Você está na página 1de 41

Friday,

December 29, 2006

Part IV

Department of
Transportation
Pipeline and Hazardous Materials Safety
Administration

49 CFR Parts 171, 172, 173, et al.


Hazardous Materials: Harmonization With
the United Nations Recommendations,
International Maritime Dangerous Goods
Code, and International Civil Aviation
Organization’s Technical Instructions;
Final Rule
pwalker on PROD1PC60 with RULES4

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29DER4.SGM 29DER4
78596 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Contents international standards for the


I. Background transportation of hazardous materials,
Pipeline and Hazardous Materials II. Overview frequently advocating the adoption in
Safety Administration A. Amendments Adopted in this Final international standards of particular
Rule HMR requirements. When considering
49 CFR Parts 171, 172, 173, 175, 176, B. International Standards Not Being the adoption of international standards
Adopted in this Final Rule
178 and 180 under the HMR, we review and consider
III. Section-By-Section
IV. Regulatory Analyses and Notices each amendment on its own merit. Each
[Docket No. PHMSA–06–25476 (HM–215I)]
A. Statutory/Legal Authority for this amendment is considered on the basis
RIN 2137–AE16 Rulemaking of its overall impact on transportation
B. Executive Order 12866 and DOT safety and the economic implications
Hazardous Materials: Harmonization Regulatory Policies and Procedures associated with its adoption into the
C. Executive Order 13132 HMR. Our goal is to harmonize without
With the United Nations
D. Executive Order 13175
Recommendations, International E. Regulatory Flexibility Act, Executive
diminishing the level of safety currently
Maritime Dangerous Goods Code, and Order 13272, and DOT Procedures and provided by the HMR and without
International Civil Aviation Policies imposing undue burdens on the
Oganization’s Technical Instructions F. Paperwork Reduction Act regulated public.
G. Regulatory Identifier Number (RIN) To maintain alignment of the HMR
AGENCY: Pipeline and Hazardous H. Unfunded Mandates Reform Act with international requirements, in this
Materials Safety Administration I. Environmental Assessment final rule, we are incorporating changes
(PHMSA), DOT. J. Privacy Act
into the HMR based on the Fourteenth
ACTION: Final rule. I. Background revised edition of the UN
By notice of proposed rulemaking Recommendations and UN Manual of
SUMMARY: This final rule revises the
(NPRM) published August 31, 2006, the Tests and Criteria, Amendment 33 to the
Hazardous Materials Regulations to
Pipeline and Hazardous Materials Safety IMDG Code, and the 2007–2008 ICAO
maintain alignment with international
Administration (PHMSA, we) published Technical Instructions, which become
standards by incorporating various
proposed revisions to the hazard effective January 1, 2007. We are also
amendments, including changes to
communication, classification, and addressing petitions for rulemaking
proper shipping names, hazard classes,
packaging requirements of the concerning harmonization with
packing groups, special provisions,
Hazardous Materials Regulations international standards and additional
packaging authorizations, air transport
(HMR), 49 CFR parts 171–180, to align measures to facilitate international
quantity limitations and vessel stowage
with updates and revisions to the transportation.
requirements. These revisions will
United Nations Recommendations on The comment period for the proposed
harmonize the Hazardous Materials
the Transport of Dangerous Goods (UN rule closed on October 16, 2006.
Regulations with certain recent changes
Recommendations), the International PHMSA received 28 comments in
to the International Maritime Dangerous
Maritime Dangerous Goods (IMDG) response to the proposed rulemaking.
Goods Code, the International Civil
Code and the International Civil The following individuals, companies
Aviation Organization’s Technical
Aviation Organization (ICAO) Technical and organizations submitted comments:
Instructions for the Safe Transport of
Dangerous Goods by Air, and the United Instructions for the Transport of (1) Georgia Department of Public Safety
Nations Recommendations on the Dangerous Goods by Air. The UN (GPS; PHMSA–06–25476–4);
Transport of Dangerous Goods. Recommendations are amended and (2) North American Transportation
updated biennially by the UN Consultants (NATC; PHMSA–06–
DATES: Effective date: January 1, 2007.
Committee of Experts on the Transport 25476–7);
Voluntary Compliance Date: PHMSA
of Dangerous Goods and on the Globally (3) Lawrence Laude (Laude; PHMSA–
is authorizing voluntary compliance
Harmonized System of Classification 06–25476–8);
beginning January 1, 2007.
and Labeling of Chemicals and serve as (4) United Parcel Service (UPS;
Delayed Compliance Date: Unless
the basis for national, regional, and PHMSA–06–25476–9);
otherwise specified, mandatory
international modal regulations, (5) Christopher L. Botteri (Botteri;
compliance with the amendments
including the IMDG Code, and the ICAO PHMSA–06–25476–10);
adopted in this final rule is required
Technical Instructions. (6) Dennis Eisenhofer (Eisenhofer;
beginning January 1, 2008. The harmonization of domestic and
Incorporation by Reference Date: The PHMSA–06–25476–11);
international standards becomes
incorporation by reference of the increasingly important as the volume of (7) HMT Associates (HMT; PHMSA–06–
publications adopted in § 171.7 of this hazardous materials transported in 25476–12);
final rule has been approved by the international commerce grows. (8) Phillip Adamo (Adamo; PHMSA–
Director of the Federal Register as of Harmonization facilitates international 06–25476–13);
January 1, 2007. trade by minimizing the costs and other (9) Institute of Makers of Explosives
FOR FURTHER INFORMATION CONTACT: burdens of complying with multiple or (IME; PHMSA–06–25476–14);
Charles Betts, Office of Hazardous inconsistent safety requirements for (10) J & S Warehouse (J&S; PHMSA–06–
Materials Standards, telephone (202) transportation of hazardous materials to 25476–17);
366–8553, or Shane Kelley, and from the United States. By (11) Rising Star Transportation (RST;
International Standards, telephone (202) facilitating compliance, harmonization PHMSA–06–25476–18);
366–0656, Pipeline and Hazardous also tends to enhance safety for (12) National Tank Truck Carriers
pwalker on PROD1PC60 with RULES4

Materials Safety Administration, U.S. international movements, but only if the (NTTC; PHMSA–06–25476–19);
Department of Transportation, 400 international standards themselves (13) Air Products and Chemicals (AP&C;
Seventh Street, SW., Washington, DC provide an appropriate level of safety. PHMSA–06–25476–20);
20590–0001. To that end, PHMSA actively (14) All Chemical Transport and Leasing
SUPPLEMENTARY INFORMATION: participates in the development of (AllChem; PHMSA–06–25476–21);

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78597

(15) International Sanitary Supply • Requirement to indicate the net this final rule with a brief explanation
Association (ISSA; PHMSA–06– quantity of hazardous material per of why the amendment was not
25476–22); package on the shipping paper if included:
(16) American Trucking Association transportation is by aircraft. • Environmentally hazardous
(ATA; PHMSA–06–25476–23); • Incorporation by reference of the substances. The UN Recommendations
(17) The Chlorine Institute (CI; PHMSA– updated ICAO Technical Instructions, include new defining criteria for
06–25476–24); IMDG Code, and UN Recommendations. environmentally hazardous substances.
(18) International Vessel Operators • Amendments to the Hazardous The UN criteria have not yet been
Hazardous Materials Association, Materials Table (HMT) to add, revise, or adopted by ICAO and IMO. We will
Inc. (VOHMA; PHMSA–06–25476– remove certain proper shipping names, consider these changes in a separate
25); hazard classes, packing groups, special rulemaking proceeding.
(19) Arkema (Arkema; PHMSA–06– provisions, packaging authorizations, • Hazardous materials security. Like
25476–26); bulk packaging requirements, passenger the HMR, the UN Recommendations
(20) Unidentified commenter (UC1; and cargo aircraft maximum quantity require carriers, consignors and others
PHMSA–06–25476–28); limitations and vessels stowage engaged in the transport of ‘‘high
(21) Laboratory Corporation of America provisions. consequence’’ dangerous goods to
Holdings (LabCorp; PHMSA–06– • Revision of the ORGANIC adopt, implement and comply with a
25476–29); PEROXIDE label and placard. security plan that addresses the
(22) Unidentified commenter (UC2; • Revision of the classification transportation risks associated with
PHMSA–06–25476–30); criteria for PG III flammable liquids. these materials. A major difference
(23) National Association of Chemical • Revision of the classification between the HMR and the UN
Distributors (NACD; PHMSA–06– criteria and packing group assignments Recommendations is the quantity of
25476–31); for Division 6.1 materials. hazardous material that triggers the
(24) National Paint & Coating • Requirements for the transportation requirement for a security plan. On
Association (NPCA; PHMSA–06– of fuel cells containing flammable September 21, 2006, PHMSA published
25476–33); liquid. an advance notice of proposed
(25) Dangerous Goods Advisory Council • Adoption of a one-packet limit for rulemaking (71 FR 55156) to consider
(DGAC; PHMSA–06–25476–34); matches carried by airline passengers or revisions to the list of hazardous
(26) Degussa Corporation (Degussa; crew members. materials that triggers security plan
PHMSA–06–25476–35); requirements under the HMR. We will
(27) Federal Express (FedEx; PHMSA– B. International Standards Not Being
consider whether the HMR list should
06–25476–36): and Adopted in This Final Rule
(28) Association of HazMat Shippers, be harmonized with the UN
This final rule makes changes to the Recommendations list as part of this
Inc. (AHS; PHMSA–06–25476–37). HMR based on amendments to the initiative.
Commenters were supportive of Fourteenth revised edition of the UN • Requirements for radioactive
PHMSA’s efforts to harmonize the HMR Recommendations, Amendment 33 to materials. We are not adopting
with international standards. Many of the IMDG Code, and the 2007–2008 provisions pertaining to the
the proposals in the NPRM are fully ICAO Technical Instructions, which transportation of Class 7 (radioactive)
supported by commenters, while others become effective January 1, 2007. materials. Amendments to requirements
received little or no comment; these However, we are not adopting all of the pertaining to the transportation of Class
amendments are adopted as proposed. amendments to those documents into 7 materials are based on changes
Several comments were beyond the the HMR. In many cases, amendments contained in the International Atomic
scope of this rulemaking and are not to the international regulations have not Energy Agency (IAEA) publication,
addressed in this final rule. been adopted because the framework or ‘‘IAEA Safety Standards Series:
In the NPRM, we requested comments structure of the HMR makes adoption Regulations for the Safe Transport of
on whether certain amendments should unnecessary. In other cases, we have Radioactive Materials.’’ Due to their
be tied to a sunset provision. We handled, or will be handling, the complexity, these changes will be
received six comments (GPS, IME, amendments in separate rulemaking addressed in a separate rulemaking.
NTTC, AP&C, ATA, and NPCA) proceedings. For example, we addressed • Default classification system for
opposing the idea of a sunset provision. requirements related to the fireworks. We are not adopting these
We agree with the commenters that for transportation of infectious substances provisions of the UN Recommendations
an international harmonization in a final rule published June 2, 2006, because we do not believe the UN
rulemaking, sunsetting some or all of under Docket HM–226A (71 FR 32244). classification system provides an
the regulatory provisions is not Similarly, we adopted amendments equivalent level of safety to the current
appropriate. Therefore, we are not relating to the use of UN cylinders and HMR requirements. Under the HMR,
adopting a sunset provision for the pressure vessels in a final rule fireworks must be classed and approved
amendments in this final rule. Other published June 12, 2006, under Docket by the Associate Administrator for
comments are discussed in the Section- HM–220E (71 FR 33858). Hazardous Materials Safety; the
by-Section Review. One of the goals of this rulemaking is approvals are based on American
II. Overview to continue to maintain consistency Pyrotechnic Association Standard 87–1.
between the HMR and the international • Fuel cells. We are not adopting
A. Amendments Adopted in This Final requirements. We are not striving to provisions for the carriage of fuel cell
Rule make the HMR identical to the cartridges in the passenger cabin of a
In this final rule, we are adopting the international regulations but rather to passenger aircraft that were adopted by
pwalker on PROD1PC60 with RULES4

following amendments to the HMR: remove or avoid potential barriers to ICAO. Also, we are not adopting the
• Adoption of a single shipping paper international transportation. packaging provisions for the transport of
description sequence (identification Below is a listing of significant ‘‘Hydrogen in a metal hydride storage
number, proper shipping name, hazard amendments to the international system,’’ (UN3468), as adopted by
class or division, packing group). regulations that we are not adopting in ICAO. Currently, the HMR allow

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78598 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

transportation of these storage systems transitional provisions for certain adoption of the GHS within the UN
by motor vehicle and rail under the amendments in this final rule. The Recommendations. We did not receive
terms of a special permit and by motor effective date of this final rule is January comments opposing this proposal;
vehicle, rail, cargo vessel and cargo 1, 2007, and the mandatory compliance therefore, it is adopted in this final rule.
aircraft with approval of the Associate date is January 1, 2008. We are
The § 172.101 Hazardous Materials
Administrator. These issues will be permitting voluntary compliance as of
Table (HMT)
considered in a separate rulemaking January 1, 2007, to correspond with the
proceeding. effective implementation dates of the In this final rule, we are making
• Marking of Limited Quantity 2007–2008 ICAO Technical Instructions various amendments to the § 172.101
shipments. The ICAO Technical and Amendment 33–06 of the IMDG Hazardous Materials Table (HMT).
Instructions include a marking Code. This authorization allows Readers should review all changes for a
requirement for packages containing a shippers to prepare their international complete understanding of the Table
limited quantity of hazardous material. shipments in accordance with amendments. For purposes of the
The mark consists of the identification international standards that will become Government Printing Office’s
number of the material placed within a effective on January 1, 2007. typesetting procedures, changes to the
square-on-point border. The marking is Paragraph (e) of this section contains HMT appear under three sections of the
anticipated to become effective January an outdated transitional provision. In Table, ‘‘remove,’’ ‘‘add’’ and ‘‘revise.’’
1, 2009. Except for transportation by this final rule, we are replacing the Certain entries in the HMT, such as
aircraft, this marking is currently outdated transitional provision with a those with revisions to the proper
authorized under the HMR as an new paragraph (e) that permits use for shipping names, will appear as a
alternative to marking the proper domestic shipments of the shipping ‘‘remove’’ and ‘‘add.’’ We did not
shipping name on the package; we are description sequences in effect on receive comments opposing the changes
allowing continued use of this marking December 31, 2006, until January 1, to the HMT proposed in the NPRM.
to minimize transportation costs and 2013. See the § 172.202 preamble Therefore, in this final rule we are
provide flexibility. discussion for a complete explanation of adopting the following amendments to
the shipping description sequence issue. the HMT for the purpose of harmonizing
III. Section-by-Section Review
Paragraph (f) of this section contains with international standards:
Part 171 an outdated transitional provision. We 1. We are correcting Column (7)
Section 171.7 are revising paragraph (f) by removing Special provisions of the HMT by
the current provision and adding a removing Special Provision 101 which
Section 171.7 lists the standards transitional provision to allow requires the name of the particular
incorporated by reference into the HMR. continued display of Division 5.2 labels substance or article to be specified. With
We are updating the incorporation by and placards conforming to the the introduction of the letter ‘‘G’’ for
reference materials for the ICAO specifications in effect on December 31, these materials in Column (1), requiring
Technical Instructions, the IMDG Code, 2006, until January 1, 2014 for the n.o.s. and generic proper shipping
the UN Recommendations and the UN transportation by highway and until names to be supplemented with the
Manual of Tests and Criteria. The January 1, 2011 for transportation by technical name of the hazardous
updated editions of these standards rail, vessel or aircraft. See the material, Special Provision 101 becomes
become effective January 1, 2007. We §§ 172.407, 172.427 and 172.552 obsolete and duplicative. The affected
did not receive comments opposing preamble discussions for a complete entries are as follows:
these incorporations by reference; explanation of this issue. UN0349 Articles, explosive, n.o.s.
therefore the standards are updated as In new paragraph (g), we are allowing UN0350 Articles, explosive, n.o.s.
follows: continued use of the Class 3 and UN0351 Articles, explosive, n.o.s.
• The ICAO Technical Instructions, Division 6.1 classification criteria and UN0352 Articles, explosive, n.o.s.
2007–2008 Edition. packing group assignments in effect on UN0353 Articles, explosive, n.o.s.
• The IMDG Code, Amendment 33– December 31, 2006, until January 1, UN0354 Articles, explosive, n.o.s.
06. 2012. See §§ 173.120 and 174.133 UN0355 Articles, explosive, n.o.s.
• The UN Recommendations, preamble discussions for a complete UN0356 Articles, explosive, n.o.s.
Fourteenth revised edition. UN0462 Articles, explosive, n.o.s.
explanation of this issue.
• The UN Manual of Tests and UN0463 Articles, explosive, n.o.s.
Criteria, Fourth revised edition (2003), Part 172 UN0464 Articles, explosive, n.o.s.
and Addendum 2 (2004). UN0465 Articles, explosive, n.o.s.
Section 172.101 UN0466 Articles, explosive, n.o.s.
Section 171.14 Section 172.101 contains the UN0467 Articles, explosive, n.o.s.
Hazardous Materials Table (HMT) and UN0468 Articles, explosive, n.o.s.
This section lists specific transition UN0469 Articles, explosive, n.o.s.
periods for certain provisions adopted explanations for each of the columns in UN0470 Articles, explosive, n.o.s.
into the HMR. Comments pertaining to the HMT. Paragraph (d) of this section UN0471 Articles, explosive, n.o.s.
transition periods are discussed below. addresses column 3 of the HMT UN0472 Articles, explosive, n.o.s.
Paragraph (b) lists transitional containing the hazard class or division UN0382 Components, explosive train, n.o.s.
provisions related to revised placarding for each specific material listed in the UN0383 Components, explosive train, n.o.s.
requirements. In this final rule, we are HMT. Paragraph (d)(4) addresses entries UN0384 Components, explosive train, n.o.s.
removing paragraph (b) because the classed as combustible liquids. In the UN0461 Components, explosive train, n.o.s.
transition period has expired. NPRM, we proposed to revise paragraph UN0357 Substances, explosive, n.o.s.
Paragraph (d) of this section specifies (d)(4) to revise the lower limit for UN0358 Substances, explosive, n.o.s.
pwalker on PROD1PC60 with RULES4

UN0359 Substances, explosive, n.o.s.


transitional provisions for previously classing a material as a combustible UN0473 Substances, explosive, n.o.s.
adopted amendments intended to liquid from 60.5 °C (141 °F) to 60 °C UN0474 Substances, explosive, n.o.s.
harmonize the HMR with international (140 °F). This is consistent with recent UN0475 Substances, explosive, n.o.s.
standards. We are revising this changes to the classification of UN0476 Substances, explosive, n.o.s.
paragraph to provide specific flammable liquids based on the UN0477 Substances, explosive, n.o.s.

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78599

UN0478 Substances, explosive, n.o.s. UN1907 Soda lime with more than 4 10. The entry ‘‘Chlorosilanes,
UN0479 Substances, explosive, n.o.s. percent sodium hydroxide corrosive, n.o.s.,’’ UN2987, PG II, is
UN0480 Substances, explosive, n.o.s. UN1819 Sodium aluminate, solution revised by removing the reference to
UN0481 Substances, explosive, n.o.s. UN2318 Sodium hydrosulfide, with less § 173.154 ‘‘Exceptions for Class 8
UN0485 Substances, explosive, n.o.s. than 25 percent water of crystallization
UN0482 Substances, explosive, very UN1823 Sodium hydroxide, solid
(corrosive materials)’’ in Column (8A).
insensitive, n.o.s. or Substances, EVI, n.o.s. UN1824 Sodium hydroxide solution
11. The entry ‘‘Chlorosilanes,
UN1825 Sodium monoxide flammable, corrosive, n.o.s.,’’ UN2985,
2. Amendment 32 of the IMDG Code PG II, is revised by removing the
UN1849 Sodium sulfide, hydrated with not
added a new segregation group for less than 30 percent water reference to § 173.150 ‘‘Exceptions for
alkalis. For consistency with UN2320 Tetraethylenepentamine Class 3 (flammable) and combustible
international regulations and in UN3073 Vinylpyridines, stabilized liquids’’ in Column (8A).
response to a petition from Horizon 12. The entry ‘‘Chlorosilanes, toxic,
Lines (P–1470), we are revising the 3. The entry ‘‘Aerosols, non-
flammable, (each not exceeding 1 L corrosive, n.o.s.,’’ UN3361, PG II, is
Vessel stowage provisions in Column revised by removing the reference to
(10B) by adding Segregation Code ‘‘52’’ capacity),’’ UN1950, is revised by
adding vessel storage location code ‘‘A’’ § 173.153 ‘‘Exceptions for Division 6.1
(Stow ‘‘Separated from’’ acids) to certain (poisonous materials)’’ in Column (8A).
entries. The affected entries are as in Column (10A). This code was
13. The entry ‘‘Chlorosilanes, toxic,
follows: inadvertently removed in a final rule
corrosive, flammable, n.o.s.,’’ UN3362,
published September 23, 2005 under
UN2733 Amines, flammable, corrosive, PG II, is revised by removing the
Docket HM–189Y (70 FR 56084).
n.o.s. or Polyamines, flammable, corrosive, 4. The entry ‘‘Antimony trichloride, reference to § 173.153 ‘‘Exceptions for
n.o.s.
solid,’’ UN1733, PG II, is revised by Division 6.1 (poisonous materials)’’ in
UN2671 Aminopyridines (o-; m-; p-) Column (8A).
UN1005 Ammonia, anhydrous adding Special Provisions T3 and TP33.
14. The entry ‘‘Chromium trioxide,
UN3318 Ammonia solution, relative density Special Provision T3 specifies the
anhydrous,’’ UN1463, Column (6) is
less than 0.880 at 15 degrees C in water, applicable minimum test pressure, the
revised by adding the Division 6.1
with more than 50 percent ammonia minimum shell thickness, bottom
UN2672 Ammonia solutions, relative subsidiary hazard labeling requirement.
opening requirements and pressure 15. The entry ‘‘Compressed gas,
density between 0.880 and 0.957 at 15 relief requirements when transporting
degrees C in water, with more than 10 n.o.s.,’’ UN1956, is revised by adding
this material in a UN portable tank. Special Provision 77. Special Provision
percent but not more than 35 percent
ammonia
Special Provision TP33 specifies 77 requires, for domestic transportation,
UN2073 Ammonia solutions, relative requirements applicable to the a Division 5.1 subsidiary risk label
density less than 0.880 at 15 degrees C in transportation of this material in IM and when a carbon dioxide and oxygen
water, with more than 35 percent but not UN Specification portable tanks. mixture contains more than 23.5%
more than 50 percent ammonia 5. The entry, ‘‘Articles, explosive, oxygen.
UN3028 Batteries, dry, containing extremely insensitive or Articles, EEI,’’ 16. The entry, ‘‘Contrivances, water-
potassium hydroxide solid, electric, UN0486, is revised by removing Special
storage activated, with burster, expelling charge
Provision 101 which requires the name or propelling charge,’’ UN0248, is
UN2795 Batteries, wet, filled with alkali, of the particular substance or article to
electric storage revised by removing Special Provision
UN2797 Battery fluid, alkali
be specified. 101, which requires the name of the
UN2682 Caesium hydroxide 6. The entry ‘‘Benzyl bromide,’’ particular substance or article to be
UN2681 Caesium hydroxide solution UN1737, PG II, is revised by removing specified. In addition, the letter ‘‘G’’ is
UN1719 Caustic alkali liquids, n.o.s. the reference to § 173.153 ‘‘Exceptions added to Column (1), requiring the
UN1160 Dimethylamine solution for Division 6.1 (poisonous materials)’’ proper shipping name to be
UN2379 1, 3-Dimethylbutylamine in Column (8A). supplemented with the technical name
UN2382 Dimethylhydrazine, symmetrical 7. The entry ‘‘Benzyl chloride,’’
UN1163 Dimethylhydrazine, of the hazardous material.
UN1738, PG II, is revised by removing 17. The entry, ‘‘Contrivances, water-
unsymmetrical the reference to § 173.153 ‘‘Exceptions
UN3253 Disodium trioxosilicate activated, with burster, expelling charge
for Division 6.1 (poisonous materials)’’ or propelling charge,’’ UN0249, is
UN2491 Ethanolamine or Ethanolamine
solutions
in Column (8A). revised by removing Special Provision
UN2270 Ethylamine, aqueous solution with 7a. The entry ‘‘Calcium hypochlorite, 101, which requires the name of the
not less than 50 percent but not more than hydrated or Calcium hypochlorite, particular substance or article to be
70 percent ethylamine hydrated mixtures,’’ UN2880, PG II, is specified. In addition, the letter ‘‘G’’ is
UN1604 Ethylenediamine revised by removing Special Provision added to Column (1), requiring the
UN2386 1-Ethylpiperidine 166. proper shipping name to be
UN2029 Hydrazine, anhydrous 8. In accordance with changes in the
UN3293 Hydrazine, aqueous solution, with supplemented with the technical name
Fourteenth revised edition of the UN of the hazardous material.
not more than 37 percent hydrazine, by Recommendations, we are removing the
mass 18. The entry ‘‘Corrosive liquid,
following entries: acidic, inorganic, n.o.s.,’’ UN3264, PG II,
UN2030 Hydrazine, aqueous solution, with
more than 37 percent hydrazine, by mass —‘‘Carbon dioxide and nitrous oxide is revised by removing Special
UN2680 Lithium hydroxide mixtures,’’ UN1015; Provision A6. Special Provision A6
UN2679 Lithium hydroxide, solution —‘‘Carbon dioxide and oxygen specifies that for combination
UN1235 Methylamine, aqueous solution mixtures, compressed,’’ UN1014; and packagings, if plastic inner packagings
UN1244 Methylhydrazine —‘‘Carbon monoxide and hydrogen are used, they must be packed in tightly
UN2399 1-Methylpiperidine mixture, compressed,’’ UN2600. closed metal receptacles before packing
pwalker on PROD1PC60 with RULES4

UN1813 Potassium hydroxide, solid


UN1814 Potassium hydroxide, solution
9. The entry, ‘‘Charges, shaped, in outer packagings. Special Provision
UN2033 Potassium monoxide flexible, linear,’’ UN0288, is revised by A6 applies only to the PG I entry of this
UN1922 Pyrrolidine removing Special Provision 101, which material.
UN2678 Rubidium hydroxide requires the name of the particular 19. The proper shipping name for the
UN2677 Rubidium hydroxide solution substance or article to be specified. entry ‘‘Crotonaldehyde, stabilized,’’

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78600 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

UN1143, is revised to read revised by amending Column (9B) to Special Provision IP5 specifies the IBC
‘‘Crotonaldehyde or Crotonaldehyde, authorize 100 kg gross. must have a device to allow venting.
stabilized’’ and to add new Special 29. The entry ‘‘Hydrogen peroxide 39. For the entry ‘‘Lead phosphite,
Provision 175. New Special Provision and peroxyacetic acid mixtures, dibasic,’’ UN2989, PG II, the quantity
175 specifies this material is required to stabilized with acids, water, and not limitations in Columns (9A) and (9B)
be stabilized when in concentrations of more than 5 percent peroxyacetic acid,’’ are revised to read 15 kg and 50 kg,
not more than 99%. The revision UN3149, is revised by adding Special respectively.
appears as a ‘‘Remove/Add’’ in this Provision IP5. When this material is 40. For the entry ‘‘Lead phosphite,
rulemaking. transported in an IBC, Special Provision dibasic,’’ UN2989, PG III, the quantity
20. The proper shipping name for the IP5 specifies the IBC must have a device limitations in Columns (9A) and (9B)
entry ‘‘Crotonic acid, liquid,’’ UN2823, to allow venting. are revised to read 25 kg and 100 kg,
is corrected to read ‘‘Crotonic acid, 30. The entry ‘‘Hydrogen peroxide, respectively.
liquid’’ and the Identification Number is aqueous solutions with more than 40 41. The entry ‘‘Methylphenyl
revised to read ‘‘UN3472.’’ This revision percent but not more than 60 percent dichlorosilane,’’ UN2437, PG II, is
appears as a ‘‘Remove/Add’’ in this hydrogen peroxide (stabilized as revised by removing the reference to
rulemaking. necessary),’’ UN2014, is revised by § 173.154 ‘‘Exceptions for Class 8
21. The proper shipping name for the adding Special Provision IP5. When this (corrosive materials)’’ in Column (8A).
entry ‘‘Crotonic acid, solid,’’ UN2823, is material is transported in an IBC, 42. The entry ‘‘Motor fuel anti-knock
corrected to read ‘‘Crotonic acid, solid,’’ Special Provision IP5 specifies the IBC mixtures,’’ UN1649, is corrected by
UN2823. This correction appears as a must have a device to allow venting. removing the subsidiary hazard label
‘‘Remove/Add’’ in this rulemaking. 31. The entry ‘‘Hydrogen peroxide, requirement in Column (6).
22. In accordance with the ICAO aqueous solutions with not less than 20 42a. A new entry ‘‘Nitric acid other
Technical Instructions, the entry percent but not more than 40 percent than red fuming, with not more than 20
‘‘Dangerous Goods in Machinery or hydrogen peroxide (stabilized as percent nitric acid,’’ UN2031, PG II, is
Dangerous Goods in Apparatus,’’ necessary),’’ UN2014, is revised by added.
UN3363, is revised by adding quantity adding Special Provision IP5. When this 42b. The entry ‘‘Organoarsenic
limits for transportation by aircraft. The material is transported in an IBC, compound, liquid, n.o.s.,’’ UN3280, PG
quantity limits are specified in new Special Provision IP5 specifies the IBC I, II, and III, is corrected by inserting the
Special Provision A105. must have a device to allow venting. symbol ‘‘G’’ in Column (1).
23. The entry ‘‘Ethyltrichlorosilane,’’ 32. The entry ‘‘Hydrogen peroxide, 43. The entry ‘‘Organometallic
UN1196, PG II, is revised by removing aqueous solutions with not less than 8 substance, solid, pyrophoric,’’ UN3391,
the reference to § 173.150 ‘‘Exceptions percent but less than 20 percent PG I, is revised by correcting the
for Class 3 (flammable) and combustible hydrogen peroxide (stabilized as Column (8B) Non-bulk packaging entry
liquids’’ in Column (8A). necessary),’’ UN2984, is revised by ‘‘181’’ to read ‘‘187.’’
24. The entry ‘‘Formic acid,’’ UN1779, adding Special Provision IP5. When this 44. The entry ‘‘Organometallic
is revised to read ‘‘Formic acid with material is transported in an IBC, substance, solid, pyrophoric, water-
more than 85% acid by mass,’’ and the Special Provision IP5 specifies the IBC reactive,’’ UN3393, PG I, is revised by
Class 3 subsidiary hazard is added in must have a device to allow venting. correcting the Column (8B) Non-bulk
33. The entry ‘‘Hydrogen peroxide, packaging entry ‘‘181’’ to read ‘‘187.’’
Column (6). This revision appears as a
stabilized or Hydrogen peroxide 45. A new entry, ‘‘Paint, corrosive,
‘‘Remove/Add’’ in this rulemaking.
aqueous solutions, stabilized with more flammable (including paint, lacquer,
25. A new entry, ‘‘Formic acid with
than 60 percent hydrogen peroxide,’’ enamel, stain, shellac, varnish, polish,
not less than 10% but not more than
UN2015, is revised by removing Special liquid filler and liquid lacquer base),’’
85% acid by mass,’’ UN3412, is added.
Provision T10 and adding Special UN3470, PG II, is added.
26. A new entry, ‘‘Formic acid with
Provision T9. When this material is 46. A new entry ‘‘Paint, flammable,
not less than 5% but less than 10% acid
transported in a UN portable tank, corrosive (including paint, lacquer,
by mass,’’ UN3412, is added.
Special Provision T10 requires the UN enamel, stain, shellac, varnish, polish,
27. A new entry, ‘‘Fuel cell cartridges portable tank pressure relief device to
containing flammable liquids,’’ liquid filler and liquid lacquer base),’’
comply with the requirements specified UN3469, PG I, II, and III, is added.
UN3473, is added. in § 178.275(g)(3) of the HMR. The
28. The entry ‘‘Hydrazine aqueous 47. The entry ‘‘Paint including paint,
addition of Special Provision T9 lacquer, enamel, stain, shellac
solutions, with more than 37% removes this requirement.
hydrazine, by mass,’’ UN2030, PG I, is solutions, varnish, polish, liquid filler
34. For the entry ‘‘Hydrogen-
revised by removing Special Provision and liquid lacquer base,’’ UN1263, is
difluorides, n.o.s.,’’ UN1740, PG II and
151. Special Provision 151 specifies that revised by adding the following Special
III, the proper shipping name is revised
if this material meets the definition of Provisions to the PG I, II, and III entries,
to read ‘‘Hydrogendifluorides, solid,
a flammable liquid in § 173.120 of the respectively:
n.o.s.’’ This revision appears as a
HMR, a FLAMMABLE LIQUID label is ‘‘Remove/Add’’ in this rulemaking. —TP27 to specify that when this
required and the basic description on 35. A new entry material is transported in an IM or UN
the shipping paper must indicate the ‘‘Hydrogendifluorides, solution, n.o.s.,’’ Specification portable tank, a portable
Class 3 subsidiary hazard. Changes to UN3471, PG II and III, is added. tank having a minimum test pressure
the Fourteenth revised edition of the UN 36. The entry ‘‘Hydroquinone, solid,’’ of 4 bar (400 kPa) may be used
Recommendations removed this UN2662, is removed. provided the calculated test pressure
requirement. Shipping paper and 37. The entry ‘‘Hydroquinone is 4 bar or less based on the maximum
pwalker on PROD1PC60 with RULES4

labeling requirements for materials with solution,’’ UN3435, is removed. allowable working pressure of the
subsidiary hazards are addressed in 38. The entry ‘‘Hypochlorite material, as defined in § 178.275 of
§§ 172.202 and 172.402, respectively. solutions,’’ UN1791, PG II, is revised by the HMR, where the test pressure is
28a. The entry ‘‘Hydrogen in a metal adding Special Provision IP5. When this 1.5 times the maximum allowable
hydride storage system,’’ UN3468, is material is transported in an IBC, working pressure.

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78601

—TP28 to specify that when this —TP27 to specify that when this 58. The entry ‘‘Rare gases and
material is transported in an IM or UN material is transported in an IM or UN nitrogen mixtures, compressed,’’
Specification portable tank, a portable Specification portable tank, a portable UN1981, is removed.
tank having a minimum test pressure tank having a minimum test pressure 59. The proper shipping name
of 2.65 bar (265 kPa) may be used of 4 bar (400 kPa) may be used ‘‘Regulated medical waste,’’ UN3291, is
provided the calculated test pressure provided the calculated test pressure removed and a new proper shipping
is 2.65 bar or less based on the is 4 bar or less based on the maximum name ‘‘Regulated medical waste, n.o.s.
maximum allowable working pressure allowable working pressure of the or Clinical waste unspecified, n.o.s. or
of the material, as defined in material, as defined in § 178.275 of (BIO) Medical waste, n.o.s.,’’ UN3291, is
§ 178.275 of the HMR, where the test the HMR, where the test pressure is added in its place.
pressure is 1.5 times the maximum 1.5 times the maximum allowable 60. For the international entry for
allowable working pressure. working pressure. ‘‘Sulfur,’’ UN1350, the quantity
—TP29 to specify that when this —TP28 to specify that when this limitations in Columns (9A) and (9B)
material is transported in an IM or UN material is transported in an IM or UN are revised to read 25 kg and 100 kg,
Specification portable tank, a portable Specification portable tank, a portable respectively.
tank having a minimum test pressure tank having a minimum test pressure 61. The entry ‘‘Trimethylchloro-
of 1.5 bar (150.0 kPa) may be used of 2.65 bar (265 kPa) may be used silane,’’ UN1298, PG II, is revised by
provided the calculated test pressure provided the calculated test pressure removing the reference to § 173.150
is 1.5 bar or less based on the is 2.65 bar or less based on the ‘‘Exceptions for Class 3 (flammable) and
maximum allowable working pressure maximum allowable working pressure combustible liquids’’ in Column (8A).
of the material, as defined in of the material, as defined in Also, see § 172.102 for additional
§ 178.275 of the HMR, where the test § 178.275 of the HMR, where the test HMT amendments.
pressure is 1.5 times the maximum pressure is 1.5 times the maximum
allowable working pressure. Appendix B to § 172.101
allowable working pressure.
—TP29 to specify that when this Appendix B to § 172.101 lists Marine
48. The entry ‘‘Paint or Paint related material is transported in an IM or UN Pollutants regulated under the HMR. For the
materials,’’ UN3066, is revised by Specification portable tank, a portable entry ‘‘Copper chloride’’ we are adding the
adding the following Special Provisions tank having a minimum test pressure designation ‘‘PP’’ to indicate that copper
to the PG II and III entries, respectively: of 1.5 bar (150.0 kPa) may be used chloride is a severe marine pollutant. We are
—TP28 to specify that when this provided the calculated test pressure also correcting an oversight by removing the
is 1.5 bar or less based on the entries ‘‘Alcohol C–13—C–15 poly (1–6)
material is transported in an IM or UN
ethoxylate’’ and ‘‘1,2-Dichlorobenzene.’’
Specification portable tank, a portable maximum allowable working pressure
Removal of the entry ‘‘Alcohol C–13—C–15
tank having a minimum test pressure of the material, as defined in poly (1–6) ethoxylate’’ was overlooked in a
of 2.65 bar (265 kPa) may be used § 178.275 of the HMR, where the test final rule published December 20, 2004
provided the calculated test pressure pressure is 1.5 times the maximum under Docket HM–215G (69 FR 76044) and
is 2.65 bar or less based on the allowable working pressure. removal of the entry ‘‘1,2-Dichlorobenzene’’
maximum allowable working pressure 52. The entry ‘‘Plastic molding was overlooked in a final rule published June
of the material, as defined in compound in dough, sheet or extruded 21, 2001 under Docket HM–215D (66 FR
§ 178.275 of the HMR, where the test rope form evolving flammable vapor, 33316).
pressure is 1.5 times the maximum UN3314, PG III, is revised by removing Section 172.102
allowable working pressure. Vessel stowage location A and adding
location E in Column (10A), and by Section 172.102 lists a number of
—TP29 to specify that when this
removing Vessel stowage provision 85 special provisions applicable to the
material is transported in an IM or UN
and adding Vessel stowage provisions transportation of specific hazardous
Specification portable tank, a portable
19, 21, 25 and new Vessel stowage materials. Special provisions contain
tank having a minimum test pressure
provision 144 in Column (10B). packaging provisions, prohibitions, and
of 1.5 bar (150.0 kPa) may be used
53. The entry ‘‘Polymeric beads, exceptions applicable to particular
provided the calculated test pressure
expandable, evolving flammable vapor, quantities or forms of hazardous
is 1.5 bar or less based on the
UN2211, PG III, is revised by removing materials. We did not receive comments
maximum allowable working pressure
stowage location A and adding location opposing the revisions proposed in the
of the material, as defined in
E in Column (10A), and by removing NPRM; therefore, in this final rule for
§ 178.275 of the HMR, where the test
Vessel stowage provision 85 and adding consistency with international
pressure is 1.5 times the maximum
Vessel stowage provisions 19, 21, 25 standards, we are amending § 172.102
allowable working pressure.
and new Vessel stowage provision 144 Special provisions, as follows:
49. A new entry, ‘‘Paint related
in Column (10B). • Special Provision 15 specifies the
material, corrosive, flammable 54. For the entry ‘‘Propionic acid,’’ types of materials and packaging
(including paint thinning or reducing UN1848, the proper shipping name is requirements for chemical kits and first
compound),’’ UN3470, PG II, is added. revised to read, ‘‘Propionic acid with not aid kits. We are revising Special
50. A new entry, ‘‘Paint related less than 10% and less than 90% acid Provision 15 to list examples that may
material, flammable, corrosive by mass.’’ This revision appears as a be described as ‘‘Chemical kits’’ and
(including paint thinning or reducing ‘‘Remove/Add’’ in this rulemaking. ‘‘First aid kits.’’
compound),’’ UN3469, PG I, II, and III 55. A new entry, ‘‘Propionic acid with • Special Provision 47 specifies
is added. not less than 90% acid by mass,’’ requirements for mixtures of non-
51. The entry ‘‘Paint related material UN3463, is added. hazardous solids and flammable liquids.
pwalker on PROD1PC60 with RULES4

including paint thinning, drying, 56. The entry ‘‘Rare gases mixtures, In accordance with the UN
removing, or reducing compound,’’ compressed,’’ UN1979, is removed. Recommendations, Special Provision 47
UN1263, is revised by adding the 57. The entry ‘‘Rare gases and oxygen is revised to specify that, in addition to
following Special Provisions to the PG mixtures, compressed,’’ UN1980, is sealed packets, articles containing less
I, II, and III entries, respectively: removed. than 10 mL of a Class 3 Packing Group

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78602 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

II or III liquid absorbed into a solid material. In accordance with the UN regulations allow the international
material are excepted from the HMR Recommendations, we are revising sequence as an alternative, the proposed
provided there is no free liquid in the Special Provision 166 to remove the change merely removes the existing
packet or article. authorization for ‘‘hydrated’’ non-friable sequence with no positive safety
• Special Provision 77 applies to use tablet forms of calcium hypochlorite to rationale. These commenters further
of the Division 5.1 subsidiary risk label. be transported as a PG III material. assert that the proposed change could
We are revising this special provision • A new Special Provision 175 is result in significant cost impacts to
for consistency with the wording in the added to require stabilization for certain companies that utilize computer
UN Recommendations. As a result, substances when transported in systems for the preparation of shipping
Special Provision 77 will no longer concentrations of not more than 99%. documents and to track associated
apply only to ‘‘domestic • Special Provision 101 is removed. packaging and training requirements.
transportation.’’ Further, we are This special provision required the According to these commenters,
clarifying that a Division 5.1 label is not name of the particular substance or potential costs could include database
required for mixtures containing not article to be specified. With the reorganization, employee training, and
more than 23.5% oxygen by volume. introduction of the letter ‘‘G’’ in Column related revisions to product labels that
Also, the provision is assigned to the (1), which requires the n.o.s. and also include shipping information.
entry ‘‘Compressed gas, n.o.s.,’’ generic proper shipping names to be Commenters suggest that costs could
UN1956, which is the most appropriate supplemented with the technical name also result from confusion on the part of
description for mixtures currently of the hazardous material, Special enforcement and inspection personnel
described as ‘‘Carbon dioxide and Provision 101 became obsolete. that could lengthen inspections and
oxygen mixtures, compressed.’’ In this • A new Special Provision A105 is delay shipments. These commenters are
final rule, we are removing the entry for added to specify the quantity of also concerned that the proposed
‘‘Carbon dioxide and oxygen mixtures, hazardous materials allowed in revision could have a negative impact
compressed.’’ equipment or apparatus. on safety because it could result in
• Special Provision 146 is amended confusion for emergency response
to authorize the domestic classification Section 172.202 personnel, most of whom are volunteers
of a material as environmentally Shipping Description Sequence and receive limited training.
hazardous if it is designated as such by Commenters note that confusing
a foreign competent authority. The Section 172.202 establishes
emergency response information could
provision as currently worded only requirements for shipping descriptions expose emergency responders to
allows such classification for on shipping papers. Currently, the basic unnecessary danger.
international shipments. Due to current description of a hazardous material PHMSA does not believe this
differences in criteria for the consists of the proper shipping name, proposal is unnecessary or will
classification of environmentally hazard class, ID number and packing adversely impact transportation safety.
substances world-wide, we believe the group, in that order. The HMR also A uniform system for describing and
amended provision will afford authorize an alternative description identifying hazardous materials on
additional flexibility to industry and sequence, which lists the identification shipping papers, as proposed in this
reduce shipping costs by allowing both number first, followed by the proper NPRM, will increase safety by helping
domestic and international shipments to shipping name, hazard class, and to eliminate potential indecision and
be treated identically. Although packing group. Beginning January 1, confusion during emergency situations.
generally the HMR do not authorize 2007, the alternative shipping For example, when incidents occur
materials not meeting the definition of description sequence will be mandatory during transportation, it is crucial to
a hazardous material to be transported on shipping documents prepared in promptly identify packages of
as regulated materials, due to the low accordance with the ICAO Technical hazardous materials present in a given
risk posed by these materials, and the Instructions and the IMDG Code. In the shipment. Emergency responders at the
fact that the HMR already authorize NPRM, we proposed to adopt the scene of an incident would use a
domestic movement in association with current, alternative shipping description standard description of hazardous
international air and vessel transport, sequence as the mandatory basic materials on shipping papers to quickly
we believe this change will not result in description of a hazardous material on determine that they have accounted for
a significant impact other than to lower a shipping paper. We also proposed a all hazardous materials in both
costs for our stakeholders. two-year transition period to allow domestically- and internationally-bound
• Special Provision 147 applies to offerors adequate time to convert to the packages. In addition, following the
non-sensitized emulsions, suspensions new shipping description sequence. release of a hazardous material, it is
and gels consisting primarily of a A total of 19 commenters addressed vital for emergency responders to
mixture of ammonium nitrate and fuel, this proposal. Eight commenters [NPCA, quickly identify the hazardous materials
intended to produce a Type E blasting AP&C, ATA, GPS, LabCorp, NTTC, UPS, to facilitate their emergency response
explosive only after further processing and VHOMA] support the proposal. decision-making. A standardized
prior to use. In accordance with the UN NPCA notes that many of its members shipping description for both domestic
Recommendations, this special have already implemented this change and international shipments will aid in
provision is revised to specify the to simplify internal shipping processes. this process and will lead to a potential
composition of mixtures for suspensions Eleven commenters [Adamo; reduction in the loss of life and
and gels and to specify these substances AllChem; Botteri; Eisenhofer; ISSA, J&S; property.
be tested in accordance with Test Series NACD; NATC; RST; and two PHMSA analyzes potential cost
8 of the UN Manual of Tests and unidentified commenters] oppose this impacts of proposed regulations on the
pwalker on PROD1PC60 with RULES4

Criteria. proposal, suggesting that the change is regulated community. Our justification
• Special Provision 166 authorizes not necessary, lacks an economic regarding this proposal in the
non-friable, tablet form calcium justification, and will have a negative Regulatory Evaluation is located under
hypochlorite, dry or hydrated, to be impact on safety. These commenters the Docket Management System (http://
transported as a Packing Group III note that, because the current dms.dot.gov). In the Regulatory

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78603

Evaluation, we determined that this stock. We do not believe a time period net quantities; thus, an indication of the
NPRM, including this specific proposal, less than six years would allow net quantity per package on shipping
should result in cost savings by easing businesses to adequately accomplish papers facilitates load planning and
the regulatory compliance burden for these objectives. Moreover, a six-year compliance. We do not believe the cost
shippers and carriers engaged in transition period would allow for the of indicating net quantity rather than
international commerce, including incorporation of this requirement into total quantity, as previously required, is
trans-border shipments within North the initial and recurrent training cycle increased substantially. Therefore, in
America. In addition, shippers and for hazardous materials employees and this final rule, we are adopting the
carriers will not need to revise shipping emergency responders. amendment as proposed.
papers to address differing domestic and Therefore, for the reasons described In the NPRM, we also proposed the
international requirements for shipping above, in this final rule, we are adopting following additional requirements:
descriptions. We acknowledge the the requirement that the shipping —For empty uncleaned packaging, only
proposal to require one basic description of a hazardous material be the number and type of packaging
description of a hazardous material on indicated on a shipping paper in the must be shown;
a shipping paper will necessitate following manner: Identification (ID) —For chemical kits and first aid kits,
additional training and software number listed first, followed by the the total net mass of hazardous
revisions. However, to allow for the proper shipping name, hazard class, and materials must be shown. Where a kit
training of hazmat employees and to packing group. In addition, we are contains solids and/or liquids, the net
ease the minimal burden on entities authorizing a six-year transition period mass of liquids within the kit is to be
affected by the adoption of the proposed to implement this requirement. calculated on a 1 to 1 basis, i.e., 1 liter
amendments, we are authorizing an equals 1 kilogram;
Quantity Limitations —For dangerous goods in machinery or
extended transition period. An extended
transition period will allow businesses The description of a hazardous apparatus, the individual total
to incorporate this requirement into material on a shipping paper must quantities of dangerous goods in
their training material for both new and include the total quantity of hazardous solid, liquid or gaseous state,
current hazardous materials employees, material (by mass or volume) covered by contained in the article must be
and to upgrade system software over the the description (see § 172.202(a)(5)). The shown;
course of normal computer upgrades majority of quantity limitations set forth —For dangerous goods transported in a
and revisions with a minimal economic for transportation by aircraft, in salvage packaging, an estimate of the
impact. Columns (9A) and (9B), are ‘‘net’’ quantity of dangerous goods per
The NPRM proposed a two-year quantities. Section 175.75 limits the package must be shown;
transition period to allow shippers quantity of hazardous materials, —For cylinders, the total quantity may
sufficient time to convert to the new expressed in net mass, aboard an be indicated by the number of
shipping description sequence. Three aircraft. To facilitate compliance with cylinders, for example, ‘‘10
commenters [NTTC, ATA, and VOHMA] the aircraft operator’s requirements, in cylinders;’’
suggest the proposed transition period is the NPRM we proposed that, for —For items where ‘‘No Limit’’ is shown
unnecessary and recommend a one-year transportation by aircraft, the total in Column (9A) or (9B) of the HMT,
transition. These commenters state that quantity per package be shown, the quantity shown should be the net
the industry is able to alter current expressed as net mass, except as mass or volume of the material,
software systems and deplete pre- otherwise specified. For example: except for UN2800, UN2807, UN3072,
printed shipping paper inventory within UN1263, Paint, 3, PG II, 5 fiberboard UN3166 and UN3173, where the
a relatively short time period. VOHMA boxes x 5 L each quantity should be the gross mass of
asserts lengthy transition periods create As proposed, different size packages the article.
confusion and increased training containing different quantities of the On the proposal to identify the total
burdens. Six commenters [ATA; GPS; same hazardous material must be clearly quantity of each hazardous material in
LabCorp; NTTC; UPS; VOHMA] state identified. For example: machinery or apparatus, a commenter
that the proposed transition period is UN1263, Paint, 3, PG II, 5 fiberboard [UPS] states that the ‘‘precision implied
too short, recommending up to six years boxes x 5 L, 6 fiberboard boxes x 10 L in this proposal is unrealistic.’’ UPS
to permit shippers to convert to the new As proposed, where the letter ‘‘G’’ suggests that, absent a precise quantity,
sequence. These commenters suggest a follows the quantity in Column (9A) or a shipper should be permitted to
longer transition period would allow the (9B), the gross mass rather than the net estimate the quantity of hazardous
new shipping sequence to be quantity must be indicated. material. We agree and are amending
incorporated into responder training A commenter [DGAC] opposes the paragraph (a)(6)(iii) accordingly.
programs and the next revision of the proposal to require the quantity of a Another commenter [Laude] requests
Emergency Response Guidebook (ERG). hazardous materials shipment by we include net quantity provisions for
The ERG lists hazardous materials in aircraft to be expressed as a net quantity Class 7 materials transported by aircraft.
numerical order of ID number and in per package. The commenter questions Similar provisions for transportation by
alphabetical order of material name. the safety benefit of adopting the other modes are contained in paragraph
We understand commenters’ concerns requirement and states that the costs to (a)(5). We agree with the commenter and
regarding the length of the transition industry associated with the change, are amending paragraph (a)(6)
period for this proposal. However, it is such as computer software upgrades, accordingly.
our intention to specify a uniform may be substantial. The commenter did The same commenter points out that
method to describe a hazardous material not provide data to support this in proposed paragraph (a)(6)(vi) ID
on a shipping paper in order to promote argument. We disagree that there is no numbers UN2807 and UN3173 do not
pwalker on PROD1PC60 with RULES4

the universal recognition of hazardous safety benefit in expressing the quantity exist in the HMT; (ID number UN2807
materials, while allowing sufficient time of hazardous material in terms of ‘‘net is assigned to ‘‘magnetized material’’ in
for affected parties to properly train quantity’’ for air shipments. Quantity the ICAO Technical Instructions). We
personnel, reconfigure internal limitations aboard aircraft, as prescribed are removing UN2807 and UN3173 in
computer systems, and deplete existing in § 175.75, are specified in the HMR as this final rule.

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78604 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

Section 172.312 and are adopting the amendment as and until January 1, 2011 for
proposed. transportation by rail, vessel or aircraft.
Section 172.312 addresses marking
requirements for liquid hazardous Sections 172.407 and 172.427 Part 173
materials in non-bulk packagings. Section 172.407 establishes Section 173.9
Specifically, the packaging must be specifications for package labels.
marked with orientation arrows to Section 172.427 establishes Section 173.9 sets forth requirements
indicate how the package should be requirements for the ORGANIC for transporting cargo that has been
oriented during transportation; the PEROXIDE label. In accordance with the fumigated or is undergoing fumigation.
arrows indicate which end of the UN Recommendations, we proposed to Such shipments must have a
package is ‘‘up.’’ Currently the HMR revise the ORGANIC PEROXIDE label. FUMIGANT marking. As specified in
require orientation markings only on a The revised label would reflect the fact this section, the FUMIGANT marking
non-bulk combination package with that organic peroxides are highly includes an indication of the material
inner packagings that contain a liquid flammable and enable transport workers used for fumigation and the date and
hazardous material, unless specifically to readily distinguish peroxides from time the fumigant was applied.
excepted. oxidizers. We also proposed to Currently, transport vehicles or freight
We proposed to amend paragraph (a) authorize labels meeting the containers containing fumigated cargoes
by requiring orientation markings on specifications in effect on December 31, are not required to show the date the
single packagings fitted with vents and 2006, to continue to be displayed until fumigated transport vehicle or freight
on open cryogenic receptacles intended January 1, 2011 (see § 171.14). This container was ventilated to remove
for the transport of refrigerated liquefied would eliminate the current harmful concentrations of fumigant gas.
gases. We received one comment requirement in § 172.402 for a package To minimize the possibility of an
[AP&C] supporting the proposal and, in containing an organic peroxide to bear individual entering a fumigated
this final rule, are adopting the a FLAMMABLE LIQUID subsidiary transport vehicle or freight container
amendment as proposed. label in addition to the ORGANIC prematurely, in the NPRM we proposed
Also, we proposed to require the size PEROXIDE primary hazard class label. to require the FUMIGANT marking to
of the marking to be proportioned so We received no comments opposing include the date of ventilation. We also
that it is clearly visible in relation to the the proposal to revise the ORGANIC proposed to revise the specifications for
size of the package, and the color of the PEROXIDE label; therefore, in this final the FUMIGANT marking to allow either
arrows to be either black or red on a rule we are adopting the revisions as red or black marking on a white
suitable contrasting background. One proposed. background. No commenters opposed
commenter [AP&C] supports the these proposals, therefore, we are
proposal requiring the size of the Section 172.552 adopting them without change in this
marking to be proportionate with the Section 172.552 establishes specific final rule.
size of the package. Several commenters requirements for the ORGANIC Sections 173.35, 173.120, 173.121, and
[NATC; Botteri; Eisenhofer; Adamo; PEROXIDE placard. In accordance with Appendix H to Part 173
NACD; J&S; RST; AllChem; UC1; UC2] the UN Recommendations, in paragraph
question the meaning of the phrase (b), we proposed to revise the ORGANIC Section 173.35 sets forth requirements
‘‘clearly visible’’ and suggest we specify PEROXIDE placard. The revised placard for transporting hazardous materials in
the size of the marking; either by would reflect the fact that organic intermediate bulk containers (IBCs);
requiring the marking to be at least peroxides are highly flammable and § 173.120 establishes classification
equal to the size of the largest package enable transport workers to readily criteria for flammable liquid (Class 3)
marking or, at a minimum, requiring the distinguish peroxides from oxidizers. materials; § 173.121 addresses packing
marking to be 1⁄2 inch. We agree with We proposed to authorize placards group assignments for Class 3 materials;
commenters that the phrase ‘‘clearly meeting the specifications in effect on and Appendix H to Part 173 sets forth
visible’’ is vague; however, we disagree December 31, 2006, to continue to be methods to test a material to determine
with specifying the size of the displayed until January 1, 2011 (see its combustibility. In the NPRM, we
orientation marking. The HMR currently § 171.14). proposed to revise all of these sections
require non-bulk packages containing We received one comment [ATA] to reflect the new upper limit of 60 °C
liquid hazardous materials to be supporting the revised placard design; (140 °F) for a PG III flammable liquid.
‘‘legibly marked’’ with the orientation however, ATA disagrees with the length This is consistent with recent changes to
marking. Specifying the size of the of the proposed transition period. The the classification of flammable liquids
orientation marking would be ATA requests a seven-year transition based on the GHS and adoption into the
inconsistent with the general marking period until January 1, 2014. The ATA UN Recommendations. PHMSA also
requirements (proper shipping name states that trucking companies with proposed to authorize a five-year
and identification number) for non-bulk large fleets use dual metal flip placards transition period.
packagings which do not specify the on each side of the trailer. According to A commenter [DGAC] appreciates the
size of the markings. In this final rule, the ATA, trailer fleets are generally length of the proposed transition period.
we are removing the phrase ‘‘clearly refurbished every seven years. This DGAC urges PHMSA to propose a
visible’’ and requiring the orientation would allow companies to replace the similar transition period for the criteria
marking to be commensurate with the ORGANIC PEROXIDE placard at the in international regulations.
size of the package. time of refurbishment. Based on this Modifications to the international
We also proposed adding a new comment, in this final rule, we are standards are outside the scope of this
pwalker on PROD1PC60 with RULES4

paragraph (c)(7) to except Class 7 authorizing ORGANIC PEROXIDE rulemaking. International shippers
materials in Type A, IP–2, IP–3, Type placards meeting the specifications in should be aware of this disparity and
B(U), or Type B(M) packages from the effect on December 31, 2006, to take appropriate action. In this final
orientation marking requirement. We continue to be displayed until January rule, we are adopting the amendment as
received no comments on this proposal 1, 2014 for transportation by highway proposed.

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78605

Section 173.115 subsidiary hazard. We received no adopted without change in this final
comments opposing this proposal; rule.
The HMR define a Division 2.2 non- therefore, in this final rule, we are
flammable gas as any material or Section 173.133
adopting the proposal without change.
mixture that ‘‘exerts in the packaging an Section 173.133 establishes criteria
absolute pressure of 280 kPa (40.6 psia) Section 173.124 for assignment of packing groups to
or greater at 20 °C (68 °F), * * *.’’ In Section 173.124 establishes poisonous (Division 6.1) materials. We
paragraph (b)(1), we proposed to add the classification criteria for Division 4.1 proposed to amend the toxicity criteria
phrase ‘‘or is a cryogenic liquid,’’ to (flammable solid), Division 4.2 for consistency with the toxicity criteria
clarify that a cryogenic liquid, whether (spontaneously combustible), and adopted in the UN Recommendations
or not it meets the definition of a Division 4.3 (dangerous when wet) on the basis of the limits established in
Division 2.2 non-flammable gas, is materials. In the NPRM, we proposed to the GHS. As a result, some materials
subject to the HMR. This is consistent revise § 173.124 by adding a new that were not previously regulated
with the current requirements for paragraph (a)(2)(i)(D)(3) to require under the HMR would now be regulated
cryogenic liquids in § 173.115(g). We mixtures of oxidizing substances as Division 6.1, Packing Group III; some
received no comments opposing this containing 5.0% or more combustible materials currently regulated as Division
proposal; therefore, in this final rule, we organic substances to be subject to the 6.1, Packing Group I or II are assigned
are adopting the proposal without self-reactive substance classification to a different packing group; and some
change. procedure. This will ensure that materials that were previously regulated
Currently, paragraph (k)(5) of this oxidizing substances containing 5.0% or as Division 6.1, Packing Group III would
section requires aerosols containing more of combustible organic substances no longer be subject to regulation under
Class 8, PG III materials to be assigned are also tested for their ability to self- the HMR. PHMSA also proposed a five-
a Class 8 subsidiary hazard. In the react and to ensure that in such year transition period.
NPRM, we proposed to amend instances, these substances are The effect of these proposed changes
paragraph (k)(5) to specify that aerosols appropriately classed for their self- to packing group assignments for
containing Class 8, PG II or PG III reactive hazard. We received no Division 6.1 materials is summarized as
materials must be assigned a Class 8 comments on this proposal; it is follows:

Material properties Current PG assignment New PG assignment

Oral LD50 > 200, ≤ 300 (Solid) ...................................................................................... Not regulated ...................... III
Oral LD50 > 300, ≤ 500 (Liquid) ..................................................................................... III ........................................ Not regulated.
Dermal LD50 > 40, ≤ 50 ................................................................................................. II ......................................... I
Inhalation toxicity by dusts and mists LC50 > 0.2, ≤ 0.5 ............................................... I .......................................... II
Inhalation toxicity by dusts and mists LC50 > 4, ≤ 10 ................................................... III ........................................ Not regulated.

Thirteen commenters [NATC; Botteri; A commenter [DGAC] appreciates the transportation stream. Therefore, we are
Eisenhofer; Adamo; J&S; RST; AP&C; length of the proposed transition period. not adopting a grandfather clause.
AllChem; Arkema; UC1; UC2; NACD; DGAC urges PHMSA to propose a
Sections 173.134 and 173.197
DGAC] support adoption of this similar transition period for the criteria
proposal. Arkema notes that the in international regulations. Changes to Consistent with the proposals in the
amended criteria may result in the international standards are outside NPRM, in this final rule, these sections
reclassification of certain materials that the scope of this rulemaking. are revised by replacing the wording
are listed by name in the HMT. The International shippers should be aware ‘‘Regulated medical waste’’ with the
commenter requests that the HMR be of this disparity and take appropriate wording ‘‘Regulated medical waste or
amended to allow the use of currently action. clinical waste or (bio) medical waste.’’
listed names instead of describing the No commenters addressed this issue.
Finally, ten commenters [NATC;
material under an appropriate generic Botteri; Eisenhofer; Adamo; J&S; RST; Section 173.136
(n.o.s.) name based on the new toxicity AllChem; UC1; UC2; NACD] request a Currently, the HMR define ‘‘corrosive
criteria. The commenter also states five-year transition period and a material’’ to mean ‘‘a liquid or solid that
Arkema, an international company, will grandfather clause to allow packages causes full thickness destruction of
review its materials to ensure they are filled prior to a specific date to remain human skin at the site of contact within
in compliance with the provisions of the marked without modification for a specified period of time. A liquid that
2008 IMDG Code, and will handle air domestic transportation. In the NPRM, has a severe corrosion rate on steel or
shipments on a case-by-case basis. we proposed a five-year transition aluminum based on the criteria in
PHMSA does not intend to provide such period and in this final rule, we are § 173.137(c)(2) is also a corrosive
an allowance in the HMR; we believe adopting the amendment as proposed material.’’ Certain solids with a low
such a provision could be confusing and (see § 171.14). We disagree with the melting point may become liquid during
would be inconsistent with the request to allow packages filled prior to transportation, and others may be
international regulations. However, we a specific date to remain marked intentionally heated above their melting
invite submission of data supporting without modification for domestic point and transported as a liquid in the
reclassification of certain materials transportation. We believe that a five- molten state. We believe the Class 8
pwalker on PROD1PC60 with RULES4

resulting from the revised criteria for year transition provides adequate time definition should apply equally to
toxic materials. Such data could be used to transition to the new classification liquids and to solids offered for
to effect change in the listing of a criteria and to ensure that packages transportation or transported in a liquid
material within the HMR and the UN marked based on regulations in effect on state. In the NPRM, we proposed to
Model Regulations. December 31, 2006, are out of the revise the definition of a ‘‘corrosive

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78606 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

material’’ to include a solid material and seat-belt pretensioners installed in the addition of Special Provision A105
that is offered for transportation or other means of conveyances, such as in the HMT, the shipping paper
transported as a liquid and has a severe boats and aircraft, or their components. requirements in paragraph (d) no longer
corrosion rate on steel or aluminum. A We received no comments on this apply to transportation by aircraft. In
commenter [Degussa] requests that we proposal; therefore, we are adopting it the NPRM, we proposed to revise
align the definition with the UN without change in this final rule. paragraph (d) accordingly. No
Recommendations. We agree and are commenters addressed this proposal,
Section 173.187
modifying the definition of ‘‘corrosive and it is adopted without change in this
material’’ to include the phrase ‘‘solids Section 173.187 establishes final rule.
that may become liquid during transportation requirements for A commenter [Laude] requests we
transportation.’’ Also, we are removing pyrophoric solids, metals, or alloys, not remove the phrase ‘‘equipment’’ in this
the grandfather provision in otherwise specified (n.o.s.). In the section. The phrase ‘‘equipment’’ is not
§ 173.136(d) on the basis that it is no NPRM, we proposed to revise this part of the proper shipping name
longer necessary because tests other section for clarity and to correct an ‘‘Dangerous Goods in Machinery or
than the one specified in the UN oversight by adding 4A steel boxes to Dangerous Goods in Apparatus’’ in the
Manual of Tests and Criteria will be the list of authorized packagings for HMT. Therefore, we are editorially
authorized. See the § 173.137 preamble pyrophoric solids, metals or alloys, revising § 173.222 to remove the phrase
discussion below. n.o.s. We received no comments on this ‘‘equipment’’ in the heading and
proposal; it is adopted without change regulatory text.
Section 173.137
in this final rule. Section 173.224
Section 173.137 establishes packing
group criteria for corrosive (Class 8) Section 173.216 Section 173.224 establishes packaging
materials. In a final rule published Section 173.216 establishes and control and emergency
December 20, 2004 under Docket HM– transportation requirements for blue, temperatures for self-reactive materials.
215G (69 FR 76155), we revised the brown, or white asbestos. Paragraph (c) The Self-Reactive Materials Table in
language in paragraph (c)(2) mandating of this section specifies packaging paragraph (b)(7) of this section specifies
the corrosion test in the UN Manual of requirements for these materials. In the self-reactive materials authorized for
Tests and Criteria as the only acceptable NPRM, we proposed to require bags or transportation without first being
test method for determining the other non-rigid packages containing approved for transportation by the
corrosivity of a material. That was not asbestos to be transported in rigid outer Associate Administrator for Hazardous
our intent. In the NPRM, we proposed packages or closed freight containers. Materials Safety and requirements for
to revise paragraph (c)(2) to specify that No commenters addressed this proposal; transporting these materials. In the
corrosivity may be determined in therefore, it is adopted without change NPRM, we proposed to add a new entry
accordance with methods described in in this final rule. to ‘‘Acetone-pyrogallol copolymer 2-
the UN Manual of Tests and Criteria, as diazo-1-naphthol-5-sulphonate’’ to the
Section 173.220 Self-Reactive Materials Table. We
well as other equivalent methods, such
as those described in ASTM G 31–72. Section 173.220 establishes received no comments on this proposal,
No commenters addressed this proposal; transportation requirements for internal and are adopting it without change in
it is adopted without change in this combustion engines, self-propelled this final rule.
final rule. vehicles, mechanical equipment
containing internal combustion engines, Section 173.230
Section 173.159 and battery powered vehicles and In the NPRM, we proposed to add a
Section 173.159 establishes equipment. For transportation by new packaging section (§ 173.230) for
transportation requirements for wet aircraft, the HMR impose a pressure the transportation of ‘‘Fuel cell
electric storage batteries. For limit of not more than 5% of the cartridges containing flammable liquids,
consistency with the ICAO Technical maximum allowable working pressure UN3473,’’ including methanol or
Instructions, in the NPRM we proposed in any part of the system between the methanol/water solutions. For
to revise paragraphs (a), (c)(1), (c)(2), pressure receptacle and the shut off consistency with the ICAO Technical
(c)(4), (c)(5), (d)(1) and (e)(2) to clarify valve of a flammable gas powered Instructions, we proposed to require
that batteries may be protected against vehicle. In the NPRM, we proposed to fuel cell cartridges containing
short circuits by the use of non- revise paragraph (b)(2)(ii)(B)(3) to flammable liquids, other than those
conductive caps that cover the entire specify that the pressure limit imposed packaged with equipment, to be
terminal(s). No commenters addressed applies to the entire closed system and packaged in specification packagings for
this proposal; therefore, we are adopting that the maximum pressure allowed is all modes of transportation. Fuel cell
it without change in this final rule. 290 psig (2000 kPa). Also, consistent cartridges packaged in or with
with the ICAO Technical Instructions, equipment must be packaged in strong
Section 173.166 outer packagings.
we proposed to revise paragraphs (c)
Section 173.166 establishes and (d) to clarify that batteries may be A commenter [HMT] suggests we add
transportation requirements for air bag protected against short circuits by the a special provision to the entry ‘‘Fuel
inflators, air bag modules, and seat-belt use of non-conductive caps that cover cell cartridges containing flammable
pretensioners. Currently, paragraph the entire terminal(s). We received no liquids’’ in the HMT that would allow
(d)(1) excepts from the HMR air bag comments on these proposals; therefore, fuel cell cartridges to be considered the
modules and seat-belt pretensioners we are adopting them without change in inner packaging of a combination
approved by the Associate this final rule. packaging so that shippers can take
pwalker on PROD1PC60 with RULES4

Administrator and installed in a motor advantage of the limited quantity


vehicle or a completed motor vehicle Section 173.222 provisions for flammable liquids in
component. In the NPRM, we proposed This section establishes requirements § 173.150. We do not believe that such
to revise paragraph (d)(1) to expand the for hazardous materials in equipment, a clarification is necessary. A fuel cell
exception to include air bag modules machinery and apparatus. Because of cartridge, shipped under the provisions

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78607

of § 173.150 as a limited quantity, may Because the exceptions in the UN (140 °F). We received no comments on
be considered the inner packaging Recommendations and ICAO Technical this issue; therefore, it is adopted
provided all applicable requirements are Instructions include an exception from without change in this final rule.
met. The commenter also suggests we shipping paper, package marking, and
Section 176.83
change the one liter net capacity limit labeling requirements, a carrier might
to allow up to one liter volume of the not be aware of the potential risks Section 176.83 establishes segregation
flammable liquid itself. We do not agree. associated with higher pressure aerosols requirements for hazardous materials
The net capacity of a fuel cell cartridge and small gas receptacles. In addition, transported by vessel. In the NPRM, we
should be the capacity of the fuel cell to avoid confusion and further clarify proposed to revise paragraph (a)(4) to
cartridge containing the flammable the intent of this exception, in the identify materials of different hazard
liquid. This is consistent with the NPRM we proposed to revise paragraph classes that do not react dangerously
requirements for other flammable (i) to specify that the 50 mL exception with each other and, therefore, do not
liquids shipped as a limited quantity in for aerosols does not apply to self- need to be segregated. No commenters
inner packagings or articles. Finally, the defense sprays. It was not our intent to addressed this proposal; it is adopted
commenter recommends we authorize authorize the use of this exception for without change in this final rule.
any rigid outer packaging conforming to self-defense sprays. We received no Section 176.84
the PG II performance level. We agree comments on this proposal; it is
and are amending the requirements in adopted in this final rule. Section 176.84 contains additional
paragraph (a)(2) accordingly. stowage and segregation requirements
Part 175 for hazardous materials on cargo and
Section 173.301 passenger vessels. Consistent with the
Section 175.10
On August 29, 2006, the Federal 2004 Edition of the IMDG Code,
Currently, safety matches or lighters incorporating Amendment 33–06, in the
Register published a final rule under
carried on board an aircraft and paragraph (b) Table of provisions, in the
Docket HM–220F (71 FR 51122))
intended for use by a passenger or crew NPRM we proposed to add new Code
establishing additional requalification
member are excepted from the HMR. ‘‘144’’ to the entries ‘‘Plastic molding
requirements for cylinders
Consistent with the ICAO Technical compound in dough, sheet or extruded
manufactured of aluminum alloy 6351–
T6. In § 173.301, we moved a sentence Instructions, in the NPRM we proposed rope from evolving flammable vapor,’’
prohibiting the use of DOT 3AL to revise paragraph (a)(2) to limit the UN3314, and ‘‘Polymeric beads
cylinders manufactured of aluminum number of safety matches that may be expandable, evolving flammable vapor,’’
alloy 6351–T6 for transporting carried on one’s person or in carry-on UN2211. New Code ‘‘144’’ specifies
pyrophoric gases from paragraph (d) to baggage by a passenger or crewmember these materials must be mechanically
a new paragraph (o). We revised the to one packet. We received no ventilated in accordance with SOLAS
remaining requirement in paragraph (d). comments on this issue; therefore, it is Chapter II–2/Regulation 19 for
However, we inadvertently omitted a adopted without change in this final flammable liquids with a flashpoint
sentence prohibiting the use of rule. below 23 °C (73 °F) when stowed under
aluminum alloy 6351–T6 for the Section 175.78 deck. No comments addressed this
manufacture of UN cylinders recently issue; it is adopted without change in
Section 175.78 establishes this final rule.
added in paragraph (d) under a final
requirements for stowing hazardous Also, in the NPRM, we proposed to
rule published June 12, 2006 under
materials on an airplane. In the NPRM, add a new note ‘‘2’’ following the Table.
Docket HM–220E (71 FR 33858). In this
we proposed to paragraph (c)(4) to Note ‘‘2’’ provides an exception from
final rule, we are correcting § 173.301(o)
clarify which explosive materials may the segregation requirements for Class 8,
by reinserting the language prohibiting
be stowed together aboard an aircraft PG II and III materials, provided the
the use of UN cylinders manufactured of
and to remove existing stowage substances do not react dangerously
aluminum alloy 6351–T6.
references for explosive materials not with one another and the quantities per
Section 173.306 authorized for transportation aboard package do not exceed 30 L (7.8 gallons)
This section establishes transportation aircraft under any circumstances. We for liquids and 30 kg (66 lbs.) for solids.
requirements for limited quantities of received no comments on this issue; We also proposed to revise Codes ‘‘26,’’
compressed gases. Paragraph (i) of this therefore, it is adopted without change ‘‘27,’’ ‘‘52,’’ and ‘‘53’’ to add the new
section excepts aerosols with capacities in this final rule. Note ‘‘2.’’
under 50 mL (1.7 oz) and pressures not Part 176 One commenter [VOHMA] supports
exceeding 970 kPa (141 psig) at 55 °C the proposal to add a new Note ‘‘2,’’ but
(131 °F) from all HMR requirements. In Section 176.76 suggests the following provision be
the NPRM, we proposed to expand this Section 176.76 establishes added: ‘‘The transport document must
exception to aerosols with capacities of requirements for vessel transportation of include the statement required by
less than 50 mL (1.7 oz) and pressures transport vehicles, freight containers, § 172.203(i)(5) and a copy of the test
of up to 290 psig (2000 kPa) provided and portable tanks containing hazardous report that verifies that the substances
the packagings conform to the general materials. Paragraph (f) includes do not react dangerously with each
packaging requirements of Subpart B of requirements for portable tanks other shall be provided if requested by
Part 173. The proposed amendment is containing flammable liquids or gases. the competent authority.’’ The
not consistent with provisions of the UN Consistent with recent changes to the commenter also recommends an
Recommendations or the ICAO classification of flammable liquids additional shipping paper requirement
Technical Instructions, which do not based on the GHS and adopted into the under § 172.203 to indicate the
pwalker on PROD1PC60 with RULES4

limit the pressure within the aerosol or UN Recommendations and discussed utilization of this provision. The
small receptacle. We are not convinced elsewhere in this preamble, in the commenter bases its request on a need
that aerosols should be excepted from NPRM we proposed to revise paragraph for consistency with the IMDG Code,
all regulation when the pressure in the (f)(2) to specify the new upper limit for and the need for verification to the
container exceeds 290 psig (2000 kPa). a PG III flammable liquid to be 60 °C carrier that the substances have been

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78608 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

tested and do not react dangerously data are found in Section 41 of establishing additional requalification
with each other. Addendum 2 to the UN Manual of Tests requirements for cylinders
We acknowledge the commenter’s and Criteria. manufactured of aluminum alloy 6351–
recommendation that new Note ‘‘2’’ may Consistent with the UN T6. In the amendatory language, we
require an accompanying statement on a Recommendations, in the NPRM we inadvertently revised paragraph (d)
transport document, such as a shipping proposed to revise paragraph (j)(6) to rather than the paragraph (d)
paper, in order to adequately notify require each UN portable tank design introductory text. In this final rule, we
carriers of the use of this provision. We type be subjected to a dynamic are revising paragraph (d) to correct this
also acknowledge the commenter’s longitudinal impact test to prove the error.
suggestion that supporting ability of the portable tank to withstand
documentation, such as a test report, Section 180.352
the effects of a longitudinal impact. The
should accompany shipments of these NPRM proposed an effective for the new Section 180.352 establishes
hazardous materials. Because these requirement of January 1, 2008, and requirements for retesting and
additional requirements were not further proposed that UN portable tanks inspection of IBCs to ensure that they
proposed in the NPRM, they are beyond impact-tested prior to January 1, 2008, continue to conform to the applicable
the scope of this rulemaking. However, based on the criteria in effect on October specification. In the NPRM, we
we agree that carriers may need some 1, 2005, need not be retested. We proposed to revise paragraph (b) to
notification of the use of this provision received no comments on this proposal; specify that each IBC intended to
and will consider the issue in a future we are adopting it without change in contain solids that are loaded or
rulemaking. this final rule. discharged under pressure or intended
In this final rule, we are adopting the to contain liquids must be tested in
proposal to add new Note ‘‘2’’ to the Section 178.602 accordance with the leakproofness test
Segregation Table, and to revise Codes Section 178.602 establishes prescribed in § 178.813 prior to its first
‘‘26,’’ ‘‘27,’’ ‘‘52,’’ and ‘‘53’’ by adding requirements for the preparation of use in transportation. For this test, the
the new Note ‘‘2,’’ as proposed in the packagings for testing to ensure that the IBC is not required to have its closures
NPRM. In addition, we are also adopting packaging conforms to the design fitted. These proposals incorporate
the proposal to add Code ‘‘144’’ to the requirements of the applicable clarifications adopted in the Fourteenth
entries ‘‘Plastic molding compound in specification. Currently, for the revised edition of the UN
dough, sheet or extruded rope from preparation of bags for the drop and Recommendations. We received no
evolving flammable vapor,’’ UN3314, stacking tests, paragraph (b) requires comments on these proposals and are
and ‘‘Polymeric beads expandable, bags to be filled to the maximum mass adopting them without change in this
evolving flammable vapor,’’ UN2211, to at which they may be used. In the final rule.
specify these materials must be NPRM, we proposed to revise paragraph
IV. Regulatory Analyses and Notices
mechanically ventilated in accordance (b) to clarify that the preparation of bags
with SOLAS regulation II–2/19 (IBR; see for the drop and stacking tests only A. Statutory/Legal Authority for This
§ 171.7 of this subchapter) for applies to bags containing solids. No Rulemaking
flammable liquids with a flashpoint commenters addressed this proposal; it This final rule is published under the
below 23 °C (73 ° F) when stowed under is adopted without change in this final following statutory authorities:
deck. Finally, in paragraph (b), we are rule. 1. 49 U.S.C. 5103(b) authorizes the
revising Provisions ‘‘22,’’ ‘‘23,’’ and Secretary of Transportation to prescribe
Section 178.810
‘‘109’’ to reflect the new upper regulations for the safe transportation,
flammability limit for flammable Section 178.810 establishes including security, of hazardous
liquids. Also see §§ 173.35, 173.120, requirements for performing the drop material in intrastate, interstate, and
173.121 and Appendix H to Part 173 test for IBCs. In the NPRM, we proposed foreign commerce. This final rule
preamble text. to revise paragraph (b)(1) to clarify that amends regulations to maintain
metal, rigid plastic, and composite IBCs alignment with international standards
Part 178 must be filled to not less than 95% of by incorporating various amendments,
Section 178.274 their maximum capacity when including changes to proper shipping
Section 178.274 establishes design, conducting drop tests for solids, and not names, hazard classes, packing groups,
manufacturing, and test requirements less than 98% of their maximum special provisions, packaging
for UN portable tanks. Currently, a capacity for liquids. Similarly, in authorizations, air transport quantity
prototype UN portable tank must be paragraph (b)(2), we proposed to require limitations and vessel stowage
shown to be capable of absorbing the fiberboard and wooden IBCs to be filled requirements. To this end, as discussed
forces resulting from an impact not less with a solid material to not less than in detail earlier in this preamble, the
than four times the maximum 95% of their maximum capacity. Also, final rule amends the HMR to more fully
permissible gross weight of the fully we proposed to add a new paragraph align them with the biennial updates of
loaded portable tank at a duration that (b)(3) to require filling flexible IBCs to the UN Recommendations, the IMDG
is typical of the mechanical shocks the maximum permissible gross mass Code and the ICAO Technical
experienced in rail transportation. and even distribution of the contents. Instructions; this will facilitate the
Several standards describing methods No commenters addressed these transport of hazardous materials in
acceptable for performing the impact proposals; they are adopted without international commerce.
test were previously listed in the UN change in this final rule. Harmonization serves to facilitate
Recommendations (6.7.3.15). The Part 180 international transportation; at the same
pwalker on PROD1PC60 with RULES4

Fourth revised edition of the UN time, harmonization ensures the safety


Manual of Tests and Criteria includes a Section 180.213 of people, property, and the
dynamic longitudinal impact test for On August 29, 2006 the Federal environment by reducing the potential
portable tanks. All procedures, test Register published a final rule under for confusion and misunderstanding
requirements, processing and analysis of Docket HM–220F (71 FR 51122) that could result if shippers and

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78609

transporters were required to comply in this final rule include enhanced hazardous material and requirements
with two or more conflicting sets of transportation safety resulting from the related to the number, contents, and
regulatory requirements. While the consistency of domestic and placement of those documents;
intent of this rulemaking is to align the international hazard communications (4) The written notification,
HMR with international standards, we and continued access to foreign markets recording, and reporting of the
review and consider each amendment by U.S. manufacturers of hazardous unintentional release in transportation
on its own merit based on its overall materials. of hazardous material; and
impact on transportation safety and the The majority of amendments in this (5) The design, manufacture,
economic implications associated with final rule result in cost savings and ease fabrication, inspection, marking,
its adoption into the HMR. Our goal is the regulatory compliance burden for maintenance, recondition, repair, or
to harmonize without sacrificing the shippers engaged in domestic and testing of a packaging or container
current HMR level of safety and without international commerce, including represented, marked, certified, or sold
imposing undue burdens on the trans-border shipments within North as qualified for use in transporting
regulated public. Thus, as discussed in America. hazardous material in commerce.
detail earlier in this preamble, there are We are authorizing a delayed effective This final rule addresses covered
several instances where we elected not date and a one-year transition period for subject items (1), (2), (3), and (5) above
to adopt a specific provision of the UN the majority of amendments in this final and preempts State, local, and Indian
Recommendations, the IMDG Code or rule; we are authorizing extended tribe requirements not meeting the
the ICAO Technical Instructions. transition periods for certain ‘‘substantively the same’’ standard. This
Moreover, we are maintaining a number amendments. The transition periods final rule is necessary to incorporate
of current exceptions for domestic allow for training of employees and ease changes adopted in international
transportation that should minimize the any burden on entities affected by the standards, effective January 1, 2007. If
compliance burden on the regulated amendments. The total net increase in the changes in this final rule are not
community. costs to businesses in implementing the adopted in the HMR, U.S. companies,
2. 49 U.S.C. 5120(b) authorizes the final rule is considered to be minimal. including numerous small entities
Secretary of Transportation to ensure The costs are the result of competing in foreign markets, would be
that, to the extent practicable, reprogramming shipping paper at an economic disadvantage. These
regulations governing the transportation computer programs, replacement of pre- companies would be forced to comply
of hazardous materials in commerce are printed forms for firms that do not use with a dual system of regulations. The
consistent with standards adopted by automated systems, and changes to changes in this rulemaking are intended
international authorities. This final rule package markings and labels. Initial to avoid this result. Federal hazardous
amends the HMR to maintain alignment start-up and inventory costs result from materials transportation law provides at
with international standards by these changes; however, the costs will section 5125(b)(2) that, if DOT issues a
incorporating various amendments to be offset by greater long-term savings of regulation concerning any of the
facilitate the transport of hazardous conformance with one set of regulations covered subjects, DOT must determine
material in international commerce. To and a one-year transition period. A and publish in the Federal Register the
this end, as discussed in detail earlier in regulatory evaluation is available for effective date of Federal preemption.
this preamble, the rule incorporates review in the public docket for this The effective date may not be earlier
changes into the HMR based on the rulemaking. than the 90th day following the date of
Fourteenth revised edition of the UN issuance of the final rule and not later
Recommendations, Amendment 33 to C. Executive Order 13132 than two years after the date of issuance.
the IMDG Code, and the 2007–2008 This final rule has been analyzed in The effective date of Federal preemption
ICAO Technical Instructions, which accordance with the principles and is March 29, 2007.
become effective January 1, 2007. The criteria contained in Executive Order
continually increasing amount of 13132 (‘‘Federalism’’). This final rule D. Executive Order 13175
hazardous materials transported in preempts State, local and Indian tribe This final rule was analyzed in
international commerce warrants the requirements but does not impose any accordance with the principles and
harmonization of domestic and regulation that has substantial direct criteria contained in Executive Order
international requirements to the effects on the States, the relationship 13175 (‘‘Consultation and Coordination
greatest extent possible. between the national government and with Indian Tribal Governments’’).
the States, or the distribution of power Because this final rule does not have
B. Executive Order 12866 and DOT
and responsibilities among the various tribal implications and does not impose
Regulatory Policies and Procedures
levels of government. Therefore, the substantial direct compliance costs, the
This final rule is not considered a consultation and funding requirements funding and consultation requirements
significant regulatory action under of Executive Order 13132 do not apply. of Executive Order 13175 do not apply.
section 3(f) of Executive Order 12866 The Federal hazardous material
and, therefore, was not reviewed by the E. Regulatory Flexibility Act, Executive
transportation law, 49 U.S.C. 5101– Order 13272, and DOT Procedures and
Office of Management and Budget. The 5128, contains an express preemption
final rule is not considered a significant Policies
provision (49 U.S.C. 5125(b)) that
rule under the Regulatory Policies and preempts State, local, and Indian tribe The Regulatory Flexibility Act (5
Procedures of the Department of requirements on certain covered U.S.C. 601 et seq.) requires an agency to
Transportation [44 FR 11034]. This final subjects. Covered subjects are: review regulations to assess their impact
rule applies to offerors and carriers of (1) The designation, description, and on small entities, unless the agency
hazardous materials, such as chemical classification of hazardous material; determines that a rule is not expected to
pwalker on PROD1PC60 with RULES4

manufacturers, chemical users and (2) The packing, repacking, handling, have a significant impact on a
suppliers, packaging manufacturers, labeling, marking, and placarding of substantial number of small entities.
distributors, battery manufacturers, and hazardous material; This final rule facilitates the
radiopharmaceutical companies. (3) The preparation, execution, and transportation of hazardous materials in
Benefits resulting from the amendments use of shipping documents related to international commerce by providing

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78610 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

consistency with international ‘‘Approvals for Hazardous Materials’’ of the requirements and permits
standards. This final rule applies to OMB Number 2137–0557: shippers to more easily comply with
offerors and carriers of hazardous Total Annual Number of safety regulations and avoid the
materials, some of whom are small Respondents: 3,523. potential for environmental damage or
entities, such as chemical users and Total Annual Responses: 3,874.8. contamination. Our findings conclude
suppliers, packaging manufacturers, Total Annual Burden Hours: 25,605. that there are no significant
distributors, and battery manufacturers. Total Annual Burden Cost: environmental impacts associated with
As discussed above, under Executive $562,837.40. this final rule. For interested parties, an
Order 12866, the majority of Environmental Assessment is available
‘‘Subsidiary Hazard Class & Number/ in the public docket.
amendments in this final rule result in
Type of Packagings’’ OMB Number
cost savings and ease the regulatory J. Privacy Act
2137–0613:
compliance burden for shippers engaged
in domestic and international Total Annual Number of Anyone is able to search the
Respondents: 250,000. electronic form of any written
commerce, including trans-border
Total Annual Responses: 6,337,500. communications and comments
shipments within North America.
Total Annual Burden Hours: 17,604. received into any of our dockets by the
Many companies will realize Total Annual Burden Cost: $216,705. name of the individual submitting the
economic benefits as a result of these Total First Year Burden Hours: document (or signing the document, if
amendments. Additionally, the changes 45,705. submitted on behalf of an association,
effected by this final rule will relieve Total First Year Burden Cost: business, labor union, etc.). You may
U.S. companies, including small entities $1,115,992. review DOT’s complete Privacy Act
competing in foreign markets, from the Requests for a copy of this Statement in the Federal Register
burden of complying with a dual system information collection should be published on April 11, 2000 (Volume
of regulations. Therefore, I certify that directed to Deborah Boothe or T. Glenn 65, Number 70; Pages 19477–78) or you
the requirements in this final rule will Foster, Office of Hazardous Materials may visit http://dms.dot.gov.
not have a significant economic impact Standards (PHH–10), Pipeline and
Hazardous Materials Safety List of Subjects
on a substantial number of small
entities. Administration, Room 8422, 400 49 CFR Part 171
Seventh Street, SW., Washington, DC
This final rule has been developed in Exports, Hazardous materials
20590–0001, telephone (202) 366–8553.
accordance with Executive Order 13272 transportation, Hazardous waste,
(‘‘Proper Consideration of Small Entities G. Regulation Identifier Number (RIN) Imports, Incorporation by reference,
in Agency Rulemaking’’) and DOT’s A regulation identifier number (RIN) Reporting and recordkeeping
procedures and policies to promote is assigned to each regulatory action requirements.
compliance with the Regulatory listed in the Unified Agenda of Federal 49 CFR Part 172
Flexibility Act to ensure that potential Regulations. The Regulatory Information
impacts of draft rules on small entities Education, Hazardous materials
Service Center publishes the Unified transportation, Hazardous waste,
are properly considered. Agenda in April and October of each Incorporation by reference, Labeling,
F. Paperwork Reduction Act year. The RIN contained in the heading Markings, Packaging and containers,
of this document can be used to cross- Reporting and recordkeeping
Under the Paperwork Reduction Act reference this action with the Unified requirements.
of 1995, no person is required to Agenda.
respond to a collection of information 49 CFR Part 173
H. Unfunded Mandates Reform Act
unless it displays a valid Office of Hazardous materials transportation,
Management and Budget (OMB) control This final rule does not impose Incorporation by reference, Packaging
number. Section 1320.8(d), Title 5, Code unfunded mandates under the and containers, Radioactive materials,
of Federal Regulations requires that Unfunded Mandates Reform Act of Reporting and recordkeeping
PHMSA provide interested members of 1995. It does not result in costs of requirements, Uranium.
the public and affected agencies an $120.7 million or more to either State,
local or tribal governments, in the 49 CFR Part 175
opportunity to comment on information
collection and recordkeeping requests. aggregate, or to the private sector, and Air carriers, Hazardous materials
PHMSA currently has two approved is the least burdensome alternative that transportation, Incorporation by
information collections affecting this achieves the objective of the rule. reference, Radioactive materials,
final rule: OMB Control Number 2137– I. Environmental Assessment Reporting and recordkeeping
0557, ‘‘Approvals for Hazardous requirements.
The National Environmental Policy
Materials’’ with 25,605 burden hours Act of 1969 (NEPA) requires Federal 49 CFR Part 176
and $562,837.40 burden costs; and OMB agencies to consider the consequences
Control Number 2137–0613, Hazardous materials transportation,
of major Federal actions and prepare a Incorporation by reference, Maritime
‘‘Subsidiary Hazard Class & Number/ detailed statement on actions
Type of Packagings’’ with 63,309 burden carriers, Radioactive materials,
significantly affecting the quality of the Reporting and recordkeeping
hours and $216,705 burden costs. human environment. We developed an requirements.
There are minor editorial changes assessment to determine the effects of
under this rule. However, there is no net these revisions on the environment and 49 CFR Part 178
pwalker on PROD1PC60 with RULES4

increase in burden for OMB Control whether a more comprehensive Hazardous materials transportation,
Number 2137–0557 or OMB Control environmental impact statement may be Incorporation by reference, Motor
Number 2137–0613. We estimate the required. Consistency in the regulations vehicle safety, Packaging and
total information collection and for the transportation of hazardous containers, Reporting and recordkeeping
recordkeeping burden as follows: materials aids in shipper understanding requirements.

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78611

49 CFR Part 180 ■ 2. In § 171.7, in the paragraph (a)(3) ■ c. Under the entry ‘‘United Nations,’’
Hazardous materials transportation, table, the following changes are made: the entry ‘‘UN Recommendations on the
■ a. Under the entry ‘‘International Civil Transport of Dangerous Goods,
Motor carriers, Motor vehicle safety,
Packaging and containers, Railroad Aviation Organization (ICAO),’’ the Thirteenth Revised Edition (2003),
safety, Reporting and recordkeeping entry ‘‘Technical Instructions for the Volumes I and II’’ is revised;
requirements. Safe Transport of Dangerous Goods by
■ d. Under the entry ‘‘United Nations,’’
Air (ICAO Technical Instructions),
■ In consideration of the foregoing, 49 the entry ‘‘UN Recommendations on the
2005–2006 Edition’’ is revised;
CFR Chapter I is amended as follows: ■ b. Under the entry ‘‘International Transport of Dangerous Goods, Manual
Maritime Organization (IMO),’’ the of Tests and Criteria, Fourth Revised
PART 171—GENERAL INFORMATION, Edition, (2003)’’ is revised.
entries ‘‘International Convention for
REGULATIONS, AND DEFINITIONS
the Safety of Life at Sea, (SOLAS) The revisions read as follows:
■ 1. The authority citation for part 171 Amendments 2000, Chapter II–2/
continues to read as follows: Regulation 19, 2001’’ and ‘‘International § 171.7 Reference material.
Authority: 49 U.S.C. 5101–5128, 44701; 49 Maritime Dangerous Goods Code (IMDG (a) * * *
CFR 1.45 and 1.53; Pub. L. 101–410 section Code), 2004 Edition, Incorporating
4 (28 U.S.C. 2461 note); Pub. L. 104–134 Amendment 32–04 (English Edition), (3) Table of material incorporated by
section 31001. Volumes 1 and 2’’ are revised; reference. * * *

Source and name of material 49 CFR reference

* * * * * * *
International Civil Aviation Organization (ICAO),

* * * * * * *
Technical Instructions for the Safe Transport of Dangerous Goods by 171.8; 171.11; 172.202; 172.401; 172.512; 172.602; 173.320; 175.33;
Air (ICAO Technical Instructions), 2007–2008 Edition. 178.3.
International Maritime Organization (IMO),

* * * * * * *
International Convention for the Safety of Life at Sea, (SOLAS) Amend- 176.63; 176.84.
ments 2000, Chapter II–2/Regulation 19, 2001.
International Maritime Dangerous Goods Code (IMDG Code), 2006 Edi- 171.12; 172.202; 172.401; 172.502; 172.602; 173.21; 176.2; 176.5;
tion, Incorporating Amendment 33–06 (English Edition), Volumes 1 176.11; 176.27; 176.30; 178.3; 178.274.
and 2.

* * * * * * *
United Nations,

* * * * * * *
UN Recommendations on the Transport of Dangerous Goods, Four- 171.8; 171.12; 172.202; 172.401; 172.502; 173.22; 173.24; 173.24b;
teenth revised edition (2005), Volumes I and II. 173.40; 173.192; 173.197; 173.302b; 173.304b; 178.75; 178.274;
178.801.
UN Recommendations on the Transport of Dangerous Goods, Manual 172.102; 173.21; 173.56; 173.57; 173.58; 173.115; 173.124; 173.125;
of Tests and Criteria, Fourth revised edition, (2003), and Addendum 173.127; 173.128; 173.137; 173.185; Part 173, appendix H;
2, (2004). 178.274.

* * * * * * *

* * * * * section, a person may elect to comply requirements of this subchapter in the


■ 3. In § 171.14, paragraph (b) is with either the applicable requirements final rule without intermixing
removed and reserved; paragraphs (d) of this subchapter in effect on December communication elements, except that
introductory text, (d)(1) and (d)(2) are 31, 2006, or the requirements published intermixing is permitted during the
revised; paragraphs (d)(7) and (d)(8) are in the December 29, 2006 final rule. applicable transition period for
removed; paragraphs (e) and (f) are (1) Transition dates. The effective packaging, hazard communication and
revised; and new paragraph (g) is added date of the final rule published on handling provisions, as follows:
to read as follows: December 29, 2006 is January 1, 2007. (i) If either shipping names or
A delayed compliance date of January 1, identification numbers are identical, a
§ 171.14 Transitional provisions for 2008, is authorized. Unless otherwise
implementing certain requirements. shipping paper may display the old
specified, on and after January 1, 2008, shipping description even if the package
* * * * * all applicable regulatory requirements is marked and labeled under the new
(b) [Reserved] adopted in the final rule in effect on shipping description;
* * * * * January 1, 2007, must be met.
(d) A final rule published in the (2) Intermixing old and new (ii) If either shipping names or
pwalker on PROD1PC60 with RULES4

Federal Register on December 29, 2006, requirements. Marking, labeling, identification numbers are identical, a
effective January 1, 2007, resulted in placarding, and shipping paper shipping paper may display the new
revisions to this subchapter. During the descriptions must conform to either the shipping description; and
transition period, until January 1, 2008, old requirements of this subchapter in (iii) Either old or new placards may be
as provided in paragraph (d)(1) of this effect on December 31, 2006, or the new used regardless of whether old or new

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78612 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

shipping descriptions, labels, and (g) The Class 3 and Division 6.1 Table is amended by removing, adding
package markings are used. classification criteria and packing group and revising, in the appropriate
* * * * * assignments in effect on December 31, alphabetical sequence, to read as
(e) The shipping description 2006, may be used until January 1, 2012. follows:
sequences in effect on December 31,
2006, may be used until January 1, 2013. PART 172—HAZARDOUS MATERIALS § 172.101 Purpose and use of hazardous
(f) Except for transportation by TABLE, SPECIAL PROVISIONS, materials table.
highway, a Division 5.2 label and a HAZARDOUS MATERIALS * * * * *
Division 5.2 placard conforming to the COMMUNICATIONS, EMERGENCY
(d) * * *
specifications in §§ 172.427 and RESPONSE INFORMATION, AND
172.552, respectively, of this subchapter TRAINING REQUIREMENTS (4) Each reference to a Class 3
in effect on December 31, 2006, may be material is modified to read
■ 4. The authority citation for part 172 ‘‘Combustible liquid’’ when that
used until January 1, 2011. For
continues to read as follows: material is reclassified in accordance
transportation by highway, a Division
5.2 placard conforming to the Authority: 49 U.S.C. 5101–5128; 44701; 49 with § 173.150(e) or (f) of this
specifications in § 172.552 of this CFR 1.53. subchapter or has a flash point above 60
subchapter in effect on December 31, ■ 5. In § 172.101, paragraph (d)(4) is °C (140 °F) but below 93 °C (200 °F).
2006 may be used until January 1, 2014. revised and the Hazardous Materials * * * * *
pwalker on PROD1PC60 with RULES4

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
pwalker on PROD1PC60 with RULES4

§ 172.101 HAZARDOUS MATERIALS TABLE


(8) (9) (10)
Hazardous mate- Hazard Identifica- Special Packaging Quantity limitations Vessel stowage
rials descriptions
Symbols class or di- tion num- PG Label codes provisions (§ 173.***)
and proper ship-

VerDate Aug<31>2005
vision bers (§ 172.102) Passenger Cargo air-
ping names Location Other
Exceptions Non-bulk Bulk aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

* * * * * * *

18:33 Dec 28, 2006


Carbon dioxide and 2.2 UN1015 .... ................... 2.2 ...................... ............................ 306 ........... None ......... 314, 315 ... 75 kg ........ 150 kg ...... A..
nitrous oxide
mixtures.

* * * * * * *

Jkt 211001
Carbon dioxide and 2.2 UN1014 .... ................... 2.2, 5.1 ............... 77, A14 ............... 306 ........... 304 ........... 314, 315 ... 75 kg ........ 150 kg ...... A..
oxygen mixtures,
compressed.

PO 00000
* * * * * * *
Carbon monoxide 2.3 UN2600 .... ................... 2.3, 2.1 ............... 6 ......................... None ......... 302 ........... 302 ........... Forbidden Forbidden D ............... 40
and hydrogen
mixture, com-
pressed.

Frm 00019
* * * * * * *
Crotonaldehyde, 6.1 UN1143 .... I ................ 6.1, 3 .................. 2, B9, B14, B32, None ......... 227 ........... 244 ........... Forbidden Forbidden B ............... 40.
stabilized. B74, B77, T20,

Fmt 4701
TP2, TP13,
TP38, TP45.
Crotonic acid, liquid 8 UN2823 .... III .............. 8 ......................... IB8, T1 ............... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 12.
Crotonic acid, solid 8 UN2823 .... III .............. 8 ......................... IB8, IP3, T1, 154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 12.
TP33.

Sfmt 4700
* * * * * * *
Formic acid ........... 8 UN1779 .... II ............... -8 ........................ B2, B28, IB2, T7, 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 40
TP2.

* * * * * * *
Hydrogen 8 UN1740 .... II ............... 8 ......................... IB8, IP2, IP4, N3, None ......... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 25, 40, 52.
difluorides, n.o.s. N34, T3, TP33.

E:\FR\FM\29DER4.SGM
* * * * * * *
III .............. 8 ......................... IB8, IP3, N3, 154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 25, 40, 52.
N34, T1, TP33.

29DER4
* * * * * * *
Hydroquinone, 6.1 UN2662 .... III .............. 6.1 ...................... IB8, IP3, T1, 153 ........... 213 ........... 240 ........... 100 kg ...... 200 kg ...... A..
solid. TP33.
Hydroquinone solu- 6.1 UN3435 .... III .............. 6.1 ...................... IB3, T4, TP1 ....... 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ A..
tion.

* * * * * * *
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

Propionic acid ....... 8 UN1848 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A..

* * * * * * *
Rare gases and ni- 2.2 UN1981 .... ................... 2.2 ...................... ............................ 306 ........... 302 ........... None ......... 75 kg ........ 150 kg ...... A..
trogen mixtures,
compressed.
78613
pwalker on PROD1PC60 with RULES4

§ 172.101 HAZARDOUS MATERIALS TABLE—Continued


(8) (9) (10)
78614

Hazardous mate- Hazard Identifica- Special Packaging Quantity limitations Vessel stowage
rials descriptions
Symbols class or di- tion num- PG Label codes provisions (§ 173.***)
and proper ship-

VerDate Aug<31>2005
vision bers (§ 172.102) Passenger Cargo air-
ping names Location Other
Exceptions Non-bulk Bulk aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

* * * * * * *
Rare gases and 2.2 UN1980 .... ................... 2.2 ...................... 79 ....................... 306 ........... 302 ........... None ......... 75 kg ........ 150 kg ...... A.
oxygen mixtures,
compressed.

20:24 Dec 28, 2006


* * * * * * *
Rare gases mix- 2.2 UN1979 .... ................... 2.2 ...................... ............................ 306 ........... 302 ........... None ......... 75 kg ........ 150 kg ...... A.
tures, com-

Jkt 211001
pressed.

* * * * * * *
Regulated medical 6.2 UN3291 .... II ............... 6.2 ...................... A13 ..................... 134 ........... 197 ........... 197 ........... No limit ..... No limit ..... A ............... 40.
waste.

PO 00000
* * * * * * *
[Add]:

* * * * * * *

Frm 00020
Crotonaldehyde or 6.1 UN1143 .... I ................ 6.1, 3 .................. 2, 175, B9, B14, None ......... 227 ........... 244 ........... Forbidden Forbidden B ............... 40.
Crotonaldehyde, B32, B74, B77,
stabilized. T20, TP2,
TP13, TP38,

Fmt 4701
TP45.
Crotonic acid, liquid 8 UN3472 .... III .............. 8 ......................... IB8, T1 ............... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 12.
Crotonic acid, solid 8 UN2823 .... III .............. 8 ......................... IB8, IP3, T1, 154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 12.
TP33.

Sfmt 4700
* * * * * * *
Formic acidwith not 8 UN3412 .... II ............... 8 ......................... IB2, T7, TP2 ....... 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 40.
less than 10%
but not more
than 85% acid by
mass.
Formic acidwith not 8 UN3412 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 40
less than 5% but
less than 10%
acid by mass.

E:\FR\FM\29DER4.SGM
Formic acid with 8 UN1779 .... II ............... 8, 3 ..................... B2, B28, IB2, T7, 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 40.
more than 85% TP2.
acid by mass.

29DER4
* * * * * * *
Fuel cell car- 3 UN3473 .... II ............... 3 ......................... ............................ 150 ........... 230 ........... None ......... 5 L ............ 60 L .......... A.
tridge-
s.containing
flammable liquids.

* * * * * * *
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

Hydrogendifluoride- 8 UN1740 .... II ............... 8 ......................... IB8, IP2, IP4, N3, None ......... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 25, 40, 52.
s, solid, n.o.s. N34, T3, TP33.
III .............. 8 ......................... IB8, IP3, N3, 154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 25, 40, 52.
N34, T1, TP33.
Hydrogendifluoride 8 UN3471 .... II ............... 8, 6.1 .................. IB2, T7, TP2 ....... 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 25, 40, 52.
solution, n.o.s.
III .............. 8, 6.1 .................. IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 25, 40, 52.
pwalker on PROD1PC60 with RULES4

* * * * * * *
Nitric acid other 8 UN2031 .... II ............... 8 ......................... A6, B2, B47, None ......... 158 ........... 242 ........... 1 L ............ 30 L .......... D.
than red fuming B53, IB2, T8,
with not more TP2, TP12.
than 20 percent

VerDate Aug<31>2005
nitric acid.

* * * * * * *
Paint, corrosive, 8 UN3470 .... II ............... 8, 3 ..................... IB2, T7, TP2, 154 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... B ............... 40.
flammable (in- TP8, TP28.
cluding paint,
lacquer, enamel,
stain, shellac,

18:33 Dec 28, 2006


varnish, polish,
liquid filler and
liquid lacquer
base).
Paint related mate- 8 UN3470 .... II ............... 8, 3 ..................... IB2, T7, TP2, 154 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... B ............... 40.

Jkt 211001
rial corrosive, TP8, TP28.
flammable (in-
cluding paint
thinning or re-

PO 00000
ducing com-
pound).

* * * * * * *
Paint, flammable, 3 UN3469 .... I ................ 3, 8 ..................... T11, TP2, TP27 None ......... 201 ........... 243 ........... 0.5 L ......... 2.5 L ......... E ............... 40.

Frm 00021
corrosive (includ-
ing paint, lac-
quer, enamel,
stain, shellac,

Fmt 4701
varnish, polish,
liquid filler and
liquid lacquer
base).
II ............... 3, 8 ..................... IB2, T7, TP2, 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40.

Sfmt 4700
TP8, TP28.
III .............. 3, 8 ..................... IB3, T4, TP1, 150 ........... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40.
TP29.
Paint related mate- 3 UN3469 .... I ................ 3, 8 ..................... T11, TP2, TP27 None ......... 201 ........... 243 ........... 0.5 L ......... 2.5 L ......... E ............... 40.
rial, flammable,
corrosive (includ-
ing paint thinning
or reducing com-
pound.

E:\FR\FM\29DER4.SGM
II ............... 3, 8 ..................... IB2, T7, TP2, 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40.
TP8, TP28.
III .............. 3, 8 ..................... IB3, T4, TP1, 150 ........... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40.
TP29.

29DER4
* * * * * * *
Propionic acid with 8 UN3463 .... II ............... 8, 3 ..................... IB2, T7, TP2 ....... 154 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... A..
not less than
90% acid by
mass.
Propionic acid with 8 UN1848 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A..
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

not less than


10% and less
than 90% acid by
mass.
78615
pwalker on PROD1PC60 with RULES4

§ 172.101 HAZARDOUS MATERIALS TABLE—Continued


(8) (9) (10)
78616

Hazardous mate- Hazard Identifica- Special Packaging Quantity limitations Vessel stowage
rials descriptions
Symbols class or di- tion num- PG Label codes provisions (§ 173.***)
and proper ship-

VerDate Aug<31>2005
vision bers (§ 172.102) Passenger Cargo air-
ping names Location Other
Exceptions Non-bulk Bulk aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

* * * * * * *
Regulated medical 6.2 UN3291 .... II ............... 6.2 ...................... A13 ..................... 134 ........... 197 ........... 197 ........... No limit ..... No limit ..... B ............... 40.
waste, n.o.s. or

20:24 Dec 28, 2006


Clinical waste,
unspecified,
n.o.s. or (BIO)
Medical waste,
n.o.s.

Jkt 211001
* * * * * * *
[Revise]:

PO 00000
* * * * * * *
Aerosols, non-flam- 2.2 UN1950 .... ................... 2.2 ...................... ............................ 306 ........... None ......... None ......... 75 kg ........ 150 kg ...... A ............... 48, 87,
mable,(each not 126.
exceeding 1 L
capacity).

Frm 00022
* * * * * * *
G ................. Amines, flam- 3 UN2733 .... I ................ 3, 8 ..................... T14, TP1, TP27 None ......... 201 ........... 243 ........... 0.5 L ......... 2.5 L ......... D ............... 40, 52.
mable, corrosive,

Fmt 4701
n.o.s. or
Polyamines,
flammable, corro-
sive, n.o.s.

Sfmt 4700
II ............... 3, 8 ..................... IB2, T11, TP1, 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40, 52.
TP27.
III .............. 3, 8 ..................... B1, IB3, T7, TP1, 150 ........... 203 ........... 242 ........... 5 L ............ 60 L .......... A ............... 40, 52.
TP28.

* * * * * * *
Aminopyridines (o-; 6.1 UN2671 .... II ............... 6.1 ...................... IB8, IP2, IP4, T3, 153 ........... 212 ........... 242 ........... 25 kg ........ 100 kg ...... B ............... 12, 40, 52.
m-; p-). TP33.
I ................... Ammonia, anhy- 2.3 UN1005 .... ................... 2.3, 8 .................. 4, T50 ................. None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 52, 57.

E:\FR\FM\29DER4.SGM
drous.
D ................. Ammonia, anhy- 2.2 UN1005 .... ................... 2.2 ...................... 13, T50 ............... None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 52, 57.
drous.
D ................. Ammonia solution, 2.2 UN3318 .... ................... 2.2 ...................... 13,T50 ................ None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 52, 57.

29DER4
relative density
less than 0.880
at 15 degrees C
in water, with
more than 50
percent ammonia.
I ................... Ammonia solution, 2.3 UN3318 .... ................... 2.3, 8 .................. 4,T50 .................. None ......... 304 ........... 314, 315 ... Forbidden Forbidden D ............... 40, 52, 57.
relative density
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

less than 0.880


at 15 degrees C
in water, with
more than 50
percent ammonia.
pwalker on PROD1PC60 with RULES4

Ammonia solutions, 8 UN2672 .... III .............. 8 ......................... IB3, IP8, T7, TP1 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 40, 52, 85.
relative density
between 0.880
and 0.957 at 15
degrees C in

VerDate Aug<31>2005
water, with more
than 10 percent
but not more
than 35 percent
ammonia.
Ammonia solutions, 2.2 UN2073 .... ................... 2.2 ...................... ............................ 306 ........... 304 ........... 314, 315 ... Forbidden 150 kg ...... E ............... 40, 52, 57.
relative density
less than 0.880

18:33 Dec 28, 2006


at 15 degrees C
in water, with
more than 35
percent but not
more than 50

Jkt 211001
percent ammonia.

* * * * * * *
Antimony tri- 8 UN1733 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 40.
chloride, solid. TP33.

PO 00000
* * * * * * *
Articles, explosive, 1.6N UN0486 .... II ............... 1.6N .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.
extremely insen-

Frm 00023
sitive or Articles,
EEI.
G ................. Articles, explosive, 1.4S UN0349 .... II ............... 1.4S .................... ............................ None ......... 62 ............. None ......... 25 kg ........ 100 kg ...... 05.
n.o.s.

Fmt 4701
G ................. Articles, explosive, 1.4B UN0350 .... II ............... 1.4B .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 06.
n.o.s.
G ................. Articles, explosive, 1.4C UN0351 .... II ............... 1.4C .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.
n.o.s.
G ................. Articles, explosive, 1.4D UN0352 .... II ............... 1.4D .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.

Sfmt 4700
n.o.s.
G ................. Articles, explosive, 1.4G UN0353 .... II ............... 1.4GD ................. ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.
n.o.s.
G ................. Articles, explosive, 1.1L UN0354 .... II ............... 1.1L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E,
n.o.s. 15E,
17E.
G ................. Articles, explosive, 1.2L UN0355 .... II ............... 1.2L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E,
n.o.s. 15E,
17E.

E:\FR\FM\29DER4.SGM
G ................. Articles, explosive, 1.3L UN0356 .... II ............... 1.3L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E,
n.o.s. 15E,
17E.
G ................. Articles, explosive, 1.1C UN0462 .... II ............... 1.1C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.

29DER4
n.o.s.
G ................. Articles, explosive, 1.1D UN0463 .... II ............... 1.1D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.
n.o.s.
G ................. Articles, explosive, 1.1E UN0464 .... II ............... 1.1E .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.
n.o.s.
G ................. Articles, explosive, 1.1F UN0465 .... II ............... 1.1F .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.
n.o.s.
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

G ................. Articles, explosive, 1.2C UN0466 .... II ............... 1.2C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.
n.o.s.
G ................. Articles, explosive, 1.2D UN0467I ... I ................ 1.2D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.
n.o.s.
G ................. Articles, explosive, 1.2E UN0468 .... II ............... 1.2E .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.
n.o.s.
G ................. Articles, explosive, 1.2F UN0469 .... II ............... 1.2F .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.
78617

n.o.s.
pwalker on PROD1PC60 with RULES4

§ 172.101 HAZARDOUS MATERIALS TABLE—Continued


(8) (9) (10)
78618

Hazardous mate- Hazard Identifica- Special Packaging Quantity limitations Vessel stowage
rials descriptions
Symbols class or di- tion num- PG Label codes provisions (§ 173.***)
and proper ship-

VerDate Aug<31>2005
vision bers (§ 172.102) Passenger Cargo air-
ping names Location Other
Exceptions Non-bulk Bulk aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

G ................. Articles, explosive, 1.3C UN0470 .... II ............... 1.3C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.
n.o.s.
G ................. Articles, explosive, 1.4E UN0471 .... II ............... 1.4E .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.

18:33 Dec 28, 2006


n.o.s.
G ................. Articles, explosive, 1.4F UN0472 .... II ............... 1.4F .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.
n.o.s.

* * * * * * *

Jkt 211001
Batteries, dry, con- 8 UN3028 .... III .............. 8 ......................... ............................ None ......... 213 ........... None ......... 25 kg gross 230 kg A ............... 52.
taining potas- gross.
sium hydroxide
solid, electric,
storage.

PO 00000
* * * * * * *
Batteries, wet, filled 8 UN2795 .... III .............. 8 ......................... ............................ 159 ........... 159 ........... 159 ........... 30 kg gross No limit ..... A ............... 52.
with alkali, elec-

Frm 00024
tric storage.

* * * * * * *
Battery fluid, alkali 8 UN2797 .... II ............... 8 ......................... B2, IB2, N6, T7, 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52.

Fmt 4701
TP2, TP28.

* * * * * * *
Benzyl bromide ..... 6.1 UN1737 .... II ............... 6.1, 8 .................. A3, A7, IB2, N33, None ......... 202 ........... 243 ........... 1 L ............ 30 L .......... D ............... 13, 40.
N34, T8, TP2,

Sfmt 4700
TP12, TP13.
Benzyl chloride ..... 6.1 UN1738 .... II ............... 6.1, 8 .................. A3, A7, B70, IB2, None ......... 202 ........... 243 ........... 1 L ............ 30 L .......... D ............... 13, 40.
N33, N42, T8,
TP2, TP12,
TP13.

* * * * * * *
Caesium hydroxide 8 UN2682 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 29, 52.
TP33.

E:\FR\FM\29DER4.SGM
Caesium hydroxide 8 UN2681 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52.
solution.
III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 202 ........... 241 ........... 5 L ............ 60 L .......... A ............... 29, 52.

29DER4
* * * * * * *
Calcium hypo- 5.1 UN2880 .... II ............... 5.1 ...................... 165, IB8, IP2, 152 ........... 212 ........... 240 ........... 5 kg .......... 25 kg ........ D ............... 4, 25, 48,
chlorite, hydrated IP4, IP13, W9. 52, 56,
or Calcium hypo- 58, 69,
chlorite, hydrated 142.
mixtures, with
not less than 5.5
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

percent but not


more than 16
percent water.
G ................. Caustic alkali liq- 8 UN1719 .... II ............... 8 ......................... B2, IB2, T11, 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52.
uids, n.o.s. TP2, TP27.
III .............. 8 ......................... IB3, T7, TP1, 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 29, 52.
TP28.
pwalker on PROD1PC60 with RULES4

* * * * * * *
Charges, shaped, 1.1D UN0288 .... II ............... 1.1D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 07.
flexible, linear.

* * * * * * *

VerDate Aug<31>2005
Chlorosilanes, cor- 8 UN2987 .... II ............... 8 ......................... B2, IB2, T14, None ......... 202 ........... 242 ........... 1 L ............ 30 L .......... C ............... 40.
rosive, n.o.s. TP2, TP27.
Chlorosilanes, 3 UN2985 .... II ............... 3, 8 ..................... IB1, T11, TP2, None ......... 201 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40.
flammable, corro- TP13, TP27.
sive, n.o.s.
Chlorosilanes, 6.1 UN3361 .... II ............... 6.1, 8 .................. IB1, T11, TP2, None ......... 202 ........... 243 ........... 1 L ............ 30 L .......... C ............... 40.
toxic, corrosive, TP13.
n.o.s.
Chlorosilanes, 6.1 UN3362 .... II ............... 6.1, 3, 8 .............. IB1, T11, TP2, None ......... 202 ........... 243 ........... 1 L ............ 30 L .......... C ............... 40, 125.

18:33 Dec 28, 2006


toxic, corrosive, TP13.
flammable, n.o.s.

* * * * * * *
Chromium trioxide, 5.1 UN1463 .... II ............... 5.1, 6.1, 8 ........... IB8, IP4, T3, None ......... 212 ........... 242 ........... 5 kg .......... 25 kg ........ A.

Jkt 211001
anhydrous. TP33.

* * * * * * *
G ................. Components, ex- 1.2B UN0382 .... II ............... 1.2B .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 11.

PO 00000
plosive train,
n.o.s.
G ................. Components, ex- 1.4B UN0383 .... II ............... 1.4B .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 06.
plosive train,
n.o.s.

Frm 00025
G ................. Components, ex- 1.4S UN0384 .... II ............... 1.4S .................... ............................ None ......... 62 ............. None ......... 25 kg ........ 100 kg ...... 05.
plosive train,
n.o.s.
G ................. Components, ex- 1.1B UN0461 .... II ............... 1.1B .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 11.

Fmt 4701
plosive train,
n.o.s.

* * * * * * *
G ................. Compressed gas, 2.2 UN1956 .... ................... 2.2 ...................... 77 ....................... 306, 307 ... 302, 305 ... 314, 315 ... 75 kg ........ 150 kg ...... A..

Sfmt 4700
n.o.s.

* * * * * * *
Contrivances, 1.2L UN0248 .... II ............... 1.2L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E,
water-activated, 15E,
with burster, ex- 17E.
pelling charge or
propelling charge.
Contrivances, 1.3L UN0249 .... II ............... 1.3L .................... ........................ None ......... 62 ............. None ......... Forbidden Forbidden 08 ............. 8E, 14E,
water-activated, 15E,

E:\FR\FM\29DER4.SGM
with burster, ex- 17E.
pelling charge or
propelling charge.

29DER4
* * * * * * *
G ................. Corrosive, liquid, 8 UN3264 .... I ................ 8 ......................... A6, B10, T14, None ......... 201 ........... 243 ........... 0.5 L ......... 2.5 L ......... B ............... 40.
acidic, inorganic, TP2, TP27.
n.o.s.
II ............... 8 ......................... B2, IB2, T11, 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... B ............... 40.
TP2, TP27.
III .............. 8 ......................... IB3, T7, TP1, 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 40.
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

TP28.

* * * * * * *
Dangerous Goods 9 UN3363 .... ................... ............................ 136, A105 ........... None ......... 222 ........... None ......... See A105 See A105 A..
in Machinery or
Dangerous
Goods in Appa-
78619

ratus.
pwalker on PROD1PC60 with RULES4

§ 172.101 HAZARDOUS MATERIALS TABLE—Continued


(8) (9) (10)
78620

Hazardous mate- Hazard Identifica- Special Packaging Quantity limitations Vessel stowage
rials descriptions
Symbols class or di- tion num- PG Label codes provisions (§ 173.***)
and proper ship-

VerDate Aug<31>2005
vision bers (§ 172.102) Passenger Cargo air-
ping names Location Other
Exceptions Non-bulk Bulk aircraft/rail craft only

(1) (2) (3) (4) (5) (6) (7) (8A) (8B) (8C) (9A) (9B) (10A) (10B)

* * * * * * *
Dimethylamine so- 3 UN1160 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 52.
lution.

18:33 Dec 28, 2006


* * * * * * *
1, 3- 3 UN2379 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 52.
Dimethylbutylam-
ine.

Jkt 211001
* * * * * * *
Dimethylhydrazine, 6.1 UN2382 .... I ................ 6.1, 3 .................. 2, B9, B14, B32, None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 40, 52, 74.
symmetrical. B74, B77, T20,

PO 00000
TP2, TP13,
TP38, TP45.
Dimethylhydrazine, 6.1 UN1163 .... I ................ 6.1, 3, 8 .............. 2, B7, B9, B14, None ......... 227 ........... 244 ........... Forbidden Forbidden D ............... 21, 38, 40,
unsymmetrical. B32, B74, T20, 52, 100.
TP2, TP13,

Frm 00026
TP38, TP45.

* * * * * * *
Disodium 8 UN3253 .... III .............. 8 ......................... IB8, IP3, T1, 154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 52.

Fmt 4701
trioxosilicate. TP33.

* * * * * * *
Ethanolamine or 8 UN2491 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52.
Ethanolamine

Sfmt 4700
solutions.

* * * * * * *
Ethylamine, aque- 3 UN2270 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40, 52.
ous solution with
not less than 50
percent but not
more than 70
percent ethyl-
amine.

E:\FR\FM\29DER4.SGM
* * * * * * *
Ethylenediamine ... 8 UN1604 .... II ............... 8, 3 ..................... IB2, T7, TP2 ....... 154 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... A ............... 40, 52.

29DER4
* * * * * * *
1-Ethylpiperidine ... 3 UN2386 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 52.

* * * * * * *
Ethyltrichlorosilane 3 UN1196 .... II ............... 3, 8 ..................... A7, IB1, N34, T7, None ......... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40.
TP2, TP13.
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

* * * * * * *
Hydrazine, anhy- 8 UN2029 .... I ................ 8, 3, 6.1 .............. A3, A6, A7, A10, None ......... 201 ........... 243 ........... Forbidden 2.5 L ......... D ............... 40, 52,
drous. B7, B16, B53. 125.
Hydrazine, aque- 6.1 UN3293 .... III .............. 6.1 ...................... IB3, T4, TP1 ....... 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ A ............... 52.
ous solution, with
not more than 37
percent hydra-
zine, by mass.
pwalker on PROD1PC60 with RULES4

* * * * * * *
Hydrazine, aque- 8 UN2030 .... I ................ 8, 6.1 .................. B16, B53, T10, None ......... 201 ........... 243 ........... Forbidden 2.5 L ......... D ............... 40, 52.
ous solution, with TP2, TP13.
more than 37 %

VerDate Aug<31>2005
hydrazine, by
mass.
II ............... 8, 6.1 .................. B16, B53, IB2, None ......... 202 ........... 243 ........... Forbidden 30 L .......... D ............... 40, 52.
T7, TP2, TP13.
III .............. 8, 6.1 .................. B16, B53, IB3, None ......... 203 ........... 241 ........... 5 L ............ 60 L .......... D ............... 40, 52.
T4, TP1.

* * * * * * *

20:24 Dec 28, 2006


Hydrogen in a 2.1 UN3468 .... ................... 2.1 ...................... 167 ..................... None ......... 214 ........... None ......... Forbidden 100 kg D.
metal hydride gross.
storage system.

Jkt 211001
* * * * * * *
Hydrogen peroxide 5.1 UN3149 .... II ............... 5.1, 8 .................. 145, A2, A3, A6, None ......... 202 ........... 243 ........... 1 L ............ 5 L ............ D ............... 25, 66, 75.
and peroxyacetic B53, IB2, IP5,
acid mixtures, T7, TP2, TP6,
stabilized with TP24.

PO 00000
acids, water, and
not more than 5
percent peroxy-
acetic acid.
Hydrogen peroxide, 5.1 UN2014 .... II ............... 5.1, 8 .................. 12, B53, B80, None ......... 202 ........... 243 ........... Forbidden Forbidden D ............... 25, 66, 75.

Frm 00027
aqueous solu- B81, B85, IB2,
tions with more IP5, T7, TP2,
than 40 percent TP6, TP24,
but not more TP37.

Fmt 4701
than 60 percent
hydrogen per-
oxide (stabilized
as necessary).

Sfmt 4700
Hydrogen peroxide, 5.1 UN2014 .... II ............... 5.1, 8 .................. A2, A3, A6, B53, None ......... 202 ........... 243 ........... 1 L ............ 5 L ............ D ............... 25, 66, 75.
aqueous solu- IB2, IP5, T7,
tions with not TP2, TP6,
less than 20 per- TP24, TP37.
cent but not
more than 40
percent hydro-
gen peroxide
(stabilized as
necessary).

E:\FR\FM\29DER4.SGM
Hydrogen peroxide, 5.1 UN2984 .... III .............. 5.1 ...................... A1, IB2 IP5, T4, 152 ........... 203 ........... 243 ........... 2.5 L ......... 30 L .......... B ............... 25, 66, 75.
aqueous solu- TP1, TP6,
tions with not TP24, TP37.
less than 8 per-

29DER4
cent but less
than 20 percent
hydrogen per-
oxide (stabilized
as necessary).
Hydrogen peroxide, 5.1 UN2015 .... I ................ 5.1, 8 .................. 12, B53, B80, None ......... 201 ........... 243 ........... Forbidden Forbidden D ............... 25, 66, 75.
stabilized or Hy- B81, B85, T9,
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

drogen peroxide TP2, TP6,


aqueous solu- TP24, TP37.
tions, stabilized
with more than
60 percent hy-
drogen peroxide.
78621
pwalker on PROD1PC60 with RULES4

§ 172.101 HAZARDOUS MATERIALS TABLE—Continued


(8) (9) (10)
78622

Hazardous mate- Hazard Identifica- Special Packaging Quantity limitations Vessel stowage
rials descriptions
Symbols class or di- tion num- PG Label codes provisions (§ 173.***)
and proper ship-

VerDate Aug<31>2005
vision bers (§ 172.102) Passenger Cargo air-
ping names Location Other
Exceptions Non-bulk Bulk aircraft/rail craft only

* * * * * * *
Hypochlorite solu- 8 UN1791 .... II ............... 8 ......................... A7, B2, B15, IB2, 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... B ............... 26.
tions. IP5, N34, T7,
TP2, TP24.

20:38 Dec 28, 2006


* * * * * * *
Lead phosphite, di- 4.1 UN2989 .... II ............... 4.1 ...................... IB8, IP2, IP4, T3, None ......... 212 ........... 240 ........... 15 kg ........ 50 kg ........ B ............... 34.
basic. TP33.
III .............. 4.1 ...................... IB8, IP3, T1, 151 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... B ............... 34.
TP33.

Jkt 211001
* * * * * * *
Lithium hydroxide .. 8 UN2680 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52.
TP33.

PO 00000
Lithium hydroxide, 8 UN2679 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52.
solution.
III .............. 8 ......................... IB3, T4, TP2 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 29, 52, 96.

* * * * * * *

Frm 00028
Methylamine, 3 UN1235 .... II ............... 3, 8 ..................... B1, IB2, T7, TP1 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ E ............... 52, 135.
aqueous solution.

* * * * * * *

Fmt 4701
Methylhydrazine .... 6.1 UN1244 .... I ................ 6.1, 3, 8 .............. 1, B7, B9, B14, None ......... 226 ........... 244 ........... Forbidden Forbidden D ............... 21, 40, 49,
B30, B72, B77, 52, 100.
N34, T22, TP2,
TP13, TP38,

Sfmt 4700
TP44.

* * * * * * *

Methylphenyldichl- 8 UN2437 .... II ............... 8 ......................... IB2, T7, TP2, None ......... 202 ........... 242 ........... 1 L ............ 30 L .......... C ............... 40.
orosilane. TP13.
1-Methylpiperidine 3 UN2399 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 52.

* * * * * * *

E:\FR\FM\29DER4.SGM
+ .................. Motor fuel anti- 6.1 UN1649 .... I ................ 6.1 ...................... 14, 151, B9, B90, None ......... 201 ........... 244 ........... Forbidden 30 L .......... D ............... 25, 40.
knock mixtures. T14, TP2,
TP13.

29DER4
* * * * * * *
G ................. Organoarsenic 6.1 UN3280 .... I ................ 5, T14, TP2, None ................... 201 ........... 242 ........... 1 L ............ 30 L .......... B ............... 6.1.
compound, liq- TP13, TP27.
uid, n.o.s.
II ............... 6.1 ...................... IB2, T11, TP2, 153 ........... 202 ........... 242 ........... 5L ............. 60L ........... B.
TP27.
III .............. 6.1 ...................... IB3, T7, TP1, 153 ........... 203 ........... 241 ........... 60 L .......... 220 L ........ A.
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

TP28.

* * * * * * *
G ................. Organometallic 4.2 UN3391 .... I ................ 4.2 ...................... T21, TP7, TP33 None ......... 187 ........... 244 ........... Forbidden Forbidden D.
substance, solid,
pyrophoric.
pwalker on PROD1PC60 with RULES4

G ................. Organometallic 4.2 UN3393 .... I ................ 4.2, 4.3 ............... B11, T21, TP7, None ......... 187 ........... 244 ........... Forbidden Forbidden D ............... 52.
substance, solid, TP33.
pyrophoric,
water-reactive.

VerDate Aug<31>2005
* * * * * * *
Paint including 3 UN1263 .... I ................ 3 ......................... T11, TP1, TP8, 150 ........... 201 ........... 243 ........... 1 L ............ 30 L .......... E.
paint, lacquer, TP27.
enamel, stain,
shellac solutions,
varnish, polish,
liquid filler and
liquid lacquer
base.

20:38 Dec 28, 2006


II ............... 3 ......................... 149, B52, IB2, 150 ........... 173 ........... 242 ........... 5 L ............ 60 L .......... B.
T4, TP1, TP8,
TP28.
III .............. 3 ......................... B1, B52, IB3, T2, 150 ........... 173 ........... 242 ........... 60 L .......... 220 L ........ A.

Jkt 211001
TP1, TP29.
Paint or Paint re- 8 UN3066 .... II ............... 8 ......................... B2, IB2, T7, TP2, 154 ........... 173 ........... 242 ........... 1 L ............ 30 L .......... A.
lated materials. TP28.
III .............. 8 ......................... B52, IB3, T4, 154 ........... 173 ........... 241 ........... 5 L ............ 60 L .......... A.
TP1, TP29.

PO 00000
Paint related mate- 3 UN1263 .... I ................ 3 ......................... T11, TP1, TP8, 150 ........... 201 ........... 243 ........... 1 L ............ 30 L .......... E.
rial including TP27.
paint thinning,
drying, removing,
or reducing com-

Frm 00029
pound.
II ............... 3 ......................... 149, B52, IB2, 150 ........... 173 ........... 242 ........... 5 L ............ 60 L .......... B.
T4, TP1, TP8,
TP28.

Fmt 4701
III .............. 3 ......................... B1, B52, IB3, T2, 150 ........... 173 ........... 242 ........... 60 L .......... 220 L ........ A.
TP1, TP29.

* * * * * * *
Plastic molding 9 UN3314 .... III .............. 9 ......................... 32, IB8, IP3, IP7 155 ........... 221 ........... 221 ........... 100 kg ...... 200 kg ...... E ............... 19, 21, 25,

Sfmt 4700
compound in 87, 144.
dough, sheet or
extruded rope
form evolving
flammable vapor.

* * * * * * *
Polymeric beads 9 UN2211 .... III .............. 9 ......................... 32, IB8, IP3, IP7, 155 ........... 221 ........... 221 ........... 100 kg ...... 200 kg ...... E ............... 19, 21. 25,
expandable, T1, TP33. 87, 144.
evolving flam-

E:\FR\FM\29DER4.SGM
mable vapor.

* * * * * * *
Potassium hydrox- 8 UN1813 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52.

29DER4
ide, solid. TP33.
Potassium hydrox- 8 UN1814 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 52.
ide, solution.
III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52.

* * * * * * *
Potassium mon- 8 UN2033 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 29, 52.
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

oxide. TP33.

* * * * * * *
Pyrrolidine ............. 3 UN1922 .... II ............... 3, 8 ..................... IB2, T7, TP1 ....... 150 ........... 202 ........... 243 ........... 1 L ............ 5 L ............ B ............... 40, 52

* * * * * * *
Rubidium hydrox- 8 UN2678 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 29, 52.
78623

ide. TP33.
pwalker on PROD1PC60 with RULES4

§ 172.101 HAZARDOUS MATERIALS TABLE—Continued


(8) (9) (10)
78624

Hazardous mate- Hazard Identifica- Special Packaging Quantity limitations Vessel stowage
rials descriptions
Symbols class or di- tion num- PG Label codes provisions (§ 173.***)
and proper ship-

VerDate Aug<31>2005
vision bers (§ 172.102) Passenger Cargo air-
ping names Location Other
Exceptions Non-bulk Bulk aircraft/rail craft only

Rubidium hydrox- 8 UN2677 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 29, 52.
ide solution.
III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 29, 52.

* * * * * * *
Soda lime with 8 UN1907 .... III .............. 8 ......................... IB8, IP3, T1, 154 ........... 213 ........... 240 ........... 25 kg ........ 100 kg ...... A ............... 52.

20:38 Dec 28, 2006


more than 4 per- TP33.
cent sodium hy-
droxide.

* * * * * * *

Jkt 211001
Sodium aluminate, 8 UN1819 .... II ............... 8 ......................... B2, IB2, T7, TP2 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 52.
solution.
III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52.

PO 00000
* * * * * * *
Sodium hydro- 4.2 UN2318 .... II ............... 4.2 ...................... A7, A19, A20, None ......... 212 ........... 241 ........... 15 kg ........ 50 kg ........ A ............... 52.
sulfide, with less IB6, IP2, T3,
than 25 percent TP33.
water of crys-

Frm 00030
tallization.

* * * * * * *
Sodium hydroxide, 8 UN1823 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52.

Fmt 4701
solid. TP33.
Sodium hydroxide 8 UN1824 .... II ............... 8 ......................... B2, IB2, N34, T7, 154 ........... 202 ........... 242 ........... 1 L ............ 30 L .......... A ............... 52.
solution. TP2.
III .............. 8 ......................... IB3, N34, T4, 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52.
TP1.

Sfmt 4700
* * * * * * *
Sodium monoxide 8 UN1825 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52.
TP33.

* * * * * * *
Sodium sulfide, hy- 8 UN1849 .... II ............... 8 ......................... IB8, IP2, IP4, T3, 154 ........... 212 ........... 240 ........... 15 kg ........ 50 kg ........ A ............... 52.
drated with not TP33.
less than 30 per-
cent water.

E:\FR\FM\29DER4.SGM
* * * * * * *
G ................. Substances, explo- 1.1L UN0357 .... II ............... 1.1L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden ................... 8E, 14E,
sive, n.o.s. 15E,

29DER4
17E.
G ................. Substances, explo- 1.2L UN0358 .... II ............... 1.2L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden ................... 8E, 14E,
sive, n.o.s. 15E,
17E.
G ................. Substances, explo- 1.3L UN0359 .... II ............... 1.3L .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden ................... 8E, 14E,
sive, n.o.s. 15E,
17E.
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

G ................. Substances, explo- 1.1A UN0473 .... II ............... 1.1A .................... 111 ..................... None ......... 62 ............. None ......... Forbidden Forbidden 12.
sive, n.o.s.
G ................. Substances, explo- 1.1C UN0474 .... II ............... 1.1C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 10.
sive, n.o.s.
G ................. Substances, explo- 1.1D UN0475 .... II ............... 1.1D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 10.
sive, n.o.s.
G ................. Substances, explo- 1.1G UN0476 .... II ............... 1.1G ................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.
sive, n.o.s.
pwalker on PROD1PC60 with RULES4

G ................. Substances, explo- 1.3C UN0477 .... II ............... 1.3C .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 10.
sive, n.o.s.
G ................. Substances, explo- 1.3G UN0478 .... II ............... 1.3G ................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 08.
sive, n.o.s.
G ................. Substances, explo- 1.4C UN0479 .... II ............... 1.4C .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 09.

VerDate Aug<31>2005
sive, n.o.s.
G ................. Substances, explo- 1.4D UN0480 .... II ............... 1.4D .................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 09.
sive, n.o.s.
G ................. Substances, explo- 1.4S UN0481 .... II ............... 1.4S .................... ............................ None ......... 62 ............. None ......... 25 kg ........ 75 kg ........ 05.
sive, n.o.s.
G ................. Substances, explo- 1.4G UN0485 .... II ............... 1.4G ................... ............................ None ......... 62 ............. None ......... Forbidden 75 kg ........ 08.
sive, n.o.s.
G ................. Substances, explo- 1.5D UN0482 .... II ............... 1.5D .................... ............................ None ......... 62 ............. None ......... Forbidden Forbidden 10.

20:38 Dec 28, 2006


sive, very insen-
sitive, n.o.s.or
Substances,EVI,
n.o.s.

Jkt 211001
* * * * * * *
I ................... Sulfur ..................... 4.1 UN1350 .... III .............. 4.1 ...................... 30, IB8, IP3, T1, None ......... None ......... 240 ........... 25 kg ........ 100 kg ...... A ............... 19, 74.
TP33.

* * * * * * *

PO 00000
Tetraethylenepent- 8 UN2320 .... III .............. 8 ......................... IB3, T4, TP1 ....... 154 ........... 203 ........... 241 ........... 5 L ............ 60 L .......... A ............... 52.
amine.

* * * * * * *

Frm 00031
Trimethylchloro- 3 UN1298 .... II ............... 3, 8 ..................... A3, A7, B77, IB2, None ......... 202 ........... 243 ........... 1 L ............ 5 L ............ E ............... 40.
silane. N34, T7, TP2,
TP13.

Fmt 4701
* * * * * * *
Vinylpyridines, sta- 6.1 UN3073 .... II ............... 6.1, 3, 8 .............. IB1, T7, TP2, 153 ........... 202 ........... 243 ........... 1 L ............ 30 L .......... B ............... 21, 40, 52.
bilized. TP13.

* * * * * * *

Sfmt 4700
E:\FR\FM\29DER4.SGM
29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations
78625
78626 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

* * * * * inner packagings consisting of sealed (2) * * *


■ 6. In Appendix B to § 172.101, the List packets and articles containing less than
Code/Special Provisions
of Marine Pollutants, the entry ‘‘Copper 10 mL of a Class 3 liquid in Packing
chloride’’ is amended by adding the Group II or III absorbed onto a solid * * * * *
designation ‘‘PP’’ in Column (1) and the material are not subject to this A105 The total net quantity of
entries ‘‘Alcohol C–13—C–15 poly (1–6) subchapter provided there is no free dangerous goods contained in one
ethoxylate’’ and ‘‘1,2-Dichlorobenzene’’ liquid in the packet or article. package, excluding magnetic material,
are removed. * * * * * must not exceed the following:
77 Mixtures containing not more a. 1 kg (2.2 pounds) in the case of
■ 7. In § 172.102, paragraph (c)(1),
than 23.5% oxygen by volume may be solids;
Special Provisions 15, 47, 77, 146, 147, b. 0.5 L (0.1 gallons) in the case of
and 166 are revised; new Special transported under this entry when no
other oxidizing gases are present. A liquids;
Provision 175 is added; Special c. 0.5 kg (1.1 pounds) in the case of
Provision 101 is removed; and in Division 5.1 subsidiary risk label is not
required if this special provision Division 2.2 gases; or
paragraph (c)(2), new Special Provision d. any combination thereof.
A105 is added. applies.
* * * * * ■ 8. In § 172.202, paragraphs (a) and (b)
The revisions and additions read as
146 This description may be used are revised to read as follows:
follows:
for a material that poses a hazard to the § 172.202 Description of hazardous
§ 172.102 Special provisions. environment but does not meet the material shipping papers.
* * * * * definition for a hazardous waste or a (a) The shipping description of a
(c) * * * hazardous substance, as defined in hazardous material on the shipping
(1) * * * § 171.8 of this subchapter, or any hazard paper must include:
class, as defined in part 173 of this (1) The identification number
Code/Special Provisions
subchapter, if it is designated as prescribed for the material as shown in
* * * * * environmentally hazardous by another Column (4) of the § 172.101 table;
15 This entry applies to ‘‘Chemical Competent Authority. This provision (2) The proper shipping name
kits’’ and ‘‘First aid kits’’ containing one may be used for both domestic and prescribed for the material in Column
or more compatible items of hazardous international shipments. (2) of the § 172.101 table;
materials in boxes, cases, etc. that, for 147 This entry applies to non- (3) The hazard class or division
example, are used for medical, sensitized emulsions, suspensions, and number prescribed for the material, as
analytical, diagnostic, testing, or repair gels consisting primarily of a mixture of shown in Column (3) of the § 172.101
purposes. For transportation by aircraft, ammonium nitrate and fuel, intended to table. Except for combustible liquids,
materials forbidden for transportation produce a Type E blasting explosive the subsidiary hazard class(es) or
by passenger aircraft or cargo aircraft only after further processing prior to subsidiary division number(s) must be
may not be included in the kits. use. The mixture for emulsions typically entered in parentheses immediately
Chemical kits and first aid kits are has the following composition: 60–85% following the primary hazard class or
excepted from the specification ammonium nitrate; 5–30% water; 2–8% division number. In addition—
packaging requirements of this fuel; 0.5–4% emulsifier or thickening (i) The words ‘‘Class’’ or ‘‘Division’’
subchapter when packaged in agent; 0–10% soluble flame may be included preceding the primary
combination packagings. Chemical kits suppressants; and trace additives. Other and subsidiary hazard class or division
and first aid kits are also excepted from inorganic nitrate salts may replace part numbers.
the labeling and placarding of the ammonium nitrate. The mixture (ii) The hazard class need not be
requirements of this subchapter, except for suspensions and gels typically has included for the entry ‘‘Combustible
when offered for transportation or the following composition: 60–85% liquid, n.o.s.’’
transported by air. Chemical and first ammonium nitrate; 0–5% sodium or (iii) For domestic shipments, primary
aid kits may be transported in potassium perchlorate; 0–17% and subsidiary hazard class or division
accordance with the consumer hexamine nitrate or monomethylamine names may be entered following the
commodity and ORM exceptions in nitrate; 5–30% water; 2–15% fuel; 0.5– numerical hazard class or division, or
§ 173.156, provided they meet all 4% thickening agent; 0–10% soluble following the basic description.
required conditions. Kits that are carried flame suppressants; and trace additives. (4) The packing group in Roman
on board transport vehicles for first aid Other inorganic nitrate salts may replace numerals, as designated for the
or operating purposes are not subject to part of the ammonium nitrate. These hazardous material in Column (5) of the
the requirements of this subchapter. substances must satisfactorily pass Test § 172.101 table. Class 1 (explosives)
* * * * * Series 8 of the UN Manual of Tests and materials, self-reactive substances,
47 Mixtures of solids that are not Criteria, Part I, Section 18 (IBR, see organic peroxides and entries that are
subject to this subchapter and § 171.7 of this subchapter), and may not not assigned a packing group are
flammable liquids may be transported be classified and transported unless excepted from this requirement. The
under this entry without first applying approved by the Associate packing group may be preceded by the
the classification criteria of Division 4.1, Administrator. letters ‘‘PG’’ (for example, ‘‘PG II’’); and
provided there is no free liquid visible * * * * * (5) Except for transportation by
at the time the material is loaded or at 166 When transported in non-friable aircraft, the total quantity of hazardous
the time the packaging or transport unit tablet form, calcium hypochlorite, dry, materials covered by the description
is closed. Except when the liquids are may be transported as a Packing Group must be indicated (by mass or volume,
pwalker on PROD1PC60 with RULES4

fully absorbed in solid material III material. or by activity for Class 7 materials) and
contained in sealed bags, each * * * * * must include an indication of the
packaging must correspond to a design 175 This substance must be applicable unit of measurement. For
type that has passed a leakproofness test stabilized when in concentrations of not example, ‘‘200 kg’’ or ‘‘50 L.’’ The
at the Packing Group II level. Small more than 99%. following provisions also apply:

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78627

(i) For Class 1 materials, the quantity (iv) For dangerous goods transported liquid hazardous materials, single
must be the net explosive mass. For an in a salvage packaging, an estimate of packaging fitted with vents, or open
explosive that is an article, such as the quantity of dangerous goods per cryogenic receptacle intended for the
Cartridges, small arms, the net explosive package must be shown; transport of refrigerated liquefied gases
mass may be expressed in terms of the (v) For cylinders, total quantity may must be:
net mass of either the article or the be indicated by the number of cylinders, (1) * * *
explosive materials contained in the for example, ‘‘10 cylinders;’’
article. (vi) For items where ‘‘No Limit’’ is (2) Legibly marked with package
(ii) For hazardous materials in salvage shown in Column (9A) or (9B) of the orientation markings that are similar to
packaging, an estimate of the total § 172.101 table, the quantity shown the illustration shown in this paragraph,
quantity is acceptable. should be the net mass or volume of the on two opposite vertical sides of the
(iii) The following are excepted from material, except for UN2800, UN3072, package with the arrows pointing in the
the requirements of paragraph (a)(5) of and UN3166 where the quantity should correct upright direction. The arrows
this section: be the gross mass of the article; and must be either black or red on white or
(A) Bulk packages, provided some (7) The number and type of packages other suitable contrasting background
indication of the total quantity is must be indicated. The type of packages and commensurate with the size of the
shown, for example, ‘‘1 cargo tank’’ or must be indicated by description of the package. Depicting a rectangular border
‘‘2 IBCs.’’ package (for example, ‘‘12 drums’’). around the arrows is optional.
(B) Cylinders, provided some Indication of the packaging specification * * * * *
indication of the total quantity is number (‘‘1H1’’) may be included in the
shown, for example, ‘‘10 cylinders.’’ (c) * * *
description of the package (for example,
(C) Packages containing only residue. (7) Class 7 radioactive material in
(6) For transportation by aircraft, the ‘‘12 1H1 drums’’ or ‘‘12 drums (UN
1A1)’’). Abbreviations may be used for Type A, IP–2, IP–3, Type B(U), or Type
total net mass per package, must be B(M) packages.
shown unless a gross mass is indicated indicating packaging types (for example,
in Columns (9A) or (9B) of the § 172.101 ‘‘cyl.’’ for ‘‘cylinder’’) provided the ■ 10. In § 172.407, paragraph (d)(2)(i) is
table in which case the total gross mass abbreviations are commonly accepted amended by removing ‘‘; and’’ at the
per package must be shown; or, for Class and recognizable. end of the paragraph and adding a
7 materials, the quantity of radioactive (b) Except as provided in this subpart, period in its place, and paragraph
material must be shown by activity. The the basic description specified in (d)(2)(iii) is added to read as follows:
following provisions also apply: paragraphs (a)(1), (2), (3) and (4) of this
section must be shown in sequence with § 172.407 Label specifications.
(i) For empty uncleaned packaging,
only the number and type of packaging no additional information interspersed. * * * * *
must be shown; For example, ‘‘UN2744, Cyclobutyl (d) * * *
(ii) For chemical kits and first aid kits, chloroformate, 6.1, (8, 3), PG II.’’
the total net mass of hazardous * * * * * (2) * * *
materials must be shown. Where the kits ■ 9. In § 172.312, paragraphs (a) (iii) White may be used for the symbol
contain solids and/or liquids, the net introductory text, and (a)(2) for the ORGANIC PEROXIDE label.
mass of liquids within the kits is to be introductory text are revised and a new * * * * *
calculated on a 1 to 1 basis, i.e., 1 L paragraph (c)(7) is added to read as
equals 1 kg; ■ 11. Section 172.427 is revised to read
follows:
(iii) For dangerous goods in as follows:
machinery or apparatus, the individual § 172.312 Liquid hazardous materials in
non-bulk packaging. § 172.427 ORGANIC PEROXIDE label.
total quantities or an estimate of the
individual total quantities of dangerous (a) Except as provided in this section, (a) Except for size and color, the
goods in solid, liquid or gaseous state, each non-bulk combination package ORGANIC PEROXIDE label must be as
contained in the article must be shown; having inner packagings containing follows:
pwalker on PROD1PC60 with RULES4

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78628 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

(b) In addition to complying with in the top half and yellow in the lower § 172.552 ORGANIC PEROXIDE placard.
§ 172.407, the background on the half. (a) Except for size and color, the
ORGANIC PEROXIDE label must be red ■ 12. Section 172.552 is revised to read ORGANIC PEROXIDE placard must be
as follows: as follows:
pwalker on PROD1PC60 with RULES4

ER29DE06.000</GPH>

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78629

(b) In addition to complying with ■ 14. Section 173.9 is revised to read as in which the lading has been fumigated
§ 172.519, the background on the follows: or treated with any material, or is
ORGANIC PEROXIDE placard must be undergoing fumigation, unless the
red in the top half and yellow in the § 173.9 Transport vehicles or freight
containers containing lading which has
FUMIGANT marking specified in
lower half. The text, division number been fumigated. paragraph (e) of this section is
and inner border must be black; the prominently displayed so that it can be
symbol may be either black or white. (a) For the purpose of this section, not
seen by any person attempting to enter
including 49 CFR part 387, a rail car,
freight container, truck body, or trailer the interior of the transport vehicle or
PART 173—SHIPPERS—GENERAL freight container. For domestic
REQUIREMENTS FOR SHIPMENTS in which the lading has been fumigated
with any material, or is undergoing transportation, a hazard warning label
AND PACKAGINGS
pwalker on PROD1PC60 with RULES4

fumigation, is a package containing a authorized by EPA under 40 CFR part


■ 13. The authority citation for part 173 hazardous material. 156 may be used as an alternative to the
continues to read as follows: (b) No person may offer for FUMIGANT marking.
Authority: 49 U.S.C. 5101–5128, 44701; 49 transportation or transport a rail car, (c) No person may affix or display on
CFR 1.45, 1.53. freight container, truck body, or trailer a rail car, freight container, truck body,
Er29de06.001</GPH>

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78630 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

or trailer the FUMIGANT marking freight container, truck body, or trailer or black letters on a white background
specified in paragraph (e) of this has been completely ventilated either by that is at least 30 cm (11.8 inches) wide
section, unless the lading has been opening the doors of the unit or by and at least 25 cm (9.8 inches) high.
fumigated or is undergoing fumigation. mechanical ventilation to ensure no Except for size and color, the
(d) The FUMIGANT marking required harmful concentration of gas remains FUMIGANT marking must be as
by paragraph (b) of this section must after fumigation has been completed. follows:
remain on the rail car, freight container, (e) FUMIGANT marking. (1) The
truck body, or trailer until the rail car, FUMIGANT marking must consist of red
pwalker on PROD1PC60 with RULES4

ER29DE06.002</GPH>

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4725 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78631

(2) The ‘‘*’’ shall be replaced with the requirements of this subchapter other and the wording ‘‘60 °C (140 °F )’’ is
technical name of the fumigant. than those contained in this section. added each place it appears.
(f) A closed cargo transport unit that
§ 173.35 [Amended] § 173.121 [Amended]
has been fumigated is not subject to any
other provisions of this subchapter if ■ 15. In § 173.35, in paragraph (k), the ■ 18. In § 173.121, in the paragraph (a)
it— wording ‘‘60.5 °C (141 °F)’’ is removed table, in Column (2), for the entry
(1) Has been completely ventilated and the wording ‘‘60 °C (140 °F)’’ is Packing group ‘‘III’’, the wording ‘‘≥ 23
either by opening the doors of the unit added in its place. °C, ≤ 60.5 °C (≥ 73 °F, ≤ 141 °F)’’ is
or by mechanical ventilation after removed and the wording ‘‘≥23 °C, ≤ 60
■ 16. In § 173.115, paragraphs (b)(1) and
fumigation, and °C (≥ 73 °F, ≤ 140 °F)’’ is added in its
(k)(5) are revised to read as follows:
(2) Displays the FUMIGANT marking, place.
including the date of ventilation. § 173.115 Class 2, Divisions 2.1, 2.2, and ■ 19. In § 173.124, a new paragraph
(g) For international shipments, 2.3—Definitions. (a)(2)(i)(D)(3) is added to read as
transport documents should indicate the * * * * * follows:
date of fumigation, type and amount of (b) * * *
fumigant used, and instructions for § 173.124 Class 4, Divisions 4.1, 4.2 and
(1) Exerts in the packaging an absolute 4.3—Definitions.
disposal of any residual fumigant, pressure of 280 kPa (40.6 psia) or greater
including fumigation devices. (a) * * *
at 20 °C (68 °F ), or is a cryogenic liquid,
(h) Any person subject to the (2) * * *
and
requirements of this section, solely due (i) * * *
* * * * * (D) * * *
to the fumigated lading, must be
informed of the requirements of this (k) * * * * * * * *
section and the safety precautions (5) When the contents are classified as (3) It is an oxidizing substance in
necessary to protect themselves and Division 6.1, PG III or Class 8, PG II or Division 5.1 containing less than 5.0%
others in the event of an incident or III, the aerosol must be assigned a combustible organic substances; or
accident involving the fumigated lading. subsidiary hazard of Division 6.1 or * * * * *
(i) Any person who offers for Class 8, as appropriate.
■ 20. In § 173.133, in paragraph (a)(1),
transportation or transports a rail car, * * * * * the table is revised to read as follows:
freight container, truck body or trailer
§ 173.120 [Amended]
that is subject to this subchapter solely § 173.133 Assignment of packing group
because of the hazardous materials ■ 17. In § 173.120, in paragraphs (a) and hazard zones for Division 6.1 materials.
designation specified in paragraph (a) of introductory text, (a)(2) and (b)(1), the (a) * * *
this section is not subject to any wording ‘‘60.5 °C (141 °F )’’ is removed (1) * * *

Dermal toxicity LD50 Inhalation toxicity by dusts


Packing group Oral toxicity LD50 (mg/kg) (mg/kg) and mists LC50 (mg/L)

I ..................................................................................... ≤5.0 ..................................... ≤50 ..................................... ≤0.2


II .................................................................................... >5.0 and ≤50 ...................... >50 and ≤200 ..................... >0.2 and ≤2.0
III ................................................................................... >50 and ≤300 ..................... >200 and ≤1000 ................. >2.0 and ≤4.0

* * * * * § 173.136 Class 8—Definitions. ■ 24. In § 173.159, paragraphs (a), (c)(1),


■ 21. In § 173.134, paragraph (a)(5) is (a) * * * A liquid, or a solid which (c)(2), (c)(4), (c)(5), (d)(1) and (e)(2) are
revised to read as follows: may become liquid during revised to read as follows:
§ 173.134 Class 6, Division 6.2—
transportation, that has a severe § 173.159 Batteries, wet.
Definitions and exceptions. corrosion rate on steel or aluminum
based on the criteria in § 173.137(c)(2) is (a) Electric storage batteries,
(a) * * * also a corrosive material. containing electrolyte acid or alkaline
(5) Regulated medical waste or corrosive battery fluid, must be
clinical waste or (bio) medical waste * * * * *
completely protected so that short
means a waste or reusable material ■ 23. In § 173.137, paragraph (c)(2) is circuits will be prevented (e.g., by the
derived from the medical treatment of revised to read as follows: use of non-conductive caps that entirely
an animal or human, which includes
§ 173.137 Class 8—Assignment of packing cover the terminals); they may not be
diagnosis and immunization, or from
group. packed with other materials except as
biomedical research, which includes the
production and testing of biological * * * * * provided in paragraphs (g) and (h) of
products. Regulated medical waste or this section and in §§ 173.220 and
(c) * * *
clinical waste or (bio) medical waste 173.222. For transportation by aircraft,
(2) That do not cause full thickness the packaging for wet cell batteries must
containing a Category A infectious destruction of intact skin tissue but
substance must be classed as an incorporate an acid- or alkali-proof
exhibit a corrosion on steel or liner, or include a supplementary
infectious substance, and assigned to aluminum surfaces exceeding 6.25 mm
UN2814 or UN2900, as appropriate. packaging with sufficient strength and
(0.25 inch) a year at a test temperature be adequately sealed to prevent leakage
pwalker on PROD1PC60 with RULES4

* * * * * of 55 °C (130 °F). The corrosion may be of electrolyte fluid in the event of


■ 22. In § 173.136, paragraph (d) is determined in accordance with the UN spillage.
removed and the last sentence in Manual of Tests and Criteria (IBR, see
paragraph (a) is revised to read as § 171.7 of this subchapter) or other * * * * *
follows: equivalent test methods. (c) * * *

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78632 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

(1) Electric storage batteries protected (d) * * * conforming to the requirements of Part
against short circuits (e.g., by the use of (1) An air bag module or seat-belt 178 of this subchapter at the Packing
non-conductive caps that entirely cover pretensioner that has been approved by Group II performance level. * * *
the terminals) and firmly secured to the Associate Administrator and is * * * * *
skids or pallets capable of withstanding installed in a motor vehicle, aircraft, (e) * * *
the shocks normally incident to boat or other transport conveyance or its (2) * * *Liquid regulated medical
transportation, are authorized for completed components, such as steering waste or clinical waste or (bio) medical
transportation by rail, highway, or columns or door panels, is not subject waste transported in a Large Packaging,
water. The height of the completed unit to the requirements of this subchapter. Cart, or BOP must be packaged in a rigid
must not exceed 11⁄2 times the width of * * * * * inner packaging conforming to the
the skid or pallet. The unit must be ■ 26. Section 173.187 is revised to read provisions of subpart B of this part.
capable of withstanding, without as follows: * * * * *
damage, a superimposed weight equal to ■ 28. In § 173.216, paragraph (c)(3) is
two times the weight of the unit or, if § 173.187 Pyrophoric solids, metals or revised and paragraph (c)(4) is removed
the weight of the unit exceeds 907 kg alloys, n.o.s.
to read as follows:
(2000 pounds), a superimposed weight Packagings for pyrophoric solids,
of 1814 kg (4000 pounds). Battery metals, or alloys, n.o.s. must conform to § 173.216 Asbestos, blue, brown or white.
terminals must not be relied upon to the requirements of part 178 of this * * * * *
support any part of the superimposed subchapter at the packing group (c) * * *
weight. performance level specified in the (3) Bags or other non-rigid packagings
(2) Electric storage batteries weighing § 172.101 Table. These materials must which are dust and sift proof must be
225 kg (500 pounds) or more, consisting be packaged as follows: placed in rigid outer packagings or
of carriers’ equipment, may be shipped (a) In steel boxes (4A) and contain not closed freight containers.
by rail when mounted on suitable skids more than 15 kg (33 pounds) each. ■ 29. In § 173.220, paragraphs
and protected against short circuits (e.g., (b) In wooden boxes (4C1, 4C2, 4D, or (b)(2)(ii)(B)(3), (c) and (d) are revised to
by the use of non-conductive caps that 4F) with inner metal receptacles which read as follows:
entirely cover the terminals). Such have a positive (not friction) means of
shipments may not be offered in closure and contain not more than 15 kg § 173.220 Internal combustion engines,
(33 pounds) each. self-propelled vehicles, mechanical
interchange service.
(c) In fiberboard boxes (4G) with inner equipment containing internal combustion
* * * * * engines, and battery powered vehicles or
(4) Not more than four batteries not metal receptacles which have a positive
equipment.
over 7 kg (15 pounds) each, packed in (not friction) means of closure and
contain not more than 7.5 kg (17 * * * * *
strong outer fiberboard or wooden (b) * * *
boxes. Batteries must be securely pounds) each.
(d) In steel drums (1A1 or 1A2) with (2) * * *
cushioned and packed to prevent short (ii) * * *
circuits (e.g., by the use of non- a gross mass not exceeding 150 kg (331
(B) * * *
conductive caps that entirely cover the pounds) per drum. (3) In no part of the closed system
terminals). The maximum authorized (e) In plywood drums (1D) with inner
shall the pressure exceed 5% of the
gross weight is 30 kg (65 pounds). metal receptacles which have a positive
maximum allowable working pressure
(5) Not more than five batteries not (not friction) means of closure and
of the system or 290 psig (2000 kPa),
over 4.5 kg (10 pounds) each, packed in contain not more than 15 kg (33 pounds)
whichever is less; and
strong outer fiberboard or wooden each.
(f) In fiber drums (1G) with inner * * * * *
boxes. Batteries must be securely (c) Battery powered or installed.
cushioned and packed to prevent short metal receptacles which have a positive
(not friction) means of closure and Batteries must be securely installed, and
circuits (e.g., by the use of non- wet batteries fastened in an upright
conductive caps that entirely cover the contain not more than 15 kg (33 pounds)
each. position. Batteries must be protected
terminals). The maximum authorized against short circuits (e.g., by the use of
gross weight is 30 kg (65 pounds). (g) In specification cylinders, as
prescribed for any compressed gas, non-conductive caps that entirely cover
* * * * * except for Specifications 8 and 3HT. the terminals) and leakage or removed
(d) * * * ■ 27. In § 173.197, paragraph (a), the and packaged separately under
(1) The battery must be protected first sentence in paragraph (b), and the § 173.159. Battery powered vehicles,
against short circuits (e.g., by the use of first sentence in paragraph (e)(2) are machinery or equipment including
non-conductive caps that entirely cover revised to read as follows: battery powered wheelchairs and
the terminals) and securely packaged; mobility aids are excepted from the
* * * * * § 173.197 Regulated medical waste. requirements of this subchapter when
(e) * * * (a) General provisions. Non-bulk transported by rail, highway or vessel.
(2) The batteries must be loaded or packagings, Large Packagings, and non- (d) Lithium batteries. Except as
braced so as to prevent damage and specification bulk outer packagings used provided in § 172.102, Special Provision
short circuits in transit (e.g., by the use for the transportation of regulated A102, of this subchapter, vehicles and
of non-conductive caps that entirely medical waste or clinical waste or (bio) machinery powered by primary lithium
cover the terminals); medical waste must be rigid containers batteries that are transported with these
* * * * * meeting the provisions of subpart B of batteries installed are forbidden aboard
■ 25. In § 173.166, paragraph (d)(1) is this part. passenger-carrying aircraft. Lithium
pwalker on PROD1PC60 with RULES4

revised to read as follows: (b) * * * Except as provided in batteries contained in vehicles or


§ 173.134(c) of this subpart, non-bulk engines must be securely fastened in the
§ 173.166 Air bag inflators, air bag packagings for regulated medical waste battery holder of the vehicle or engine,
modules and seat-belt pretensioners. or clinical waste or (bio) medical waste and be protected in such a manner as to
* * * * * must be UN standard packagings prevent damage and short circuits (e.g.,

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78633

by the use of non-conductive caps that (b) * * * machinery or apparatus must not exceed
entirely cover the terminals). Lithium (1) Damage to the receptacles the following:
batteries must be of a type that have containing the hazardous materials * * * * *
successfully passed each test in the UN during transport is unlikely. However, (d) Except for transportation by
Manual of Tests and Criteria as in the event of damage to the receptacles aircraft, when a package contains
specified in § 173.185, unless approved containing the hazardous materials, no hazardous materials in two or more of
by the Associate Administrator. leakage of the hazardous materials from the categories listed in paragraphs (c)(1)
Equipment, other than vehicles or the machinery or apparatus is possible. through (c)(3) of this section the total
engines, containing lithium batteries A leakproof liner may be used to satisfy quantity required by § 172.202(c) of this
must be transported in accordance with this requirement. subchapter to be entered on the
§ 173.185. (2) Receptacles containing hazardous shipping paper must be either the
* * * * * materials must be secured and aggregate quantity, or the estimated
cushioned so as to prevent their quantity, of all hazardous materials,
■ 30. In § 173.222, the section heading,
breakage or leakage and so as to control expressed as net mass.
paragraphs (a), (b)(1), (b)(2), (c)
their movement within the machinery
introductory text and (d) are revised to ■ 31. In § 173.224, in paragraph (b)(7),
or apparatus during normal conditions
read as follows: in the Self-Reactive Materials Table, a
of transportation. Cushioning material
new entry is added in appropriate
§ 173.222 Dangerous goods in machinery must not react dangerously with the
alphabetical order to read as follows:
or apparatus. content of the receptacles. Any leakage
* * * * * of the contents must not substantially § 173.224 Packaging and control and
(a) If the machinery or apparatus impair the protective properties of the emergency temperatures for self-reactive
contains more than one hazardous cushioning material. materials.
material, the materials must not be * * * * * * * * * *
capable of reacting dangerously (c) The total net quantity of hazardous (b) * * *
together. materials contained in one item of (7) * * *

SELF-REACTIVE MATERIALS TABLE


Concentration— Control tempera- Emergency
Self-reactive substance Identification No. Packing method Notes
(%) ture—(°C) temperature

(1) (2) (3) (4) (5) (6) (7)

Acetone-pyrogallol copoly-
mer 2-diazo-1-naphthol-
5-sulphonate .................. 3228 100 OP8 ............................ ............................ ............................

* * * * * * *

* * * * * (c) Fuel cell cartridges packed in or T6 may not be filled and offered for
■ 32. A new section § 173.230 is added with equipment are excepted from the transportation or transported with
in subpart E to read as follows: packaging requirements in paragraph pyrophoric gases. The use of UN
(b)(2) of this section if the cartridges are cylinders manufactured of aluminum
§ 173.230 Fuel cell cartridges containing packed in a strong outer packaging alloy 6351–T6 is prohibited.
flammable liquids.
conforming to the requirements of * * * * *
(a) A fuel cell cartridge is a container §§ 173.24 and 173.24a. For cartridges
that stores fuel for controlled discharge installed in equipment, the equipment ■ 34. In § 173.306, paragraph (i) is
into fuel cell powered equipment may be considered the outer packaging revised and a new paragraph (j) is added
through a valve. The cartridge must be if it provides an equivalent level of to read as follows:
designed and constructed to prevent the protection. The packaging need not § 173.306 Limited quantities of
fuel from leaking during normal conform to performance requirements of compressed gases.
conditions of transportation and be free part 178 of this subchapter. The
of electric charge generating * * * * *
cartridges must be protected against (i) Aerosols and receptacles small,
components. damage that may be caused by the
(b) Fuel cell cartridges containing containing gas with a capacity of less
movement or placement of the than 50 mL. Aerosols, as defined in
flammable liquids, including methanol equipment and the cartridges within the
or methanol/water solutions, must § 171.8 of this subchapter, and
outer packaging. receptacles small, containing gas, with a
conform to the following:
■ 33. In § 173.301, paragraph (o) is capacity not exceeding 50 mL (1.7 oz.)
(1) The fuel cell cartridge design type
without its packaging must be shown to revised to read as follows: and with a pressure not exceeding 970
pass an internal pressure test at a § 173.301 General requirements for kPa (141 psig) at 55 °C (131 °F),
pressure of 15 psig (100 kPa); shipment of compressed gases and other containing no hazardous materials other
(2) Fuel cell cartridges must be hazardous materials in cylinders, UN than a Division 2.2 gas, are not subject
packaged in rigid outer packagings pressure receptacles and spherical to the requirements of this subchapter.
pwalker on PROD1PC60 with RULES4

which meet the requirements of part 178 pressure vessels. The pressure limit may be increased to
at the Packing Group II performance * * * * * 2000 kPa (290 psig) at 55 °C (131 °F)
level and conform to the general (o) Cylinders made of aluminum alloy provided the aerosols are transported in
packaging requirements of subpart B of 6351–T6. A DOT 3AL cylinder outer packages that conform to the
part 173. manufactured of aluminum alloy 6351– packaging requirements of Subpart B of

VerDate Aug<31>2005 20:24 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
78634 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations

this part. This paragraph (i) does not into separate unit load devices and, following the table, a new note ‘‘2’’ is
apply to a self-defense spray (e.g., when stowed aboard the aircraft, the added to read as follows:
pepper spray). unit load devices must be separated by
(j) For additional exceptions, also see § 176.84 Other requirements for stowage
other cargo with a minimum separation
and segregation for cargo vessels and
§ 173.307. of 2 m (6.5 feet). When not loaded in passenger vessels.
Appendix H to Part 173 [Amended] unit load devices, Division 1.4B and
Division 1.3 explosives must be loaded * * * * *
(b) * * *
■ 35. In Appendix H to Part 173, under into different, non-adjacent loading
heading 3. Apparatus, introductory text, positions and separated by other cargo Code Provisions
the first occurrence of the wording ‘‘UN with a minimum separation of 2 m (6.5
Manual of Test and Criteria,’’ is feet).
removed and the wording ‘‘UN Manual * * * * * * * * * *
of Test and Criteria (IBR, see § 171.7 of 22 ...... Segregation same as for flammable
this subchapter),’’ is added in its place PART 176—CARRIAGE BY VESSEL liquids if flash point is below 60 °C
and under heading 5. Procedure, in (140 °F).
paragraph (h), the wording ‘‘60.5 °C (141 ■ 39. The authority citation for part 176 23 ...... Segregation same as for flammable
continues to read as follows: liquids if flash point is between
°F)’’ is removed and the wording ‘‘60 °C 23 °C (73 °F) and 60 °C (140 °F).
(140 °F)’’ is added each place it appears. Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53. * * * * *
PART 175—CARRIAGE BY AIRCRAFT 26 ...... Stow ‘‘away from’’ acids.2
§ 176.76 [Amended]
27 ...... Stow ‘‘away from’’ alkaline com-
■ 36. The authority citation for part 175 ■ 40. In § 176.76, in paragraph (f)(2), the pounds.2
continues to read as follows: wording ‘‘141 °F’’ is removed and the
Authority: 49 U.S.C. 5101–5128; 44701; 49 wording ‘‘60 °C (140 °F)’’ is added in its * * * * *
CFR 1.53. place. 52 ...... Stow ‘‘separated from’’ acids.1, 2
■ 41. In § 176.83, paragraph (a)(4) is 53 ...... Stow ‘‘separated from’’ alkaline com-
■ 37. In § 175.10, in paragraph (a)(2), the pounds.2
first sentence is revised to read as revised to read as follows:
follows: * * * * *
§ 176.83 Segregation.
109 .... Label as a flammable liquid if flash
§ 175.10 Exceptions for passengers, (a) * * * point is 60 °C (140 °F) or below.
crewmembers, and air operators. (4) Segregation is not required:
* * * * * (i) Between hazardous materials of * * * * *
(a) * * * different classes which comprise the 144 .... When stowed under deck, mechan-
(2) One packet of safety matches or a same substance but vary only in their ical ventilation shall be in accord-
lighter intended for use by an individual water content (for example, sodium ance with SOLAS, Chapter II–2/
when carried on one’s person or in Regulation 19 (IBR, see § 171.7 of
sulfide in Division 4.2 or Class 8) or
carry-on baggage only. * * * this subchapter) for flammable liq-
quantity for Class 7 materials; or uids with flashpoint below 23 °C
* * * * * (ii) Between hazardous materials of (73 °F).
■ 38. In § 175.78, paragraph (c)(4) is different classes which comprise a
revised to read as follows: group of substances that do not react * * * * *
dangerously with each other. The
§ 175.78 Stowage compatibility of cargo. * * * * *
following materials are grouped by 2 Class 8 materials in PG II or III that other-
* * * * * compatibility: wise are required to be segregated from one
(c) * * * (A) Hydrogen peroxide, aqueous another may be transported in the same cargo
(4) Note 1. ‘‘Note 1’’ at the solutions with not less than 8 percent transport unit, whether in the same packaging
intersection of a row and column means or not, provided the substances do not react
but less than 20 percent hydrogen dangerously with each other to cause combus-
the following: peroxide (stabilized as necessary); tion and/or evolution of considerable heat, or
(i) Only Division 1.4, Compatibility Hydrogen peroxide, aqueous solutions of flammable, toxic or asphyxiant gases, or the
Group S, explosives are permitted to be with not less than 20 percent but not formation of corrosive or unstable substances;
transported aboard a passenger aircraft. and the package does not contain more than
more than 40 percent hydrogen 30 L (7.8 gallons) for liquids or 30 kg (66 lbs.)
Only certain Division 1.3, Compatibility peroxide; Hydrogen peroxide, aqueous for solids.
Groups C and G, and Division 1.4, solutions with more than 40 percent but
Compatibility Groups B, C, D, E, G and not more than 60 percent hydrogen PART 178—SPECIFICATIONS FOR
S, explosives may be transported aboard peroxide; Hydrogen peroxide and PACKAGINGS
a cargo aircraft. peroxyacetic acid mixtures, stabilized
(ii) Division 1.4 explosives in with acids, water and not more than 5 ■ 43. The authority citation for part 178
Compatibility Group S may be stowed percent peroxyacetic acid; Organic continues to read as follows:
with Division 1.3 and 1.4 explosives in peroxide type D, liquid; Organic Authority: 49 U.S.C. 5101–5128; 49 CFR
compatibility groups as permitted peroxide type E, liquid; Organic 1.53.
aboard aircraft under paragraph (c)(4)(i) peroxide type F, liquid; and ■ 44. In § 178.274, paragraph (j)(6) is
above. (B) Dichlorosilane, Silicon revised to read as follows:
(iii) Except as otherwise provided in
tetrachloride, and Trichlorosilane.
this Note, explosives of different § 178.274 Specifications for UN portable
compatibility groups may be stowed * * * * * tanks.
pwalker on PROD1PC60 with RULES4

together whether or not they belong to ■ 42. In § 176.84, in paragraph (b), in the * * * * *
the same division. Table of provisions, Codes ‘‘22,’’ ‘‘23,’’ (j) * * *
(iv) Division 1.4B and Division 1.3 ‘‘26,’’ ‘‘27,’’ ‘‘52,’’ ‘‘53’’ and ‘‘109’’ are (6) Effective January 1, 2008, each
explosives may not be stowed together. revised, a new Code ‘‘144’’ is added in new UN portable tank design type
Division 1.4B explosives must be loaded appropriate numerical order, and meeting the definition of ‘‘container’’ in

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4
Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78635

the Convention for Safe Containers testing at ¥18 °C (0 °F) or lower are (2) Exception. A cylinder subject to
(CSC) (see 49 CFR 450.3(a)(2)) must be considered acceptable test liquids, and the requirements of § 173.301(l) of this
subjected to the dynamic longitudinal may be considered equivalent to water subchapter may not be marked with a
impact test prescribed in Part IV, for test purposes. IBCs conditioned in RIN.
Section 40 of the UN Manual of Tests this way are not required to be * * * * *
and Criteria (see IBR, § 171.7 of this conditioned in accordance with ■ 49. In § 180.352, paragraphs (b)
subchapter). A UN portable tank design § 178.802. introductory text, (b)(1) and (g) are
type impact-tested prior to January 1, * * * * * revised to read as follows:
2008, in accordance with the
requirements of this section in effect on PART 180—CONTINUING § 180.352 Requirements for retest and
October 1, 2005, need not be retested. QUALIFICATION AND MAINTENANCE inspection of IBCs.
UN portable tanks used for the OF PACKAGINGS * * * * *
dedicated transportation of ‘‘Helium, (b) Test and inspections for metal,
refrigerated liquid,’’ UN1963, and ■ 47. The authority citation for part 180 rigid plastic, and composite IBCs. Each
‘‘Hydrogen, refrigerated liquid,’’ continues to read as follows: IBC is subject to the following test and
UN1966, that are marked ‘‘NOT FOR Authority: 49 U.S.C. 5101–5128; 49 CFR inspections:
RAIL TRANSPORT’’ in letters of a 1.53. (1) Each IBC intended to contain
minimum height of 10 cm (4 inches) on solids that are loaded or discharged
at least two sides of the portable tank ■ 48. In § 180.213, paragraph (d) is under pressure or intended to contain
are excepted from the dynamic revised to read as follows: liquids must be tested in accordance
longitudinal impact test. with the leakproofness test prescribed in
* * * * * § 180.213 Requalification markings. § 178.813 of this subchapter prior to its
* * * * * first use in transportation and every 2.5
§ 178.602 [Amended] years thereafter, starting from the date of
(d) Requalification markings. Each
■ 45. In § 178.602, in paragraph (b), the cylinder successfully passing manufacture or the date of a repair
second sentence is amended by adding requalification must be marked with the conforming to paragraph (d)(1) of this
the wording ‘‘containing solids’’ after RIN set in a square pattern, between the section. For this test, the IBC is not
the word ‘‘Bags.’’ month and year of the requalification required to have its closures fitted.
■ 46. In § 178.810, paragraph (b) is date. The first character of the RIN must * * * * *
revised to read as follows: appear in the upper left corner of the (g) Record retention. (1) The owner or
square pattern; the second in the upper lessee of the IBC must keep records of
§ 178.810 Drop test.
right; the third in the lower right; and periodic retests, initial and periodic
* * * * * the fourth in the lower left. Example: A inspections, and tests performed on the
(b) Special preparation for the drop cylinder requalified in September 2006, IBC if it has been repaired or
test. (1) Metal, rigid plastic, and and approved by a person who has been remanufactured.
composite IBCs intended to contain issued RIN ‘‘A123’’, would be marked (2) Records must include design types
solids must be filled to not less than 95 plainly and permanently into the metal and packaging specifications, test and
percent of their maximum capacity, or of the cylinder in accordance with inspection dates, name and address of
if intended to contain liquids, to not less location requirements of the cylinder test and inspection facilities, names or
than 98 percent of their maximum specification or on a metal plate name of any persons conducting test or
capacity. Pressure relief devices must be permanently secured to the cylinder in inspections, and test or inspection
removed and their apertures plugged or accordance with paragraph (b) of this specifics and results.
rendered inoperative. section. An example of the markings (3) Records must be kept for each
(2) Fiberboard and wooden IBCs must prescribed in this paragraph (d) is as packaging at each location where
be filled with a solid material to not less follows: periodic tests are conducted, until such
than 95 percent of their maximum
tests are successfully performed again or
capacity; the contents must be evenly
for at least 2.5 years from the date of the
distributed.
(3) Flexible IBCs must be filled to the last test. These records must be made
maximum permissible gross mass; the Where: available for inspection by a
contents must be evenly distributed. ‘‘9’’ is the month of requalification representative of the Department on
(4) Rigid plastic IBCs and composite ‘‘A123’’ is the RIN request.
IBCs with plastic inner receptacles must ‘‘06’’ is the year of requalification, and
be conditioned for testing by reducing ‘‘X’’ represents the symbols described in Issued in Washington, DC on December 1,
paragraphs (f)(2) through (f)(8) of this 2006 under authority delegated in 49 CFR
the temperature of the packaging and its
section. part 1.
contents to ¥18 °C (0 °F) or lower. Test
liquids must be kept in the liquid state, (1) Upon written request, variation Thomas J. Barrett,
if necessary, by the addition of anti- from the marking requirement may be Administrator.
freeze. Water/anti-freeze solutions with approved by the Associate [FR Doc. 06–9849 Filed 12–28–06; 8:45 am]
a minimum specific gravity of 0.95 for Administrator. BILLING CODE 4910–60–P
pwalker on PROD1PC60 with RULES4

ER29DE06.012</GPH>

VerDate Aug<31>2005 18:33 Dec 28, 2006 Jkt 211001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\29DER4.SGM 29DER4

Você também pode gostar