{"operation":"document","citation":"81 FR 87510","title":"Hazardous Materials: Notification of the Pilot-in-Command and Response to Air Related Petitions for Rulemaking (RRR)","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2016-12-05","effective_on":null,"summary":"In consultation with the Federal Aviation Administration (FAA), PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to align with current international standards for the air transportation of hazardous materials. The proposals in this rule would amend certain special provisions, packaging requirements, notification of pilot-in-command (NOTOC) requirements, and exceptions for passengers and crew members. In addition to harmonization with international standards, several of the proposals in this rule are responsive to petitions for rulemaking submitted by the regulated community. PHMSA invites all interested persons to provide comments regarding these proposed revisions.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2016-28403.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2016-28403.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2016-28403","source_url":"https://www.federalregister.gov/documents/2016/12/05/2016-28403/hazardous-materials-notification-of-the-pilot-in-command-and-response-to-air-related-petitions-for","body":"Federal Register, Volume 81 Issue 233 (Monday, December 5, 2016) [Federal Register Volume 81, Number 233 (Monday, December 5, 2016)] [Proposed Rules] [Pages 87510-87529] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2016-28403] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 172 and 175 [Docket No. PHMSA-2015-0100 (HM-259)] RIN 2137-AF10 Hazardous Materials: Notification of the Pilot-in-Command and Response to Air Related Petitions for Rulemaking (RRR) AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: In consultation with the Federal Aviation Administration (FAA), PHMSA proposes to amend the Hazardous Materials Regulations (HMR) to align with current international standards for the air transportation of hazardous materials. The proposals in this rule would amend certain special provisions, packaging requirements, notification of pilot-in-command (NOTOC) requirements, and exceptions for passengers and crew members. In addition to harmonization with international standards, several of the proposals in this rule are responsive to petitions for rulemaking submitted by the regulated community. PHMSA invites all interested persons to provide comments regarding these proposed revisions. DATES: Comments must be received by February 3, 2017. ADDRESSES: You may submit comments by any of the following methods: Federal Rulemaking Portal: http://www.regulations.gov . Follow the online instructions for submitting comments. Fax: 1-202-493-2251. Mail: Docket Management System; U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand Delivery: To U.S. Department of Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays. Instructions: Include the agency name and Docket Number PHMSA-2015- 0100 (HM-259) or RIN 2137-AF10 for this rulemaking at the beginning of your comment. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided. If sent by mail, comments must be submitted in duplicate. Persons wishing to receive confirmation of receipt of their comments must include a self-addressed, stamped postcard. Privacy Act: Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 [65 FR 19477], or you may visit http://www.regulations.gov . Docket: You may view the public docket online at http://www.regulations.gov or in person at the Docket Operations Office at the above address (see ADDRESSES). FOR FURTHER INFORMATION CONTACT: Aaron Wiener, Office of Hazardous Materials Standards, International Standards, (202) 366-4579, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd Floor, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Overview of Proposals in This NPRM A. Transportation by Air Intermediate Packaging Requirements for Certain Low and Medium Danger Hazardous Materials (P-1637) B. Quantity Limits for Portable Electronic Medical Devices Carried by Passengers, Crewmembers, and Air Operators (P-1649) C. NOTOC Harmonization With the ICAO TI (P-1487) D. Amendments to Package Inspection (P-1671) and Securing Requirements III. Section-by-Section Review IV. Regulatory Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies and Procedures F. Paperwork Reduction Act G. Regulation Identifier Number (RIN) H. Unfunded Mandates Reform Act I. Environment Assessment J. Privacy Act K. Executive Order 13609 and International Trade Analysis L. National Technology Transfer and Advancement Act V. List of Subjects and Regulations Text I. Background In consultation with the Federal Aviation Administration (FAA), PHMSA (also ``we'' or ``us'') proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to more closely align with certain provisions of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods (ICAO TI). This NPRM also responds to four petitions for rulemaking submitted by the regulated community. The intended effect of these amendments is to update miscellaneous regulatory requirements for hazardous materials offered for transportation, or transported, in commerce by aircraft. The petitions are included in the docket for this proceeding and are discussed at length in Section II (``Overview of Proposals in this NPRM'') of this rulemaking. [[Page 87511]] II. Overview of Proposals in This NPRM A. Transportation by Air Intermediate Packaging Requirements for Certain Low and Medium Danger Hazardous Materials (P-1637) The Dangerous Goods Advisory Council petitioned PHMSA to remove the additional intermediate packaging requirements found in special provisions A3 and A6, see 49 CFR 172.102(b)(2), by deleting these special provisions and all references to them in the Hazardous Materials Table (HMT) in Sec. 172.101. See P-1637.\\1\\ Special provisions A3 and A6 apply to certain commodities as assigned in column (7) of the HMT when transported by aircraft: --------------------------------------------------------------------------- \\1\\ https://www.regulations.gov/docket?D=PHMSA-2014-0094 . --------------------------------------------------------------------------- Special provision A3 states that if glass inner packagings are used for transportation of referenced commodities, they must be packed with absorbent material in tightly closed metal receptacles before being packed in outer packagings. Special provision A6 states that if plastic inner packagings are used for transportation of referenced commodities, they must be packed in tightly closed metal receptacles before being packed in outer packagings. The petitioner notes that the packaging requirements imposed by special provisions A3 and A6 are domestic provisions not found in the ICAO TI and that maintaining these differences creates both a trade barrier to U.S. exports and a burden to the domestic market. The petitioner contends that the requirement for ``metal receptacles'' is overly restrictive and provides a competitive advantage to shippers in countries that allow these products to be shipped without additional intermediate packagings. The petitioner further notes that the following requirements in Sec. 173.27(d) and (e) of the HMR make special provisions A3 and A6 unnecessary: (1) When transported by air, inner packagings of Packing Group (PG) I materials currently assigned A3, A6, or both are already required to be packed in either a rigid and leakproof receptacle or an intermediate packaging containing sufficient absorbent material to absorb the entire contents of the inner packaging before packing the inner packaging in its outer package; and (2) PG II and III commodities are already subject to secondary closure requirements. Therefore, the petitioner asks that the intermediate packaging requirements in special provisions A3 and A6 be removed. Section 173.27(d) establishes the type of closure required for transportation of liquid hazardous materials by air. It states that the inner packaging for PG I liquid hazardous materials must have a secondary means of closure applied. The inner packaging for PG II or PG III liquid hazardous materials must have a secondary closure applied unless the secondary closure is impracticable. If the secondary closure is impracticable, the closure requirements for PG II and PG III liquids may be satisfied by securely closing the inner packaging and placing it in a leakproof liner or bag before placing the inner packaging in the outer packaging. Section 173.27(e) sets the absorbency requirements for PG I liquid hazardous materials of Classes 3, 4, or 8, or Divisions 5.1 or 6.1, when the materials are packaged in glass, earthenware, plastic, or metal inner packagings and offered or transport by air. It requires that inner packagings be packed in a rigid and leakproof receptacle or intermediate packaging that that is sufficiently absorbent to absorb the entire contents of the inner packaging before the inner package is packed in the outer package. After reviewing the petition, PHMSA agrees that current requirements in Sec. 173.27(d) and (e) make special provisions A3 and A6 redundant for liquid PG I materials. We also agree that the requirements in Sec. 173.27(d) for inner packagings to have a secondary means of closure or a leakproof liner or bag adequately address the hazards that special provision A6 was designed to mitigate for PG II and III materials. However, we maintain that the material of construction of the inner packaging referenced in special provision A3 (glass) necessitates an intermediate package to perform a containment function in the event an inner packaging breaks. Therefore, we propose to: (1) Amend special provision A3 in Sec. 172.102 to authorize rigid and leakproof receptacles for intermediate packaging; (2) remove references to special provision A3 from assigned PG I entries in the HMT; and (3) remove references to special provision A6 from assigned liquids in the HMT. Four solid materials (UN Nos. 1326, 1390, 1889 and 3417) are currently assigned special provisions A6 in the HMT. Unlike the liquids currently assigned special provision A6, these solid materials are not subject to the intermediate or secondary packaging provisions in Sec. 173.27. PHMSA solicits public comment on maintaining special provision A6 for currently assigned solid materials or whether revisions to the packaging provisions for these materials should be considered in a future rulemaking B. Quantity Limits for Portable Electronic Medical Devices Carried by Passengers, Crewmembers, and Air Operators (P-1649) Phillips Healthcare petitioned PHMSA to revise Sec. 175.10(a)(18)(i) to increase the quantity limits applicable to the transportation of portable medical electronic devices (e.g., automated external defibrillators (AED); nebulizers; continuous positive airway pressure (CPAP) devices containing lithium metal batteries; and spare batteries) carried on aircraft by passengers and crewmembers. See P- 1649.\\2\\ The current HMR requirements limit all lithium metal batteries carried on an aircraft by passengers or crew for personal use to a lithium content of not more than 2 grams per battery. The ICAO TI allow portable medical electronic devices containing lithium metal batteries and spare batteries for these devices to contain up to 8 grams of lithium content per battery to be carried by passengers with the approval of the operator. The petitioner states: --------------------------------------------------------------------------- \\2\\ https://www.regulations.gov/docket?D=PHMSA-2015-0107 . A global increase in air travel, as well as a growing aged population in many countries, makes it reasonable to assume that there will be a significant increase in older passengers and passengers with illness. An automated external defibrillator can --------------------------------------------------------------------------- make the difference between life and death during cardiac arrest. The petitioner further asserts that the current HMR requirements prohibit many people who need to travel with their portable medical electronic devices from doing so because the lithium content exceeds the amount allowed. In addition, the petitioner notes that increasing the quantity limits for portable medical electronic devices containing lithium metal batteries and spare batteries would be consistent with section 828 of the ``FAA Modernization and Reform Act of 2012'' (Pub. L. 112-98, 126 Stat. 133; Feb. 14, 2012),\\3\\ which prohibits the Secretary of Transportation from issuing or enforcing any regulation or other requirement regarding the air transportation of lithium cells or batteries if the requirement is more stringent than the requirements of the ICAO TI. --------------------------------------------------------------------------- \\3\\ See http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt381/pdf/CRPT-112hrpt381.pdf . --------------------------------------------------------------------------- PHMSA agrees that harmonizing the HMR with the ICAO TI on the issue [[Page 87512]] portable medical electronic devices with lithium batteries is consistent with the intent of section 828 of the FAA Modernization and Reform Act. Therefore, we propose to amend Sec. 175.10 to align HMR provisions with those in the ICAO TI. The petitioner further asks that portable medical electronic devices with increased lithium contents be authorized for transport by passengers or crew members without the approval of the operator. PHMSA points the petitioner to the ICAO TI part 8, table 8-1 provisions with which we are proposing to harmonize and notes that, under the ICAO TI, approval of the operator is required for lithium metal battery powered portable medical electronic devices and their spare batteries exceeding 2 grams of lithium content but not exceeding 8 grams of lithium content. PHMSA is not compelled by the reasoning in the petition to be less restrictive than what international standards currently prescribe. Moreover, we believe that operator approval can be an important safety provision, especially in the context of large lithium metal batteries otherwise forbidden for transportation in carry-on or checked baggage. Accordingly, PHMSA does not propose to eliminate the operator approval provision. In this NPRM, we propose to amend Sec. 175.10(a)(18)(i) to authorize passengers and crewmembers to carry on board an aircraft lithium metal battery-powered portable medical electronic devices and two spare batteries for those devices exceeding 2 grams of lithium content per battery, but not exceeding 8 grams of lithium content per battery, with the approval of the operator. Consistent with the ICAO TI and the current HMR prohibitions, spare lithium batteries (i.e., batteries that are not packed with or contained in equipment) of any type and for any application continue to be prohibited from checked baggage. FAA's Safety Alert to Operators (SAFO) 15010 Carriage of Spare Lithium Batteries in Carry-on and Checked Baggage provides additional guidance to operators on this issue. C. NOTOC Harmonization With the ICAO TI (P-1487) The United Parcel Service petitioned PHMSA to revise the notification of the captain/pilot-in-command (NOTOC) requirements to match the ICAO TI. The pilot-in-command must receive the NOTOC in order to appropriately consider the presence, amount and location of hazardous materials onboard the aircraft in an emergency. See P- 1487.\\4\\ This information, which also includes the hazard classification, proper shipping name, and packing group of the hazmat onboard the aircraft can help to inform the flight crew's decision- making. If an in-flight emergency did occur, the flight crew or the air carrier's ground personnel would need to convey information to air traffic control and/or emergency responders in order to support a safe and effective response. --------------------------------------------------------------------------- \\4\\ https://www.regulations.gov/docket?D=PHMSA-2006-26159 . --------------------------------------------------------------------------- In its petition, the United Parcel Services asks PHMSA to amend the domestic NOTOC requirements in Sec. 175.33 to reduce what it considers extraneous information and more closely align the HMR with existing international practices. The petitioner stated that harmonization with more elements of the ICAO TI's NOTOC requirements will reduce the regulatory burden for operators, as well as the costs associated with training employees and contract personnel to two sets of standards. PHMSA proposes adding each of the following requirements to the HMR: (a) The operator must provide to the flight dispatcher the same information as provided on the NOTOC; (b) the information must be provided to pilots and dispatchers prior to an aircraft moving under its own power; (c) the air operator must retain the pilot-in-command's confirmation via signature or other appropriate indication that the required information was received; and (d) the person responsible for loading must provide a signed confirmation or other form of indication that no damaged or leaking packages or packages showing evidence of damage or leakage were loaded on the aircraft. These changes and other general changes discussed below will result in PHMSA harmonizing more closely with the ICAO TI in regards to the information required to be provided in the NOTOC. Requirement that the operator provide the same information to the flight dispatcher that is required to be provided to the pilot- in-command. In an emergency, a dispatcher may be more readily able to communicate with air traffic control and emergency responders about the nature and location of hazardous materials onboard an aircraft than the flight crew. Harmonizing with the ICAO TI and requiring dispatchers to have the same information as pilots regarding the nature, amounts, and locations of hazardous materials improves information sharing in an emergency situation. The current ICAO requirement to provide information to the dispatcher was proposed by the U.S. Panel Member on the ICAO Dangerous Goods Panel after consultation with stakeholders.\\5\\ Incorporating this provision into the HMR is also relevant to NTSB Safety Recommendation A-11-042, which recommends that the FAA ``develop a method to quickly communicate information regarding the number of persons on board and the presence of hazardous materials to emergency responders when airport emergency response or search and rescue is activated.'' \\6\\ --------------------------------------------------------------------------- \\5\\ See ICAO Dangerous Goods Panel Working Paper DGP/23-WP/35 (October 2011). In addition to regularly occurring public meetings before ICAO meetings, the FAA and PHMSA held a public meeting specific to NOTOCs in March 2011. For background information, visit: https://www.federalregister.gov/articles/2011/03/01/2011-4237/notification-of-pilot-in-command-notice-of-public-meeting . \\6\\ See http://www.ntsb.gov/safety/safety-recs/recletters/A-11-039-047.pdf . --------------------------------------------------------------------------- For operations subject to the HMR where no dispatcher is required, other personnel with responsibilities for operational control of the aircraft (e.g., the flight operations officer or designated ground personnel responsible for flight operations) would serve as the additional contact. Consistent with the ICAO TI, operators are responsible for addressing in their relevant manuals the job title and specific functions of the person who will receive this information. Providing an additional and potentially quicker means for airport rescue and firefighting (ARFF) personnel to receive the NOTOC underscores that the ARFF community is as much an intended consumer of the NOTOC as flight crews. We note that ARFF training in hazardous materials incidents is required under 14 CFR 139, which specifies the FAA's requirements for certificated airports. Requirement that the NOTOC be provided to pilots and dispatchers prior to an aircraft moving under its own power. The current HMR require pilots-in-command to receive written information meeting the requirements in Sec. 175.33 as early as practicable before departure of the aircraft. Consistent with the ICAO TI, PHMSA believes that this information should be provided to both the pilot-in-command and dispatchers prior to the aircraft moving under its own power. The flight crew should not be burdened with additional information or processes during taxiing and final preparations for takeoff. This proposed change would also allow the flight crew additional time to address any safety concerns identified after a [[Page 87513]] review of the NOTOC before taxiing. For example, flight crews will be more likely to have the opportunity to physically inspect (e.g., packages, paperwork, etc.), ask questions, or otherwise act on the information in the NOTOC if they so choose. Requirement that the air operator obtains and retains a confirmation (e.g., a signed confirmation from the pilot-in-command or notation via an operator's computer system) that the NOTOC was received by the pilot in command. The current HMR require the information to be provided to the pilot-in-command by the operator and for the operator to maintain a record of the NOTOC for 90 days, but there is no requirement for the pilot to indicate receipt of the NOTOC. To be consistent with the ICAO TI, PHMSA is proposing to require the operator to obtain and retain documentation of the pilot-in-command's receipt of the NOTOC. Requirement for a signed confirmation or some other indication from the person responsible for loading the aircraft that no evidence of damaged or leaking packages were loaded on the aircraft. The current HMR require a confirmation that no damaged or leaking packages were loaded on board an aircraft, but there is no requirement for a signature or other means of verification from the person responsible for loading the aircraft. Requiring a signed confirmation or other indication from the person responsible for loading results in a more accountable safety system that helps to ensure that there is no evidence of damage to or leakage from the packages or evidence of leakage from the unit load device loaded on an aircraft. Operators are responsible for addressing in their relevant manuals the job title and specific functions of the ``responsible loader,'' as well as how information should be communicated from other loaders to the responsible loader for each flight prior to this confirmation/ indication being provided on the NOTOC. General harmonization with the ICAO TI in regards to information required to be provided in the NOTOC associated with (and linked to) requirements for shipping papers. The current HMR require the additional description requirements of Sec. Sec. 172.202 and 172.203 to be provided in the NOTOC. These additional information requirements necessitate the inclusion of items such as descriptions of the physical or chemical form of radioactive materials, an indication that the materials being transported are packaged under limited quantity exceptions, an indication that marine pollutants are present, etc. By more closely aligning with the ICAO TI, PHMSA believes that the removal of additional description requirements from the NOTOC will result in decreased complexity and training costs for operators without negatively impacting safety. However, we invite comment from the ARFF community pertaining to the effect this proposed rule would have had on past incident or accident responses. The current HMR contain a requirement that a notification prepared in accordance with the ICAO TI must also include any additional elements required to be shown on shipping papers by subpart C of part 171 of this subchapter. The additional elements currently required are: An indication of the ``EX Number'' for Division 1.4G safety devices; an indication of ``RQ'' and technical names if applicable for hazardous substances; an indication that the hazardous material is a ``Waste'' for hazardous wastes; and the inclusion of the words ``Poison- Inhalation Hazard'' or ``Toxic-Inhalation Hazard'' and the words ``Zone A,'' ``Zone B,'' ``Zone C,'' or ``Zone D'' for gases, or ``Zone A'' or ``Zone B'' for liquids, as appropriate for Division 2.3 materials meeting the definition of a material poisonous by inhalation. PHMSA proposes to remove the requirement for a NOTOC made in accordance with the ICAO TI to include these additional elements. This information would still be required on shipping papers. General harmonization between the HMR NOTOC requirements and those found in the ICAO TI will ensure consistency for operators subject to both regulatory systems, thus reducing inconsistencies and the cost of complying with two different sets of standards. However, minor differences between the two regulations will remain even if PHMSA adopts the provisions of this NPRM into a final rule. One noteworthy difference is that the HMR requires that the date of the flight be included on the NOTOC. We believe that maintaining the flight date provides a benefit by adding another safety control to ensure pilots have the correct form and will result in a negligible compliance burden by those required to prepare and maintain a NOTOC under the HMR. D. Amendments to Package Inspection (P-1671) and Securing Requirements Labelmaster Services petitioned PHMSA to amend Sec. 175.30(c)(1) by removing language prohibiting any package, outside container, or overpack containing hazardous materials from being transported on an aircraft if it has holes. See P-1671.\\7\\ The petitioner notes that airlines and freight forwarders have declined to transport packages with minor abrasions, tears, dents, cuts, small holes, or other minor damage from normal conditions of transportation and handling. Even where these examples of minor damage or holes did not compromise the packaging's integrity, airlines and freight forwarders declined to transport them on the basis of Sec. 175.30(c)(1). The petitioner asks that PHMSA add a new paragraph Sec. 173.24(b)(5) to provide transport guidance on packages with minor damage, as the HMR do not presently address this issue. --------------------------------------------------------------------------- \\7\\ https://www.regulations.gov/docket?D=PHMSA-2015-0281 . --------------------------------------------------------------------------- PHMSA agrees that the wording of the current requirement may be construed to prohibit carriage of such items whenever any hole is found in the package, outside container, or overpack. PHMSA believes the current restriction prohibiting acceptance of any of these containment methods with holes to be overly prescriptive, especially as the paramount safety requirement is that there must not be any indication that the integrity of the containment method has been compromised. In this NPRM, consistent with the ICAO TI, PHMSA proposes to amend Sec. 175.30(c)(1) to remove language prohibiting packages, outside containers, or overpacks containing hazardous materials from being transported on an aircraft simply due to the presence of holes when the holes do not compromise the integrity of the containment device. Under the proposed amendment to Sec. 175.30(c)(1), aircraft operators would be authorized to accept packages with small holes that do not compromise the integrity of the containment method during transportation aboard an aircraft. However, we note that operators may continue to have more restrictive standards as a part of their business practice. Moreover, operators are ultimately responsible for their decision to accept such a package for transportation, as the acceptance of the package is tantamount to the operator's determination that the hole will not compromise the integrity of the package. The petitioner's request to add a new paragraph in Sec. 173.24 is outside the scope of this rulemaking and may be considered in a future rule. Additionally, we propose to amend Sec. 175.88(c) to require hazardous materials loaded in an aircraft be protected from damage, including by the [[Page 87514]] movement of baggage, mail, stores,\\8\\ or other cargo and during loading operations, so that accidental damage is not caused through dragging or mishandling. --------------------------------------------------------------------------- \\8\\ References to stores in this rule are consistent the ICAO TI's definition under ICAO TI Part 1; 3.1.1. Stores (supplies). a) Stores (supplies) for consumption; and b) Stores (supplies) to be taken away. Stores (supplies) for consumption. Goods, whether or not sold, intended for consumption by the passengers and the crew on board aircraft, and goods necessary for the operation and maintenance of aircraft, including fuel and lubricants. Stores (supplies) to be taken away. Goods for sale to the passengers and the crew of aircraft with a view to being landed. --------------------------------------------------------------------------- III. Section-by-Section Review The following is a section-by-section review of the amendments proposed in this NPRM: Part 172 Section 172.101 Section 172.101 contains the Hazardous Materials Table (HMT) and provides instructions for its use. Section 172.101(h) describes column (7) of the HMT, which specifies codes for special provisions applicable to hazardous materials. PHMSA proposes revisions to the column (7) special provisions. Please review all changes for a complete understanding of the amendments and see ``Section 172.102 special provisions'' for a detailed discussion of the proposed deletions to the special provisions addressed in this NPRM. PHMSA specifically proposes to remove: (1) Special provision A3 from all assigned PG I HMT entries in column (7); and (2) special provision A6 from all assigned liquid HMT entries in column (7). Table 1 illustrates the HMT entries for which changes are proposed: Table 1 ------------------------------------------------------------------------ SP deletion Proper shipping name UN ID No. proposed ------------------------------------------------------------------------ Acetaldehyde...................... UN1089 A3. Acetic acid, glacial or Acetic UN2789 A6. acid solution, with more than 80 percent acid, by mass. Acetic acid solution, not less UN2790 A6. than 50 percent but not more than 80 percent acid, by mass. Acetic anhydride.................. UN1715 A6. Acetyl chloride................... UN1717 A6. Alkali metal alloys, liquid, n.o.s UN1421 A3. Alkali metal amalgam, liquid...... UN1389 A3. Alkali metal dispersions, UN3482 A3. flammable or Alkaline earth metal dispersions, flammable. Alkali metal dispersions, or UN1391 A3. Alkaline earth metal dispersions. Alkylphenols, liquid, n.o.s. UN3145 A6. (including C2-C12 homologues) (PG I). Allyl iodide...................... UN1723 A6. Amines, liquid, corrosive, UN2734 A3, A6. flammable, n.o.s. or Polyamines, liquid, corrosive, flammable, n.o.s. (PG I). Amines, liquid, corrosive, n.o.s, UN2735 A3, A6. or Polyamines, liquid, corrosive, n.o.s. (PG I). Amyl mercaptan.................... UN1111 A6. Antimony pentafluoride............ UN1732 A6. Benzyl chloroformate.............. UN1739 A3, A6. Boron trifluoride diethyl etherate UN2604 A3. Butyl mercaptan................... UN2347 A6. Chlorite solution................. UN1908 A6. 2-Chloropropene................... UN2456 A3. Chromium oxychloride.............. UN1758 A3, A6. Chromosulfuric acid............... UN2240 A3, A6. Corrosive liquid, acidic, UN3264 A6. inorganic, n.o.s. (PG I). Corrosive liquid, acidic, organic, UN3265 A6. n.o.s. (PG I). Corrosive liquid, basic, UN3266 A6. inorganic, n.o.s. (PG I). Corrosive liquid, basic, organic, UN3267 A6. n.o.s. (PG I). Corrosive liquid, self-heating, UN3301 A6. n.o.s. (PG I). Corrosive liquids, flammable, UN2920 A6. n.o.s. (PG I). Corrosive liquids, n.o.s. (PG I).. UN1760 A6. Corrosive liquids, oxidizing, UN3093 A6. n.o.s.. Corrosive liquids, toxic, n.o.s. UN2922 A6. (PG I). Corrosive liquids, water-reactive, UN3094 A6. n.o.s.. Dichloroacetic acid............... UN1764 A6. Dichloroacetyl chloride........... UN1765 A6. Difluorophosphoric acid, anhydrous UN1768 A6. Disinfectant, liquid, corrosive, UN1903 A6. n.o.s.. Dyes, liquid, corrosive, n.o.s. or UN2801 A6. Dye intermediates, liquid, corrosive, n.o.s (PG I). Ethyl mercaptan................... UN2363 A6. Ethyldichlorosilane............... UN1183 A3. Fluoroboric acid.................. UN1775 A6. Fluorophosphoric acid anhydrous... UN1776 A6. Fluorosilicic acid................ UN1778 A6. Fluorosulfonic acid............... UN1777 A3, A6. Hexafluorophosphoric acid......... UN1782 A6. Hydrazine, anhydrous.............. UN2029 A3, A6. Hydriodic acid (PG II)............ UN1787 A6. Hydrobromic acid, with not more UN1788 A6. than 49 percent hydrobromic acid (PG II). Hydrochloric acid (PG II)......... UN1789 A6. Hydrofluoric acid and Sulfuric UN1786 A6. acid mixtures. Hydrofluoric acid, with more than UN1790 A6. 60 percent strength. Hydrofluoric acid, with not more UN1790 A6. than 60 percent strength. Hydrogen peroxide and peroxyacetic UN3149 A6. acid mixtures, stabilized with acids, water, and not more than 5 percent peroxyacetic acid. Hydrogen peroxide, aqueous UN2014 A6. solutions with not less than 20 percent but not more than 40 percent hydrogen peroxide (stabilized as necessary). Lithium aluminum hydride, ethereal UN1411 A3. [[Page 87515]] Mercaptans, liquid, flammable, UN1228 A6. toxic, n.o.s. or Mercaptan mixtures, liquid, flammable, toxic, n.o.s (PG III). Mercaptans, liquid, toxic, UN3071 A6. flammable, n.o.s. or Mercaptan mixtures, liquid, toxic, flammable, n.o.s., flash point not less than 23 degrees C. Methyldichlorosilane.............. UN1242 A3. Morpholine........................ UN2054 A6. Nitric acid other than red fuming, UN2031 A6. with at least 65 percent, but not more than 70 percent nitric acid. Nitric acid other than red fuming, UN2031 A6. with more than 20 percent and less than 65 percent nitric acid. Nitric acid other than red fuming, UN2031 A6. with not more than 20 percent nitric acid. Nitric acid other than red fuming, UN2031 A3. with more than 70 percent nitric acid. Nitrohydrochloric acid............ UN1798 A3. Nitrosylsulfuric acid, liquid..... UN2308 A6. Organotin compounds, liquid, UN2788 A3. n.o.s. (PG I). Oxidizing liquid, corrosive, n.o.s UN3098 A6. (PG I). Oxidizing liquid, n.o.s (PG I).... UN3139 A6. Oxidizing liquid, toxic, n.o.s (PG UN3099 A6. I). Perchloric acid with more than 50 UN1873 A3. percent but not more than 72 percent acid, by mass. Phosphorus tribromide............. UN1808 A6. Propanethiols..................... UN2402 A6. Propylene oxide................... UN1280 A3. 1,2-Propylenediamine.............. UN2258 A6. Propyleneimine, stabilized........ UN1921 A3. Selenium oxychloride.............. UN2879 A3, A6. Silicon tetrachloride............. UN1818 A6. Sulfur chlorides.................. UN1828 A3. Sulfuric acid, fuming with less UN1831 A3. than 30 percent free sulfur trioxide. Trichloroacetic acid, solution.... UN2564 A6. Trifluoroacetic acid.............. UN2699 A3, A6. Valeryl chloride.................. UN2502 A6. Vanadium oxytrichloride........... UN2443 A6. Vanadium tetrachloride............ UN2444 A3, A6. Vinyl ethyl ether, stabilized..... UN1302 A3. Xylyl bromide, liquid............. UN1701 A6. ------------------------------------------------------------------------ Section 172.102 Special Provisions Section 172.102 lists special provisions applicable to the transportation of specific hazardous materials. Special provisions contain packaging requirements, prohibitions, and exceptions applicable to particular quantities or forms of hazardous materials. PHMSA proposes, to replace the existing requirement for tightly closed metal receptacles in special provision A3 from Sec. 172.102(b)(2), which applies only to transportation by aircraft, with a requirement for rigid and leakproof receptacles or intermediate packaging packed with absorbent material. Part 175 Section 175.10 Section 175.10 provides exceptions for passengers, crewmembers, and air operators. PHMSA proposes to revise Sec. 175.10(a)(18)(i) to authorize passengers and crewmembers to carry on board aircraft portable medical electronic devices containing lithium metal batteries with a lithium content exceeding 2 grams per battery, but not exceeding 8 grams of lithium content per battery, and no more than two individually protected lithium metal spare batteries for these portable medical electronic devices each exceeding 2 grams of lithium content, but not exceeding 8 grams of lithium content, with the approval of the operator. Consistent with the ICAO TI and the current HMR prohibitions, spare lithium batteries (i.e. batteries that are not packed with or contained in equipment) of any type and for any application continue to be prohibited from checked baggage. FAA's Safety Alert to Operators (SAFO) 15010 Carriage of Spare Lithium Batteries in Carry-on and Checked Baggage provides additional guidance to operators on this issue. Section 175.30 Section 175.30 prescribes requirements for the inspection and acceptance of hazardous materials. PHMSA proposes revising Sec. 175.30(c)(1) to no longer prohibit packages, outside containers, overpacks, or ULDs containing hazardous materials from being transported on an aircraft if there are one or more holes present when the hole(s) or other indications do not indicate compromised integrity to the package, overpack, freight container, or ULD. This change will harmonize the HMR with language in ICAO TI part 7; 1.3.1(i), which states ``the package, overpack, freight container or unit load device is not leaking and there is no indication that its integrity has been compromised.'' Section 175.33 Section 175.33 establishes requirements for shipping papers and for the notification of the pilot-in-command (NOTOC) when hazardous materials are transported by aircraft. PHMSA proposes to harmonize the HMR NOTOC requirements with those found in the ICAO TI. Specifically, we propose to more closely align the information that is required to be provided in the NOTOC; ensure the NOTOC is provided to dispatchers or when dispatchers are not utilized, other ground support personnel designated in the operator's manual assigned to the flight; harmonize with ICAO requirements addressing when the NOTOC must be provided to the pilots and dispatchers; require confirmation via signature or other appropriate indication by the pilot-in-command (PIC) to indicate that the required information was received; and require confirmation via signature or other appropriate indication by the person responsible for loading the aircraft that no damaged or leaking packages or packages showing evidence of damage or leakage have been loaded on the aircraft. [[Page 87516]] Finally, and consistent with the ICAO TI, we propose to amend Sec. 175.33 by removing the requirement to include additional informational requirements in Sec. 175.33(a)(1)(i) and (ii). This information will continue to be required on shipping papers. Section 175.88 Section 175.88 prescribes requirements for inspection, orientation, and securing packages of hazardous materials aboard aircraft. PHMSA proposes revisions to Sec. 175.88(c) to require hazardous materials loaded in an aircraft to be protected from damage, including by the movement of baggage, mail, stores, or other cargo, consistent with general loading requirements found in the ICAO TI. This proposed change would require that packages be protected from damage during loading operations through dragging or mishandling of packages containing hazardous materials ","truncated":true,"body_characters":108387}