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

- **operation:** document
- **citation:** 71 FR 51894
- **title:** Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** proposed
- **official:** true
- **published on:** 2006-08-31
- **effective on:** Not available
- **summary:** PHMSA proposes to amend the Hazardous Materials Regulations 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. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods.
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Federal Register, Volume 71 Issue 169 (Thursday, August 31, 2006) [Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)] [Proposed Rules] [Pages 51894-51928] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 06-7200] [[Page 51893]] ----------------------------------------------------------------------- Part II Department of Transportation ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration ----------------------------------------------------------------------- 49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Proposed Rule Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Proposed Rules [[Page 51894]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 178 and 180 [Docket No. PHMSA-06-25476 (HM-215I)] RIN 2137-AE16 Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations 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. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods. DATES: Comments must be received by October 16, 2006. ADDRESSES: You may submit comments identified by the docket number (PHMSA-06-25476) by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov . Follow the online instructions for submitting comments. Web Site: http://dms.dot.gov . Follow the instructions for submitting comments on the DOT electronic docket site. Fax: 1-202-493-2251. Mail: Docket Management System; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, PL-402, Washington, DC 20590-0001. Hand Delivery: PL-402 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this notice. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted, without change, to http://dms.dot.gov including any personal information provided. Please see the Privacy Act heading under Regulatory Analyses and Notices. Docket: For access to the docket to read background documents or comments received, go to http://dms.dot.gov at any time or to the Docket Management System (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Charles Betts, Office of Hazardous Materials Standards, telephone (202) 366-8553, or Shane Kelley, International Standards, telephone (202) 366-0656, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Contents I. Background II. Sunset Provision III. Overview of Proposed Changes in the NPRM IV. Overview of Amendments Not Being Considered for Adoption in This NPRM V. Section-by-Section VI. 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 Procedures and Policies 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, the Research and Special Programs Administration (RSPA), the predecessor agency to the Pipeline and Hazardous Materials Safety Administration (PHMSA, we) published a final rule (Docket HM-181; 55 FR 52402) based on the UN Recommendations on the Transport of Dangerous Goods, to comprehensively revise the Hazardous Materials Regulations (HMR), 49 CFR parts 171 to 180, for harmonization with the international standards. Since publication of the 1990 final rule, we have issued six 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; HM-215E, 68 FR 44992; and HM-215G, 69 FR 76044). 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 Labelling of Chemicals (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, including the International Maritime Organization's International Maritime Dangerous Goods Code (IMDG Code), and the International Civil Aviation Organization's Technical Instructions for the Transport of Dangerous Goods by Air (ICAO Technical Instructions). The harmonization of domestic and international standards becomes increasingly important as the volume of hazardous materials transported in international commerce grows. Harmonization serves to facilitate international transportation, while maintaining appropriate protection of people, property, and the environment. Although 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 its 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 aligning the HMR with international requirements, in this NPRM, we are proposing to incorporate changes into the HMR based on the Fourteenth revised edition of the UN Recommendations, Amendment 33 to the IMDG Code, and the 2007-2008 ICAO Technical Instructions which become effective January 1, 2007. We are also addressing petitions for rulemaking concerning harmonization with international standards and additional measures to facilitate international transportation. [[Page 51895]] II. Sunset Provision To assure the HMR account for new technologies and updated business practices, PHMSA is considering whether certain requirements proposed in this NPRM should be afforded a ``sunset'' provision. If we adopt such a provision, certain amendments adopted through this rulemaking would expire after a fixed amount of time (e.g., 10 years) from the publication date of the final rule. Harmonizing the HMR with international transportation requirements facilitates the transportation of hazardous materials in international commerce by eliminating the need for shippers and carriers to comply with two different sets of regulations. Certain standards that we are proposing to adopt by reference likely will be updated periodically in response to changes in international standards or may be replaced by other more relevant or technically superior standards. Future changes to these standards would have to consider whether to retain or extend the sunset date. If we choose to do nothing, a sunset provision would mean the HMR would revert to the language and requirements in effect before the issuance of the final rule. We are requesting comments on whether certain amendments should be tied to a sunset provision. III. Overview of Proposed Changes in This NPRM In this NPRM, we are proposing the following amendments to the HMR: Adoption of a single shipping paper description sequence (identification number, proper shipping name, hazard class or division, packing group). Currently, the HMR permit the shipping paper description sequence to start with either the identification number or the proper shipping name. Requirement to indicate the net quantity of hazardous material per package on the shipping paper if transportation is by aircraft. The HMR do not currently require this information on a shipping paper. Incorporation by reference of the updated ICAO Technical Instructions, IMDG Code, and UN Recommendations. Amendments to the Hazardous Materials Table (HMT) to 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 vessels stowage provisions. Revision of the ORGANIC PEROXIDE label and placard. Revision of the classification criteria for PG III flammable liquids. Revision of the classification criteria and packing group assignment for Division 6.1 materials. Requirements for the transportation of fuel cells containing flammable liquid. Adoption of a one-packet limit for matches carried by airline passengers or crew members. IV. Overview of International Standards Not Being Considered for Adoption in This NPRM This NPRM proposes changes to the HMR based on amendments to the Fourteenth revised edition of the UN Recommendations, Amendment 33 to the IMDG Code, and the 2007-2008 ICAO Technical Instructions, which become effective January 1, 2007. However, we are not proposing to adopt all of the amendments to those documents into the HMR. In many cases, amendments to the international regulations have not been adopted because the framework or structure of the HMR makes adoption unnecessary. In other cases, we have handled, or will be handling, the amendments in separate rulemaking proceedings. For example, we addressed requirements related to the transportation of infectious substances in a final rule published June 2, 2006, under Docket HM-226A (71 FR 32244). Similarly, we adopted amendments relating to the use of UN cylinders and pressure vessels in a final rule published June 12, 2006, under Docket HM-220E (71 FR 33858). If we have inadvertently omitted an amendment in this NPRM, we will attempt to include the omission in the final rule. However, our ability to make changes in a final rule is limited by requirements of the Administrative Procedure Act. In some instances, we can adopt a provision inadvertently omitted in the NPRM if it is clearly within the scope of changes proposed in the notice, does not require substantive changes from the international standard on which it is based, and imposes minimal or no cost impacts on persons subject to the requirement. Otherwise, in order to provide opportunity for notice and comment, the change must be proposed in an NPRM. 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 to remove or avoid potential barriers to international transportation. Below is a listing of those significant amendments to the international regulations that we are not proposing to adopt in this NPRM with a brief explanation of why the amendment was not included: Environmentally hazardous substances. The UN Recommendations have not yet been adopted by ICAO and IMO. These changes will be considered in a separate rulemaking proceeding. Hazardous materials security. Like the HMR, the UN Recommendations require carriers, consignors and others engaged in the transport of ``high consequence'' dangerous goods to adopt, implement and comply with a security plan that addresses the transportation risks associated with these materials. A major difference between the HMR and the UN Recommendations is the quantity of hazardous material that triggers the requirement for a security plan. We are analyzing the differences and, based on our conclusions, will consider a separate rulemaking to address this issue. Requirements for radioactive materials. We are not proposing to adopt provisions pertaining to the transportation of Class 7 (radioactive) materials. Amendments to requirements pertaining to the transportation of Class 7 materials are based on changes contained in the International Atomic Energy Agency (IAEA) publication, ``IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Materials.'' Due to their complexity, these changes will be addressed in a separate rulemaking. Default classification system for fireworks. We are not proposing to adopt these provisions of the UN Recommendations because we do not believe the UN classification system provides an equivalent level of safety to the current HMR requirements. Under the HMR, fireworks must be classed and approved by the Associate Administrator for Hazardous Materials Safety; the approvals are based on American Pyrotechnic Association Standard 87-1. Fuel cells. We are not proposing to adopt provisions for the carriage of fuel cell cartridges in the passenger cabin of a passenger aircraft that were adopted by ICAO. Also, we are not proposing to adopt the packaging provisions for the transport of ``Hydrogen in a metal hydride storage system,'' (UN3468), as adopted by ICAO. Currently, the HMR allow transportation of these storage systems by motor vehicle and rail under the terms of an exemption and by motor vehicle, rail, cargo vessel and cargo aircraft with approval of the Associate Administrator. These issues will be [[Page 51896]] considered in a separate rulemaking proceeding. Marking of Limited Quantity shipments. The ICAO Technical Instructions adopted a marking requirement for packages containing a limited quantity of hazardous material that consists of the identification number of the material placed within a square-on-point border. The marking is anticipated to become effective January 1, 2009. Except for transportation by aircraft, this marking is currently authorized under the HMR as an alternative to marking the proper shipping name on the package; we are allowing continued use of this marking to minimize transportation costs and provide flexibility. V. Section-by-Section Review Part 171 Section 171.7 Section 171.7 lists the standards incorporated by reference into the HMR. We propose to update the incorporation by reference materials for the ICAO Technical Instructions, the IMDG Code, the UN Recommendations and the UN Manual of Tests and Criteria. The updated editions of these standards become effective January 1, 2007. The standards would be updated as follows: The ICAO Technical Instructions, 2007-2008 Edition. The IMDG Code, Amendment 33. The UN Recommendations, Fourteenth revised edition. The UN Manual of Tests and Criteria, Fourth revised edition (2003), and Addendum 2, (2004). Section 171.14 This section lists specific transition periods for certain provisions adopted into the HMR. Paragraph (b) lists transitional provisions related to revised placarding requirements. In this NPRM, we propose to remove paragraph (b) because the transitional period has expired. Paragraph (d) of this section specifies transition provisions for previously adopted amendments intended to harmonize the HMR with international standards. We are proposing revisions to this paragraph to provide specific transitional provisions for certain of the amendments proposed in this NPRM. We are proposing an effective date of January 1, 2007, and a mandatory compliance date of January 1, 2008. We propose to permit voluntary compliance as of January 1, 2007, to correspond with the effective implementation dates of the 2007-2008 ICAO Technical Instructions and Amendment 33 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, 2007. Paragraph (e) of this section contains an outdated transition provision. In this NPRM, we propose to replace the outdated transition provision with a new paragraph (e) that would permit use for domestic shipments of the shipping description sequences in effect on December 31, 2006, until January 1, 2009. See the Sec. 172.202 preamble discussion for a complete explanation of the shipping description sequence issue. Paragraph (f) of this section contains an outdated transitional provision. We propose to revise paragraph (f) by removing the current provision and adding a transitional provision to allow continued display of Division 5.2 labels and placards conforming to the specifications in effect on December 31, 2006, until January 1, 2011. See the Sec. Sec. 172.407 and 172.427 preamble discussions for a complete explanation of this issue. In new paragraph (g), we are proposing to allow continued use of the Class 3 and Division 6.1 classification criteria and packing group assignments in effect on December 31, 2006, until January 1, 2012. See Sec. Sec. 173.120 and 174.133 preamble discussions for a complete explanation of this issue. Part 172 Section 172.101 Section 172.101 contains the Hazardous Materials Table (HMT) and explanations for each of the columns in the HMT. Paragraph (d) of this section addresses column 3 of the HMT, which contains the hazard class or division for each specific material listed in the HMT. Paragraph (d)(4) addresses entries classed as combustible liquids. We are proposing to revise paragraph (d)(4) to revise the lower limit for classing a material as a combustible liquid from 60.5 [deg]C (141 [deg]F) to 60 [deg]C (140 [deg]F). This is consistent with recent changes to the classification of flammable liquids based on the GHS and adoption into the UN Recommendations. The Sec. 172.101 Hazardous Materials Table (HMT): In the Sec. 172.101 Hazardous Materials Table (HMT), we are proposing to make various amendments. 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.'' Under this NPRM, the proposed amendments to the HMT for the purpose of harmonizing with international standards, unless otherwise stated, include, but are not limited to the following: 1. We propose to correct Column (7) Special provisions of the HMT by removing Special provision 101 which requires the name of the particular substance or article to be specified. With the introduction of the letter ``G'' for these materials in Column (1), requiring the n.o.s. and generic proper shipping names to be supplemented with the technical name of the hazardous material, Special provision 101 becomes obsolete and duplicative. The affected entries are as follows: UN0349............................ Articles, explosive, n.o.s. UN0350............................ Articles, explosive, n.o.s. UN0351............................ Articles, explosive, n.o.s. UN0352............................ Articles, explosive, n.o.s. UN0353............................ Articles, explosive, n.o.s. UN0354............................ Articles, explosive, n.o.s. UN0355............................ Articles, explosive, n.o.s. UN0356............................ Articles, explosive, n.o.s. UN0462............................ Articles, explosive, n.o.s. UN0463............................ Articles, explosive, n.o.s. UN0464............................ Articles, explosive, n.o.s. UN0465............................ Articles, explosive, n.o.s. UN0466............................ Articles, explosive, n.o.s. UN0467............................ Articles, explosive, n.o.s. UN0468............................ Articles, explosive, n.o.s. [[Page 51897]] UN0469............................ Articles, explosive, n.o.s. UN0470............................ Articles, explosive, n.o.s. UN0471............................ Articles, explosive, n.o.s. UN0472............................ Articles, explosive, n.o.s. UN0382............................ Components, explosive train, n.o.s. UN0383............................ Components, explosive train, n.o.s. UN0384............................ Components, explosive train, n.o.s. UN0461............................ Components, explosive train, n.o.s. UN0357............................ Substances, explosive, n.o.s. UN0358............................ Substances, explosive, n.o.s. UN0359............................ Substances, explosive, n.o.s. UN0473............................ Substances, explosive, n.o.s. UN0474............................ Substances, explosive, n.o.s. UN0475............................ Substances, explosive, n.o.s. UN0476............................ Substances, explosive, n.o.s. UN0477............................ Substances, explosive, n.o.s. UN0478............................ Substances, explosive, n.o.s. UN0479............................ Substances, explosive, n.o.s. UN0480............................ Substances, explosive, n.o.s. UN0481............................ Substances, explosive, n.o.s. UN0485............................ Substances, explosive, n.o.s. UN0482............................ Substances, explosive, very insensitive, n.o.s. or Substances, EVI, n.o.s. 2. Amendment 32 of the IMDG Code added a new segregation group for alkalis. For consistency with international regulations and in response to a petition from Horizon Lines (P-1470), we are proposing to revise the Vessel Stowage Provisions in Column (10B) by adding Segregation Code ``52'' (Stow ``Separated from'' acids) to certain entries. The affected entries are as follows: UN2733............................ Amines, flammable, corrosive, n.o.s. or Polyamines, flammable, corrosive, n.o.s. UN2671............................ Aminopyridines (o-; m-; p-). UN1005............................ Ammonia, anhydrous. UN3318............................ Ammonia solution, relative density less than 0.880 at 15 degrees C in water, with more than 50 percent ammonia. UN2672............................ Ammonia solutions, relative density between 0.880 and 0.957 at 15 degrees C in water, with more than 10 percent but not more than 35 percent ammonia. UN2073............................ Ammonia solutions, relative density less than 0.880 at 15 degrees C in water, with more than 35 percent but not more than 50 percent ammonia. UN3028............................ Batteries, dry, containing potassium hydroxide solid, electric, storage. UN2795............................ Batteries, wet, filled with alkali, electric storage. UN2797............................ Battery fluid, alkali. UN2682............................ Caesium hydroxide. UN2681............................ Caesium hydroxide solution. UN1719............................ Caustic alkali liquids, n.o.s. UN1160............................ Dimethylamine solution. UN2379............................ 1, 3-Dimethylbutylamine. UN2382............................ Dimethylhydrazine, symmetrical. UN1163............................ Dimethylhydrazine, unsymmetrical. UN3253............................ Disodium trioxosilicate. UN2491............................ Ethanolamine or Ethanolamine solutions. UN2270............................ Ethylamine, aqueous solution with not less than 50 percent but not more than 70 percent ethylamine. UN1604............................ Ethylenediamine. UN2386............................ 1-Ethylpiperidine. UN2029............................ Hydrazine, anhydrous. UN3293............................ Hydrazine, aqueous solution with not more than 37 percent hydrazine, by mass. UN2030............................ Hydrazine, aqueous solutions, with more than 37 percent hydrazine, by mass. UN2680............................ Lithium hydroxide. UN2679............................ Lithium hydroxide, solution. UN1235............................ Methylamine, aqueous solution. UN1244............................ Methylhydrazine. UN2399............................ 1-Methylpiperidine. UN1813............................ Potassium hydroxide, solid. UN1814............................ Potassium hydroxide, solution. UN2033............................ Potassium monoxide. UN1922............................ Pyrrolidine. UN2678............................ Rubidium hydroxide. UN2677............................ Rubidium hydroxide solution. UN1907............................ Soda lime with more than 4 percent sodium hydroxide. UN1819............................ Sodium aluminate, solution. UN2318............................ Sodium hydrosulfide, with less than 25 percent water of crystallization. UN1823............................ Sodium hydroxide, solid. UN1824............................ Sodium hydroxide solution. UN1825............................ Sodium monoxide. UN1849............................ Sodium sulfide, hydrated with not less than 30 percent water. UN2320............................ Tetraethylenepentamine. [[Page 51898]] UN3073............................ Vinylpyridines, stabilized. 3. The entry ``Aerosols, non-flammable, (each not exceeding 1 L capacity),'' UN1950, would be revised by adding vessel storage location code ``A'' in Column (10A). This code was inadvertently removed in a final rule published under Docket HM-189Y (70 FR 56084; September 23, 2005). 4. The entry ``Antimony trichloride, solid,'' UN1733, PG II, would be revised by adding Special provisions T3 and TP33. Special provision T3 specifies the applicable minimum test pressure, the minimum shell thickness, bottom opening requirements and pressure relief requirements when transporting this material in a UN portable tank. Special provision TP33 specifies requirements applicable to the transportation of this material in IM and UN Specification portable tanks. 5. The entry, ``Articles, explosive, extremely insensitive or Articles, EEI, '' UN0486, would be revised by removing Special provision 101 which requires the name of the particular substance or article to be specified. 6. The entry ``Benzyl bromide,'' UN1737, PG II, would be revised by removing the reference to Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A). 7. The entry ``Benzyl chloride,'' UN1738, PG II, would be revised by removing the reference to Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A). 8. In accordance with changes in the Fourteenth revised edition of the UN Recommendations, we propose to remove the following entries: --The entry ``Carbon dioxide and nitrous oxide mixtures,'' UN1015; --The entry ``Carbon dioxide and oxygen mixtures, compressed,'' UN1014; and --The entry ``Carbon monoxide and hydrogen mixture, compressed,'' UN2600. 9. The entry, ``Charges, shaped, flexible, linear,'' UN0288, would be revised by removing Special provision 101, which requires the name of the particular substance or article to be specified. 10. The entry ``Chlorosilanes, corrosive, n.o.s.,'' UN2987, PG II, would be revised by removing the reference to Sec. 173.154 ``Exceptions for Class 8 (corrosive materials)'' in Column (8A). 11. The entry ``Chlorosilanes, flammable, corrosive, n.o.s.,'' UN2985, PG II, would be revised by removing the reference to Sec. 173.150 ``Exceptions for Class 3 (flammable) and combustible liquids'' in Column (8A). 12. The entry ``Chlorosilanes, toxic, corrosive, n.o.s.,'' UN3361, PG II, would be revised by removing the reference to Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A). 13. The entry ``Chlorosilanes, toxic, corrosive, flammable, n.o.s.,'' UN3362, PG II, would be revised by removing the reference to Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A). 14. The entry ``Chromium trioxide, anhydrous,'' UN1463, Column (6) would be revised by adding the Division 6.1 subsidiary hazard labeling requirement. 15. The entry ``Compressed gas, n.o.s.,'' UN1956, would be revised by adding Special provision 77. Special provision 77 requires, for domestic transportation, a Division 5.1 subsidiary risk label when a carbon dioxide and oxygen mixture contains more than 23.5% oxygen. 16. The entry, ``Contrivances, water-activated, with burster, expelling charge or propelling charge,'' UN0248, would be revised by removing Special provision 101, which requires the name of the particular substance or article to be specified. In addition, the letter ``G'' would be added to Column (1), requiring the proper shipping name to be supplemented with the technical name of the hazardous material. 17. The entry, ``Contrivances, water-activated, with burster, expelling charge or propelling charge,'' UN0249, would be revised by removing Special provision 101, which requires the name of the particular substance or article to be specified. In addition, the letter ``G'' would be added to Column (1), requiring the proper shipping name to be supplemented with the technical name of the hazardous material. 18. The entry ``Corrosive liquid, acidic, inorganic, n.o.s.,'' UN3264, PG II, would be revised by removing Special provision A6. Special provision A6 specifies that for combination packagings, if plastic inner packagings are used, they must be packed in tightly closed metal receptacles before packing in outer packagings. Special provision A6 applies only to the PG I entry of this material. 19. The proper shipping name for the entry ``Crotonaldehyde, Stabilized,'' UN1143, would be revised to read ``Crotonaldehyde or Crotonaldehyde, stabilized'' and to add proposed new Special provision 175. New Special provision 175 specifies this material is required to be stabilized when in concentrations of not more than 99%. The revision appears as a ``Remove/Add'' in this rulemaking. 20. The proper shipping name for the entry ``Crotonic acid, liquid,'' UN2823, would be corrected to read ``Crotonic acid, liquid'' and the Identification Number would be revised to read ``UN3472.'' This revision appears as a ``Remove/Add'' in this rulemaking. 21. The proper shipping name for the entry ``Crotonic acid, solid,'' UN2823, would be corrected to read ``Crotonic acid, solid,'' UN2823. This correction appears as a ``Remove/Add'' in this rulemaking. 22. In accordance with the ICAO Technical Instructions, the entry ``Dangerous Goods in Machinery or Dangerous Goods in Apparatus,'' UN 3363, would be revised by adding quantity limits for transportation by aircraft. The quantity limits will be specified in a new Special provision A105. 23. The entry ``Ethyltrichlorosilane,'' UN1196, PG II, would be revised by removing the reference to Sec. 173.150 ``Exceptions for Class 3 (flammable) and combustible liquids'' in Column (8A). 24. The entry ``Formic acid,'' UN1779, would be revised to read ``Formic acid with more than 85% acid by mass'' and the Class 3 subsidiary hazard would be added in Column (6). This revision appears as a ``Remove/Add'' in this rulemaking. 25. A new entry, ``Formic acid with not less than 10% but not more than 85% acid by mass,'' UN3412, would be added. 26. A new entry, ``Formic acid with not less than 5% but less than 10% acid by mass,'' UN3412, would be added. 27. A new entry, ``Fuel cell cartridges containing flammable liquids,'' UN3473, would be added. 28. The entry ``Hydrazine aqueous solutions, with more than 37% hydrazine, by mass'' UN2030, PG I, would be revised by removing Special provision 151. Special provision 151 specifies that if this material meets the definition of a flammable liquid in Sec. 173.120 of the HMR, a FLAMMABLE LIQUID label is required and the basic description on the shipping paper must indicate the Class 3 subsidiary hazard. Changes to the Fourteenth revised edition of the UN Recommendations removed this requirement. Shipping paper and labeling requirements for materials with subsidiary hazards are addressed in Sec. Sec. 172.202 and 172.402, respectively. 28a. The entry ``Hydrogen in a metal hydride storage system,'' [[Page 51899]] UN3468, would be revised by amending Column (9B) to authorize 100 kg gross. 29. The entry ``Hydrogen peroxide and peroxyacetic acid mixtures, stabilized with acids, water, and not more than 5 percent peroxyacetic acid,'' UN3149, would be revised by adding Special provision IP5. When this material is transported in an IBC, Special provision IP5 specifies the IBC must have a device to allow venting. 30. The entry ``Hydrogen peroxide, aqueous solutions with more than 40 percent but not more than 60 percent hydrogen peroxide (stabilized as necessary),'' UN2014, would be revised by adding Special provision IP5. When this material is transported in an IBC, Special provision IP5 specifies the IBC must have a device to allow venting. 31. The entry ``Hydrogen peroxide, aqueous solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary),'' UN2014, would be revised by adding Special provision IP5. When this material is transported in an IBC, Special provision IP5 specifies the IBC must have a device to allow venting. 32. The entry ``Hydrogen peroxide, aqueous solutions with not less than 8 percent but less than 20 percent hydrogen peroxide (stabilized as necessary),'' UN2984, would be revised by adding Special provision IP5. When this material is transported in an IBC, Special provision IP5 specifies the IBC must have a device to allow venting. 33. The entry ``Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions, stabilized with more than 60 percent hydrogen peroxide,'' UN2015, would be revised by removing Special provision T10 and adding Special provision T9. When this material is transported in a UN portable tank, Special provision T10 requires the UN portable tank pressure relief device to comply with the requirements specified in Sec. 178.275(g)(3) of the HMR. The proposed addition of Special provision T9 would remove this requirement. 34. For the entry ``Hydrogendifluorides, n.o.s.,'' UN1740, PG II and III, the proper shipping name would be revised by to read ``Hydrogendifluorides, solid, n.o.s.'' This revision appears as a ``Remove/Add'' in this rulemaking. 35. A new entry ``Hydrogendifluorides, solution, n.o.s.,'' UN3471, PG II and III, would be added. 36. The entry ``Hydroquinone, solid,'' UN2662, would be removed. 37. The entry ``Hydroquinone solution,'' UN3435, would be removed. 38. The entry ``Hypochlorite solutions,'' UN1791, PG II, would be revised by adding Special provision IP5. When this material is transported in an IBC, Special provision IP5 specifies the IBC must have a device to allow venting. 39. For the entry ``Lead phosphite, dibasic,'' UN2989, PG II, the quantity limitations in Columns (9A) and (9B) would be revised to read 15 kg and 50 kg, respectively. 40. For the entry ``Lead phosphite, dibasic,'' UN2989, PG III, the quantity limitations in Columns (9A) and (9B) would be revised to read 25 kg and 100 kg, respectively. 41. The entry ``Methylphenyldichlorosilane,'' UN2437, PG II, would be revised by removing the reference to Sec. 173.154 ``Exceptions for Class 8 (corrosive materials)'' in Column (8A). 42. The entry ``Motor fuel anti-knock mixtures,'' UN1649, would be corrected by removing the subsidiary hazard label requirement in Column (6). 43. The entry ``Organometallic substance, solid, pyrophoric,'' UN3391, PG I, would be revised by correcting the Column (8B) Non-bulk packaging entry ``181'' to read ``187.'' 44. The entry ``Organometallic substance, solid, pyrophoric, water- reactive,'' UN3393, PG I, would be revised by correcting the Column (8B) Non-bulk packaging entry ``181'' to read ``187.'' 45. A new entry, ``Paint, corrosive, flammable (including paint, lacquer, enamel, stain, shellac, varnish, polish, liquid filler and liquid lacquer base),'' UN3470, PG II, would be added. 46. A new entry ``Paint, flammable, corrosive (including paint, lacquer, enamel, stain, shellac, varnish, polish, liquid filler and liquid lacquer base),'' UN3469, PG I, II, and III, would be added. 47. The entry ``Paint including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler and liquid lacquer base,'' UN1263, would be revised by adding the following Special provisions to the PG I, II, and III entries, respectively: --TP27 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 4 bar (400 kPa) may be used provided the calculated test pressure is 4 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure. --TP28 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 2.65 bar (265 kPa) may be used provided the calculated test pressure is 2.65 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure. --TP29 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 1.5 bar (150.0 kPa) may be used provided the calculated test pressure is 1.5 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure. 48. The entry ``Paint or Paint related materials,'' UN3066, would be revised by adding the following Special provisions to the PG II and III entries, respectively: --TP28 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 2.65 bar (265 kPa) may be used provided the calculated test pressure is 2.65 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure. --TP29 to specify that when this material is transported in an IM or UN Specification portable tank, a portable tank having a minimum test pressure of 1.5 bar (150.0 kPa) may be used provided the calculated test pressure is 1.5 bar or less based on the maximum allowable working pressure of the material, as defined in Sec. 178.275 of the HMR, where the test pressure is 1.5 times the maximum allowable working pressure. 49. A new entry, ``Paint related material, corrosive, flammable (including paint thinning or reducing compound),'' UN3470, PG II, would be added. 50. A new entry
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