{"operation":"document","citation":"68 FR 44992","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":"2003-07-31","effective_on":"2003-10-01","summary":"RPSA is amending 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.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-03-19016.json","markdown":"https://regulus.evalyn.ai/document/federal-register-03-19016.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-03-19016","source_url":"https://www.federalregister.gov/documents/2003/07/31/03-19016/harmonization-with-the-united-nations-recommendations-international-maritime-dangerous-goods-code","body":"Federal Register, Volume 68 Issue 147 (Thursday, July 31, 2003) [Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)] [Rules and Regulations] [Pages 44992-45043] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 03-19016] [[Page 44991]] ----------------------------------------------------------------------- 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; Final Rule Federal Register / Vol. 68, No. 147 / Thursday, July 31, 2003 / Rules and Regulations [[Page 44992]] ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: RPSA is amending 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: Effective Date: The effective date of these amendments is October 1, 2003. Voluntary Compliance Date: RSPA is authorizing immediate voluntary compliance. However, RSPA may further revise this rule as a result of appeals it may receive for this rule. Delayed Compliance Date: Unless otherwise specified, compliance with the amendments adopted in this final rule is mandatory October 1, 2004. Incorporation by Reference Date: The incorporation by reference of the publication adopted in Sec. 171.7 of this final rule has been approved by the Director of the Federal Register as of October 1, 2003. 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 3, 2002, the Research and Special Programs Administration (RSPA, we) published a notice of proposed rulemaking (NPRM) (67 FR 72034) under Docket HM-215E. The NPRM proposed changing the Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, to align it with updates and revisions to the UN Recommendations, the IMDG Code and the ICAO Technical Instructions with respect to hazard communication, classification, and packaging requirements. Our intent was to facilitate the international transportation of hazardous materials by ensuring a basic consistency between the HMR and international standards, while at the same time ensuring the safe transportation of hazardous materials. On January 8, 2003, we published a final rule under Docket HM-215E (68 FR 1013) authorizing the use of the 2003-2004 edition of the ICAO Technical Instructions, Amendment 31 to the IMDG Code, and the twelfth revised edition of the UN Recommendations beginning January 1, 2003, the effective date of the international standards. 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 developed by the International Maritime Organization (IMO) Dangerous Goods, Solid Cargoes and Containers Subcommittee, and the ICAO Technical Instructions developed by the ICAO Dangerous Goods Panel. Subject to certain conditions and limitations, Sec. 171.12 of the HMR authorizes 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, Sec. 171.11 of 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. On December 21, 1990, RSPA published a final rule (Docket HM-181; 55 FR 52402) based on the UN Recommendations, which comprehensively revised the HMR 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 IMDG Code and the ICAO Technical Instructions. The large volume 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, reduces cost to industry, and 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 final rule makes 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 became effective January 1, 2003. Petitions for rulemaking concerning 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. Also included are various editorial clarifications. Unless otherwise stated, the revisions are for harmonization with international standards. Various commenters raised issues that are beyond the scope of this rulemaking. Such issues will not be addressed in this final rule and must first be addressed in an NPRM to afford industry and the public opportunity to comment. [[Page 44993]] II. Overview of Changes in this Final Rule Amendments to the HMR in This final rule include, but are not limited to the following: [sbull] 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, passenger and cargo aircraft maximum quantity limitations and vessel stowage provisions. [sbull] Amendments to the List of Marine Pollutants. [sbull] 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. [sbull] Addition of a requirement to enter the subsidiary hazard class or subsidiary division number on shipping papers. [sbull] Addition of a requirement to indicate the number and types of packagings on shipping papers. [sbull] Addition of an alternative basic description sequence on shipping papers. [sbull] Revision of marking requirements for limited quantities. [sbull] Addition of an air eligibility marking requirement. [sbull] 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. [sbull] Revision to the classification of air bag modules, air bag inflators and seat-belt pretensioners from Division 2.2 to Class 9. [sbull] Revision of the non-liquefied and liquefied compressed gases descriptions, and the addition of high pressure and low pressure liquefied gases categories. [sbull] Revisions and additions to the Self-Reactive Materials Table. [sbull] Revisions and additions to the Organic Peroxide Table. [sbull] Revision of the net weight restrictions for explosives in freight containers exceeding 20 ft (6 m) in length. III. Summary of Regulatory Changes by Section Part 171 Section 171.6. We are revising the table in paragraph (b)(2) to incorporate a new information collection, OMB No. 2137-0613, ``Subsidiary Hazard Class and Number/Type of Packagings,'' and the affected sections, Sec. Sec. 172.202 and 172.203. Section 171.7. We are adding Regulation 19 of an IMO standard titled ``International Convention for the Safety of Life at Sea,'' 1974, as amended, Chapter II-2. Regulation 19 is incorporated into a new paragraph (f) in Sec. 176.63 to address hatchless container ship requirements. Section 171.8. In the definition for ``Large packaging,'' we are adding 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 revising 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 are 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. Prior to this revision, the paragraph restricted materials that are forbidden according to Sec. 173.21 and Column (3) of the HMT only. In paragraph (d)(5), we are removing the wording ``except for Division 2.2'' relating to shipping paper requirements for air bag inflators, air bag modules and seat-belt pretensioners. This amendment is consistent with the 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) is revised to clarify the 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 revising paragraphs (b)(3), (b)(19), and (b)(20). In paragraph (b)(3), we are removing 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)(19), we are removing the wording ``except for Division 2.2'' relating to shipping paper requirements for air bag inflators, air bag modules and seat-belt pretensioners. This revision is consistent with the 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 clarifying the 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 require mandatory of the use of the IMDG Code effective January 1, 2004. This issue will be addressed under a separate rulemaking. Section 171.12a. We are revising paragraph (b)(18) to clarify the existing 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 revising paragraphs (d), (d)(1), (d)(2), (d)(4), and (d)(5). We received several comments concerning the proposed transitional provisions. Several commenters requested that we implement an overall two-year transition period from the October 1, 2003 effective date, and several commenters requested an overall three- year transition period. In the NPRM, we proposed a mandatory compliance date of October 1, 2004. While we do not agree that all amendments require an additional extended compliance date, we do agree that certain amendments warrant the additional time. We are, therefore, authorizing an October 1, 2007 mandatory compliance date for the new requirement in Sec. 172.202(a)(5) to include the number and types of packagings on shipping papers. This requirement was identified by commenters as requiring additional time to offset any associated burden. Additionally, we are adopting an October 1, 2007 transition date for modifications to package markings that will change as a result of changes to certain proper shipping names. We are also adopting an October 1, 2005 compliance date for use of proper shipping names that did not identify specific isomers by numbers or letters preceding the chemical name. Finally, we are authorizing an October 1, 2005 mandatory compliance date for the requirement to include the subsidiary hazard class or division number on shipping papers. We are revising paragraphs (d) and (d)(1) to authorize an October 1, 2004 implementation date for the amendments in this final rule. We are revising paragraph (d)(2) to authorize certain intermixing of old and new requirements until October 1, 2004. We are revising paragraph (d)(4) to allow until June 1, 2010, DOT [[Page 44994]] Specification 51 portable tanks to conform with the T Codes (Special Provisions) in effect on September 30, 2001. We are revising paragraph (d)(5) to allow proper shipping names that included the word ``inhibited'' prior to the June 21, 2001 final rule, to continue to be shown on packagings and shipping papers in place of the word ``stabilized'' until October 1, 2007. Additionally, the October 1, 2007 date applies to the proper shipping names in this final rule that are revised by removing the word ``compressed'' (see Sec. 172.101, HMT). Paragraph (d)(6) authorizes use of the shipping paper requirement to include the total quantity of packages on shipping papers until October 1, 2007. Paragraph (d)(7) authorizes use of the non-mandatory provision to include the subsidiary hazard class or division number on shipping papers until October 1, 2005. Paragraph (d)(8) authorizes the marking of certain other proper shipping names on packagings until October 1, 2005. The proper shipping names are those that are revised to include the position identifiers of the substituents, such as 2-Ethylbutyl acetate (see Sec. 172.101, HMT preamble discussion). Part 172 Section 172.101. In the regulatory text preceding the Hazardous Materials Table, the following changes are made: Paragraph (c)(15) is revised by removing the words ``of inorganic substances.'' Prior to this revision, unless a hydrate was specifically listed in the HMT, only hydrates of inorganic substances were authorized to be identified using the proper shipping name for the equivalent anhydrous substance, provided the hydrates met the same hazard class, division, subsidiary risk(s) and packaging group. With the removal of the phrase ``of inorganic substances,'' paragraph (c)(15) applies to all hydrates. Section 172.101 Hazardous Materials Table (HMT). We are making various amendments to the HMT. Readers should review all changes for a complete understanding of the Table amendments. For purposes of the Government Printing Office's typesetting procedures, 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 revisions to the proper shipping names, will appear as a ``remove'' and ``add.'' Amendments to the HMT for the purpose of harmonizing with international standards, unless otherwise stated, include, but are not limited to the following: [sbull] ``Accumulators, pressurized, pneumatic or hydraulic (containing non-flammable gas), see Articles, pressurized, pneumatic or hydraulic (containing non-flammable gas)'' is added as a ``see'' entry into the HMT to aid the reader in locating the updated entry. This 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.) [sbull] ``Air bag inflators, compressed gas or Air bag modules, compressed gas or Seat-belt pretensioners, compressed gas,'' Division 2.2, UN3353 is removed. All air bag inflators, air bag modules and seat-belt pretensioners currently classified as Division 2.2 may be reclassified as Class 9. We are also incorporating into the HMR a provision to allow this reclassification without further testing (see Sec. 173.166). In line with the removal of this entry, Special Provision 133 is also removed. We are aware that removal of the UN3353 entry will require repackaging, remarking and relabeling of all compressed gas air bag assemblies. We received a comment from the North American Automotive Hazmat Action Committee (NAAHAC) expressing this concern; however, the NAAHAC stated that the proposed mandatory compliance date of October 1, 2004, would be sufficient time to implement the new requirements. We also believe that the mandatory compliance date of October 1, 2004, and the transitional provisions 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. [sbull] ``Air bag inflators, pyrotechnic or Air bag modules, pyrotechnic or Seat-belt pretensioner, pyrotechnic'' UN0503, Division 1.4G, is amended by 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 new Special Provision 161 (see Sec. 172.102), and revising the vessel stowage columns (10A) and (10B). We are adding Special Provision 161 because we believe that a more appropriate name is ``Articles, pyrotechnic for technical purposes,'' UN0431. We believe that an article meeting the criteria for Division 1.4G should be considered a pyrotechnic article and not an air bag. We received a comment from NAAHAC supporting this revision and stating that if an inflator does not pass the UN Recommendations' Series 6 test criteria, it is considered a pyrotechnic article and not an airbag. (Also see Special Provision 161.) [sbull] ``Air bag inflators, pyrotechnic or Air bag modules, pyrotechnic or Seat-belt pretensioner, pyrotechnic,'' UN3268, Class 9, is amended by removing the descriptive word ``pyrotechnic'' and adding new Special Provision 160 (see Sec. 172.102). NAAHAC requested that we retain the word ``pyrotechnic'' as a descriptive word in the shipping name to provide time for depletion of existing inventories. Although we are removing the word ``pyrotechnic'' in this rulemaking, we believe that extending the mandatory compliance date from October 1, 2004, as proposed in the NPRM, to October 1, 2005, as adopted in this final rule (see Sec. 173.166(d)(5)), will provide the necessary time requested by the commenters. [sbull] ``Ammonium nitrate, with not more than 0.2% combustible substances, including any organic substance calculated as carbon to the exclusion of any other added substance,'' UN1942 is amended by editorially correcting the italicized portion of the proper shipping name by adding the word ``total'' after ``0.2%.'' [sbull] ``Ammonium nitrate fertilizers,'' UN2071, and ``Ammonium nitrate fertilizers,'' UN2067 are amended by removing the italicized portion of the proper shipping names, adding 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). [sbull] ``Ammonium nitrate fertilizers,'' NA2072 and ``Ammonium nitrate mixed fertilizers,'' NA2069 are 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. [sbull] 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) is added. [sbull] For the entry ``Calcium hypochlorite, hydrated or Calcium hypochlorite, hydrated mixtures, with [[Page 44995]] not less than 5.5 percent but not more than 10 percent water,'' UN2880, the wording ``not more than 10 percent water'' is revised to read ``not more than 16 percent water.'' [sbull] Four proper shipping names are 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 is replaced by ``1-Chloropropane,'' and ``Tetrachloroethane,'' position identifiers ``1,1,2,2,''. Also, see Sec. 171.14(d)(6) for the continued use provision of these proper shipping names. [sbull] 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 are removed and ``Hydrazine aqueous solution, with more than 37% hydrazine, by mass,'' UN2030 and ``Hydrazine, anhydrous,'' UN2029'' are added. [sbull] Eleven entries are 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 adopting 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 continued use provision of these proper shipping names. [sbull] For the proper shipping name ``Lighters or Lighter refills cigarettes, containing flammable gas,'' UN1057, the word ``cigarettes'' is removed. [sbull] The proper shipping name ``Lithium hydroxide, monohydrate or Lithium hydroxide, solid,'' UN2680 is revised to read ``Lithium hydroxide.'' [sbull] For the entry ``Medicine, liquid, toxic, n.o.s.,'' UN1851, we are adding Special Provision 36. The special provision, which limits the maximum net quantity per package to 5 L (1 gal) for liquids and 5 kg (11 lbs) for solids, is currently assigned to ``Medicine, liquid, flammable, toxic, n.o.s.,'' UN3248 and ``Medicine, solid, toxic, n.o.s.,'' UN3249. [sbull] For the entry ``Motor fuel anti-knock mixtures,'' UN1649, we are removing the subsidiary risk hazard from the labeling requirement, and adding new Special Provision 151. This action is based on a petition for rulemaking (P-1420) we received (see discussion under Sec. 172.102). [sbull] The proper shipping name ``Uranium nitrate hexahydrate solution,'' UN2980 is 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). [sbull] The entry ``Xylidines, solution,'' UN1711 is revised to read ``Xylidines, liquid.'' [sbull] In addition to those entries identified above, we are adding 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. [sbull] Various entries are 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 revising 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 amending Sec. 172.102, Special Provisions, as follows: [sbull] Special Provisions 7 and 10 are removed. These special provisions are assigned to the entries ``Ammonium nitrate mixed fertilizers,'' NA2069 and ``Ammonium nitrate fertilizers,'' NA2072, respectively, which we are removing (see Sec. 172.101, HMT). [sbull] Special Provision 15, which is assigned to ``Chemical kits,'' UN3316 and ``First aid kits,'' UN3316, is revised for consistency with packagings authorized for limited quantity exceptions. We are also relocating the authorized packagings to Sec. 173.161. Revised Special Provision 15 specifies (1) which chemical and first aid kits are properly described by the entries; (2) that materials forbidden by air may not be included in the kits when they are transported by air; and (3) that kits carried on board transport vehicles for first aid or operating purposes are not subject to the HMR. [sbull] Special Provision 30 is revised to include an exception from the placarding requirements for ``Sulfur, molten'' UN2448 and ``Sulfur,'' UN1350. Prior to this change, the domestic entries ``Sulfur, molten,'' NA2448 and ``Sulfur,'' NA1350 did not require placards because both entries are Class 9 materials and meet the placarding exceptions for the hazard [[Page 44996]] class in Sec. 172.504(f)(9). Revised Special Provision 30 provides the same placarding exceptions for the international entries provided the bulk packagings are marked in accordance with Sec. 172.325. [sbull] Special Provision 52 is editorially revised by removing the wording specific to fertilizers. The special provision, which is currently applied to ``Ammonium nitrate fertilizers,'' UN2067, is added to the 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. [sbull] Special Provision 130, which excepts dry batteries from the HMR, is revised by adding a 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. [sbull] Special Provision 132 is revised to add the criteria for use of this special provision. The special provision is added to the revised entry ``Ammonium nitrate,'' UN2071, Class 9. [sbull] Special Provision 133 is removed. This special provision was assigned to the entry ``Air bag inflators, compressed gas or Air bag modules, compressed gas or Seat-belt pretensioners, compressed gas'' UN3353, Division 2.2, which is removed from the HMT by this final rule (see discussion under Sec. 172.101, HMT.) [sbull] Existing Special Provision 134 is revised to include vehicles powered by lithium batteries. This revision is based on comments from Argonne National Laboratories and the Conference on Safe Transportation of Hazardous Articles. [sbull] New Special Provision 145 is added to 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 apply. [sbull] New Special Provision 146 is added to 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 a material that poses a hazard to the environment if it is designated as environmentally hazardous by the Competent Authority of the country of origin, transit or destination, even if it is not an environmentally hazardous substance under the HMR. [sbull] New Special Provision 147 is added to the 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 is authorized and prohibits the material from being classified and transported unless approved by the Associate Administrator. [sbull] New Special Provision 149 is added to the Packing Group II entries for 13 existing proper shipping names. The special provision allows the maximum net capacity for inner packagings to be increased to no more than 5 L (1.3 gal) when the material is transported as a limited quantity. The National Paint and Coatings Association (NPCA) supports the increase for inner packagings, stating that the potential for errors will be greatly reduced by allowing the same quantity limits for PG II and PG III materials. However, NPCA, along with the Association of Hazmat Shippers and PPG Industries, requests that we clarify that the special provision is applicable to consumer commodities as well as limited quantities. We revised the special provision accordingly. The 13 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; and ``Polyester resin kit,'' UN3269 for Packing Group II resin kits as specified in Special Provision 40. [sbull] New Special Provision 150 is added 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. [sbull] New Special Provision 151 is added to the 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. This special provision requires a packaging containing a material meeting the definition of a flammable liquid to display a FLAMMABLE LIQUID label, and it requires a Class 3 subsidiary hazard to be shown on shipping papers. With regard to the entry ``Motor fuel anti-knock mixtures,'' UN1649, as discussed in the NPRM, 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 removing the flammable subsidiary risk from the label requirements in Column (6) of the HMT for ``Motor fuel anti-knock mixtures,'' UN1649 and adding 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. [sbull] New Special Provision 153 is added to the five ``Aerosols,'' UN1950 entries to provide the criteria for classifying aerosols. [sbull] New Special Provision 155 is added to two entries, ``Fish meal, stabilized or Fish scrap, stabilized,'' UN2216 and ``Fish meal, unstabilized or Fish scrap, unstabilized,'' UN1374. The special provision specifies that the fish scrap or fish meal may not be transported 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. Also see Sec. 173.218 for additional discussion. [sbull] New Special Provision 156 is added to three entries, ``Blue asbestos (Crocidolite) or Brown asbestos (amosite, mysorite),'' UN2212, ``White [[Page 44997]] asbestos (chrysotile, actinolite, anthophyllite, tremolite),'' UN2590, and ``Asbestos,'' NA2212. The special provision provides an exception from the HMR for certain asbestos. Prior to this change, the exception was located in Sec. 173.216(b) and excepted asbestos immersed or fixed in a natural or artificial binder material and asbestos contained in manufactured products. Before the development of the HM-215E NPRM, we received comments that Sec. 173.216 was not an appropriate location for this exception 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 moving the exception from Sec. 173.216(b) to new Special Provision 156. [sbull] New Special Provision 157 is added to the entries ``Vehicle, flammable gas powered,'' and ``Vehicle, flammable liquid powered,'' each of which is assigned to UN3166. The new special provision specifies that the entries include hybrid electric vehicles powered by both internal combustion engines and wet, sodium or lithium batteries. NAAHAC agrees with the adoption of Special Provision 157, and requests that we clarify whether we are addressing all wet batteries. We do intend for the entries ``Vehicle, flammable gas powered'' and ``Vehicle, flammable liquid powered,'' and Special Provision 157 to apply to all wet batteries. While we are not aware of any hybrid vehicles that utilize wet batteries as a source of propulsion power, we included the reference in order to provide flexibility to encompass all wet batteries contained in the vehicle. [sbull] New Special Provision 159 is 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. [sbull] New Special Provision 160 is 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 that has been previously approved for transportation. We received a comment from NAAHAC supporting adoption of this special provision. [sbull] New Special Provision 161 is added to the entry ``Air bag inflators, pyrotechnic or Air bag mo","truncated":true,"body_characters":243172}