Hazardous Materials: Harmonization with International Standards (RRR)

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations (HMR) with recent changes made to the International Maritime Dangerous Goods (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) and address a petition for rulemaking.

DATES:

Effective Date: January 1, 2013.

Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning January 1, 2013.

Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2014.

Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2013.

FOR FURTHER INFORMATION CONTACT:

Vincent Babich or Shane Kelley, International Standards, telephone (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

II. Background

III. Comment Discussion

IV. Section-by-Section Review

V. Regulatory Analyses and Notices

A. Statutory/Legal Authority for the Rulemaking

B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures

C. Executive Order 13132

D. Executive Order 13175

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

F. Paperwork Reduction Act

G. Regulatory Identifier Number (RIN)

H. Unfunded Mandates Reform Act

I. Environment Assessment

J. Privacy Act

K. Executive Order 13609 and International Trade Analysis

I. Executive Summary

In this final rule, PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to incorporate changes adopted in the IMDG Code, the ICAO Technical Instructions, and the UN Model Regulations, effective January 1, 2013. These changes ensure the domestic hazard classification, hazard communication and packaging requirements are consistent with those employed throughout the world.

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 encourages alignment of the HMR with international transport standards to the extent practicable while recognizing that deviations may at times be necessary to be consistent with the public interest (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. Harmonization has also become increasingly important as the volume of hazardous materials transported in international commerce grows. Safety is often enhanced by creating a uniform framework for compliance. PHMSA actively participates in relevant international standard-setting bodies and promotes the adoption of standards consistent with the high safety standards set by the HMR.

The foreign trade of chemicals is a large segment of the United States economy. In 2000, U.S. foreign trade in chemicals totaled $154 billion and generated a $6 billion positive trade balance. The consistency of regulations reduces regulatory compliance costs and helps to avoid costly frustrations of international shipments. PHMSA's continued leadership in maintaining consistency with international regulations enhances the hazardous materials safety program and assists in maintaining a favorable trade balance.

II. Background

PHMSA published a notice of proposed rulemaking (NPRM) under Docket HM-215L (77 FR 49167, August 15, 2012) to incorporate various amendments to harmonize the HMR with recent changes to the UN Model Regulations, the IMDG Code, and the ICAO Technical Instructions. 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 17th Revised Edition of the UN Model Regulations, Amendment 36-12 to the IMDG Code, and the 2013-2014 ICAO Technical Instructions, which become effective January 1, 2013 (The IMDG Code is effective January 1, 2013; however, the previous amendment may continue to be used until January 1, 2014). Notable amendments to the HMR in this final rule include the following:

• Update references to international regulations including the ICAO Technical Instructions, the International Convention for the Safety of Life at Sea, the IMDG Code, the UN Model Regulations, the UN Manual of Tests and Criteria the Canadian Transportation of Dangerous Goods Regulations and various technical standards.
• 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 from the Hazardous Materials Table (HMT).
• Adopt new HMT entries for chemical under pressure and specify acceptable bulk and non-bulk packagings, filling limits and appropriate segregation requirements.
• Adopt an exception for the transport of aircraft batteries aboard passenger aircraft in excess of the quantity limits specified in column 9A of the HMT.
• Revise the vessel stowage provisions in column 10 of the § 172.101 Hazardous Materials Table (HMT).
• Adopt minimum size requirements for the “UN” or “NA” markings specified in § 172.301.
• Adopt changes throughout Part 173 (packaging requirements) to: (1) authorize the use of wood as a material of package construction for certain explosives; (2) authorize the use of metals other than steel or aluminum for drums and boxes; and (3) where appropriate, permit the use of non-removable head drums in those instances where removable head drums are otherwise authorized.
• Adopt a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs).

III. Comment Discussion

In response to PHMSA's August 15, 2012 NPRM (77 FR 49167), PHMSA received comments from the following organizations and individuals:

• 3M Company (3M)
• Airline Pilots Association, International (ALPA)
• Caterpillar Inc. (Caterpillar)
• Chemically Speaking LLC (Chemically Speaking)
• Council on Safe Transport of Hazardous Articles (COSTHA)
• Dangerous Goods Advisory Council (DGAC)
• Dow Chemical Company (Dow)
• Fuel Cell & Hydrogen Energy Association (FCHEA)
• Healthcare Waste Institute (HWI)
• Horizon Lines (Horizon)
• International Vessel Operators Dangerous Goods Association (IVODGA)
• Jamie Lee Guzman
• Mercotac Inc.
• Nora
• Nucon International Inc. (Nucon)
• PRBA-The Rechargeable Battery Association (PRBA)
• Saft America (Saft)
• Sporting Arms and Ammunition Manufacturing Institute (SAAMI)
• Stericycle, Inc. (Stericycle)
• United Airlines (United)
• United Parcel Service (UPS)
• VaporLok Products, LLC (Vaporlok)
• Veolia ES Technical Solutions, L.L.C. (Veolia)

Below is a listing of major amendments to the international transportation regulations that we proposed for adoption into the HMR, a brief synopsis of the comments we received regarding those proposals and PHMSA's position regarding the comments. Additional comments are addressed in the section-by-section analysis section.

Incorporation by Reference

In the NPRM, PHMSA proposed to incorporate by reference the latest editions of various international transport standards including the 2013-2014 ICAO Technical Instructions, Amendment 36-12 of the IMDG Code, the 17th Revised Edition of the UN Model Regulations, and the Canadian Transportation of Dangerous Goods Regulations to include Amendments 8, 9, and 10. Finally, PHMSA proposed the incorporation by reference of new and updated standards published by the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC). PHMSA received general support from the commenters on the principle of harmonizing the U.S. regulations with international transport and technical standards. We did not receive any comments that opposed our proposals to incorporate these standards and will adopt them in this final rule.

Chemical Under Pressure

In the NPRM, PHMSA proposed to amend the HMT to include individual entries for chemical under pressure and incorporate other safety requirements including, but not limited to, quantity and filling limits and packaging and segregation requirements. PHMSA received one comment on this proposal from 3M in support of the proposals to add entries for chemical under pressure. 3M requested we authorize the use of non-refillable cylinders larger than 1.25 liters containing flammable gas consistent with the UN Model Regulations. PHMSA's intent regarding the chemical under pressure entry was to comprehensively align the requirements of this entry with international standards. In this final rule we are revising the packaging requirements for chemical under pressure to authorize the use of non-refillable cylinders larger than 1.25 liters for chemical under pressure.

Aircraft Batteries

In the NPRM, PHMSA proposed to revise the HMR to permit the transport of wet cell aircraft batteries and lithium ion aircraft batteries aboard passenger aircraft in excess of the quantity limited specified in column 9A of the HMR. PHMSA received comments from Saft and PRBA in support of these proposed amendments because these changes would further harmonize the HMR with the ICAO Technical Instructions. Both Saft and PRBA cite a requirement in the “FAA Modernization and Reform Act of 2012” (§ 828, Pub. L 112-95; 126 Stat. 133 (Feb 14, 2012)) (FAA Modernization and Reform Act of 2012) that states the Secretary of Transportation, including a designee of the Secretary, may not issue or enforce any regulation or other requirement regarding the transportation by aircraft of lithium metal cells or batteries or lithium ion cells or batteries, whether transported separately or packed with or contained in equipment, if the requirement is more stringent than the requirements of the ICAO Technical Instructions, and state that the NPRM proposal would be more restrictive than requirements in the ICAO Technical Instructions. The commenters noted that as proposed in the NPRM, the exception would only apply when an air carrier was transporting its own replacement items, whereas the 2013-2014 ICAO Technical Instructions does not impose this restriction. In this final rule PHMSA has revised this exception to ensure full alignment with the ICAO Technical Instructions and FAA Modernization and Reform Act of 2012 statutory requirements.

Vessel Stowage Requirements

In the NPRM, we proposed to revise the vessel stowage location requirements for explosives and reduce the number of explosive stowage categories from 15 to 5 in column (10A) of the HMT. IVODGA and SAAMI supported the proposed assignment of vessel stowage requirements for certain small arms cartridges consistent with the IMDG Code.

Size Requirements for “UN” or “NA” Markings

The HMR details the general marking requirements for non-bulk packages in § 172.301 including the proper shipping name, the “UN” or “NA” number technical names as applicable and the consignee or consignor's name and address. In the NPRM, we proposed to adopt minimum size requirements for the “UN” or “NA” markings and provide a one year transition period. This action was consistent with recent changes adopted in the UN Model Regulations, the IMDG Code and the ICAO Technical Instructions.

PHMSA received comments from the DGAC, Dow, HWI, Stericycle, and Veolia. DGAC and Dow requested an effective date of no earlier than January 1, 2017 for this requirement to allow for the depletion of finished products and labels and preprinted packaging stock. Veolia suggested the character size limit should only apply to international hazardous materials shipments. HWI and Stericycle note that the proposed change would impose an unnecessary economic burden since they employ reusable packaging permanently marked with the UN number or pre-printed shipping labels that may not meet proposed minimum size marking. In response to these comments, we will delay the effective date of this requirement until January 1, 2017 and permit packages permanently marked prior to this date to remain in use until the end of their useful life. This will minimize the economic impact of this requirement and provide a suitable period to permit the depletion of preprinted packages.

Flexible Bulk Containers

In the NPRM, PHMSA proposed to adopt a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs). The proposed FBC requirements are modeled after the FBC requirements adopted into the 17th revised edition of the UN model Regulations. IVODGA and DGAC support the introduction of FBCs and since we received no adverse comments to these proposals, we will adopt these requirements as proposed.

Amendments Proposed in the NPRM But Not Adopted in the Final Rule

In this section, PHMSA discusses changes not adopted in the final rule as a result of comments in response to the August 15, 2012 Notice of Proposed Rulemaking (NPRM).

Used Medical Devices

The UN Model Regulations have been amended to exempt medical devices or equipment potentially contaminated with or containing infectious substances which are drained of free liquids from all other requirements of the UN Model Regulations. In the August 15, 2012 NPRM, PHMSA proposed to amend § 173.134, “Class 6, Division 6.2-Definitions and Exceptions” to adopt additional exemptions for medical devices and equipment. PHMSA received one comment from COSTHA opposing our adoption of these changes to the HMR. COSTHA noted that the ICAO Dangerous Goods Panel (DGP) has reviewed and has chosen not to adopt the provisions for transportation by aircraft. COSTHA also noted that changes to the HMR before ICAO has adopted the change would lead to confusion and disharmony. COSTHA further noted that papers will be presented to both the UN and ICAO in an attempt to alter the current exceptions for used medical devices.

The HMR has long standing provisions for the transport of potentially contaminated medical devices, some tied to provisions in 29 CFR, concerning the domestic shipment of such goods. Pending further UN changes and consultation with the Centers for Disease Control, PHMSA will not adopt the proposed changes to § 173.134 in this final rule.

Fuel in Machinery

Prior to the publication of the 17th Revised Edition of the UN Model Regulations, the transport of large amounts of fuel in machinery was not specifically addressed in international transport regulations. In the most recent biennium of the UNSCOE, some experts expressed concerns about the transport of large amounts of fuel in machinery. This concern led the international community to adopt in the 17th Revised Edition of the UN Model Regulations a special provision associated with fuel-related Class 3 entries.

Special Provision 363, as adopted in the UN Model Regulations, requires an article that contains fuel in excess of the limited quantity authorized amount and is ineligible to be described as Dangerous Goods in Machinery or Apparatus, UN3363, to conform to several general provisions to avoid being subject to the remainder of the HMR. In the August 15, 2012 NPRM, PHMSA proposed the addition of SP 363 for transportation by vessel to various Class 3 fuels modeled on the corresponding special provision adopted in the UN Model Regulations. PHMSA received three comments (Caterpillar, DGAC, & IVODGA) concerning our proposed adoption of special provision 363.

Both DGAC and Caterpillar were opposed to PHMSA's adoption of special provision 363. Caterpillar stated that PHMSA's proposed addition of special provision 363 was not based on sufficient data demonstrating the revision would improve transport safety. Caterpillar also stated that the change would introduce conflicting requirements and regulatory uncertainty and would be excessively burdensome. DGAC stated that the adoption of special provision 363 would introduce conflicting requirements and regulatory uncertainty, and highlighted a proposal they will present to the UN to clarify special provision 363.

Caterpillar noted that the proposal in the August 15, 2012 NPRM does not demonstrate through data obtained via scientific methodology any connection between the proposed revision and enhanced reductions in risks to people and the environment for all affected shipments. Caterpillar and DGAC noted that the adoption of the changes proposed in the NPRM creates conflicting requirements under the HMR for shipments of generators and machinery.

Caterpillar also commented that proposed special provision 363 is excessively burdensome and would result in millions of dollars of expenditures for unnecessary transport related costs that would ultimately raise the consumer price of affected shipments.

IVODGA supported the adoption of special provision 363, stating concern that many fuel storage components within such machinery may not meet UN Performance Oriented Packaging or bulk tank specifications. IVODGA recommended PHMSA adopt special provision 363 as proposed to help prevent frustrated shipments at ports of discharge and loading in the United States.

PHMSA will not adopt special provision 363 in this final rule. This decision not to adopt special provision 363 is based on several factors. The first was a lack of concrete safety or incident data that indicated a need for increased regulation of domestic shipments of machinery and equipment containing fuel in amounts over the authorized limited quantity amount for that particular fuel. Also PHMSA believes that to adopt this special provision would require a review of existing requirements for UN3166, and possibly UN3366 that has yet to take place. PHMSA would like to note that even though we are not adopting special provision 363, shippers offering hazardous materials in accordance with Subpart C of Part 171 may utilize the IMDG Code, including special provision 363, if all or part of the movement is by vessel. PHMSA would also like to note that a shipper utilizing the IMDG Code to offer cargo to a vessel for transport must still comply with special provision 363 under the IMDG Code. PHMSA will likely revisit the need to incorporate special provision 363 after a determination is made at the UN on pending papers concerning the implementation of this special provision.

Requirements for Salvage Pressure Receptacles

The 17th Revised Edition of the UN Model Regulations adopted guidelines for Competent Authorities to use when issuing approvals for salvage pressure receptacles. These revisions are found in Chapter 1.2, 4.1, 5.4, and 6.2 of the UN Model Regulations. Specifically, these requirements address the packaging, hazard communication, and safe transport of salvage pressure receptacles, also known as salvage cylinders in the United States.

The HMR currently address the packaging, hazard communication, and safe transport of salvage cylinders in § 173.3(d) and do not require approval of the Associate Administrator to do so. Accordingly, PHMSA did not propose adopting this provision in the August 15, 2012, NPRM. During the comment period, PHMSA was alerted that Chemically Speaking has filed a petition (P-1596) that requests PHMSA amend the HMR to add Class 4 and Class 5 hazardous materials to the hazard classes authorized in salvage cylinders. While this petition has merit, we did not receive it in time to address in this rulemaking. We will consider this petition in a future rulemaking.

Additional Clarification on the Requirements for Lithium Batteries

On August 15, 2012, PHMSA published an NPRM associated with this rulemaking (RIN 2137-AE87, 77 FR 49168). In the NPRM, no specific amendments were proposed regarding the requirements for the air transportation and handling of lithium batteries. However, in that NPRM, PHMSA did propose the incorporation by reference of the 2013-2014 Edition of the ICAO Technical Instructions which covers the air transportation of lithium batteries. This final rule adopts that provision and will incorporate the 2013-2014 Edition of the ICAO Technical Instructions by reference. Upon adoption of this provision, for purposes of the HMR a shipment of lithium batteries would be permitted to be transported by air in accordance with the 2013-2014 Edition of the ICAO Technical Instructions (with the exception of primary lithium batteries and cells aboard passenger carrying aircraft and unapproved prototype lithium batteries and cells aboard passenger carrying aircraft) or the applicable requirements currently specified in the HMR (see §§ 171.24(d)(1)(ii), and 171.24(d)(1)(iii)). Incorporation by reference of the 2013-2014 Edition of the ICAO Technical Instructions will allow shippers and carriers to choose which method of compliance is appropriate to the specific shipment. This Final Rule (RIN 2137-AE87; PHMSA-2012-0027) does not have any bearing on regulatory decisions associated with Docket HM-224F, (RIN 2137-AE44; PHMSA-2009-0095). PHMSA is requesting additional comment on various issues related to the air transportation and handling of lithium batteries in a separate Notice, under the Docket for that rulemaking (RIN AE44; PHMSA-2009-0095).

IV. Section-By-Section Review

The following is a section-by-section review of the amendments adopted in this final rule:

Part 171

Section 171.7

Section 171.7 provides a listing of all standards incorporated by reference into 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 a well-established and documented safety history; their adoption will maintain the high safety standard currently achieved under the HMR. Therefore, we are adding and revising the incorporation by reference materials under the following organizations:

The International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2011-2012 Edition is revised to incorporate the 2013-2014 Edition.

The International Convention for the Safety of Life at Sea (SOLAS) Amendments 2002, Chapter II-2/Regulation 19, Consolidated Edition 2004 is revised to incorporate the 2009 Consolidated Edition.

The International Electrotechnical Commission (IEC) Fuel cell technologies—Part 6-1: Micro fuel cell power systems—Safety, IEC/PAS 62282-6-1:2006(E), First Edition 2006-02, with Corrigendum 1, First Edition 2007-04 is removed and replaced with Fuel cell technologies—Part 6-100: Micro fuel cell power systems—Safety, IEC 62282-6-100:2010, Edition 1.0, March 2010 and Amendment 1 to IEC 62282-6-100, October 12, 2012. FCHEA requested we incorporate the recently approved Amendment 1 to the International Electrotechnical Commission standard for micro-fuel cell cartridges as well as a request for a slight alteration in the way we reference the document. In this final rule we will incorporate by reference amendment 1 to the IEC international standard and change the wording used to reference the document.

The International Maritime Organization (IMO) International Maritime Dangerous Goods Code, 2010 Edition, Incorporating Amendment 35-10, English Edition, Volumes 1 and 2 is revised to incorporate the 2012 Edition, Amendment 36-12.

The International Organization for Standardization (ISO) entries for “ISO 10156:1996, Gases and Gas Mixtures—Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, Second edition, February 1996 (E)” and “ISO 10156-2:2005, Gas cylinders—Gases and gas mixtures—Part 2: Determination of oxidizing ability of toxic and corrosive gases and gas mixtures, First edition, August 2005, (E)” are removed and replaced with an entry for “ISO 10156:2010: Gases and gas mixtures—Determination of fire potential and oxidizing ability for the selection of cylinder valve outlets, Third edition, March 2010.”

The entry “ISO 4126-1: Safety valves—Part 1: General requirements, December 15, 1991, First edition” is revised to the entry “ISO 4126-1:2004(E): Safety devices for protection against excessive pressure—Part 1: Safety valves, Second edition 2004-02-15.” The entry “ISO 11117, Gas cylinders—Valve protection caps and valve guards for industrial and medical gas cylinders—Design, construction and tests, First edition, August 1998, (E)” is revised to the entry “ISO 11117:2008(E): Gas cylinders—Valve protection caps and valve guards—Design, construction and tests, Second edition, 2008-09-01.” The entry “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” is added.

The entries “ISO 4126-7:2004(E): Safety devices for protection against excessive pressure—Part 7: Common data, First Edition 2004-02-15,” “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,” and “ISO 13340:2001(E) Transportable gas cylinders—Cylinder valves for non-refillable cylinders—Specification and prototype testing, First edition, 2004-04-01” are added.

The Transport Canada entry, Transportation of Dangerous Goods Regulations, including Clear Language Amendments 1 through 7 is revised to include Amendments 8, 9 and 10.

The United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations, 16th Revised Edition (2009), Volumes I and II, is revised to incorporate the 17th Revised Edition (2011), Volumes I and II.

The United Nations Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria, Fifth Revised Edition (2009), is revised to incorporate Amendment 1 (2011). One commenter (DGAC) requested that we do not require compliance with the lithium battery testing requirements contained in Amendment 1 for lithium cells and batteries manufactured before January 1, 2014. Since PHMSA has specified a delayed compliance date of January 1, 2014 for this final rule, compliance with Amendment 1 will only be required for lithium cells and batteries manufactured on or after January 1, 2014.

In addition to the revisions and additions above, PHMSA is restructuring § 171.7 to comply with National Archives and Records Administration requirements for centralized IBR section formatting. This change is not intended to remove or change any IBR materials previously incorporated by reference, with the exception of those references mentioned above.

Section 171.8

This section defines terms generally used throughout the HMR that have broad or multi-modal applicability. PHMSA is adding the following defined terms:

Aircraft battery: This term means a battery designed in accordance with a recognized aircraft battery design standard (e.g. FAA technical standard order) that is capable of meeting all aircraft airworthiness requirements and operating regulations.

Currently the HMR does not define aircraft battery. The recent amendment of special provision A51 in the ICAO TI require PHMSA to define this term to ensure appropriate application of this special provision.

Flexible Bulk Container (FBC): This term means a flexible container with a capacity not exceeding 15 cubic meters and includes liners and attached handling devices and service equipment.

Currently the HMR do not prescribe requirements for the transport of FBCs. In this final rule, PHMSA is adopting various transportation and manufacturing requirements for FBCs. Prior to adoption of such standards, the term “Flexible Bulk Container” must be defined. Therefore we are adopting the above definition of an FBC based on the definition for FBC adopted in the IMDG Code and 17th Revised Edition of the UN Model Regulations.

Part 172

Section 172.101

Section 172.101 provides instructions for using the Hazardous Materials Table (HMT) and the HMT itself. In this final rule, PHMSA is revising the instructional text that precedes the HMT.

Paragraph (c) of § 172.101 describes the information indicated in column 2 of the HMT. Column 2 lists the hazardous materials descriptions and proper shipping names of materials designated as hazardous materials. Paragraph (c)(10) of § 172.101 prescribes how mixtures or solutions not identified specifically by name are described.

PHMSA is revising § 172.101(c)(10) to incorporate language adopted in the 17th Revised Edition of the UN Model Regulations that states mixtures and solutions must meet the definition of one or more hazard classes to be classified as a hazardous material. This change will clarify that for a mixture or solution composed of one or more components that are classified as a hazardous material, the resulting mixture or solution must meet the definition of one or more hazard classes to be classified as a hazardous material.

Paragraph (k) of § 172.101explains the purpose of column (10) of the HMT and prescribes the vessel stowage and segregation requirements for specific entries in the HMT. 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.

We are modifying these instructions by revising the vessel stowage location requirements for explosives and reducing the number of explosive stowage categories from 15 to 5. Specifically, the explosive stowage categories 6 through 15 will be eliminated and stowage categories 1 through 5 will be modified. Changes to the explosive stowage categories are necessary because, as part of this final rule, PHMSA is removing magazine stowage Types “A,” “C,” and special stowage from Part 176 with the consolidation of authorized explosive stowage categories. The authorized explosive stowage categories will be replaced with a new term of art “Closed cargo transport units for Class 1 (explosives).” Included in this definition are freight containers or transport vehicles that are structurally serviceable in accordance with§ 176.172, portable magazines conforming to § 176.137, and small vessel compartments (i.e., mast lockers and deck house). These changes will require Class 1 materials to be shipped in closed cargo transport units as defined above when stowed on deck.

Hazardous Materials Table (HMT)

In this final rule, PHMSA is amending the HMT. Readers should review all changes for a complete understanding of the amendments. For purposes of the Government Printing Office's typesetting procedures, changes to the HMT appear under three sections of the Table, “remove,” “add,” and “revise.” Certain entries in the HMT, such as those with revisions to the proper shipping names, appear as a “remove” and “add.” Amendments to the HMT include the following:

New HMT Entries.

UN3497 Krill meal

This new HMT entry is created because krill meal has a chemical composition that is significantly different from that of fish meal. It contains a natural stabilizing substance (ethoxyquin) and the fat content of krill meal is higher than that of fish meal. The UN numbers established for fish meal are restricted to maximum fat contents, which makes these UN numbers not applicable to krill meal.

UN3498 Iodine monochloride, liquid

This new HMT entry is a result of the division of the proper shipping name Iodine monochloride into two authorized proper shipping names; one for the liquid state of the commodity and another for the solid state. Solid shipments of Iodine monochloride remain assigned to UN1792.

UN3499 Capacitor, electric double layer (with an energy storage capacity greater than 0.3 Wh)

This new HMT entry covers capacitors with an energy storage capacity greater than 0.3 Wh. Capacitors are assigned as a Class 9 miscellaneous hazardous material and measures required to prevent short circuit are provided in special provision 361.

UN3500 Chemical under pressure, n.o.s.

UN3501 Chemical under pressure, flammable, n.o.s.

UN3502 Chemical under pressure, toxic, n.o.s.

UN3503 Chemical under pressure, corrosive, n.o.s.

UN3504 Chemical under pressure, flammable, toxic, n.o.s.

UN3505 Chemical under pressure, flammable, corrosive, n.o.s.

The “Chemical under pressure. n.o.s.” HMT entries are added to address shipments of liquids or solids (e.g., adhesives, coatings, and cleaners) combined with a gas or gas mixtures utilized to expel the contents from pressure vessels. The primary hazard class for these shipments is determined by the hazard presented by the propellant and any subsidiary risk is determined by the properties of the liquid or solid under pressure. Toxic gases are not permitted as propellants.

UN3506 Mercury contained in manufactured articles

This new entry was created to separately address manufactured articles containing mercury. The international community provided an exception from regulation for instruments and articles containing not more than 1 kg of mercury, when transported by means other than aircraft. PHMSA is unable to adopt a comparable exception as the reportable quantity for mercury is 0.454 kg (1.00 lbs.), but is revising the current exception authorized in § 173.164(e) for shipments containing less than 0.454 kg (1.00 pound) to include transportation by vessel.

UN1950 Aerosols, corrosive, Packing Group II or III (each not exceeding 1 L capacity).

This new entry was inadvertently removed from the HMT due to an incorrect amendatory instruction in a September 13, 2011 final rule (76 FR 56304; HM-244D). The entry is being placed back into the HMT.

Removed HMT Entries

UN3492 Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m3 and saturated vapor concentration greater than or equal to 500 LC50

UN3493 Toxic by inhalation liquid, corrosive, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m3 and saturated vapor concentration greater than or equal to 10 LC50

These entries are removed from the HMT due to their similarity to UN3488 and UN3489 respectively. The sole difference between these entries is the order of subsidiary risks, which does not affect the classification and transport conditions applied to shipments of these substances. As a result, PHMSA is removing identification numbers UN3492 and UN3493 to avoid confusing shippers in determining which identification numbers to use.

Amendments to the Column (1) Symbols

Section 172.101(b) describes column (1) of the HMT and the associated symbols that may be indicated in the column. In accordance with § 172.101(b), the symbol “G” identifies proper shipping names for which one or more technical names of the hazardous material must be entered in parentheses in association with the basic description on a shipping paper. In this final rule, PHMSA is adding a “G” to column (1) for “UN1707, Thallium compounds, n.o.s.” The addition of a “G” to this entry will provide notification of the technical name of this toxic material and thus aid emergency responders with providing an appropriate response.

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

Section 172.101(c) describes column (2) of the HMT and the requirements for hazardous materials descriptions and proper shipping names. Among other requirements, in accordance with § 172.101(c)(1), proper shipping names indicated in column (2) of the HMT may be used in the singular or the plural form interchangeably. Regardless, in this final rule, PHMSA is revising several entries in the HMT to remove the plural ending letter “s” to provide continuity with the internationally accepted proper shipping names. Specifically, PHMSA is removing the letter “s” from: UN1107, Amyl chlorides; UN1111, Amyl mercaptans; UN1113, Amyl nitrites; and, UN2347, Butyl Mercaptans.

Generally the physical state (solid or liquid) appears before the hazard characteristics (toxic, flammable, etc.) in the sequence of wording used in proper shipping names specified in column (2) of the HMT. In some instances, the hazard characteristics are indicated before the physical state. In this final rule, PHMSA is revising several proper shipping names to indicate the physical state before the hazard characteristics for consistency in formatting.

Current proper shipping names:

Revised proper shipping names:

A new proper shipping name “Cartridges for tools, blank” is assigned to identification number UN0014. This proper shipping name more appropriately describes industrial blank cartridges currently described as “UN0323, Cartridges, power device” or “ORM-D or ORM-D-AIR, Cartridges, power device (used to project fastening devices).” In the NPRM, PHMSA proposed to remove the “ORM-D” entry for “Cartridges, power device (used to project fastening devices)” because the proper shipping name for such articles is now “Cartridges for tools, blank” under identification number UN0014. Subsequent changes were proposed to § 173.63 and the § 172.102(c)(1) special provision 347 to replace any references to “ORM-D or ORM-D-AIR, Cartridges, power device (used to project fastening devices)” with the new description “UN0014, Cartridges for tools, blank (used to project fastening devices).” Additionally, such articles are not subject to the UN Test Series 6(d) previously required under special provision 347. The description “UN0323, Cartridges, power device” will remain subject to special provision 347.

PHMSA received one comment from SAAMI noting that the proposed domestic only entry for Cartridges for tools, blank (used to project fastening devices) was unnecessary and should be deleted. SAAMI also asked for the retention of the ORM-D entry for Cartridges, power device until the end of the transition period for its use. SAAMI raised concerns over packaging manufactured and marked to meet current HMR requirements. SAAMI stated that existing packaging inventory will be depleted during 2013, but industry will not be ready to stop using the old markings for ORM-D “Cartridges, power device” on January 1, 2013, and that HM-215K provided a deadline of December 31, 2013 to accomplish this transition. PHMSA agrees and is retaining the entry Cartridges power device (used to project fastening devices) and will not be adopting a domestic only entry for Cartridges for tools, blank.

The proper shipping name for “UN1305, Vinyltrichlorosilane, stabilized” is amended by removing the term “stabilized” for consistency with the Dangerous Goods Lists of the various international standards and the HMT of the HMR. The revised proper shipping name for UN1305 is “Vinyltrichlorosilane.”

The 17th Revised Edition of the UN Model Regulations amended the qualifying text (text in italics) for UN Nos. 3381-3390 and UN Nos. 3488-3491. The changes to these entries' qualifying or modifying text in italics would change the wording from “with an inhalation toxicity lower than or equal to” to “with an LC50 lower than or equal to.” This terminology change better identifies the criteria used to determine the proper classification of these substances.

Amendments to the Column (4) Identification Numbers

Section 172.101(e) describes Column (4) of the HMT and the designation of the identification number to each proper shipping name. With the addition of a separate identification number (UN3506) for the description “Mercury contained in manufactured articles,” PHMSA is removing the description that is currently assigned to “UN2809, Mercury.”

Amendments to the 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 the UN Committee of Experts on the Transport of Dangerous Goods (UNCOE) in this last biennium indicated a need for the addition of subsidiary risk of Division 6.1 (toxic) to be assigned to “UN2809, Mercury” and to the new entry “UN3506, Mercury contained in manufactured articles.” We note that for air transport, Special provision A191 provides relief from the labeling and documentation requirements of this new subsidiary risk.

In addition to the changes above, data was also presented to the UNCOE that indicated the need for a subsidiary risk of Division 6.1 (toxic) to be assigned to UN2381 Dimethyl disulfide.

PHMSA is making appropriate amendments to the HMT to account for these revisions to the UN Model Regulations.

Amendments to the Column (7) Special Provisions

Section 172.101(h) describes Column (7) of the HMT and the § 172.102(c) 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 for a detailed discussion of the additions, revisions, and deletions to the special provisions addressed in this final rule.

Several HMT entries are revised to include special provision B120. Special provision B120 indicates that the material, when offered in conformance with the applicable requirements of Part 178 and general packaging requirements in Part 173, may be offered for transportation in a Flexible Bulk Container. See Section 172.102 special provisions for a detailed discussion of special provision B120.

In this final rule, special provision B120 is assigned to the following entries:

New special provision 222 is added to the ORM-D entries for Cartridges, small arms, and Cartridges power device (used to project fastening devices). See Section 172.102 Special provisions for a detailed discussion of the addition of special provision 222.

The entry for UN1008 Boron trifluoride is assigned new special provision 238. See Section 172.102 Special provisions for a detailed discussion of the addition of special provision 238.

Special provision A51 is added to authorize the transport of aircraft batteries consistent with the provisions of the 2013-2014 ICAO Technical Instructions.

The portable tank code assigned to “UN 1203, Gasoline” was inadvertently changed from T4 to T8 in a rulemaking under Docket Number PHMSA-2009-0151 (HM-218F) [76 FR 43510]. As this was an inadvertent, but consequential change, PHMSA is amending the entry for Gasoline to indicate T4 as the appropriate portable tank code.

With the addition of a Division 6.1 (toxic) subsidiary risk to “UN2381, Dimethyl disulfide,” the portable tank codes and portable tank provisions are revised as follows:

T4 is replaced by T7

TP1 is replaced by TP2, TP13, and TP39

See Section 172.102 Special provisions for a detailed discussion of our addition of special provision TP39.

Review of the “Guiding Principles for the Development of the UN Model Regulations (Guiding Principles)” indicates that in some cases, the portable tank instructions for the transport of Division 4.3 liquid materials are not consistent with the Guiding Principles, and, in other instances, relevant portable tank special provisions were missing or incorrectly assigned. The following are revisions with deletions indicated by a strikethrough and additions or replacements shown in bold font.

See Section 172.102 Special provisions for a detailed discussion of the addition of special provision TP41.

Special provisions A100 and A103 are revised to clarify that the weight (mass) limitations specified are net and not gross amounts for secondary lithium batteries. See Section 172.102 Special provisions for a detailed discussion of the revision of special provisions A100 and A103.

Special provision A191 is added to note that regardless of the Division 6.1 (toxic) subsidiary risk indicated in the HMT, the toxic subsidiary risk label and an indication of the subsidiary risk on the shipping paper are not required for manufactured articles containing less than 5 kg (11 pounds) of mercury. This special provision is assigned to the entry “UN3506, Mercury contained in manufactured articles.”

Special provision A200 is added to require that certain articles may not be transported by passengers or crewmembers, on their person or in their baggage and are to be shipped as cargo when transported via aircraft. Under certain circumstances, the articles affected by this special provision may be excepted from the requirements of the HMR. When these articles are not subject to the regulations, there is the potential for them to be inappropriately carried aboard an aircraft. In response to this safety concern, the ICAO Technical Instructions were revised to clarify that when transported by aircraft, these articles, regardless of whether they are otherwise excepted from the regulations, must be transported as cargo and may not be carried onboard an aircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10, “Exceptions for Passengers, Crewmembers, and Air Operators.” Consistent with the revised ICAO Technical Instructions requirement, PHMSA is adopting the special provision restricting these items from being carried aboard an aircraft by passengers and crewmembers.

This special provision is assigned to the following entries: “UN3166, Engines, internal combustion or Engines, fuel cell, flammable gas powered”; “UN3166, Engines, internal combustion or Engines, fuel cell, flammable liquid powered”; “UN3166, Vehicle, flammable gas powered or Vehicle, fuel cell, flammable gas powered”; “UN3166, Vehicle, flammable liquid powered or Vehicle, fuel cell, flammable liquid powered”; “UN0503, Air bag inflators or Air bag modules or Seat-belt pretensioners”; and “UN3268, Air bag inflators or Air bag modules or Seat-belt pretensioners.”

Special provision W10 is assigned to “UN3486, Calcium hypochlorite mixture, dry, corrosive with more than 10% but not more than 39% available chlorine” and to “UN2208, Calcium hypochlorite mixtures, dry, with more than 10 percent but not more than 39 percent available chlorine.” Special provision W10 indicates that, when offered for transportation by vessel, these entries may not be offered in large packagings. See Section 172.102 Special provisions for a detailed discussion of the addition of special provision W10.

Amendments to the Column (8a) Packaging Exceptions

Column 8A contains exceptions from some of the requirements of this subchapter. The referenced exceptions are in addition to those specified in subpart A of part 173 and elsewhere in this subchapter. A “None” in this column means no packaging exceptions are authorized, except as may be provided by special provisions in Column 7. PHMSA received one comment from SAAMI noting that PHMSA, unlike the UN Model Regulations, IMDG Code and the European Road and Rail Regulations (ADR), did not propose a limited quantity exception for UN 0055 “Cases, cartridge, empty with primer” as a limited quantity. This was an inadvertent omission and PHMSA is adding 63 to column 8a of the HMT for the UN 0055 entry.

Amendments to the Column (9) Quantity Limitations

Section 172.101(j) describes Column (9) of the HMT and the quantity limitations for specific entries in the HMT. 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)). Unless otherwise indicated the quantity limitations shown in column (9) of the HMT are net. PHMSA is removing the gross weight indicator in columns (9A) (if authorized previously) and (9B) for the following battery entries. The quantity limit for these entries should be based on the weight of the battery or batteries and not the weight of the battery or batteries plus the packaging (i.e., the package).

UN3028 Batteries, dry, containing potassium hydroxide solid, electric, storage

UN2794 Batteries, wet, filled with acid, electric storage

UN2795 Batteries, wet, filled with alkali, electric storage

UN3468 Hydrogen in a metal hydride storage system or Hydrogen in a metal hydride storage system contained in equipment or Hydrogen in a metal hydride storage system packed with equipment

UN3090 Lithium battery

UN3091 Lithium batteries packed with equipment

PHMSA is revising column (9A) to forbid several entries previously authorized for shipment on passenger-carrying aircraft or passenger-carrying rail to harmonize with changes to the ICAO Technical Instructions. The following entries would now be forbidden on passenger-carrying aircraft or passenger-carrying rail.

UN1196 Ethyltrichlorosilane

UN1250 Methyltrichlorosilane

UN1298 Trimethylchlorosilane

UN1305 Vinyltrichlorosilane

UN2985 Chlorosilanes, flammable, corrosive, n.o.s.

UN3361 Chlorosilanes, toxic, corrosive, n.o.s.

UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.

Quantity limits of 450 L for “UN3334, Aviation regulated liquid, n.o.s.” and 400 kg for “UN3335, Aviation regulated solid, n.o.s.” are added for both columns (9A) and (9B). Previously, there was no limit to the amount authorized to be shipped in one package. These new quantity limits are consistent with authorized quantity limits found in the ICAO Technical Instructions.

Amendments to the Column (10) Vessel Stowage Requirements.

Vessel Stowage Location (10A)

Section 172.101(k) explains the purpose of column (10) of the HMT and prescribes the vessel stowage and segregation requirements for specific entries in the HMT. 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.

One commenter (SAAMI) noted that limited quantity shipments are assigned the least restrictive stowage category and are excepted from additional stowage provisions in 3.4.3 of the IMDG Code and requested that PHMSA do the same. PHMSA agrees and is amending § 172.101(k) to ensure that shipments offered as limited quantities are allocated to stowage category A, and to note that such shipments are excepted from the other stowage provisions indicated by codes in column 10B of the HMT for the material being offered for transport as a limited quantity. PHMSA is simplifying the number of vessel stowage locations for shipments of Class 1 explosive materials to harmonize with recently adopted vessel explosive stowage categories in the IMDG Code. Currently, there are 15 possible stowage location codes available for assignment to column (10A) for explosive shipments. Recent changes in the IMDG Code have reduced the number of available explosive stowage location codes to five. This consolidation of codes was accomplished to reduce the complexity of the regulations without compromising safety.

The International Maritime Organization (IMO) determined that the term “magazine” was no longer necessary and the magazine concept could be incorporated into a broader definition for closed cargo transport units for Class 1 (explosives) material. In general, a magazine used to store and transport explosives is equivalent to a closed cargo transport unit with a wooden floor. A magazine type A has additional wooden walls, or walls covered with wooden pallets, and is currently only assigned to 7 entries in the HMT. A magazine type C is currently defined by a minimum distance to the ship's side of 2.4 m (8 feet). Requirements to load Class 1 closed cargo transport units a minimum distance of 2.4 m (8 feet) from the ship's side wall remove the need for specific stowage category references to magazine stowage type C. The IMO, taking into account the properties of various classes and divisions of explosives, has determined that only 1.4S, 1.4G, 1.4D, and 1.4C explosives are acceptable on passenger ships. PHMSA agrees and has removed the majority of Class 1 stowage location codes and revised the remaining codes. The codes for each Class 1 entry are grouped by stowage code (01, 02, 03, 04, or 05) as follows:

Explosive Stowage Category

01—means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) and on a passenger vessel

02—means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) and “on deck” in closed cargo transport units or “under deck” in closed cargo transport units on a passenger vessel

03—means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel

04—means the material may be stowed “on deck” in closed cargo transport units or “under deck” in closed cargo transports on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel

05—means the material may be stowed “on deck” in closed cargo transport units on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel

Taking into account the properties of various classes and divisions of explosives, the IMO determined new stowage category assignments as follows:

PHMSA agrees with the assignments and, in particular, agrees that only 1.4S, 1.4G, 1.4D, and 1.4C explosives are acceptable on passenger ships.

Column (10A) in the HMT is revised to read Stowage Category 01 for the following proper shipping names and corresponding identification numbers:

Column (10A) in the HMT is revised to read Stowage Category 02 for the following proper shipping names and corresponding identification numbers:

Column (10A) in the HMT is revised to read Stowage Category 03 for the following proper shipping names and corresponding identification numbers:

Column (10A) in the HMT is revised to read Stowage Category 04 for the following proper shipping names and corresponding identification numbers:

Column (10A) in the HMT is revised to read Stowage Category 05 for the following proper shipping names and corresponding identification numbers:

Vessel Stowage Codes (10B)

Section 172.101(k) describes Column (10) of the HMT and the vessel stowage requirements for specific entries in the HMT. Furthermore, column (10B) [Other provisions] specifies codes for stowage requirements for specific hazardous materials. The meaning of each code in Column (10B) is set forth in § 176.84 of this subchapter.

Vessel shipments of Class 1 explosives are currently required to be stored away from all sources of heat including steam pipes, heating coils, sparks, and flame in accordance with § 176.116(a). In addition to this general provision in § 176.116, several vessel stowage codes in column (10B) make reference to shading or stowing away from heat. To harmonize with the IMDG Code, reduce the number of redundant vessel stowage codes, and incorporate the addition of a new definition for protected from sources of heat (see Section 176.2 of this final rule for definition) PHMSA is deleting vessel stowage codes 50 and 48 and replacing all references to these codes with stowage code 25. See Section 176.84 for a detailed discussion of our revision to stowage code 25.

The following proper shipping names and corresponding identification numbers will have stowage code 48 replaced with stowage code 25 in Column (10B) in the HMT. If the commodity is currently assigned both stowage code 48 and 25 in Column (10B) in the HMT stowage code 48 will be deleted and stowage code 25 will remain.

The following proper shipping names and corresponding identification numbers will have stowage code 19 replaced with stowage code 25 in Column (10B) in the HMT if stowage code 25 is not currently listed in Column (10B). If the proper shipping name already is currently assigned both stowage code 19 and 25, stowage code 19 will be deleted.

We are also assigning stowage code 25 to every Class 1 explosive table entry to indicate these materials must be protected from sources of heat in accordance with the new definition of “protected from sources of heat” in § 176.2. See Section 176.84 for a detailed discussion of our revision to stowage code 25 and § 176.2 for the definition of “protected from sources of heat.”

Stowage code 50 is currently not assigned to any HMT entries and is being deleted.

PHMSA is revising stowage code 128 to account for a citation change in the IMDG Code. The new text of stowage code 128 is “stow in accordance with the IMDG Code, Sub-section 7.6.2.7.2 (incorporated by reference; see § 171.7 of this subchapter).”

PHMSA is deleting stowage codes 7E, 8E, and 20E. The reduction in the number of vessel stowage categories in column (10A) makes these codes unnecessary and any applicable stowage requirements are covered by the requirements of the applied code in column (10A).

The following proper shipping names and corresponding identification numbers will have stowage code 7E removed from column (10B) of the HMT.

The following proper shipping names and corresponding identification numbers will have stowage code 8E removed from column (10B) of the HMT.

The following proper shipping names and corresponding identification numbers will have stowage code 20E removed from column (10B) of the HMT.

During review of the explosive stowage codes it was noted that stowage code 1E was assigned to UN0504 1H-Tetrazole and UN0502 Rockets, with inert head. Stowage code 1E was removed in a final rule published on June 21 2001, under Docket Number RSPA-2000-7702 (HM-215D) [66 FR 33316] entitled, “Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions” and, in this final rule, PHMSA is amending the listings for these two entries by removing these two codes whose requirements have been captured by other vessel stowage provisions.

Section 172.102 Special Provisions

Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. PHMSA is revising § 172.102, Special provisions as follows:

Special Provision 47

Special provision 47 provides classification exceptions for mixtures of solids and flammable liquids. In this final rule, PHMSA is revising special provision 47 to clarify that the requirement that each packaging must correspond with a design type that has passed a leakproofness test at the Packing Group II level applies only to single packagings.

Special Provision 48

Special provision 48 provides classification exceptions for mixtures of solids and toxic liquids. In this final rule, PHMSA is revising special provision 48 to clarify that the requirement that each packaging must correspond with a design type that has passed a leakproofness test at the Packing Group II level applies only to single packagings.

Special Provision 49

Special provision 49 provides classification exceptions for mixtures of solids and corrosive liquids. In this final rule, PHMSA is revising special provision 49 to clarify that the requirement that each packaging must correspond with a design type that has passed a leakproofness test at the Packing Group II level applies only to single packagings.

Special Provision 101

In a NPRM published in the Federal Register on August 31, 2006 (71 FR 51895), we proposed to remove § 172.102(c)(1), Special provision 101. In the NPRM, we stated that with the introduction of the letter ”G” in Column (1), which requires the n.o.s. and generic proper shipping names to be supplemented with the technical name of the hazardous material, special provision 101 became obsolete. Consequently, because we did not receive public comment, the amendment was adopted as proposed in a final rule published in the Federal Register on December 29, 2006 (71 FR 78596).

Consequences of the removal of § 172.102(c)(1) Special provision 101 in 2006 may have resulted in noncompliance for certain Department of Defense (DOD) explosive shipments. DOD recently asserted the current provisions in §§ 171.8 and 172.203(k) of the HMR do not permit technical names to be indicated in such a manner as former special provision 101 required. For example, a DOD explosive shipment approved under the generic description “Articles, explosive, n.o.s.” was previously assigned special provision 101 in column 7 of the § 172.101 Hazardous Materials Table that required the name of the particular substance or article to be specified as the technical name for the substance or article (e.g., “Fuze, Grenade, M219A2”) in association with the basic description. Therefore, PHMSA is reinstating special provision 101 for the following HMT entries:

UN0349 Articles, explosive, n.o.s.

UN0350 Articles, explosive, n.o.s.

UN0351 Articles, explosive, n.o.s.

UN0352 Articles, explosive, n.o.s.

UN0353 Articles, explosive, n.o.s.

UN0354 Articles, explosive, n.o.s.

UN0355 Articles, explosive, n.o.s.

UN0356 Articles, explosive, n.o.s.

UN0462 Articles, explosive, n.o.s.

UN0463 Articles, explosive, n.o.s.

UN0464 Articles, explosive, n.o.s.

UN0465 Articles, explosive, n.o.s.

UN0466 Articles, explosive, n.o.s.

UN0467 Articles, explosive, n.o.s.

UN0468 Articles, explosive, n.o.s.

UN0469 Articles, explosive, n.o.s.

UN0470 Articles, explosive, n.o.s.

UN0471 Articles, explosive, n.o.s.

UN0472 Articles, explosive, n.o.s.

UN0382 Components, explosive train, n.o.s.

UN0383 Components, explosive train, n.o.s.

UN0384 Components, explosive train, n.o.s.

UN0461 Components, explosive train, n.o.s.

UN0357 Substances, explosive, n.o.s.

UN0358 Substances, explosive, n.o.s.

UN0359 Substances, explosive, n.o.s.

UN0473 Substances, explosive, n.o.s.

UN0474 Substances, explosive, n.o.s.

UN0475 Substances, explosive, n.o.s.

UN0476 Substances, explosive, n.o.s.

UN0477 Substances, explosive, n.o.s.

UN0478 Substances, explosive, n.o.s.

UN0479 Substances, explosive, n.o.s.

UN0480 Substances, explosive, n.o.s.

UN0481 Substances, explosive, n.o.s.

UN0485 Substances, explosive, n.o.s.

UN0482 Substances, explosive, very insensitive, n.o.s. or Substances, EVI, n.o.s.

Special Provision 118

Special provision 118 states that materials listing this special provision may not be transported under the provisions of Division 4.1 unless specifically authorized by the Associate Administrator. In the UN Model Regulations the corresponding special provision, SP 272, contained a note that the special provision referred to UN0143. This special provision in the UN Model Regulations has been revised to indicate that the special provision applies to both UN0143 and UN0150, as appropriate. To maintain consistency with the UN Model Regulations, PHMSA is adopting this editorial note and revising special provision 118 by adding the language “(see UN0143 or UN0150 as appropriate)” following the existing text.

Special Provision 134

Special provision 134 is revised to note that this provision also applies to equipment powered by wet batteries or sodium batteries that are transported with these batteries installed.

Special Provision 155

Special provision 155 states that Fish meal or fish scrap may not be transported if the temperature at the time of loading either exceeds 35 °C (95 °F), or exceeds 5 °C (9 °F) above the ambient temperature, whichever is higher.

PHMSA is revising special provision 155 by adding a reference to the new proper shipping name “krill meal.” Krill meal possesses similar self-heating hazard characteristics to fish meal and scrap; therefore, application of this special provision is appropriate. This addition clarifies that special provision 155 applies to fish meal and fish scrap as well as krill meal.

Special Provision 222

Special provision 222 is added to indicate that shipments of 1.4S materials reclassed as ORM-D are not eligible to be offered for transportation by aircraft. Special provision 222 is added to the ORM-D entries for Cartridges, small arms, Cartridges, power device (used to project fastening devices).

Special Provision 237

Special provision 237 specifies that “Batteries, dry, containing potassium hydroxide solid, electric storage ” must be prepared and packaged in accordance with the requirements of § 173.159(a), (b), and (c) and that for transportation by aircraft, the provisions of § 173.159(b)(2) are applicable.

PHMSA is adding an additional sentence to special provision 237 clarifying the applicability of the provision. Specifically language is added to state that the entry for “Batteries, dry, containing potassium hydroxide solid, electric storage” may only be used for the transport of non-activated batteries that contain dry potassium hydroxide and that are intended to be activated prior to use by the addition of an appropriate amount of water to the individual cells.

Special Provision 238

Special provision 238 is added to address the shipment of neutron radiation detectors. Neutron detection is a key component used in nuclear arms interdiction in addition to other applications such as nuclear reactor monitoring, neutron-based cancer treatments, neutron spallation, nondestructive testing and health physics applications. Most neutron radiation detectors contain boron trifluoride gas, UN1008, which is currently forbidden by passenger and cargo aircraft as noted in Columns (9A) and (9B) of the HMT. Currently, neutron radiation detectors that contain this gas can only be transported by air under a special permit.

ICAO recently adopted a special provision specifically addressing neutron radiation detectors. The recently adopted special provision A190 permits, under certain conditions the transportation by cargo aircraft of neutron radiation detectors containing boron trifluoride. These conditions include quantity of gas limitations, and construction and packaging specifications. The special provision also provides that under certain conditions these neutron radiation detectors containing not more than 1 gram of boron trifluoride gas are not otherwise subject to the ICAO Technical Instructions.

PHMSA granted a special permit, for the transportation by all modes, of certain neutron radiation detectors containing boron trifluoride gas. The limitations set forth in Special Provision A190 of the ICAO Technical Instructions do not exceed any limitations of the special permit and, therefore, PHMSA is adopting and applying them to all modes of transportation except passenger-carrying aircraft by incorporating them into § 172.102(c)(1), Special provision 238. Specifically, the special provision provides packaging requirements (including pressure limitations), quantities permitted, and package construction requirements for radiation detectors containing non-pressurized boron trifluoride gas in excess of 1 gram. The special provision also provides additional exceptions from the HMR based on the transport mode and other conditions. The special provision will be applicable to the entry “UN1008, Boron trifluoride” in the HMT. PHMSA believes the adoption of this special provision provides an adequate level of safety for the transportation of these items, while providing flexibility in the need to obtain a special permit.

Special Provision 338

A new special provision 338 is added to clarify that when lithium cells or batteries are contained in the fuel cell system, the item must be described under this entry and the entry “Lithium batteries, contained in equipment.” This special provision is applied to UN3473 “Fuel cell cartridges or Fuel cell cartridges contained in equipment or Fuel cell cartridges packed with equipment, containing flammable liquids”; UN3476 “Fuel cell cartridges or Fuel cell cartridges contained in equipment or Fuel cell cartridges packed with equipment, containing water-reactive substances”; UN3477 “Fuel cell cartridges or Fuel cell cartridges contained in equipment or Fuel cell cartridges packed with equipment, containing corrosive substances”; UN3478 “Fuel cell cartridges or Fuel cell cartridges contained in equipment or Fuel cell cartridges packed with equipment, containing liquefied flammable gas”; and UN3479 “Fuel cell cartridges or Fuel cell cartridges contained in equipment or Fuel cell cartridges packed with equipment, containing hydrogen in metal hydride.”

Special Provision 360

New special provision 360 is added and assigned to UN3091, “Lithium batteries, contained in equipment” to clarify that vehicles powered only by lithium batteries must be assigned to identification number UN3071, “Battery powered vehicle.”

Special Provision 361

New special provision 361 is added to clarify that certain capacitors with limited energy storage capability are excepted from the HMR. Specifically, the special provision states that capacitors with an energy storage capacity of 0.3 Wh or less are not subject the HMR. Furthermore this special provision defines energy storage capacity as the energy held by a capacitor, as calculated using the nominal voltage and capacitance.

Section 173.176 provides that capacitors not installed in equipment must be transported in an uncharged state and capacitors installed in equipment must be transported in either an uncharged state or protected against short circuit. Certain types of capacitors such as asymmetrical capacitors are designed to maintain a terminal voltage. This special provision also clarifies that the entry UN3499 does not apply to these capacitors. This special provision is applied to the new HMT entry UN3499, “Capacitor, electric double layer (with an energy storage capacity greater than 0.3 Wh).”

Veolia expressed concern that while manufacturers will have control over the charge state of a capacitor when it is offered for transportation, when these same capacitors are being offered for transportation for recycling or disposal, the recycling or disposal facility may not be aware of or have control over their charge state. Veoila further asserted that this special provision only applies to electric double layer capacitors with an energy storage capacity of greater than 0.3 Wh, and there are other types of capacitors that have a potential to store a significant amount of energy that may pose a risk during transportation. The 0.3 Wh threshold for electric double layer capacitors is the threshold determined by the UNSCOE below which a capacitor would not pose a significant risk in transportation. PHMSA is aware that there are additional emerging capacitor technologies that are under review by the UNSCOE for possible inclusion in the dangerous goods list.

In this final rule PHMSA is only addressing the adoption of the special provision consistent with the amendment to the UN Model regulations. PHMSA has published an advance notice of proposed rulemaking (ANPRM) under Docket HM-253 (77 FR 39662, July 5, 2012) requesting public comment and input concerning the transportation of hazardous materials for recycling or disposal.

Special Provision 362

New special provision 362 specifies when a material can be considered a chemical under pressure. Specifically, the special provision states that classification of these materials is to be based on hazard characteristics of the components in the propellant, the liquid, or the solid forms. Further, this special provision details the appropriate primary and subsidiary hazard classes to be assigned to chemical under pressure. Special provision 362 is assigned to the following HMT entries: UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under pressure, flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s.; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under pressure, flammable, corrosive, n.o.s.

Special Provision 365

With the adoption of a new HMT entry “UN3506 Mercury contained in manufactured articles” in the 17th Revised Edition of the UN Model Regulations to address manufactured articles containing mercury, PHMSA is adding new special provision 365 stating that manufactured instruments and articles containing mercury should reference UN3506. This special provision is applied to UN2809 Mercury.

Special Provision A51

PHMSA is adding a new special provision A51 to authorize the transport by passenger aircraft of wet cell aircraft batteries with a mass up to 100 kg net and lithium ion aircraft batteries in packages containing a single aircraft battery with a net mass not exceeding 35 kg. The August 15, 2012 NPRM proposed to authorize the transport of aircraft batteries into Part 175 that provides exceptions from certain regulations for air carrier operator equipment and items of replacement, as well as for items used to provide customer service aboard an aircraft. PRBA and Saft noted the NPRM proposed to authorize the transport of aircraft batteries in a way that is not fully consistent with the 2013-2014 ICAO Technical Instructions, which do not limit the use of this exception to a particular aircraft operator's aircraft batteries. PRBA notes that such an action would frustrate the intent of Congress when it passed the FAA Modernization and Reform Act of 2012. In this final rule we are incorporating this authorization into a special provision consistent with the 2013-2014 ICAO Technical Instructions.

Special Provision A60

Special Provision A60 permits UN2014, Hydrogen peroxide, aqueous solution, to be transported in excepted quantities provided a comparative fire test between packages containing the solution and identical packages containing water demonstrated no difference in the burning rate. The likelihood of finding discernible differences with more accurate test equipment used today is much greater than it would have been with equipment used when the test requirements were first developed. This more sensitive equipment often detects negligible differences between the two test subjects and, therefore, precludes transport of these small devices under the special provision. To address the issue, the ICAO Dangerous Goods Panel (DGP) adopted a proposal to allow small differences in burning rates.

In this final rule we are harmonizing with the ICAO Technical Instructions with regard to the comparative fire test for Hydrogen peroxide, aqueous solution. Special provision A60 is revised accordingly.

Special Provision A100

Special Provision A100 states that primary (non-rechargeable) lithium batteries and cells are forbidden for transport aboard passenger-carrying aircraft and secondary (rechargeable) lithium batteries and cells are authorized aboard passenger-carrying aircraft in packages that do not exceed a gross weight of 5 kg.

Special provision A100 is revised to clarify the weight limitations for secondary lithium batteries are net and not gross quantities. There are some combinations of authorized battery packagings that contribute significantly towards the gross weight of the finished package. The intent of this change is to indicate that the quantity limits for secondary lithium battery shipments aboard passenger-carrying aircraft are to be based on the actual weight of the batteries in each individual package and not the weight of the completed package.

Special Provision A103

Special Provision A103 specifies that lithium batteries contained in equipment is authorized aboard passenger carrying aircraft if the gross weight of the inner package of secondary lithium batteries or cells packed with the equipment does not exceed 5 kg (11 pounds).

Special provision A103 is revised to clarify the weight limitations are net and not gross quantities. There are some combinations of authorized battery packagings that contribute significantly towards the gross weight of the finished package. The intent of this change is to indicate that the quantity limits for secondary lithium battery shipments aboard passenger carry aircraft are to be based on the actual weight of the batteries in each individual package and not the weight of the completed package.

Special Provision A189

We are adding a new special provision, A189, which is assigned to the HMT entry “UN2209, Formaldehyde solutions, with not less than 25 percent formaldehyde” indicating how Formaldehyde solutions with more than 25% are to be classified. It was suggested at the ICAO DGP that the entry for “UN2209, Formaldehyde solution with not less than 25% formaldehyde” implied that concentrations of less than 25% formaldehyde were not regulated. To clarify these requirements, the ICAO adopted a new special provision detailing how differing percentage of formaldehyde solutions are regulated.

We are adding language detailing how differing percentages of Formaldehyde solutions are to be regulated in the new special provision A189. This special provision is applied to UN3334, Aviation regulated liquid, n.o.s. and NA3082, Other regulated substances, liquid, n.o.s.

Special Provision A191

In the NPRM, PHMSA proposed a new special provision, A192, noting that regardless of the Division 6.1 (toxic) subsidiary indicated in the HMT, the poison subsidiary hazard label and an indication of this subsidiary hazard on the shipping paper are not required for manufactured articles containing less than 0.45 kg (1 pound) of mercury. This provision aligns with the decision of the UN Sub-Committee to ensure that transport of such articles, particularly by air, is not impeded due to mercury's revised classification.

PHMSA received one comment from UPS noting that this special provision was assigned A191 by ICAO and not A192 as assigned by PHMSA. UPS also noted that ICAO provided an exception from display of the subsidiary “Toxic” label and the identification of subsidiary risk for up to 5 kg (11 pounds) of mercury, PHMSA proposed an exception for no more than 0.454 kg (1 LB). UPS sees no reason for this lack of alignment, but foresees unnecessary challenges arising from such inconsistency. Therefore, UPS urges PHMSA to align directly with the 5 kg limit in the ICAO text. PHMSA is assigning special provision A191 to this entry for continuity with the international regulations. PHMSA agrees with UPS regarding the amount of mercury that may be present in manufactured articles to utilize the exception from communicating the subsidiary hazard, and is changing that amount to 5 kg (11 pounds).

Special Provision A200

As previously discussed, new special provision, A200, is added stating the entries assigned this special provision must be transported as cargo when transported by aircraft and cannot be carried onboard an aircraft by passengers or crewmembers either in or as carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10, “Exceptions for Passengers, Crewmembers, and Air Operators.” This special provision is assigned to articles and will be applied to: UN3166, Engines, internal combustion or Engines, fuel cell, flammable gas powered; UN3166, Engines, internal combustion, or Engines, fuel cell, flammable liquid powered; UN3166, Vehicle, flammable gas powered or Vehicle, fuel cell, flammable gas powered; UN3166, Vehicle, flammable liquid powered or Vehicle, fuel cell, flammable liquid powered; UN0503, Air bag inflators, or Air bag modules, or Seat-belt pretensioners; and, UN3268, Air bag inflators, or Air bag modules, or Seat-belt pretensioners.

Special Provision B120

Special provision B120 is added to specify the use of FBCs conforming to the requirements in Subpart R and Subpart S of part 178 of this subchapter are permitted. The special provision is applicable to the following entries:

FBCs must conform to the performance-oriented construction standards and testing criteria in new subparts R and S of part 178. In addition, shipments of FBCs must be prepared and otherwise conform to the general requirements for bulk packages in subpart B of part 173 and the new § 173.37.

IBC Codes

In a final rule published in the Federal Register on January 19, 2011 (76 FR 3308; HM-215K), the Table 1 (IBC Codes) in paragraph (c)(4) were editorially revised to remove UN Specifications 31A, 31B and 31N from IBC Codes IB4 through IB8. The revision was consistent with amendments to international standards that removed the specifications from the indicated codes in the table because IBC Codes IB4 through IB8 are assigned to solids, whereas, UN Specifications 31A, 31B, and 31N are authorized for transportation of liquids in IBC Codes IB1 through IB3 and are assigned to liquid materials only. In the January 19, 2011 final rule, PHMSA inadvertently failed to also remove the remaining liquid IBC specifications (31H1, 31H2, 31HZ1, and 31HZ2) from IB Codes IB4 through IB8. Therefore, PHMSA is editorially correcting the IBC Code Table in § 172.102(c)(4).

Special Provision TP39

Special provision, TP39, is added and assigned to HMT entry “UN2381, Dimethyl disulfide.” This special provision indicates that portable tank instruction T4 may continue to be applied until December 31, 2018. This provides more time for portable tank transporters to transition their current fleets.

Special Provision TP40

Special provision TP40 is added and assigned to HMT entries “UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under pressure, flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s., UN3503; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under pressure, flammable, corrosive, n.o.s.” The special provision indicates that the portable tanks must not be transported when connected with spray application equipment. This provides an additional measure preventing inadvertent release of hazardous materials in transport.

Special Provision TP41

Special provision TP41 is added and assigned to HMT entries “UN3148, Water-reactive liquid, n.o.s.,” indicating that the portable tank instruction T9 may continue to be applied until December 31, 2018.

Special Provision T50

Special provision T50 is revised to note that this provision is applicable to chemicals under pressure as well as liquefied compressed gases. Special provision T50 would be assigned to HMT entries “UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under pressure, flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s., UN3503; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under pressure, flammable, corrosive, n.o.s.”

Special Provision W10

Special provision W10 is added and assigned to HMT entries “UN3486 Calcium hypochlorite mixture, dry, corrosive with more than 10% but not more than 39% available chlorine” and to “UN2208 Calcium hypochlorite mixtures, dry, with more than 10 percent but not more than 39 percent available chlorine” indicating that when offered for transportation by vessel, the use of large packagings is prohibited. This provision is adopted to align with a recent IMO change forbidding these commodities from being transported by vessel in large packages.

PHMSA received two comments (DGAC & IVODGA) on our proposal to adopt new special provision W10. IVODGA supported placing W10 in column 7 of the HMT in order for the UN2208 & UN3486 entries to harmonize with the IMDG Code. DGAC recommended against placing W10 in column 7 of the HMT for the UN2208 & UN3486 entries. DGAC also requested that PHMSA elaborate as to why this change is needed on a safety basis. The IMO Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) at their 14th session; decided not to assign LP02 to UN3486 to be consistent with the assignment of packing authorizations for UN2208, a material exhibiting similar characteristics. To remain harmonized with the IMDG Code PHMSA will be adopting W10 as proposed in the August 15, 2012 NPRM.

Section 172.202

Section 172.202 establishes requirements for shipping descriptions on shipping papers. As part of these shipping paper requirements, in many situations a net or gross quantity of the hazardous materials transported must be included. At the 23rd meeting of the ICAO DGP, the issue of notation of quantities on shipping documents was raised. Specifically, it was noted that some confusion exists as to whether or not the net quantity or a gross mass is required on the shipping documents on particular shipments, such as limited quantities. At this meeting an amendment to the ICAO Technical Instructions was adopted to clarify what quantities (i.e. net or gross quantity) were required on the transport document for packages containing limited quantities when different hazardous materials are packed together in the same outer packaging.

PHMSA is adopting a similar provision to the one addressed by the ICAO DGP discussed above. Specifically, PHMSA is adding a new paragraph (a)(6)(vii) stating that for shipments containing hazardous materials in limited quantities with a “30 kg gross” limit in Column (9A) or (9B) of the § 172.101 Hazardous Materials Table and different hazardous materials packed together in the same outer packaging, the net quantity of each hazardous material followed by the gross mass of the completed package must be shown on the shipping paper.

This clarification addresses a transport scenario currently not addressed in the HMR thus alleviating confusion regarding the shipping paper requirements of such shipments. Furthermore, this harmonizes the HMR with the ICAO Technical Instructions and avoids shipping paper discrepancies for international shipments.

Section 172.203

This section details additional description requirements that are required for certain shipments of hazardous materials. PHMSA is amending paragraph (i)(3) to cross reference the IBR § 171.7.

Section 172.301

This section details the general marking requirements for non-bulk packagings. Specifically, this section states what information (proper shipping name and identification number, technical names, consignee's or consignor's name, etc.) must be displayed on the outside of non-bulk packages. While the HMR requires that an identification number, preceded by “UN” or “NA” as appropriate, be marked on the outside of a non-bulk packaging a specific size of this marking is not specified.

In this final rule, PHMSA is adding specific size requirements for the “UN” or “NA” markings. These markings must be marked in characters at least 12 mm (0.47 inches) high, however, packages with a maximum capacity of 30 liters (7.92 gallons) ,30 kg (66 pounds), or cylinders with a maximum water capacity of 60 liters (16 gallons) must be marked with characters at least 6 mm (0.2 inches) high and packages having a maximum capacity 5 liters (1.32 gallons) or 5 kg (11 pounds) or less must be marked in a size appropriate for the size of the package.

PHMSA is adopting this minimum size marking for the “UN” or “NA” markings to align with newly adopted requirements in the 17th Revised Edition of the UN Model Regulations. PHMSA recognizes the importance of establishing a minimum size requirement for the internationally recognized “UN” identification number marking system. Without a minimum size requirement for hazard communication, shippers may mark packages in a format that makes it difficult for first responders to identify the commodity associated with a particular package.

In response to the NPRM, PHMSA received several comments concerning this proposed requirement. DGAC and Dow suggested extending the compliance date for this provision to January 1, 2017 to allow companies time to make the transition, and for the depletion of both finished product and prepackaged inventory that do not meet the requirements of the proposal.

Veolia noted that their company's propriety software produces markings that would not be in compliance with the proposed size limitations and that they would incur a cost to reprogram their system if the proposal is maintained. They further contended that in 20 years of displaying the marking they are unaware of any instances of the markings being questioned as being too small or illegible. Veolia requested that the minimum size requirement apply to international shipments only.

Stericycle and the HWI requested an exception to this marking requirement for dedicated carriers of regulated medical waste. These commenters stated that the proposed change would impose a significant cost on the industry. They requested an exception for the continued use of existing containers used to transport regulated medical waste and permanently marked with the applicable “UN” number.

PHMSA accepts that many packages are currently marked in a manner that may not in all cases meet the new minimum size standards. In response to the comments raised to the NPRM we will provide, for domestic transportation, a transition period to continue using non-bulk packagings displaying “UN” or “NA” number markings in accordance with the requirements in effect on October 1, 2011 (i.e., no minimum size), until January 1, 2017.

PHMSA maintains that there is benefit to harmonization in this case, and having a single standard outweighs the cost incurred by a company to revise its software and systems to produce compliant markings. The transition period for the continued use of the current markings in domestic transportation provides an opportunity for companies to revise their marking systems and maintain compliance. PHMSA is sympathetic to the assertion that the containers used to transport regulated medical waste are often permanently stamped with the “UN” number and the containers often have very long useful lives. Therefore PHMSA is also including an exception that allows packages that are permanently marked with the UN number (e.g., by embossing or through a heat stamp process) and are manufactured prior to January 1, 2017 to continue in service for the life of the container.

DGAC noted that while an inch conversion was provided in the preamble there is no inch conversion noted in the regulations text. This was an oversight and has been corrected in this final rule.

COSTHA questioned if the minimum size of the “UN” number markings should be dictated by the maximum capacity of the outer package or the inner packagings. COSTHA proposed an example package consisting of 2 inner packagings of 4 L each. Maximum capacity is defined in § 171.8 as “the maximum inner volume of receptacles or packagings.” A package containing 2 inner packagings with a maximum capacity of 4 L each would have a maximum capacity of 8 L, and thus would require a 6 mm minimum UN number marking.

It was also noted that the UNSCOE, at its 39th session, provided an exception from minimum marking size requirements for cylinders of 60 liters water capacity or less. PHMSA agrees that cylinder markings have historically been allowed provisions that would allow for smaller UN number markings than other non-bulk packages and is providing an exception for cylinders of 60 liters water capacity or less consistent with the recent UNSCOE exception.

Therefore, with the aforementioned transition period, exceptions, and note, PHMSA is specifying a marking size consistent with package marking sizes adopted in the 17th Revised Edition of the UN Model Regulations.

Section 172.312

Section 172.312 details the specific marking requirements for liquid hazardous materials in non-bulk packagings. Paragraph (a) of this section describes scenarios when package orientation arrows must be displayed on the outside of a package. Provided certain criteria are met, paragraph (c) excepts certain shipments from the requirements of paragraph (a) and thus, the requirement to display the package orientation arrows on the package. Currently § 173.312(c)(3) states that when offered or intended for transportation by aircraft, packages containing flammable liquids in inner packagings of 120 mL (4 fluid oz.) or less prepared in accordance with § 173.150(b) or (c) of this subchapter when packed with sufficient absorption material between the inner and outer packagings to completely absorb the liquid contents are not required to display the package orientation arrows on the outside of the package. The ICAO TI have been amended to extend this exception to the package orientation markings to all liquid hazardous materials in inner packagings of 120 mL (4 fluid oz.) when packed with sufficient absorption material between the inner and outer packagings to completely absorb the liquid contents. PHMSA is adopting this change, consistent with the amendment made to the ICAO TI to extend the exception for the display of the package orientation arrows to all liquid hazardous materials in inner packagings of 120 mL (4 fluid oz.) when packed with sufficient absorption material between the inner and outer packagings to completely absorb the liquid contents.

Section 172.407

This section provides label specifications. PHMSA is amending paragraph (f) to include a cross reference to the IBR § 171.7.

Section 172.604

Section 172.604 prescribes emergency response telephone number requirements. Paragraph (d) of this section provides a listing of materials that are excepted from the requirement to provide an emergency response telephone number on a shipping document.

PHMSA is adding “Krill Meal, PGIII” to the list of materials excepted from the emergency response telephone number requirements. Krill meal poses similar hazards to fish scrap and meal; therefore, we are providing Krill meal with the same exception from the emergency response telephone number requirements as fish scrap and meal.

Part 173

Part 173 of the HMR describes the general requirements for shipments and packagings of hazardous materials. Consistent with amendments adopted by the UN Model Regulations, PHMSA is adopting changes throughout the Part 173 packaging requirements to authorize more flexibility when choosing packages for hazardous materials. Specifically PHMSA is authorizing the use of the following packaging types and materials:

The specific packaging requirements for Class 1 explosive materials are specified in § 173.62. In this final rule PHMSA is revising § 173.62 to authorize wood as an appropriate material used to construct receptacles, inner and outer intermediate packagings, and intermediate packagings/dividing partitions for certain explosives. Furthermore, PHMSA is authorizing the use of metals other than steel or aluminum in specification packagings, specifically drums (1N1 or 1N2) and boxes (4N), as appropriate. This authorization does not include chlorosilanes under § 173.206 because of corrosion concerns. Otherwise, it authorizes the use of closed head drums where open head drums are generally permitted. PHMSA believes these amendments provide greater flexibility in packaging while maintaining an equivalent level of safety.

Consistent with amendments adopted by the ICAO Technical Instructions, PHMSA is adopting changes in various sections on Part 173 where certain articles, items, and materials are excepted from the requirements of the subchapter. There is a potential for these excepted articles, items, and materials to be inappropriately carried aboard an aircraft by passengers or crewmembers. The changes will address this concern by clarifying that certain excepted articles, items and materials, identified by ICAO as posing a safety risk, must be transported as cargo and cannot be carried onboard an aircraft by passengers or crewmembers as carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10, “Exceptions for Passengers, Crewmembers, and Air Operators.” The amended sections include §§ 173.159a, 173.162, 173.164, 173.175, 173.219, and 173.306. For UN3166 and UN3268, Special Provision A200 is created to communicate this requirement and a reference to special provision A200 is placed in column 7 of the HMT for these entries. In response to the NPRM, COSTHA and Mercotac, suggested changes to regulatory text language to eliminate confusion that these items may only be able to be transported as cargo. PHMSA has revised the language in §§ 173.159a, 173.162, 173.175, 173.219, and 173.306 to be consistent with the language in special provision A200 that these excepted articles, items and materials must be transported as cargo and cannot be carried onboard an aircraft by passengers or crewmembers as carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10.

PHMSA received one comment from the FCHEA requesting that we amend § 175.10(a)(19) to allow fuel cell cartridges containing flammable gas in division 2.1 and fuel cells containing water reactive materials in division 4.3 in checked passenger baggage. PHMSA did not propose changes to the provisions allowing for the checking limited types of fuel cells in the NPRM, and consider this request to be outside the scope of this rulemaking.

Section 173.4b

This section specifies exceptions for materials packaged in de minimus quantities. In the NPRM, PHMSA proposed and is subsequently adopting in this final rule, an exception in § 175.10(a)(22) to permit non-infectious specimens packaged in accordance with § 173.4b(b) to be carried aboard an aircraft by passengers and crewmembers in checked or carry-on baggage or on their person. In the NPRM we inadvertently neglected to revise the language in § 173.4b(b)(8) to recognize this exception. In this final rule, PHMSA is revising § 173.4b(b)(8) to reference the adopted exception in § 175.10(a)(22).

Section 173.12

This section specifies the exceptions for shipment of waste materials including the requirements for waste packages known as “lab packs.” A lab pack, although not specifically defined in § 171.8, is considered a large outer packaging containing small inner packagings that are filled with various compatible laboratory hazardous wastes. Paragraph (b) of this section specifies the authorized inner and outer packagings for lab packs.

In this final rule, PHMSA is revising paragraph (b)(2)(ii)(a) of this section by adding 1N2 metal drums to the permitted outer packagings currently authorized for a lab pack.

Section 173.21

Section 173.21 prescribes materials and packages forbidden for transport. In this final rule, PHMSA is correcting the IMDG Code section reference to control temperature requirements in § 173.21(f)(3)(ii) from 7.7 to 7.3.7.

Section 173.37

Currently, the HMR does not include a section that prescribes general requirements for packaging hazardous materials in Flexible Bulk Containers (FBCs). In this final rule, PHMSA is adding such requirements in new § 173.37 in a similar format to the general requirements for other bulk and large packagings (e.g., portable tanks, IBCs, etc.) in subpart B of part 173. This section includes, but is not be limited to, requirements addressing the initial use and reuse of FBCs, capacity requirements and general transport conditions. Consistent with the use and reuse requirements of other large and bulk packagings, the general requirements in part 173 complement the construction and manufacture specifications for such bulk packagings in part 178 of the HMR.

PHMSA is authorizing the reuse of FBCs. The FBC must be given a visual examination prior to reuse. Furthermore, the general requirements for FBCs specify that FBCs must be transported in a conveyance with rigid sides and ends that extend at least two-thirds the height of the FBC, must not be offered for transportation in freight containers, and may not exceed 15 cubic meters in capacity.

Section 173.50

Section 173.50 provides definitions for the various divisions of Class 1 (explosives) referenced in Subpart C of Part 173. Paragraph (b) of this section notes that Class 1 (explosives) are divided into six divisions. Division 1.6 is described as an explosive consisting “of extremely insensitive articles that do not have a mass explosive hazard. This division is comprised of articles that contain only extremely insensitive detonating substances and that demonstrate a negligible probability of accidental initiation or propagation.”

In this final rule, PHMSA is removing the word “detonating” from this definition to align with the revised definition provided in the 17th Revised Edition of the UN Model Regulations.

Section 173.56

Section 173.56 prescribes the definition of new explosives and provides explosive (Class 1) classification and approval requirements. Paragraph (h) of § 173.56 states that small arms ammunition, within certain parameters is not subject to the approval requirements of the rest of § 173.56.

PHMSA received a comment from SAAMI requesting that PHMSA amend § 173.56 to except Cases, cartridge, empty with primer and Cartridges for tools, blank from the approval requirements of § 173.56. SAAMI noted that for Cartridges for tools, blank the switch from UN 0323 to UN 0014 could necessitate new EX approvals for products which are essentially identical to those already exempted. SAAMI noted that Cases, cartridge, empty with primer refers to small arms cartridges with no bullet or propellant but with a primer, just an empty primed case. SAAMI stated that Cases, cartridge, empty with primer of 50 caliber or less clearly meet the intent and equivalent level of safety to products already referenced in 173.56(h).

PHMSA is amending § 173.56(h) to ensure Cartridges for tools, blank that meet the conditions of that paragraph are excepted from the requirements of the rest of this section. PHMSA believes this to be a natural extension of the intent of the exception in § 173.56(h) as well as a necessary domestic change that is a direct result of international rulemaking.

PHMSA will not be adding Cases, cartridge, empty with primer to § 173.56(h). PHMSA believes Cases, cartridge, empty with primer to be materially different from those articles currently authorized for the exception in § 173.56(h). The proposed addition of Cases, cartridge, empty with primer to § 173.56(h) is also not a direct result of international rulemaking and this rulemaking vehicle is not suited for such a proposal.

Section 173.59

Section 173.59 provides definitions of explosive terms related to the transport and classification of explosives used throughout subpart C of part 173. These definitions are intended for information only and are not to be used for purposes of classification or to replace proper shipping names prescribed in § 172.101. In the UN Model Regulations, Appendix B to Chapter 3 contains a similar list of explosive definitions which are also intended for information only and are not to be used for purposes of hazard classification.

In April 2010, the United States and the United Kingdom submitted a formal document regarding proposed modifications to the UN test series 7 for consideration by the UN Subcommittee of Experts on the Transport of Dangerous Goods. Test series 7 is used to classify explosives into the appropriate class. This paper sought to modify the test series 7 to more accurately address the classification of Division 1.6. Specifically, Division 1.6 is for extremely insensitive detonating articles and the proposed changes in the US/UK paper are designed to ensure that the probability of accidental initiation or propagation of an article attaining this division remains negligible.

In the 17th Revised Edition of the UN Model Regulations, the proposals presented in the US/UK paper regarding the UN test series 7 were adopted. Among the adopted proposals was the addition of various explosive specific definitions referencing the modifications to the UN test series 7. In this final rule, we are revising the various definitions prescribed in § 173.59. Specifically, we revised the definition for “Articles, explosive, extremely insensitive (Articles, EEI)” by removing the word “detonating” and adding the words “tools” after “starter pistols” in the definition for “Cartridges, blank.” We also replaced the definition for “Explosive, extremely insensitive detonating substances (EIDS)” with a new definition for “Explosive, extremely insensitive substances (EIS).” Lastly, we added a definition for “Auxiliary explosive component, isolated.” The addition of and revisions to these definitions provide consistency with international regulations and clarity when utilizing the UN test series 7 for explosive classification.

PHMSA received one comment form SAAMI that requested we revise the proposed definition of Cartridges, blank. The definition proposed by SAAMI was “Cartridges, blank. Articles that consist of a cartridge case with a center or rim fire primer, with or without a confined charge of smokeless or black powder, but with no projectile. Used in training, saluting, or in starter pistols, tools, etc.” SAAMI's proposal would remove the requirement for Cartridges, blank to contain a confined charge of smokeless powder. This SAAMI proposed definition is not consistent with the UN adopted definition for Cartridges, blank. Additionally adopting the definition proposed by SAAMI may conflict with the standing definition for Cases, cartridge empty with, primer. For the aforementioned reasons, PHMSA is adopting the definition as proposed in the August 15, 2012 NPRM.

Section 173.62

Section 173.62 prescribes the specific packaging requirements for explosives. These packaging requirements stipulate the permitted inner, intermediate, and outer packagings as well as any specific additional packaging information. These packaging requirements are generally aligned with the requirements stipulated in the UN Model Regulations.

In this final rule, PHMSA is revising various packaging provisions in the “Table of Packing Methods” in this section to align with changes adopted in the 17th Revised Edition of the UN Model Regulations. The revisions to the authorized packaging methods provide greater flexibility when packaging explosives while retaining an appropriate level of safety. These changes include, but are not limited to, permitting various explosives to be transported in closed head drums in addition to the already permitted removable head drums and adding the option to utilize wooden inner and intermediate packagings in various packaging provisions.

Section 173.63

Section 173.63 provides packaging exceptions for specific types of low hazard explosive materials including certain detonators, small arms ammunition and detonating cord. PHMSA received one comment from SAAMI requesting that PHMSA clarify its intent to allow these articles to display either the ground limited quantity mark or the air limited quantity mark regardless of the mode of transport.

In this final rule PHMSA is clarifying the language in § 173.63(b)(2) to clearly state that a limited quantity of 1.4S material may be marked with either the surface or the air limited quantity marking regardless of mode of transport. However, PHMSA also notes that in October of 2012 the ICAO Dangerous Goods Panel Working Group of the Whole (DGP-WG/12) considered, but did not adopt, a proposal to authorize limited quantities of certain 1.4S articles. DGP-WG/12 did note that packages bearing the limited quantity marking of other modes could still be accepted for air transport provided all additional requirements of the ICAO Technical Instructions were met. As a result of the DGP-WG/12 decision PHMSA and FAA believe retaining the option to display the air limited quantity marking by all modes may result in confusion and potentially frustrate shipments of packages that display the air limited quantity marking in air transit.

As a result of the recent DGP-WG/12 decision PHMSA and FAA plan to consider removing the authorization to display the air limited quantity marking for limited quantity materials packaged in accordance with § 173.63(b)(2) in a future rulemaking, as such a change was not proposed in the NPRM to this final rule.

PHMSA received one comment from SAAMI requesting that the recent UN assignment of limited quantity packaging authorizations to Cases, cartridges, empty with primer (UN0055) be extended to this commodity in the HMR. PHMSA agrees and has made the relevant text changes to § 173.63. SAAMI also commented that the ORM-D entries removed from the table should be left until the expiration of the transitional period for their use. PHMSA agrees and has inserted those proper shipping names back into § 173.63.

Section 173.115

Section 173.115 prescribes the definitions for Class 2 materials. Paragraph (k) of this section specifies how the oxidizing ability of certain Division 2.2 gases is determined. Currently, the HMR references ISO standards that include test and calculations used to determine the oxidizing ability of certain Division 2.2 gases. The UN Model Regulations and the ICAO Technical Instructions replace references to ISO standards 10156:1996 and 10156-2:2005 with the updated version ISO 10156:2010.

Based on its technical review, PHMSA believes the updated standard provides an adequate level of safety and is referencing the standard in this section and adding it to the list of IBR materials in § 171.7.

Section 173.121

Section 173.121 prescribes the requirements for selection of packing groups for Class 3 flammable liquids. Paragraph (b) of this section describes the criteria for inclusion of viscous Class 3 materials in Packing Group III.

ICAO adopted requirements in the Technical Instructions that increased the quantity of viscous Class 3 flammable liquids permitted reclassification from Packing Group II to Packing Group III from 30 L (7.9 gal) per package to 100 L (26.42 gal) per package when offered for transport by cargo aircraft.

In this final rule, PHMSA is expanding the per package amounts of viscous Class 3 material meeting the requirements in § 173.121(b). The increase will facilitate multi-modal transportation by permitting shipments offered by highway, rail, and cargo-carrying aircraft to utilize the same 100 L criteria.

Section 173.134

Provisions contained in the UN Model Regulations, Chapter 2.6, Class 6—Toxic and Infectious Substances, relating to the transportation of medical devices and equipment, have been amended to except medical equipment which has been drained of free liquid from the requirements of the UN Model Regulations. In addition, except for medical devices or equipment being transported for disposal, or medical devices or equipment contaminated with or suspected of contamination with a Category A infectious substance, the UN Model Regulations have been amended to exempt medical devices or equipment potentially contaminated with or containing infectious substances which are being transported for disinfection, cleaning, sterilization, repair or equipment evaluation from all other requirements of the UN Model Regulations, provided they meet certain packaging requirements.

PHMSA is amending § 173.134, “Class 6, Division 6.2—Definitions and Exceptions” by adopting the additional exemptions for medical devices and equipment.

Section 173.158

Section 173.158 prescribes packaging requirements for nitric acid mixtures of varying concentrations. PHMSA is revising the list of outer packagings permitted for nitric acid mixtures of varying concentrations.

Specifically, PHMSA is revising paragraph (d)(2) by adding 1N2, 4A, 4B and 4N packagings to the list of authorized outer packagings of combination packages for Nitric acid of 90 percent or greater concentration, when offered for transportation or transported by rail, highway, or water, in addition to the packaging options currently authorized.

PHMSA is also revising paragraph (e) of this section pertaining to nitric acid of less than 90 percent concentration, when offered for transportation or transported by rail, highway, or water. Specifically, this paragraph is revised to permit packagings of specification 4A, 4B, or 4N metal boxes for certain nitric acid concentrations.

Further, PHMSA is revising paragraphs (f)(3), (g) and (h) by adding specification 1N2, 4A, 4B and 4N packagings to the list of authorized outer packagings of combination packagings for Nitric acid of the following concentrations; (1) Nitric acid of 70 percent or less concentration, when offered for transportation or transported by rail, highway, or water; (2) Nitric acid of more than 70 percent concentration, when offered for transportation or transported by cargo aircraft only; and (3) Nitric acid of less than 70 percent concentration, when offered for transportation in cargo aircraft only.

The addition of these packaging options will increase flexibility for shippers when determining the appropriate packaging for nitric acid mixtures, in addition to the packaging options currently authorized.

Section 173.159a

Section 173.159a provides exceptions for non-spillable batteries. Paragraph (d) of this section excepts non-spillable batteries from the requirements of the HMR provided certain criteria, including specific packaging requirements and the absence of free-flowing liquid in the battery, are met.

In this final rule, PHMSA is clarifying paragraph (d) of this section by adding a new subparagraph (d)(3) stating that “for transport by aircraft, must be transported as cargo and may not be carried onboard an aircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10.” This clarification will align the HMR with the previously discussed changes made to the ICAO TI with regard to the air transport of non-spillable batteries that are excepted from the HMR.

Section 173.160

Section 173.160 prescribes packaging requirements for “Bombs, smoke, non-explosive” when shipped without ignition devices. PHMSA is revising the list of packagings permitted for “Bombs, smoke, non-explosive” shipped without ignition devices. Specifically, PHMSA is adding the authorization to use metal (4A, 4B, and 4N), fiberboard (4G) or solid plastic (4H2) boxes, or metal (1A2, 1B2, and 1N2), plastic (1H2), plywood (1D), or fiber (1G) drums.

Section 173.162

Section 173.162 prescribes the packaging requirements for “UN2803, Gallium.” PHMSA is revising paragraph (a)(1), to permit both open and closed steel, metal, other that steel and aluminium drums (1A1, 1N1, 1N2, 1H1, 3A2 or 3H2) in addition to the packaging options currently authorized.

Further, PHMSA is revising paragraph (a)(2), to permit metal, other than steel or aluminium (4N) boxes; metal, other than steel or aluminium drums (1N1, 1N2); and plastic drums (1H1 or 1H2) in addition to the packaging options currently authorized.

In addition, PHMSA is clarifying paragraph (c) by stating that “for transport by aircraft, must be transported as cargo and may not be carried onboard an aircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10.” This clarification will align the HMR with the previously discussed changes adopted in the ICAO Technical Instructions regarding the air transport of gallium otherwise excepted from the HMR.

Section 173.164

Section 173.164 prescribes the packaging requirements for Mercury (metallic and articles containing mercury). In this final rule, PHMSA is revising paragraph (a)(1), to permit steel drums; metal, other that steel and aluminum drums (1A1, 1N1, 1N2) and metal, other than steel or aluminum boxes (4N), in addition to the packaging options currently authorized in paragraphs (a), (b) and (c).

Paragraph (f) is added to provide an exception to the requirements of the HMR for vessel transport of manufactured articles or instruments containing less than 0.45 kg (1.0 pound) of mercury. This exception is inserted to mirror an existing IMDG Code provision and harmonize the requirements for vessel shipments of mercury contained in manufactured articles as much as possible.

In addition, PHMSA is clarifying paragraphs (a)(5), (b), and (c)(2) of this section by adding the phrase “when transported as cargo.” This clarification will align the HMR with the previously discussed changes adopted in the ICAO Technical Instructions regarding the air transport of manufactured articles containing mercury otherwise excepted from the HMR.

Section 173.165

Section 173.165 prescribes the transport and packaging requirements for polyester resin kits. PHMSA is revising § 173.165 to better align the packaging and other requirements for UN3269, Polyester resin kits with the various international modal standards. These amendments correct inconsistencies adopted in a final rule published in the Federal Register on January 19, 2011 (76 FR 3308; HM-215K).

Section 173.175

Section 173.175 prescribes the transport and packaging requirements for permeation devices. Currently, permeation devices containing hazardous materials that are used for calibrating air quality monitoring devices are not subject to the HMR provided they meet specific requirements that include packaging, quantity limitations, testing, and transport controls.

PHMSA is adding a new paragraph (g) stating that “for transport by aircraft, must be transported as cargo and may not be carried onboard an aircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10.” This clarification aligns the HMR with changes adopted in the ICAO Technical Instructions regarding the air transport of permeation devices that are otherwise excepted from the HMR.

Section 173.176

Electric double layer capacitors are devices that store but do not produce electrical energy. They contribute to increased fuel efficiency in many alternative energy solutions such as hybrid vehicles. Some double layer capacitors contain flammable liquid absorbed in a solid with small amounts present as free liquid while others use a liquid electrolyte. Currently, the HMR do not contain specific requirements to address the transport of electric double layer capacitors.

New Section 173.176 addresses electric double layer capacitors, prescribing the testing, marking, safety, and packaging requirements for electric double layer capacitors with an energy storage capacity greater than 0.3 Wh. PHMSA is incorporating these requirements consistent with the 17th Revised Edition of the UN Model Regulations. These amendments address potential electrical and other hazards arising from the release of hazardous materials during the transportation of these articles.

Section 173.181

Section 173.181 prescribes the non-bulk packaging requirements applicable to pyrophoric liquids. Paragraph (b) of this section specifies the specification boxes authorized to package these substances. PHMSA is revising paragraph (b) by adding packaging authorizations for steel boxes (4A), aluminum boxes (4B), metal boxes, other than steel or aluminum (4N), or fiberboard boxes (4G); steel drums (1A1 or 1A2), aluminum drums (1B1 or 1B2), metal drums, other than steel or aluminum (1N1 or 1N2), plywood drums (1D), or fiber drums (1G); or steel jerricans (3A1 or 3A2) or aluminum jerricans (3B1 or 3B2).

Section 173.183

Section 173.183 prescribes the packaging requirements for nitrocellulose base film. To provide greater flexibility in packaging selection, PHMSA is adding other metal drums (4A2), aluminum jerricans (3B2), and steel, aluminum or other metal (4A, 4B, 4N) boxes, to the list of authorized packagings.

Section 173.184

Section 173.184 provides the definition and packaging requirements for highway or rail fusees. To provide greater flexibility in packaging selection, steel (1A2), aluminum (1B2) or other metal (1N2) drums; steel (3A2) or aluminum (3B2) jerricans; and steel (4A), aluminum (4B) or other metal (4N) boxes are added to the list of authorized packagings.

Section 173.186

Section 173.186 provides definitions and packaging requirements for various types of matches. To provide greater flexibility in packaging selection, PHMSA is adding packaging options to the list permitted for strike-anywhere matches specified in paragraph (f) of this section. Specifically steel drums (1A1 or 1A2), aluminum drums (1B1 or 1B2), other metal drums (1N1, 1N2), steel jerricans (3A1, 3A2), aluminum jerricans (3B1, 3B2), steel (4A), aluminum (4N) and other metal (4N) boxes are added to the list of authorized packagings.

Section 173.187

Section 173.187 prescribes the packaging requirements for pyrophoric solids, metals or alloys, n.o.s. To provide greater flexibility in packaging selection, PHMSA is adding packaging options to the list permitted for pyrophoric solids, metals or alloys, n.o.s. specified in paragraph (a) and (d) of this section. Specifically, steel, aluminum or other metal boxes (4A, 4B or 4N) are added to the list of authorized packagings in paragraph (a). In addition, steel, aluminum or other metal drums (1A1, 1A2, 1B1, 1B2, 1N1 or 1N2) are added to the list of authorized packagings in paragraph (d).

Section 173.188

Section 173.187 prescribes the packaging requirements for white and yellow phosphorus. To provide greater flexibility in packaging selection, steel, aluminum or other metal boxes (4A, 4B or 4N) are added to the list of authorized packagings in paragraph (a)(1). In addition, PHMSA is adding steel, aluminum or other metal drums (1A1, 1B1 or 1N1) not over 250 L (66 gallons) capacity each and steel, aluminum or other metal drums (1A2, 1B2, or 1N2) not over 115 L (30 gallons) capacity each, to the list of authorized packagings in paragraph (a)(2).

Section 173.189

Section 173.189 prescribes the packaging and transport requirements for batteries containing sodium or cells containing sodium. To provide greater flexibility in packaging selection, PHMSA is adding 1N2, 4A, 4B, 4N, 4H1, 3A2, 3B3 and 3H2 outer packagings to the list of authorized outer packagings in paragraph (b).

Section 173.193

Section 173.193 prescribes the packaging requirements for bromoacetone, methyl bromide, chloropicrin and methyl bromide or methyl chloride mixtures. To provide greater flexibility in packaging selection, metal boxes (4A, 4B or 4N) are added to the list of authorized outer packagings in paragraph (a).

Section 173.194

Section 173.194 prescribes the packaging requirements for gas identification sets. To provide greater flexibility in packaging selection, metal boxes (4A, 4B or 4N) are added to the list of authorized outer packagings in paragraphs (b)(1) and (b)(2).

Section 173.196

Section 173.196 prescribes the packaging requirements for Category A infectious substances. To provide greater flexibility in packaging selection, PHMSA is adding drums (1A1, 1A2, 1B1, 1B2, 1N1, 1N2, 1H1, 1H2, 1D, 1G); boxes (4A, 4B, 4N, 4C1, 4C2, 4D, 4F, 4G, 4H1, 4H2); or jerricans (3A1, 3A2, 3B1, 3B2, 3H1, 3H2) as examples of the types of authorized “rigid outer packaging” referenced in paragraph (a)(3).

Section 173.199

Section 173.199 prescribes the packaging requirements for category B infectious substances. Paragraph (d) of this section provides the requirements for refrigerated or frozen specimens in ice, dry ice or liquid nitrogen. These provisions include the requirement to secure secondary packages.

Consistent with an editorial amendment to Packing Instruction P650 in the 17th Revised Edition of the UN Model Regulations, PHMSA is removing the language “position after the ice or dry ice has dissipated” from the requirements to secure secondary packages.

Section 173.201

Section 173.201 prescribes the authorized non-bulk packagings for liquid hazardous materials in packing group I. To provide greater flexibility in packaging selection, PHMSA is adding “Metal box other than steel or aluminum: 4N” to authorized outer packagings of combination packagings listed in paragraph (b) of this section.

Section 173.202

Section 173.202 prescribes the authorized non-bulk packagings for liquid hazardous materials in packing group II. To provide greater flexibility in packaging selection, PHMSA is adding “Metal box other than steel or aluminum: 4N” to the authorized outer packagings of combination packagings indicated in paragraph (b).

Section 173.203

Section 173.203 prescribes the authorized non-bulk packagings for liquid hazardous materials in packing group III. To provide greater flexibility in packaging selection, PHMSA is adding “Metal box other than steel or aluminum: 4N” to the authorized outer packagings of combination packagings indicated in paragraph (b).

Section 173.211

Section 173.211 prescribes the authorized non-bulk packagings for hazardous materials in packing group I. To provide greater flexibility in packaging selection, PHMSA is adding “Metal box other than steel or aluminum: 4N” to the authorized outer packagings of combination packagings indicated in paragraph (b) and the single packagings authorized in paragraph (c).

Section 173.212

Section 173.212 prescribes the authorized non-bulk packagings for hazardous materials in packing group II. To provide greater flexibility in packaging selection, PHMSA is adding “Metal box other than steel or aluminum: 4N” to authorized outer packagings of combination packagings indicated in paragraph (b). Further, we are adding “Metal box other than steel or aluminum: 4N” and “Metal box other than steel or aluminum with liner: 4N” to authorized single packagings permitted in paragraph (c) of this section.

Section 173.213

Section 173.213 prescribes the authorized non-bulk packagings for hazardous materials in packing group III. To provide greater flexibility in packaging selection, PHMSA is adding “Metal box other than steel or aluminum: 4N” to the authorized outer packagings of combination packagings indicated in paragraph (b). Further, we are adding “Metal box other than steel or aluminum: 4N” and “Metal box other than steel or aluminum with liner: 4N” to the single packagings authorized in paragraph (c).

Section 173.219

Section 173.219 prescribes the transport conditions and packaging requirements for life saving appliances. Paragraph (b) of this section provides a list of hazardous materials that a life-saving appliance is permitted to contain as well as other transport requirements. Currently, the transport conditions specified in paragraph (b)(1) of this section specify that Division 2.2 compressed gases, including oxygen are permitted; however, oxygen generators are not. In this final rule, PHMSA is broadening the materials permitted in life-saving appliances by modifying paragraph (b)(1) to include liquefied gases as well.

Paragraph (c) of this section prescribes the packaging requirements and exceptions provided for life saving appliances. Subsequent changes are proposed to paragraph (c)(1) of this section to reflect this inclusion of liquefied gases discussed previously. Furthermore, paragraph (c)(5) currently states that, for other than transportation by aircraft, life-saving appliances containing no hazardous materials other than carbon dioxide with a capacity not exceeding 100 cm³ are not subject to the provisions of this subchapter provided they are overpacked in rigid outer packagings with a maximum gross mass of 40 kg. In this final rule, PHMSA is revising the exception in (c)(5) by replacing the language “carbon dioxide” with “cylinders of Division 2.2 compressed or liquefied gases with no subsidiary risk,” and the quantity limit “100 cm³” with “120 mL, installed solely for the purpose of activating the appliance.”

In addition, we are further clarifying paragraph (c)(5) of this section by adding the statement, “For transportation by aircraft, such appliances must be transported as cargo and may not be carried onboard an aircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10.” This clarification aligns the HMR with the recently adopted changes in the ICAO Technical Instructions regarding the air transport of life saving appliances that would otherwise be excepted from the HMR.

Section 173.220

Section 173.220 prescribes packaging requirements for internal combustion engines, self-propelled vehicles, mechanical equipment containing internal combustion engines, battery-powered equipment or machinery, fuel cell-powered equipment or machinery. In this rule PHMSA is amending paragraph (d) to cross reference the IBR § 171.7.

Section 173.221

Section 173.221 prescribes the non-bulk packaging requirements for Polymeric beads (or granules), expandable, evolving flammable vapor and Plastic molding compound in dough, sheet or extruded rope form, evolving flammable vapor. PHMSA is adding the following packaging authorizations: metal (4A, 4B, or 4N), and plastic (4H1 or 4H2) drums, and 1N1, 1N2 drums in vapor tight metal or plastic jerricans (3A1, 3A2, 3B1, 3B2, 3H1, or 3H2). PHMSA is also adding a paragraph to the section that reference the reader to a newly created § 176.907 for cargo transport and hazard communication marking requirements for shipments of Polymeric beads expandable, evolving flammable vapor and Plastic molding compound in dough, sheet or extruded rope form, evolving flammable vapor when transported by vessel. These changes address the safety hazard presented by shipments of polymeric beads or plastic molding compounds off-gassing flammable vapors during vessel transport. See Section 176.907 for a detailed discussion of our addition of these vessel cargo transport requirements.

Section 173.225

Section 173.225 prescribes the packaging requirements and other provisions for organic peroxides. Packaging requirements for organic peroxides are very specific and include requirements for the concentration by mass permitted, diluents percentage, water mass, temperature controls and organic peroxide specific packing methods.

Paragraph (c) of this section contains and describes the organic peroxide table and how specific organic peroxides are to be transported. In addition, paragraph (e) contains a separate table that prescribes the packaging requirements for organic peroxides packaged in IBCs. As self-insulating hazardous materials, organic peroxides can pose different risks when transported in larger quantities. Thus, a separate table unique to the transport of these substances in IBCs is contained in the HMR. The “Organic Peroxide IBC Table” includes maximum quantities permitted to be packaged and any temperature and emergency controls.

The organic peroxides tables in paragraphs (c) and (e) specify by technical name those organic peroxides that are authorized for transportation and not subject to the approval provisions of § 173.128. An organic peroxide identified by technical name is authorized for transportation only if it conforms to all applicable provisions of these tables. In this final rule, we are amending the Organic Peroxides Tables in § 173.225 by adding new entries and revising current entries to account for new organic peroxides and formulations that are commercially available.

The following entries are added in the § 173.225(c) organic peroxides table:

UN3106, “([3R-(3R,5aS,6S,8aS,9R,10R,12S,12aR**)]-Decahydro-10methoxy-3,6,9-trimethyl-3,12-epoxy-12H-pyrano[4,3-j]-1,2-benzodioxepin)”

UN3110, “3,6,9-Triethyl-3,6,9-trimethyl-1,4,7-triperoxonane”

UN3119, “Di-(3,5,5-trimethylhexanoyl) peroxide”

The following current entries in the § 173.225(c) organic peroxides table are amended:

UN3115, “Diisopropyl peroxydicarbonate”

UN3115, “Di-(3,5,5-trimethylhexanoyl) peroxide”

The following entries are added to the § 173.225(e) Organic Peroxide IBC Table:

UN3119 “Diisobutyryl peroxide, not more than 28% as a stable dispersion in water”

UN3119, “Diisobutyryl peroxide, not more than 42% as a stable dispersion in water”

The following entries are amended in the § 173.225(e) Organic Peroxide IBC Table:

UN3119 “Di-(3,5,5-trimethylhexanoyl) peroxide, not more than 38% in diluent type A”

UN3119 “1,1,3,3-Tetramethylbutyl peroxyneodecanoate, not more than 52%, stable dispersion, in water”

Section 173.226

Section 173.226 prescribes the packaging requirements for Materials poisonous by inhalation, Division 6.1, Packing Group I, Hazard Zone A. Specifically, this section authorizes the transport of Materials poisonous by inhalation, Division 6.1, Packing Group I, Hazard Zone A in specification cylinders, specification drums packaged further in specification drums and combination packages. PHMSA is revising the requirements of paragraph (c) by adding an authorization to package such materials in “Metal box other than steel or aluminum: 4N” drums. In addition, PHMSA is correcting an editorial error by replacing the incorrect wording “Expanded plastic box: 4H2” with the correct wording “Expanded plastic box: 4H1.”

Section 173.230

Section 173.230 prescribes the transport requirements for fuel cell cartridges containing hazardous material. Paragraph (e) of this section prescribes the packaging requirements for fuel cell cartridges containing hazardous material. Furthermore, paragraph (e)(2)(ii) notes that “Fuel cell cartridges contained in equipment must be protected against short circuits and the entire fuel cell system must be protected from unintentional activation. The equipment must be securely cushioned in the outer packaging.” As currently stated in the HMR, this requirement may imply that only fuel cell cartridges contained in equipment, not the fuel cell system, would have to be protected against short circuits. This is not the intent of this requirement. Therefore, PHMSA is clarifying that the entire fuel cell system must be protected against short circuits and unintentional activation.

Section 173.240

Section 173.240 prescribes the bulk packagings authorized for certain low hazard solid materials. As discussed previously, PHMSA is adopting flexible bulk container provisions throughout the HMR.

In this section, PHMSA is adding paragraph (f) that authorizes the use of FBCs for certain low hazard solid materials. Specifically, paragraph (f) permits the use of FBCs if B120 is indicated in Column (7) of the specific entry in § 172.101 HMT and the FBC conforms to the requirements in subparts R and S of part 178 of the HMR. Furthermore, paragraph (f) notes that FBCs may not be used for Packing Group I or II hazardous materials. Only select low hazard solid materials are authorized for transport in FBCs. The use of FBCs for the transportation of an HMT entry not assigned special provision B120 is prohibited.

Section 173.301b

Section 173.301b provides additional general requirements for shipment of UN pressure receptacles. Recent international adoption of this standard leads PHMSAto incorporate by reference ISO 13340:2001(E) Transportable gas cylinders—Cylinder valves for non-refillable cylinders—Specification and prototype testing, First edition, 2004-04-01, and require all non-refillable UN pressure receptacle valves to be in compliance with this standard.

Section 173.306

Section 173.306 prescribes the exceptions for limited quantities of compressed gases including aerosols. Paragraph (a) of this section prescribes the general requirements for limited quantities of compressed gases while paragraph (j) specifically addresses aerosols and receptacles small, containing gas, with a capacity of less than 50 mL.

In this final rule, we are revising paragraph (j) to note that aerosols conforming to this paragraph, when offered for transportation by air, must be transported as cargo and may not be carried onboard an aircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10. This clarification aligns the HMR with the previously discussed changes adopted in the ICAO Technical Instructions regarding the air transport of aerosols that are otherwise excepted from the HMR.

Section 173.313

Section 173.313 contains instructions for UN portable tanks and the table for liquefied compressed gases. The UN Portable Tank Table for Liquefied Compressed Gases is referenced in § 172.102(c)(7)(iii) of the HMR for portable tanks used to transport liquefied compressed gases.

Chemical manufacturers throughout the world are currently supplying pressurized products contained and transported in gas cylinders. The products are liquids or solids such as adhesives, coatings and cleaners combined with a gas or gas mixtures in pressure receptacles under sufficient pressure to expel the contents. These mixtures are typically expelled from the pressurized receptacles as foams, streams or thick sprays. Under the current HMR these types of products are classified as liquefied gases and transported in accordance with the applicable sections for the liquefied gases in which they are classified. A typical product however is a combination of a propellant (gas phase) and a liquid or solid component, and therefore the term liquefied gas does not correctly reflect the contents. As they are not filled in aerosol dispensers and as the receptacles used exceed the volume limitations for aerosols, they may not be transported as aerosols. The United Nations Sub-Committee of experts on the Transportation of Dangerous goods agreed to create new entries (UN numbers) for these products to address their unique characteristics and corresponding regulations to address the safe transport of such materials.

In this final rule, we are adopting entries in the HMT for various chemicals under pressure and the corresponding packaging provisions. We are modifying § 173.313 to include the packaging requirements for chemicals under pressure transported in portable tanks. Specifically, we are revising the section title, introductory test, and table name to reflect that chemicals under pressure are addressed in this section. We are also adding table entries for identification numbers UN3500, UN3501, UN3502, UN3503, UN3504 and UN3505. Lastly, we are correcting the maximum filling density for UN3220.

The addition of packaging requirements specific to chemicals under pressure will ensure that an appropriate level of safety is achieved for these unique materials. PHMSA participated in, and concurs with, the discussions and decisions regarding the packagings selected for these materials. The packagings adopted by the UN, ICAO and IMO provide an appropriate level of safety for these materials and, thus, PHMSA is adopting similar packagings in the HMR. Furthermore, aligning with international packaging standards facilitates the movement of these materials both domestically and internationally.

Section 173.316

Section 173.316 provides the requirements for cryogenic liquids contained in cylinders. Specifically, the HMR requires each cylinder containing cryogenic liquids be equipped with one or more pressure relief devices.

PHMSA is revising § 173.316, “Cryogenic Liquids in Cylinders” to include a requirement consistent with the UN Model Regulations that all pressure relief device inlets must under maximum filling conditions be situated in the vapor space of the closed cryogenic receptacle and the devices must be so arranged as to ensure that the escaping vapor is discharged unobstructed.

This requirement will enhance safety by assisting in the proper function of the pressure release devices. Further, it will prevent unsafe conditions in transport if the liquid form of the gas were released through the pressure release device. For instance, if the gas released is a Division 2.1 (flammable) gas or a Division 2.3 (poisonous) gas, it will reduce the opportunity for the released liquid form of the gas to create an asphyxiant environment through the rapid displacement of the normal concentration of oxygen in the breathable atmosphere. Finally, it will reduce the potential of released cryogenic oxygen in liquid form to create an oxygen enriched atmosphere that may explosively combust.

Section 173.318

Section 173.318 provides the requirements for cryogenic liquids contained in cargo tanks. Specifically, the HMR requires each cargo tank containing cryogenic liquids be equipped with one or more pressure relief devices.

PHMSA is revising § 173.318, “Cryogenic Liquids in Cargo Tanks” to include a requirement consistent with the UN Model Regulations that all pressure relief device inlets must under maximum filling conditions be situated in the vapor space of the closed cryogenic receptacle and the devices be so arranged as to ensure that the escaping vapor is discharged unobstructed.

This requirement will enhance safety by assisting in the proper function of the pressure release devices. Further, it will prevent unsafe conditions in transport if the liquid form of the gas were released through the pressure release device. For instance, if the gas released is a Division 2.1 (flammable) gas or a Division 2.3 (poisonous) gas, it would reduce the opportunity for the released liquid form of the gas to create an asphyxiant environment through the rapid displacement of the normal concentration of oxygen in the breathable atmosphere. Finally it will reduce the chance of released cryogenic oxygen in liquid form creating an oxygen enriched atmosphere that may explosively combust.

Section 173.335

Section 173.335 is created to provide packaging requirements for new HMT entries “Chemical under pressure n.o.s.” Specifically, PHMSA is adopting transport requirements, filling limits, minimum service pressure, and periodic inspection requirements for cylinders utilized for shipments of chemical under pressure n.o.s.

Cylinders used to ship chemical under pressure n.o.s. must be authorized UN or DOT cylinders for the propellant and otherwise conform to the applicable requirements of subpart G of part 173. 3M noted in their comments to the August 15, 2012 NPRM that while PHMSA created a section that included filling limits for cylinders containing chemical under pressure, we did not increase the water capacity for non-refillable UN pressure receptacles filled with chemical under pressure classed as flammable or toxic. In § 173.301b non-refillable cylinders containing a flammable or a toxic gas are limited to 1.25 liters. The UN authorizes non-refillable cylinders with a capacity up to 50 liters when it contains a chemical under pressure. In this final rule we will revise §§ 173.301b and 173.302a to increase the maximum allowable water capacity for non-refillable cylinders containing chemical under pressure to 50 liters (3050 in3).

Section 173.340

Section 173.340 prescribes the packaging requirements for NA1693, tear gas devices. PHMSA is revising the packaging requirements in paragraphs (c) and (d) by authorizing the use of 4A, 4B, or 4N metal boxes, and 1B2, 1N2, or 1H2 drums.

Part 175

Section 175.8

Section 175.8 provides exceptions from certain regulations for air carrier operator equipment and items of replacement. ICAO amended the Technical Instructions applicable to exceptions from certain regulations for air carrier operator equipment and items of replacement, and to better reflect items that may be sold as part of duty free services. PHMSA is revising paragraph (b)(2) of this section to add portable electronic devices containing lithium batteries to the list of items permitted aboard an aircraft for use or sale on that specific aircraft.

Section 175.10

Section 175.10 specifies the conditions for which passengers, crew members, or an operator may carry hazardous materials aboard an aircraft. Consistent with revisions to the ICAO Technical Instructions, in this final rule, PHMSA is revising paragraph (a)(14), the conditions under which electrically powered heat-producing articles may be carried aboard an aircraft. The requirement that the heat-producing component, or the energy source, must be removed to prevent unintentional functioning during transport is being revised to permit the removal of another component, such as a fuse, to prevent unintentional functioning during transport. In addition the paragraph is being revised to specify procedures for protecting any removed battery from short circuit during transport. PHMSA is also adding paragraphs (a)(20), (a)(21), (a)(22), (a)(23), and (a)(24) to specify conditions under which permeation devices for calibrating air quality monitoring equipment, internal combustion or fuel cell engines, non-infectious specimens, insulated packagings containing refrigerated liquid nitrogen, and small compressed gas cartridges fitted into devices, respectively, may be carried aboard an aircraft.

PHMSA received one comment from the FCHEA requesting that we amend § 175.10(a)(19) to allow fuel cell cartridges containing flammable gas in Division 2.1 and fuel cells containing water reactive materials in Division 4.3 in checked passenger baggage. PHMSA did not propose changes to the provisions allowing for the checking of limited types of fuel cells in the NPRM, and consider this request to be outside the scope of this rulemaking.

PRBA noted in their comments to the NPRM that the 2013-2014 ICAO Technical Instructions contain a provision that authorizes passengers to carry portable medical electronic devices aboard passenger aircraft with lithium metal batteries containing up to 8 grams of lithium metal. While this amendment should be added to the HMR it was not included in the August 15, 2012 NPRM and the public has not been provided notice of any intent to add a new exception for lithium battery-containing portable medical devices in § 175.10 or afforded the opportunity to provide us with written data, views, or arguments to aid our decision. As the FAA Modernization and Reform Act of 2012 requires harmonization in this instance, we will propose to adopt this exception in a future rulemaking.

Part 176

Section 176.2

Section 176.2 provides definitions of terms specifically as they pertain to Part 176. In this final rule, PHMSA is adopting various revisions to the vessel stowage and segregation requirements specified in Part 176. As part of these changes certain terminology must be defined.

The term “Closed cargo transport unit for Class 1” is defined by the IMDG Code as a freight container or transport vehicle that fully encloses the contents by permanent structures and can be secured to the ship's structure and are, except for the carriage of division 1.4 explosives, structurally serviceable (see § 176.172). Portable magazines conforming to § 176.137 are also considered closed cargo transport units for Class 1. Small compartments such as deck houses and mast lockers are included. Cargo transport units with fabric sides or tops are not closed cargo transport units. The floor of any closed cargo transport unit must either be constructed of wood, close-boarded or so arranged that goods are stowed on sparred gratings, wooden pallets or dunnage. The IMO adopted this new definition for “closed cargo transport unit for Class 1” to define the characteristics required for cargo transport units carrying explosives by vessel.

A new definition for “potential or possible sources of ignition” was adopted by the IMO for incorporation in the next published IMDG Code. The term “Potential or possible sources of ignition” as defined in the IMDG Code “means but is not limited to, open fires, machinery exhausts, galley uptakes, electrical outlets and electrical equipment including those on refrigerated or heated cargo transport units unless they are of certified safe type.” The text “means but is not limited to” indicates that the list of potential or possible sources of ignition is not all inclusive; as it is impossible to identify in a definition all potential or possible sources of ignition that may exist on a variety of vessels with various engineering designs and stowage configurations. PHMSA is adopting a definition for “Potential or possible sources of ignition” that replaces “of certified safe type” with “designed to operate in a hazardous environment.” This change is due to some ambiguity as to what is considered a certified safe type of refrigerated or heated cargo transport unit. Adoption of this definition will provide guidance to vessel stowage planners in determining safe stowage locations for cargo on board vessels.

The term “Protected from sources of heat” as defined by the IMDG Code means “that packages and cargo transport units must be stowed at least 2.4 m from heated ship structures, where the surface temperature is liable to exceed 131 °F (55 °C). Examples of heated structures are steam pipes, heating coils, top or side walls of heated fuel and cargo tanks, and bulkheads of machinery spaces. In addition, packages not loaded inside a cargo transport unit and stowed on deck must be shaded from direct sunlight. The surface of a cargo transport unit can heat rapidly when in direct sunlight in nearly windless conditions and the cargo may also become heated. Depending on the nature of the goods in the cargo transport unit and the planned voyage precautions must be taken to ensure that exposure to direct sunlight is reduced”. This definition was adopted by the IMO for inclusion in the next IMDG Code to provide a list of possible sources of heat a cargo transport unit might encounter during vessel transport. This definition also includes requirements for break bulk packages stowed on deck that are required to be protected from sources of heat by means of a stowage provision or a general stowage requirement found in Part 176.

PHMSA received one comment from IVODGA concerning the proposed definition of “protected from sources of heat.” IVODGA suggested that at the end of the new definition for “protected from sources of heat” we include that “* * * containers should not be stowed in the upper most tier position when this is required, which does not include tank units that have protective insulation shields” since the new definition seems to bridge the older shade from radiant heat and other heat related factors onboard vessels. PHMSA does not see the need to be more specific and restrictive than the internationally accepted definition calls for and is maintaining the definition of protected from sources of heat as proposed in the NPRM.

Therefore, in this final rule, PHMSA is adding definitions in this section for the terms, “Closed cargo transport unit for Class 1,” “Potential or possible sources of ignition” and “Protected from sources of heat” with additional text clarifying that a portable magazine conforming to § 176.137 is also considered “closed cargo transport unit for Class 1.”

Section 176.63

Section 176.63 prescribes supplementary requirements with respect to the stowage of specific hazardous materials in addition to those authorized in the HMT in § 172.101. This section sets forth the basic physical requirements for the authorized vessel stowage locations.

One commenter (SAAMI) noted that limited quantity shipments are assigned the least restrictive stowage category and are excepted from additional stowage provisions in 3.4.3 of the IMDG Code and requested that PHMSA do the same. PHMSA agrees and is revising paragraph (a) of this section to allocate stowage category A to hazardous materials offered as limited quantities, and to except these shipments from the other stowage provisions assigned in column 10B of the HMT for shipments of limited quantities.

PHMSA is also revising paragraph (b) of this section by replacing the phrase “shade from radiant heat” with the phrase “protected from sources of heat.” This revision of terminology is necessary to incorporate other changes to the vessel stowage codes in Column 10 B of the HMT.

PHMSA is also revising paragraph (e) of this section to remove references to magazine stowage type A and C, as the definition of “closed cargo transport unit for Class 1” was added to § 176.2 references to magazine stowage type A and C are no longer needed in this section.

Paragraph (e) also contains an exception for empty packages containing residue (excluding Class 2.3 empty packages containing residue and waste aerosols), including IBCs and large packages to be stowed on deck, or under deck if in a mechanically ventilated cargo space. This exception will apply regardless of the stowage provisions indicated in § 172.101(k). PHMSA believes the reduced hazard present in empty packages containing residue combined with the mechanically ventilated cargo space warrants a relaxation of stowage requirements for shipments of empty packages (excluding Class 2.3 and waste aerosols) that otherwise would require on deck stowage.

Section 176.76

Section 176.76 specifies the requirements for transport vehicles, freight containers, and portable tanks containing hazardous materials transported via vessel.

In this final rule, PHMSA is adding a new paragraph (a)(11) requiring that banding or securing straps used to secure packages must not be over tightened to cause damage or deformation of the packages or the securing points within the freight container or transport vehicle. PHMSA is adopting this change to harmonize cargo securement requirements in the HMR with recently adopted changes in the IMDG Code. This requirement is intended to prevent undue stress and potential damage to packages and tie down points during transport.

PHMSA had originally proposed to replace the existing paragraph (a)(9) with this regulatory text, but received one comment from IVODGA noting that the provisions of (a)(9) concerning security devices is still necessary, and a request to maintain the current text of (a)(9) and simply insert a new paragraph with the proposed text. PHMSA agrees and is maintaining the current paragraph (a)(9). IVODGA also requested that the following text be included at the end of the newly proposed paragraph of our proposed text: “* * * or transport vehicle. The Maximum Securing Load on internal container lashing, securing or anchor points shall not be exceeded.” PHMSA believes that inserting IVODGA's proposal would be very difficult to enforce, as anchor points in containers are not marked with maximum securing loads. Additionally PHMSA believes that the language proposed in the NPRM accounts for IVODGA's concerns as deformation of the securing points is indicative of exceeding the securing points capabilities.

PHMSA received an additional comment from IVODGA requesting we amend § 176.76 to require transport equipment with refrigerated or heating units used for the transport of hazardous materials of Division 2.1, Class 3, or those capable of releasing flammable vapors during transport to be equipped with explosion proof electrical fittings. PHMSA has determined that such an amendment is beyond the scope of the proposals presented in the August 15, 2012 NPRM and therefore will not be addressed in this final rule.

Section 176.83

Section 176.83 prescribes the general vessel segregation requirements. Paragraph (m) of this section specifies additional segregation requirements for certain groups of hazardous materials. Paragraph (m)(2) of this section prescribes segregation requirements for materials shipped under n.o.s. entries. Furthermore, paragraph (m)(3) discusses materials that fall outside the defining criteria for hazardous materials, but display chemical properties similar to hazardous materials listed in segregation groups.

In this final rule, PHMSA is revising paragraph (m)(2) to clarify that the offeror of hazardous materials is responsible for deciding if allocation of a segregation group is appropriate. We are also revising paragraph (m)(3) to clarify that the offer of hazardous materials for transportation or the person packing the cargo transport unit is responsible for identifying a relevant segregation group and applying the segregation requirements for that segregation group. These revisions will replace the current term “shipper,” which is not defined in § 171.8, with the terms “offeror” and “person who offers” which are defined terms in § 171.8.

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 § 172.101 Hazardous Materials Table. The provisions in § 176.84 are broken down into general stowage provisions whose meanings are defined in the “table of provisions” in paragraph (b), and the stowage provisions applicable to vessel shipments of Class 1 explosives defined in the table to paragraph (c)(2).

PHMSA is revising stowage provisions 25 and 128 and deleting stowage provisions 19, 48, and 50 from the table in paragraph (b). Stowage provision 25 is revised from “Shade from radiant heat” to read “Protected from sources of heat.” Stowage provision 128 is revised from “Stow in accordance with the IMDG Code, Sub-section 7.1.10.3 (incorporated by reference; see § 171.7 of this subchapter)” to read “Stow in accordance with the IMDG Code, Sub-section 7.6.2.7.2 (incorporated by reference; see § 171.7 of this subchapter).” Deleted stowage provision 19 previously read “Protect from sparks and open flames.” Deleted stowage provision 48 previously read “Stow “away from” sources of heat”. Deleted stowage provision 50 previously read “Stow “away from” sources of heat where temperatures in excess of 55 °C (131 °F) for a period of 24 hours or more will be encountered.”

The current stowage provision table in paragraph (b) contains three listings requiring shipments to be either shaded or stowed away from sources of heat. The addition of a standard definition for “protected from sources of heat” to the list of definitions in § 176.2 has rendered stowage provisions 19, 48, and 50 redundant and all HMT listings previously assigned stowage provisions 19 or 48 have been assigned the revised stowage provision 25. Furthermore, no listings in the current HMR are assigned stowage provision 50; therefore, we are deleting it and all references to it. The change to stowage provision 128 will account for a citation change in the newest edition of the IMDG Code.

In this final rule, PHMSA is revising explosive stowage provision 26E and deleting explosive stowage provisions 7E, 8E, and 20E from the table in paragraph (c)(2). Deleted explosive stowage provision 7E previously read “Stowage category “04” for projectiles or cartridges for guns, cannons or mortars; Stowage category “08” for other types.” Deleted explosive stowage provision 8E previously read “When under deck, special stowage is required.” Deleted explosive stowage provision 20E previously read “Stowage category “03” for projectiles or cartridges for guns, cannons or mortars; Stowage category “07” for other types; magazines must be of steel construction that prevents leakage.” Changes to explosive stowage provisions 7E, 8E, and 20E are necessary to account for revisions to the stowage category definitions proposed in § 172.101(k). Additionally, as a result of the removal of stowage provisions 10 and 13 from § 172.101(k), PHMSA is revising explosive stowage provision 26E in § 176.84. Please see section 172.101 for explosive stowage codes associated with HMT entries previously assigned these explosive stowage provisions and a list of entries these provisions have been removed from.

Section 176.116

Section 176.116 prescribes the general stowage conditions for Class 1 explosive materials. Paragraph (a) of this section prescribes explosive stowage requirements, which take into account heat and sources of ignition. Paragraph (f) of this section prescribes explosives stowage requirements for under deck storage. PHMSA is revising paragraph (a) to clarify the general stowage conditions for Class 1 materials on board vessels and deleting and reserving paragraph (f).

PHMSA is revising paragraph (a)(1) to require explosive materials to be stowed in a cool part of the ship, to be kept as cool as practicable while on board, and to be stowed as far away as practicable from any potential source of heat or ignition. This change is due to the inclusion of a definition for “potential source of heat or ignition” in § 176.2. A new paragraph (a)(2) is added requiring Class 1 materials to be stowed away from the side of a ship's side at a distance at least equal to one eighth of the beam of the vessel or 2.4 m (8 feet), whichever is less. PHMSA received one comment (IVODGA) requesting an exception for materials within Class 1 of low or relatively low hazard within division 1.4 through 1.6 and the allowance to transport these in all positions available on-deck. In 7.1.4.4.3 of the IMDG goods of division 1.4 are excepted from the requirement to be stowed away from the side of a ship. Another comment by Horizon also noted that 1.4 cargos should be excluded from this requirement. PHMSA agrees to provide such an exception for goods of division 1.4, but sees no need to extend the exception beyond what is authorized by the international standard.

This minimum distance for explosive shipment stowage from the ship's side is adopted to harmonize with a recent change in the IMDG Code and provides an increased level of safety by ensuring explosive shipments are not stowed adjacent to the ships internal structure.

Paragraph (f) previously indicated general stowage provisions for HMT explosive entries stowed under deck and assigned stowage category 09 or 10. The removal of stowage category 09 and 10 make these provisions no longer applicable.

Section 176.128

Section 176.128 defines the varying levels of containment for explosives identified as magazine stowage types “A”, “C,” and “Special Stowage.” The IMO has determined that a distinction between closed cargo transport units and magazines is no longer necessary. PHMSA concurs with the IMO on this issue and is deleting § 176.128 and reserving it for future use. With the addition of a definition for “closed cargo transport unit for Class 1,” and the requirement for all explosive shipments to be stored at a distance at least equal to one eighth of the beam of the vessel or 2.4 m (8 feet), whichever is less, specific requirements for type A, C, and special magazine stowage are now unnecessary. Note that portable magazines remain authorized by § 176.137 and the definition of “closed cargo transport unit for Class 1.”

Section 176.130

Section 176.130 prescribes requirements for magazine stowage type A. The IMO determined that a distinction between closed cargo transport units and magazines is no longer necessary. PHMSA concurs with the IMO on this issue and is deleting § 176.130 and reserving it for future use. In general, a magazine is equivalent to a closed cargo transport unit with a wooden floor. Properly packaged and transported packages in a closed cargo transport unit will adequately address safety concerns presented by commodities previously required to be transported in magazine stowage type A.

Section 176.133

Section 176.133 prescribes requirements for magazine stowage type C. The IMO has determined that all explosive shipments must be stored at a distance at least equal to one eighth of the beam of the vessel or 2.4 m (8 feet), whichever is less, thus making the provisions for magazine stowage type C unnecessary. PHMSA concurs with the IMO on this issue and is deleting § 176.133 and reserving it for future use.

Section 176.134

Section 176.134 prescribes requirements for vehicles carrying Class 1 materials requiring magazine stowage. The removal of magazine stowage definitions and provisions make this section unnecessary. Therefore, PHMSA is deleting this section and reserving it for future use.

Section 176.136

Section 176.136 prescribes requirements for special stowage of Class 1 materials. Changes to vessel stowage location codes in § 172.101(k) and the assignment of vessel stowage codes requiring on deck stowage for entries previously authorized as special stowage make this section unnecessary. Therefore, PHMSA is deleting this section and reserving it for future use.

Section 176.138

Section 176.138 prescribes general requirements for on deck stowage. Paragraph (b) provides general requirements for on deck stowage of explosives. In this final rule, PHMSA is revising this section to require explosives to not be stowed within 6 m (20 feet) of the newly defined term “any potential sources of heat or ignition.” This change is adopted to incorporate a newly defined term in § 176.2. PHMSA received one comment from IVODGA requesting an editorial clarification to separate the proposed language into “from any source of heat and any possible sources of ignition” and is making the requested change.

Section 176.144

Section 176.144 prescribes segregation requirements for Class 1 materials transported by vessel. Paragraph (d) allows materials requiring ordinary stowage (non-magazine stowage) to be stowed in the same magazine as materials requiring magazine stowage. PHMSA is revising paragraph (d) to state that if part of a shipment requires non-metallic lining of closed cargo transport units, Class 1 materials requiring ordinary stowage (stowage not requiring non-metallic lining of closed cargo transport units) may be stowed in the same closed cargo transport unit provided there are no exposed parts of any ferrous metal or aluminum alloy, unless separated by a partition. The removal of sections and requirements for magazine stowage necessitates the change in this section.

During the review of the NPRM PHMSA noted that Table 176.144(a) includes a reference to explosives requiring special stowage in Note: 1. This final rule removes the special stowage section in the HMR. Therefore, PHMSA is removing the reference to special stowage in Note 1 of Table 176.144(a).

Section 176.146

Section 176.146 prescribes segregation requirements for Class 1 materials and non-hazardous goods transported by vessel. Paragraph (a) currently states that Class 1 material need not be segregated from non-hazardous materials except as provided in paragraphs (b) and (c). Paragraph (b) then goes on to state that certain cargo (mail, baggage, and personal effects) may not be stowed in the same compartment as, or in compartments immediately above or below, Class 1 (explosive) materials other than those in compatibility group S. Paragraph (c) states that where Class 1 (explosive) materials are stowed against an intervening bulkhead, any mail on the other side of the bulkhead must be stowed away from it.

In this final rule, PHMSA is revising paragraphs (a) and (b) and deleting and reserving paragraph (c). Specifically, we are revising paragraph (a) to remove a reference to the removed paragraph (c). We are also revising paragraph (b) to read “readily combustible materials may not be stowed in the same compartment or hold as Class 1 (explosive) materials other than those in compatibility group S.” This change incorporates the adoption by IMO of the defined term “readily combustible material” in 176.2. In this final rule, PHMSA is removing and reserving paragraph (c) as the vast majority of mail is now sent by air and not vessel. A specific requirement for stowage of mail away from the intervening bulkhead between it and Class 1 materials is deemed unnecessary.

Section 176.170

Section 176.170 prescribes requirements for shipments of Class 1 materials in freight containers by vessel. Paragraph (a) states that when Class 1 materials are stowed in a freight container, the freight container, for the purposes of this subpart, may be regarded as a magazine but not as a separate compartment. Paragraph (c) states that freight containers used to transport Class 1 (explosive) materials for which magazine stowage type A is required must have a floor consisting of tightly fitted wooden boards, plywood or equivalent non-metallic material, and a non-metallic lining.

PHMSA is amending paragraph (a) and deleting and reserving paragraph (c). Paragraph (a) is revised to state that when Class 1 materials are stowed in a freight container, the freight container, for the purposes of this subpart G of Part 176, may be regarded as a closed transport unit for Class 1 or a magazine but not a separate compartment. This change is being made to incorporate the definition of “closed cargo transport unit for Class 1” and the removal of magazine stowage A, C, and Special Stowage. Paragraph (c) references freight containers used to transport Class 1 (explosive) materials for which magazine stowage type A is required. The removal of a definition for and requirements for magazine stowage type A make this paragraph unnecessary.

Section 176.200

Section 176.200 prescribes general stowage requirements for Class 2 materials transported by vessel. Paragraph (c) of this section prescribes the orientation and outer packaging requirements for cylinders transported by vessel.

PHMSA is revising paragraph (c) to clarify that cylinders offered for transport by vessel in a vertical position must be stowed in either a block and cribbed or boxed-in with suitable sound lumber. PHMSA is also replacing the word movement with shifting in the requirement for the crib or box bracing to prevent any movement. These revisions are to harmonize with vessel transportation requirements incorporated in the IMDG Code and clarify that cylinders stored in a vertical position must be adequately blocked and braced using sound lumber.

Section 176.210

Section 176.210 prescribes on deck stowage requirements for cylinders transported by vessel. This section currently requires cylinders of Class 2 materials being transported by vessel to be protected from radiant heat, including the direct rays of the sun, by structural erections or awnings.

In this final rule, PHMSA is revising this section by replacing “protected from radiant heat, including the direct rays of the sun, by structural erections or awnings” with the newly defined term “protected from sources of heat.”

Section 176.230

Section 176.230 prescribes stowage requirements for Division 2.1 materials transported by vessel. Currently the HMR requires Division 2.1 materials transported in Specification 106A or 110A multi-unit car tanks must be stowed on deck only, and must be shaded from radiant heat.

In this final rule, PHMSA is replacing the phrase “shaded from radiant heat” with the newly defined “protected from sources of heat.”

Section 176.305

Section 176.305 prescribes stowage requirements for Class 3 materials transported by vessel. Paragraph (a) states that Class 3 flammable or combustible liquids must be kept as cool as reasonably practicable and be stowed away from all sources of heat and ignition.

In this final rule, PHMSA is revising paragraph (a) to read “a Class 3 (flammable) or combustible liquid must be kept as cool as reasonably practicable, protected from sources of heat, and away from potential sources of ignition.” These changes incorporate the definitions of “protected from sources of heat” and “potential or possible sources of ignition.”

Section 176.400

Section 176.400 prescribes stowage requirements for Division 1.5, Class 4 (flammable solids) and Class 5 materials transported by vessel. Paragraph (a) requires Class 4 (flammable solid) material and Division 5.2 (organic peroxide) materials to be kept as cool as reasonably practicable and be stowed away from all sources of heat and ignition.

PHMSA is revising paragraph (a) to read “Class 4 (flammable solid) material and Division 5.2 (organic peroxide) material must be kept as cool as reasonably practicable, protected from sources of heat, and away from potential sources of ignition.” These changes incorporate the definitions of “protected from sources of heat” and “potential or possible sources of ignition.”

Paragraph (b) of this section requires Division 5.2 (organic peroxide) material to be stowed away from living quarters or access to them. Division 5.2 (organic peroxide) substances not requiring temperature control should be protected from radiant heat, which includes direct rays of the sun, and stowed in a cool, well-ventilated area.

PHMSA is amending paragraph (b) to replace “should be protected from radiant heat, which includes direct rays of the sun, and stowed in a cool, well-ventilated area” with “must be protected from sources of heat, including radiant heat and strong sunlight, and must be stowed in a cool, well-ventilated area.” These changes are being made to incorporate the definitions of “protected from sources of heat” harmonize with the IMDG Code, and to emphasize that protecting shipments of organic peroxides not requiring temperature control from sources of heat is a requirement and not optional.

Section 176.600

Section 176.600 prescribes detailed requirements for Division 2.3 (Poisonous Gas) and Division 6.1 (Poisonous) materials transported by vessel. Paragraph (d) of this section requires each package of Division 2.3 (poisonous gas) material or Division 6.1 (poison) material that also bears a FLAMMABLE LIQUID or FLAMMABLE GAS label must be stowed in a mechanically ventilated space, kept as cool as reasonably practicable, and be stowed away from all sources of heat and ignition.

PHMSA is revising paragraph (d) to replace “stowed away from all sources of heat and ignition” with “protected from sources of heat and stowed away from potential sources of ignition.” These changes incorporate the definitions of “protected from sources of heat” and “potential or possible sources of ignition.”

PHMSA received one comment from Horizon requesting that the mechanically ventilated space and protected from sources of ignition stowage requirements be applied only to 2.3 materials and 6.1 materials that are toxic by inhalation. The proposal in the NPRM was done solely to change the terminology based on the adoption of new international definitions for “protected from sources of heat” and “potential or possible sources of ignition.” No changes to the actual commodities that require such segregation were proposed or will be implemented in this rulemaking.

Section 176.907

Section 176.907 is created to incorporate cargo transport requirements for shipments of UN2211, Polymeric Beads, Expandable evolving flammable vapor and UN3314, Plastics Molding Compound in dough, sheet or extruded rope form, evolving flammable vapor. Several cases of damage to cargo transport units were presented to the IMO with the root cause being identified as the release of flammable pentane gas during transportation of shipments UN2211 and UN3314. To address the concerns presented by off gassing of flammable vapors which lead to a rise in pressure that may damage cargo transport units, the IMO instituted measures to ensure an adequate exchange of air within the cargo transport unit is provided. PHMSA is harmonizing with the recent changes to the IMDG and addressing safety concerns presented by the off gassing of flammable vapors from shipments of UN2211 and UN3314 by requiring that when UN2211 or UN3314 are transported by vessel, the cargo transport unit must provide an adequate exchange of air. This adequate exchange of air may be accomplished by using a ventilated container, an open-top container, or a container in one door off operation. As an alternative to these methods of air exchange, shippers may transport these cargos under temperature control in refrigerated cargo transport units. Exceptions to the cargo transport unit providing an adequate exchange of air requirement are provided for shipments packed in hermetically sealed packagings or IBCs which conform to the packing group II performance level for liquid dangerous goods in which the total pressure in the package (i.e., the vapor pressure of the liquid plus the partial pressure of air or other inert gasses less 100 kPa (15 psia)) with a filling temperature of 55° C (131° F) does not exceed two-thirds of the marked test pressure. Cargo transport units containing shipments of UN2211 or UN3314 must be marked with a warning mark including the words “CAUTION—MAY CONTAIN FLAMMABLE VAPOR” or “CAUTION—MAY CONTAIN FLAMMABLE VAPOUR” with lettering not less than 25 mm high. This mark must be affixed at each access point in a location where it will be easily seen by persons prior to opening or entering the cargo transport unit and must remain on the cargo transport unit until the cargo transport unit has been completely ventilated to remove any hazardous concentration of vapor or gas, the immediate vicinity of the cargo transport unit is clear of any source of ignition, and the goods have been unloaded.

PHMSA received one comment from IVODGA requesting a further exception for shipments that do not meet the ventilation requirements or the packaging requirements of the proposed section. IVODGA asked PHMSA to allow freight containers or transport vehicles containing these shipments not meeting the conditions of the proposed 176.907 to be allowed to be transported on vessel using on-deck stowage and stowed away from sources of potential ignition. PHMSA does not see a need to allow for less protective stowage provisions than the IMDG Code provides for these commodities. While the suggested stowage location and provisions proposed by IVODGA do represent a certain degree of caution; the adopted and harmonized requirements provide additional protection from the potential offgassing of pentane from these commodities; and thus PHMSA is adopting the changes as proposed in the NPRM.

Part 178

Section 178.71

Section 178.71 prescribes specifications for UN pressure receptacles. In this final rule PHMSA is incorporating by reference ISO 13340:2001(E) Transportable gas cylinders—Cylinder valves for non-refillable cylinders—Specification and prototype testing, First edition, 2004-04-01. Non-refillable pressure receptacles must comply with cylinder valve requirements from ISO 13340. ISO 13340 was incorrectly proposed for addition to § 178.274(i) in the NPRM. PHMSA is correcting this proposal by incorporating this standard into the correct sections and requiring non-refillable pressure receptacles to comply with cylinder valve requirements in ISO 13340.

Section 178.512

Section 178.512 prescribes the standards, packaging identification codes, and construction requirements for steel and aluminum boxes (4A and 4B boxes). To incorporate the authorization for use of 4N boxes (metal other than steel or aluminum), the title of the section is revised to “Standards for steel, aluminum or other metal boxes.” Section 178.512 is also revised to include the authorized packaging identification code, 4N, for other metal boxes, and expand the construction requirements of the section to include these packagings. Subsequent changes are made throughout the section to address the inclusion of 4N other metal boxes.

Section 178.603

Section 178.603 prescribes the drop test requirements for non-bulk packagings in the HMR. Section 178.603 provides that a drop test must be conducted for the qualification of all packaging design types, and further provides that exceptions for the number of steel and aluminum packaging samples used for conducting the drop test are subject to the approval of the Associate Administrator. Currently, paragraph (a) of this section contains a table that outlines specific types of packagings and the corresponding number of samples that should be tested and the drop orientation of those samples. In this final rule, PHMSA is revising this table by including “other metal boxes” to the listed packagings. To incorporate the authorization for use of 4N boxes (metal other than steel or aluminum), § 178.603 is revised to require the drop test for other metal (4N) boxes, and authorize exceptions, subject to the approval of the Associate Administrator, for the number of samples used for conducting the drop test of these packagings.

Section 178.705

Section 178.705 prescribes standards for metal IBCs. Paragraph (a)(3) indicates that IBC specifications 31A, 31B, and 31N are authorized for both liquids and solids. PHMSA is revising this sentence editorially by removing the authorization to package solids in specification 31 IBCs as the specification is only assigned to liquid substances. This editorial change is consistent with the § 172.102 IBC Code Table revisions in paragraph (c)(4) and other IBC standards (e.g., § 178.707(a)(5)) prescribed in subpart N of part 178.

Section 178.910

Section 178.910 prescribes the marking requirements for specification Large Packaging design types. Paragraph (a)(1) of this describes the size specifications and format of the marking requirements. In this final rule, PHMSA is clarifying these requirements by indicating that for large packages manufactured after January 1, 2014 the minimum marking size must be 12 mm in height.

Furthermore, paragraph (b) of this section is now reserved. However, we are adding a paragraph (b) indicating that for all Large Packages manufactured, repaired or remanufactured after January 1, 2015 the large package must be marked with the symbol applicable to a Large Package designed for stacking or not designed for stacking, as appropriate. This language will be accompanied by an example of such a mark.

Section 178.980

Section 178.980 prescribes the procedures for conducting the stacking test for qualification of all Large Packaging design types. Paragraph (e)(1) describes the criterion a metal or rigid plastic Large Packaging must meet to be considered as successfully passing the stacking test. While paragraph (e) addresses metal or rigid plastic Large Packagings, the criterion that a fiberboard or wooden Large Packaging must meet to be considered as successfully passing the stacking test is omitted.

Therefore, in this final rule, we are correcting this omission, by adding a new paragraph (e)(2) that addresses the criterion for fiberboard or wooden Large Packagings to pass the test and redesignating the following paragraphs accordingly.

Subpart R

Currently, the HMR do not contain specifications for FBCs. In this final rule, PHMSA is adopting the specification, construction, and testing requirements for FBCs. On February 2, 2010, PHMSA published a final rule in the Federal Register under Docket Number PHMSA-2006- 25736 (HM-231) [75 FR 4699] entitled “Hazardous Materials; Miscellaneous Packaging Amendments.” In HM-231, specification and testing requirements were adopted for Large Packagings. The specification and testing requirements for FBCs are modeled on the regulatory structure adopted for Large Packagings in HM-231. Thus, new subpart R of part 178 entitled “Subpart R—Flexible Bulk Container Standards” is added.

Section 178.1000

PHMSA is adopting new § 178.1000 entitled “Purpose and scope.” This section prescribes the packaging designs to which Subpart R applies and the location in the HMR where terms used in the subpart are defined.

Section 178.1005

In this final rule, PHMSA is adding new § 178.1005 entitled “Flexible Bulk Container Identification Code.” This section provides the identification code (i.e. BK3) assigned to FBCs.

Section 178.1010

In this final rule, PHMSA is adding new § 178.1010 entitled “Marking of Flexible Bulk Containers.” This section prescribes the markings the manufacturer of an FBC must mark on a package to indicate the FBC meets the specification. The marking requirements for FBCs are based on the current marking requirements for IBCs prescribed in § 178.703.

Section 178.1015

In this final rule, PHMSA is adding new § 178.1015 entitled “General Flexible Bulk Container Standards.” This section prescribes the general packaging integrity requirements an FBC design must meet.

Section 178.1020

In this final rule, PHMSA is adding new § 178.1020 entitled “Period of use for transportation of hazardous materials in Flexible Bulk Containers.” This section prescribes the length of time an FBC may be used to package hazardous materials. Specifically, this section states that an FBC used to package hazardous materials may remain in service not to exceed two years from the date of manufacture.

Subpart S

Currently, the HMR do not prescribe testing criteria for FBCs. PHMSA is adopting testing protocol for FBCs. On February 2, 2010, PHMSA published a final rule in the Federal Register under Docket Number PHMSA-2006- 25736 (HM-231) [75 FR 4699] entitled “Hazardous Materials; Miscellaneous Packaging Amendments.” In HM-231, specification and testing requirements were adopted for Large Packagings. The test protocol proposed in this final rule for FBCs are modeled on the regulatory structure adopted for Large Packagings in HM-231. Thus, new subpart S of part 178 entitled “Subpart S—Testing of Flexible Bulk Container Standards” is added.

Section 178.1030

In this final rule, PHMSA is adopting § 178.1030 entitled “Purpose and scope.” This section prescribes the applicability to which the Subpart S tests apply.

Section 178.1035

In this final rule, PHMSA is adopting § 178.1035 entitled “General requirements.” This section prescribes the general packaging requirements for FBCs and addresses the following topics: FBC-related definitions; defining responsibility for compliance with specification requirements; design qualification testing; periodic design testing; proof of compliance; and record retention.

Section 178.1040

In this final rule, PHMSA is adopting test preparation requirements for FBCs in new § 178.1040 entitled “Preparation of Flexible Bulk Containers for Testing.” This section specifies the general test preparation requirements applicable to all tests an FBC is required to successfully pass.

Section 178.1045

In this final rule, PHMSA is adopting requirements for drop tests conducted on FBCs. A drop test is used to measure a packaging's ability to withstand falls from specific heights and is used to determine if a package is suitable to transport hazardous materials. Thus, PHMSA is adding a new § 178.1045 entitled “Drop test.” This section prescribes the preparation of test samples, test methods authorized, drop heights, and criteria for passing the drop test.

Section 178.1050

In this final rule, PHMSA is adopting requirements for top lift tests conducted on FBCs. A top lift test measures a package's ability to be moved mechanically by lifting the package by its top end and is used to determine if a package is suitable to transport hazardous materials. Thus, PHMSA is adding new § 178.1050 entitled “Top lift test.” This section prescribes requirements for the preparation of test samples, test methods authorized, and criteria for passing the top lift test.

Section 178.1055

In this final rule, PHMSA is adopting requirements for stacking tests conducted on FBCs. A stacking test is used to measure a packaging's ability to withstand other packages placed on top of it and is used to determine if a package is suitable to transport hazardous materials. Thus, PHMSA is adding new § 178.1055 entitled “Stacking test.” This section prescribes requirements for the preparation of test samples, test methods authorized, and criteria for passing the stacking test.

Section 178.1060

In this final rule, PHMSA is adopting requirements for topple tests conducted on FBCs. A topple test is used to measure a packaging's ability to withstand tipping of the package and is used to determine if a package is suitable to transport hazardous materials. Thus, PHMSA is adding new § 178.1060 entitled “Topple test.” This section prescribes the preparation of test samples, test methods authorized, topple height, and criteria for passing the topple test.

Section 178.1065

In this final rule, PHMSA adopting requirements for righting tests conducted on FBCs. A righting test is used to measure a packaging's ability to withstand lifting from a lying position at a given rate of speed and is used to determine if a package is suitable to transport hazardous materials. Thus, PHMSA is adding new § 178.1065 entitled “Righting test.” This section prescribes the preparation of test samples, test methods authorized, and criteria for passing the righting test.

Section 178.1070

In this final rule, PHMSA is adopting requirements for tear tests conducted on FBCs. A tear test is used to measure a packaging's ability to withstand shearing and tearing that may be encountered during transportation, such as loading and unloading, and is used to determine if a package is suitable to transport hazardous materials. Thus, PHMSA is adding new § 178.1070 entitled “Tear test.” This section prescribes the preparation of test samples, test methods authorized, and criteria for passing the tear test.

V. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

This final rule is published under the following statutory authorities:

1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to prescribe regulations for the safe transportation, including security, of hazardous materials in intrastate, interstate, and foreign commerce. This final rule amends regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. To this end, this 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; at the same time, harmonization promotes the safety of people, property, and the environment by reducing the potential for confusion and misunderstanding that could result if shippers and transporters were required to comply with two or more conflicting sets of regulatory requirements. While the intent of this rulemaking is to align the HMR with international standards, we review and consider each amendment on its own merit based on its overall impact on transportation safety and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without sacrificing the current HMR level of safety and without imposing undue burdens on the regulated 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. Additionally, the following external agencies were consulted in the development of this rule:

U.S. Coast Guard

U.S. Department of Agriculture (USDA)

U.S. Department of Energy

U.S. Department of Interior

U.S. Department of Justice

2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to ensure that, to the extent practicable, regulations governing the transportation of hazardous materials in commerce are consistent with standards adopted by international authorities. This final rule is amending 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 17th Revised Edition of the UN Model Regulations, Amendment 36-12 to the IMDG Code, and the 2013-2014 ICAO Technical Instructions, which become effective January 1, 2013. The large volume of hazardous materials transported in international commerce warrants the harmonization of domestic and international requirements to the greatest extent possible.

B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures

This final rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866 (“Regulatory Planning and Review”) and, therefore, was not reviewed by the Office of Management and Budget. This final rule is not considered a significant rule under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). Additionally, E.O. 13563 (“Improving Regulation and Regulatory Review”) supplements and reaffirms E.O. 12866, stressing that, to the extent permitted by law, an agency rulemaking action must be based on benefits that justify its costs, impose the least burden, consider cumulative burdens, maximize benefits, use performance objectives, and assess available alternatives.

Economic Benefits to Harmonization. In this final rule, PHMSA is incorporating by reference the most recent versions of various international hazardous materials standards, including the 2013-2014 ICAO Technical Instructions, Amendment 36-12 to the IMDG Code, and the 17th Revised Edition of the UN Model Regulations. Additionally, PHMSA is updating its incorporation by reference of the Canadian Transportation of Dangerous Goods Regulations to include Amendment 8 (SOR/2011-239) October 27, 2011; Amendment 9 (SOR/2011-60) March 3, 2011; and Amendment 10 (SOR/2011-210) September 30, 2011. Lastly, PHMSA is adopting updated International Standards Organization (ISO) standards.

The primary benefit of harmonizing the U.S. Hazardous Materials Regulations (HMR) with the international hazardous materials standards noted previously is that it will reduce the regulatory compliance costs faced by U.S. companies. Without harmonization, these companies will be forced to comply with dual systems of regulations, and as a result will incur higher compliance costs than would be encountered under a single regulatory scheme. The benefit of harmonization attributable to this rulemaking is the difference in regulatory compliance costs faced by companies operating under a single regulatory framework instead of multiple regulatory frameworks.

If the U.S. regulations were not harmonized with the international standards mentioned above, we estimate that it would cost U.S. companies an additional $62 million per year to comply with both the HMR and the international standards. Harmonizing the HMR with the international standards, however, will avert these $62 million in additional costs, and these averted costs are therefore considered the primary benefit attributable to this rulemaking.

The $62 million estimate is based on the assumption that in the absence of harmonization both exporters and importers would have to adhere to two separate hazard communication systems, one used for the transportation of materials within the United States and one used for the transportation of materials outside the United States. Exporters would directly incur four different cost elements and would have to pay for (1) dual labels and safety data sheets, (2) additional training, (3) additional management activities, and (4) additional packaging costs. Foreign producers who ship products to the United States would also incur these four cost elements, and we assume that the foreign producers would pass half of those incurred costs on to U.S. consumers in the form of higher prices.

To develop the $62 million estimate, we estimated the average hazard communication cost per dollar of hazardous materials produced in the United States and then multiplied that cost figure by an estimate of the value of U.S. imports and exports of hazardous materials. In other words, in the absence of harmonization, we assume that companies involved with U.S. foreign trade would have to pay for additional hazard communication requirements for international movements; these companies would have to comply with the HMR communication requirements during domestic legs of the movement and with international standards during legs of the movement outside of the United States.

A proxy for hazard communication costs was obtained from a recent Occupational Safety and Health Administration study looking at the costs for industry to comply with the revised Hazard Communication Standard. The study estimated the total compliance cost to be $201 million per year based on four cost elements: revisions to labels and safety data sheets, additional training, additional management activities, and printing of color packaging. The first three cost elements are relevant for our purposes and totaled $177 million.

To put the $177 million hazard communication cost estimate on a per unit basis, we divided the $177 million by an estimate of the total value of hazardous materials produced in the United States in 2010. The total value of hazardous materials produced in the United States was estimated to be $151 billion. To derive this $151 billion estimate, we summed relevant product values reported in the Census Bureau's Annual Survey of Manufactures: Value of Product Shipments, and then multiplied the result by 12.4 percent—the percentage of shipment values reported to be hazardous products (this parameter was obtained from Table 10 in the Census Bureau's 2007 Commodity Flow Survey for Hazardous Materials). The resulting hazard communication cost per dollar of hazardous materials output was estimated to be $0.001 (or $177 million ÷ $151 billion).

We were not able to identify any comprehensive source on hazardous materials imports and exports and therefore developed estimates for these figures using quarterly trade data from the Bureau of Economic Analysis and data on the transportation of hazardous materials from the Census Bureau's 2007 Commodity Flow Survey. The quarterly trade data on the value of imports and exports—for fuels and lubricants, chemicals, and medicinal/dental/pharmaceutical products—were summed to produce a single annual trade value for 2010 for industries that produce hazardous materials. Before aggregating the import and export values, we reduced the import values by half to take into account the assumption mentioned previously that foreign producers would be able to pass on only half of the additional hazard communication costs to U.S. consumers. Total annual trade for industries that produce hazardous materials was computed to be just over $498 billion in 2010.

We then multiplied this $498 billion trade figure by 12.4 percent, the percentage of output in these industries reported to be hazardous products; this parameter was obtained from Table 10 in the 2007 Commodity Flow Survey for Hazardous Materials. The resulting estimate indicates that approximately $62 billion worth of hazardous materials were involved in international trade with the United States in 2010.

Multiplying the hazard communication cost per dollar of hazardous material output ($0.001) by the value of hazardous materials involved in international trade ($62 billion) results in a hazard communication cost estimate of approximately $62 million per year that companies would have to pay to comply with different regulatory requirements applicable to international movements. Harmonizing the HMR with international standards will make these $62 million in hazard communications costs unnecessary, and therefore is the main benefit attributable to this rulemaking.

Cost of Harmonization. The potential costs of this rulemaking include private sector compliance costs and any costs that can be attributed to a possible reduction in public safety as a result of harmonizing the HMR with international standards. We expect that both of these costs will be negligible. Estimates suggest that private sector compliance costs associated with complying with the different amendments in the final rule will be minimal. In terms of costs due to any reduction in public safety as a result of harmonizing the HMR with international standards, PHMSA believes that none of the proposed revisions to the HMR have material safety impacts. We therefore assume that the gross social costs of this NPRM are effectively zero.

Net Benefit. Based on the discussions of benefits and costs provided above the estimated net benefit associated with the international harmonization final rule (2137-AE87) is nearly $62 million.

C. Executive Order 13132

This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). This final rule preempts State, local, and Indian tribe requirements but does not impose any regulation that has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.

The Federal hazardous material transportation law, 49 U.S.C. 5101-5128, contains an express preemption provision (49 U.S.C. 5125(b)) that preempts State, local, and Indian tribe requirements on certain covered subjects, as follows:

(1) The designation, description, and classification of hazardous material;

(2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material;

(3) The preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents;

(4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; and

(5) The design, manufacture, fabrication, inspection, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.

This final rule addresses covered subject items (1), (2), (3), (4) and (5) above and preempts State, local, and Indian tribe requirements not meeting the “substantively the same” standard. This final rule is necessary to incorporate changes adopted in international standards, effective January 1, 2013. If this final rule was not adopted, U.S. companies, including numerous small entities competing in foreign markets, will be at an economic disadvantage. These companies will be forced to comply with a dual system of regulations. The changes in this final rule are intended to avoid this result. Federal hazardous materials transportation law provides at 49 U.S.C. 5125(b)(2) that, if DOT issues a regulation concerning any of the covered subjects, DOT must determine and publish in the Federal Register the effective date of Federal preemption. The effective date 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. The effective date of Federal preemption is 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”). Because this final rule does not have tribal implications and, does not impose substantial direct compliance costs the funding and consultation requirements of Executive Order 13175 do not apply.

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

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities, unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. This final rule facilitates the transportation of hazardous materials in international commerce by providing consistency with international standards. This final rule applies to offerors and carriers of hazardous materials, some of whom are small entities, such as chemical manufacturers, users and suppliers, packaging manufacturers, distributors, and training companies. As discussed above, under Executive Order 12866, the majority of amendments in this final rule should result in cost savings and ease the regulatory compliance burden for shippers engaged in domestic and international commerce, including trans-border shipments within North America.

Many companies will realize economic benefits as a result of these amendments. Additionally, the changes effected by this final rule will relieve U.S. companies, including small entities competing in foreign markets, from the burden of complying with a dual system of regulations. Therefore, 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”) and DOT's procedures and policies to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of draft rules on small entities are properly considered.

F. Paperwork Reduction Act

PHMSA currently has approved information collections under Office of Management and Budget (OMB) Control Number 2137-0018, “Inspection and Testing of Portable Tanks and Intermediate Bulk Containers,” and OMB Control Number 2137-0572, “Testing Requirements for Non-Bulk Packages.” This final rule may result in an increase in the annual burden and costs of both OMB Control Numbers due to the proposed amendments to allow the use of metals other than steel or aluminum for drums and boxes as well as the proposed new Flexible Bulk Container package authorization, which will require package manufacturers to document and maintain package test results, should they elect to manufacture Flexible Bulk Containers or of metals other than steel or aluminum for drums and boxes.

Under the Paperwork Reduction Act of 1995, no person is required to respond to an information collection unless it has been approved by OMB and displays a valid OMB control number. Section 1320.8(d), title 5, Code of Federal Regulations requires that PHMSA provide interested members of the public and affected agencies an opportunity to comment on information and recordkeeping requests.

This notice identifies revised information collection requests that PHMSA will submit to OMB for approval based on the requirements in this final rule. PHMSA has developed burden estimates to reflect changes in this final rule, and estimates the information collection and recordkeeping burden in this rule to be as follows:

OMB Control No.: 2137-0018.

Annual Increase in Number of Respondents: 25.

Annual Increase in Annual Number of Responses: 50.

Annual Increase in Annual Burden Hours: 200.

Annual Increase in Annual Burden Costs: $5,000.

50 estimated responses at $25 per hour and four hours per response.

OMB Control No.: 2137-0572.

Annual Increase in Number of Respondents: 100.

Annual Increase in Annual Number of Responses: 300.

Annual Increase in Annual Burden Hours: 600.

Annual Increase in Annual Burden Costs: $15,000.

300 Annual responses at $25 per hour and 2 hours per response.

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 generally 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

This final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $141.3 million or more, adjusted for inflation, to either State, local, or tribal governments, in the aggregate, or to the private sector in any one year, and is the least burdensome alternative that achieves the objective of the rule.

I. Environmental Assessment

The National Environmental Policy Act, 42 U.S.C. 4321-4375, requires that federal agencies consider the consequences of major Federal actions and prepare a detailed statement on actions significantly affecting the quality of the human environment. The Council on Environmental Quality (CEQ) regulations 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 (40 CFR 1508.9(b)).

Description of Action

Docket No. PHMSA-2012-0027 (HM-215L), Final Rule. The transportation of hazardous materials in commerce is subject to the HMR, issued under authority of Federal hazardous materials transportation law, codified at 49 U.S.C. 5001 et seq. To facilitate the safe and efficient transportation of hazardous materials in international commerce, the HMR provides that both domestic and international shipments of hazardous materials may be offered for transportation and transported under provisions of the international regulations.

Purpose and Need

In this final rule, PHMSA is amending the HMR to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize and align the HMR with recent amendments adopted in the UN Model Regulations, IMDG Code, and the ICAO Technical Instructions. The amendments in this final rule are intended to facilitate the safe and efficient transportation of hazardous materials in international commerce, provide clarity designed to encourage and increase regulatory compliance, and improve the efficacy of emergency response in the event a hazardous materials incident occurs.

Alternatives

In developing this rule, we considered three alternatives:

(1) Do nothing.

(2) Adopt the international standards in their entirety.

(3) Adopt most of the international standards, with certain modifications based on safety or economic considerations.

Alternative 1

Because our goal is to facilitate uniformity, compliance, commerce and safety in the transportation of hazardous materials, we rejected this alternative.

Alternative 2

By adopting the international standards in their entirety, PHMSA could potentially adopt provisions that, in our view, do not provide an adequate level of transportation safety and environmental safety and protection. Further, because we provide for domestic exceptions and extended compliance periods to minimize the potential economic impact of any revisions on the regulated community, this alternative was also rejected.

Alternative 3

Consistency between U.S. and international regulations helps to assure the safety of international hazardous materials transportation and the environment through better understanding of the regulations, an increased level of compliance, the smooth flow of hazardous materials from their points of origin to their points of destination, and effective emergency response in the event of a hazardous materials incident. Under Alternative 3, we would harmonize the HMR with international standards to the extent consistent with U.S. safety, economic, and environmental protection goals.

Alternative 3 is the only alternative that addresses, in all respects, the purpose of this regulatory action, which is to facilitate the safe and efficient transportation of hazardous materials in international commerce and the protection of the environment. These actions will provide the greatest possible harmonization with international requirements without posing an undue increased cost burden on the regulated community. For these reasons, alternative 3 is our selected alternative.

Analysis of Environmental Impacts

Hazardous materials are transported by aircraft, vessel, rail, and highway. The potential for environmental damage or contamination exists when packages of hazardous materials are involved in accidents or en route incidents resulting from cargo shifts, valve failures, package failures, or loading, unloading, or handling problems. The ecosystems that could be affected by a release include air, water, soil, and ecological resources (for example, wildlife habitats). The adverse environmental impacts associated with releases of most hazardous materials are short-term impacts that can be greatly reduced or eliminated through prompt clean-up of the accident scene. Most hazardous materials are not transported in quantities sufficient to cause significant, long-term environmental damage if they are released.

The hazardous material regulatory system is a risk-management system that is prevention-oriented and focused on identifying hazards and reducing the probability and quantity of a hazardous material release. Amending the HMR to maintain alignment with international standards enhances the safe transportation of hazardous materials in domestic and international commerce. When considering the adoption of international standards under the HMR, we review and consider each amendment on its own merit and assess the likely impact on transportation safety and the environment. It is our conclusion that the provisions in this final rule will not have either a substantial positive or adverse effect on the environment. In this final rule PHMSA is adopting the following noteworthy amendments to the HMR:

Chemicals under pressure. Manufacturers in the United Kingdom, the United States, Australia, Canada, and other countries are supplying pressurized products contained and transported in gas cylinders. The products are liquids or solids such as adhesives, coatings and cleaners combined with a gas or gas mixtures in pressure receptacles under sufficient pressure to expel the contents. These mixtures are typically expelled from the pressurized cylinders as foams, streams or thick sprays. Currently the HMR does not comprehensively address chemicals under pressure. Because of the substantial packaging integrity inherent in pressure vessel designs, PHMSA believes the chemical under pressure amendments in this rule will result in a positive environmental impact.

Flexible Bulk Containers (FBCs). Incorporate a new packaging definition, operational controls, performance-oriented standards, and testing requirements for Flexible Bulk Containers (FBCs). FBCs are flexible bulk packages with a capacity over the currently authorized maximum volumetric capacity for flexible IBCs, but not exceeding 15 cubic meters. FBCs provide shippers the opportunity to utilize a reusable flexible packaging for bulk shipments of certain authorized low-hazard commodities, all of which are currently authorized in non-specification bulk bins. Because of the inherent integrity of a specification packaging design when compared to a non-specification packaging design, PHMSA believes the amendments in this final rule authorizing the construction and use of FBCs will result in a net positive environmental impact due to a possible decrease in the unintentional release of hazardous material.

Packaging Authorizations. Part 173 of the HMR prescribes the general requirements for shipment preparation and packaging selection for hazardous materials. Consistent with amendments adopted in the various international standards, we are amending multiple Part 173 packaging sections by authorizing additional packaging specifications used to package hazardous materials. These amendments include, but are not limited to, the authorization to use wood as a material of package construction for certain explosives, the authorization to use metals other than steel or aluminum for boxes and drums for certain hazardous materials, and the incorporation of authorizations and specifications of FBCs. Because of the substantial integrity in the newly authorized packaging specifications, PHMSA believes the amendments in this final rule will result in a positive environmental impact. Higher integrity packaging designs prevent the unintentional release of hazardous materials when transported in commerce.

Vessel Stowage Requirements. The requirements for vessel stowage are described and specified in § 172.101(k) and HMT entries are assigned appropriate vessel stowage codes and stowage special provisions in column 10 of the HMT. We are clarifying these instructions by revising the vessel stowage location requirements for explosives and reducing the number of explosive stowage categories from 15 to 5 in column 10A of the HMT. Specifically, explosive stowage categories 6 through 15 are eliminated, and stowage categories 1 through 5 are retained and modified. We are also adopting modifications to the vessel stowage provisions indicated in column 10B of the HMT. In order to harmonize with the IMDG Code, PHMSA is incorporating the addition of a new definition for protected from sources of heat and potential or possible sources of ignition (see Section 176.2 of this final rule for definitions), and subsequently revise and delete various vessel stowage provisions.

The amendments adopted in this final rule consolidate the number of vessel stowage codes for explosives, resulting in greater clarity in the HMR and reducing the potential for unintentional release of hazardous materials. PHMSA believes these changes will have a positive impact on the environment.

Conclusion

In the NPRM PHMSA sought public comments on our environmental assessment. No comments were received. In this final rule, PHMSA is amending the HMR in response to revisions adopted in the various international standards. Through this integrated and cooperative approach, we believe we can be most successful in reducing incidents, enhancing public safety, and protecting the environment. The amendments are intended to update, clarify, or provide relief from certain existing regulatory requirements and to provide greater flexibility in packaging selection suitable for the transportation of hazardous materials. PHMSA believes the net environmental impact of this rule will be somewhat positive. Additionally, we believe there will be little or no adverse environmental impact associated with the amendments adopted in this rule. We conclude that there are no significant environmental impacts associated with this rule.

J. Privacy Act

Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comments (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) which may be viewed at http://www.gpo.gov/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

K. Executive Order 13609 and International Trade Analysis

Under E.O. 13609, 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. 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 (Public Law 96-39), as amended by the Uruguay Round Agreements Act (Public Law 103-465), prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. For purposes of these requirements, Federal agencies may participate in the establishment of international standards, so long as the standards have a legitimate domestic objective, such as providing for safety, and do not operate to exclude imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards.

PHMSA participates in the establishment of international standards to protect the safety of the American public, and we have assessed the effects of this final rule to ensure 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 E.O. 13609 and PHMSA's obligations under the Trade Agreement Act, as amended.

List of Subjects

49 CFR Part 171

• Exports
• Hazardous materials transportation
• Hazardous waste
• Imports
• Incorporation by reference
• Reporting and recordkeeping requirements

49 CFR Part 172

• Education
• Hazardous materials transportation
• Hazardous waste
• Incorporation by reference
• Labeling
• Markings
• Packaging and containers
• Reporting and recordkeeping requirements

49 CFR Part 173

• Hazardous materials transportation
• Incorporation by reference
• Packaging and containers
• Radioactive materials
• Reporting and recordkeeping requirements
• Uranium

49 CFR Part 175

• Air carriers
• Hazardous materials transportation
• Incorporation by reference
• Radioactive materials
• Reporting and recordkeeping requirements

49 CFR Part 176

• Hazardous materials transportation
• Incorporation by reference
• Maritime carriers
• Radioactive materials
• Reporting and recordkeeping requirements

49 CFR Part 178

• Hazardous materials transportation
• Incorporation by reference
• Motor vehicle safety
• Packaging and 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 is amending 49 CFR Chapter I as follows:

PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for part 171 continues to read as follows:

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

2. Revise § 171.7 to read as follows:

3. In § 171.8, the definition of “Flexible bulk container” is added in alphabetical order to read as follows:

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

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

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

5. In § 172.101:

a. Paragraph (c)(10)(i) introductory text is revised;

b. The first sentence in paragraph (c)(10)(iii) is revised;

c. Paragraph (k) is revised; and

d. The Hazardous Materials Table is amended by removing the entries under “[REMOVE]”, by adding the entries under “[ADD]”, and revising entries under “[REVISE]” in the appropriate alphabetical sequence.

The revisions and additions read as follows: