{"operation":"document","citation":"71 FR 78596","title":"Hazardous Materials: Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Oganization's Technical Instructions","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-12-29","effective_on":"2007-01-01","summary":"This final rule revises 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 will harmonize the Hazardous Materials Regulations with certain 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.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-06-9849.json","markdown":"https://regulus.evalyn.ai/document/federal-register-06-9849.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-06-9849","source_url":"https://www.federalregister.gov/documents/2006/12/29/06-9849/hazardous-materials-harmonization-with-the-united-nations-recommendations-international-maritime","body":"Federal Register, Volume 71 Issue 250 (Friday, December 29, 2006) [Federal Register Volume 71, Number 250 (Friday, December 29, 2006)] [Rules and Regulations] [Pages 78596-78635] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 06-9849] [[Page 78595]] ----------------------------------------------------------------------- Part IV 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; Final Rule Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations [[Page 78596]] ----------------------------------------------------------------------- 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 Oganization's Technical Instructions AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule revises 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 will harmonize the Hazardous Materials Regulations with certain 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: Effective date: January 1, 2007. Voluntary Compliance Date: PHMSA is authorizing voluntary compliance beginning January 1, 2007. Delayed Compliance Date: Unless otherwise specified, mandatory compliance with the amendments adopted in this final rule is required beginning January 1, 2008. Incorporation by Reference Date: The incorporation by reference of the publications adopted in Sec. 171.7 of this final rule has been approved by the Director of the Federal Register as of January 1, 2007. 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. Overview A. Amendments Adopted in this Final Rule B. International Standards Not Being Adopted in this Final Rule III. Section-By-Section IV. 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 By notice of proposed rulemaking (NPRM) published August 31, 2006, the Pipeline and Hazardous Materials Safety Administration (PHMSA, we) published proposed revisions to the hazard communication, classification, and packaging requirements of the Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, to align with updates and revisions to the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), the International Maritime Dangerous Goods (IMDG) Code and the International Civil Aviation Organization (ICAO) Technical Instructions for the Transport of Dangerous Goods by Air. The UN Recommendations are amended and updated biennially by the UN Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labeling of Chemicals and serve as the basis for national, regional, and international modal regulations, including the IMDG Code, and the 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 facilitates international trade by minimizing the costs and other burdens of complying with multiple or inconsistent safety requirements for transportation of hazardous materials to and from the United States. By facilitating compliance, harmonization also tends to enhance safety for international movements, but only if the international standards themselves provide an appropriate level of safety. To that end, PHMSA actively participates in the development of international standards for the transportation of hazardous materials, frequently advocating the adoption in international standards of particular HMR requirements. When considering the adoption of international standards under the HMR, 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. To maintain alignment of the HMR with international requirements, in this final rule, we are incorporating changes into the HMR based on the Fourteenth revised edition of the UN Recommendations and UN Manual of Tests and Criteria, 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. The comment period for the proposed rule closed on October 16, 2006. PHMSA received 28 comments in response to the proposed rulemaking. The following individuals, companies and organizations submitted comments: (1) Georgia Department of Public Safety (GPS; PHMSA-06-25476-4); (2) North American Transportation Consultants (NATC; PHMSA-06-25476-7); (3) Lawrence Laude (Laude; PHMSA-06-25476-8); (4) United Parcel Service (UPS; PHMSA-06-25476-9); (5) Christopher L. Botteri (Botteri; PHMSA-06-25476-10); (6) Dennis Eisenhofer (Eisenhofer; PHMSA-06-25476-11); (7) HMT Associates (HMT; PHMSA-06-25476-12); (8) Phillip Adamo (Adamo; PHMSA-06-25476-13); (9) Institute of Makers of Explosives (IME; PHMSA-06-25476-14); (10) J & S Warehouse (J&S; PHMSA-06-25476-17); (11) Rising Star Transportation (RST; PHMSA-06-25476-18); (12) National Tank Truck Carriers (NTTC; PHMSA-06-25476-19); (13) Air Products and Chemicals (AP&C; PHMSA-06-25476-20); (14) All Chemical Transport and Leasing (AllChem; PHMSA-06-25476-21); [[Page 78597]] (15) International Sanitary Supply Association (ISSA; PHMSA-06-25476- 22); (16) American Trucking Association (ATA; PHMSA-06-25476-23); (17) The Chlorine Institute (CI; PHMSA-06-25476-24); (18) International Vessel Operators Hazardous Materials Association, Inc. (VOHMA; PHMSA-06-25476-25); (19) Arkema (Arkema; PHMSA-06-25476-26); (20) Unidentified commenter (UC1; PHMSA-06-25476-28); (21) Laboratory Corporation of America Holdings (LabCorp; PHMSA-06- 25476-29); (22) Unidentified commenter (UC2; PHMSA-06-25476-30); (23) National Association of Chemical Distributors (NACD; PHMSA-06- 25476-31); (24) National Paint & Coating Association (NPCA; PHMSA-06-25476-33); (25) Dangerous Goods Advisory Council (DGAC; PHMSA-06-25476-34); (26) Degussa Corporation (Degussa; PHMSA-06-25476-35); (27) Federal Express (FedEx; PHMSA-06-25476-36): and (28) Association of HazMat Shippers, Inc. (AHS; PHMSA-06-25476-37). Commenters were supportive of PHMSA's efforts to harmonize the HMR with international standards. Many of the proposals in the NPRM are fully supported by commenters, while others received little or no comment; these amendments are adopted as proposed. Several comments were beyond the scope of this rulemaking and are not addressed in this final rule. In the NPRM, we requested comments on whether certain amendments should be tied to a sunset provision. We received six comments (GPS, IME, NTTC, AP&C, ATA, and NPCA) opposing the idea of a sunset provision. We agree with the commenters that for an international harmonization rulemaking, sunsetting some or all of the regulatory provisions is not appropriate. Therefore, we are not adopting a sunset provision for the amendments in this final rule. Other comments are discussed in the Section-by-Section Review. II. Overview A. Amendments Adopted in This Final Rule In this final rule, we are adopting 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). Requirement to indicate the net quantity of hazardous material per package on the shipping paper if transportation is by aircraft. 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 assignments 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. B. International Standards Not Being Adopted in This Final Rule This final rule makes 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 adopting 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). 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 significant amendments to the international regulations that we are not adopting in this final rule with a brief explanation of why the amendment was not included: Environmentally hazardous substances. The UN Recommendations include new defining criteria for environmentally hazardous substances. The UN criteria have not yet been adopted by ICAO and IMO. We will consider these changes 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. On September 21, 2006, PHMSA published an advance notice of proposed rulemaking (71 FR 55156) to consider revisions to the list of hazardous materials that triggers security plan requirements under the HMR. We will consider whether the HMR list should be harmonized with the UN Recommendations list as part of this initiative. Requirements for radioactive materials. We are not adopting 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 adopting 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 adopting 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 adopting the packaging provisions for the transport of ``Hydrogen in a metal hydride storage system,'' (UN3468), as adopted by ICAO. Currently, the HMR allow [[Page 78598]] transportation of these storage systems by motor vehicle and rail under the terms of a special permit and by motor vehicle, rail, cargo vessel and cargo aircraft with approval of the Associate Administrator. These issues will be considered in a separate rulemaking proceeding. Marking of Limited Quantity shipments. The ICAO Technical Instructions include a marking requirement for packages containing a limited quantity of hazardous material. The mark 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. III. Section-by-Section Review Part 171 Section 171.7 Section 171.7 lists the standards incorporated by reference into the HMR. We are updating 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. We did not receive comments opposing these incorporations by reference; therefore the standards are updated as follows: The ICAO Technical Instructions, 2007-2008 Edition. The IMDG Code, Amendment 33-06. 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. Comments pertaining to transition periods are discussed below. Paragraph (b) lists transitional provisions related to revised placarding requirements. In this final rule, we are removing paragraph (b) because the transition period has expired. Paragraph (d) of this section specifies transitional provisions for previously adopted amendments intended to harmonize the HMR with international standards. We are revising this paragraph to provide specific transitional provisions for certain amendments in this final rule. The effective date of this final rule is January 1, 2007, and the mandatory compliance date is January 1, 2008. We are permitting voluntary compliance as of January 1, 2007, to correspond with the effective implementation dates of the 2007-2008 ICAO Technical Instructions and Amendment 33-06 of the IMDG Code. This authorization allows 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 transitional provision. In this final rule, we are replacing the outdated transitional provision with a new paragraph (e) that permits use for domestic shipments of the shipping description sequences in effect on December 31, 2006, until January 1, 2013. 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 are revising 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, 2014 for transportation by highway and until January 1, 2011 for transportation by rail, vessel or aircraft. See the Sec. Sec. 172.407, 172.427 and 172.552 preamble discussions for a complete explanation of this issue. In new paragraph (g), we are allowing 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 containing the hazard class or division for each specific material listed in the HMT. Paragraph (d)(4) addresses entries classed as combustible liquids. In the NPRM, we proposed 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 adoption of the GHS within the UN Recommendations. We did not receive comments opposing this proposal; therefore, it is adopted in this final rule. The Sec. 172.101 Hazardous Materials Table (HMT) In this final rule, we are making various amendments to the Sec. 172.101 Hazardous Materials Table (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 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.'' We did not receive comments opposing the changes to the HMT proposed in the NPRM. Therefore, in this final rule we are adopting the following amendments to the HMT for the purpose of harmonizing with international standards: 1. We are correcting 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. 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. [[Page 78599]] 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 revising 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 solution, 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 UN3073 Vinylpyridines, stabilized 3. The entry ``Aerosols, non-flammable, (each not exceeding 1 L capacity),'' UN1950, is revised by adding vessel storage location code ``A'' in Column (10A). This code was inadvertently removed in a final rule published September 23, 2005 under Docket HM-189Y (70 FR 56084). 4. The entry ``Antimony trichloride, solid,'' UN1733, PG II, is 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, is 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, is 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, is revised by removing the reference to Sec. 173.153 ``Exceptions for Division 6.1 (poisonous materials)'' in Column (8A). 7a. The entry ``Calcium hypochlorite, hydrated or Calcium hypochlorite, hydrated mixtures,'' UN2880, PG II, is revised by removing Special Provision 166. 8. In accordance with changes in the Fourteenth revised edition of the UN Recommendations, we are removing the following entries: --``Carbon dioxide and nitrous oxide mixtures,'' UN1015; --``Carbon dioxide and oxygen mixtures, compressed,'' UN1014; and --``Carbon monoxide and hydrogen mixture, compressed,'' UN2600. 9. The entry, ``Charges, shaped, flexible, linear,'' UN0288, is 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, is 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, is 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, is 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, is 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) is revised by adding the Division 6.1 subsidiary hazard labeling requirement. 15. The entry ``Compressed gas, n.o.s.,'' UN1956, is 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, is revised by removing Special Provision 101, which requires the name of the particular substance or article to be specified. In addition, the letter ``G'' is 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, is revised by removing Special Provision 101, which requires the name of the particular substance or article to be specified. In addition, the letter ``G'' is 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, is 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,'' [[Page 78600]] UN1143, is revised to read ``Crotonaldehyde or Crotonaldehyde, stabilized'' and to add 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, is corrected to read ``Crotonic acid, liquid'' and the Identification Number is 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, is 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,'' UN3363, is revised by adding quantity limits for transportation by aircraft. The quantity limits are specified in new Special Provision A105. 23. The entry ``Ethyltrichlorosilane,'' UN1196, PG II, is 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, is revised to read ``Formic acid with more than 85% acid by mass,'' and the Class 3 subsidiary hazard is 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, is added. 26. A new entry, ``Formic acid with not less than 5% but less than 10% acid by mass,'' UN3412, is added. 27. A new entry, ``Fuel cell cartridges containing flammable liquids,'' UN3473, is added. 28. The entry ``Hydrazine aqueous solutions, with more than 37% hydrazine, by mass,'' UN2030, PG I, is 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,'' UN3468, is 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, is 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, is 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, is 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, is 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, is 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 addition of Special Provision T9 removes this requirement. 34. For the entry ``Hydrogen-difluorides, n.o.s.,'' UN1740, PG II and III, the proper shipping name is revised 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, is added. 36. The entry ``Hydroquinone, solid,'' UN2662, is removed. 37. The entry ``Hydroquinone solution,'' UN3435, is removed. 38. The entry ``Hypochlorite solutions,'' UN1791, PG II, is 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) are 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) are revised to read 25 kg and 100 kg, respectively. 41. The entry ``Methylphenyl dichlorosilane,'' UN2437, PG II, is 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, is corrected by removing the subsidiary hazard label requirement in Column (6). 42a. A new entry ``Nitric acid other than red fuming, with not more than 20 percent nitric acid,'' UN2031, PG II, is added. 42b. The entry ``Organoarsenic compound, liquid, n.o.s.,'' UN3280, PG I, II, and III, is corrected by inserting the symbol ``G'' in Column (1). 43. The entry ``Organometallic substance, solid, pyrophoric,'' UN3391, PG I, is 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, is 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, is 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, is added. 47. The entry ``Paint including paint, lacquer, enamel, stain, shellac solutions, varnish, polish, liquid filler and liquid lacquer base,'' UN1263, is 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. [[Page 78601]] --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, is 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, is added. 50. A new entry, ``Paint related material, flammable, corrosive (including paint thinning or reducing compound),'' UN3469, PG I, II, and III is added. 51. The entry ``Paint related material including paint thinning, drying, removing, or reducing compound,'' UN1263, is 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. 52. The entry ``Plastic molding compound in dough, sheet or extruded rope form evolving flammable vapor, UN3314, PG III, is revised by removing Vessel stowage location A and adding location E in Column (10A), and by removing Vessel stowage provision 85 and adding Vessel stowage provisions 19, 21, 25 and new Vessel stowage provision 144 in Column (10B). 53. The entry ``Polymeric beads, expandable, evolving flammable vapor, UN2211, PG III, is revised by removing stowage location A and adding location E in Column (10A), and by removing Vessel stowage provision 85 and adding","truncated":true,"body_characters":133288}