{"operation":"document","citation":"63 FR 44312","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":"1998-08-18","effective_on":null,"summary":"This notice consolidates Docket HM-215C and HM-217 (``Labeling Requirements for Poisonous Materials''). RSPA proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by proposing to incorporate numerous changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. In addition, RSPA proposes to make other amendments to the HMR, including the proposal to eliminate the ``Keep Away From Food'' label for poisonous materials in Division 6.1, Packing Group III. 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-98-21124.json","markdown":"https://regulus.evalyn.ai/document/federal-register-98-21124.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-98-21124","source_url":"https://www.federalregister.gov/documents/1998/08/18/98-21124/harmonization-with-the-united-nations-recommendations-international-maritime-dangerous-goods-code","body":"Federal Register, Volume 63 Issue 159 (Tuesday, August 18, 1998) [Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)] [Proposed Rules] [Pages 44312-44344] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 98-21124] [[Page 44311]] _______________________________________________________________________ Part II Department of Transportation _______________________________________________________________________ Research and Special Programs Administration _______________________________________________________________________ Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Proposed Rule Federal Register / Vol. 63, No. 159 / Tuesday, August 18, 1998 / Proposed Rules [[Page 44312]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178 and 180 [Docket No. RSPA-98-4185 (HM-215C)] RIN 2137-AD15 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 consolidates Docket HM-215C and HM-217 (``Labeling Requirements for Poisonous Materials''). RSPA proposes to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by proposing to incorporate numerous changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. In addition, RSPA proposes to make other amendments to the HMR, including the proposal to eliminate the ``Keep Away From Food'' label for poisonous materials in Division 6.1, Packing Group III. 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 October 2, 1998. ADDRESSES: Address comments to the Dockets Unit, U.S. Department of Transportation, Room PL 401, 400 Seventh St., S.W., Washington, D.C. 20590-0001. Comments should identify the docket number RSPA-98-4185 (HM-215C) and be submitted in two copies. Persons wishing to receive confirmation of receipt of their comments should include a self- addressed stamped postcard. Comments may also be submitted by E-mail to [email protected] . The Dockets Unit is located on the Plaza Level of the Nassif Building at the U.S. Department of Transportation at the above address. Public dockets may be reviewed between the hours of 10:00 a.m. and 5:00 p.m., Monday through Friday, except on Federal holidays. Internet users may access all comments received by the U.S. Department of Transportation by using the Universal Resource Locator (URL) at http://dms.dot.gov . An electronic copy of the document may be downloaded using a modem and suitable communications software from the Government Printing Office's Electronic Bulletin Board Service at (202) 512-1661. FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International Standards Coordinator, telephone (202) 366-0656, or Joan McIntyre, 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. Introduction This NPRM consolidates two related rulemakings; Docket HM-215C, ``Harmonization with the UN Recommendations, IMDG Code and ICAO Technical Instructions'' and Docket HM-217, ``Labeling Requirements for Poisonous Materials.'' By this action, Docket HM-217 is incorporated under Docket HM-215C and is terminated as a separate rulemaking action. This preamble discusses each rulemaking, including comments received to Docket HM-217. II. 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 UN 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 hazardous materials 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. On May 6, 1997, RSPA issued a final rule [Docket HM-215B; 62 FR 24690] amending the HMR by incorporating changes to more fully align the HMR with the ninth revised edition of the UN Recommendations, Amendment 28 to the IMDG Code and the 1997-1998 ICAO Technical Instructions. The final rule provided consistency with international air and sea transportation requirements which became effective January 1, 1997. This NPRM proposes changes to the HMR based on the tenth revised edition of the UN Recommendations, the 1999-2000 ICAO Technical Instructions, and Amendment 29 to the IMDG Code. In addition, petitions for rulemaking pertinent to harmonization with international standards and the facilitation of international transportation were considered. Proposed changes on the basis of these petitions are also incorporated in this NPRM. It is intended to more fully align the HMR with international air and sea transport requirements which become effective on January 1, 1999. Other proposed changes are based on feedback from the regulated industry and RSPA initiatives. Background on HM-217 During its seventeenth session (December 7-16, 1992), UN Committee of Experts adopted amendments to be incorporated into the eighth revised edition of the UN Recommendations. [[Page 44313]] These amendments were incorporated in Amendment 27 of the IMDG Code and the 1995-1996 ICAO Technical Instructions effective January 1, 1995. Previously, the UN Recommendations specified two different labels to identify materials that meet the toxicity criteria for Division 6.1. A label incorporating a skull and crossbones symbol was used for any material which poses a high (Packing Group I) or medium (Packing Group II) danger. This label, which is referred to as the POISON label, is described in 49 CFR 172.430. For any material with a low toxicity danger (Packing Group III), a label incorporating an ear (stalk) of wheat with an ``X'' through it was prescribed. This label, which is referred to as the KEEP AWAY FROM FOOD label, is described in Sec. 172.431. Consistent with the decision of the UN Committee of Experts, the requirement for a KEEP AWAY FROM FOOD label was removed from the eighth revised edition of the UN Recommendations. As a result, packagings containing Division 6.1 Packing Group III materials offered for transport in international commerce must bear a POISON or TOXIC label (known as the toxic substances label in the UN Recommendations). Based on the amendments to the eighth revised edition of the UN Recommendations, the ICAO Technical Instructions, the IMDG Code, and national and regional regulations applicable in countries other than the United States (e.g., Mexico and European countries) now require the use of the POISON label for substances meeting the criteria for Division 6.1 Packing Group III. The UN Recommendations, the ICAO Technical Instructions and IMDG Code also replaced the term ``poison'' with the term ``toxic.'' Docket HM-215A authorized the interchangeable use of either ``toxic'' or ``poison'' (or ``poisonous'') for domestic transportation to provide greater flexibility. RSPA first requested public comment on the substitution of the POISON label for the KEEP AWAY FROM FOOD label on September 2, 1992, in Notice 92-8; International Standards on the Transport of Dangerous Goods; Request for Comments [57 FR 40247]. The advance notice of proposed rulemaking (ANPRM) was issued to assist in developing the United States' position at the seventeenth session of the UN Committee of Experts held on December 7-16, 1992, in Geneva, Switzerland. The primary concern expressed by RSPA in the September 2, 1992, ANPRM was that the KEEP AWAY FROM FOOD label and the optional text on the label were misleading. RSPA was concerned that the label inaccurately implied that materials meeting Division 6.1 Packing Group III toxicity criteria pose a risk only of food contamination, and that the label did not communicate other hazards such as oral, dermal, and inhalation toxicity risks. In addition, RSPA noted that the label could best be characterized as a handling label rather than a hazard communication or warning label. An in-depth explanation of the issues leading up to the question of whether to amend the UN Recommendations by requiring the POISON label in lieu of the KEEP AWAY FROM FOOD label was provided in the ANPRM. RSPA received comments from the Hazardous Materials Advisory Council (HMAC), the Association of American Railroads, the Chemical Specialties Manufacturers Association (CSMA), and a multi-national chemical company. All four commenters opposed the removal of the KEEP AWAY FROM FOOD label, citing the negative perception and operational constraints placed on packages bearing the POISON label or placard. HMAC and CSMA suggested adoption of a more appropriate pictogram to distinguish Division 6.1 Packing Group III materials from those Division 6.1 Packing Group I and II materials that pose a more significant danger. In the final rule issued under Docket HM-215A, RSPA noted that the issue of removing the KEEP AWAY FROM FOOD label would be addressed under Docket HM-217. In the ANPRM to Docket HM-217, [HM-217; 58 FR 59224], RSPA stated that if the HMR were amended to remove the KEEP AWAY FROM FOOD label, a POISON label would be required on packagings containing Division 6.1 Packing Group III materials. Consistent with these changes, a bulk packaging, freight container, unit load device, transport vehicle, or rail car containing a Division 6.1 Packing Group III material that is required to be placarded would be required to display POISON placards. RSPA stated that if such changes were adopted, the HMR would not impose more severe operational requirements on Division 6.1 Packing Group III materials and current operational exceptions would be retained. Therefore, amendments to certain modal requirements would be necessary. For example, Secs. 174.680, 175.630, 176.600 and 177.841 contain differing operational requirements for packages bearing a POISON label or a KEEP AWAY FROM FOOD label. Summary of Comments to HM-217 In the ANPRM, RSPA requested comments in response to the following questions: 1. The STOW AWAY FROM FOODSTUFFS instruction on the Division 6.1 Packing Group III label is also an appropriate instruction for Division 6.1 Packing Group I and Packing Group II materials. Should this label be retained and required as an additional label for all Division 6.1 materials, independent of packing group? 2. Other than the current labeling provisions, which distinguish Division 6.1 Packing Group I and Packing Group II materials from Packing Group III materials, are there other effective means (e.g., a package marking or shipping paper notation) that may be used to facilitate compliance with the applicable operating and handling requirements? 3. If the KEEP AWAY FROM FOOD label is removed and the POISON label is required for Packing Groups I, II and III, should the Packing Group III label be altered in some manner so that packagings containing Division 6.1 Packing Group III materials can be distinguished from Packing Group I and II materials? If so, please provide examples. Should the use of such an altered label be required or optional? 4. What costs would be incurred by industry (e.g., operational and handling costs) if a POISON label and placard are required for packages containing Division 6.1, Packing Group III materials? RSPA received nearly 40 comments to the ANPRM. Comments were received from chemical manufacturers and distributors, chemical trade associations, highway carriers, highway and rail carrier associations and the Department of Energy. Most comments indicated that use of a POISON label for Division 6.1 Packing Group III materials greatly overstates the dangers of these materials. Several commenters claimed these materials pose a minimal safety risk in transportation. One commenter stated that end users would prefer products that do not bear a POISON label, because it would be very difficult for customers to understand that the addition of a POISON label on a package was not due to an increase in the material's hazard. Commenters also cited higher motor carrier rates, special packaging required by some carriers, additional segregation in warehouses, and refusal by carriers to transport a package bearing a POISON label. The American Trucking [[Page 44314]] Associations, Inc. noted several areas of concern, including employee training to identify products, confusion caused by use of the POISON label, and disruption of present shipping and transport practices, particularly for less-than-truckload shipments. Several commenters urged RSPA to revisit this issue at the international level. COSTHA, Inc. encouraged RSPA to maintain the status quo with regard to poison labeling for domestic shipments until both the UN and DOT have completed work with regard to globally harmonized cut-off values for defining acute oral toxicity of liquids and solids in Packing Group III. HMAC maintained that without some method to distinguish between materials in Packing Group I and Packing Group II and those in Packing Group III, carrier or enforcement personnel will have no way to identify these materials even if stowage and segregation requirements are less stringent for Packing Group III materials. HMAC did not favor any delayed compliance or enforcement of this rule and added that a rulemaking action could not be fully developed without considering proposed food safety regulations and future revisions to toxicity levels. Finally, if a POISON label requirement is adopted, many commenters requested a one to two-year transition period to implement the change. Commenters indicated the need for a sufficient length of time to re- train employees, deplete the inventory of existing packages labeled KEEP AWAY FROM FOOD, and deplete existing stocks of labels and placards. Subsequent to the close of the ANPRM's comment period, RSPA received correspondence from U.S. companies engaged in the international transportation of Division 6.1, Packing Group III materials. International regulations now mandate the use of the POISON label for Division 6.1 Packing Group III materials. These companies currently must maintain two sets of inventory. One inventory is labeled POISON for international shipments and the other inventory is labeled KEEP AWAY FROM FOOD for domestic transportation. Alternatively, they may label all packages with the POISON label for either domestic or international transportation, as authorized in the final rule under Docket HM-215A. However, these commenters expressed concern that if a company chooses to maintain one set of inventory bearing the POISON label, more restrictive operational requirements are imposed, thereby, increasing costs. Because RSPA believes that the POISON label better represents the toxicity hazard of materials that are toxic at the Packing Group III level, RSPA is proposing adoption of the POISON label for these materials. The KEEP AWAY FROM FOOD label could best be described as a handling label, not as a hazard warning label. The ear (stalk) of wheat with an ``X'' and the words ``HARMFUL, STOW AWAY FROM FOODSTUFFS'' imply that a material in a package bearing this label poses a limited hazard only to food. For a material assigned to Division 6.1, Packing Group III on the basis of acute oral toxicity, the label fails to clearly convey a message of danger through direct oral ingestion. In addition to oral toxicity, materials are assigned to Division 6.1, Packing Group III on the basis of dermal toxicity and inhalation toxicity by vapors and by dusts and mists. The KEEP AWAY FROM FOOD label clearly fails to convey these skin absorption and inhalation hazards. Adoption of the POISON label will maintain alignment with international standards and facilitate the transportation of Division 6.1 Packing Group III materials in international commerce. RSPA believes that concerns expressed by commenters can be alleviated through gradual implementation of the POISON label and placard requirements and maintenance of existing operational exceptions applicable to Division 6.1, Packing Group III materials. In response to commenters' concerns indicating that ``POISON'' or ``TOXIC'' on a hazard warning label will overstate the hazard of these materials and will result in increased costs, RSPA is proposing to authorize use of the text ``PG III'' on the POISON hazard warning label as an option to ``POISON'' or ``TOXIC.'' The placement of ``PG III'' on the label would be below the center of the label, consistent with the display of ``POISON'' or ``TOXIC''. Since provisions in international regulations permit the insertion of text indicating the nature of the risk, RSPA believes a POISON or TOXIC label displaying ``PG III'' as text is acceptable in international transportation. The following is an illustration of the modified label: BILLING CODE 4910-60-P [[Page 44315]] [GRAPHIC] [TIFF OMITTED] TP18AU98.000 BILLING CODE 4910-60-C [[Page 44316]] Current operational requirements in 49 CFR Parts 174 through 177 for Division 6.1 Packing Group III materials would be retained for labels displaying ``PG III'' text. This would allow less restrictive stowage or separation from foodstuffs for these materials. However, if a package containing a Division 6.1 Packing Group III material bears a POISON or TOXIC label not displaying ``PG III'' text, the package would be subject to more stringent segregation requirements. This proposal is responsive to those who favor harmonization with international requirements because a POISON label with text indicating risk and handling precautions is authorized under international labeling requirements for Division 6.1 Packing Group III materials. An extended transition period should minimize costs by permitting existing stocks of KEEP AWAY FROM FOOD labels and placards to be depleted, gradually reducing the inventory of packages bearing a KEEP AWAY FROM FOOD label, and allowing training in the new requirements to be accomplished as part of the required three-year recurrent training cycle. Maintaining flexible operational requirements for these materials will preclude the need for special packagings, carriers will be more amenable to accepting shipments, and additional truckload shipments will be avoided by requiring separation from foodstuffs rather than loading on separate vehicles. III. Overview of Proposed Changes in This NPRM Proposed amendments to the HMR in this notice include: --Addition of a new approval provision to allow use of recycled plastics material for the manufacturing of plastic drums and jerricans. --Amendments to the Hazardous Materials Table (HMT) which would add, revise or remove certain proper shipping names, hazard classes, packing groups, special provisions including portable tank requirements, packaging authorizations, bulk packaging requirements, and passenger and cargo aircraft maximum quantity limitations. --Addition, removal and revision of certain entries to the List of Marine Pollutants. --Addition, removal and revision of new special provisions including one new special provision to deregulate cotton under specific conditions. --Amendment of the n.o.s. and generic proper shipping names which are required to be supplemented with technical names in association with the basic description. --Incorporation of provisions authorizing the reconditioning of packagings other than metal drums. --Incorporation of four new shipping descriptions to more clearly describe internal combustion engines and vehicles powered by flammable liquid and flammable gas fuels. --Elimination of the KEEP AWAY FROM FOOD label for poisonous materials in Division 6.1, Packing Group III. Requiring the use of a POISON or TOXIC label on packagings containing materials meeting the toxicity criteria for poisonous materials in Division 6.1, Packing Group III. Allowing optional text on the POISON or TOXIC label to read ``PG III.'' --Amendment of periodic inspection requirements for portable tanks and IBCs which are intended for the transport of a single material. --Addition of requirements for limited quantity packagings containing fragile inner packagings. --Incorporation of an exception for certain shock absorbers, struts, gas springs and shocks and other automobile energy absorbing articles. --Amendment of IBC repair, qualification and maintenance requirements. IV. Summary of Regulatory Changes by Section Part 171 Section 171.7 RSPA proposes to update the incorporation by reference for four American Society of Mechanical Engineers (ASTM) standards, one American Pyrotechnics Association (APA) standard, one Department of Defense (DOD) standard, the ICAO Technical Instructions, the IMDG Code and the UN Recommendations. One new incorporation by reference would be added under the International Organization for Standardization (ISO). ``ASTM D 3278-95 Standard Test Methods for Flash Point of Liquids by Setaflash Scale Closed-Cup Apparatus'' would be updated to the 1996 edition. ``ASTM D56-93 Standard Test Method for Flash Point by Tag Closed Tester,'' ``ASTM D93-94 Standard Test Method for Flash Point by Pensky-Martens Closed Cup Tester'' and ``ASTM D3828-93 Standard Test Method for Flash Point by Small Scale Closed Tester'' would be updated to the 1997 editions. The updates would reflect the latest revisions to the standards which are used for the classification of Class 3 flammable liquids in Secs. 173.120 and 173.121. ``APA Standard 87-1, Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics'' would be updated to the January 23, 1998 version which would bring the standards up-to-date with current industry practices. ``DOD TB 700-2; NAVSEAINST 8020.8; AFTO 11A-1-47; DLAR 8220.1: Explosives Hazard Classification Procedure'' would be updated to the January 1998 edition. RSPA has reviewed the updated standards and has concluded that no major technical amendments have been incorporated into these standards. References to the ICAO Technical Instructions would be updated to the 1999-2000 edition, the IMDG Code would be updated to Amendment 29 and the UN Recommendations would be updated to the tenth revised edition. Finally, consistent with the proposed addition of a new special provision for the entry ``Cotton,'' NA1365, ``ISO 8115, Cotton Bales-- Dimensions and Density, 1986 Edition'' would be added to the table of material incorporated by reference. (See proposed amendments to the Hazardous Materials Table.) Section 171.11 Paragraph (d)(4)(ii) requires a hazardous material being transported in accordance with the ICAO Technical Instructions to include on the shipping papers an indication that the shipment is being made in accordance with Sec. 171.11 or include the letters ``ICAO.'' RSPA is proposing to change this requirement from a mandatory requirement to a recommendation by changing the word ``must'' to ``should'' each place it appears in paragraph (d)(4)(ii). Paragraph (d)(14) would be revised for consistency with Sec. 173.306(a)(1) which allows an exception from the HMR for certain aerosols in containers of not more than four fluid ounces. Section 171.12 Paragraph (b)(15) would be revised to include references to Sec. 171.12a(b)(13). Paragraph (b)(17) would be revised for consistency with Sec. 173.306(a)(1) which allows an exception from the HMR for certain aerosols in containers of not more than four fluid ounces. Section 171.12a Paragraph (b)(13) would be revised to provide reciprocity for certain Canadian specification cylinders to be transported within the United States. Canada's cylinder specifications contained in the Transportation of Dangerous Goods (TDG) Regulations and prior to that in the Canadian Transport Commission [[Page 44317]] Regulations for the Transportation of Dangerous Commodities by Rail (CTC) were identical to the DOT specifications. Only after the implementation of the DOT's foreign approval program and Transport Canada's (TC) recent changes to implement standards harmonizing the international regulations were there any restrictions placed on the free movement of CTC/TC and US DOT specification cylinders across the border. RSPA has reached an agreement with Transport Canada to establish a program for cylinders manufactured and certified in accordance with the TDG regulations to be qualified for the transportation of hazardous materials in the United States. These changes would facilitate the movement of Canadian and domestic cylinders between the United States and Canada. Transport Canada has agreed to make similar amendments in the TDG Regulations. Paragraph (b)(16) would be revised for consistency with Sec. 173.306(a)(1) which allows an exception from the HMR for certain aerosols in containers of not more than four fluid ounces. Section 171.14 Paragraph (f) would be revised to provide a delayed implementation date for amendments adopted in the final rule. The effective date of the final rule would be October 1, 1998. However, RSPA would authorize an immediate voluntary compliance date to allow shippers to prepare their international shipments in accordance with the new ICAO, IMDG Code and HMR provisions. RSPA would also authorize a delayed mandatory compliance with the new requirements until October 1, 1999. This delay would be comparable to the transition provisions provided in the final rule under Docket HM-215B and offers a sufficient phase-in period to implement new provisions and deplete current stocks of shipping papers, labels, placards and containers affected by the new requirements. In addition, paragraph (d)(2) would permit intermixing of old and new hazard communication requirements until October 1, 1999. Based on its own initiative and comments provided in petitions, RSPA is also proposing an extended delayed implementation period for use of the POISON/TOXIC label for Division 6.1, Packing Group III materials and allowing continued use of the KEEP AWAY FROM FOODSTUFFS label until October 1, 2003. Part 172 Section 172.101 In RSPA's ongoing effort to improve and simplify the HMR, a new symbol, the asterisk (*), would be added to Sec. 172.101(b). The new symbol would denote the n.o.s. and generic proper shipping names which are required to be supplemented with the technical name of the hazardous material in parentheses and in association with the basic description. Currently, these proper shipping names are listed in Sec. 172.203(k)(3). As a result of the proposed change, paragraph (k)(3) would be removed. In addition, RSPA is proposing to add and remove certain proper shipping names concerning this requirement for consistency with the tenth revised edition of the UN Recommendations. (See Sec. 172.203 preamble discussion.) The Hazardous Materials Table (HMT) Proposed amendments to the HMT for the purpose of harmonizing with the tenth revised edition of the UN Recommendations would include the following: The ``+'' would be added to Column 1 to fix the proper shipping name, hazard class and packing group for the entries, ``Aminophenols (o-;m-;p-;),'' ``Chlorodinitrobenzenes,'' ``Dichloroanilines, liquid,'' ``Dichloroanilines, solid,'' ``o-Dichlorobenzene,'' ``N,N- Diethylaniline,'' ``Epichlorohydrin,'' ``Nitroanilines (o-;m-;p-;),'' ``Nitroanisole,'' ``Nitrobenzene,'' ``Nitrophenols (o-;m-;p-;),'' ``Phenetidines,'' ``Phenylenediamines (o-;m-;p-;),'' ``Toluene diisocyanate,'' ``Toluidines, liquid'' and ``Toluidines, solid.'' This proposed action would align the HMR with the UN Recommendations which uses Special Provision 279 to indicate materials which are classified on the basis of human experience. Various other changes to the HMT include the following: A number of hazardous materials proper shipping names would be revised, including the deletion of the word ``commercial'' from the entries, ``Charges, shaped, commercial, without detonator,'' (UN 0059, 0439, 0440 and 0441), the revision of the entry ``Amyl alcohols'' to ``Pentanols'' and the revision of the entry ``Dithiocarbamate pesticides, liquid, toxic'' to ``Thiocarbamate pesticide, liquid, toxic.'' For entries such as ``Aluminum alkyls'' and ``Sodium nitrite,'' the subsidiary risks would be revised. The entries, ``Aviation regulated liquid, n.o.s.'' and ``Aviation regulated solid, n.o.s.'' would be added for alignment with the ICAO Technical Instructions and the UN Recommendations. The entry ``Wheel chair, electric'' would be removed as an acceptable proper shipping name. ``Wheel chair, electric'' would only be maintained as a ``see entry'' for purposes of referring users of the HMR to the proper shipping name ``Battery powered equipment.'' For materials such as ``Chlorosilanes, corrosive, n.o.s,'' Column 7 would be revised to reflect the alignment of the portable tank assignments with those in the UN Recommendations. For the entry, ``Plastic molding compounds in dough, sheet or extruded rope form evolving flammable vapor.'' to correct an error, the non-bulk authorization reference would be amended by revising the reference to read ``221.'' In addition, Sec. 173.221 would be amended to authorize bulk packagings. The packaging authorization for the entry, ``Polymeric beads, expandable, evolving flammable vapor.'' would also be revised to read ``221.'' (See Sec. 173.221 for additional discussion.) For the entries, ``Batteries, wet, filled with acid, electric storage'' and ``Batteries, wet, filled with alkali, electric storage,'' RSPA proposes to increase the passenger aircraft quantity limitation from 25 kg gross mass to 30 kg gross mass. This proposed change is consistent with the amendments to the 1999-2000 edition of the ICAO Technical Instructions. RSPA received a petition (P-1316), requesting that under certain conditions baled cotton which does not meet the criteria of any hazard class should be excepted from the requirements of the HMR. In response to this petition, RSPA is proposing to add a new special provision for NA1365, ``Cotton'' (dry), indicating that it is not subject to the requirements of the HMR when it is baled in accordance with ISO 8115, ``Cotton Bales--Dimensions and Density'' to a density of at least 360 kg/m 3 (22.4lb/ft 3 ) and it is transported in a freight container or closed transport vehicle. This is consistent with a decision taken by the International Maritime Organization and a subsequent competent authority approval issued by RSPA. Based on its own initiative, RSPA is proposing that the entry, ``Dangerous goods in machinery or Dangerous goods in apparatus'' be included in the HMT. This entry was adopted in the ICAO Technical Instructions to provide an exception from the UN packaging [[Page 44318]] performance tests for equipment, machinery or apparatus containing small quantities of hazardous materials. RSPA believes this entry is useful for transport by all modes of transportation and provides a more practical means of describing machinery or apparatus containing small quantities of hazardous materials when the machinery or apparatus is not specifically listed in the HMT. Although this shipping description has not been adopted by the UN Committee of Experts on the Transport of Dangerous Goods, RSPA expects that the Committee will adopt this entry and assign it a new UN number in the eleventh revised edition of the UN Recommendations. RSPA will include the UN number assignment in the final rule if it is assigned after publication of this NPRM. In this NPRM, RSPA is proposing the assignment of a North American (NA8001) identification number in the interim. For purposes of the Government Printing Office's typesetting procedures, readers should be aware that for certain entries in the HMT, such as those with revised proper shipping names, the change may appear as a removal and addition, as opposed to a revision of the regulatory text in the Column (2) changes. Readers should review all changes appearing in the Sec. 172.101 regulatory text for a complete view of the proposed changes. 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 proposed amendments are consistent with the marine pollutants identified in Amendment 29 to the IMDG Code. Included is the proposed removal of ``Nitrates, inorganic, n.o.s.'' which is based on a petition (P-1311). Section 172.102 Eleven new special provisions would be added and one removed for consistency with the tenth revised edition of the UN Recommendations; three obsolete special provisions would be removed; and two would be editorially revised as follows: Special Provision 43 would be revised by adding an exception for certain nitrocellulose membrane filters. The exception is consistent with the 1999-2000 edition of the ICAO Technical Instructions. Special Provision 125 would be revised to correct an editorial error for the percentages of phlegmatizers in mixtures. A new special provision 129 would be assigned to the proposed new entry, ``Nitroglycerin mixture, desensitized, liquid, flammable, n.o.s. with not more than 30% nitroglycerin, by mass.'' to require that the material's classification, transportation, packing group assignment and packaging must be approved by the Associate Administrator for Hazardous Materials Safety. A new special provision 130 would be added for the entry, ``Battery, dry, not subject to the requirements of this subchapter'' to identify conditions that must be met in order to be excepted from the HMR. A new special provision 131 would be assigned to the proposed new entry, ``Flammable solid, oxidizing, n.o.s.,'' (Packing Groups II and III), to prohibit the material from being offered for transportation unless approved by the Associate Administrator for Hazardous Materials Safety. A new special provision 132 would be added for the proper shipping name, ``Ammonium nitrate fertilizers,'' UN2071. The special provision would allow this material to be excepted from the requirements of the HMR provided a UN trough test (Section 38, UN Manual of Test and Criteria) demonstrates that the material is not liable to self- sustaining decomposition, and that the material does not contain an excess of nitrate greater than 10% by mass. This material is currently only regulated for transportation by air and water modes. A new special provision 133 would be added for the proposed new entry, ``Air bag inflators, compressed gas or Air bag modules, compressed gas or Seat-belt pretensioners, compressed gas,'' to clarify which articles should be transported under these shipping descriptions. The special provision would also provide conditions for packaging and design of these articles. A new special provision 134 would be added for the entry ``Battery- powered vehicle or Battery-powered equipment'' to identify the entry as being used for battery-powered equipment or vehicles. A new special provision 135 would be added for the proposed new entries, ``Engines, internal combustion, flammable gas powered,'' ``Engines, internal combustion, flammable liquid powered,'' ``Vehicle, flammable gas powered,'' and ``Vehicle, flammable liquid powered'' to indicate the appropriate shipping description to be used when internal combustion engines are installed in a vehicle. A new special provision 136 would be added for the proposed new entry, ``Dangerous goods in machinery or Dangerous goods in apparatus.'' The special provision clarifies the restrictions and exceptions for transporting hazardous materials under the new entry. A new special provision 137 would be added for the entry, ``Cotton,'' NA1365. See discussion under The Hazardous Materials Table (HMT). A new special provision 138 would be added for the entry, ``Lead compounds, soluble, n.o.s.'' This special provision would clarify the definition for soluble lead compounds. A new special provision A35 would be added for the proposed new entries, ``Aviation regulated liquid, n.o.s.'' and ``Aviation regulated solid, n.o.s.,'' to clarify that the proper shipping names include any substance not meeting any of the other hazard classes, but which has certain properties that could cause extreme annoyance or discomfort in the event of spillage or leakage aboard aircraft to crew members so as to prevent their performance of duties. Special Provision 17 applies to the entry, ``Hydrogen peroxide, aqueous solutions with not less than 8 percent but less than 20 percent hydrogen peroxide (stabilized as necessary).'' Special Provision 17 would be deleted because the information it contains is duplicative with the italicized portion of the proper shipping name. Special Provision 20 would be removed because it no longer is used for any entries in the HMT. Special Provision 104 would be removed for consistency with the UN Recommendations. Based on a comment received by RSPA, Special Provision B101 would be editorially revised to clarify that when intermediate bulk containers are used, only those constructed of metal are authorized. RSPA agrees with the commenter that the present wording is confusing and can be intrepreted to mean that metal IBCs are the only authorized packagings. Special Provision N9 applies to the entry, ``Cotton waste, oily,'' UN1364. Special Provision N9 would be deleted consistent with the deletion of Special Provision 34 in the tenth revised edition of the UN Recommendations. Section 172.203 In Sec. 172.203, paragraph (k) would be revised to reflect the propos","truncated":true,"body_characters":172947}