{"operation":"document","citation":"61 FR 55364","title":"Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions","source_type":"rulemaking","agency":"Research and Special Programs Administration","status":"proposed","official":true,"published_on":"1996-10-25","effective_on":null,"summary":"This notice proposes to amend 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 proposed revisions are necessary to facilitate the transport of hazardous materials in international commerce.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-96-25547.json","markdown":"https://regulus.evalyn.ai/document/federal-register-96-25547.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-96-25547","source_url":"https://www.federalregister.gov/documents/1996/10/25/96-25547/harmonization-with-the-united-nations-recommendations-international-maritime-dangerous-goods-code","body":"Federal Register, Volume 61 Issue 208 (Friday, October 25, 1996) [Federal Register Volume 61, Number 208 (Friday, October 25, 1996)] [Proposed Rules] [Pages 55364-55410] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 96-25547] [[Page 55363]] _______________________________________________________________________ Part II Department of Transportation _______________________________________________________________________ Research and Special Programs Administration _______________________________________________________________________ 49 CFR Parts 171, et al. Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Proposed Rule Federal Register / Vol. 61, No. 208 / Friday, October 25, 1996 / Proposed Rules [[Page 55364]] DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171, 172, 173, 175, 176, 178 [Docket No. HM-215B; Notice No. 96-20] RIN 2137-AC82 Harmonization With 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: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This notice proposes to amend 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 proposed revisions are necessary to facilitate the transport of hazardous materials in international commerce. DATES: Comments must be received by November 25, 1996. ADDRESSES: Address comments to the Dockets Unit (DHM-30), Research and Special Programs Administration, U.S. Department of Transportation, Washington, D.C. 20590-0001. Comments should identify the docket and be submitted in five copies. Persons wishing to receive confirmation of receipt of their comments should include a self-addressed stamped post card. The Dockets Unit is located in Room 8421 of the Nassif Building, 400 Seventh Street, SW., Washington, D.C. Public dockets may be reviewed between the hours of 8:30 a.m. and 5 p.m. Monday through Friday, except for Federal holidays. FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International Standards Coordinator, telephone (202) 366-0656, or Beth Romo, Office of Hazardous Materials Standards, telephone (202) 366-8553, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, S.W., Washington, D.C. 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 national, regional, and international modal regulations (specifically the IMDG Code, issued by the International Maritime Organization (IMO), and the ICAO Technical Instructions, issued by the ICAO Dangerous Goods Panel). 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 (subject to certain conditions and limitations). On December 29, 1994, RSPA issued a final rule [Docket HM-215A; 59 FR 67390] amending the HMR by incorporating changes to more fully align the HMR with the seventh and eighth revised editions of the UN Recommendations, Amendment 27 to the IMDG Code and the 1995-96 ICAO Technical Instructions. The final rule provided consistency with international air and sea transportation requirements which became effective January 1, 1995. This NPRM proposes changes to the HMR based on the ninth revised edition of the UN Recommendations, the 1997-98 ICAO Technical Instructions, and Amendment 28 to the IMDG Code. It is intended to more fully align the HMR with international air and sea transport requirements which become effective on January 1, 1997. Other proposed changes are based on feedback from the regulated industry and RSPA initiatives. II. Overview of Proposed Changes Some of the more significant proposed amendments in this notice include: --A new definition for ``Aerosol'' and two new definitions for packagings--``salvage packaging'' and ``intermediate packaging''--would be added. ``Intermediate packaging'' is a term used for explosives packagings in the explosive packaging tables. --New provisions for marking and use of salvage packagings. --Amendments to the Hazardous Materials Table (HMT) which add, revise or remove certain proper shipping names, hazard class, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. --Addition and removal of certain entries to the List of Marine Pollutants. --New packaging requirements for explosives. --More specific tests and criteria for classifying and assigning packing groups to flammable solids, pyrophoric liquids and solids, self-heating materials and water reactive materials. --New definitions and packing group assignments for Division 5.1 solid and liquid materials based on new test methods and criteria. --Revised definitions and packaging requirements for Division 5.2, Organic Peroxides including amendment of the diluent type B definition and requirements pertaining to the use of diluents for desensitization of organic peroxides. --New criteria for classifying and assigning packing groups to mixtures of Division 6.1 materials possessing oral and dermal toxicity hazards. --Addition of new self-reactive substances and revision of certain other self-reactive substances, based on amendments to Table 14.4 in the UN Recommendations. --Amendments to the requirements for 31HZ2 composite intermediate bulk containers (IBCs). III. Summary of Regulatory Change by Section Part 171 Section 171.7. Various American Society for Testing and Materials (ASTM) standards would be added or updated, including an ASTM standard for flash point determination (ASTM D-3828-93) which establishes whether a material is capable of sustaining combustion in relation to classifying flammable liquids (ASTM D-4206-94), [[Page 55365]] and the ASTM standard for assessing corrosivity to metals (ASTM G 31-72 (Reapproved 1995)). ASTM D-3828-93 is the Standard Test Method for Flash Point by Small Scale Closed Tester. This method is equivalent to ASTM D-3278 but specifically applies to testing petroleum products and lubricants. ASTM D 4206-89 (Reapproved 1994) Standard Test Method for Sustained Burning of Liquid Mixtures by the Setaflash Apparatus (Open Cup) is equivalent to the test method currently provided in Part 173, Appendix H-- Method of Testing for Sustained Combustibility. In addition, the most current versions of the ICAO Technical Instructions, the IMDG Code, the UN Recommendations and the UN Manual of Tests and Criteria would be incorporated. Two references would be added for incorporation under the Transportation of Dangerous Goods (TDG) Regulations issued by Transport Canada. These new entries reference Schedule 21 and Schedule 22, which were adopted in 1995. Section 171.8. A new definition for ``Aerosol'' would be added, consistent with provisions of Sec. 173.306(a)(3). The definition for aerosols in the IMDG Code and the ICAO Technical Instructions includes containers that are filled solely with a gas, whereas aerosol containers authorized in Sec. 173.306(a)(3) may be charged with a gas only for the purpose of expelling a liquid, powder or paste. Corresponding proposed changes in Secs. 171.11, 171.12 and 171.12a would clarify the proposed definition of aerosols as it applies to aerosols imported in accordance with the ICAO Technical Instructions, the IMDG Code and the TDG Regulations. In addition, a definition for ``SADT'' (self-accelerating decomposition temperature) would be added with a reference to Sec. 173.21(f) for determining SADT. New definitions for salvage packagings and intermediate packagings would be added consistent with those in the UN Recommendations. Intermediate packagings are prescribed in Part 173 for certain explosives. Sections 171.11, 171.12, and 171.12a. These sections authorize shipments prepared under the ICAO Technical Instructions, the IMDG Code, and the TDG Regulations, respectively. The following proposed changes apply to all three sections. RSPA is proposing to remove the requirement to include the words ``Dangerous When Wet'' on shipping papers in association with the basic description for Division 4.3 materials. This proposal is based on RSPA's belief that the ``Dangerous When Wet'' hazard is adequately communicated through an indication of the Division 4.3 hazard class as part of the basic description on shipping papers. In addition, packagings are required to be labeled with Division 4.3 labels, and transport vehicles and bulk packagings are required to display Division 4.3 placards. Furthermore, emergency responders primarily use the UN number or shipping description as a basis for determining appropriate actions to be taken in the initial stages of an incident involving hazardous materials. The words ``Toxic Inhalation Hazard'' would be added as an alternative to ``Poison Inhalation Hazard'' or ``Inhalation Hazard'' and ``Toxic'' or ``Toxic Gas'' would be added as alternatives to ``Poison'' or ``Poison Gas''. New provisions would be added, as discussed above for Sec. 171.8, to allow only aerosols meeting the definition of ``aerosol'' in Sec. 171.8 or small receptacles containing gas conforming to Secs. 173.304 and 173.306 to be imported in accordance with the ICAO Technical Instructions, IMDG Code and TDG regulations. Part 172 Section 172.101. A new paragraph (c)(14) would be added to allow isomers of materials listed in the HMT which meet the same hazard class, subsidiary risk and packing group to be identified using the listed shipping description. A new paragraph (c)(15) would be added to allow hydrates of inorganic substances to be described using the proper shipping name for the equivalent anhydrous material. Paragraph (f) would be revised to acknowledge that Division 6.2 materials (other than regulated medical waste) do not have packing group assignments. The Hazardous Materials Table (HMT) would be revised as follows: New Packing Group I entries would be added for certain commodities, including Adhesives, Resin solutions, Paint and Paint-related material, Disinfectants, Dyes, and Oxidizing liquid, n.o.s. An alternative proper shipping name ``Refrigerant gas'' plus the ``R'' number would be added to numerous entries, consistent with the ninth revised edition of the UN Recommendations. Current entries that contain an italicized ``R'' number would be revised to include the ``R'' number in Roman type as part of the ``Refrigerant gas'' alternative proper shipping name. Certain Class 1 entries assigned NA numbers for domestic transportation would be removed. These include Explosive pest control devices and Propellant explosives (both liquid and solid). Domestic exceptions for these explosives would be incorporated into the proposed explosive packing instructions, where applicable. New entries would be added for compressed gases and liquefied gases which are toxic and also meet flammable, corrosive, or oxidizing criteria. Packaging authorizations for the current entry ``Gas, refrigerated liquid'' would be revised to reference the packaging provisions for cryogenic liquids. In addition, two new entries ``Gas, refrigerated liquid, flammable, n.o.s.'' and ``Gas, refrigerated liquid, oxidizing, n.o.s.'' would be added. Several entries, such as Phenyl isocyanate and Phosphorous trichloride, would be amended by revising the primary hazard class in Column (3) and/or Packing Group in Column (5). For some entries, such a change in hazard class or packing group also would result in a corresponding removal of the ``+'' in Column (1). In Column (2) of the HMT, several proper shipping names are listed in Roman type, indicating that they are authorized proper shipping names. However, they are not listed as proper shipping names under the UN Recommendations, the ICAO Technical Instructions, or the IMDG Code. For consistency with the international regulations, RSPA proposes to amend a number of proper shipping names, including ``Aircraft evacuation slides'', from Roman type to italics to indicate that they are no longer authorized proper shipping names. RSPA is not proposing to remove them from the Sec. 172.101 Table because they provide guidance by referencing authorized proper shipping names, e.g., ``Calcium selenate, see Selenates or Selenites''. Certain entries, such as Diphenylmethane-4,4'-diisocyanate or Methyl benzoate, (which do not meet toxicity criteria for a Division 6.1 Packing Group III material), would be removed. These commodities were deleted from the List of Dangerous Goods in the ninth revised edition of the UN Recommendations. Various proper shipping names would be clarified by the addition or removal of the word ``compressed'', ``inhibited'', ``liquefied'' or ``solution''. RSPA is proposing adjustments to quantity limits for certain materials identified as poisonous by inhalation when transported by passenger or cargo aircraft or passenger railcar. Numerous proposed changes are consistent with current quantity limits prescribed in the ICAO Technical Instructions. Certain other materials would be forbidden for transportation by aircraft or passenger [[Page 55366]] railcar because they have been identified as poisonous by inhalation and assigned Hazard Zone A for liquids and Hazard Zones A and B for gases. Other changes to the HMT include: (1) creating separate entries for ``Ammonia, anhydrous'' and ``Ammonia solutions''; (2) adding ``First aid kits'' as an alternative proper shipping name for the entry ``Chemical kits'' if the first aid kits contain hazardous materials; (3) adding new entries for ``Chemical sample, toxic, liquid (or solid)'' to recognize samples taken for analysis in conjunction with procedures addressing antiproliferation measures associated with chemical weapons; (4) combining entries for ``Chlorite solution'' and ``Hypochlorite solutions''; (5) removing ``Methyl alcohol'' as an authorized proper shipping name for ``Methanol'' but retaining it in italics as a cross reference; (6) adding a Class 3 subsidiary risk in Column (6) for several entries; and (7) creating a new entry for ``Aerosols (engine starting fluid)'' to indicate that these aerosols are prohibited on both passenger and cargo only aircraft. Appendix B to Sec. 172.101. A number of materials would be added, removed or amended in the HMR's List of Marine Pollutants. The changes would be based on Amendment 27 (to the extent not already incorporated in HM-215A) and Amendment 28 of the IMDG Code. Section 172.102. A new special provision 15 would be added to prescribe quantity limits and packaging for chemical kits and first aid kits. Other special provisions would be added to authorize reclassification for certain commodities and to provide exceptions based on testing, concentrations, or stabilization for materials such as Maneb, aqueous solutions of inorganic solid nitrates, Ferrocerium, and Ammonium nitrate. A new special provision A25 would be added to authorize polyester resin kits in certain quantities to be packaged in non-specification packagings for transportation by aircraft. In addition to revising the proper shipping name ``Aluminum smelting by-products or Aluminum remelting by-products'' (formerly Aluminum processing by-products), a new special provision B115 would be assigned to this entry to permit certain non-specification bulk packagings for these products. Special provision N50, which provides an exception from Class 9 labeling for marine pollutants that are not hazardous substances or hazardous wastes, would be removed. This is consistent with Amendment 28 of the IMDG Code, which requires that Class 9 substances for which no label was required must now display a Class 9 label. Section 172.203. RSPA is proposing to remove the requirement in paragraph (j) that the words ``Dangerous When Wet'' be annotated on shipping papers. As discussed previously, RSPA believes that the ``Dangerous When Wet'' hazard is adequately communicated through an indication of the Division 4.3 hazard class as part of the basic description on shipping papers. In addition, packagings are required to be labeled with Division 4.3 labels, and transport vehicles and bulk packagings are required to display Division 4.3 placards. Furthermore, emergency responders primarily use the UN number or shipping description as a basis for determining appropriate actions to be taken in the initial stages of an incident involving hazardous materials. The list of generic proper shipping names which require inclusion of a technical name in paragraph (k)(3) would be amended by adding several entries for hydrocarbon gases, hydrocarbon gas mixtures, and compressed or liquefied toxic gases which have a subsidiary hazard of oxidizer, corrosivity or flammability. In addition, RSPA is proposing to add the word ``Toxic'' and the phrase ``Toxic-Inhalation Hazard'' in paragraph (m)(3) as an alternative to ``Poison''. RSPA also is proposing a new paragraph (m)(4) to provide an exception from the requirement to indicate on a shipping paper that a material is toxic if the toxicity of the material is based solely on corrosive destruction of tissue rather than systemic poisoning. This proposed exception corresponds to an exception from subsidiary risk labeling adopted under HM-215A. Part 173 Section 173.3. Paragraph (c)(3) would be amended to authorize the word ``SALVAGE'' as an alternative marking for salvage drums. In addition, a new paragraph (c)(7) would be added to allow the use of salvage packagings which have been certified and marked to UN standards. However, RSPA is not proposing to make mandatory other marking requirements adopted in the UN Recommendations such as: (1) adding the letter ``T'' in the package specification markings following the package identification code (e.g. 1A2T/Y300/...); (2) annotating the words ``SALVAGE PACKAGING'' after the basic description on the shipping papers; and (3) adopting salvage packaging performance tests requiring salvage packagings to be tested at the Packing Group II level using liquid as the test medium. It is RSPA's view that additional costs incurred by such marking and performance testing requirements are not justified because salvage packaging provisions currently prescribed in the HMR are adequate. Section 173.21. The last sentence of paragraph (f) would be revised to correctly reference the UN Manual of Tests and Criteria. Section 173.32c. Based on a letter from an intermodal portable tank owner requesting consistency with a provision in the IMDG Code, RSPA is proposing to revise paragraph (j) to require that an intermodal (IM) portable tank or its compartment having a volume greater than 7500 L must have a minimum filling density of 80 percent. Currently, the HMR prohibits any IM portable tank or compartment of an IM portable tank having a volume greater than 5000 L from being filled to less than 80 percent by volume. This proposed change is consistent with other international codes related to minimum filling requirements. RSPA is soliciting comments concerning how many compartmented IM portable tanks are currently in service, and the capacities of those tanks. Section 173.35. Under the IMDG Code, 31HZ2 composite IBCs are required to be transported in closed freight containers or transport vehicles for transportation by vessel. RSPA is not proposing any comparable requirement for domestic transportation by any mode at this time. Section 173.60. This section would be amended for consistency with the UN Recommendations. The proposed amendments are largely editorial and serve to streamline and consolidate general requirements for packaging explosives while eliminating redundant and unnecessary requirements. These proposed amendments serve to more clearly convey the general packaging requirements applicable to packaging explosives for transportation without imposing new requirements. Section 173.62. The Explosives Table, which identifies explosives packing methods, would be revised to be consistent with recent changes adopted in the UN Recommendations. New packaging methods have been developed by the UN Committee of Experts on the Transport of Dangerous Goods. This effort incorporated suggestions from the explosives industry and national defense departments, including the US Department of Defense. The new methods would be significantly more flexible than the methods currently prescribed in the Explosives Table and would incorporate a broader range of [[Page 55367]] options for authorized inner, intermediate and outer packagings than currently permitted. In several instances, inner and intermediate packagings would no longer be required. For instance, certain blasting explosives with hard outer casings would not be required to be packaged in inner packagings. A new packing method (Packing Instruction 117) would incorporate authorization to transport certain Division 1.1D and 1.5D explosives in IBCs. Many of the explosive packing methods amendments were based on comments received from Department of Defense and explosive industry representatives, and on competent authority approvals and exemptions issued to shippers of explosives. The current packing method designations (for example, E-15, E-159) would be replaced by Explosives Packing Instructions consistent with those adopted in the ICAO Technical Instructions. The proposed Packing Instructions would use designations ranging from Packing Instruction 101 through 144. Twenty-nine Packing Instructions are proposed. Packing Instruction 101 would be similar to E-103 in the current regulations in that it would cover explosives requiring competent authority packaging approval. Packing Instructions 110 through 117 would apply to explosive substances. Packing Instructions 130 through 144 would apply to explosive articles. Under the current requirements five packing methods require competent authority approval (E-102, E-103, E-138, E-146 and E-149). The proposed Packing Instruction 101 would include all explosives requiring competent authority packaging approval under a single packing method. In addition, many explosives (particularly those shipped under not otherwise specified (n.o.s.) entries) which currently require competent authority packaging approval would be assigned to specific packing methods eliminating the requirement for the competent authority to approve the packaging for these explosives. A statement indicating that Packing Instruction 101 may be used for any explosive, subject to the approval of the Associate Administrator for Hazardous Materials Safety, would be added to authorize the competent authority to approve packagings not covered in the Explosives Packing Instructions. If adopted, these amendments would enhance safety, provide greater packaging flexibility and reduce the regulatory and paperwork burden on shippers of explosives. The paragraph (d) table of particular packaging requirements and exceptions would be removed, as these provisions would be incorporated into the proposed Explosives Packing Instruction Table and the general packing requirements in Sec. 173.60. For clarity, and because of the extensive changes to the content and format of the tables, the entire proposed Explosives Table and Explosives Packing Instruction Table have been reprinted. Section 173.124. Amendments to the test methods for flammable solids, pyrophoric materials, self heating substances and water reactive materials are proposed, consistent with the UN Recommendations. The Self-Reactive Materials Table would be updated to include seven new substances, consistent with the UN Recommendations. In the ninth revised edition of the UN Recommendations, Figure 14.2 (Flow Chart for Self-Reactive Substances) was amended. Paragraph (a)(2)(iv) of that chart is used to determine the generic type for a self-reactive material. Section 173.125. The criteria for classification and packing group assignment for readily combustible materials of Division 4.1 would be amended for consistency with the UN Recommendations. Reference to Appendix E (which would be removed) would be replaced by references to the UN Manual of Tests and Criteria. In paragraph (b), the UN burning rate test and criteria for classification would be incorporated. The classification criteria for readily combustible materials would be amended to require powdered, granular and pasty materials to be classified in Division 4.1 when the burning time for one or more of the test runs, according to the UN burning rate test method, is less than 45 seconds or the rate of burning is more than 2.2 mm/s. Powders of metals or metal alloys would be classified in Division 4.1 when they can be ignited and the reaction spreads over the whole length of the sample in 10 minutes or less. Readily combustible solids would be assigned to Packing Group II if the burning time is less than 45 seconds and the flame passes the wetted zone. Packing Group II would be assigned to powders of metal or metal alloys if the zone of reaction spreads over the whole length of the sample in five minutes or less. Packing Group III would be assigned if the burning time is less than 45 seconds and the wetted zone stops the flame propagation for at least four minutes. Packing Group III would be assigned to metal powders if the reaction spreads over the whole length of the sample in more than five minutes but not more than ten minutes. In paragraph (c), Packing Group II and III assignment criteria for self-heating materials would be amended. The criteria would be revised to more accurately account for the volume of material being transported. For instance, certain self-heating materials which are packaged and transported in volumes less than 3 cubic meters or in quantities less than 450 liters would not be subject to the requirements of the HMR. In paragraph (d), the packing group assignment criteria would be amended consistent with the UN Recommendations. These amendments would not significantly affect the packing group assignment criteria, but would be purely editorial to clarify the meaning of ``spontaneous ignition.'' Section 173.127. Proposed changes to this section would amend the definition for solid oxidizers and introduce a new definition, test, and criteria for liquid oxidizers. Liquid oxidizers would not be classified by analogy as currently required in the HMR. The references to Appendix F would be replaced by a reference to the UN Manual of Tests and Criteria. Paragraph (b)(2) would be revised to include a statement indicating that the material must be tested in the concentration offered for transport. The criteria for packing group assignment would be revised to specify the ratios of solid oxidizing material and cellulose used in assessing the burning characteristics for comparison with the burning characteristics of potassium bromate, potassium perchlorate or potassium persulphate and cellulose mixtures. The revised criteria would be clearer, more precise and would eliminate the ambiguity associated with the criteria currently provided in the HMR. Paragraph (b)(3) would be replaced with packing group assignment criteria for liquid oxidizers adopted in the ninth revised edition of the UN Recommendations. Incorporating specific criteria for liquid oxidizers would provide a more precise means for shippers to classify these products and would eliminate ambiguity involved in classifying these materials by analogy. Section 173.128. In paragraph (c)(3) the reference to the UN Manual of Tests and Criteria would be amended to reflect its correct title. Paragraph (d) would be amended to update the reference to Figure 11.2 (Classification and Flowchart Scheme for Organic Peroxides). Section 173.132. A new paragraph (b)(3)(iii) would be added to clarify when solid and liquid materials are [[Page 55368]] required to be tested for acute toxicity by inhalation. Current paragraph (c) would be redesignated as paragraph (d), and a new paragraph (c) would be added to authorize three methods for use in classifying and assigning packing groups to mixtures of materials possessing oral and dermal toxicity characteristics. Section 173.136. A new paragraph (c) would be added to clarify that skin corrosion test data developed prior to September 30, 1995, would continue to be valid. In the preamble to the HM-215A final rule (December 29, 1994; 59 FR 67400), RSPA stated that it would not require retesting of materials classified under the previous test method in Appendix A of Part 173. Section 173.137. Paragraph (b) would be revised to clarify that, when determining whether a material meets Class 8 Packing Group II, the material cannot meet Class 8 Packing Group I. Section 173.152. Limited quantity provisions would be added for polyester resin kits being transported by highway, rail or vessel. Section 173.162. A new sentence would be added at the end of the paragraph to provide an exception from the HMR for small quantities of gallium contained in manufactured articles or apparatuses. Section 173.166. This section would be revised to remove all references to ``seat-belt modules,'' consistent with changes in the UN Recommendations. Packaging provisions in paragraph (e) would be revised to add drums, jerricans, and plastic boxes to the array of authorized packagings. In addition to non-specification containers currently authorized for transporting air bags within a controlled distribution system, RSPA is proposing to also specifically authorize dedicated handling devices. Section 173.185. This section would be revised for consistency with changes adopted in the ninth revised edition of the UN Recommendations and in the ICAO Technical Instructions. Currently there are different quantity limitations in the HMR for determining whether lithium cells and batteries may be designated as items of Class 9 on the basis of whether they meet the tests and criteria provided in the UN Manual of Tests and Criteria. These limitations also apply to lithium cells and batteries contained in equipment. The limitations are based on whether the cells or batteries will be transported on passenger or cargo aircraft. Consistent with the ICAO Technical Instructions, RSPA is proposing to allow cells containing not more than 12 grams of lithium or lithium alloy and batteries containing not more than 500 grams of lithium or lithium alloy to be designated as Class 9 when transported by passenger or cargo aircraft. This would also apply to lithium cells and batteries contained in equipment under specified conditions. RSPA is also proposing to expand the types of packagings authorized for transporting cells and batteries by aircraft to include an array of boxes, drums, and jerricans. Additionally, RSPA is proposing to eliminate the requirement for equipment containing lithium cells and batteries to be packaged in waterproof outer packaging if the equipment itself is constructed to be waterproof (i.e., lifesaving equipment designed to function underwater). Sections 173.201-173.203 and 173.211-173.213. Aluminum jerricans, 3B1 or 3B2, would be added as authorized packagings in each of these sections. Section 173.220. Consistent with proposed changes in Sec. 176.905 for wet batteries transported by vessel, paragraph (c)(1) would be revised to remove the reference to Sec. 176.905 and to state that a motor vehicle or mechanical equipment which is electrically powered is not subject to the HMR. Section 173.224. In paragraph (b), the Self-Reactives Materials Table would be revised by adding seven new entries. The Packing Method Table for Generic Types in paragraph (c)(3) would be removed because the information is specifically listed in the Self-Reactives Materials Table, and paragraph (c)(4) would be redesignated paragraph (c)(3). Section 173.225. Paragraph (b) explains column headings in the Organic Peroxide table. Specifically, paragraph (b)(2) describes the information comprised in the column entitled ``ID Number.'' The word ``Exempt'' occasionally appears in place of an identification number, but is not defined in Sec. 173.225. In this notice, RSPA proposes to amend paragraph (b)(2) of Sec. 173.225 by adding a statement to clarify that the word ``Exempt,'' if it appears in the Organic Peroxide Table, means that the material is not regulated as an organic peroxide. In paragraph (b)(4)(ii), the use of type B diluents for desensitization of organic peroxides would be authorized for all organic peroxides provided that the boiling point is at least 60 deg.C (140 deg.F) greater than the SADT of the organic peroxide in a 50 kg package. Paragraph (b)(6) would be revised to indicate that lower control temperatures are required when IBCs and bulk packagings are used. Paragraph (c)(2), which prohibits IBCs and bulk packagings unless authorized through an approval, would be removed. The Packing Method Table for Generic Types in paragraph (c)(3) would be removed because the information is specifically listed in the Organic Peroxides Table, and paragraph (c)(4) would be redesignated paragraph (c)(3). Paragraph (d) would be revised to consolidate two tables specifying packagings for liquid and solid organic peroxides and self-reactive materials into one table for both liquids and solids. Paragraph (e)(5) would be revised to authorize the transport of stabilized peroxyacetic acid, type F (containing not more than 17 percent peroxyacetic acid) in type 31A IBCs. This proposal is based on a competent authority approval issued to authorize the use of 31A stainless steel IBCs. A corresponding proposal made by the United States has been tentatively approved by the UN Committee of Experts for incorporation into the tenth revised edition of the UN Recommendations. Section 173.226. Paragraph (c)(1) would be amended to add aluminum jerricans as an authorized packaging. Sections 173.316 and 173.318. These sections would be amended by adding a requirement for mixtures of cryogenic liquids, where charging requirements are not specifically prescribed, to be shipped in packagings approved by the Associate Administrator for Hazardous Materials Safety. Appendix E and Appendix F. The guidelines for classification and packing group assignment for Classes 4 and 5 would be removed. RSPA believes the UN Manual of Tests and Criteria is a more appropriate reference for these test methods. By removing Appendix E and F, RSPA will decrease the number of amendments to the HMR necessary for consistency with the UN Manual and will reduce the number of pages in the HMR. Part 175 Section 175.10. Paragraph (a)(22) would be amended to allow mercury thermometers (in addition to mercury barometers) to be carried in carry-on baggage by a representative of a government weather bureau or similar official agency, provided the individual advises the aircraft operator of its presence in the baggage. Part 176 Section 176.78. Paragraph (k), which pertains to stowage of power- operated industrial trucks on board a vessel, would be revised to correspond to proposed revisions in Sec. 176.905. Section 176.84. A new note 17 would be added to prescribe segregation for a [[Page 55369]] compressed or liquefied gas which is toxic, flammable and corrosive. Section 176.905. RSPA is proposing to revise the provisions for transporting motor vehicles or mechanical equipment powered by internal combustion engines by vessel to reflect recent changes which have occurred in the IMDG Code and in response to comments received during public outreach meetings. In Amendment 27 of the Code, the proper shipping name ``Engines, Internal Combustion'', UN3166 was added in order to regulate motor vehicles and other equipment powered by internal combustion engines. However, this proper shipping name has been removed and these materials were deregulated in Amendment 28 of the IMDG Code. Although RSPA is not providing total relief for the transport of motor vehicles by vessel, it is appropriate to modify the vessel carriage provisions to allow battery cables to remain connected in transport and allow vehicles transported on roll-on roll-off ships to be transported unregulated. Additionally, revisions to this section would clarify transport provisions for vehicles fueled with compressed gas and for certain battery-powered vehicles. Part 178 Section 178.511. This section would be amended to adopt requirements for aluminum jerricans consistent with the UN Recommendations. Packaging codes 3B1 and 3B2 would be added. Paragraph (b) would be amended to incorporate construction requirements for aluminum jerricans consistent with the UN Recommendations. Section 178.703. In paragraph (b)(6) requirements for marking inner receptacles of 31HZ2 composite IBCs would be added. This would require all inner receptacles to be marked with the code number designating the intermediate bulk container design type, the name or symbol of the manufacturer, the date of manufacture and the country authorizing the allocation of the mark. In addition, where the outer casing of a 31HZ2 IBC could be dismantled, each of the detachable parts would be required to be marked with the month and year of manufacture and the name or symbol of the manufacturer. Section 178.707. In paragraph (c)(2) a new requirement would be added indicating that the outer packaging of 31HZ2 composite IBCs must enclose the inner receptacles on all sides. In paragraph (c)(3) a new requirement would be added indicating that inner receptacles of 31HZ2 composite IBCs must consist of at least three plies of film. In paragraph (c)(6) a new requirement would be added indicating that IBCs of type 31HZ2 must be limited to a capacity of not more than 1250 liters. Section 178.815. In paragraph (c)(3) the words ``which bear the stacking load'' would be added to clarify that rigid plastic IBCs and composite IBCs with plastic outer packagings need to be tested for 28 days at 40 deg.C (104 deg.F) when the plastic outer packagings bear the stacking load. As a result of this proposed change, IBCs with plastic outer packagings which are designed with metal corner posts which bear the stacking load would not be required to be tested for 28 days at 40 deg.C (104 deg.F). RSPA is specifying a deadline for comments that is less than the 60 days recommended in Executive Order 12866. This shorter comment pe","truncated":true,"body_characters":209121}