# Implementation of the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Final Rule DEPARTMENT OF TRANSPORTATION

- **operation:** document
- **citation:** Not available
- **title:** Implementation of the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Final Rule DEPARTMENT OF TRANSPORTATION
- **source type:** rulemaking
- **agency:** Office of the Federal Register
- **status:** historical
- **official:** true
- **published on:** 1994-12-29
- **effective on:** 1995-10-01
- **summary:** This final rule amends the Hazardous Materials Regulations to maintain alignment with corresponding provisions of international standards. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce.
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Federal Register, Volume 59 Issue 249 (Thursday, December 29, 1994) [Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 94-31175] [[Page Unknown]] [Federal Register: December 29, 1994] _______________________________________________________________________ Part II Department of Transportation _______________________________________________________________________ Research and Special Programs Administration _______________________________________________________________________ 49 CFR Part 171, et al. Implementation of the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Final Rule DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171, 172, 173, 175, 176, 177, 178 [Docket No. HM-215A; Amdt Nos. 171-131, 172-139, 173-241, 175-52, 176- 36, 177-84, 178-106] RIN 2137-AC42 Implementation of the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the Hazardous Materials Regulations to maintain alignment with corresponding provisions of international standards. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce. DATES: Effective: October 1, 1995. Compliance date: Compliance with the regulations, as amended herein, is authorized as of January 1, 1995. Incorporation by reference: The incorporation by reference of certain publications listed in these amendments has been approved by the Director of the Federal Register as of October 1, 1995. FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International Standards Coordinator, telephone (202) 366-0586, Beth Romo or John Gale, Office of Hazardous Materials Standards, telephone (202) 366- 8553, Hazardous Materials Safety, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: I. Background On December 21, 1990, the Research and Special Programs Administration (RSPA) published a final rule [Docket HM-181; 55 FR 52402] which comprehensively revised the Hazardous Materials Regulations (HMR), 49 CFR Parts 171 to 180, with respect to hazard communication, classification, and packaging requirements, based on the UN Recommendations. One intended effect of the rule was to facilitate the international transportation of hazardous materials by ensuring a basic consistency between the HMR and international regulations. The UN Recommendations are not regulations, but are recommendations issued by the UN Committee of Experts on the Transport of Dangerous Goods. These recommendations are amended and updated biennially by the Committee of Experts and are distributed to nations throughout the world. They serve as the basis for international modal regulations; specifically the IMDG Code, issued by the International Maritime Organization (IMO), and the ICAO Technical Instructions. In 49 CFR 171.12, the HMR authorize shipments prepared in accordance with the IMDG Code if all or part of the transportation is by vessel, subject to certain conditions and limitations. Offering, accepting and transporting hazardous materials by aircraft, in conformance with the ICAO Technical Instructions, and by motor vehicle either before or after being transported by aircraft, are authorized in Sec. 171.11 (with certain exceptions). On December 22, 1992, RSPA issued an interim final rule [Docket HM- 215; 57 FR 60738] amending Sec. 171.7 by incorporating the 1993-1994 edition of the ICAO Technical Instructions and Amendment 26 to the IMDG Code. This rulemaking action authorized the use of the updated international regulations, effective January 1, 1993. Amendment 26 promulgated numerous miscellaneous changes to the IMDG Code regarding classification, labeling, packaging, and documentation. The 1993-1994 edition of the ICAO Technical Instructions contained amendments relating to the seventh revised edition of the UN Recommendations, as well as changes specific to air transportation. The HMR, as revised under Docket HM-181, are largely based on the sixth revised edition of the UN Recommendations. Selected provisions from the seventh and eighth revised editions of the UN Recommendations have been incorporated into the HMR under subsequent Docket HM-181 rulemaking actions. On July 18, 1994, RSPA issued a Notice of Proposed Rulemaking (NPRM) (Docket HM-215A; 59 FR 36488), which proposed changes to more fully align the HMR with the seventh and eighth revised editions of the UN Recommendations. Such changes would provide consistency with the international air and sea transport requirements which, effective January 1, 1995, will be aligned with the eighth revised edition of the UN Recommendations. II. Summary of Comments RSPA received nearly 120 comments to the proposed rule from chemical manufacturers and distributors, carriers, model rocket users, and industry associations representing hazardous materials offerors, carriers, and packaging manufacturers and reconditioners. Commenters supported RSPA's effort to align the HMR with international standards to provide consistency and facilitate the international transportation of hazardous materials. Major issues identified by commenters included: (1) The purported need for a delay in the effective date of the final rule to allow an orderly transition from old to new requirements; (2) possible expansion of proposed provisions to allow reuse of certain UN standard packagings without leakproofness testing; (3) a request from model rocket users to clarify proposed packaging requirements for model rockets; (4) proposed removal of an exception for shipments transported within a port area; (5) reciprocal treatment of foreign-manufactured packagings; (6) proposed changes in criteria for corrosivity testing; and (7) proposed subsidiary labeling and terminology changes. A more detailed discussion of the comments and rulemaking actions in response to these comments is provided in the following summary. III. Summary of Regulatory Changes by Section Part 171 Section 171.7. Various standards, such as those issued by the International Organization for Standardization (ISO), the American Society for Testing and Materials (ASTM), and Transport Canada, are added or updated, and the most current versions of the ICAO Technical Instructions, the IMDG Code, and the UN Recommendations are incorporated. Section 171.8. New definitions for ``Asphyxiant gas,'' ``Gas,'' ``Oxidizing gas'' and ``Siftproof packaging'' are added, and definitions for ``Box,'' ``Liquid,'' ``Overpack,'' ``Solid'' and ``UN standard packaging'' are revised for consistency with the seventh and eighth revised editions of the UN Recommendations. Two commenters asked RSPA to delete the word ``Small'' in the proposed revision of the definition for ``box''. These commenters claimed that the term was ambiguous and could lead to differing interpretations by various enforcement agencies. RSPA agrees and is replacing the wording ``Small holes'' with the phrase ``Holes appropriate to the size and use of the packaging''. One of the commenters further asked RSPA to clarify whether the openings in the box may be designed for uses other than for ease of handling or opening. RSPA believes the wording ``such as ease of handling or opening, or to meet classification requirements'' proposed in the NPRM offers sufficient examples of uses for openings and, therefore, is not amending this text in the final rule. The definition for ``UN standard packaging'' is revised to clarify that it applies to both U.S.-manufactured and foreign-manufactured packagings and to delete reference to Subparts L and M of Part 178. Section 171.11. Paragraph (d)(5) is adopted as proposed to include the word ``toxic'' as an appropriate reference to a poison. Section 171.12. Paragraph (b) is revised as proposed. RSPA is amending Secs. 171.12(b) and 176.27(c) to reference IMDG Code requirements for a container packing certification for freight containers and transport units intended for carriage by vessel. This requirement applies to persons who load hazardous materials for transportation (including freight forwarders, freight consolidators and non-vessel operating common carriers) or transport hazardous materials by vessel. A freight container packing certification requirement was adopted several years ago under Amendment 24 to the IMDG Code and became effective worldwide on January 1, 1994, as mandated under the International Convention on Safety of Life at Sea (SOLAS Convention). When hazardous materials are packed into a freight container or transport vehicle for transportation by vessel, those responsible for packing the unit must provide a certificate or declaration to the carrier attesting that the container is suitable for transport, that it contains compatible materials in packages that have been properly inspected, packed, and secured, and the container and packages are properly marked, labeled, and placarded. This certification may appear either in a separate document or in a signed statement provided on the dangerous goods shipping document. Because the U.S. is a signatory to the SOLAS Convention, RSPA is adopting a similar container packing certification requirement under the HMR. In the NPRM, RSPA proposed removal of wording in paragraph (c) which allows hazardous materials being imported into or exported from the U.S. to comply with IMDG Code regulations in port areas. Commenters responding to this proposal opposed the removal of this wording; they claimed that a requirement for hazardous materials being imported into or exported from the U.S. to comply with the HMR in a port area would impose an economic burden on the industry and would be a barrier to trade. Paragraph (c) is not being revised in this final rule. RSPA plans to address the port area issue in greater detail in a future rulemaking proceeding. Section 171.14. This section is revised to provide a delayed implementation date for amendments adopted in this final rule. RSPA also is removing obsolete transition dates provided under the Docket HM-181 final rule and its subsequent revisions. A new paragraph (a) contains all remaining transition provisions for implementing changes adopted under the Docket HM-181 final rules. The effective date of this final rule is October 1, 1995. However, RSPA is authorizing a voluntary compliance date of January 1, 1995, which is consistent with the effective date of new requirements for international air and vessel shipments and will allow shippers to prepare their international shipments in accordance with the new ICAO, IMDG, and HMR provisions. RSPA also is authorizing, in new paragraph (b), a delay in mandatory compliance with the new requirements, until October 1, 1996. RSPA believes that an effective date of October 1, 1995, with an additional one-year delay until October 1, 1996, offers a sufficient phase-in period to implement new provisions and deplete current stocks of shipping papers, labels and placards, and containers affected by the new requirements. The October 1, 1996 implementation date also is consistent with certain Docket HM-181 transition provisions for maintenance and use of packagings. In addition, paragraph (b)(2) permits intermixing of old and new hazard communication requirements and reflects certain intermixing provisions authorized by the Docket HM-181 final rule. Part 172 Sections 172.101 and 172.102. RSPA is revising the Hazardous Materials Table (HMT) and the list of special provisions in Sec. 172.102 for basic conformance with the eighth revised edition of the UN Recommendations, the ICAO Technical Instructions (1995-1996 edition) and the 27th edition of the IMDG Code. The IM tank authorizations are revised for consistency with the changes in Chapter 12 of the seventh and eighth revised editions of the UN Recommendations. These changes can be found in the ``T-note'' authorizations that are listed in Column 7 of the HMT. The aircraft quantity limitations in Column 9 and the vessel stowage requirements in Column 10 are revised for consistency with the ICAO Technical Instructions and IMDG Code, respectively. In Sec. 172.101(k)(1)-(k)(5), revised definitions of the vessel stowage codes, which are prescribed in the Sec. 172.101 Table, are adopted as proposed for consistency with the IMDG Code. This revision broadens current stowage provisions for hazardous materials on cargo vessels to apply to hazardous materials (such as propane) on passenger vessels carrying a limited number of passengers. RSPA received two comments supporting this proposed change. Changes to the HMT are quite extensive--approximately 33% of the entries in the HMT are changed. Therefore, RSPA is republishing the entire HMT in this final rule, but does not believe it is necessary to discuss every change in this section review. However, in order to facilitate the reader's understanding of the changes to the HMT, RSPA is providing a list of all entries that are added, deleted, or made more restrictive. This list includes all changes in (1) the shipping name, (2) IM tank authorization, (3) subsidiary labeling, (4) classification, and (5) packaging. In addition, a discussion of the more substantive changes is provided. Numerous editorial changes are made to the HMT to correct misspellings and errors and to provide more consistency. A corrected typographical error is not shown in the list of significant changes. In addition, new generic entries are added for self-heating liquids and solids. Specific entries for self-reactive materials are removed from the HMT and replaced with new generic entries. As discussed in the NPRM, the UN Recommendations, ICAO Technical Instructions, and IMDG Code have replaced the term ``poisonous'' with the term ``toxic.'' RSPA proposed to amend proper shipping names in the HMT that contain the word ``poisonous'' by replacing ``poisonous'' with the word ``toxic'' to conform to international terminology. For example, the proper shipping name ``Flammable liquid, poisonous, n.o.s.'' would read ``Flammable liquid, toxic, n.o.s.''. However, RSPA also proposed to revise Sec. 172.101(c)(3) to allow the use of the word ``poisonous'' interchangeably with the word ``toxic''. Numerous commenters provided diverse opinions on this proposal. Highway carriers and the American Trucking Associations (ATA) believed that emergency responders would be at greater risk because the word ``toxic'' is overused and minimizes the seriousness of the poison hazard. They recommended reinstating ``Poison'' or ``Poisonous'' entries for domestic transportation. Another commenter thought that the option to use either term would force emergency response personnel and end users to deal with situations involving the same product bearing different labels or placards, depending on shipper preference. On the other hand, chemical manufacturers and their associations, such as the Chemical Manufacturers Association (CMA), supported the proposal to allow interchangeable use of either term. Other commenters, such as the Hazardous Materials Advisory Council (HMAC) agreed with interchangeable use, but only for as long as required to deplete stocks of preprinted materials and conduct training. RSPA believes the interchangeable use of ``poison'' and ``toxic'' for domestic transportation will provide flexibility and, therefore, is adopting as proposed the provision to permit use of either term. The eighth revised edition of the UN Recommendations added entries and assigned new UN I.D. numbers for elevated temperature materials. RSPA is changing the I.D. numbers for elevated temperature materials in the HMT to correspond with those in the UN Recommendations. RSPA received comments requesting that RSPA not adopt the proposed identification numbers for elevated temperature materials. The commenters noted that the old identification numbers have only been required since October 1, 1993, and that switching them after only one year will cause confusion and non-compliance. Another commenter requested an extended transition period for the change in identification numbers for elevated temperature materials in order to dispose of large supplies of markings. With the extended transition period being provided in this final rule, RSPA believes that any confusion related to the change of identification numbers will be minimal. Therefore, RSPA is not accepting commenters' requests and has adopted the shipping descriptions for elevated temperature materials as proposed. In addition, RSPA is revising the HOT mark illustrated in Sec. 172.325(c) to reflect the new UN identification number assigned to ``Elevated temperature material, liquid, n.o.s.'' Currently under the HMR, air bags are assigned to the Division 4.1 hazard class and the proper shipping name is limited to ``Air bag inflators'' or ``Air bag modules.'' Based on changes in the UN Recommendations, RSPA is revising the proper shipping name for air bags to include seat belt pre-tensioners and modules. The new proper shipping name is ``Air bag inflators or Air bag modules or Seat-belt modules or Seat-belt pre-tensioners.'' This entry also reflects a change in classification from Division 4.1 to Class 9, adoption of a new UN number, and removal of the ``D'' in Column 1. Two new domestic entries are added for ``toy caps'' and ``model rocket motors''. Model rocket motors containing 30 grams or less propellant are classed as Division 1.4S while items containing more than 30 grams but not more than 62.5 grams of propellant are classed as Division 1.4C. RSPA received numerous comments requesting a different packing method for these materials. The commenters requested packing method E-146(b) instead of packing method E-114 for these materials. RSPA has not adopted this request to allow the use of packing method E- 146 for these materials, but has modified packing method E-114 to allow plastic bags as inner packagings. Two new entries for ``Batteries, containing sodium'' and ``Cells, containing sodium'' are added in the HMT based on the UN Recommendations entry (UN 3292). Since these materials were previously authorized only under the terms of an exemption or competent authority approval, RSPA is adding a new packaging section, Sec. 173.189, that prescribes general packaging and transport requirements for these materials consistent with the UN Recommendations. Currently, in Column 1, a ``+'' is assigned to certain materials meeting the criteria of Division 6.1, Packing Group I, toxic by inhalation, but classed in another hazard class. The eighth revised edition of the UN Recommendations incorporated revisions to the hazard classification of these materials to Division 6.1, Packing Group I, toxic by inhalation. Therefore, the ``+'' is removed from Column 1 for any liquid poison by inhalation (PIH) material newly classed in Division 6.1, Packing Group I. The shipping name ``acetonitrile'' replaces the name ``methyl cyanide.'' The hazard class for ``Formaldehyde solutions'' currently shown as Class 9 is revised to Class 8. Numerous generic pesticide entries are revised to remove the ``n.o.s.'' from the shipping names. Revised generic shipping descriptions for Division 4.3 materials are prefaced by the words ``water-reactive'' in lieu of the words ``substances which in contact with water emit''. The prefix of the identification number for ``Polyester resin kits'' is changed to ``UN'' from ``NA'' and Special Provision 40 is added in Column 7 that specifies contents and packaging requirements for polyester resin kits. In addition, Special Provision 117 is removed from the entry corresponding to ``UN0150.'' The entry for alcoholic beverages is revised in Column 7 to include Special Provision 24, to indicate that alcoholic beverages with more than 70 percent alcohol by volume are assigned Packing Group II and alcoholic beverages containing more than 24 percent but not more than 70 percent alcohol are assigned Packing Group III. In addition, Sec. 173.150 is revised to increase (to five liters per inner packaging) the quantity of alcoholic beverage in a packaging excepted from the HMR and to provide an exception adopted in the UN Recommendations to permit Packing Group III alcoholic beverages transported in receptacles of 250 L (66 gallons) or less to be excepted from the HMR unless transported by air. One commenter requested that the shipping name ``ethanol'' also include Special Provision 24 because distilled spirits can be shipped under either ``alcoholic beverages'' or ``ethanol''. RSPA is not accepting this request. As the commenter noted, the addition of Special Provision 24 is simply a procedural modification of the existing classification procedure for alcoholic beverages. RSPA considers this commenter's request outside the scope of this rulemaking. RSPA received a comment requesting that the shipping name ``polystyrene beads expandable evolving flammable vapors'', be retained for domestic transportation. The commenter noted that the name had only been required since October 1, 1993, and that it is not cost-efficient to change in such a short period of time. RSPA is not accepting this request but believes that the lengthy transition period should offset any additional cost that may be incurred by the shipper. Several comments were received that objected to the proposal to remove from the HMT the entry ``Propellant explosive, solid, NA0274, 1.3C''. These commenters requested that this entry be retained because it allowed them to ship these 1.3C explosives by cargo only aircraft. RSPA is not adopting this suggestion and is removing this entry from the HMT. RSPA believes that there is not sufficient justification to create a domestic exception for Division 1.3 substances or to allow these explosive substances to be transported by cargo only aircraft when no other Division 1.3 substance is allowed to be transported by aircraft. Several comments were received regarding the shipping name ``azodicarbonamide'', a self-reactive material. Commenters believed that listing this material was ``superfluous'' considering the new classification scheme for self-reactive materials. RSPA concurs and has removed this entry from the HMR. One commenter requested several editorial changes to the shipping name ``Jet perforating guns, charged, without detonator'', which are adopted in this final rule. However, one suggestion, to remove the words ``without detonator'' from the shipping description, is not adopted. The commenter stated that packing method US006 allows detonators to be transported in jet perforating guns; therefore, the words ``without detonator'' should be removed from the shipping name. However, US006 only allows detonators to be transported with, not in, jet perforating guns. RSPA received comments disagreeing with the removal of the shipping name ``Petroleum oil''. Commenters stated that the name was important for compliance with the Oil Pollution Act requirements in 49 CFR Part 130, and requested that a domestic shipping description be added. RSPA concurs and is retaining the proper shipping name ``Petroleum oil'' with an identification number ``NA1270''. One commenter suggested that RSPA provide a non-bulk packaging exception for ``Resin solution'' comparable to the exception provided for paint under Sec. 173.173 of the HMR. The commenter claimed that an exception from the performance packaging requirements is provided for certain resin solutions under the UN Recommendations and the IMDG Code. The commenter stated that U.S. companies need the exception for Resin solutions to compete in the international marketplace. RSPA agrees with the commenter's suggestion and is adding in the Sec. 172.101 Table for the entry ``Resin solution'', in Column 8A, ``Sec. 173.173''. RSPA also is amending the section heading and the introductory text of paragraph (b) of Sec. 173.173 to include resins. In the notice, RSPA proposed to add several generic proper shipping names including the words, ``organic'', ``inorganic'', ``acid'', or ``base''. In addition, RSPA proposed new identification numbers for generic shipping descriptions for liquefied gases. RSPA received several comments on these proposals. Many of the commenters were opposed to these new terms claiming that the information would not provide any additional information to emergency responders and would be very costly to implement. If adopted, commenters requested that RSPA provide guidance on the definition of these terms. One commenter suggested that ASTM Test Methods D-664 and D-2896 should be used to determine if a material is an acid or a base. Comments were received that supported the use of these terms, and RSPA received numerous comments supporting international harmonization of transportation regulations. RSPA understands the concerns expressed by those commenters that terms such as ``inorganic'' and ``organic'' provide little useful information to emergency responders. However, RSPA believes that more harm and confusion would be caused by adopting different shipping names for domestic and international transportation for these numerous generic shipping descriptions than would be caused if these shipping names were adopted. Therefore, RSPA is adopting, as proposed, and without domestic exceptions, the generic shipping descriptions bearing the words ``inorganic'', ``organic'', ``acid'', and/or ``base'' and the new identification number for liquefied gases. In addition, the extended transition period being provided in this final rule will give industry adequate time to revise their shipping papers and package markings. The following provides some general guidance on the definition of these terms. For acids and bases, RSPA believes that the ASTM methods referenced by commenters would be an acceptable method for determining if a material is an acid or base. However, RSPA is not requiring persons to use those methods. For an aqueous solution, the use of pH and litmus paper is an acceptable method for determining if a material is an acid or base. For a non-aqueous solution, shippers must use their knowledge of the constituents of the material and make a determination as to whether a material is an acid or base. For a material that is neither an acid nor a base, the correct shipping name will be ``Corrosive liquid, n.o.s.''. The definition of an ``organic'' is a compound with carbon atoms bonded to other carbon, nitrogen or hydrogen atoms (e.g., amines, acid chlorides, acetic acids, phenols). An ``inorganic'' is any pure element or any compound that does not have carbon atoms bonded to other carbon, nitrogen or hydrogen atoms (e.g., sodium hydroxide, sulfuric acid). Shippers must make a determination, based on the constituents of their material, if their material is inorganic or organic. In the NPRM, RSPA proposed to add three new proper shipping names to the HMT for samples of non-pressurized gases in Divisions 2.1 and 2.3. In response to the NPRM, one commenter urged RSPA to remove the proposed entries for gas samples in the HMT. The commenter claimed that non-pressurized flammable gases are not subject to the HMR and that including gas samples under the HMR would increase shipping costs and delay shipments. The commenter also recommended that RSPA adopt criteria in Sec. 173.115 to limit the definition of Division 2.1 to gases which exert a pressure of 280 kPa (41 psia) or greater at 20 deg.C (68 deg.F). Alternatively, the commenter recommended that RSPA add a packaging exception for gas samples in quantities less than two liters in each receptacle and remove proposed Special Provision 35 and the non-bulk packaging references to Secs. 173.302 and 173.304 for the gas sample entries in the HMT. RSPA disagrees with the commenter's recommendation to remove the entries for gas samples because these materials are currently regulated under the HMR. The commenter's understanding of Division 2.1 criteria is incorrect. Non-pressurized gas samples are presently subject to the HMR if they meet the hazard class criteria in Sec. 173.115. Division 2.1 or 2.3 materials are not limited to gases which exert a pressure of at least 280 kPa (41 psi) at 20 deg.C (68 deg.F). RSPA simply is providing more descriptive proper shipping names for non-pressurized gas samples. Therefore, RSPA is adopting the gas sample entries as proposed. In addition, RSPA is retaining the non-bulk packaging references in the Table for persons who want to ship larger quantities of gas samples. However, RSPA agrees with the commenter concerning the need to address gas samples in the exceptions and is removing proposed Special Provision 35 and revising the provisions in Sec. 173.306 to specifically address gas samples. One commenter submitted data indicating that ``Diphenylmethane- 4,4'diisocyanate'' does not meet Division 6.1, Packing Group III criteria under the HMR. Another commenter verified that ``2-Bromo-2- nitropropane-1,3-diol'' does not meet the criteria for Division 6.1 under the HMR. The commenter requested that RSPA add an ``I'' in the first column of the Sec. 172.101 Table for the entry ``2-Bromo-2- nitropropane-1,3-diol'' to distinguish it from a domestically regulated hazardous material. RSPA agrees that these materials are not hazardous materials in domestic transportation. However, to facilitate international transportation, RSPA is retaining the entries for Diphenylmethane-4,4'diisocyanate and 2-Bromo-2-nitropropane-1,3-diol and adding an ``I'' in the first column to indicate that these materials are regulated in international transportation. One commenter requested that RSPA remove the poison inhalation hazard (PIH) designation for ``Allyl isothiocyanate, stabilized'' because the material does not meet the PIH criteria in Sec. 173.133. Based on supporting data submitted by the commenter, RSPA agrees with the assessment and is removing the PIH designation for Allyl isothiocyanate, stabilized, in the HMT. RSPA received one comment regarding the hazard zone designation for ``Allyl chloroformate.'' The commenter provided information which indicates that the hazard zone for allyl chloroformate should be Zone B and not Zone A. RSPA agrees that the hazard zone designation for allyl chloroformate should be ``Zone B'' and is amending the hazard zone designation for this material rather than issuing an approval under Sec. 172.101(l)(2). In addition, data provided by a commenter indicates that the hazard zone for trichloroacetyl chloride is Zone B, not Zone A, as previously indicated on the HMT. Therefore, RSPA is modifying this shipping description to indicate that trichloroacetyl chloride is a Hazard Zone B PIH material. One commenter objected to RSPA's proposal to add a proper shipping name for ``Pentachlorophenols'' classed as Division 6.1, Packing Group II when an existing entry ``Chlorophenols, solid'' carries a Division 6.1, Packing Group III classification. The commenter contended that the ``Keep Away From Food'' label adequately conveys the nature of hazard posed by these materials. RSPA added ``Pentachlorophenols'' in the HMT and designated it as Division 6.1, PG II based on the UN Recommendations. However, according to Sec. 172.101(c)(12), if it has been determined that a material meets the definition of a hazard class, packing group, or hazard zone other than the class, packing group, or hazard zone shown in association with the proper shipping name, another shipping description shall be selected that appropriately describes the material. Therefore, RSPA is adding the entry for Pentachlorophenols as proposed. RSPA received several comments requesting that Maneb and Maneb preparations that do not meet the definition of any hazard class, be excepted from the HMR when transported by motor vehicle, rail car, or aircraft. Commenters noted that Special Provision 140 of the UN Recommendations allows the competent authority to deregulate Maneb. In addition, the commenters noted that exemption DOT E-11037 allows this material to be shipped unregulated. RSPA concurs and has added Special Provision 53 to Maneb (UN2968) which states that Maneb not meeting the definition of Division 4.3 or any other hazard class is not subject to the HMR when transported by aircraft, motor vehicle, or rail car. RSPA received a comment requesting that it add the shipping description ``Dangerous goods in apparatus/ machinery'' to the HMT. The commenter stated that this shipping name, which is listed in the ICAO Technical Instructions but not the UN Recommendations, is very sensible and will be beneficial to both shippers and carriers alike. RSPA agrees that this name would be beneficial to the industry but believes that the packaging provision, for both air and ground transport, should be subject to appropriate public notice and comment. Therefore, RSPA is not adopting, in this rule, this commenter's suggestion to add the shipping name ``Dangerous goods in apparatus/machinery'' to the HMT. However, shipments described and prepared in accordance with the ICAO Technical Instructions and Sec. 171.11 may be transported domestically by aircraft and by motor vehicle either before or after being transported by aircraft. One commenter suggested that RSPA incorporate an IM tank authorization into the HMR for 2-Ethyhexyl- chloroformate equivalent to the tank authorization under the IMDG Code and under an approval (SA-9407006) issued by OHMS. RSPA is adding Special Provision T12 in Column 7 of the HMT for 2- Ethyhexylchloroformate which eliminates the need for an approval. In the NPRM, RSPA proposed to add subsidiary labeling requirements for Class 2 materials. As a result, subsidiary labels were added in Column 6 of the HMT for Class 2 materials, including Chlorine, meeting more than one hazard class. RSPA proposed to add Corrosive and Oxidizer subsidiary labels for Chlorine. One commenter contended that the yellow Oxidizer label is more visible than the black and white Poison gas label and may cause confusion in determining the primary hazard. RSPA has determined that the Corrosive subsidiary label is necessary because of the material's effects on skin tissue; however, RSPA is removing the Oxidizer subsidiary label for Chlorine because it is unnecessary. One commenter objected to the proposal to change the order of the descriptive words in the basic shipping description to coincide with the precedence of hazards. The commenter cited limited safety benefit and high costs as reasons not to adopt the proposed changes. Though RSPA agrees that these changes have limited safety benefit, RSPA believes that adoption of a domestic-only name for these descriptions is not justified. In addition, most of the costs the commenter cited should be ameliorated by the lengthy transition period being provided. RSPA proposed to add new entries for solid materials containing flammable, corrosive, or toxic liquids in the NPRM. One commenter requested clarification on whether these new entries included solid materials that were previously not regulated. The commenter stated that RSPA's intent was not adequately clarified in the special provisions designated for the materials. Another commenter requested clarification of the phrase ``packaging must correspond to a design type that has passed a leakproof test at the Packing Group II level'' in Special Provisions 47, 48, and 49. RSPA is adding the entries for solid materials containing flammable, corrosive, or toxic liquids in this rule to provide shippers with additional generic entries to describe solids that contain liquids that are either flammable, corrosive, or toxic (e.g., soil contaminated with toxic material from an underground storage tank) and have not been tested to verify the hazard class. However, if free liquid is present at the time the material is loaded, these shipping descriptions may not be used. The new entries are not intended to regulate non-hazardous materials (i.e., those materials that do not meet any hazard class definition). The phrase regarding the leakproof test is intended to have these materials transported in a packaging whose ``design type'' has been leakproof tested. Therefore, only the design, not every packaging, need be subjected to the leakproof test. One commenter objected to RSPA's proposed amendment to require a CORROSIVE subsidiary label in addition to a POISON GAS primary label on packages containing dry sulfur dioxide. The commenter stated that the material is not corrosive to carbon or stainless steel, and the commenter expressed concern that addition of a CORROSIVE label will require more frequent cargo tank inspections under Sec. 180.407. In the context of Sec. 180.407, corrosive lading means that a material has a corrosive effect on a cargo tank. It is the shipper's responsibility to determine whether a material is corrosive to the material of construction of a cargo tank. Because of the corrosive effects dry sulfur dioxide has on skin tissue, RSPA is adopting the Class 8 subsidiary label as proposed. RSPA received several comments requesting new bulk packagings for chlorosulfonic acid, dimethyl sulfate, and titanium tetrachloride. RSPA is not accepting these comments because they are beyond the scope of this rulemaking. RSPA is making several changes to the IBC authorizations in the HMT based on petitions for reconsideration received to Docket HM-181E. RSPA will handle all other petitions received to Docket HM-181E in a future Federal Register publication. The following materials will be allowed, through a revised Special Provision B110, to be transported in IBCs authorized in Sec. 173.242(d): UN2030, UN2014, U3149, UN2078, UN1790, UN2076, UN2022. In addition, Special Provision B100, which does not allow the use of IBCs, is removed from ``Chloropicrin mixtures, n.o.s, 6.1, UN1583, Packing Group III''. Special Provision B53 also is revised to indicate that it does not apply to IBCs. The following tables identify those entries that are: (1) Deleted; (2) significantly changed; or (3) added. An entry is considered significantly changed if there is a change in (1) the shipping name, (2) IM tank authorization, (3) subsidiary labeling, (4) classification, or (5) packaging. Each entry is identified by its identification number which, along with the cross-reference table appearing in the HMR prior to the HMT, can be used to identify the affected entries. Unless otherwise indicated, the identification numbers are ``UN'' numbers: List of Entries Deleted From the Sec. 172.101 Table ---------------------------------------------------------------------------------------------------------------- NA1086................. 0416 **1270 1705 2497 3030-3043 NA2255*................ .............. .............. .............. .............. ....................... NA2810*................ 1118 1271 1864 2553 NA9259* NA2811*................ 1255 1584 2207 2860 NA9276* 0273................... 1256 1592 2229 2951-2955 ....................... 0274................... 1257 1703 2449 2970-2973 ....................... ----------------------------------------------------------------------------------------------------
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