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

- **operation:** document
- **citation:** 66 FR 33316
- **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:** historical
- **official:** true
- **published on:** 2001-06-21
- **effective on:** 2001-10-01
- **summary:** This final rule amends 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, this final rule revises 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 revisions are necessary to facilitate the transport of hazardous materials in international commerce.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/federal-register-01-13836.json
- **markdown:** https://regulus.evalyn.ai/document/federal-register-01-13836.md
- **app url:** https://regulus.evalyn.ai/document/federal-register-01-13836
- **source url:** https://www.federalregister.gov/documents/2001/06/21/01-13836/harmonization-with-the-united-nations-recommendations-international-maritime-dangerous-goods-code
**body:**

Federal Register, Volume 66 Issue 120 (Thursday, June 21, 2001) [Federal Register Volume 66, Number 120 (Thursday, June 21, 2001)] [Rules and Regulations] [Pages 33316-33454] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 01-13836] [[Page 33315]] ----------------------------------------------------------------------- Part II Department of Transportation ----------------------------------------------------------------------- Research and Special Programs Administration ----------------------------------------------------------------------- 49 CFR Part 171, et al. Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Final Rule Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations [[Page 33316]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171, 172, 173, 175, 176, 177, 178, 179 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: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends 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, this final rule revises 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 revisions are necessary to facilitate the transport of hazardous materials in international commerce. DATES: Effective Date: The effective date of these amendments is October 1, 2001. Voluntary Compliance Date: With the exceptions of the ICAO Technical Instructions, 2001-2002 Edition and the International Atomic Energy Agency's (IAEA) Regulations for the Safe Transport of Radioactive Material, No. TS-R-1, which are authorized for use on July 1, 2001, RSPA is authorizing immediate voluntary compliance. However, persons voluntarily complying with these regulations should be aware that petitions for reconsideration may be received and as a result of RSPA's evaluation of those petitions, the amendments adopted in this final rule could be subject to further revision. Delayed Compliance Date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning on October 1, 2002. Incorporation by Reference Date: The incorporation by reference of publications listed in these amendments in Sec. 171.7 has been approved by the Director of the Federal Register as of October 1, 2001. 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 October 23, 2000, the Research and Special Programs Administration (RSPA) (hereafter, ``we'' and ``our'' means ``RSPA'') published a notice of proposed rulemaking (NPRM) (65 FR 63294) under Docket HM-215D. The NPRM proposed changing the Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, based on the UN Recommendations, the IMDG Code and the ICAO Technical Instructions 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. On February 1, 2001, we published a final rule under Docket HM-215D (66 FR 8644) authorizing the use of the updated editions of the IMDG Code, the UN Recommendations and the UN Recommendations Manual of Tests and Criteria as proposed in the October 23, 2000 NPRM. This final rule addresses all other proposals published in the NPRM. 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. In Sec. 171.11, subject to certain conditions and limitations, the HMR authorizes the offering, acceptance and transport of hazardous materials by aircraft, in conformance with the ICAO Technical Instructions, and by motor vehicle either before or after being transported by aircraft. On December 21, 1990, we 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, for harmonization with international standards. 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. According to the American Chemistry Council, exports of chemicals totaled almost $80 billion in the year 2000, while imports totaled nearly $74 billion. Harmonization serves to facilitate international transportation and at the same time ensures the safety of people, property and the environment. While the intent of the harmonization rulemakings is to align the HMR with international standards, we review and consider each amendment on its own merit. Each amendment is considered on the basis of the overall impact on transportation safety and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without sacrificing the current HMR level of safety and without imposing undue burdens on the regulated public. In our efforts to continue the alignment of the HMR with international requirements, this final rule makes changes to the HMR based on the eleventh revised edition of the UN Recommendations, Amendment 30 to the IMDG Code, which became effective January 1, 2001; and, the 2001-2002 ICAO Technical Instructions [[Page 33317]] which becomes effective July 1, 2001. Petitions for rulemaking pertinent to harmonization with international standards and the facilitation of international transportation are also addressed in this final rule and serve as the basis of certain amendments. Other amendments are based on feedback from the regulated industry, other DOT modal administrations and our initiative. Included are a few editorial clarifications. Certain commenters raised nonregulatory issues, issues that are beyond the scope of this rulemaking or suggested revisions that are now impractical (such as correcting the spelling of an entry that we removed). Such comments will not be addressed. Unless otherwise stated, the revisions are for harmonization with international standards. II. Overview of Changes in This Final Rule (See specific section for discussion of comments.) Amendments to the HMR in this final rule include: --Incorporation by reference of the updated ICAO Technical Instructions and addition of incorporation by reference of five current standards which include an International Atomic Energy Agency (IAEA) 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 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 shipping name amendments include replacing the word ``inhibited'' with ``stabilized.'' Entry removals include certain domestic entries for which corresponding UN entries are currently 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, IM 102, DOT 51, DOT 57 and DOT 60 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. --Revision of minimum thickness requirements for metal IBCs. --Revision of several explosive packing methods to allow a broader selection of authorized packagings. --Revision of provisions for cigarette lighters and alcoholic beverages carried aboard aircraft. --Revision of the segregation table for hazardous materials stowed on aircraft. --Allowance of the display of only 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 are updating the incorporation by reference for the ICAO Technical Instructions, and adding an ASTM standard, the current edition of the IAEA safety standard and three ISO standards as specified below. Amendment 30 to the IMDG Code, the eleventh revised edition of the UN Recommendations and the third revised edition of the UN Recommendations Manual of Tests and Criteria were incorporated into the HMR in a final rule under Docket HM-215D published February 1, 2001 (66 FR 8644) with a voluntary compliance date authorized as of January 1, 2001. One commenter opposed incorporation by reference of ASTM's E- 112-96 Standard for Test Methods for Determining Average Grain Size,'' and ISO's 1496-3 ``Series 1 freight containers--Specification and testing,'' 1996 edition; 4126-1 ``Safety valves-Part 1: General Requirements,'' 1991 edition, and 6892 ``Metallic materials--Tensile testing,'' 1984 edition. According to the commenter, the industry supports the use of voluntary consensus standards in commercial applications, however, because of the ``frequency of change'' and because industry does not adopt the standards verbatim, the commenter suggests that these standards be used as guidance. We disagree. The ``National Technology Transfer and Advancement Act of 1995'' directs agencies to use voluntary consensus standards. According to the Office of Management and Budget (OMB), Circular A-119, ``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,'' government agencies must use voluntary consensus standards wherever practical in the development of regulations. Agency adoption of industry standards promotes productivity and efficiency in government and industry, expands opportunities for international trade, conserves resources, improves health and safety and protects the environment. Furthermore, requirements in the industry consensus standards are not required to be applied on a mandatory basis unless specifically referenced as such. When incorporating standards in the HMR, we typically specify the specific requirements in the standard that must be met. Requirements that are not mandated in adopted standards are rarely imposed on a mandatory basis in RSPA rulemaking initiatives. On this basis, we are incorporating the standards as proposed. For international shipments of radioactive material, we are adopting the International Atomic Energy Agency (IAEA) safety standards, ``Regulations for the Safe Transport of Radioactive Material, No. TS-R-1'' with restrictions for its use for the domestic portion of the transport. Additionally, we are retaining Safety Series No. 6 with the same restrictions. As explained previously, TS-R-1 is the updated edition of the current Safety Series No. 6. Under this final rule, domestic shipments remain subject to the HMR requirements which are based on Safety Series No. 6. For domestic use, a proposal to adopt some or all of the TS- [[Page 33318]] R-1 standards will be addressed under a separate rulemaking, Docket HM- 230, which will provide discussion and opportunity for comment. As discussed in the final rule under Docket HM-215D published on February 1, 2001, we received comments supporting and opposing the incorporation by reference of TS-R-1 into the HMR. We received several comments from industry supporting the incorporation of TS-R-1 including requests for expedited publication of this final rule. Shippers will be required to comply with the TS-R-1 standards for export shipments and failure to comply would result in foreign authorities refusing to accept hazardous materials shipments prepared in accordance with the HMR. Several commenters stressed the importance of a timely compliance date to allow for a reasonable period to implement the TS-R-1 standards and the ICAO Technical Instructions, which both become effective on July 1, 2001. One commenter pointed out that not only does the time element greatly inhibit the preparation of packagings when nearing the July 1, 2001 effective date, but it will also have an impact on packagings already in transit. One commenter stated that failure to adopt TS-R-1 for international shipments will result in serious health treatment implications because radioisotope pharmaceutical products that are necessary for such treatment would be frustrated in transportation. As discussed in the February 1, 2001 final rule, we received many comments from private citizens and local citizen groups opposing the incorporation of TS-R-1. Some of these commenters also opposed the adoption of the updated editions of the IMDG Code and the ICAO Technical Instructions because both incorporate TS-R-1. (The IMDG Code was adopted in the February 1, 2001 final rule.) Most of the commenters stated that TS-R-1 lowers the level of safety for the transportation of radioactive materials and thereby poses hazards to the public, however many of these commenters did not provide any technical basis for their opposition. The comments included claims that the TS-R-1 standards for Type B packagings are ``weakened.'' As discussed in the February 1, 2001 final rule, the commenters are incorrect. The TS-R-1 standards strengthen Type B packagings by adding immersion and crush testing to the previously required performance tests. Furthermore, the standards also add limits on the contents of Type B packaging when being transported by aircraft. Some commenters claimed that uranium hexafluoride packaging requirements are ``weakened'' in TS-R-1. These commenters are also incorrect. The criticality requirements for packages containing uranium hexafluoride did not change. Many of the commenters stated that TS-R-1's revised definition of radioactive material lowers the level of safety by changing the 70Bq/g activity concentration threshold. The revised radioactive material definition will be addressed under Docket HM-230 and is not adopted in this final rule. We are adding a paragraph to Secs. 171.11 and 171.12 to clarify that only the current definition of radioactive material applies. In addition, we are maintaining the current provisions in Secs. 171.11 and 171.12, including the values for Type A packaging contents. Shippers using TS-R-1 under the ICAO Technical Instructions or the IMDG Code must conform to the provisions and restrictions as set forth in Secs. 171.11 and 171.12, respectively. Based on the above, the incorporation by reference materials adopted in this final rule are as follows: --The ICAO Technical Instructions--2001-2002 edition. --ASTM's ``E 112-96 Standard for Test Methods for Determining Average Grain Size'' is 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. TS-R-1,'' 1996 edition is added while retaining the previous edition entitled, ``Regulations for the Safe Transport of Radioactive Material, Safety Series No. 6.'' The TS-R-1 requirements were incorporated into the IMDG Code which became effective on a voluntary basis on January 1, 2001 and the ICAO Technical Instructions which will be effective July 1, 2001. --Finally, we are adding three ISO standards to coincide with the incorporation of the UN portable tank requirements. The standards are as follows: ``ISO 1496-3 Series 1 freight containers--Specification and testing,'' 199 edition; ``ISO 4126-1 Safety valves-Part 1: General Requirements,'' 1991 edition; and, ``ISO 6892 Metallic materials-- Tensile testing,'' 1984 edition. In the NPRM, we proposed to add 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). Because the IMO Maritime Safety Committee adopted the INF Code for incorporation into the 2000 edition of the IMDG Code, which we authorized under Docket HM-215D (66 FR 8644) on February 1, 2001, we are not adding the INF Code separately under Sec. 171.7. Also see Secs. 176.2 and 176.720. Section 171.8. We are adding four new definitions to Sec. 171.8. ``Large packaging'' is added to correspond with the addition of an approval provision that allows the use of large packagings which comply with requirements in the UN Recommendations (see Sec. 178.801(i)). Large packagings are UN-marked bulk packagings which are very similar to IBCs, with the exception that they contain inner packagings. In the NPRM, we proposed to add a definition for ``Liner.'' After reconsideration, we believe that this definition is overly restrictive because it would preclude the use of liners such as those used in portable tanks, (for example, lead or rubber liner materials), bulk bins, IBCs and other types of packagings and the proposed definition would limit liners to bags and tubes. Plastic sheeting, rotationally molded rubber lining and other types of liners that are not bags or tubes would be excluded because the proposed definition limited liners to bags and tubes. On this basis, we are not incorporating the definition for ``Liner.'' ``Stabilized'' is 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'' is added in conjunction with the requirements for the design, construction and use of UN portable tanks (see Secs. 178.274, 178.275, 178.276 and 178.277). Section 171.10. To correspond with the incorporation of the UN portable tank specifications, we are adding the unit of measure for ``Newton'' into the Table of Conversion Factors in paragraph (c)(2). Section 171.11. We are adding a new paragraph (d)(6)(vi) to limit the radioactive material definition to Sec. 173.403. We are also adding 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. Section 171.12. In the NPRM, we proposed to revise paragraph(b)(3) by adding a limitation to the use of the IMDG Code, 2000 edition that became effective January 1, 2001. The limitation which regulates certain viscous flammable liquids that are excepted from the IMDG Code was incorporated [[Page 33319]] into the HMR on February 1, 2001 (66 FR 8646). One commenter stated that we should revise paragraph (b)(5) by removing the reference to Section 26 of the General Introduction to the IMDG Code because it will become obsolete January 1, 2002 (66 FR 8645) due to the extensive reformatting. We agree and are making the revision accordingly. We are also revising the paragraph to allow for the use of IBCs and UN portable tanks intended for liquids and solids that conform to the requirements of the IMDG Code. We are adding 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. In addition, we are revising paragraph (d) to reflect the addition of the current edition of the IAEA ``Regulations for the Safe Transport of Radioactive Material, No. TS-R-1,'' 1996 edition. (See Sec. 171.7 for discussion concerning the addition of the updated TS-R-1 standards) to ensure that radioactive material is defined in accordance with Sec. 173.403. Section 171.12a. We are adding 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 are revising 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 is October 1, 2001. However, we are authorizing immediate voluntary compliance. This authorization will allow shippers to prepare their international shipments in accordance with the new ICAO Technical Instructions, the IMDG Code and the HMR provisions. We also are authorizing a delayed mandatory compliance date of October 1, 2002 which is comparable to the transition provision provided in the final rule under Docket HM-215C. The delayed mandatory compliance date will 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 are revising paragraph (d)(2) to permit intermixing of old and new (HM-215D) hazard communication requirements until October 1, 2002. We are adding a new paragraph (d)(4) to allow the use of the T code special provisions (assigned to certain hazardous materials in Column (7) of the HMT) in effect on December 31, 2000 until January 1, 2010 for hazardous materials offered for transportation in IM, DOT Specification 51 and IMO portable tanks. This amendment is consistent with the IMDG Code grandfather provisions for portable tank requirements and will minimize any undue regulatory burden. We are adding a new paragraph (d)(5) to allow continued display of proper shipping names with the word ``inhibited'' on packagings until October 1, 2005. (See Sec. 172.101, HMT for further discussion.) Part 172 Section 172.101. Paragraph (b)(1) is being revised for clarification of the use of the plus (+) sign. (See preamble discussion later in this section under the Hazardous Materials Table (HMT). We are revising paragraph (c)(11) for materials transported as samples which are assigned a tentative proper shipping name, hazard class, identification number and packing group. We are adding provisions based on the eleventh revised edition of the UN Recommendations to include requiring the word ``SAMPLE'' to appear in the proper shipping name, requiring a combination packaging, limiting the packaging size to 2.5 kg and allowing an exception from including the technical name when the constituents are not known. We also are adding 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. We received several comments concerning our proposal to revise hazardous materials transported as samples. Some commenters stated that prohibiting samples from being packed together with other hazardous materials would be overly restrictive and impose an undue burden. Commenters presented examples to demonstrate their argument, including one scenario in which a hazardous material is transported on dry ice. Our intention for revising this paragraph is to prevent the dangerous mixing of materials as prohibited in Sec. 173.24 and to prevent the production of a mixture that would result in violation of Sec. 173.21. Because the HMR requires samples to meet the requirements in Secs. 173.21, 173.24, 173.24a and 173.24b, we agree that it is not necessary to prohibit samples from being shipped in the same packaging with other hazardous materials and are revising the paragraph accordingly. We are also removing proposed paragraph (c)(11)(i) in response to commenters' objections to the proposal prohibiting an explosive, infectious substance or radioactive material from being shipped as a sample. Provisions for transporting samples of such materials are currently authorized in the HMR and we agree that incorporation of the proposed paragraph (c)(11)(i) would be contrary to the current provisions. It was not our intention to remove the authorization to transport these materials as samples. As a result of these changes, certain proposed paragraphs are renumbered. One commenter requested that the word ``SAMPLE'' be allowed to be shown on the shipping paper in association with the basic description. That is our intent, and although we proposed to require the word ``SAMPLE'' to appear in association with the basic description in the NPRM's preamble, the regulatory text wording required the ``SAMPLE'' to be shown before the basic description. The commenter is correct and we are revising the regulatory text accordingly. One commenter requested that we change the term ``hazardous waste'' to ``waste'' because in accordance with Sec. 171.8 the term ``hazardous waste'' applies only to those materials subject to the EPA manifest requirements under 40 CFR part 262. The commenter is concerned that generators of waste not subject to the EPA manifest requirements would be restricted from transporting their materials as samples. The commenter is incorrect by misapplying the use of the term ``generators of waste'' and ``hazardous waste.'' Under the CFR, the term ``hazardous waste'' does not apply to hazardous materials that are not subject to the EPA manifest requirements. Such materials are considered ``a sample of material'' in the context of paragraph (c)(11) and are not considered ``waste'' under the 49 CFR. Finally, based on comments recommending various revisions to clarify the intent of the paragraph (c)(11), we made certain editorial amendments, including clarifying that technical descriptions do not apply when the primary constituents for which the tentative classification is based are not known. In paragraph (k) for vessel stowage requirements in Column (10) of the HMT, we are adding new paragraphs (k)(6) through (k)(20) to include the IMDG Code vessel stowage category definitions for Class 1 (explosive) materials. This action is consistent with the new stowage categories and terminology contained in Amendment 30 of the IMDG Code. (Also see [[Page 33320]] preamble discussion under ``The Hazardous Materials Table'' and Sec. 176.63.) The Hazardous Materials Table (HMT). Amendments to the HMT include the following: --Several commenters noted minor editorial errors in the HMT and we made the appropriate changes to correct these entries. --For the entries, ``Other regulated substances, liquid, n.o.s.'' and ``Other regulated substances, solid, n.o.s.,'' we are adding 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). One commenter requested that we allow marine pollutants to alternatively be described using the proper shipping names ``Other regulated substances, liquid, n.o.s.'' or ``Other regulated substances, solid, n.o.s,'' as appropriate. We are not adopting this requested amendment because the shipping names ``Environmentally hazardous substances, liquid, n.o.s.'' and ``Environmentally hazardous substances, solid, n.o.s'' more accurately describe marine pollutants as posing an environmental risk and are, therefore, more appropriate proper shipping names as required by the HMR. --We are adding 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 are revising 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 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 revising 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 adding the entry ``Air bag inflators, pyrotechnic or Air bag modules, pyrotechnic or seat-belt pretensioners, pyrotechnic,'' UN0503 for air bags that are classified as Division 1.4G. We inadvertently omitted this entry in the NPRM. While we are not considering changing our policy or procedures for the classification of air bags as articles of Class 9, on the basis of the UN Manual of Tests and Criteria, 6c test, we believe that other competent authorities may assign a classification of 1.4G for some air bags. Incorporation of this entry is necessary to preclude the potential for frustrated shipments, the need to re-mark certain packagings or to change shipping papers for these air bags, when they are classified as 1.4G by other competent authorities and are being transported to or from the United States. --We are revising all proper shipping names containing the word ``inhibited'' by replacing ``inhibited'' with the word ``stabilized.'' (Also, see the added definition for ``stabilized'' in Sec. 171.8.) One commenter opposed the proposal to replace the word ``inhibited'' with ``stabilized'' and suggested that, instead, we clarify that monomers can be properly inhibited through means other than the addition of an inhibitor. The commenter stated that the words ``inhibited'' and ``stabilized'' have the same meaning for the purpose of transportation and expressed concern that we do not understand the distinction between the two words. The commenter also requested that we add several generic n.o.s. entries that include the word ``inhibited'' in the proper shipping names. We are not convinced of the merits of either request. The word ``stabilized'' introduces internationally accepted and standardized hazard communication wording and conveys that the addition of a stabilizing compound or other means of stabilization such as temperature control measures, have been implemented to prevent an unwanted reaction of a hazardous material. The word ``stabilized'' conveys a broader meaning of inhibiting uncontrolled reaction of a hazardous material (see Sec. 171.8) by different methods. The continued use of the word ``inhibited'' would lead to a dual system of hazard communication that would be burdensome to shippers and carriers. In addition, the word ``stabilized'' is more adequately descriptive from the emergency responders' perspective. Adopting the word ``stabilized'' will also alleviate the necessity of issuing numerous exemptions for the variety of methods or combination of methods used to inhibit uncontrolled reactions without the use of inhibiting chemicals. Based on these reasons, we are adopting the amendment as proposed. One commenter requested that we extend the proposed transition period for this amendment to provide sufficient relief from remarking all affected bulk packagings. The commenter stated that an extended transition period would allow the remarking to be accomplished during routine maintenance and periodic inspection cycles. In the NPRM, we proposed a transition period until October, 2002. We agree that a longer transition period for domestic transportation would help relieve any undue burden associated with this amendment without having a significant impact on safety. We are including a transitional provision in Sec. 171.14 to allow the use of the word ``inhibited'' to be shown on packagings until October 1, 2005. The allowance of additional means of stabilization and the removal of certain domestic entries from the HMT (see domestic entry removals later in this section) also addresses a petition for rulemaking (P- 1304) requesting that we add a new domestic entry, ``Methyl methacrylate monomer, uninhibited,'' Class 3, NA1247, PG II to the HMT. As we stated, with respect to the request that we add generic n.o.s. entries that include the word ``inhibited,'' such an [[Page 33321]] action would also be contrary to the intent of global harmonization and would be beyond the scope of this rule. We are not adopting the request. Commenters having an interest in developing generic names for inclusion into the UN Recommendations should provide more specific information and examples of materials that require stabilization and are not covered by existing entries. --We are revising 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, stabilized,'' UN2531, we are replacing Packing Group III with Packing Group II. --We are removing various domestic entries that have ``NA'' identification number assignments. As discussed in the NPRM, 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. In the NPRM, the revision of ``Diesel fuel'' with the identification number NA1883 was a printing error which we are correcting in this final rule. ``Diesel fuel,'' NA1993 is retained and we are adding ``Diesel fuel, UN1202.'' This amendment will allow flexibility of choice in the use of proper shipping names for domestic transportation. In addition, for the convenience of the HMT users, we are separating the entry ``Gas oil or Diesel fuel or Heating oil, light'' by giving each name a separate line entry in appropriate alphabetical order. In response to comments requesting that we reconsider the proposed removal of ``Gasohol,'' we are not removing the entry from the HMT. One commenter recommended that we provide T codes and IBC codes (see Sec. 172.102, Special Provisions) for the entry ``Combustible liquid, n.o.s.,'' NA 1993. We agree with the commenter and are adding portable tank instruction T1, portable tank Special Provision TP1 and IBC code IB3. However, we did not assign IB6 to this entry, as requested by the commenter, because Sec. 173.150(f) currently allows for the use of non-specification bulk packagings. 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 are adding 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. TS-R- 1.'' In addition, we are revising the current radioactive material entries in the HMR to indicate that these entries may be used for domestic shipments, but may be inappropriate for international transportation. --For Class 1 (explosive) entries, we are revising 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 proposed adding a plus sign (+) in Column (1) of the HMT 
- **truncated:** true
- **body characters:** 929013