# Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air

- **operation:** document
- **citation:** 76 FR 82163
- **title:** Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2011-12-30
- **effective on:** 2012-01-01
- **summary:** This document responds to administrative appeals, provides clarifications, and corrects typographical and other minor errors adopted in an international harmonization final rule published January 19, 2011 (HM-215K; 76 FR 3308). The final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes.
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Federal Register, Volume 76 Issue 251 (Friday, December 30, 2011) [Federal Register Volume 76, Number 251 (Friday, December 30, 2011)] [Rules and Regulations] [Pages 82163-82179] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2011-33358] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 172, 173, 175, and 176 [Docket No. PHMSA-2009-0126 (HM-215K)] RIN 2137-AE76 Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document responds to administrative appeals, provides clarifications, and corrects typographical and other minor errors adopted in an international harmonization final rule published January 19, 2011 (HM-215K; 76 FR 3308). The final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. DATES: Effective Date: January 1, 2012. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning December 30, 2011. ADDRESSES: For access to the docket to read background documents, including those referenced in this document, or to read comments received, go to http://www.regulations.gov at any time and insert ``PHMSA-2009-0126'' in the ``Keyword'' box, and then click ``Search.'' You may also view the docket online by visiting the Docket Management Facility in Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t. Monday through Friday, except Federal holidays. Anyone is able to search the electronic form for all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the U.S. Department of Transportation's (DOT) complete Privacy Act Statement in the Federal Register published on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf . FOR FURTHER INFORMATION CONTACT: Michael Stevens, telephone (202) 366- 8553, or Shane Kelley, telephone (202) 366-0656, Standards and Rulemaking Division, telephone (202) 366-8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background II. Administrative Appeals Filed in Response to the HM-215K Final Rule [[Page 82164]] A. Use of the Square-on-Point With Identification Number Limited Quantity Marking B. Fuel Cell Cartridges 1. Fuel Cell Cartridges Transported as ORM-D by Aircraft 2. Fuel Cell Systems and Cartridges Aboard Passenger-Carrying Aircraft C. General Requirements for Transportation by Aircraft D. Self-Reactive Material as a Limited Quantity III. Clarification of the HM-215K Final Rule A. Use of the Limited Quantity ``Y'' Marking B. General Requirements for Transportation by Aircraft C. Packaging Requirements for Metal Hydride Storage Systems IV. Section-by-Section Review of Changes V. Summary of Changes Related to Limited Quantity Material and ORM-D VI. Regulatory Analyses and Notices A. Statutory/Legal Authority for the 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 K. International Trade Analysis I. Background On January 19, 2011, PHMSA published a final rule under Docket PHMSA-2009-0126 (HM-215K; 76 FR 3308) that revised the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to align with various international standards. The final rule adopted amendments to the HMR regarding hazard communication, hazard classification including packing group assignment, packaging authorization, air transport quantity limitations, and various other international harmonization-related topics. The amendments were necessary to align the HMR with the latest revisions to the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), the International Maritime Organization's Dangerous Goods Code (IMDG Code), Transport Canada's Transportation of Dangerous Goods Regulations (TDG Regulations), and the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations (UN Model Regulations) to facilitate to the seamless transportation of hazardous materials internationally, to, through and from the United States. In this document, PHMSA responds to administrative appeals, provides clarifications, and corrects typographical and other minor errors adopted in the January 19, 2011 final rule. II. Administrative Appeals Filed in Response to the HM-215K Final Rule In response to the January 19, 2011 final rule, administrative appeals were submitted by the following companies and organizations: American Coatings Association (ACA) Association of Hazmat Shippers, Inc. (AHS) Dangerous Goods Advisory Council, Inc. (DGAC) Fuel Cell and Hydrogen Energy Association (FCHEA) Healthcare Distribution Management Association (HDMA) International Air Transport Association (IATA) Patton Boggs, LLP., on behalf of Lilliputian Systems, Inc. (LSI) PPG Industries (PPG) Sporting Arms & Ammunition Manufacturer's Institute (SAAMI) The administrative appeals addressed in this document are discussed in detail below. Because some of the issues raised by appellants require notice and public comment under the Administrative Procedure Act (APA; 5 U.S.C. 553), they are being proposed in a separate notice of proposed rulemaking (NPRM) under this docket number (PHMSA-2009- 0126; RIN 2137-AE83). For example, FCHEA and LSI requested that PHMSA revise Sec. 175.10 to align with the ICAO Technical Instructions and allow spare fuel cell cartridges containing Division 2.1 flammable gas to be carried in checked baggage. We are also aware of recent actions taken by the International Civil Aviation Organization's Dangerous Goods Panel regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport. Such actions could affect the outcome of the administrative appeal submitted by IATA in response to the January 19, 2011 final rule and, therefore, those actions will also be addressed in the separate NPRM. We can, however, in some instances adopt a provision submitted in an administrative appeal that was inadvertently omitted in the final rule 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 first be proposed in an NPRM. A. Use of the Square-on-Point With Identification Number Limited Quantity Marking Currently, under Sec. 172.315 of the HMR and except for transportation by aircraft, a packaging containing a limited quantity material is not required to be marked with the proper shipping name when marked with a square-on-point containing the UN identification (ID) number of the limited quantity material. In the January 19, 2011 final rule, we provided a one-year transition period to authorize continued use of this marking before the revisions to the limited quantity markings become effective. ACA, DGAC, and PPG all state the one-year transition period does not allow sufficient time to deplete stock(s) of packagings pre-printed with the square-on-point mark containing the ID number and requested an extension of three- to five- years. Appellants request that PHMSA provide a transition period similar to the transition period provided for the phase-out of the ORM- D marking, depending on the mode of transportation. Appellants also requested that any transition periods be included in Sec. Sec. 171.14 (transitional provisions) and 172.300 (marking applicability). PHMSA Response We agree. Shippers should be provided the same transition period that authorizes the continued use of the square-on-point mark containing the UN ID number provided for ORM-D markings. In this document, we are granting the appeals submitted by ACA, DGAC, and PPG and revising Sec. 172.315 by extending the transition period, until December 31, 2013 for other than air transportation. For domestic air transportation, we are authorizing use of the square-on-point mark containing the ID number to continue until December 31, 2012 as adopted in the January 19, 2011 final rule. However, we are not revising Sec. Sec. 171.14 and 172.300 to include the transition periods because we believe it is overly duplicative. B. Fuel Cell Cartridges Aboard Passenger-Carrying Aircraft In this document, we respond to two administrative appeals related to the transportation of fuel cell cartridges. The administrative appeals are discussed as follows: 1. Fuel Cell Cartridges Transported as ORM-D by Air In the January 19, 2011 final rule, we revised the limited quantity [[Page 82165]] requirements for fuel cell cartridges to allow transportation as ``Consumer commodity, ORM-D,'' except when transported by aircraft. FCHEA states not allowing the transportation by aircraft of fuel cell cartridges as ORM-D-AIR is inconsistent with the ICAO Technical Instructions and the UN Model Regulations and claims that the difference is ``impractical'' from an international trade and enforcement standpoint. They note there are no safety consequences when comparing the air transportation of fuel cell cartridges shipped as limited quantity material and those shipped as ORM-D-AIR. They also note that fuel cell cartridges are sturdy articles that meet a range of tests and requirements to ensure they do not pose unreasonable risks in transportation. FCHEA requests PHMSA to allow fuel cell cartridges to be transported as ORM-D-AIR by aircraft so that fuel cell technologies are not placed at a disadvantage compared to other technologies authorized to be transported by aircraft. PHMSA response. We deny FCHEA's administrative appeal that would authorize fuel cell cartridges to be offered and transported as ``Consumer commodity, ORM-D-AIR,'' by aircraft. When packages of articles or substances are renamed ``Consumer commodity'' and are reclassed as ``ORM-D-AIR,'' the identity and risk posed by the substance or article is no longer communicated. This is one of the primary reasons the ORM-D-AIR hazard class is being phased-out by the end of 2012. We believe the authorization to offer fuel cell cartridges as limited quantities by passenger-carrying and cargo-only aircraft satisfies the need for the expedient transportation of such articles, while communicating their risk, and imposing minimal regulatory burden. 2. Fuel Cell Systems and Cartridges Aboard Passenger-Carrying Aircraft FCHEA's administrative appeal indicated that in addition to the differences in fuel cell cartridge chemistries authorized in checked baggage, there are a number of inconsistencies and editorial issues when comparing Sec. 175.10 and the ICAO Technical Instructions regarding fuel cell systems and cartridges used to power portable electronic devices authorized to be carried aboard passenger-carrying aircraft. They note that over the last several years, revisions to the ICAO Technical Instructions have made the regulatory language clearer. FCHEA requests that PHMSA make similar revisions to avoid any potential confusion between requirements under the HMR and the ICAO Technical Instructions. PHMSA response. We agree. Thus, we are granting FCHEA's administrative appeal to editorially revise Sec. 175.10(a)(19) to be consistent with language in 8; 1.1.2 (t) of the ICAO Technical Instructions. This clarification does not, however, revise current HMR provisions regarding such articles and is entirely editorial in nature. C. General Requirements for Transportation by Aircraft As adopted in the January 19, 2011 final rule, the general air packaging requirements for combination packagings prohibit Class 1 (explosive) and Class 7 (radioactive) material to be offered for transportation as limited quantity material by aircraft. See 76 FR 3369. In their administrative appeal, DGAC and SAAMI state this is inconsistent with other provisions in the HMR that allow the transportation of these materials by aircraft, specifically, Sec. Sec. 173.421 through 173.425 for limited quantity radioactive material, instruments, and articles and Sec. 173.63(b) for certain Division 1.4S explosive articles. DGAC and SAAMI request that PHMSA revise the list of prohibited hazardous material and articles and Table 3 in Sec. 173.27(f) to clarify that Class 1 (explosive) material conforming to Sec. 173.63(b) and Class 7 (radioactive) material conforming to Sec. Sec. 173.421 through 173.425, as applicable, are authorized for transportation by aircraft. Additionally, DGAC requests UN3334 (``Aviation regulated liquid, n.o.s.'') and UN3335 (``Aviation regulated solid, n.o.s.'') be added to the list of Class 9 (miscellaneous hazard) material as the substances are currently authorized as limited quantity material under the Sec. 173.155 exceptions for Class 9 material and for consistency with the ICAO Technical Instructions. PHMSA response. We agree. DGAC and SAAMI are correct, and we are therefore granting their administrative appeals by revising Sec. 173.27(f) to reflect current regulations that authorize the shipment of these substances and articles by aircraft. We want to point out that although certain Class 1 and Class 7 materials are indicated as eligible for air transport in Sec. 173.27(f), such indication is provided for informational purposes to aid readers in indentifying the appropriate packaging and other regulatory provisions for such materials. For example, packages of such materials are not marked with the limited quantity ``Y'' mark prescribed in Sec. 172.315 but rather as prescribed in Sec. Sec. 173.63 and 173.421 through 173.425, as appropriate. D. Self-Reactive Material as a Limited Quantity In the UN Model Regulations, certain Division 4.1 self-reactive materials are authorized limited quantity exceptions. Currently, the HMR do not authorize such exceptions. AHS appealed to PHMSA to include a limited quantity exception for the material ``Self-reactive solid, Type F, UN3230.'' AHS notes that they filed a petition for rulemaking in 2009 (P-1542), to which PHMSA replied by stating that the petition merited rulemaking action and that it would be addressed in the January 19, 2011 final rule. PHMSA response. We recognize the merits of AHS's appeal and petition for rulemaking, but are denying AHS's administrative appeal because it is beyond the scope of this rulemaking. To accommodate the federally mandated requirement for notice and comment during a significant rulemaking action, the petition must be presented under a notice of proposed rulemaking to allow for comment by all interested parties. We regret the unintentional omission of a proposal in the NPRM for a limited quantity exception for ``Self-reactive solid, Type F, UN3230'' and for adoption under the January 19, 2011 final rule. We fully intend to include a proposal for this material as a broader effort to revise the packaging requirements for all eligible self-reactive materials in a near-term rulemaking action. III. Clarification of the HM-215K Final Rule A. Use of the Limited Quantity ``Y'' Marking In the January 19, 2011 final rule, we adopted new limited quantity markings consistent with the ICAO Technical Instructions, IMDG Code, and the UN Model Regulations to include a limited quantity ``Y'' marking for display on packagings prepared for air transportation. In their administrative appeals, ACA and DGAC ask for a clearer indication of when this new marking may be used in modes of transportation by other than aircraft. They note PHMSA's consideration in the January 19 final rule of a comment stating that the limited quantity ``Y'' marking should be authorized for use in all modes of transportation if displayed on a packaging that meets all conditions and requirements for air transportation. See 76 FR 3313. Additionally, on the [[Page 82166]] basis of their opposition to adoption of the air transport requirements for limited quantities consistent with the ICAO Technical Instructions, DGAC recommends that: The ``Y'' package mark [proposed] in Sec. 172.315 not be required * * * [and] recommend that [PHMSA] allow permissive use of the ``Y'' mark for all modes of transport when the package meets the relevant requirements of the ICAO TI. We agreed with the DGAC recommendation that a ``Y'' marked package in full conformance with the air transport provisions prescribed for a limited quantity package should be authorized in all modes of transportation and also stated we would revise Sec. 171.22 accordingly. Although we indicated our intent to revise Sec. 171.22, which prescribes the authorization and conditions for use of international standards, we inadvertently failed to amend the corresponding regulatory text of the section. In its administrative appeal, ACA also requests that PHMSA amend this section to indicate the limited quantity ``Y'' marking is authorized for use in all modes of transportation. Further, DGAC suggests that we revise Sec. 172.315 to include language authorizing the use of this marking by modes other than air. PHMSA response. We agree. Our indication in the final rule to revise Sec. 171.22 was in error as that section prescribes the authorization to use the various international standards. Regardless, we clearly indicated in the preamble of the final rule that the display of a ``Y'' marking on limited quantity package that is not intended for transportation by aircraft is authorized. Thus, because a limited quantity package prepared for air transportation by default is authorized by all modes of transportation, the administrative appeals requesting that PHMSA align with the international standards are hereby granted. See the Section-by-Section review of changes for a full discussion of the Sec. 172.315 revisions and requirements. B. General Requirements for Transportation by Aircraft In the January 19, 2011 final rule, we revised the Sec. 173.27 general requirements for transportation of packagings by aircraft. Specifically, we revised paragraph (f) by including a new Table 3 that prescribes the requirements for authorized limited quantity material intended for air transportation consistent with the 2011-2012 ICAO Technical Instructions, where appropriate. AHS notes that PHMSA included ``Consumer commodity, ID8000'' as authorized Class 9 material but failed to revise paragraph (f)(2)(i)(G) for Class 9 material not authorized as limited quantity material by aircraft. As indicated by AHS, ``Consumer commodity, ID8000'' may be shipped as limited quantity material by aircraft, thus ``ID8000'' should be added to the list of materials excepted from the Class 9 prohibition in paragraph (f)(2)(i)(G). PHMSA response. We agree. In this final rule, we are revising Sec. 173.27(f)(2)(i)(G) to include ``ID8000'' as a material excepted from the Class 9 prohibition. In addition, for clarification, we are revising Table 3 to indicate that the note associated with Class 9 liquid material applies to both liquid and solid material. C. Packaging Provisions for Metal Hydride Storage Systems In the January 19, 2011 final rule, we added a new section, Sec. 173.311, for packaging requirements for ``Metal hydride storage systems, UN3468'' used for the transport of hydrogen. Prior to the January 19, 2011 final rule, the HMR did not prescribe methods for the construction, qualification, marking, and requalification of these systems although we issued a number of special permits and competent authority approvals (CAA) to allow the manufacture and use of similar systems for the transport of hydrogen. In a January 24, 2011 request for clarification, Ovonic Hydrogen Systems, LLC (OHS) expresses concern that the new Sec. 173.311 requires transportable metal hydride storage systems to meet ISO Standard 16111:2008 (ISO 16111) which does not recognize the storage canisters manufactured by OHS under its currently-held CAA. Specifically, OHS manufactures storage canisters based on refillable aluminum cylinders designed, constructed, and tested to DOT 3AL specifications. Instead, ISO 16111 requires the use of aluminum cylinders constructed and tested to ISO 7866 specifications. Testing and marking requirements under ISO 7866 differ from testing and marking requirements for DOT 3AL specifications and OHS states its storage canisters are non-compliant as a result. PHMSA response. We disagree with OHS's assertion. The adoption of packaging requirements for metal hydride storage systems in Sec. 173.311 does not invalidate any active special permits or CAAs authorizing the transportation of hydrogen in ``metal hydride storage canisters.'' When a special permit or CAA expires and is not renewed, systems must conform with the Sec. 173.311 requirements for metal hydride storage systems to include the requirements of ISO 16111. Special permits issued by the Associate Administrator authorize the transportation of hazardous material and packaging within the United States only. International regulatory agencies may not recognize a special permit granted by PHMSA. However, metal hydride storage canisters designed, constructed, and otherwise conforming to requirements authorized under a CAA issued by PHMSA should be honored by other competent authorities worldwide as a valid alternative to ISO 16111. IV. Section-by-Section Review of Changes Part 172 Section 172.101 This section provides a hazardous materials table that identifies listed materials as hazardous material for purposes of transportation. For the table entry ``Calcium hypochlorite, hydrated or Calcium hypochlorite, hydrated mixtures, with not less than 5.5 percent but not more than 16 percent water, UN2880,'' the PG III information was inadvertently removed. Under a final rule published December 29, 2006 (HM-215I, 71 FR 78596), we revised the PG II information to remove Special provision 166. However, the instruction to revise this entry did not include the PG III information and, therefore, it was inadvertently removed from the 49 CFR. In this document, we are revising the entry to add the PG III information to the entry to reflect the correct descriptions for this entry. This correction reads as a ``remove/add.'' For the table entry ``Tellurium compound, n.o.s., UN3284,'' effective October 1, 2010, we inadvertently added the term ``solid'' to the proper shipping name to read ``Tellurium compound, solid, n.o.s.'' in the January 19, 2011 final rule. In this document, we are revising the proper shipping name to remove the term ``solid.'' This correction reads as a ``remove/add.'' Section 172.315 This section prescribes the requirements for marking packages containing limited quantity material. Based on administrative appeals submitted in response to the January 19, 2011 final rule (HM-215K; 76 FR 3308), and numerous requests for clarification of the limited quantity marking requirements, we are revising Sec. 172.315 to authorize continued use of the limited quantity marking (i.e., square- [[Page 82167]] on-point and Identification Number) prescribed in Sec. 172.315, in effect on October 1, 2010, for the same duration offered for continued use of the ORM-D-AIR and ORM-D markings, December 31, 2012 and December 31, 2013, respectively. For transportation by aircraft, the hazard class label (when applicable) and proper shipping name marking are still required. Additionally, we are revising Sec. 172.315 to allow marking of a limited quantity package not intended for transportation by air with the limited quantity ``Y'' marking if the packaging is prepared in accordance with Sec. 173.27(f) indicating it is suitable for transportation as a limited quantity package by aircraft. A ``Y'' marked package transported by a mode other than air indicates the package would be suitable for air transport if marked, labeled and accompanied by a shipping paper and is otherwise packaged in accordance with 3; 4 of the ICAO Technical Instructions as limited by subpart C of Part 171 and Part 175 of the HMR or Sec. 173.27(f) and Part 175 of the HMR. In the January 19 final rule, we erroneously adopted limited quantity marking requirements applicable to cargo transport units (CTU) containing packages of hazardous materials in only limited quantities. We erred by stating the marking must be applied to only one side and one end of the CTU when we should have required the marking on all four exterior sides of the CTU consistent with 3.4.5.5 of the IMDG Code. In this document, we are correcting that error in Sec. 172.315. Finally, we are reorganizing the format of the language used in this section solely for editorial clarification. Section 173.27 This section prescribes general requirements for the transportation of hazardous material by aircraft. Based on appeals and requests for clarification, in this document we are revising Sec. 173.27(f). Specifically, we are revising paragraph (f)(2) and Table 3 in paragraph (f) by adding materials currently authorized elsewhere in the HMR and to provide additional clarification regarding those hazardous materials and articles eligible for transport by aircraft under the conditions prescribed in this paragraph. The authorized hazardous materials and articles added and referenced are as follows: (1) Class 1 (explosive) articles in accordance with Sec. 173.63(b); (2) Class 7 (radioactive) material in accordance with applicable Sec. Sec. 173.421 through 173.425; and (3) ``Aviation regulated liquid, n.o.s., UN3334,'' ``Aviation regulated solid, n.o.s., UN3335,'' and ``Consumer commodity, ID8000.'' As stated earlier in this preamble, although certain Class 1 and Class 7 materials are indicated as eligible for air transport in Sec. 173.27(f), because they do not meet guiding principles established for limited quantities such indication is provided for informational purposes to aid readers in identifying the appropriate packaging and other provisions for such materials. For example, packages of Class 7 are not marked with the limited quantity ``Y'' mark prescribed in Sec. 172.315 but rather as prescribed in 173.421 through 173.425, as appropriate. Section 173.124 Section 173.124 defines a Class 4 material. For consistency with a revision adopted in the UN Model Regulations, PHMSA amended the definition of ``self-heating'' in Sec. 173.124(b)(2) of the HMR in the January 19 final rule. In this document, PHMSA is correcting the typographical error in the heading of the definition. Section 173.151 Section 173.151 prescribes exceptions for a Class 4 material. Paragraph (d) prescribes exceptions for Division 4.3 solid material of Packing Groups II and III. The HMR do not authorize limited quantity packages of such substances to be reclassified as ORM-D or to be renamed ``Consumer commodity.'' In the January 19, 2011 final rule, PHMSA inadvertently revised the third sentence of paragraph (d) to extend the additional exceptions for limited quantities and ORM in Sec. 173.156 to Division 4.3 substances, when no such authorization prior to this rulemaking existed nor was it considered in this rulemaking due to the obvious risk to transportation safety. Therefore, in this final rule, PHMSA is removing the reference to Sec. 173.156 in the third sentence of Sec. 173.151(d). Section 173.156 Section 173.156 provides additional exceptions for limited quantity and ORM packages. In the January 19, 2011 final rule, PHMSA unintentionally amended paragraph (b)(1) by requiring the marking of such packages in accordance with subpart D of part 172. In this final rule, PHMSA is amending Sec. 173.156(b)(1) by removing the requirement to mark such packages. Because paragraph (b)(2) authorizes the common carriage of such packages, the marking requirements that existed prior to the January 19, 2011 final rule will remain as adopted. Section 173.306 Section 173.306 prescribes requirements for limited quantity of compressed gases. In this document, we are revising certain paragraphs for clarification of requirements adopted in the final rule and to correct minor grammatical errors. Section 173.311 This section specifies packaging instructions for hydrogen in metal hydride storage systems. The January 19, 2011 final rule incorrectly refers to ISO standards in Sec. 178.71(f) that apply to the design and construction of UN refillable welded cylinders rather than Sec. 178.71(m) for the design and construction of UN metal hydride storage systems. In this final rule, we are revising the section to correctly refer to Sec. 178.71(m). Part 175 Section 175.10 Section 175.10 prescribes the conditions under which a passenger, crew member, or an operator may carry hazardous materials aboard a passenger-carrying aircraft. In response to FCHEA's administrative appeal, in this final rule we are editorially revising the language in Sec. 175.10(a)(19) for the carriage of fuel cell systems and fuel cell cartridges for consistency with the ICAO Technical Instructions. These revisions do not amend the fuel cell cartridge chemistries authorized in checked baggage as adopted in the January 19 final rule. Section 175.75 Section 175.75 prescribes quantity limitations and cargo location requirements for hazardous materials transported by aircraft. In this document, we are revising for clarification the definition of ``Inaccessible'' in paragraph (d)(2) to mean any package that is loaded where a crew member or other authorized person cannot access, handle and, when size and weight permit, separate such packages from other cargo during flight, including a freight container in an accessible cargo compartment when packages are loaded in an inaccessible manner. This definition is consistent with the defined term ``Accessible'' and is revised for clarification only. Additionally, PHMSA is revising the heading in the third column of the paragraph (f) Quantity and Loading Table for clarity by adding the words ``per cargo compartment.'' Since issuing the January 19 final rule, we have fielded numerous inquiries regarding whether the limitation was now ``per [[Page 82168]] aircraft'' as opposed to ``per compartment.'' Additionally, we are correcting the error in Note a. of the table as published in the January 19 final rule. Notwithstanding the correction made to Note a. of the Sec. 175.75(f) table, we want to emphasize the revisions made in this document to Sec. 175.75 are for editorial clarification only. Part 176 Section 176.905 This section specifies requirements for vessel transport of motor vehicles and equipment. In this final rule, we are revising paragraph (j) to refer to the correct section paragraph regarding items of equipment containing hazardous materials, specifically, Sec. 173.220(f), that are integral components of a motor vehicle, engine or mechanical equipment. V. Summary of Changes Regarding Limited Quantity Material and ORM-D In an effort to clarify the amendments to the HMR associated with the transition from the domestic ORM-D system for transportation of limited quantity material to the international system, we offer the following: Applicability of the ORM-D System --Until December 31, 2013, shippers may continue to rename a limited quantity hazardous material as a ``Consumer commodity, ORM-D'' (see Sec. 171.8), as authorized in the appropriate packaging exception for the material. Beginning January 1, 2014, limited quantity hazardous material will no longer be authorized the ``Consumer commodity'' proper shipping name except those eligible and prepared for shipment by aircraft in accordance with Sec. 173.167 and using the newly adopted identification number ``ID8000.'' Such packages are eligible for transportation by all modes but must be marked with the limited quantity ``Y'' mark prescribed in Sec. 172.315(b) indicating the package is suitable for air transportation. --Until December 31, 2013, shippers may continue to reclass limited quantity hazardous material as ``Other Regulated Material'' otherwise known as ORM-D. Limited quantity material reclassed as ORM-D and transported by modes other than air may continue to be prepared and packaged in accordance with the appropriate packaging exceptions for the hazardous material (e.g., Sec. 173.150 for a Class 3 flammable liquid substance), and be transported in a package displaying the ORM-D marking. Until December 31, 2012, shippers may continue to ship ORM-D- AIR by aircraft. Until such time, ORM-D offered for shipment by aircraft may continue to be prepared and packaged in accordance with the requirements of Sec. 173.27 in effect October 1, 2010, and transported in packages displaying the ORM-D-AIR marking. --Until December 31, 2013, shippers may continue to display the limited quantity marking (i.e., the square-on-point and identification number) on a package containing limited quantity material in accordance with Sec. 172.315 in effect October 1, 2010. Use of the New Limited Quantity Markings --Beginning January 1, 2014, for modes of transportation other than air, shippers of limited quantity material must display the limited quantity marking adopted in Sec. 172.315 under the January 19, 2011 final rule (i.e., the square-on-point with top and bottom portion black and the center white). See illustration below. --Beginning January 1, 2013, for transportation by air, shippers of limited quantity material must display the limited quantity ``Y'' marking adopted in Sec. 172.315 under the January 19, 2011 final rule. See illustration below. Clarification of Limited Quantity Marking Requirements --A limited quantity package should not display both an ORM-D or ORM-D- AIR marking and one of the new limited quantity markings, as this may only serve to frustrate a shipment while in transportation. Such dual markings are only authorized during the transition period. Once the transition period expires (December 31, 2012 or December 31, 2013), the ORM-D or ORM-D-AIR marking must be covered, obliterated, or otherwise obstructed from view. [GRAPHIC] [TIFF OMITTED] TR30DE11.003 [[Page 82169]] Table of Potential Limited Quantity Packaging Scenarios -------------------------------------------------------------------------------------------------------------------------------------------------------- Authorized? If Mandatory? If Shipping papers PSN and ID number Packaging scenario authorized, when? mandatory, when? Label(s) required? required? marking required? Notes -------------------------------------------------------------------------------------------------------------------------------------------------------- ORM-D Packaging -------------------------------------------------------------------------------------------------------------------------------------------------------- Packaging marked ORM-D Yes, until No................ No................ No. Unless a No................ A shipper may transported by modes other than December 31, hazardous waste, voluntarily mark air. 2013. hazardous instead with the substance or new limited marine pollutant. quantity markings illustrated above. See also ``Limited Quantity Packaging'' below. Packaging marked ORM-D No. .................. transported by air. Packaging marked ORM-D-AIR Yes, until, No................ No................ No. Unless a No................ A shipper may transported by modes other than December 31, hazardous waste, voluntarily mark air. 2012. hazardous instead with the substance or new limited marine pollutant. quantity markings illustrated above. See Limited Quantity Packaging below. A shipper marking a package with ORM-D-Air must ensure the packaging meets the requirements of Sec. 173.27 effective October 1, 2010 even if the package is not transported by air. Packaging marked ORM-D-AIR Yes, until, No................ No................ Yes............... Yes. .................. transported by air. December 31, 2012. Packaging marked ORM-D/ORM-D-AIR For ORM-D: Yes.... .................. .................. .................. .................. The limited also marked with one of the new For ORM-D-AIR: No. quantity ``Y'' limited quantity markings. mark indicates the package conforms to Sec. 173.27(f) effective January 1, 2012. Although it may not be specifically prohibited, we recommend that packages not display both types of surface limited quantity markings to avoid confusion and frustration of shipment during the course of transportation. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 82170]] Limited Quantity Packaging -------------------------------------------------------------------------------------------------------------------------------------------------------- Packaging marked with a square- Yes, until, No................ No................ No................ See note.......... Proper shipping on-point containing the ID December 31, name not required transported by modes 2013. to be marked when other than air. packaging is marked with a square-on-point containing the UN ID . Packaging marked with a square- Yes, until, No................ Yes............... Yes............... Yes............... Proper shipping on-point containing the UN ID December 31, name is required transported by air. 2012. to be marked when packaging is marked with a square-on-point containing the UN ID . Packaging marked with a surface Yes............... Yes, beginning No................ No. Unless a No. Unless a Voluntary LQ marking transported by modes January 1, 2014. hazardous waste, hazardous waste compliance other than air. hazardous or hazardous authorized as of substance or substance. January 1, 2011. marine pollutant. Identification number not required. Packaging marked with a standard No. .................. LQ marking transported by air. Packaging marked with an LQ Yes............... No................ No................ No. Unless a No. Unless a A shipper marking ``Y'' marking transported by hazardous waste, hazardous waste a package with an modes other than air. hazardous or a hazardous LQ ``Y'' marking substance or substance. must ensure the marine pollutant. packaging meets the requirements of Sec. 173.27(f) effective January 1, 2011 even if the package is not transported by air. Identification number not required. Packaging marked with an LQ Yes............... Yes, beginning Yes............... Yes............... Yes............... Voluntary ``Y'' marking transported by January 1, 2013. compliance air. authorized as of January 1, 2011. Packaging marked with
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