Document rB3BY8R7pOO1bY6Lm8dqnOBev

Law Offices Keller and Heckman lOOl G Street, N.W. JOSEPH e KELLER IlftO? iSSAl JEROMEH HECKMAN WILLIAM H SOAOHESANI. JA MALCOLM D MACAATHUR Suite 500 West WAYNE V SLACK TERRENCE 0 JONES MARTIN W SCACOVlO Washington, D.C, eoooi JOHN S CLDRED RICHARD J LEIGHTON Telephone (S02) 434-4100 ALFREDS REONERT WILLIAM L, KOVACS CAROLE C, HARRIS Telex 48 BSS51 "KELMAN" DOUGLASJ SCHR RAYMOND A KOWALSKI* SHIRLEY A CQFFlELO Telecopies (302) 434-4S4S MICHAEL F MORRONE JOHN ft, RICHARDS JEAN SAVIONY*0 JOHN ft. DUftECK Boulevard Louis Schmidt 07 B-1040 Brussels PETER L Of CRU2 ChRisTinE m Gill MELVIN S DROlCN Shirley s, FUJIMOTO Telephone 32(2) 732 52 60 LAWRENCE R HALPRIN Telecopier 32(2) 732 53 22 RALPH A SimMQnS RiCmard f mann peter a suasER C DOUGLAS jARRETT Sheila a millaR GEORGE G hiskO Patrick j nurd DAREN C DODGE DAVID 1 READER SUSAN ANTHONY MARK A SIEVERS MICHAEL R RENNET DAVID G BaRVAOI* CATHERINE R NlELSCN KRl$ ANNE MONTElTH AMY N RODGERS ELLIOT ftCLILOS MARK L iTtKOFr MARC SEREJKA JEAN-RHILIRRE mOnTFORT'Q ARCHIE L HARRIS. JR t Phillips SCCk ARTHUR S GARRETT III rick d Rhodes LESLIE E SILVERMAN FRANK c TORRES III JOSEPH M SAHDRI JR CUlASETM r NEWftILL Tamara y o*v<S RORERT H G LOCKWOOD CAROL MOORS TOTH JOAN C SYLVAIN MARTHA E MARRAPESE* RapRv J OHLSON* OONALD T WURTH DAVID ft BERRY STEPHEN V KENNEY ft DEBORAH ROSEN* DAVID R JOY* FREDERICK A STEARNS* tonve Russell epps* THOMAS C BERGER* JOHN F FOLEY* NOT ADMITTED IN D C 0RESIDENT RRuSSELS SCIENTIFIC STAFF Daniel s dixler. Pm o CHARLES V BRCDER. Rh 0 ROBERT A MATHEW5. Ph D JOHN P MODOERMAN. Ph D HOLLY HUTMIRE FOLEY JUSTIN C POWELL. Ph 0 JANETTE HOUK, Ph 0 LESTER SOftOOlNSKY, Ph D thomas c brown telecommunications ENGINEER CHARLES F TURNER WRITER'S DIRECT DIAL NUMBER January 9, 1995 (202) 434-4209 Hasmukh C. Shah, Ph.D. Manager, Vinyl Chloride Panel Chemical Manufacturers Association 2501 M Street, N.W. Washington, D.C. 20037 Re: dot's Final Rule Amending its Hazardous Materials Regulations; Docket HM-215A Dear Has: We are pleased to report that the Research and Special Programs Administration of the Department of Transportation, in its final rule in Docket HM-215A, has incorporated our recommended change to the Hazardous Materials Table's listing for vinyl chloride by adding the reference to Special Provision 21. See 59 Fed. Reg. 68390 (December 29, 1994). DOT is phasing in the revisions in HM-215A, so that compliance with the revised regulations is not mandatory until October 1, 1996. In its Notice of Proposed Rulemaking (NPRM), DOT had proposed to change the proper shipping name and the identification number for vinyl chloride from "vinyl chloride NA1Q86" to "vinyl chloride, inhibited" or "vinyl chloride, stabilized" both of which have the UN identification number of UN1086. Additionally, the listing for "vinyl chloride, stabilized" in the NPRM did not refer to Special provision 21, which defines the term "stabilized." The Chemical Manufacturers Association's Vinyl Chloride Panel submitted comments to the NPRM informing DOT that, domestically, vinyl chloride is not shipped in an inhibited state nor is it appropriately described as stabilized, as that term is generally understood within the industry to refer to the use of a chemical inhibitor. The Panel indicated that in domestic transport, vinyl chloride is stabilized by removing excess oxygen from the container. Since neither proposed proper shipping name CMA 111102 Hasmukh C. January 9, Page -2- Shah, 1995 Ph.D. Keller and Heckman appropriately described domestic vinyl chloride, the Panel opposed DOT'S proposed revisions and urged it to maintain the proper shipping name "vinyl chloride." If, however, DOT decided to adopt the proposed proper shipping names, then the Panel requested that DOT insert next to the listing for "vinyl chloride stabilized" the reference to Special Provision 21, which defines the term "stabilized" to mean the "addition of a chemical inhibitor, or purging to remove excess oxygen." DOT decided to rely on the reference to Special Provision 21 in column 7 of the Hazardous Materials Table (49 C.F.R. 172.101) to cover domestic shipments of vinyl chloride. Accordingly, as of October 1, 1996, vinyl chloride in domestic transport must be shipped using the following proper shipping name and UN number: Vinyl Chloride, Stabilized, UN1086. Between January 1, 1995 and September 30, 1996, compliance with the revised regulations is optional. All other requirements for vinyl chloride shipments remain the same. Additionally, please note that hazmat employees must be trained in these new requirements prior to October 1. k k * Copies of the relevant pages to the final rule are attached. Should you have any questions, please give me a call. cc: Peter de la Cruz CMA 111103 67390 Federal Register / Vol. 59, No. 249 / Thursday, December 29, 1994 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 171,172, 173, 175, 176, 177,178 [Docket No, HM-215A; Arndt Nos. 171-131, 172-139, 173-241,175-62, 176-36, 177-84, 178-106] R!N 2137-AC42 Implementation of the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Final rule. SUMMARY; This final rule amends the Hazardous Materials Regulations to maintain alignment with corresponding provisions of international standards. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods bv Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce. DATES: Effective: October 1, 1995. Compliance date: Compliance with the regulations, as amended herein, is authorized as of January 1, 1995. Incorporation hy reference: The incorporation by reference of certain publications listed in these amendments has been approved by the Director of the Federal Register as of October 1,1995. FOR FURTHER INFORMATION CONTACT: Bob Richard, Assistant International Standards Coordinator, telephone (202) 366--0586, Beth Romo or John Gale, Office of Hazardous Materials Standards, telephone (202) 366-8553, Hazardous Materials Safety, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001 SUPPLEMENTARY INFORMATION: I. Background On December 21, 1990, the Research ami Special Programs Administration (RSPA) published a final rule (Docket HM-181, 55 FR 52402] which comprehensively revised the Hazardous Materials Regulations (HMR), 49 CFR Parts 171 to 180, with respect to hazard communication, classification, and packaging requirements, based on the UN Recommendations. One intended effect of the rule was to facilitate the international transportation of hazardous materials by ensuring a basic consistency between the HMR and international regulations. The UN Recommendations are not regulations, but are recommendations issued by the UN Committee of Experts on the Transport of Dangerous Goods, These recommendations are amended and updated biennially by the Committee of Experts and are distributed to nations throughout the world. They serve as the basis for international modal regulations; specifically the IMDG Code, issued by the International Maritime Organization (IMO), and the ICAO Technical Instructions. In 49 CFR 171.12, the HMR authorize shipments prepared in accordance with the IMDG Code if all or part of the transportation is by vessel, subject to certain conditions and limitations. Offering, accepting and transporting hazardous materials by aircraft, in conformance with the ICAO Technical Instructions, and by motor vehicle either before or after being transported by aircraft, are authorized in 171,11 (with certain exceptions). On December 22, 1992, RSPA issued an interim final rule (Docket HM-215; 57 FR 60738] amending 171.7 by incorporating the 1993-1994 edition of the ICAO Technical Instructions and Amendment 26 to the IMDG Code. This rulemaking action authorized the use of the updated international regulations, effective January 1, 1993. Amendment 26 promulgated numerous miscellaneous changes to the IMDG Code regarding classification, labeling, packaging, and documentation. The 1993-1994 edition of the ICAO Technical Instructions contained amendments relating to the seventh revised edition of the UN Recommendations, as well as changes specific to air transportation. The HMR, as revised under Docket HM-181, are largely based on the sixth revised edition of the UN Recommendations. Selected provisions from the seventh and eighth revised editions of the UN Recommendations have been incorporated into the HMR under subsequent Docket HM-181 rulemaking actions. On July 18, 1994. RSPA issued a Notice of Proposed Rulemaking (NPRM) (Docket HM-215A; 59 FR ,36488), which proposed changes lo more fully align the HMR with the seventh and eighth revised editions of the UN Recommendations. Such changes would provide consistency with the international air and sea transport requirements which, effective January l 1995, will be aligned with the eighth" revised edition of the UN Recommendations. II. Summary of Comments RSPA received nearly 120 comments to the proposed rule from chemical manufacturers and distributors, earners, model rocket users, and industry associations representing hazardous materials offerors, carriers, and packaging manufacturers and reconditioners. Commenters supported RSPA's effort to align the HMR with international standards to provide consistency and facilitate the international transportation of hazardous materials. Major issues identified by commenters included, (i) The purported need for a delay in the effective date of the final rule to allow an orderly transition from old to new requirements; (2) possible expansion of proposed provisions to allow reuse of certain UN standard packagings without leakproofness testing; (3) a request from model rocket users to clarify proposed packaging requirements for model rockets; (4) proposed removal of an exception for shipments transported within a port area; (5) reciprocal treatment of foreign-manufactured packagings; (6) proposed changes in criteria for corrosivity testing; and (7) proposed subsidiary labeling and terminology changes. A more detailed discussion of the comments and rulemaking actions in response to i!u:m, comments is provided in the following summary. III. Summary of Regulatory Changes by Section Part 171 Section 171.7 Various standards, such as those issued by the International Organization for Standardization (ISO), the American Society for Testing and Materials (ASTM), and Transport Canada, are added or updated, and thr most current versions of the ICAO Technical Instructions, the IMDG Code, and the UN Recommendations an: incorporated. Section 171 8 New definitions lor "Asphyxiant gas,1' "Gas," "Oxidi/mg gas" and "Siftproof packaging'' arc added, and definitions for "Box," "Liquid," "Overpack," "Solid" and "UN standard packaging" are revised lor consistency with the seventh and eighth revised editions of the UN Recommendations. Two commented asked RSPA to delete the word ` Small CMA 111104 67406 Federal Register / Vol., 59, No. 249 / Thursday, December 29, 1994 / Rules and Regulations Cobb Method" is revised to read "ISO535-199l(E) Paper and board-- Determination of water absorptiveness-- Cobb method". h. Under Transport Canada, the entry "Transportation of Dangerous Goods Regulations, as of July 1,1985, incorporating Registration Numbers SOR/85-77, SOR/85-585 end SOR/85609" is revised to read "Transportation of Dangerous Goods Regulations, 1 July 1985, SOR/85/77, incorporating the following Registration Numbers: SOR/ 85-314, SOR/85-585, SOR/85-609, SOR/86-526, SOR/88-635, SOR/87335, SOR/87-186, SOR/89-39. SOR/89294, SOR/90-847, SOR/91-711, SOR/ 91-712, SOR/92--447, SOR/92-600, SOR/93-203, SOR/93-274, SOR/93525, SOR/94-146 and SOR/94-264 (English edition)". i. Under United Nations, for the entry "UN Recommendations on the Transport of Dangerous Goods, Sixth Revised Edition (1989)" the wording "Sixth Revised Edition (1989)" is revised to read "Eighth Revised Edition (1993)". j. Under United Nations, for the entry "UN Recommendations on the Transport of Dangerous Goods, Tests and Criteria, Second Edition, 1990", in column 2, the references "173.124;" "173.128;" "173.166;" and "173.185" are added in appropriate numerical order. 4. In 171,8, the following definitions are added or revised, as indicated, in appropriate alphabetical order to read as follows; $171.8 Definitions and abbreviations. [Add:] * ** * Asphyxiant gas means a gas which dilutes or replaces oxygen normally in the atmosphere. ** ** * Gas means a material which has a vapor pressure greater than 300 kPa (43.5 psi) at 50C (122F) or is completely gaseous at 20*C (68'F) at a standard pressure of 101.3 kPa (14.7 psi). ***** Oxidizing gas means a gas which may, generally by providing oxygen, cause or contribute to the combustion of other material more than air does. ***** Siftproof packaging means a packaging impermeable to dry contents, including tine solid material produced during transportation. ***** (Revise:] Box means a packaging with complete rectangular or polygonal faces, made of metal, wood, plywood, reconstituted wood, fiberboard, plastic, or other suitable material. Holes appropriate to the size and use of the packaging, for purposes such as ease of handling or opening, or to meet classification requirements, are permitted as long as they do not compromise the integrity of the packaging during transportation, and are not otherwise prohibited in this subchapter, ***** Liquid means a material, other than an elevated temperature material, with a melting point or initial melting point of 20*C (68SF) or lower at a standard pressure of 101.3 kPa (14.7 psi). A viscous material for which a specific melting point cannot be determined must be subjected to the procedures specified in ASTM D 4359 "Standard Test Method for Determining Whether a Material is Liquid or Solid". ***** Overpack, except as provided in subpart K of part 178 of this subchapter, means an enclosure that is used by a single consignor to provide protection or convenience in handling of a package or to consolidate two or more packages. Overpack does not include a transport vehicle, freight container, or aircraft unit load device. Examples of overpacks are one or more packages: (1) Placed or stacked onto a load board such as a pallet and secured by strapping, shrink wrapping, stretch wrapping, or other suitable means; or (2) Placed in a protective outer packaging such as a box or crate. ***** Solid means a material which is not a gas or a liquid. ***** UN standard packaging means a packaging conforming to standards in the UN Recommendations on the Transport of Dangerous Goods. ***** $171.11 [Amended] 5. In 171.11, in the last sentence of paragraph (d)(5), the wording "Poison" is revised to read "Poison or Toxic". $171.12 [Amended] 6. In 171.12, in paragraph (b) introductory text, in the second sentence, the wording "stowed and segregated, and certified in accordance with the IMDG Code" is revised to read "stowed and segregated, and certified (including a container packing certification, if applicable) in accordance with the IMDG Code". 7. Section 171.14 is revised to read as follows:. $ 171.14 Transitional provisions for Implementing requirements based on the UN Recommendations. General. The purpose of the provisions of this section is to provide an orderly transition to new requirements based on the UN Recommendations, so as to minimize any burdens associated with them. Subsequent final rules may implement different time requirements than the transitional provisions in this section. When the effective date section or regulatory text of a final rule imposes a compliance date earlier or later than that which would be required under this section, the transition date in this section does not apply. (a) A rule published in the Federal Register on December 21,1990, effective October 1,1991, resulted in a comprehensive revision of this subchapter based on the UN Recommendations. Final rules published in the Federal Register on December 20,1991 effective October 1, 1991, October 1,1992 effective October 1,1992, September 24,1993 effective October 1,1993, and September 22, 1994 effective September 22,1994, further revised the December 21,1990 final rule. Prior to an applicable transition date in paragraph (a)(1) of this section, a person may elect to comply with either the applicable requirements of this subchapter in effect on September 30,1991, or the requirements of this subchapter appearing in the December 20,1990 rule, as revised in final rules published in the Federal Register on December 20,1991, October 1,1992, September 24,1993, and September 22,1994. (1) Transition dates. The following transition dates apply only to requirements in the December 21,1990 rule, as revised in the December 20, 1991, October 1,1992, September 24, 1993, and September 22,1994 final rules: (i) January l, 1995. On January 1, 1995, all applicable regulatory requirements, including those pertaining to classification (see 173,134 of this subchapter), hazard communication, and packaging, are effective for Division 6.2 materials (infectious substances) other than regulated medical waste and infectious substances affecting animals only. (ii) October 1,1995. On October 1, 1995, all applicable regulatory requirements, including those pertaining to classification (see 173.134 of this subchapter), hazard communication, and packaging are CMAII'I'I05 Federal Register / Vol. 59, No. 249 / Thursday, December 29, 1994 / Rules and Regulations 67407 effective for regulated medical waste (Division 6.2) and infectious substances affecting animals only (Division 6.2). (iii) October i, 1996. On October 1, 1996, requirements in Parts 172 and 173 of this subchapter for maintenance and use of packagings that were not previously in effect are effective. (DOT specification packagings removed from Part 178 of this subchapter by the December 21,1990 final rule and packaging authorizations removed from Part 173 of this subchapter by the December 21,1990 final rule may no longer be used in place of new packaging requirements.) (2) Other transitional provisions--(i) Packages filled prior to October 1,1991. Notwithstanding the marking and labeling provisions of Subparts D and E, respectively, of Part 172, and the packaging provisions of Part 173 and Subpart B of Part 172 of this subchapter, a package may be offered for transportation and transported prior to October 1,2001, if it-- (A) Conforms to the old requirements of this subchapter in effect on September 30,1991; (B) Is filled with hazardous materials prior to October 1,1991; (C) Is marked "Inhalation Hazard", if appropriate, in accordance with 172.313 of this subchapter or Special Provision 13, as assigned in the 172.101 Table; and (D) Is not emptied and refilled on or after October l, 1991. (ii) Transitional placarding provisions. Until October l, 2001, placards which conform to specifications for placards in effect on September 30,1991, may be used in place of the placards specified in Subpart F of Part 172 of this subchapter, in accordance with the following table: Placard Substitution Table Hazard class or division number Current placard name Old (Sept 30,1991) placard name Division 1.6 ............................................... Division 6 1, PG III .................................... Class 7 ..................................................... Class fl.......................... ........ .......... . Class 9..................................................... Explosives 1.1 .......................................... Fxplnsives 1.9 ............................ ............. Explosives 1.3 ......>.............. ...........,.......... Explosives 1.4 .............................. .......... .. Explosives 1.5 ........................................... Explosives 1.6 ........................................... Flammable gas.......................................... Nonflammable gas..................................... Poison gas............................ ................ . Flammable ................................................ Combustible.............................................. Ftammahto fcnlirl ................. .................... .. Spontaneously combustible................. . Dangerous when wet......... ......... ............... Oxidizer ........... .................................. ...... Organic peroxide ....................................... Poison.................. ................................... Keep away from food ........... .................. Radioactive............................................... Corrosive ................................................. Class 9 ..................................................... Explosives A. Explosives A. Explosives B. Dangerous. Blasting agents. Dangerous. Flammable gas. Nonflammable gas. Poison gas. Flammable. Combustible. Flammable solid. Flammable solid. Flammable solid W. Oxidizer. Organic peroxide. Poison. (none required). Radioactive. Corrosive. (none required). (b) A rule published in the Federal Register on December 29,1994, effective October 1,1995, resulted in further revisions to this subchapter based on the UN Recommendations. During the transition period provided in paragraph (b)(1) of this section, a person may elect to comply with either the applicable requirements of this subchapter is effect on September 30,1995, the applicable requirements based on the transition dates provided in paragraph (a)(1) of this section, or the requirements of this subchapter appearing in the December 29,1994, final rule. (1) Transition date. On October 1, 1996, all applicable regulatory requirements adopted in the December ( 29,1994, final rule must be met. 1 (2) Intermixing old and new requirements. Prior to the transition date in paragraph (b)(1) of this section, it is recommended that hazard communication requirements be consistent where practicable, i.e., ^*marking, labeling, placarding, and ^^Bhipping paper descriptions should 1 conform to either the old requirements of this subchapter in effect on September 30,1995, or new requirements of this subchapter added or revised by the December 29,1994, rule, without intermixing of communication elements. However, intermixing is permitted, during the applicable transition period, for packaging, hazard communication, and handling provisions, as follows; (i) If either shipping names or identification numbers are identical, a shipping paper may display the old shipping description even if the package is marked and labeled under the new shipping description; (ii) If either shipping names or identification numbers are identical, a shipping paper may display the new shipping description even if the package is marked and labeled under the old shipping description; and (iii) Either ola or new placards may be used regardless of whether old or new shipping descriptions and package markings are used. PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS 8. The authority citation for part 172 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 9. In 172.101, paragraphs (c)(3), (c)(13) and (k)(l) through (k)(5) are revised and, in paragraph (g), a new sentence is added as the last sentence to read as follows: 172.101 Purpose and use of hazardous materials tabla. ***** (c)* * * (3) The word "poison" or "poisonous" may be used interchangeably with the word "toxic" when only domestic transportation is involved. The abbreviation "n.o.i." or CMA111106 172.101 Hazardous Materials TABi^-Continued 05 aDo> o CfDt 67482 Federal Register / V ol. 59, No. 249 / Thursday, December 29, 1994 / Rules i.OVVVVWMO