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

- **operation:** document
- **citation:** 67 FR 72034
- **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:** 2002-12-03
- **effective on:** Not available
- **summary:** RPSA is proposing to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce.
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Federal Register, Volume 67 Issue 232 (Tuesday, December 3, 2002) [Federal Register Volume 67, Number 232 (Tuesday, December 3, 2002)] [Proposed Rules] [Pages 72034-72085] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 02-29897] [[Page 72033]] ----------------------------------------------------------------------- Part II Department of Transportation ----------------------------------------------------------------------- Research and Special Programs Administration ----------------------------------------------------------------------- 49 CFR Parts 171, et al. Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Proposed Rule Federal Register / Vol. 67, No. 232 / Tuesday, December 3, 2002 / Proposed Rules [[Page 72034]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171, 172, 173, 175, 176, 178 and 180 [Docket No. RSPA-2002-13658 (HM-215E)] RIN 2137-AD41 Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: RPSA is proposing to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce. DATES: With the exception of incorporation by reference materials, comments must be received by February 3, 2003. Comments for the incorporation by reference of publications listed in Sec. 171.7 must be received by January 2, 2003. ADDRESSES: Address your comments to the Dockets Management System, U.S. Department of Transportation, 400 Seventh St., SW., Room PL 401, Washington, DC 20590. Comments must identify Docket Number RSPA-2002- 13658 (HM-215E). 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 Dockets Management System's Web-site at http://dms.dot.gov . The Dockets Management System is located on the Plaza Level of the Nassif Building at the above address. You may view public dockets between the hours of 9 a.m. and 5 p.m., Monday through Friday, except on federal holidays. Comments received after the comment closing date will be filed in the docket and considered to the extent practicable. Comments should include relevant data, factual information, and justification for any requested actions. FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous Materials Standards, telephone (202) 366-8553, or Shane Kelley, International Standards, telephone (202) 366-0656, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background On December 21, 1990, RSPA (``we'') published a final rule (Docket HM-181; 55 FR 52402) based on the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), 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 four additional international harmonization final rules, (Dockets HM-215A, 59 FR 67390; HM-215B, 62 FR 24690; HM-215C, 64 FR 10742; and HM-215D, 66 FR 33316). The rules provided additional harmonization with international transportation requirements by more fully aligning the HMR with the corresponding biennial updates of the UN Recommendations, the International Maritime Dangerous Goods Code (IMDG Code) and the International Civil Aviation Organization's Technical Instructions (ICAO Technical Instructions). The UN Recommendations are not regulations, but rather are recommendations issued by the UN Committee of Experts on the Transport of Dangerous Goods. These recommendations are amended and updated biennially by the UN Committee of Experts. They serve as the basis for National, regional, and international modal regulations; specifically, the IMDG Code 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 domestic transportation of hazardous materials shipments prepared in accordance with the IMDG Code if all or part of the transportation is by vessel, subject to certain conditions and limitations. In Sec. 171.11, subject to certain conditions and limitations, the HMR authorizes the offering, acceptance and transport of hazardous materials by aircraft, and by motor vehicle either before or after being transported by aircraft, provided the shipment is in accordance with the ICAO Technical Instructions. 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. While the intent of the harmonization rulemakings is to align the HMR with international standards, we review and consider each amendment on its own merit. Each amendment is considered on the basis of the overall impact on transportation safety and the economic implications associated with its adoption into the HMR. Our goal is to harmonize without sacrificing the current HMR level of safety and without imposing undue burdens on the regulated public. In our efforts to continue to align the HMR with international requirements, this notice of proposed rulemaking (NPRM) proposes changes to the HMR based on the twelfth revised edition of the UN Recommendations, Amendment 31 to the IMDG Code, and the 2003-2004 ICAO Technical Instructions, which become effective January 1, 2003. Petitions for rulemaking concerning harmonization with international standards and the facilitation of international transportation are also addressed in this NPRM and serve as the basis of certain proposed amendments. Other proposed amendments are based on feedback from the regulated industry, other DOT modal administrations and our initiative. Also included are various proposed editorial clarifications. Unless otherwise stated, the proposed revisions are for harmonization with international standards. II. Overview of Changes in this NPRM Proposed amendments to the HMR in this NPRM include, but are not limited to the following: --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, passenger and cargo aircraft maximum quantity [[Page 72035]] limitations and vessel stowage provisions. --Amendments to the List of Marine Pollutants. --Revisions and additions of special provisions. Included is the addition of a special provision for assignment to aerosol entries setting forth the criteria for classifying aerosols. --Addition of a requirement to enter the subsidiary hazard class or subsidiary division number on shipping papers. --Addition of a requirement to indicate types of packagings on shipping papers. --Addition of an alternative basic description sequence on shipping papers. --Revision of marking requirements for limited quantities. --Addition of an air eligibility marking requirement. --Revision of requirements in Sec. 173.27 for packagings intended for transportation by aircraft, including revision of requirements for use of absorbent material for such packagings. --Revision of classification of air bag modules, air bag inflators and seat-belt pretensioners from Division 2.2 to Class 9. --Revision of the non-liquefied and liquefied compressed gases descriptions, and the addition of high pressure and low pressure liquefied gases categories. --Revisions and additions to the Self-Reactive Materials Table. --Revisions and additions to the Organic Peroxide Table. --Revision of the net weight restrictions for explosives in freight containers exceeding 20 feet (6 m) in length. III. Summary of Regulatory Changes by Section Part 171 Section 171.7. We are proposing to update the incorporation by reference materials for the ICAO Technical Instructions, the IMDG Code and the UN Recommendations. The updated editions of these standards become effective January 1, 2003. Additionally, the International Maritime Organization (IMO) recommends authorizing a one-year transition period, with a delayed compliance date of January 1, 2004, for the use of the updated edition (Amendment 31) of the IMDG Code. We are also proposing to authorize use of either Amendment 30 or Amendment 31 of the IMDG Code until January 1, 2004. The standards would be updated as follows: --The ICAO Technical Instructions, 2003-2004 edition. --The IMDG Code, Amendment 31. --The UN Recommendations, twelfth edition. We are also proposing to add an IMO standard titled ``International Convention for the Safety of Life at Sea,'' 1974, as amended, Chapter II-2/Regulation 19, for incorporation into proposed Sec. 176.63 to address hatchless container ship requirements. Because the updated editions of the international standards become effective January 1, 2003, we are proposing a 30-day comment period for these proposed amendments only. Consistent with our previous harmonization (HM-215 docket numbers) rulemakings, our intent is to publish a separate final rule authorizing the use of these standards by January 1, 2003. This action will authorize compliance with the updated standards when they become effective, and is necessary to prevent disruption of hazardous materials shipments that are being transported internationally. Section 171.8. In the definition for ``Large packaging,'' we are proposing to add the words ``Chapter 6.6'' to let readers know the location in the UN Recommendations for the construction, testing and marking of such packagings. Section 171.11. We are proposing to revise paragraphs (c), (d)(5) and (d)(17) to address certain limitations for the use of the ICAO Technical Instructions. In paragraph (c), for hazardous materials being transported in accordance with the ICAO Technical Instructions, the restrictions for the use of the Instructions would be revised to include hazardous materials that are forbidden by passenger and cargo aircraft, as designated in Columns (9A) and (9B) of the Sec. 172.101 HMT. Currently, the paragraph restricts materials that are forbidden according to Sec. 173.21 and Column (3) of the HMT. In paragraph (d)(5), we are proposing to remove the wording ``except for Division 2.2'' regarding shipping paper requirements for air bag inflators, air bag modules and seat-belt pretensioners. This proposal is consistent with the proposed removal of the Division 2.2 air bag inflator, air bag module and seat-belt pretensioner entry in the HMT (see Sec. 172.101). Paragraph (d)(17) would be revised to clarify a current requirement that in addition to organic peroxides, self-reactive substances not specifically identified by name in Sec. 173.224(b) also must be approved by the Associate Administrator in accordance with the requirements in Sec. 173.124(a)(2)(iii). Section 171.12. We are proposing to revise paragraphs (b)(3), (b)(5), (b)(19), and (b)(20). In paragraph (b)(3), we are proposing to remove certain viscous flammable liquids as an example of a material designated as a hazardous material subject to the HMR, but not subject to the IMDG Code. The IMO removed the exception in Amendment 31 to the IMDG Code. In paragraph (b)(5), we are proposing to make an editorial revision by removing a redundant and confusing phrase. In paragraph (b)(19), we are proposing to remove the wording ``except for Division 2.2'' regarding shipping paper requirements for air bag inflators, air bag modules and seat-belt pretensioners. This proposal is consistent with the proposed removal of the Division 2.2 air bag inflator, air bag module and seat-belt pretensioner entry in the HMT (see Sec. 172.101). In paragraph (b)(20), we are proposing to clarify a current requirement that in addition to organic peroxides, self-reactive substances not specifically identified by name in Sec. 173.224(b) must also be approved by the Associate Administrator in accordance with the requirements in Sec. 173.124(a)(2)(iii). For the readers' information, recently adopted amendments to the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended, will change the status of the use of the IMDG Code, effective January 1, 2004, from recommended to mandatory for international transportation by vessel. This issue will be addressed under a separate rulemaking. Section 171.12a. We are proposing to revise paragraph (b)(18) by clarifying a current requirement that in addition to organic peroxides, self-reactive substances not specifically identified by name in Sec. 173.224(b) also must be approved by the Associate Administrator in accordance with the requirements in Sec. 173.124(a)(2)(iii). Section 171.14. We are proposing to revise paragraphs (d), (d)(1), (d)(2), (d)(4), and (d)(5) and add paragraph (d)(6). Paragraphs (d) and (d)(1) would be revised to authorize a delayed implementation date for the proposed amendments in this NPRM. We are proposing an effective date of October 1, 2003, and a voluntary compliance date of January 1, 2003 to correspond with the effective implementation dates of the 2003- 2004 ICAO Technical Instructions and Amendment 31 of the IMDG Code. This authorization would allow shippers to prepare their international shipments in accordance with international standards that will become effective on January 1, 2003. We are proposing to authorize a delayed [[Page 72036]] compliance date of October 1, 2004, which is comparable to the transition provisions provided in the final rule published under Docket HM-215D. The delayed mandatory compliance date would offer sufficient time to implement the new requirements. Paragraph (d)(2) would be revised to authorize certain intermixing of old and new requirements. Paragraph (d)(4) would be revised to include DOT Specification 51 portable tanks in the provision to allow, until January 1, 2010, conformance with the T Codes (Special Provisions) in effect on September 30, 2001. Paragraph (d)(5) would be revised by extending the October 1, 2005 compliance date allowing proper shipping names that included the word ``inhibited'' prior to the June 21, 2001 final rule, HM-215D, to continue to be shown on packagings in place of the word ``stabilized'' until October 1, 2007. Additionally, the October 1, 2007 date would also apply to the proper shipping names in this NPRM that are proposed to be revised by removing the word ``compressed'' (see Sec. 172.101, HMT). Paragraph (d)(6) would be added to authorize, until October 1, 2005, the marking of certain other proper shipping names on packagings. The proper shipping names would be those that are proposed to be revised to include the position identifiers of the substituents, such as 2-Ethylbutyl acetate (see Sec. 172.101, HMT). Part 172 Section 172.101. In the regulatory text preceding the Hazardous Materials Table, we are proposing the following changes: Paragraph (c)(15) would be revised by removing the words ``of inorganic substances.'' Currently, unless a hydrate is specifically listed in the HMT, only hydrates of inorganic substances may be identified using the proper shipping name for the equivalent anhydrous substance, provided the hydrates meet the same hazard class, division, subsidiary risk(s) and packaging group. With the removal of the phrase ``of inorganic substances,'' paragraph (c)(15) would apply to all hydrates. Sec. 172.101 The Hazardous Materials Table (HMT). We are proposing to make various amendments to the HMT. Readers should review all changes for a complete understanding of the proposed Table amendments. For purposes of the Government Printing Office's typesetting procedures, proposed changes to the HMT will appear under three sections of the Table, ``remove,'' ``add'' and ``revise.'' Certain entries in the HMT, such as those with proposed revisions to the proper shipping names, will appear as a ``remove'' and ``add.'' Proposed amendments to the HMT for the purpose of harmonizing with international standards, unless otherwise stated, include, but are not limited to the following: --``Accumulators, pressurized, pneumatic or hydraulic (containing non- flammable gas), see Articles, pressurized, pneumatic or hydraulic (containing non-flammable gas)'' would be added as a ``see'' entry into the HMT to aid the reader in locating the updated entry. This proposed action is based on feedback we received from users of the HMR after we removed the domestic entry (``Accumulators, pressurized, pneumatic,'' UN1956), as well as certain other domestic entries from the HMT in a final rule, HM-215D (66 FR 33316), published June 21, 2001. The entries were removed because we determined that they were no longer necessary considering the HMT already includes equally appropriate international entries. (Also see Sec. 173.306(f) for a related editorial revision.) --``Air bag inflators, compressed gas or Air bag modules, compressed gas or Seat-belt pretensioners, compressed gas,'' Division 2.2, UN3353 would be removed. All air bag inflators, air bag modules and seat-belt pretensioners currently classified as Division 2.2 would be reclassified as Class 9. A provision to allow this reclassification without further testing is also being proposed for incorporation into the HMR (see Sec. 173.166). In line with the proposed removal of this entry, Special Provision 133 would also be removed. We are aware that removal of the UN3353 entry will require repackaging, remarking and relabeling of all compressed gas air bag assemblies. We believe that the delayed mandatory compliance date of October 1, 2004 and the transitional provisions proposed in Sec. 171.14(d)(2), authorizing certain intermixing of old and new requirements, will offer sufficient time and flexibility to implement the new requirements and reduce the costs of meeting this requirement. --``Air bag inflators, pyrotechnic or Air bag modules, pyrotechnic or Seat-belt pretensioner, pyrotechnic'' UN0503, Division 1.4G, would be amended by adding an ``I'' in Column (1), removing the word ``pyrotechnic'' from the proper shipping names in Column (2), revising Columns (8A) and (8C) to read ``None,'' revising Column (8B) to read ``Sec. 173.62'' (also see Sec. 173.62), adding proposed Special Provision 161 (see Sec. 172.102), and revising the vessel stowage columns (10A) and (10B). We are proposing to add the ``I'' in Column (1) because we do not agree that an air bag that meets the criteria for a Division 1.4G explosive should be transported under an air bag description for domestic transportation. We believe that a more appropriate name is ``Articles, pyrotechnic for technical purposes,'' UN0431. We are not aware of any air bags that have been shown through testing to meet a Division 1.4G classification for transport in the United States. --``Air bag inflators, pyrotechnic or Air bag modules, pyrotechnic or Seat-belt pretensioner, pyrotechnic,'' UN3268, Class 9, would be amended by removing the optional word ``pyrotechnic'' and adding proposed Special Provision 160 (see Sec. 172.102). --``Ammonium nitrate, with not more than 0.2 percent combustible material, including any organic substance, calculated as carbon to the exclusion of any other added substance,'' UN1942 would be amended by editorially correcting the italicized portion of the proper shipping name by adding the word ``total'' after ``0.2 %.'' --``Ammonium nitrate based fertilizers,'' UN2071, and ``Ammonium nitrate based fertilizers,'' UN2067 would be amended by removing the italicized portion of the proper shipping names, adding proposed new Special Provision 150 to the UN2067 entry, and revising Special Provision 132 which applies to the UN2071 entry (see Sec. 172.102 for Special Provision amendments). --``Ammonium nitrate fertilizers,'' NA2072 and ``Ammonium nitrate mixed fertilizers,'' NA2069 would be removed. We believe that the international entry ``Ammonium nitrate fertilizers,'' UN2067 can be used in place of the domestic entries which do not provide any additional exceptions. --A new entry, ``Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for blasting explosives,'' UN3375 (also see Sec. 172.102, Special Provisions 52 and 147) would be added. --For the entry ``Calcium hypochlorite, hydrated or Calcium hypochlorite, hydrated mixtures, with not less than 5.5 percent but not more than 10 percent water,'' UN2880, the wording ``not more than 10 percent water'' [[Page 72037]] would be revised to read ``not more than 16 percent water.'' --Four proper shipping names would be revised by adding the position identifiers of the substituents. The proper shipping names are ``Diethylaminopropylamine,'' position identifier ``3''; ``Dimethylcyclohexylamine,'' position identifiers ``N,N''; ``Ethylbutyl acetate,'' position identifier ``2''; ``Propyl chloride'' which would be replaced by ``1-Chloropropane,'' and ``Tetrachloroethane,'' position identifiers ``1,1,2,2,''. Also, see Sec. 171.14(d)(6) for the proposed continued use provision of these proper shipping names. --The entry ``Hydrazine hydrate or Hydrazine aqueous solutions, with not less than 37 percent but not more than 64 percent hydrazine, by mass,'' UN2030 and ``Hydrazine, anhydrous or Hydrazine aqueous solutions with more than 64 percent hydrazine, by mass,'' UN2029 would be removed and ``Hydrazine aqueous solution, with more than 37% hydrazine, by mass,'' UN2030 and ``Hydrazine, anhydrous,'' UN2029 would be added. --Eleven entries would be revised by removing the qualifying word ``compressed.'' This action is consistent with the revisions to proper shipping names for compressed and liquefied gases that were incorporated into the twelfth edition of the UN Recommendations and which we are proposing to adopt into the HMR (see Sec. 173.115 for additional discussion). The eleven entries are ``Boron trifluoride, compressed,'' UN1008; ``Carbonyl fluoride, compressed,'' UN2417; ``Diborane, compressed,'' UN1911; ``Ethylene, compressed,'' UN1962; ``Hexafluoroethane, compressed or Refrigerant gas R 116,'' UN2193; ``Nitrogen trifluoride, compressed,'' UN2451; ``Phosphorus pentafluoride, compressed,'' UN2198; ``Silane, compressed,'' UN2203; ``Silicon tetrafluoride, compressed,'' UN1859; ``Tetrafluoromethane, compressed or Refrigerant gas R 14,'' UN1982; and ``Xenon, compressed,'' UN2036. Also, see Sec. 171.14(d)(6) for the proposed continued use provision of these proper shipping names. --For the proper shipping name ``Lighters or Lighter refills cigarettes, containing flammable gas,'' UN1057, the word ``cigarettes'' would be removed. --The proper shipping name ``Lithium hydroxide, monohydrate or Lithium hydroxide, solid,'' UN2680 would be revised to read ``Lithium hydroxide.'' --For the entry ``Medicine, liquid, toxic, n.o.s.,'' UN1851, we propose to add Special Provision 36. The special provision, which limits the maximum net quantity per package at 5 L (1 gallon) for liquids and 5 kg (11 pounds) for solids, is currently assigned to ``Medicine, liquid, flammable, toxic, n.o.s.,'' UN3248 and ``Medicine, solid, toxic, n.o.s.,'' UN3249. --For the entry ``Motor fuel anti-knock mixtures,'' UN1649, we propose to remove the subsidiary risk hazard from the labeling requirement, and add proposed Special Provision 151. This action is based on a petition for rulemaking (P-1420) we received (see discussion under Sec. 172.102). --The proper shipping name ``Uranium nitrate hexahydrate solution,'' UN2980 would be corrected by replacing the word ``Uranium'' with ``Uranyl.'' The typographical error occurred in the April 3, 2002 document published in the Federal Register (67 FR 15736). --The entry ``Xylidines, solution,'' UN1711 would be revised to read ``Xylidines, liquid.'' --In addition to those entries identified above, we are proposing to add the following new entries: ``Chlorosilanes, toxic, corrosive, n.o.s.,'' UN3361; ``Chlorosilanes, toxic, corrosive, flammable, n.o.s.,'' UN3362; ``Ethylene glycol diethyl ether,'' UN1153; ``Fibers, animal or fibers, vegetable burnt, wet or damp,'' UN1372; ``Fibers, vegetable, dry,'' UN3360; ``4-Nitrophenylhydrazine, with not less than 30% water, by mass,'' UN3376; ``Organometallic compound, solid, water- reactive, flammable, n.o.s.,'' UN3372; ``Rags, oily,'' UN1856; ``Rubber scrap or Rubber shoddy, powdered or granulated, not exceeding 840 microns and rubber content exceeding 45%,'' UN1345; ``Sodium dinitro-o- cresolate, wetted, with not less than 10% water by mass,'' UN3369; ``Textile waste, wet,'' UN1857; ``Trinitrobenzene, wetted, with not less than 10% water by mass,'' UN3367; ``Trinitrobenzoic acid, wetted, with not less than 10% water by mass,'' UN3368; ``Trinitrochlorobenzene (picryl chloride), wetted, with not less than 10% water by mass,'' UN3365; ``Trinitrophenol (picric acid), wetted, with not less than 10% water by mass,'' UN3364; ``Trinitrotoluene (TNT), wetted, with not less than 10% water by mass,'' UN3366 and ``Wool waste, wet,'' UN1387. --Various entries would be amended by revising the vessel stowage columns (10A) and/or (10B). The entries include the following: the five ``Aerosols,'' UN1950 entries; ``Ammunition, smoke with or without burster, expelling charge or propelling charge,'' UN0303; ``Battery fluid, alkali,'' UN2797; ``Methacrylic acid, stabilized,'' UN2531; ``Sulfur, molten,'' UN2448; and ``Urea, nitrate, wetted with not less than 20 percent water, by mass,'' UN1357. Also, see Sec. 172.102 for additional HMT amendments. Appendix B to Sec. 172.101. In Appendix B to Sec. 172.101, List of Marine Pollutants, we are proposing to revise paragraphs ``4'' and ``5'' to update the location in the IMDG Code for the ``Guidelines for the Identification of Harmful Substances in Packaged Form.'' This update is based on the IMDG Code's change in location from the General Introduction to Chapter 2.10. In addition, we are removing the entries ``Alkylphenols, liquid, n.o.s. (including C2-C12 homologues),'' ``Alkylphenols, solid, n.o.s. (including C2-C12 homologues),'' ``Chlorophenols, liquid,'' and ``Chlorophenols, solid,'' from the List of Marine Pollutants. We are revising the entry ``Alkylbenzenesulphonates, branched and straight chain'' by adding a qualifying phrase to clarify that C11-C13 straight chain or branched chain homologues are not regulated as marine pollutants. Finally, we are adding the entry ``Decyl acrylate.'' Section 172.102. We are proposing to amend Sec. 172.102, Special Provisions, as follows: --Special Provisions 7 and 10 would be removed. These special provisions are assigned to the entries ``Ammonium nitrate mixed fertilizers,'' NA2069 and ``Ammonium nitrate fertilizers,'' NA2072, respectively, which we propose to remove (see Sec. 172.101, HMT). --Special Provision 15, which is assigned to ``Chemical kits,'' UN3316 and ``First aid kits,'' UN3316, would be revised by removing the authorized packagings, revising them consistent with packagings authorized for limited quantity exceptions, and relocating them to Sec. 173.161. The proposed Special Provision 15 would specify which chemical and first aid kits apply to the entries; that for transportation by aircraft, materials forbidden by air may not be included in the kits; and that kits carried on board transport vehicles for first aid or operating purposes are not subject to the HMR. --Special Provision 30 would be revised to include an exception from the [[Page 72038]] placarding requirements for ``Sulfur, molten'' UN2448 and ``Sulfur,'' UN1350. Currently, the domestic entries ``Sulfur, molten,'' NA2448 and ``Sulfur,'' NA1350 do not require placards because both entries are assigned as Class 9 materials and meet the placarding exceptions for the hazard class in Sec. 172.504(f)(9). We are proposing to provide the same placarding exceptions for the international entries through the revision of Special Provision 30, provided the markings in Sec. 172.325 are applied. --Special Provision 52 would be editorially revised by removing the wording specific to fertilizers. The special provision, which is currently applied to ``Ammonium nitrate fertilizers,'' UN2067, would be added to the proposed new entry ``Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for blasting explosives,'' UN3375. The special provision states that a material using the assigned entries may not exhibit explosive properties of Class 1 (explosive) when tested in accordance with the UN Manual of Tests and Criteria, Part I, Test Series 1 and 2. --Special Provision 130, which excepts dry batteries from the HMR, would be revised by adding the requirement that such batteries must be securely packed and protected against short circuits and by clarifying that dry batteries specifically named in the Sec. 172.101 Table are not eligible for the exception. --Special Provision 132 would be revised by adding the criteria for which the assigned entry may be used. The special provision would be added to the proposed revised entry ``Ammonium nitrate,'' UN2071, Class 9. Currently, the special provision provides the criteria for ammonium nitrate fertilizers that are excepted from the HMR. --Special Provision 133 would be removed. The special provision is currently assigned to ``Air bag inflators, compressed gas or Air bag modules, compressed gas or Seat-belt pretensioners, compressed gas'' UN3353, Division 2.2, which is proposed to be removed from the HMT (see discussion under Sec. 172.101, HMT.) --New Special Provision 145 would be added for the existing entry ``Hydrogen peroxide and peroxyacetic acids mixtures, stabilized, with acids, water and not more than 5 percent peroxyacetic acid,'' UN3149. The special provision describes the formulations for which this entry would apply. --New Special Provision 146 would be added for the entries ``Environmentally hazardous substances, liquid, n.o.s.,'' UN3082 and ``Environmentally hazardous substances, solid, n.o.s.,'' UN3077 to clarify that the entries may be used to describe materials that pose a hazard to the environment but do not meet the definition of a hazardous waste, hazardous substance or any hazard class as defined in the HMR. This includes materials or wastes that are designated as environmentally hazardous by the Competent Authority of the country of origin. --New Special Provision 147 would be added for assignment to the proposed new entry, ``Ammonium nitrate emulsion or Suspension or Gel, intermediate for blasting explosives,'' UN3375. The special provision describes the composition of the material for which the use of the entry would be authorized and prohibits the material from being classified and transported unless approved by the Associate Administrator. --New Special Provision 149 would be added to the Packing Group II entries for 14 existing proper shipping names. The special provision would allow the maximum net capacity for inner packagings to be increased to no more than 5 L (1.3 gallons) when the material is transported as a limited quantity. The 14 entries are: ``Adhesives, containing a flammable liquid,'' UN1133; ``Coating solution (includes surface treatments or coatings used for industrial or other purposes such as vehicle undercoating, drum or barrel lining),'' UN1139; ``Extracts, aromatic, liquid,'' UN1169; ``Extracts, flavoring, liquid,'' UN1197; ``Printing ink, flammable or Printing ink related material (including printing ink thinning or reducing compound), flammable,'' UN1210; ``Paint including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler, and liquid lacquer base,'' UN1263; ``Paint related material including paint thinning, drying, removing, or reducing compound,'' UN1263; ``Perfumery products with flammable solvents,'' UN1266; ``Rubber solution,'' UN1287; ``Wood preservatives, liquid,'' UN1306; ``Resin solution, flammable,'' UN1866; ``Tars, liquid including road asphalt and oils, bitumen and cut backs,'' UN1999; ``Alcoholic beverages,'' UN3065; and ``Polyester resin kit,'' UN3269 for Packing Group II resin kits as specified in Special Provision 40. --New Special Provision 150 would be added for assignment to the entry ``Ammonium nitrate based fertilizer,'' UN2067 to authorize the use of the entry for uniform mixtures containing ammonium nitrate as the main ingredient within certain composition limits. --New Special Provision 151 would be added for assignment to the proposed new entry ``Hydrazine aqueous solution, with more than 37% hydrazine, by mass'' UN2030, Packing Group I and to the existing entry ``Motor fuel anti-knock mixtures,'' UN1649. The special provision requires a packaging containing a material meeting the definition of a flammable liquid to display a flammable liquid label, and requires a Class 3 subsidiary hazard to be shown on shipping papers. With regard to the entry ``Motor fuel anti-knock mixtures,'' UN1649, we received a petition for rulemaking (P-1420) requesting that we remove the flammable subsidiary risk for this entry. The petitioner stated that the international standards do not assign the entry a flammable subsidiary risk and that the inconsistency with the HMR causes a regulatory compliance burden when transporting the material internationally. The petitioner stated that removing the subsidiary risk is additionally justified because motor fuel anti-knock mixtures containing tetramethyl lead, with fire points greater than 54 [deg]C (129.2 [deg]F) are no longer manufactured or transported. Although the UN Recommendations, the ICAO Technical Instructions and the IMDG Code do not assign a flammable subsidiary risk to the entry, all three standards assign a special provision stating that mixtures with a flashpoint of less than 60.5 [deg]C (141 [deg]F) must bear a flammable liquid subsidiary risk label. We are proposing to remove the flammable subsidiary risk from the label requirements in Column (6) of the HMT for ``Motor fuel anti-knock mixtures,'' UN1649 and add a new Special Provision 151 to require a flammable liquid subsidiary label only when the mixtures have a flashpoint of less than 60.5 [deg]C (140.9 [deg]F). Also, see preamble text under the Sec. 172.101 Table changes. --New Special Provision 153 would be added to the five ``Aerosols,'' UN1950 entries to provide the criteria for classifying aerosols. --New Special Provision 155 would be added to two entries, ``Fish meal, stabilized or Fish scrap, stabilized,'' UN2216 and ``Fish meal, unstabilized [[Page 72039]] or Fish scrap, unstabilized,'' UN1374. The special provision specifies that if the temperature of fish scrap at the time of loading either exceeds 35 [deg]C (95 [deg]F), or exceeds 5 [deg]C (41 [deg]F) above the ambient temperature, whichever is higher, the fish scrap may not be transported. Also see Sec. 173.218 for additional discussion. --New Special Provision 156 would be added for assignment to three entries, ``Blue asbestos (Crocidolite) or Brown asbestos (amosite, mysorite),'' UN2212, ``White asbestos (chrysotile, actinolite, anthophyllite, tremolite),'' UN2590, and ``Asbestos,'' NA2212. The special provision provides an exception from the HMR for certain asbestos. The exception, which is currently in Sec. 173.216(b), excepts asbestos immersed or fixed in a natural or artificial binder material and asbestos contained in manufactured products. We received comments that the current Sec. 173.216 location for this exception is not appropriate because it is referenced in the non-bulk column of the HMT, leading readers to believe that the exception applies to non-bulk packagings only. To clarify that this exception applies to both non- bulk and bulk packagings, we are proposing to move the exception from Sec. 173.216(b) to proposed Special Provision 156. --New Special Provision 157 would be added to the entries ``Vehicle, flammable gas powered,'' and ``Vehicle, flammable liquid powered,'' each of which is assigned to UN3166. The proposed special provision specifies that the use of the entries includes hybrid electric vehicles powered by both internal combustion engines and wet, sodium or lithium batteries. --New Special Provision 159 would be added to the entry ``5-tert-Butyl- 2,4,6-trinitro-m-xylene or Musk Xylene,'' UN2956. The special provision requires this material to be protected from direct sunshine and kept in a cool, well-ventilated place away from sources of heat. --New Special Provision 160 would be added to the entry ``Air bag inflators, or Air bag modules, or Seat-belt pretensioner,'' UN3268, Class 9. The special provision includes the requirement that air bag inflators and modules must be tested in accordance with Test series 6(c) of Part I of the UN Manual of Tests and Criteria, and also includes an exception from testing air bag modules that contain an inflator previously approved for transportation. Also, see Sec. 172.102, HMT, which includes additional proposed revisions such as removing the italicized word ``pyrotechnic'' from the UN3268 entry. --New Special Provision 161 would be added to the entry ``Air bag inflators, pyrotechnic or Air bag modules, pyrotechnic or Seat-belt pretensioner, pyrotechnic,'' UN0503, Division 1.4G. The special provision specifies that the UN0503 entry may not be used for domestic transportation, and that the more appropriate description is ``Articles, pyrotechnic for technical purposes,'' UN0431. We are specifically requesting comments concerning whether this may result in an unnecessary burden for international shippers. We are not aware of any air bag inflators that are transported as Division 1.4G in the United States. Also, see Sec. 172.102, HMT, which includes the proposed amendment to remove the italicized word ``pyrotechnic'' from the UN0503 entry. --New Special Provision 162 would be added to eight proposed entries and two existing entries. The Special Provision authorizes the material to be transported under the provisions of Division 4.1, only if it is so packed that at no time during transport will the percentage of diluent fall below the percentage that is specified in the proper shipping name. The proposed new entries are ``4-Nitrophenylhydrazine, with not less than 30% water, by mass,'' UN3376; ``Sodium dinitro-o- cresolate, wetted, with not less than 10% water by mass,'' UN3369; ``Trinitrobenzene, wetted, with not less than 10% water by mass,'' UN3367; ``Trinitrobenzoic acid, wetted, with not less than 10% water by mass, UN3368; ``Trinitrochlorobenzene (picryl chloride), wetted, with not less than 10% water by mass,'' UN3365; ``Trini
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