Document zz5ryNrpd76kZONRQwoyYDxR7
CHEMICAL MANUFACTURERS ASSOCIATION
September 29, 1992
Dr. Charles Ke Chief, Science Group Office of Hazardous Materials Technology U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590-0001
Dear Dr. Ke:
Thank you for meeting with representatives of the CMA Vinyl Chloride Panel on August 12, 1992, to discuss the Panel's request to allow the vinyl chloride industry to use either "vinyl chloride" or "vinyl chloride, inhibited," as appropriate, on the shipping label. The basis for the Panel's request was described in my January 16, 1992, letter to Mr. Edward Mazzullo of the DOT Office of Hazardous Materials Standards. A copy of the January 16, 1992, letter is enclosed for your ready reference (Attachment 1). At our August 12, 1992 meeting, you requested additional information on VCM shipping practices in Europe, Asia and the Pacific Rim. I contacted our Panel member companies, and now have received the requested information. This information is described below.
VCM domestically and in foreign countries is shipped mainly by railcars, pipelines or marine vessels. Most domestic VCM shipments by railcars and pipelines are uninhibited, l.e., no chemical inhibitor is added. Export marine shipments are either chemically inhibited or uninhibited. There are three classes of vessels that carry VCM. These are fully refrigerated, semi-refrigerated, and pressure vessels. The fully refrigerated ships operate at temperatures of -15 C with relief valve settings of 2 to 3 psig. Semi-refrigerated ships can load VCM at ambient temperatures but normal operation is also to cool the VCM to the customer's requirements or to fully refrigerated conditions. The tanks are rated for 45 to 100 psig. Pressure vessels operate at ambient temperature and have tank ratings of 150 to 200 psig. Auto polymerization in the refrigerated or semi-refrigerated class of vessels is unlikely due to the low product temperatures maintained. Pressure vessels are very similar to tank cars and carry the same low risk of auto polymerization as tank cars.
Vessel shipments of VCM from the US do not require an inhibitor as long as the tanks are purged with inert gas until the oxygen content is below 0.1%, and the tanks are carried under positive pressure. The attached IM0 regulations govern the VCM shipping practices (Attachment 2). US Coast Guard regulations are not clear, but the Coast Guard is aware of both Inhibited and uninhibited VCM shipments from the US.
2501 M Street, NW, Washington, DC 20037 202-887-1100 Panafax 202-887-1237 Telex 89617 (CMA WSH)
CMA 111110
Dr. Charles Ke September 29, 1992 Page 2
While the risk of polymerization is remote and the IMO regulations do not specifically require VCM to be inhibited, the actual practice is mixed. Most shipping contracts call for "properly inhibited" VCM. The term "properly inhibited" has never been defined. U.S. shipments to the Far East and Europe are almost always inhibited. Most shipments to Mexico are not inhibited. A typical voyage to the Far East from the US is 30 days while the time to Mexico is 3 to 5 days.
In Europe, when Far East shipments are made in large ships, they are inhibited with Hydroquinone. Generally, the ships have other products in the same hold previous to VCM and have too high an oxygen concentration, probably greater than 1000 ppm oxygen by volume. It Is too expensive to purge the large ship tanks to a lower specification suitable to prevent polymerization, and, therefore, the monomer is inhibited by chemical addition. The distance has some bearing whether to inhibit VCM, but the decision to inhibit or not probably is made based on cost to lower the oxygen content of huge ship tanks to below 0. IT.
Each country's handling of vinyl chloride monomer is different. One place in Europe does not inhibit while in storage and during transportation to the polymer plants. This is due to the dedicated service of pipelines, etc. Some companies in Japan inhibit monomer going into storage and to polymer plants and small shuttle ships, where another Japanese company does not inhibit monomer handled on land. The Koreans do not inhibit monomer domestically. The Saudis do inhibit their VCM storages.
As we discussed over the phone about two weeks ago, the domestic VCM name plate capacity is about 12 billion pounds, and about 6 billion pounds are shipped internally by railcars. The two other methods of transportation of vinyl chloride are by pipelines or marine vessel.
In conclusion, the CMA Vinyl Chloride Panel requests that the U.S. DOT add "Vinyl Chloride" to the 49 CFR 172.102 table as a separate shipping name for those shipments that do not contain a chemical inhibitor.
If you have any questions concerning the information in this letter, please call me at (202) 887-1192.
Sincerely,
Enclosure
cc: George Cushmac Vinyl Chloride Panel
Hasmukh C. Shah, Ph.D. Manager, Vinyl Chloride Panel
CMA Him
&
CHEMICAL MANUFACTURERS ASSOCIATION
ATTACHMENT 1
January 16, 1992
V
Mr. Edward Mazzullo DHM-10 Director, Office of Hazardous Materials Standards U.S. Department of Transportation 400 7th St, SW Washington, D.C. 20590*0001
Dear Mr. Mazzullo:
The Chemical Manufacturers Association Vinyl Chloride Panel hereby requests that the Department of Transportation reconsider the shipping label name for vinyl chloride containers. The DOT Hazardous Materials Regulations (HMR: 49 CFR Parts 171*180) that have been converted to United Nations Standards have changed the proper shipping name of vinyl chloride from "Vinyl Chloride" to "Vinyl Chloride, inhibited." This change has concerned vinyl chloride producers because an inhibitor is not added to the monomer for purposes of domestic shipments and on some international shipments. Industry recognizes inhibiting vinyl chloride as the addition of a chemical, such as hydroquinone, that would prevent self polymerization. Removing oxygen to low parts per million quantities or cooling the liquid monomer is considered an inhibiting step by Dr. Charles ICe of DOT. These processes are understood to be a requirement for storing and shipping vinyl chloride and not an inhibiting step for the monomer as Dr. Ke has suggested. Labeling containers such as tank cars with the Inhibitor statement will create confusion for all handlers of this product.
There has not been a problem with vinyl chloride self polymerizing while in a shipping container and in route to shipping locations. For this reason, most producers and shippers do not inhibit vinyl chloride for domestic tank car, truck, and water transportation. The chemical inhibitor would interfere with the conversion of vinyl chloride to a polymer.
The addition of "Inhibited" as part of the vinyl chloride proper shipping name would be an Incorrect marking of most packages shipped today. Markings on all bulk transportation equipment, non-bulk packages and shipping documents would roqulre the addition of the "Inhibited" description.
The Vinyl Chloride Panel, therefore, petitions for reconsideration to add "Vinyl Chloride" as a separate proper shipping name for those shipments that do not contain a chemical inhibitor. Placing a symbol
2501 M Street. NW. Washington, DC 20037 202-887-1100 Pantfu 202-867-1237 Telex 89617 (CMA WSH)
CMA 111112
Mr. Edward Mazzullo January 16, 1992 Pag 2
in column 1 of 49 CFR 172.102 table representing transportation in North America ia recommended. Thia would not change vinyl chloride'a hazard class or the response to hazardous materials incidents by emergency responders.
If you have any questions or need additional information, please contact me at (202) 887*1192.
Sincerely,
cc: Vinyl Chloride Panel
Hasmukh C. Shah, Ph.D. Manager, Vinyl Chloride Panel
CMA111113
lASS
/
CtASS 2
alloys, and line. t> and other testyIide-forming
lev*. iied steel .S n*r,a with greeter than ona par pant
"ident tanks only. soandant tanks tyoa C and tht lur* of th* cargo tank should t/or vapour discharge unloading
' 7.24(b) should b* mad. /vhien readily form dangerous loured to form stagnant pockets thtr bv; 'i in 7.24(b) with th* condenser
n*d avatem described in 7.2.4(a) set system daacnbad In 72,41b) -.rgo tank, and designing the corn :ts in which liquid oould collect 'possible Inhibited liQuid should
of such products with ballast 3 be removed prior to the ballast stwesn such eonsacutive cargoes jmy drained end purged before carried eut using either ingrt gas stibie, Practical steps shout# be do not accumulate in the ship's
ell butt welded joints In cargo sd.
17,7 Bow or sum loading and discharge lines
Bow or itarn loading and discharging lines dtould not be led past accommodation, service or control station spaces on Type IQ ships Sow and starn loading and diicharging llnaa installed on Type I IQ/I IPQ ships tftouid not be used for the transfer of toxic cargoes, unless specifically approved by the Administration.
17J Exclusion of air from vapour spaces Air mould be remould from the cargo tanks and associated piping
before loading and then subsequently excluded by:
(a) Introducing inert gas to maintain a positive praasura. Storage or production capacity of the Inart gas should be tuffletat to meet normal oporatlng requirements and relief valve leakage. The oxy gen content of Inert get should at no time be greater than 0.2 par cant by volume: or
(b) control of cargo temperature euch that a positive pressure Is main tained at all times.
17.0 Moisture control
For gesat which ere non-flammable end may become corrosive or react dangerously with water, moisture control is required to ensure that cargo tanks trt dry before loading and that during discharge, dry air or cargo vapour is introduced to prevent negsttve pressures. For the purposes of this paragraph, `dry air Is air which has a dewpoint of "45*C or below at atmospheric praasura.
fl7t10, InhlbittauLl
1 Cere should be taken to ensure that the cargo Is sufficiently inhibited to rprewit'`potymer1zetlon et all tlmaS during th* vpyaga. Ships should be "provided with certificate from th# manufacturer rating^ /
|(| name and amount of Inhibitor addad;
(t>) data Inhibitor was added and tha normally expected duration of {, Its effactivanta:
, (c) any temperature limitations affecting the Inhibitor,
|(d| tha action to be taken should tha length of tha voyage exceac the *- - effective lifetime of th# inhibitors.
\, - .
I 17,11 Permanently totalled toxic gesdetaeton
17.11,1 Qas sampling llnas should not bt lad Into or through gas-saf* spaces. Alarms referred to In 13.S.7 should b# activated whan tha vapour con centration reaches the threshold limiting value.
17.112 The alternative of using portable equipment in eccordtnce with 13.0.9 should not be permitted,
iii I
i
with chlorine ebeorolng plant 0 piping system end the etrgo *ould to* capable of neutreililng total cargo capacity <t a ration-
go tanks, vapour* should not bo
d b< providad capable of men!* v of at least 1 ppm by volume, tto: go held maces; *y relief valvai; absorbing plant; :>on tynams for the eceommodemachinery maces; id, in the middle and at the aft Only required to be used during ting operations.)4! iouid be providad with eudlbia jint of 5 ppm. 'tted with a high pressure alarm sura equal to 10.5 kp/emJ.
van In 17.2 the following require*
] by 17,2.4 should be easily and open deck and accommodation being rapidly dosed gas-tight.
it deck end thi remainder of the v means of an elMoek. Tha space eccommodsti the entire craw of h a source of uneontemineted air -n four hours. One of the deeon* d by 17.2.2 should be located s. sary equipment for filling tha tin
equipment should be carried In oartgraph (I),
.4(b) do net apply whan It it
A/vw
OuftvXVU
i me cnionne content of tha gas In tha vapour mace of tha cargo tank after loading ahould be greater than H par cant by volume.
M2.B ybtyfebferfa
f imw i |p uu i HIV purp9M* OT 1t JO VWUIQ QQnWn not fTiPfl
oxygen than 0.1 per cant, Before loading la started, Inan gat samples from tha tanka and piping should be tnaiytad. Whan vinyl eWorld* It carried, a positive praesur* should always be maintained In tha tanks, also during baliaet voyages between successive carriages.
fc
17,12.7 Qtehf! tthtrMnyt Khy!
(a) The cargo ahould be discharged only by deepwefl pumps or by hydraulically operated submerged pumps. These pumps mould be Of a type designed to avoid liquid pressure against the shaft gland.
lb) Inart gas displacement may be used for dlteherglng cargo from Independent tanks type C providad tha cargo aystam is designed for tha expected pressure.
17,12.8 PropWen# axtdt art mixtjm of tthyltnt oxM*/proey!tnt oxide whfitthylnt oxld* contentnet more Men JO per cent by
(a) Products transported undr tha provisions of this section should be acetylene free.
(b) For the purposes of mis section the term "Independent" means that i piolng system or venting eyatem, for example, it In no way connected to another system and that there re no meant available for the potential connexion to othr systems.
fc> (I) Unian cargo tanks are proprly cleaned, these products mould not ba carried In tanks which have contained at on* of the thrai previous cargoes any product known to catalyse polymerisation, such at;
- ammonia, anhydrous end ammonia solutions;
- gmlne* end amine solutions;
- oxidising substances (e.g. chlorine).
(II) Before loading, tanks should be thoroughly and effectively eleenad to remove all traces of previous cargoes from tanks and associated pipework, except where tha Immediate prior cargo hae been propylene oxide or ethylene pxlde/prepyltnt oxide mixtures. Particular cere should be taken m the cate of ammonia in tanks made of steel other than stainless steel.
(III) In ell cates, the effectlvenMi of cleaning procedures for tanks and associated pipework mould ba cheeked by suitable testing or inspection to aecertaln that no traces of eddic or alkaline materials remain that might create a hasardous situation In the presence of these products.
119
CMA 111H6
SEP 22
3200
. 12!59PM QXV CHEW P&P (214)404-2884
atsr fowp^owi ^
W~ W Su4*r.$ f?W/ *
CLASS 2
ta>_i JVy4_ Kaol -
GASES: COMPRESSED, LIQUEFIED OR DISSOLVED
UNDER PRESSURE
1. LIST OF SUBSTANCES (1) Among the substances and articlei covered by the title of Out 2, only thoie lifted in
mariint) 2201 are to be accepted for carriage, and then only subject to the requirement! of
tfaii Annex and to the proviaioni of Annex B, Thaw subatancet and articles to be accepted for carriage under certain condltiom'are to be coniidered at aubitancet and article* of ADR.
(2) Subttaneei having a critical temperature lower than 50*tt or, at S0*C, a vapour presiure
greater than 100 kFa (3 bar) are deemed to be eubttanccf of Gan 2,
Neu. For the daiitfleitlen of wluileni and mlxtum (neb at teapuadew and wann) OOntHaiag eee or men
aompoaanu lined la marginal HOI, tea the maritat! 3802 9).
^
0) The substances and article! of Gaai 2 are etawinad as follows: A: Compretted gain having a critical temperature below -10*C;
B; Liquefied gates having a critical temperature of - 10*C or above: a. Liquefied gates having a critical temperature of 70*C or above; b. Liquefied gates having a critical temperature of - 10*C or above, but below ?o*C;
C; Deeply-refrigerated liquefied gates;
D: Oates dissolved under presiure;
E: Aerosol dispensers and non-refiliable containers of get under pressure;
F: Oases subject to special requirements; and
O: Empty receptacles and empty tanks.
The substances and articles of Class 2 are subdivided according to their chemical properties, as follows:
(a) non-inflammable; (a t) non-inflammable, toxic (b) inflammable;
11) inflammable, toxic;
2301
Unless otherwise specified, chemleally unstable eubttancet shall be considered to be inflammable.
The names of corrosive gases and of articles containing such gates shall be followed by the word "corrosive" in brackets.
J'Substances of Gass 2 which are lilted among the chemically unstable gatco are to be leffoi' ftutUge'only if the' hetmiyy flees* htvt'betniakefilo prevent their dangerous J ......... ......... *
TbUriTid, care should in particular be taken to ensure that receptacles and tanks do not
aomaln any substances liable to promote these reactions.
JJ "
A. Compretted gates [see also marginal 2201a under (a). For gases of I* (a) and (b) and
2* (a) in aerosol dispensers or in non*reflUable containers for gases under pressure, see under 10* and 11*1.
Oases having a critical temperature below - I0*C are considered to be eompretsed gases for the purposes of ADR.
1* rtnti Oajxi and tchnjcau?-fvm oasbs
() Nondnfiaramabli Argon; niiropni Miami krypton; neon; oxyittr, itirafluoromtthan* (R 14).
(a t) Non-inflammable, toxic Fluorint (corrosive); boron trtfluoridt; Illieon Utrpfluortdt (corrosive).
(b) lnflammabls Dtuttrium; hydrogtni mnhont.
CMA 111117
SEP 22 :
.P (214)41
i
CUst 2
AA^
2224 (eon/.)
receptacles (marginal 2207 (2)(a)], it iball, in addition, bear a label conforming to modd No. 12.
2225
Evtry package containing aerotol dispensers of 10* (b) 2., 10* (b 1) 2., 10* (c) or 10* (e t),
or non-reflllsbie containers of gal under pressure of 11* (b), 11* (b t). 11* (c) or 11* (e t),
thill bear a label conforming to modd No. 3.
(C
2224
s4 > (1) The description of the good* In the transport document tauet be;
(a) in the cate of pure and teebnJcally-pure gaiet of 1* 3*. 5* V or 9*, of aerosol
dispensers of 10*, of nn*feflllable container* of gat under pressure of 11*; one of
the names In Italia in marginal 2201;
(b) in the ease of mixtures of gaees of 2*. 4*,4\|\ 12* or 13*! "mixture of gases". Thie
description must be supplemented by an indication of the composition of the mixture of gates in volume per cent or mass per cent. Constituents below one per cent need not be indicated. In the case of mixtures of gatca of 2* (a), 2* <b), 2* (b t), 4* (a), 4* (b). 4* (c), g* (a), I* (a) or I* (b), the descriptions or names customary ia the trade
which are in Holies in marginal 2201 may likewise be need, without indication of the
composition.
These descriptions must be underlined and followed by particulars pf the dan, tkt Horn number (together with the letter, Ifany), and the Initials "ADR "or "RID" te.g., 2,5* (e 0.
ADR).
rfeyifilthe'aaseoTconsignments of psetwlilch are' listed `among the chemically unrtabla^
rgases, the sender shall certify as followt ln tKlranipon document: 1TWf necessary steps / tt-kbprtmh'rakert'Id'ibl&fi~tRe~requlfemih"ts`ofADR marginal 2200T4)". In the case cH 1 'consignments of mixtures of gates of 12* or test gases of 13*, the sender shell certify Is*
follows in the transport document; "The conditions fold down In ADR marginal2201,12* or IS*, hove been compiled with".
(3) In the eeie of consignments of chlorine trifluoride of 3* (a t), the lender shell certify as follows in the transport document: "Afterfitting with chlorine trtfluoride, the receptacle has been kept under observationfor not less than seven days and Its leakproofness has been
verifled11.
(4) In the ease of tanks containing gases of 7* (a) or S* (a), other than carbon dioxide and nitrous oxide, the transport document shall bear tht following entry:
"77># tank It In permanent communication with the atmosphere".
2237 2231
C. Empty packngingi
(2) Receptacles and tanks of 14* shall be closed in the same manner as if they were full.
(2) The description in the transport document shall conform to one of the names given in
14*. (14. "Empty receptacle, uncleaned, 2,14*, ADR"). This text shali be underlined. The
description shall be completed by adding tht words "Last load", together with the name and item number of the goods last loaded, e.g., Lest load: chlorine, S*(et),
(3) The receptacles of )4* referred to in marginal 2212 (I) (a), (b) end (d) may b: transported after the expiry of the lime-limit set for tht periodic test prescribed in raerginal
2213, tor the purpose or undergoing tht tests.
D, Transitional provisions
The following transitional provisions shall apply to receptacles for compressed or liquefied guts or gases dissolved under pressure:
-7
.
CMA 111118
36488
Federal Register / Vol. 59, No. 136 / Monday, July 18, 1994 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171,172,173,175,176, 177, and 178
[Docket No. HM-215A; Notice No. 94-6]
RIN 2137-AC42
implementation of the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking.
SUMMARY: This notice proposes to amend the Hazardous Materials Regulations to maintain alignment with
corresponding provisions of
international standards. Because of recent changes to the International
Maritime Dangerous Goods Code (IMDG
Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous
Goods by Air {ICAO Technical
Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN
Recommendations), these proposed revisions are necessary to facilitate the
transport of hazardous materials in international commerce.
Dates: Comments must be received by September 6,1994.
ADDRESSES: Address comments to the Dockets Unit (DHM-30), Research and Special Program* Administration, U.S.
Department of Transportation, Washington, DC 20590-0001.
Comments should Identify the docket and be submitted in five copies. Persons
wishing to receive confirmation of
receipt of their comments should
include a aeU-eddramd stamped post
card. The Dockets Unit Is
in
Room 8421 of the NassifBuilding, 400
Seventh Street, SW., Washington, DC.
Public dockets may be reviewed between the hours of 8:30 a.m. and 5 p.m. Monday through Friday, except for Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bob Richard. Assistant International
Standards Coordinator, telephone (202)
366-0586, 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: On December 21,1990, the Research and
Special Programs Administration (RSPA) published a final rule {Docket HM-181; 55 FR 524021 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 at hazardous materials by ensuring a basic consistency between the HMR mid international regulations.
The UN Recommendations are not regulations, but are recommendations issued by the UN Committee ofExperts on the Transport of Dangerous Goods. These recommendations are amended and updated biennially bv 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 fay 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 5 171.11 (with certain exceptions).
On December 22,1992, XSPA 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 l, 1993. Amendment 26 promulgated numerous miscellaneous changes to the IMDG
Code regarding classification, labeling, packaging, ana 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. This NPRM seeks to
more fully align the HMR with the
seventh and eighth revised editions of the UN Recommendations. These
proposed changes to the HMR wifi provide consistency with the international air and sea transport requirements which, effective January 1, 1995, will be aligned with the eighth revised edition of the UN
Recommendations. While the changes introduced in the
seventh and eighth revised editions are extensive and in some cases very detailed, some of the more significant changes are highlighted below.
Major changes in the seventh revised edition include:
--Definitions and criteria for the classification for gases were revised, three subdivisions for gases were created, and the physical states of gases were defined (e.g. liquefied gas. refrigerated liquefied gas, etc). Gases listed in the UN Recommendations were reclassified according to the agreed criteria. This effort will lead to improved harmonization of U.S. and European requirements for the classification of gases. These changes have already been incorporated in the HMR in Subpari D of Part 173.
--Training requirements similar to those introduced into Part 172 Subpart H of the HMR under Docket HM-126F. were added.
--Criteria for self-reactive substances assigned to Division 4.1 were developed. The applicable test methods and criteria for self-reactive substances are based on organic peroxide tests and criteria. New generic proper shipping names for self-reactive substances were introduced.
--A number of new "Not Otherwise Specified" (N.O.S.) proper shipping names for substances in Class 4 and Division 5.1 were introduced. Proposals for introducing the new names originated from efforts in Europe to adopt the classification criteria for Class 4 and Division 5.1 into European road and rail regulations.
--Provisions defining conditions under
which minor variations of tested design-type packagings and requirements for "V" marked packagings were added. Proposals to include these requirements originated
in the U.S. out of concern for the extent of testing that would otherwise be required to certify packagings in accordance with the UN performance
standards. These provisions have already been adopted in the HMRin
Subpart M of Part 178. Major changes in the eighth revised
edition include:
CMA 111119
Federal Register / Vol. 59, No. 136 / Monday, July 18, 1994 / Proposed Rules
36489
--Numerous additional types of _ packaging were added to the explosive packing instructions. This
was largely a U.S. initiative arising
from a concern lor the number of packagings that would otherwise have to be authorized through exemptions. --Provisions for elevated temperature
materials were added. These provisions are consistent with those adopted in the HMR under Docket HM-198A. --Criteria defining substances not able to sustain combustion were included. The criteria for flammable liquids were amended so that certain substances whkh meet the flash point criteria for flammable liquids, but which are shown to be incapable of sustaining combustion, are excepted from the Recommendations. This
proposal was originally proposed by the United Kingdom, which had similar provisions in its domestic regulations. --The criteria for corrosive substances were modified to reference the Organization for Economic Cooperation and Development test protocol for skin corrosivity and to
clarify the extent of skin damage needed for substances to be classified as corrosives. This was done in response to initial proposals by Germany and the European chemical industry. --A number of new NjO.S. proper
shipping names for substances in Class 3, Division 6.1 and Class 6 were introduced. Proposals for introducing the new names originated from efforts in Europe to adopt the classification criteria for these hazard classes into European road and rail regulations. Proper shipping names for petroleum
products also were updated as part of this effort --The Recommendations were amended
to require that a package bear labels representing each subsidiary risk of a material described using an N.O.S, proper shipping name. This
amendment was baaed on a proposal made by the United Kingdom. --The current Division 6.1 Packing Group ID label was deleted. For a more detailed discussion of the events leading to this decision, see RSPA's Notice 93-21 under Docket HM-217
published in the Federal Register on November 8,1993 (58 FR 59224), --Requirements for a freight container packing certificate were added on the basis ofa United Kingdom proposal seeking to bring the UN
Recommendations in line with the IMDG Code requirements. --A number of omctanryc meeting the
criteria of Division 6.1 Packing Group
I toxic by inhalation were reclassified based on UJS. proposals. --Provisions on the marking of steel drums used to transport dangerous goods and provisions clarifying the requirements applicable to drum reconditioners and remanu&durers were included on the basis of proposals by the international Association for Drum Reconditioners (ICDR). --Detailed test criteria for lithium batteries were added. The new provisions allow batteries with a
higher lithium content to be excepted from regulation if they meet new tests and criteria. The initial proposal on this topic was introduced by Canada. --Criteria under which air bag modules and air b^ inflators could be transported as Class 6 items were introduced. Proper shipping names for these articles were also added. These changes were mde on the basis of U.S. proposals.
With a few exceptions described in this paragraph, the following changes are proposed to ensure a basic consistency with many changes contained in the seventh and eighth revised editions ofthe UN Recommendations, the 1993-1994 and the 1995-1996 ICAO Technical Instructions, end Amendments 26 and 27 of the IMDG Code. However, proposed changes to the KEEP AWAY FROM FOOD label and placard provisions wilt be addressed in a notice of proposed rulemaking under Docket HM-217. In addition, proposed amendments to provisions for Division 6.2 materials (infectious substances) will be addressed in a separate rulemaking action under Docket HM181G. Although the eighth revised edition of the UN Recommendations adopted a quality assurance program for the manufacture of performance packagings, RSPA is not proposing a formal quality assurance program in this document- RSPA believes that periodic retest provisions in Subpart M of Part 178 offer an equivalent measure of quality assurance, but RSPA may propose adoption of a more formal quality assurance program in a future rulemalSng action. Comments are solicited on this issue.
Summary ofProposed Regulatory Changes by Section
Part 171
Section 171.7. Various standards such as those issued by the International Organization tor Standardization (ISO) and the American Society for Testing and Materials (ASTM) would be added or updated, and the most current
versions of the ICAO Technical
Instructions, the IMDG Code, and the UN Recommendations would be
incorporated. Section 171 Jt. New definitions for
''Asphyxiant gas." "Gas" and "Siftproof packaging" would be added, and
definitions for "Box." "Liquid." "Overpack" and "Solid" would be revised for consistency with the seventh and eighth revised editions of the UN Recommendations. The definition for "UN standard packaging" would be revised t^clarify that it applies to both Unmanufactured and foreignmanufactured packagings and to delete reference to Subparts L and M of Part 178.
Section 17l.ll. Paragraph (d)(5) would be revised to include the word "toxic" when referring to a poison.
Section 171.12. Paragraph (c) would be revised to clarify that this paragraph applies only to the shipment of hazardous materials through U.S. port areas in the course of being transported from one foreign country to another.
In addition, paragraph (b) would be revised for the following reasons. RSPA received three petitions for rulemaking requesting an amendment to the HMR to require a container packing certification attesting that the freight container has been properly packed, stowed, segregated and secured for transport. Those responsible for packing the unit
would be required to provide a certificate or declaration to the carrier for international transportation by vessel.
A freight container packing certification requirement was adopted several years ago under Amendment 24 to the IMDG Code and became effective worldwide on January 1.1994. as mandated under the international Convention on Safety of Life at.Sea (SOLAS Convention). When hazardous materials are packed into a freight container or transport vehicle for transportation by vessel, those responsible for packing the unit must provide a certificate or declaration to the carrier attesting that the container is suitable for transport, that it contains
compatible materials in packages that have been properly inspected, packed, and secured, and the container and packages are properly marked, labeled,
and placarded. This certification may appear either in a separate document or
in a signed statement provided on the dangerous goods shipping document
Because the U.S. is e signatory to the SOLAS Convention, petitioners urged RSPA to adopt a similar container packing certification requirement under the HMR. RSPA Is proposing to amend
171.12(b) and 176.27(c) to reference
CMA 111120
36490
Federal Register / Vol. 59, No. 136 / Monday, July 18, 1994 / Proposed Rules
Code requirements for a container packing certification for freight containers and transport units intended for carriage by vessel. A "unit" could be a freight container, van trailer, or other transport vehicle. This requirement would apply to persons who load hazardous materials for transportation (including freight forwarders, freight consolidators and non-vessel operating common carriers) or transport
hazardous materials by vessel. Section 171.14. Paragraph (c)(3)
contains provisions for intermixing old and new hazard communication requirements. Because of the October l, 1993 mandatory compliance date for new hazard communication requirements, these provisions no longer apply. Therefore, paragraph (c)(3) would be removed and reserved.
Part 172
Sections 172.101 and 172.102. RSPA is proposing to revise the Hazardous Materials Table (HMT) and the list of special provisions in 5172.102 for basic conformance with the eighth revised edition of the UN Recommendations, the ICAO Technical Instructions (19951996 edition) and the 27th edition of the IMDG Code. Under Docket HM-181, the JfMT was revised by consolidating the Existing HMT, the Optional Table in * 172.102, the UN Recommendations' List of Dangerous Goods, the ICAO Dangerous Goods List, the IMDG Code list of dangerous goods, the list of dangerous goods found in Canada's Transport of Dangerous Goods (TDG), and the IM Tank Table. The IM Tank Table, though not codified in the HMR, authorized the transport of hazardous materials in intermodal (IM) portable tanks. The Optional Table contained in the pre-HM-181 HMR was the table used for selection of proper shipping names to be used in domestic and
international transportation by vessel. RSPA consolidated the tables under
Docket HM-181 to simplify the use and reduce the volume of the HMR, as well as to align HMR hazard communication and classification requirements with the UN Recommendations. Since publication of HM-181, the UN, ICAO, and IMO have incorporated changes to their lists of dangerous goods. If RSPA does not incorporate comparable changes to the HMT, the result will be two sets of regulations (one for domestic and one for intemationid transportation)
and confusion in the regulated
community--which could result in unsafe shipments and restrictions on international trade. In addition, by not
dopting such changes, RSPA will xpend considerable resources reviewing and issuing approvals and
initiating separate rulemakings to authorize shipments prepared in accordance with the international standards.
Proposed changes to shipping descriptions are based primarily on Chapters 2 and 3 of the UN Recommendations. In turn, the changes to the IMO and ICAO lists of dangerous goods also are based on the UN Recommendations. Proposed changes include additions, deletions and
revisions of shipping names, classifications, subsidiary hazards,
labeling requirements, and packing group assignments--such as adding or changing a material's packing group. In addition, RSPA proposes to permit a special provision to be assigned to a shipping description to clarify the composition of a material described under a specific entry.
Except for certain materials, such as
elevated temperature materials and sodium batteries, proposed changes to a material's packaging authorizations are based on a material's packing group and subsidiary hazard, and physical state (solid, liquid, or gas). Packaging authorizations would be consistent with corresponding entries already appearing in the HMT. For example, the non-bulk packaging section for a Class 3, Packing Group I material would be $ 173.201. A Division 6.1, Packing Group Efi material would be assigned $ 173.153 for a possible packaging exception, while a Division 6.1, Packing Group I or 0 material would receive no packaging exception section. A Class 8, Packing Group I liquid material would be assigned $ 173.243 for bulk packaging requirements while a Class 8, Packing Group n liquid material would be assigned to $ 173.242. It is important to note that any change to a material's classification, packing group, or subsidiary hazards could have an effect on the material's packaging authorizations.
Under HM-181.IM tank authorizations were consolidated into the HMT (through the use of special provisions prefaced by a "T") and were consistent with the sixth revision of the UN Recommendations. In this notice, RSPA is proposing to revise the IM tank authorizations for consistency with the changes in Chapter 12 of the seventh and eighth revised editions of the UN Recommendations. These proposed
changes can be found in the "T-note" authorizations that are listed in Column
7 of the HMT. The aircraft quantity limitations in
Column 9 and the vessel stowage
requirements in Column 10 would be revised for consistency with the ICAO Technical Instructions and IMDG Code,
respectively. In 172.101(k)(lHk)(5),
the definitions of the vessel stowage codes, which are prescribed in the 172.101 Table, would be revised for
consistency with the IMDG Code. This proposed revision would broaden current stowage provisions for hazardous materials on cargo vessels to apply to hazardous materials (such as propane) on passenger vessels carrying
a limited number of passengers.
Changes proposed to the HMT are quite extensive--approximately 33% of
the entries in the HMT would be changed. Therefore, RSPA is publishing the entire proposed HMT in this notice,
but does not believe it is necessary to discuss every proposed change in this section review. However, in order to facilitate the reader's understanding of the changes to the HMT, RSPA is providing a list of all entries that would
be added, deleted, or made more restrictive. This list includes changes in (1) the shipping name, (2) IM tank authorization, (3) subsidiary labeling, (4) classification, and (5) packaging. In addition, a discussion of some of the more substantive changes is provided.
Many proper shipping names were added in the 1995-1996 ICAO Technical Instructions to reflect both singular and plural forms. The eighth
revised edition of the UN Recommendations added a provision allowing the use of either the singular or plural form of a proper shipping name. RSPA is not proposing to add separate entries in the HMT to indicate both the singular and plural form of a proper shipping name because 172.101(c)(1) currently permits use of either form.
Numerous editorial changes would be made to the HMT to correct misspellings and errors, and to provide more consistency. An entry having only a typographical error corrected is not
shown in the list of significant changes. Therefore, it is necessary to review the entire HMT to determine every proposed change.
Currently under the HMR. compressed and liquefied gases of the same material have the same shipping description and identification number (I.D. number). RSPA is proposing to split the generic shipping descriptions for "Compressed or Liquefied gases" into separate entries and add new generic entries and I.D. numbers for liquefied gases, consistent with the UN
Recommendations. In addition, new generic entries would be added for self heating liquids and solids. Specific entries for self-reactive materials would be removed from the HMT and replaced
with new generic entries.
CMA 111121
Federal Register / Vol. 59, No. 136 / Monday, July 16, 1994 / Proposed Rules
36491
The UN Recommendations, ICAO
Technical Instructions, and IMDG Code replaced the term "poisonous" with the
term "toxic." RSPA is proposing to amend the proper shipping names in the
HMT that contain the word "poisonous"
by replacing the word "poisonous" with
the word "toxic'' to conform to international terminology. For example, the proper shipping name "Flammable
liquid, poisonous, n.o.s." would be revised to read "Flammable liquid, toxic, n.o.s.". However, 172.101(c)(3) would- be revised to allow the use of the word "poisonous" interchangeably with the word "toxic".
The words "inorganic" and "organic"
would be added to certain generic shipping descriptions. Comments are
invited regarding the safety benefits of these modified descriptions, and as to whether there is a need for domestic exceptions. In addition, RSPA is proposing to add new generic entries for a corrosive material to indicate whether
the material is "basic" or "acidic." RSPA also is proposing to add new entries, as adopted in the UN
Recommendations, for solid materials containing flammable, corrosive, or toxic liquids.
The eighth revised edition of the UN Recommendations added entries and assigned new UN I.D. numbers for elevated temperature materials. RSPA is proposing to change the I.D. numbers for elevated temperature materials in-the HMT to correspond with those in the UN Recommendations.
Currently under the HMR. air bags are assigned to the Division 4.1 hazard class and the proper shipping name is limited to "Air bag inflators" or "Air bag modules." Based on changes in the UN Recommendations, RSPA would revise the proper shipping name for air hags to include seat belt pre-tensioners and modules. The new proper shipping name would be "Air bag inflators or Air bag modules or Seat-belt modules or Seat-belt pre-tensioners." This entry also would reflect a change in classification from Division 4.1 to Class 9, adoption of a new UN number, and removal of the "D" in Column 1.
Two new domestic entries would be
added for "Toy caps" and `Toy propellant devices". Toy propellant
devices containing 30 grams or less propellant would be classed as Division
1.4S while items containing more than 30 grams but not more than 62.5 grams
would be classed as Division 1.4C. Two new entries for "Batteries,
containing sodium" and "Cells, containing sodium" would be added in
the HMT based on the UN Recommendations entry (UN 3292).
Since these materials were previously authorized only under the terms of an exemption or competent authority approval. RSPA is proposing to add a new packaging section 173.189 that prescribes general packaging and
transport requirements for these materials consistent with the UN Recommendations.
Currently, in Column 1. a "+'' is assigned to certain materials meeting the criteria of Division 6.1, Packing Group I. toxic by inhalation, but classed in another hazard class. The eighth revised edition ofthe UN
Recommendations incorporated revisions to the hazard classification of these materials to Division 6.1, Packing Group I, toxic by inhalation. Therefore, the "+" would be removed from Column 1 for any liquid poison by inhalation (PIH) material newly clamed in Division 6.1, Packing Group L
The shipping name "acetonitrile" is proposed to replace the name "methyl cyanide." The hazard class for "Formaldehyde solutions" currently shown as Class 9 would be revised to Class 8. Numerous generic pesticide entries would be revised to remove the "jlojc" from the shipping names.
Previously under tire UN Recommendations, ICAO Technical Instructions, and the IMDG Code, a subsidiary hazard of Division 6.1, Packing Group ID was not recognized. However, the international standards
now take such a subsidiary hazard into account. Therefore, numerous entries would appear for the first time with a Division 6.1, Packing Group DI subsidiary hazard. In addition, an
exception in 172.l01(c)(12)(iii), which allows a subsidiary hazard of Division 6.1, Packing Group DI to be disregarded when selecting a proper shipping name;
would be removed. Revised generic shipping descriptions
for Division 4.3 materials would be prefaced by the words "water-reactive" in lieu of the words "substances which in contact with water emit". The prefix of the identification number for "Polyester resin kits" would be changed to "UN" from "NA" and a special provision "40" would be added in Column 7 that would specify contents and packaging requirements for polyester resin kits. In addition. Special Provision "117" would be removed from the entry corresponding to "UN
0150." The entry for alcoholic beverages
would be revised in Column 7 to include Special Provision "24", which would indicate that alcoholic beverages with more than 70 percent alcohol by volume would be assigned Packing Group D and alcoholic beverages containing more than 24 percent but not more than 70 percent alcohol would be assigned Packing Group m. In addition. 173.150 would be revised to increase (to five liters per inner packaging) the quantity of alcoholic beverage in a packaging excepted from the HMR and to provide an exception adopted in the
Packing Group ID alcoholic beverages transported in receptacles of 250 L (66 gallons) or less to be excepted from the HMR unless transported by air.
The following tables identify those entries that would be: (1) deleted; (2) significantly changed; or (3) added. An entry is considered significantly changed if there is a change in (1) the shipping name. (2) LM tank authorization, (3) subsidiary labeling, (4) classification, or (5) packaging. Each entry is identified by its identification number which, along with the crossreference table appearing in the HMR prior to the HMT, can be used to identify the affected entries. Unless otherwise indicated, the identification numbers are "UN" numbers:
list of Entries That Would Be Deleted From the 172.101 Table
NA2255* NA2810NA2811*
0273 0274
0416
me
1255 1256
1257
'Sm w> my adort w <a* UN <
1270 1271 1564 1592 1703
1705 1884
2207
2229 2449
2497 2563 2860 2951-2955 2970-2973
3030-3043 NA92S9* NA9276*
CMA 111122
36492
Federal Register / Vol. 59, No. 136 / Monday, July 18, 1994 / Proposed Rules
List of Entries That Would Be Significantly Changed
NA1760 NA1986
NA2922 1106 1125 1135 1143 1154 1158 1160 1162 1167 1198 1202 1210 1214 1221 1228 1235 1265 1268 1274 1277 1282 1289 1296 1297 1298 1308 1310 1320 1321
1322 1325 1328 1334 1336 1337 1344
1348 1349 1350 1353 1354 1355 1356 1357 1361 1364 - 1373 1378 1395 1402 1408 1409 1415 1418 1420 1428 1454
1455 1458 1459 1462
1474
1475 1477
1481 1482 1483 1489 1502 1506 1508 1511 1517 1549 1564 1566 1570 1588 1589 1590 1599 1601 1602 1605 1613 1614 1648 1660 1708 1715 1719 1722 1724
1731 1740 1747 1750
1751 1752 1755 1757
1761 1773
1783 1787
1788 1789 1809
1811 1814
1816 1819 1824 1888 1908 1922
1952 1953 1954 1955 1956 1975 1986 1988 1992
2006 2022
2029 2047
2051 2076 2189 2194
2195 2196 2198 2206 2209 2211 2218 2219 2232 2242 2251 2257 2258 2260 2264 2267 2270 2276 2332 2337 2343 2351 2359 2361
2379
2382 ' 2383
2386 2389 2399 2401 2407 2417 2418 2420 2421 2427 2428 2429 2430 2438 2445 2461 2478 2482 2484 2485 2495 2501 2502 2517 2621 2526 2529 2530 2533
2534 2557 2564 2571
2583 2584 2585 2586 2604
2606 2610 2616 2619 2626 2670 2677 2679 2681 2684 2693 2733 2734
2735 2741 2742 2757-2787
2789 2796 2801 2810 2813 2817
2818 2821 2823 2826 2834 2837 2841 2845 2846 2857
2869 2874 2881
2904-2905 2921-2930 2938 2945-2946 2965 2985-2988 2991-3021 3024-3027 3049-3050 3065-3066 3071 3079 3084 3086-3088 3094
3096 3098-3100 3119-3150
List of additions to the 172-101 Table
list of Additions to the 172.101 Table--Continued
List of Additions to the 172.101 Table--Continued
UN
SHIPPING NAME
UN t
SHIPPING NAME
UN*
SHIPPING NAME
0491 .. 0492 ..
0493 ..
0494 ..
0495.. 0496 .. 0497 .. 0498 0499.. 1851 .. 1990 .. 3155.. 3156 ..
3157 ..
3158 ..
3159 .. 3160 ..
3161 ..
3162 .. 3163.. 3164 -
charges, PROPELLING. SIGNALS, RAILWAY TRACK, EX
PLOSIVE.
SIGNALS, RAILWAY TRACK, EX PLOSIVE.
JET PERFORATING GUNS, CHARGED, oil well, without deto nator.
PROPELLANT, LIQUID.
OCTONAL PROPELLANT, LIQUID. PROPELLANT. SOLID.
PROPELLANT, SOLID.
MEDICINE, LIQUID, TOXIC. N.O.S. BENZALDEHYDE.
pentachlorophenol
COMPRESSED GAS. OXIDIZING, N.O.S.
LIQUEFIED GAS, OXIDIZING, N.O.S.
GAS. REFRIGERATED LIQUID, N.O.S.
1,1. U-TETRAFLUOROETHANE. LIQUEFIED GAS, TOXIC, FLAM
MABLE, N.O.S.
LIQUEFIED GAS. FLAMMABLE, N.O.S.
LIQUEFIED GAS, TOXIC, N.O.S. LIQUEFIED GAS, N.O.S. ARTICLES, PRESSURIZED PNEU
MATIC or HYDRAULIC (containing non-flammable gas).
3166..
3167 ..
3168 ..
3169..
3170 .. 3171 ..
3174 .. 3175 .. 3176.. 3178.. 3179.. 3180.. 3181 .. 3182.. 3183..
ENGINES. INTERNAL COMBUS TION, inducing when fitted in ma
chinery or vehicles.
GAS SAMPLE. NON-PRESSUR-
IZED, FLAMMABLE, N.O.S., not
refrigerated fiqukl
GAS SAMPLE, NON-PRESSUR-
IZED, TOXIC. FLAMMABLE, N.O.S., not refrigerated liquid.
GAS SAMPLE, NON-PRESSUR-
IZED. TOXIC, N.O.S.. not refrig
erated fiquid
ALUMINIUM PROCESSING BY
PRODUCTS.
BATTERY-POWERED VEHICLE or
BATTERY-POWERED MENT (wet battery).
EQUIP
TITANIUM DISULPHIDE.
SOLJDS CONTAINING FLAMMABLE
LIQUID, N.O.S.
FLAMMABLE SOUD, ORGANIC. MOLTEN, N.O.S.
FLAMMABLE SOLID, INORGANIC. N.O.S.
FLAMMABLE SOUD. TOXIC. INOR GANIC, N.O.S.
FLAMMABLE SOUD, CORROSIVE,
INORGANIC, N.O.S.
METAL SALTS OF ORGANIC COM
POUNDS, FLAMMABLE, N.O.S.
METAL HYDRIDES. FLAMMABLE,
N.O.S.
SELF-HEATING UQUID, ORGANIC,
N.O.S,
3184 .. 3185 .. 3186 .. 3187 .. 31883189 .. 3190 .. 3191 .. 3192 .. 3194 .. 3200.. 3203.. 3205.. 3206..
3207 ..
SELF-HEATING LIQUID, TOXIC.
ORGANIC, N.O.S.
SELF-HEATING LIQUI0, CORRO
SIVE. ORGANIC, N.O.S.
SELF-HEATING LIQUID, INOR
GANIC, N.O.S.
SELF-HEATING LIQUID, TOXIC, IN
ORGANIC, N.O.S.
SELF-HEATING LIQUID, CORRO
SIVE. INORGANIC, N.O.S.
METAL POWDER, SELF-HEATING,
N.O.S.
SELF-HEATING SOLID, INOR
GANIC. N.O.S.
SELF-HEATING SOUD, TOXIC, IN
ORGANIC, N.O.S.
SELF-HEATING SOLID, CORRO
SIVE, INORGANIC, N.O.S.
PYROPHORIC UQUID, INOR
GANIC, N.O.S.
PYROPHORIC SOLID. INORGANIC,
N.O.S.
PYROPHORIC ORGANOMETALLiC
COMPOUND, N.O.S.
ALKAUNE
EARTH
METAL
ALCOHOLATES, N.O.S.
ALKAU METAL ALCOHOLATES.
SELF-HEATING, CORROSIVE.
N.O.S.
ORGANOMETALUC COMPOUND
or COMPOUND SOLUTION or
COMPOUND
DISPERSION.
WATER-REACTIVE,
FLAM
MABLE, N.O.S.
CMA 111123
Federal Register / Vol. 59, No. 136 / Monday, July 18, 1994 / Proposed Rules
36493
List cf Additions to the 172.101 Table--Continued
List of additions to the 172.101 Table--Continued
List of Additions to the 172.101 Table--Continued
UN#
SHIPPING NAME
UN#
SHIPPING NAME
UN#
SHIPPING NAME
3208 ..
3209 ..
3210 ..
3211 ..
3212 ..
3213 ..
3214 ..
3215 ..
3216 ..
3217 ..
3218 ..
3219 ..
3220 .. 3221 .. 3222 .. 3223 .. 3224 .. 3225 .. 3226 .. 3227 .. 3228 .. 3229 .. 3230 .. 3231 ..
3232 ..
3233 ..
3234 ..
3235 ..
3236 ..
3237 ..
3238 ..
3239 ..
3240 ..
3241 ..
3242 .. 3243 ..
3244 ..
3246 .. 3247 ..
3248 ..
3249 .. 3250.. 3251 ..
METALLIC SUBSTANCE, WATER-
REACTIVE, N.O.S.
METALLIC SUBSTANCE, WATER-
REACTIVE,
SELF-HEATING,
N.O.S,
CHLORATES, INORGANIC, AQUE
OUS SOLUTION, N.O.S.
PERCHLORATES, INORGANIC,
AQUEOUS SOLUTION, N.O.S.
HYPOCHLORITES, INORGANIC,
N.O.S.
BROMATES, INORGANIC, AQUE
OUS SOLUTION, N.O.S.
PERMANGANATES, INORGANIC,
AQUEOUS SOLUTION, N.O.S.
PEFiSULPHATES,
INORGANIC.
N.O.S. PERSULPHATES,
INORGANIC,
AQUEOUS SOLUTION, N.O.S.
PERCARBONATES. INORGANIC,
N.O.S.
NITRATES, INORGANIC, AQUE
OUS SOLUTION, N.O.S. NITRITES, INORGANIC, AQUEOUS
SOLUTION, N.O.S.
PENTAFLUOROETHANE.
SELF-REACTIVE LIQUID TYPE B.
SELF-REACTIVE SOLID TYPE B.
SELF-REACTIVE LIQUID TYPE C.
SELF-REACTIVE SOLID TYPE C.
SELF-REACTIVE LIQUID TYPE D.
SELF-REACTIVE SOLID TYPE D.
SELF-REACTIVE LIQUID TYPE E.
SELF-REACTIVE SOLID TYPE E. SELF-REACTIVE LIQUID TYPE F.
SELF-REACTIVE SOLID TYPE F.
SELF-REACTIVE LIQUID TYPE B.
TEMPERATURE CONTROLLED.
SELF-REACTIVE SOLID TYPE B,
TEMPERATURE CONTROLLED.
SELF-REACTIVE LIQUID TYPE C,
TEMPERATURE CONTROLLED.
SELF-REACTIVE SOUD TYPE C,
TEMPERATURE CONTROLLED.
SELF-REACTIVE LIQUID TYPE D,
TEMPERATURE CONTROLLED.
SELF-REACTIVE SOUD TYPE D,
TEMPERATURE CONTROLLED.
SELF-REACTIVE LIQUID TYPE E,
TEMPERATURE CONTROLLED.
SELF-REACTIVE SOUD TYPE E,
TEMPERATURE CONTROLLED.
SELF-REACTIVE LIQUID TYPE F,
TEMPERATURE CONTROLLED.
SELF-REACTIVE SOUD TYPE F,
TEMPERATURE CONTROLLED.
2-BROMO-2-NITROPROPANE-1.3-
DIOL.
AZODICARBONAMIDE. SOLIDS CONTAINING TOXIC UQ-
UID, N.O.S.
SOLIDS CONTAINING CORROSIVE
UQUID, N.O.S.
METHANESULPHONYL CHLORIDE.
SODIUM PEROXOBORATE, ANHY
DROUS.
MEDICINE, LIQUID, FLAMMABLE,
TOXIC, N.O.S.
MEDICINE, SOUD, TOXIC, N.O.S.
CHLOROACETIC ACID, MOLTEN.
ISOSORBIDE-5-MONONITRATE.
3252 .. 3253 .. 3254 .. 3255 .. 3256 ..
3257 ..
3258 ..
3259 ..
3260 .. 3261
3262 .. 3263 .. 3264 ..
3265 .. 3266 .. 3267 ..
3268 ..
3269 .. 3270 ..
3271 .. 3272 .. 3273 .. 3274 ..
3275 .. 3276 .. 3277 ..
3278 .. 3279 ..
3280 .. 3281 .. 3282 ..
3283.. 3284 .. 3285 .. 3286 .. 3287.. 3288.. 3289-
3290..
DIFLUOROMETHANE.
DISODIUM
TRIOXOSILICATE,
PENTAHYDRATE.
TRIBUTYLPHOSPHANE.
tert-BUTYL HYPOCHLORITE.
ELEVATED TEMPERATURE LIQ
UID, N.O.S. with flash point above
37.8 "C, at or above its flash point
ELEVATED TEMPERATURE LIQ
UID, N.O.S., at or above 100 4C
and below its flash point.
ELEVATED TEMPERATURE SOLID,
N.O.S., at or above 240 'C.
AMINES. SOLID, CORROSIVE,
N.O.S. or POLYAMINES, SOLID,
CORROSIVE, N.O.S.
CORROSIVE SOLID, ACIDIC, IN
ORGANIC, N.O.S. CORROSIVE, SOLID, ACIDIC, OR
GANIC. N.O.S.
CORROSIVE, SOLID, BASIC, INOR
GANIC, N.O.S. CORROSIVE, SOLID, BASIC, OR
GANIC, N.O.S. CORROSIVE, LIQUID, ACIDIC, IN
ORGANIC, N.O.S. CORROSIVE. LIQUID, ACIDIC, OR
GANIC, N.O.S.
CORROSIVE, LIQUID, BASIC, IN
ORGANIC, N.O.S. CORROSIVE. LIQUID, BASIC, OR
GANIC. N.O.S.
AIR BAG INFLATORS or AIR BAG
MODULES or SEAT-BELT PRE-
TENSIONERS or SEAT-BELT
MODULES.
POLYESTER RESIN KIT.
NITROCELLULOSE MEBRANE FIL
TERS.
ETHERS, N.O.S.
ESTERS, N.O.S.
NITRILES, FLAMMABLE, TOXIC,
N.O.S.
ALCOHOLATES SOLUTION, N.O.S.,
in alcohol.
NITRILES, TOXIC, FLAMMABLE,
N.O.S.
NITRILES, TOXIC, N.O.S. CHLOROFORMATES, TOXIC. COR
ROSIVE, N.O.S.
ORGANOPHOSPHORUS
COMPOUND, TOXIC N.O.S.
ORGANOPHOSPHORUS
COMPOUND, TOXIC, FLAM
MABLE, N.O.S.
ORGANOARSENIC COMPOUND,
N.O.S.
METAL CARBONYLS, N.O.S.
ORGANOMETALUC COMPOUND,
TOXIC N.O.S.
SELENIUM COMPOUND, N.O.S.
TELLURIUM COMPOUND. N.O.S.
VANADIUM COMPOUND, N.O.S.
FLAMMABLE UQUID, TOXIC, COR
ROSIVE, N.O.S.
TOXIC UQUID, INORGANIC, N.O.S.
TOXIC SOLID. INORGANIC, N.O.S.
TOXIC UQUID, CORROSIVE, IN
ORGANIC, N.O.S.
TOXIC SOUD, CORROSIVE, INOR
GANIC, N.O.S.
3292.. 3293 .. 3294 .. 3295 .. 3296.. 3297 ..
3298 ..
3299 ..
3300 .. 3301 ..
BATTERIES. CONTAINING SO
DIUM, or CELLS, CONTAINING
SODIUM.
HYDRAZINE. AQUEOUS SOLU
TION with not more than 37% hy
drazine, by mass.
HYDROGEN CYANIDE, SOLUTION
IN ALCOHOL with not more than
45% hydrogen cyanide.
HYDROCARBONS, LIQUID, N.O.S.
HEPTAFLUOROPROPANE.
ETHYLENE OXIDE AND CHLO-RO-
TETRAFLUOROETHANE MIX
TURE with not more than 8.8%
ethylene oxide.
ETHYLENE
OXIDE
AND
PENTAFLUOROETHANE MIX
TURE with not more than 7.9%
ethylene oxide.
ETHYLENE
OXIDE
AND
TETRAFLUOROETHANE MIX
TURE with not more than 5.6%
ethylene oxide.
ETHYLENE OXIDE AND CARBON
DIOXIDE MIXTURE with more
than 87% ethylene oxide.
CORROSIVE LIQUID, SELF-HEAT
ING, N.O.S.
Appendix B to 172.101. In a November 5,1992 final rule entitled "Marine Pollutants" [57 FR 52934], RSPA stated that it would consider, in a future rulemaking action, a criteriabased system to identify marine pollutants. Adoption of a criteria-based system would provide continuity and harmony, as well as permit
identification of potential pollutants previously not identified. Therefore, RSPA is proposing to add two notes which are consistent with recent IMO decisions. The first. Note 4, would allow a material meeting criteria for a marine
C" tant in the IMDG Code but not in Appendix B of 172.101, to be transported as a marine pollutant. Note 5 would allow the Associate Administrator for Hazardous Materials Safety to except from HMR requirements a material listed in Appendix B of the HMR that does not meet the IMDG Code criteria for a marine pollutant. In addition, a number of materials would be added to, or removed from, the HMR's List of Marine Pollutants.
Section 172.102. Special Provisions 23, 24, 26, 32,34-40, and 43-51 would be added to $ 172.102. These special provisions relate to certain materials' classifications and any special packaging requirements that are necessary to safely transport these materials. Due to an oversight. Special Provision 23 was already added in a
CMA 111124
36494
Federal Register / VoL 59, No. 136 / Monday, July 16, 1994 / Proposed Rules
final rule published June 2,1994
(Docket HM-166Z; 59 FR 28493}. This
E'al provision concerned fication of anunoniuin nitrate
fertilizer. Special Provision 23 in this
notice does not apply to ammonium
nitrate fertilizer and is not intended to
revise the recently adopted Special
Provision 23. However, because of a
time constraint and the difficulty in
unending Column 7 of the HMT, the
new provision will be proposed in this
notice under Special Provision 23, but
will be renumbered to Special Provision
38 in the final rule under Docket HM--
Z15A.
Section 172.203. A new paragraph (o)
would be added to require additional
information to be included in the
shipping paper description for organic
peroxides and self-reactive materials. In
addition, paragraphs (k) and (m) would
be revised based on changes to the
HMT. In paragraph (k), tire list of
shipping names requiring technical
names would be revised based on
changes to the HMT. In paragraph (m),
the reference to "Poison" would be
modified to include an alternative
reference to "Toxic."
Section 172204. The certification
statement in paragraph (a)(2) would be
revised to add "placarded" as a
condition for declaring a shipment to be
properly prepared for transportation:
I This wording is consistent with
international declarations and would
enable one shipper certification
statement to be used for both domestic
and export shipments so that different
' preprinted forms are not needed.
| Section 172320. Section 172.320
| would be revised to permit all product
codes that are traceable to an "EX-
number" to be marked an boxes of
explosives in lieu of the EX number.
Section 172.400a. A new paragraph
(c) would be added to state that a
subsidiary POISON label is not required
on a package bearing a primary
CORROSIVE label if the poison hazard
of the material inside is based solely on
corrosive destruction of tisane and is not
due to systemic poisoning. This
provision was omitted inadvertently in
the Docket HM-181 final rale, and
reinstating it would be consistent with
international requirements.
Section 172.402. For consistency with
revisions to the UN Recommendations,
ICAO Technical Instructions, and the
IMDG Code, labeling for certain
subsidiary hazards would be required.
The subsidiary
table in
paragraph (a)(2) would be revised to
exclude Qasa 3 Puking Gimp ID
subsidiary risk mstarials having s flash
point at or above 3* *C (100 *F) from the
requirement to label, except when
transporting the materials by air or vessel. This proposed revision would require that a material having a subsidiary risk of Class 3 Packing Group III and a flash point below 38 T?{10Q F) be labeled for the Class 3 subsidiary hazard in accordance with this section. In addition, the exception from subsidiary hazard labeling for Class 8 Packing Group IQ and Division 6.1 Packing Group IU materials transported by highway or rail would be removed. Previously, a Division 6.1 Packing Group m subsidiary hazard was not required internationally or domestically. Based on a change adopted in the eighth revised edition of the UN Recommendations, which removed the STOW AWAY FROM FOODSTUFFS label and placard, packages containing materials having either a primary or subsidiary hazard in Division 6.1 Packing Group HI areraquired to bear a POISON label. As noted previously in this document, RSPA is addressing this issue in a rulemaking action under Docket HM-217. However, RSPA believes that a package containing a material meeting Division 6.1 Packing Group HI criteria as either a primary or subsidiary hazard should bear a label which communicates a waning that the material must be kept separate from foodstuffs. Therefore, RSPA is proposing that any material having a subsidiary hazard of Division 6.1 Packing Group ID must bear a KEEP AWAY FROM POOD subsidiary label when transported domestically by any mode. Also, new subsidiary labeling requirements for Class 2 materials would, under this proposal, be added as paragraphs (f) and (g).
Section 172.411. A requirement specifying a minimum height for the compatibility group letter an certain EXPLOSIVE labels would be removed.
Section 172.416. Section 172.416 would be revised to allow the use of the words "TOXIC GAS" on the POISON GAS labeL
Section 172.430. Section 172.430 would be revised to allow tbe use of the word `TOXIC" on the POISON label.
Section 172340. Section 172.540 would be revised to allow tbe use of tbe words "TOXIC GAS" an tbe POISON GAS placard.
Section 172.547. Section 172.547 would be revised to reduce the size requirement for the word
"spontaneously" In the "SPONTANEOUSLY COMBUSTIBLE" placard from 25 mm to 12 mm.
Section 172354. Section 172.5S4 would be revised to allow the use ofthe word "TOXIC" on tile POISON placard.
Part 173
Section 173.2a. Consistent with the UN Recommendations, the Precedence of Hazards Table would be amended to account for combinations of Division 4.2 and Class 8 materials which currently are denoted as impossible combinations. In addition, a new footnote 5 would be added to the paragraph (b) table to specify that, far materials having multiple risks which are not listed by technical name in the $ 172.101 Table, the most stringent packaging group must be used. Also, a note would be added to the paragraph (b) table to specify the class assignment for a material which meets the definition of Class 8, has an inhalation toxicity by dusts and mists at the Packing Group I level and meets criteria for oral or dermal toxicity.
Section 173.21. A reference to the 173.224 self-reective materials table would be revised to reflect proposed changes to tbe table.
Section 173.22. Paragraph (aK3)fi) would be revised to indicate that the marking appearing on the bottom of a metal or plastic drum in accordance with $ 178.503 would not be an acceptable means of determining if tbe drum is an authorized packaging.
Section 173.24. Paragraph (d) would be revised to specify the conditions under which foreign-manufacturad packaging* may be used. The proposed revision would stipulate the conditions under which foreign-manufactured UN packagings may be filled and used in the U.S. Under this proposal, only packagings from countries affording tbe same degree of acceptance to U.S.manufactured packagings may be used. Current provisions of the regulations authorize their use only for import/ export shipments under 171.11 and 171.12. In addition, paragraph (e)(4)(ii) would be revised to prohibit hazardous materials from being packed or mixed with other harardous or nonhazardous materials in the same outer packaging if such materials are capable of reacting with each other and causing the evolution of "asphyxiant gases."
Section 173.25. Paragraph (a) would be amended to refer to the definition of "Overpack" in 171.8. which also would be amended to provide examples of suitable overpacks. Paragraph (b) would be added to authorize shrinkwrapped or stretch-wrapped trays as outer packagings for inner packagings prepared under limited quantity or cansnmer commodity proviskms if the completed package is capable of meeting the Packing Group HI performance level and the grosa weight
of the package does not exceed 20 kg.
CMA 111125
Federal Register / Vol. 59, No. 136 V Monday, July 18. 1994 / Proposed Rules
36495
Section 173.28. Paragraph (b)(4), as revised under the Docket HM-181 final rule, currently requires that metal and
plastic single packagings meet certain minimum thicknesses and that the "minimum" thickness he marked on the
package. Since issuance of the Docket
HM-181 final rule, the eighth revised edition of the UN Recommendations and the international regulations have adopted a provision that metal drums with a capacity greater than 100 liters must be marked in accordance with
tolerances allowed under ISO standard 3574 for each nominal thickness of
steel. Unless the below-described proposed
changes to 173.28 are adopted, thicknesses and thickness marking requirements that differ between the HMR and international regulations could result in confusion, with drum users and reconditioners unsure whether drums are suitable for reuse or remanufacture. Drum manufacturers in the U.S. might find it necessary to mark both minimum and nominal thicknesses on each drum in order to satisfy DOT and international requirements. Consistent with changes proposed in 178.503(a), RSPA is proposing that metal drums and jerricans which are to be reused be marked with the nominal thickness, in millimeters. The minimum thickness table in paragraph (b)(4) would be revised for metal drums and jerricans to reflect a minimum thickness corresponding to the minimum allowed under ISO standard 3574 for various nominal thicknesses. In developing the minimum thickness proposed for each listed capacity of packaging, the thickness chosen is that most closely corresponding numerically (i.e., without . regard to whether it is thicker or thinner) to the minimum thickness previously required. That is, based on the tolerances allowed under ISO 3574 for each nominal thickness of steel, the minimum thickness corresponding to that nominal thickness was determined and compared to the minimum thickness required under the current provisions for the given capacity of packaging. Each proposed minimum thickness would result in a minimum sheet thickness closely corresponding to that required under the current regulations. However, for packagings with a capacity up to and including 120 liters, the proposed minimum thicknesses would result in slight increases in the required thickness.
Drums would continue to be suitable for reuse only if they meet the minimum thickness criteria of the table in paragraph (b)(4). A person reusing a
metal drum or jerrican could not rely on the thickness marking appearing on the
packaging to satisfy the minimum thickness requirements, since that marking would represent the nominal, rather than the minimum, thickness in
accordance with proposed 178.503(a)(9). Because the eighth revised edition of the UN Recommendations did not address thickness requirements for plastic packagings, RSPA is not proposing any changes to the thickness requirements for plastic packagings.
Based on the merits of a petition for rulemaking (P-1133), a new paragraph (b)(7) would be added to waive retesting requirements for certain packagings used in limited operations prior to each reuse. The petitioner states that this proposed change would provide consistency with corresponding provisions in international requirements. According to both the HMR and the UN Recommendations, a packaging must be design-qualification tested before use. However, unlike the HMR, the UN Recommendations do not require a packaging to be leakproof tested before it is reused for transport, but only after it is reconditioned. Packagings that are reused without reconditioning include metal drums that are refilled with the same or similar compatible contents and transported within distribution chains controlled by the consignor of the product. RSPA is proposing similar provisions in new paragraph (b)(7) for certain packagings to be reused without leakproof testing. Packagings would be limited to stainless steel, monel, or nickel drums (or other packagings approved by the Associate Administrator for Hazardous Materials Safety) refilled with the same or similar compatible contents and transported by a private carrier, contract carrier, or common carrier in a transport vehicle or freight container used exclusively for such service, within a distribution chain controlled by the offeror. In order to ensure an appropriate level of safety, when stainless steel, monel, or nickel drums are reused without undergoing leakproof testing, they would be required to meet more stringent thickness standards than prescribed in paragraph (b)(4). Other packagings could qualify only if approved by the Associate Administrator for Hazardous Materials Safety. Packagings also would require an inspection prior to each reuse, and any packaging showing evidence of a reduction in integrity would not be authorized for reuse without reconditioning.
Section 173.33. Paragraph (c)(5) would be revised to limit the provisions of the paragraph to materials in Packing Groups I and II of Division 6.1.
Section 173.S2. In 173.52, the description of Compatibility Group B would be revised to clarify that detonators and similar articles are included within this description even if they do not contain primary explosives. In addition, in the descriptions for Compatibility Groups E and F, the word "gel" would be added to clarify that articles with a propelling charge containing gel may not be classified in Compatibility Group E or F.
Section 173.59. In 173.59, the definitions "powder, smokeless," "propellants," and "charges, propelling" would be revised and definitions for "charges, propelling for
cannon," "propellent, liquid," and "propellant, solid" would be added.
Section 173.60. In 8173.60, paragraph (b)(15) would be added to require all plastic packagings to be static-resistant.
Section 173.62. In 173.62, the Explosives Table would be revised to add new descriptions for Class 1 materials. In addition, the packing method for UN0075 and UN0143 would be revised to E-159. The Table of Packing Methods would be editorially revised to change the reference to steel and aluminum boxes from 4A1 or 4A2 and 4Bl or 4B2 to 4A and 4B, respectively. Several packing methods would be revised by authorizing aluminum boxes (4B) as an alternate packaging. For clarity, the entire proposed Explosive Packing Methods Table has been reprinted with the Table of Particular Packaging Requirements and Exceptions following. Paragraph (e) would be revised to update the military packaging exception to allow explosives
packaged prior to January 1,1990, to be transported in accordance with the packaging provisions in effect on that date.
Section 173.115. The definition of a Division 2.2 gas would be expanded to include asphyxiant and oxidizing gases.
Section 173.120. Definitions for Class 3 liquids would be revised to include
provisions for evaluating a material's ability to sustain combustion and to measure flame point. A new method of
testing for combustibility would be
referenced and added as Appendix H to Part 173. Specific exceptions consistent with the UN Recommendations would be added as paragraphs (a)(3), (a)(4), and (a)(5). In addition, references to ASTM standards would be revised to reflect updated versions. Paragraph (b)(2) would be revised to clarify that an
elevated temperature material in Class 3 may not be reclassed as a combustible liquid. As explained more fully in a
notice of proposed rulemaking and in a final rule issued under Docket HM198A (54 FR 38931; September 21,1989
CMA 111126
36496
- federal Register /. VqI. 59, No. 136 / Monday, July IB, 1994 f Proposed Rules
and 56 FR 49981; October 2.19911,
when liquid is intentionally heated to a temperature that is equal to or greeter than its flash point, flammable vapors are produced above the liquid. If these flammable vapors are exposed to an ignition source, an explosion or fire could result.
Section 173.121. Criteria for including viscous Class 3 materials in Packing Group in would be revised. ISO method ISO 1523-1983 would be referenced for
determination of flash point Several modifications to the method would be provided when the temperature of the flash point is too low for the standard procedures. Reference to ISO method 2431-1989 would reflect the latest
revision. The table in 173.121(bMl)fiW would be amended for consistency with the eighth revision of the UN Recommendations.
Section 173.124. The definition of self-reactive materials would be revised to conform to the changes in the UN
Recommendations, which now contains "generic" shipping descriptions. When a new self-reactive material is introduced into commerce, its transportation hazards currently are determined based an standard tests. The competent authority then assigns the new self-reactive material to a generic type baaed an the test results.
in the proposed revision to $ 173.124, seven types of self-reactive material (Types A-G) are defined in paragraph (a)(2). The procedure hr assigning a specific self reactive material to a
generic type is set forth in paragraph feM2Kvi). If a self-reactive material is
identified by technical name in the Salt Reactive Materials Table in $17X22*, the generic type is assignedin that Table. The lengthy process by which importing and exporting countries agree on the packaging requirements or assignment of a shipping description for a new self-reactive material would be avoided by using this procedure:
Section 173.128. Editorial changes would be made in paragraphs (a), (c)(2) and (c)(3). and procedures farobtaining approvals would be clarified in revised paragraph (d).
Sections 173.136 and 172237. The definition and packing group
assignment for Class 8 materials would be aerified. Specific test protocols developed by the Organisation far Economic Cooperation and Development (OECD) and published in
the 1992 OECD Gttidcffine farTeriing of Chemicals, No. 404, "Acute Dermal Irritation/Corrosion" would be incorporated. A copy of this guidehue may be obtained from the OECD
Publications and information Center,
2001L Street, Suite 700, Washington,
DC 20036 or by contacting the RSPA
Dockets Unit. Section 173.150. Paragraph (a) would
be revised to allow Class 3 materials
that meet the definition of Class 8 Packing Group m or Division 6.1
Packing Group III, to utilize limited quantity exceptions provided in this section. Paragraph (b) would be expanded to include limited quantity exceptions for combustible liquids to
provide relief from specification packaging and placarding requirements for combustible liquids which are also hazardous substances or hazardous wastes. The paragraph (d) provisions for alcoholic beverages would be revised to clarify that an alcoholic beverage containing 24 percent or less alcohol by volume is not subject to the HMR. The maximum quantity pm package of
alcoholic beverage excepted from the HMR would be raised from four litres to five liters, and a Packing Group IQ alcoholic beverage in a packaging of 250 L or less would not be subject to the HMR unless transported by air.
Section 173252. Hie limited quantity provisions for organic peroxides would be amended by increasing the authorized net capacity per inner packaging for type D, E, or P liquid and solid organic preoxides and Type B or C solid organic peroxides. However, the authorized net capacity for liquid Type B or C organic peroxides would decrease from 30 ml to 25 ml per inner packaging.
Section 173.164. Certain exceptions for mercury (metallic and articles containing mercury), would be clarified and a 4H2 solid plastic box would be authorized as an outer packaging, consistent with the ICAO Technical Instructions.
Section 173.166. This section would
be amended to limit its applicability to air beg inflatms and modules showing certain specified results when subjected
to a bonfire test. Under this proposed revision, airbag modules and infletors not meeting the test criteria must be transported as explosives.
Section 173.168. This section would be added to define a "nonspillable battery", establish separate
requirements far noturpifleble batteries (as opposed to the requirements for wet
batteries contained in $ 173.159), and provide vibration and pressure
differential testing criteria. Except where transporting a wheelchair or other
battery-powered mobility aid equipped with a non-spifieble buttery by airas checked baggage, a nonspiliable battery which is protected against abort circuits,
securely packaged and durably marked would not be subject to any other HMR
requirements.
Section 173.171. Paragraph (a) would
be revised to clarify that smokeless powder must bo examined and
approved as both Division 1.3 and Division 4.1.
Section 173.185. RSPA is proposing to amend the requirements for lithium
batteries consistent with changes in the UN Recommendations. While the new requirements apply more severe test requirements to lithium batteries, they
also will allow batteries with higher quantities of lithium to be transported
without being subject to the regulations, provided specified criteria are met. Existing batteries previously allowed to be transported as Class 9 batteries may continue to be transported under the present requirements indefinitely if the
present requirements are met. Section 173.189. This new section
would be added to establish the packaging and general transport requirements for batteries and cells containing sodium. The packagings and transport conditions proposed reflect those prescribed for these articles in the UN Recommendations, the ICAO Technical Instructions and the IMDG Code. Specific conditions under which batteries containing liquid sodium may be transported are proposed based on the conditions prescribed for the transport of batteries containing liquid sodium under DOT-E10917,
Section 173.196. The seventh edition of the UN Recommendations revised a provision for infectious substances
packagings to require that either the primary receptacle or the secondary packaging be capable of withstanding the prescribed pressure differential RSPA is-proposing a similar revision to paragraph w to clarify that both the inner and the outer packagings are not required to have this capability.
Sections 173.211~213. These sections would be revised to change packaging identification codes (for steel boxes
from 4A1 and 4A2 to 4A and for
aluminum boxes from 4B1 and 4B2 to 4B) for consistency with international requirements.
Section 173.224. This section would
be revised based on the UN Recommendations. Paragraph (b) sets forth the Self-Reactive Materials Table
which identifies the technical name for specific self reactive materials, the
identification number which is used to select the appropriate genericshipptrig description, specifications for
concentrations of the self-raective materia), packingmethods that may be used, temperature contra) requirements, and additional special provisions. The
existing peddngmetbods forself1entire materials would be replaced with the packing methods fororganic
CMA 111127
1
Federal Register / Vol. 59, No. 136 / Monday, July 18, 1994 / Proposed Rules
36497
peroxides which are prescribed in 173.225.
Paragraph (c) sets forth procedures for new self-reactive materials, formulations and samples. New self reactive materials and formulations of currently identified self-reactive materials would have to be approved in accordance with the provisions in I73.124(a)(2)(vi). Paragraph (c)(4) contains provisions for the shipping of
samples of new formulations. Paragraph (d) would specify that self-reactive
materials of Type F may be transported in bulk only under the approval of the Associate Administrator for Hazardous Materials Safety.
Section 173325. In 173.225,
paragraph (a) would be revised to prohibit the use of metallic non-bulk packagings meeting a Packing Group I packaging standard. Paragraph (c)(5) would be added to authorize the transportation of mixtures of organic peroxides that are specifically identified in the Organic Peroxides Table without approval by the Associate Administrator for Hazardous Materials Safety. In addition, the Organic Peroxide Table would be revised to add new organic peroxides adopted in the UN Recommendations.
Section 173.304. In the paragraph (a)(2) table, for the entry "carbon dioxide," an erroneous reference to a DOT-311800 cylinder would be corrected to authorize a DOT-3T1800 cylinder for carbon dioxide.
Section 173.306. In paragraph (a)(3)(v), the hot water immersion test
for aerosols and small gas receptacles would include a reference temperature of 50 *C (122 *F) in addition to the reference temperature of 55 *C (131 F). A reference temperature of SO *C would be permitted if the liquid phase of the materials contained in the receptacle does not exceed 95 percent of the capacity of the receptacle at 50 "G In addition, provisions would be added for plastic receptacles or contents which are sensitive to heat.
Appendix A to Part 173. Appendix A, which provides a method of testing corrosion to skin, would be removed and reserved for consistency with proposed changes to the definition and packing group assignment for Class 8 materials.
Appendix E to Part 173. New criteria would be added for self-reactive materials possessing explosive properties, and an editorial change would be made to clarify that powders of metals or metal alloys that can be ignited are classified in Division 4.1.
Appendix F to Part 173. In paragraph 1.. an editorial revision would be made to correctly reference Division 5.1.
Appendix H to Part 173. A new Appendix H would be added to Part 173 to provide a method of testing for combustibility. This method outlines a procedure for determining if a material can sustain combustion if heated under test conditions and exposed to an external source of flame.
Part 175
Section 175.10. The phrase "environmental restoration or protection" would be added as an exception in paragraph (a)(l2) to clarify that certain aircraft operations pertaining to environmental restoration may be conducted under the provisions of this paragraph. Exceptions currently contained in paragraphs (a)(13) and (a)(17) for carbon dioxide (dry ice) would be consolidated into paragraph (a)(l3) to except this material from regulation from Part 175 when it is used as a refrigerant for a package, intended for use in food or beverage service aboard an aircraft, or when used to pack perishables in carry-on baggage. Paragraph (a)(4) would be revised for consistency with the ICAO Technical Instructions which prohibit the carriage of undeclared flammable aerosols in checked or carry-on luggage. The carriage of such aerosols may create an unnecessary risk to ground handlers, passengers, and air crew members. In addition, a new paragraph (a)(26) would be added to except from regulation small medical or clinical mercury thermometers carried by passengers or crew members for personal use.
Section 175J33. Paragraph (a)(1) would be revised and a new paragraph (a)(9) would be added to require an aircraft operator, in the written notification to the pilot-in-command, to include a compatibility group letter for a Gass 1 material and an air waybill number where one has been issued.
Part 176
Section 176J7, A new paragraph (c) would be added to reference a container packing certificate required under the provisions of the SOLAS Convention. (See discussion under $ 171.12 of this section review for additional information.)
Section 176.76. A new paragraph (i) is being proposed for inclusion in $ 176.76 to address the transport of fumigated transport units on vessels. These proposed fumigation requirements would be in addition to the fumigation requirements contained in 173.9. The new vessel requirements are generally consistent with the IMDG Code requirements for transporting fumigated transport units and are consistent with Special Permits currently being issued
by the Coast Guard for U.S. maritime transport of fumigated transport units.
Contrary to the IMDG Code but consistent with the UN Recommendations, RSPA is not proposing that fumigated units be treated as items of Gass 9. If the proposed requirements for fumigated transport units on vessels are adopted in the final rule, a Special Permit issued by the Coast Guard would no longer be necessary.
Part 177
Section 177.841. Paragraph (e)(3) would be revised to specify requirements for separating Division 6.1 Packing Group HI materials from foodstuffs, consistent with provisions in 177.848.
Part 17B
Section 178J. Paragraph (a) would be revised to clarify that Part 178 requirements for UN standard packagings apply only to packagings manufactured in the U.S. See 173.24(d)(2) for foreign-manufactured packagings. A new paragraph (e) would be added to include definitions for "manufacturer" and "specification markings." These new definitions would specify who is to be identified through a specification marking as the "manufacturer" and would clarify the manufacturer's responsibility under Part 178.
Section 178.3. The introductory text in paragraph (a) and the text in subparagraph (a)(2) would be revised editorially for clarity. A new marking provision would be added to paragraph (a)(4) to permit markings of an appropriate, rather than specific, sire for packagings of 5 L (1 gallon) or 5 kg (11 pounds) or less capacity. Paragraph (b) would be revised to clarify the requirements for UN standard packagings marked in accordance with HMR requirements and UN standard packagings marked in accordance with the ICAO Technical Instructions or the IMDG Code.
Section 178.502. In paragraph (a) introductory text and paragraph (a)(1), the terms "type" or "types" of packagings would be amended for consistency with international regulations to read "kind" or "kinds" of packagings.
Section 178.503. Consistent with the UN Recommendations, RSPA is proposing revisions to certification marking requirements in this section. Each packaging certified to a UN standard is required to have a series of markings which describe the packaging and its characteristics. Paragraph (a) would be revised to require, for
CMA111128
'll
36498
Federal Register / Vol. 59, No. 136 / Monday, July 18, 1994 / Proposed Rules
packagings having a gross mass greater level greater than that for which the
inner packagings to contain liquids. A
than 30 kg (66 pounds), that these
original design type had been tested and new sentence would be added to the
markings appear on the top or side of marked.
end of paragraph (g)(2)(vi) to clarify that
the packaging. Currently, 5 178.503
Section 178.512. Standards for steel where outer packagings are not
requires that metal or plastic drums or boxes and aluminum boxes would be
leakproof or siftproof and consequently
jerricans intended for reuse be marked consolidated by removing the
require some type of leakproof liner,
with the minimum thickness of the
distinction between unlined/uncoated plastic bag or other means of
packaging material. Consistent with the steel or aluminum boxes and steel or
containment, sufficient absorbent
UN Recommendations, RSPA is
aluminum boxes having an inner liner material must be placed inside the liner
proposing that metal drums and
or coating. Therefore, both unlined and or bag. A new paragraph (k) would be
jerricans intended for reuse be marked lined steel boxes would be identified as added to permit several tests to be
with the nominal thickness. The
4A and unlined and lined aluminum
performed on one sample if the validity
nominal thickness marked would be in boxes would be identified as 4B.
of test results is not affected and if
accordance with ISO 3574; that is, the Corresponding revisions would be
approved by the Associate
nominal thickness marked could only reflected in the packaging
Administrator for Hazardous Materials
exceed the actual minimum thickness of the packaging material by the tolerance
specified in ISO 3574. Packagings to be reused would still be subject to the minimum thickness requirements of
S 173.28. Because the eighth revised edition of the UN Recommendations did
not address thickness requirements for plastic packagings, RSPA is proposing that plastic drams and jerricans intended for reuse continue to be marked with the minimum thickness of the packaging material.
In addition to the full marking on the
top or side of a metal or plastic drum having a capacity greater than 100 liters
and intended for reuse or reconditioning as a single packaging or the outer
^eaacckkaajging of a composite packaging, ^mSSPPAA is proposing to require a
nanent marking of the drum characteristics on the bottom of the drum. The country authorizing the mark, the name and address of the manufacturer, and the packaging
thickness would not be required as part
of this permanent mark. This marking
would identify the packaging as it was originally manufactured, and could not necessarily be used to determine
authorizations of Part 173. Section 178.513. A new paragraph
would be added to the standards for natural wood boxes to specify fastening
requirements. Section 178.516. In paragraph (b)(1).
the reference to ISO Standard 5351976(E) would be updated. Paragraph (b)(2) would be revised to authorize the
ends of fiberboard boxes to be constructed of suitable materials other than wood, which is already authorized.
Section 178.521. In paragraph (b)(2),
the term "water-resistant" would be revised to "waterproof and examples of a waterproof ply or barrier would be provided.
Section 178.522. A composite
packaging consisting of a plastic receptacle in a protective plastic dram is designated as 6HH in the current HMR standards. The UN Recommendations recently adopted a new composite packaging standard to
authorize a plastic receptacle in a
protective plastic box. Therefore, in
paragraph (b)(3), the previous 6HH composite packaging would be
redesignated as 6HH1 and the new
composite packaging (the plastic
Safety. Newly designated paragraph (1)
would be revised to clarify recordkeeping requirements and
provide consistency with test report requirements in the UN Recommendations.
Section 178.602. In paragraph (c) a reference to " 178.603(d)(2)" would be corrected to read " 178.603(e)".
Section 178.603. In paragraph (a), a new provision would be added to require that the drop test be performed using the package orientation most likely to result in failure if more than one orientation is possible. Paragraph (c) would be revised to clarify that the cold drop test outlined in this paragraph applies only to plastic packagings. A proposed revision to paragraph (f)(1) would clarify that inner packagings of
combination packagings are not required to be vented to reach equilibrium after the drop test.
Section 178.604. For consistency with a change in the UN Recommendations,
the length of time to conduct a leakproofness test, other than for production testing, would be specified as five minutes in revised paragraph (d).
compliance with packaging
receptacle in a protective plastic box) Rulemaking Analyses and Notices
requirements. For example, if a non removable head drum had been converted to a removable head dram,
this conversion would not be reflected in the marking on the bottom of the
drum, but would be evident in the top or side marking. For drams marked
would be designated as 6HH2. Section 178.601, Based on the merits
of a petition (P-1195), paragraph (b)
1 would be revised to limit the responsibility of shippers to those
packaging assembly functions they actually perform or are responsible for
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rale is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and therefore, was not reviewed by the
permanently on the bottom, the top or performing. The petitioner claims that Office of Management and Budget. The
side mark would not be required to be $ 178.601(b) currently requires any
rale is not considered a significant rule
permanent (i.e., able to withstand the shipper who closes a package to ensure under the Regulatory Policies and
reconditioning process).
that each package is capable of passing Procedures of the Department of
RSPA is proposing a new paragraph prescribed performance tests, thereby Transportation (44 FR11034). A
(d), which would specify additional
making the shipper legally responsible preliminary regulatory evaluation is
requirements for markings on
for every aspect of the manufacture and available for review in the Docket.
reconditioned metal drams. The paragraph would require that
testing of the packaging. RSPA agrees, and is proposing a revision to paragraph
B. Executive Order 12612
reconditioners reapply markings which (b)(2) to remove the shipper
This proposed rule has been analyzed
no longer appear on drums after the
responsibility provision regarding
in accordance with the principles and
reconditioning process. A reconditioner packaging fabrication and testing
criteria contained in Executive Order
rould duplicate the original markings or functions not performed by the shipper. 12612 ("Federalism"). The Hazardous
ipply markings which reflect a lower Paragraph (g)(2)(i) would be revised to Materials Transportation Act contains
^krfonnance level, but could not apply clarify that selective testing under
an express preemption provision (49
^Hrkings which identify a performance Variation 2 would require the fragile
App. U.S.G 1804(a)(4)) that preempts
CMA 111129
Federal Register / Vol. 59. No. 136 / Monday, July 18. 1994 / Proposed Rules
36499
Slate, local, and Indian tribe requirements on certain covered subjects. Covered subjects are:
(i) the designation, description, and classification of hazardous materials;
(ii) the packing, repacking, handling, labeling, marking, and placarding of hazardous materials;
(iii) the preparation, execution, and use of Shipping documents pertaining to hazardous materials and requirements respecting the number, content, and placement of such documents;
(iv) the written notification, recording, and reporting of the unintentional release in transportation of hazardous materials; or
(v) the design, manufacturing, fabrication, marking, maintenance, reconditioning, repairing, or testing of a package or container which is represented, marked, certified, or sold as qualified for use in the transportation of hazardous materials.
This notice of proposed rulemaking addresses covered subjects under items i, ii. iii and v above and, if adopted as final, would preempt State, local, or Indian tribe requirements not meeting the "substantively the same" standard. The HMTA (49 App. U.S.C. 1804(a)(5), as amended, provides that if DOT issues a regulation concerning any of the covered subjects, after November 16, 1990. DOT must determine and publish in the Federal Register the effective date of Federal preemption. The effective date may hot be earlier than the 90th day following the date of issuance of the final rule and not later than two years after the date of issuance. RSPA has determined that the effective date of Federal preemption for these requirements will be (insert date six months after date of publication). Thus, RSPA lacks discretion in this area, and preparation of a federalism assessment is not warranted.
C. Regulatory Flexibility Act
This proposed rule would incorporate changes introduced in the seventh and eighth revised editions of the UN Recommendations, the 1993-1994 and 1995-1996 ICAO Technical Instructions, and Amendments 26 and 27 to the IMDG Code. It would apply to
offerors and carriers of hazardous materials and would facilitate the transportation of hazardous materials in international commerce by providing consistency with international requirements. U.S. companies, including numerous small entities competing in foreign markets, will be forced to comply with a dual system of regulation, to their economic disadvantage, if the changes proposed in this NPRM are not adopted. The proposed changes are intended to avoid this result. I certify that this proposal will not, if promulgated, have a significant economic impact on a substantial number of small entities. This certification is subject to modification as a result of a review of comments received in response to this proposal.
D. Paperwork Reduction Act
The requirements for information collection have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act Of 1980 (Pub. L. 96-511) under OMB control number 2137-0034 for shipping papers and 2137-0557 for approvals.
E. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each
ear. The RIN number contained in the eading of this document can be used to cross-reference this action with the Unified Agenda.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation. Hazardous waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste. Labels, Markings, Packaging and containers. Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation. Packaging and containers. Radioactive materials. Reporting and recordkeeping requirements, Uranium.
49 CFR Part 175
Air carriers. Hazardous materials transportation. Radioactive materials. Reporting and recordkeeping requirements.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicles safety. Packaging and containers. Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I would be amended as follows;
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for Part 171 would continue to read as follows:
Authority: 49 App. U.S.C. 1802,1803,
1804.1805,1808, and 1818:49 CFR part 1.
2. In the 171.7(a)(3) Table, under the entry American Societyfor Testing and Materials a new entry would be added in numerical order; under the entry International Organization for Standardization, two new entries would be added at the end of existing entries; and a new entry would be added in alphabetical order, to read as follows:
S 171.7 Reference material.
(a) * * * (3) Table of material incorporated by reference. * * *
Source and name of material
49 CFR
** *e
American Society lor Testing and Materials
*
ASTM G 31-72 Practice lor Laboratory Immersion Corrosion Testing of Metals (Reapproved 1990)............. ........ ................. ......
e
173.137
CMA 111130
36500
Federal Register / Vol. 59, No. 136 / Monday, July 18, 1994 / Proposed Rules
Source and name ol material
49CFH reference
International Organization for Standardization
ISO 3574-1986(E) Cold-reduced carbon steel sheet of commercial and drawing qualities -................................................................. ISO 2592-1973 Petroleum Products--Determination of Flash and Fire Points Cleveland Cup Method, 1973 ........................................ ISO 2604 (IV)-1975 Steel Products for Pressure Purposes--Plates................. .............................................................................................
e* * * *
Organization for Economic Cooperation and Development (OECD)
OECD Guideline for Testing of Chemicals, No.404 "Acute Dermal Irritation/Corrosion'', 1992...................................................................
t * tt
178.503 173.120 173.137
173.136
t
*****
$171.7 [Amended]
3. In addition, in 171.7, in the table in paragraph (a)(3), the following changes would be made:
a. In the entry ASTM D 56-7.9, the wording "D 56-79" would be revised to read "D 56-87".
b. In the entry ASTM D 93-80, the wording "D 93^80" would be revised to read "D 93-90",
c. In the entry ASTM D 3278-78, the wording "D 3278-78" would be revised to read "ASTM D 3278-89".
d. In the entry ASTM D 4359-84, the wording "D 4359-84" would be revised to read "ASTM D 4359-90".
e. Under International Civil Aviation Organization (ICAO), for the entry "Technical Instructions for the Safe Transport of Dangerous Goods by Air", the date "1993-1994" would be revised to read "1995-1996".
f. Under International Maritime Organization (IMO), the entry "International Maritime Dangerous Goods (IMDG) Code, 1990 Consolidated Edition, as amended by Amendment 26 thereto" would be amended by removing the wording "Amendment 26" and replacing it with "Amendment 27".
g. Under International Organization for Standardization, the words "ISO535-1976(E)" would be revised to read "ISO-535-1991(E)".
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 and SOR/85609" would be 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/88635, SOR/87-335, SOR/87-186, SOR/ 89-39, SOR/89-294, SOR/90-847, SOR/ 91-711, SOR/91--712, SOR/92-447, SOR/92-600, SOR/93-203, SOR/93274, SOR/93-525, SOR/94-146 and SOR/94-264".
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)" would be 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", in column 2, the references "173.124;" "173.128;" "173.166;" and "173.185" would be added in appropriate numerical order.
4. In $ 171.8, the following definitions would be 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, at a standard pressure of 101.3 kPa (14.7 psi), has a vapor pressure greater than 300 kPa (43.5 psi) at 50 *C (122 *F) or is completely gaseous at 20 C (68 *F). *****
Siftproofpackaging means a packaging impermeable to dry contents, including fine solid material produced during transportation. *****
I Revise:] *****
Box means a packaging with complete rectangular or polygonal faces, made of metal, wood, plywood, reconstituted wood, fiberfaoard, plastic, or other suitable material. Small holes 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 (68 F) 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 4359-90 "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. Overpock 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 ol paragraph (d)(5), the wording "Poison" would be revised to read " 'Poison' or `Toxic' ".
$171.12 [Amended]
6. In $ 171.12, the following changes would be made:
a. In paragraph (b) introductory text, in the second sentence, the wording
CMA 111131
Federal Register / Vol. 59, No. 136 / Monday, July 18, 1994 / Proposed Rules
36501
"stowed and segregated, and certified in accordance with the IMDG Code" would be revised to read "stowed and segregated, and certified (including a container packing certification, if applicable) in accordance with the IMDG Code".
b. In the first sentence of paragraph (c) introductory text, the wording "being imported into or exported from the United States or" would be removed.
171.14 [Amended]
7. In 171.14, paragraph (c)(3) would be removed.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS
8. The authority citation for part 172 would continue to read as follows:
Authority: 49 App. U.S.C. 1803,1804, 1805.1808; 49 CFR part 1, unless otherwise noted.
9. In 172.101, paragraphs (c)(3), (c)(i3) and (k)(i) through (k)(5) would be revised and, in paragraph (g), a new sentence would be added as the last sentence to read as follows:
172.101 Purpose and use ol hazardous materials table. *****
(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 "n.o.i.b.n." may be used interchangeably with "n.o.s.".
*****
(13) Self-reactive materials and organic peroxides. Generic proper shipping names for self-reactive materials and organic peroxides, as listed in Column 2 of the Table, must be selected based on the material's
technical name and concentration, in accordance with the provisions of
173.224 or 173.225 of this subchapter, respectively. *****
(g) * * * No label is required for a material classed as a combustible liquid or for a Class 3 material that is reclassed as a combustible liquid. *****
(k) * * * (l) Stowage category "A" means the material may be stowed "on deck" or "under deck" on a passenger or cargo vessel. (2) Stowage category "B" means-- (i) The material may be stowed "on deck" or "under deck" on a cargo vessel; (ii) The material may be stowed "under deck" on a passenger vessel canying not more than 25 passengers or, alternatively, one passenger per each three meters of overall vessel length, whichever is larger; and (iii) "On dedr only" on passenger vessels in which the number of passengers specified in paragraph (k)(2)(ii) of this section is exceeded.
(3) Stowage category "C" means the material must be stowed "on deck only" on a cargo vessel and on a passenger vessel.
(4) Stowage category "D" means material must be stowed "on deck only" on a cargo vessel and on a passenger vessel carrying a number of passengers limited to not more than the larger of 25 passengers, or one passenger per each three meters of overall vessel length, but is prohibited on passenger vessels in which the limiting number of passengers is exceeded.
(5) Stowage category "E" means material may be stowed "on deck" or "under deck" on a cargo vessel and on a passenger vessel carrying a number of passengers limited to not more than the larger of 25 passengers, or one passenger per each three meters of overall vessel length, but is prohibited from carriage on passenger vessels in which the limiting number of passengers is exceeded. *****
172.101 [Amended]
10. In addition, in 172.101, in paragraph (c)(12)(iii), the last sentence would be removed.
11. In 172.101, the Hazardous Materials Table would be revised to read as follows:
172.101 Purpose and use of hazardous materials table.
*****
CMA 111132
M5574
Fedenl Register / Vol. 59. N a 136 / Monday, July 18, 1994 / Proposed Rules
172.101 Hazardous Materials Table--Continued
Sym01
Huvdwa rnKrlah dctcrIMcni in* pnoar sagging mom
tn
Hum) clnu or 01-
Lnbm(i) nqumd (a not
NUm-
<"9 gnxto
1>
(31 0) (St
P)
(81 gnutoortufton# 173.*")
Exemp tion*
Nonbud
P*0*0
Mr pndt-
aQ
(8A) (36) (SC)
<P . QuAntAy
Cemtnitooan
(9A)
Tilpragyiana , TiMl-ggkUkiyB photgMn* mid*. I
W*. bk-bHuantmlno dMAoiy prqonnn (TVOPA) . hguAuvkM.
Twpn*tutokjM.
i saw* USSR.
oMgn .
IMP)* n6fM6 tot* t
i hyRggsi
Mm NNM.Srnr nUnVnSA Mans-- JOpannotin*Hr. bra
1AM DIM*, MMd aA <M hM fti ee pwaM tnlar, tjr nM
Yttmtr aid tAOano** low*, hjj.
3 UN3260 3 UNMtT
"ii {*BKM
Fvbkjdan 1.10
2J ureiw uNim
UN1300
UN3330 UNW7t
UNWT7
mm
UN39I1
*.1 1.10
uUNNo1a61a1o
4.1 UN136T
.
"""*
4-1
VtMdum pnrtufcl*. norHLand torn,.
VmaSytwM*--------------------------------------------------------------------------------#BPpnpBB*P IKmvy ff'VRrTtflr CttnnMOn |n^M Or OMT ^ tuMUneagM or
typy JfeMl
NtCwHjj)##, .,
T**JP 0M]TC9r VWnO* Bfc-U. J <M.H.H...>,.M..,U.M.._,>.|.
WM ONokto. ktotoM *r Vinyl nkMti*. HbNnd .
Vinyl ntttyl nto*r, MUM . Vk^H InaMyl tw. InhMnd .
a6.1 UN2444 a unhts 61 UN2931
3 UN1301 61 UN106S
3 61 UNION 61
3 UN1302
61 UN1M0
UN13W
FLAMMABLE CORROSIVE. FLAMMABLE LIQUID.... FLAMMABLE UQUIO .-- POISON---------------------KEEP AWAY FROM FOOD.
SI, TB __
T1______ B1.T1 T#---------T7TM.__
eiipi.osiviTio"TMI
POISON QAS. CORRO SIVE. FLAMMABLE UQUIO FLAMMABLE UQUIO -- FLAMMABLE UQUIO ....
FIAUMABLE LIQUID --. RALHQACTIVE, CORRO SIVE. RADIOACTIVE, CORROvs. RADIOACTIVE, SPON
TnAoNteE.OUSLY COMBOS-
RADIOACTIVE, CORRO SIVE.
Bt. Tl , T1
Tl
Bt, Tl , B1.T1
RADIOACTIVE. DOER.
OW*
OXWiER. CORROSIVE
EXPLOSIVE 1.10______
FLAMMABLE SOUO --
At. AT, ASS ..... 36 *6 *16 Ml
160
160 ISO Non* 133
Anno-n---e*Wi--on#
130 nnOa--n---O-
iso 190 160 421-2
433 6N*O----W--
421.433
6I1M----V--
102 Non# Non*
Tl . 160
CORROSIVE. FLAM MABLE UQUO. POISON POISON KEEP AWAY FROM
FOOD. CORROSIVE------------
A6AS.AT.R1, N34.T6
Tl* TT---------------------
AS.A6A7.B6 B16 MM. T6 TC6
CORROSIVE .
CORROSIVE . POISON____
A6A6AT.BA. N34.TS. T26
16*
Non* Non#
1S3
it*
Non* Non#
164 6n4o--n--#--
203
202 203 202 203
62 306
203 201 202 203 203 426 426 41T, 420 413
411. *16 41T 413
213 62
211
202
202
211 212 213
202
212 SOI
til 212
242 5 L .....
242 5 L .... 242 *01 .,, 243 5 L .-- 241 60 L ...
*njo--n# Npn#
242 243
242 242 242
426 423 417,
420 N#n#
SOL ....
1 L......
3L
00 L ..... L ....
416 416 41T Non#
240 like Non# ForM Non# I *6
242 SL..~.,
343 iT-ZI
342 242
st-
340 100 kg
343
242 SS kg . *43
140 36 kg . 242 S3 kg .
60 L ... 60t mt 60 L ... 220 L ..
tL . 30L 60 L.. BIOL . aL.
it kg 100 Kg FmW 13 kg 0L --
ioiTZ
kg-100 kg . 300 kg . 30 L .... 100 Mi. It l ... 100 kg . 100 kg .
FLAMMABLE UOUK) .... TS. FLAMMABLE QAS____
FLAMMABLE UQWO ~" FLAMMABLE OA8___ <
Snuzzz
POISON,
uouo.
FLAMMABLE LXXflO. FLAMMABLE QAS --.
TW------------------A3.T14
#
160 306
160 306
Non*
Non* 306
110
202 304
202 304
202
201 304
302
242
314. 316 242 314.
311 343
3 L .............. FoftkkMn ...
00 L .... 130 kg .
60L -- 130 kg .
60L --
243 314.
31* 342
1 L ,_______ FgrtidNn -.
*1-------
30 L .... ISO kg .
l --
(10) nalMowngam#U##ffl#(4l
Ottwratownga provt-
NBA)
(106)
-----A____ A___
A .....
16 M 40
A____ B ..... 0 -.... A ..... A
A___ O .....
0 ......
A ...
A ...... 13 8 -- 1E.SE
26
ff--;
c"tz: 40
a
0
-----
A------
C--
A ..... 0.......
A____ A ......
O....... E--
CMA III1 3 3
la -AviXin-