gas.'' The amendment revises the reference
temperature from 20 [deg]C to -50 [deg]C, consistent with
internationally accepted definitions for gases and consistent with the
twelfth edition of the UN Recommendations.
We are also dividing compressed liquefied gases into high and low
pressure categories. The UN Subcommittee revised the terminology for
gases to align it with the terminology used in the International
Organization for Standardization (ISO) Standard 10286. This standard
establishes the terminology applicable to gas cylinders and provides
definitions for gases. The new regulatory text affects 11 entries in
the Sec. 172.101 Table by removing the word ``compressed'' from the
proper shipping names. Under a separate rulemaking, we will address
whether the affected gases should be reassigned to more appropriate
packagings sections, such as revising the packaging authorization from
Sec. 173.302 to Sec. 173.304 in Column (8B) in the Sec. 172.101
Table. We will also address the use of the high- and low-pressure
compressed liquefied gas designations.
Sections 173.152, 173.153 and 173.154. The following sections are
revised by increasing the inner packaging net capacity limit for
Packing Group III liquids from 4 L (1.1 gal) to 5 L (1.3 gal): Sec.
173.152(b)(2), exceptions for Division 5.1 oxidizers and Division 5.2
organic peroxides; Sec. 173.153(b)(1), exceptions for Division 6.1
poisonous materials; and Sec. 173.154(b)(2), exceptions for Class 8
corrosive materials. Section 173.152(b)(4)(ii) is also revised by
raising the net capacity of inner packagings containing PG II flammable
liquids in polyester resin kits from 1 L (0.3 gal) to 5 L (1.3 gal)
each.
Section 173.159. A new sentence is added to paragraph (a) requiring
packagings for certain batteries to include an acid/alkali proof liner
or a supplementary packaging with sufficient strength and adequate
sealant to prevent leakage of electrolyte fluid in the event of
spillage. This requirement applies to packagings transported by
aircraft and containing electric storage batteries with electrolyte
acid or alkaline corrosive battery fluid.
A new paragraph (d)(4) is added to require non-spillable batteries,
that are excepted from all other requirements of the HMR, to meet the
condition that at a temperature of 55 [deg]C (131 [deg]F), the
electrolyte will not flow from a ruptured or cracked case and there is
no free, unabsorbed liquid in the battery.
Section 173.161. We are revising this section to specify the
packaging requirements for chemical and first aid kits consistent with
international standards. We received several comments stating that in
paragraph (b), as proposed, the first sentence suggests we are
requiring specification packaging for air transport. This was not our
intent. The ``except when offered by air'' phrase was intended to apply
only to labeling. Therefore, we are revising the first sentence to
indicate chemical and first aid kits are excepted from specification
packagings for all modes of transportation.
Section 173.166. This section is revised consistent with the
removal of the Division 2.2 entry for ``Air bag inflators, compressed
gas or Air bag modules, compressed gas or Seat-belt pretensioners,
compressed gas,'' UN3353 (see Sec. 172.101, HMT). We are authorizing
reclassification to Class 9 without further testing for air bag
inflators, air bag modules and pretensioners previously approved for
transportation as Division 2.2. We received comments from NAAHAC
supporting the adoption of this revision.
Section 173.185. Paragraphs (e)(4) and (e)(7) are revised and a new
paragraph (k) is added. We are combining paragraphs (e)(4) and (e)(5)
into one paragraph, (e)(4), and removing and reserving paragraph
(e)(5).
The revised paragraph (e)(4) allows the use of dividers or other
suitable means as alternative methods to inner packagings for effective
means of preventing short circuits of lithium cells and batteries.
Based on a comment that was beyond the scope of the HM-215D final
rule, we are revising paragraph (e)(7) by applying the prohibition to
offer for transportation or transport certain cells and batteries to
only those with a liquid cathode containing sulfur dioxide, sulfuryl
chloride or thionyl chloride. Prior to this amendment, any cell or
battery with a cell that has been discharged to the extent that the
open circuit voltage is less than 2 volts, or less than two-thirds of
the open circuit voltage of the fully charged cell, whichever is less,
is prohibited from being offered for transportation or transported. We
are including sulfuryl chloride in this amendment. The UN
Recommendations do not include this prohibition. The reduced voltage
condition was included in the HMR to address lithium sulfur dioxide,
sulfuryl chloride and lithium thionyl chloride primary batteries on the
basis of safety issues with low-voltage cells. The lithium sulfur
dioxide batteries present hazards in transportation when the sulfur
dioxide is depleted. The depletion can cause the removal or breakdown
of the passivation film on the lithium anode which could result in a
undesirable exothermic reaction of the lithium metal and the
electrolyte solvent leading to high temperatures, cell venting, cell
rupture, and fires. In addition, a new paragraph (k) is added to allow
batteries with a mass of 12 kg or greater and having strong, impact-
resistant outer casings to be packed in strong outer packagings,
protective enclosures, or unpacked on pallets. Packaging in this
mannermay be transported by cargo-only aircraft and is permitted only
with the approval of the Associate Administrator.
Additional amendments to the requirements for lithium batteries are
being addressed in a separate rulemaking, under Docket HM-224C (NPRM
published on April 2, 2002, 67 FR 15510). One of the proposals under
Docket HM-224C addresses a reorganization of Sec. 173.185.
Section 173.216. We are moving the exceptions for asbestos in
paragraph (b) to a new special provision (see Special Provision 156 in
Sec. 172.102). Paragraph (b) excepts asbestos immersed or fixed in a
natural or artificial binder material and also excepts asbestos
contained in manufactured products. We understand that because the
exception is located in Sec. 173.216 and referenced in Column (7) of
the HMT for non-bulk packagings, the exception appears to be limited to
non-bulk packagings. To clarify the applicability, we are removing and
reserving paragraph (b) and transfering the exception to new Special
Provision 156. The exception continues to apply to three entries,
``Blue asbestos (Crocidolite) or Brown asbestos (amosite, mysorite),''
UN2212, ``White

[[Page 45005]]

asbestos (chrysotile, actinolite, anthohyllite, tremolite),'' UN2590,
and ``Asbestos,'' NA2212.
Section 173.218. Paragraph (a) introductory text is revised and
paragraph (b) is removed. Paragraph (a) introductory text is
editorially revised to reflect the relocation of the requirement
previously contained in paragraph (b). In paragraph (b), the
requirement for the maximum temperature at which fish meal or fish
scrap may not be offered for transportation is revised from 49 [deg]C
(120 [deg]F) to 35 [deg]C (95 [deg]F), or 5 [deg]C (41 [deg]F) above
ambient temperature, whichever is higher, and relocated to Special
Provision 155 (see Sec. 172.102).
Section 173.220. We are adding a new paragraph to include
additional requirements for certain engines and vehicles. Existing
paragraph (e) is redesignated (f) and the new paragraph becomes
paragraph (e). The new paragraph includes several additional
requirements for internal combustion engines and vehicles equipped with
certain devices when transported by aircraft or vessel. When engines
are shipped separately, we are requiring that all fuel, coolant,
hydraulic fluids or any other hazardous materials that meet the
definition of a hazardous material, must be drained as far as
practicable, must have disconnected fluid pipes sealed with leak-proof
caps that are positively retained, and for transportation by aircraft,
any installed theft-protection devices, radio communications equipment
or navigational systems must be disabled.
We received several comments to the proposed new paragraph. UPS
supports the revisions and believes the new paragraph will help
eliminate confusion when offering or transporting engines. URS
Corporation stated that the last sentence requiring certain equipment
to be disabled should be omitted because it is not contained in the UN
Recommendations. The commenter is correct that the requirement is not
contained in the UN Recommendations, however, because it is contained
in the ICAO Technical Instructions, we are revising the sentence to
apply to air shipments only.
Lynden Incorporated, which represents several tug/barge operators,
commented that the terminology ``internal combustion engine'' has
become synonymous with the term ``vehicle.'' Lynden Incorporated states
that as proposed, paragraph (e) may lead to confusion with respect to
which engines must be drained of fluids and must have disconnected
fluid pipes sealed with leak-proof caps. Although the words ``shipped
separately'' in the proposed text were intended to mean that we are not
referring to engines that are installed in a vehicle or machinery, we
have decided to further revise the sentence by specifying that the
paragraph pertains to engines that are not installed in vehicles or
equipment.
Finally, COSTHA requested that paragraphs (a)(2) and (c) be aligned
with new Special Provision 157 and the current Special Provision 134 by
specifically referencing sodium and lithium batteries. We agree and are
making the revisions accordingly.
Section 173.223. We are adding a new packaging section, Sec.
173.223, for musk xylene. Prior to this amendment, the authorized
packaging section for musk xylene, Sec. 173.214, required approval by
the Associate Administrator. We are adding a new section that is
consistent with the UN packing instruction P409 assigned to musk
xylene, so that approval by the Associate Administrator is no longer
necessary.
Section 173.224. In paragraph (b)(4), the incorrect reference for
bulk packaging authorizations, Sec. 173.225(d), is corrected to read
Sec. 173.225(e). In the Self-Reactive Materials Table following
paragraph (b)(7), five entries in Column (1) are revised and four new
entries are added. The five revised entries appear first as ``removes''
and then ``adds'' in the regulatory text section of this rulemaking.
For the entry ``2,2'-Azodi(isobutryonitrile) as a water based paste,''
the misaligned column entries are corrected. A new Note 4 is added
following the table for assignment to the new entry ``2-Diazo-1Naphthol
sulphonic acid ester mixture, Type D.''
Section 173.225. We are amending the paragraph (b) Organic Peroxide
Table, the Notes following the Table, and paragraphs ]
(e)(3)(xii) and
(e)(5). The amendments to the Organic Peroxide Table include the
addition of bulk and IBC packaging authorizations for certain entries,
the addition of several new entries and various corrections to certain
entries.
Note 9 following the Table is revised by correcting the paragraph
reference ``(e)(3)(ii)'' to read ``(e)(3)(xii).'' A new Note 27 is
added for the new entry ``Peroxyacetic acid, distilled, Type F,
stabilized,'' UN3110. A new Note 28 is added to clarify that
``Peroxyacetic acid'' and Peracetic acid'' are synonymous.
Paragraph (e)(3)(xii) is revised to clarify that DOT Specification
57 portable tanks are not subject to any other requirements in
paragraph (e).
We are also moving the approval provisions contained in the Sec.
172.102(c)(4) Table 2, Special Provision IB52, to paragraph (e)(5). We
believe this is a more appropriate section for the approval provisions,
which we are expanding to provide for the use of IBCs other than those
indicated in the IB52 Table when approved by the Associate
Administrator.
Section 173.244. We are revising paragraph (c) by adding a
clarification that UN portable tanks are also authorized for use if a T
code is specified in Column (7) of the HMT for the specific hazardous
material.
Section 173.306. We are revising the paragraph heading in Sec.
173.306(f) by adding the proper shipping name ``Articles, pressurized,
pneumatic or hydraulic containing non-flammable gas.'' The revision is
based on the proper shipping name replacing the domestic entry
``Accumulators, pressurized, pneumatic or hydraulic (containing non-
flammable gas),'' which was removed in HM-215D published on June 21,
2001. We received oral comments requesting the addition to the
paragraph heading to clarify the intent of the paragraph.
We are also adding a new paragraph (j) to reference the exception
for certain compressed gases in Sec. 173.307.
Section 173.307. We are adding a new paragraph (a)(5) to except
Division 2.2 gas aerosols with a capacity of not more than 50 ml and
with a pressure not exceeding 970 kPa (141 psig) from the HMR.
Section 173.418. Consistent with the addition of Special Provision
A56, which requires pyrophoric Class 7 (radioactive) materials to be
shipped in Type B packages when transported by aircraft, we are
amending Sec. 173.418 to reflect this change.
Section 173.422. We are revising the certification statements in
paragraphs (a)(2), (a)(3) and (a)(4) to reflect the updated proper
shipping names and UN identification numbers currently authorized in
the Sec. 172.101 Table for excepted packages of radioactive materials.

Part 175

Section 175.10. We are adding a new sentence to paragraph
(a)(4)(iv) to clarify that the paragraph (a)(4) passenger or crew
member personal use exceptions apply to aircraft operators when
transporting baggage that has been separated from a passenger or crew
member before reaching its final destination, including transfer to
another air carrier for delivery. The exceptions were included in the
HMR to accommodate the needs of the traveling public to allow
passengers and crew members to carry certain quantities and types of
articles, such as medicines and toiletries, in checked and carry-on

[[Page 45006]]

baggage. The existing regulatory text does not clearly indicate that
baggage may be transported when not accompanied by the crew member or
passenger, such as when the baggage has been separated from the crew
member or passenger due to misroutings, delays, etc. Rather than adding
a new paragraph (c) as proposed, we are including this clarifying
language at the end of paragraph (a)(4).
We received a comment from Alaska Airlines requesting that this
exception be clarified to include scenarios in which the baggage is
offered to another carrier by adding the words ``or offering'' to the
paragraph. Alaska Airlines suggested replacing the words ``when
transporting passenger or crew member baggage'' with ``when
transporting or offering passenger baggage.'' Alaska Airlines also
requested that we extend the passenger or crew member personal use
exceptions to carriers in other modes of transportation to accommodate
such instances when the passengers' or crew members' bags are
transported to their intended destination by a mode of transportation
other than aircraft. We do not agree that the addition of the words
``or offering'' is the most appropriate means of addressing the
situation whereby one carrier provides separated checked baggage to
another carrier for transport to its intended destination. In this
scenario, the carrier that provides the baggage to another carrier is
not the offeror. The passenger or crew member is the offeror and is
responsible for the contents of the baggage. The passenger or crew
member is responsible for ensuring compliance with the HMR when the
baggage is offered to the carrier.
We agree with Alaska Airlines that the exceptions should apply when
an air operator arranges with another carrier to transport the baggage
to its intended destination, including by modes other than air.
Although we do not agree that the words ``or offering'' should be added
as requested by the commenter, we are including revised regulatory text
to clarify that the exceptions also apply when a carrier provides the
baggage to another carrier for the purpose of reuniting the baggage
with the passenger or crew member who offered it.
We are also revising paragraph (a)(25) to allow two small carbon
dioxide cartridges fitted in self-inflating life jackets and two spare
cartridges to be carried by a passenger or crew member in checked or
carry-on baggage. Prior to this amendment, paragraph (a)(25) allowed,
with the approval of the aircraft operator, one small carbon dioxide
cylinder fitted into a self-inflating life-jacket, plus one spare
cartridge.
Section 175.30. We are adding a new paragraph (a)(5) requiring that
the air eligibility marking requirement in Sec. 172.321 must be met
before a person may accept hazardous materials for transportation by
aircraft.
Section 175.90. We are revising paragraphs (b) and (c). Paragraph
(b) is revised to include amendments relative to an aircraft operator's
responsibility concerning packagings, baggage or cargo that have become
contaminated by leaking hazardous materials. This amendment is
consistent with the 2003-2004 edition of the ICAO Technical
Instructions and is in response to a National Transportation Safety
Board (NTSB) recommendation (A-96-30) issued to the Federal Aviation
Administration. The NTSB recommendation resulted from an incident
involving an undeclared shipment of a hydrogen peroxide solution that
leaked, resulting in injuries to airline personnel and a potential fire
hazard aboard a passenger aircraft. Paragraph (c) prohibits a person
from placing a damaged packaging aboard an aircraft. We are revising
the paragraph by including the words ``baggage or cargo'' when
referring to damaged or leaking cargo.

Part 176

Section 176.27. In paragraph (c)(2), we are removing the words ``of
49 CFR 176.27(c)'' at the end of the certification statement and adding
the words ``of 49 CFR'' or ``of the IMDG Code.''
Section 176.63. We are adding a new paragraph (f) to include the
conditions for the authorized stowage of containers on board hatchless
container ships.
Section 176.83. We are adding a new paragraph (l) to include the
requirements for the segregation of containers on board hatchless
container ships. Paragraph (f) is revised to reflect the addition of
the new paragraph.
Section 176.84. In the paragraph (b) Table of Provisions, we are
adding nine new provisions (codes) for certain stowage and segregation
requirements for hazardous materials that are transported by vessel.
The terms ``separated from'' and ``away from'' in the codes are defined
in Sec. 176.83 of the HMR.
Code 124 is added to the entry ``Ammonium nitrate emulsion or
Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for
blasting explosives,'' UN3375 and requires the material to be stowed
``separated from'' bromates.
Code 125 is added to the new entry ``Chlorosilanes, toxic,
corrosive, flammable, n.o.s.,'' UN3362 and requires segregation to be
the same as for flammable liquids; however, also requires UN3362 to be
``away from'' flammable solids.
Code 126 is added to the five current UN1950 aerosol entries and
requires segregation to be the same as for Class 9 miscellaneous
hazardous materials.
Code 127 is added to ``5-tert-Butyl-2,4,6-trinitro-m-xy-xylene,''
UN2956 and requires packagings carrying a subsidiary risk of Class 1
(explosives) to be segregated as required for Class 1, Division 1.3.
Code 128 is added to ``Fish meal, stabilized,'' UN2216 and ``Fish
meal, unstabilized,'' UN1374 and requires stowage to be in accordance
with the IMDG Code, sub-section 7.1.10.3.
Code 129 is added to ``Radioactive material, low specific activity
(LSA-I) non fissile or fissile-excepted,'' UN2912 (the international
entry); ``Radioactive material, low specific activity, n.o.s. or
Radioactive material, LSA, n.o.s.,'' UN2912 (the domestic entry);
``Radioactive material, low specific activity (LSA-II) non fissile or
fissile-excepted, ``UN3321; and ``Radioactive material, low specific
activity (LSA-III) non fissile or fissile excepted,'' UN3322. This code
requires stowage to be in accordance with Stowage Category A, with
certain exceptions noted.
Code 130 is added to ``Radioactive material, Type A package non-
special form, non fissile or fissile-excepted,'' UN2915 to require
Stowage Category A. Certain exceptions are noted.
Code 131 is added to ``Radioactive material, Type A package,
fissile non-special form,'' UN3327 to require Stowage Category A, with
certain exceptions noted.
Code 132 is added to ``Uranium hexafluoride, fissile (with more
than 1 percent U-235),'' UN2977; ``Uranium hexafluoride, fissile
excepted or non-fissile,'' UN2978; ``Radioactive material, uranium
hexafluoride, fissile,'' UN2977; and ``Radioactive material, uranium
hexafluoride non fissile or fissile-excepted,'' UN2978. This code
requires stowage to be in accordance with Stowage Category A and notes
that any supplementary requirements specified in the transport
documents must be considered.
Section 176.140. The reference to the IMDG Code in paragraph (b) is
updated by removing the wording ``General Introduction.''
Section 176.170. Paragraph (b) is removed and reserved. For
alignment with a revision made in Amendment 31 of the IMDG Code, we are
removing the

[[Page 45007]]

requirement that prohibits freight containers exceeding 6 m (20 feet)
in length from carrying more than 5000 kg (11,023 lbs) net explosive
weight of most explosive substances. This provision was removed from
the IMDG Code because it placed an inconsistent and unnecessary
restriction on containers exceeding 6 m (20 ft) in length, while
placing no such restriction on smaller containers. We received a
comment from the Sporting Arms and Ammunition Manufacturers' Institute
supporting this revision.
Sections 176.410 and 176.415. We are updating these sections for
consistency with international standards and with the prior removal of
ammonium nitrate fertilizer proper shipping names from the HMR.

Part 178

Section 178.2. Paragraph (c)(1)(ii) is revised by clarifying the
information that the packaging manufacturer and each subsequent
distributor are required to provide to packaging users. We received
several comments concerning this revision. DGAC supports the revision
stating that the clarification recognizes the flexibility necessary for
effective communication between the manufacturer and packaging user.
RIPA supports the general intent of the revision and stated that it is
consistent with the UN Model Regulations and should result in ensuring
that shippers do a better job of closing packages. RIPA believes that
packaging manufacturers and distributors should be required to clearly
describe the complete closure system needed for proper closure,
including inner packagings, and closure procedures used in passing the
applicable performance tests. We agree with this statement and believe
that the text, as proposed, adequately addressed these intentions.
RIPA also states we should recognize that shippers often diverge
from the manufacturer's instructions to accommodate site-specific
conditions, and that ``recommended closure torque values may safely be
expressed as minimum values, median values, or a range of values.'' In
response to RIPA's comment about allowing shippers to deviate from the
closure instructions, our intent, as stated in the NPRM, was to clarify
the information that the packaging manufacturer must provide. We did
not propose provisions for deviating from closure instructions and
considered these recommendations beyond the scope of this rulemaking.
For the same reasons, we disagree with RIPA's recommendation to use the
phrase ``procedural guidelines for closure recommended by the packaging
manufacturer'' instead of ``procedures to be followed.'' RIPA's
proposal that we add a new paragraph (c)(1)(ii)(A) to allow the use of
torque values is not necessary because current requirements do not
preclude ranges of values from being specified in the closure
instructions.
RIPA also states that ``the manner in which shippers (i.e. fillers)
close packagings will often vary from plant to plant'' and provides an
example indicating ``that some shippers will tighten drum plugs just
prior to shipping to account for possible expansion of the metal or
plastic that results from heat exposure that occurs from the time the
drum is filled and the time it is placed on a transport vehicle and
that other plants have found no need for such a practice.'' Our
position is that the manufacturer could easily and realistically
include guidance in the closure instructions to indicate, for example,
that ``after filling and prior to transport, the shipper should check
the tightness of closures to determine if the effects of heating,
cooling or gasket relaxation have resulted in the need to tighten the
closure.'' While we agree that the shipper has the responsibility for
determining the suitability of packagings for the hazardous materials
offered for transport, and for ensuring that a package is assembled,
closed, or otherwise prepared for transport in compliance with the
applicable specifications and requirements for the applicable packaging
design type, we believe that the manufacturer needs to provide specific
information to allow the shipper to fulfill his responsibilities. The
amendments to this section are intended to improve the quality of
information provided by manufacturers to shippers in order to enhance
safety.
PPG Industries submitted a comment requesting that the last
sentence concerning the package being capable of withstanding the
pressure differential requirements be removed. PPG Industries indicated
that the pressure-differential capability needed by a given packaging
is dependent on the material packaged, and that the packaging
manufacturer cannot determine full compliance. Single packages for
containing liquids are tested and marked with a pressure test rating,
which may or may not be suitable for air shipment. It is up to the
shipper to determine whether a packaging is suitable for air shipments
based on it size, and to determine the appropriate pressure test
capability to contain the particular hazardous material packaged. While
we agree that the shipper must determine that the package is suitable
for the intended hazardous material to be transported, we do not agree
that the requirement for the manufacturer to provide guidance to assist
the shipper in ensuring that the packaging meets the relevant air
transport pressure differential requirement is beyond the capability of
the packaging manufacturer. For example, the instruction could indicate
that the inner packaging was successfully tested to a pressure
differential test at 95 kPa and clearly describe the complete closure
system needed for proper closure and the closure procedures used in
passing the applicable performance tests. While some hazardous
materials may require a different pressure differential, the closure
instructions should be sufficient to allow the shipper to determine
whether the packaging is suitable for the material, modes of transport
and transport conditions. The closure instructions should provide
sufficient details relevant to the procedures for closures consistent
with the procedure necessary to enable the packaging to meet the
pressure differential for which it was tested. Considering this
information, the shipper would be able to properly determine whether
the package was suitable for the material and for air transport. Based
on the foregoing, we are adopting the revised paragraph with editorial
changes for clarity.
Section 178.274. Based on oral comment submitted to HM-215D, in
paragraph (j)(6) the size of the ``NOT FOR RAIL TRANSPORT'' marking is
revised from 20 cm (8 inches) to no less than 10 cm (4 inches) in
height. We agree with the commenter's reasoning that 8 inches is
excessive for portable tanks in that it could require a decal as long
as 14 feet, 3 inches.
Section 178.705. We are correcting the paragraph (c)(1)(iv)(A) wall
thickness table for metal IBCs. During the typesetting process of the
HM-215D final rule (66 FR 33316), the headings for the IBC types were
misaligned, and we are correcting them as presented in the HM-215D NPRM
(65 FR 63294) published on October 23, 2000.
Section 178.812. In Sec. 178.812(b)(1), we are adding the words
``with the load being evenly distributed,'' consistent with the wording
in Sec. 178.812(b)(2). This text is necessary to clarify that the test
must not be conducted with the load unequally applied to an individual
lifting device. Although we discussed this revision in the preamble of
the NPRM, the word ``evenly'' was inadvertently omitted from the
regulatory text.

[[Page 45008]]

Part 180

Section 180.350. We are amending Sec. 180.350 by revising the
section heading from ``Applicability'' to ``Applicability and
definitions'' and by adding definitions for ``Remanufactured IBCs,''
``Repaired IBCs'' and ``Routine Maintenance of IBCs.''
Section 180.352. Two paragraphs are revised and one new paragraph
is added. Paragraph (d)(1)(i) is revised to specify that a repaired IBC
must be retested and inspected in accordance with the applicable
requirements in this section. Paragraph (f) is revised to require that
a record of such tests performed on repaired IBCs must be kept by the
IBC owner or lessee. Two commenters, DGAC and COSTHA, noted that with
the proposed revision of paragraph (f), a portion of the existing text
was omitted from the regulatory text. The unintentionally omitted text,
which addresses record retention, is included in this final rule. In
addition, as proposed, a new paragraph (d)(1)(iv) is added to specify a
requirement for marking repaired IBCs. One commenter requested that we
incorporate a provision from the UN Model Regulations to specify that
tests performed in conjunction with repairs may be used to satisfy
periodic testing requirements. Because the HMR currently does not
prohibit tests in conjunction with repairs from being used to satisfy
the periodic testing requirements, we do not believe this amendment is
necessary. Several commenters asked that we include a marking
requirement consistent with the UN Recommendations that applies to the
routine maintenance of IBCs. Such a marking was not proposed in the
NPRM and inclusion of such a requirement in the HMR is beyond the scope
of this final rule.
Section 180.605. Paragraph (k) is revised to restore the
inadvertently omitted inspection and test marking requirements for
Specification DOT 51, 56, 57 and 60 portable tanks. The text, which was
previously located in Sec. 173.32, was omitted during the process of
consolidating certain requirements and moving them to part 180 in the
final rule, HM-215D. For the height of the marking when displayed on
the portable tank, we are also revising the ``0.5 inches'' conversion
for 12 mm to ``0.47'' inches consistent with Sec. 178.3.

IV. 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. However, this final rule
was informally reviewed by the Office of Management and Budget. This
final rule is not considered a significant rule under the Regulatory
Policies and Procedures of the Department of Transportation [44 FR
11034]. Benefits resulting from the adoption of the amendments in this
final rule include enhanced transportation safety resulting from the
consistent domestic and international hazard communications
requirements, and continued access to foreign markets by domestic
shippers of hazardous materials. This rulemaking applies to offerors
and carriers of hazardous materials, such as chemical manufacturers,
chemical users and suppliers, packaging manufacturers, distributors,
battery manufacturers, and radiopharmaceutical companies.
The majority of amendments in this final rule should result in cost
savings and ease the regulatory compliance burden for shippers engaged
in domestic and international commerce, including trans-border
shipments within North America. For example, cost savings will be
realized by shippers and carriers as a result of the following:
? Eliminating the differences between proper shipping names,
UN number assignments and hazard classification, including subsidiary
hazards, between the HMR and international regulations. As a result of
these changes, shippers and carriers would not have to re-mark or
repackage hazardous materials that are offered in both domestic and
international transportation.
? Providing certain exceptions including a placarding
exception for sulfur and molten sulfur when the UN number is displayed
on bulk packagings, and providing a packaging exception for large,
hard-cased robust lithium batteries.
We are authorizing a delayed effective date and a one-year
transition period to allow for training of employees and to ease any
burden on entities affected by the amendments.
In addition, we recognize that there may be costs associated with
two of the shipping paper amendments and we are providing extended
compliance dates to minimize any costs associated with those
amendments. We are authorizing an extended compliance date, until
October 1, 2007, for the amendment requiring the types and numbers of
packaging(s) (Sec. 172.202(a)(5)) to be entered on shipping papers. We
are authorizing, until October 1, 2005, an extended transition period
for the amendments requiring the subsidiary hazard class or division
number to be entered on shipping papers (Sec. 172.202(a)(2)). We are
also providing an extended compliance date of October 1, 2007, for
package, marking and shipping paper requirements requiring replacement
of the word ``inhibited'' with the word ``stabilized,'' and until
October 1, 2005 for the proper shipping names affected by the removal
of the word ``compressed.''
Many companies involved in domestic, as well as international
operations, will realize economic benefits as a result of the adoption
of amendments in this rulemaking. If the changes are not adopted, U.S.
companies will be at an economic disadvantage by being forced to comply
with a dual system of regulations. The total net increase in costs to
businesses in implementing this rulemaking is considered to be minimal
and a regulatory evaluation is available for review in the Docket.

B. Executive Order 13132

This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
rulemaking preempts State, local and Indian tribe requirements but does
not propose any regulation that has substantial direct effects on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
The Federal hazardous material transportation law, 49 U.S.C. 5101-
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:
(1) The designation, description, and classification of hazardous
materials;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous; or
(5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This final rule addresses covered subject items (1), (2), (3), and
(5) above

[[Page 45009]]

and would preempt State, local, and Indian tribe requirements not
meeting the ``substantively the same'' standard. This final rule is
necessary to incorporate changes adopted in international standards,
effective January 1, 2003. If the changes in this final rule were not
adopted in the HMR, U.S. companies, including numerous small entities
competing in foreign markets, would be at an economic disadvantage.
These companies would be forced to comply with two systems of
regulations. The changes in this rulemaking are intended to avoid this
result. Federal hazardous materials transportation law provides at
section 5125(b)(2) that, if DOT issues a regulation concerning any of
the covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
this final rule and not later than two years after the date of
issuance. The effective date of Federal preemption is October 29, 2003.

C. Executive Order 13175

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

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule would serve to facilitate the transportation of hazardous
materials in international commerce by providing consistency with
international standards. This final rule applies to offerors and
carriers of hazardous materials, some of whom are small entities, such
as chemical users and suppliers, packaging manufacturers, distributors,
and battery manufacturers. As discussed above, under Executive Order
12866, the majority of amendments in this final rule should result in
cost savings and ease the regulatory compliance burden for shippers
engaged in domestic and international commerce, including trans-border
shipments within North America.
Many companies will realize economic benefits as a result of the
amendments. If the changes in this final rule were not adopted, U.S.
companies, including small entities competing in foreign markets, will
be forced to comply with two systems of regulations to their economic
disadvantage. Therefore, I certify that these amendments will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered.

E. Paperwork Reduction Act

Information collection and recordkeeping requirements contained in
this final rule were submitted to the Office of Management and Budget
(OMB) for approval under the provisions of the Paperwork Reduction Act
of 1995, Section 1320.8(d). Title 5, Code of Federal Regulations
requires us to provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. Under the Paperwork Reduction Act, no person is
required to an information collection unless it has been approved by
OMB and displays a valid OMB control number.
The new information collection requirements in this rule requiring
additional shipping paper documentation, was submitted to OMB for
review and approval on June 24, 2003. OMB approved this new information
collection under OMB No. 2137-0613, ``Subsidiary Hazard Class and
Number/Type of Packagings'' on June 25, 2003 until June 30, 2006. This
new information collection, OMB Control Number 2137-0613, requiring the
subsidiary hazard class or division number and number and type of
packagings to be included on shipping papers increased the information
collection burden. RSPA currently has an approved information
collection under OMB Control Number 2137-0557, ``Approvals for
Hazardous Materials'' with 18,405 burden hours and $415,237.40. There
were minor editorial revisions for section designations with no change
in the burden for OMB Control Number 2137-0557 under this rule. OMB
approved this information collection request under OMB No. 2137-0557,
``Approvals for Hazardous Materials'' as proposed under this rule on
December 20, 2002, until December 31, 2005.
OMB approved this information collection request under OMB No.
2137-0613, ``Subsidiary Hazard Class and Number/Type of Packagings'' as
adopted under this rule on June 25, 2003, until June 30, 2006. We
estimated total information collection and recordkeeping burden
resulting from additional information required on shipping papers under
the following new information collection to be:
``Subsidiary Hazard Class & Number/Type of Packagings''
OMB No. 2137-0613.
Total Annual Number of Respondents: 250,000.
Total Annual Responses: 6,337,500.
Total Annual Burden Hours: 17,604.
Total Annual Burden Cost: $216,705.
Total First Year Start Up Burden Hours: 45,705.
Total First Year Annual Start Up Cost: $1,115,992.
OMB approved the editorial changes under this rule with no increase
in burden for OMB No. 2137-0557, ``Approvals for Hazardous Materials.''
The total information collection and recordkeeping burden is estimated
as follows:
``Approvals for Hazardous Materials''
OMB Number: 2137-0557.
Total Annual Number of Respondents: 3,523.
Total Annual Responses: 3,874.8.
Total Annual Burden Hours: 18,405.
Total Annual Burden Cost: $415,237.40.
Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (DHM-10), Research and Special Programs
Administration, Room 8422, 400 Seventh Street, SW., Washington, DC
20590-0001, Telephone (202) 366-8553.

F. Regulation Identifier Number (RIN)

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

G. 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

[[Page 45010]]

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.

H. Environmental Assessment

The National Environmental Policy Act of 1969 (NEPA) requires
Federal agencies to consider the consequences of major Federal actions
and prepare a detailed statement on actions significantly affecting the
quality of the human environment. We developed an assessment to
determine the effects of these revisions on the environment and whether
a more comprehensive environmental impact statement may be required.
Our findings conclude that there are no significant environmental
impacts associated with this rule. Consistency in the regulations for
the transportation of hazardous materials aids in the shipper's
understanding of what is required and permits shippers to more easily
comply with safety regulations and avoid the potential for
environmental damage or contamination. An environmental assessment is
available in the public docket.

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 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 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.

? 2. In Sec. 171.6, in paragraph (b)(2), the Table is amended by adding
a new entry in numerical order to read as follows:

Sec. 171.6 Control numbers under the Paperwork Reduction Act.

* * * * *
(b) * * *
(2) * * *

----------------------------------------------------------------------------------------------------------------
Title 49 CFR part or
section where
Current OMB control No. Title identified and
described
----------------------------------------------------------------------------------------------------------------

* * * * * * *
2137-0613....................................... Subsidiary Hazard Class and Number/ Sec. Sec. 172.202,
Type of Packagings. 172.203
----------------------------------------------------------------------------------------------------------------

? 3. In Sec. 171.7, in the paragraph (a)(3) table, under the entry
``International Maritime Organization'', a new entry is added in
alphabetical order to read as follows:

Sec. 171.7 Reference material.

(a) * * *
(3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
49 CFR
Source and name of material reference
------------------------------------------------------------------------

* * * * * * *
International Maritime Organization,

* * * * * * *
International Convention for the Safety of Life at Sea, 176.63
(SOLAS) Amendments 2000, Chapter II-2/Regulation 19, 2001.

* * * * * * *
------------------------------------------------------------------------

* * * * *

? 4. In Sec. 171.8, in the definition ``Large packaging'', in paragraph
(5), the wording ``UN Recommendations'' is removed and ``UN
Recommendations, Chapter 6.6 (incorporated by reference; see Sec.
171.7)'' is added in its place.

? 5. In Sec. 171.11, paragraphs (c), (d)(5) and (d)(17) are revised to
read as follows:

Sec. 171.11 Use of ICAO Technical Instructions.

* * * * *
(c) Is not a forbidden material or package according to Sec.
173.21 of this subchapter; is not a forbidden material as designated in
Column (3) of the Sec. 172.101 Table of this subchapter; and is not
forbidden by Column 9(A) of the Sec. 172.101 Table of this subchapter
when transported on passenger aircraft, or is not forbidden by Column
9(B) of the Sec. 172.101 Table of this subchapter when transported by
cargo aircraft.
(d) * * *
(5) For air bag inflators, air bag modules, or seat-belt
pretensioners, the shipping paper description must

[[Page 45011]]

conform to the requirements of Sec. 173.166(c) of this subchapter.
* * * * *
(17) A self-reactive substance that is not identified by technical
name in the Self-reactive Materials Table in Sec. 173.224(b) of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.124(a)(2)(iii) of this
subchapter. An organic peroxide that is not identified by a technical
name in the Organic Peroxide Table in Sec. 173.225(b) of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.128(d) of this
subchapter.

? 6. In Sec. 171.12, paragraphs (b)(3), (b)(19) and (b)(20) are revised
to read as follows:

Sec. 171.12 Import and export shipments.

* * * * *
(b) * * *
(3) A material that is designated as a hazardous material under
this subchapter, but is not subject to the requirements of the IMDG
Code (see Sec. 171.12 of this subchapter) may not be transported under
the provisions of this section and is subject to the requirements of
this subchapter. Examples of such materials include flammable gas
powered vehicles and combustible liquids.
* * * * *
(19) For air bag inflators, air bag modules, or seat-belt
pretensioners, the shipping paper description must conform to the
requirements of Sec. 173.166(c) of this subchapter.
(20) A self-reactive substance that is not identified by technical
name in the Self-reactive Materials Table in Sec. 173.224(b) of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.124(a)(2)(iii) of this
subchapter. An organic peroxide that is not identified by a technical
name in the Organic Peroxide Table in Sec. 173.225(b) of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.128(d) of this
subchapter.
* * * * *
? 7. In Sec. 171.12a, paragraph (b)(18) is revised to read as follows:

Sec. 171.12a Canadian shipments and packagings.

* * * * *
(b) * * *
(18) A self-reactive substance that is not identified by a
technical name in the Self-reactive Materials Table in Sec. 173.224(b)
of this subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.124(a)(2)(iii) of this
subchapter. An organic peroxide that is not identified by a technical
name in the Organic Peroxide Table in Sec. 173.225(b) of this
subchapter must be approved by the Associate Administrator in
accordance with the requirements of Sec. 173.128(d) of this
subchapter.
* * * * *

? 8. In Sec. 171.14, paragraphs (d) introductory text, (d)(1), (d)(2)
introductory text, (d)(4) and (d)(5) are revised, and paragraphs
(d)(6), (d)(7) and (d)(8) are added to read as follows:

Sec. 171.14 Transitional provisions for implementing certain
requirements.

* * * * *
(d) A final rule published in the Federal Register on July 31,
2003, effective October 1, 2003, resulted in revisions to this
subchapter. During the transition period, until October 1, 2004, as
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, 2003, or the requirements published in the July
31, 2003 final rule.
(1) Transition dates. The effective date of the final rule
published on July 31, 2003 is October 1, 2003. Delayed compliance is
authorized until October 1, 2004. Unless otherwise specified, on and
after October 1, 2004, all applicable regulatory requirements adopted
in the final rule in effect on October 1, 2003 must be met.
(2) Intermixing old and new requirements. Marking, labeling,
placarding, and shipping paper descriptions must conform to either the
old requirements of this subchapter in effect on September 30, 2003, or
the new requirements of this subchapter in this final rule without
intermixing communication elements, except that intermixing is
permitted during the applicable transition period for packaging, hazard
communication, and handling provisions, as follows:
* * * * *
(4) Until January 1, 2010, a hazardous material may be transported
in an IM, IMO, or DOT Specification 51 portable tank in accordance with
the T Codes (Special Provisions) assigned to a hazardous material in
Column (7) of the Sec. 172.101 Table in effect on September 30, 2001.
(5) Proper shipping names that included the word ``inhibited''
prior to the June 21, 2001 final rule in effect on October 1, 2001 are
authorized on packagings and shipping papers in place of the word
``stabilized'' until October 1, 2007. Proper shipping names that
included the word ``compressed'' prior to the final rule published on
July 31, 2003 and effective on October 1, 2003 may continue to be shown
on packagings and shipping papers until October 1, 2007.
(6) The shipping paper requirement for total quantity indication in
Sec. 172.202(a)(6), that was in effect on September 30, 2003, is
authorized until October 1, 2007.
(7) Except for transport by vessel, the non-mandatory shipping
paper provision to include the subsidiary hazard class or division
number in accordance with Sec. 172.202(a)(2), in effect on September
30, 2003, is authorized until October 1, 2005.
(8) Until October 1, 2005, proper shipping names that did not
identify specific isomers by numbers or letters preceding the chemical
name prior to the final rule published on July 31, 2003 and effective
on October 1, 2003, may continue to be marked on packagings and are
authorized on shipping papers in place of the proper shipping names
revised in the July 31, 2003 final rule.
* * * * *

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

? 9. The authority citation for part 172 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

? 10. In Sec. 172.101, the following amendments are made:
? a. paragraph (c)(15) is revised;
? b. in the Hazardous Materials Table, entries are removed, as set forth
below;
? c. in the Hazardous Materials Table, entries are added, as set forth
below; and
? d. in the Hazardous Materials Table, entries are revised, as set forth
below:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *
(c) * * *
(15) Unless a hydrate is specifically listed in the Table, a proper
shipping name for the equivalent anhydrous substance may be used, if
the hydrate meets the same hazard class or division, subsidiary risk(s)
and packing group.
* * * * *

[[Page 45012]]

Sec. 172.101.--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
materials Hazard ------------------------------------------------------------------------------------------
Symbols descriptions and class or Identification PG Label Special provisions
proper shipping division numbers codes Exceptions Nonbulk 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:

* * * * * * *
Air bag 2.2........ UN3353......... ...... 2.2....... 133................. 166....... 166....... 166....... 75 kg........ 150 kg....... A
inflators,
compressed gas
or Air bag
modules,
combressed gas
or Seat-belt
pretensioners,
compressed gas.
Air bag 1.4G....... UN0503......... II.... 1.4G...... .................... 166....... 166....... 166....... Forbidden.... 75 kg........ 02 24E
inflators,
pyrotechnic or
Air bag
modules,
pyrotechnic or
Seat-belt
pretensioner,
pyrotechnic.
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.
D Ammonium nitrate 5.1........ NA2072......... III... 5.1....... 7, IB8.............. 152....... 213....... 240....... 25 kg........ 100 kg....... B 48, 59, 60,
fertilizers. 117
Ammonium nitrate 5.1........ UN2067......... III... 5.1....... 52, IB8, IP3........ 152....... 213....... 240....... 25 kg........ 100 kg....... B 48, 59, 60,
fertilizers; 117
uniform non-
segregating
mixtures of
ammonium
nitrate with
added matter
which is
inorganic and
chemically
inert towards
ammonium
nitrate, with
not less than
90 percent
ammonium
nitrate and not
more than 0.2
percent
combustible
material
(including
organic
material
calculated as
carbon), or
with more than
70 percent but
less than 90
percent
ammonium
nitrate and not
more than 0.4
percent total
combustible
material.
A W Ammonium nitrate 9.......... UN2071......... III... 9......... 132,IB8............. 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.
Ammonium nitrate 5.1........ NA2069......... III... 5.1....... 10, IB8............. 152....... 213....... 240....... 25 kg........ 100 kg....... B 48, 59, 60,
mixed 117
fertilizers.
Ammonium 5.1........ UN1942......... III... 5.1....... A1, A29, IB8, IP3... 152....... 213....... 240....... 25 kg........ 100 kg....... A 48, 59, 60,
nitrate, with 116
not more than
0.2 percent of
combustible
substances,
including any
organic
substance
calculated as
carbon, to the
exclusion of
any other added
substance.

[[Page 45013]]

Boron 2.3........ UN1008......... ...... 2.3....... 2, B9, B14.......... None...... 302....... 314, 315.. Forbidden.... Forbidden.... D 40
trifluoride,
compressed.
Calcium 5.1........ UN2880......... II.... 5.1....... IB8, IP2, IP4, W9... 152....... 212....... 240....... 5 kg......... 25 kg........ D 4, 5, 25, 48,
hypochlorite, 56, 58, 69
hydrated or
Calcium
hypochlorite,
hydrated
mixtures, with
not less than
5.5 percent but
not more than
10 percent
water.
Carbonyl 2.3........ UN2417......... ...... 2.3, 8.... 2................... None...... 302....... None...... Forbidden.... Forbidden.... D 40
fluoride,
compressed.
+ Chlorodinitroben 6.1........ UN1577......... II.... 6.1....... IB8, IP2, IP4, T7, None...... 212....... 242....... 25 kg........ 100 kg....... A 91
zenes. TP2.
Cigar and
cigarette
lighters,
charged with
fuel, see
Lighters for
cigars,
cigarettes, etc
Cresols......... 6.1........ UN2076......... II.... 6.1, 8.... IB8, IP2, IP4, T7, None...... 202....... 243....... 1 L.......... 30 L......... B
TP2.
Diborane, 2.3........ UN1911......... ...... 2.3, 2.1.. 1................... None...... 302....... None...... Forbidden.... Forbidden.... D 40, 57
compressed.
Diethylamino- 3.......... UN2684......... III... 3, 8...... B1, IB3, T4, TP1.... 150....... 203....... 242....... 5 L.......... 60 L......... A
propylamine.
Dimethylcyclo- 8.......... UN2264......... II.... 8, 3...... B2, IB2, T7, TP2.... 154....... 202....... 243....... 1 L.......... 30 L......... A 40
hexylamine.
Ethyl 3.......... UN2277......... II.... 3......... IB2, T4, TP1........ 150....... 202....... 242....... 5 L.......... 60 L......... B
methacrylate.
Ethylbutyl 3.......... UN1177......... III... 3......... B1, IB3, T2, TP1.... 150....... 203....... 242....... 60 L......... 220 L........ A
acetate.
Ethylene, 2.1........ UN1962......... ...... 2.1....... .................... 306....... 304....... 302....... Forbidden.... 150 kg....... E 40
compressed.
Hexafluoroethane 2.2........ UN2193......... ...... 2.2....... .................... 306....... 304....... 314, 315.. 75 kg........ 150 kg....... A
, compressed or
Refrigerant gas
R 116.
Hydrazine, 8.......... UN2029......... I..... 8, 3, 6.1. A3, A6, A7, A10, B7, None...... 201....... 243....... Forbidden.... 2.5 L........ D 21, 40, 42,
anhydrous or B16, B53. 100
Hydrazine
aqueous
solutions with
more than 64
percent
hydrazine, by
mass.
Hydrazine 8.......... UN2030......... II.... 8, 6.1.... B16, B53, IB2, T7, None...... 202....... 243....... Forbidden.... 30 L......... D 40, 42, 82
hydrate or TP2, TP13.
Hydrazine
aqueous
solutions, with
not less than
37 percent but
not more than
64 percent
hydrazine, by
mass.
Lighters or 2.1........ UN1057......... ...... 2.1....... N10................. None...... 21, 308... None...... 1 kg......... 15 kg........ B 40
Lighter refills
cigarettes,
containing
flammable gas.
Lithium 8.......... UN2680......... II.... 8......... IB8, IP2, IP4....... 154....... 212....... 240....... 15 kg........ 50 kg........ A
hydroxide,
monohydrate or
Lithium
hydroxide,
solid.
Nitrogen 2.2........ UN2451......... ...... 2.2, 5.1.. .................... None...... 302....... None...... 75 kg........ 150 kg....... D 40
trifluoride,
compressed.
Phosphoric acid, 8.......... UN1805......... III... 8......... A7, IB3, IP3, N34, 154....... 203....... 241....... 5 L.......... 60 L......... A
liquid or solid. T4, TP1.
Phosphorus 2.3........ UN2198......... ...... 2.3, 8.... 2, B9, B14.......... None...... 302, 304.. 314, 315.. Forbidden.... Forbidden.... D 40
pentafluoride,
compressed.
Propyl chloride. 3.......... UN1278......... II.... 3......... IB2, IP8, N34, T7, None...... 202....... 242....... Forbidden.... 60 L......... E
TP2.
Refrigerating 2.2........ UN2857......... ...... 2.2....... A53................. 306, 307.. 306....... 306, 307.. 450 kg....... 450 kg....... A
machines,
containing non-
flammable, non-
toxic,
liquefied gas
or ammonia
solution
(UN2672).
Silane, 2.1........ UN2203......... ...... 2.1....... .................... None...... 302....... None...... Forbidden.... Forbidden.... E 40, 57, 104
compressed.
Silicon 2.3........ UN1859......... ...... 2.3, 8.... 2................... None...... 302....... None...... Forbidden.... Forbidden.... D 40
tetrafluoride,
compressed.
Tetrachloroethan 6.1........ UN1702......... II.... 6.1....... IB2, N36, T7, TP2... None...... 202....... 243....... 5 L.......... 60 L......... A 40
e.
Tetrafluorometha 2.2........ UN1982......... ...... 2.2....... .................... None...... 302....... None...... 75 kg........ 150 kg....... A .............
ne, compressed
or Refrigerant
gas R 14.
D Uranium nitrate 7.......... UN2980......... ...... 7, 8...... .................... 421, 427.. 415, 416, 415, 416, ............. ............. D 95
hexahydrate 417. 417.
solution.
Xenon, 2.2........ UN2036......... ...... 2.2....... .................... 306....... 302....... None...... 75 kg........ 150 kg....... A .............
compressed.
Xylidines, 6.1........ UN1711......... II.... 6.1....... IB2, T7, TP2........ None...... 202....... 243....... 5 L.......... 60 L......... A .............
solution.

[[Page 45014]]

Add:
Accumulators,
pressurized,
pneumatic or
hydraulic
(containing non-
flammable gas)
see Articles
pressurized,
pneumatic or
hydraulic
(containing non-
flammable gas)

* * * * * * *
I Air bag 1.4G....... UN0503......... II.... 1.4G...... 161................. None...... 62........ None...... Forbidden.... 75kg......... 02
inflators, or
Air bag
modules, or
Seat-belt
pretensioners.
Air bag 9.......... UN3268......... III... 9......... 160................. 166....... 166....... 166....... 25 kg........ 100.......... A
inflators, or
Air bag
modules, or
Seat-belt
pretensioners.
* * * * * * *
Ammonium nitrate 5.1........ UN3375......... II.... 5.1....... 52, 147............. None...... 214....... 214....... Forbidden.... Forbidden.... D 48, 59, 60,
emulsion or 124
Ammonium
nitrate
suspension or
Ammonium
nitrate gel,
intermediate
for blasting
explosives.
* * * * * * *
Ammonium nitrate 5.1........ UN2067......... III... 5.1....... 52, 150, IB8, IP3... 152....... 213....... 240....... 25 kg........ 100 kg....... B 48, 59, 60,
based 117
fertilizer.
AW Ammonium nitrate 9.......... UN2071......... III... 9......... 132, IB8............ 155....... 213....... 240....... 200 kg....... 200 kg....... A .............
based
fertilizer.

* * * * * * *
Ammonium 5.1........ UN1942......... III... 5.1....... A1, A29, IB8, IP3... 152....... 213....... 240....... 25 kg........ 100 kg....... A 48, 59, 60,
nitrate, with 116
not more than
0.2% total
combustible
material,
including any
organic
substance,
calculated as
carbon to the
exclusion of
any other added
substance.

* * * * * * *
Boron 2.3........ UN1008......... ...... 2.3....... 2, B9, B14.......... None...... 302....... 314, 315.. Forbidden.... Forbidden.... D 40
trifluoride.

* * * * * * *
Calcium 5.1........ UN2880......... II.... 5.1....... IB8, IP2, IP4, W9... 152....... 212....... 240....... 5 kg......... 25 kg........ D 4, 5, 25, 48,
hypochlorite, 56, 58, 69
hydrated or
Calcium
hypochlorite,
hydrated
mixtures, with
not less than
5.5 percent but
not more than
16 percent
water.

* * * * * * *
Carbonyl 2.3........ UN2417......... ...... 2.3, 8.... 2................... None...... 302....... None...... Forbidden.... Forbidden.... D 40
fluoride.

* * * * * * *
+ Chlorodinitroben 6.1........ UN1577......... II.... 6.1....... IB2, T11,TP2, TP27.. None...... 202....... 243....... 5 L.......... 60 L......... B 91
zenes, liquid.
+ Chlorodinitroben 6.1........ UN1577......... II.... 6.1....... IB8, IP4, T7, TP2... None...... 212....... 242....... 25 kg........ 100 kg....... A 91
zenes, solid.

[[Page 45015]]

* * * * * * *
1-Chloropropane. 3.......... UN1278......... II.... 3......... IB2, N34, T7, TP2... None...... 202....... 242....... Forbidden.... 60 L......... E
* * * * * * *
Chlorosilanes, 6.1........ UN3361......... II.... 6.1, 8.... IB1, T11, TP2, TP13. None...... 202....... 243....... 1 L.......... 30 L......... C 40
toxic,
corrosive,
n.o.s..
Chlorosilanes, 6.1........ UN3362......... II.... 6.1, 3, 8. IB1, T11, TP2, TP13. None...... 202....... 243....... 1 L.......... 30 L......... C 40, 125
toxic,
corrosive,
flammable,
n.o.s..

* * * * * * *
Cigar and
cigarette
lighters,
charged with
fuel, see
Lighters or
Lighter refills
containing
flammable gas

* * * * * * *
Cresols, liquid. 6.1........ UN2076......... II.... 6.1, 8.... IB8, IP2, IP4, T7, None...... 202....... 243....... 1 L.......... 30 L......... B .............
TP2.
Cresols, solid. 6.1........ UN2076......... II.... 6.1, 8.... IB8, IP2, IP4, T7, None...... 202....... 243....... 1 L.......... 30 L......... B .............
TP2.

* * * * * * *
Diborane........ 2.3........ UN1911......... 2.3... 2.1....... 1................... None...... 302....... None...... Forbidden.... Forbidden.... D 40, 57

* * * * * * *
3-Diethylamino- 3.......... UN2684......... III... 3, 8...... B1, IB3, T4, TP1.... 150....... 203....... 242....... 5 L.......... 60 L......... A .............
propylamine.

* * * * * * *
N,N- 8.......... UN2264......... II.... 8, 3...... B2, IB2, T7, TP2.... 154....... 202....... 243....... 1 L.......... 30 L......... A 40
Dimethylcyclo-
hexylamine.

* * * * * * *
Ethyl 3.......... UN2277......... II.... 3......... IB2, T4, TP1........ 150....... 202....... 242....... 5 L.......... 60 L......... B .............
methacrylate,
stabilized.

* * * * * * *
2-Ethylbutyl 3.......... UN1177......... III... 3......... B1, IB3, T2, TP1.... 150....... 203....... 242....... 60 L......... 220 L........ A .............
acetate.

* * * * * * *
Ethylene........ 2.1........ UN1962......... ...... 2.1....... 306................. 304....... 302....... Forbidden. 150kg........ E............ 40 .............

* * * * * * *
Ethylene glycol 3.......... UN1153......... II.... 3......... IB2, T4, TP1........ 150....... 202....... 242....... 5 L.......... 60 L......... A .............
diethyl ether.

* * * * * * *
A, I, W Fibers, animal 4.2........ UN1372......... III... 4.2....... .................... 151....... 213....... 240....... Forbidden.... Forbidden.... A .............
or Fibers,
vegetable
burnt, wet or
damp.

* * * * * * *
I, W Fibers, 4.1........ UN3360......... III... 4.1....... 137................. 151....... 213....... 240....... No limit..... No limit..... A .............
vegetable, dry.

* * * * * * *
Hexafluoroethane 2.2........ UN2193......... ...... 2.2....... .................... 306....... 304....... 314, 315.. 75 kg........ 150.......... A .............
, or
Refrigerant gas
R116.

[[Page 45016]]

* * * * * * *
Hydrazine, 8.......... UN2029......... I..... 8, 3, 6.1. A3, A6, A7, A10, B7, None...... 201....... 243....... Forbidden.... 2.5 L........ D 40, 125
anhydrous. B16, B53.

* * * * * * *
Hydrazine 8.......... UN2030......... I..... 8, 6.1.... 151................. None...... 201....... 243....... Forbidden.... 2.5 L........ D 40
aqueous
solution, with
more than 37%
hydrazine, by
mass.
II.... 8, 6.1.... .................... None...... 202....... 243....... Forbidden.... 30 L......... D 40
III... 8, 6.1.... .................... 154....... 203....... 241....... 5 L.......... 60 L......... D 40

* * * * * * *
Hydrobromic 8.......... UN1788......... ...... .......... .................... .......... .......... .......... ............. ............. ........ .............
acid, with more
than 4 percent
hydrobromic
acid 9.

* * * * * * *
Lighters or 2.1........ UN1057......... ...... 2.1....... N10................. None...... 21, 308... None...... 1 kg......... 15 kg........ B 40
Lighter refills
containing
flammable gas.

* * * * * * *
Lithium 8.......... UN2680......... II.... 8......... IB8, IP2, IP4....... 154....... 212....... 240....... 15 kg........ 50 kg........ A .............
hydroxide.

* * * * * * *
2-Methylbutanal. 3.......... UN3371......... II.... 3......... IB2, T4, TP1........ 150....... 202....... 242....... 5 L.......... 60 L......... B .............

* * * * * * *
Nitrogen 2.2........ UN2451......... ...... 2.2, 5.1.. .................... None...... 302....... None...... 75 kg........ 150 kg....... D 40
trifluoride.

* * * * * * *
4- 4.1........ UN3376......... I..... 4.1....... 162, A8, A19, A20, None...... 211....... None...... Forbidden.... Forbidden.... E 36
Nitrophenylhydr N41.
azine, with not
less than 30%
water, by mass.

* * * * * * *
G Organometallic 4.3........ UN3372......... I..... 4.3, 4.1.. IB4, N40............ None...... 211....... 242....... Forbidden.... 15 kg........ E 40
compound,
solid, water-
reactive,
flammable,
n.o.s..
II 4.3, 4.1.. IB4................. 151....... 212....... 242....... 15 kg........ 50 kg........ E 40
III 4.3, 4.1.. IB6................. 151....... 213....... 241....... 25 kg........ 100 kg....... E 40

* * * * * * *
Phosphoric acid, 8.......... UN1805......... III... 8......... A7, IB3, IP3, N34, 154....... 203....... 241....... 5 L.......... 60 L......... A .............
liquid. T4, TP1.
Phosphoric acid, 8.......... UN1805......... III... 8......... IB8, IP3, T3, TP1... 154....... 213....... 240....... 25 kg........ 100 kg....... A .............
solid.

* * * * * * *
Phosphorus 2.3........ UN2198......... ...... 2.3, 8.... 2, B9, B14.......... None...... 302, 304.. 314, 315.. Forbidden.... Forbidden.... D 40
pentafluoride.

[[Page 45017]]

* * * * * * *
Propyl chloride
see 1-
Chloropropane.

* * * * * * *
A, W Rags, oily...... 4.2........ UN1856......... III... 4.2....... .................... 151....... 213....... 240....... Forbidden.... Forbidden.... A .............

* * * * * * *
Refrigerating 2.2........ UN2857......... ...... 2.2....... A53................. 306, 307.. 306....... 306, 307.. 450 kg....... 450 kg....... A .............
machines,
containing non-
flammable, non-
toxic,
liquefied or
compressed gas
or ammonia
solution
(UN2672).

* * * * * * *
Rubber scrap or 4.1........ UN1345......... II.... 4.1....... IB8, IP2, IP4....... 151....... 212....... 240....... 15 kg........ 50 kg........ A .............
Rubber shoddy,
powdered or
granulated, not
exceeding 840
microns and
rubber content
exceeding 45%.

* * * * * * *
Silane.......... 2.1........ UN2203......... ...... 2.1....... .................... None...... 302....... None...... Forbidden.... Forbidden.... E 40, 57, 104

* * * * * * *
Silicon 2.3........ UN1859......... ...... 2.3, 8.... 2................... None...... 302....... None...... Forbidden.... Forbidden.... D 40
tetrafluoride.

* * * * * * *
Sodium dinitro-o- 4.1........ UN3369......... I..... 4.1....... 162, A8, A19, N41, None...... 211....... None...... 0.5 kg....... 0.5 kg....... E 36
cresolate, N84.
wetted, with
not less than
10% water by
mass.

* * * * * * *
1,1,2,2- 6.1........ UN1702......... II.... 6.1....... IB2, N36, T7, TP2... None...... 202....... 243....... 5 L.......... 60 L......... A 40
Tetrachloroetha
ne.

* * * * * * *
Tetrafluorometha 2.2........ UN1982......... ...... 2.2....... .................... None...... 302....... None...... 75 kg........ 150 kg....... A .............
ne, or
Refrigerant gas
R 14.

* * * * * * *
A, I, W Textile waste, 4.2........ UN1857......... III... 4.2....... .................... 151....... 213....... 240....... Forbidden.... Forbidden.... A .............
wet.

* * * * * * *
Trinitrobenzene, 4.1........ UN3367......... I..... 4.1....... 162, A8, A19, N41, None...... 211....... None...... 0.5 kg....... 0.5 kg....... E 36
wetted, with N84.
not less than
10% water by
mass.

* * * * * * *
Trinitrobenzoic 4.1........ UN3368......... I..... 4.1....... 162, A8, A19, N41, None...... 211....... None...... 0.5 kg....... 0.5 kg....... E 36
acid, wetted, N84.
with not less
than 10% water
by mass.

* * * * * * *
Trinitrochlorobe 4.1........ UN3365......... I..... 4.1....... 162, A8, A19, N41, None...... 211....... None...... 0.5 kg....... 0.5 kg....... E 36
nzene (picryl N84.
chloride),
wetted, with
not less than
10% water by
mass.

* * * * * * *
Trinitrophenol 4.1........ UN3364......... I..... 4.1....... 162, A8, A19, N41, None...... 211....... None...... 0.5 kg....... 0.5 kg....... E 36
(picric acid), N84.
wetted, with
not less than
10% water by
mass.

[[Page 45018]]

* * * * * * *
Trinitrotoluene 4.1........ UN3366......... I..... 4.1....... 162, A8, A19, N41, None...... 211....... None...... 0.5 kg....... 0.5 kg....... E 36
(TNT), wetted, N84.
with not less
than 10% water
by mass.

* * * * * * *
D Uranyl nitrate 7.......... UN2980......... ...... 7, 8...... .................... 421, 427.. 415, 416, 415, 416 ............. ............. D 95
hexahydrate 417. 417.
solution.

* * * * * * *
Urea nitrate, 4.1........ UN3370......... I..... 4.1....... 162, A8, A19, N41, None...... 211....... None...... 0.5 kg....... 0.5 kg....... E 36
wetted, with N83.
not less than
10% water by
mass.

* * * * * * *
A, I, W Wool waste, wet. 4.2........ UN1387......... III... 4.2....... .................... 151....... 213....... 240....... Forbidden.... Forbidden.... A .............

* * * * * * *
Xenon........... 2.2........ UN2036......... ...... 2.2....... .................... 306....... 302....... None...... 75 kg........ 150 kg....... A .............

* * * * * * *
Xylidines, 6.1........ UN1711......... II.... 6.1....... IB2, T7, TP2........ None...... 202....... 243....... 5 L.......... 60 L......... A .............
liquid.
Revise:
Adhesives, 3.......... UN1133......... II.... 3......... 149, B52, IB2, T4, 150....... 173....... 242....... 5 L.......... 60 L......... B .............
containing a TP1, TP8.
flammable
liquid.

* * * * * * *
Aerosols, 2.2........ UN1950......... ...... 2.2, 8.... 153, A34............ 306....... None...... None...... 75 kg........ 150 kg....... A 48, 87, 126
corrosive,
Packing Group
II or III,
(each not
exceeding 1 L
capacity).
Aerosols, 2.1........ UN1950......... ...... 2.1....... 153, N82............ 306....... None...... None...... 75 kg........ 150 kg....... A 48, 87, 126
flammable,
(each not
exceeding 1 L
capacity).
Aerosols, 2.1........ UN1950......... ...... 2.1....... 153, N82............ 306....... 304....... None...... Forbidden.... 150 kg....... A 48, 87, 126
flammable,
n.o.s. (engine
starting fluid)
(each not
exceeding 1 L
capacity).
Aerosols, non- 2.2........ UN1950......... ...... 2.2....... 153................. 306, 307.. None...... None...... 75 kg........ 150 kg....... A 48, 87, 126
flammable,
(each not
exceeding 1 L
capacity).
Aerosols, 2.2........ UN1950......... ...... 2.2....... 153................. 306....... None...... None...... Forbidden.... Forbidden.... A 48, 87, 126
poison, each
not exceeding 1
L capacity.

* * * * * * *
Alkylsulfuric 8.......... UN2571......... II.... 8......... B2, IB2, T8, TP2, 154....... 202....... 242....... 1 L.......... 30 L......... C 14
acids. TP12, TP13, TP28.

[[Page 45019]]

* * * * * * *
Ammonia 8.......... UN2672......... III... 8......... IB3, IP8, T7, TP1... 154....... 203....... 241....... 5 L.......... 60 L......... A 40, 85
solutions,
relative
density between
0.880 and 0.957
at 15 degrees C
in water, with
more than 10
percent but not
more than 35
percent Ammonia.

* * * * * * *
Ammunition, 1.2G....... UN0015......... II.... 1.2G...... .................... .......... 62........ None...... Forbidden.... Forbidden.... ........ 8E, 17E, 20E
smoke with or
without
burster,
expelling
charge or
propelling
charge.
Ammunition, 1.3G....... UN0016......... II.... 1.3G...... .................... .......... 62........ None...... Forbidden.... Forbidden.... ........ 8E, 17E, 20E
smoke with or
without
burster,
expelling
charge or
propelling
charge.
Ammunition, 1.4G....... UN0303......... II.... 1.4G...... .................... .......... 62........ None...... Forbidden.... 75 kg........ ........ 7E, 8E, 14E,
smoke with or 15E, 17E
with burster,
expelling
charge or
propelling
charge.

* * * * * * * * *
Arsenic 6.1........ UN1556......... I..... 6.1....... T14, TP2, TP9, TP13, None...... 201....... 243....... 1 L.......... 30 L......... B 40
compounds, TP27.
liquid, n.o.s
inorganic,
including
arsenates,
n.o.s.;
arsenites,
n.o.s.; arsenic
sulfides,
n.o.s.; and
organic
compounds of
arsenic, n.o.s.
II.... 6.1....... IB2, T11, TP2, TP13, None...... 202....... 243....... 5 L.......... 60 L......... B 40
TP27.
III... 6.1....... IB3, T7, TP2, TP28.. 153....... 203....... 241....... 60 L......... 220 L........ B 40

* * * * * * * * *
D Asbestos........ 9.......... NA2212......... III... 9......... 156, IB8, IP2, IP4.. 155....... 216....... 240....... 200 kg....... 200 kg....... A 34, 40

* * * * * * * * *
Barium azide, 4.1........ UN1571......... I..... 4.1, 6.1.. 162, A2............. None...... 182....... None...... Forbidden.... 0.5 kg....... D 28
wetted with not
less than 50
percent water,
by mass.

* * * * * * * * *
Battery fluid, 8.......... UN2797......... II.... 8......... B2, IB2, N6, T7, 154....... 202....... 242....... 1 L.......... 30 L......... A 26
alkali. TP2, TP28.

* * * * * * * * *
I Blue asbestos 9.......... UN2212......... II.... 9......... 156, IB8, IP2, IP4.. 155....... 216....... 240....... Forbidden.... Forbidden.... A 34, 40
(Crocidolite or
Brown asbestos
(amosite,
mysorite).

* * * * * * * * *
5-tert-Butyl- 4.1........ UN2956......... III... 4.1....... 159................. None...... 223....... None...... Forbidden.... Forbidden.... D 12, 25, 48,
2,4,6-trinitro- 127
m-xylene or
Musk xylene.

* * * * * * * * *
Chemical kits... 9.......... UN3316......... ...... 9......... 15.................. 161....... 161....... None...... 10 kg........ 10 kg........ A

* * * * * * * * *
Chloroacetic 6.1........ UN3250......... II.... 6.1, 8.... IB1, T7, TP3, TP28.. None...... 202....... 243....... Forbidden.... Forbidden.... C 40
acid, molten.

[[Page 45020]]

* * * * * * * * *
4-Chloro-o- 6.1........ UN1579......... III... 6.1....... IB8, IP3, T4, TP1... 153....... 213....... 240....... 100 kg....... 200 kg....... A
toluidine
hydrochloride.

* * * * * * * * *
Coating solution 3.......... UN1139......... II.... 3......... 149, IB2, T4, TP1, 150....... 202....... 242....... 5 L.......... 60 L......... B
(includes TP8.
surface
treatments or
coatings used
for industrial
or other
purposes such
as vehicle
undercoating,
drum or barrel
lining).

* * * * * * * * *
Dichlorodimethyl 6.1........ UN2249......... I..... 6.1, 3.... .................... None...... 201....... 243....... Forbidden.... Forbidden.... D 40
ether,
symmetrical.

* * * * * * * * *
Dipicryl 4.1........ UN2852......... I..... 4.1....... 162, A2, N41, N84... None...... 211....... None...... Forbidden.... 0.5 kg....... D 28
dulfide, wetted
with not less
than 10 percent
water, by mass.

* * * * * * * * *
G Environmentally 9.......... UN3082......... III... 9......... 8, 146, IB3, T4, 155....... 203....... 241....... No limit..... No limit..... A
hazardous TP1, TP29.
substances,
liquid, n.o.s.
G Environmentally 9.......... UN3077......... III... 9......... 8, 146, B54, IB8, 155....... 213....... 240....... No limit..... No limit..... A
hazardous N20.
substances,
solid, n.o.s.

* * * * * * * * *
Extracts, 3.......... UN1169......... II.... 3......... 149, IB2, T4, TP1, 150....... 202....... 242....... 5 L.......... 60 L......... B
aromatic, TP8.
liquid.
Extracts, 3.......... UN1197......... II.... 3......... 149, IB2, T4, TP1, 150....... 202....... 242....... 5 L.......... 60 L......... B
flavoring, TP8.
liquid.

* * * * * * *
First aid kits.. 9.......... UN3316......... ...... 9......... 15.................. 161....... 161....... None...... 10 kg........ 10 kg........ A
W Fish meal, 9.......... UN2216......... III... .......... 155, IB8............ 155....... 218....... 218....... No limit..... No limit..... B 88, 122, 128
stabilized or
Fish scrap,
stabilized.
Fish meal, 4.2........ UN1374......... II.... 4.2....... 155, A1, A19, IB8, None...... 212....... 241....... 15 kg........ 50 kg........ B 88, 122, 128
unstabilized or IP2.
Fish scrap,
unstabilized.

* * * * * * *
G Flammable 3.......... UN1993......... I..... 3......... T11, TP1, TP27...... 150....... 201....... 243....... 1 L.......... 30 L......... E
liquids, n.o.s..

* * * * * * *
Hydrobromic 8.......... UN1788......... III... 8......... IB3, T4, TP1........ 154....... 203....... 241....... 5 L.......... 60 L......... C 8
acid, with not
more than 49
percent
hydrobromic
acid.

* * * * * * *
Hydrocarbons, 3.......... UN3295......... I..... 3......... T11, TP1, TP8, TP28. 150....... 201....... 243....... 1 L.......... 30 L......... E
liquid, n.o.s..

[[Page 45021]]

* * * * * * *
Hydrogen 5.1........ UN3149......... II.... 5.1, 8.... 145, A2, A3, A6, None...... 202....... 243....... 1 L.......... 5 L.......... D 25, 66, 75,
peroxide and B53, IB2, IP5, T7, 106
peroxyacetic TP2, TP6, TP24.
acid mixtures,
stabilized with
acids, water
and not more
than 5 percent
peroxyacetic
acid.

* * * * * * *
Iodine 5.1........ UN2495......... I..... 5.1, 6.1, .................... None...... 205....... 243....... Forbidden.... Forbidden.... D 25, 40, 66,
pentafluoride. 8. 90

* * * * * * *
Isosorbide 4.1........ UN2907......... II.... 4.1....... IB6, IP2, N85....... None...... 212....... None...... 15 kg........ 50 kg........ E .............
dinitrate
mixture with
not less than
60 percent
lactose,
mannose, starch
or calcium
hydrogen
phosphate.

* * * * * * *
Lithium 9.......... UN3091......... II.... 9......... 29, A54, A55........ 185....... 185....... None...... 5 kg......... 35kg......... A
batteries,
contained in
equipment.
Lithium 9.......... UN3091......... II.... 9......... 29, A54, A55........ 185....... 185....... None...... 5 kg gross... 35 kg gross.. A .............
batteries
packed with
equipment.
Lithium battery. 9.......... UN3090......... II.... 9......... 29, A54, A55........ 185....... 185....... None...... 5 kg gross... 35 kg gross.. A .............

* * * * * * *
Medicine, 6.1........ UN1851......... II.... 6.1....... 36.................. 153....... 202....... 243....... 5 L.......... 5 L.......... C 40
liquid, toxic,
n.o.s..
III... 6.1....... 36.................. 153....... 203....... 241....... 5 L.......... 5 L.......... C 40

* * * * * * *
Methacrylic 8.......... UN2531......... II.... 8......... IB3, T4, TP1, TP18, 154....... 202....... 242....... 1 L.......... 30 L......... C 40
Acid, TP 30.
stabilized.

* * * * * * *
Methyl bromide.. 2.3........ UN1062......... 2.3....... 3, B14, T50, 153.... None...... 193....... 314, 315.. Forbidden.... Forbidden.... D 40

* * * * * * *
Morpholine...... 8.......... UN2054......... I..... 8, 3...... T10, TP2............ None...... 201....... 243....... .5 L......... 2.5 L........ A

* * * * * * *
I Motor fuel anti- 6.1........ UN1649......... I..... 6.1....... 14, 151, B9, B90, None...... 201....... 244....... Forbidden.... 30 L......... D 25, 40
knock mixtures. T14, TP2, TP13.

* * * * * * *
G Organic peroxide 5.2........ UN3120......... II.... 5.2....... IB52, T23........... None...... 225....... 225....... Forbidden.... Forbidden.... D 2
type F, solid,
temperature
controlled.
Organochlorine 6.1........ UN2995......... III... 6.1, 3.... B1, IB3, T7, TP2, 153....... 203....... 242....... 60 L......... 220 L........ A 40
pesticides, TP28.
liquid, toxic,
flammable,
flash point not
less than 23
degrees C.

* * * * * * *
Organophosphorus 6.1........ UN3279......... I..... 6.1, 3.... 5, T14, TP2, TP13, None...... 201....... 243....... 1 L 30....... L............ B 40
compound, TP27.
toxic,
flammable,
n.o.s.

[[Page 45022]]

* * * * * * *
Paint including 3.......... UN1263......... II.... 3......... 149, B52, IB2, T4, 150....... 173....... 242....... 5 L.......... 60 L......... B
paint, lacquer, TP1, TP8.
enamel, stain,
shellac
solutions,
varnish,
polish, liquid
filler, and
liquid lacquer
base.

* * * * * * *
Paint related 3.......... UN1263......... II.... 3......... 149, B52, IB2, T4, 150....... 173....... 242....... 5 L.......... 60 L......... B
material TP1, TP8.
including paint
thinning,
drying,
removing, or
reducing
compound.

* * * * * * *
Pentaerythrite 4.1........ UN3344......... II.... 4.1....... 118, N85............ None...... 214....... None...... Forbidden.... Forbidden.... E
tetranitrate
mixture,
desensitized,
solid, n.o.s.
with more than
10 percent but
not more than
20 percent
PETN, by mass.

* * * * * * *
Perfumery 3.......... UN1266......... II.... 3......... 149, IB2, T4, TP1, 150....... 202....... 242....... 15 L......... 60 L......... B
products with TP8.
flammable
solvents.

* * * * * * *
Phosphorus, 4.2........ UN1381......... I..... 4.2, 6.1.. B9, B26, N34, T9, None...... 188....... 243....... Forbidden.... Forbidden.... E
white dry or TP3, TP31.
Phosphorus,
white, under
water or
Phosphorus
white, in
solution or
Phosphorus
yellow dry or
Phosphorus,
yellow, under
water or
Phosphorus,
yellow, in
solution.

* * * * * * *
Piperazine...... 8.......... UN2579......... III... 8......... IB8, IP3, T4, TP1, 154....... 213....... 240....... 25 kg........ 100.......... A 12
TP30.

* * * * * * *
Polyester resin. 3.......... UN3269......... ...... 3......... 40, 149............. 152....... 225....... None...... 5 kg......... 5 kg......... B

* * * * * * *
Potassium....... 4.3........ UN2257......... I..... 4.3....... A19, A20, B27, IB1, None...... 211....... 244....... Forbidden.... 15 kg........ D
IP1, N6, N34, T9,
TP3, TP7, TP31.

* * * * * * *
Potassium sodium 4.3........ UN1422......... I..... 4.3....... A19, B27, IB4, IP1, None...... 211....... 244....... Forbidden.... 15 kg........ D
alloys. N34, N40, T9, TP3,
TP7, TP31.

[[Page 45023]]

* * * * * * *
Printing ink, 3.......... UN1210......... II.... 3......... 149, IB2, T4, TP1, 150....... 173....... 242....... 5 L.......... 60 L......... B
flammable or TP8.
Printing ink
related
material
(including
printing ink
thinning or
reducing
compound),
flammable.

* * * * * * *
D Radioactive 7.......... UN2918......... ...... 7......... A56................. 453....... 417....... 417....... ............. ............. A 95, 105
material,
fissile, n.o.s.
I Radioactive 7.......... UN2912......... ...... 7......... A56, T5, TP4, W7.... 421, 422, 427....... 427....... ............. ............. A 95, 129
material, low 428.
specific
activity (LSA-
I) non fissile
or fissile-
excepted.

* * * * * * *
I Radioactive 7.......... UN3321......... ...... 7......... A56, T5, TP4, W7.... 421, 422, 427....... 427....... ............. ............. A 95, 129
material, low 428.
specific
activity (LSA-
II) non fissile
or fissile-
excepted.
I Radioactive 7.......... UN3322......... ...... 7......... A56, T5, TP4, W7.... 421, 422, 427....... 427....... ............. ............. A 95, 129
material, low 428.
specific
activity (LSA-
III) non
fissile or
fissile
excepted.
D Radioactive 7.......... UN2912......... ...... 7......... A56, T5, TP4........ 421, 428.. 427....... 427....... ............. ............. A 95, 129
material, low
specific
activity,
n.o.s. or
Radioactive
material, LSA,
n.o.s.
D Radioactive 7.......... UN2982......... ...... 7......... A56................. 421, 428.. 415, 416.. 415, 416.. ............. ............. A 95
material, n.o.s.
D Radioactive 7.......... UN2974......... ...... 7......... A56................. 421, 424.. 415, 416.. 415, 416.. ............. ............. A 95
material,
special form,
n.o.s.
D Radioactive 7.......... UN2913......... ...... 7......... A56................. 421, 424, 427....... 427....... ............. ............. A 95
material, 426.
surface
contaminated
object or
Radioactive
material, SCO.
I Radioactive 7.......... UN2913......... ...... 7......... A56................. 421, 422, 427....... 427....... ............. ............. A 95
material, 428.
surface
contaminated
objects (SCO-I
or SCO-II) non
fissile or
fissile-
excepted.
I Radioactive 7.......... UN2919......... ...... 7......... A56, 139............ .......... .......... .......... ............. ............. A 95, 105
material,
transported
under special
arrangement,
non fissile or
fissile
excepted.
I Radioactive 7.......... UN3331......... ...... 7......... A56, 139............ .......... .......... .......... ............. ............. A 95, 105
material,
transported
under special
arrangement,
fissile.
I Radioactive 7.......... UN3327......... ...... 7......... A56, W7, W8......... 453....... 417....... 417....... ............. ............. A 95, 105, 131
material, Type
A package,
fissile non-
special form.
I Radioactive 7.......... UN2915......... ...... 7......... A56, W7, W8......... .......... 415....... 415....... ............. ............. A 95, 130
material, Type
A package non-
special form,
non fissile or
fissile-
excepted.
I Radioactive 7.......... UN3332......... ...... 7......... A56, W7, W8......... .......... 415, 476.. 415, 476.. ............. ............. A 95
material, Type
A package,
special form
non fissile or
fissile-
excepted.
I Radioactive 7.......... UN3333......... ...... 7......... A56, W7, W8......... 453....... 417, 476.. 417, 476.. ............. ............. A 95, 105
material, Type
A package,
special form,
fissile.
I Radioactive 7.......... UN3329......... ...... 7......... A56................. 453....... 417....... 417....... ............. ............. A 95, 105
material, Type
B(M) package,
fissile.
I Radioactive 7.......... UN2917......... ...... 7......... A56................. .......... 416....... 416....... ............. ............. A 95, 105
material, Type
B(M) package
non fissile or
fissile-
excepted.
I Radioactive 7.......... UN3328......... ...... 7......... A56................. 453....... 417....... 417....... ............. ............. A 95, 105
material, Type
B(U) package,
fissile..
I Radioactive 7.......... UN2916......... ...... A56....... 416................. 416....... .......... .......... ............. ............. A 95, 105
material, Type
B(U) package
non fissile or
fissile-
excepted.

[[Page 45024]]

I Radioactive 7.......... UN2978......... ...... 7, 8...... .................... 423....... 420, 427.. 420, 427.. ............. ............. A 95, 132
material,
uranium
hexafluoride
non fissile or
fissile-
excepted.
Radioactive 7.......... UN2977......... ...... 7, 8...... .................... 453....... 417, 420.. 417, 420.. ............. ............. A 95, 132
material,
uranium
hexafluoride,
fissile.

* * * * * * * * *
Resin solution, 3.......... UN1866......... II.... 3......... 149, B52, IB2, T4, 150....... 173....... 242....... 5 L.......... 60 L......... B
flammable. TP1, TP8.

* * * * * * * * *
Rubber solution. 3.......... UN1287......... II.... 3......... 149, IB2, T4, TP1, 150....... 202....... 242....... 5 L.......... 60 L......... B
TP8.

* * * * * * * * *
G Self-reactive 4.1........ UN3229......... II.... 4.1....... T23................. None...... 114....... None...... 10 L......... 25L.......... D 61
liquid type F.

* * * * * * * * *
Silver picrate, 4.1........ UN1347......... I..... 4.1....... 23.................. None...... 211....... None...... Forbidden.... Forbidden.... D 28, 36
wetted with not
less than 30
percent water,
by mass.

* * * * * * * * *
Sludge, acid.... 8.......... UN1906......... II.... 8......... A3, A7, B2, IB2, None...... 202....... 242....... Forbidden.... 30 L......... C 14
N34, T8, TP2, TP12,
TP28.

* * * * * * * * *
Sodium.......... 4.3........ UN1428......... I..... 4.3....... A7, A8, A19, A20, None...... 211....... 244....... Forbidden.... 15 kg........ D
B9, B48, B68, IB4,
IP1, N34, T9, TP3,
TP7, TP31, TP46.

* * * * * * * * *
D Sulfur, molten.. 9.......... NA2448......... III... 9......... 30, IB3, T1, TP3.... None...... 213....... 247....... Forbidden.... Forbidden.... C 61
I Sulfur, molten.. 4.1........ UN2448......... III... 4.1....... 30, IB1, T1, TP3.... None...... 213....... 247....... Forbidden.... Forbidden.... C 74

* * * * * * *
Tars, liquid 3.......... UN1999......... II.... 3......... 149, B13, IB2, T3, 150....... 202....... 242....... 5 L.......... 60 L......... B
including road TP3, TP29.
asphalt and
oils, bitumen
and cut backs.

* * * * * * *
D Thorium metal, 7.......... UN2975......... ...... 7, 4.2.... A56................. None...... 418....... None...... ............. ............. ........ 95
pyrophoric.
D Thorium nitrate, 7.......... UN2976......... ...... 7, 5.1.... .................... None...... 419....... None...... Forbidden.... 15 kg........ A 95
solid.

[[Page 45025]]

* * * * * * *
D Uranium 7.......... UN2978......... ...... 7, 8...... .................... 423....... 420,, 427. 420, 427.. ............. ............. A 95, 132
hexafluoride,
fissile
excepted or non-
fissile.
D Uranium 7.......... UN2977......... ...... 7, 8...... .................... 453....... 417, 420.. 417, 420.. ............. ............. A 95, 132
hexafluoride,
fissile (with
more than 1
percent U-235).
D Uranium metal, 7.......... UN2979......... ...... 7, 4.2.... A56................. None...... 418....... None...... ............. ............. D 95
pyrophoric.

* * * * * * *
D Uranyl nitrate, 7.......... UN2981......... ...... 7, 5.1.... .................... None...... 419....... None...... Forbidden.... 15 kg........ A 95
solid.

* * * * * * *
Urea nitrate, 4.1........ UN1357......... I..... 4.1....... 23, 39, A8, A19, N41 None...... 211....... None...... 1 kg......... 15 kg........ E 28, 36
weted with not
less than 20
percent water,
by mass.

* * * * * * *
Vehicle, 9.......... UN3166......... ...... 9......... 135, 157............ 220....... 220....... 220....... Forbidden.... No limit..... A
flammable gas
powered.
Vehicle, 9.......... UN3166......... ...... 9......... 135, 157............ 220....... 220....... 220....... No limit..... No limit..... A
flammable
liquid powered..

* * * * * * *
I White asbestos 9.......... UN2590......... III... 9......... 156, IB8, IP2, IP3.. 155....... 216....... 240....... 200 kg....... 200 kg....... A 34, 40
(chrysotile,
actinolite,
anthophyllite,
tremolite).
Wood 3.......... UN1306......... II.... 3......... 149, IB2, T4, TP1, 150....... 202....... 242....... 5 L.......... 60 L......... B
preservatives, TP8.
liquid.

* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 45026]]

? 11. In Appendix B to Sec. 172.101, paragraphs 4. and 5. are revised
and the List of Marine Pollutants is amended by removing 5 entries, and
adding 2 entries in appropriate alphabetical order to read as follows:

Appendix B to Sec. 172.101--List of Marine Pollutants.

* * * * *
4. If a material is not listed in this appendix and meets the
criteria for a marine pollutant as provided in Chapter 2.10 of the
IMDG Code, ``Guidelines for the Identification of Harmful Substances
in Packaged Form'' (incorporated by reference; see Sec. 171.7 of
this subchapter), the material may be transported as a marine
pollutant in accordance with the applicable requirements of this
subchapter.
5. If a material listed in this appendix does not meet the
criteria for a marine pollutant as provided in Chapter 2.10 of the
IMDG Code, ``Guidelines for the Identification of Harmful Substances
in Packaged Form'' (incorporated by reference; see Sec. 171.7 of
this subchapter), it may be excepted from the requirements of this
subchapter as a marine pollutant if that exception is approved by
the Associate Administrator.
* * * * *

List of Marine Pollutants
----------------------------------------------------------------------------------------------------------------
S, M, P (1) (2)
----------------------------------------------------------------------------------------------------------------
[Remove:]
Alkylbenzenesulphonates, branched
and straight chain
Alkylphenols, liquid, n.o.s.
(including C2-C12 homologues)
Alkylphenols, solid, n.o.s.
(including C2-C12 homologues)

* * * * * * *
Chlorophenols, liquid
Chlorophenols, solid
[Add:]

* * * * * * *

Alkybenzenesulphonates, branched
and straight chain (excluding
C11-C13 straight chain or
branched chain homologues)

* * * * * * *
Decyl acrylate

* * * * * * *
----------------------------------------------------------------------------------------------------------------

?
11a. In Sec. 172.102:
? a. In paragraph (c)(1), Special Provisions 15, 30, 52, 130, 132 and 134
are revised; Special Provisions 7, 10 and 133 are removed; and Special
Provisions 145, 146, 147, 149, 150, 151, 153, 155, 156, 157, 159, 160,
161 and 162 are added.
? b. In paragraph (c)(2), Special Provisions A54, A55 and A56 are added.
? c. In paragraph (c)(4), the text is revised; in Table 1, Special
Provision IB3 is revised; in Table 2, the Table heading is revised, 1
entry is removed, 4 entries are added, and 1 entry is revised; and in
Table 3, Special Provision IP8 is added.
? d. In paragraph (c)(5), Special Provisions N83, N84 and N85 are added.
? e. In paragraph (c)(7)(iii), Portable Tank Code T23 is amended by
removing 2 entries, adding 4 entries, and revising 2 entries.
? e. In paragraph (c)(7)(viii), Special Provision TP3 is revised.
The additions and revisions read as follows:

Sec. 172.102 Special provisions.

* * * * *
(c) * * *
(1) * * *

Code/Special Provisions

* * * * *
15 This entry applies to ``Chemical kits'' and ``First aid kits''
containing one or more compatible items of hazardous materials in
boxes, cases, etc. that are used for medical, analytical, diagnostic or
testing purposes. For transportation by aircraft, materials forbidden
for transportation by passenger aircraft or cargo aircraft may not be
included in the kits. The quantity of hazardous materials in any inner
packaging must not exceed the limited quantity inner packaging limits
specified for each hazardous material in the applicable limited
quantity sections (Sec. 173.150 through Sec. 173.155, and Sec.
173.306) in part 173 of this subchapter. Each package must conform to
the packaging requirements of subpart B of part 173 and must not exceed
30 kg (66 lbs.) gross weight. Chemical kits and first aid kits are
excepted from the specification packaging requirements of this
subchapter when packaged in combination packagings. Chemical kits and
first aid kits are also excepted from the labeling and placarding
requirements of this subchapter, except when offered for transportation
or transported by air. Chemical and first aid kits may be transported
in accordance with the consumer commodity and ORM exceptions in Sec.
173.156, provided they meet all required conditions. Kits that are
carried on board transport vehicles for first aid or operating purposes
are not subject to the requirements of this subchapter.
* * * * *
30 Sulfur is not subject to the requirements of this subchapter if
transported in a non-bulk packaging or if formed to a specific shape
(for example, prills, granules, pellets, pastilles, or flakes). A bulk
packaging containing sulfur is not subject to the placarding
requirements of subpart F of this part, if it is marked with the
appropriate identification number as required by subpart D of this
part. Molten sulfur must be marked as required by Sec. 172.325 of this
subchapter.
* * * * *
52 This entry may only be used for substances that do not exhibit
explosive properties of Class 1 (explosive) when tested in accordance
with Test Series 1 and 2 of Class 1 (explosive) in the UN Manual of
Tests and Criteria, Part I (incorporated by reference; see Sec. 171.7
of this subchapter).
* * * * *
130 For other than a dry battery specifically covered by another
entry in the Sec. 172.101 Table, ``Batteries, dry'' are not subject to
the requirements of this

[[Page 45027]]

subchapter when they are securely packaged and offered for
transportation in a manner that prevents the dangerous evolution of
heat (for example, by the effective insulation of exposed terminals)
and protects against short circuits.
* * * * *
132 This entry may only be used for uniform, ammonium nitrate-based
fertilizer mixtures, containing nitrogen, phosphate or potash, meeting
the following criteria: (1) Contains not more than 70% ammonium
nitrate; and (2) Contains not more than 0.4% total combustible, organic
material calculated as carbon or with not more than 45% ammonium
nitrate and unrestricted combustible material. Fertilizers within these
composition limits are only subject to the requirements of this
subchapter when transported by aircraft or vessel, and are not subject
to the requirements of this subchapter if shown by a trough test, as
specified in the UN Manual of Tests and Criteria, Part III, sub-section
38.2 (incorporated by reference; see Sec. 171.7 of this subchapter),
not to be liable to self-sustaining decomposition.
* * * * *
134 This entry only applies to vehicles, machinery and equipment
which are powered by wet batteries, sodium batteries, or lithium
batteries and which are transported with these batteries installed.
Examples of such items are electrically-powered cars, lawn mowers,
wheelchairs and other mobility aids. A self-propelled vehicle which
also contain an internal combustion engine must be consigned under the
entry ``Vehicle, flammable gas powered'' or ``Vehicle, flammable liquid
powered'', as appropriate.
* * * * *
145 This entry applies to formulations that neither detonate in the
cavitated state nor deflagrate in laboratory testing, show no effect
when heated under confinement, exhibit no explosive power, and are
thermally stable (self-accelerating decomposition temperature (SADT) at
60 [deg]C (140 [deg]F) or higher for a 50 kg (110.2 lbs.) package).
Formulations not meeting these criteria must be transported under the
provisions applicable to the appropriate entry in the Organic Peroxide
Table in Sec. 173.225 of this subchapter.
146 This description may be used for a material that poses a hazard
to the environment but does not meet the definition for a hazardous
waste or a hazardous substance, as defined in Sec. 171.8 of this
subchapter, or any hazard class as defined in Part 173 of this
subchapter, if it is designated as environmentally hazardous by the
Competent Authority of the country of origin, transit or destination.
147 This entry applies to non-sensitized emulsions, suspensions and
gels consisting primarily of a mixture of ammonium nitrate and a fuel
intended to produce a Type E blasting explosive only after further
processing. The mixture typically has the following composition: 60--
85% ammonium nitrate; 5--30% water; 2--8% fuel; 0.5--4% emulsifier or
thickening agent; 0--10% soluble flame suppressants; and trace
additives. Other inorganic nitrate salts may replace part of the
ammonium nitrate. These substances may not be classified and
transported unless approved by the Associate Administrator.
149 When transported as a limited quantity or a consumer commodity,
the maximum net capacity specified in Sec. 173.150(b)(2) of this
subchapter for inner packagings may be increased to 5 L (1.3 gallons).
150 This description may be used only for uniform mixtures of
fertilizers containing ammonium nitrate as the main ingredient within
the following composition limits:
a. Not less than 90% ammonium nitrate with not more than 0.2% total
combustible, organic material calculated as carbon, and with added
matter, if any, that is inorganic and inert when in contact with
ammonium nitrate; or
b. Less than 90% but more than 70% ammonium nitrate with other
inorganic materials, or more than 80% but less than 90% ammonium
nitrate mixed with calcium carbonate and/or dolomite, and not more than
0.4% total combustible, organic material calculated as carbon; or
c. Ammonium nitrate-based fertilizers containing mixtures of
ammonium nitrate and ammonium sulphate with more than 45% but less than
70% ammonium nitrate, and not more than 0.4% total combustible, organic
material calculated as carbon such that the sum of the percentage of
compositions of ammonium nitrate and ammonium sulphate exceeds 70%.
151 If this material meets the definition of a flammable liquid in
Sec. 173.120 of this subchapter, a FLAMMABLE LIQUID label is also
required and the basic description on the shipping paper must indicate
the Class 3 subsidiary hazard.
153 The following applies to aerosols:
a. Division 2.1 applies when the aerosol is flammable according to
Sec. 173.306(i) of this subchapter.
b. Division 2.2 applies when the contents of the aerosol do not
meet the criteria for Division 2.1, or Division 2.3.
c. Division 2.3 gases may not be used in an aerosol dispenser.
d. When the contents are classified as Division 6.1 or Class 8, the
aerosol must have a subsidiary risk of Division 6.1 or Class 8.
e. Aerosols with contents meeting the criteria for PG I and PG II
for Division 6.1 or Class 8 are forbidden for transportation.
f. Aerosols must meet the definition of aerosols in Sec. 171.8 of
this subchapter.
155 Fish meal or fish scrap may not be transported if the
temperature at the time of loading either exceeds 35 [deg]C (95
[deg]F), or exceeds 5 [deg]C (41 [deg]F) above the ambient temperature,
whichever is higher.
156 Asbestos that is immersed or fixed in a natural or artificial
binder material, such as cement, plastic, asphalt, resins or mineral
ore, or contained in manufactured products is not subject to the
requirements of this subchapter.
157 This entry includes hybrid electric vehicles powered by both an
internal combustion engine and wet, sodium or lithium batteries,
transported with one or more batteries installed. Vehicles containing
an internal combustion engine must be described as ``Vehicle, flammable
gas powered,'' UN3166, or ``Vehicle, flammable liquid powered,''
UN3166, as appropriate.
159 This material must be protected from direct sunshine and kept
in a cool, well-ventilated place away from sources of heat.
160 This entry applies to articles that are used as life-saving
vehicle air bag inflators, air bag modules or seat-belt pretensioners
containing Class 1 (explosive) materials or materials of other hazard
classes. Air bag inflators and modules must be tested in accordance
with Test series 6(c) of Part I of the UN Manual of Tests and Criteria
(incorporated by reference; see Sec. 171.7 of this subchapter), with
no explosion of the device, no fragmentation of device casing or
pressure vessel, and no projection hazard or thermal effect that would
significantly hinder fire-fighting or other emergency response efforts
in the immediate vicinity. If the air bag inflator unit satisfactorily
passes the series 6(c) test, it is not necessary to repeat the test on
the air bag module.
161 For domestic transport, air bag inflators, air bag modules or
seat belt pretensioners that meet the criteria for a Division 1.4G
explosive must be transported using the description, ``Articles,
pyrotechnic for technical purposes,'' UN0431.

[[Page 45028]]

162 This material may be transported under the provisions of
Division 4.1 only if it is packed so that at no time during transport
will the percentage of diluent fall below the percentage that is stated
in the shipping description.
(2) * * *

Code/Special Provisions

* * * * *
A54 Lithium batteries or lithium batteries contained or packed with
equipment that exceed the maximum gross weight allowed by Column (9B)
of the Sec. 172.101 Table may only be transported on cargo aircraft if
approved by the Associate Administrator.
A55 Prototype lithium batteries and cells that are packed with not
more than 24 cells or 12 batteries per packaging that have not
completed the test requirements in Sub-section 38.3 of the UN Manual of
Tests and Criteria (incorporated by reference; see Sec. 171.7 of this
subchapter) may be transported by cargo aircraft if approved by the
Associate Administrator and provided the following requirements are
met:
a. The cells and batteries must be transported in rigid outer
packagings that conform to the requirements of Part 178 of this
subchapter at the Packing Group I performance level; and
b. Each cell and battery must be protected against short
circuiting, must be surrounded by cushioning material that is non-
combustible and non-conductive, and must be individually packed in an
inner packaging that is placed inside an outer specification packaging.
A56 Radioactive material with a subsidiary hazard of Division 4.2,
Packing Group I, must be transported in Type B packages when offered
for transportation by aircraft. Radioactive material with a subsidiary
hazard of Division 2.1 is forbidden from transport on passenger
aircraft.
* * * * *
(4) Table 1, Table 2, and Table 3--IB Codes, Organic Peroxide IBC
Code, and IP Special IBC Packing Provisions. These provisions apply
only to transportation in IBCs. When no IBC code is assigned in the
Sec. 172.101 Table for a specific proper shipping name, an IBC may be
authorized when approved by the Associate Administrator. When only
certain types of IBCs are authorized in Table 2 (IBC Code IB52),
alternative types of IBCs may be authorized when approved by the
Associate Administrator. The letter ``Z'' shown in the marking code for
composite IBCs must be replaced with a capital code letter designation
found in Sec. 178.702(a)(2) of this subchapter to specify the material
used for the outer packaging. Tables 1, 2, and 3 follow:

Table 1.--IB Codes (IBC Codes)
------------------------------------------------------------------------
IBC code Authorized IBCs
------------------------------------------------------------------------

* * * * * * *
IB3................................................ Authorized IBCs:
Metal (31A, 31B
and 31N); Rigid
plastics (31H1 and
31H2); Composite
(31HZ1 and 31HA2,
31HB2, 31HN2,
31HD2 and 31HH2).
Additional
Requirement: Only
liquids with a
vapor pressure
less than or equal
to 110 kPa at 50
[deg]C (1.1 bar at
122 [deg]F), or
130 kPa at 55
[deg]C (1.3 bar at
131 [deg]F) are
authorized, except
for UN2672 (also
see Special
Provision IP8 in
Table 3 for
UN2672).
* * * * * * *
------------------------------------------------------------------------

Table 2.--Organic Peroxide IBC Code (IB52)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum quantity Control Emergency
UN No. Organic peroxide Type of IBC (liters) temperature temperature
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
REMOVE:
3109
Di-tert-butyl peroxide, not 31A 1250
more than 52% in diluent 31HA1 1000
type A.
ADD:

* * * * * * *
3109..................................... Dicumyl peroxide, less than 31A 1250
or equal to 100%. 31HA1 1000

* * * * * * *
3109..................................... Di-tert-butyl peroxide, not 31A 1250
more than 52% on diluent 31HA1 1000
type B.

* * * * * * *
Peroxyacetic acid, with not 31A 1500
more than 26% hydrogen 31HA1 1500
peroxide.

* * * * * * *
Peroxyacetic acid, type F, 31A 1500
stabilized. 31HA1 1500

* * * * * * *
3110..................................... REVISE:

* * * * * * *
Dicumyl peroxide, less than 31A 2000
or equal to 100%.

[[Page 45029]]

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 3.--IP Codes
------------------------------------------------------------------------

-------------------------------------------------------------------------

* * * * * * *
IP8 Ammonia solutions may be transported in rigid or composite plastic
IBCs (31H1, 31H2 and 31HZ1) that have successfully passed, without
leakage or permanent deformation, the hydrostatic test specified in
Sec. 178.814 of this subchapter at a test pressure that is not less
than 1.5 times the vapor pressure of the contents at 55 [deg]C (131
[deg]F).
------------------------------------------------------------------------

(5) * * *

Code/Special Provisions

* * * * *
N83 This material may not be transported in quantities of more than
11.5 kg (25.4 lbs) per package.
N84 The maximum quantity per package is 500 g (1.1 lbs.).
N85 Packagings certified at the Packing Group I performance level
may not be used.
* * * * *
(7) * * *
(iii) * * *

Portable Tank Code T23
[Portable tank code T23 applies to self-reactive substances of Division 4.1 and organic peroxides of Division 5.2.]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum Minimum shell
test thickness (mm- Bottom opening Pressure-relief Emergency
UN No. Hazardous material pressure reference steel) requirements See . requirements See . Filling limits Control temperature temperature
(bar) See . . . . . . .
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
REMOVE:
3119.......................... tert-Butyl 4 Sec. 178.274(d)(2) Sec. 178.275(d)(3) Sec. 178.275(g)(1) Not more than 90% +30 [deg]C.......... +35 [deg]C
peroxyacetate, not at 59 [deg]F (15
more than 32% in [deg]C).
diluent Type B.
3120.......................... Organic peroxide 4 Sec. 178.274(d)(2) Sec. 178.275(d)(3) Sec. 178.275(g)(1) Not more than 90% As approved by As approved by
Type F, solid, at 59 [deg]F (15 Assoc. Admin. Assoc. Admin
temperature [deg]C).
controlled.

* * * * * * *
ADD:

* * * * * * *
3109.......................... Dicumyl peroxide, 4 Sec. 178.274(d)(2) Sec. 178.275(d)(3) Sec. 178.275(g)(1) Not more than 90%
less than or equal at 59 [deg]F (15
to 100% in diluent [deg]C).
Type B.

* * * * * * *
3119.......................... tert-Butyl 4 Sec. 178.274(d)(2) Sec. 178.275(d)(3) Sec. 178.275(g)(1) Not more than 90% +30 [deg]C.......... +35 [deg]C
peroxyacetate, not at 59 [deg]F (15
more than 32% in [deg]C).
diluent Type B.

* * * * * * *
Peroxyacetic acid, 4 Sec. 178.274(d)(2) Sec. 178.275(d)(3) Sec. 178.275(g)(1) Not more than 90% +30 [deg]C.......... +35 [deg]C
distilled, at 59 [deg]F (15
stabilized, not [deg]C).
more than 41%.
3120.......................... Organic peroxide 4 Sec. 178.274(d)(2) Sec. 178.275(d)(3) Sec. 178.275(g)(1) Not more than 90% As approved by As approved by
Type F, solid, at 59 [deg]F (15 Assoc. Admin. Assoc. Admin
temperature [deg]C).
controlled.

* * * * * * *
REVISE:

[[Page 45030]]

* * * * * * *
3110 Dicumyl peroxide 4 Sec. 178.274(d)(2) Sec. 178.275(d)(3) Sec. 178.275(g)(1) Not more than 90%
less than r equal at 59 [deg]F (15
to 100% with inert [deg]C).
solids.
Maximum quantity per
portable tank 2,000
kg.

* * * * * * *
3119.......................... tert-Butyl 4 Sec. 178.274(d)(2) Sec. 178.275(d)(3) Sec. 178.275(g)(1) Not more than 90% +5 [deg]C........... +10 [deg]C
peroxypivalate, not at 59 [deg]F (15
more than 27% in [deg]C).
diluent Type B.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

(viii)* * *

Code/Special Provisions

* * * * *
TP3 For materials transported under elevated temperatures, the
maximum degree of filling is determined by the following:
[GRAPHIC]
[TIFF OMITTED]
TR31JY03.000

Where:

d_t is the density of the material at the maximum mean bulk
temperature during transport; and
d_f is the density of the material at the temperature in
degrees celsius of the material during filling; and
* * * * *

? 12. In Sec. 172.202, paragraphs (a)(2), (a)(5) and (b) are revised and
(a)(6) is added to read as follows:

Sec. 172.202 Description of hazardous material on shipping papers.

(a) * * *
(2) The hazard class or division number prescribed for the
material, as shown in Column (3) of the Sec. 172.101 Table. Except for
combustible liquids, the subsidiary hazard class(es) or subsidiary
division number(s) must be entered in parentheses immediately following
the primary hazard class or division number. The words ``Class'' or
``Division'' may be included preceding the primary and subsidiary
hazard class or division numbers. The hazard class need not be included
for the entry ``Combustible liquid, n.o.s.'';
* * * * *
(5) The total quantity of hazardous materials covered by the
description must be indicated (by mass or volume, or by activity for
Class 7 materials) and must include an indication of the applicable
unit of measurement. For example, ``200 kgs.'' or ``50 L.'' The
following provisions also apply:
(i) For Class 1 materials, the quantity must be the net explosive
mass.
(ii) For hazardous materials in salvage packaging, an estimate of
the total quantity is acceptable.
(iii) The following are excepted from the requirements of paragraph
(a)(5) of this section:
(A) Bulk packages, provided some indication of the total quantity
is shown, for example, ``1 cargo tank'' or ``2 IBCs.''
(B) Cylinders, provided some indication of the total quantity is
shown, for example, ``10 cylinders''.
(C) Packages containing only residue.
(6) The number and type of packages must be indicated. The type of
packages may be indicated by description and by packaging specification
number when applicable (for example, ``12 drums'', ``12 UN 1A1'', ``15
4G'', or ``2 UN 3H1 jerricans.'' Abbreviations may be used for
indicating packaging types (for example, cyl. for cylinder), provided
the abbreviations are commonly accepted and recognizable.
(b) Except as provided in this subpart, the basic description
specified in paragraphs (a)(1), (2), (3) and (4) of this section must
be shown in sequence with no additional information interspersed. For
example, ``Cyclobutyl chloroformate, 6.1, (8,3), UN2744, PG II''.
Alternatively, the basic description may be shown with the
identification (ID) number listed first. For example, ``UN2744,
Cyclobutyl chloroformate, 6.1, (8, 3), PG II.''
* * * * *

Sec. 172.203 [Amended]

? 13. In Sec. 172.203, paragraphs (i)(1), (i)(2), (i)(3) and (i)(6) are
removed and paragraphs (i)(4) and (i)(5) are redesignated (i)(1) and
(i)(2), respectively.

? 14. In Sec. 172.301, paragraph (a)(1) is revised to read as follows:

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

(a) * * *
(1) Except as otherwise provided by this subchapter, each person
who offers a hazardous material for transportation in a non-bulk
packaging must mark the package with the proper shipping name and
identification number (preceded by ``UN'' or ``NA,'' as appropriate)
for the material as shown in the Sec. 172.101 Table. Identification
numbers are not required on packagings that contain only ORM-D
materials or limited quantities, as defined in Sec. 171.8 of this
subchapter, except for limited quantities marked in accordance with the
marking requirements in Sec. 172.315.
* * * * *
15. In Sec. 172.312, a new paragraph (c)(6) is added to read as
follows:

Sec. 172.312 Liquid hazardous materials in non-bulk packagings.

* * * * *
(c) * * *
(6) Packages containing liquid infectious substances in primary
receptacles not exceeding 50 ml (1.7 oz.).

? 16. A new section Sec. 172.315 is added to read as follows:

[[Page 45031]]

Sec. 172.315 Packages containing limited quantities.

Except as otherwise provided in this subchapter, a package
containing a limited quantity of hazardous materials is not required to
be marked with the proper shipping name provided it is marked with the
identification (ID) number, preceded by the letters ``UN'' or ``NA,''
as applicable, for the entry as shown in the Sec. 172.101 Table, and
placed within a square-on-point border in accordance with the
following:
(a) The ID number marking must be durable, legible and of such a
size relative to the package as to be readily visible. The width of
line forming the square-on-point must be at least 2 mm and the height
of the ID number must be at least 6 mm. The marking must be applied on
at least one side or one end of the outer packaging.
(b) When two or more hazardous materials with different ID numbers
are contained in the package, the packaging must be marked with either
individual square-on-points bearing a single ID number, or a single
square-on-point large enough to include each applicable ID number.
? 17. A new section Sec. 172.321 is added to read as follows:

Sec. 172.321 Air eligibility mark.

(a) General. Except as otherwise specified in this subchapter, each
person who offers for transportation by aircraft a hazardous material
in a non-bulk package must mark the package as required by this section
to indicate that it meets the applicable requirements for air
transport. The marking is a certification that the person offering the
package for transportation has determined that it meets the air
transport requirements of this subchapter; such as, the package is
authorized and properly marked and labeled, its contents are properly
classed and within quantity limits for air transport, and it conforms
to all relevant packaging provisions such as those pertaining to
closures, compatibility, pressure differential, and use of absorbent
materials.
(b) Location and design. The marking must--
(1) Be placed adjacent to the markings prescribed in Sec.
172.301(a);
(2) Be durable, legible and of a size relative to the package so as
to be readily visible;
(3) Include an aircraft within a circle and may include the words
``Air Eligible'' in conjunction with the mark, such as:
[GRAPHIC]
[TIFF OMITTED]
TR31JY03.001

(c) Exceptions from the air eligibility mark. The air eligibility
mark is not required for--
(1) Packages that are transported in accordance with the small
quantity exceptions in Sec. 173.4 of this subchapter;
(2) Packages that contain solid carbon dioxide (dry ice) and no
other materials subject to the requirements of this subchapter;
(3) Except when overpacked, hazardous materials contained in
articles that are not required to be packaged according to the
requirements of this subchapter.
(4) Cylinders, except for those which are required to be overpacked
or placed in an outer packaging, in which case the overpack or outer
packaging must be marked with the air eligibility marking; and
(5) Packages or articles which are excepted from the marking
requirements of this subchapter (for example, non-spillable batteries,
vehicles); and
(d) Prohibited display. The air eligibility marking may not appear
on a package containing a hazardous material which does not meet the
requirements of this subchapter for air transport.

? 18. In Sec. 172.411, the section heading and paragraphs (b) and (d)
are revised, and new paragraphs (e) and (f) are added to read as
follows:

Sec. 172.411 EXPLOSIVE 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 labels, and
EXPLOSIVE Subsidiary label.

* * * * *
(b) In addition to complying with Sec. 172.407, the background
color on the EXPLOSIVE 1.1, EXPLOSIVE 1.2 and EXPLOSIVE 1.3 labels must
be orange. The ``**'' must be replaced with the appropriate division
number and compatibility group letter. The compatibility group letter
must be the same size as the division number and must be shown as a
capitalized Roman letter.
* * * * *
(d) In addition to complying with Sec. 172.407, the background
color on the EXPLOSIVE 1.4, EXPLOSIVE 1.5 and EXPLOSIVE 1.6 label must
be orange. The ``*'' must be replaced with the appropriate
compatibility group. The compatibility group letter must be shown as a
capitalized Roman letter. Division numbers must measure at least 30 mm
(1.2 inches) in height and at least 5 mm (0.2 inches) in width.
(e) An EXPLOSIVE subsidiary label is required for materials
identified in Column (6) of the HMT as having an explosive subsidiary
hazard. The division number or compability group letter may be
displayed on the subsidiary hazard label. Except for size and color,
the EXPLOSIVE subsidiary label must be as follows:
[GRAPHIC]
[TIFF OMITTED]
TR31JY03.002

(f) The EXPLOSIVE subsidiary label must comply with Sec. 172.407.

? 19. In Sec. 172.504, paragraph (g) introductory text is revised to
read as follows:

Sec. 172.504 General placarding requirements.

* * * * *
(g) For shipments of Class 1 (explosive materials) by aircraft or
vessel, the applicable compatibility group letter must be displayed on
the placards, or labels when applicable, required by this section. When
more than one compatibility group placard is required for Class 1
materials, only one placard is required to be displayed, as provided in
paragraphs (g)(1) through (g)(4) of this section. For the purposes of
paragraphs (g)(1) through (g)(4), there is a distinction between the
phrases explosive articles and explosive substances. Explosive article
means an article containing an explosive substance; examples include a
detonator, flare, primer or fuse. Explosive substance means a substance
contained in a packaging that is not contained in an article; examples
include black powder and smokeless powder.
* * * * *

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

? 20. The authority citation for part 173 continues to read as follows:

Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.53.

[[Page 45032]]

? 21. In Sec. 173.2a, in the paragraph (b) Precedence of Hazard Table,
the title of the table and the first three entries in Precedence of
Hazard Table are revised to read as follows:

Sec. 173.2a Classification of a material having more than one hazard.

* * * * *
(b) * * *

Precedence of Hazard Table
[Hazard class or division and packing group]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
5.1 5.1 5.1 6.1, I 6.1, I 8, I 8, I 8, II 8.1 II 8, III 8, III,
4.2 4.3 I\1\ II\1\ III\1\ dermal oral 6.1 II 6.1 III liquid solid liquid solid liquid solid
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
3 I\2\.................................... ........ 4.3 ........ ........ ........ 3 3 3 3 3 (\3\) 3 (\3\) 3 (\3\)
3 II\2\................................... ........ 4.3 ........ ........ ........ 3 3 3 3 8 (\3\) 3 (\3\) 3 (\3\)
3 III\2\.................................. ........ 4.3 ........ ........ ........ 6.1 6.1 6.1 3\4\ 8 (\3\) 8 (\3\) 3 (\3\)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
\2\ Materials of Division 4.1 other than self-reactive substances and solid desensitized explosives, and materials of Class 3 other than liquid desensitized explosives.
\3\ Denotes an impossible combination.
\4\ For pesticides only, where a material has the hazards of Class 3, Packing Group III, and Division 6.1, Packing Group III, the primary hazard is Division 6.1, Packing Group III.
* * * * * * *

? 22. In Sec. 173.21, paragraph (f)(3)(ii) is revised to read as
follows:

Sec. 173.21 Forbidden materials and packages.

* * * * *
(f) * * *
(3) * * *
(ii) For transportation by vessel, shipments are authorized in
accordance with the control temperature requirements in Chapter 7.7 of
the IMDG Code (incorporated by reference; see Sec. 171.7 of this
subchapter).
* * * * *

? 23. In Sec. 173.22, paragraph (a)(4) is revised to read as follows:

Sec. 173.22 Shipper's responsibility.

(a) * * *
(4) For a DOT Specification or UN standard packaging subject to the
requirements of part 178 of this subchapter, a person must perform all
functions necessary to bring the package into compliance with parts 173
and 178 of this subchapter, as identified by the packaging manufacturer
or subsequent distributor (for example, applying closures consistent
with the manufacturer's closure instructions) in accordance with Sec.
178.2 of this subchapter.
* * * * *

? 24. In Sec. 173.24, paragraphs (b) and (f) are revised to read as
follows:

Sec. 173.24 General requirements for packagings and packages.

* * * * *
(b) Each package used for the shipment of hazardous materials under
this subchapter shall be designed, constructed, maintained, filled, its
contents so limited, and closed, so that under conditions normally
incident to transportation--
(1) Except as otherwise provided in this subchapter, there will be
no identifiable (without the use of instruments) release of hazardous
materials to the environment;
(2) The effectiveness of the package will not be substantially
reduced; for example, impact resistance, strength, packaging
compatibility, etc. must be maintained for the minimum and maximum
temperatures, changes in humidity and pressure, and shocks, loadings
and vibrations, normally encountered during transportation;
(3) There will be no mixture of gases or vapors in the package
which could, through any credible spontaneous increase of heat or
pressure, significantly reduce the effectiveness of the packaging;
(4) There will be no hazardous material residue adhering to the
outside of the package during transport.
* * * * *
(f) Closures. (1) Closures on packagings shall be so designed and
closed that under conditions (including the effects of temperature,
pressure and vibration) normally incident to transportation--
(i) Except as provided in paragraph (g) of this section, there is
no identifiable release of hazardous materials to the environment from
the opening to which the closure is applied; and
(ii) The closure is leakproof and secured against loosening. For
air transport, stoppers, corks or other such friction closures must be
held in place by positive means.
(2) Except as otherwise provided in this subchapter, a closure
(including gaskets or other closure components, if any) used on a
specification packaging must conform to all applicable requirements of
the specification and must be closed in accordance with information, as
applicable, provided by the manufacturer's notification required by
Sec. 178.2 of this subchapter.
* * * * *

? 25. In 173.25, paragraph (a)(2) is revised to read as follows:

Sec. 173.25 Authorized packagings and overpacks.

(a) * * *
(2) The overpack is marked with the proper shipping name and
identification number, the air eligibility marking, when applicable,
and is labeled as required by this subchapter for each hazardous
material contained therein, unless markings and labels representative
of each hazardous material in the overpack are visible.
* * * * *

? 26. In Sec. 173.27, paragraph (e) is revised, and a new paragraph (i)
is added to read as follows:

Sec. 173.27 General requirements for transportation by aircraft.

* * * * *
(e) Absorbent materials. Except as otherwise provided in this
subchapter, liquid hazardous materials of Class 3, 4, or 8, or Division
5.1, 5.2 or 6.1 that are packaged and offered for transport in glass,
earthenware, plastic or metal inner packagings must be packaged using
absorbent material as follows:
(1) Packing Group I liquids on passenger aircraft must be packaged
using materials capable of absorbing the entire contents of the inner
packagings.
(2) Packing Group I liquids on cargo aircraft, and Packing Group II
liquids including Division 5.2 liquids on passenger and cargo aircraft,
must be packaged using a sufficient quantity of absorbent material to
absorb the entire contents of any one of the inner packagings
containing such liquids. When the inner packagings are of different
sizes and quantities, sufficient absorbent material must be used to
absorb the entire contents of the inner packaging with the greatest
volume of liquid.
(3) When absorbent materials are required and the outer packaging
is not liquid tight, a means of containing the liquid in the event of a
leakage must be provided in the form of a leakproof liner, plastic bag
or other equally efficient means of containment.

[[Page 45033]]

(4) Absorbent material must not react dangerously with the liquid
(see Sec. Sec. 173.24 and 173.24a.).
(5) Absorbent material is not required if the inner packagings are
so protected that they are unlikely to break and leak their contents
from the outer packaging under normal conditions of transportation.
* * * * *
(i) Air eligibility marking. Each person who offers for
transportation a hazardous material by aircraft must mark the packages
containing the hazardous materials with an air eligibility mark as
specified in Sec. 172.321 of this subchapter.

? 27. In Sec. 173.62, the following changes are made:
? a. In paragraph (b), in the Explosives Table, a new entry is added in
appropriate numerical order; and
? b. In paragraph (c), in the Table of Packing Methods, in the first
column, for the packing instruction entry 112(b), in the last sentence,
the wording ``3. For UN 0222 and UN 0223'' is removed and ``3. For UN
0222'' is added in its place.

The new entry to be added to the paragraph (b) Explosives Table reads
as follows:

Sec. 173.62 Specific packaging requirements for explosives.

* * * * *
(b) * * *

Explosives Table
------------------------------------------------------------------------
ID No. PI
------------------------------------------------------------------------

* * * * *
UN0503 135

* * * * *
------------------------------------------------------------------------

* * * * *

? 28. In Sec. 173.115, paragraphs (d) and (e) are revised to read as
follows:

Sec. 173.115 Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

* * * * *
(d) Non-liquefied compressed gas. A gas, which when packaged under
pressure for transportation is entirely gaseous at -50 [deg]C (-58
[deg]F) with a critical temperature less than or equal to -50 [deg]C (-
58 [deg]F), is considered to be a non-liquefied compressed gas.
(e) Liquefied compressed gas. A gas, which when packaged under
pressure for transportation is partially liquid at temperatures above -
50 [deg]C (-58 [deg]F), is considered to be a liquefied compressed gas.
A liquefied compressed gas is further categorized as follows:
(1) High pressure liquefied gas which is a gas with a critical
temperature between -50 [deg]C (-58 [deg]F) and + 65 [deg]C (149
[deg]F), and
(2) Low pressure liquefied gas which is a gas with a critical
temperature above + 65 [deg]C (149 [deg]F).
* * * * *

? 29. In Sec. 173.152, paragraphs (b)(2) and (b)(4)(ii) are revised to
read as follows:

Sec. 173.152 Exceptions for Division 5.1 (oxidizers) and Division 5.2
(organic peroxides).

* * * * *
(b) * * *
(2) For oxidizers in Packing Group III, inner packagings not over 5
L (1.3 gallons) net capacity each for liquids or not over 5.0 kg (11
lbs) net capacity each for solids, and packed in strong outer
packagings.
* * * * *
(4) * * *
(ii) The flammable liquid component must be packed in inner
packagings not over 5 L (1.3 gallons) net capacity each for Packing
Group II or III liquid; and
* * * * *

? 30. In Sec. 173.153, in paragraph (b) introductory text, a new first
sentence is added, and paragraph (b)(1) is revised to read as follows:

Sec. 173.153 Exceptions for Division 6.1 (poisonous materials).

* * * * *
(b) Limited quantities of Division 6.1 materials. The exceptions in
this paragraph do not apply to poison-by-inhalation materials. * * *
(1) For poisonous liquids in Packing Group III, inner packagings
not over 5 L (1.3 gallons) net capacity each, packed in strong outer
packagings; and
* * * * *

? 31. In Sec. 173.154, paragraph (b)(2) is revised to read as follows:

Sec. 173.154 Exceptions for Class 8 (corrosive materials).

* * * * *
(b) * * *
(2) For corrosive materials in Packing Group III, in inner
packagings not over 5.0 L (1.3 gallons) net capacity each for liquids,
or not over 5.0 kg (11 lbs) net capacity each for solids, and packed in
strong outer packagings.
* * * * *

? 32. In Sec. 173.159, in paragraph (a), a second sentence is added, and
a new paragraph (d)(4) is added to read as follows:

Sec. 173.159 Batteries, wet.

(a) * * * For transportation by aircraft, the packaging for wet
cell batteries must incorporate an acid-or alkali-proof liner, or
include a supplementary packaging with sufficient strength and
adequately sealed to prevent leakage of electrolyte fluid in the event
of spillage.
* * * * *
(d) * * *
(4) At a temperature of 55 [deg]C (131 [deg]F), the battery must
not contain any unabsorbed free-flowing liquid, and must be designed so
that electrolyte will not flow from a ruptured or cracked case.
* * * * *

? 33. Section 173.161 is revised to read as follows:

Sec. 173.161 Chemical kits and first aid kits.

(a) Chemical kits and First aid kits must conform to the following
requirements:
(1) The kits may only contain hazardous materials for which
packaging exceptions are provided in column 8(A) the Sec. 172.101
Table of this subchapter.
(2) The kits must be packed in a strong outer packaging conforming
to the packaging requirements of subpart B of this subchapter.
(3) The kits must include sufficient absorbent material to
completely absorb the contents of any liquid hazardous materials
contained in the kits. The contents must be separated, placed, or
packed, and closed with cushioning material to protect them from
damage.
(4) The contents of the kits must be packed so there will be no
possibility of the mixture of contents causing dangerous evolution of
heat or gas.
(5) The packing group assigned to the kits as a whole must be the
most stringent packing group assigned to any individual substance
contained in the kits.
(6) Inner receptacles containing hazardous materials within the
kits must not contain more than 250 ml for liquids or 250 g for solids
per receptacle.
(7) The total quantity of hazardous materials in any one outer
package must not exceed either 10 L or 10 kg.
(b) Chemical kits and First aid kits are excepted from the
specification packaging requirements of this subchapter. Chemical kits
and First aid kits are also excepted from the labeling requirements of
this subchapter except when offered for transportation or transported
by air. In addition, Chemical kits and First aid kits are not subject
to subpart F of part 172 of this subchapter (Placarding), part 174
(Carriage by rail) of this subchapter except Sec. 174.24 (Shipping
papers), and part 177 (Carriage by highway) of this subchapter except
Sec. 177.817 (Shipping

[[Page 45034]]

papers). Kits that meet the definition for a consumer commodity in
Sec. 171.8 of this subchapter may be transported in accordance with
the exceptions for ORM materials in Sec. 173.156.

? 34. In Sec. 173.166, paragraphs (b), (c), (d)(2), (e) introductory
text and (f) are revised; paragraph (d)(3) is redesignated as paragraph
(d)(4) and revised; and new paragraphs (d)(3), (d)(5), and (e)(5) are
added to read as follows:

Sec. 173.166 Air bag inflators, air bag modules and seat-belt
pretensioners.

* * * * *
(b) Classification. An air bag inflator, air bag module, or seat-
belt pretensioner may be classed as Class 9 (UN3268) if:
(1) The manufacturer has submitted each design type air bag
inflator, air bag module, or seat-belt pretensioner to a person
approved by the Associate Administrator, in accordance with Sec.
173.56(b), for examination and testing. The submission must contain a
detailed description of the inflator or pretensioner or, if more than a
single inflator or pretensioner is involved, the maximum parameters of
each particular inflator or pretensioner design type for which approval
is sought and details on the complete package. The manufacturer must
submit an application, including the test results and report
recommending the shipping description and classification for each
device or design type to the Associate Administrator, and must receive
written notification from the Associate Administrator that the device
has been approved for transportation and assigned an EX number; or,
(2) The manufacturer has submitted an application, including a
classification issued by the competent authority of a foreign
government to the Associate Administrator, and received written
notification from the Associate Administrator that the device has been
approved for transportation and assigned an EX number.
(c) EX numbers. When offered for transportation, the shipping paper
must contain the EX number or product code for each approved inflator,
module or pretensioner in association with the basic description
required by Sec. 172.202(a) of this subchapter. Product codes must be
traceable to the specific EX number assigned to the inflator, module or
pretensioner by the Associate Administrator. The EX number or product
code is not required to be marked on the outside package.
(d) * * *
(2) An air bag module containing an inflator that has been
previously approved for transportation is not required to be submitted
for further examination or approval.
(3) An air bag module containing an inflator that has previously
been approved as a Division 2.2 material is not required to be
submitted for further examination to be reclassed as a Class 9
material.
(4) Shipments for recycling. When offered for domestic
transportation by highway, rail freight, cargo vessel or cargo
aircraft, a serviceable air bag module or seat-belt pretensioner
removed from a motor vehicle that was manufactured as required for use
in the United States may be offered for transportation and transported
without compliance with the shipping paper requirement prescribed in
paragraph (c) of this section. However, the word ``Recycled'' must be
entered on the shipping paper immediately after the basic description
prescribed in Sec. 172.202 of this subchapter. No more than one device
is authorized in the packaging prescribed in paragraph (e)(1), (2) or
(3) of this section. The device must be cushioned and secured within
the package to prevent movement during transportation.
(5) Until October 1, 2005, approved ``Air bag inflators, compressed
gas, or Air bag modules, compressed gas or Seat-belt pretensioners,
compressed gas,'' UN3353, packaged in a non-specification packaging
before October 1, 2003, may be transported or offered for domestic
transportation when described, marked, and labeled as a Division 2.2
material in accordance with the HMR in effect on September 30, 2003.
(e) Packagings. Rigid, outer packagings, meeting the general
packaging requirements of part 173, and the packaging specification and
performance requirements of part 178 of this subchapter at the Packing
Group III performance level are authorized. The packagings must be
designed and constructed to prevent movement of the articles and
inadvertent operation.
* * * * *
(5) Packagings specified in the approval document issued by the
Associate Administrator in accordance with paragraph (e) of this
section are also authorized.
(f) Labeling. Notwithstanding the provisions of Sec. 172.402 of
this subchapter, each package or handling device must display a CLASS 9
label. Additional labeling is not required when the package contains no
hazardous materials other than the devices.

? 35. In Sec. 173.185, paragraph (e)(4) is revised, paragraph (e)(5) is
removed and reserved, paragraph (e)(7) is revised, and a new paragraph
(k) is added to read as follows:

Sec. 173.185 Lithium batteries and cells.

* * * * *
(e) * * *
(4) Authorized outer packagings: rigid outer packagings that
conform to the general packaging requirements of part 173 and the
packaging specification and performance requirements of part 178 of
this subchapter at the Packing Group II performance level. Cells and
batteries must be packed in such a manner as to effectively prevent
short circuits through the use of inner packagings, dividers, or other
suitable means.
(5) [Reserved]
* * * * *
(7) Except as provided in paragraph (h) of this section, cells and
batteries with a liquid cathode containing sulfur dioxide, sulfuryl
chloride or thionyl chloride may not be offered for transportation or
transported if any cell has been discharged to the extent that the open
circuit voltage is less than two volts, or is less than two-thirds of
the voltage of the fully charged cell, whichever is less.
* * * * *
(k) Batteries employing a strong, impact-resistant outer casing and
exceeding a gross mass of 12 kg (26.5 lbs.), and assemblies of such
batteries, may be packed in strong outer packagings, in protective
enclosures (for example, in fully enclosed wooden slatted crates) or on
pallets. Batteries must be secured to prevent inadvertent movement, and
the terminals may not support the weight of other superimposed
elements. Batteries packaged in this manner may only be transported by
cargo aircraft and must be approved by the Associate Administrator.

Sec. 173.216 [Amended]

? 36. In Sec. 173.216, paragraph (b) is removed and reserved.

? 37. In Sec. 173.218, paragraph (a) introductory text is revised and
paragraph (b) is removed and reserved to read as follows:

Sec. 173.218 Fish meal or fish scrap.

(a) Except as provided in Column (7) of the HMT in Sec. 172.101 of
this subchapter, fish meal or fish scrap, containing at least 6%, but
not more than 12% water, is authorized for transportation by vessel
only when packaged as follows:
* * * * *
(b) [Reserved]
* * * * *

[[Page 45035]]

? 38. In Sec. 173.220, paragraph (a)(2) is revised; in paragraph (c),
the first sentence is revised; paragraph (e) is redesignated as
paragraph (f); and a new paragraph (e) is added 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) * * *
(2) It is equipped with a wet electric storage battery other than a
non-spillable battery, or with a sodium or lithium battery; or
* * * * *
(c) Battery powered or installed. Batteries must be securely
installed, and wet batteries fastened in an upright position. * * *
* * * * *
(e) Additional requirements for internal combustion engines and
vehicles with certain electronic equipment when transported by aircraft
or vessel. When an internal combustion engine that is not installed in
a vehicle or equipment is offered for transportation by aircraft or
vessel, all fuel, coolant or hydraulic systems remaining in the engine
must be drained as far as practicable, and all disconnected fluid pipes
that previously contained fluid must be sealed with leak-proof caps
that are positively retained. When offered for transportation by
aircraft, vehicles equipped with theft-protection devices, installed
radio communications equipment or navigational systems must have such
devices, equipment or systems disabled.
* * * * *

? 39. A new Sec. 173.223 is added to read as follows:

Sec. 173.223 Musk xylene.

(a) Packagings for ``Musk xylene'' or ``5-tert-Butyl-2,4,6-
trinitro-m-xylene,'' when offered for transportation or transported by
rail, highway, or vessel, must conform to the general packaging
requirements of subpart B of part 173, and to the requirements of part
178 of this subchapter at the Packing Group III performance level and
may only be transported in the following packagings:
(1) Fiberboard box (4G) with a single inner plastic bag, and a
maximum net mass of not more than 50 kg (110 lbs).
(2) Fiberboard box (4G) or fiber drum (1G), with a plastic inner
packaging not exceeding 5 kg (11 lbs), and a maximum net mass of not
more than 25 kg (55 lbs).
(3) Fiber drum (1G), and a maximum net mass of not more than 50 kg
(110 lbs), that may be fitted with a coating or lining.
(b) [Reserved]

? 40. In Sec. 173.224, in paragraph (b)(4), the fourth sentence is
revised; in the table following paragraph (b)(7), 5 entries are
removed, 9 entries are added, and 1 entry is revised in appropriate
alphabetical order; and in the ``NOTES'' immediately following the
Table, a new Note ``4'' is added in appropriate numerical order to read
as follows:

Sec. 173.224 Packaging and control and emergency temperatures for
self-reactive materials.

* * * * *
(b) * * *
(4) * * * Bulk packagings are authorized as specified in Sec.
173.225(e) for Type F self-reactive substances. * * *
* * * * *
(7) * * *

Self-Reactive Materials Table
----------------------------------------------------------------------------------------------------------------
Control
Self-reactive substance Identification Concentration Packing temperature- Emergency Notes
No. (%) method ([deg]C) temperature
(1) (2) (3) (4) (5) (6) (7)
---------------------------------

* * * * * * *
[REMOVE:]
Benzene-1,3-disulphohydrazide, 3226 52 OP7
as a paste.....................
Benzene sulphohydrazide......... 3226 100 OP7
2-Diazo-1-Naphthol-4- 3222 100 OP5
sulphochloride.................
2-Diazo-1-Naphthol-5- 3222 100 OP5
sulphochloride.................
Diphenyloxide-4,4'- 3226 100 OP7
disulphohydrazide..............
[ADD:]

* * * * * * *
Benzene-1,3- 3226 52 OP7
disulphonylhydrazide, as a
paste..........................
Benzene sulphohydrazide......... 3226 100 OP7

* * * * * * *
2-Diazo-1-Naphthol sulphonic 3226 <100 OP7 ............ ........... 4
acid ester mixture.............
2-Diazo-1-Naphthol-4-sulphonyl 3222 100 OP5
chloride.......................
2-Diazo-1-Naphthol-5-sulphonyl 3222 100 OP5
chloride.......................
2,5-Dibutoxy-4-(4-morpholinyl)- 3228 100 OP8
Benzenediazonium,
tetrachlorozincate (2:1).......

* * * * * * *
2,5-Diethoxy-4-(4-morpholinyl)- 3226 100 OP7
benzenediazonium sulphate......

* * * * * * *
4-(Dimethylamino)- 3228 100 OP8
benzenediazonium
trichlorozincate (-1)..........

* * * * * * *
Diphenyloxide-4,4'- 3226 100 OP7
disulphonylhydrazide...........

* * * * * * *
[REVISE:]
2,2'-Azodi(isobutyronitrile) as 3224 <=50 OP6
a water based paste............
----------------------------------------------------------------------------------------------------------------

[[Page 45036]]

* * * * *

Notes:

* * * * *
4. This entry applies to mixtures of esters of 2-diazo-1-
naphthol-4-sulphonic acid and 2-diazo-1-naphthol-5-sulphonic acid.

? 41. In Sec. 173.225, paragraph (b)(6) is revised; in the Organic
Peroxide Table, 1 entry is removed, 9 entries are added, and 21 entries
are revised in appropriate alphabetical order; in the ``Notes''
immediately following the Table, Note ``9'' is revised, and two new
notes, ``27'' and ``28'' are added in appropriate numerical order; in
paragraph (e)(3)(xii), the last sentence is revised; and paragraph
(e)(5) is revised to read as follows:

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

* * * * *
(b) * * *
(6) Packing method. Column 6 specifies the highest packing method
(largest packaging capacity) authorized for the organic peroxide. Lower
numbered packing methods (smaller packaging capacities) are also
authorized. For example, if OP3 is specified, then OP2 and OP1 are also
authorized. The designation ``IBC'' means Special Provision IB52 in
Sec. 172.102 of this subchapter applies. The designation ``Bulk''
means paragraph (e) of this section applies. When an IBC or bulk
packaging is authorized and meets the requirements of paragraph (e) of
this section, lower control temperatures than those specified for non-
bulk packagings may be required. The Table of Packing Methods in
paragraph (d) of this section defines the non-bulk packing methods.
* * * * *
(8) * * *

Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diluent (mass %) Temperature ([deg]C)
Technical name ID No. Concentration --------------------- Water Packing method ------------------------ Notes
(mass %) A B I (mass %) Control Emergency
(1) (2)........ (3) (4a) (4b) (4c) (5) (6).............. (7a) (7b) (8)
-------------------------------

* * * * * * *
[REMOVE:]
Peracetic acid with not more ........... ............. ..... ..... ..... ......... ................. ......... ........... .................
than 20% hydrogen peroxide.

* * * * * * *
[ADD:]

* * * * * * *
tert-Butyl peroxyneodecanoate UN3119..... £42 ..... ..... ..... ......... OP8, IBC......... -5 +5 .................
[as a stable dispersion in
water].

* * * * * * *
Di-tert-butyl peroxide........ UN3109..... £32 ..... ..... ......... Bulk............. ......... ........... 14
£68

* * * * * * *
Diisopropyl peroxydicarbonate. UN3115..... £28 ..... ..... ......... OP7.............. -15 -5 .................
£72

* * * * * * *
Di-n-Propyl peroxydicarbonate. UN3113..... £100 ..... ..... ..... ......... OP3.............. -25 -15 .................

* * * * * * *
Di-(3,5,5-trimethylhexanoyl) UN3119..... £38 ..... ..... ......... Bulk............. -5 +5 14
peroxide. £62

* * * * * * *
Peroxyacetic acid with not Exempt..... £6 ..... ..... ..... Exempt........... ......... ........... 28
more than 20% hydrogen £60
peroxide.
Peroxyacetic acid with not UN3109..... £17 ..... ..... ..... ......... OP8, IBC......... ......... ........... 13, 20, 28
more than 26% hydrogen
peroxide.
Peroxyacetic acid with 7% UN3107..... £36 ..... ..... ..... OP8.............. ......... ........... 13, 20, 28
hydrogen peroxide. £15

* * * * * * *
Peroxyacetic acid, distilled, UN3119..... £41 ..... ..... ..... ......... Bulk............. +30 +35 14, 27, 28
Type F, stabilized.

* * * * * * *
[REVISE:]

* * * * * * *
tert-Butyl hydroperoxide...... UN3109..... £72 ..... ..... ..... OP8, IBC, Bulk... ......... ........... 13, 14
£28

* * * * * * *
tert-Butyl peroxyacetate...... UN3109..... £32 ..... ..... ......... OP8, IBC......... ......... ........... .................
£68

* * * * * * *
tert-Butyl peroxyacetate...... UN3109..... £32 ..... ..... ......... OP8.............. ......... ........... .................
£68

* * * * * * *
tert-Butyl peroxyneodecanoate UN3117..... £52 ..... ..... ..... ......... OP8, IBC......... 0 +10 .................
[as a stable dispersion in
water].

* * * * * * *
tert-Butyl peroxyneodecanoate. UN3119..... £32 ..... ..... ......... OP8, IBC......... 0 +10 .................
£68

* * * * * * *
tert-Butyl peroxy-3,5,5- UN3109..... £32 ..... ..... ......... OP8, IBC......... ......... ........... .................
trimethylhexanoate. £68

[[Page 45037]]

* * * * * * *
Cumyl hydroperoxide........... UN3109..... £90 ..... ..... ......... OP8, IBC, Bulk... ......... ........... 13, 14, 15
£10

* * * * * * *
Dibenzoyl peroxide [as a UN3109..... £42 ..... ..... ..... ......... OP8, IBC......... ......... ........... .................
stable dispersion in water].

* * * * * * *
Di-(4-tert-butylcyclothexyl) UN3119..... £42 ..... ..... ..... ......... OP8, IBC......... +30 +35 .................
peroxydicarbonate [as stable
dispersion in water].

* * * * * * *
Di-tert-butyl peroxide........ UN3109..... £52 ..... ..... ......... OP8, IBC, Bulk... ......... ........... 14, 24
£48

* * * * * * *
1,1-Di-(tert-butylperoxy) UN3109..... £42 ..... ..... ......... OP8, IBC......... ......... ........... .................
cyclohexane. £58

* * * * * * *
Dicetyl peroxydicaronate [as a UN3119..... £42 ..... ..... ..... ......... OP8, IBC......... +30 +35 .................
stable dispersion in water].

* * * * * * *
Dicumyl peroxide.............. UN3109..... £52 ..... £48 ..... ......... OP8, IBC, Bulk... ......... ........... 9, 11, 14
-100
Dicumyl peroxide.............. UN3110..... £52 ..... £48 ..... ......... OP8, IBC, Bulk... ......... ........... 9, 11, 14
-100

* * * * * * *
Dilauroyl peroxide [as a UN3109..... £42 ..... ..... ..... ......... OP8, IBC......... ......... ........... .................
stable dispersion in water].

* * * * * * *
Di-(3,5,5- UN3119..... £52 ..... ..... ..... ......... OP8, IBC......... +10 +15 .................
trimethylhexanoyl)peroxide
[as a stable dispersion in
water].

* * * * * * *
Isopropylcumyl hydroperoxide.. UN3109..... £72 ..... ..... ......... OP8, IBC, Bulk... ......... ........... 13, 14
£28

* * * * * * *
p-Menthyl hydroperoxide....... UN3109..... £72 ..... ..... ......... OP8, IBC, Bulk... ......... ........... 14
£28

* * * * * * *
Peroxyacetic acid, type F, UN3109..... £43 ..... ..... ..... ......... OP8, IBC......... ......... ........... 13, 20, 28
stabilized.

* * * * * * *
Pinanyl hydroperoxide......... UN3109..... £56 ..... ..... ......... OP8, Bulk........ ......... ........... 14
£44

* * * * * * *
1,1,3,3-Tetramethylbutyl UN3119..... £52 ..... ..... ..... ......... OP8, IBC......... -5 +5 .................
peroxyneodecanoate [as a
stable dispersion in water].

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Notes:

* * * * *

9. For domestic shipments, this material may be packaged in bulk
packagings under the provisions of paragraph (e)(3)(xii) of this
section.
* * * * *
27. Formulations derived from distillation of peroxyacetic acid
originating from peroxyacetic acid in a concentration of not more
than 41% with water, total active oxygen less than or equal to 9.5%
(peroxyacetic acid plus hydrogen peroxide).
28. For the purposes of this section, the names ``Peroxyacetic
acid'' and ``Peracetic acid'' are synonymous.

* * * * *
(e) * * *
(3) * * *
(xii) * * * These portable tanks are not subject to any other
requirements of paragraph (e) of this section.
* * * * *
(5) IBCs. IBCs are authorized subject to the conditions and
limitations of this section if the IBC type is authorized according to
Special Provision IB52 (see Sec. 172.102(c)(4) of this subchapter), as
applicable, and the IBC conforms to the requirements in subpart O of
part 178 of this subchapter at the Packing Group II performance level.
The additional requirements in paragraphs (e)(5)(i) and (e)(5)(ii) of
this section also apply. Type F organic peroxides or self-reactive
substances that are not authorized for a specific IBC may be
transported in IBCs other than those specified in IB52 if approved by
the Associate Administrator.
* * * * *

? 42. In Sec. 173.244, paragraph (c) is revised to read as follows:

[[Page 45038]]

Sec. 173.244 Bulk packaging for certain pyrophoric liquids (Division
4.2), dangerous when wet (Division 4.3) materials, and poisonous
liquids with inhalation hazards (Division 6.1).

* * * * *
(c) Portable tanks: DOT 51 portable tanks and UN portable tanks
that meet the requirements of this subchapter, when a T code is
specified in Column (7) of the Sec. 172.101 Table of this subchapter
for the specific hazardous material, are authorized.

? 43. In Sec. 173.306, the paragraph (f) heading is revised and a new
paragraph (j) is added to read as follows:

Sec. 173.306 Limited quantities of compressed gases.

* * * * *
(f) Accumulators (Articles, pressurized pneumatic or hydraulic
containing non-flammable gas). * * *
* * * * *
(j) For certain compressed gases not subject to the requirements of
this subchapter, see Sec. 173.307(a)(5).

? 44. In Sec. 173.307, a new paragraph (a)(5) is added to read as
follows:

Sec. 173.307 Exceptions for compressed gases.

(a) * * *
(5) Aerosols with a capacity of less than 50 ml. Aerosols, as
defined in Sec. 171.8 of this subchapter, with a capacity not
exceeding 50 ml and with a pressure not exceeding 970 kPa (141 psig) at
55 [deg]C (131 [deg]F), containing no hazardous materials other than a
Division 2.2 gas, are not subject to the requirements of this
subchapter.
* * * * *

? 45. In Sec. 173.418, a new paragraph (e) is added to read as follows:

Sec. 173.418 Authorized packages-pyrophoric Class 7 (radioactive)
materials.

* * * * *
(e) Pyrophoric Class 7 (radioactive) materials transported by
aircraft must be packaged in Type B packages, as authorized in Column
(8) of the Sec. 172.101 Table of this subchapter.

? 46. In Sec. 173.422, paragraphs (a)(2), (a)(3), and (a()4) are revised
to read as follows:

Sec. 173.422 Additional requirements for excepted packages containing
Class 7 (radioactive materials).

(a) * * *
(2) ``This package conforms to the conditions and limitations
specified in 49 CFR 173.424 for radioactive material, excepted package-
instruments or articles, UN 2911'';
(3) ``This package conforms to the conditions and limitations
specified in 49 CFR 173.426 for radioactive material, excepted package-
articles manufactured from natural uranium or depleted uranium or
natural thorium, UN 2909''; or
(4) ``This package conforms to the conditions and limitations
specified in 49 CFR 173.428 for radioactive material, excepted package-
empty packaging, UN 2908.''
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

? 47. The authority citation for part 175 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

? 48. In Sec. 175.10, paragraph (a)(4)(v) is added, and paragraph
(a)(25) is revised to read as follows:

Sec. 175.10 Exceptions.

(a) * * *
(4) * * *
(iv) * * *
(v) The provisions of this paragraph (a)(4) also apply to an
aircraft operator when transporting passenger or crew member baggage to
its intended destination, if the baggage has been separated from the
passenger or crew member, including transfer to another carrier for
transport to its intended destination.
* * * * *
(25) With approval of the aircraft operator, a passenger or crew
member may carry in checked or carry-on baggage no more than two small
gas cartridges containing no hazardous material other than a Division
2.2 gas that are fitted into a self-inflating life-jacket for inflation
purposes, plus no more than two spare cartridges.
* * * * *

? 49. In Sec. 175.30, a new paragraph (a)(5) is added to read as
follows:

Sec. 175.30 Accepting and inspecting shipments.

* * * * *
(a) * * *
(5) Marked with the air eligibility marking in accordance with
Sec. 172.321 of this subchapter, unless excepted from marking.
* * * * *
? 50. In Sec. 175.90, paragraphs (b) and (c) are revised to read as
follows:

Sec. 175.90 Damaged shipments.

* * * * *
(b) Except as provided in Sec. 175.700, the operator of an
aircraft must remove from the aircraft any package, baggage or cargo
that appears to be leaking or contaminated by a hazardous material. In
the case of a package, baggage or cargo that appears to be leaking, the
operator must ensure that other packages, baggage or cargo in the same
shipment are in proper condition for transport aboard the aircraft and
that no other package, baggage or cargo has been contaminated or is
leaking. If an operator becomes aware that a package, baggage or cargo
not identified as containing a hazardous material has been
contaminated, or the operator has cause to believe that a hazardous
material may be the cause of the contamination, the operator must take
reasonable steps to identify the nature and source of contamination
before proceeding with the loading of the contaminated baggage or
cargo. If the contaminating substance is found or suspected to be a
hazardous material, the operator must isolate the package, baggage or
cargo and take appropriate steps to eliminate any identified hazard
before continuing the transportation of the item by air.
(c) No person may place aboard an aircraft, a package, baggage or
cargo that is contaminated with a hazardous material or appears to be
leaking.
* * * * *

PART 176--CARRIAGE BY VESSEL

? 51. The authority citation for part 176 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

? 52. In Sec. 176.27, paragraph (c)(2) is revised to read as follows:

Sec. 176.27 Certificate.

* * * * *
(c) * * *
(2) The certification may appear on a shipping paper or on a
separate document as a statement, such as ``It is declared that the
packing of the container has been carried out in accordance with the
applicable provisions [of 49 CFR], [of the IMDG Code], or [of 49 CFR
and the IMDG Code].''.

? 53. In Sec. 176.63, a new paragraph (f) is added to read as follows:

Sec. 176.63 Stowage locations.

* * * * *
(f) Stowage of containers on board hatchless container ships (1)
Containers holding a hazardous material may be stowed in or vertically
above a hatchless container hold if the following conditions are met:
(1) All hazardous materials are permitted for under deck stowage as
specified in the Table in Sec. 172.101 of this subchapter; and

[[Page 45039]]

(2) The hatchless container hold is in full compliance with the
provisions of IMO's ``International Convention for the Safety of Life
at Sea (SOLAS),'' Regulation II-2/19 of SOLAS 1974, as amended
(incorporation by reference; see Sec. 171.7 of this subchapter),
applicable to enclosed container cargo spaces, as appropriate for the
cargo transported.

? 54. In Sec. 176.83, paragraph (f) is revised and a new paragraph (l)
is added to read as follows:

Sec. 176.83 Segregation.

* * * * *
(f) Segregation of containers on board container vessels: (1)
Except for hatchless container ships, this paragraph applies to the
segregation of freight containers that are carried on board container
vessels, or on other types of vessels, provided these cargo spaces are
properly fitted for permanent stowage of freight containers during
transport.
(l) Segregation of containers on board hatchless container ships:
(1) This paragraph applies to the segregation of containers that are
transported on board hatchless container ships provided that the cargo
spaces are properly fitted to give permanent stowage of the cargo
transport units during transport.
(2) For partly hatchless container ships that have spaces suitable
for breakbulk cargo, conventional container stowage, or any other
method of stowage, the appropriate requirements of this section apply
to the relevant cargo space.
(3) Segregation Table: Table Sec. 176.83(l)(3) sets forth the
general requirements for segregation of containers on board hatchless
container vessels.
(4) In Table Sec. 176.83(l)(3), a container space means a distance
of not less than 6 m (20 feet) fore and aft or not less than 2.5 m (8
feet) athwartship.
BILLING CODE 4910-60-P

[[Page 45040]]
[GRAPHIC]
[TIFF OMITTED]
TR31JY03.020
BILLING CODE 4910-60-C

? 55. In Sec. 176.84, in paragraph (b), Table of provisions, nine new
entries are added in appropriate numerical order to read as follows:

Sec. 176.84 Other requirements for stowage and segregation for cargo
vessels and passenger vessels.

* * * * *

[[Page 45041]]

(b) * * *

------------------------------------------------------------------------
Code Provisions
------------------------------------------------------------------------

* * * * * * *
124................................ Stow ``separated from'' bromates.
125................................ Segregation same as for flammable
liquids, but also ``away from''
flammable solids.
126................................ Segregation same as for Class 9,
miscellaneous hazardous materials.
127................................ For packages carrying a subsidiary
risk of Class 1 (explosives),
segregation same as for Class 1,
Division 1.3.
128................................ Stow in accordance with the IMDG
Code, Sub-section 7.1.10.3
(incorporated by reference; see
Sec. 171.7 of this subchapter).
129................................ Stowage Category A applies, except
for uranyl nitrate hexahydrate
solution for which Category D
applies.
130................................ Stowage Category A applies, except
for uranyl nitrate hexahydrate
solution, uranium metal
hexahydrate solution, uranium
metal pyrophoric and thorium metal
pyrophoric for which Category D
applies.
131................................ Stowage Category A applies, except
for uranyl nitrate hexahydrate
solution, uranium metal pyrophoric
and thorium metal pyrophoric for
which Category D applies, and
taking into account any
supplementary requirements
specified in the transport
documents.
132................................ Stowage A applies, taking into
account any supplementary
requirements specified in the
transport documents.

* * * * * * *
------------------------------------------------------------------------

* * * * *

? 56. In Sec. 176.140, in paragraph (b), the first sentence is revised
to read as follows:

Sec. 176.140 Segregation from other classes of hazardous materials.

* * * * *
(b) Class 1 (explosive) materials must be segregated from bulk
solid dangerous cargoes in accordance with the IMDG Code (incorporated
by reference; see Sec. 171.7 of this subchapter).* * *

Sec. 176.170 [Removed and Reserved]

? 57. In Sec. 176.170, paragraph (b) is removed and reserved.
? 58. In Sec. 176.410, paragraph (a)(2) is revised; paragraphs (a)(3),
(a)(5) and (a)(6) are removed; and current paragraph (a)(4) is
redesignated (a)(3) to read as follows:

Sec. 176.410 Division 1.5 materials, ammonium nitrate and ammonium
nitrate mixtures.

(a) * * *
(2) Ammonium nitrate, Division 5.1 (oxidizer), UN1942.
* * * * *

? 59. In Sec. 176.415, paragraphs (a) introductory text, (a)(1), (a)(2),
(b)(1), (c)(1) and (c)(2) are revised; paragraphs (b)(3), (b)(4) and
(c)(5) are removed; and paragraphs (b)(5) and (b)(6) are redesignated
(b)(3) and (b)(4), respectively to read as follows:

Sec. 176.415 Permit requirements for Division 1.5, ammonium nitrates,
and certain ammonium nitrate fertilizers.

(a) Except as provided in paragraph (b) of this section, before any
of the following material is loaded on or unloaded from a vessel at any
waterfront facility, the owner/operator must obtain written permission
from the Captain of the Port (COTP).
(1) Ammonium nitrate UN1942, ammonium nitrate fertilizers
containing more than 70% ammonium nitrate, or Division 1.5
compatibility group D materials packaged in a paper bag, burlap bag, or
other nonrigid combustible packaging, or any rigid packaging with
combustible inside packagings,
(2) Any other ammonium nitrate or ammonium nitrate fertilizer not
listed in Sec. 176.410(a) or (b).
(b) * * *
(1) Ammonium nitrate, Division 5.1 (oxidizer) UN1942, in a rigid
packaging with a noncombustible inside packaging.
* * * * *
(c) * * *
(1) If the material is Explosives, blasting, type E, Division 1.5
compatibility group D, UN0332 in a combustible packaging or in a rigid
packaging with a combustible inside packaging, it must be loaded or
unloaded at a facility remote from populous areas, or high-value or
high-hazard industrial facilities, so that in the event of fire or
explosion, loss of lives and property may be minimized;
(2) If the material is a Division 1.5 compatibility group D
material in a non-rigid combustible packaging and loaded in a freight
container or transport vehicle, it may be loaded or unloaded at a non-
isolated facility if the facility is approved by the COTP.
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

? 60. The authority citation for part 178 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

? 61. In Sec. 178.2, paragraph (c)(1)(ii) is revised to read as follows:

Sec. 178.2 Applicability and responsibility.

* * * * *
(c) * * *
(1) * * *
(ii) With information specifying the type(s) and dimensions of the
closures, including gaskets and any other components needed to ensure
that the packaging is capable of successfully passing the applicable
performance tests and the general packaging requirements in Sec.
173.24 and for transportation by aircraft, if applicable, Sec. 173.27
of this subchapter. This information must include any procedures to be
followed, including closure instructions for inner packagings and
receptacles, to effectively assemble and close the packaging for the
purpose of preventing leakage in transportation. For packagings
intended for transportation by aircraft, this information must include
relevant guidance to ensure that the packaging, as prepared for
transportation, will withstand the pressure differential requirements
in Sec. 173.27 of this subchapter.
* * * * *

Sec. 178.274 [Amended]

? 62. In Sec. 178.274, in paragraph (j)(6), in the fourth sentence, the
wording ``20 cm (8 inches) on at least two sides'' is removed and ``10
cm (4 inches) on at least two sides'' is added in its place.

? 63. In Sec. 178.705, paragraph (c)(1)(iv)(A) is revised to read as
follows:

Sec. 178.705 Standards for metal IBCs.

* * * * *
(c) * * *
(1) * * *
(iv) * * *
(A) For a reference steel having a product of Rm x Ao = 10,000,
where Ao

[[Page 45042]]

is the minimum elongation (as a percentage) of the reference steel to
be used on fracture under tensile stress (Rm x Ao = 10,000 x 145; if
tensile strength is in U.S. Standard units of pounds per square inch),
the wall thickness must not be less than:

--------------------------------------------------------------------------------------------------------------------------------------------------------
Wall thickness (T) in mm
------------------------------------------------------------------------------------------------------------------------
Capacity (C) in liters \1\ Types 11A, 11B, 11N Types 21A, 21B, 21N, 31A, 31B, 31N
------------------------------------------------------------------------------------------------------------------------
Unprotected Protected Unprotected Protected
--------------------------------------------------------------------------------------------------------------------------------------------------------
C£1000........................ 2.0.......................... 1.5......................... 2.5......................... 2.0
1000<C£2000................... T=C/2000 + 1.5............... T=C/2000 + 1.0.............. T=C/2000 + 2.0.............. T=C/2000 + 1.5
2000<C£3000................... T=C/2000 + 1.5............... T=C/2000 + 1.0.............. T=C/1000 + 1.0.............. T=C/2000 + 1.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

? 64. In Sec. 178.812, paragraph (b)(1) is revised to read as follows:

Sec. 178.812 Top lift test.

* * * * *
(b) Special preparation for the top lift test. (1) Metal, rigid
plastic, and composite IBC design types must be loaded to twice the
maximum permissible gross mass with the load being evenly distributed.
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

? 65. The authority citation for part 180 continues to read as follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

? 66. Section 180.350 is revised to read as follows:

Sec. 180.350 Applicability and definitions.

This subpart prescribes requirements, in addition to those
contained in parts 107, 171, 172, 173 and 178 of this subchapter,
applicable to any person responsible for the continuing qualification,
maintenance, or periodic retesting of an IBC. The following definitions
apply:
(a) Remanufactured IBCs are metal, rigid plastic or composite IBCs
produced as a UN type from a non-UN type, or are converted from one UN
design type to another UN design type. Remanufactured IBCs are subject
to the same requirements of this subchapter that apply to new IBCs of
the same type (also see Sec. 178.801(c)(1) of this subchapter for
design type definition).
(b) Repaired IBCs are metal, rigid plastic or composite IBCs that,
as a result of impact or for any other cause (such as corrosion,
embrittlement or other evidence of reduced strength as compared to the
design type), are restored so as to conform to the design type and to
be able to withstand the design type tests. For the purposes of this
subchapter, the replacement of the rigid inner receptacle of a
composite IBC with a receptacle conforming to the original
manufacturer's specification is considered repair. Routine maintenance
of IBCs (see definition in paragraph (c) of this section) is not
considered repair. The bodies of rigid plastic IBCs and the inner
receptacles of composite IBCs are not repairable.
(c) Routine maintenance of IBCs is the routine performance on
metal, rigid plastic or composite IBCs of operations such as:
(1) Cleaning;
(2) Removal and reinstallation or replacement of body closures
(including associated gaskets), or of service equipment conforming to
the original manufacturer's specifications provided that the
leaktightness of the IBC is verified; or
(3) Restoration of structural equipment not directly performing a
hazardous material containment or discharge pressure retention function
so as to conform to the design type (for example, the straightening of
legs or lifting attachments), provided the containment function of the
IBC is not affected.

? 67. In Sec. 180.352, paragraphs (d)(1)(i) and (f) are revised and a
new paragraph (d)(1)(iv) is added to read as follows:

Sec. 180.352 Requirements for retest and inspection of IBCs.

* * * * *
(d) * * *
(1) * * *
(i) The repaired IBC conforms to the original design type, is
capable of withstanding the applicable design qualification tests, and
is retested and inspected in accordance with the applicable
requirements of this section;
* * * * *
(iv) The person performing the tests and inspections after the
repair must durably mark the IBC near the manufacturer's UN design type
marking to show the following:
(A) The country in which the tests and inspections were performed;
(B) The name or authorized symbol of the person performing the
tests and inspections; and
(C) The date (month, year) of the tests and inspections.
* * * * *
(f) Record retention. The owner or lessee of the IBC must keep
records of periodic retests, initial and periodic inspections, and
tests performed on the IBC if it has been repaired. Records must
include design types and packaging specifications, test and inspection
dates, name and address of test and inspection facilities, names or
name of any persons conducting tests or inspections, and test or
inspection specifics and results. Records must be kept for each
packaging at each location where periodic tests are conducted, until
such tests are successfully performed again or for at least 2.5 years
from the date of the last test. These records must be made available
for inspection by a representative of the Department on request.

? 68. In Sec. 180.605, paragraph (k) is revised to read as follows:

Sec. 180.605 Requirements for periodic testing, inspection and repair
of portable tanks.

* * * * *
(k) Inspection and test markings. (1) Each IM or UN portable tank
must be durably and legibly marked, in English, with the date (month
and year) of the last pressure test, the identification markings of the
approval agency witnessing the test, when required, and the date of the
last visual inspection. The marking must be placed on or near the metal
identification plate, in letters and numerals of not less than 3 mm
(0.118 inches) high when on the metal identification plate, and 12 mm
(0.47 inches) high when on the portable tank.
(2) Each Specification DOT 51, 56, 57 or 60 portable tank must be
durably and legibly marked, in English, with the date (month and year)
of the most recent

[[Page 45043]]

periodic retest. The marking must be placed on or near the metal
certification plate and must be in accordance with Sec. 178.3 of this
subchapter. The letters and numerals must not be less than 3 mm (0.118
inches) high when on the metal certification plate, and 12 mm (0.47
inches) high when on the portable tank, except that a portable tank
manufactured under a previously authorized specification may continue
to be marked with smaller markings if originally authorized under that
specification (for example, DOT Specification 57 portable tanks).
* * * * *

Issued in Washington, DC on July 21, 2003, under authority
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Acting Administrator.
[FR Doc. 03-19016 Filed 7-30-03; 8:45 am]
BILLING CODE 4910-60-P

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