[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Rules and Regulations]
[Pages 15796-15897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04565]
[[Page 15795]]
Vol. 82
Thursday,
No. 60
March 30, 2017
Part II
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 107, 171, 172, et al.
Hazardous Materials: Harmonization With International Standards (RRR);
Final Rule
Federal Register / Vol. 82 , No. 60 / Thursday, March 30, 2017 /
Rules and Regulations
[[Page 15796]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 175, 176, 178, and 180
[Docket No. PHMSA-2015-0273 (HM-215N)]
RIN 2137-AF18
Hazardous Materials: Harmonization With International Standards
(RRR)
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: PHMSA is issuing a final rule to amend the Hazardous Materials
Regulations (HMR) to maintain consistency with international
regulations and standards by incorporating various amendments,
including changes to proper shipping names, hazard classes, packing
groups, special provisions, packaging authorizations, air transport
quantity limitations, and vessel stowage requirements. These revisions
are necessary to harmonize the HMR with recent changes made to the
International Maritime Dangerous Goods Code, the International Civil
Aviation Organization's Technical Instructions for the Safe Transport
of Dangerous Goods by Air, and the United Nations Recommendations on
the Transport of Dangerous Goods--Model Regulations. Additionally,
PHMSA is adopting several amendments to the HMR that result from
coordination with Canada under the U.S.-Canada Regulatory Cooperation
Council.
DATES: Effective date: This rule is effective March 30, 2017, except
for instruction 22, which is effective January 2, 2019.
Voluntary compliance date: January 1, 2017.
Delayed compliance date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning
January 1, 2018.
Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of March 30, 2017.
FOR FURTHER INFORMATION CONTACT: Steven Webb International Standards,
(202) 366-8553, Pipeline and Hazardous Materials Safety Administration,
U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd
Floor, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Comment Discussion
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
B. Executive Order 12866, Executive Order 13563, and DOT
Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
F. Paperwork Reduction Act
G. Regulation Identifier Number (RIN)
H. Unfunded Mandates Reform Act of 1995
I. Environmental Assessment
J. Privacy Act
K. Executive Order 13609 and International Trade Analysis
L. National Technology Transfer and Advancement Act
List of Subjects
I. Executive Summary
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171
to 180) to maintain consistency with international regulations and
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. This rulemaking project
is part of our ongoing biennial process to harmonize the HMR with
international regulations and standards.
Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) directs PHMSA to participate in relevant
international standard-setting bodies and promotes consistency of the
HMR with international transport standards to the extent practicable.
Federal hazmat law permits PHMSA to depart from international standards
where appropriate, including to promote safety or other overriding
public interest. However, Federal hazmat law otherwise encourages
domestic and international harmonization (see 49 U.S.C. 5120).
Harmonization facilitates international trade by minimizing the
costs and other burdens of complying with multiple or inconsistent
safety requirements for transportation of hazardous materials. Safety
is enhanced by creating a uniform framework for compliance, and as the
volume of hazardous materials transported in international commerce
continues to grow, harmonization becomes increasingly important.
II. Background
PHMSA published a notice of proposed rulemaking (NPRM) under Docket
HM-215N [81 FR 61741 (Sept. 7, 2016)] to incorporate various amendments
to harmonize the HMR with 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--Model
Regulations (UN Model Regulations). When considering alignment of the
HMR with international standards, we review and evaluate each amendment
on its own merit, on the basis of its overall impact on transportation
safety, and on the basis of the economic implications associated with
its adoption into the HMR. Our goal is to harmonize without diminishing
the level of safety currently provided by the HMR or imposing undue
burdens on the regulated community. Based on this review and
evaluation, in this final rule, PHMSA is amending the HMR to
incorporate changes from the 19th Revised Edition of the UN Model
Regulations, Amendment 38-16 of the IMDG Code, and the 2017-2018 ICAO
Technical Instructions, which become effective January 1, 2017.
(Amendment 38-16 to the IMDG Code may be voluntarily applied on January
1, 2017; however, the previous amendment remains effective through
December 31, 2017) Notable amendments to the HMR in this final rule
include the following:
Incorporation by Reference: PHMSA incorporates by
reference the newest versions of various international hazardous
materials standards, including the 2017-2018 Edition of the ICAO
Technical Instructions; Amendment 38-16 of the IMDG Code; the 19th
Revised Edition of the UN Model Regulations; the 6th Revised Edition of
the UN Manual of Tests and Criteria; and the 6th Revised Edition of the
Globally Harmonized System of Classification and Labelling of
Chemicals. Additionally, we are updating our incorporation by reference
of the Canadian Transportation of Dangerous Goods (TDG) Regulations to
include SOR/2014-152 and SOR/2014-
[[Page 15797]]
159 published July 2, 2014; SOR/2014-159 Erratum published July 16,
2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306
published December 31, 2014; SOR/2014-306 Erratum published January 28,
2015; and SOR/2015-100 published May 20, 2015. Finally, in this final
rule, PHMSA adopts various updated International Organization for
Standardization (ISO) standards.
Hazardous Materials Table (HMT): PHMSA amends the Sec.
172.101 Hazardous Materials Table (HMT) consistent with recent changes
in the Dangerous Goods List of the 19th Revised Edition of the UN Model
Regulations, the IMDG Code, and the ICAO Technical Instructions.
Specifically, we are making amendments to the HMT to add, revise, or
remove certain proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, bulk packaging
requirements, and passenger and cargo aircraft maximum quantity limits.
Provisions for Polymerizing Substances: PHMSA includes in
the HMT four new Division 4.1 entries for polymerizing substances and
adds into the HMR defining criteria, authorized packagings, and safety
requirements including, but not limited to, stabilization methods and
operational controls. These provisions will be in effect until January
2, 2019. During the interim time period, PHMSA intends to review and
research the implications of the polymerizing substance amendments
during this two-year timeframe, and readdress the issue in the next
international harmonization rulemaking.
Modification of the Marine Pollutant List: PHMSA modifies
the list of marine pollutants in appendix B to Sec. 172.101. The HMR
maintain this list as the basis for regulating substances toxic to the
aquatic environment and allow use of the criteria in the IMDG Code if a
listed material does not meet the criteria for a marine pollutant.
PHMSA periodically updates this list based on changes to the IMDG Code
and evaluation of listed materials.
Packaging Requirements for Water-Reactive Materials
Transported by Vessel: PHMSA amends packaging requirements for vessel
transportation of water-reactive substances consistent with
requirements in the IMDG Code. The amendments include changes to the
packaging requirements to require certain commodities to have
hermetically sealed packaging and to require other commodities--when
packed in flexible, fiberboard, or wooden packagings--to have sift-
proof and water-resistant packaging or packaging fitted with a sift-
proof and water-resistant liner.
Hazard Communication Requirements for Lithium Batteries:
PHMSA revises hazard communication requirements for shipments of
lithium batteries consistent with changes adopted in the 19th Revised
Edition of the UN Model Regulations. Specifically, PHMSA adopts a new
lithium battery label in place of the existing Class 9 label; amends
the existing marking requirements for small lithium battery shipments
in Sec. 173.185(c) to incorporate a new standard lithium battery mark
for use across all modes; \1\ removes the documentation requirement in
Sec. 173.185(c) for shipments of small lithium cells and batteries;
and requires the lithium battery mark be applied to each package
containing small lithium cells or batteries contained in equipment when
there are more than four lithium cells or two lithium batteries
installed in the equipment or where there are more than two packages in
the consignment.
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\1\ Small cells and batteries for the purposes of this
rulemaking are a lithium metal cell containing not more than 1 gram
of lithium metal, a lithium metal battery containing not more than 2
grams of lithium metal, a lithium ion cell not more than 20 Watt-
hours (Wh), and a lithium ion battery not more than 100 Wh (49 CFR
173.185(c) and Section II of Packing Instructions 965 and 968 in the
ICAO Technical Instructions).
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Engine, Internal Combustion/Machinery, Internal
Combustion: PHMSA harmonizes the HMT proper shipping names utilized for
the transportation of engines and machinery containing engines with
those in the UN Model Regulations. Additionally, PHMSA harmonizes with
the IMDG Code for domestic vessel shipments of engines, internal
combustion, and machinery containing combustion engines. Existing
requirements and exceptions for the transportation of engines and
machinery containing engines transported by road, rail, and aircraft
remain unchanged. However, PHMSA is harmonizing the transportation
requirements for transportation by vessel, which includes varying
degrees of hazard communication based on the type of fuel, amount of
fuel, and capacity of the fuel tank.
U.S.-Canada Regulatory Cooperation Council (RCC)
Amendments: PHMSA makes amendments to the HMR resulting from
coordination with Canada under the U.S.-Canada RCC. Specifically, we
are adopting provisions for recognition of Transport Canada (TC)
cylinders, equivalency certificates (permit for equivalent level of
safety), and inspection and repair of cargo tanks. In a parallel
effort, Transport Canada is adopting similar regulatory changes that
will provide reciprocal recognition of DOT cylinders and DOT special
permits.
III. Incorporation by Reference Discussion Under 1 CFR Part 51
The UN Recommendations on the Transport of Dangerous Goods--Model
Regulations, Manual of Tests and Criteria, and Globally Harmonized
System of Classification and Labelling of Chemicals, as well as all of
the Transport Canada Clear Language Amendments, are free and easily
accessible to the public on the internet, with access provided through
the parent organization Web sites. The ICAO Technical Instructions,
IMDG Code, and all ISO references are available for interested parties
to purchase in either print or electronic versions through the parent
organization Web sites. The price charged for those not freely
available references helps to cover the cost of developing,
maintaining, hosting, and accessing these standards. The specific
standards are discussed at length in the ``Section-by-Section Review''
for Sec. 171.7.
PHMSA received a comment from the Commercial Vehicle Safety
Alliance (CVSA) recommending that access (including electronic and
print media) to materials, such as technical standards developed by
non-governmental organizations and incorporated by reference into
regulation, be required at no additional charge for enforcement and
government purposes. As noted, many of the standards incorporated by
reference in this final rule are available for free through their
parent organizations. However, some standards that are essential to
ensure shippers offer hazardous materials in accordance with
international standards are simply not available for free public
access, and PHMSA is unable to provide unrestricted access to these
materials. Members of the public may access hard copies of standards
incorporated by reference at PHMSA's Hazardous Materials Information
Center (HMIC) at DOT Headquarters in Washington, DC. Members of the
public may make arrangements to visit the HMIC by visiting HMIC's Web
site at http://www.phmsa.dot.gov/hazmat/standardsrulemaking/hmic or by
telephone at (800) 467-4922. PHMSA staff will work directly with any
person requesting access to these standards.
[[Page 15798]]
IV. Comment Discussion
In response to the September 7, 2016 NPRM [81 FR 61741], PHMSA
received comments from the following organizations and individuals:
Christopher Adams
Alaska Airlines
American Coatings Association (ACA)
Anonymous
Arkema Inc.
Basic Acrylic Monomer Manufacturers, Inc. (BAMM) and the
Methacrylate Producers Association, Inc. (MPA)
Sean Bevan
Commercial Vehicle Safety Alliance (CVSA)
Council on Safe Transportation of Hazardous Articles
(COSTHA)
CTC Certified Training Co.
Dangerous Goods Advisory Council (DGAC)
Deltech Corporation
Department of Defense (DOD)
Dow Chemical (Dow)
FIBA Technologies, Inc.
Greg Hudspeth
The Institute of Makers of Explosives (IME)
International Vessel Operators Dangerous Goods Association
(IVODGA)
Brent Knoblett
Labelmaster Services
National Tank Truck Carriers (NTTC)
The Rechargeable Battery Association (PRBA)
Wesley Scott
Specialty Trailer Leasing Inc.
United Parcel Service (UPS)
U.S. Amines
Western International Gas Cylinders
Worthington Industries
Notably, Dow requested an additional two-year delayed compliance
period for any polymerizing substance amendments made in this final
rule. Dow contends that appropriate test methods must be determined,
materials must be tested, and if the material is determined to be
regulated, appropriate packaging must be selected. PHMSA is sympathetic
to the concerns raised by Dow, but in order to ensure the safe and
efficient transportation of these commodities, PHMSA will maintain the
general one-year transition period for these changes. Additional
comments specific to the respective HMR sections are addressed in the
``Section-by-Section Review'' of this document.\2\
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\2\ Comments which were outside the scope of this rulemaking are
not addressed in this final rule.
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PHMSA concluded that comments made by Specialty Trailer Leasing,
Inc., Mr. Greg Hudspeth, the American Coating Association, and portions
of comments made by Worthington Industries are outside the scope of
this rulemaking. Therefore, PHMSA did not address these comments in
this rulemaking.
Polymerizing Substances
In the NPRM, PHMSA proposed incorporating into the HMT four new
Division 4.1 entries for polymerizing substances and adding into the
HMR defining criteria, authorized packagings, and safety requirements
including, but not limited to, stabilization methods and operational
controls for these new entries and existing entries requiring
stabilization.
PHMSA received comments from Arkema Inc., BAMM & MPA, Deltech
Corporation, DGAC, Dow Chemical, and U.S. Amines concerning our
proposed amendments. These comments addressed: Materials assigned SP
387 requiring stabilization; testing methods for determining self-
accelerating polymerization temperature (SAPT); questions concerning
testing requirements for materials already identified in the HMT as
materials requiring stabilization; exclusion from classification as
polymerizing substances of materials meeting the definition of another
hazard class (including combustible liquids); and the SAPT temperature
threshold before temperature control is required for portable tanks
transporting polymerizing substances.
U.S. Amines requested that PHMSA reconsider assigning special
provision 387 to Dipropylamine (UN2383). U.S. Amines asserts this
material does not pose a polymerization risk and provides safety data
sheets and other associated technical data to substantiate their claim.
Based on a review of the material in question, PHMSA agrees and is not
assigning either special provision 387 or stowage code 25 to this
material.
PHMSA received comments from Arkema Inc., BAMM & MPA, DGAC, and
Deltech raising concerns over PHMSA's proposal to require polymerizing
substances intended to be transported in portable tanks or IBC's to
undergo the Test Series E heating under confinement testing from the UN
Manual of Tests and Criteria. The commenters state that when
polymerizing substances react in the test apparatus they often clog the
test apparatus orifice. They further state this testing leads to
unreliable, overly conservative results suggesting the material poses a
greater hazard from heating under confinement that it actually does.
Additionally, the commenter requested PHMSA align with the
international approach for testing these substances, which only
requires testing the substances under Test Series H to determine the
substances' SAPT. While testing in accordance with UN Series E does
present difficulties, this testing has been performed in the past in
support of approval applications for various polymerizing substances.
Additionally, while a clogged orifice within the Series E tests could
be overly conservative, it is important to note that similar situations
may occur during transport. For instance, a polymerizing substance
which clogs the orifice during testing could potentially clog the
pressure relief device on a portable tank. In such an incident, the
testing would provide similar results on what could be expected within
a transportation situation. Test Series E and H do not measure and/or
predict the same phenomena. PHMSA notes Test Series E (or an equivalent
performance measure) provides information on how the material behaves
when heated under confinement. Test Series H provides information on
the SAPT, and thus the potential need for temperature controls. These
two tests are synergistic, and not mutually exclusive. For these
reasons, PHMSA is maintaining the testing requirements for polymerizing
substances as proposed in the NPRM.
PHMSA received questions from Arkema Inc., BAMM & MPA, and Dow
about exclusions from classification as polymerizing substances for
combustible liquids and Class 9 substances. These same commenters also
ask about testing requirements for materials currently identified in
the HMT that may also polymerize. Arkema Inc., BAMM & MPA, and DOW
request clarification that as proposed in the NPRM materials meeting
the definition of a combustible liquid and a polymerizing substance
would not need to be offered as a polymerizing substance. Arkema Inc.
and BAMM & MPA similarly ask if substances meeting the definitions of
Class 9 and polymerizing substances need to be offered as a
polymerizing substance. The definition of polymerizing substance
adopted by the UN Model Regulations excludes substances that meet the
criteria for inclusion in Classes 1-8. In the NPRM we proposed to
exclude all materials that meet the definition of any other hazard
class. To further harmonize the HMR definition of polymerizing
substances with that found in the Model Regulations, PHMSA is amending
Sec. 173.124(a)(4)(iii) to exclude substances that meet the criteria
for inclusion in Classes 1-8, including combustible liquids. It is our
belief that polymerizing substances that also meet the definition of
Class 9 would be limited to environmentally hazardous substances. Much
like the UN we believe that the polymerizing
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properties of these materials should take precedence in the
identification of these materials, and that the applicable additional
description elements (i.e. marine pollutant or ``RQ'' for hazardous
substance) should be appropriately identified by shippers. Substances
that meet the defining criteria for combustible liquids and
polymerizing substances are only required to be offered for
transportation as a combustible liquid.
PHMSA received comments from BAMM & MPA, Deltech Corporation, and
DGAC concerning our proposal to maintain a minimum SAPT temperature of
50 [deg]C for portable tanks versus the internationally adopted 45
[deg]C. The commenters cite PHMSA's decision not to harmonize the
transport provisions applicable to self-reactive materials and organic
peroxides and potential non-compliance concerns for imported materials
that were evaluated and offered for transport at different temperatures
than the proposal would require in the HMR. PHMSA has, and does still
maintain that 50 [deg]C is the maximum temperature reasonable expected
to be experienced by any self-reactive, organic peroxide, and/or
polymerizing substance. Additionally, we note that this 50 [deg]C (122
[deg]F) temperature is consistent with existing requirements for
Division 4.1 (Self-reactive) and Division 5.2 (Organic peroxide)
hazardous materials.
PHMSA received comments the proposed inclusion of HMT entries,
classification criteria, and transport provisions for polymerizing
substances. In light of the commenter's concerns, PHMSA is including
``sunset'' provisions for all amendments concerning polymerizing
substances. In each regulatory citation adding or amending requirements
for polymerizing substances we are including regulatory text that will
sunset the provision after a two-year period from the effective date of
this rule. PHMSA intends to review and research the implications of the
polymerizing substance amendments during this two-year timeframe, and
readdress the issue in the next international harmonization rulemaking.
During the next international harmonization rulemaking, we will
specifically solicit comments from the public on their experiences
utilizing these provisions. If PHMSA does not take subsequent action to
amend these provisions, the HMR would revert to the requirements in
effect before the issuance of this final rule.
V. Section-by-Section Review
The following is a section-by-section review of the amendments
adopted in this final rule:
Part 107
Section 107.502
Section 107.502 provides general requirements for the registration
of cargo tanks and cargo tank motor vehicle manufacturers, assemblers,
repairers, inspectors, testers, and design certifying engineers. PHMSA
is revising paragraph (b) to provide an exception from the registration
requirements for certain persons engaged in the repair, as defined in
Sec. 180.403, of DOT specification cargo tanks by facilities in Canada
in accordance with the requirements of Sec. 180.413(a)(1)(iii) in this
final rule. Persons engaged in the repair of cargo tanks in Canada are
required to register in accordance with the Transport Canada TDG
Regulations, as the Canadian registration requirements are
substantially equivalent to those in part 107, subpart F of the HMR.
The registration information is available on Transport Canada's Web
site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/highway/tanks.aspx. The Transport Canada TDG Regulations except persons
repairing TC specification cargo tanks at facilities in the United
States from registering in Canada if they are registered in accordance
with part 107, subpart F.
Therefore, PHMSA believes that requiring the registration of
Canadian cargo tank repair facilities authorized by Sec.
180.413(a)(1)(iii) is unnecessarily duplicative and that excepting them
from registering in accordance with part 107 subpart F augments
reciprocity without negatively impacting safety. See the Sec. 180.413
entry in the ``Section-by-Section Review'' of this document for
additional background and discussion of this change.
Section 107.801
Section 107.801 prescribes approval procedures for persons seeking
to engage in a variety of activities regulated by PHMSA (i.e.,
independent inspection agencies, cylinder requalification). PHMSA is
amending paragraph (a)(2) to include provisions for persons seeking
approval to engage in the requalification, rebuilding, or repair of a
cylinder manufactured in accordance with a Transport Canada (TC),
Canadian Transportation Commission (CTC), Board of Transport
Commissioners for Canada (BTC), or Canadian Railway Commission (CRC)
specification under the Transport Canada TDG Regulations. Persons
engaged in the requalification, rebuilding, or repair of TC, CTC, BTC,
or CRC specification cylinders in the U.S. are required to register
with DOT in accordance with this subpart. PHMSA will issue a new
approval or revise an existing one to reflect the applicant's intent to
requalify TC cylinders. See the Sec. 107.805 entry in the ``Section-
by-Section Review'' of this document for discussion of this change, as
well as for additional requirements and exceptions.
Section 107.805
Section 107.805 prescribes the requirements cylinder and pressure
receptacle requalifiers must meet in order to be approved by PHMSA.
PHMSA is amending paragraph (a) to authorize prospective requalifiers
to obtain approval by PHMSA to inspect, test, certify, repair, or
rebuild TC specification cylinders; amending paragraph (c)(2) to ensure
the types of TC cylinders intended to be inspected, tested, repaired,
or rebuilt at the facility are included in the application for approval
to PHMSA; and amending paragraph (d) to include various TC cylinders to
the list of cylinders requiring issuance of a RIN to requalifiers.
PHMSA is also amending paragraph (f) to recognize facilities
authorized by Transport Canada to requalify comparable DOT
specification cylinders, as well as DOT RIN holders to requalify
comparable Transport Canada cylinders subject to modification of their
existing approval. PHMSA recognizes that Transport Canada's approval
and registration requirements are substantially equivalent to the
requirements in 49 CFR part 107, subpart I, and provide an equivalent
level of safety. In addition, traceability is maintained based on
Transport Canada's publicly available Web site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/cylinder/requalifier.aspx,
which allows tracing of a DOT specification cylinder marked with the
registered mark of a Transport Canada assigned requalifier back to the
appropriate requalification facility.\3\
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\3\ The search function on Transport Canada's Web site allows
users to search for the registered mark of requalifiers. Searching
by the registered mark found on a cylinder will allow interested
parties to verify that the cylinder was requalified by a facility
certified by Transport Canada.
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The addition of paragraph (f)(2) allows persons who are already
registered with PHMSA to perform requalification functions on DOT
specification cylinders to register to requalify corresponding TC
cylinder
[[Page 15800]]
specifications without additional review by an independent inspection
agency. Table 1 of the Sec. 171.12 entry in the ``Section-by-Section
Review'' identifies specifications considered to be equivalent.
Applicants will be required to submit all of the information prescribed
in Sec. 107.705(a) that identifies the TC, CTC, CRC, or BTC
specification cylinder(s) or tube(s) to be inspected; certifies the
requalifier will operate in compliance with the applicable TDG
Regulations; and certifies the persons performing requalification have
been trained in the functions applicable to the requalifier activities.
The addition of paragraph (f)(3) allows persons who are already
registered with Transport Canada to requalify corresponding DOT
specification cylinders without additional application to PHMSA for
approval. This exception will provide cylinder owners with additional
access to repair and requalification facilities in Canada, while also
broadening reciprocity with Canada.
Part 171
Section 171.2
Section 171.2 prescribes general requirements for each person
performing functions covered by this subchapter. PHMSA is amending
paragraph (h)(1) by adding the letters ``TC,'' ``CRC,'' and ``BTC'' to
the list of specification indications that may not be misrepresented
according to Sec. 171.2(g). This is necessary as a result of
amendments in Sec. 171.12 authorizing the use of various Transport
Canada approved specification cylinders under certain conditions.
Section 171.7
Section 171.7 provides a listing of all voluntary consensus
standards incorporated by reference into the HMR, as directed by the
National Technology Transfer and Advancement Act of 1996. According to
the Office of Management and Budget (OMB), Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards wherever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
PHMSA actively participates in the development and updating of
consensus standards through representation on more than 20 consensus
standard bodies and regularly reviews updated consensus standards and
considers their merit for inclusion in the HMR.
For this rulemaking, we evaluated updated international consensus
standards pertaining to proper shipping names, hazard classes, packing
groups, special provisions, packaging authorizations, air transport
quantity limitations, and vessel stowage requirements and determined
that the revised standards provide an enhanced level of safety without
imposing significant compliance burdens. These standards have well-
established and documented safety histories, and their adoption will
maintain the high safety standard currently achieved under the HMR.
Therefore, in this final rule, PHMSA is adding and revising the
following incorporation by reference materials:
Paragraph (t)(1), which incorporates the International
Civil Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air, 2015-2016 Edition, is revised to
incorporate the 2017-2018 Edition. The International Civil Aviation
Organization Technical Instructions for the Safe Transport of Dangerous
Goods by Air contain detailed instructions necessary for the safe
international transport of dangerous goods by air. The ICAO Technical
Instructions support the broad principles by establishing requirements
necessary to ensure hazardous materials are safely transported in
aircraft while providing a level of safety that protects the aircraft
and its occupants from undue risk.
Paragraph (v)(2), which incorporates the International
Maritime Organization International Maritime Dangerous Goods Code, 2014
Edition, Incorporating Amendment 37-14, English Edition, Volumes 1 and
2, is revised to incorporate the 2016 Edition, Amendment 38-16. The
IMDG Code is intended to provide for the safe transportation of
hazardous materials by vessel, protect crew members, and prevent marine
pollution. The IMDG Code is based on the UN Model Regulations, but also
includes additional requirements applicable to the transport of
hazardous materials by sea (e.g., requirements for marine pollutants;
freight container loading procedures; stowage and segregation; and
other requirements applicable to shipboard safety and preservation of
the marine environment) that are not covered by the UN Model
Regulations.
Paragraph (w), which incorporates various International
Organization for Standardization entries, is revised to incorporate by
reference standards for the specification, design, construction,
testing, and use of gas cylinders:
--ISO 3807:2013 Gas cylinders--Acetylene cylinders--Basic requirements
and type testing is incorporated in paragraph (w)(16). ISO 3807:2013
specifies the basic and type testing requirements for acetylene
cylinders with and without fusible plugs with a maximum nominal water
capacity of 150 L (39.62 gallons) and requirements regarding
production/batch test procedures for manufacturing of acetylene
cylinders with porous material.
--ISO 7866:2012 Gas cylinders--Refillable seamless aluminium alloy gas
cylinders--Design, construction and testing; and ISO 7866:2012/Cor
1:2014 Gas cylinders--Refillable seamless aluminium alloy gas
cylinders--Design, construction and testing, Technical Corrigendum 1 is
incorporated in paragraphs (w)(27) and (28). ISO 7866:2012 specifies
minimum requirements for the material, design, construction and
workmanship, manufacturing processes and tests at time of manufacture
of refillable seamless aluminium alloy gas cylinders of water
capacities up to and including 150 L (39.62 gallons) for compressed,
liquefied, and dissolved gases for worldwide use. PHMSA received a
comment from Western International Gas Cylinders requesting that the
previous edition of this standard be referenced with an applicability
date. PHMSA notes that the previous edition of this standard was
included in the NPRM, but we have amended the language to more clearly
indicate that construction to the old standard is authorized until
December 31, 2020.
--ISO 9809-4:2014 Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 4: Stainless steel
cylinders with an Rm value of less than 1 100 MPa is incorporated in
paragraph (w)(36). ISO 9809-4:2014 specifies the minimum requirements
for the material, design, construction and workmanship, manufacturing
processes, examinations, and tests at manufacture of refillable
seamless stainless steel gas cylinders of water capacities from 0.5 L
(.13 gallons) up to and including 150 L (39.62 gallons) for compressed,
liquefied, and dissolved gases.
--ISO 10297:2014 Gas cylinders--Cylinder valves--Specification and type
testing is incorporated in
[[Page 15801]]
paragraph (w)(42). ISO 10297:2014 specifies design, type testing, and
marking requirements for: (a) Cylinder valves intended to be fitted to
refillable transportable gas cylinders; (b) main valves (excluding ball
valves) for cylinder bundles; and (c) cylinder valves or main valves
with integrated pressure regulator (VIPR); which convey compressed,
liquefied, or dissolved gases.
--ISO 10462:2013 Gas cylinders--Transportable cylinders for dissolved
acetylene--Periodic inspection and maintenance is incorporated in
paragraph (w)(44). ISO 10462:2013 specifies requirements for the
periodic inspection of acetylene cylinders as required for the
transport of dangerous goods and for maintenance in connection with
periodic inspection. It applies to acetylene cylinders with and without
solvent and with a maximum nominal water capacity of 150 L (39.62
gallons).
--ISO 11114-2:2013 Gas cylinders--Compatibility of cylinder and valve
materials with gas contents--Part 2: Non-metallic materials is
incorporated in paragraph (w)(48). ISO 11114-2:2013 gives guidance in
the selection and evaluation of compatibility between non-metallic
materials for gas cylinders and valves and the gas contents. It also
covers bundles, tubes, and pressure drums.
--ISO 11119-1:2012 Gas cylinders--Refillable composite gas cylinders
and tubes--Design, construction and testing--Part 1: Hoop wrapped fibre
reinforced composite gas cylinders and tubes up to 450 l; ISO 11119-
2:2012 Gas cylinders--Refillable composite gas cylinders and tubes--
Design, construction and testing--Part 2: Fully wrapped fibre
reinforced composite gas cylinders and tubes up to 450 l with load-
sharing metal liners; ISO 11119-2:2012/Amd 1:2014 Gas cylinders--
Refillable composite gas cylinders and tubes--Design, construction and
testing--Part 2: Fully wrapped fibre reinforced composite gas cylinders
and tubes up to 450 l with load-sharing metal liners; and ISO 11119-
3:2013 Gas cylinders--Refillable composite gas cylinders and tubes--
Design, construction and testing--Part 3: Fully wrapped fibre
reinforced composite gas cylinders and tubes up to 450 l with non-load-
sharing metallic or non-metallic liners are incorporated in paragraphs
(w)(54), (56), (57), and (59), respectively. ISO 11119-1:2012, ISO
11119-2:2012, and ISO 11119-3:2013 specify requirements for composite
gas cylinders and tubes between 0.5 L (39.62 gallons) and 450 L (119
gallons) water capacity, for the storage and conveyance of compressed
or liquefied gases.
Paragraph (bb)(1), which incorporates the Transport Canada
Transportation of Dangerous Goods Regulations, adds paragraphs
(bb)(1)(xiii), (xiv), (xv), (xvi), (xvii), (xviii), and (xix) to
include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-
159 Erratum published July 16, 2014; SOR/2014-152 Erratum published
August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306
Erratum published January 28, 2015; and SOR/2015-100 published May 20,
2015, respectively. The Transport Canada Transportation of Dangerous
Goods Regulations incorporated in this final rule are updates to the
existing Transportation of Dangerous Goods Regulations and cover all
updates made by Transport Canada between January 2014 and May 2015.
PHMSA received a comment from COSTHA requesting we also incorporate by
reference TDG Regulations, SOR/2016-95 published on June 1, 2016.
However, as this standard was not proposed for incorporation in the
NPRM, we are unable to adopt it in this final rule.
Paragraph (dd)(1), which incorporates the United Nations
Recommendations on the Transport of Dangerous Goods--Model Regulations,
18th Revised Edition (2013), Volumes I and II, is revised to
incorporate the 19th Revised Edition (2015), Volumes I and II. The
United Nations Model Regulations on the Transport of Dangerous Goods
provide a basis for development of harmonized regulations for all modes
of transport, in order to facilitate trade and the safe, efficient
transport of hazardous materials.
Paragraph (dd)(2), which incorporates the United Nations
Recommendations on the Transport of Dangerous Goods--Manual of Tests
and Criteria, 5th Revised Edition (2009), is revised to incorporate the
6th Revised Edition (2015). The Manual of Tests and Criteria contains
criteria, test methods, and procedures to be used for classification of
dangerous goods according to the provisions of Parts 2 and 3 of the
United Nations Recommendations on the Transport of Dangerous Goods--
Model Regulations, as well as of chemicals presenting physical hazards
according to the Globally Harmonized System of Classification and
Labelling of Chemicals (GHS).
Paragraph (dd)(3) is added to incorporate the United
Nations Recommendations on the Transport of Dangerous Goods--Globally
Harmonized System of Classification and Labelling of Chemicals (GHS),
6th Revised Edition (2015). Section 172.401 references the
incorporation by reference of the GHS in Sec. 171.7; however, this
entry does not currently appear in Sec. 171.7. The addition of this
paragraph corrects this oversight. The GHS addresses classification of
chemicals by types of hazard and proposes harmonized hazard
communication elements, including labels and safety data sheets. It
aims at ensuring that information on physical hazards and toxicity from
chemicals is available in order to enhance the protection of human
health and the environment during the handling, transport, and use of
these chemicals. GHS also provides a basis for harmonization of rules
and regulations on chemicals at national, regional, and worldwide
levels, which is an important factor for trade facilitation.
In the NPRM, PHMSA proposed incorporating ISO 11515:2013
Gas cylinders--Refillable composite reinforced tubes of water capacity
between 450 L and 3000 L--Design, construction and testing into the
HMR. After further review, and in order to appropriately address
comments received, the incorporation by reference of ISO 11515:2013
will be considered under a future rulemaking rather than adopted at
this time. We note that ISO 11515:2013 is currently under review by the
relevant ISO Technical Committee (e.g., ISO/TC58/SC3). Substantive
revisions under consideration include reintroduction of the high
velocity impact (gunfire) test and revisions to the blunt impact test.
Consideration of this item under a future rulemaking will allow for
these safety enhancements to be appropriately considered by ISO. It
also provides opportunity to consider comments received such as those
requesting consideration of relevant special permits. PHMSA received a
comment from FIBA Technologies, Inc. requesting that we expand the
volume maximum allowed from 3000 L to 8500 L; reduce the minimum design
burst pressure for Type 3 and Type 4 cylinders from 2.0 to 1.6; waive
the blunt impact test if the tubes will be mounted inside a structural
framework that finite analysis has demonstrated will protect the tubes
from damage; and introduce a high velocity impact test. FIBA
Technologies, Inc. correctly noted that these requirements, allowances,
and tests are currently authorized under
[[Page 15802]]
existing special permits for composite tubes. These requests were
outside the scope of this rulemaking, but we do note ongoing work at
ISO to generate a standard for larger composite tubes.
In the NPRM, PHMSA proposed to incorporate by reference the
Transport Canada standards into Sec. Sec. 107.801 and 805 with the
text ``IBR, See 171.7.'' Part 107 is in subchapter A. Section 171.7 is
only applicable to subchapter C, therefore the IBR references proposed
have in 107.801 and 805 would not have been valid. As a result PHMSA is
amending Sec. 171.7(a)(1) as central section for material that is
incorporated by reference into subchapters A, B, and C.
Section 171.8
Section 171.8 defines terms generally used throughout the HMR that
have broad or multi-modal applicability. PHMSA is adding the following
terms and definitions:
Design life: PHMSA adds the term ``design life'' to define
the maximum life of composite cylinders and tubes. This term is
specifically limited to references in the HMR related to composite
cylinders and tubes.
SAPT: PHMSA adds the term ``SAPT,'' which means self-
accelerated polymerization temperature, and a reference to Sec.
173.21(f). This is consistent with the similar term ``SADT'' (self-
accelerated decomposition temperature). In the absence of further
rulemaking actions, this definition will sunset two years from the
effective date of this rulemaking. See the ``Comment Discussion''
section of this document for further discussion.
Service life: PHMSA adds the term ``service life'' to
define the number of years a composite cylinder or tube is permitted to
be in service. This term is specifically limited to references in the
HMR related to composite cylinders and tubes.
Additionally, PHMSA amends the definitions for the following terms:
Aerosol: PHMSA revises the definition of ``aerosol'' to
clarify that it is an article. Currently under the HMR, an aerosol is
considered to be an article, and therefore, the use of inner packagings
in a combination package is not necessary; however, practice has shown
that an aerosol is often mistaken for the inner packaging of a
combination packaging, including both the substance dispensed (liquid,
paste, or powder) and the propellant gas itself.
Large salvage packaging: PHMSA revises the definition of
``large salvage packaging'' to add a reference to non-conforming
hazardous materials packages to be consistent with the wording in the
definition of ``salvage packaging.''
UN tube: PHMSA revises the definition of ``UN tube,''
which describes it as a seamless pressure receptacle, to specify that
the term includes composite cylinders.
Section 171.12
Section 171.12 prescribes requirements for the use of the Transport
Canada TDG Regulations. Under the U.S.-Canada RCC--which was
established in 2011 by the President of the United States and the
Canadian Prime Minister--PHMSA and Transport Canada, with input from
stakeholders, identified impediments to cross-border transportation of
hazardous materials. In this final rule, PHMSA is addressing these
barriers by amending the HMR to expand recognition of cylinders, cargo
tank repair facilities, and equivalency certificates in accordance with
the TDG Regulations.
The HMR in Sec. 171.12(a)(1) provide general authorizations to use
the TDG Regulations for hazardous materials transported from Canada to
the United States, from the United States to Canada, or through the
United States to Canada or a foreign destination. PHMSA is amending
Sec. 171.12(a)(1) to authorize the use of a Transport Canada
equivalency certificate for such road or rail transportation of a
hazardous material shipment. Consistent with existing authorizations to
utilize the TDG Regulations for transportation from Canada to the
United States, the authorization to use a Transport Canada equivalency
certificate only applies until the shipment's initial transportation
ends. In other words, once a shipment offered in accordance with a
Transport Canada equivalency certificate reaches the destination shown
on either a transport document or package markings, transportation
under the authorization in Sec. 171.12 has ended. Any subsequent
offering of packages imported under a Transport Canada equivalency
certificate would have to be done in full compliance with the HMR.
Transport Canada is proposing amendments to the TDG Regulations to
authorize similar reciprocal treatment of PHMSA special permits. PHMSA
received comments from Dow and DGAC supporting the proposed acceptance
of Transport Canada equivalency certificates. These same commenters
requested that PHMSA extend the authorization to offer in accordance
with an equivalency certificate further than a shipment's initial
transportation into or out of the country. The commenters requested
PHMSA allow a shipment offered in accordance with a Canadian
certificate of equivalency to be reshipped under the provisions of the
permit (e.g., original shipment from Canada to a distribution center in
the U.S. and then reoffered to other U.S. locations). As previously
noted, the intent of this regulatory change is to authorize the use of
Canadian certificates of equivalency consistent with the recognition
given to shipments made in accordance with the TDG Regulations. PHMSA
may continue the expansion of this allowance in future RCC rulemaking
activities.
PHMSA received questions from Western International Gas Cylinders
concerning ultrasonic requalification of cylinders in accordance with a
special permit or certificate of equivalency. Western International Gas
Cylinders asked if cylinders that are requalified in accordance with a
special permit ultrasonically and then offered for transport to Canada
can be refilled and reoffered to the United States. It is our
understanding that Transport Canada intends to provide the same
reciprocity to PHMSA special permits that we are extending to their
certificates of equivalency. Please review the Transport Canada
harmonization rulemaking \4\ for a better understanding of the Canadian
proposals in this area. Changes to Sec. 171.12 would authorize the
shipment of a Canadian cylinder in accordance with the provisions in a
certificate of equivalency, including the use of ultrasonic examination
techniques if so indicated in the certificate. Western International
Gas Cylinders further asked if ultrasonic cylinder requalifiers in the
U.S. would be allowed to add TC, CTC, BTC, and CRC marked cylinders to
their special permits and conduct ultrasonic examinations of these
cylinders. Cylinder requalifiers may submit a modification request for
their special permit to authorize ultrasonic examination of these
Canadian cylinders. Each request will be evaluated on its own merits.
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\4\ http://www.gazette.gc.ca/rp-pr/p1/2016/2016-11-26/pdf/g1-15048.pdf.
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PHMSA is additionally amending Sec. 171.12(a)(1) to authorize the
transportation of cylinders and multiple-element gas containers (MEGCs)
authorized by the Transport Canada TDG Regulations to be transported
from Canada to the United States, from the United States to Canada, or
through the United States to Canada or a foreign destination.
The HMR in Sec. 171.12(a)(4) permit the transportation of a
cylinder authorized by the Transport Canada TDG
[[Page 15803]]
Regulations to, from, or within the United States. Currently this
authorization is limited to CTC cylinders corresponding to a DOT
specification cylinder and UN pressure receptacles marked with ``CAN.''
In this final rule, PHMSA is amending paragraph (a)(4)(ii) to authorize
the use of Canadian manufactured cylinders. Specifically, PHMSA is
authorizing the transportation of CTC, CRC, BTC, and TC cylinders that
have a corresponding DOT specification cylinder prescribed in the HMR.
This final rule does not remove or amend existing requirements for
DOT specification cylinders; rather, PHMSA is providing that a shipper
may use either a DOT specification cylinder or a TC cylinder as
appropriate. The goal of these amendments is to promote flexibility; to
permit the use of advanced technology for the requalification and use
of pressure receptacles; to provide for a broader selection of
authorized pressure receptacles; to reduce the need for special
permits; and to facilitate cross-border transportation of these
cylinders.
Additionally, PHMSA is amending paragraph (a)(4) to authorize the
filling, maintenance, testing, and use of CTC, CRC, BTC, and TC
cylinders that have a corresponding DOT specification cylinder as
prescribed in HMR. This authorization extends the recognition of
cylinders manufactured in Canada to be filled, used, and requalified
(including rebuild, repair, reheat-treatment) in the United States in
accordance with the TDG Regulations. PHMSA received a comment from CTC
Certified Training Co. requesting that we reconsider requiring
requalification of all CTC, CRC, BTC, and TC cylinders be done in
accordance with the Transport Canada TDG Regulations. CTC Certified
Training Co. stated that the current authorization for CTC
specification cylinders allows requalification to be done under either
a program authorized by the Transport Canada TDG Regulations or
requalified in accordance with the requirements in Sec. 180.205. The
commenter further noted that CTC, CRC, and BTC all correspond to DOT
specification cylinders and that requiring these cylinders to be
requalified in accordance with the TDG Regulations is unnecessary.
PHMSA agrees and is amending paragraph (a)(4)(ii)(B) to note that
Canadian cylinders that have been requalified in accordance with either
a program authorized by the TDG Regulations or part 107, subpart I, of
the HMR are acceptable. See the Sec. 180.205 entry in the ``Section-
by-Section Review'' of this document for specific requalification
requirements for Canadian cylinders.
Table 1 lists the Canadian cylinders with the corresponding DOT
specification cylinders:
Table 1
----------------------------------------------------------------------------------------------------------------
CTC (some or all of these may also
TC DOT (some or all of these may also be be marked with a BTC and a CRC
marked with an ICC prefix) prefix)
----------------------------------------------------------------------------------------------------------------
TC-3AM......................... DOT-3A [ICC-3] CTC-3A
TC-3AAM........................ DOT-3AA CTC-3AA
TC-3ANM........................ DOT-3BN CTC-3BN
TC-3EM......................... DOT-3E CTC-3E
TC-3HTM........................ DOT-3HT CTC-3HT
TC-3ALM........................ DOT-3AL CTC-3AL
DOT-3B CTC-3B
TC-3AXM........................ DOT-3AX CTC-3AX
TC-3AAXM....................... DOT-3AAX CTC-3AAX
TC-3TM......................... DOT-3T
TC-4AAM33...................... DOT-4AA480 CTC-4AA480
TC-4BM......................... DOT-4B CTC-4B
TC-4BM17ET..................... DOT-4B240ET CTC-4B240ET
TC-4BAM........................ DOT-4BA CTC-4BA
TC-4BWM........................ DOT-4BW CTC-4BW
TC-4DM......................... DOT-4D CTC-4D
TC-4DAM........................ DOT-4DA CTC-4DA
TC-4DSM........................ DOT-4DS CTC-4DS
TC-4EM......................... DOT-4E CTC-4E
TC-39M......................... DOT-39 CTC-39
TC-4LM......................... DOT-4L CTC-4L
DOT-8 CTC-8
DOT-8AL CTC-8AL
----------------------------------------------------------------------------------------------------------------
In accordance with Sec. 171.12(a)(4), when the provisions of
subchapter C of the HMR require that either a DOT specification or a UN
pressure receptacle must be used for a hazardous material, a packaging
authorized by Transport Canada's TDG Regulations may be used only if it
corresponds to the DOT specification or UN standard authorized by this
subchapter. PHMSA received a comment from COSTHA requesting that the
table of Canadian cylinders and the corresponding DOT specification
cylinders be included in the HMR. PHMSA agrees that this is useful
information and is including the table of corresponding cylinders in
new paragraph (a)(4)(iii).
Section 171.23
Section 171.23 prescribes requirements for specific materials and
packagings transported under the various international standards
authorized by the HMR. PHMSA is amending paragraph (a) to add TC, CTC,
BTC, or CRC specification cylinders to the list of cylinders which may
be transported to, from, or within the United States.
Part 172
Section 172.101
Section 172.101 provides the Hazardous Materials Table (HMT), as
well as instructions for its use. Readers should review all changes for
a complete understanding of the amendments. For purposes of the
[[Page 15804]]
Government Publishing Office's typesetting procedures, changes to the
HMT appear under three sections of the Table: ``remove,'' ``add,'' and
``revise.'' Certain entries in the HMT, such as those with revisions to
the proper shipping names, appear as a ``remove'' and ``add.'' In this
final rule, PHMSA is amending the HMT for the following:
New HMT Entries
UN 0510 Rocket Motors, Division 1.4C
This new HMT entry is the result of packaged products of low power
``Rocket motors'' that typically meet test criteria for assignment to
Division 1.4, Compatibility Group C, but are assigned to 1.3C (i.e., UN
0186) or the 1.4C n.o.s. classification (i.e., UN 0351). This 1.4
rocket motor entry accurately reflects the product type and hazard of
these articles and allows for the assignment of specific packaging
instructions.
UN 3527 Polyester resin kit, solid base material
This new HMT entry addresses polyester resin kits with a base
material that does not meet the definition of Class 3 (Flammable
liquid) and is more appropriately classed as a Division 4.1 (Flammable
solid). Presently, polyester resin kits are limited to those with a
Class 3 liquid base material component and are assigned under the entry
UN 3269. This new entry permits products with a viscous base component
containing a flammable solvent that does not meet the definition of a
flammable liquid but does meet the definition of a flammable solid.
UN 3528 Engine, internal combustion, flammable liquid powered
or Engine, fuel cell, flammable liquid powered or Machinery, internal
combustion, flammable liquid powered or Machinery, fuel cell, flammable
liquid powered
UN 3529 Engine, internal combustion, flammable gas powered or
Engine, fuel cell, flammable gas powered or Machinery, internal
combustion, flammable gas powered or Machinery, fuel cell, flammable
gas powered
UN 3530 Engine, internal combustion or Machinery, internal
combustion
These new HMT entries apply to the fuel contained in engines and
machinery powered by Class 3 flammable liquids, Division 2.1 gases, and
Class 9 environmentally hazardous substances. The previous entry
applicable to these articles, UN 3166, is now applicable to vehicles
only. As a result of the new ``Engine'' and ``Machinery'' entries, the
entries ``UN 3166, Engines, internal combustion, or Engines, fuel cell,
flammable gas powered'' and ``UN 3166, Engines internal combustion, or
Engines, fuel cell, flammable liquid powered'' are removed.
PHMSA received comments from COSTHA and UPS noting that new entries
UN 3528, UN 3529, and UN 3530 include reference to special provision
363 in column (7) of the HMT. Both commenters noted that while special
provision 363--which is assigned to these entries in the UN Model
Regulations--does not exist in the current or proposed Sec. 172.102,
its conditions are proposed in Sec. 176.906. PHMSA agrees with the
commenters. The assignment of special provision 363 in column (7) of
the HMT was inadvertent and as a result, the references to special
provision 363 are removed in this final rule.
Additionally, during our review of the proposed changes to the
engine HMT entries, we noticed that special provisions 135 and A200
were inadvertently left out of column (7) for these three new engine
entries. This omission was not intended, and these provisions are
placed back in column (7) in this final rule.
UN 3531 Polymerizing substance, solid, stabilized, n.o.s.
UN 3532 Polymerizing substance, liquid, stabilized, n.o.s.
UN 3533 Polymerizing substance, solid, temperature controlled,
n.o.s.
UN 3534 Polymerizing substance, liquid, temperature
controlled, n.o.s.
These new Division 4.1 HMT entries are added for polymerizing
substances that do not meet the criteria for inclusion in any other
hazard class. In the absence of further rulemaking actions, these
entries will cease to have effect two years from the effective date of
this rulemaking. See the ``Comment Discussion'' section of this
document for further discussion.
Catecholborane (also known as 1, 3, 2-Benzodioxaborole)
At the October 2015 meeting of the ICAO Dangerous Goods Panel (DGP/
25), the Panel was informed of an incident involving Catecholborane
(also known as 1, 3, 2-Benzodioxaborole) that resulted in a
recommendation to forbid transport of the substance by air unless
transported in pressure receptacles and under cooled conditions. The
material was classified as ``UN 2924, Flammable liquid, corrosive,
n.o.s.'' The product properties indicate (1) that the substance
decomposes to borane gas at a rate of 2 percent per week at room
temperature, (2) that borane gas could ignite when in contact with
moist air, and (3) that catecholborane could react violently with
water. The incident occurred after transport of the substance was
delayed for nine days as the result of extreme weather conditions with
temperatures consistently above 33 [deg]C (91 [deg]F). After being
stored for approximately two weeks at a low temperature at the
destination, several bottles containing the substance exploded and
caught fire. It was concluded that moist air entered the bottles during
the long transit time under high temperatures causing a chemical
reaction and pressure build up. Panel members suspected a
classification problem, but they could not determine whether this was
due to shipper error or a limitation in the classification criteria in
the regulations. The issue was submitted to the attention of the UN
Sub-Committee at the December 2016 meeting for further review and
determination if a new classification was required. In the interim, a
new light type entry was added to the ICAO Technical Instructions
Dangerous Goods List with a new special provision A210 assigned to
``Catecholborane'' and ``1, 3, 2-Benzodioxaborole'' forbidding the
substance for transport by air on both passenger-carrying and cargo-
only aircraft. Transport on cargo-only aircraft would be possible with
the approval of the State of Origin and State of the Operator.
Consistent with the ICAO Technical Instructions, PHMSA is adding
new HMT entries in italics for ``Catecholborane'' and ``1, 3, 2-
Benzodioxaborole'' and assigning a new special provision A210
clarifying that this material is forbidden for air transport unless
approved by the Associate Administrator for the Office of Hazardous
Materials Safety. PHMSA received a comment from DGAC supporting the
addition of these new entries in the HMT. Additionally, DGAC noted that
it is unclear as to how this material is described, classed, packaged,
etc. and requests guidance relative to the proper shipping description,
class, label, etc. for this material. PHMSA acknowledges that for these
two commodities the appropriate proper shipping description to be
utilized based on the hazards presented is unclear. Therefore, these
two specific technical names are added in italics in the table and not
assigned to specific HMT entries.
Amendments to Column (2) Hazardous Materials Descriptions and Proper
Shipping Names
Section 172.101(c) describes column (2) of the HMT and the
requirements for
[[Page 15805]]
hazardous materials descriptions and proper shipping names.
PHMSA is amending the proper shipping name for ``UN 3269,
Polyester resin kit'' by adding the italicized text ``liquid base
material.'' This is consistent with the format of the new HMT entry for
polyester resin kits with a solid base material.
PHMSA is amending the proper shipping names for ``UN 3151,
Polyhalogenated biphenyls, liquid or Polyhalogenated terphenyls,
liquid'' and ``UN 3152, Polyhalogenated biphenyls, solid or
Polyhalogenated terphenyls, solid'' by adding ``Halogenated
monomethyldiphenylmethanes, liquid'' and ``Halogenated
monomethyldiphenylmethanes, solid,'' respectively. Noting that
halogenated monomethyldiphenylmethanes have similar chemical and
ecotoxicological properties as polychlorinated biphenyls (PCBs) and
polychlorinated terphenyls (PCTs), this revision ensures that they are
considered as PCBs or PCTs for the purposes of transport.
Amendments to Column (3) Hazard Class or Division
Section 172.101(d) describes column (3) of the HMT and the
designation of the hazard class or division corresponding to each
proper shipping name. PHMSA is revising the hazard class of ``UN 3507,
Uranium hexafluoride, radioactive material, excepted package, less than
0.1 kg per package, non-fissile or fissile-excepted,'' from Class 8 to
Division 6.1 and subsequently adding the Class 8 hazard as a subsidiary
hazard label code in column (6). This revision is based on the
precedence provisions for classification of materials possessing more
than one hazard and is consistent with the 19th Revised Edition of the
UN Model Regulations. The presence of a Division 6.1 hazard was
determined following a thorough review of literature and test data on
uranium hexafluoride. A summary of the data and a proposal to revise
the primary hazard class from Class 8 to Division 6.1 was provided in
Working Paper ST/SG/AC.10/C.3/2014/60, which was submitted to the 45th
session of the UN Sub-Committee of Experts on the Transport of
Dangerous Goods (UNSCOE TDG) and is available at http://www.unece.org/fileadmin/DAM/trans/doc/2013/dgac10c3/ST-SG-AC.10-C.3-2014-60e.pdf.
Amendments to Column (6) Label(s)
Section 172.101(g) describes column (6) of the HMT and the labels
required (primary and subsidiary) for specific entries in the HMT.
Data presented to UNSCOE TDG in this last biennium indicated a need
for the addition of a subsidiary hazard of Division 6.1 to be assigned
to ``UN 2815, N-Aminoethylpiperazine,'' ``UN 2977, Radioactive
material, uranium hexafluoride, fissile,'' and ``UN 2978, Radioactive
material, uranium hexafluoride non fissile or fissile-excepted.'' PHMSA
is making appropriate amendments to the HMT to account for these
revisions to the UN Model Regulations.
For the HMT entry, ``UN 3507, Uranium hexafluoride, radioactive
material, excepted package, less than 0.1 kg per package, non-fissile
or fissile-excepted,'' PHMSA is revising the labels for consistency
with the change made to the classification of this material under
amendments to column (3). See discussion in the ``Amendments to column
(3) hazard class or division'' section above. The Class 8 (Corrosive)
primary hazard label is revised to a Division 6.1 primary hazard label
and a Class 8 subsidiary hazard label in addition to the existing Class
7 (Radioactive) subsidiary hazard label to read ``6.1, 7, 8.''
Amendments to Column (7) Special Provisions
Section 172.101(h) describes column (7) of the HMT whereas Sec.
172.102(c) prescribes the special provisions assigned to specific
entries in the HMT. The particular modifications to the entries in the
HMT are discussed below. See ``Section 172.102 special provisions''
below for a detailed discussion of the additions, revisions, and
deletions to the special provisions addressed in this final rule.
New special provision 157 is assigned to the HMT entry
``UN 3527, Polyester resin kit, solid base material.''
New special provision 379 is assigned to the HMT entries
``UN 1005, Ammonia, anhydrous'' and ``UN 3516, Adsorbed gas, toxic,
corrosive, n.o.s.''
In the 19th Revised Edition of the UN Model Regulations,
new special provision 386 was assigned to the four new ``n.o.s.'' HMT
entries for polymerizing substances and to the 52 named substances in
the HMT that polymerize, all of which contain the text ``stabilized''
as part of the proper shipping name, except for ``UN 2383,
Dipropylamine'' (see Table 2 below). This new special provision
includes transport controls to avoid dangerous polymerization reactions
including the use of chemical stabilization or temperature control.
U.S. Amines requested that PHMSA reconsider assigning special provision
387 to Dipropylamine (UN 2383). They further asserted this material
does not pose a polymerization risk and provided safety data sheets and
other associated technical data to substantiate their claim. Based on a
review of the material in question, PHMSA agrees and is not assigning
either special provision 387 or stowage code 25 to this material.
Special provision 387 states that if chemical stabilization becomes
ineffective at lower temperatures within the anticipated duration of
transport, temperature control is required. Special provision 387 goes
on to provide a non-inclusive list of factors to be considered in
determining whether temperature control is necessary, to include an
evaluation of any other relevant factors that may impact the ability of
the chemical stabilizer to perform its function. BAMM & MPA and Dow
stated that they routinely transport stabilized materials in rail cars
where no effective means of temperature control exist. Rail car
shipments of these stabilized materials are made year round and, during
the winter months, are provided to customers and contracted terminals
who have demonstrated they have in place the equipment (i.e., typically
tempered water/glycol systems) and procedures to safely thaw these
monomers before use. BAMM & MPA and Dow requested in their comments
that PHMSA clarify that ``any other relevant factors'' at the close of
special provision 387 can include use of appropriate methods to safely
thaw any shipment that does contain frozen product. The intent of the
proposed requirement for temperature control if chemical stabilization
becomes ineffective at lower temperatures is that it would only apply
if at any point during transportation (including unloading incidental
to movement) the chemical stabilizer would be incapable of performing
its function. Operational controls to ensure a frozen material is
thawed to ensure no polymerizing effect occurs are considered
appropriate other relevant factors for the purposes of determining when
temperature control is required.
BAMM & MPA further requested that PHMSA amend special provision 387
to more clearly indicate that chemical stabilization must be sufficient
to prevent the bulk mean temperature of the package from reaching 50
[deg]C. PHMSA agrees and is making the recommended change.
In this final rule, new special provision 387 (special provision
386 already exists) is assigned to the 51 HMT entries shown in Table 2.
In the absence of further rulemaking actions, this special provision
will sunset two years from the effective date of this
[[Page 15806]]
rulemaking. See the ``Comment Discussion'' section of this document for
further discussion.
Table 2
------------------------------------------------------------------------
Proper shipping name UN No.
------------------------------------------------------------------------
Acrolein dimer, stabilized.............................. UN 2607
Acrolein, stabilized.................................... UN 1092
Acrylic acid, stabilized................................ UN 2218
Acrylonitrile, stabilized............................... UN 1093
Allyl isothiocyanate, stabilized........................ UN 1545
Allyltrichlorosilane, stabilized........................ UN 1724
Bicyclo [2,2,1] hepta-2,5-diene, stabilized or 2,5- UN 2251
Norbornadiene, stabilized..............................
Butadienes, stabilized or Butadienes and Hydrocarbon UN 1010
mixture, stabilized containing more than 40% butadienes
Butyl acrylates, stabilized............................. UN 2348
n-Butyl methacrylate, stabilized........................ UN 2227
Butyl vinyl ether, stabilized........................... UN 2352
1,2-Butylene oxide, stabilized.......................... UN 3022
Chloroprene, stabilized................................. UN 1991
Crotonaldehyde or Crotonaldehyde, stabilized............ UN 1143
Cyanogen chloride, stabilized........................... UN 1589
Diketene, stabilized.................................... UN 2521
Divinyl ether, stabilized............................... UN 1167
Ethyl acrylate, stabilized.............................. UN 1917
Ethyl methacrylate, stabilized.......................... UN 2277
Ethylacetylene, stabilized.............................. UN 2452
Ethyleneimine, stabilized............................... UN 1185
Hydrogen cyanide, stabilized with less than 3 percent UN 1051
water..................................................
Hydrogen cyanide, stabilized, with less than 3 percent UN 1614
water and absorbed in a porous inert material..........
Isobutyl acrylate, stabilized........................... UN 2527
Isobutyl methacrylate, stabilized....................... UN 2283
Isoprene, stabilized.................................... UN 1218
Methacrylaldehyde, stabilized........................... UN 2396
Methacrylic acid, stabilized............................ UN 2531
Methacrylonitrile, stabilized........................... UN 3079
Methyl acetylene and propadiene mixtures, stabilized.... UN 1060
Methyl acrylate, stabilized............................. UN 1919
Methyl isopropenyl ketone, stabilized................... UN 1246
Methyl methacrylate monomer, stabilized................. UN 1247
Methyl vinyl ketone, stabilized......................... UN 1251
Propadiene, stabilized.................................. UN 2200
Propyleneimine, stabilized.............................. UN 1921
Styrene monomer, stabilized............................. UN 2055
Sulfur trioxide, stabilized............................. UN 1829
Tetrafluoroethylene, stabilized......................... UN 1081
Trifluorochloroethylene, stabilized or Refrigerant gas R UN 1082
1113...................................................
Vinyl acetate, stabilized............................... UN 1301
Vinyl bromide, stabilized............................... UN 1085
Vinyl butyrate, stabilized.............................. UN 2838
Vinyl chloride, stabilized.............................. UN 1086
Vinyl ethyl ether, stabilized........................... UN 1302
Vinyl fluoride, stabilized.............................. UN 1860
Vinyl isobutyl ether, stabilized........................ UN 1304
Vinyl methyl ether, stabilized.......................... UN 1087
Vinylidene chloride, stabilized......................... UN 1303
Vinylpyridines, stabilized.............................. UN 3073
Vinyltoluenes, stabilized............................... UN 2618
------------------------------------------------------------------------
New special provision 422 is assigned to the HMT entries
``UN 3480, Lithium ion batteries including lithium ion polymer
batteries''; ``UN 3481, Lithium ion batteries contained in equipment
including lithium ion polymer batteries''; ``UN 3481 Lithium ion
batteries packed with equipment including lithium ion polymer
batteries''; ``UN 3090, Lithium metal batteries including lithium alloy
batteries''; ``UN 3091, Lithium metal batteries contained in equipment
including lithium alloy batteries''; and ``UN3091, Lithium metal
batteries packed with equipment including lithium alloy batteries.''
Special provision 134 is removed from the HMT entry ``UN
3072, Life-saving appliances, not self-inflating containing dangerous
goods as equipment'' and replaced with new special provision 182 as
proposed in the NPRM. In reviewing the assignment of special provision
134 to ``UN 3072'' to make this clarification, PHMSA found that the
provisions of special provision 134 are not assigned to ``UN 3072'' in
any international standard, but rather to the entry for ``UN 3171,
Battery-powered vehicle or Battery-powered equipment.'' Although
special provision 134 does require that equipment powered only by
lithium metal batteries or lithium ion batteries must be consigned
under the entries associated with lithium batteries contained in or
packed with equipment, the rest of special provision 134 is not
applicable
[[Page 15807]]
to ``Life-saving appliances, not self-inflating containing dangerous
goods as equipment.'' As a result, PHMSA is adding a new special
provision 182 applicable only to the HMT entry for ``UN 3072, Life-
saving appliances, not self-inflating containing dangerous goods as
equipment'' to clarify that equipment containing only lithium batteries
must be classified as either lithium batteries contained in or packed
with equipment ``UN 3091'' or ``UN 3481,'' as appropriate.
New special provision A210 is assigned to the new HMT
italicized entries for ``Catecholborane'' and ``1, 3, 2-
Benzodioxaborole.''
New special provision A212 is assigned to the HMT entry
for ``UN 2031, Nitric acid other than red fuming, with more than 20
percent and less than 65 percent nitric acid.''
New special provision B134 is assigned to the Packing
Group (PG) III entries in Table 3 consistent with revisions to the IMDG
Code.
Table 3
------------------------------------------------------------------------
Proper shipping name UN No.
------------------------------------------------------------------------
Aluminum powder, coated................................. UN 1309
Ferrous metal borings or Ferrous metal shavings or UN 2793
Ferrous metal turnings or Ferrous metal cuttings in a
form liable to self-heating............................
Iron oxide, spent, or Iron sponge, spent obtained from UN 1376
coal gas purification..................................
Magnesium or Magnesium alloys with more than 50 percent UN 1869
magnesium in pellets, turnings or ribbons..............
Peroxides, inorganic, n.o.s............................. UN 1483
Titanium sponge granules or Titanium sponge powders..... UN 2878
------------------------------------------------------------------------
New special provision B135 is assigned to the PG III
entries in Table 4 consistent with revisions to the IMDG Code.
Table 4
------------------------------------------------------------------------
Proper shipping name UN No.
------------------------------------------------------------------------
Hafnium powder, dry..................................... UN 2545
Metal catalyst, dry..................................... UN 2881
Metal powder, self-heating, n.o.s....................... UN 3189
Titanium powder, dry.................................... UN 2546
Zirconium powder, dry................................... UN 2008
Zirconium scrap......................................... UN 1932
------------------------------------------------------------------------
Special provision TP1 is changed to TP2 for the following
entries: ``UN 2672, Ammonia solution, 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''; ``UN 2709, Butyl benzenes''; ``UN 2241,
Cycloheptane''; ``UN 1206, Heptanes''; ``UN 1208, Hexanes''; ``UN 2294,
N-Methylaniline''; ``UN 2296, Methylcyclohexane''; ``UN 1920,
Nonanes''; ``UN 1262, Octanes''; ``UN 2368, alpha-Pinene''; ``UN 1272,
Pine oil''; ``UN 2850, Propylene tetramer''; ``UN 2325, 1,3,5-
Trimethylbenzene''; ``UN 2057, Tripropylene''; ``UN 1299, Turpentine'';
and ``UN 1840, Zinc chloride, solution.'' Tank provision TP2 authorizes
a slightly lower degree of filling than TP1. The IMDG Code follows a
guiding principle that assigns TP2 to materials that are marine
pollutants. In a previous harmonization rulemaking [HM-215M; 80 FR 1075
(Jan. 8, 2015)], PHMSA added various hazardous materials to the list of
marine pollutants in appendix B to Sec. 172.101, but both the HMT and
IMDG Code failed to change the TP code from TP1 to TP2 to authorize a
lower degree of filling.
Special provisions T9, TP7, and TP33 are assigned to the
HMT entry ``UN 1415, Lithium.'' This permits UN 1415 for transportation
in UN portable tanks consistent with similar Division 4.3, PG I
materials.
New special provisions W31, W32, W40, and W100 are
assigned to certain water-reactive substances. The special provisions
correspond with special packaging provisions PP31, PP31 ``modified''
(Packing Instruction P403), PP40, and PP100 of the IMDG Code,
respectively. Table 5 contains the changes listed in alphabetical order
and showing the proper shipping name, UN identification number, and the
special provision(s).
Table 5
------------------------------------------------------------------------
Proper shipping name UN No. Addition(s)
------------------------------------------------------------------------
Alkali metal alcoholates, self-heating, UN 3206 W31
corrosive, n.o.s.......................
Alkali metal alloys, liquid, n.o.s...... UN 1421 W31
Alkali metal amalgam, liquid............ UN 1389 W31
Alkali metal amalgam, solid............. UN 3401 W32
Alkali metal amides..................... UN 1390 W31, W40
Alkali metal dispersions, flammable or UN 3482 W31
Alkaline earth metal dispersions,
flammable..............................
Alkali metal dispersions, or Alkaline UN 1391 W31
earth metal dispersions................
Alkaline earth metal alcoholates, n.o.s. UN 3205 W31
Alkaline earth metal alloys, n.o.s...... UN 1393 W31, W40
Alkaline earth metal amalgams, liquid... UN 1392 W31
Alkaline earth metal amalgams, solid.... UN 3402 W32
[[Page 15808]]
Aluminum carbide........................ UN 1394 W31, W40
Aluminum ferrosilicon powder (PG II).... UN 1395 W31, W40
Aluminum hydride........................ UN 2463 W32
Aluminum phosphide...................... UN 1397 W32
Aluminum phosphide pesticides........... UN 3048 W31
Aluminum powder, coated................. UN 1309 W100
Aluminum powder, uncoated............... UN 1396 W31, W40
Aluminum silicon powder, uncoated....... UN 1398 W31, W40
Aluminum smelting by-products or UN 3170 W31, W40
Aluminum remelting by-products (PG II).
Aluminum smelting by-products or UN 3170 W31
Aluminum remelting by-products (PG III)
2-Amino-4,6-Dinitrophenol, wetted with UN 3317 W31
not less than 20 percent water by mass.
Ammonium picrate, wetted with not less UN 1310 W31
than 10 percent water, by mass.........
Arsenic acid, liquid.................... UN 1533 W31
Barium.................................. UN 1400 W31, W40
Barium alloys, pyrophoric............... UN 1854 W31
Barium azide, wetted with not less than UN 1571 W31
50 percent water, by mass..............
Barium cyanide.......................... UN 1565 W31
Barium peroxide......................... UN 1449 W100
Beryllium, powder....................... UN 1567 W100
Boron trifluoride diethyl etherate...... UN 2604 W31
Boron trifluoride dimethyl etherate..... UN 2965 W31
Bromobenzyl cyanides, liquid............ UN 1694 W31
Bromobenzyl cyanides, solid............. UN 3449 W31
Calcium................................. UN 1401 W31, W40
Calcium carbide (PG I).................. UN 1402 W32
Calcium carbide (PG II)................. UN 1402 W31, W40
Calcium cyanamide with more than 0.1 UN 1403 W31, W40
percent of calcium carbide.............
Calcium cyanide......................... UN 1575 W31
Calcium dithionite or Calcium UN 1923 W31
hydrosulfite...........................
Calcium hydride......................... UN 1404 W32
Calcium manganese silicon............... UN 2844 W31
Calcium peroxide........................ UN 1457 W100
Calcium phosphide....................... UN 1360 W32
Calcium, pyrophoric or Calcium alloys, UN 1855 W31
pyrophoric.............................
Calcium silicide (PG II)................ UN 1405 W31
Calcium silicide (PG III)............... UN 1405 W31, W40
Carbon, activated....................... UN 1362 W31
Carbon disulfide........................ UN 1131 W31
Cerium, slabs, ingots, or rods.......... UN 1333 W100
Cerium, turnings or gritty powder....... UN 3078 W31, W40
Cesium or Caesium....................... UN 1407 W32
Chloric acid aqueous solution, with not UN 2626 W31
more than 10 percent chloric acid......
Chlorosilanes, water-reactive, UN 2988 W31
flammable, corrosive, n.o.s............
Chromium trioxide, anhydrous............ UN 1463 W31
Corrosive solids, water-reactive, n.o.s. UN 3096 W100
(PG II)................................
Cyanogen bromide........................ UN 1889 W31
Decaborane.............................. UN 1868 W31
Dinitrophenol, wetted with not less than UN 1320 W31
15 percent water, by mass..............
Dinitrophenolates, wetted with not less UN 1321 W31
than 15 percent water, by mass.........
Dinitroresorcinol, wetted with not less UN 1322 W31
than 15 percent water, by mass.........
Diphenylamine chloroarsine.............. UN 1698 W31
Diphenylchloroarsine, liquid............ UN 1699 W31
Diphenylchloroarsine, solid............. UN 3450 W31
Dipicryl sulfide, wetted with not less UN 2852 W31
than 10 percent water, by mass.........
Ethyldichlorosilane..................... UN 1183 W31
Ferrocerium............................. UN 1323 W100
Ferrosilicon with 30 percent or more but UN 1408 W100
less than 90 percent silicon...........
Ferrous metal borings or Ferrous metal UN 2793 W100
shavings or Ferrous metal turnings or
Ferrous metal cuttings in a form liable
to self-heating........................
Fibers or Fabrics, animal or vegetable UN 1373 W31
or Synthetic, n.o.s. with animal or
vegetable oil..........................
Fish meal, unstabilized or Fish scrap, UN 1374 W31, W40
unstabilized...........................
Hafnium powder, dry..................... UN 2545 W31
Hafnium powder, wetted with not less UN 1326 W31, W40
than 25 percent water (a visible excess
of water must be present) (a)
mechanically produced, particle size
less than 53 microns; (b) chemically
produced, particle size less than 840
microns................................
Iron oxide, spent, or Iron sponge, spent UN 1376 W100
obtained from coal gas purification....
Isocyanates, flammable, toxic, n.o.s. or UN 2478 W31
Isocyanate solutions, flammable, toxic,
n.o.s. flash point less than 23 degrees
C......................................
Lithium................................. UN 1415 W32
Lithium aluminum hydride................ UN 1410 W32
Lithium borohydride..................... UN 1413 W32
Lithium ferrosilicon.................... UN 2830 W31, W40
[[Page 15809]]
Lithium hydride......................... UN 1414 W32
Lithium hydride, fused solid............ UN 2805 W31, W40
Lithium nitride......................... UN 2806 W32
Lithium peroxide........................ UN 1472 W100
Lithium silicon......................... UN 1417 W31, W40
Magnesium aluminum phosphide............ UN 1419 W32
Magnesium diamide....................... UN 2004 W31
Magnesium granules, coated, particle UN 2950 W100
size not less than 149 microns.........
Magnesium hydride....................... UN 2010 W32
Magnesium or Magnesium alloys with more UN 1869 W100
than 50 percent magnesium in pellets,
turnings or ribbons....................
Magnesium peroxide...................... UN 1476 W100
Magnesium phosphide..................... UN 2011 W32
Magnesium, powder or Magnesium alloys, UN 1418 W32
powder (PG I)..........................
Magnesium, powder or Magnesium alloys, UN 1418 W31, W40
powder (PG II).........................
Magnesium, powder or Magnesium alloys, UN 1418 W31
powder (PG III)........................
Magnesium silicide...................... UN 2624 W31, W40
Maneb or Maneb preparations with not UN 2210 W100
less than 60 percent maneb.............
Maneb stabilized or Maneb preparations, UN 2968 W100
stabilized against self-heating........
Mercuric potassium cyanide.............. UN 1626 W31
Metal catalyst, dry..................... UN 2881 W31
Metal catalyst, wetted with a visible UN 1378 W31, W40
excess of liquid.......................
Metal hydrides, flammable, n.o.s. (PG UN 3182 W31, W40
II)....................................
Metal hydrides, flammable, n.o.s. (PG UN 3182 W31
III)...................................
Metal hydrides, water reactive, n.o.s. UN 1409 W32
(PG I).................................
Metal hydrides, water reactive, n.o.s. UN 1409 W31, W40
(PG II)................................
Metal powder, self-heating, n.o.s....... UN 3189 W31
Metal powders, flammable, n.o.s......... UN 3089 W100
Metal salts of organic compounds, UN 3181 W31
flammable, n.o.s.......................
Metallic substance, water-reactive, UN 3208 W32
n.o.s. (PG I)..........................
Metallic substance, water-reactive, UN 3207 W31
n.o.s. (PG II).........................
Metallic substance, water-reactive, UN 3208 W31, W40
n.o.s. (PG III)........................
Metallic substance, water-reactive, self- UN 3209 W32
heating, n.o.s. (PG I and III).........
Metallic substance, water-reactive, self- UN 3209 W32, W40
heating, n.o.s. (PG II)................
Methyldichlorosilane.................... UN 1242 W31
Nitrocellulose, with not more than 12.6 UN 2557 W31
percent nitrogen, by dry mass mixture
with or without plasticizer, with or
without pigment........................
Nitrocellulose with alcohol with not UN 2556 W31
less than 25 percent alcohol by mass,
and with not more than 12.6 percent
nitrogen, by dry mass..................
Nitrocellulose with water with not less UN 2555 W31
than 25 percent water by mass..........
Nitroguanidine, wetted or Picrite, UN 1336 W31
wetted with not less than 20 percent
water, by mass.........................
4-Nitrophenylhydrazine, with not less UN 3376 W31
than 30 percent water, by mass.........
Nitrostarch, wetted with not less than UN 1337 W31
20 percent water, by mass..............
Organometallic substance, liquid, water- UN 3398 W31
reactive...............................
Organometallic substance, liquid, water- UN 3399 W31
reactive, flammable....................
Organometallic substance, solid, water- UN 3395 W31
reactive...............................
Organometallic substance, solid, water- UN 3396 W31
reactive, flammable....................
Organometallic substance, solid, water- UN 3397 W31
reactive, self-heating.................
Osmium tetroxide........................ UN 2471 W31
Paper, unsaturated oil treated UN 1379 W31
incompletely dried (including carbon
paper).................................
Peroxides, inorganic, n.o.s............. UN 1483 W100
9-Phosphabicyclononanes or UN 2940 W31
Cyclooctadiene phosphines..............
Phosphorus heptasulfide, free from UN 1339 W31
yellow or white phosphorus.............
Phosphorus pentasulfide, free from UN 1340 W31, W40
yellow or white phosphorus.............
Phosphorus sesquisulfide, free from UN 1341 W31
yellow or white phosphorus.............
Phosphorus trisulfide, free from yellow UN 1343 W31
or white phosphorus....................
Phosphorus, white dry or Phosphorus, UN 1381 W31
white, under water or Phosphorus white,
in solution or Phosphorus, yellow dry
or Phosphorus, yellow, under water or
Phosphorus, yellow, in solution........
Potassium............................... UN 2257 W32
Potassium borohydride................... UN 1870 W32
Potassium cyanide, solid................ UN 1680 W31
Potassium cyanide solution.............. UN 3413 W31
Potassium dithionite or Potassium UN 1929 W31
hydrosulfite...........................
Potassium, metal alloys, liquid......... UN 1420 W31
Potassium, metal alloys, solid.......... UN 3403 W32
Potassium phosphide..................... UN 2012 W32
Potassium sodium alloys, liquid......... UN 1422 W31
Potassium sodium alloys, solid.......... UN 3404 W32
Potassium sulfide, anhydrous or UN 1382 W31, W40
Potassium sulfide with less than 30
percent water of crystallization.......
Pyrophoric liquids, organic, n.o.s...... UN 2845 W31
Pyrophoric metals, n.o.s., or Pyrophoric UN 1383 W31
alloys, n.o.s..........................
Pyrophoric solid, inorganic, n.o.s...... UN 3200 W31
Pyrophoric solids, organic, n.o.s....... UN 2846 W31
[[Page 15810]]
Rubidium................................ UN 1423 W32
Self-heating liquid, corrosive, UN 3188 W31
inorganic, n.o.s.......................
Self-heating liquid, corrosive, organic, UN 3185 W31
n.o.s..................................
Self-heating liquid, inorganic, n.o.s... UN 3186 W31
Self-heating liquid, organic, n.o.s..... UN 3183 W31
Self-heating liquid, toxic, inorganic, UN 3187 W31
n.o.s..................................
Self-heating liquid, toxic, organic, UN 3184 W31
n.o.s..................................
Self-heating solid, inorganic, n.o.s.... UN 3190 W31
Self-heating solid, organic, n.o.s...... UN 3088 W31
Silver picrate, wetted with not less UN 1347 W31
than 30 percent water, by mass.........
Sodium.................................. UN 1428 W32
Sodium aluminum hydride................. UN 2835 W31, W40
Sodium borohydride...................... UN 1426 W32
Sodium cyanide, solid................... UN 1689 W31
Sodium cyanide solution................. UN 3414 W31
Sodium dinitro-o-cresolate, wetted with UN 3369 W31
not less than 10% water, by mass.......
Sodium dinitro-o-cresolate, wetted with UN 1348 W31
not less than 15 percent water, by mass
Sodium dithionite or Sodium hydrosulfite UN 1384 W31
Sodium hydride.......................... UN 1427 W32
Sodium hydrosulfide, with less than 25 UN 2318 W31
percent water of crystallization.......
Sodium methylate........................ UN 1431 W31
Sodium phosphide........................ UN 1432 W32
Sodium picramate, wetted with not less UN 1349 W31
than 20 percent water, by mass.........
Sodium sulfide, anhydrous or Sodium UN 1385 W31, W40
sulfide with less than 30 percent water
of crystallization.....................
Stannic phosphide....................... UN 1433 W32
Strontium peroxide...................... UN 1509 W100
Strontium phosphide..................... UN 2013 W32
Tear gas substances, liquid, n.o.s...... UN 1693 W31
Tear gas substance, solid, n.o.s........ UN 3448 W31
4-Thiapentanal.......................... UN 2785 W31
Thiourea dioxide........................ UN 3341 W31
Titanium disulphide..................... UN 3174 W31
Titanium hydride........................ UN 1871 W31, W40
Titanium powder, dry.................... UN 2546 W31
Titanium powder, wetted with not less UN 1352 W31, W40
than 25 percent water (a visible excess
of water must be present) (a)
mechanically produced, particle size
less than 53 microns; (b) chemically
produced, particle size less than 840
microns................................
Titanium sponge granules or Titanium UN 2878 W100
sponge powders.........................
Titanium trichloride, pyrophoric or UN 2441 W31
Titanium trichloride mixtures,
pyrophoric.............................
Toxic solids, water-reactive, n.o.s..... UN 3125 W100
Trichlorosilane......................... UN 1295 W31
Trinitrobenzene, wetted, with not less UN 3367 W31
than 10% water, by mass................
Trinitrobenzene, wetted with not less UN 1354 W31
than 30 percent water, by mass.........
Trinitrobenzoic acid, wetted with not UN 3368 W31
less than 10% water by mass............
Trinitrobenzoic acid, wetted with not UN 1355 W31
less than 30 percent water, by mass....
Trinitrochlorobenzene (picryl chloride), UN 3365 W31
wetted, with not less than 10% water by
mass...................................
Trinitrophenol (picric acid), wetted, UN 3364 W31
with not less than 10 percent water by
mass...................................
Trinitrophenol, wetted with not less UN 1344 W31
than 30 percent water, by mass.........
Trinitrotoluene (TNT), wetted, with not UN 3366 W31
less than 10 percent water by mass.....
Trinitrotoluene, wetted or TNT, wetted, UN 1356 W31
with not less than 30 percent water by
mass...................................
Urea nitrate, wetted, with not less than UN 3370 W31
10 percent water by mass...............
Urea nitrate, wetted with not less than UN 1357 W31
20 percent water, by mass..............
Water-reactive liquid, n.o.s............ UN 3148 W31
Water-reactive solid, corrosive, n.o.s. UN 3131 W31
(PG I and III).........................
Water-reactive solid, corrosive, n.o.s. UN 3131 W31, W40
(PG II)................................
Water-reactive solid, flammable, n.o.s. UN 3132 W31
(PG I and III).........................
Water-reactive solid, flammable, n.o.s. UN 3132 W31, W40
(PG II)................................
Water-reactive solid, n.o.s. (PG I)..... UN 2813 W32
Water-reactive solid, n.o.s. (PG II).... UN 2813 W31, W40
Water-reactive solid, n.o.s. (PG III)... UN 2813 W31
Water-reactive solid, self-heating, UN 3135 W31
n.o.s. (PG I and III)..................
Water-reactive solid, self-heating, UN 3135 W31, W40
n.o.s. (PG II).........................
Water-reactive solid, toxic, n.o.s. (PG UN 3134 W31
I and III).............................
Water-reactive solid, toxic, n.o.s. (PG UN 3134 W31, W40
II)....................................
Xanthates............................... UN 3342 W31
Xylyl bromide, liquid................... UN 1701 W31
Zinc ashes.............................. UN 1435 W100
Zinc peroxide........................... UN 1516 W100
Zinc phosphide.......................... UN 1714 W32
Zinc powder or Zinc dust (PG I and III). UN 1436 W31
Zinc powder or Zinc dust (PG II)........ UN 1436 W31, W40
Zirconium hydride....................... UN 1437 W31, W40
[[Page 15811]]
Zirconium, dry, coiled wire, finished UN 2858 W100
metal sheets, strip (thinner than 254
microns but not thinner than 18
microns)...............................
Zirconium, dry, finished sheets, strip UN 2009 W31
or coiled wire.........................
Zirconium picramate, wetted with not UN 1517 W31
less than 20 percent water, by mass....
Zirconium powder, dry................... UN 2008 W31
Zirconium powder, wetted with not less UN 1358 W31, W40
than 25 percent water (a visible excess
of water must be present) (a)
mechanically produced, particle size
less than 53 microns; (b) chemically
produced, particle size less than 840
microns................................
Zirconium scrap......................... UN 1932 W31
------------------------------------------------------------------------
PHMSA received comment from DGAC noting for UN Numbers 1309, 1376,
1390, 1394, 1396, 1400, 1401, 1402 (PG II), 1405, 1417, 1483 (PG III),
1869, 1932, 2545 (PG III), 2546 (PG III), 2624, 2793, 2813 (PG II and
III), 2830, 2878, 2881 (PG III), 3078, 3170, and 3208 (PG II and III),
special provision IP4 was assigned in the regulatory text without
corresponding discussion in the preamble. DGAC is correct that the
assignment of these IP Codes was not discussed in the preamble;
however, this omission was unintentional. The assignment of IP4 to
these HMT entries was a result of aligning the HMR with the water-
reactive packaging provisions for IBCs prescribed in the IMDG Code.
Specifically, the provisions of IP4 are consistent with Special packing
provision B4 of the IMDG Code. Special provision IP4 states,
``Flexible, fiberboard or wooden IBCs must be sift-proof and water-
resistant or be fitted with a sift-proof and water-resistant liner.''
Based on further review of the implementation effects of this issue, a
new special provision IP21, applicable only to vessel transport but
with the same provisions as IP4, is assigned.
PHMSA received one comment from DGAC noting for the entry ``UN
2793'' that special provision IP3 is missing from column (7) in the
proposed HMT. This was an inadvertent omission. Special provision IP3
has been reestablished.
Amendments to Column (9) Quantity Limitations
Section 172.101(j) describes column (9) of the HMT and the quantity
limitations for specific entries. Furthermore, columns (9A) and (9B)
specify the maximum quantities that may be offered for transportation
in one package by passenger-carrying aircraft or passenger-carrying
rail car (column (9A)) or by cargo-only aircraft (column (9B)). The
indication of ``forbidden'' means the material may not be offered for
transportation or transported in the applicable mode of transport.
In this final rule, PHMSA is amending for column (9B) a quantity
limit of 75 kg for ``UN 0501, Propellant, solid, Division 1.4C.''
Previously, column (9B) forbade the transport of UN 0501 by cargo-only
aircraft as proposed in the NPRM. This new quantity limit is consistent
with the authorized quantity limit found in the ICAO Technical
Instructions.
Amendments to Column (10) Vessel Stowage Requirements
Section 172.101(k) explains the purpose of column (10) of the HMT
and prescribes the vessel stowage and segregation requirements for
specific entries. Column (10) is divided into two columns: Column (10A)
[Vessel stowage] specifies the authorized stowage locations on board
cargo and passenger vessels, and column (10B) [Other provisions]
specifies special stowage and segregation provisions. The meaning of
each code in column (10B) is set forth in Sec. 176.84.
Consistent with changes to Amendment 38-16 of the IMDG Code, PHMSA
is making numerous changes to the vessel stowage location codes shown
in column (10A) of the HMT. The majority of these changes are a result
of those made to the IMDG Code to ensure the safe transportation of
substances requiring stabilization when transported by vessel. Table 6
contains the changes listed in alphabetical order and showing the
proper shipping name, UN identification number, current vessel stowage
location code, and new vessel stowage location.
Table 6
----------------------------------------------------------------------------------------------------------------
Current vessel New vessel
Proper shipping name UN No. stowage code stowage code
----------------------------------------------------------------------------------------------------------------
Acrolein dimer, stabilized.................................... 2607 A C
Acrylonitrile, stabilized..................................... 1093 E D
N-Aminoethylpiperazine........................................ 2815 A B
Butyl acrylates, stabilized................................... 2348 A C
n-Butyl methacrylate, stabilized.............................. 2227 A C
Butyl vinyl ether, stabilized................................. 2352 B C
1,2-Butylene oxide, stabilized................................ 3022 B C
Ethyl acrylate, stabilized.................................... 1917 B C
Ethyl methacrylate, stabilized................................ 2277 B C
Isobutyl acrylate, stabilized................................. 2527 A C
Isobutyl methacrylate, stabilized............................. 2283 A C
Isoprene, stabilized.......................................... 1218 E D
Methacrylaldehyde, stabilized................................. 2396 E D
Methyl acrylate, stabilized................................... 1919 B C
Methyl isopropenyl ketone, stabilized......................... 1246 B C
Methyl methacrylate monomer, stabilized....................... 1247 B C
Potassium superoxide.......................................... 2466 E D
Propyleneimine, stabilized.................................... 1921 B D
Radioactive material, uranium hexafluoride non fissile or 2978 A B
fissile-excepted.............................................
[[Page 15812]]
Radioactive material, uranium hexafluoride, fissile........... 2977 A B
Styrene monomer, stabilized................................... 2055 A C
Vinyl acetate, stabilized..................................... 1301 B C
Vinyl butyrate, stabilized.................................... 2838 B C
Vinyl isobutyl ether, stabilized.............................. 1304 B C
Vinylidene chloride, stabilized............................... 1303 E D
Vinyltoluenes, stabilized..................................... 2618 A C
----------------------------------------------------------------------------------------------------------------
With the addition of a Division 6.1 subsidiary hazard to ``UN 2815,
N-Aminoethylpiperazine,'' ``UN 2977, Radioactive material, uranium
hexafluoride, fissile,'' and ``UN 2978, Radioactive material, uranium
hexafluoride non fissile or fissile-excepted,'' PHMSA is adding code
``40,'' which indicates that the material must be stowed clear of
living quarters, to column (10B) for these entries to remain consistent
with the IMDG Code.
As a consequence of adding special provision 387, which addresses
stabilization requirements to 51 existing entries in the HMT that are
identified as requiring such, the IMO amended vessel stowage
requirements for these entries. PHMSA is adding code ``25'' to column
(10B) for the same 51 entries identified in Table 2. We note that the
IMDG Code did not assign stowage provisions equivalent to code ``25''
to ``UN 1167, Divinyl ether, stabilized.'' Stowage code ``25'' requires
these materials to be protected from sources of heat. PHMSA believes
the omission of this stowage requirement in the IMDG Code to be an
oversight, and we are adding stowage code ``25'' to this HMR entry. In
the NPRM, we had proposed assigning stowage code ``25'' to UN 2383,
Dipropylamine, but based on comments received from U.S. Amines
indicating the material is not a polymerizing substance, we are not
adding stowage code ``25'' to this entry. In the absence of further
rulemaking actions, these provisions will sunset two years from the
effective date of this rulemaking. See the ``Comment Discussion''
section of this document for further discussion.
Code ``28'' requires materials to which this code is assigned to be
stowed away from flammable liquids. In this final rule, consistent with
changes to the IMDG Code, PHMSA is removing code ``28'' from column
(10B) for the following HMT entries: ``UN 2965, Boron trifluoride
dimethyl etherate''; ``UN 2988, Chlorosilanes, water-reactive,
flammable, corrosive, n.o.s''; ``UN 1183, Ethyldichlorosilane''; ``UN
1242, Methyldichlorosilane''; ``UN 3490, Toxic by inhalation liquid,
water-reactive, flammable, n.o.s. with an LC50 lower than or equal to
200 ml/m3 and saturated vapor concentration greater than or equal to
500 LC50''; and ``UN 1295, Trichlorosilane.''
PHMSA received comments from two commenters concerning amendments
to column (10). Sean Bevan provided general support for harmonization
in this area, while DGAC provided multiple editorial comments related
to the assignment of various vessel stowage codes. The DGAC comments
are summarized as follows:
``UN 3402, Alkaline earth metal amalgams, solid,'' lists
vessel stowage code ``14'' in column (10B). DGAC believes the code
should be ``148.'' PHMSA agrees and has amended column (10B)
accordingly.
``UN 2968, Maneb stabilized or Maneb preparations,
stabilized against self-heating,'' lists vessel stowage code ``25'' in
column (10B). DGAC states the current entry does not have this code and
there is no discussion in the preamble of the NPRM regarding its
addition. PHMSA agrees that code ``25'' should not have been proposed
in association with this entry and has removed it accordingly.
``UN 3395, Organometallic substance, solid, water-
reactive,'' the PGI entry lists vessel stowage code ``14'' in column
(10B). DGAC believes the code should be ``148.'' PHMSA agrees and has
amended column (10B) accordingly.
``UN 3397, Organometallic substance, solid, water-
reactive, self-heating,'' the PGII and III entries list vessel stowage
code ``14'' in column (10B). DGAC believes the code should be ``148.''
PHMSA agrees and has amended column (10B) accordingly.
``UN 2257, Potassium,'' vessel stowage codes ``13'' and
``148'' do not appear in column (10B). DGAC believes these codes were
inadvertently omitted and should be shown. PHMSA agrees that codes
``13'' and ``148'' should not have been proposed for removal in
association with this entry and has reinserted them into the HMT.
``UN 3367, Trinitrobenzene, wetted, with not less than 10%
water, by mass,'' lists vessel stowage code ``3'' in column (10B). DGAC
believes the code should be ``36.'' PHMSA agrees and has amended column
(10B) accordingly.
``UN1085, Vinyl bromide, stabilized,'' lists stowage
location ``C'' in column (10A). DGAC believes the code should be ``B.''
PHMSA agrees and has amended column (10A) accordingly.
Appendix B to Sec. 172.101:
Appendix B to Sec. 172.101 lists marine pollutants regulated under
the HMR. PHMSA is revising the list of marine pollutants by adding five
new entries to remain consistent with the IMDG Code. These changes
include those substances that were either assigned a ``P'' in the
dangerous goods list or identified in the alphabetical index to
Amendment 38-16 of the IMDG Code--based on review of evaluations for
each individual material, and associated isomers where appropriate,
performed by the Group of Experts on the Scientific Aspects of Marine
Environmental Protection (GESAMP) and the GESAMP defining criteria for
marine pollutants. The following entries are added to the list of
marine pollutants in appendix B to Sec. 172.101: Hypochlorite
solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane;
and Tripropylene. DGAC commented that there already exists an entry in
the list of marine pollutants for ``hexane,'' so there is no need to
add the entry ``hexanes.'' PHMSA agrees and is not adding a duplicative
entry for ``hexanes.'' IVODGA commented with general support for the
addition of these entries.
Section 172.102 special provisions:
Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. In this final
rule, PHMSA is making the following revisions to Sec. 172.102 special
provisions:
Special Provision 40: Special provision 40 prescribes the
criteria for classification of a ``Polyester resin kit.''
[[Page 15813]]
PHMSA is revising special provision 40 by authorizing a polyester resin
kit to contain a Division 4.1 base material consistent with the new HMT
entry ``UN 3527, Polyester resin kit, solid base material, 4.1.''
Special Provision 134: Special provision 134 prescribes
the applicability of the HMT entry ``UN 3171, Battery-powered vehicle
or Battery-powered equipment.'' PHMSA is revising special provision 134
by amending the list of battery-powered vehicle examples to include
trucks, locomotives, bicycles (pedal cycles with an electric motor) and
other vehicles of this type (e.g., self-balancing vehicles or vehicles
not equipped with at least one seating position), and self-propelled
farming and construction equipment. In addition, PHMSA is organizing
the structure of the special provision into paragraph form for ease of
reading. PHMSA received a comment from UPS stating that the amendment
to special provision 134 categorizes hoverboards as battery-powered
vehicles and not lithium batteries contained in equipment. UPS argued
that this classification obscures to carriers the presence of lithium
batteries with no indication in the proper shipping name that lithium
batteries are present and requested that the United Nations reconsider
this amendment during the next biennium. PHMSA notes these concerns and
will consider whether the issue should be reconsidered during the next
UN biennium. In the interest of ensuring proper shipping names utilized
by shippers are consistent in all transport modes, we are adopting the
amendments to special provision 134 as proposed in the NPRM.
Special Provision 135: Special provision 135 specifies
that an internal combustion engine installed in a vehicle must be
consigned to the entries ``Vehicle, flammable gas powered'' or
``Vehicle, flammable liquid powered,'' as appropriate. PHMSA is
revising special provision 135 by clarifying that vehicles powered by
both a flammable liquid and a flammable gas internal combustion engine
must be consigned to the entry ``Vehicle, flammable gas powered.'' In
addition, PHMSA is revising special provision 135 by clarifying that
for the purpose of this special provision, a ``vehicle'' is a self-
propelled apparatus designed to carry one or more persons or goods. A
list of examples is provided.
Special Provision 157: PHMSA is adding new special
provision 157 and assigning it to ``UN 3527, Polyester resin kit, solid
base material.'' The special provision allows the maximum net capacity
for inner packagings of flammable solids in PG II to be increased to no
more than 5 kg (11 pounds) when the material is transported as a
limited quantity.
Special Provision 181: PHMSA is adding new special
provision 181 and assigning it to ``UN 3481, Lithium ion batteries
contained in equipment''; ``UN 3481, Lithium ion batteries packed with
equipment''; ``UN 3091, Lithium metal batteries contained in
equipment''; and ``UN 3091, Lithium metal batteries packed with
equipment.'' The special provision specifies that when lithium cells or
batteries packed with equipment and lithium cells or batteries
contained in equipment are packed in the same package, the shipping
paper (if used) and the package must use the ``packed with'' proper
shipping name and UN number. Further, all packaging requirements
applicable to both proper shipping names must be met and the total mass
of cells or batteries in the package must not exceed the quantity
limits specified in columns (9A) and (9B), as applicable.
Special Provision 182: PHMSA is adding new special
provision 182 and assigning it to ``UN 3072, Life-saving appliances,
not self-inflating containing dangerous goods as equipment'' to clarify
that equipment containing only lithium batteries must be classified as
either UN 3091 or UN 3481, as appropriate.
Special Provision 238: Special provision 238 addresses the
shipment of neutron radiation detectors. PHMSA is revising special
provision 238 to align with the UN Model Regulations special provision
373 by permitting the packaging to contain ``absorbent'' or
``adsorbent'' material where the previous requirement permitted
``absorbent'' material only.
Special Provision 369: Special provision 369 prescribes
classification criteria, consignment instructions and transport
conditions for ``UN 3507, Uranium hexafluoride, radioactive material,
excepted package, less than 0.1 kg per package, non-fissile or fissile-
excepted.'' PHMSA is revising special provision 369 in conjunction with
revising the primary classification for UN 3507 from Class 8 to
Division 6.1. Specifically, PHMSA is clarifying that this radioactive
material in an excepted package possessing toxic and corrosive
properties is classified in Division 6.1 with radioactive and corrosive
subsidiary risks.
Special Provision 379: PHMSA is adding new special
provision 379 and assigning it to the HMT entries ``UN 1005, Ammonia,
anhydrous'' and ``UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.''
This special provision is applicable to ammonia dispensers containing
adsorbed ammonia, which are used to reduce polluting nitrogen oxide
emissions from automobiles. The UN Sub-Committee found that the
substance contained in the receptacles did not meet any criteria for
classification in the Model Regulations, but it acknowledged that the
substance did fit the recent definition of an adsorbed gas. Based on
the stability of adsorption under normal transport conditions, an
exception for these dispensers was adopted subject to appropriate
packaging conditions. These materials are normally forbidden for
transport by air on passenger-carrying and cargo-only aircraft;
however, consistent with the ICAO Technical Instructions, PHMSA is
authorizing them on cargo-only aircraft subject to the transport
conditions prescribed in the special provision with additional approval
of the Associate Administrator.
Special Provision 387: PHMSA is adding new special
provision 387 and assigning it to the four new ``n.o.s.'' polymerizing
substance HMT entries and to the 52 existing HMT entries that are
identified as requiring stabilization. This special provision sets
forth the transport conditions when stabilization, or prevention of
polymerization, is provided through the use of a chemical inhibitor.
When a substance is stabilized via use of a chemical inhibitor, it is
important to ensure that the level of stabilization is sufficient to
prevent the onset of a dangerous reaction under conditions normally
incident to transportation. This special provision requires a
determination that the degree of chemical stabilization employed at the
time the package, IBC, or tank is offered for transport must be
suitable to ensure that the sustained bulk mean temperature of the
substance in the package, IBC, or tank will not exceed 50 [deg]C (122
[deg]F), under conditions normally incident to transportation. The
special provision also specifies that temperature control is required
at the point where chemical stabilization becomes ineffective at lower
temperatures within the anticipated duration of transport. Consistent
with the ICAO Technical Instructions, PHMSA is clarifying in special
provision 387 that these substances are forbidden for transport by air
when temperature control is required. U.S. Amines requests that PHMSA
reconsider assigning special provision 387 to Dipropylamine (UN 2383),
further asserting that this material does not pose a polymerization
risk. They provided safety data sheets and other associated technical
data to substantiate the claim. Based on a
[[Page 15814]]
review of the technical information provided and the physical
properties of the substance in question, PHMSA agrees and is not
assigning special provision 387 to this substance. In the absence of
further rulemaking actions, this provision will sunset two years from
the effective date of this rulemaking. See the ``Comment Discussion''
section of this document for further discussion.
Special Provision 420: PHMSA is adding new special
provision 420 and assigning it to the HMT entry ``UN 2000, Celluloid.''
This special provision states that table tennis balls are not subject
to the requirements of the HMR. The 19th Revised Edition of the UN
Model Regulations includes a special provision assigned to ``UN 2000,
Celluloid'' that excepts table tennis balls made of celluloid from the
requirements of the Model Regulations if the total net mass of each
table tennis ball does not exceed 3 grams and the net mass of table
tennis balls does not exceed 500 grams per package. In the NPRM, PHMSA
discussed not including this special provision (see Section V,
``Amendments Not Being Considered for Adoption in This NPRM'') as it is
unnecessary based on our position--as stated in the letter of
interpretation (Ref. No. 14-0141)--that table tennis balls are not
subject to the requirements of the HMR and that the ``UN 2000,
Celluloid'' entry only applies when the material is in a pre-
manufactured state (i.e., blocks rod, rolls, sheets, tubes, etc.).
PHMSA received three comments from COSTHA, DGAC, and IVODGA requesting
that PHMSA reconsider the position to omit the special provision. DGAC
specifically commented that while they fully agree with PHMSA's view
that celluloid table tennis balls are not subject to the HMR and that
the HMT entry ``UN 2000, Celluloid'' only applies when celluloid is in
a pre-manufactured state, this position is not universally held by
other governmental transport authorities. The commenters asserted that
while the letter of interpretation is helpful, as it is not formally
included in the HMR, including a special provision stating that table
tennis balls are not subject to the HMR would be beneficial. PHMSA
agrees with the commenters that adding a special provision to clarify
table tennis balls are not subject to the requirements of the HMR is
warranted and may lead to a reduction in the number of shipments
rejected or frustrated by carriers. The special provision 420 added in
this final rule differs from special provision 383 of the Model
Regulations in that it excepts articles manufactured of celluloid, such
as table tennis balls, without a limit on the size of the ball or the
quantity per package.
Special Provision 421: PHMSA is adding new special
provision 421 and assigning it to the four new polymerizing substance,
n.o.s. entries. This special provision is added to indicate that after
January 2, 2019 shipments may not be offered for transportation under
these basic descriptions. This special provision is added as a result
of sunset provisions for polymerizing substance amendments. See the
``Comment Discussion'' section of this document for a discussion on the
sunset provision.
Special Provision 422: PHMSA is adding new special
provision 422 and assigning it to the following HMT entries: ``UN 3480,
Lithium ion batteries including lithium ion polymer batteries''; ``UN
3481, Lithium ion batteries contained in equipment including lithium
ion polymer batteries''; ``UN 3481, Lithium ion batteries packed with
equipment including lithium ion polymer batteries''; ``UN 3090, Lithium
metal batteries including lithium alloy batteries''; ``UN 3091, Lithium
metal batteries contained in equipment including lithium alloy
batteries''; and ``Lithium metal batteries packed with equipment
including lithium alloy batteries.'' Special provision 422 states that
the new lithium battery Class 9 label shown in Sec. 172.447 is to be
used for packages containing lithium batteries that require labels.
Consistent with the UN Model Regulations, PHMSA is providing a
transition period that would authorize labels conforming to
requirements in place on December 31, 2016 to continue to be used until
December 31, 2018. Class 9 placards, when used, must conform to the
existing requirements in Sec. 172.560.
Special Provision A210: PHMSA is adding new special
provision A210 and assigning it to the new italicized HMT entries
``Catecholborane'' and its synonym ``1, 3, 2-Benzodioxaborole.''
Consistent with the ICAO Technical Instructions, this special provision
clarifies that this substance is forbidden for transport by air and may
only be transported on cargo-only aircraft with the approval of the
Associate Administrator.
Special Provision A212: PHMSA is adding new special
provision A212 and assigning it to the to the HMT entry ``UN 2031,
Nitric acid other than red fuming, with more than 20 percent and less
than 65 percent nitric acid.'' Consistent with the ICAO Technical
Instructions, this special provision allows sterilization devices
containing nitric acid conforming to the conditions in the special
provision to be offered for transportation by passenger-carrying
aircraft irrespective of column (9A) of the Sec. 172.101 HMT listing
the material as forbidden.
Special Provision B134: PHMSA is adding new special
provision B134 and assigning it to UN Numbers 1309, 1376, 1483, 1869,
2793, and 2878. This special provision states that when in Large
Packagings offered for transport by vessel, flexible or fiber inner
packages containing these materials would need to be sift-proof and
water-resistant, or fitted with a sift-proof and water-resistant liner.
Consistent with the IMDG Code, these provisions will increase the
ability of these packages to perform their containment function and
reduce the likelihood of a fire on board cargo vessels when used to
transport substances that either generate large amounts of heat or give
off flammable or corrosive toxic gases on contact with water or
moisture.
Special Provision B135: PHMSA is adding new special
provision B135 and assigning it to UN Numbers 1932, 2008, 2545, 2546,
2881, and 3189. This special provision states that when in Large
Packagings offered for transport by vessel, flexible or fiber inner
packages containing these materials would need to be hermetically
sealed. Consistent with the IMDG Code, these provisions will increase
the ability of these packages to perform their containment function and
reduce the likelihood of a fire on board cargo vessels when used to
transport substances that either generate large amounts of heat or give
off flammable or corrosive toxic gases on contact with water or
moisture.
IP Code 19: PHMSA is adding a new IP Code 19 and assigning
it to UN 3531, UN 3532, UN 3553, and UN 3534. Consistent with
international regulations, this special provision requires that IBCs
are designed and constructed to permit the release of gas or vapor,
thereby preventing a build-up of pressure that could rupture the IBCs
in the event of loss of stabilization.
IP Code 21: PHMSA is adding a new IP Code 21 and assigning
it to UN Numbers 1309, 1376, 1390, 1394, 1396, 1400, 1401, 1402 (PG
II), 1405, 1417, 1483 (PG III), 1869, 1932, 2545 (PG III), 2546 (PG
III), 2624, 2793, 2813 (PG II and III), 2830, 2878, 2881 (PG III),
3078, 3170, and 3208 (PG II and III). Consistent with the IMDG Code,
this special provision requires that flexible, fiberboard, or wooden
IBCs must be sift-proof and water-resistant or be fitted with a sift-
proof and water-resistant liner.
[[Page 15815]]
Special Provision N90: Special provision N90 is assigned
to the HMT entry ``UN 3474, 1-Hydroxybenzotriazole, monohydrate'' and
prohibits the use of metal packages. Consistent with the UN Model
Regulations, PHMSA is revising special provision N90 by clarifying that
the prohibition of metal packages does not include packagings
constructed of other material with a small amount of metal (e.g., metal
closures or other metal fittings). However, packagings constructed with
a small amount of metal must be designed such that the hazardous
material does not contact the metal.
Special Provision N92: PHMSA is adding special provision
N92 to the four new polymerizing substance, n.o.s. entries. This
special provision requires packages that are utilized for the
transportation of polymerizing substances to be designed and
constructed to permit the release of gas or vapor to prevent a build-up
of pressure that could rupture the packagings in the event of loss of
stabilization.
Special Provision W31: PHMSA is adding new special
provision W31 and assigning it to the 155 HMT entries identified in
Table 5 in the ``Amendments to column (7) special provisions'' section
of this rulemaking. With the addition of this special provision, PHMSA
is requiring packages assigned as such to be hermetically sealed when
offered for transportation by vessel.
The addition of W31 to these commodities harmonizes the HMR with
changes made in Amendment 38-16 of the IMDG Code, as well as the
transportation requirements of the HMR with the IMDG Code for other
commodities where they were not previously harmonized. The IMDG Code
has had provisions in place equivalent to proposed W31 (PP31) for
certain commodities since at least 1998.\5\ Other hazardous materials
regulations (ICAO Technical Instructions, HMR, and UN Model
Regulations) do not currently contain provisions similar to W31.
Amendment 38-16 of the IMDG Code is adding this hermetically sealed
packaging requirement to 15 entries in its Dangerous Goods List (some
with multiple packing groups).
---------------------------------------------------------------------------
\5\ These provisions have potentially been in place before 1998.
PHMSA reviewed hard copy IMDG Codes dating back to 1998 but was
unable to locate the origin of these provisions.
---------------------------------------------------------------------------
The amendments would reduce the risk of fire on board cargo vessels
carrying hazardous materials that can react dangerously with the ship's
available water and carbon dioxide fire extinguishing systems. Some of
the hazardous materials for which PHMSA is amending the vessel
transportation packaging requirements react with water or moisture
generating excessive heat or releasing toxic or flammable gases. Common
causes for water entering into the container are: Water entering
through ventilation or structural flaws in the container; water
entering into the containers placed on deck or in the hold in heavy
seas; and water entering into the cargo space upon a ship collision or
leak. If water has already entered the container, the packaging is the
only protection from a potential fire.
In this final rule, PHMSA is strengthening the ability of these
packages transporting water-reactive substances. PHMSA received one
comment from DGAC noting that the proposed text for W31 would apply to
both ``non-bulk'' and ``bulk'' packagings as defined in the HMR. DGAC
commented that the analogous special provision in IMDG code (PP31) only
applies to what the HMR defines as ``non-bulk'' packagings. As a
result, DGAC requested that special provision W31 be limited in its
applicability to ``non-bulk'' packagings. PHMSA agrees with DGAC, and
in this final rule, special provision W31 is added with applicability
limited to non-bulk packagings.
Special Provision W32: PHMSA is adding new special
provision W32 and assigning it to 38 HMT entries identified in Table 5
in the ``Amendments to column (7) special provisions'' section of this
rulemaking. With the addition of this special provision, PHMSA is
requiring packages assigned this special provision to be hermetically
sealed, except for solid fused material, when offered for
transportation by vessel. The 38 entries to which this addition is made
are already required to be packaged in this manner in accordance with
the IMDG Code through a modified PP31 (when compared to the PP31
mentioned in the W31 discussion above) assigned to various packing
instructions. See the comments in the W31 discussion above for more
discussion on the reasons for this amendment.
Special Provision W40: PHMSA is adding new special
provision W40 and assigning it to 38 HMT entries identified in Table 5
in the ``Amendments to column (7) special provisions'' section of this
rulemaking. With the addition of this special provision, PHMSA is
prohibiting the use of non-bulk bags when offered for transportation by
vessel. See the comments in the W31 discussion above for more
discussion on the reasons for this amendment.
Special Provision W100: PHMSA is adding new special
provision W100 and assigning it to 27 HMT entries identified in Table 5
in the ``Amendments to column (7) special provisions'' section of this
rulemaking. With the addition of this special provision, PHMSA is
requiring non-bulk flexible, fiberboard, or wooden packagings that are
assigned this special provision to be sift-proof and water-resistant,
or to be fitted with a sift-proof and water-resistant liner. These
amendments are intended to ensure that water-reactive materials
transported by vessel are in packages that provide an appropriate level
of protection from the ingress of water. See the comments in the W31
discussion above for more discussion on the reasons for this amendment.
Section 172.202
Section 172.202 details the requirements for the description of
hazardous materials on shipping papers. PHMSA received a comment from
COSTHA requesting an amendment to the transportation description
requirements for consumer commodities offered for transportation by
aircraft. COSTHA stated the notification of the pilot-in-command is
created using information provided on the shipping papers and requested
PHMSA allow a shipper offering consumer commodities to show on the
shipping paper either the actual gross mass of each package or the
average gross mass of all packages in the consignment. PHMSA agrees
with COSTHA that without the consequential amendment they proposed in
their comment, it would be difficult for airlines to implement our
change to Sec. 175.33 as proposed in the NPRM. Therefore, we are
adding a new paragraph (a)(6)(viii) to provide an allowance for
shippers of consumer commodities to show on the shipping paper either
the actual gross mass of each package or the average gross mass of all
packages in the consignment.
Section 172.407
Section 172.407 prescribes specifications for labels. On January 8,
2015, PHMSA published a final rule [Docket No. PHMSA-2013-0260 (HM-
215M); 80 FR 1075] that required labels to have a solid line forming
the inner border 5 mm from the outside edge of the label and a minimum
line width of 2 mm. Transitional exceptions were provided allowing
labels authorized prior to this rulemaking to be used until December
31, 2016.
The rulemaking authorized a reduction in label dimensions and
[[Page 15816]]
features if the size of the packaging so requires. This allowance for
reduction in label dimensions, consistent with the requirements for
standard size labels, was contingent on the solid line forming the
inner border remaining 5 mm from the outside edge of the label and the
minimum width of the line remaining 2 mm. PHMSA has become aware that
maintaining these inner border size requirements, while reducing the
size of other label elements, may potentially result in the symbols on
the reduced size labels no longer being identifiable. Consequently, we
are revising paragraph (c)(i) to remove the existing inner border size
requirements for reduced dimension labels and authorizing the entire
label to be reduced proportionally.
In the same January 8, 2015 final rule, PHMSA authorized the
continued use of a label in conformance with the requirements of this
paragraph in effect on December 31, 2014, until December 31, 2016.
PHMSA has been made aware that the transition period provided may not
be sufficient to allow the regulated community to implement necessary
changes to business practices or to deplete inventories of previously
authorized labels. PHMSA is extending the transition date provided in
paragraph (c)(1)(iii) until December 31, 2018 for domestic
transportation in order to provide additional time for implementation
and depletion of existing stocks of labels. PHMSA received a comment of
support for this amendment from Arkema Inc. and is adopting this
transition date as proposed.
Section 172.447
PHMSA is creating a new section containing a new Class 9 hazard
warning label for lithium batteries. The label consists of the existing
Class 9 label with the addition of a figure depicting a group of
batteries with one broken and emitting a flame in the lower half. This
label will appear on packages containing lithium batteries required to
display hazard warning labels and is intended to better communicate the
specific hazards posed by lithium batteries. This action is consistent
with the most recent editions of the UN Model Regulations, the ICAO
Technical Instructions, and the IMDG Code. Packages of lithium
batteries displaying the existing Class 9 label may continue to be used
until December 31, 2018. We are adopting this transition period to
allow shippers time to exhaust existing stocks of labels and pre-
printed packagings. However, we are not adopting any modifications to
the existing Class 9 placard or the creation of a Class 9 placard
specifically for cargo transport units transporting lithium batteries.
PHMSA received a comment from UPS providing support for this amendment.
Section 172.505
Section 172.505 details the transport situations that require
subsidiary placarding. Uranium hexafluoride is a volatile solid that
may present both chemical and radiological hazards. It is one of the
most highly soluble industrial uranium compounds and, when airborne,
hydrolyzes rapidly on contact with water to form hydrofluoric acid (HF)
and uranyl fluoride (UO2F2).\6\
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\6\ https://www.epa.gov/sites/production/files/2014-11/documents/tsd58.pdf.
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As previously discussed in the review of changes to Sec. 172.102,
the UN Sub-Committee determined it necessary that a 6.1 subsidiary
hazard be added to the Dangerous Goods List of uranium hexafluoride
entries. Currently, in addition to the radioactive placard that may be
required by Sec. 172.504(e), each transport vehicle, portable tank, or
freight container that contains 454 kg (1,001 pounds) or more gross
weight of non-fissile, fissile-excepted, or fissile uranium
hexafluoride must be placarded with a corrosive placard on each side
and each end. PHMSA is adding a requirement for these shipments
currently requiring corrosive subsidiary placards to also placard with
6.1 poison or toxic placards.
Part 173
Section 173.4a
Section 173.4a prescribes transportation requirements for excepted
packages. In this final rule, consistent with changes to the UN Model
Regulations, PHMSA is amending paragraph (e)(3) to allow required
absorbent materials to be placed in either the intermediate or outer
packaging.
Section 173.9
Section 173.9 prescribes requirements for the fumigant marking. In
this final rule, PHMSA is amending Sec. 173.9 to require that the
fumigant marking and its required information are capable of
withstanding a 30-day exposure to open weather conditions. This
requirement is consistent with the survivability requirements for
placards found in Sec. 172.519. Therefore, we are making amendments to
this section consistent with the survivability requirements for
placards as proposed in the NPRM.
Section 173.21
Section 173.21 describes situations in which the offering for
transport or transportation of materials or packages is forbidden.
Examples include materials designated as ``Forbidden'' in column (3) of
the HMT; electrical devices that are likely to generate sparks and/or a
dangerous amount of heat; and materials that are likely to decompose or
polymerize and generate dangerous quantities of heat or gas during
decomposition or polymerization. In Sec. 173.21, PHMSA is lowering the
temperature threshold at which a polymerizing substance is forbidden
for transport, unless the material is stabilized or inhibited, from 54
[deg]C (130 [deg]F) to 50 [deg]C (122 [deg]F) and amending the table in
paragraph (f)(1) to accommodate the specific temperature controls
applicable to polymerizing substances. This 50 [deg]C (122 [deg]F)
temperature is consistent with existing requirements for Division 4.1
(self-reactive) and Division 5.2 (Organic peroxide) hazardous
materials, as well as the 19th Revised Edition of UN Model Regulations
for the transport of polymerizing substances in packages and IBCs,
which requires temperature control in transport if the SAPT is 45
[deg]C (113 [deg]F) only for polymerizing substances offered for
transport in portable tanks.
PHMSA received comments from DGAC and Dow proposing an editorial
amendment to paragraph (f) to distinguish between a material that is
likely to decompose with a self-accelerated decomposition temperature
and a material that will polymerize. PHMSA agrees with the commenters
and is revising paragraph (f) to clarify that materials with a SADT
decompose and those with a SAPT polymerize. Additionally, PHMSA
received a comment from Arkema Inc. asking if there are equivalent or
alternative test methods that may be utilized other than the four test
methods described in Part II of the UN Manual of Tests and Criteria for
determining classification as a polymerizing substance. The only tests
authorized to determine SAPT in Sec. 173.21 are the Test Series H
tests described in Part II of the UN Manual of Tests and Criteria.
We are not adopting a different temperature threshold before
temperature control is required for portable tanks transporting
polymerizing substances. At this time, we believe there is not
sufficient data to support a different threshold for polymerizing
substances in portable tanks.
[[Page 15817]]
PHMSA received comments from BAMM & MPA, Deltech Corporation, and
DGAC concerning our proposal to maintain a minimum SAPT temperature of
50 [deg]C for portable tanks versus the internationally adopted 45
[deg]C. The commenters cited PHMSA's failure to harmonize in the past
for transport provisions applicable to self-reactive materials and
organic peroxides, as well as potential non-compliance concerns for
imported materials that were evaluated and offered for transport at
different temperatures than the proposal would require in the HMR.
PHMSA continues to maintain that 50 [deg]C is the maximum temperature
reasonably expected to be experienced by any self-reactive, organic
peroxide, and/or polymerizing substance. This 50 [deg]C (122 [deg]F)
temperature is consistent with existing requirements for Division 4.1
(self-reactive) and Division 5.2 (organic peroxide) hazardous
materials. In the absence of further rulemaking actions, these
provisions will sunset two years from the effective date of this
rulemaking. See the ``Comment Discussion'' section of this document for
a discussion on the sunset provision. See the ``Comment Discussion''
section of this document for full discussion.
Section 173.40
Section 173.40 provides general packaging requirements for toxic
materials packaged in cylinders. In this final rule, PHMSA is revising
paragraph (a)(1) to clarify that TC, CTC, CRC, and BTC cylinders
authorized in Sec. 171.12, except for acetylene cylinders, may be used
for toxic materials. PHMSA received a comment from COSTHA stating that
the current Sec. 173.40(a)(1) prohibits acetylene cylinders and non-
refillable cylinders from carrying toxic by inhalation gases, and that
``non-refillable cylinders'' seem to have been inadvertently deleted
from the proposed regulatory text in the NPRM. PHMSA agrees and is
adding non-refillable cylinders to this prohibition in paragraph
(a)(1).
Section 173.50
Section 173.50 provides definitions for the various divisions of
Class 1 (Explosive) materials referenced in part 173, subpart C.
Paragraph (b) of this section notes that Class 1 (Explosive) materials
are divided into six divisions and that the current definition of
Division 1.6 states that ``this division comprises articles which
contain only extremely insensitive substances.'' PHMSA is amending the
definition of Division 1.6 to note that the division is made up of
articles that predominately contain extremely insensitive substances.
Consistent with the recent changes to the UN Model Regulations, the new
definition means that an article does not need to contain solely
extremely insensitive substances to be classified as a Division 1.6
material.
Section 173.52
Section 173.52 contains descriptions of classification codes for
explosives assigned by the Associate Administrator. These compatibility
codes consist of the division number followed by the compatibility
group letter. Consistent with changes proposed to Sec. 173.50 and
those made in the UN Model Regulations, PHMSA is amending the
descriptive text for the 1.6N classification code entry in the existing
table in this section to indicate that these explosives are articles
predominantly containing extremely insensitive substances.
Section 173.62
Section 173.62 provides specific packaging requirements for
explosives. Consistent with the UN Model Regulations, PHMSA is revising
Sec. 173.62 relating to specific packaging requirements for
explosives.
In paragraph (b), in the Explosives Table, the entry for ``UN 0510,
Rocket motors'' is added and assigned Packing Instruction 130
consistent with other rocket motor entries.
In paragraph (c), in the Table of Packing Methods, Packing
Instruction 112(c) is revised by adding a particular packaging
requirement applicable to UN 0504 requiring that metal packagings must
not be used. It is also clarified that the prohibition of metal
packagings does not include packagings constructed of other material
with a small amount of metal (e.g., metal closures or other metal
fittings). Packing Instruction 114(b) is revised to clarify in the
particular packaging requirement applicable to UN 0508 and UN 0509 that
the prohibition of metal packagings does not include packagings
constructed of other material with a small amount of metal (i.e., metal
closures or other metal fittings). Packing Instruction 130 is revised
by adding UN 0510 to the list of large and robust explosives articles
that may be transported unpackaged. PHMSA received a comment from Brent
Knoblett asking if a rocket motor could be classified as a 1.4C article
and qualify as large and robust. Given weight to power ratios, it is
unlikely that a rocket motor would have the minimal energetics that
would lead to a Division 1.4C classification. However, in the interest
of harmonization and the inability to rule out the possibility of a
large and robust rocket motor meeting the criteria for classification
as a 1.4C article, PHMSA is adopting this unpackaged article
authorization as proposed.
PHMSA is adding UN 0502 to Packing Instruction P130. This addition
corrects an existing error in the HMR. Packing Instruction 130 is
referenced for UN 0502 but contains no mention of UN 0502 in the actual
instruction. In the NPRM, we proposed amending Packing Instruction 137
by amending the particular packaging instruction applicable to UN
Numbers 0059, 0439, 0440, and 0441 by replacing the marking requirement
``THIS SIDE UP'' with a reference to the package orientation marking
prescribed in Sec. 172.312(b). PHMSA received comments from COSTHA,
DOD, and IME noting that Sec. 172.312(b) only provides a limitation on
the use of orientation arrows and does not provide details for the
manner in which they are to be displayed. PHMSA agrees that the
paragraph referenced in the NPRM does not provide shippers of shape
charges with an indication of the appropriate marking. Therefore, in
this final rule, we are changing the reference to orientation markings
meeting the requirements of Sec. 172.312(a)(2).
Section 173.121
Section 173.121 provides criteria for the assignment of packing
groups to Class 3 materials. Paragraph (b)(1)(iv) provides criteria for
viscous flammable liquids of Class 3--such as paints, enamels, lacquers
and varnishes--to be placed in PG III on the basis of their viscosity,
coupled with other criteria. In this final rule and consistent with the
changes to the UN Model regulations, PHMSA is amending paragraph
(b)(1)(iv) to include additional viscosity criteria that can be used as
an alternative where a flow cup test is unsuitable. PHMSA received a
comment from the ACA providing support for this amendment.
Section 173.124
Section 173.124 outlines defining criteria for Divisions 4.1
(Flammable solid), 4.2 (Spontaneously combustible), and 4.3 (Dangerous
when wet material). Division 4.1 (Flammable solid) includes
desensitized explosives, self-reactive materials, and readily
combustible solids. The UN Model Regulations adopted amendments to
include polymerizing materials to the list of materials that meet the
definition of Division 4.1. Transport conditions for polymerizing
materials are not new under the HMR.
PHMSA received questions from Arkema Inc., BAMM & MPA, and Dow
about exclusions from classification as
[[Page 15818]]
polymerizing substances for combustible liquids and Class 9 substances.
These commenters further asked about testing requirements for materials
currently identified in the HMT that may also polymerize and requested
clarification that--as proposed in the NPRM--it would not be necessary
to offer materials meeting the definition of a combustible liquid and a
polymerizing substance as a polymerizing substance. Arkema Inc. and
BAMM & MPA similarly asked if substances meeting the definitions of
Class 9 and polymerizing substances need to be offered as a
polymerizing substance. The definition of polymerizing substance
adopted by the UN Model Regulations excludes substances that meet the
criteria for inclusion in Classes 1-8. In the NPRM, we proposed to
exclude all materials that meet the definition of any other hazard
class. To further harmonize the HMR definition of polymerizing
substances with that found in the Model Regulations, PHMSA is amending
Sec. 173.124(a)(4)(iii) to exclude substances that meet the criteria
for inclusion in Classes 1-8, including combustible liquids. It is our
belief that polymerizing substances that also meet the definition of
Class 9 would be limited to environmentally hazardous substances. Much
like the UN, we believe that the polymerizing properties of these
materials should take precedence in the identification of these
materials and that the applicable additional description elements
(i.e., marine pollutant or ``RQ'' for hazardous substance) should be
appropriately identified by shippers. Substances that meet the defining
criteria for combustible liquids and polymerizing substances are only
required to be offered for transportation as a combustible liquid.
Section 173.21 presently contains approval provisions for the
transport of polymerizing materials. Unlike the present HMR
requirements, the classification requirements adopted in the UN Model
Regulations do not require testing to determine the rate of vapor
production when heated under confinement. This rate should be the
deciding factor when determining whether a polymerizing substance
should be authorized for transportation in an IBC or portable tank.
PHMSA is adding polymerizing materials to the list of materials that
meet the definition of Division 4.1 with the additional requirement
that that polymerizing substances are only authorized for transport if
they pass the UN Test Series E at the ``None'' or ``Low'' level when
tested for heating under confinement, or other equivalent test methods.
Specifically, we are adding a new paragraph (a)(4) that defines
polymerizing materials generally and specifies defining criteria.
Polymerizing materials are materials that are liable to undergo an
exothermic reaction resulting in the formation of polymers under
conditions normally encountered in transport. Additionally,
polymerizing materials in Division 4.1 have a self-accelerating
polymerization temperature of 75 [deg]C (167[emsp14][deg]F) or less;
have an appropriate packaging determined by successfully passing the UN
Test Series E at the ``None'' or ``Low'' level or by an equivalent test
method; exhibit a heat of reaction of more than 300 J/g; and do not
meet the definition of any other hazard class. PHMSA received questions
from Arkema Inc. and Dow requesting clarification that for materials
specifically listed by name in the HMT no testing is required to
determine SAPT or appropriate transport provisions. Additionally,
Arkema Inc. requested PHMSA more closely align our definition with that
in the UN Model Regulations by including the phrase ``which, without
stabilization'' in paragraph (a). Arkema Inc. and Dow are correct in
their understanding that for materials specifically identified in the
HMT by name (including n.o.s. entries) no additional testing is
required to determine if the material is polymerizing. PHMSA agrees
that the text as noted by Arkema Inc. is helpful in determining the
applicability of the defining criteria for polymerizing substances and
is making the recommended change to the definition of polymerizing
substances.
PHMSA received comments from Arkema Inc., BAMM & MPA, Deltech, and
DGAC raising concerns over PHMSA's proposal to require polymerizing
substances intended to be transported in portable tanks or IBCs to
undergo the Test Series E heating under confinement testing from the UN
Manual of Tests and Criteria. The commenters stated that when
polymerizing substances react in the test apparatus they often clog its
orifice. They further stated this testing leads to unreliable, overly
conservative results that suggest the material under test poses a
greater hazard from heating under confinement than it actually does.
Additionally, the commenters requested PHMSA align with the
international approach for testing these substances, which only
requires testing the substances under Test Series H to determine the
substances SAPT.
While testing in accordance with UN Series E does present
difficulties, this testing has been performed in the past in support of
approval applications for various polymerizing substances.
Additionally, while a clogged orifice within the Series E tests could
be overly conservative, it is important to note that similar situations
may occur during transport. For instance, a polymerizing substance that
clogs the orifice during testing could potentially clog the pressure
relief device on a portable tank. In such an incident, the testing
would provide similar results to what could be expected within a
transportation situation. Test Series E and H do not measure and/or
predict the same phenomena. PHMSA notes Test Series E (or an equivalent
performance measure) provides information on how the material behaves
when heated under confinement. Test Series H provides information on
the SAPT, and thus the potential need for temperature controls. These
two tests are synergistic and not mutually exclusive. For these
reasons, PHMSA is maintaining the testing requirements for polymerizing
substances as proposed in the NPRM.
In the NPRM, PHMSA proposed to allow ``equivalent test methods'' to
the Test Series E and specifically solicited comments on this topic.
The only comment received concerning equivalent test methods was from
BAMM & MPA, who noted their belief that Test Series H plus modeling
could potentially provide equivalent results to Test Series E. In this
final rule, PHMSA is authorizing additional test methods for
determining heating under confinement with the approval of the
Associate Administrator. In the absence of further rulemaking actions,
this definition will sunset two years from the effective date of this
rulemaking. See the ``Comment Discussion'' section of this document for
further discussion.
Section 173.165
Section 173.165 prescribes the transport and packaging requirements
for polyester resin kits. PHMSA is revising Sec. 173.165 by adding the
requirements for polyester resin kits with a flammable solid base
consistent with the new HMT entry ``UN 3527, Polyester resin kit, solid
base material, 4.1.''
Section 173.185
Section 173.185 prescribes transportation requirements for lithium
batteries. Paragraph (c) describes alternative packaging and
alternative hazard communication for shipments of up to 8 small lithium
cells or 2 small batteries per package (up to 1 gram per
[[Page 15819]]
lithium metal cell, 2 grams per lithium metal battery, 20 Wh per
lithium ion cell, and 100 Wh per lithium ion battery). Specifically,
PHMSA is amending paragraph (c) to require strong outer packagings for
small lithium cells or batteries to be rigid and to replace the current
text markings that communicate the presence of lithium batteries and
the flammability hazard that exists if damaged with a single lithium
battery mark. The package must be of adequate size that the lithium
battery mark can be displayed on one side of the package without
folding. In addition, the lithium battery mark will be required to
appear on packages containing lithium cells or batteries, or lithium
cells or batteries packed with, or contained in, equipment when there
are more than two packages in the consignment. This requirement would
not apply to a package containing button cell batteries installed in
equipment (including circuit boards) or when no more than four lithium
cells or two lithium batteries are installed in the equipment. We are
further clarifying what is meant by the term ``consignment'' by
defining the term used in Sec. 173.185 as one or more packages of
hazardous materials accepted by an operator from one shipper at one
time and at one address, receipted for in one lot and moving to one
consignee at one destination address.
PRBA submitted a comment to the NPRM noting that PHMSA's proposed
definition for ``consignment'' would be applied to all modes of
transport and that, while ICAO's definition applies only to air
transportation, the proposed text is consistent with that found in the
ICAO Technical Instructions. The ICAO Technical Instructions, IMDG
Code, and UN Model Regulations do not have the same definition for
``consignment.'' Therefore, PRBA requested PHMSA amend the definition
of consignment to indicate that it is only applicable to transportation
by air. PRBA is correct that the definitions for ``consignment'' vary
slightly between the various international standards. However, we note
that the UN Model Regulations, IMDG Code, and ICAO Technical
Instructions all include the term ``consignment'' when referencing
exceptions from the lithium battery mark. The intent of these standards
is to require the marking when multiple packages are offered from one
shipper to one consignee. The definition as proposed in the NPRM best
represents this requirement and allows for consistent application
across all modes of transportation. PHMSA notes that under the HMR this
definition is limited to its usage in Sec. 173.185. Therefore, we are
amending the definition of ``consignment'' as proposed in the NPRM.
Under current HMR requirements, a package of cells or batteries
that meets the requirements of Sec. 173.185(c) may be packed in strong
outer packagings that meet the general requirements of Sec. Sec.
173.24 and 173.24a instead of the standard UN performance packaging.
Lithium batteries packed in accordance with Sec. 173.185(c) must be
packed in strong outer packagings that meet the general packaging
requirements of Sec. Sec. 173.24 and 173.24a and be capable of
withstanding a 1.2 meter (3.9 ft) drop test without damage to the cells
or batteries contained in the package, shifting of the contents that
would allow battery-to-battery or cell-to-cell contact, or release of
contents. Alternative hazard communication requirements also apply. The
Class 9 label is replaced with text indicating the presence of lithium
batteries; an indication that the package must be handled with care and
that a flammability hazard exists if damaged; procedures to take in the
event of damage; and a telephone number for additional information.
Instead of a shipping paper, the shipper can provide the carrier with
an alternative document that includes the same information as provided
on the package.
In this rulemaking, PHMSA is replacing the existing text for
marking requirements in Sec. 173.185(c)(3) with a standard lithium
battery mark for use in all transport modes and to remove the
requirement in Sec. 173.185(c)(3) for shippers to provide an
alternative document. The lithium battery mark communicates key
information (i.e., the package contents and that a flammability hazard
exists if damaged). The mark utilizes recognizable symbols that permit
transport workers and emergency responders to quickly ascertain the
package contents and take appropriate action. A single mark that is
understood and accepted for all transport modes will increase the
effectiveness. A transition period until December 31, 2018, is provided
to allow adequate time for shippers to transition the new lithium
battery mark and exhaust existing stocks of preprinted packagings or
markings. UPS asks if the transition period also includes the
requirement to mark packages when there are more than two packages per
consignment of lithium ion or metal batteries contained in equipment.
As proposed this transition was only intended to apply to the
requirements for the mark itself and not to the exception from marking.
After reviewing the international standards this rulemaking is
harmonizing the HMR with, PHMSA has determined that for modes of
transportation other than air an additional year was provided for
consignment limit changes. In this final rule, PHMSA is amending Sec.
173.185(c)(3(ii) to state that for modes of transportation other than
by aircraft the provisions in paragraph (c)(3), including the
exceptions from marking, in effect on December 31, 2016 may continue to
be used until December 31, 2018. For transportation by aircraft only
the provisions concerning the lithium battery handling marking itself
in paragraph (c)(3)(ii) may be used until December 31, 2018. The
current documentation requirement is redundant given the existing
marking requirement and provides minimal additional safety value to
that provided by the mark.
At the 49th session of the UN Sub-Committee, a late design revision
to the lithium battery mark was adopted to authorize the mark on a
background of ``suitable contrasting color'' in addition to white. This
is consistent with design requirements for limited quantity marks and
other marks in the Model Regulations. In this rulemaking, PHMSA is
allowing the mark on a background of suitable contrasting color in
addition to white.
Additionally, PHMSA is amending Sec. 173.185(c)(2) and (c)(3)(i)
to specify that outer packagings used to contain small lithium
batteries must be rigid and of adequate size so the handling mark can
be affixed on one side without the mark being folded. The HMR currently
do not prescribe minimum package dimensions or specific requirements
for package performance other than the requirements described in
Sec. Sec. 173.24 and 173.24a. We are aware of several instances in
which either the package dimensions were not adequate to accommodate
the required marks and labels or the package was not sufficiently
strong to withstand the rigors of transport. These amendments will
enhance the communication and recognition of lithium batteries and
better ensure that packaging is strong enough to withstand normal
transport conditions. PHMSA received comments from COSTHA, DGAC,
Labelmaster Services, and PRBA requesting that an exception from the
requirement for rigid packaging for batteries contained in equipment be
provided if the equipment that contains the battery offers an
equivalent level of protection. COSTHA noted some key fobs and remote
control devices as examples of equipment that generally provide an
equivalent level of
[[Page 15820]]
protection to a rigid packaging, further noting that these devices are
currently shipped in padded envelopes safely. PHMSA agrees that rigid
packaging is not necessary if the equipment containing lithium
batteries provides a level of protection that is equivalent to rigid
packaging and is therefore amending paragraph (c)(2) to address these
comments.
PHMSA is amending Sec. 173.185(e) to permit the transport of
prototype and low production runs of lithium batteries contained in
equipment. These amendments are mostly consistent with amendments
adopted into the 19th Revised Edition of the UN Model Regulations and
Amendment 38-16 of the IMDG Code, which authorize the transportation of
prototype and low production runs of lithium batteries contained in
equipment in packaging tested to the PG II level. The ICAO Technical
Instructions authorize the transportation of prototype and low
production runs of lithium batteries contained in equipment in
packaging tested to the PG I level. In the NPRM, PHMSA proposed to
continue to require prototype and low production batteries to be placed
in packaging tested to the PG I performance level. We believe that the
higher integrity packaging provides an additional layer of protection
for cells and batteries not otherwise subjected to the UN design tests.
PRBA stated in their comment that PHMSA proposed to require PG I
packaging and prohibit the use of fiberboard boxes when shipping
prototype and low production lithium batteries by motor vehicle or
vessel. PRBA noted this change is not consistent with the UN Model
Regulations and IMDG Code because both standards authorize the use of
PG II packaging and 4G fiberboard boxes. They further stated this lack
of harmonization, particularly with the IMDG Code, will create
compliance problems for our members shipping prototype or low
production lithium batteries into the U.S. in accordance with the IMDG
Code. Nothing in subpart C of part 171 would prohibit prototype or low
production run batteries from being transported in accordance with the
packaging authorizations in the IMDG Code (i.e., a 4G fiberboard box at
the PG II performance level) as authorized by Sec. 171.22. PRBA
requests PHMSA authorize a PG II 4G fiberboard box for shipments
offered for transportation by motor vehicle and vessel and a PG I 4G
fiberboard box for transportation by aircraft.
PHMSA notes that the proposals in the NPRM were primarily to
provide authorizations for prototype or low production run batteries
contained in equipment and additional flexibility in packaging multiple
batteries and equipment in tested packaging, using existing packaging
authorizations for the batteries to determine appropriate packaging.
PRBA further noted that if PHMSA prohibits the use of PG I 4G
fiberboard boxes for shipping prototype or low production lithium
batteries by air, the HMR will conflict with the requirements of the
ICAO Technical Instructions and will not comply with Section 828 of the
Federal Aviation Administration (FAA) Modernization and Reform Act of
2012. Shipments of prototype batteries require an approval for air
transport. If the shipper wishes to offer by air in a PG I 4G
fiberboard box, they may request such authorization in their approval
request. Each request will be examined on its own merits.
Consistent with changes to the UN Model Regulations, the IMDG Code,
and the ICAO Technical Instructions, PHMSA is adding a new paragraph
(e)(7) to require shipments of low production runs and prototype
lithium batteries to note conformance with the requirements of Sec.
173.185(e) on shipping papers.
Additionally, PHMSA is amending Sec. 173.185(f)(4) to harmonize
with a requirement in the 19th Revised Edition of the UN Model
Regulations that the ``Damaged/defective lithium ion battery'' and/or
``Damaged/defective lithium metal battery'' marking as appropriate be
in characters at least 12 mm (0.47 inches) high.
Section 173.217
Section 173.217 establishes packaging requirements for dry ice
(carbon dioxide, solid). Paragraph (c) prescribes additional packaging
requirements for air transport. Consistent with the ICAO Technical
Instructions, PHMSA is removing the term ``other type of pallet'' in
paragraph (c)(3) that excepts dry ice being used as a refrigerant for
other non-hazardous materials from the quantity limits per package
shown in columns (9A) and (9B) of the Sec. 172.101 HMT.
Section 173.220
Section 173.220 prescribes transportation requirements and
exceptions for internal combustion engines, vehicles, machinery
containing internal combustion engines, battery-powered equipment or
machinery, and fuel cell-powered equipment or machinery. The UN Model
Regulations adopted amendments to the existing UN 3166 engine and
vehicle entries during the last biennium. These changes are
continuations of efforts undertaken by the UN Sub-Committee to ensure
appropriate hazard communication is provided for engines containing
large quantities of fuels.
The 17th Edition of the UN Model Regulations added special
provision 363, which required varying levels of hazard communication
depending on the type and quantity of fuel present, in attempts to
ensure the hazards associated with engines containing large quantities
of fuel were sufficiently communicated. PHMSA did not adopt the
provisions found in special provision 363 at the time they were
introduced.
As previously discussed in the review of the new HMT entries, the
existing UN 3166 identification number was maintained for the various
vehicle entries in the Model Regulations, and three new UN
identification numbers and proper shipping names were created for
engines or machinery internal combustion and assigned a hazard
classification based on the type of fuel used. The three new UN numbers
and proper shipping names are as follows: A Class 3 entry ``UN 3528,
Engine, internal combustion engine, flammable liquid powered, or Engine
fuel cell, flammable liquid powered, or Machinery, internal combustion,
flammable liquid powered, or Machinery, fuel cell, flammable liquid
powered''; a Division 2.1 entry ``UN 3529, Engine, internal combustion
engine, flammable gas powered, or Engine fuel cell, flammable gas
powered, or Machinery, internal combustion, flammable gas powered, or
Machinery, fuel cell, flammable gas powered''; and a Class 9 entry ``UN
3530, Engine, internal combustion, or Machinery, internal combustion.''
Consistent with the UN Model Regulations, PHMSA is adding to the
HMR the new UN identification numbers and proper shipping names for
engines and machinery. PHMSA is maintaining the existing transportation
requirements and exceptions for engines and machinery found in Sec.
173.220 for all modes of transportation other than vessel. To harmonize
as closely as possible with Amendment 38-16 of the IMDG Code, PHMSA is
making the following amendments to Sec. 173.220: (1) Amending
paragraph (b)(1)(ii) to include a reference to engines powered by fuels
that are marine pollutants but do not meet the criteria of any other
Class or Division; (2) amending paragraph (b)(4)(ii) to include a
reference to the proposed new Sec. 176.906 containing requirements for
shipments of engines or machinery offered for transportation by vessel;
(3) amending paragraph (d) to authorize the
[[Page 15821]]
transportation of securely installed prototype or low production run
lithium batteries in engines and machinery by modes of transportation
other than air; and (4) adding paragraph (h)(3) to include references
to existing and amended exceptions for vehicles, engines, and machinery
in Sec. Sec. 176.905 and 176.906.
ICAO adopted a provision that requires battery-powered vehicles
that could be handled in other than an upright position to be placed
into a strong rigid outer package. This provision better ensures that
small vehicles--particularly those powered by lithium batteries--are
adequately protected from damage during transport. In this final rule,
PHMSA is amending paragraphs (c) and (d) consistent with this
requirement. However, while ICAO's requirement is specific to air
transport, we are further applying this requirement to transportation
by all transport modes for greater overall benefit.
Section 173.221
Section 173.221 prescribes the packaging requirements for Polymeric
beads (or granules), expandable, evolving flammable vapor. PHMSA is
adding a procedure for declassification of polymeric beads, expandable.
PHMSA received a comment from UPS supporting this amendment and is
adopting it as proposed in the NPRM.
Section 173.225
Section 173.225 prescribes packaging requirements and other
provisions for organic peroxides. Consistent with the UN Model
Regulations, PHMSA is revising the Organic Peroxide Table in paragraph
(c) by amending the entries for: ``Dibenzoyl peroxide,'' ``tert-Butyl
cumyl peroxide,'' ``Dicetyl peroxydicarbonate,'' and ``tert-Butyl
peroxy-3,5,5-trimethylhexanoate.'' PHMSA received one comment from DGAC
noting two editorial errors in the proposed Organic Peroxide Table in
paragraph (c). In this final rule, the entry ``Di-2,4-dichlorobenzoyl
peroxide [as a paste]'' is revised by moving the text in columns (5),
(6), and (7) by one position to the right into columns (6), (7), and
(8); and the entry ``1,1-Di-(tert-butylperoxy)cyclohexane + tert-Butyl
peroxy-2-ethylhexanoate'' is added for consistency with the UN Model
Regulations. We are revising the Organic Peroxide IBC Table in
paragraph (e) to maintain alignment with the UN Model Regulations by
adding new entries for ``tert-Butyl cumyl peroxide'' and ``1,1,3,3-
Tetramethylbutyl peroxy-2-ethylhexanoate, not more than 67%, in diluent
type A'' and adding a type 31HA1 IBC authorization to the existing
entry for ``Di-(2-ethylhexyl) peroxydicarbonate, not more than 62%,
stable dispersion, in water.'' We are republishing the complete Organic
Peroxide and Organic Peroxide IBC tables to ensure the revisions are
correctly inserted and adding the missing ``UN'' code to several
identification numbers assigned to existing entries in the Organic
Peroxide Table.
Section 173.301
Section 173.301 prescribes general requirements for shipment of
compressed gases and other hazardous materials in cylinders, UN
pressure receptacles, and spherical pressure vessels. PHMSA is amending
the list of authorized packaging specifications in paragraph (a)(1) by
adding a new footnote (1) and assigning it to the ``packagings''
heading. This footnote directs readers to Sec. 171.12(a)(4)(iii) to
determine authorized Canadian cylinders that correspond with DOT
specification cylinders. Additionally, PHMSA is amending paragraph
(a)(2) to address filling of TC cylinders. As TC cylinders are metric
marked and their filling requirements vary slightly between the TDG
Regulations and the HMR, PHMSA is requiring that TC cylinders be filled
in accordance with the TDG Regulations. The remaining Canadian
cylinders authorized in this rulemaking must be filled in accordance
with the requirements of part 173. In a comment to the NPRM,
Worthington Cylinder Corporation stated that TC cylinders have the
service pressure marked in bar while DOT cylinders are marked in psi.
They further noted that TC marked cylinders for liquefied gases have
the tare weight and water capacity metric marked (kg and liter) and
asked what action PHMSA has taken to assure fillers know how to convert
these metric units to U.S. standard units. PHMSA is aware of the
differences in metric markings on TC cylinders compared to DOT
specification cylinders. In this final rule, we are requiring that TC
cylinders be filled in accordance with the TDG requirements. There is a
table of conversion factors in Sec. 171.10 to assist fillers in
appropriately converting from metric to U.S. standard. Additionally,
PHMSA plans to produce guidance material shortly after publication of
this rulemaking for both fillers and requalifiers of Canadian
cylinders.
Additionally, Worthington Cylinder Corporation stated the National
Fire Protection Association (NFPA) document NFPA-58 presently does not
permit TC cylinders to be filled with LP-Gas and asked if PHMSA
considered this a conflict in regulations. PHMSA does not see an
authorization to requalify, fill, or transport a Canadian cylinder with
liquefied petroleum gas as a conflict with the requirements of NFPA-58.
However, PHMSA may consult with NFPA on the appropriateness of updating
their standard to include references to Canadian cylinders in the
future.
Section 173.301b
Section 173.301b contains additional general requirements for
shipment of UN pressure receptacles. PHMSA is amending paragraph (a)(2)
to include the most recent ISO standard for UN pressure receptacles and
valve materials for non-metallic materials in ISO 11114-2:2013.
Additionally, we are amending paragraph (c)(1) to include the most
recent ISO standard on cylinder valves ISO 10297:2014. This paragraph
also contains end dates for when the manufacture of cylinders and
service equipment is no longer authorized in accordance with the
outdated ISO standard. Finally, we are revising Sec. 173.301b(g) to
amend a reference to marking requirements for composite cylinders used
for underwater applications. The current reference to the ``UW''
marking in Sec. 173.301b(g) direct readers to Sec. 178.71(o)(17),
while the correct reference for the ``UW'' marking is actually Sec.
178.71(q)(18).
Section 173.303
Section 173.303 prescribes requirements for the charging of
cylinders with compressed gas in solution (acetylene). PHMSA is
amending paragraph (f)(1) to require UN cylinders for acetylene use to
comply with the current ISO standard ISO 3807:2013. This paragraph also
contains end dates for when the manufacture of cylinders and service
equipment is no longer authorized in accordance with the outdated ISO
standard.
Section 173.304b
Section 173.304b prescribes filling requirements for liquefied
gases in UN pressure receptacles. The UN Model Regulations amended
packing instruction P200 by adding requirements for liquefied gases
charged with compressed gases. In this rulemaking, PHMSA is amending
Sec. 173.304b specifically by adding a new paragraph (b)(5) to include
filling limits when a UN cylinder filled with a liquefied gas is
charged with a compressed gas. We are not including similar filling
limits for DOT specification cylinders filled with a
[[Page 15822]]
liquefied gas and charged with a compressed gas, as we feel the
situation is adequately addressed by the requirements found in Sec.
173.301(a)(8).
Section 173.310
Section 173.310 provides the transport conditions for certain
specially designed radiation detectors containing a Division 2.2 (Non-
flammable) gas. The 19th Revised Edition of the UN Model Regulations
added a new special provision 378 applicable to radiation detectors
containing certain Division 2.2 gases. Special provision 378 outlines
conditions for the use of a non-specification pressure receptacle and
strong outer packaging requirements. As Sec. 173.310 currently
prescribes similar transport conditions for radiation detectors
containing Division 2.2 gases, we are not adding a new special
provision.
Consistent with special provision 378 of the UN Model Regulations,
PHMSA is making the following revisions to the transport conditions in
Sec. 173.310: [1] In the section header, clarify that Division 2.2
gases must be in non-refillable cylinders; [2] in paragraph (b),
increase the maximum design pressure from 4.83 MPa (700 psig) to 5.00
MPa (725 psig) and increase the capacity from 355 fluid ounces (641
cubic inches) to 405 fluid ounces (731 cubic inches); [3] in new
paragraph (d), require specific emergency response information to
accompany each shipment and be available from the associated emergency
response telephone number; [4] in new paragraph (e), require that
transport in accordance with this section be noted on the shipping
paper; and [5] in new paragraph (f), except radiation detectors,
including detectors in radiation detection systems, containing less
than 50 ml (1.7 fluid ounces) capacity, from the requirements of the
subchapter if they conform to paragraphs (a) through (d) of this
section.
PHMSA received one comment from UPS suggesting a revision to
paragraphs (e) and (f) to clarify that radiation detectors, including
detectors in radiation detection systems, containing less than 50 ml
(1.7 fluid ounces) capacity are not subject to shipping paper
requirements. Although consistent with special provision 378 of the UN
Model Regulations, PHMSA agrees that the proposed text in paragraph (e)
requiring that transport in accordance with this section must be noted
on the shipping paper may be misinterpreted to also apply to radiation
detectors excepted from the requirements of the subchapter in paragraph
(e). Therefore, in efforts to avoid confusion, PHMSA is revising
paragraphs (e) and (f) as suggested by UPS.
In the NPRM, the proposed text for the conversion from 50 ml to
fluid ounces was 1.69. Consistent with other 50 ml provisions in the
HMR we are indicating the conversion at 1.7 ounces.
Section 173.335
Section 173.335 contains requirements for cylinders filled with
chemicals under pressure. The 19th Revised Edition of the UN
Recommendations includes new instructions in P200 and P206 on how to
calculate the filling ratio and test pressure when a liquid phase of a
fluid is charged with a compressed gas. PHMSA is revising the
requirements of Sec. 173.335 for chemical under pressure n.o.s. to
include a reference to Sec. 173.304b, which specifies additional
requirements for liquefied compressed gases in UN pressure receptacles.
PHMSA is further amending Sec. 173.304b specifically by adding a new
paragraph (b)(5) to include these filling and test pressure
requirements consistent with the UN Recommendations. See ``Section
173.304b'' for further discussion.
Part 175
Section 175.10
Section 175.10 specifies the conditions for which passengers, crew
members, or an operator may carry hazardous materials aboard an
aircraft. Paragraph (a)(7) permits the carriage of medical or clinical
mercury thermometers, when carried in a protective case in carry-on or
checked baggage. Consistent with revisions to the ICAO Technical
Instructions, in this final rule, PHMSA is revising paragraph (a)(7) by
limiting thermometers containing mercury to checked baggage only. PHMSA
received no comments on this proposed amendment and is adopting the
changes as proposed in the NPRM.
Section 175.25
Section 175.25 prescribes the notification that operators must
provide to passengers regarding restrictions on the types of hazardous
material they may or may not carry aboard an aircraft either on their
person or in checked or carry-on baggage. Passenger notification of
hazardous materials restrictions addresses the potential risks that
passengers can introduce on board aircraft. PHMSA's predecessor, the
Materials Transportation Bureau, introduced passenger notification
requirements in 1980 [Docket No. HM-166B; 45 FR 13087]. Although this
section had been previously amended to account for ticket purchase or
check-in via the internet, new technological innovations have continued
to outpace these provisions. Notwithstanding the several rounds of
revisions, the rule remains unduly prescriptive.
The 2017-2018 ICAO Technical Instructions have removed prescriptive
requirements concerning the manners in which information concerning
dangerous goods that passengers are forbidden to transport must be
conveyed to passengers. Specifically, they have done so by removing
references to the phrases ``prominently displayed'' and ``in sufficient
numbers.'' Additional changes to the ICAO Technical Instructions
include removal of prescriptive requirements that the information be in
``text or pictorial form'' when checking in remotely, or ``pictorial
form'' when not checking in remotely. ICAO's decision to move to a
performance-based requirement will account for changes in technology as
well as the unique characteristics of some air carrier operations. ICAO
noted that these provisions lagged behind the latest technology and
could sometimes hinder the effectiveness and efficiency of notifying
passengers about hazardous materials. To account for the utilization of
different technologies as well as air carrier specific differences in
operating or business practices, ICAO adopted changes that require air
carriers to describe their procedures for informing passengers about
dangerous goods in their operations manual and/or other appropriate
manuals.
PHMSA agrees with this approach and is harmonizing with the
amendments made to the ICAO Technical Instructions part 7; 5.1.
Harmonization is appropriate not only to account for evolving
technologies or air carrier specific conditions, but also because we
believe that this amendment will result in a more effective
notification to passengers.
Under the revisions to Sec. 175.25, in accordance with 14 CFR
parts 121 and 135, air carriers operating under 14 CFR part 121 or 135
will need to describe their procedures in an operations manual and/or
other appropriate manuals in accordance with the applicable provisions
of 14 CFR. The manual(s) will be required to provide procedures and
information necessary to allow personnel to implement and maintain
their air carrier's specific passenger notification system. Aside from
the manual provisions, all persons engaging in for hire air
transportation of passengers will continue to be subject to Sec.
175.25.
[[Page 15823]]
PHMSA received a comment from COSTHA stating that existing
requirements provide a clear standard to which all air operators are
held. Removal of this requirement, while giving air operators
flexibility in providing such notification, may lead to various
interpretations of what is required for notification. Operational
manuals are subject to review and approval by different FAA regions. It
is the opinion of the commenter that varying interpretations could lead
operators to have different requirements in their operational manuals,
thereby putting other operators in different regions at a competitive
disadvantage. COSTHA further noted an FAA-sponsored Aviation Rulemaking
Committee (ARC) for Passenger Notification of Hazardous Materials
Regulations that resulted in a report and draft Advisory Circular (AC)
finalized in November 2013. The AC was not issued by the FAA. COSTHA
maintained that the recommendations on passenger notification systems
contained in the AC are valid and would provide a better option than
simply removing the prescriptive text from the HMR. COSTHA requested
PHMSA discuss the results of the ARC with FAA before modifying the
current language in Sec. 175.25. PHMSA is aware of the recommendations
resulting from the ARC meetings. The FAA intends to produce and
distribute guidance material to assist operators and the FAA in
determining an effective passenger notification system. The FAA will
utilize the ARC report recommendations, ICAO Technical Instructions
Supplement information, and any other available information in the
drafting of the guidance material.
Section 175.33
Section 175.33 establishes requirements for shipping papers and the
notification of the pilot-in-command when hazardous materials are
transported by aircraft. The pilot notification requirements of part 7;
4.1.1.1 of the ICAO Technical Instructions include an exception for
consumer commodities (ID8000) to allow for the average gross mass of
the packages to be shown instead of the actual gross mass of each
individual package. This exception is limited to consumer commodities
offered to the operator by the shipper in a unit load device (ULD).
Consistent with the ICAO Technical Instructions packing instruction
applicable to consumer commodities (PI Y963), which permits the shipper
to show on the shipping paper either the actual gross mass of each
package or the average gross mass of all packages in the consignment,
the notification to the pilot-in-command requirement for consumer
commodities was revised to remove the exception applicability to ULDs
only. This exception did not previously exist under the HMR. In this
final rule, PHMSA is revising Sec. 175.33(a)(3) by adding the text
``For consumer commodities, the information provided may be either the
gross mass of each package or the average gross mass of the packages as
shown on the shipping paper.'' This revision aligns the consumer
commodity notification of the pilot-in-command requirements in the HMR
with the ICAO Technical Instructions. PHMSA received a comment from UPS
providing general support for this amendment. See ``Section 172.202''
for related changes in this final rule.
Section 175.75
Section 175.75 prescribes quantity limitation and cargo location
requirements for hazardous materials carried aboard passenger-carrying
and cargo-only aircraft. PHMSA received comments from Alaska Airlines,
COSTHA, UPS, and an anonymous commenter noting impacts on aircraft
loading requirements as a result of incorporating new UN identification
numbers and proper shipping names for engines and machinery. In
accordance with Sec. 175.75(c), an aircraft operator must not load
more than 25 kg (55 lbs) of hazardous materials in an inaccessible
manner on a passenger-carrying aircraft; however, there is an exception
for Class 9 materials. In addition, paragraph (e)(1) excepts Class 9
materials from the 25 kg limitation when loaded in an inaccessible
manner aboard cargo-only aircraft. The commenters noted that as a
result of separating engines and machinery from the Class 9 entry for
vehicles (UN 3166) and creating new hazardous materials table entries
in Class 2.1 (UN 3529) and Class 3 (UN 3528), these materials that have
historically been excepted from the 25 kg limit when loaded in an
inaccessible manner would now be subject to this restriction. The
commenters also noted that paragraph (e)(1) excepts Class 3, PG III
materials (unless also labeled as a corrosive) from the 25 kg limit;
however, the new entry UN 3528 is not assigned to a packing group and
therefore not eligible for the exception. COSTHA also commented,
``Aircraft operators routinely ship engines for overhaul and repair. As
Class 9 materials, these have been transported safely without incident
for years.''
Consistent with the UN Model Regulations, PHMSA is adding to the
HMR the new UN identification numbers and proper shipping names for
engines and machinery while maintaining the existing transportation
requirements and exceptions for engines and machinery for all modes of
transportation other than vessel. It was never our intent to subject
these articles that have historically received relief from the
accessibility requirements of Sec. 175.75 to these requirements. An
article with identification numbers UN 3528 or UN 3529--and properly
packaged accordance with Sec. 173.220--is excepted from the
requirements of Sec. 175.75(c) and (e)(1). In this final rule, we are
making clarifying amendments to paragraphs Sec. 175.75(c) and (e)(1)
and adding a new provision to Note 1 in paragraph (f), in the QUANTITY
AND LOADING TABLE.
Section 175.900
Section 175.900 prescribes the handling requirements for air
carriers that transport dry ice. Consistent with the ICAO Technical
Instructions, PHMSA is removing the phrase ``other type of pallet''
with regard to packages containing dry ice prepared by a single
shipper. See ``Section 173.217'' of this rulemaking for a detailed
discussion of the revision.
Part 176
Section 176.83
Section 176.83 prescribes segregation requirements applicable to
all cargo spaces on all types of vessels and to all cargo transport
units. Paragraph (a)(4)(ii) has several groups of hazardous materials
of different classes, which comprise a group of substances that do not
react dangerously with each other and that are excepted from the
segregation requirements of Sec. 176.83. Consistent with changes made
in Amendment 38-16 of the IMDG Code, PHMSA is adding a new group of
hazardous materials that do not react dangerously with each other to
this paragraph. The following materials are added in a new paragraph
(a)(4)(ii)(C): ``UN 3391, Organometallic substance, solid,
pyrophoric''; ``UN 3392, Organometallic substance, liquid,
pyrophoric''; ``UN 3393, Organometallic substance, solid, pyrophoric,
water-reactive''; ``UN 3394, Organometallic substance, liquid,
pyrophoric, water-reactive''; ``UN 3395, Organometallic substance,
solid, water-reactive''; ``UN 3396, Organometallic substance, solid,
water-reactive, flammable''; ``UN 3397, Organometallic substance,
solid, water-reactive, self-heating''; ``UN 3398,
[[Page 15824]]
Organometallic substance, liquid, water-reactive''; ``UN 3399,
Organometallic substance, liquid, water-reactive, flammable''; and ``UN
3400, Organometallic substance, solid, self-heating.''
Section 176.84
Section 176.84 prescribes the meanings and requirements for
numbered or alpha-numeric stowage provisions for vessel shipments
listed in column (10B) of the Sec. 172.101 HMT. The provisions in
Sec. 176.84 are broken down into general stowage provisions, which are
defined in the ``table of provisions'' in paragraph (b), and the
stowage provisions applicable to vessel shipments of Class 1
explosives, which are defined in the table to paragraph (c)(2). PHMSA
is creating a new stowage provision 149 and assigning it to the new UN
3528 engines or machinery powered by internal combustion engine
flammable liquid entry. This new stowage provision requires engines or
machinery containing fuels with a flash point equal or greater than 23
[deg]C (73.4[emsp14][deg]F) to be stowed in accordance with the stowage
requirements of stowage Category A. Engines and machinery containing
fuels with a flash point less than 23 [deg]C (73.4[emsp14][deg]F) are
required to comply with the requirements of stowage Category E.
Additionally, consistent with Amendment 38-16 of the IMDG Code,
PHMSA is creating a new stowage provision 150 to replace existing
stowage provision 129 for ``UN 3323, Radioactive material, low specific
activity (LSA-III) non fissile or fissile excepted.'' This new stowage
provision requires that any material that is classified as UN 3323,
which is either uranium metal pyrophoric or thorium metal pyrophoric,
be stowed in accordance with stowage Category D requirements.
Section 176.905
Section 176.905 prescribes transportation requirements and
exceptions for vessel transportation of motor vehicles and mechanical
equipment. PHMSA is revising Sec. 176.905 to update the transport
requirements and exceptions for vehicles transported by vessel. These
changes are necessary to remove references to machinery (see ``Section
176.906'') and to maintain consistency with changes made in Amendment
38-16 of the IMDG Code.
The changes being made to the transport requirements for vehicles
transported by vessel are as follows: [1] In paragraph (a)(2) for
flammable liquid powered vehicles, the requirement that flammable
liquid must not exceed 250 L (66 gal) unless otherwise approved by the
Associate Administrator; [2] in paragraph (a)(4), the authorization to
transport vehicles containing prototype or low production run batteries
securely installed in vehicles; [3] also in paragraph (a)(4), the
requirement that damaged or defective lithium batteries must be removed
and transported in accordance with Sec. 173.185(f); and [4] in
paragraph (i)(1)(i), the inclusion of text to ensure the lithium
batteries in vehicles stowed in a hold or compartment designated by the
administration of the country in which the vessel is registered as
specially designed and approved for vehicles have successfully passed
the tests found in the UN Manual of Tests and Criteria (except for
prototypes and low production runs).
Section 176.906
Consistent with changes made in Amendment 38-16 of the IMDG Code,
PHMSA is creating a new section Sec. 176.906 to prescribe
transportation requirements for engines and machinery. Requirements
found in paragraphs (a)-(h) are identical to existing requirements for
engines and machinery contained in Sec. 176.905, and their
reproduction in this section is made necessary by the splitting of the
provisions for engines/machinery and vehicles. Paragraph (i) contains
exceptions that are divided into two separate categories: [1] Engines
and machinery meeting one of the conditions provided in (i)(1), which
are not subject to the requirements of subchapter C of the HMR; and [2]
engines and machinery not meeting the conditions provided in (i)(1),
which are subject to the requirements found in (i)(2) that prescribe
general conditions for transport and varying degrees of hazard
communication required for engines and machinery based on the actual
fuel contents and capacity of the engine or machinery. IVODGA noted in
their comment that Sec. 172.203(i)(2) requires a flashpoint be
provided on shipping papers for hazardous materials with a flashpoint
at or below 140[emsp14][deg]F and requested that PHMSA add a reference
to this requirement in paragraph (i)(2)(v) to ensure shippers are aware
that they must provide this information. PHMSA believes the requirement
is sufficiently clear. The creation of the new Class 3 entries will
enhance hazard communication of engines offered for transportation by
vessel as well as ensure this flashpoint information is conveyed to
carriers.
Tables 7 and 8 provide a summary of the hazard communication
requirements for vessel transportation of engines and machinery that
are not empty of fuel based on fuel content and capacity. The column
titled ``Additional Hazard Communication Requirements'' indicates
requirements that will differ from existing hazard communication
requirements for engines or machinery.
Table 7--Liquid Fuels Class 3 (UN 3528) and Class 9 (UN 3530)
------------------------------------------------------------------------
Additional hazard
Contents Capacity communication
requirements
------------------------------------------------------------------------
<=60 L...................... Unlimited........... Transport Document.
>60 L....................... Not more than 450 L. Label, Transport
Document.
>60 L....................... More than 450 L but Labeled on two
not more than 3000 opposing sides,
L. Transport Document.
>60 L....................... More than 3000 L.... Placarded on two
opposing sides,
Transport Document.
------------------------------------------------------------------------
Table 8--Gaseous Fuels Division 2.1 (UN 3529)
----------------------------------------------------------------------------------------------------------------
Water Capacity Additional hazard communication requirements
----------------------------------------------------------------------------------------------------------------
Not more than 450 L.................................... Label, Transport Document.
More than 450 L but not more than 1000 L............... Labeled on two opposing sides, Transport Document.
More than 1000 L....................................... Placarded on two opposing sides, Transport Document.
----------------------------------------------------------------------------------------------------------------
[[Page 15825]]
Part 178
Section 178.71
Section 178.71 prescribes specifications for UN pressure
receptacles. Consistent with the UN Model Regulations, PHMSA is
amending paragraphs (d)(2), (h), (k)(2), and (l)(1) to reflect the
adoption of the latest ISO standards for the design, construction, and
testing of gas cylinders and their associated service equipment.
Paragraph (l)(1) will require that composite cylinders be designed for
a design life of not less than 15 years, as well as that composite
cylinders and tubes with a design life longer than 15 years must not be
filled after 15 years from the date of manufacture, unless the design
has successfully passed a service life test program. The service life
test program must be part of the initial design type approval and must
specify inspections and tests to demonstrate that cylinders
manufactured accordingly remain safe to the end of their design life.
The service life test program and the results must be approved by the
competent authority of the country of approval that is responsible for
the initial approval of the cylinder design. The service life of a
composite cylinder or tube must not be extended beyond its initial
approved design life. These paragraphs also contain end dates for when
the manufacture of cylinders and service equipment is no longer
authorized in accordance with the outdated ISO standard.
PHMSA received a comment from Western International Gas Cylinders
asking several questions about the requirements for service life test
programs. Specifically, they asked: (1) Whether DOT would maintain a
database of service life extensions that a requalifier will be able to
search or if we plan to mandate the cylinder manufacturers maintain the
information; and (2) if DOT will require the manufacturers to post this
information on their Web sites. Information concerning service life
extensions will be available from both PHMSA and the manufactures.
Additionally, consistent with the UN Model Regulations, PHMSA is
revising paragraph (o)(2) to adopt the current ISO standard relating to
material compatibility and adding paragraph (g)(4) to adopt the current
ISO standard relating to design, construction, and testing of stainless
steel cylinders with an Rm value of less than 1,100 MPa.
Finally, paragraphs (q) and (r) are revised to indicate the
required markings for composite cylinders and tubes with a limited
design life of 15 years or for cylinders and tubes with a design life
greater than 15 years, or a non-limited design life.
PHMSA received a comment from Christopher Adams asking if we
intended to replace the authorization to use a valve conforming to the
requirements in ISO 10297:1999 with the transition date for the use of
valves conforming to ISO 10297:2006. PHMSA intentionally left the
references to all three ISO 10297 standards to mirror the
authorizations shown in the UN Model Regulations. Additionally, PHMSA
received comments from Wesley Scott and Western International Gas
Cylinders requesting that the current Sec. 178.71(h) prohibition on
the use of aluminum alloy 6351-T6 or equivalent be extended to alloy
6082 for cylinders authorized under ISO 7866:1999. The commenters
stated that alloy 6082 is known to ISO Working Group 11 and that it
develops sustained load cracks similar in manner to those developed
when using aluminum alloy 6351-T6. PHMSA is not aware of anyone
manufacturing with this particular alloy but will continue to monitor
the ongoing work at ISO and consider changes as addressed by the
international community.
Section 178.75
Section 178.75 contains specifications for Multiple-element gas
containers (MEGCs). Consistent with the UN Model Regulations, PHMSA is
renumbering existing paragraph (d)(3)(iv) as (d)(3)(v) and adding a new
paragraph (d)(3)(iv) to incorporate ISO 9809-4:2014 for stainless steel
cylinders with an Rm value of less than 1,100 MPa.
Section 178.1015
Section 178.1015 prescribes general standards for the use of
flexible bulk containers (FBCs). Consistent with changes to the UN
Model Regulations, PHMSA is revising paragraph (f) to require that FBCs
be fitted with a vent that is designed to prevent the ingress of water
in situations where a dangerous accumulation of gases may develop
absent such a vent. It is our understanding that only one particular
material authorized for transportation in FBCs--UN 3378, Sodium
carbonate peroxyhydrate--is known to decompose causing a dangerous
accumulation of gas.
Part 180
Section 180.205
Section 180.205 outlines general requirements for requalification
of specification cylinders. In the NPRM, PHMSA proposed amending
paragraph (c) to require that Transport Canada cylinders be requalified
and marked in accordance with the Transport Canada TDG Regulations. CTC
Certified Training Co. commented stating that CRC, BTC, and CTC are the
same as DOT specification cylinders and should be allowed to be
requalified to either the Transport Canada TDG Regulations or under the
provisions of the HMR. PHMSA agrees and is amending paragraph (c) to
require CRC, BTC, or CTC cylinders be requalified and marked as
specified in the Requalification Table in this subpart or requalified
and marked by a facility registered by Transport Canada in accordance
with the TDG Regulations. Canadian specification cylinders marked
solely with TC must be requalified in accordance with the Transport
Canada TDG Regulations. Cylinders that are dual marked with both TC and
a corresponding DOT specification marking may be requalified to either
the Transport Canada TDG Regulations or the provisions of the HMR.
PHMSA received a comment from Christopher Adams noting a
typographical error in paragraph (c)(4). Mr. Adams noted that the
current HMR text has ``3AXX'' instead of ``3AAX'' and requested PHMSA
make this correction. We agree with the commenter that this is a
typographical error and are making the suggested change. CTC Training
Co. commented stating the TDG Regulations reference CSA B339, which
references CGA C-1 (not referenced in the HMR) for the testing of
cylinders, and other different versions of CGA pamphlets for visual
inspection of cylinders not referenced by the HMR. The commenter
further stated that requiring a DOT RIN holder to requalify a cylinder
in accordance with the TDG Regulations places an unnecessary financial
burden on the retester to purchase all of these differing versions of
CGA pamphlets, as well as the challenge to try to determine which
version to use for which cylinder they are requalifying. PHMSA notes
that while the TDG Regulations do incorporate some cylinder
requalification standards that are not in the HMR, there is no
requirement for a requalifier to requalify TC cylinders. In fact, in
order to begin requalifying TC cylinders, requalifiers will have to
register with PHMSA and indicate--among other things--that they have
all the necessary standards. This business decision will therefore be
made by individual companies.
Section 180.207
Section 180.207 prescribes requirements for requalification of UN
[[Page 15826]]
pressure receptacles. Consistent with changes to the UN Model
Regulations, PHMSA is revising paragraph (d)(3) to incorporate ISO
10462:2013 concerning requalification of dissolved acetylene cylinders.
This paragraph also includes an authorization to requalify acetylene
cylinders in accordance with the current ISO standard until December
31, 2018.
Section 180.211
Section 180.211 prescribes requirements for the repair, rebuilding,
and reheat treatment of DOT-4 series specification cylinders. In the
NPRM preamble, PHMSA clearly indicated an intention to authorize DOT
RIN holders to perform repair, rebuilding, and reheat treatment of
Canadian cylinders (see ``Section 107.805'' and ``Section 171.12'').
However, PHMSA did not specifically propose the authorization of
reciprocal treatment to facilities registered in Canada in accordance
with the Transport Canada TDG Regulations. In line with the reciprocal
treatment provided for requalification of Canadian cylinders, PHMSA is
amending paragraph (a) and adding a new paragraph (g) to authorize the
repair, rebuilding, and reheat treatment of DOT-4 series specification
cylinders by authorized facilities registered in Canada and in
accordance with the Transport Canada TDG Regulations.
Section 180.212
Section 180.212 prescribes requirements for the repair of seamless
DOT-3 series specification cylinders and seamless UN pressure
receptacles. PHMSA is amending paragraph (a)(1)(ii) to authorize
repairs of DOT-3series cylinders by a facility registered by Transport
Canada in accordance with the Transport Canada TDG Regulations.
Section 180.413
Section 180.413 provides the requirements for the repair,
modification, stretching, rebarrelling, or mounting of specification
cargo tanks. Currently, Sec. 180.413(a)(1) requires that each repair
of a specification cargo tank must be performed by a repair facility
holding a valid National Board Certificate of Authorization for use of
the National Board ``R'' stamp and must be made in accordance with the
edition of the National Board Inspection Code in effect at the time the
work is performed. ``Repair'' is defined in Sec. 180.403 as ``any
welding on a cargo tank wall done to return a cargo tank or a cargo
tank motor vehicle to its original design and construction
specification, or to a condition prescribed for a later equivalent
specification in effect at the time of the repair.'' As previously
discussed in this final rule, stakeholders participating in the U.S.-
Canada RCC identified this requirement as being burdensome to United
States carriers who also operate in Canada. In accordance with the
Transport Canada TDG Regulations, a facility in Canada can perform a
repair on a specification cargo tank if it holds either a valid
National Board Certificate of Authorization for use of the National
Board ``R'' stamp or a valid Certificate of Authorization from a
provincial pressure vessel jurisdiction for repair. The latter
authorization becomes problematic for United States carriers requiring
the repair of a DOT specification cargo tank while in Canada. Section
180.413 currently only authorizes the repair of a DOT specification
cargo tank by a facility holding a valid National Board Certificate of
Authorization for use of the National Board ``R'' stamp. If a DOT
specification cargo tank is repaired in Canada at a facility holding a
Certificate of Authorization from a provincial pressure vessel
jurisdiction for repair and not a National Board Certificate of
Authorization for use of the National Board ``R'' stamp, the DOT
specification of the cargo tank is placed in jeopardy.
Based on this input from RCC stakeholders, PHMSA conducted a
comparison of the HMR requirements for the repair of specification
cargo tanks and the corresponding requirements of the Transport Canada
TDG Regulations. In consultation with FMCSA, PHMSA determined that the
requirements for the repair of a specification cargo tank conducted in
accordance with the Transport Canada TDG Regulations by a facility in
Canada holding a valid Certificate of Authorization from a provincial
pressure vessel jurisdiction for repair provide for at least an
equivalent level of safety as those provided by the HMR. Further, the
Transport Canada TDG Regulations authorize the repair of TC
specification cargo tanks by facilities in the U.S. that are registered
in accordance with part 107 subpart F.
Accordingly, PHMSA is expanding the authorization for the repair of
DOT specification cargo tanks by revising Sec. 180.413(a)(1).
Specifically, PHMSA is adding a new paragraph (a)(1)(iii) authorizing a
repair, as defined in Sec. 180.403, of a DOT specification cargo tank
used for the transportation of hazardous materials in the United States
performed by a facility in Canada in accordance with the Transport
Canada TDG Regulations, provided the [1] facility holds a valid
Certificate of Authorization from a provincial pressure vessel
jurisdiction for repair; [2] the facility is registered in accordance
with the Transport Canada TDG Regulations to repair the corresponding
TC specification; and [3] all repairs are performed using the quality
control procedures used to obtain the Certificate of Authorization.
PHMSA received a comment from FIBA stating that we are only including
an authorization for a Canadian facility that holds a valid Certificate
of Authorization from a provincial pressure vessel jurisdiction and not
a Canadian facility holding a valid National Board Certificate of
Authorization for the use of the National Board ``R'' stamp. FIBA
requested that we authorize either type of repair facility. PHMSA notes
that the use of the ``R'' Stamp by Canadian facilities is currently
authorized in Sec. 180.413(a)(1), and no changes to this authorization
were proposed or adopted.
PHMSA is also making an incidental revision to Sec. 180.413(b) to
except facilities in Canada that perform a repair in accordance with
the new Sec. 180.413(a)(1)(iii) from the requirement that each repair
of a cargo tank involving welding on the shell or head must be
certified by a Registered Inspector. The Transport Canada TDG
Regulations provide requirements for the oversight of welding repairs
and do not use the term ``Registered Inspector.''
These provisions would not place any additional financial or
reporting burden on U.S. companies. Rather, the enhanced regulatory
reciprocity between the United States and Canada as a result of these
provisions would provide the companies with additional flexibility and
cost savings due to opportunities for obtaining repairs to DOT
specification cargo tanks in Canada. PHMSA received a comment of
general support for this effort from NTTC.
Section 180.605
Section 180.605 prescribes requirements for the qualification of
portable tanks. Consistent with the UN Model Regulations, PHMSA is
amending paragraph (g)(1) to require as a part of internal and external
examination that the wall thickness must be verified by appropriate
measurement if this inspection indicates a reduction of wall thickness.
This amendment will require the inspector to verify that the shell
thickness is equal to or greater than the minimum shell thickness
indicated on the portable tanks metal plate (see Sec. 178.274(i)(1)).
[[Page 15827]]
VI. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under the statutory authority of
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.). Section 5103(b) of Federal hazmat law authorizes
the Secretary of Transportation (Secretary) to prescribe regulations
for the safe transportation, including security, of hazardous materials
in intrastate, interstate, and foreign commerce. This final rule amends
regulations to maintain alignment with international standards by
incorporating various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements. To this end, the final rule amends the HMR to more fully
align with the biennial updates of the UN Model Regulations, the IMDG
Code, and the ICAO Technical Instructions.
Harmonization serves to facilitate international commerce, while
also promoting the safety of people, property, and the environment by
reducing the potential for confusion and misunderstanding that could
result if shippers and transporters were required to comply with two or
more conflicting sets of regulatory requirements. While the intent of
this rulemaking is to align the HMR with international standards, we
review and consider each amendment based on its own merit, on its
overall impact on transportation safety, and on the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize internationally without sacrificing the current level of
safety or imposing undue burdens on the regulated community. Thus, as
explained in the corresponding sections above, we are not harmonizing
with certain specific provisions of the UN Model Regulations, the IMDG
Code, and the ICAO Technical Instructions. Moreover, we are maintaining
a number of current exceptions for domestic transportation that should
minimize the compliance burden on the regulated community. The
following external agencies were consulted in the development of this
rule: Federal Aviation Administration, Federal Motor Carrier Safety
Administration, Federal Railroad Administration, and U.S. Coast Guard.
Section 49 U.S.C. 5120(b) of Federal hazardous materials law
authorizes the Secretary to ensure that, to the extent practicable,
regulations governing the transportation of hazardous materials in
commerce are consistent with standards adopted by international
authorities. The large volume of hazardous materials transported in
international commerce warrants the harmonization of domestic and
international requirements to the greatest extent possible. This final
rule amends the HMR to maintain alignment with international standards
by incorporating various amendments to facilitate the transport of
hazardous material in international commerce. To this end, as discussed
in detail above, PHMSA is incorporating changes into the HMR based on
the 19th Revised Edition of the UN Model Regulations, Amendment 38-16
of the IMDG Code, and the 2017-2018 Edition of the ICAO Technical
Instructions, which become effective January 1, 2017 (Amendment 38-16
to the IMDG Code may be voluntarily applied on January 1, 2017;
however, the previous amendment remains effective through December 31,
2017).
B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866, ``Regulatory Planning and
Review,'' [58 FR 51735 (Oct. 4, 1993)] and therefore was not reviewed
by the Office of Management and Budget. Accordingly, this final rule is
not considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation of February 26, 1979.
See 44 FR 11034. Executive Order 13563, ``Improving Regulation and
Regulatory Review,'' supplements and reaffirms Executive Order 12866,
stressing that, to the extent permitted by law, an agency rulemaking
action must be based on benefits that justify its costs, impose the
least burden, consider cumulative burdens, maximize benefits, use
performance objectives, and assess available alternatives. See 76 FR
3821 (Jan. 21, 2011).
The HM-215N NPRM and the associated RIA (Docket ID: PHMSA-2015-
0273) requested stakeholder comments and data on the benefit and cost
estimates of the NPRM. While some commenters questioned the benefits
and costs of individual provisions, no comments specifically provided
data or alternative analysis to change our original analysis of
benefits and costs. In addition, PHMSA has not identified additional
data or analysis to change the costs and benefits presented in the NPRM
and the associated RIA. As a result, PHMSA adopts the benefits and
costs presented in the RIA of the NPRM for this final rule. The
following table summarizes the benefits and costs as found in the RIA
for the following amendments as discussed in detail above: 1. Updates
to references in HMT; 2. Revising HMT for polymerizing substances; 3.
Amending HMT to update certain proper shipping names, packing groups,
special provisions, packaging authorizations, bulk packaging
requirements, and vessel stowage requirements; 4. Adding various
substances to the list of marine pollutants; 5. Modifying part 173
packaging requirements and authorizations; 6. Amending packaging
requirements for vessel transportation of water-reactive substances; 7.
Revising hazardous communication requirements for shipments of lithium
batteries; and, 8. Recognizing Transport Canada cylinders, certificates
of equivalencies, and inspection and repair of cargo tanks.
Summary of Estimated Benefits and Costs
------------------------------------------------------------------------
Category Year 1 Each subsequent year
------------------------------------------------------------------------
Benefits
------------------------------------------------------------------------
Quantified Benefits:
Amendment 1............. $73.3 million....... $73.3 million.
Amendment 8............. $693,804-$6,555,234. $693,804-$6,555,234.
Paperwork Reduction Act. $887,635............ $887,635.
Non-Quantified Benefits:
Amendment 2............. Potential prevention Potential prevention
of fire aboard of fire aboard
vessels carrying vessels carrying
certain polymerized certain polymerized
substances. substances.
[[Page 15828]]
Amendment 3............. Allow shippers of Allow shippers of
polyester resin polyester resin
kits to use one kits to use one
proper shipping proper shipping
name. name.
Standard Standard
classification of classification of
low-power rocket low-power rocket
motors. motors.
Benefit to public Benefit to public
from placarding from placarding
uranium uranium
hexafluoride hexafluoride
toxicity. toxicity.
Appropriate hazard Appropriate hazard
communication for communication for
engines and engines and
machines with large machines with large
amounts of fuel. amounts of fuel.
Amendment 4............. Facilitate Facilitate
consistent consistent
communication of communication of
presence of certain presence of certain
marine pollutants. marine pollutants.
Amendment 5............. Allow flexibility in Allow flexibility in
packaging for packaging for
leaking or leaking or
deteriorated deteriorated
cylinders. cylinders.
Amendment 6............. Reduce risk of fire Reduce risk of fire
aboard domestic aboard domestic
vessels carrying vessels carrying
certain hazardous certain hazardous
materials that materials that
react dangerously react dangerously
with water. with water.
Amendment 7............. Facilitate Facilitate
intermodal intermodal
movements of movements of
certain certain
consignments of consignments of
lithium batteries lithium batteries
packed in or with packed in or with
equipment. equipment.
Elimination of Elimination of
document for document for
packages of small packages of small
lithium batteries. lithium batteries.
Total Quantified $74,881,439-$80,742, $74,881,439-$80,742,
Benefits. 869. 869.
------------------------------------------------------------------------
Costs
------------------------------------------------------------------------
Quantified Costs:
Amendment 1............. $11,701,506......... None.
Amendment 3............. $288-$39,312........ $288-$39,312.
Amendment 7............. None................ Up to $4.9 million
(beginning with
Year 3 due to
transition period).
Non-Quantified Costs:
Amendment 2............. Additional costs for Additional costs for
temperature control temperature control
or stabilization of or stabilization of
certain polymerized certain polymerized
substances. substances.
Amendment 3............. Additional costs of Additional costs of
hazard hazard
communication for communication for
some large engines some large engines
containing fuel. containing fuel.
Amendment 4............. Notation on shipping Notation on shipping
papers and display papers and display
of marine pollutant of marine pollutant
mark on certain mark on certain
international air international air
or vessel or vessel
transportation of transportation of
certain quantities certain quantities
of six marine of six marine
pollutants. pollutants.
Amendment 5............. None................ None.
Amendment 6............. Require shippers of Require shippers of
certain water- certain water-
reactive substances reactive substances
to use sift-proof to use sift-proof
or water-resistant or water-resistant
packaging when packaging when
transporting by transporting by
domestic vessel. domestic vessel.
Amendment 8............. None................ None.
Total Quantified $11,701,794-$11,740, $4,900,288-$4,939,31
Costs. 818. 2.
Total Quantified Net $63,179,645-$69,002, $69,981,151-$75,803,
Benefits. 051. 557.
------------------------------------------------------------------------
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132, ``Federalism,'' which
requires agencies to assure meaningful and timely input by State and
local officials in the development of regulatory policies that may have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' See 64
FR 43255 (Aug. 10, 1999). The regulatory changes in this rule preempt
State, local, and Indian tribe requirements but do not have 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 hazmat law, 49 U.S.C. 5101-5128, contains an express
preemption provision (49 U.S.C. 5125(b)) that preempts State, local,
and Indian tribe requirements on certain covered subjects, as follows:
(1) The designation, description, and classification of hazardous
material;
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) The design, manufacture, fabrication, inspection, marking,
maintenance, recondition, repair, or testing of a packaging or
container represented, marked, certified, or sold as qualified for use
in transporting hazardous material in commerce.
This final rule addresses covered subject items (1), (2), (3), (4),
and (5) above and preempts State, local, and
[[Page 15829]]
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, 2017. If the changes
are not adopted in the HMR, U.S. companies--including numerous small
entities competing in foreign markets--would be at an economic
disadvantage because of their need to comply with a dual system of
regulations. The changes in this rulemaking are intended to avoid this
result. Federal hazmat law provides at 49 U.S.C. 5125(b)(2) that, if
DOT issues a regulation concerning any of the covered subjects, DOT
must determine and publish in the Federal Register the effective date
of Federal preemption. The effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. PHMSA is setting the
effective date of Federal preemption to be 90 days from publication of
this final rule.
D. Executive Order 13175
This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' which requires agencies
to assure meaningful and timely input from Indian tribal government
representatives in the development of rules that significantly or
uniquely affect Indian communities by imposing ``substantial direct
compliance costs'' or ``substantial direct effects'' on such
communities or the relationship and distribution of power between the
Federal Government and Indian tribes. See 65 FR 67249 (Nov. 9, 2000).
Because this final rule does not have tribal implications, does not
impose substantial direct compliance costs, upon tribes, and does not
affect the relationship or power distribution between the Federal
Government and Indian tribes, the funding and consultation requirements
of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
final rule facilitates the transportation of hazardous materials in
international commerce by providing consistency with international
standards. It applies to offerors and carriers of hazardous materials,
some of whom are small entities, such as chemical manufacturers, users
and suppliers, packaging manufacturers, distributors, and training
companies. As previously discussed under ``Executive Order 12866,
Executive Order 13563, and DOT Regulatory Policies and Procedures,''
the majority of amendments in this final rule should result in cost
savings and ease the regulatory compliance burden for shippers engaged
in domestic and international commerce, including trans-border
shipments within North America.
Many companies will realize economic benefits as a result of these
amendments. Additionally, the changes effected by this final rule will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. Therefore, we certify that these amendments will not 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,'' [67 FR 53461 (Aug. 16, 2002)], as well as DOT's Policies
and Procedures, to promote compliance with the Regulatory Flexibility
Act to ensure that potential impacts of draft rules on small entities
are properly considered.
F. Paperwork Reduction Act
PHMSA currently has approved information collections under Office
of Management and Budget (OMB) Control Number 2137-0557, ``Approvals
for Hazardous Materials,'' and OMB Control Number 2137-0034,
``Hazardous Materials Shipping Papers & Emergency Response
Information.'' We anticipate that this final rule will result in an
increase in the annual burden for OMB Control Number 2137-0034 due to
an increase in the number of applications for modifications to existing
holders of DOT-issued RINs. PHMSA is amending Sec. 107.805(f)(2) to
allow RIN holders to submit an application containing all the required
information prescribed in Sec. 107.705(a); identifying the TC, CTC,
CRC, or BTC specification cylinder(s) or tube(s) to be inspected;
certifying the requalifier will operate in compliance with the
applicable TDG Regulations; and certifying the persons performing
requalification have been trained and have the information contained in
the TDG Regulations. This application is in addition to any existing
application and burden encountered during the initial RIN application.
We anticipate this final rule will result in a decrease in the
annual burden and costs of OMB Control Number 2137-0034. This burden
and cost decrease is primarily attributable to the removal of the
alternative document currently required for lithium cells or batteries
offered in accordance with Sec. 173.185(c). Additional increased
burdens and costs to OMB Control Number 2137-0034 in this final rule
are attributable to a new indication on shipping papers that a shipment
of prototype or low production run lithium batteries or cells is in
accordance with Sec. 173.185(e)(7) and the addition of new marine
pollutant entries.
This rulemaking identifies revised information collection requests
that PHMSA will submit to OMB for approval based on the requirements in
this final rule. PHMSA has developed burden estimates to reflect
changes in this final rule and estimates the information collection and
recordkeeping burdens in this rule are as follows:
OMB Control Number 2137-0557
Annual Increase in Number of Respondents: 3,600.
Annual Increase in Annual Number of Responses: 3,600.
Annual Increase in Annual Burden Hours: 1,800.
Annual Increase in Annual Burden Costs: $63,000.
OMB Control Number 2137-0034
Annual Decrease in Number of Respondents: 972,551.
Annual Decrease in Annual Number of Responses: 9,765,507.
Annual Decrease in Annual Burden Hours: 27,161.
Annual Decrease in Annual Burden Costs: $950,635.
PHMSA will submit the revised information collection and
recordkeeping requirements to OMB for approval.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act of 1995
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of
[[Page 15830]]
1995. It does not result in costs of $141.3 million or more, adjusted
for inflation, to either State, local, or Tribal governments, in the
aggregate, or to the private sector in any one year, and is the least
burdensome alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375,
requires that Federal agencies analyze actions to determine whether the
action will have a significant impact on the human environment. The
Council on Environmental Quality (CEQ) regulations that implement NEPA
(40 CFR parts 1500 through 1508) require Federal agencies to conduct an
environmental review considering (1) the need for the action, (2)
alternatives to the action, (3) probable environmental impacts of the
action and alternatives, and (4) the agencies and persons consulted
during the consideration process.
1. Purpose and Need
This action is necessary to incorporate changes adopted in the IMDG
Code, the ICAO Technical Instructions, and the UN Model Regulations,
effective January 1, 2017. If the changes in this final rule are not
adopted in the HMR by this effective date, U.S. companies--including
numerous small entities competing in foreign markets--would be at an
economic disadvantage because of their need to comply with a dual
system of regulations. The changes to the HMR contained in this
rulemaking are intended to avoid this result.
The intended effect of this action is to harmonize the HMR with
international transport standards and requirements to the extent
practicable in accordance with Federal hazmat law (see 49 U.S.C. 5120).
When considering the adoption of international standards under the HMR,
PHMSA reviews and evaluates each amendment on its own merit, on its
overall impact on transportation safety, and on the economic
implications associated with its adoption. Our goal is to harmonize
internationally without diminishing the level of safety currently
provided by the HMR or imposing undue burdens on the regulated public.
PHMSA has provided a brief summary of each revision, the justification
for the revision, and a preliminary estimate of economic impact.
2. Alternatives
In developing this rulemaking, PHMSA considered the following
alternatives:
No Action Alternative
If PHMSA had selected the No Action Alternative, current
regulations would remain in place and no new provisions would be added.
However, efficiencies gained through harmonization in updates to
transport standards, lists of regulated substances, definitions,
packagings, stowage requirements/codes, flexibilities allowed, enhanced
markings, segregation requirements, etc., would not be realized.
Foregone efficiencies in the No Action Alternative include freeing up
limited resources to concentrate on vessel transport hazard
communication (hazcom) issues of potentially much greater environmental
impact. Adopting the No Action Alternative would result in a lost
opportunity for reducing environmental and safety-related incidents.
Preferred Alternative
This alternative is the current rule. The amendments included in
this alternative are more fully addressed in the preamble and
regulatory text sections of this final rule.
3. Probable Environmental Impact of the Alternatives
No Action Alternative
If PHMSA had selected select the No Action Alternative, current
regulations would remain in place and no new provisions would be added.
However, efficiencies gained through harmonization in updates to
transport standards, lists of regulated substances, definitions,
packagings, stowage requirements/codes, flexibilities allowed, enhanced
markings, segregation requirements, etc., would not be realized.
Foregone efficiencies in the No Action Alternative include freeing up
limited resources to concentrate on vessel transport hazcom issues of
potentially much greater environmental impact.
Additionally, the Preferred Alternative encompasses enhanced and
clarified regulatory requirements, which would result in increased
compliance and a decreased number of environmental and safety
incidents. Not adopting the environmental and safety requirements in
the final rule under the No Action Alternative would result in a lost
opportunity for reducing environmental and safety-related incidents.
Preferred Alternative
PHMSA selected the preferred alternative. Potential environmental
impacts of each proposed amendment in the preferred alternative are
discussed as follows:
Incorporation by Reference: PHMSA is updating references
to various international hazardous materials transport standards,
including the 2017-2018 ICAO Technical Instructions; Amendment 38-16 of
the IMDG Code; the 19th Revised Edition of the UN Model Regulations;
the 6th Revised Edition of the UN Manual of Tests and Criteria; and the
latest amendments to the Canadian TDG Regulations. In addition, PHMSA
is adding one new reference and updating eight other references to
standards applicable to the manufacture, use, and requalification of
pressure vessels published by the International Organization for
Standardization.
The HMR authorize shipments prepared in accordance with the ICAO
Technical Instructions and by motor vehicle either before or after
being transported by aircraft. Similarly, the HMR authorize shipments
prepared in accordance with the IMDG Code if all or part of the
transportation is by vessel. The authorizations to use the ICAO
Technical Instructions and the IMDG Code are subject to certain
conditions and limitations outlined in part 171 subpart C.
Hazardous Materials Table (HMT): PHMSA is adopting
amendments to the HMT to add, revise, or remove certain proper shipping
names, packing groups, special provisions, packaging authorizations,
bulk packaging requirements, and vessel stowage requirements.
Amendments to HMT proper shipping names include: assigning the existing
``Engines, internal combustion'' entries to their own new UN numbers
and provisions; amending existing ``Uranium Hexafluoride'' entries to
include a new Division 6.1 subsidiary hazard class designation; adding
a new entry for ``Polyester resin kit, solid base material; and adding
a Division 1.4C new entry for ``Rocket motors.'' Additionally, we are
adding and revising special provisions, large packaging authorizations,
and IBC authorizations consistent with the UN Model Regulations to
provide a wider range of packaging options to shippers of hazardous
materials.
New and revised entries to the HMT reflect emerging technologies
and a need to better describe or differentiate between existing
entries. These changes mirror those made to the Dangerous Goods List of
the 19th Revised Edition of the UN Model Regulations, the 2017-2018
ICAO Technical Instructions, and Amendment 38-16 of the IMDG Code. It
is extremely important for the domestic HMR to mirror these
international standards regarding the entries in the HMT to allow for
consistent naming
[[Page 15831]]
conventions across modes and international borders.
Inclusion of entries in the HMT reflects a degree of danger
associated with a particular material and identifies appropriate
packaging. This change provides a level of consistency for all articles
specifically listed in the HMT, without diminishing environmental
protection and safety.
Provisions for Polymerizing Substances: Consistent with
amendments adopted into the UN Model Regulations, PHMSA is revising the
HMT in Sec. 172.101 to include four new Division 4.1 entries for
polymerizing substances. Additionally, we are adding into the HMR
defining criteria, authorized packagings, and safety requirements
including, but not limited to, stabilization methods and operational
controls.
New and revised entries to the HMT reflect emerging technologies
and a need to better describe or differentiate between existing
entries. These changes mirror those made to the Dangerous Goods List of
the 19th Revised Edition of the UN Model Regulations, the 2017-2018
ICAO Technical Instructions, and Amendment 38-16 of the IMDG Code. It
is extremely important for the domestic HMR to mirror these
international standards regarding the entries in the HMT to allow for
consistent naming conventions across modes and international borders.
Inclusion of entries in the HMT reflects a degree of danger
associated with a particular material and identifies appropriate
packaging. This change provides a level of consistency for all articles
specifically listed in the HMT, without diminishing environmental
protection and safety.
Modification of the Marine Pollutant List: PHMSA is adding
the following substances to the list of marine pollutants in appendix B
to Sec. 172.101: Hypochlorite solutions; Isoprene, stabilized; N-
Methylaniline; Methylcyclohexane; and Tripropylene. These additions are
based on the criteria contained in the IMDG Code for substances
classified as toxic to the aquatic environment. The HMR maintain a list
as the basis for regulating substances toxic to the aquatic environment
and allow use of the criteria in the IMDG Code if a listed material
does not meet the criteria for a marine pollutant. PHMSA periodically
updates this list based on changes to the IMDG Code and evaluation of
listed materials against the IMDG Code criteria. Amending the marine
pollutant list facilitates consistent communication of the presence of
marine pollutants, as well as safe and efficient transportation,
without imposing significant burden associated with characterizing
mixtures as marine pollutants.
Packaging Revisions: These changes include design,
construction, and performance testing criteria of composite reinforced
tubes between 450 L and 3,000 L water capacity.
These amendments permit additional flexibility for authorized
packages without compromising environmental protection or safety.
Manufacturing and performance standards for gas pressure receptacles
strengthen the packaging without being overly prescriptive. Increased
flexibility will also add to environmental protection by increasing the
ease of regulatory compliance.
Packaging Requirements for Water-Reactive Materials
Transported by Vessel: PHMSA is adopting various amendments to
packaging requirements for the vessel transportation of water-reactive
substances. The amendments include requiring certain commodities to
have hermetically sealed packaging and requiring other commodities--
when packed in flexible, fiberboard, or wooden packagings--to have
sift-proof and water-resistant packaging or packaging fitted with a
sift-proof and water-resistant liner. This amendment reduces the risk
of fire on board cargo vessels carrying hazardous materials that can
react dangerously with the ship's available water and carbon dioxide
fire extinguishing systems.
PHMSA is amending the packaging requirements for vessel
transportation of hazardous materials that react with water or moisture
to generate excessive heat or release toxic or flammable gases. Common
causes for water entering into the container are: Water entering
through ventilation or structural flaws in the container; water
entering into the containers placed on deck or in the hold in heavy
seas; and water entering into the cargo space upon a ship collision or
leak. If water has already entered the container, the packaging is the
only protection from the fire. In this final rule, PHMSA is
strengthening the ability of these packages transporting water-reactive
substances. This amendment will allow for a net increase in
environmental protection and safety by keeping reactive substances in
their packages, thus preventing release and damage to human health and
the natural environment.
Hazard Communication Requirements for Lithium Batteries:
PHMSA is revising hazard communication requirements for shipments of
lithium batteries. Specifically, PHMSA is: Adopting a new lithium
battery label in place of the existing Class 9 label; amending the
existing marking requirements for small lithium battery shipments in
Sec. 173.185(c) to incorporate a new standard lithium battery mark for
use across all modes; deleting the documentation requirement in Sec.
173.185(c) for shipments of small lithium cells and batteries; and
amending the exception for small lithium cells and batteries requiring
the lithium battery mark from the current applicability of ``no more
than four lithium cells or two lithium batteries installed in the
equipment'' to ``no more than four lithium cells or two lithium
batteries installed in equipment, where there are not more than two
packages in the consignment.''
Greenhouse gas emissions would remain the same under this
amendment.
U.S.-Canada Regulatory Cooperation Council (RCC)
Amendments: PHMSA is making amendments to the HMR resulting from
coordination with Canada under the U.S.-Canada RCC. We are adopting
provisions for recognition of TC cylinders, equivalency certificates,
and inspection and repair of cargo tanks. The additions intend to
provide reciprocal treatment of DOT Special Permits and TC equivalency
certificates, DOT cylinders and TC cylinders, and cargo tank repair
capabilities in both countries. Amending the HMR facilitates consistent
communication for substances transported by cylinders and cargo tanks,
thus decreasing not only incident response time, but the number and
severity of environmental and safety incidents. The action is
consistent with concurrent actions by Transport Canada to amend the TDG
Regulations.
4. Agencies Consulted
PHMSA has coordinated with the U.S. Federal Aviation
Administration, the Federal Motor Carrier Safety Administration, the
Federal Railroad Administration, and the U.S. Coast Guard, in the
development of this final rule. PHMSA has considered the views
expressed in comments to the NPRM.
5. Conclusion
The provisions of this final rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by highway, rail,
aircraft, and vessel, thereby reducing the risks of an accidental or
intentional release of hazardous materials and consequent environmental
damage. PHMSA concludes that the net environmental impact will be
positive and that there are no significant environmental impacts
associated with this final rule.
[[Page 15832]]
J. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477), or you
may visit http://www.dot.gov/privacy.html.
K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609, ``Promoting International Regulatory
Cooperation'', agencies must consider whether the impacts associated
with significant variations between domestic and international
regulatory approaches are unnecessary or may impair the ability of
American business to export and compete internationally. See 77 FR
26413 (May 4, 2012). In meeting shared challenges involving health,
safety, labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards
to protect the safety of the American public. PHMSA has assessed the
effects of this rulemaking and determined that it does not cause
unnecessary obstacles to foreign trade. In fact, the rule is designed
to facilitate international trade. Accordingly, this rulemaking is
consistent with Executive Order 13609 and PHMSA's obligations under the
Trade Agreement Act, as amended.
L. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs Federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This final
rule involves multiple voluntary consensus standards which are
discussed at length in the ``Section-by-Section Review'' for Sec.
171.7.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Incorporation by reference, Packaging and containers,
Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 175
Air carriers, Hazardous materials transportation, Radioactive
materials, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 176
Maritime carriers, Hazardous materials transportation,
Incorporation by reference, Radioactive materials, Reporting and
recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, PHMSA amends 49 CFR chapter I as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-121, sections 212-213; Pub. L. 104-134, section
31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81
and 1.97.
0
2. In Sec. 107.502, paragraph (b) is revised to read as follows:
Sec. 107.502 General registration requirements.
* * * * *
(b) No person may engage in the manufacture, assembly,
certification, inspection or repair of a cargo tank or cargo tank motor
vehicle manufactured under the terms of a DOT specification under
subchapter C of this chapter or a special permit issued under this part
unless the person is registered with the Department in accordance with
the provisions of this subpart. A person employed as an inspector or
design certifying engineer is considered to be registered if the
person's employer is registered. The requirements of this paragraph (b)
do not apply to a person engaged in the repair of a DOT specification
cargo tank used in the transportation of hazardous materials in the
United States in accordance with Sec. 180.413(a)(1)(iii) of this
chapter.
* * * * *
0
3. In Sec. 107.801, paragraph (a)(2) is revised to read as follows:
Sec. 107.801 Purpose and scope.
(a) * * *
(2) A person who seeks approval to engage in the requalification
(e.g. inspection, testing, or certification), rebuilding, or repair of
a cylinder manufactured in accordance with a DOT specification or a
pressure receptacle in accordance with a UN standard under subchapter C
of this chapter or under the terms of a special permit issued
[[Page 15833]]
under this part, or a cylinder or tube manufactured in accordance with
a TC, CTC, CRC, or BTC specification under the Transport Canada TDG
Regulations (IBR; see Sec. 171.7 of this chapter);
* * * * *
0
4. In Sec. 107.805, paragraphs (a), (c)(2), (d), and (f) are revised
to read as follows:
Sec. 107.805 Approval of cylinder and pressure receptacle
requalifiers.
(a) General. A person must meet the requirements of this section to
be approved to inspect, test, certify, repair, or rebuild a cylinder in
accordance with a DOT specification or a UN pressure receptacle under
subpart C of part 178 or subpart C of part 180 of this chapter, or
under the terms of a special permit issued under this part, or a TC,
CTC, CRC, or BTC specification cylinder or tube manufactured in
accordance with the TDG Regulations (IBR, see Sec. 171.7 of this
chapter).
* * * * *
(c) * * *
(2) The types of DOT specification or special permit cylinders, UN
pressure receptacles, or TC, CTC, CRC, or BTC specification cylinders
or tubes that will be inspected, tested, repaired, or rebuilt at the
facility;
* * * * *
(d) Issuance of requalifier identification number (RIN). The
Associate Administrator issues a RIN as evidence of approval to
requalify DOT specification or special permit cylinders, or TC, CTC,
CRC, or BTC specification cylinders or tubes, or UN pressure
receptacles if it is determined, based on the applicant's submission
and other available information, that the applicant's qualifications
and, when applicable, facility are adequate to perform the requested
functions in accordance with the criteria prescribed in subpart C of
part 180 of this subchapter or TDG Regulations, as applicable.
* * * * *
(f) Exceptions. The requirements in paragraphs (b) and (c) of this
section do not apply to:
(1) A person who only performs inspections in accordance with Sec.
180.209(g) of this chapter provided the application contains the
following, in addition to the information prescribed in Sec.
107.705(a): Identifies the DOT specification/special permit cylinders
to be inspected; certifies the requalifier will operate in compliance
with the applicable requirements of subchapter C of this chapter;
certifies the persons performing inspections have been trained and have
the information contained in each applicable CGA publication
incorporated by reference in Sec. 171.7 of this chapter applicable to
the requalifiers' activities; and includes the signature of the person
making the certification and the date on which it was signed. Each
person must comply with the applicable requirements in this subpart. In
addition, the procedural requirements in subpart H of this part apply
to the filing, processing and termination of an approval issued under
this subpart; or
(2) A person holding a DOT-issued RIN to perform the
requalification (inspect, test, certify), repair, or rebuild of DOT
specification cylinders, that wishes to perform any of these actions on
corresponding TC, CTC, CRC, or BTC cylinders or tubes may submit an
application that, in addition to the information prescribed in Sec.
107.705(a): Identifies the TC, CTC, CRC, or BTC specification
cylinder(s) or tube(s) to be inspected; certifies the requalifier will
operate in compliance with the applicable TDG Regulations; certifies
the persons performing requalification have been trained in the
functions applicable to the requalifiers' activities; and includes the
signature of the person making the certification and the date on which
it was signed. In addition, the procedural requirements in subpart H of
this part apply to the filing, processing and termination of an
approval issued under this subpart.
(3) A person holding a certificate of registration issued by
Transport Canada in accordance with the TDG Regulations to perform the
requalification (inspect, test, certify), repair, or rebuild of a TC,
CTC, CRC, or BTC cylinder who performs any of these actions on
corresponding DOT specification cylinders.
* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
5. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
6. In Sec. 171.2, paragraph (h)(1) is revised to read as follows:
Sec. 171.2 General requirements.
* * * * *
(h) * * *
(1) Specification identifications that include the letters ``ICC'',
``DOT'', ``TC'', ``CTC'', ``CRC'', ``BTC'', ``MC'', or ``UN'';
* * * * *
0
7. In Sec. 171.7:
0
a. Revise paragraphs (a)(1), (h)(44), (t), (v) introductory text,
(v)(2), (w), (bb) introductory text, and (bb)(1) introductory text;
0
b, Add paragraphs (bb)(1)(xiii) through (xix); and
0
c. Revise paragraphs (dd).
The revisions and additions read as follows:
Sec. 171.7 Reference material.
(a) Matter incorporated by reference--(1) General. Certain material
is incorporated by reference into subchapters A, B, and C with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To enforce any edition other than that specified in
this section, PHMSA must publish a document in the Federal Register and
the material must be available to the public. Matters referenced by
footnote are included as part of the regulations of this subchapter.
* * * * *
(h) * * *
(44) ASTM D 4359-90 Standard Test Method for Determining Whether a
Material is a Liquid or a Solid, 1990 into Sec. Sec. 130.5, 171.8.
* * * * *
(t) International Civil Aviation Organization (``ICAO''), 999
Robert-Bourassa Boulevard, Montr[eacute]al, Quebec H3C 5H7, Canada, 1-
514-954-8219, http://www.icao.int. ICAO Technical Instructions
available from: ICAO Document Sales Unit, [email protected].
(1) Technical Instructions for the Safe Transport of Dangerous
Goods by Air (ICAO Technical Instructions), 2017-2018 Edition,
copyright 2016, into Sec. Sec. 171.8; 171.22; 171.23; 171.24; 172.101;
172.202; 172.401; 172.512; 172.519; 172.602; 173.56; 173.320; 175.10,
175.33; 178.3.
(2) [Reserved]
* * * * *
(v) International Maritime Organization (``IMO''), 4 Albert
Embankment, London, SE1 7SR, United Kingdom, + 44 (0) 20 7735 7611,
http://www.imo.org. IMDG Code available from: IMO Publishing,
[email protected].
* * * * *
(2) International Maritime Dangerous Goods Code (IMDG Code),
Incorporating Amendment 38-16 (English Edition), 2016 Edition, into
Sec. Sec. 171.22; 171.23; 171.25; 172.101; 172.202; 172.203 172.401;
172.502; 172.519; 172.602; 173.21; 173.56; 176.2; 176.5; 176.11;
176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 176.906; 178.3;
178.274.
(w) International Organization for Standardization, Case Postale
56, CH-1211, Geneve 20, Switzerland, http://
[[Page 15834]]
www.iso.org. Also available from: ANSI 25, West 43rd Street, New York,
NY 10036, 1-212-642-4900, http://www.ansi.org.
(1) ISO 535-1991(E) Paper and board--Determination of water
absorptiveness--Cobb method, 1991, into Sec. Sec. 178.707; 178.708;
178.516.
(2) ISO 1496-1: 1990 (E)--Series 1 freight containers--
Specification and testing, Part 1: General cargo containers. Fifth
Edition, (August 15, 1990), into Sec. 173.411.
(3) ISO 1496-3(E)--Series 1 freight containers--Specification and
testing--Part 3: Tank containers for liquids, gases and pressurized dry
bulk, Fourth edition, March 1995, into Sec. Sec. 178.74; 178.75;
178.274.
(4) ISO 1516:2002(E), Determination of flash/no flash--Closed cup
equilibrium method, Third Edition, 2002-03-01, into Sec. 173.120.
(5) ISO 1523:2002(E), Determination of flash point--Closed cup
equilibrium method, Third Edition, 2002-03-01, into Sec. 173.120.
(6) ISO 2431-1984(E) Standard Cup Method, 1984, into Sec. 173.121.
(7) ISO 2592:2000(E), Determination of flash and fire points--
Cleveland open cup method, Second Edition, 2000-09-15, into Sec.
173.120.
(8) ISO 2719:2002(E), Determination of flash point--Pensky-Martens
closed cup method, Third Edition, 2002-11-15, into Sec. 173.120.
(9) ISO 2919:1999(E), Radiation Protection--Sealed radioactive
sources--General requirements and classification, (ISO 2919), second
edition, February 15, 1999, into Sec. 173.469.
(10) ISO 3036-1975(E) Board--Determination of puncture resistance,
1975, into Sec. 178.708.
(11) ISO 3405:2000(E), Petroleum products--Determination of
distillation characteristics at atmospheric pressure, Third Edition,
2000-03-01, into Sec. 173.121.
(12) ISO 3574-1986(E) Cold-reduced carbon steel sheet of commercial
and drawing qualities, into Sec. 178.503; part 178, appendix C.
(13) ISO 3679:2004(E), Determination of flash point--Rapid
equilibrium closed cup method, Third Edition, 2004-04-01, into Sec.
173.120.
(14) ISO 3680:2004(E), Determination of flash/no flash--Rapid
equilibrium closed cup method, Fourth Edition, 2004-04-01, into Sec.
173.120.
(15) ISO 3807-2(E), Cylinders for acetylene--Basic requirements--
Part 2: Cylinders with fusible plugs, First edition, March 2000, into
Sec. Sec. 173.303; 178.71.
(16) ISO 3807:2013(E), Gas cylinders--Acetylene cylinders--Basic
requirements and type testing, Second edition, 2013-09-01, into
Sec. Sec. 173.303; 178.71.
(17) ISO 3924:1999(E), Petroleum products--Determination of boiling
range distribution--Gas chromatography method, Second Edition, 1999-08-
01, into Sec. 173.121.
(18) ISO 4126-1:2004(E): Safety devices for protection against
excessive pressure--Part 1: Safety valves, Second edition 2004-02-15,
into Sec. 178.274.
(19) ISO 4126-7:2004(E): Safety devices for protection against
excessive pressure--Part 7: Common data, First Edition 2004-02-15 into
Sec. 178.274.
(20) ISO 4126-7:2004/Cor.1:2006(E): Safety devices for protection
against excessive pressure--Part 7: Common data, Technical Corrigendum
1, 2006-11-01, into Sec. 178.274.
(21) ISO 4626:1980(E), Volatile organic liquids--Determination of
boiling range of organic solvents used as raw materials, First Edition,
1980-03-01, into Sec. 173.121.
(22) ISO 4706:2008(E), Gas cylinders--Refillable welded steel
cylinders--Test pressure 60 bar and below, First Edition, 2008-07-014,
Corrected Version, 2008-07-01, into Sec. 178.71.
(23) ISO 6406(E), Gas cylinders--Seamless steel gas cylinders--
Periodic inspection and testing, Second edition, February 2005, into
Sec. 180.207.
(24) ISO 6892 Metallic materials--Tensile testing, July 15, 1984,
First Edition, into Sec. 178.274.
(25) ISO 7225(E), Gas cylinders--Precautionary labels, Second
Edition, July 2005, into Sec. 178.71.
(26) ISO 7866(E), Gas cylinders--Refillable seamless aluminum alloy
gas cylinders--Design, construction and testing, First edition, June
1999, into Sec. 178.71.
(27) ISO 7866:2012(E), Gas cylinders--Refillable seamless aluminium
alloy gas cylinders--Design, construction and testing, Second edition,
2012-09-01, into Sec. 178.71.
(28) ISO 7866:2012/Cor.1:2014(E), Gas cylinders -- Refillable
seamless aluminium alloy gas cylinders -- Design, construction and
testing, Technical Corrigendum 1, 2014-04-15, into Sec. 178.71.
(29) ISO 8115 Cotton bales--Dimensions and density, 1986 Edition,
into Sec. 172.102.
(30) ISO 9809-1:1999(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.,
First edition, June 1999, into Sec. Sec. 178.37; 178.71; 178.75.
(31) ISO 9809-1:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1 100 MPa.,
Second edition, 2010-04-15, into Sec. Sec. 178.37; 178.71; 178.75.
(32) ISO 9809-2:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa., First edition, June 2000, into Sec. Sec. 178.71; 178.75.
(33) ISO 9809-2:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa., Second edition, 2010-04-15, into Sec. Sec. 178.71; 178.75.
(34) ISO 9809-3:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, First edition, December 2000, into Sec. Sec. 178.71;
178.75.
(35) ISO 9809-3:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, Second edition, 2010-04-15, into Sec. Sec. 178.71;
178.75.
(36) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 4: Stainless
steel cylinders with an Rm value of less than 1 100 MPa, First edition,
2014-07-15, into Sec. Sec. 178.71; 178.75.
(37) ISO 9978:1992(E)--Radiation protection--Sealed radioactive
sources--Leakage test methods. First Edition, (February 15, 1992), into
Sec. 173.469.
(38) ISO 10156:2010(E): Gases and gas mixtures--Determination of
fire potential and oxidizing ability for the selection of cylinder
valve outlets, Third edition, 2010-04-01, into Sec. 173.115.
(39) ISO 10156:2010/Cor.1:2010(E): Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection
of cylinder valve outlets, Technical Corrigendum 1, 2010-09-01, into
Sec. 173.115.
(40) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder
valves--Specification and type testing, First Edition, 1995-05-01, into
Sec. Sec. 173.301b; 178.71.
(41) ISO 10297:2006(E), Transportable gas cylinders--Cylinder
valves--Specification and type testing, Second Edition, 2006-01-15,
into Sec. Sec. 173.301b; 178.71.
[[Page 15835]]
(42) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third Edition, 20014-07-15, into
Sec. Sec. 173.301b; 178.71.
(43) ISO 10461:2005(E), Gas cylinders--Seamless aluminum-alloy gas
cylinders--Periodic inspection and testing, Second Edition, 2005-02-15
and Amendment 1, 2006-07-15, into Sec. 180.207.
(44) ISO 10462 (E), Gas cylinders--Transportable cylinders for
dissolved acetylene--Periodic inspection and maintenance, Second
edition, February 2005, into Sec. 180.207.
(45) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third edition, 2013-12-15, into
Sec. 180.207.
(46) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve
connections for use in the micro-electronics industry--Part 2:
Specification and type testing for valve to cylinder connections, First
Edition, 2001-08-01, into Sec. Sec. 173.40; 173.302c.
(47) ISO 11114-1:2012(E), Gas cylinders--Compatibility of cylinder
and valve materials with gas contents--Part 1: Metallic materials,
Second edition, 2012-03-15, into Sec. Sec. 172.102; 173.301b; 178.71.
(48) ISO 11114-2:2013(E), Gas cylinders--Compatibility of cylinder
and valve materials with gas contents--Part 2: Non-metallic materials,
Second edition, 2013-04-01, into Sec. Sec. 173.301b; 178.71.
(49) ISO 11117:1998(E): Gas cylinders--Valve protection caps and
valve guards for industrial and medical gas cylinders.--Design,
construction and tests, First edition, 1998-08-01, into Sec. 173.301b.
(50) ISO 11117:2008(E): Gas cylinders--Valve protection caps and
valve guards--Design, construction and tests, Second edition, 2008-09-
01, into Sec. 173.301b.
(51) ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve protection
caps and valve guards--Design, construction and tests, Technical
Corrigendum 1, 2009-05-01, into Sec. 173.301b.
(52) ISO 11118(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, First edition, October 1999,
into Sec. 178.71.
(53) ISO 11119-1(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 1: Hoop-wrapped
composite gas cylinders, First edition, May 2002, into Sec. 178.71.
(54) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing-- Part 1: Hoop
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l,
Second edition, 2012-08-01, into Sec. 178.71.
(55) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 2: Fully wrapped
fibre reinforced composite gas cylinders with load-sharing metal
liners, First edition, May 2002, into Sec. 178.71.
(56) ISO 11119-2:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 2: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with load-sharing metal liners, Second edition, 2012-07-15, into Sec.
178.71.
(57) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable
composite gas cylinders and tubes--Design, construction and testing--
Part 2: Fully wrapped fibre reinforced composite gas cylinders and
tubes up to 450 l with load-sharing metal liners, Amendment 1, 2014-08-
15, into Sec. 178.71.
(58) ISO 11119-3(E), Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load-sharing metallic or non-metallic
liners, First edition, September 2002, into Sec. 178.71.
(59) ISO 11119-3:2013(E), Gas cylinders-- Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 3: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with non-load-sharing metallic or non-metallic liners, Second edition,
2013-04-15, into Sec. 178.71.
(60) ISO 11120(E), Gas cylinders--Refillable seamless steel tubes
of water capacity between 150 L and 3000 L--Design, construction and
testing, First edition, March 1999, into Sec. Sec. 178.71; 178.75.
(61) ISO 11513:2011(E), Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection, First edition, 2011-09-12, into Sec. Sec. 173.302c;
178.71; 180.207.
(62) ISO 11621(E), Gas cylinders--Procedures for change of gas
service, First edition, April 1997, into Sec. Sec. 173.302, 173.336,
173.337.
(63) ISO 11623(E), Transportable gas cylinders--Periodic inspection
and testing of composite gas cylinders, First edition, March 2002, into
Sec. 180.207.
(64) ISO 13340:2001(E) Transportable gas cylinders--Cylinder valves
for non-refillable cylinders--Specification and prototype testing,
First edition, 2004-04-01, into Sec. Sec. 173.301b; 178.71.
(65) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09-15, into Sec. 173.120.
(66) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride, First Edition, 2008-11-15, into
Sec. Sec. 173.301b; 173.311; 178.71.
(67) ISO 18172-1:2007(E), Gas cylinders--Refillable welded
stainless steel cylinders--Part 1: Test pressure 6 MPa and below, First
Edition, 2007-03-01, into Sec. 178.71.
(68) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing, First Edition, 2006-
05-01, into Sec. 178.71.
* * * * *
(bb) Transport Canada, Transport Dangerous Goods. Mailstop: ASD 330
Sparks Street, Ottawa, Ontario, Canada K1A 0N5, 416-973-1868, http://www.tc.gc.ca.
(1) Transportation of Dangerous Goods Regulations (Transport Canada
TDG Regulations), into Sec. Sec. 107.801; 107.805; 171.12; 171.22;
171.23; 172.401; 172.502; 172.519; 172.602; 173.31; 173.32; 173.33;
173.301; 180.205; 180.211; 180.212; 180.413.
* * * * *
(xiii) SOR/2014-152 July 2, 2014.
(xiv) SOR/2014-159 July 2, 2014.
(xv) SOR/2014-159 Erratum July 16, 2014.
(xvi) SOR/2014-152 Erratum August 27, 2014.
(xvii) SOR/2014-306 December 31, 2014.
(xviii) SOR/2014-306 Erratum January 28, 2015.
(xix) SOR/2015-100 May 20, 2015.
* * * * *
(dd) United Nations, Bookshop, GA-1B-103, New York, NY 10017, 1-
212-963-7680, https://shop.un.org or [email protected].
(1) UN Recommendations on the Transport of Dangerous Goods, Model
Regulations (UN Recommendations), 19th revised edition, Volumes I and
II (2015), into Sec. Sec. 171.8; 171.12; 172.202; 172.401; 172.407;
172.502; 173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b;
173.304b; 178.75; 178.274.
(2) UN Recommendations on the Transport of Dangerous Goods, Manual
of Tests and Criteria, (Manual of Tests and Criteria), Sixth revised
edition (2015), into Sec. Sec. 171.24, 172.102; 173.21; 173.56;
173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128;
173.137; 173.185; 173.220; 173.221;
[[Page 15836]]
173.225, part 173, appendix H; 176.905; 178.274.
(3) UN Recommendations on the Transport of Dangerous Goods,
Globally Harmonized System of Classification and Labelling of Chemicals
(GHS), Sixth revised edition (2015), into Sec. 172.401.
* * * * *
0
8. In Sec. 171.8:
0
a. Revise the definition of ``Aerosol'';
0
b. Add a definition for ``Design life'' in alphabetical order;
0
c. Revise the definition of ``Large salvage packaging'';
0
d. Add definitions for ``SAPT'' and ``Service life'' in alphabetical
order; and
0
e. Revise the definition of ``UN tube.''
The revisions and additions read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Aerosol means an article consisting of any non-refillable
receptacle containing a gas compressed, liquefied or dissolved under
pressure, the sole purpose of which is to expel a nonpoisonous (other
than a Division 6.1 Packing Group III material) liquid, paste, or
powder and fitted with a self-closing release device allowing the
contents to be ejected by the gas.
* * * * *
Design life, for composite cylinders and tubes, means the maximum
life (in number of years) to which the cylinder or tube is designed and
approved in accordance with the applicable standard.
* * * * *
Large salvage packaging means a special packaging into which
damaged, defective, leaking or non-conforming hazardous materials
packages, or hazardous materials that have spilled or leaked are placed
for the purpose of transport for recovery or disposal, that--
(1) Is designed for mechanical handling; and
(2) Has a net mass greater than 400 kg (882 pounds) or a capacity
of greater than 450 L (119 gallons), but has a volume of not more than
3 cubic meters (106 cubic feet).
* * * * *
SAPT means self-accelerated polymerization temperature. See Sec.
173.21(f) of this subchapter. This definition will be effective until
January 2, 2019.
* * * * *
Service life, for composite cylinders and tubes, means the number
of years the cylinder or tube is permitted to be in service.
* * * * *
UN tube means a transportable pressure receptacle of seamless or
composite construction having with a water capacity exceeding 150 L
(39.6 gallons) but not more than 3,000 L (792.5 gallons) that has been
marked and certified as conforming to the requirements in part 178 of
this subchapter.
* * * * *
0
9. In Sec. 171.12, paragraphs (a)(1) and (4) are revised to read as
follows:
Sec. 171.12 North American Shipments.
(a) * * *
(1) A hazardous material transported from Canada to the United
States, from the United States to Canada, or transiting the United
States to Canada or a foreign destination may be offered for
transportation or transported by motor carrier and rail in accordance
with the Transport Canada TDG Regulations (IBR, see Sec. 171.7) or an
equivalency certificate (permit for equivalent level of safety) issued
under the TDG Regulations, as authorized in Sec. 171.22, provided the
requirements in Sec. Sec. 171.22 and 171.23, as applicable, and this
section are met. In addition, a cylinder, MEGC, cargo tank motor
vehicle, portable tank or rail tank car authorized by the Transport
Canada TDG Regulations may be used for transportation to, from, or
within the United States provided the cylinder, MEGC, cargo tank motor
vehicle, portable tank or rail tank car conforms to the applicable
requirements of this section. Except as otherwise provided in this
subpart and subpart C of this part, the requirements in parts 172, 173,
and 178 of this subchapter do not apply for a material transported in
accordance with the Transport Canada TDG Regulations.
* * * * *
(4) Cylinders and MEGCs. When the provisions of this subchapter
require that a DOT specification or a UN pressure receptacle must be
used for a hazardous material, a packaging authorized by the Transport
Canada TDG Regulations may be used only if it corresponds to the DOT
specification or UN standard authorized by this subchapter. Unless
otherwise excepted in this subchapter, a cylinder (including a UN
pressure receptacle) or MEGC may not be transported unless--
(i) The packaging is a UN pressure receptacle or MEGC marked with
the letters ``CAN'' for Canada as a country of manufacture or a country
of approval or is a cylinder that was manufactured, inspected and
tested in accordance with a DOT specification or a UN standard
prescribed in part 178 of this subchapter, except that cylinders not
conforming to these requirements must meet the requirements in Sec.
171.23. Each cylinder must conform to the applicable requirements in
part 173 of this subchapter for the hazardous material involved.
(ii) A Canadian Railway Commission (CRC), Board of Transport
Commissioners for Canada (BTC), Canadian Transport Commission (CTC) or
Transport Canada (TC) specification cylinder manufactured, originally
marked, and approved in accordance with the TDG Regulations, and in
full conformance with the TDG Regulations is authorized for
transportation to, from or within the United States provided:
(A) The CRC, BTC, CTC or TC specification cylinder corresponds with
a DOT specification cylinder and the markings are the same as those
specified in this subchapter, except that the original markings were
``CRC'', ``BTC'', ``CTC'', or ``TC'';
(B) The cylinder has been requalified under a program authorized by
the TDG Regulations or subpart I of part 107 of this chapter;
(C) When the regulations authorize a cylinder for a specific
hazardous material with a specification marking prefix of ``DOT,'' a
cylinder marked ``CRC'', ``BTC'', ``CTC'', or ``TC'' otherwise bearing
the same markings required of the specified ``DOT'' cylinder may be
used; and
(D) Transport of the cylinder and the material it contains is in
all other respects in conformance with the requirements of this
subchapter (e.g. valve protection, filling requirements, operational
requirements, etc.).
(iii) Authorized CRC, BTC, CTC or TC specification cylinders that
correspond with a DOT specification cylinder are as follows:
----------------------------------------------------------------------------------------------------------------
DOT (some or all of these CTC (some or all of these
TC specifications may instead be marked specifications may instead be marked
with the prefix ICC) with the prefix BTC or CRC)
----------------------------------------------------------------------------------------------------------------
TC-3AM........................... DOT-3A [ICC-3] CTC-3A
[[Page 15837]]
TC-3AAM.......................... DOT-3AA CTC-3AA
TC-3ANM.......................... DOT-3BN CTC-3BN
TC-3EM........................... DOT-3E CTC-3E
TC-3HTM.......................... DOT-3HT CTC-3HT
TC-3ALM.......................... DOT-3AL CTC-3AL
DOT-3B CTC-3B
TC-3AXM.......................... DOT-3AX CTC-3AX
TC-3AAXM......................... DOT-3AAX CTC-3AAX
DOT-3A480X CTC-3A480X
TC-3TM........................... DOT-3T
TC-4AAM33........................ DOT-4AA480 CTC-4AA480
TC-4BM........................... DOT-4B CTC-4B
TC-4BM17ET....................... DOT-4B240ET CTC-4B240ET
TC-4BAM.......................... DOT-4BA CTC-4BA
TC-4BWM.......................... DOT-4BW CTC-4BW
TC-4DM........................... DOT-4D CTC-4D
TC-4DAM.......................... DOT-4DA CTC-4DA
TC-4DSM.......................... DOT-4DS CTC-4DS
TC-4EM........................... DOT-4E CTC-4E
TC-39M........................... DOT-39 CTC-39
TC-4LM........................... DOT-4L CTC-4L
DOT-8 CTC-8
DOT-8AL CTC-8AL
----------------------------------------------------------------------------------------------------------------
* * * * *
0
10. In Sec. 171.23, paragraph (a) is revised to read as follows:
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
(a) Conditions and requirements for cylinders. (1) Except as
provided in this paragraph (a), a filled cylinder (pressure receptacle)
manufactured to other than a DOT specification or a UN standard in
accordance with part 178 of this subchapter, a DOT exemption or special
permit cylinder, a TC, CTC, CRC, or BTC cylinder authorized under Sec.
171.12, or a cylinder used as a fire extinguisher in conformance with
Sec. 173.309(a) of this subchapter, may not be transported to, from,
or within the United States.
(2) Cylinders (including UN pressure receptacles) transported to,
from, or within the United States must conform to the applicable
requirements of this subchapter. Unless otherwise excepted in this
subchapter, a cylinder must not be transported unless--
(i) The cylinder is manufactured, inspected and tested in
accordance with a DOT specification or a UN standard prescribed in part
178 of this subchapter, or a TC, CTC, CRC, or BTC specification set out
in the Transport Canada TDG Regulations (IBR, see Sec. 171.7), except
that cylinders not conforming to these requirements must meet the
requirements in paragraph (a)(3), (4), or (5) of this section;
(ii) The cylinder is equipped with a pressure relief device in
accordance with Sec. 173.301(f) of this subchapter and conforms to the
applicable requirements in part 173 of this subchapter for the
hazardous material involved;
(iii) The openings on an aluminum cylinder in oxygen service
conform to the requirements of this paragraph, except when the cylinder
is used for aircraft parts or used aboard an aircraft in accordance
with the applicable airworthiness requirements and operating
regulations. An aluminum DOT specification cylinder must have an
opening configured with straight (parallel) threads. A UN pressure
receptacle may have straight (parallel) or tapered threads provided the
UN pressure receptacle is marked with the thread type, e.g. ``17E, 25E,
18P, or 25P'' and fitted with the properly marked valve; and
(iv) A UN pressure receptacle is marked with ``USA'' as a country
of approval in conformance with Sec. Sec. 178.69 and 178.70 of this
subchapter, or ``CAN'' for Canada.
(3) Importation of cylinders for discharge within a single port
area. A cylinder manufactured to other than a DOT specification or UN
standard in accordance with part 178 of this subchapter, or a TC, CTC,
BTC, or CRC specification cylinder set out in the Transport Canada TDG
Regulations (IBR, see Sec. 171.7), and certified as being in
conformance with the transportation regulations of another country may
be authorized, upon written request to and approval by the Associate
Administrator, for transportation within a single port area, provided--
(i) The cylinder is transported in a closed freight container;
(ii) The cylinder is certified by the importer to provide a level
of safety at least equivalent to that required by the regulations in
this subchapter for a comparable DOT, TC, CTC, BTC, or CRC
specification or UN cylinder; and
(iii) The cylinder is not refilled for export unless in compliance
with paragraph (a)(4) of this section.
(4) Filling of cylinders for export or for use on board a vessel. A
cylinder not manufactured, inspected, tested and marked in accordance
with part 178 of this subchapter, or a cylinder manufactured to other
than a UN standard, DOT specification, exemption or special permit, or
other than a TC, CTC, BTC, or CRC specification, may be filled with a
gas in the United States and offered for transportation and transported
for export or alternatively, for use on board a vessel, if the
following conditions are met:
(i) The cylinder has been requalified and marked with the month and
year of requalification in accordance with subpart C of part 180 of
this subchapter, or has been requalified as authorized by the Associate
Administrator;
(ii) In addition to other requirements of this subchapter, the
maximum filling density, service pressure, and pressure relief device
for each cylinder conform to the requirements of this part for the gas
involved; and
[[Page 15838]]
(iii) The bill of lading or other shipping paper identifies the
cylinder and includes the following certification: ``This cylinder has
(These cylinders have) been qualified, as required, and filled in
accordance with the DOT requirements for export.''
(5) Cylinders not equipped with pressure relief devices. A DOT
specification or a UN cylinder manufactured, inspected, tested and
marked in accordance with part 178 of this subchapter and otherwise
conforms to the requirements of part 173 of this subchapter for the gas
involved, except that the cylinder is not equipped with a pressure
relief device may be filled with a gas and offered for transportation
and transported for export if the following conditions are met:
(i) Each DOT specification cylinder or UN pressure receptacle must
be plainly and durably marked ``For Export Only'';
(ii) The shipping paper must carry the following certification:
``This cylinder has (These cylinders have) been retested and refilled
in accordance with the DOT requirements for export.''; and
(iii) The emergency response information provided with the shipment
and available from the emergency response telephone contact person must
indicate that the pressure receptacles are not fitted with pressure
relief devices and provide appropriate guidance for exposure to fire.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
11. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
12. In Sec. 172.101:
0
a. The Hazardous Materials Table is amended by removing the entries
under ``[REMOVE]'' and by adding the entries under ``[ADD]'' and
revising the entries under ``[REVISE]'' in the appropriate alphabetical
sequence; and
0
b. In appendix B to Sec. 172.101, the List of Marine Pollutants is
amended by adding five (5) entries in appropriate alphabetical order.
The additions and revisions read as follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
Sec. 172.101 Hazardous Materials Table
BILLING CODE 4910-60-P
[[Page 15839]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.000
[[Page 15840]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.001
[[Page 15841]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.002
[[Page 15842]]
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[[Page 15843]]
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[[Page 15844]]
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[[Page 15845]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.006
[[Page 15846]]
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[[Page 15847]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.008
[[Page 15848]]
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[[Page 15849]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.010
[[Page 15850]]
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[[Page 15851]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.012
[[Page 15852]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.013
[[Page 15853]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.014
[[Page 15854]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.015
[[Page 15855]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.016
[[Page 15856]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.017
[[Page 15857]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.018
[[Page 15858]]
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[[Page 15859]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.020
[[Page 15860]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.021
[[Page 15861]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.022
[[Page 15862]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.023
[[Page 15863]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.024
[[Page 15864]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.025
[[Page 15865]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.026
[[Page 15866]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.027
[[Page 15867]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.028
[[Page 15868]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.029
[[Page 15869]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.030
[[Page 15870]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.031
BILLING CODE 4910-60-C
Appendix B to Sec. 172.101--List of Marine Pollutants.
* * * * *
List of Marine Pollutants
------------------------------------------------------------------------
S. M. P. (1) Marine pollutant (2)
------------------------------------------------------------------------
* * * * *
Hypochlorite solutions
* * * * *
Isoprene, stabilized
* * * * *
N-Methylaniline
* * * * *
Methylcyclohexane
* * * * *
Tripropylene
* * * * *
------------------------------------------------------------------------
0
13. In Sec. 172.102:
0
a. In paragraph (c)(1):
0
i. Revise special provisions 40, 134, and 135;
0
ii. Add special provisions 157, 181, and 182 in numerical order;
0
iii. Revise special provisions 238 and 369; and
0
iv. Add special provisions, 379, 387, 420, 421 and 422 in numerical
order.
0
b. In paragraph (c)(2), special provisions A210 and A212 are added in
numerical order.
0
c. In paragraph (c)(3), special provisions B134 and B135 are added in
numerical order.
0
d. In paragraph (c)(4), Table 2--IP Codes is revised.
0
e. In paragraph (c)(5), special provision N90 is revised and N92 is
added in numerical order.
0
f. In paragraph (c)(9), special provisions W31, W32, W40, and W100 are
added in numerical order.
The additions and revisions read as follows:
Sec. 172.102 Special Provisions.
* * * * *
(c) * * *
(1) * * *
40 Polyester resin kits consist of two components: A base material
(either Class 3 or Division 4.1, Packing Group II or III) and an
activator (organic peroxide), each separately packed in an inner
packaging. The organic peroxide must be type D, E, or F, not requiring
temperature control. The components may be placed in the same outer
packaging provided they will not interact dangerously in the event of
leakage. The Packing Group assigned will be II or III, according to the
classification criteria for either Class 3 or Division 4.1, as
appropriate, applied to the base material. Additionally, unless
otherwise excepted in this subchapter, polyester resin kits must be
packaged in specification combination packagings based on the
performance level of the base material contained within the kit.
* * * * *
134 This entry only applies to vehicles powered by wet batteries,
sodium batteries, lithium metal batteries or lithium ion batteries and
equipment powered by wet batteries or sodium batteries that are
transported with these batteries installed.
a. For the purpose of this special provision, vehicles are self-
propelled apparatus designed to carry one or more persons or goods.
Examples of such vehicles are electrically-powered cars, motorcycles,
scooters, three- and four-wheeled vehicles or motorcycles, trucks,
locomotives, bicycles (pedal cycles with an electric motor) and other
vehicles of this type (e.g. self-balancing vehicles or vehicles not
equipped with at least one seating position), lawn tractors, self-
propelled farming and construction equipment, boats, aircraft,
wheelchairs and other mobility aids. This includes vehicles transported
in a packaging. In this case some parts of the vehicle may be detached
from its frame to fit into the packaging.
b. Examples of equipment are lawnmowers, cleaning machines or model
boats and model aircraft. Equipment powered by lithium metal batteries
or lithium ion batteries must be consigned under the entries ``Lithium
metal batteries contained in equipment'' or ``Lithium metal batteries
packed with equipment'' or ``Lithium ion batteries contained in
equipment'' or ``Lithium ion batteries packed with equipment'' as
appropriate.
c. Self-propelled vehicles or equipment that also contain an
internal combustion engine must be consigned under the entries
``Engine, internal combustion, flammable gas powered'' or ``Engine,
internal combustion, flammable liquid powered'' or ``Vehicle, flammable
gas powered'' or ``Vehicle, flammable liquid powered,'' as appropriate.
These entries include hybrid electric vehicles powered by both an
internal combustion engine and batteries. Additionally, self-propelled
vehicles or equipment that contain a fuel cell engine must be consigned
under the entries ``Engine, fuel cell, flammable gas powered'' or
``Engine, fuel cell, flammable liquid powered'' or ``Vehicle, fuel
cell, flammable gas
[[Page 15871]]
powered'' or ``Vehicle, fuel cell, flammable liquid powered,'' as
appropriate. These entries include hybrid electric vehicles powered by
a fuel cell engine, an internal combustion engine, and batteries.
135 Internal combustion engines installed in a vehicle must be
consigned under the entries ``Vehicle, flammable gas powered'' or
``Vehicle, flammable liquid powered,'' as appropriate. If a vehicle is
powered by a flammable liquid and a flammable gas internal combustion
engine, it must be consigned under the entry ``Vehicle, flammable gas
powered.'' These entries include hybrid electric vehicles powered by
both an internal combustion engine and wet, sodium or lithium batteries
installed. If a fuel cell engine is installed in a vehicle, the vehicle
must be consigned using the entries ``Vehicle, fuel cell, flammable gas
powered'' or ``Vehicle, fuel cell, flammable liquid powered,'' as
appropriate. These entries include hybrid electric vehicles powered by
a fuel cell, an internal combustion engine, and wet, sodium or lithium
batteries installed. For the purpose of this special provision,
vehicles are self-propelled apparatus designed to carry one or more
persons or goods. Examples of such vehicles are cars, motorcycles,
trucks, locomotives, scooters, three- and four-wheeled vehicles or
motorcycles, lawn tractors, self-propelled farming and construction
equipment, boats and aircraft.
* * * * *
157 When transported as a limited quantity or a consumer commodity,
the maximum net capacity specified in Sec. 173.151(b)(1)(i) of this
subchapter for inner packagings may be increased to 5 kg (11 pounds).
* * * * *
181 When a package contains a combination of lithium batteries
contained in equipment and lithium batteries packed with equipment, the
following requirements apply:
a. The shipper must ensure that all applicable requirements of
Sec. 173.185 of this subchapter are met. The total mass of lithium
batteries contained in any package must not exceed the quantity limits
in columns (9A) and (9B) for passenger aircraft or cargo aircraft, as
applicable;
b. Except as provided in Sec. 173.185(c)(3) of this subchapter,
the package must be marked ``UN 3091 Lithium metal batteries packed
with equipment'', or ``UN 3481 Lithium ion batteries packed with
equipment,'' as appropriate. If a package contains both lithium metal
batteries and lithium ion batteries packed with and contained in
equipment, the package must be marked as required for both battery
types. However, button cell batteries installed in equipment (including
circuit boards) need not be considered; and
c. The shipping paper must indicate ``UN 3091 Lithium metal
batteries packed with equipment'' or ``UN 3481 Lithium ion batteries
packed with equipment,'' as appropriate. If a package contains both
lithium metal batteries and lithium ion batteries packed with and
contained in equipment, then the shipping paper must indicate both ``UN
3091 Lithium metal batteries packed with equipment'' and ``UN 3481
Lithium ion batteries packed with equipment.''
182 Equipment containing only lithium batteries must be classified
as either UN 3091 or UN 3481.
* * * * *
238 Neutron radiation detectors: a. Neutron radiation detectors
containing non-pressurized boron trifluoride gas in excess of 1 gram
(0.035 ounces) and radiation detection systems containing such neutron
radiation detectors as components may be transported by highway, rail,
vessel, or cargo aircraft in accordance with the following:
a. Each radiation detector must meet the following conditions:
(1) The pressure in each neutron radiation detector must not exceed
105 kPa absolute at 20 [deg]C (68[emsp14][deg]F);
(2) The amount of gas must not exceed 13 grams (0.45 ounces) per
detector; and
(3) Each neutron radiation detector must be of welded metal
construction with brazed metal to ceramic feed through assemblies.
These detectors must have a minimum burst pressure of 1800 kPa as
demonstrated by design type qualification testing; and
(4) Each detector must be tested to a 1 x 10-10 cm\3\/s
leaktightness standard before filling.
b. Radiation detectors transported as individual components must be
transported as follows:
(1) They must be packed in a sealed intermediate plastic liner with
sufficient absorbent or adsorbent material to absorb or adsorb the
entire gas contents.
(2) They must be packed in strong outer packagings and the
completed package must be capable of withstanding a 1.8 meter (5.9
feet) drop without leakage of gas contents from detectors.
(3) The total amount of gas from all detectors per outer packaging
must not exceed 52 grams (1.83 ounces).
c. Completed neutron radiation detection systems containing
detectors meeting the conditions of paragraph a(1) of this special
provision must be transported as follows:
(1) The detectors must be contained in a strong sealed outer
casing;
(2) The casing must contain include sufficient absorbent or
adsorbent material to absorb or adsorb the entire gas contents;
(3) The completed system must be packed in strong outer packagings
capable of withstanding a 1.8 meter (5.9 feet) drop test without
leakage unless a system's outer casing affords equivalent protection.
d. Except for transportation by aircraft, neutron radiation
detectors and radiation detection systems containing such detectors
transported in accordance with paragraph a. of this special provision
are not subject to the labeling and placarding requirements of part 172
of this subchapter.
e. When transported by highway, rail, vessel, or as cargo on an
aircraft, neutron radiation detectors containing not more than 1 gram
of boron trifluoride, including those with solder glass joints are not
subject to any other requirements of this subchapter provided they meet
the requirements in paragraph a(1) of this special provision and are
packed in accordance with paragraph a(2) of this special provision.
Radiation detection systems containing such detectors are not subject
to any other requirements of this subchapter provided they are packed
in accordance with paragraph a(3) of this special provision.
* * * * *
369 In accordance with Sec. 173.2a of this subchapter, this
radioactive material in an excepted package possessing corrosive
properties is classified in Division 6.1 with a radioactive material
and corrosive subsidiary risk. Uranium hexafluoride may be classified
under this entry only if the conditions of Sec. Sec. 173.420(a)(4) and
(6) and (d) and 173.421(b) and (d) of this subchapter, and, for
fissile-excepted material, the conditions of Sec. 173.453 of this
subchapter are met. In addition to the provisions applicable to the
transport of Division 6.1 substances, the provisions of Sec. Sec.
173.421(c) and 173.443(a) of this subchapter apply. In addition,
packages shall be legibly and durably marked with an identification of
the consignor, the consignee, or both. No Class 7 label is required to
be displayed. The consignor shall be in possession of a copy of each
applicable certificate when packages include fissile material excepted
by competent authority approval. When a consignment is undeliverable,
the
[[Page 15872]]
consignment shall be placed in a safe location and the appropriate
competent authority shall be informed as soon as possible and a request
made for instructions on further action. If it is evident that a
package of radioactive material, or conveyance carrying unpackaged
radioactive material, is leaking, or if it is suspected that the
package, or conveyance carrying unpackaged material, may have leaked,
the requirements of Sec. 173.443(e) of this subchapter apply.
* * * * *
379 When offered for transport by highway, rail, or cargo vessel,
anhydrous ammonia adsorbed or absorbed on a solid contained in ammonia
dispensing systems or receptacles intended to form part of such systems
is not subject to the requirements of this subchapter if the following
conditions in this provision are met. In addition to meeting the
conditions in this provision, transport on cargo aircraft only may be
authorized with prior approval of the Associate Administrator.
a. The adsorption or absorption presents the following properties:
(1) The pressure at a temperature of 20 [deg]C (68[emsp14][deg]F)
in the receptacle is less than 0.6 bar (60 kPa);
(2) The pressure at a temperature of 35 [deg]C (95[emsp14][deg]F)
in the receptacle is less than 1 bar (100 kPa);
(3) The pressure at a temperature of 85 [deg]C (185[emsp14][deg]F)
in the receptacle is less than 12 bar (1200 kPa).
b. The adsorbent or absorbent material shall not meet the
definition or criteria for inclusion in Classes 1 to 8;
c. The maximum contents of a receptacle shall be 10 kg of ammonia;
and
d. Receptacles containing adsorbed or absorbed ammonia shall meet
the following conditions:
(1) Receptacles shall be made of a material compatible with ammonia
as specified in ISO 11114-1:2012 (IBR, see Sec. 171.7 of this
subchapter);
(2) Receptacles and their means of closure shall be hermetically
sealed and able to contain the generated ammonia;
(3) Each receptacle shall be able to withstand the pressure
generated at 85 [deg]C (185[emsp14][deg]F) with a volumetric expansion
no greater than 0.1%;
(4) Each receptacle shall be fitted with a device that allows for
gas evacuation once pressure exceeds 15 bar (1500 kPa) without violent
rupture, explosion or projection; and
(5) Each receptacle shall be able to withstand a pressure of 20 bar
(2000 kPa) without leakage when the pressure relief device is
deactivated.
e. When offered for transport in an ammonia dispenser, the
receptacles shall be connected to the dispenser in such a way that the
assembly is guaranteed to have the same strength as a single
receptacle.
f. The properties of mechanical strength mentioned in this special
provision shall be tested using a prototype of a receptacle and/or
dispenser filled to nominal capacity, by increasing the temperature
until the specified pressures are reached.
g. The test results shall be documented, shall be traceable, and
shall be made available to a representative of the Department upon
request.
* * * * *
387 When materials are stabilized by temperature control, the
provisions of Sec. 173.21(f) of this subchapter apply. When chemical
stabilization is employed, the person offering the material for
transport shall ensure that the level of stabilization is sufficient to
prevent the material as packaged from dangerous polymerization at 50
[deg]C (122[emsp14][deg]F). If chemical stabilization becomes
ineffective at lower temperatures within the anticipated duration of
transport, temperature control is required and is forbidden by
aircraft. In making this determination factors to be taken into
consideration include, but are not limited to, the capacity and
geometry of the packaging and the effect of any insulation present, the
temperature of the material when offered for transport, the duration of
the journey, and the ambient temperature conditions typically
encountered in the journey (considering also the season of year), the
effectiveness and other properties of the stabilizer employed,
applicable operational controls imposed by regulation (e.g.
requirements to protect from sources of heat, including other cargo
carried at a temperature above ambient) and any other relevant factors.
The provisions of this special provision will be effective until
January 2, 2019, unless we terminate them earlier or extend them beyond
that date by notice of a final rule in the Federal Register.
420 This entry does not apply to manufactured articles (such as
table tennis balls).
421 This entry will no longer be effective on January 2, 2019
unless we terminate it earlier or extend it beyond that date by notice
of a final rule in the Federal Register.
422 When labelling is required, the label to be used must be the
label shown in Sec. 172.447. Labels conforming to requirements in
place on December 31, 2016 may continue to be used until December 31,
2018. When a placard is displayed, the placard must be the placard
shown in Sec. 172.560.
(2) * * *
A210 This substance is forbidden for transport by air. It may be
transported on cargo aircraft only with the prior approval of the
Associate Administrator.
A212 ``UN 2031, Nitric acid, other than red fuming, with more than
20% and less than 65% nitric acid'' intended for use in sterilization
devices only, may be transported on passenger aircraft irrespective of
the indication of ``forbidden'' in columns (9A) of the Sec. 172.101
table provided that:
a. Each inner packaging contains not more than 30 mL;
b. Each inner packaging is contained in a sealed leak-proof
intermediate packaging with sufficient absorbent material capable of
containing the contents of the inner packaging;
c. Intermediate packagings are securely packed in an outer
packaging of a type permitted by Sec. 173.158(g) of this subchapter
which meet the requirements of part 178 of this subchapter at the
Packing Group I performance level;
d. The maximum quantity of nitric acid in the package does not
exceed 300 mL; and
e. Transport in accordance with this special provision must be
noted on the shipping paper.
(3) * * *
B134 For Large Packagings offered for transport by vessel, flexible
or fibre inner packagings shall be sift-proof and water-resistant or
shall be fitted with a sift-proof and water-resistant liner.
B135 For Large Packagings offered for transport by vessel, flexible
or fibre inner packagings shall be hermetically sealed.
(4) * * *
[[Page 15873]]
Table 2--IP Codes
------------------------------------------------------------------------
IP code
------------------------------------------------------------------------
IP1.......................... IBCs must be packed in closed freight
containers or a closed transport
vehicle.
IP2.......................... When IBCs other than metal or rigid
plastics IBCs are used, they must be
offered for transportation in a closed
freight container or a closed transport
vehicle.
IP3.......................... Flexible IBCs must be sift-proof and
water-resistant or must be fitted with a
sift-proof and water-resistant liner.
IP4.......................... Flexible, fiberboard or wooden IBCs must
be sift-proof and water-resistant or be
fitted with a sift-proof and water-
resistant liner.
IP5.......................... IBCs must have a device to allow venting.
The inlet to the venting device must be
located in the vapor space of the IBC
under maximum filling conditions.
IP6.......................... Non-specification bulk bins are
authorized.
IP7.......................... For UN identification numbers 1327, 1363,
1364, 1365, 1386, 1841, 2211, 2217, 2793
and 3314, IBCs are not required to meet
the IBC performance tests specified in
part 178, subpart N, of this subchapter.
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).
IP13......................... Transportation by vessel in IBCs is
prohibited.
IP14......................... Air must be eliminated from the vapor
space by nitrogen or other means.
IP15......................... For UN2031 with more than 55% nitric
acid, rigid plastic IBCs and composite
IBCs with a rigid plastic inner
receptacle are authorized for two years
from the date of IBC manufacture.
IP16......................... IBCs of type 31A and 31N are only
authorized if approved by the Associate
Administrator.
IP19......................... For UN identification numbers 3531, 3532,
3533, and 3534, IBCs must be designed
and constructed to permit the release of
gas or vapor to prevent a build-up of
pressure that could rupture the IBCs in
the event of loss of stabilization.
IP20......................... Dry sodium cyanide or potassium cyanide
is also permitted in siftproof, water-
resistant, fiberboard IBCs when
transported in closed freight containers
or transport vehicles.
IP21......................... When transported by vessel, flexible,
fiberboard or wooden IBCs must be sift-
proof and water-resistant or be fitted
with a sift-proof and water-resistant
liner.
------------------------------------------------------------------------
* * * * *
(5) * * *
N90 Metal packagings are not authorized. Packagings of other
material with a small amount of metal, for example metal closures or
other metal fittings such as those mentioned in part 178 of this
subchapter, are not considered metal packagings. Packagings of other
material constructed with a small amount of metal must be designed such
that the hazardous material does not contact the metal.
* * * * *
N92 Notwithstanding the provisions of Sec. 173.24(g) of this
subchapter, packagings shall be designed and constructed to permit the
release of gas or vapor to prevent a build-up of pressure that could
rupture the packagings in the event of loss of stabilization.
* * * * *
(9) * * *
W31 Non-bulk packagings must be hermetically sealed.
W32 Non-bulk packagings shall be hermetically sealed, except for
solid fused material.
W40 Non-bulk bags are not allowed.
* * * * *
W100 Non-bulk flexible, fibreboard or wooden packagings must be
sift-proof and water-resistant or must be fitted with a sift-proof and
water-resistant liner.
0
14. Section 172.202(a)(6)(viii) is added to read as follows:
Sec. 172.202 Description of hazardous material on shipping papers.
(a) * * *
(6) * * *
(viii) For authorized consumer commodities, the information
provided may be either the gross mass of each package or the average
gross mass of the packages.
* * * * *
0
15. In Sec. 172.407, paragraphs (c)(1)(i) and (iii) are revised to
read as follows:
Sec. 172.407 Label specifications.
* * * * *
(c) * * *
(1) * * *
(i) If the size of the package so requires, the dimensions of the
label and its features may be reduced proportionally provided the
symbol and other elements of the label remain clearly visible.
* * * * *
(iii) Transitional exception. For domestic transportation, a label
in conformance with the requirements of 49 CFR 172.407(c)(1) (revised
as of October 1, 2014), may continue to be used until December 31,
2018.
* * * * *
0
16. Section 172.447 is added to read as follows:
Sec. 172.447 LITHIUM BATTERY label.
(a) Except for size and color, the LITHIUM BATTERY label must be as
follows:
BILLING CODE 4910-60-P
[[Page 15874]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.032
BILLING CODE 4910-60-C
(b) In addition to complying with Sec. 172.407, the background on
the LITHIUM BATTERY label must be white with seven black vertical
stripes on the top half. The black vertical stripes must be spaced, so
that, visually, they appear equal in width to the six white spaces
between them. The lower half of the label must be white with the symbol
(battery group, one broken and emitting flame) and class number ``9''
underlined and centered at the bottom in black.
(c) Labels conforming to requirements in place on December 31, 2016
may continue to be used until December 31, 2018.
0
17. In Sec. 172.505, paragraph (b) is revised to read as follows:
Sec. 172.505 Placarding for subsidiary hazards.
* * * * *
(b) In addition to the RADIOACTIVE placard which may be required by
Sec. 172.504(e), each transport vehicle, portable tank or freight
container that contains 454 kg (1,001 pounds) or more gross weight of
non-fissile, fissile-excepted, or fissile uranium hexafluoride must be
placarded with a CORROSIVE placard and a POISON placard on each side
and each end.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
18. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
19. In Sec. 173.4a, paragraph (e)(3) is revised to read as follows:
Sec. 173.4a Excepted quantities.
* * * * *
(e) * * *
(3) Each inner packaging must be securely packed in an intermediate
packaging with cushioning material in such a way that, under normal
conditions of transport, it cannot break, be punctured or leak its
contents. The completed package as prepared for transport must
completely contain the contents in case of breakage or leakage,
regardless of package orientation. For liquid hazardous materials, the
intermediate or outer packaging must contain sufficient absorbent
material that:
(i) Will absorb the entire contents of the inner packaging.
(ii) Will not react dangerously with the material or reduce the
integrity or function of the packaging materials.
(iii) When placed in the intermediate packaging, the absorbent
material may be the cushioning material.
* * * * *
0
20. In Sec. 173.9, paragraph (e) is revised to read as follows:
Sec. 173.9 Transport vehicles or freight containers containing lading
which has been fumigated.
* * * * *
(e) FUMIGANT marking. (1) The FUMIGANT marking must consist of
black letters on a white background that is a rectangle at least 400 mm
(15.75 inches) wide and at least 300 mm (11.8 inches) high as measured
to the outside of the lines forming the border of the marking. The
minimum width of the line forming the border must be 2 mm and the text
on the marking must not be less than 25 mm high. Except for size and
color, the FUMIGANT marking must be as shown in the following figure.
Where dimensions are not specified, all features shall be in
approximate proportion to those shown.
(i) The marking, and all required information, must be capable of
withstanding, without deterioration or a substantial reduction in
effectiveness, a 30-day exposure to open weather conditions.
(ii) [Reserved]
BILLING CODE 4910-60-P
[[Page 15875]]
[GRAPHIC] [TIFF OMITTED] TR30MR17.033
BILLING CODE 4910-60-C
(2) The ``*'' shall be replaced with the technical name of the
fumigant.
* * * * *
0
21. In Sec. 173.21, paragraphs (f) introductory text and (f)(1) are
revised to read as follows:
Sec. 173.21 Forbidden materials and packages.
* * * * *
(f) A package containing a material which is likely to decompose
with a self-accelerated decomposition temperature (SADT) or polymerize
with a self-accelerated polymerization temperature (SAPT) of 50 [deg]C
(122[emsp14][deg]F) or less, with an evolution of a dangerous quantity
of heat or gas when decomposing or polymerizing, unless the material is
stabilized or inhibited in a manner to preclude such evolution. The
SADT and SAPT may be determined by any of the test methods described in
Part II of the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of
this subchapter).
(1) A package meeting the criteria of paragraph (f) of this section
may be required to be shipped under controlled temperature conditions.
The control temperature and emergency temperature for a package shall
be as specified in the table in this paragraph (f)(1) based upon the
SADT or SAPT of the material. The control temperature is the
temperature above which a package of the material may not be offered
for transportation or transported. The emergency temperature is the
temperature at which, due to imminent danger, emergency measures must
be initiated.
Sec. 173.21 Table--Derivation of Control and Emergency Temperature
------------------------------------------------------------------------
Control Emergency
SADT/SAPT \1\ temperatures temperature
------------------------------------------------------------------------
SADT/SAPT <=20 [deg]C (68 20 [deg]C (36 10 [deg]C (18
[deg]F). [deg]F) below [deg]F) below
SADT/SAPT. SADT/SAPT.
20 [deg]C (68 [deg]F) SADT/SAPT 15 [deg]C (27 10 [deg]C (18
<=35 [deg]C (95 [deg]F). [deg]F) below [deg]F) below
SADT/SAPT. SADT/SAPT.
35 [deg]C (95 [deg]F) SADT/SAPT 10 [deg]C (18 5 [deg]C (9
<=50 [deg]C (122 [deg]F). [deg]F) below [deg]F) below
SADT/SAPT. SADT/SAPT.
[[Page 15876]]
50 [deg]C (122 [deg]F) SADT/SAPT (\2\)............. (\2\)
------------------------------------------------------------------------
\1\ Self-accelerating decomposition temperature or Self-accelerating
polymerization temperature.
\2\ Temperature control not required.
(i) The provisions concerning polymerizing substances in paragraph
(f) will be effective until January 2, 2019.
(ii) [Reserved]
* * * * *
0
22. Effective January 2, 2019, in Sec. 173.21, paragraphs (f)
introductory text and (f)(1) are revised to read as follows:
Sec. 173.21 Forbidden materials and packages.
* * * * *
(f) A package containing a material which is likely to decompose
with a self-accelerated decomposition temperature (SADT) of 50 [deg]C
(122[emsp14][deg]F) or less, or polymerize at a temperature of 54
[deg]C (130[emsp14][deg]F) or less with an evolution of a dangerous
quantity of heat or gas when decomposing or polymerizing, unless the
material is stabilized or inhibited in a manner to preclude such
evolution. The SADT may be determined by any of the test methods
described in Part II of the UN Manual of Tests and Criteria (IBR, see
Sec. 171.7 of this subchapter).
(1) A package meeting the criteria of paragraph (f) of this section
may be required to be shipped under controlled temperature conditions.
The control temperature and emergency temperature for a package shall
be as specified in the table in this paragraph based upon the SADT of
the material. The control temperature is the temperature above which a
package of the material may not be offered for transportation or
transported. The emergency temperature is the temperature at which, due
to imminent danger, emergency measures must be initiated.
Sec. 173.21 Table--Method of Determining Control and Emergency
Temperature
------------------------------------------------------------------------
Control Emergency
SADT \1\ temperatures temperature
------------------------------------------------------------------------
SADT <=20 [deg]C (68 [deg]F).... 20 [deg]C (36 10 [deg]C (18
[deg]F) below [deg]F) below
SADT. SADT.
20 [deg]C (68 [deg]F) SADT <=35 15 [deg]C (27 10 [deg]C (18
[deg]C (95 [deg]F). [deg]F) below [deg]F) below
SADT. SADT.
35 [deg]C (95 [deg]F) SADT <=50 10 [deg]C (18 5 [deg]C (9
[deg]C (122 [deg]F). [deg]F) below [deg]F) below
SADT. SADT.
50 [deg]C (122 [deg]F) SADT..... (\2\)............. (\2\)
------------------------------------------------------------------------
\1\ Self-accelerating decomposition temperature.
\2\ Temperature control not required.
* * * * *
0
23. In Sec. 173.40, paragraph (a)(1) is revised to read as follows:
Sec. 173.40 General packaging requirements for toxic materials
packaged in cylinders.
* * * * *
(a) * * *
(1) A cylinder must conform to a DOT specification or UN standard
prescribed in subpart C of part 178 of this subchapter, or a TC, CTC,
CRC, or BTC cylinder authorized in Sec. 171.12 of this subchapter,
except that acetylene cylinders and non-refillable cylinders are not
authorized. The use of UN tubes and MEGCs is prohibited for Hazard Zone
A materials.
* * * * *
0
24. In Sec. 173.50, paragraph (b)(6) is revised to read as follows:
Sec. 173.50 Class 1--Definitions.
* * * * *
(b) * * *
(6) Division 1.6 \2\ consists of extremely insensitive articles
that do not have a mass explosion hazard. This division is comprised of
articles which predominately contain extremely insensitive substances
and that demonstrate a negligible probability of accidental initiation
or propagation.
\2\ The risk from articles of Division 1.6 is limited to the
explosion of a single article.
0
25. In Sec. 173.52, in paragraph (b), in Table 1, remove the entry
``Articles containing only extremely insensitive substances'' and add
the entry ``Articles predominantly containing extremely insensitive
substances'' in its place to read as follows:
Sec. 173.52 Classification codes and compatibility groups of
explosives.
(b) * * *
Table 1--Classification Codes
------------------------------------------------------------------------
Description of substances or article Compatibility Classification
to be classified group code
------------------------------------------------------------------------
* * * * * * *
Articles predominantly containing N 1.6N
extremely insensitive substances.....
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
26. In Sec. 173.62:
0
a. In paragraph (b), in the Explosives Table, the entry for UN0510 is
added after UN0509; and
0
b. In paragraph (c), in the Table of Packing Methods, Packing
Instructions 112(c), 114(b), 130, and 137 are revised.
[[Page 15877]]
The addition and revisions read as follows:
Sec. 173.62 Specific packaging requirements for explosives.
* * * * *
(b) * * *
Explosives Table
------------------------------------------------------------------------
ID # PI
------------------------------------------------------------------------
* * * * *
UN0510................................................. 130
* * * * *
------------------------------------------------------------------------
(c) * * *
Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
Packing instruction Inner packagings Intermediate packagings Outer packagings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
112(c) This packing instruction Bags................... Bags................... Boxes.
applies to solid dry powders.
PARTICULAR PACKING REQUIREMENTS OR
EXCEPTIONS:
1. For UN 0004, 0076, 0078, 0154, paper, multiwall, water paper, multiwall, water steel (4A). aluminum
0216, 0219 and 0386, packagings resistant plastics, resistant with inner (4B). other metal
must be lead free. woven plastics, lining, plastics, (4N). natural wood,
2. For UN0209, bags, sift-proof Receptacles, Receptacles, metal, ordinary (4C1).
(5H2) are recommended for flake fiberboard, metal, plastics, wood. natural wood, sift
or prilled TNT in the dry state. plastics, wood. proof (4C2). plywood
Bags must not exceed a maximum (4D). reconstituted
net mass of 30 kg.. wood (4F). fiberboard
3. Inner packagings are not (4G). plastics, solid
required if drums are used as (4H2). Drums. plastics
the outer packaging.. (1H1 or 1H2). steel
(1A1 or 1A2). aluminum
(1B1 or 1B2). other
metal (1N1 or 1N2).
plywood (1D). fiber
(1G).
4. At least one of the packagings
must be sift-proof.
5. For UN 0504, metal packagings
must not be used. Packagings of
other material with a small
amount of metal, for example
metal closures or other metal
fittings such as those mentioned
in part 178 of this subchapter,
are not considered metal
packagings.
* * * * * * *
114(b)............................... Bags................... Not necessary.......... Boxes.
PARTICULAR PACKING REQUIREMENTS OR
EXCEPTIONS:
1. For UN Nos. 0077, 0132, 0234, paper, kraft, plastics, ....................... natural wood, ordinary
0235 and 0236, packagings must textile, sift-proof, (4C1). natural wood,
be lead free. woven plastics, sift- sift-proof walls
2. For UN0160 and UN0161, when proof, Receptacles, (4C2). plywood (4D).
metal drums (1A2, 1B2 or 1N2) fiberboard, metal, reconstituted wood
are used as the outer packaging, paper, plastics, wood, (4F). fiberboard (4G).
metal packagings must be so plastics, sift-proof. Drums. steel (1A1 or
constructed that the risk of 1A2). aluminum (1B1 or
explosion, by reason of 1B2). other metal (1N1
increased internal pressure from or 1N2). plywood (1D).
internal or external causes, is fiber (1G). plastics
prevented.. (1H1 or 1H2).
3. For UN0160, UN0161, and
UN0508, inner packagings are not
necessary if drums are used as
the outer packaging.
4. For UN0508 and UN0509, metal
packagings must not be used.
Packagings of other material
with a small amount of metal,
for example metal closures or
other metal fittings such as
those mentioned in part 178 of
this subchapter, are not
considered metal packagings.
* * * * * * *
130.................................. Not necessary.......... Not necessary.......... Boxes.
Particular Packaging Requirements:
[[Page 15878]]
1. The following applies to UN ....................... ....................... Steel (4A). Aluminum
0006, 0009, 0010, 0015, 0016, (4B). Other metal
0018, 0019, 0034, 0035, 0038, (4N). Wood natural,
0039, 0048, 0056, 0137, 0138, ordinary (4C1). Wood
0168, 0169, 0171, 0181, 0182, natural, sift-proof
0183, 0186, 0221, 0238, 0243, walls 4C2). Plywood
0244, 0245, 0246, 0254, 0280, (4D). Reconstituted
0281, 0286, 0287, 0297, 0299, wood (4F). Fiberboard
0300, 0301, 0303, 0321, 0328, (4G). Plastics,
0329, 0344, 0345, 0346, 0347, expanded (4H1).
0362, 0363, 0370, 0412, 0424, Plastics, solid (4H2).
0425, 0434, 0435, 0436, 0437, Drums. Steel (1A1 or
0438, 0451, 0459, 0488, 0502 and 1A2). Aluminum (1B1 or
0510. Large and robust 1B2). Other metal (1N1
explosives articles, normally or 1N2). Plywood (1D).
intended for military use, Fiber (1G). Plastics
without their means of (1H1 or 1H2). Large
initiation or with their means Packagings. Steel
of initiation containing at (50A). Aluminum (50B).
least two effective protective Metal other than steel
features, may be carried or aluminum (50N).
unpackaged. When such articles Rigid lastics (50H).
have propelling charges or are Natural wood (50C).
self-propelled, their ignition Plywood (50D).
systems must be protected Reconstituted wood
against stimuli encountered (50F). Rigid
during normal conditions of fiberboard (50G).
transport. A negative result in
Test Series 4 on an unpackaged
article indicates that the
article can be considered for
transport unpackaged. Such
unpackaged articles may be fixed
to cradles or contained in
crates or other suitable
handling devices.
2. Subject to approval by the
Associate Administrator, large
explosive articles, as part of
their operational safety and
suitability tests, subjected to
testing that meets the
intentions of Test Series 4 of
the UN Manual of Tests and
Criteria with successful test
results, may be offered for
transportation in accordance
with the requirements of this
subchapter.
* * * * * * *
137.................................. Bags................... Not necessary.......... Boxes.
PARTICULAR PACKING REQUIREMENTS OR
EXCEPTIONS:
For UN 0059, 0439, 0440 and 0441, plastics, Boxes, ....................... steel (4A). aluminum
when the shaped charges are fiberboard, wood, (4B). other metal
packed singly, the conical Tubes, fiberboard, (4N). wood, natural,
cavity must face downwards and metal, plastics, ordinary (4C1). wood,
the package marked with Dividing partitions in natural, sift proof
orientation markings meeting the the outer packagings. walls (4C2). plastics,
requirements of Sec. solid (4H2). plywood
172.312(a)(2) of this (4D). reconstituted
subchapter. When the shaped wood (4F). fiberboard
charges are packed in pairs, the (4G). Drums. steel
conical cavities must face (1A1 or 1A2).aluminum
inwards to minimize the jetting (1B1 or 1B2). other
effect in the event of metal (1N1 or 1N2).
accidental initiation. plywood (1D). fiber
(1G). plastics (1H1 or
1H2).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
27. In Sec. 173.121, paragraph (b)(1)(iv) is revised to read as
follows:
Sec. 173.121 Class 3--Assignment of packing group.
* * * * *
(b) * * *
(1) * * *
(iv) The viscosity \1\ and flash point are in accordance with the
following table:
---------------------------------------------------------------------------
\1\ Viscosity determination: Where the substance concerned is
non-Newtonian, or where a flow-cup method of viscosity determination
is otherwise unsuitable, a variable shear-rate viscometer shall be
used to determine the dynamic viscosity coefficient of the
substance, at 23 [deg]C (73.4[emsp14][deg]F), at a number of shear
rates. The values obtained are plotted against shear rate and then
extrapolated to zero shear rate. The dynamic viscosity thus
obtained, divided by the density, gives the apparent kinematic
viscosity at near-zero shear rate.
----------------------------------------------------------------------------------------------------------------
Kinematic viscosity (extrapolated) n
(at near-zero shear rate) mm2/s at 23 Flow-time t in seconds Jet diameter Flash point c.c.
[deg]C (73.4 [deg]F) in mm
----------------------------------------------------------------------------------------------------------------
20 < [nu] <= 80......................... 20 < t <= 60.............. 4 above 17 [deg]C (62.6
[deg]F).
80 < n <= 135........................... 60 < t <= 100............. 4 above 10 [deg]C (50
[deg]F).
135 < n <= 220.......................... 20 < t <= 32.............. 6 above 5 [deg]C (41
[deg]F).
220 < n <= 300.......................... 32 < t <= 44.............. 6 above -1 [deg]C (31.2
[deg]F).
300 < n <= 700.......................... 44 < t <= 100............. 6 above -5 [deg]C (23
[deg]F).
700 < n................................. 100 < t................... 6 No limit.
----------------------------------------------------------------------------------------------------------------
[[Page 15879]]
* * * * *
0
28. Section 173.124 is revised to read as follows:
Sec. 173.124 Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.
(a) Division 4.1 (Flammable Solid). For the purposes of this
subchapter, flammable solid (Division 4.1) means any of the following
four types of materials:
(1) Desensitized explosives that--
(i) When dry are Explosives of Class 1 other than those of
compatibility group A, which are wetted with sufficient water, alcohol,
or plasticizer to suppress explosive properties; and
(ii) Are specifically authorized by name either in the Hazardous
Materials Table in Sec. 172.101 of this subchapter or have been
assigned a shipping name and hazard class by the Associate
Administrator under the provisions of--
(A) A special permit issued under subchapter A of this chapter; or
(B) An approval issued under Sec. 173.56(i).
(2)(i) Self-reactive materials that are thermally unstable and can
undergo an exothermic decomposition even without participation of
oxygen (air). A material is excluded from this definition if any of the
following applies:
(A) The material meets the definition of an explosive as prescribed
in subpart C of this part, in which case it must be classed as an
explosive;
(B) The material is forbidden from being offered for transportation
according to Sec. 172.101 of this subchapter or Sec. 173.21;
(C) The material meets the definition of an oxidizer or organic
peroxide as prescribed in this subpart, in which case it must be so
classed;
(D) The material meets one of the following conditions:
(1) Its heat of decomposition is less than 300 J/g; or
(2) Its self-accelerating decomposition temperature (SADT) is
greater than 75 [deg]C (167[emsp14][deg]F) for a 50 kg package; or
(3) It is an oxidizing substance in Division 5.1 containing less
than 5.0% combustible organic substances; or
(E) The Associate Administrator has determined that the material
does not present a hazard which is associated with a Division 4.1
material.
(ii) Generic types. Division 4.1 self-reactive materials are
assigned to a generic system consisting of seven types. A self-reactive
substance identified by technical name in the Self-Reactive Materials
Table in Sec. 173.224 is assigned to a generic type in accordance with
that table. Self-reactive materials not identified in the Self-Reactive
Materials Table in Sec. 173.224 are assigned to generic types under
the procedures of paragraph (a)(2)(iii) of this section.
(A) Type A. Self-reactive material type A is a self-reactive
material which, as packaged for transportation, can detonate or
deflagrate rapidly. Transportation of type A self-reactive material is
forbidden.
(B) Type B. Self-reactive material type B is a self-reactive
material which, as packaged for transportation, neither detonates nor
deflagrates rapidly, but is liable to undergo a thermal explosion in a
package.
(C) Type C. Self-reactive material type C is a self-reactive
material which, as packaged for transportation, neither detonates nor
deflagrates rapidly and cannot undergo a thermal explosion.
(D) Type D. Self-reactive material type D is a self-reactive
material which--
(1) Detonates partially, does not deflagrate rapidly and shows no
violent effect when heated under confinement;
(2) Does not detonate at all, deflagrates slowly and shows no
violent effect when heated under confinement; or
(3) Does not detonate or deflagrate at all and shows a medium
effect when heated under confinement.
(E) Type E. Self-reactive material type E is a self-reactive
material which, in laboratory testing, neither detonates nor
deflagrates at all and shows only a low or no effect when heated under
confinement.
(F) Type F. Self-reactive material type F is a self-reactive
material which, in laboratory testing, neither detonates in the
cavitated state nor deflagrates at all and shows only a low or no
effect when heated under confinement as well as low or no explosive
power.
(G) Type G. Self-reactive material type G is a self-reactive
material which, in laboratory testing, does not detonate in the
cavitated state, will not deflagrate at all, shows no effect when
heated under confinement, nor shows any explosive power. A type G self-
reactive material is not subject to the requirements of this subchapter
for self-reactive material of Division 4.1 provided that it is
thermally stable (self-accelerating decomposition temperature is 50
[deg]C (122[emsp14][deg]F) or higher for a 50 kg (110 pounds) package).
A self-reactive material meeting all characteristics of type G except
thermal stability is classed as a type F self-reactive, temperature
control material.
(iii) Procedures for assigning a self-reactive material to a
generic type. A self-reactive material must be assigned to a generic
type based on--
(A) Its physical state (i.e. liquid or solid), in accordance with
the definition of liquid and solid in Sec. 171.8 of this subchapter;
(B) A determination as to its control temperature and emergency
temperature, if any, under the provisions of Sec. 173.21(f);
(C) Performance of the self-reactive material under the test
procedures specified in the UN Manual of Tests and Criteria (IBR, see
Sec. 171.7 of this subchapter) and the provisions of paragraph
(a)(2)(iii) of this section; and
(D) Except for a self-reactive material which is identified by
technical name in the Self-Reactive Materials Table in Sec. 173.224(b)
or a self-reactive material which may be shipped as a sample under the
provisions of Sec. 173.224, the self-reactive material is approved in
writing by the Associate Administrator. The person requesting approval
shall submit to the Associate Administrator the tentative shipping
description and generic type and--
(1) All relevant data concerning physical state, temperature
controls, and tests results; or
(2) An approval issued for the self-reactive material by the
competent authority of a foreign government.
(iv) Tests. The generic type for a self-reactive material must be
determined using the testing protocol from Figure 20.1 (a) and (b)
(Flow Chart Scheme for Self-Reactive Substances and Organic Peroxides)
from the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this
subchapter).
(3) Readily combustible solids are materials that--
(i) Are solids which may cause a fire through friction, such as
matches;
(ii) Show a burning rate faster than 2.2 mm (0.087 inches) per
second when tested in accordance with the UN Manual of Tests and
Criteria (IBR, see Sec. 171.7 of this subchapter); or
(iii) Any metal powders that can be ignited and react over the
whole length of a sample in 10 minutes or less, when tested in
accordance with the UN Manual of Tests and Criteria.
(4) Polymerizing materials are materials which, without
stabilization, are liable to undergo an exothermic reaction resulting
in the formation of larger molecules or resulting in the formation of
polymers under conditions normally encountered in transport. Such
materials are considered to be polymerizing substances of Division 4.1
when:
(i) Their self-accelerating polymerization temperature (SAPT) is 75
[deg]C (167[emsp14][deg]F) or less under the conditions (with or
without chemical stabilization) as offered for transport in the
packaging, IBC or portable tank in which the material or mixture is to
be
[[Page 15880]]
transported. An appropriate IBC or portable tank for a polymerizing
material must be determined using the heating under confinement testing
protocol from boxes 7, 8, 9, and 13 of Figure 20.1 (a) and (b) (Flow
Chart Scheme for Self-Reactive Substances and Organic Peroxides) from
the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this
subchapter) by successfully passing the UN Test Series E at the
``None'' or ``Low'' level, or by an equivalent test method with the
approval of the Associate Administrator;
(ii) They exhibit a heat of reaction of more than 300 J/g; and
(iii) Do not meet the definition of hazard classes 1-8 (including
combustible liquids).
(iv) The provisions concerning polymerizing substances in paragraph
(a)(4) will be effective until January 2, 2019.
(b) Division 4.2 (Spontaneously Combustible Material). For the
purposes of this subchapter, spontaneously combustible material
(Division 4.2) means--
(1) A pyrophoric material. A pyrophoric material is a liquid or
solid that, even in small quantities and without an external ignition
source, can ignite within five (5) minutes after coming in contact with
air when tested according to UN Manual of Tests and Criteria.
(2) Self-heating material. A self-heating material is a material
that through a process where the gradual reaction of that substance
with oxygen (in air) generates heat. If the rate of heat production
exceeds the rate of heat loss, then the temperature of the substance
will rise which, after an induction time, may lead to self-ignition and
combustion. A material of this type which exhibits spontaneous ignition
or if the temperature of the sample exceeds 200 [deg]C
(392[emsp14][deg]F) during the 24-hour test period when tested in
accordance with UN Manual of Tests and Criteria (IBR; see Sec. 171.7
of this subchapter), is classed as a Division 4.2 material.
(c) Division 4.3 (Dangerous when wet material). For the purposes of
this chapter, dangerous when wet material (Division 4.3) means a
material that, by contact with water, is liable to become spontaneously
flammable or to give off flammable or toxic gas at a rate greater than
1 L per kilogram of the material, per hour, when tested in accordance
with UN Manual of Tests and Criteria.
0
29. Section 173.165 is revised to read as follows:
Sec. 173.165 Polyester resin kits.
(a) General requirements. Polyester resin kits consisting of a base
material component (Class 3, Packing Group II or III) or (Division 4.1,
Packing Group II or III) and an activator component (Type D, E, or F
organic peroxide that does not require temperature control)--
(1) The organic peroxide component must be packed in inner
packagings not over 125 mL (4.22 fluid ounces) net capacity each for
liquids or 500 g (17.64 ounces) net capacity each for solids.
(2) Except for transportation by aircraft, the flammable liquid
component must be packaged in suitable inner packagings.
(i) For transportation by aircraft, a Class 3 Packing Group II base
material is limited to a quantity of 5 L (1.3 gallons) in metal or
plastic inner packagings and 1 L (0.3 gallons) in glass inner
packagings. A Class 3 Packing Group III base material is limited to a
quantity of 10 L (2.6 gallons) in metal or plastic inner packagings and
2.5 L (0.66 gallons) in glass inner packagings.
(ii) For transportation by aircraft, a Division 4.1 Packing Group
II base material is limited to a quantity of 5 kg (11 pounds) in metal
or plastic inner packagings and 1 kg (2.2 pounds) in glass inner
packagings. A Division 4.1 Packing Group III base material is limited
to a quantity of 10 kg (22 lbs) in metal or plastic inner packagings
and 2.5 kg (5.5 pounds) in glass inner packagings.
(3) If the flammable liquid or solid component and the organic
peroxide component will not interact dangerously in the event of
leakage, they may be packed in the same outer packaging.
(4) The Packing Group assigned will be II or III, according to the
criteria for Class 3, or Division 4.1, as appropriate, applied to the
base material. Additionally, polyester resin kits must be packaged in
specification combination packagings, based on the performance level
required of the base material (II or III) contained within the kit, as
prescribed in Sec. 173.202, 173.203, 173.212, or 173.213, as
appropriate.
(5) For transportation by aircraft, the following additional
requirements apply:
(i) Closures on inner packagings containing liquids must be secured
by secondary means;
(ii) Inner packagings containing liquids must be capable of meeting
the pressure differential requirements prescribed in Sec. 173.27(c);
and
(iii) The total quantity of activator and base material may not
exceed 5 kg (11 lbs) per package for a Packing Group II base material.
The total quantity of activator and base material may not exceed 10 kg
(22 lbs) per package for a Packing Group III base material. The total
quantity of polyester resin kits per package is calculated on a one-to-
one basis (i.e., 1 L equals 1 kg).
(b) Small and excepted quantities. Polyester resin kits are
eligible for the Small Quantity exceptions in Sec. 173.4 and the
Excepted Quantity exceptions in Sec. 173.4a, as applicable.
(c) Limited quantities. Limited quantity packages of polyester
resin kits are excepted from labeling requirements, unless the material
is offered for transportation or transported by aircraft, and are
excepted from the specification packaging requirements of this
subchapter when packaged in combination packagings according to this
paragraph (c). For transportation by aircraft, only hazardous material
authorized aboard passenger-carrying aircraft may be transported as a
limited quantity. A limited quantity package that conforms to the
provisions of this section is not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel, and is eligible for the exceptions
provided in Sec. 173.156. In addition, shipments of limited quantities
are not subject to subpart F (Placarding) of part 172 of this
subchapter. Each package must conform to the general packaging
requirements of subpart B of this part and may not exceed 30 kg (66
pounds) gross weight.
(1) Except for transportation by aircraft, the organic peroxide
component must be packed in inner packagings not over 125 mL (4.22
fluid ounces) net capacity each for liquids or 500 g (17.64 ounces) net
capacity each for solids. For transportation by aircraft, the organic
peroxide component must be packed in inner packagings not over 30 mL (1
fluid ounce) net capacity each for liquids or 100 g (3.5 ounces) net
capacity each for solids.
(2) Except for transportation by aircraft, the flammable liquid
component must be packed in inner packagings not over 5 L (1.3 gallons)
net capacity each for a Packing Group II and Packing Group III liquid.
For transportation by aircraft, the flammable liquid component must be
packed in inner packagings not over 1 L (0.3 gallons) net capacity each
for a Packing Group II material. For transportation by aircraft, the
flammable liquid component must be packed in metal or plastic inner
packagings not over 5.0 L (1.3 gallons) net capacity each or glass
inner packagings not over 2.5 L (0.66 gallons) net capacity each for a
Packing Group III material.
[[Page 15881]]
(3) Except for transportation by aircraft, the flammable solid
component must be packed in inner packagings not over 5 kg (11 pounds)
net capacity each for a Packing Group II and Packing Group III solid.
For transportation by aircraft, the flammable solid component must be
packed in inner packagings not over 1 kg (2.2 pounds) net capacity each
for a Packing Group II material. For transportation by aircraft, the
flammable solid component must be packed in metal or plastic inner
packagings not over 5.0 kg (11 pounds) net capacity each or glass inner
packagings not over 2.5 kg (5.5 pounds) net capacity each for a Packing
Group III material.
(4) If the flammable liquid or solid component and the organic
peroxide component will not interact dangerously in the event of
leakage, they may be packed in the same outer packaging.
(5) For transportation by aircraft, the following additional
requirements apply:
(i) Closures on inner packagings containing liquids must be secured
by secondary means as prescribed in Sec. 173.27(d);
(ii) Inner packagings containing liquids must be capable of meeting
the pressure differential requirements prescribed in Sec. 173.27(c);
and
(iii) The total quantity of activator and base material may not
exceed 1 kg (2.2 pounds) per package for a Packing Group II base
material. The total quantity of activator and base material may not
exceed 5 kg (11 pounds) per package for a Packing Group III base
material. The total quantity of polyester resin kits per package is
calculated on a one-to-one basis (i.e., 1 L equals 1 kg);
(iv) Fragile inner packagings must be packaged to prevent failure
under conditions normally incident to transport. Packages of consumer
commodities must be capable of withstanding a 1.2 m drop on solid
concrete in the position most likely to cause damage; and
(v) Stack test capability. Packages of consumer commodities must be
capable of withstanding, without failure or leakage of any inner
packaging and without any significant reduction in effectiveness, a
force applied to the top surface for a duration of 24 hours equivalent
to the total weight of identical packages if stacked to a height of 3.0
m (including the test sample).
(d) Consumer commodities. Until December 31, 2020, a limited
quantity package of polyester resin kits that are also consumer
commodities as defined in Sec. 171.8 of this subchapter may be renamed
``Consumer commodity'' and reclassed as ORM-D or, until December 31,
2012, as ORM-D-AIR material and offered for transportation and
transported in accordance with the applicable provisions of 49 CFR
subchapter C (revised as of October 1, 2010).
0
30. In Sec. 173.185, the introductory text and paragraphs (c)(2) and
(3), (c)(4)(ii), (e), and (f)(4) are revised to read as follows:
Sec. 173.185 Lithium cells and batteries.
As used in this section, lithium cell(s) or battery(ies) includes
both lithium metal and lithium ion chemistries. Equipment means the
device or apparatus for which the lithium cells or batteries will
provide electrical power for its operation. Consignment means one or
more packages of hazardous materials accepted by an operator from one
shipper at one time and at one address, receipted for in one lot and
moving to one consignee at one destination address.
* * * * *
(c) * * *
(2) Packaging. Each package must be rigid unless the cell or
battery is contained in equipment and is afforded equivalent protection
by the equipment in which it is contained. Except when lithium cells or
batteries are contained in equipment, each package of lithium cells or
batteries, or the completed package when packed with equipment must be
capable of withstanding a 1.2 meter drop test, in any orientation,
without damage to the cells or batteries contained in the package,
without shifting of the contents that would allow battery-to-battery
(or cell-to-cell) contact, and without release of the contents of the
package.
(3) Hazard communication. Each package must display the lithium
battery mark except when a package contains button cell batteries
installed in equipment (including circuit boards), or no more than four
lithium cells or two lithium batteries contained in equipment, where
there are not more than two packages in the consignment.
(i) The mark must indicate the UN number, `UN3090' for lithium
metal cells or batteries or `UN 3480' for lithium ion cells or
batteries. Where the lithium cells or batteries are contained in, or
packed with, equipment, the UN number `UN3091' or `UN 3481' as
appropriate must be indicated. Where a package contains lithium cells
or batteries assigned to different UN numbers, all applicable UN
numbers must be indicated on one or more marks. The package must be of
such size that there is adequate space to affix the mark on one side
without the mark being folded.
[GRAPHIC] [TIFF OMITTED] TR30MR17.034
[[Page 15882]]
(A) The mark must be in the form of a rectangle with hatched
edging. The mark must be not less than 120 mm (4.7 inches) wide by 110
mm (4.3 inches) high and the minimum width of the hatching must be 5 mm
(0.2 inches) except markings of 105 mm (4.1 inches) wide by 74 mm (2.9
inches) high may be used on a package containing lithium batteries when
the package is too small for the larger mark;
(B) The symbols and letters must be black on white or suitable
contrasting background and the hatching must be red;
(C) The ``*'' must be replaced by the appropriate UN number(s) and
the ``**'' must be replaced by a telephone number for additional
information; and
(D) Where dimensions are not specified, all features shall be in
approximate proportion to those shown.
(ii) For transportation by highway, rail or vessel, the provisions
in 49 CFR 173.185(c)(3) (revised as of October 1, 2016) for marking
packages, including the exceptions from marking, may continue to be
used until December 31, 2018. For transportation by aircraft, the
provisions for the lithium battery handling marking in 49 CFR
173.185(c)(3)(ii) (revised as of October 1, 2016) may continue to be
used until December 31, 2018.
* * * * *
(4) * * *
(ii) When packages required to bear the lithium battery mark in
paragraph (c)(3)(i) are placed in an overpack, the lithium battery mark
must either be clearly visible through the overpack, or the handling
mark must also be affixed on the outside of the overpack, and the
overpack must be marked with the word ``OVERPACK.''
* * * * *
(e) Low production runs and prototypes. Low production runs (i.e.,
annual production runs consisting of not more than 100 lithium cells or
batteries), or prototype lithium cells or batteries, including
equipment transported for purposes of testing, are excepted from the
testing and record keeping requirements of paragraph (a) of this
section, provided:
(1) Except as provided in paragraph (e)(4) of this section, each
cell or battery is individually packed in a non-metallic inner
packaging, inside an outer packaging, and is surrounded by cushioning
material that is non-combustible and non-conductive or contained in
equipment. Equipment must be constructed or packaged in a manner as to
prevent accidental operation during transport;
(2) Appropriate measures shall be taken to minimize the effects of
vibration and shocks and prevent movement of the cells or batteries
within the package that may lead to damage and a dangerous condition
during transport. Cushioning material that is non-combustible and non-
conductive may be used to meet this requirement;
(3) The lithium cells or batteries are packed in inner packagings
or contained in equipment. The inner packaging or equipment is placed
in one of the following outer packagings that meet the requirements of
part 178, subparts L and M, of this subchapter at the Packing Group I
level. Cells and batteries, including equipment of different sizes,
shapes or masses must be placed into an outer packaging of a tested
design type listed in this section provided the total gross mass of the
package does not exceed the gross mass for which the design type has
been tested. A cell or battery with a net mass of more than 30 kg is
limited to one cell or battery per outer packaging;
(i) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), or solid plastic
(4H2) box;
(ii) Metal (1A2, 1B2, 1N2), plywood (1D), or plastic (1H2) drum.
(4) Lithium batteries, including lithium batteries contained in
equipment, that weigh 12 kg (26.5 pounds) or more and have a strong,
impact-resistant outer casing or assemblies of such batteries, may be
packed in strong outer packagings, in protective enclosures (for
example, in fully enclosed or wooden slatted crates), or on pallets or
other handling devices, instead of packages meeting the UN performance
packaging requirements in paragraphs (b)(3)(ii) and (iii) of this
section. The battery or battery assembly must be secured to prevent
inadvertent movement, and the terminals may not support the weight of
other superimposed elements;
(5) Irrespective of the limit specified in column (9B) of the Sec.
172.101 Hazardous Materials Table, the battery or battery assembly
prepared for transport in accordance with this paragraph may have a
mass exceeding 35 kg gross weight when transported by cargo aircraft;
(6) Batteries or battery assemblies packaged in accordance with
this paragraph are not permitted for transportation by passenger-
carrying aircraft, and may be transported by cargo aircraft only if
approved by the Associate Administrator prior to transportation; and
(7) Shipping papers must include the following notation ``Transport
in accordance with Sec. 173.185(e).''
(f) * * *
(4) The outer package must be marked with an indication that the
package contains a ``Damaged/defective lithium ion battery'' and/or
``Damaged/defective lithium metal battery'' as appropriate. The marking
required by this paragraph (f)(4) must be in characters at least 12 mm
(0.47 inches) high.
* * * * *
0
31. In Sec. 173.217, revise paragraph (c)(3) to read as follows:
Sec. 173.217 Carbon dioxide, solid (dry ice).
* * * * *
(c) * * *
(3) The quantity limits per package shown in columns (9A) and (9B)
of the Hazardous Materials Table in Sec. 172.101 of this subchapter
are not applicable to dry ice being used as a refrigerant for other
than hazardous materials loaded in a unit load device. In such a case,
the unit load device must be identified to the operator and allow the
venting of the carbon dioxide gas to prevent a dangerous build-up of
pressure.
* * * * *
0
32. Section 173.220 is revised to read as follows:
Sec. 173.220 Internal combustion engines, vehicles, machinery
containing internal combustion engines, battery-powered equipment or
machinery, fuel cell-powered equipment or machinery.
(a) Applicability. An internal combustion engine, self-propelled
vehicle, machinery containing an internal combustion engine that is not
consigned under the ``Dangerous goods in machinery or apparatus'' UN
3363 entry, a battery-powered vehicle or equipment, or a fuel cell-
powered vehicle or equipment, or any combination thereof, is subject to
the requirements of this subchapter when transported as cargo on a
transport vehicle, vessel, or aircraft if--
(1) The vehicle, engine, or machinery contains a liquid or gaseous
fuel. Vehicles, engines, or machinery may be considered as not
containing fuel when the engine components and any fuel lines have been
completely drained, sufficiently cleaned of residue, and purged of
vapors to remove any potential hazard and the engine when held in any
orientation will not release any liquid fuel;
(2) The fuel tank contains a liquid or gaseous fuel. A fuel tank
may be considered as not containing fuel when the fuel tank and the
fuel lines have been completely drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard;
(3) It is equipped with a wet battery (including a non-spillable
battery), a sodium battery or a lithium battery; or
[[Page 15883]]
(4) Except as provided in paragraph (f)(1) of this section, it
contains other hazardous materials subject to the requirements of this
subchapter.
(b) Requirements. Unless otherwise excepted in paragraph (b)(4) of
this section, vehicles, engines, and equipment are subject to the
following requirements:
(1) Flammable liquid fuel and fuels that are marine pollutants. (i)
A fuel tank containing a flammable liquid fuel must be drained and
securely closed, except that up to 500 mL (17 ounces) of residual fuel
may remain in the tank, engine components, or fuel lines provided they
are securely closed to prevent leakage of fuel during transportation.
Self-propelled vehicles containing diesel fuel are excepted from the
requirement to drain the fuel tanks, provided that sufficient ullage
space has been left inside the tank to allow fuel expansion without
leakage, and the tank caps are securely closed.
(ii) Engines and machinery containing liquid fuels meeting the
definition of a marine pollutant (see Sec. 171.8 of this subchapter)
and not meeting the classification criteria of any other Class or
Division transported by vessel are subject to the requirements of Sec.
176.906 of this subchapter.
(2) Flammable liquefied or compressed gas fuel. (i) For
transportation by motor vehicle, rail car or vessel, fuel tanks and
fuel systems containing flammable liquefied or compressed gas fuel must
be securely closed. For transportation by vessel, the requirements of
Sec. Sec. 176.78(k), 176.905, and 176.906 of this subchapter apply.
(ii) For transportation by aircraft:
(A) Flammable gas-powered vehicles, machines, equipment or
cylinders containing the flammable gas must be completely emptied of
flammable gas. Lines from vessels to gas regulators, and gas regulators
themselves, must also be drained of all traces of flammable gas. To
ensure that these conditions are met, gas shut-off valves must be left
open and connections of lines to gas regulators must be left
disconnected upon delivery of the vehicle to the operator. Shut-off
valves must be closed and lines reconnected at gas regulators before
loading the vehicle aboard the aircraft; or alternatively;
(B) Flammable gas powered vehicles, machines or equipment, which
have cylinders (fuel tanks) that are equipped with electrically
operated valves, may be transported under the following conditions:
(1) The valves must be in the closed position and in the case of
electrically operated valves, power to those valves must be
disconnected;
(2) After closing the valves, the vehicle, equipment or machinery
must be operated until it stops from lack of fuel before being loaded
aboard the aircraft;
(3) In no part of the closed system shall the pressure exceed 5% of
the maximum allowable working pressure of the system or 290 psig (2000
kPa), whichever is less; and
(4) There must not be any residual liquefied gas in the system,
including the fuel tank.
(3) Truck bodies or trailers on flat cars--flammable liquid or gas
powered. Truck bodies or trailers with automatic heating or
refrigerating equipment of the flammable liquid type may be shipped
with fuel tanks filled and equipment operating or inoperative, when
used for the transportation of other freight and loaded on flat cars as
part of a joint rail and highway movement, provided the equipment and
fuel supply conform to the requirements of Sec. 177.834(l) of this
subchapter.
(4) Modal exceptions. Quantities of flammable liquid fuel greater
than 500 mL (17 ounces) may remain in the fuel tank in self-propelled
vehicles engines, and machinery only under the following conditions:
(i) For transportation by motor vehicle or rail car, the fuel tanks
must be securely closed.
(ii) For transportation by vessel, the shipment must conform to
Sec. 176.905 of this subchapter for self-propelled vehicles and Sec.
176.906 of this subchapter for engines and machinery.
(iii) For transportation by aircraft, when carried in aircraft
designed or modified for vehicle ferry operations when all the
following conditions must be met:
(A) Authorization for this type operation has been given by the
appropriate authority in the government of the country in which the
aircraft is registered;
(B) Each vehicle is secured in an upright position;
(C) Each fuel tank is filled in a manner and only to a degree that
will preclude spillage of fuel during loading, unloading, and
transportation; and
(D) Each area or compartment in which a self-propelled vehicle is
being transported is suitably ventilated to prevent the accumulation of
fuel vapors.
(c) Battery-powered or installed. Batteries must be securely
installed, and wet batteries must be fastened in an upright position.
Batteries must be protected against a dangerous evolution of heat,
short circuits, and damage to terminals in conformance with Sec.
173.159(a) and leakage; or must be removed and packaged separately
under Sec. 173.159. Battery-powered vehicles, machinery or equipment
including battery-powered wheelchairs and mobility aids are not subject
to any other requirements of this subchapter except Sec. 173.21 when
transported by rail, highway or vessel. Where a vehicle could possibly
be handled in other than an upright position, the vehicle must be
secured in a strong, rigid outer packaging. The vehicle must be secured
by means capable of restraining the vehicle in the outer packaging to
prevent any movement during transport which would change the
orientation or cause the vehicle to be damaged.
(d) Lithium batteries. Except as provided in Sec. 172.102, special
provision A101, of this subchapter, vehicles, engines, and machinery
powered by lithium metal batteries, that are transported with these
batteries installed, are forbidden aboard passenger-carrying aircraft.
Lithium batteries contained in vehicles, engines, or mechanical
equipment must be securely fastened in the battery holder of the
vehicle, engine, or mechanical equipment, and be protected in such a
manner as to prevent damage and short circuits (e.g., by the use of
non-conductive caps that cover the terminals entirely). Except for
vehicles, engines, or machinery transported by highway, rail, or vessel
with prototype or low production lithium batteries securely installed,
each lithium battery must be of a type that has successfully passed
each test in the UN Manual of Tests and Criteria (IBR, see Sec. 171.7
of this subchapter), as specified in Sec. 173.185, unless approved by
the Associate Administrator. Where a vehicle could possibly be handled
in other than an upright position, the vehicle must be secured in a
strong, rigid outer packaging. The vehicle must be secured by means
capable of restraining the vehicle in the outer packaging to prevent
any movement during transport which would change the orientation or
cause the vehicle to be damaged.
(e) Fuel cells. A fuel cell must be secured and protected in a
manner to prevent damage to the fuel cell. Equipment (other than
vehicles, engines or mechanical equipment) such as consumer electronic
devices containing fuel cells (fuel cell cartridges) must be described
as ``Fuel cell cartridges contained in equipment'' and transported in
accordance with Sec. 173.230. Where a vehicle could possibly be
handled in other than an upright position, the vehicle must be secured
in a strong, rigid outer packaging. The vehicle must be secured by
means capable of restraining the vehicle in the outer packaging to
[[Page 15884]]
prevent any movement during transport which would change the
orientation or cause the vehicle to be damaged.
(f) Other hazardous materials. (1) Items containing hazardous
materials, such as fire extinguishers, compressed gas accumulators,
safety devices, and other hazardous materials that are integral
components of the motor vehicle, engine, or mechanical equipment, and
that are necessary for the operation of the vehicle, engine, or
mechanical equipment, or for the safety of its operator or passengers,
must be securely installed in the motor vehicle, engine, or mechanical
equipment. Such items are not otherwise subject to the requirements of
this subchapter. Equipment (other than vehicles, engines, or mechanical
equipment), such as consumer electronic devices containing lithium
batteries, must be described as ``Lithium metal batteries contained in
equipment'' or ``Lithium ion batteries contained in equipment,'' as
appropriate, and transported in accordance with Sec. 173.185, and
applicable special provisions. Equipment (other than vehicles, engines,
or mechanical equipment), such as consumer electronic devices
containing fuel cells (fuel cell cartridges), must be described as
``Fuel cell cartridges contained in equipment'' and transported in
accordance with Sec. 173.230.
(2) Other hazardous materials must be packaged and transported in
accordance with the requirements of this subchapter.
(g) Additional requirements for internal combustion engines and
vehicles with certain electronic equipment when transported by aircraft
or vessel. When an internal combustion engine that is not installed in
a vehicle or equipment is offered for transportation by aircraft or
vessel, all fuel, coolant or hydraulic systems remaining in the engine
must be drained as far as practicable, and all disconnected fluid pipes
that previously contained fluid must be sealed with leak-proof caps
that are positively retained. When offered for transportation by
aircraft, vehicles equipped with theft-protection devices, installed
radio communications equipment or navigational systems must have such
devices, equipment or systems disabled.
(h) Exceptions. Except as provided in paragraph (f)(2) of this
section, shipments made under the provisions of this section--
(1) Are not subject to any other requirements of this subchapter
for transportation by motor vehicle or rail car;
(2) Are not subject to the requirements of subparts D, E, and F
(marking, labeling and placarding, respectively) of part 172 of this
subchapter or Sec. 172.604 of this subchapter (emergency response
telephone number) for transportation by aircraft. For transportation by
aircraft, the provisions of Sec. 173.159(b)(2) as applicable, the
provisions of Sec. 173.230(f), as applicable, other applicable
requirements of this subchapter, including shipping papers, emergency
response information, notification of pilot-in-command, general
packaging requirements, and the requirements specified in Sec. 173.27
must be met; and
(3) For exceptions for transportation by vessel; see Sec. 176.905
of this subchapter for vehicles, and Sec. 176.906 of this subchapter
for engines and machinery.
0
33. In Sec. 173.221, paragraph (d) is added to read as follows:
Sec. 173.221 Polymeric beads, expandable and Plastic molding
compound.
* * * * *
(d) Exceptions. When it can be demonstrated that no flammable
vapor, resulting in a flammable atmosphere, is evolved according to
test U1 (Test method for substances liable to evolve flammable vapors)
of Part III, sub-section 38.4.4 of the UN Manual of Tests and Criteria
(IBR, see Sec. 171.7 of this subchapter), polymeric beads, expandable
need not be classed as Class 9 (UN2211). This test should only be
performed when de-classification of a substance is considered.
0
34. In Sec. 173.225, in paragraph (c)(8), the ``Organic Peroxide
Table'' is revised and in paragraph (e), the ``Organic Peroxide IBC
Table'' is revised to read as follows:
Sec. 173.225 Packaging requirements and other provisions for organic
peroxides.
* * * * *
(c) * * *
(8) * * *
Organic Peroxide Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diluent (mass %) Temperature (
Concentration ------------------------------ Water Packing [deg]C)
Technical name ID No. (mass %) (mass %) method ----------------------- Notes
A B I Control Emergency
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2) (3) (4a) (4b) (4c) (5) (6) (7a) (7b) (8)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Acetyl acetone peroxide........ UN3105 <=42 >=48 ........ ........ >=8 OP7 ........ ........... 2
Acetyl acetone peroxide [as a UN3106 <=32 ........ ........ ........ ......... OP7 ........ ........... 21
paste].
Acetyl cyclohexanesulfonyl UN3112 <=82 ........ ........ ........ >=12 OP4 -10 0 ........
peroxide.
Acetyl cyclohexanesulfonyl UN3115 <=32 ........ >=68 ........ ......... OP7 -10 0 ........
peroxide.
tert-Amyl hydroperoxide........ UN3107 <=88 >=6 ........ ........ >=6 OP8 ........ ........... ........
tert-Amyl peroxyacetate........ UN3105 <=62 >=38 ........ ........ ......... OP7 ........ ........... ........
tert-Amyl peroxybenzoate....... UN3103 <=100 ........ ........ ........ ......... OP5 ........ ........... ........
tert-Amyl peroxy-2- UN3115 <=100 ........ ........ ........ ......... OP7 20 25 ........
ethylhexanoate.
tert-Amyl peroxy-2-ethylhexyl UN3105 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
carbonate.
tert-Amyl peroxy isopropyl UN3103 <=77 >=23 ........ ........ ......... OP5 ........ ........... ........
carbonate.
tert-Amyl peroxyneodecanoate... UN3115 <=77 ........ >=23 ........ ......... OP7 0 10 ........
tert-Amyl peroxyneodecanoate... UN3119 <=47 >=53 ........ ........ ......... OP8 0 10 ........
tert-Amyl peroxypivalate....... UN3113 <=77 ........ >=23 ........ ......... OP5 10 15 ........
tert-Amyl peroxypivalate....... UN3119 <=32 >=68 ........ ........ ......... OP8 10 15 ........
tert-Amyl peroxy-3,5,5- UN3105 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
trimethylhexanoate.
tert-Butyl cumyl peroxide...... UN3109 >42-100 ........ ........ ........ ......... OP8 ........ ........... 9
tert-Butyl cumyl peroxide...... UN3108 <=52 ........ ........ >=48 ......... OP8 ........ ........... 9
n-Butyl-4,4-di-(tert- UN3103 >52-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)valerate.
n-Butyl-4,4-di-(tert- UN3108 <=52 ........ ........ >=48 ......... OP8 ........ ........... ........
butylperoxy)valerate.
tert-Butyl hydroperoxide....... UN3103 >79-90 ........ ........ ........ >=10 OP5 ........ ........... 13
tert-Butyl hydroperoxide....... UN3105 <=80 >=20 ........ ........ ......... OP7 ........ ........... 4, 13
tert-Butyl hydroperoxide....... UN3107 <=79 ........ ........ ........ >14 OP8 ........ ........... 13, 16
tert-Butyl hydroperoxide....... UN3109 <=72 ........ ........ ........ >=28 OP8 ........ ........... 13
[[Page 15885]]
tert-Butyl hydroperoxide [and] UN3103 <82 + >9 ........ ........ ........ >=7 OP5 ........ ........... 13
Di-tert-butylperoxide.
tert-Butyl monoperoxymaleate... UN3102 >52-100 ........ ........ ........ ......... OP5 ........ ........... ........
tert-Butyl monoperoxymaleate... UN3103 <=52 >=48 ........ ........ ......... OP6 ........ ........... ........
tert-Butyl monoperoxymaleate... UN3108 <=52 ........ ........ >=48 ......... OP8 ........ ........... ........
tert-Butyl monoperoxymaleate UN3108 <=52 ........ ........ ........ ......... OP8 ........ ........... ........
[as a paste].
tert-Butyl peroxyacetate....... UN3101 >52-77 >=23 ........ ........ ......... OP5 ........ ........... ........
tert-Butyl peroxyacetate....... UN3103 >32-52 >=48 ........ ........ ......... OP6 ........ ........... ........
tert-Butyl peroxyacetate....... UN3109 <=32 ........ >=68 ........ ......... OP8 ........ ........... ........
tert-Butyl peroxybenzoate...... UN3103 >77-100 ........ ........ ........ ......... OP5 ........ ........... ........
tert-Butyl peroxybenzoate...... UN3105 >52-77 >=23 ........ ........ ......... OP7 ........ ........... 1
tert-Butyl peroxybenzoate...... UN3106 <=52 ........ ........ >=48 ......... OP7 ........ ........... ........
tert-Butyl peroxybenzoate...... UN3109 <=32 >=68 ........ ........ ......... OP8 ........ ........... ........
tert-Butyl peroxybutyl fumarate UN3105 <=52 >=48 ........ ........ ......... OP7 ........ ........... ........
tert-Butyl peroxycrotonate..... UN3105 <=77 >=23 ........ ........ ......... OP7 ........ ........... ........
tert-Butyl peroxydiethylacetate UN3113 <=100 ........ ........ ........ ......... OP5 20 25 ........
tert-Butyl peroxy-2- UN3113 >52-100 ........ ........ ........ ......... OP6 20 25 ........
ethylhexanoate.
tert-Butyl peroxy-2- UN3117 >32-52 ........ >=48 ........ ......... OP8 30 35 ........
ethylhexanoate.
tert-Butyl peroxy-2- UN3118 <=52 ........ ........ >=48 ......... OP8 20 25 ........
ethylhexanoate.
tert-Butyl peroxy-2- UN3119 <=32 ........ >=68 ........ ......... OP8 40 45 ........
ethylhexanoate.
tert-Butyl peroxy-2- UN3106 <=12 + <=14 >=14 ........ >=60 ......... OP7 ........ ........... ........
ethylhexanoate [and] 2,2-di-
(tert-Butylperoxy)butane.
tert-Butyl peroxy-2- UN3115 <=31 + <=36 ........ >=33 ........ ......... OP7 35 40 ........
ethylhexanoate [and] 2,2-di-
(tert-Butylperoxy)butane.
tert-Butyl peroxy-2- UN3105 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
ethylhexylcarbonate.
tert-Butyl peroxyisobutyrate... UN3111 >52-77 ........ >=23 ........ ......... OP5 15 20 ........
tert-Butyl peroxyisobutyrate... UN3115 <=52 ........ >=48 ........ ......... OP7 15 20 ........
tert-Butylperoxy UN3103 <=77 >=23 ........ ........ ......... OP5 ........ ........... ........
isopropylcarbonate.
1-(2-tert-Butylperoxy UN3105 <=77 >=23 ........ ........ ......... OP7 ........ ........... ........
isopropyl)-3-
isopropenylbenzene.
1-(2-tert-Butylperoxy UN3108 <=42 ........ ........ >=58 ......... OP8 ........ ........... ........
isopropyl)-3-
isopropenylbenzene.
tert-Butyl peroxy-2- UN3103 <=100 ........ ........ ........ ......... OP5 ........ ........... ........
methylbenzoate.
tert-Butyl peroxyneodecanoate.. UN3115 >77-100 ........ ........ ........ ......... OP7 -5 5 ........
tert-Butyl peroxyneodecanoate.. UN3115 <=77 ........ >=23 ........ ......... OP7 0 10 ........
tert-Butyl peroxyneodecanoate UN3119 <=52 ........ ........ ........ ......... OP8 0 10 ........
[as a stable dispersion in
water].
tert-Butyl peroxyneodecanoate UN3118 <=42 ........ ........ ........ ......... OP8 0 10 ........
[as a stable dispersion in
water (frozen)].
tert-Butyl peroxyneodecanoate.. UN3119 <=32 >=68 ........ ........ ......... OP8 0 10 ........
tert-Butyl peroxyneoheptanoate. UN3115 <=77 >=23 ........ ........ ......... OP7 0 10 ........
tert-Butyl peroxyneoheptanoate UN3117 <=42 ........ ........ ........ ......... OP8 0 10 ........
[as a stable dispersion in
water].
tert-Butyl peroxypivalate...... UN3113 >67-77 >=23 ........ ........ ......... OP5 0 10 ........
tert-Butyl peroxypivalate...... UN3115 >27-67 ........ >=33 ........ ......... OP7 0 10 ........
tert-Butyl peroxypivalate...... UN3119 <=27 ........ >=73 ........ ......... OP8 30 35 ........
tert-Butylperoxy UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
stearylcarbonate.
tert-Butyl peroxy-3,5,5- UN3105 >37-100 ........ ........ ........ ......... OP7 ........ ........... ........
trimethylhexanoate.
tert-Butyl peroxy-3,5,5- UN3106 <=42 ........ ........ >=58 ......... OP7 ........ ........... ........
trimethlyhexanoate.
tert-Butyl peroxy-3,5,5- UN3109 <=37 ........ >=63 ........ ......... OP8 ........ ........... ........
trimethylhexanoate.
3-Chloroperoxybenzoic acid..... UN3102 >57-86 ........ ........ >=14 ......... OP1 ........ ........... ........
3-Chloroperoxybenzoic acid..... UN3106 <=57 ........ ........ >=3 >=40 OP7 ........ ........... ........
3-Chloroperoxybenzoic acid..... UN3106 <=77 ........ ........ >=6 >=17 OP7 ........ ........... ........
Cumyl hydroperoxide............ UN3107 >90-98 <=10 ........ ........ ......... OP8 ........ ........... 13
Cumyl hydroperoxide............ UN3109 <=90 >=10 ........ ........ ......... OP8 ........ ........... 13, 15
Cumyl peroxyneodecanoate....... UN3115 <=87 >=13 ........ ........ ......... OP7 -10 0 ........
Cumyl peroxyneodecanoate....... UN3115 <=77 ........ >=23 ........ ......... OP7 -10 0 ........
Cumyl peroxyneodecanoate [as a UN3119 <=52 ........ ........ ........ ......... OP8 -10 0 ........
stable dispersion in water].
Cumyl peroxyneoheptanoate...... UN3115 <=77 >=23 ........ ........ ......... OP7 -10 0 ........
Cumyl peroxypivalate........... UN3115 <=77 ........ >=23 ........ ......... OP7 -5 5 ........
Cyclohexanone peroxide(s)...... UN3104 <=91 ........ ........ ........ >=9 OP6 ........ ........... 13
Cyclohexanone peroxide(s)...... UN3105 <=72 >=28 ........ ........ ......... OP7 ........ ........... 5
Cyclohexanone peroxide(s) [as a UN3106 <=72 ........ ........ ........ ......... OP7 ........ ........... 5, 21
paste].
Cyclohexanone peroxide(s)...... Exempt <=32 ........ >68 ........ ......... Exempt ........ ........... 29
Diacetone alcohol peroxides.... UN3115 <=57 ........ >=26 ........ >=8 OP7 40 45 5
Diacetyl peroxide.............. UN3115 <=27 ........ >=73 ........ ......... OP7 20 25 8,13
Di-tert-amyl peroxide.......... UN3107 <=100 ........ ........ ........ ......... OP8 ........ ........... ........
([3R- (3R, 5aS, 6S, 8aS, 9R, UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
10R, 12S, 12aR**)]-Decahydro-
10-methoxy-3, 6, 9-trimethyl-
3, 12-epoxy-12H-pyrano [4, 3-
j]-1, 2-benzodioxepin).
2,2-Di-(tert-amylperoxy)-butane UN3105 <=57 >=43 ........ ........ ......... OP7 ........ ........... ........
[[Page 15886]]
1,1-Di-(tert- UN3103 <=82 >=18 ........ ........ ......... OP6 ........ ........... ........
amylperoxy)cyclohexane.
Dibenzoyl peroxide............. UN3102 >52-100 ........ ........ <=48 ......... OP2 ........ ........... 3
Dibenzoyl peroxide............. UN3102 >77-94 ........ ........ ........ >=6 OP4 ........ ........... 3
Dibenzoyl peroxide............. UN3104 <=77 ........ ........ ........ >=23 OP6 ........ ........... ........
Dibenzoyl peroxide............. UN3106 <=62 ........ ........ >=28 >=10 OP7 ........ ........... ........
Dibenzoyl peroxide [as a paste] UN3106 >52-62 ........ ........ ........ ......... OP7 ........ ........... 21
Dibenzoyl peroxide............. UN3106 >35-52 ........ ........ >=48 ......... OP7 ........ ........... ........
Dibenzoyl peroxide............. UN3107 >36-42 >=18 ........ ........ <=40 OP8 ........ ........... ........
Dibenzoyl peroxide [as a paste] UN3108 <=56.5 ........ ........ ........ >=15 OP8 ........ ........... ........
Dibenzoyl peroxide [as a paste] UN3108 <=52 ........ ........ ........ ......... OP8 ........ ........... 21
Dibenzoyl peroxide [as a stable UN3109 <=42 ........ ........ ........ ......... OP8 ........ ........... ........
dispersion in water].
Dibenzoyl peroxide............. Exempt <=35 ........ ........ >=65 ......... Exempt ........ ........... 29
Di-(4-tert- UN3114 <=100 ........ ........ ........ ......... OP6 30 35 ........
butylcyclohexyl)peroxydicarbon
ate.
Di-(4-tert- UN3119 <=42 ........ ........ ........ ......... OP8 30 35 ........
butylcyclohexyl)peroxydicarbon
ate [as a stable dispersion in
water].
Di-tert-butyl peroxide......... UN3107 >52-100 ........ ........ ........ ......... OP8 ........ ........... ........
Di-tert-butyl peroxide......... UN3109 <=52 ........ >=48 ........ ......... OP8 ........ ........... 24
Di-tert-butyl peroxyazelate.... UN3105 <=52 >=48 ........ ........ ......... OP7 ........ ........... ........
2,2-Di-(tert-butylperoxy)butane UN3103 <=52 >=48 ........ ........ ......... OP6 ........ ........... ........
1,6-Di-(tert- UN3103 <=72 >=28 ........ ........ ......... OP5 ........ ........... ........
butylperoxycarbonyloxy)hexane.
1,1-Di-(tert- UN3101 >80-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3103 >52-80 >=20 ........ ........ ......... OP5 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert-butylperoxy)- UN3103 <=72 ........ >=28 ........ ......... OP5 ........ ........... 30
cyclohexane.
1,1-Di-(tert- UN3105 >42-52 >=48 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3106 <=42 >=13 ........ >=45 ......... OP7 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3107 <=27 >=25 ........ ........ ......... OP8 ........ ........... 22
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3109 <=42 >=58 ........ ........ ......... OP8 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert-Butylperoxy) UN3109 <=37 >=63 ........ ........ ......... OP8 ........ ........... ........
cyclohexane.
1,1-Di-(tert- UN3109 <=25 >=25 >=50 ........ ......... OP8 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3109 <=13 >=13 >=74 ........ ......... OP8 ........ ........... ........
butylperoxy)cyclohexane.
1,1-Di-(tert- UN3105 <=43+<=16 >=41 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)cyclohexane + tert-
Butyl peroxy-2-ethylhexanoate.
Di-n-butyl peroxydicarbonate... UN3115 >27-52 ........ >=48 ........ ......... OP7 -15 -5 ........
Di-n-butyl peroxydicarbonate... UN3117 <=27 ........ >=73 ........ ......... OP8 -10 0 ........
Di-n-butyl peroxydicarbonate UN3118 <=42 ........ ........ ........ ......... OP8 -15 -5 ........
[as a stable dispersion in
water (frozen)].
Di-sec-butyl peroxydicarbonate. UN3113 >52-100 ........ ........ ........ ......... OP4 -20 -10 6
Di-sec-butyl peroxydicarbonate. UN3115 <=52 ........ >=48 ........ ......... OP7 -15 -5 ........
Di-(tert-butylperoxyisopropyl) UN3106 >42-100 ........ ........ <=57 ......... OP7 ........ ........... 1, 9
benzene(s).
Di-(tert-butylperoxyisopropyl) Exempt <=42 ........ ........ >=58 ......... Exempt ........ ........... ........
benzene(s).
Di-(tert-butylperoxy)phthalate. UN3105 >42-52 >=48 ........ ........ ......... OP7 ........ ........... ........
Di-(tert-butylperoxy)phthalate UN3106 <=52 ........ ........ ........ ......... OP7 ........ ........... 21
[as a paste].
Di-(tert-butylperoxy)phthalate. UN3107 <=42 >=58 ........ ........ ......... OP8 ........ ........... ........
2,2-Di-(tert- UN3105 <=52 >=48 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)propane.
2,2-Di-(tert- UN3106 <=42 >=13 ........ >=45 ......... OP7 ........ ........... ........
butylperoxy)propane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3101 >90-100 ........ ........ ........ ......... OP5 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103 >57-90 >=10 ........ ........ ......... OP5 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103 <=77 ........ >=23 ........ ......... OP5 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3103 <=90 ........ >=10 ........ ......... OP5 ........ ........... 30
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3110 <=57 ........ ........ >=43 ......... OP8 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3107 <=57 >=43 ........ ........ ......... OP8 ........ ........... ........
trimethylcyclohexane.
1,1-Di-(tert-butylperoxy)-3,3,5- UN3107 <=32 >=26 >=42 ........ ......... OP8 ........ ........... ........
trimethylcyclohexane.
Dicetyl peroxydicarbonate...... UN3120 <=100 ........ ........ ........ ......... OP8 30 35 ........
Dicetyl peroxydicarbonate [as a UN3119 <=42 ........ ........ ........ ......... OP8 30 35 ........
stable dispersion in water].
Di-4-chlorobenzoyl peroxide.... UN3102 <=77 ........ ........ ........ >=23 OP5 ........ ........... ........
Di-4-chlorobenzoyl peroxide.... Exempt <=32 ........ ........ >=68 ......... Exempt ........ ........... 29
Di-2,4-dichlorobenzoyl peroxide UN3118 <=52 ........ ........ ........ ......... OP8 20 25 ........
[as a paste].
Di-4-chlorobenzoyl peroxide [as UN3106 <=52 ........ ........ ........ ......... OP7 ........ ........... 21
a paste].
Dicumyl peroxide............... UN3110 >52-100 ........ ........ <=48 ......... OP8 ........ ........... 9
Dicumyl peroxide............... Exempt <=52 ........ ........ >=48 ......... Exempt ........ ........... 29
Dicyclohexyl peroxydicarbonate. UN3112 >91-100 ........ ........ ........ ......... OP3 10 15 ........
[[Page 15887]]
Dicyclohexyl peroxydicarbonate. UN3114 <=91 ........ ........ ........ >=9 OP5 10 15 ........
Dicyclohexyl peroxydicarbonate UN3119 <=42 ........ ........ ........ ......... OP8 15 20 ........
[as a stable dispersion in
water].
Didecanoyl peroxide............ UN3114 <=100 ........ ........ ........ ......... OP6 30 35 ........
2,2-Di-(4,4-di(tert- UN3106 <=42 ........ ........ >=58 ......... OP7 ........ ........... ........
butylperoxy)cyclohexyl)propane.
2,2-Di-(4,4-di(tert- UN3107 <=22 ........ >=78 ........ ......... OP8 ........ ........... ........
butylperoxy)cyclohexyl)propane.
Di-2,4-dichlorobenzoyl peroxide UN3102 <=77 ........ ........ ........ >=23 OP5 ........ ........... ........
Di-2,4-dichlorobenzoyl peroxide UN3106 <=52 ........ ........ ........ ......... OP7 ........ ........... ........
[as a paste with silicone oil].
Di-(2-ethoxyethyl) UN3115 <=52 ........ >=48 ........ ......... OP7 -10 0 ........
peroxydicarbonate.
Di-(2-ethylhexyl) UN3113 >77-100 ........ ........ ........ ......... OP5 -20 -10 ........
peroxydicarbonate.
Di-(2-ethylhexyl) UN3115 <=77 ........ >=23 ........ ......... OP7 -15 -5 ........
peroxydicarbonate.
Di-(2-ethylhexyl) UN3119 <=62 ........ ........ ........ ......... OP8 -15 -5 ........
peroxydicarbonate [as a stable
dispersion in water].
Di-(2-ethylhexyl) UN3119 <=52 ........ ........ ........ ......... OP8 -15 -5 ........
peroxydicarbonate [as a stable
dispersion in water].
Di-(2-ethylhexyl) UN3120 <=52 ........ ........ ........ ......... OP8 -15 -5 ........
peroxydicarbonate [as a stable
dispersion in water (frozen)].
2,2-Dihydroperoxypropane....... UN3102 <=27 ........ ........ >=73 ......... OP5 ........ ........... ........
Di-(1- UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
hydroxycyclohexyl)peroxide.
Diisobutyryl peroxide.......... UN3111 >32-52 ........ >=48 ........ ......... OP5 -20 -10 ........
Diisobutyryl peroxide.......... UN3115 <=32 ........ >=68 ........ ......... OP7 -20 -10 ........
Diisopropylbenzene UN3106 <=82 >=5 ........ ........ >=5 OP7 ........ ........... 17
dihydroperoxide.
Diisopropyl peroxydicarbonate.. UN3112 >52-100 ........ ........ ........ ......... OP2 -15 -5 ........
Diisopropyl peroxydicarbonate.. UN3115 <=52 ........ >=48 ........ ......... OP7 -20 -10 ........
Diisopropyl peroxydicarbonate.. UN3115 <=32 >=68 ........ ........ ......... OP7 -15 -5 ........
Dilauroyl peroxide............. UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
Dilauroyl peroxide [as a stable UN3109 <=42 ........ ........ ........ ......... OP8 ........ ........... ........
dispersion in water].
Di-(3-methoxybutyl) UN3115 <=52 ........ >=48 ........ ......... OP7 -5 5 ........
peroxydicarbonate.
Di-(2-methylbenzoyl)peroxide... UN3112 <=87 ........ ........ ........ >=13 OP5 30 35 ........
Di-(4-methylbenzoyl)peroxide UN3106 <=52 ........ ........ ........ ......... OP7 ........ ........... ........
[as a paste with silicone oil].
Di-(3-methylbenzoyl) peroxide + UN3115 <=20 + ........ >=58 ........ ......... OP7 35 40 ........
Benzoyl (3-methylbenzoyl) <=18 + <=4
peroxide + Dibenzoyl peroxide.
2,5-Dimethyl-2,5-di- UN3102 >82-100 ........ ........ ........ ......... OP5 ........ ........... ........
(benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di- UN3106 <=82 ........ ........ >=18 ......... OP7 ........ ........... ........
(benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di- UN3104 <=82 ........ ........ ........ >=18 OP5 ........ ........... ........
(benzoylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3103 >90-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3105 >52-90 >=10 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3108 <=77 ........ ........ >=23 ......... OP8 ........ ........... ........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3109 <=52 >=48 ........ ........ ......... OP8 ........ ........... ........
butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert- UN3108 <=47 ........ ........ ........ ......... OP8 ........ ........... ........
butylperoxy)hexane [as a
paste].
2,5-Dimethyl-2,5-di-(tert- UN3101 >86-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert- UN3103 >52-86 >=14 ........ ........ ......... OP5 ........ ........... ........
butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(tert- UN3106 <=52 ........ ........ >=48 ......... OP7 ........ ........... ........
butylperoxy)hexyne-3.
2,5-Dimethyl-2,5-di-(2- UN3113 <=100 ........ ........ ........ ......... OP5 20 25 ........
ethylhexanoylperoxy)hexane.
2,5-Dimethyl-2,5- UN3104 <=82 ........ ........ ........ >=18 OP6 ........ ........... ........
dihydroperoxyhexane.
2,5-Dimethyl-2,5-di-(3,5,5- UN3105 <=77 >=23 ........ ........ ......... OP7 ........ ........... ........
trimethylhexanoylperoxy)hexane.
1,1-Dimethyl-3- UN3117 <=52 >=48 ........ ........ ......... OP8 0 10 ........
hydroxybutylperoxyneoheptanoat
e.
Dimyristyl peroxydicarbonate... UN3116 <=100 ........ ........ ........ ......... OP7 20 25 ........
Dimyristyl peroxydicarbonate UN3119 <=42 ........ ........ ........ ......... OP8 20 25 ........
[as a stable dispersion in
water].
Di-(2- UN3115 <=52 >=48 ........ ........ ......... OP7 -10 0 ........
neodecanoylperoxyisopropyl)ben
zene.
Di-(2-neodecanoyl- UN3119 <=42 ........ ........ ........ ......... OP8 -15 -5 ........
peroxyisopropyl) benzene, as
stable dispersion in water.
Di-n-nonanoyl peroxide......... UN3116 <=100 ........ ........ ........ ......... OP7 0 10 ........
Di-n-octanoyl peroxide......... UN3114 <=100 ........ ........ ........ ......... OP5 10 15 ........
[[Page 15888]]
Di-(2- UN3102 >85-100 ........ ........ ........ ......... OP5 ........ ........... ........
phenoxyethyl)peroxydicarbonate.
Di-(2- UN3106 <=85 ........ ........ ........ >=15 OP7 ........ ........... ........
phenoxyethyl)peroxydicarbonate.
Dipropionyl peroxide........... UN3117 <=27 ........ >=73 ........ ......... OP8 15 20 ........
Di-n-propyl peroxydicarbonate.. UN3113 <=100 ........ ........ ........ ......... OP3 -25 -15 ........
Di-n-propyl peroxydicarbonate.. UN3113 <=77 ........ >=23 ........ ......... OP5 -20 -10 ........
Disuccinic acid peroxide....... UN3102 >72-100 ........ ........ ........ ......... OP4 ........ ........... 18
Disuccinic acid peroxide....... UN3116 <=72 ........ ........ ........ >=28 OP7 10 15 ........
Di-(3,5,5-trimethylhexanoyl) UN3115 >52-82 >=18 ........ ........ ......... OP7 0 10 ........
peroxide.
Di-(3,5,5- UN3119 <=52 ........ ........ ........ ......... OP8 10 15 ........
trimethylhexanoyl)peroxide [as
a stable dispersion in water].
Di-(3,5,5- UN3119 <=38 >=62 ........ ........ ......... OP8 20 25 ........
trimethylhexanoyl)peroxide.
Ethyl 3,3-di-(tert- UN3105 <=67 >=33 ........ ........ ......... OP7 ........ ........... ........
amylperoxy)butyrate.
Ethyl 3,3-di-(tert- UN3103 >77-100 ........ ........ ........ ......... OP5 ........ ........... ........
butylperoxy)butyrate.
Ethyl 3,3-di-(tert- UN3105 <=77 >=23 ........ ........ ......... OP7 ........ ........... ........
butylperoxy)butyrate.
Ethyl 3,3-di-(tert- UN3106 <=52 ........ ........ >=48 ......... OP7 ........ ........... ........
butylperoxy)butyrate.
1-(2-ethylhexanoylperoxy)-1,3- UN3115 <=52 >=45 >=10 ........ ......... OP7 -20 -10 ........
Dimethylbutyl peroxypivalate.
tert-Hexyl peroxyneodecanoate.. UN3115 <=71 >=29 ........ ........ ......... OP7 0 10 ........
tert-Hexyl peroxypivalate...... UN3115 <=72 ........ >=28 ........ ......... OP7 10 15 ........
3-Hydroxy-1,1-dimethylbutyl UN3115 <=77 >=23 ........ ........ ......... OP7 -5 5 ........
peroxyneodecanoate.
3-Hydroxy-1,1-dimethylbutyl UN3119 <=52 ........ ........ ........ ......... OP8 -5 5 ........
peroxyneodecanoate [as a
stable dispersion in water].
3-Hydroxy-1,1-dimethylbutyl UN3117 <=52 >=48 ........ ........ ......... OP8 -5 5 ........
peroxyneodecanoate.
Isopropyl sec-butyl UN3111 <=52 + <=28 ........ ........ ........ ......... OP5 -20 -10 ........
peroxydicarbonat + Di-sec- + <=22
butyl peroxydicarbonate + Di-
isopropyl peroxydicarbonate.
Isopropyl sec-butyl UN3115 <=32 + <=15 >=38 ........ ........ ......... OP7 -20 -10 ........
peroxydicarbonate + Di-sec- -18
butyl peroxydicarbonate + Di- + <=12 -15
isopropyl peroxydicarbonate.
Isopropylcumyl hydroperoxide... UN3109 <=72 >=28 ........ ........ ......... OP8 ........ ........... 13
p-Menthyl hydroperoxide........ UN3105 >72-100 ........ ........ ........ ......... OP7 ........ ........... 13
p-Menthyl hydroperoxide........ UN3109 <=72 >=28 ........ ........ ......... OP8 ........ ........... ........
Methylcyclohexanone peroxide(s) UN3115 <=67 ........ >=33 ........ ......... OP7 35 40 ........
Methyl ethyl ketone peroxide(s) UN3101 <=52 >=48 ........ ........ ......... OP5 ........ ........... 5, 13
Methyl ethyl ketone peroxide(s) UN3105 <=45 >=55 ........ ........ ......... OP7 ........ ........... 5
Methyl ethyl ketone peroxide(s) UN3107 <=40 >=60 ........ ........ ......... OP8 ........ ........... 7
Methyl isobutyl ketone UN3105 <=62 >=19 ........ ........ ......... OP7 ........ ........... 5, 23
peroxide(s).
Methyl isopropyl ketone UN3109 (See remark 31) >=70 ........ ........ ......... OP8 ........ ........... 31
peroxide(s).
Organic peroxide, liquid, UN3103 ............... ........ ........ ........ ......... OP2 ........ ........... 12
sample.
Organic peroxide, liquid, UN3113 ............... ........ ........ ........ ......... OP2 ........ ........... 12
sample, temperature controlled.
Organic peroxide, solid, sample UN3104 ............... ........ ........ ........ ......... OP2 ........ ........... 12
Organic peroxide, solid, UN3114 ............... ........ ........ ........ ......... OP2 ........ ........... 12
sample, temperature controlled.
3,3,5,7,7-Pentamethyl-1,2,4- UN3107 <=100 ........ ........ ........ ......... OP8 ........ ........... ........
Trioxepane.
Peroxyacetic acid, type D, UN3105 <=43 ........ ........ ........ ......... OP7 ........ ........... 13, 20
stabilized.
Peroxyacetic acid, type E, UN3107 <=43 ........ ........ ........ ......... OP8 ........ ........... 13, 20
stabilized.
Peroxyacetic acid, type F, UN3109 <=43 ........ ........ ........ ......... OP8 ........ ........... 13, 20,
stabilized. 28
Peroxyacetic acid or peracetic UN3107 <=36 ........ ........ ........ >=15 OP8 ........ ........... 13, 20,
acid [with not more than 7% 28
hydrogen peroxide].
Peroxyacetic acid or peracetic Exempt <=6 ........ ........ ........ >=60 Exempt ........ ........... 28
acid [with not more than 20%
hydrogen peroxide].
Peroxyacetic acid or peracetic UN3109 <=17 ........ ........ ........ ......... OP8 ........ ........... 13, 20,
acid [with not more than 26% 28
hydrogen peroxide].
Peroxylauric acid.............. UN3118 <=100 ........ ........ ........ ......... OP8 35 40 ........
Pinanyl hydroperoxide.......... UN3105 >56-100 ........ ........ ........ ......... OP7 ........ ........... 13
Pinanyl hydroperoxide.......... UN3109 <=56 >=44 ........ ........ ......... OP8 ........ ........... ........
Polyether poly-tert- UN3107 <=52 ........ >=48 ........ ......... OP8 ........ ........... ........
butylperoxycarbonate.
Tetrahydronaphthyl UN3106 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
hydroperoxide.
1,1,3,3-Tetramethylbutyl UN3105 <=100 ........ ........ ........ ......... OP7 ........ ........... ........
hydroperoxide.
1,1,3,3-Tetramethylbutyl peroxy- UN3115 <=100 ........ ........ ........ ......... OP7 15 20 ........
2-ethylhexanoate.
1,1,3,3-Tetramethylbutyl UN3115 <=72 ........ >=28 ........ ......... OP7 -5 5 ........
peroxyneodecanoate.
1,1,3,3-Tetramethylbutyl UN3119 <=52 ........ ........ ........ ......... OP8 -5 5 ........
peroxyneodecanoate [as a
stable dispersion in water].
1,1,3,3-tetramethylbutyl UN3115 <=77 >=23 ........ ........ ......... OP7 0 10 ........
peroxypivalate.
3, 6, 9-Triethyl-3, 6, 9- UN3110 <=17 >=18 ........ >=65 ......... OP8 ........ ........... ........
trimethyl-1, 4, 7-
triperoxonane.
[[Page 15889]]
3,6,9-Triethyl-3,6,9-trimethyl- UN3105 <=42 >=58 ........ ........ ......... OP7 ........ ........... 26
1,4,7-triperoxonane.
Di-(3, 5, 5-trimethylhexanoyl) UN3119 >38-52 >=48 ........ ........ ......... OP8 10 15 ........
peroxide.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. For domestic shipments, OP8 is authorized.
2. Available oxygen must be <4.7%.
3. For concentrations <80% OP5 is allowed. For concentrations of at least 80% but <85%, OP4 is allowed. For concentrations of at least 85%, maximum
package size is OP2.
4. The diluent may be replaced by di-tert-butyl peroxide.
5. Available oxygen must be <=9% with or without water.
6. For domestic shipments, OP5 is authorized.
7. Available oxygen must be <=8.2% with or without water.
8. Only non-metallic packagings are authorized.
9. For domestic shipments this material may be transported under the provisions of paragraph (h)(3)(xii) of this section.
10. [Reserved]
11. [Reserved]
12. Samples may only be offered for transportation under the provisions of paragraph (b)(2) of this section.
13. ``Corrosive'' subsidiary risk label is required.
14. [Reserved]
15. No ``Corrosive'' subsidiary risk label is required for concentrations below 80%.
16. With <6% di-tert-butyl peroxide.
17. With <=8% 1-isopropylhydroperoxy-4-isopropylhydroxybenzene.
18. Addition of water to this organic peroxide will decrease its thermal stability.
19. [Reserved]
20. Mixtures with hydrogen peroxide, water and acid(s).
21. With diluent type A, with or without water.
22. With >=36% diluent type A by mass, and in addition ethylbenzene.
23. With >=19% diluent type A by mass, and in addition methyl isobutyl ketone.
24. Diluent type B with boiling point >100 C.
25. No ``Corrosive'' subsidiary risk label is required for concentrations below 56%.
26. Available oxygen must be <=7.6%.
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.
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point >130 [deg]C (266[emsp14][deg]F).
31. Available oxygen <=6.7%.
* * * * *
(e) * * *
Organic Peroxide IBC Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum
UN No. Organic peroxide Type of IBC quantity Control Emergency
(liters) temperature temperature
--------------------------------------------------------------------------------------------------------------------------------------------------------
3109........................................... ORGANIC PEROXIDE, TYPE F, LIQUID .............. .............. .............. ..............
tert-Butyl cumyl peroxide.............. 31HA1 1000 .............. ..............
tert-Butyl hydroperoxide, not more than 31A 1250 .............. ..............
72% with water.
tert-Butyl peroxyacetate, not more than 31A 1250 .............. ..............
32% in diluent type A. 31HA1 1000
tert-Butyl peroxybenzoate, not more 31A 1250 .............. ..............
than 32% in diluent type A.
tert-Butyl peroxy-3,5,5- 31A 1250 .............. ..............
trimethylhexanoate, not more than 37% 31HA1 1000
in diluent type A.
Cumyl hydroperoxide, not more than 90% 31HA1 1250 .............. ..............
in diluent type A.
Dibenzoyl peroxide, not more than 42% 31H1 1000 .............. ..............
as a stable dispersion.
Di-tert-butyl peroxide, not more than 31A 1250 .............. ..............
52% in diluent type B. 31HA1 1000
1,1-Di-(tert-Butylperoxy) cyclohexane, 31A 1250 .............. ..............
not more than 37% in diluent type A.
1,1-Di-(tert-butylperoxy) cyclohexane, 31H1 1000 .............. ..............
not more than 42% in diluent type A.
Dicumyl peroxide, less than or equal to 31A 1250 .............. ..............
100%. 31HA1 1000
Dilauroyl peroxide, not more than 42%, 31HA1 1000 .............. ..............
stable dispersion, in water.
Isopropyl cumyl hydroperoxide, not more 31HA1 1250 .............. ..............
than 72% in diluent type A.
p-Menthyl hydroperoxide, not more than 31HA1 1250 .............. ..............
72% in diluent type A.
[[Page 15890]]
Peroxyacetic acid, stabilized, not more 31A 1500 .............. ..............
than 17%. 31H1 1500
31H2 1500
31HA1 1500
Peroxyacetic acid, with not more than 31A 1500 .............. ..............
26% hydrogen peroxide. 31HA1 1500
Peroxyacetic acid, type F, stabilized.. 31A 1500 .............. ..............
31HA1 1500
3110........................................... ORGANIC PEROXIDE TYPE F, SOLID......... .............. .............. .............. ..............
Dicumyl peroxide, less than or equal to 31A 2000 .............. ..............
100%. 31H1
31HA1
3119........................................... ORGANIC PEROXIDE, TYPE F, LIQUID, .............. .............. .............. ..............
TEMPERATURE CONTROLLED.
tert-Amyl peroxypivalate, not more than 31A 1250 + 10 [deg]C + 15 [deg]C
32% in diluent type A.
tert-Butyl peroxy-2-ethylhexanoate, not 31HA1 1000 + 30 [deg]C + 35 [deg]C
more than 32% in diluent type B. 31A 1250 + 30 [deg]C + 35 [deg]C
tert-Butyl peroxyneodecanoate, not more 31A 1250 0 [deg]C + 10 [deg]C
than 32% in diluent type A.
tert-Butyl peroxyneodecanoate, not more 31A 1250 -5 [deg]C + 5 [deg]C
than 52%, stable dispersion, in water.
tert-Butyl peroxypivalate, not more 31HA1 1000 + 10 [deg]C + 15 [deg]C
than 27% in diluent type B. 31A 1250 + 10 [deg]C + 15 [deg]C
Di-(4-tert-butylcyclohexyl) 31HA1 1000 + 30 [deg]C + 35 [deg]C
peroxydicarbonate, not more than 42%,
stable dispersion, in water.
Dicetyl peroxydicarbonate, not more 31HA1 1000 + 30 [deg]C + 35 [deg]C
than 42%, stable dispersion, in water.
Dicyclohexylperoxydicarbonate, not more 31A 1250 + 10 [deg]C + 15 [deg]C
than 42% as a stable dispersion, in
water.
Di-(2-ethylhexyl) peroxydicarbonate, 31A 1250 -20 [deg]C -10 [deg]C
not more than 62%, stable dispersion, 31HA1 1000 -20 [deg]C -10 [deg]C
in water.
Diisobutyryl peroxide, not more than 31HA1 1000 -20 [deg]C -10 [deg]C
28% as a stable dispersion in water. 31A 1250 -20 [deg]C -10 [deg]C
Diisobutyryl peroxide, not more than 31HA1 1000 -25 [deg]C -15 [deg]C
42% as a stable dispersion in water. 31A 1250 -25 [deg]C -15 [deg]C
Dimyristyl peroxydicarbonate, not more 31HA1 1000 + 15 [deg]C + 20 [deg]C
than 42%, stable dispersion, in water.
Di-(2-neodecanoylperoxyisopropyl) 31A 1250 -15 [deg]C -5 [deg]C
benzene, not more than 42%, stable
dispersion, in water.
Di-(3,5,5-trimethylhexanoyl) peroxide, 31HA1 1000 + 10 [deg]C + 15 [deg]C
not more than 52% in diluent type A. 31A 1250 + 10 [deg]C + 15 [deg]C
Di-(3,5,5-trimethylhexanoyl) peroxide, 31A 1250 + 10 [deg]C + 15 [deg]C
not more than 52%, stable dispersion,
in water.
3-Hydroxy-1,1-dimethylbutyl peroxy- 31A 1250 -15 [deg]C -5 [deg]C
neodecanoate, not more than 52%,
stable dispersion, in water.
1,1,3,3-Tetramethylbutyl peroxy-2- 31HA1 1000 +15 [deg]C +20 [deg]C
ethylhexanoate, not more than 67%, in
diluent type A.
1,1,3,3-Tetramethylbutyl 31A 1250 -5 [deg]C + 5 [deg]C
peroxyneodecanoate, not more than 52%, 31HA1 1000 -5 [deg]C + 5 [deg]C
stable dispersion, in water.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
35. In Sec. 173.301, paragraphs (a)(1) and (2) are revised to read as
follows:
Sec. 173.301 General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.
(a) * * *
(1) Compressed gases must be in UN pressure receptacles built in
accordance with the UN standards or in metal cylinders and containers
built in accordance with the DOT and ICC specifications and part 178 of
this subchapter in effect at the time of manufacture or CRC, BTC, CTC
or TC specification, and requalified and marked as prescribed in
subpart C in part 180 of this subchapter, if applicable. The DOT, ICC,
CRC, BTC, CTC and TC specifications authorized for use are as follows:
Packagings \1\
2P 4AA480
2Q 4B
ICC-3 \2\ 4B240ET
3A 4BA
3AA 4BW
3AL 4D
3AX 4DA
3A480X 4DS
3AAX 4E
3B 4L
3BN 8
3E 8AL
3HT 39
3T ............................
\1\ Authorized CRC, BTC, CTC or TC specification cylinders that
correspond with a DOT specification cylinder are listed in Sec.
171.12(a)(4)(iii) of this subchapter.
\2\ Use of existing cylinders is authorized. New construction is not
authorized.
[[Page 15891]]
(2) A cylinder must be filled in accordance with this part, except
that a ``TC'' cylinder must be filled in accordance with the Transport
Canada TDG Regulations (IBR; see Sec. 171.7 of this subchapter).
Before each filling of a cylinder, the person filling the cylinder must
visually inspect the outside of the cylinder. A cylinder that has a
crack or leak, is bulged, has a defective valve or a leaking or
defective pressure relief device, or bears evidence of physical abuse,
fire or heat damage, or detrimental rusting or corrosion, may not be
filled and offered for transportation. A cylinder may be repaired and
requalified only as prescribed in subpart C of part 180 of this
subchapter.
* * * * *
0
36. In Sec. 173.301b, paragraphs (a)(2), (c)(1), and (g) are revised
to read as follows:
Sec. 173.301b Additional general requirements for shipment of UN
pressure receptacles.
(a) * * *
(2) The gases or gas mixtures must be compatible with the UN
pressure receptacle and valve materials as prescribed for metallic
materials in ISO 11114-1:2012(E) (IBR, see Sec. 171.7 of this
subchapter) and for non-metallic materials in ISO 11114-2:2013(E) (IBR,
see Sec. 171.7 of this subchapter).
* * * * *
(c) * * *
(1) When the use of a valve is prescribed, the valve must conform
to the requirements in ISO 10297:2014(E) (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2020, the manufacture of a valve
conforming to the requirements in ISO 10297:2006(E) is authorized.
Until December 31, 2008, the manufacture of a valve conforming to the
requirements in ISO 10297:1999(E) (IBR, see Sec. 171.7 of this
subchapter) is authorized.
* * * * *
(g) Composite cylinders in underwater use. A composite cylinder
certified to ISO-11119-2 or ISO-11119-3 may not be used for underwater
applications unless the cylinder is manufactured in accordance with the
requirements for underwater use and is marked ``UW'' as prescribed in
Sec. 178.71(q)(18) of this subchapter.
0
37. In Sec. 173.303, paragraph (f)(1) is revised to read as follows:
Sec. 173.303 Charging of cylinders with compressed gas in a solution
(acetylene).
* * * * *
(f) * * *
(1) UN cylinders and bundles of cylinders are authorized for the
transport of acetylene gas as specified in this section.
(i) Each UN acetylene cylinder must conform to ISO 3807:2013[euro]:
(IBR, see Sec. 171.7 of this subchapter), have a homogeneous
monolithic porous mass filler and be charged with acetone or a suitable
solvent as specified in the standard. UN acetylene cylinders must have
a minimum test pressure of 52 bar and may be filled up to the pressure
limits specified in ISO 3807:2013(E). The use of UN tubes and MEGCs is
not authorized.
(ii) Until December 31, 2020, cylinders conforming to the
requirements in ISO 3807-2(E) (IBR, see Sec. 171.7 of this
subchapter), having a homogeneous monolithic porous mass filler and
charged with acetone or a suitable solvent as specified in the standard
are authorized. UN acetylene cylinders must have a minimum test
pressure of 52 bar and may be filled up to the pressure limits
specified in ISO 3807-2(E).
* * * * *
0
38. In 173.304b, paragraph (b)(5) is added to read as follows:
Sec. 173.304b Additional requirements for shipment of liquefied
compressed gases in UN pressure receptacles.
* * * * *
(b) * * *
(5) For liquefied gases charged with compressed gases, both
components--the liquid phase and the compressed--have to be taken into
consideration in the calculation of the internal pressure in the
pressure receptacle. The maximum mass of contents per liter of water
capacity shall not exceed 95 percent of the density of the liquid phase
at 50 [deg]C (122[emsp14][deg]F); in addition, the liquid phase shall
not completely fill the pressure receptacle at any temperature up to 60
[deg]C (140[emsp14][deg]F). When filled, the internal pressure at 65
[deg]C (149[emsp14][deg]F) shall not exceed the test pressure of the
pressure receptacles. The vapor pressures and volumetric expansions of
all substances in the pressure receptacles shall be considered. The
maximum filling limits may be determined using the procedure in (3)(e)
of P200 of the UN Recommendations.
* * * * *
0
39. Section 173.310 is revised to read as follows:
Sec. 173.310 Exceptions for radiation detectors.
Radiation detectors, radiation sensors, electron tube devices, or
ionization chambers, herein referred to as ``radiation detectors,''
that contain only Division 2.2 gases in non-refillable cylinders, are
excepted from the specification packaging in this subchapter and,
except when transported by air, from labeling and placarding
requirements of this subchapter when designed, packaged, and
transported as follows:
(a) Radiation detectors must be single-trip, hermetically sealed,
welded metal inside containers that will not fragment upon impact.
(b) Radiation detectors must not have a design pressure exceeding
5.00 MPa (725 psig) and a capacity exceeding 405 fluid ounces (731
cubic inches). They must be designed and fabricated with a burst
pressure of not less than three times the design pressure if the
radiation detector is equipped with a pressure relief device, and not
less than four times the design pressure if the detector is not
equipped with a pressure relief device.
(c) Radiation detectors must be shipped in a strong outer packaging
capable of withstanding a drop test of at least 1.2 meters (4 feet)
without breakage of the radiation detector or rupture of the outer
packaging. If the radiation detector is shipped as part of other
equipment, the equipment must be packaged in strong outer packaging or
the equipment itself must provide an equivalent level of protection.
(d) Emergency response information accompanying each shipment and
available from each emergency response telephone number for radiation
detectors must identify those receptacles that are not fitted with a
pressure relief device and provide appropriate guidance for exposure to
fire.
(e) Except as provided paragraph (f) of this section, transport in
accordance with this section must be noted on the shipping paper.
(f) Radiation detectors, including detectors in radiation detection
systems, are not subject to any other requirements of this subchapter,
including shipping papers, if the detectors meet the requirements in
paragraphs (a) through (d) of this section and the capacity of detector
receptacles does not exceed 50 ml (1.7 oz.).
0
40. In Sec. 173.335, paragraph (a) is revised to read as follows:
Sec. 173.335 Chemical under pressure n.o.s.
(a) General requirements. A cylinder filled with a chemical under
pressure must be offered for transportation in accordance with the
requirements of this section and Sec. 172.301 of this subchapter. In
addition, a DOT specification cylinder must meet the requirements in
Sec. Sec. 173.301a, 173.302, 173.302a, and 173.305, as applicable.
[[Page 15892]]
UN pressure receptacles must meet the requirements in Sec. Sec.
173.301b, 173.302b, and 173.304b, as applicable. Where more than one
section applies to a cylinder, the most restrictive requirements must
be followed.
* * * * *
PART 175--CARRIAGE BY AIRCRAFT
0
41. The authority citation for part 175 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.
0
42. In Sec. 175.10, revise paragraph (a)(7) to read as follows:
Sec. 175.10 Exceptions for passengers, crewmembers, and air
operators.
(a) * * *
(7) A small medical or clinical mercury thermometer for personal
use, when carried in a protective case in checked baggage.
* * * * *
0
43. Section 175.25 is revised to read as follows:
Sec. 175.25 Passenger notification system.
(a) General. Each person who engages in for hire air transportation
of passengers must effectively inform passengers about hazardous
materials that passengers are forbidden to transport on aircraft and
must accomplish this through the development, implementation, and
maintenance of a passenger notification system.
(b) Passenger notification system requirements. The passenger
notification system required by paragraph (a) of this section must
ensure that:
(1) A passenger is presented with information required under
paragraph (a) of this section at the point of ticket purchase or, if
this is not practical, in another way prior to boarding pass issuance;
(2) A passenger is presented with information required under
paragraph (a) of this section at the point of boarding pass issuance
(i.e. check-in), or when no boarding pass is issued, prior to boarding
the aircraft;
(3) A passenger, where the ticket purchase and/or boarding pass
issuance can be completed by a passenger without the involvement of
another person, acknowledges that they have been presented with the
information required under paragraph (a) of this section; and
(4) A passenger is presented with information required under
paragraph (a) of this section at each of the places at an airport where
tickets are issued, boarding passes are issued, passenger baggage is
dropped off, aircraft boarding areas are maintained, and at any other
location where boarding passes are issued and/or checked baggage is
accepted. This information must include visual examples of forbidden
hazardous materials.
(c) Aircraft operator manual requirements. For certificate holders
under 14 CFR parts 121 and 135, procedures and information necessary to
allow personnel to implement and maintain the passenger notification
system required in paragraphs (a) and (b) of this section must be
described in an operations manual and/or other appropriate manuals in
accordance with 14 CFR part 121 or 135.
0
44. In Sec. 175.33, revise paragraph (a)(3) to read as follows:
Sec. 175.33 Shipping paper and notification of pilot-in-command.
(a) * * *
(3) The net quantity or gross weight, as applicable, for each
package except those containing Class 7 (radioactive) materials. For a
shipment consisting of multiple packages containing hazardous materials
bearing the same proper shipping name and identification number, only
the total quantity and an indication of the quantity of the largest and
smallest package at each loading location need to be provided. For
consumer commodities, the information provided may be either the gross
mass of each package or the average gross mass of the packages as shown
on the shipping paper;
* * * * *
0
45. In Sec. 175.75:
0
a. Paragraphs (c) and (e)(1) are revised; and
0
b. In paragraph (f), in the QUANTITY AND LOADING TABLE, in Note 1,
paragraph f. is added.
The revisions and addition read as follows:
Sec. 175.75 Quantity limitations and cargo location.
* * * * *
(c) For each package containing a hazardous material acceptable for
carriage aboard passenger-carrying aircraft, no more than 25 kg (55
pounds) net weight of hazardous material may be loaded in an
inaccessible manner. In addition to the 25 kg limitation, an additional
75 kg (165 pounds) net weight of Division 2.2 (non-flammable compressed
gas) may be loaded in an inaccessible manner. The requirements of this
paragraph (c) do not apply to Class 9, articles of Identification
Numbers UN0012, UN0014, or UN0055 also meeting the requirements of
Sec. 173.63(b) of this subchapter, articles of Identification Numbers
UN3528 or UN3529, and Limited or Excepted Quantity material.
* * * * *
(e) * * *
(1) Class 3, PG III (unless the substance is also labeled
CORROSIVE), Class 6.1 (unless the substance is also labeled for any
hazard class or division except FLAMMABLE LIQUID), Division 6.2, Class
7 (unless the hazardous material meets the definition of another hazard
class), Class 9, articles of Identification Numbers UN0012, UN0014, or
UN0055 also meeting the requirements of Sec. 173.63(b) of this
subchapter, articles of Identification Numbers UN3528 or UN3529, and
those marked as a Limited Quantity or Excepted Quantity material.
* * * * *
(f) * * *
Note 1: * * *
f. Articles of Identification Numbers UN3528 or UN3529.
* * * * *
0
46. Section 175.900 is revised to read as follows:
Sec. 175.900 Handling requirements for carbon dioxide, solid (dry
ice).
Carbon dioxide, solid (dry ice) when shipped by itself or when used
as a refrigerant for other commodities, may be carried only if the
operator has made suitable arrangements based on the aircraft type, the
aircraft ventilation rates, the method of packing and stowing, whether
animals will be carried on the same flight and other factors. The
operator must ensure that the ground staff is informed that the dry ice
is being loaded or is on board the aircraft. For arrangements between
the shipper and operator, see Sec. 173.217 of this subchapter. Where
dry ice is contained in a unit load device (ULD) prepared by a single
shipper in accordance with Sec. 173.217 of this subchapter and the
operator after the acceptance adds additional dry ice, the operator
must ensure that the information provided to the pilot-in-command and
the marking on the ULD when used as a packaging reflects that revised
quantity of dry ice.
PART 176--CARRIAGE BY VESSEL
0
47. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
48. In Sec. 176.83, paragraph (a)(4)(ii) is revised to read as
follows:
Sec. 176.83 Segregation.
(a) * * *
[[Page 15893]]
(4) * * *
(ii) Between hazardous materials of different classes which
comprise a group of substances that do not react dangerously with each
other. The following materials are grouped by compatibility:
(A) Hydrogen peroxide, aqueous solutions with not less than 8
percent but less than 20 percent hydrogen peroxide (stabilized as
necessary); Hydrogen peroxide, aqueous solutions with not less than 20
percent but not more than 40 percent hydrogen peroxide; Hydrogen
peroxide, aqueous solutions with more than 40 percent but not more than
60 percent hydrogen peroxide; Hydrogen peroxide and peroxyacetic acid
mixtures, stabilized with acids, water and not more than 5 percent
peroxyacetic acid; Organic peroxide type D, liquid; Organic peroxide
type E, liquid; Organic peroxide type F, liquid;
(B) Dichlorosilane, Silicon tetrachloride, and Trichlorosilane; and
(C) Organometallic substance, solid, pyrophoric; Organometallic
substance, liquid, pyrophoric; Organometallic substance, solid,
pyrophoric, water-reactive; Organometallic substance, liquid,
pyrophoric, water-reactive; Organometallic substance, solid, water-
reactive; Organometallic substance, solid, water-reactive, flammable;
Organometallic substance, solid, water-reactive, self-heating;
Organometallic substance, liquid, water-reactive; Organometallic
substance, liquid, water-reactive, flammable; and Organometallic
substance, solid, self-heating.
* * * * *
0
49. In Sec. 176.84(b), table provisions 149 and 150 are added in
numerical order to read as follows:
Sec. 176.84 Other requirements for stowage, cargo handling, and
segregation for cargo vessels and passenger vessels.
(b) * * *
------------------------------------------------------------------------
Code Provisions
------------------------------------------------------------------------
* * * * * * *
149............................... For engines or machinery containing
fuels with flash point equal or
greater than 23 [deg]C (73.4
[deg]F) , stowage Category A.
150............................... For uranium metal pyrophoric and
thorium metal pyrophoric stowage,
category D applies.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
50. Section 176.905 is revised to read as follows:
Sec. 176.905 Stowage of vehicles.
(a) A vehicle powered by an internal combustion engine, a fuel
cell, batteries or a combination thereof is subject to the following
requirements when carried as cargo on a vessel:
(1) Before being loaded on a vessel, each vehicle must be inspected
for signs of leakage from batteries, engines, fuel cells, compressed
gas cylinders or accumulators, or fuel tank(s) when applicable, and any
identifiable faults in the electrical system that could result in short
circuit or other unintended electrical source of ignition. A vehicle
showing any signs of leakage or electrical fault may not be
transported.
(2) For flammable liquid powered vehicles, the fuel tank(s)
containing the flammable liquid, may not be more than one fourth full
and the flammable liquid must not exceed 250 L (66 gal) unless
otherwise approved by the Associate Administrator.
(3) For flammable gas powered vehicles, the fuel shut-off valve of
the fuel tank(s) must be securely closed.
(4) For vehicles with batteries installed, the batteries shall be
protected from damage, short circuit, and accidental activation during
transport. Except for vehicles with prototype or low production lithium
batteries (see Sec. 173.185(d) of this subchapter) securely installed,
each lithium battery must be of a type that has successfully passed
each test in the UN Manual of Tests and Criteria (IBR, see Sec. 171.7
of this subchapter), as specified in Sec. 173.185(a) of this
subchapter, unless approved by the Associate Administrator. Where a
lithium battery installed in a vehicle is damaged or defective, the
battery must be removed and transported according to Sec. 173.185(f)
of this subchapter, unless otherwise approved by the Associate
Administrator.
(5) Whenever possible, each vehicle must be stowed to allow for its
inspection during transportation.
(6) Vehicles may be refueled when necessary in the hold of a vessel
in accordance with Sec. 176.78.
(b) All equipment used for handling vehicles must be designed so
that the fuel tank and the fuel system of the vehicle are protected
from stress that might cause rupture or other damage incident to
handling.
(c) Two hand-held, portable, dry chemical fire extinguishers of at
least 4.5 kg (10 pounds) capacity each must be separately located in an
accessible location in each hold or compartment in which any vehicle is
stowed.
(d) ``NO SMOKING'' signs must be conspicuously posted at each
access opening to the hold or compartment.
(e) Each portable electrical light, including a flashlight, used in
the stowage area must be an approved, explosion-proof type. All
electrical connections for any light must be made to outlets outside
the space in which any vehicle is stowed.
(f) Each hold or compartment must be ventilated and fitted with an
overhead water sprinkler system or fixed fire extinguisher system.
(g) Each hold or compartment must be equipped with a smoke or fire
detection system capable of alerting personnel on the bridge.
(h) All electrical equipment in the hold or compartment other than
fixed explosion-proof lighting must be disconnected from its power
source at a location outside the hold or compartment during the
handling and transportation of any vehicle. Where the disconnecting
means is a switch or circuit breaker, it must be locked in the open
position until all vehicles have been removed.
(i) Exceptions. A vehicle is not subject to the requirements of
this subchapter if any of the following are met:
(1) The vehicle is stowed in a hold or compartment designated by
the administration of the country in which the vessel is registered as
specially designed and approved for vehicles and there are no signs of
leakage from the battery, engine, fuel cell, compressed gas cylinder or
accumulator, or fuel tank, as appropriate. For vehicles with batteries
connected and fuel tanks containing gasoline transported by U.S.
vessels, see 46 CFR 70.10-1 and 90.10-38;
(i) For vehicles powered solely by lithium batteries and hybrid
electric vehicles powered by both an internal combustion engine and
lithium metal or
[[Page 15894]]
ion batteries offered in accordance with this paragraph, the lithium
batteries, except for prototype or those produced in low production,
must be of a type that has successfully passed each test in the UN
Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter),
as specified in Sec. 173.185(a) of this subchapter. Where a lithium
battery installed in a vehicle is damaged or defective, the battery
must be removed.
(ii) [Reserved]
(2) The vehicle is powered by a flammable liquid that has a
flashpoint of 38 [deg]C (100[emsp14][deg]F) or above, the fuel tank
contains 450 L (119 gallons) of fuel or less, there are no leaks in any
portion of the fuel system, and installed batteries are protected from
short circuit;
(3) The vehicle is powered by a flammable liquid fuel that has a
flashpoint less than 38 [deg]C (100[emsp14][deg]F), the fuel tank is
empty, and installed batteries are protected from short circuit.
Vehicles are considered to be empty of flammable liquid fuel when the
fuel tank has been drained and the vehicles cannot be operated due to a
lack of fuel. Engine components such as fuel lines, fuel filters and
injectors do not need to be cleaned, drained or purged to be considered
empty. The fuel tank does not need to be cleaned or purged;
(4) The vehicle is powered by a flammable gas (liquefied or
compressed), the fuel tanks are empty and the positive pressure in the
tank does not exceed 2 bar (29 psig), the fuel shut-off or isolation
valve is closed and secured, and installed batteries are protected from
short circuit;
(5) The vehicle is solely powered by a wet or dry electric storage
battery or a sodium battery, and the battery is protected from short
circuit; or
(6) The vehicle is powered by a fuel cell engine, the engine is
protected from inadvertent operation by closing fuel supply lines or by
other means, and the fuel supply reservoir has been drained and sealed.
(j) Except as provided in Sec. 173.220(f) of this subchapter, the
provisions of this subchapter do not apply to items of equipment such
as fire extinguishers, compressed gas accumulators, airbag inflators
and the like which are installed in the vehicle if they are necessary
for the operation of the vehicle, or for the safety of its operator or
passengers.
0
51. Section 176.906 is added to read as follows:
Sec. 176.906 Stowage of engines and machinery.
(a) Any engine or machinery powered by internal combustion systems,
with or without batteries installed, is subject to the following
requirements when carried as cargo on a vessel:
(1) Before being loaded on a vessel, each engine or machinery must
be inspected for fuel leaks and identifiable faults in the electrical
system that could result in short circuit or other unintended
electrical source of ignition. Engines or machinery showing any signs
of leakage or electrical fault may not be transported.
(2) The fuel tanks of an engine or machinery powered by liquid fuel
may not be more than one-fourth full.
(3) Whenever possible, each engine or machinery must be stowed to
allow for its inspection during transportation.
(b) All equipment used for handling engines or machinery must be
designed so that the fuel tank and the fuel system of the engines or
machinery are protected from stress that might cause rupture or other
damage incident to handling.
(c) Two hand-held, portable, dry chemical fire extinguishers of at
least 4.5 kg (10 pounds) capacity each must be separately located in an
accessible location in each hold or compartment in which engine or
machinery is stowed.
(d) ``NO SMOKING'' signs must be conspicuously posted at each
access opening to the hold or compartment.
(e) Each portable electrical light, including a flashlight, used in
the stowage area must be an approved, explosion-proof type. All
electrical connections for any light must be made to outlets outside
the space in which any engine or machinery is stowed.
(f) Each hold or compartment must be ventilated and fitted with an
overhead water sprinkler system or fixed fire extinguisher system.
(g) Each hold or compartment must be equipped with a smoke or fire
detection system capable of alerting personnel on the bridge.
(h) All electrical equipment in the hold or compartment other than
fixed explosion-proof lighting must be disconnected from its power
source at a location outside the hold or compartment during the
handling and transportation of any engine or machinery. Where the
disconnecting means is a switch or circuit breaker, it must be locked
in the open position until all engines or machinery has been removed.
(i) Exceptions. (1) An engine or machinery is not subject to the
requirements of this subchapter if the engine or machinery is empty of
liquid or gaseous fuel(s), does not contain other dangerous goods, and
installed batteries are protected from short circuit. An engine and
machinery is considered to be empty of fuel when:
(i) For liquid fuels, the liquid fuel tank has been drained and the
mechanical equipment cannot be operated due to a lack of fuel. Engine
and machinery components such as fuel lines, fuel filters and injectors
do not need to be cleaned, drained or purged to be considered empty of
liquid fuels. In addition, the liquid fuel tank does not need to be
cleaned or purged;
(ii) For gaseous fuels, the gaseous fuel tanks are empty of liquid
(for liquefied gases), the positive pressure in the tanks does not
exceed 2 bar (29 psig) and the fuel shut-off or isolation valve is
closed and secured; or
(iii) The engine or machinery is powered by a fuel cell engine and
the engine is protected from inadvertent operation by closing fuel
supply lines or by other means, and the fuel supply reservoir has been
drained and sealed.
(2) An engine or machinery is not subject to the requirements of
this subchapter except for Sec. 173.185 of this subchapter and the
vessel stowage provisions of column (10) of table Sec. 172.101 of this
subchapter, if the following are met:
(i) Any valves or openings (e.g. venting devices) for liquid fuels
must be closed during transport;
(ii) The engines or machinery must be oriented to prevent
inadvertent leakage of dangerous goods and secured by means capable of
restraining the engines or machinery to prevent any movement during
transport which would change the orientation or cause them to be
damaged;
(iii) For UN 3528 and UN 3530:
(A) Where the engine or machinery contains more than 60 L (16 Gal)
of liquid fuel and has a capacity of not more than 450 L (119 Gal), it
shall be labeled in accordance with subpart E of part 172 of this
subchapter;
(B) Where the engine or machinery contains more than 60 L of liquid
fuel and has a capacity of more than 450 L (119 Gal) but not more than
3,000 L (793 Gal), it shall be labeled on two opposing sides in
accordance with Sec. 172.406(e) of this subchapter;
(C) Where the engine or machinery contains more than 60 L (16 Gal)
of liquid fuel and has a capacity of more than 3,000 L (793 Gal), it
shall be placarded on two opposing sides in accordance with subpart F
of part 172 of this subchapter; and
(D) For UN 3530 the marking requirements of Sec. 172.322 of this
subchapter also apply.
(iv) For UN 3529:
(A) Where the fuel tank of the engine or mechanical equipment has a
water
[[Page 15895]]
capacity of not more than 450 L (119 Gal), the labeling requirements of
subpart E of part 172 of this subchapter shall apply;
(B) Where the fuel tank of the mechanical equipment has a water
capacity of more than 450 L (119 Gal) but not more than 1,000 L (264
Gal), it shall be labeled on two opposing sides in accordance with
Sec. 172.406(e) of this subchapter;
(C) Where the fuel tank of the mechanical equipment has a water
capacity of more than 1,000 L (264 Gal), it shall be placarded on two
opposing sides in accordance with subpart F of part 172 of this
subchapter.
(v) Except for engines or machinery offered in accordance with
paragraph (i)(1) of this section, a shipping paper prepared in
accordance with part 172 of this subchapter is required and shall
contain the following additional statement ``Transport in accordance
with Sec. 176.906.'' For transportation in accordance with the IMDG
Code (IBR, see Sec. 171.7 of this subchapter) the following
alternative statement is authorized ``Transport in accordance with IMDG
Code special provision 363.''
(j) Except as provided in Sec. 173.220(f) of this subchapter, the
provisions of this subchapter do not apply to items of equipment such
as fire extinguishers, compressed gas accumulators, airbag inflators
and the like which are installed in the engine or machinery if they are
necessary for the operation of the engine or machinery, or for the
safety of its operator or passengers.
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
52. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
53. In Sec. 178.71:
0
a. Revise paragraph (d)(2);
0
b. Add paragraph (g)(4);
0
c. Revise paragraphs (h), (k)(2), (l), and (o)(2);
0
d. Add paragraphs (q)(20) and (21); and
0
e. Revise paragraph (r).
The revisions and additions read as follows:
Sec. 178.71 Specifications for UN pressure receptacles.
* * * * *
(d) * * *
(2) Service equipment must be configured or designed to prevent
damage that could result in the release of the pressure receptacle
contents during normal conditions of handling and transport. Manifold
piping leading to shut-off valves must be sufficiently flexible to
protect the valves and the piping from shearing or releasing the
pressure receptacle contents. The filling and discharge valves and any
protective caps must be secured against unintended opening. The valves
must conform to ISO 10297:2014(E) or ISO 13340:2001(E) (IBR, see Sec.
171.7 of this subchapter) for non-refillable pressure receptacles, and
be protected as specified in Sec. 173.301b(f) of this subchapter.
Until December 31, 2020, the manufacture of a valve conforming to the
requirements in ISO 10297:2006(E) (IBR, see Sec. 171.7 of this
subchapter) is authorized. Until December 31, 2008, the manufacture of
a valve conforming to the requirements in ISO 10297:1999(E) (IBR, see
Sec. 171.7 of this subchapter) is authorized.
* * * * *
(g) * * *
(4) ISO 9809-4:2014(E) (IBR, see Sec. 171.7 of this subchapter).
(h) Design and construction requirements for UN refillable seamless
aluminum alloy cylinders. In addition to the general requirements of
this section, UN refillable seamless aluminum cylinders must conform to
ISO 7866:2012(E) as modified by ISO 7866:2012/Cor.1:2014(E) (IBR, see
Sec. 171.7 of this subchapter). Until December 31, 2020, the
manufacture of a cylinder conforming to the requirements in ISO 7866(E)
(IBR, see Sec. 171.7 of this subchapter) is authorized. The use of
Aluminum alloy 6351-T6 or equivalent is prohibited.
* * * * *
(k) * * *
(2) The porous mass in an acetylene cylinder must conform to ISO
3807:2013(E) (IBR, see Sec. 171.7 of this subchapter). Until December
31, 2020, the manufacture of a cylinder conforming to the requirements
in ISO 3807-2(E) (IBR, see Sec. 171.7 of this subchapter) is
authorized.
(l) Design and construction requirements for UN composite cylinders
and tubes. (1) In addition to the general requirements of this section,
UN composite cylinders and tubes must be designed for a design life of
not less than 15 years. Composite cylinders and tubes with a design
life longer than 15 years must not be filled after 15 years from the
date of manufacture, unless the design has successfully passed a
service life test program. The service life test program must be part
of the initial design type approval and must specify inspections and
tests to demonstrate that cylinders manufactured accordingly remain
safe to the end of their design life. The service life test program and
the results must be approved by the competent authority of the country
of approval that is responsible for the initial approval of the
cylinder design. The service life of a composite cylinder or tube must
not be extended beyond its initial approved design life. Additionally,
composite cylinders and tubes must conform to the following ISO
standards, as applicable:
(i) ISO 11119-1:2012(E) (IBR, see Sec. 171.7 of this subchapter).
Until December 31, 2020, cylinders conforming to the requirements in
ISO 11119-1(E), (IBR, see Sec. 171.7 of this subchapter) are
authorized.
(ii) ISO 11119-2:2012(E) (ISO 11119-2:2012/Amd.1:2014(E)) (IBR, see
Sec. 171.7 of this subchapter). Until December 31, 2020, cylinders
conforming to the requirements in ISO 11119-2(E) (IBR, see Sec. 171.7
of this subchapter) are authorized.
(iii) ISO 11119-3:2013(E) (IBR, see Sec. 171.7 of this
subchapter). Until December 31, 2020, cylinders conforming to the
requirements in ISO 11119-3(E) (IBR, see Sec. 171.7 of this
subchapter) are authorized.
(2) ISO 11119-2 and ISO 11119-3 gas cylinders of composite
construction manufactured in accordance with the requirements for
underwater use must bear the ``UW'' mark.
* * * * *
(o) * * *
(2) ISO 11114-2:2013(E) (IBR, see Sec. 171.7 of this subchapter).
* * * * *
(q) * * *
(20) For composite cylinders and tubes having a limited design
life, the letters ``FINAL'' followed by the design life shown as the
year (four digits) followed by the month (two digits) separated by a
slash (i.e. ``/'').
(21) For composite cylinders and tubes having a limited design life
greater than 15 years and for composite cylinders and tubes having non-
limited design life, the letters ``SERVICE'' followed by the date 15
years from the date of manufacture (initial inspection) shown as the
year (four digits) followed by the month (two digits) separated by a
slash (i.e. ``/'').
(r) Marking sequence. The marking required by paragraph (q) of this
section must be placed in three groups as shown in the example below:
(1) The top grouping contains manufacturing marks and must appear
consecutively in the sequence given in paragraphs (q)(13) through (19)
of this section.
(2) The middle grouping contains operational marks described in
paragraphs (q)(6) through (11) of this section.
[[Page 15896]]
(3) The bottom grouping contains certification marks and must
appear consecutively in the sequence given in paragraphs (q)(1) through
(5) of this section.
[GRAPHIC] [TIFF OMITTED] TR30MR17.035
* * * * *
0
54. In Sec. 178.75, paragraph (d)(3)(iv) is redesignated as (d)(3)(v)
and paragraph (d)(3)(iv) is added to read as follows:
Sec. 178.75 Specifications for MEGCs.
* * * * *
(d) * * *
(3) * * *
(iv) ISO 9809-4:2014(E) Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 4: Stainless
steel cylinders with an Rm value of less than 1 100 MPa (IBR, see Sec.
171.7 of this subchapter).
* * * * *
0
55. In Sec. 178.1015, paragraph (f) is revised to read as follows:
Sec. 178.1015 General Flexible Bulk Container standards.
* * * * *
(f) A venting device must be fitted to Flexible Bulk Containers
intended to transport hazardous materials that may develop dangerous
accumulation of gases within the Flexible Bulk Container. Any venting
device must be designed so that external foreign substances or the
ingress of water are prevented from entering the Flexible Bulk
Container through the venting device under conditions normally incident
to transportation.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
56. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
57. In Sec. 180.205, paragraph (c) is revised to read as follows:
Sec. 180.205 General requirements for requalification of
specification cylinders.
* * * * *
(c) Periodic requalification of cylinders. Each cylinder bearing a
DOT, CRC, BTC, or CTC specification marking must be requalified and
marked as specified in the Requalification Table in this subpart or
requalified and marked by a facility registered by Transport Canada in
accordance with the Transport Canada TDG Regulations (IBR, see Sec.
171.7 of this subchapter). Each cylinder bearing both a TC
specification marking and also marked with a corresponding DOT
specification marking must be requalified and marked as specified in
the Requalification Table in this subpart or requalified and marked by
a facility registered by Transport Canada in accordance with the
Transport Canada TDG Regulations (IBR, see Sec. 171.7 of this
subchapter). Each cylinder bearing a DOT special permit number must be
requalified and marked in conformance with this section and the terms
of the applicable special permit. Each cylinder bearing only a TC mark
must be requalified and marked as specified in the Transport Canada TDG
Regulations (IBR, see Sec. 171.7 of this subchapter), except that
registration with Transport Canada is not required and cylinders must
be marked with the requalifiers DOT issued requalifier identification
number. No cylinder may be filled with a hazardous material and offered
for transportation in commerce unless that cylinder has been
successfully requalified and marked in accordance with this subpart. A
cylinder may be requalified at any time during or before the month and
year that the requalification is due. However, a cylinder filled before
the requalification becomes due may remain in service until it is
emptied. A cylinder with a specified service life may not be refilled
and offered for transportation after its authorized service life has
expired.
(1) Each cylinder that is requalified in accordance with the
requirements specified in this section must be marked
[[Page 15897]]
in accordance with Sec. 180.213 or the requirements of the Transport
Canada TDG Regulations, or in the case of a TC cylinder requalified in
the United States by a DOT RIN holder, in accordance with the
requirements of the Transport Canada TDG Regulations except that
registration with Transport Canada is not required and cylinders must
be marked with the requalifiers DOT issued requalifier identification
number.
(2) Each cylinder that fails requalification must be:
(i) Rejected and may be repaired or rebuilt in accordance with
Sec. 180.211 or Sec. 180.212, as appropriate; or
(ii) Condemned in accordance with paragraph (i) of this section.
(3) For DOT specification cylinders, the marked service pressure
may be changed upon approval of the Associate Administrator and in
accordance with written procedures specified in the approval.
(4) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AAX, 3B, 3BN, or 3T
cylinder filled with gases in other than Division 2.2, from the first
requalification due on or after December 31, 2003, the burst pressure
of a CG-1, CG-4, or CG-5 pressure relief device must be at test
pressure with a tolerance of plus zero to minus 10%. An additional 5%
tolerance is allowed when a combined rupture disc is placed inside a
holder. This requirement does not apply if a CG-2, CG-3 or CG-9
thermally activated relief device or a CG-7 reclosing pressure valve is
used on the cylinder.
* * * * *
0
58. In Sec. 180.207, paragraph (d)(3) is revised to read as follows:
Sec. 180.207 Requirements for requalification of UN pressure
receptacles.
* * * * *
(d) * * *
(3) Dissolved acetylene UN cylinders: Each dissolved acetylene
cylinder must be requalified in accordance with ISO 10462:2013(E) (IBR,
see Sec. 171.7 of this subchapter). Until December 31, 2018
requalification may be done in accordance with ISO 10462(E) (IBR, see
Sec. 171.7 of this subchapter). The porous mass and the shell must be
requalified no sooner than 3 years, 6 months, from the date of
manufacture. Thereafter, subsequent requalifications of the porous mass
and shell must be performed at least once every ten years.
* * * * *
0
59. In Sec. 180.211, paragraph (a) is revised and paragraph (g) is
added to read as follows:
Sec. 180.211 Repair, rebuilding and reheat treatment of DOT-4 series
specification cylinders.
(a) General requirements for repair and rebuilding. Any repair or
rebuilding of a DOT-4 series cylinder must be performed by a person
holding an approval as specified in Sec. 107.805 of this chapter or by
a registered facility in Canada in accordance with the Transport Canada
TDG Regulations (IBR, see Sec. 171.7 of this subchapter). A person
performing a rebuild function is considered a manufacturer subject to
the requirements of Sec. 178.2(a)(2) and subpart C of part 178 of this
subchapter. The person performing a repair, rebuild, or reheat
treatment must record the test results as specified in Sec. 180.215.
Each cylinder that is successfully repaired or rebuilt must be marked
in accordance with Sec. 180.213.
* * * * *
(g) Repair, rebuilding and reheat treatment in Canada. Repair,
rebuilding, or reheat treatment of a DOT-4 series specification
cylinder performed by a registered facility in Canada in accordance
with the Transport Canada TDG Regulations (IBR, see Sec. 171.7 of this
subchapter) is authorized.
0
60. In Sec. 180.212, paragraph (a)(1)(ii) is revised to read as
follows:
Sec. 180.212 Repair of seamless DOT 3-series specification cylinders
and seamless UN pressure receptacles.
(a) * * *
(1) * * *
(ii) Except as provided in paragraph (b) of this section, the
repair and the inspection is performed under the provisions of an
approval issued under subpart H of part 107 of this chapter or by a
facility registered by Transport Canada in accordance with the
Transport Canada TDG Regulations (IBR; see Sec. 171.7 of this
subchapter) and conform to the applicable cylinder specification or ISO
standard contained in part 178 of this subchapter.
* * * * *
0
61. In Sec. 180.413, paragraph (a)(1)(iii) is added and paragraph (b)
introductory text is revised to read as follows:
Sec. 180.413 Repair, modification, stretching, rebarrelling, or
mounting of specification cargo tanks.
(a) * * *
(1) * * *
(iii) A repair, as defined in Sec. 180.403, of a DOT specification
cargo tank used for the transportation of hazardous materials in the
United States may be performed by a facility in Canada in accordance
with the Transport Canada TDG Regulations (IBR, see Sec. 171.7 of this
subchapter) provided:
(A) The facility holds a valid Certificate of Authorization from a
provincial pressure vessel jurisdiction for repair;
(B) The facility is registered in accordance with the Transport
Canada TDG Regulations to repair the corresponding TC specification;
and
(C) All repairs are performed using the quality control procedures
used to obtain the Certificate of Authorization.
(b) Repair. The suitability of each repair affecting the structural
integrity or lading retention capability of the cargo tank must be
determined by the testing required either in the applicable
manufacturing specification or in Sec. 180.407(g)(1)(iv). Except for a
repair performed by a facility in Canada in accordance with paragraph
(a)(1)(iii) of this section, each repair of a cargo tank involving
welding on the shell or head must be certified by a Registered
Inspector. The following provisions apply to specific cargo tank
repairs:
* * * * *
0
62. In Sec. 180.605, paragraph (g)(1) is revised to read as follows:
Sec. 180.605 Requirements for periodic testing, inspection and repair
of portable tanks.
* * * * *
(g) * * *
(1) The shell is inspected for pitting, corrosion, or abrasions,
dents, distortions, defects in welds or any other conditions, including
leakage, that might render the portable tank unsafe for transportation.
The wall thickness must be verified by appropriate measurement if this
inspection indicates a reduction of wall thickness;
* * * * *
Issued in Washington, DC, on March 3, 2017 under authority
delegated in 49 CFR 1.97.
Howard W. McMillan,
Acting Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2017-04565 Filed 3-29-17; 8:45 am]
BILLING CODE 4910-60-P