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

- **operation:** document
- **citation:** 69 FR 76044
- **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:** 2004-12-20
- **effective on:** 2005-01-01
- **summary:** RSPA 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.
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Federal Register, Volume 69 Issue 243 (Monday, December 20, 2004) [Federal Register Volume 69, Number 243 (Monday, December 20, 2004)] [Rules and Regulations] [Pages 76044-76187] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 04-27087] [[Page 76043]] ----------------------------------------------------------------------- Part II Department of Transportation ----------------------------------------------------------------------- Research and Special Programs Administration 49 CFR Parts 171, 172, 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. 69, No. 243 / Monday December 20, 2004 / Rules and Regulations [[Page 76044]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171, 172, 173, 175, 176, 178 and 180 [Docket No. RSPA-04-17036 (HM-215G)] RIN 2137-AD92 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: RSPA 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: The effective date of these amendments is January 1, 2005 Delayed Compliance Date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2006. Incorporation by Reference Date: The incorporation by reference of the publications adopted in Sec. 171.7 of this final rule have been approved by the Director of the Federal Register as of January 1, 2005. FOR FURTHER INFORMATION CONTACT: Charles Betts, 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: Contents I. Background II. Overview of Changes in this Final Rule III. Overview of Amendments Not Being Considered for Adoption in this Final Rule IV. Section-By-Section Review V. Regulatory Analyses and Notices A. Statutory/Legal Authority for this Rulemaking B. Executive Order 12866 and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Regulatory Policies and Procedures F. Paperwork Reduction Act G. Regulatory Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environmental Assessment J. Privacy Act I. Background On December 21, 1990, RSPA (we) published a final rule (Docket HM- 181; 55 FR 52402) based on the 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 five additional international harmonization final rules (Dockets HM-215A, 59 FR 67390; HM-215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR 33316; and HM-215E, 68 FR 44992). 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 UN Recommendations are not regulations, but rather are recommendations issued by the UN Committee of Experts on the Transport of Dangerous Goods (TDG) and on the Globally Harmonized System of Classification and Labeling (GHS). 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. 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 authorize 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 diminishing the level of safety currently provided by the HMR and without imposing undue burdens on the regulated public. In our efforts to continue to align the HMR with international requirements, this final rule incorporates changes into the HMR based on the Thirteenth Revised Edition of the UN Recommendations, Amendment 32 to the IMDG Code, and the 2005-2006 ICAO Technical Instructions, which become effective January 1, 2005. Petitions for rulemaking concerning harmonization with international standards and additional measures concerning 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. II. Overview of Changes in This Final Rule Amendments to the HMR in this final rule include, but are not limited to the following: --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. [[Page 76045]] --Amendments to the List of Marine Pollutants. --Revisions and additions of special provisions. --Removal of the air eligibility marking requirement. --Addition of a ``KEEP AWAY FROM HEAT'' marking requirement for packages offered for transportation by air. --Amendment to require that aerosols that are carried aboard an aircraft in accordance with Sec. 175.10(a)(4) have their release devices protected by a cap or other suitable means. --A grandfather provision to allow the shipment of materials classified as corrosive to steel or aluminum under ASTM G 31-72. -- A provision to require that the word ``overpack'' be marked on overpacks to indicate that inside packages comply with prescribed specifications. --An amendment to the criteria for classification of materials that are corrosive to metals. --Revision of the limited quantity provisions for Class 6.1, PG II materials and for materials with a subsidiary hazard of 6.1, PG II. --Amendments to the packaging requirements for materials classified as Division 6.1, Packing Group I, Hazard Zone A or Hazard Zone B. --Revision of the organic peroxide packaging requirements in order to have one consolidated packaging section for organic peroxides. The revised section will include three separate tables for organic peroxides authorized for transport in non-bulk packagings, IBCs, and bulk packagings other than IBCs, respectively. Additionally, the packaging tables will be updated through the amendments to the organic peroxide requirements that will add, revise, or delete certain entries in the organic peroxide tables. III. Overview of Amendments Not Being Considered for Adoption in This Final Rule This final rule makes changes to the HMR based on amendments to the Thirteenth Revised Edition of the UN Recommendations, Amendment 32 to the IMDG Code, and the 2005-2006 ICAO Technical Instructions, which become effective January 1, 2005. However, we are not adopting all of the amendments to those documents into the HMR. In many cases, amendments to the international regulation have not been adopted because of the framework or structure of the HMR. In several cases, we are handling certain amendments in separate rulemakings. For example, all amendments related to infectious substances are being handled under Docket HM-226A. In some instances, such as the amendment to ICAO Technical Instructions to allow certain oxygen generators aboard passenger carrying aircraft, we do not believe the amendment to be in the interest of public safety. One of the goals of this rulemaking is to continue to maintain consistency between the HMR and the international requirements. We are not striving to make the HMR identical to the international regulations but rather striving to remove or avoid potential barriers to international transportation. Below is a listing of those significant amendments to the international regulations that we have not included in this final rule with a brief explanation of why the amendment was not included: Requirements for infectious substances and genetically modified micro-organisms; [Amendments to the HMR related to infectious substances will be addressed in a future rulemaking under Docket HM-226A. Several other federal agencies regulate genetically modified micro-organisms; thus we do not plan to adopt provisions for their transport in the HMR.] Compressed gas cylinders; [Amendments to the HMR related to compressed gas cylinders will be addressed in a future rulemaking under Docket HM-220E.] Environmentally hazardous substances; [Delay in action pending further amendments to the international regulations.] Hazardous materials security; [Amendments to the HMR related to the UN Model Regulation's hazardous materials security requirements were promulgated in a rulemaking under the HM-232 Docket series.] Requirements for radioactive materials; [Amendments to the HMR related to Class 7 (radioactive) materials are being addressed in a rulemaking under the HM-230 Docket series.] Non-specification bulk packagings; [We are not adopting the new requirements in the UN Recommendations for non-specification bulk packagings including the additional inspection, testing and marking requirements. We are unsure about the cost impacts of imposing these additional amendments and, therefore, are not adopting any additional amendments at this time.] The reference to EN 10028-3, Part 3 for defining steel grain size relevant to the definition of fine grain steel; [We do not believe there is a need to adopt the European standard EN 10028-3, Part 3 because this standard is equivalent to ASTM E 112-96 (IBR, see Sec. 171.7 of this subchapter). In addition, the ASTM standard is currently referenced in the HMR and is more commonly used and recognized in the U.S.] Bulk authorization for UN0331, UN0332 and UN3375; [For several years, we have authorized, under exemption, the transport of certain blasting agents in bulk packagings. We are currently reviewing those exemptions to determine if they should be included in the HMR. The amendments in the UN Recommendations related to the bulk authorizations for UN0331, UN0332 and UN3375 will be included in that review.] The removal of wooden barrel requirements; [The removal of the wooden barrel requirements (2C1 and 2C2) may be considered in a future rulemaking.] The 24-hour gasket relaxation requirement; [A requirement that removable head packagings for liquids not be drop tested until at least 24 hours after filling and closing to allow for any possible gasket relaxation was adopted in the thirteenth revised edition of the UN Model Regulations. We have conducted testing in coordination with drum manufacturers and have determined that this requirement is not substantiated by the results of the tests conducted. Therefore, we are not adopting into the HMR amendments relative to the 24-hour gasket relaxation requirement. We also opposed this requirement when it was considered by the UN TDG Sub-Committee.] Authorization to transport protective breathing equipment (PBE's) with an oxygen generator as cargo onboard a passenger-carrying aircraft. [We do not believe that oxygen generators should be transported aboard passenger carrying aircraft. Therefore, we are not adopting the ICAO amendment that would allow oxygen generators in protective breathing equipment to be transported in passenger carrying aircraft.] IV. Section-By-Section Review Part 171 Section 171.7 Paragraph (a)(3) (incorporation by reference materials) is updated to include the most recent editions of the [[Page 76046]] ICAO Technical Instructions, the IMDG Code and the UN Recommendations. The updated editions of these standards become effective January 1, 2005. Additionally, the International Maritime Organization (IMO) recommends authorizing a one-year transition period, with a delayed compliance date of January 1, 2006, for the use of the updated edition (Amendment 32) of the IMDG Code. The updated additions are as follows: --The ICAO Technical Instructions, 2005-2006 Edition. --The IMDG Code, Amendment 32. --The UN Recommendations, Thirteenth Edition. --The UN Manual of Tests and Criteria, 4th Revised Edition. Paragraph (b) (list of informational materials not requiring incorporation by reference) is revised by adding an additional reference for a new method for determining the size of an emergency- relief device for portable tanks transporting organic peroxides. This revision is based on a petition for rulemaking numbered P-1428. The petition was submitted by the Organic Peroxides Producers Safety Division of the Society of the Plastics Industry, Inc. One commenter recommended that we revise the ``Note to Paragraph (h)(3)(vi)'' in Sec. 173.225 to maintain format consistency with the incorporation by reference entry for ``Example of a Test Method for Venting Sizing: OPPSD/SPI Methodology'' found in Sec. 171.7(a). We disagree. The reference to a second example of a test method for venting sizing is not found in Sec. 171.7(a) as a material incorporated by reference. Rather, it is found in Sec. 171.7(b) as informational material not requiring incorporation by reference. Therefore, for clarification we are revising Sec. 171.7(b) to include the reference to the ``American Institute of Chemical Engineers Process Safety Progress Journal.'' In addition, we are revising the ``Note to Paragraph (h)(3)(vi)'' in Sec. 173.225 to include a reference to Sec. 171.7(b), list of informational materials not requiring incorporation by reference. Section 171.8 The definition for ``salvage packaging'' is revised to include the term ``non-conforming.'' The term ``non-conforming'' was added to the definition by the UN Committee of Experts in December 2000 to accommodate the use of salvage packaging for. Occasionally an undamaged package is found to be tested to a performance level which is less than that required for the specific substance it contains (e.g., a drum tested to PG II standards containing a PG I substance). In other instances, the package is found to be a non-performance tested packaging containing a regulated substance. In these situations, it may not be safe or practical to transfer the material to the correct packaging to continue on to the consignee in order to ensure compliance with the HMR. Therefore, the use of salvage packaging to contain ``non- conforming'' packages will minimize the risk to those handling the package during its transport back to the shipper or to an appropriate disposal location. Section 171.11 Paragraph (d)(15) is revised to clarify that the limitations therein also apply to oxygen generators contained in personal breathing equipment. In addition, paragraph (d)(17) is revised to indicate that an organic peroxide that is not identified by a technical name in any of the organic peroxide tables found in Sec. 173.225 must be approved by the Associate Administrator in accordance with the requirements of Sec. 173.128(d). Section 171.12 In Sec. 171.12, paragraph (b)(20) is revised to indicate that an organic peroxide that is not identified by a technical name in any of the organic peroxide tables found in Sec. 173.225 must be approved by the Associate Administrator in accordance with the requirements of Sec. 173.128(d). Section 171.12a Paragraph (a) is revised to clarify the requirements for the return to Canada of bulk packagings that correspond to DOT or UN Specifications. Paragraph (b)(9)(ii) is revised to indicate that the shipping certification must be completed for shipments from Canada that enter the U.S. Paragraph (b)(18) is revised to indicate that an organic peroxide that is not identified by a technical name in any of the organic peroxide tables found in Sec. 173.22 must be approved by the Associate Administrator in accordance with the requirements of Sec. 173.128(d). Section 171.14 Paragraphs (d) and (d)(1) are revised to authorize a delayed implementation date for the amendments in this final rule. The effective date of this final rule is January 1, 2005. We are also, authorizing a delayed compliance date of January 1, 2006, which is comparable to the transitional provisions provided in the final rule published under Docket HM-215E. The delayed mandatory compliance date offers sufficient time to implement the new requirements. Paragraph (d)(2) is revised to authorize certain intermixing of old and new requirements. Part 172 Section 172.101 The regulatory text preceding the Hazardous Materials Table is revised as follows: Paragraph (c)(11) and the corresponding note to paragraph (c)(11) are amended to revise a section reference. The reference to Sec. 173.225(c) in the first sentence is revised to read Sec. 173.225(b) and the reference to Sec. 173.225(c)(2) in the note to paragraph (c)(11) is revised to read Sec. 173.225(b)(2). Paragraph (d)(4) is revised by adding a statement indicating that when the abbreviation ``Comb liq.'' is found in the ``Hazard class or division'' column of the Hazardous Materials Table (column 3), the material falls into the ``Combustible liquid'' hazard class. Paragraph (i)(3) of this section is revised to specify that Column 7 of the Hazardous Materials Table contains additional bulk packaging authorizations and limitations for the use of UN portable tanks. Sec. 172.101 The Hazardous Materials Table (HMT). In this final rule we made various amendments to the HMT. Readers should review all changes for a complete understanding of the Table amendments. The HMT has been reprinted in its entirety due to the numerous changes. Under this final rule the changes to the HMT for the purpose of harmonizing with international standards, unless otherwise stated, include, but are not limited to the following: We revised several entries by adding the qualifying word ``liquid.'' This action is consistent with the revisions to proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. Affected entries are as follows: UN1392 Alkaline earth metal amalgam UN1420 Potassium metal alloys UN1422 Potassium sodium alloys UN1701 Xylyl bromide UN1742 Boron trifluoride acetic acid complex UN1743 Boron trifluoride propionic acid complex UN2235 Chlorobenzyl chlorides UN2236 3-Chloro-4-methylphenyl isocyanate UN2306 Nitrobenzotrifluorides UN2445 Lithium alkyls UN2552 Hexafluoroacetone hydrate UN2937 alpha-Methylbenzyl alcohol [[Page 76047]] UN3276 Nitriles, toxic, n.o.s. UN3278 Organophosphorus compound, toxic, n.o.s. UN3280 Organoarsenic compound, n.o.s. UN3282 Organometallic compound, toxic, n.o.s. UN3281 Metal carbonyls, n.o.s. We revised several entries by adding the qualifying word ``solid.'' This action is consistent with the revisions to proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. Affected entries are as follows: UN1445 Barium chlorate UN1447 Barium perchlorate UN1459 Chlorate and magnesium chloride mixture UN1470 Lead perchlorate UN1578 Chloronitrobenzenes UN1579 4-Chloro-o-toluidine hydrochloride UN1650 beta-Naphthylamine UN1680 Potassium cyanide UN1689 Sodium cyanide UN1690 Sodium fluoride UN1697 Chloroacetophenone UN1709 2,4-Toluylenediamine UN1812 Potassium fluoride UN1843 Ammonium dinitro-o-cresolate UN2074 Acrylamide UN2239 Chlorotoluidines UN2261 Xylenols UN2446 Nitrocresols UN2662 Hydroquinone UN3283 Selenium compound, n.o.s. We revised several entries by removing the qualifying word ``solid.'' This action provides consistency with the Thirteenth Revised Edition of the UN Recommendations. The affected entries are as follows: UN1489 Potassium perchlorate, solid UN1598 Dinitro-o-cresol, solid UN1638 Mercury iodide, solid UN1740 Hydrogendifluorides, n.o.s. solid UN2439 Sodium hydrogendifluoride, solid We deleted several entries. This action removes from the HMR the solution form of entries that are not identified as solutions in the Thirteenth Revised Edition of the UN Recommendations. The deleted entries are as follows: UN1489 Potassium perchlorate, solution UN1598 Dinitro-o-cresol, solution UN1638 Mercury iodide, solution UN1740 Hydrogendifluorides, n.o.s. solutions UN2439 Sodium hydrogendifluoride solution We revised the proper shipping name ``Butadienes, stabilized,'' UN1010 to read ``Butadienes, stabilized or Butadienes and hydrocarbon mixture, stabilized, containing more than 40% butadienes.'' We revised the proper shipping name ``Potassium hydrogendifluoride, solid,'' UN1811 to read ``Potassium hydrogendifluoride, solid.'' We revised the proper shipping name ``Refrigerating machines, containing non-flammable, non-toxic, liquefied gas or ammonia solution (UN2672),'' UN2857 to read ``Refrigerating machines containing non-flammable, non-toxic gases or ammonia solutions (UN2672).'' We removed four references to IB52 and four references to T23 from column 7 of the HMT. This change is necessary because IB52 and T23 have been relocated to Sec. 173.225. The affected entries are: UN3109 Organic peroxide type F, liquid UN3110 Organic peroxide type F, solid UN3119 Organic peroxide type F, liquid, temperature controlled UN3120 Organic peroxide type F, solid, temperature controlled IP5 is removed from column 7 of the HMT for the following UN entries: UN1791 Hypochlorite solution UN2014 Hydrogen peroxide, aqueous solution with not less than 20% but not more than 60% hydrogen peroxide (stabilized as necessary). UN3149 Hydrogen peroxide and peroxyacetic acid mixture with acid(s), water and not more than 5% peroxyacetic acid. We deleted several entries. This action is consistent with the deletion of proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations that we are proposing to adopt into the HMR. The entries affected are: UN2003 Metal alkyls, water-reactive, n.o.s. or Metal aryls, water- reactive, n.o.s. UN3049 Metal alkyl halides, water-reactive, n.o.s. or Metal aryl halides, water-reactive, n.o.s. UN3050 Metal alkyl hydrides, water-reactive, n.o.s. or Metal aryl hydrides, water-reactive, n.o.s. UN3207 Organometallic compound or Compound solution or Compound dispersion, water-reactive, flammable, n.o.s. UN3203 Pyrophoric organometallic compound, water-reactive, n.o.s., liquid Pyrophoric organometallic compound, water-reactive, n.o.s., solid UN3372 Organometallic compound, solid, water-reactive, flammable, n.o.s. We added the following new entries. Many of these entries are the liquid or solid form of entries that are already listed in the HMT. This action is consistent with the addition of proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. The new entries are as follows: UN3377 Sodium perborate monohydrate UN3378 Sodium carbonate peroxyhydrate UN3379 Desensitized explosives, liquid, n.o.s. UN3380 Desensitized explosives, solid, n.o.s. UN3401 Alkali metal amalgam, solid UN3402 Alkaline earth metal amalgam, solid UN3403 Potassium metal alloys, solid UN3404 Potassium sodium alloys, solid UN3405 Barium chlorate solution UN3406 Barium perchlorate solution UN3407 Chlorate and magnesium chloride mixture solution UN3408 Lead perchlorate solution UN3409 Chloronitrobenzenes, liquid UN3410 4-Chloro-o-toluidine hydrochloride solution UN3411 beta-Naphthylamine solution UN3413 Potassium cyanide solution UN3414 Sodium cyanide solution UN3415 Sodium fluoride solution UN3416 Chloroacetophenone, liquid UN3417 Xylyl bromide, solid UN3418 2,4-Toluylenediamine solution UN3419 Boron trifluoride acetic acid complex, solid UN3420 Boron trifluoride propionic, acid complex, solid UN3421 Potassium hydrogendifluoride solution UN3422 Potassium fluoride solution UN3423 Tetramethylammonium hydroxide, solid UN3424 Ammonium dinitro-o-cresolate solution UN3425 Bromoacetic acid, solid UN3426 Acrylamide solution UN3427 Chlorobenzyl chlorides, solid UN3428 3-Chloro-4-Methylphenyl isocyanate, solid UN3429 Chloro-toluidines, liquid UN3430 Xylenols, liquids UN3431 Nitrobenzotrifluorides, solid UN3432 Polychlorinated biphenyls, solid UN3433 Lithium alkyls, solid UN3434 Nitrocresols, liquid UN3435 Hydroquinone solution UN3436 Hexafluoroacetone hydrate, solid [[Page 76048]] UN3437 Chlorocresols, solid UN3438 alpha-Methylbenzyl alcohol, solid UN3439 Nitriles, toxic, solid, n.o.s. UN3440 Selenium compound, liquid, n.o.s. UN3441 Chlorodinitrobenzenes, solid UN3442 Dichloroanilines, solid UN3443 Dinitrobenzenes, solid UN3444 Nicotine hydrochloride, solid UN3445 Nicotine sulphate, solid UN3446 Nitrotoluenes, solid UN3447 Nitroxylenes, solid UN3448 Tear gas substance, solid, n.o.s. UN3449 Bromobenzyl cyanides, solid UN3450 Diphenylchloroarsine, solid UN3451 Toluidines, solid UN3452 Xylidines, solid UN3453 Phosphoric acid, solid UN3454 Dinitrotoluenes, solid UN3455 Cresols, solid UN3456 Nitrosyl-sulphuric acid, solid UN3457 Chloronitrotoluenes, solid UN3458 Nitroanisoles, solid UN3459 Nitrobromobenzenes, solid UN3460 N-Ethylbenzyltoluidines, solid UN3461 Aluminium alkyl halides, solid UN3462 Toxins, extracted from living sources, solid, n.o.s. UN3464 Organophosphorus compound, toxic, solid, n.o.s. UN3465 Organoarsenic compound, solid, n.o.s. UN3466 Metal carbonyls, solid, n.o.s. UN3467 Organometallic compound, toxic, solid, n.o.s. UN3468 Hydrogen in a metal hydride storage system A commenter stated that by adding the shipping names for desensitized explosives under identification numbers UN3379 and UN3380, approvals should be modified to authorize the use of classifications for the applicable hazardous materials. The commenter also noted that due to these additions, the definitions for flammable solids and flammable liquids require revision to account for the new shipping names. We do not anticipate a significant number of explosives being assigned to these shipping names. Therefore, we disagree with the commenter's contention that each holder of an EX number request an updated shipping classification. In addition, we do not agree with the commenter's request to revise the definitions of flammable solid and flammable liquid to include the additional proper shipping names. The definitions of flammable solid and flammable liquid adequately describe materials assigned to those shipping names. Additionally, shipping names are not found under hazard class definitions, but rather, in the HMT. We added the following new generic entries for materials that are toxic by inhalation. These new names will replace the existing generic entries in the HMT. This action is consistent with the addition of proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. Affected entries are as follows: UN3381 Toxic by inhalation liquid, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m\3\ and saturated vapor concentration greater than or equal to 500 LC 50 . UN3382 Toxic by inhalation liquid, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m\3\ and saturated vapor concentration greater than or equal to 10 LC 50 . UN3383 Toxic by inhalation liquid, flammable, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m\3\ and saturated vapor concentration greater than or equal to 500 LC 50 . UN3384 Toxic by inhalation liquid, flammable, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m\3\ and saturated vapor concentration greater than or equal to 10 LC 50 . UN3385 Toxic by inhalation liquid, water-reactive, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m\3\ and saturated vapor concentration greater than or equal to 500 LC 50 . UN3386 Toxic by inhalation liquid, water-reactive, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m\3\ and saturated vapor concentration greater than or equal to 10 LC 50 . UN3387 Toxic by inhalation liquid, oxidizing, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m\3\ and saturated vapor concentration greater than or equal to 500 LC 50 . UN3388 Toxic by inhalation liquid, oxidizing, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m\3\ and saturated vapor concentration greater than or equal to 10 LC 50 . UN3389 Toxic by inhalation liquid, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 200 ml/m\3\ and saturated vapor concentration greater than or equal to 500 LC 50 . UN3390 Toxic by inhalation liquid, corrosive, n.o.s. with an inhalation toxicity lower than or equal to 1000 ml/m\3\ and saturated vapor concentration greater than or equal to 10 LC50. We added the following new generic entries for organometallic substances. This action is consistent with the addition of proper shipping names that were incorporated into the Thirteenth Revised Edition of the UN Recommendations. The new entries are as follows: UN3391 Organometallic substance, solid, pyrophoric UN3392 Organometallic substance, liquid, pyrophoric UN3393 Organometallic substance, solid, pyrophoric, water-reactive UN3394 Organometallic substance, liquid, pyrophoric, water-reactive UN3395 Organometallic substance, solid, water-reactive UN3396 Organometallic substance, solid, water-reactive, flammable UN3397 Organometallic substance, solid, water-reactive, self-heating UN3398 Organometallic substance, liquid, water-reactive UN3399 Organometallic substance, liquid, water-reactive, flammable UN3400 Organometallic substance, solid, self-heating In addition, we are continuing to allow the use of the following specific Organometallic entries: UN1366, UN1370, UN2005, UN2445, UN3051, UN3052, UN3053, and UN3076. However, we anticipate removing these entries from the HMT by January 1, 2007. The U.N. Recommendations have adopted a rationalized approach for the assignment of UN portable tank instructions for solid materials. Based on that rationalized approach, we made several changes to UN portable tank authorizations in the HMR. These changes are summarized as follows. For a more specific identification of the affected shipping descriptions, refer to the UN report located in the public Docket. For Division 4.1, Packing Group I materials, the use of UN portable tanks is not authorized. For Division 4.3 materials with a subsidiary class of 6.1, in Packing Group I, the use of portable tanks is not authorized. For materials of Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9, in Packing Group II, Special Provisions T3 is specified. For Division 4.2, Packing Group I materials, T21 and TP7 is specified. For Division 4.3, Packing Group I materials, T9 and TP7 is specified. For Division 5.1, Packing Group I materials, the use of UN portable tanks is not authorized. For Division 6.1 and Class 8, Packing Group I materials, T6 is specified. For materials of Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9, in Packing Group III, Special Provisions T1 is specified. [[Page 76049]] Several entries in the HMT have been revised by amending column 9B to read ``forbidden'' so that the materials are no longer authorized for transport aboard cargo aircraft. The entries have been revised because they meet the criteria of either Zone C or Zone D inhalation toxicity. All other Zone C and Zone D toxic by inhalation materials listed in the HMR are currently already forbidden from transport aboard passenger and cargo aircraft (these materials are already forbidden from transport aboard passenger aircraft). The entries to be revised include: Zone C UN2204 Carbonyl sulfide UN1023 Coal gas, compressed UN1064 Methyl mercaptan UN1048 Hydrogen bromide, anhydrous UN1079 Sulfur dioxide Zone D UN1005 Ammonia, anhydrous UN3318 Ammonia solution, relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia UN1040 Ethylene oxide or Ethylene oxide with nitrogen up to a total pressure of 1MPa (10 bar) at 50 degrees C UN1040 Ethylene oxide or Ethylene oxide with nitrogen up to a total pressure of 1MPa (10 bar) at 50 degrees C UN2191 Sulfuryl fluoride 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 removed the entries ``Diphenyl oxide and biphenyl phenyl ether mixtures,'' ``Isoamyl mercaptan,'' ``Pentanethiols,'' and ``Tetrachlorophenol.'' We revised the entry ``2, 6-Di-tert- Butylphenol'' and we added the entry ``Chloropicrin.'' Section 172.102 We amended Sec. 172.102, Special Provisions, as follows: Several entries in the HMT are revised by adding special provisions A3, A6, A7, A9, A10, N3, and N36 to align this section with the equivalent special provisions in the ICAO Technical Instructions (13, 2, 5, 4, 7, 21, and 3 respectively). We removed the ``A'' special provisions for several entries because we have determined that the materials to which the provisions apply are currently not authorized for transportation on either passenger or cargo aircraft. The following entries are revised by adding special provision A3: UN1154 Diethylamine UN1788 Hydrobromic acid, not more than 49% strength UN1789 Hydrochloric acid UN2031 Nitric acid, other than red fuming, with more than 70% nitric acid UN2604 Boron trifluoride diethyl etherate The following entries are revised by adding A6: UN1111 Amyl mercaptan UN1228 Mercaptans, liquid, flammable, toxic, n.o.s. UN1760 Corrosive liquid, n.o.s. UN1903 Disinfectants, liquid, corrosive, n.o.s. UN2031 Nitric acid, other than red fuming, with not more than 70% nitric acid UN2054 Morpholine UN2347 Butyl mercaptan UN2363 Ethyl mercaptan UN2402 Propanethiols UN2801 Dye, liquid, corrosive, n.o.s. UN2920 Corrosive liquid, flammable, n.o.s. UN2922 Corrosive liquid, toxic, n.o.s. UN3071 Mercaptans, liquid, toxic, flammable, n.o.s. UN3093 Corrosive liquid, oxidizing, n.o.s. UN3093 Corrosive liquid, oxidizing, n.o.s. UN3094 Corrosive liquid, water-reactive, n.o.s. UN3094 Corrosive liquid, water-reactive, n.o.s. UN3098 Oxidizing liquid, corrosive, n.o.s. UN3099 Oxidizing liquid, toxic, n.o.s. UN3139 Oxidizing liquid, n.o.s. UN3145 Alkylphenols, liquid, n.o.s. (including C2-C12 homologues) UN3264 Corrosive liquid, acidic, inorganic, n.o.s. UN3265 Corrosive liquid, acidic, organic, n.o.s. UN3266 Corrosive liquid, basic, inorganic, n.o.s. UN3267 Corrosive liquid, basic, organic, n.o.s. UN3301 Corrosive liquid, self-heating, n.o.s. The following entries are revised by adding special provision A7: UN1167 Divinyl ether, stabilized UN1277 Propylamine UN1389 Alkali metal amalgam, liquid UN1389 Alkali metal amalgam, solid UN1391 Alkali metal dispersion or Alkaline earth metal dispersion UN1407 Cesium or Caesium UN1420 Potassium metal alloys UN1421 Alkali metal alloy, liquid, n.o.s. UN1422 Potassium sodium alloys UN1431 Sodium methylate UN1796 Nitrating acid mixture with not more than 50% nitric acid UN1796 Nitrating acid mixture with more than 50% nitric acid UN1826 Nitrating acid mixture, spent with not more than 50% nitric acid UN1826 Nitrating acid mixture, spent with more than 50% nitric acid UN1828 Sulphur chlorides UN1938 Bromoacetic acid UN2257 Potassium UN2749 Tetramethylsilane UN3093 Corrosive liquid, oxidizing, n.o.s. UN3093 Corrosive liquid, oxidizing, n.o.s. UN3094 Corrosive liquid, water-reactive, n.o.s. UN3094 Corrosive liquid, water-reactive, n.o.s. UN3205 Alkaline earth metal alcoholates, n.o.s. UN3205 Alkaline earth metal alcoholates, n.o.s. UN3206 Alkali metal alcoholates, self-heating, corrosive, n.o.s. UN3206 Alkali metal alcoholates, self-heating, corrosive, n.o.s. UN3208 Metallic substance, water-reactive, n.o.s. UN3208 Metallic substance, water-reactive, n.o.s. UN3208 Metallic substance, water-reactive, n.o.s. UN3209 Metallic substance, water-reactive, self-heating, n.o.s. UN3209 Metallic substance, water-reactive, self-heating, n.o.s. UN3209 Metallic substance, water-reactive, self-heating, n.o.s. The following entries are revised by adding special provision A9: UN1449 Barium peroxide UN1452 Calcium chlorate UN3212 Hypochlorites, inorganic, n.o.s. The following entries are revised by adding special provision A10: UN1828 Sulphur chlorides UN2401 Piperidine The following entry is revised by adding special provision N3: UN2817 Ammonium hydrogendifluoride solution The following entries are revised by adding special provision N36: UN1184 Ethylene dichloride UN1732 Antimony pentafluoride UN1777 Fluorosulphonic acid UN2699 Trifluoroacetic acid The following entries are revised by removing certain ``A'' special provisions since the materials themselves are forbidden for transportation aboard passenger and cargo aircraft: [[Page 76050]] UN1541 Acetone cyanohydrin, stabilized (remove A3) UN1722 Allyl chloroformate (remove A3) UN2692 Boron tribromide (remove A3, A7) UN1744 Bromine or Bromine solutions (remove A3, A6) UN2484 tert-Butyl isocyanate (remove A7) UN2485 n-Butyl isocyanate (remove A7) UN1752 Chloroacetyl chloride (remove A3, A6, A7) UN1754 Chlorosulfonic acid (with or without sulfur trioxide) (remove A3, A6, A10) UN2382 Dimethylhydrazine, symmetrical (remove A7) UN1182 Ethyl chloroformate (remove A3, A6, A7) UN2481 Ethyl isocyanate (remove A7) UN2014 Hydrogen peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary) (remove A3, A6) UN2015 Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions, stabilized with more than 60 percent hydrogen peroxide (remove A3, A6) NA9206 Methyl phosphonic dichloride (remove A3) UN2534 Methylchlorosilane (remove A2, A3, A7) UN2304 Naphthalene, molten (remove
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