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

- **operation:** document
- **citation:** 65 FR 63295
- **title:** Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions
- **source type:** rulemaking
- **agency:** Research and Special Programs Administration
- **status:** proposed
- **official:** true
- **published on:** 2000-10-23
- **effective on:** Not available
- **summary:** RSPA proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. In addition, RSPA proposes to revise the requirements for intermediate bulk containers and UN portable tanks for alignment with international requirements. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these proposed revisions are necessary to facilitate the transport of hazardous materials in international commerce.
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Federal Register, Volume 65 Issue 205 (Monday, October 23, 2000) [Federal Register Volume 65, Number 205 (Monday, October 23, 2000)] [Proposed Rules] [Pages 63295-63435] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 00-21417] [[Page 63293]] ----------------------------------------------------------------------- Part II Department of Transportation ----------------------------------------------------------------------- Research and Special Programs Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, 173, etc. Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organizations Technical Instructions; Proposed [[Page 63294]] Rule Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Proposed Rules ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178 and 180 [Docket No. RSPA-2000-7702 (HM-215D)] RIN 2137-AD41 Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: RSPA proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. In addition, RSPA proposes to revise the requirements for intermediate bulk containers and UN portable tanks for alignment with international requirements. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these proposed revisions are necessary to facilitate the transport of hazardous materials in international commerce. DATES: Comments must be received by December 22, 2000. ADDRESSES: Address comments to the Dockets Management System, U.S. Department of Transportation, Room PL 401, 400 Seventh St., SW., Washington, DC 20590-0001. Comments should identify the docket number RSPA-00-7702 (HM-215D) and be submitted in two copies. If you wish to receive confirmation of receipt of your comments, include a self- addressed stamped postcard. You may also submit and review all comments by accessing the Docket Management System website at http://dms.dot.gov . Click on ``Help and Information'' to obtain instructions for filing a document electronically. The Dockets Unit is located on the Plaza Level of the Nassif Building at U.S. DOT at the above address. Public dockets may be reviewed between the hours of 10 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous Materials Standards, telephone (202) 366-8553, or Bob Richard, Assistant International Standards Coordinator, telephone (202) 366- 0656, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background On December 21, 1990, the Research and Special Programs Administration (RSPA) (hereafter, ``we'' and ``our'' means ``RSPA'') published a final rule based on the UN Recommendations [Docket HM-181; 55 FR 52402] which comprehensively revised the Hazardous Materials Regulations (HMR), 49 CFR parts 171 to 180, with respect to hazard communication, classification, and packaging requirements. The intended effect of the rule was to facilitate the international transportation of hazardous materials by ensuring a basic consistency between the HMR and international regulations, while at the same time ensuring the safe transportation of hazardous materials. The UN Recommendations are not regulations, but are recommendations issued by the UN Committee of Experts on the Transport of Dangerous Goods. These recommendations are amended and updated biennially by the UN Committee of Experts. They serve as the basis for national, regional, and international modal regulations (specifically, the IMDG Code, issued by the International Maritime Organization (IMO), and the ICAO Technical Instructions, issued by the ICAO Dangerous Goods Panel). In 49 CFR 171.12, the HMR authorize hazardous materials shipments prepared in accordance with the IMDG Code if all or part of the transportation is by vessel, subject to certain conditions and limitations. Offering, accepting and transporting hazardous materials by aircraft, in conformance with the ICAO Technical Instructions, and by motor vehicle either before or after being transported by aircraft, are authorized in Sec. 171.11, subject to certain conditions and limitations. Since publication of the 1990 final rule, we have issued three additional international harmonization final rules, (Dockets HM-215A, 59 FR 67390; HM-215B, 62 FR 24690; and HM-215C, 64 FR 10742). The rules provided additional harmonization with international air and sea transportation requirements by more fully aligning the HMR with the corresponding biennial updates of the UN Recommendations, the IMDG Code and the ICAO Technical Instructions. The continually increasing amount of hazardous materials transported in international commerce warrants the harmonization of domestic and international requirements to the greatest extent possible. Harmonization serves to facilitate international transportation and at the same time ensures the safety of people, property and the environment. Therefore, in our efforts to continue the alignment of the HMR with international requirements, this NPRM proposes changes to the HMR based on the eleventh revised edition of the UN Recommendations, the 2001-2002 ICAO Technical Instructions and Amendment 30 to the IMDG Code, all of which become effective January 1, 2001. Petitions for rulemaking pertinent to harmonization with international standards and the facilitation of international transportation are also addressed in this NPRM and serve as the basis of certain proposed changes. Other proposed changes are based on feedback from the regulated industry, RSPA and other DOT modal administrations, including a few proposed editorial clarifications and a Class 1 (explosives) placarding allowance for certain compatibility groups. Unless otherwise stated, the revisions are proposed for harmonization with international standards. II. Overview of Proposed Changes in this NPRM Proposed amendments to the HMR in this NPRM include: --Incorporation by reference of the updated ICAO Technical Instructions, IMDG Code and UN Recommendations and addition of incorporation by reference of six current standards which include an International Atomic Energy Agency (IAEA) safety standard, an IMO safety standard, three International Organization for Standardization (ISO) standards and one American Society for Testing Materials (ASTM) standard. --Amendments to the Hazardous Materials Table (HMT) which would 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 limitations. Proper [[Page 63295]] shipping name amendments include the proposal to replace the word ``inhibited'' with ``stabilized.'' Entry removals include certain domestic entries for which corresponding UN entries are included in the HMT. --Revision of vessel stowage category definitions and codes for Class 1 (explosive) materials. --Revision of shipping paper requirements for sea transport. --Addition, removal and revision of certain entries to the List of Marine Pollutants. --Addition, removal and revision of special provisions, including removal of current T codes and IBC bulk provisions and addition of UN portable tank codes and IBC special packing provisions, consistent with those in the UN Recommendations. --Removal of the requirement to distinguish between primary and subsidiary risk labels and placards. --Addition and revision to the list of organic peroxides and the list of self-reactive substances. --Revision of the requirements pertaining to the transportation of samples. --Revision of intermediate bulk container (IBC) requirements including amendments to the IBC commodity sections in Secs. 173.240, 173.241, 173.242, 173.243 and 173.247, and addition of UN IBC packing instructions and special IBC packing provisions in part 172. --Incorporation of the design, construction and use requirements for UN portable tanks. --Consolidation of current portable tank maintenance, approval and use requirements. --Inclusion of flexible grandfather provisions for the continued use of IM 101, IM102 and DOT 51 portable tanks. --Removal of specifications for DOT 52 and 53 portable tanks and the provisions for their continued use. --Incorporation of a provision for the use of the ``W'' mark for IBCs. --Inclusion of a 12 mm minimum marking size for IBCs. --Revision of minimum thickness requirements for metal IBCs. --Revision of several explosives packing methods to allow a broader selection of authorized packagings. --Revision of provisions for cigarette lighters and alcoholic beverages carried aboard aircraft. --Allowance of the display of one placard when certain explosive compatibility groups are transported together. --Revision of lithium battery requirements. III. Summary of Regulatory Changes by Section Part 171 Section 171.7. We propose to update the incorporation by reference for the ICAO Technical Instructions, the IMDG Code, the UN Recommendations and the UN Manual of Tests and Criteria. In addition, we propose to add an ASTM standard, the current edition of the IAEA safety standard, an IMO standard, and three ISO standards. All of the updated incorporation by reference material will become effective January 1, 2001 and would be updated as follows: --The ICAO Technical Instructions--2001-2002 edition. --The IMDG Code--Amendment 30. --The UN Recommendations--eleventh revised edition. --The UN Manual of Tests and Criteria--third revised edition. Additionally, all of the proposed added incorporation by reference material would become effective January 1, 2001 and would be added as follows: --ASTM's ``E 112-96 Standard for Test Methods for Determining Average Grain Size'' would be added to define ``fine grain steel'' as included in the proposed incorporation of the UN portable tank specifications in Sec. 178.274. --IAEA's current ``Regulations for the Safe Transport of Radioactive Material, No. ST-1,'' 1996 edition would be added while retaining the previous edition entitled, ``Regulations for the Safe Transport of Radioactive Material, Safety Series No. 6.'' The ST-1 requirements were incorporated in the IMDG Code and the ICAO Technical Instructions which will both be effective January 1, 2001. Adding the updated ST-1 edition and retaining Safety Series No. 6 would afford the flexibility necessary in an interim period when international shipments are required to be in accordance with the ST-1 edition. Domestic shipments would remain subject to the HMR requirements, which are based on Safety Series No. 6 pending amendment of these requirements under a separate rulemaking. --IMO'S current ``International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships' (INF Code) would be added. The IMO Maritime Safety Committee adopted the INF Code for incorporation into the IMDG Code. In addition, the INF Code is being made mandatory for international transportation effective January 1, 2001, through an amendment to Chapter VII of the International Convention for the Safety of Life at Sea, 1974 (SOLAS 1974, as amended). The incorporation by reference and inclusion of the proposed new Sec. 176.720 requirement for a vessel carrying irradiated nuclear fuel, plutonium and high-level radioactive wastes would align the HMR with these international standards. (Also, see Sec. 176.2. and Sec. 176.720.) --Finally, we are proposing to add three ISO standards to coincide with the proposed incorporation of the UN portable tank requirements. The standards are as follows: ``ISO 1496-3 Series 1 freight containers-- Specification and testing,'' 1996 edition; ``ISO 4126-1 Safety valves- Part 1: General Requirements,'' 1991 edition; and, ``ISO 6892 Metallic materials--Tensile testing,'' 1984 edition. Section 171.8. We would add four new definitions to Sec. 171.8. ``Large packaging'' would be added to correspond with the proposed addition of an approval provision that would allow the use of large packagings which comply with requirements in the UN Recommendations (see Sec. 178.801). Large packagings are UN-marked bulk packagings which are very similar to IBCs, with the exception that they contain inner packagings. ``Liner'' would be added for clarification purposes. ``Stabilized'' would be added in conjunction with the proposal to replace the word ``inhibited'' with ``stabilized'' in proper shipping names (see Sec. 172.101). Finally, ``UN portable tank'' would be added in conjunction with the proposal to include requirements for the design, construction and use of UN portable tanks (see Secs. 178.274, 178.275, 178.276, 178.277). Section 171.10. To correspond with the proposed incorporation of the UN portable tank specifications, we would add the unit of measure for ``Newton'' into the Table of Conversion Factors in paragraph (c)(2). Section 171.11. We propose to add a new paragraph (d)(17) to ensure conformance with the current approval provision in Sec. 173.128(d) which requires an approval from the Associate Administrator for the offering for transportation or transport of organic peroxides that are not identified by technical name in the Sec. 173.225(b) Organic Peroxide Table. (We also propose to add the new paragraph under Secs. 171.12 and 171.12a.) [[Page 63296]] Section 171.12. Paragraph (b)(3) would be revised by adding a limitation to the use of the IMDG Code by requiring that viscous flammable liquids, which are excepted from the IMDG Code when in a packaging of less than 450 liters (118.9 gallons) capacity, are subject to the HMR. We do not agree that the IMDG Code exception provides an adequate level of safety and opposed its incorporation in the ICAO Technical Instructions, the IMDG Code and UN Recommendations. We believe this requirement is necessary to ensure that importers and exporters are aware that these viscous flammable liquids are regulated in the United States. We also propose to add a new paragraph (b)(19) to ensure conformance with the current approval provision in Sec. 173.128(d), which requires an approval from the Associate Administrator for the offering for transportation or transport of organic peroxides that are not identified by technical name in the Sec. 173.225(b) Organic Peroxide Table. Finally, we proposed to revise paragraph (d) to reflect the addition of the current edition of the IAEA ``Regulations for the Safe Transport of Radioactive Material, No. ST-1,'' 1996 edition. (See Sec. 171.7 for discussion concerning the addition of the updated ST-1 standards.) Section 171.12a. We propose to add a new paragraph (b)(18) to ensure conformance with the current approval provision in Sec. 173.128(d) which requires an approval from the Associate Administrator for the offering for transportation or transport of organic peroxides that are not identified by technical name in the Sec. 173.225(b) Organic Peroxide Table. Section 171.14. We propose to revise paragraphs (d) and (d)(1) to authorize a delayed implementation date for the amendments adopted in the HM-215D final rule. The effective date of this final rule would be October 1, 2001. However, we would authorize a voluntary compliance date of January 1, 2001. This authorization would allow shippers to prepare their international shipments in accordance with the new ICAO Technical Instructions, the IMDG Code and the HMR provisions. We also would authorize a delayed mandatory compliance date comparable to the transition provisions provided in the final rule under Docket HM-215C. The delayed mandatory compliance date would offer sufficient time to implement the new provisions and deplete current stocks of shipping papers, labels, placards and packagings affected by the new requirements. We would revise paragraph (d)(2) to permit intermixing old and new (HM-215D) hazard communication requirements until October 1, 2002. We would add a new paragraph (d)(4) to allow the use of the T code special provisions (proposed to be assigned to a hazardous material in Column (7) of the HMT) in effect on December 31, 2000 until January 1, 2010 for hazardous materials offered for transportation in IM and IMO portable tanks. This proposal is consistent the IMDG Code and would minimize any undue regulatory burden. Part 172 Section 172.101. For alignment with international standards, we would revise paragraph (c)(11) and add new paragraphs (k)(6) through (k)(20). Consistent with the eleventh revised edition of the UN Recommendations, we would revise paragraph (c)(11) for materials transported as samples which are assigned a tentative proper shipping name, hazard class, identification number and packing group. We would revise the requirements by requiring the word ``SAMPLE'' to be included in association with the proper shipping name and by prohibiting the samples from being packaged together with other hazardous materials. We also would add a new paragraph (c)(16) to allow for the inclusion of the qualifying words ``liquid,'' ``solid'' or ``molten,'' as applicable, to a proper shipping name. Consistent with the new stowage categories and terminology contained in Amendment 30 of the IMDG Code, we would add new paragraphs (k)(6) through (k)(20) to include the IMDG vessel stowage category definitions for Class 1 (explosive) materials. (Also see preamble discussion under ``The Hazardous Materials Table'' and Sec. 176.63.) The Hazardous Materials Table (HMT). Proposed amendments to the HMT for the purpose of harmonizing with the eleventh revised edition of the UN Recommendations (unless otherwise stated) would include the following: --For the entries, ``Other regulated substances, liquid, n.o.s.'' and ``Other regulated substances, solid, n.o.s.,'' we would add the letter ``G'' to Column (1). The letter ``G,'' which denotes the n.o.s. and generic proper shipping names which are required to be supplemented with the technical names of the hazardous material (in parentheses and in association with the basic description), was inadvertently omitted in Docket HM-215C (64 FR 10742). --We would add the following new entries: ``Nitroglycerin mixture, desensitized, liquid, n.o.s. with not more than 30% nitroglycerin by mass,'' UN3357; ``Propellant, solid,'' UN0501; ``Refrigerating machines containing flammable, non-toxic, liquefied gas,'' UN3358; ``Rockets with inert head,'' UN0502; and ``1H-Tetrazole,'' UN0504. --We would revise the entry, ``Dangerous Goods in Machinery or Dangerous Goods in Apparatus'' by replacing the identification number NA8001 with UN3363, designating a Class 9 assignment and revising Special Provision 136 (see Sec. 172.102). These proposed changes reflect the adoption of the entry by the UN Committee of Experts and amendments agreed to by the ICAO Dangerous Goods Panel. The entry was added to the HMT under Docket HM-215C as NA8001 and assigned Special Provision 136 to prescribe the appropriate hazard class assignment. As explained in HM-215C, the entry was adopted in the ICAO Technical Instructions to provide an exception from the UN packaging performance tests for equipment, machinery or apparatus containing small quantities of hazardous materials. For machinery or apparatus not specifically listed in the HMT, the entry provides a practical means of describing and transporting machinery or apparatus containing small quantities of hazardous materials. In HM-215C, we stated that upon the assignment of a UN identification number, we would revise the entry accordingly. This was accomplished in the eleventh revised edition of the UN Recommendations in which UN3363 was assigned and this entry was assigned to Class 9. The ICAO Technical Instructions were amended consistent with this UN decision. Therefore, based on the above discussion, we are proposing to revise the entry, ``Dangerous Goods in Machinery or Dangerous Goods in Apparatus'' by assigning it to Class 9, replacing the domestic identification number with an international identification number, and revising Special Provision 136. --We are proposing to revise all proper shipping names containing the word ``inhibited'' by replacing ``inhibited'' with the word ``stabilized.'' (Also, see proposed definition for ``stabilized'' in Sec. 171.8.) Replacing the word ``inhibited'' with ``stabilized'' would recognize that, in addition to inhibition, other means of controlling self-reaction would be acceptable. The proposed allowance of additional means of stabilization and the proposed removal of certain domestic entries from the HMT (see domestic entry removals later in this section) would also address a petition for [[Page 63297]] rulemaking (P-1304) requesting that we add a new domestic entry, ``Methyl methacrylate monomer, uninhibited,'' Class 3, NA1247, PG II to the HMT. --We would revise the following proper shipping names: ``Lithium hypochlorite, dry or Lithium hypochlorite mixtures, dry,'' UN1471; ``Printing ink, flammable,'' UN1210; and ``Nitrocellulose membrane filters,'' UN3270. --For the entry, ``Methacrylic acid, inhibited,'' UN2531, we would replace Packing Group III with Packing Group II. --We propose to remove various domestic entries that have assigned ``NA'' identification numbers. After reviewing the domestic entries, we determined that the HMR includes ``UN'' identification numbers assigned to entries that are equally appropriate in a number of instances, and in these instances the NA numbers are no longer necessary. Included in the proposed removals are seven domestic pesticide proper shipping names identified by the pesticide industry as no longer being used. These entries are: ``Aldrin, liquid,'' NA2762; ``Aldrin, solid,'' NA2761; ``Dieldrin,'' NA2761; ``Methyl parathion liquid,'' NA3018; ``Methyl parathion solid, NA2783; ``Parathion,'' NA2783 and ``Tetraethyl pyrophosphate solid,'' NA3018. --We would add radioactive material (Class 7) entries consistent with new entries introduced in the UN Recommendations and IAEA's ``Regulations for the Safe Transport of Radioactive Material, No. ST- 1'' and revise the current radioactive material entries in the HMR to allow for domestic shipment only. --For Class 1 (explosive) entries, we would revise Columns (10A) and (10B) to reflect the vessel stowage codes as they are presented in Amendment 30 to the IMDG Code. (See Sec. 172.101(k) and Sec. 176.63.) --For the international entry ``Methanol,'' we would add a plus mark (+) in Column (1) of the HMT to indicate that this entry is classified with a subsidiary hazard of Class 6.1 on the basis of human experience. --We would remove the entry ``Isobutyric anhydride,'' UN2530. --For the entry ``Morpholine,'' UN2054, we would replace Class 3 with Class 8, replace Packing Group III with Packing Group I , and add Class 3 as the subsidiary hazard. --For ``Organic peroxide type F, solid, temperature controlled,'' (UN3120), we would remove the Packing Group III entry that was due to a printing error in 49 CFR. The PG II entry would remain. --For approximately 14 Zone A and B toxic-by-inhalation entries, we would revise the quantity limits for transport by air to ``forbidden.'' These revisions would be consistent with other toxic-by-inhalation entries in the HMT. --For the entry ``Fire extinguishers containing compressed or liquefied gas'' we would add Special Provision 110 to Column (7). --Based on a petition for rulemaking (P-1338) that we received from the Aluminum Company of America (Alcoa), we propose to add Special Provisions 128 and B115 to the entry, ``Magnesium granules, coated, particle size not less than 149 microns,'' UN2950. Special Provision 128 allows material meeting the Class 8 definition to be classed as a Division 4.3 with a Class 8 subsidiary hazard. Special Provision B115 authorizes the use of certain non-specification bulk packagings when the material being transported is loaded dry. Special Provisions 128 and B115 are currently assigned to ``Aluminum smelting by-products or Aluminum remelting by-products.'' Alcoa states that magnesium granules exhibit the same hazard properties as aluminum smelting and remelting by-products and behave similarly to these materials by occasionally meeting the criteria for both Division 4.3 and Class 8 materials. We agree with the petitioner and propose to add Special Provisions 128 and B115 to the entry ``Magnesium granules, coated, particle size not less than 149 microns,'' UN2950. (Also, see Sec. 172.102, Special Provision 128.) --For approximately 1,600 entries, we would revise Column (7) by harmonizing the HMR authorizations for IBCs with those contained in the UN Recommendations. In most cases, the UN Recommendations provide for greater flexibility in the use of different types of IBCs. However, in a few instances, the incorporation of the UN IBC requirements would further restrict the types of IBCs that are currently authorized for certain hazardous materials. For example, some Packing Group II liquid hazardous materials of Class 3, Division 6.1 and Class 8 that are currently authorized to be transported in composite IBCs with flexible inner receptacles (such as 31HZ2) would not be authorized in these types of IBCs if the UN provisions are adopted. For the benefit of the reader and to facilitate a review of the proposed amendments, we have included a table identifying all of the affected hazardous materials and indicating the current bulk assignments and the proposed IBC assignments. We would set out the IBC packaging requirements in a newly-created IBC Table under the Special Provisions section in Sec. 172.102(c)(4). The table would consist of IBC Codes (using the designations 1B1-1B99) corresponding to the UN IBC packing instructions, and BB Codes corresponding to the UN IBC special packing provisions. We would assign the IBC packing instructions and the BB codes to specific hazardous materials in Column (7) of the Sec. 172.101 HMT consistent with assignments in the UN Recommendations. In addition, we believe that consolidating the IBC requirements into one table would make it easier for readers to identify the authorized IBCs for specific hazardous materials and would enhance safety and international harmonization. As a result of this proposal, we would revise the bulk special provisions in Sec. 172.102 (c)(3) to remove the current bulk codes relevant to the use of IBCs. We would also revise the current IBC packaging authorizations under Secs. 173.240(d), 173.241(d), 173.242(d) and 173.243(d). This proposal also addresses a petition we received from the Rigid Intermediate Bulk Container Association (RIBCA) (P-1395) requesting that we amend the HMR to expand the use of IBCs consistent with new UN provisions. Specifically, the petitioner requested uniformity with the UN Recommendations by requesting that the HMR allow the use of rigid plastic IBCs and composite IBCs with a rigid plastic inner receptacle for certain liquids. We are in agreement with RIBCA's request; however, in the interest of harmonization, we believe it would be more beneficial to adopt the UN Recommendations' IBC packing instructions in totality, and, as such, present the proposal as discussed above. For purposes of the Government Printing Office's typesetting procedures, readers should be aware that for certain entries in the HMT, such as those with revised proper shipping names, the change may appear as a removal and addition, as opposed to a revision of the regulatory text in the Column (2) changes. Readers should review all changes appearing in the Sec. 172.101 regulatory text for a complete view of the proposed changes. Appendix B to Sec. 172.101. For the readers' convenience, in Appendix B to Sec. 172.101, List of Marine Pollutants, we [[Page 63298]] would revise paragraph ``1'' by referencing Sec. 171.4, which contains the applicability and exceptions for offering for transportation or transporting marine pollutants. We would revise paragraph ``2'' to reflect the IMDG Code's provision for the use of two Class 9 proper shipping names when a marine pollutant is not listed by name or by synonym in the HMT and does not meet the definitions of Class 1 through 8. In addition, a number of materials would be added, removed or amended in the List of Marine Pollutants. Included is the proposed removal of the entry ``EPTC (ISO)'' which also was the subject of a petition for rulemaking (P-1360) requesting removal of the entry based on its removal from the IMDG Code. Various other entries previously identified as marine pollutants are proposed to be removed. All of the proposed amendments to the List of Marine Pollutants are consistent with the marine pollutants provided in Amendment 30 of the IMDG Code. Section 172.102. We propose to revise, add and remove special provisions as follows: --Special Provision 43 would be revised to include a provision which would except ``Nitrocellulose membrane filters,'' UN3270 from the HMR requirements if shown not to meet the criteria for a Division 4.1 hazardous material, according to burn rate tests in Sub-section 33.2.1. of the UN Manual of Tests and Criteria, Part III. --Special Provision 110 would be revised to more fully identify fire extinguishers that may be assigned to certain proper shipping names. The proposal would also provide for harmonization with the ICAO Technical Instructions. (We also propose to add the special provision to the entry, ``Fire extinguishers containing compressed or liquefied gas.'' See Sec. 172.101 proposed HMT changes.) --Special Provision 128 would be revised based on the proposal to assign it to ``Magnesium granules, coated, particle size not less than 149 microns.'' (See Sec. 172.101, proposed Column (7) changes.) --Special Provision 136 would be revised to reflect the changes adopted by the UN Committee of Experts and the ICAO Dangerous Goods Panel for the entry ``Dangerous Goods in Machinery or Dangerous Goods in Apparatus.'' (Also see Sec. 172.101.) We would revise the special provision by removing the text specific to the determination of the hazard class based on the UN Committee of Experts' decision that items under this entry should be assigned to Class 9. --A new Special Provision 139 would be added for two new proposed entries, ``Radioactive material, transported under special arrangement, fissile'' and ``Radioactive material, transported under special arrangement non-fissile or fissile-excepted.'' The special provision requires international shipments using the two entries to be made under an IAEA Certificate of Competent Authority to be issued by the U.S. Competent Authority. Domestic shipments transported under the two entries would be allowed only under a DOT exemption. --A new Special Provision 142 would be assigned for the new entry ``Nitroglycerin mixture, desensitized, liquid, n.o.s.'' The special provision would require the material to be approved by the Associate Administrator. --A new Special Provision 143 would be added for the entry ``Life- saving appliances, not self-inflating, containing dangerous goods as equipment.'' The special provision would clarify which articles may be transported under this entry. -- In conjunction with the proposal to revise and consolidate the IBC requirements (see Sec. 172.101, Column (7) changes), we would make the following changes: revise the special provisions for bulk packagings in paragraph (c)(3) to exclude IBCs by revising Special Provisions B53 and B69 and removing Special Provisions B100, B101, B103 through B106 and B108 through B110, and a new paragraph (c)(4) would be added for special provisions specific to IBCs (BB Codes). --The current T codes in paragraph (c)(7) would be revised to reflect the proposed incorporation of requirements for UN portable tanks and would apply to hazardous materials of Classes 2 through 9. The revised T codes would be consistent with those in the UN Recommendations and the IMDG Code and would supersede the current HMR IM portable tank T codes. The T code provisions would be required in addition to the proposed requirements in part 178. The codes specify the types of authorized portable tanks according to the specific hazardous material transported in the portable tank. Portable tank assignments for Zone A and Zone B toxic-by-inhalation liquids would remain consistent with their current assignments in the HMR. In instances where the UN requires a competent authority approval for transportation in portable tanks (such as when TP9 is assigned in the UN Recommendations), we have removed the approval provision. A transition period would be provided for the continued use of the existing T codes for IM portable tanks (see Sec. 171.14(d)(5)). --A new Special Provision W7 would be added for seven proposed new Class 7 entries and would assign the vessel stowage category ``D,'' as defined in Sec. 172.101(k)(4), to uranyl nitrate hexahydrate solution. --A new Special Provision W8 would be added for four proposed new Class 7 entries and would assign the vessel stowage category ``D,'' as defined in Sec. 172.101(k)(4), to pyrophoric thorium metal or pyrophoric uranium metal. --Finally, a new Special Provision W9 would be added for assignment to the entries, ``Calcium hypochlorite, dry or Calcium hypochlorite mixtures dry with more than 39 percent available chlorine (8.8 percent available oxygen,'' UN1748; ``Calcium hypochlorite, hydrated or Calcium hypochlorite, hydrated mixtures with not less than 5.5 percent but not more than 10 percent water,'' UN2880; and ``Calcium hypochlorite mixtures, dry, with more than 10 percent but not more than 39 percent available chlorine.'' UN2208. This proposed action would align the packaging requirements for these entries with those contained in Amendment 30 to the IMDG Code by authorizing certain packagings only when approved by the Associate Administrator. Section 172.203. We are proposing to revise paragraphs (d)(11), (i) and (n). In paragraph (d)(11), we propose to allow an exception from the requirement to add the appropriate group notation to the shipping description for a shipment of low specific activity material or surface contaminated objects provided the symbols are contained in the proper shipping name. In paragraph (i), we would add two additional shipping paper description requirements for transportation by vessel. The first amendment would be added as new paragraph (i)(5) and would require the flashpoint for a liquid hazardous material with a flashpoint of 61 deg.C or below to be included on shipping papers when transported by water. We received a petition (P-1402) from the Vessel Operators Hazardous Materials Association (VOHMA) requesting that we add an additional shipping paper description requirement to include the minimum flashpoint in degrees Celsius for Class 3 (flammable) [[Page 63299]] or combustible liquid hazardous materials. VOHMA stated that the amendment would help support compliance with the current stowage requirements in Sec. 176.305(c) and the segregation requirements (Code 22 and 23, see Sec. 176.84) as designated in Column (10B) of the Sec. 172.101 Hazardous Materials Table. We agree with the petitioner's reasoning; however, for consistency with the IMDG Code, we propose to add the requirement to specify the flashpoint when it is 61 deg.C or below for all such liquid hazardous materials whether or not the primary hazard is Class 3. The second amendment to the additional shipping paper description requirements for transportation by vessel would be added as new paragraph (i)(6) and is based on comments from the USCG regarding further harmonization with the IMDG Code. The amendment would require subsidiary risks of a hazardous material that are not reflected in the proper shipping name to be included on shipping papers. Finally, in paragraph (n), we are proposing to clarify that the shipping paper requirement for the word ``HOT'' to be placed immediately preceding the proper shipping names of hazardous materials that are transported as elevated temperature materials, is not required for proper shipping names containing the words ``Molten'' or ``Elevated temperature.'' Sections 172.402, 172.405 and 172.411. Consistent with the eleventh revised edition of the UN Recommendations, we are removing the requirement to differentiate between primary and subsidiary labels. Currently, primary labels are required to display the hazard class or division number in the lower corner of the label, while subsidiary labels may not display these numbers. We are proposing to amend the requirement which provides for two label specifications (one for primary hazards and one for subsidiary hazards) by removing the subsidiary hazard label specification. Upon adoption of this proposal, labels used to convey both primary and subsidiary hazards would display the appropriate hazard class or division number at the bottom of the label. This proposed change would provide relief by eliminating the need for shippers to stock two sets of labels. We also propose to allow labels meeting the current label specifications to continue to be displayed until October 1, 2005. Section 172.504. Based on comments and our own initiative, we are proposing to allow the display of only one placard displaying one compatibility letter when certain Class 1 materials (explosives) of different compatibility groups are transported together in a single transport vehicle or container. This proposal is consistent with the mixed packaging allowances in Sec. 173.61. Section 172.519. Consistent with the proposal to eliminate the distinction between primary and subsidiary labels, we would revise paragraph (b)(4) to eliminate the requirement for placards. In addition, we would incorporate a new paragraph (b)(4)(i) to permit subsidiary placards meeting the current placarding specifications (such as placards without the hazard class or division number displayed in the lower corner of the placard) to continue to be displayed provided they were permanently affixed before January 1, 2001. Non-permanently affixed subsidiary placards meeting the current placarding specifications would be allowed to be displayed until October 1, 2005 or until current stocks are depleted, whichever occurs first. Part 173 Section 173.2a. Consistent with the eleventh revised edition of the UN Recommendations, we would revise Note 2 to exclude liquid and solid desensitized explosives. In addition, we would add the revised Note 2 to Class 3, PG I, II and III. Section 173.4. Based on a request for clarification, we would revise paragraph (a) to clarify that the small quantity exceptions apply to packagings containing articles, as well as inner receptacles. Section 173.24b. We would add a new paragraph (e) to address acceptance of foreign man
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