[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50741-50834]
[FR Doc No: 2014-19161]

Vol. 79

Monday,

No. 164

August 25, 2014

Part II

 Department of Transportation

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 Pipeline and Hazardous Materials Safety Administration

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

Hazardous Materials: Harmonization With International Standards (RRR);
Proposed Rule

Federal Register / Vol. 79 , No. 164 / Monday, August 25, 2014 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 175, 176, 178, and 180

[Docket Nos. PHMSA-2013-0260 (HM-215M)]
RIN 2137-AF05

Hazardous Materials: Harmonization With International Standards
(RRR)

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA proposes to amend the Hazardous Materials Regulations to
maintain alignment with international standards by incorporating
various amendments, including changes to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements.
These revisions are necessary to harmonize the Hazardous Materials
Regulations with recent changes made to the International Maritime
Dangerous Goods Code, the International Civil Aviation Organization's
Technical Instructions for the Safe Transport of Dangerous Goods by
Air, the United Nations Recommendations on the Transport of Dangerous
Goods--Model Regulations and subsequently address three petitions for
rulemaking.

DATES: Comments must be received by October 24, 2014.

ADDRESSES: You may submit comments by any of the following methods:
    Federal Rulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
    Fax: 1-202-493-2251.
    Mail: Docket Management System; U.S. Department of Transportation,
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE., Washington, DC 20590-0001.
    Hand Delivery: To U.S. Department of Transportation, Dockets
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through
Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2014-
2013-0260 (HM-215M) or RIN 2137-AF05 for this rulemaking at the
beginning of your comment. Note that all comments received will be
posted without change to http://www.regulations.gov including any
personal information provided. If sent by mail, comments must be
submitted in duplicate. Persons wishing to receive confirmation of
receipt of their comments must include a self-addressed stamped
postcard.
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477), or you
may visit http://www.regulations.gov.
    Docket: You may view the public docket through the Internet at
http://www.regulations.gov or in person at the Docket Operations office
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Steven Webb, Office of Hazardous
Materials Standards or Vincent Babich, International Standards,
telephone<PHONE_NUMBER>, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., 2nd Floor, Washington, DC, 20590-0001.

SUPPLEMENTARY INFORMATION:
I. Executive Summary
II. Background
III. Harmonization Proposals in This NPRM
IV. Amendments Not Being Considered for Adoption in This NPRM
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Orders 12866 and 13563 and DOT Regulatory Policies
and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Policies and Procedures
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environment Assessment
    J. Privacy Act
    K. Executive Order 13609 and International Trade Analysis

I. Executive Summary

    PHMSA proposes to amend the HMR to maintain alignment with
international regulations and standards by incorporating various
amendments, including changes to proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, air
transport quantity limitations, and vessel stowage requirements. This
rulemaking project is part of our ongoing biennial process to harmonize
the Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180) with
international regulations and standards.
    Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) permits PHMSA to depart from international
standards to promote safety or other overriding public interest, but
otherwise requires PHMSA to align the HMR with international transport
standards and requirements to the extent practicable (see 49 U.S.C.
5120).
    Harmonization facilitates international trade by minimizing the
costs and other burdens of complying with multiple or inconsistent
safety requirements for transportation of hazardous materials to and
from the United States and becomes increasingly important as the volume
of hazardous materials transported in international commerce grows. By
facilitating compliance, harmonization also tends to enhance safety for
international movements, but only if the international standards
provide an appropriate level of safety. PHMSA actively participates in
the development of international standards for the transportation of
hazardous materials, frequently advocating the adoption in
international standards of particular HMR requirements.
    When considering the adoption of international standards under the
HMR, we review and consider each amendment on its own merit, on the
basis of its overall impact on transportation safety, and the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize without diminishing the level of safety currently provided by
the HMR and without imposing undue burdens on the regulated community.
    This NPRM proposes to amend the HMR to maintain alignment with
various international standards. The following are some of the more
noteworthy proposals in this NPRM:
     Incorporate Revised Standards: PHMSA proposes to
incorporate by reference the newest versions of various international
hazardous materials standards including the 2015-2016 International
Civil Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air (ICAO TI), Amendment 37-14 to the
International Maritime Dangerous Goods Code (IMDG Code), the

International Atomic Energy Agency (IAEA) Safety Standards for
Protecting People and the Environment; Regulations for the Safe
Transport of Radioactive Material, No. SSR-6, (IAEA Regulations), 2012
Edition, and the 18th Revised Edition of the United Nations
Recommendations on the Transport of Dangerous Goods (UN Model
Regulations). Additionally, we are proposing to update our
incorporation by reference of the Canadian Transportation of Dangerous
Goods Regulations to include Amendment 8 (SOR/2011-239) published
November 9, 2011; Amendment 9 (SOR/2011-60) published March 16, 2011;
Amendment 10 (SOR/2011-210) published October 12, 2011; and Amendment
11 (SOR/2012-245) published November 9, 2012. Finally, in this NPRM,
PHMSA is proposing the adoption of updated International Standards
Organization (ISO) standards.
     Revise HMT Entries: In this NPRM, PHMSA proposes
amendments to the Sec.  172.101 Hazardous Materials Table (HMT) to add,
revise, or remove certain proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, bulk
packaging requirements, passenger and cargo aircraft maximum quantity
limits. The proposed changes to the HMT mirror recent changes in the
Dangerous Goods list of the 18th Revised Edition of the UN Model
Regulations, the IMDG Code, and the ICAO TI.
     Provide Exceptions for Marine Pollutants: PHMSA is
proposing an exception from the HMR for marine pollutants up to 5 l
(1.3 gal) for liquids or 5 kg (11 lbs.) for solids when these materials
are packaged in accordance with the general packaging requirements of
Sec. Sec.  173.24 and 173.24a. The proposed amendment would exempt
small packages of hazardous material from the HMR that are regulated
only because of the presence of one or more marine pollutants.
Materials in these quantities pose a low risk in transport and this
proposal simplifies the current exceptions for marine pollutants and
reduces impediments to multi-modal transport of these goods. The
proposed changes to the HMT mirror recent changes in the Dangerous
Goods list of the 18th Revised Edition of the UN Model Regulations, the
IMDG Code, and the ICAO TI.
     Modification of the Marine Pollutant List: PHMSA is
proposing to modify the list of marine pollutants in Appendix B to
172.101. The HMR maintain a list as the basis for regulating substances
toxic to the aquatic environment and allow use of the criteria in the
IMDG Code if a listed material does not meet the criteria for a marine
pollutant. PHMSA periodically updates its list based on changes to the
IMDG Code and evaluation of listed materials.
     Clarify Hazard Communication Size Requirements: PHMSA is
proposing to add minimum sizes for the OVERPACK and SALVAGE markings.
These markings would be characters at least 12 mm (.47 inches) high.
There is no minimum size for these marks currently in the HMR, and the
information is not always readily visible. Further, the HMR already
prescribe specific size requirements for the ``UN'' or ``NA'' markings
and package specification markings. This proposal is a logical
extension of existing requirements. To offset any increased cost
associated with the proposed size requirements, PHMSA will propose to
permit a permanently marked salvage package or overpack to remain in
service with its existing marks regardless of whether the
identification number markings meet the minimum size requirements.
     Revise Vessel Stowage Requirements: PHMSA is proposing to
revise and add vessel stowage codes listed in column 10B of the HMT and
segregation requirements in Sec.  176.83 consistent with the IMDG Code.
These changes would harmonize the HMR with the IMDG Code and would
provide additional guidance on the loading and stowage of various
materials. Additionally, we propose to increase the required
segregation distances between Division 4.3 dangerous when wet material
(i.e. materials liable to give off a flammable or toxic gas in contact
with water) and Class 3 flammable liquids and Division 2.1 flammable
gases.
     Addition of Entries for Adsorbed Gases in the Hazardous
Materials Table: Consistent with amendments adopted into the UN Model
Regulations, PHMSA is proposing to revise the Hazardous Materials Table
(HMT) in Sec.  172.101 to include seventeen new entries for adsorbed
gases. Additionally we propose to add into the HMR a definition for
adsorbed gas, authorized packagings, and safety requirements including
but not limited to quantity limitations and filling limits.
     Harmonized Requirements for Lithium Batteries: PHMSA
proposes harmonization with the latest version of the ICAO Technical
Instructions to ensure that the information currently authorized by the
HMR to be provided by means of an alternative document be included on a
shipping paper for batteries transported under the provisions of 49 CFR
173.185(c)(4)(v)--equivalent to Section IB of ICAO Packing Instructions
965 and 968. PHMSA also proposes to harmonize with the latest version
of the ICAO Technical Instructions by requiring a ``CARGO AIRCRAFT
ONLY'' label on packages containing small lithium metal batteries not
packed in or with equipment.
     Definition of Non-Bulk Packaging: PHMSA proposes to revise
the HMR definition of non-bulk packaging by adding a new paragraph (4)
to include bags and boxes conforming to the applicable requirements for
specification packagings in subpart L of part 178 of this subchapter,
if they have a maximum net mass of 400 kg (882 pounds) or less. The UN
Model regulations were revised to remove the volumetric limit for
certain packaging types considered in Part 6 of the UN Model
Regulations that would be considered non-bulk packagings under the HMR.
This change was based on recognition by the UN Transport of Dangerous
Goods Sub-Committee that there are packagings suitable for the
transportation of high volume, low mass materials (e.g., airbags).
    If the amendments in this proposed rule are not adopted in the HMR
by January 1, 2015, the date most of the international standards above
take effect, U.S. companies, including numerous small entities
competing in foreign markets, will be at an economic disadvantage.
These companies will be forced to comply with a dual system of
regulations. The amendments proposed in this rulemaking are intended to
avoid this result.
    If adopted in a final rule, the amendments proposed in this NPRM
will result in minimal burdens on the regulated community. The benefits
resulting from the adoption of the amendments include enhanced
transportation safety resulting from the consistency of domestic and
international hazard communication and continued access to foreign
markets by U.S. manufacturers of hazardous materials. The majority of
amendments in this NPRM should result in cost savings and ease the
regulatory compliance burden for shippers engaged in domestic and
international commerce, including trans-border shipments within North
America.
    PHMSA solicits comments on the need for these amendments and others
proposed in this NPRM. Specifically, PHMSA requests comments on the
benefits and costs of international harmonization, including the impact
on safety and any other relevant concerns regarding the amendments
proposed in this NPRM. In addition, PHMSA solicits comment from the
regulated community regarding approaches to reducing the

costs of this rule while maintaining or increasing the benefits. In its
preliminary analysis, PHMSA concluded that the aggregate benefits
justify the aggregate costs as a result of the amendments proposed in
this NPRM. Nonetheless, PHMSA solicits public comment on specific
changes (for example, greater flexibility with regard to a particular
amendment) that might improve the rule.

II. Background

    In a final rule published December 21, 1990 (Docket HM-181; 55 FR
52402), the Research and Special Programs Administration (RSPA), the
predecessor agency to PHMSA, comprehensively revised the HMR to
harmonize U.S. hazardous materials transportation requirements with the
UN Model Regulations. The UN Model Regulations constitute a set of
recommendations issued by the United Nations Subcommittee of Experts
(UNSCOE) on the Transport of Dangerous Goods and the Globally
Harmonized System of Classification and Labelling of Chemicals (GHS).
The UN Model Regulations are amended and updated biennially by the
UNSCOE and serve as the basis for national, regional, and international
modal regulations, including the IMDG Code and the ICAO TI.
    Since publication of the 1990 rule, PHMSA has issued ten additional
international harmonization rulemakings under Dockets: HM-215A [59 FR
67390]; HM-215B [62 FR 24690]; HM-215C [64 FR 10742]; HM-215D [66 FR
33316]; HM-215E [68 FR 44992]; HM-215G [69 FR 76044]; HM-215I [71 FR
78595]; HM-215J [74 FR 2200]; HM-215K [76 FR 3308]; and HM-215L [78 FR
987]. These rulemakings were based on biennial updates of the UN Model
Regulations, the IMDG Code, and the ICAO TI.
    Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) directs PHMSA to participate in relevant
international standard-setting bodies and encourages alignment of the
HMR with international transport standards to the extent practicable
while recognizing that deviations may at times be necessary to ensure
safety or be consistent with the public interest (see 49 U.S.C. 5120).
Harmonization facilitates international trade by minimizing the costs
and other burdens of complying with multiple or inconsistent safety
requirements for transportation of hazardous materials. Harmonization
has also become increasingly important as the volume of hazardous
materials transported in international commerce grows. By facilitating
compliance, harmonization enhances safety. PHMSA actively participates
in relevant international standard-setting bodies and promotes the
adoption of standards consistent with the high safety standards set by
the HMR.
    When considering alignment of the HMR with international standards,
we review and evaluate each amendment on its own merit, on the basis of
its overall impact on transportation safety, and the on the basis of
the economic implications associated with its adoption into the HMR.
Our goal is to harmonize without diminishing the level of safety
currently provided by the HMR or imposing undue burdens on the
regulated community.
    Based on this review and evaluation, in this NPRM PHMSA is
proposing to revise the HMR to incorporate changes from the 18th
Revised Edition of the UN Model Regulations, Amendment 37-14 to the
IMDG Code, and the 2015-2016 Edition of the ICAO Technical
Instructions, which become effective January 1, 2015 (The IMDG Code is
effective January 1, 2015; however, the previous amendment may continue
to be used until January 1, 2016).
    In addition, PHMSA proposes to incorporate by reference the newest
editions of various international standards. These standards
incorporated by reference are authorized for use, under specific
circumstances, in Subpart C of Part 171 of the HMR. This proposed rule
is necessary to incorporate revisions to the international standards
and, if adopted in the HMR, will be effective January 1, 2015.

Possible Interim Final Rule

    If the changes in this proposed rule are not adopted by January 1,
2015, U.S. companies, including numerous small entities competing in
foreign markets, would be at an economic disadvantage because these
companies would be forced to comply with a dual system of regulations
(specifically, the U.S. HMR, UN Model Regulations, and ICAO Technical
Instructions). As previously noted, the changes to the international
standards will take effect on January 1, 2015. Therefore, it is
essential that a final rule incorporating these standards by reference
be published no later than December 31, 2014 with an effective date of
January 1, 2015. To this end, if it appears a final rule under this
docket will not be published prior to January 1, 2015, PHMSA will
publish a bridging document in the form of an interim final rule to
amend the HMR by incorporating the 18th Revised Edition of the UN
Recommendations and the 2015-2016 Edition of the ICAO Technical
Instructions.
    With regard to Amendment 37-14 of the IMDG Code, the International
Maritime Organization approved an implementation date of January 1,
2016. The current edition of the IMDG Code (Amendment 36-12) remains in
effect through 2015 and, therefore, the newest version of the IMDG Code
will not be included in any bridging document. The proposed
incorporation by reference of the newest edition of the IMDG Code and
all other changes proposed in this NPRM would be addressed in a
subsequent final rule also under this Docket, PHMSA-2013-0260 (HM-
215M). Accordingly, any interim final rule will only incorporate by
reference editions of the international standards that become effective
on January 1, 2015.

III. Harmonization Proposals in This NPRM

    In addition to various other revisions to the HMR, in this NPRM,
PHMSA is proposing the following amendments to harmonize the HMR with
the most recent revisions to the UN Model Regulations, ICAO TI, and the
IMDG Code:

Hazardous Materials Table (HMT)

    In this NPRM, PHMSA proposes amendments to the HMT to add, revise,
or remove certain proper shipping names, hazard classes, packing
groups, special provisions, packaging authorizations, bulk packaging
requirements, vessel stowage and segregation requirements, and
passenger and cargo aircraft maximum quantity limits.

Incorporation by Reference

    In this NPRM, PHMSA proposes to incorporate by reference the latest
editions of various international transport standards including the
2015-2016 Edition of the ICAO Technical Instructions, Amendment 37-14
of the IMDG Code, and the 18th Revised Edition of the UN Model
Regulations. Additionally, we are proposing to update our incorporation
by reference of the Canadian Transportation of Dangerous Goods
Regulations to include Amendment 8 (SOR/2011-239) published November 9,
2011; Amendment 9 (SOR/2011-60) published March 16, 2011; Amendment 10
(SOR/2011-210) published October 12, 2011; and Amendment 11 (SOR/2012-
245) published November 9, 2012.

This incorporation by reference augments the broad reciprocity provided
in Sec.  171.12 where the HMR allow the use of the Canadian TDG
Regulations under certain conditions when transporting hazardous
materials to or from Canada by highway or rail. Finally, PHMSA is
proposing the incorporation by reference of new and updated
International Standards Organization (ISO) standards.
    Petitions for Rulemaking: In this NPRM, PHMSA is addressing three
petitions for rulemaking:

Alignment of the HMR With the ICAO TI To Remove the Segregation
Requirements in Sec.  175.630 (P-1631)

    In a petition for rulemaking (P-1631), UPS, Inc. requests that
PHMSA align with the ICAO TI by removing the Sec.  175.630 provisions
requiring Division 6.1 and 6.2 packages to be segregated from materials
marked as or known to be a foodstuff, feed, or any other edible
material intended for consumption by humans or animals.
    Section 175.630 imposes special segregation requirements for
Division 6.1 (toxic) material and Division 6.2 (infectious substance)
materials when transported by aircraft. Paragraph (a) requires that a
package required to bear a POISON, POISON INHALATION HAZARD, or
INFECTIOUS SUBSTANCE label may not be carried in the same compartment
of an aircraft with material which is marked as or known to be a
foodstuff, feed, or any other edible material intended for consumption
by humans or animals unless:
    (1) The Division 6.1 or Division 6.2 material and the foodstuff,
feed, or other edible material are loaded in separate unit load devices
which, when stowed on the aircraft, are not adjacent to each other; or
    (2) The Division 6.1 or Division 6.2 material are loaded in one
closed unit load device and the foodstuff, feed or other material is
loaded in another closed unit load device.
    The petitioner notes that during 2012-2013 biennium, the ICAO
Dangerous Goods Panel (DGP) determined that the high quality of
packaging for Division 6.1 and 6.2 material required by the ICAO TI
justified removal of the segregation requirements applied to Division
6.1 or Division 6.2 material and foodstuffs. The petitioner states that
the alignment of the HMR with the ICAO TI on the matter of operator
requirements is of great value for aircraft operators. In addition, the
petitioner states that this amendment has the potential to introduce
efficiencies for air carriers, including UPS. In this context, with the
deletion of ICAO TI Part 7, Section 2.9, the petitioner recommends and
requests that PHMSA remove the corresponding requirements of Sec.
175.630.
    PHMSA is in agreement with the petitioner and in this NPRM, is
proposing to delete the special segregation requirements for Division
6.1 and Division 6.2 material. This action would harmonize the HMR with
recent amendments that will appear in the 2015-2016 Edition of the ICAO
TI. These segregation requirements are no longer necessary, and we
propose to harmonize with ICAO because of: (1) The relative rarity of
releases of toxic and infectious substances; (2) the small quantities
released when a spill actually occurs; (3) the robust nature of
combination packagings used for toxic and infectious substances; (4)
the acceptance checks required by operators prior to loading hazardous
materials aboard aircraft; (5) the lack of evidence of contamination of
other packages by a release of toxic or infectious substances; and (6)
the coverage by the hazard communication system already in place in the
event of a release.

Passenger Notification Programs for Tickets Issued by Phone (P-1623)

    In a petition for rulemaking (P-1623), the Council on Safe
Transportation of Hazardous Articles (COSTHA) requests that PHMSA
remove the applicability of passenger notifications in Sec.  175.25(b)
to telephone transactions.
    In a final rule published January 19, 2011 under Docket No. PHMSA-
2009-0126 (HM-215K); 76 FR 3308, PHMSA aligned with the ICAO TI by
adding new requirements for certain information to be presented to
passengers regarding what hazardous materials they may check-in or
carry-on a flight. This information is to be provided at points of
ticket sale and at automated or remote passenger check-in. On March 7,
2013, PHMSA received a request for a letter of interpretation
(Reference 13-00058) from COSTHA pointing out that the January 19, 2011
final rule in Sec.  175.25 (b) includes the word ``phone'' which is not
in Part 7; 5.1.1 of the ICAO TI, nor is it part of the current scope of
passenger notification programs. COSTHA requested clarification as to
whether or not PHMSA intended the Sec.  175.25(b) requirement to be
applicable to passenger notification by telephone. In the July 11, 2013
response, PHMSA stated that Sec.  175.25(b) explicitly references
purchase by telephone as a means of purchasing a ticket remotely.
Therefore, as written, the Sec.  175.25(b) passenger notification and
acknowledgement requirements apply when purchasing a ticket by
telephone and this is generally consistent with Part 7; 5.1.1 of the
ICAO TI. This petition was submitted in response to the letter of
interpretation issued by PHMSA on July 11, 2013 (Reference 13-0058).
    In its petition, COSTHA states that they strongly disagree with
PHMSA's position that inclusion of the term ``phone'' in Sec.
175.25(b) is ``generally consistent'' with the language adopted in Part
7; 5.1.1 of the ICAO TI, and that PHMSA has not fully recognized or
accounted for the significant costs such an interpretation would impose
on industry and the competitive disadvantage that would result for U.S.
passenger air carriers. The petitioner notes that the issue of ticket
purchase and check-in on line was discussed within a working group of
the ICAO DGP (May 2009) and that the discussion only pertained to
electronic transactions, not telephone transactions. The report from
the meeting specifically states ``when purchasing tickets or checking
in electronically.'' The report includes comments from DGP members
questioning who would enforce the requirement against internet-based
travel agencies. There is no reference to ticket purchases made via
telephone. At the 22nd meeting of the ICAO DGP (October 2009), ICAO
adopted modifications to Part 7; 5.1 to bolster communication to
passengers who purchase tickets or check-in electronically. Paragraph
<IP_ADDRESS> from the DGP 22 report states:

    A proposal to strengthen the requirements for the provision of
information to passengers in respect of dangerous goods in baggage
was discussed. It was suggested the use of the Internet to purchase
tickets, to check in, and the use of automated check-in machines at
the airport or by telephone made traditional methods of providing
information to passengers obsolete. New text in Part 7;5.1 was
developed to address this.

    The petitioner notes that DGP 23 report contains the first
reference to the use of telephones, and in this case it is in reference
to passenger check-ins, not ticket purchase. Further revisions to the
ICAO TI text resulted in mandatory requirements. However, the context
of these discussions was again regarding electronic transactions, not
via the telephone. The petitioner states based on the information
contained in the ICAO reports that it was not the intention of ICAO to
require extensive hazard communication during telephonic ticket
purchases.
    The petitioner states that by extending the application of
notification to passengers to telephonic ticket purchases, PHMSA is
imposing

significant training and implementation costs on industry and that
these costs may not have been fully considered. In the petition, COSTHA
includes estimated costs from three member air carriers for providing
passenger notification via telephonic communication. One carrier
estimated an annual cost increase of $17 million, another $750,000, and
the third $450,000 a year for every second added to talk time. These
figures do not include employee training costs. In addition, these
three airlines provided data that between 3% and 5.1% of tickets are
purchased over the phone. The petitioner points out that the vast
majority of tickets are purchased on-line, and when purchased in this
manner, passengers are notified about hazardous materials at the time
of purchase, during check-in, and again via an announcement at the
gate. The petitioner states that extending these requirements to
telephone transactions will significantly increase costs to industry
while reaching only 5% of passengers purchasing tickets.
    In this NPRM, PHMSA is proposing to grant this petition by adopting
into the HMR the revisions made to the passenger notification
provisions of Part 7;5.1 of the ICAO TI adopted at the 24th meeting of
ICAO DGP (October 2013). Paragraph <IP_ADDRESS> from the DGP 24 report
states:

    It was suggested that text which had existed in Part 7;5.1 prior
to the 2011-2012 Edition of the Technical Instructions had been
inadvertently removed and should be reinstated. Part 7;5.1 was
amended in the 2011-2012 Edition to address the increasing use of
the internet for flight bookings and check-in, the use of telephones
and kiosks at airports for check-in. It was suggested, however, that
the new text did not address cases when a passenger might make a
booking over the telephone with the operator providing the dangerous
goods information with a booking confirmation by post or email.

    Specifically, PHMSA is proposing to revise Sec.  175.25(b) for
consistency with the ICAO TI to clarify that for ticket purchases the
hazardous materials notification must be presented at the point of
ticket purchase or, if this not practical, made available in another
manner to passengers prior to the check-in process. This will allow an
operator to provide the hazardous materials notification verbally, with
the ticket or ticket receipt, or using another equally suitable method.
In addition, PHMSA is proposing to remove the words ``regardless if the
process is completed remotely (e.g., via the Internet and Phone) or
when completed at the airport, with or without assistance from another
person (e.g., automated check in facility)'' as examples of ticket
purchases to fully harmonize Sec.  175.25(b) with the ICAO TI, and to
clarify that the hazardous materials notification must be given with
every ticket purchase. Finally, it is proposed to insert the words
``provided via the internet'' into the second sentence of Sec.
175.25(b) to clarify that passenger acknowledgement is only required
when the ticket is purchased through the internet without assistance
from another person. All of these proposed changes taken together will
address the COSTHA petition and bring the HMR into full alignment with
the ICAO TI.

Compliance Date Extension for Passenger Notification Programs (P-1633)

    In a petition for rulemaking (P-1633), COSTHA requests that PHMSA
extend the transitional compliance date for ``hazardous materials
notifications to passengers at time of ticket purchase,'' which was
adopted in a January 19, 2011 final rule (Docket No. PHMSA-2009-0126
(HM-215K); 76 FR 3308) and extended to January 1, 2015 in a final rule
published January 7, 2013 (Docket No. PHMSA-2009-0126 (HM-215K); 78 FR
1108). Specifically, COSTHA requests the current compliance date for
passenger notifications requirements in Sec.  175.25 be extended from
January 1, 2015 until 12 months from the effective date of the HM-215M
final rule publication, or January 1, 2016, whichever is later.
    The petitioner states on April 30, 2013, the Federal Aviation
Administration (FAA) chartered an Aviation Rulemaking Committee (ARC)
on Passenger Notification of Hazardous Materials Regulations with a
mission to develop consistent and effective messages for disseminating
hazardous materials information to passengers and provide air carriers
additional clarity to ensure regulatory compliance. The FAA timeline
for the ARC and publication of the draft advisory circular was
developed to provide air carriers eight months to implement the
recommendations, employee training, program changes and to make
necessary technology updates. Due to additional amendments to the
passenger notification requirements of the ICAO TI the implementation
and subsequent consideration for harmonization under this proposed rule
the timeline established by the FAA was delayed. Given this delay, air
carriers will not be provided sufficient time to implement changes
necessary to comply with the modified Sec.  175.25.
    In this NPRM, PHMSA is proposing to revise Sec.  175.25(b) for
consistency with recent amendments to the ICAO TI to clarify that for
ticket purchases made via the telephone, the hazardous materials
notification must be provided to the passenger but can be done so using
any suitable method prior to the check-in. Due to this revision, the
extension requested in this petition is unnecessary. The requirement
for air carrier reservation agents to verbally provide passenger
notification at the time of purchase by telephone was the basis for the
effective date extension granted in the January 7, 2013 final rule (HM-
215K). By removing the telephonic acknowledgement requirement, the
previous effective date of January 1, 2015 will be waived as of
publication. Other than the telephonic acknowledgement requirement,
PHMSA is unaware of any additional new requirement imposed under HM-
215K that has posed difficulty in implementation that would merit
providing additional compliance date relief. Further, proposed
amendments to Sec.  175.25 in this rulemaking are eligible for the one
year delayed compliance.

IV. Amendments Not Being Considered for Adoption in this NPRM

    This NPRM proposes changes to the HMR based on amendments adopted
in the 18th Revised Edition of the UN Model Regulations, the 2015-2016
Edition of the ICAO Technical Instructions, and Amendment 37-14 to the
IMDG Code. We are not, however, proposing to adopt all the amendments
made to the various international standards into the HMR.
    In many cases, amendments to the international recommendations and
regulations have not been adopted because the framework or structure of
the HMR makes adoption unnecessary. In other cases, we have addressed,
or will address, the amendments in separate rulemaking proceedings. If
we have inadvertently omitted an amendment in this NPRM, we will
attempt to include the omission in the final rule. However, our ability
to make changes in a final rule is limited by requirements of the
Administrative Procedure Act (5 U.S.C. 553). In some instances, we can
adopt a provision inadvertently omitted in the NPRM if it is clearly
within the scope of changes proposed in the notice. Otherwise, in order
to provide opportunity for notice and comment, the change must first be
proposed in an NPRM.
    One of the goals of this rulemaking is to continue to maintain
consistency between the HMR and the international requirements. We are
not striving to make the HMR identical to the international regulations
but rather to

remove or avoid potential barriers to international transportation.
    The following is a list of significant amendments to the
international regulations that we are not proposing to adopt in this
NPRM, with a brief explanation of why the amendment was not included:

Damaged, Defective, and Waste Lithium Batteries

    The 18th Revised Edition of the UN Model Regulations adopted
transportation provisions for damaged, defective, and waste lithium
batteries. In this NPRM, PHMSA is not proposing to adopt changes to the
domestic requirements for the treatment of these lithium batteries, as
we believe existing HMR requirements sufficiently address shipments of
this nature.

Dimensions on Hazard Communication Examples

    The 18th Revised Edition of the UN Model Regulations adopted
modifications to example figures of markings, labels, and placards to
note minimum dimensions for the appropriate hazard communication
example pictograms. In this NPRM, PHMSA is not proposing to adopt the
changes to example markings, labels, and placards found in the HMR. We
believe the addition of dimensions to the example pictograms does not
add significant value because these dimensions are described in the
text of the HMR. These amendments to the international recommendations
and regulations are not being adopted because the regulatory text
associated with the various figures in the HMR depicting package
markings, labels and placards adequately describes the item without
adding minimum dimensions to the example figures.

Flash Composition

    The 18th Revised Edition of the UN Model Regulations amended a note
before the default fireworks classification table in <IP_ADDRESS>.5. This
amendment changed the criteria used in the meaning of ``flash
composition'' from 8 ms for .5 g of pyrotechnic substance in the HSL
Flash Composition Test in Appendix 7 of the Manual of Tests and
Criteria, to 6 ms for .5 g of pyrotechnic substance. In this NPRM,
PHMSA is not adopting this change as work on this test is ongoing.

Radioactive Materials Transportation Requirements

    The 18th Revised Edition of the UN Model Regulations, the 2015-2016
Edition of the ICAO Technical Instructions, and Amendment 37-14 to the
IMDG Code amended various radioactive transportation requirements to
harmonize their regulations with the International Atomic Energy Agency
(IAEA) Safety Standards for Protecting People and the Environment;
Regulations for the Safe Transport of Radioactive Material, No. SSR-6.
While PHMSA is proposing to incorporate by reference this document (see
Sec.  171.7) and adopt the new proper shipping name and associated
shipping requirements for UN 3507, Uranium hexafluoride, radioactive
material, excepted package, we are not proposing to harmonize the HMR
with the remainder of the changes made by the various international
regulations in this NPRM. Any further domestic radioactive
harmonization issues will be addressed in a future rulemaking in
conjunction with the Nuclear Regulatory Commission.

Discarded Packages

    The 18th Revised Edition of the UN Model Regulations adopted a new
proper shipping name and UN number for Packaging discarded, empty,
uncleaned, UN 3509. This new proper shipping name was brought in to
allow, with competent authority approval, packagings, large packagings
or intermediate bulk containers, or parts thereof, which have contained
hazardous materials, other than radioactive material to be transported
for disposal, recycling or recovery of their material, other than
reconditioning, repair, routine maintenance, remanufacturing or reuse,
and which have been emptied to the extent that only residues of
dangerous goods adhering to the packaging parts are present when they
are presented for transport. This change was made primarily to address
European land transport of packages that are no longer within
appropriate package specifications. The ICAO DGP did not incorporate
this entry into the ICAO TI dangerous goods list, and the IMDG Code has
adopted very limited allowance for the use of this entry on short sea
voyages.
    PHMSA is not proposing to include a hazardous materials table entry
for UN 3509 Packaging discarded, empty, uncleaned. We believe that the
shipment of empty uncleaned packaging is adequately addressed by HMR
under existing empty packaging provisions in Sec.  173.29 and
additional sections. Use of this description in the UN Model
Regulations requires authorization by the competent authority, which
can still be obtained from PHMSA via a special permit.

Used Medical Devices

    In the 2015-2016 Edition of the ICAO TI a note was added to an
exception for used medical devices which excepts medical devices or
equipment that have been drained of free liquid to the extent
practicable; and clarifying that any capability requirement in the ICAO
TI can be determined through testing a sample package as prepared for
transport, or through alternative means such as non-destructive
testing, engineering analysis, testing with an article of similar mass
and size, or other equivalent means. PHMSA is not making any
corresponding amendments to Sec.  173.134, as we believe the existing
HMR satisfactorily addresses the hazards presented by used medical
devices in transportation.

Coolants, Conditioners, and Asphyxiates

    The 18th Revised Edition of the UN Model Regulations contains
various editorial amendments applicable to packages and cargo transport
units containing substances presenting a risk of asphyxiation when used
for cooling or conditioning purposes. PHMSA did not adopt requirements
for these shipments instituted in the 17th Revised Edition of the UN
Model Regulations, and will not be adopting any of the editorial
amendments incorporated into the 18th UN Model Regulations either.
PHMSA believes that the current requirements for shipments of dry ice
and other potential coolants adequately address the hazards associated
with the use of these hazardous materials as coolants or conditioners.

Gas Cartridge and Fuel Cell Testing

    The 18th Revised Edition of the UN Model Regulations was amended to
authorize alternatives to the water bath test for gas cartridges and
fuel cells. PHMSA believes that the current requirements provided by
the HMR for testing these items adequately address the hazards
associated with their use.

V. Section-by-Section Review

    The following is a section-by-section review of the amendments
proposed in this NPRM:

Part 171

    Section 171.4 prohibits the transportation of materials meeting the
definition of a marine pollutant except in accordance with HMR
requirements. Paragraph (c) provides that marine pollutants transported
in non-bulk packagings are excepted from the HMR unless the
transportation is by vessel. In this NPRM, PHMSA proposes a new
exception from the HMR for marine

pollutants up to 5 l (1.3 gallons) for liquids or 5 kg (11 lbs) for
solids when these materials are packaged in accordance with the general
packaging requirements of Sec. Sec.  173.24 and 173.24a. This proposed
amendment, applicable to all modes, would exempt small packages of
hazardous material from the HMR that are regulated only because of the
presence of one or more marine pollutants. Materials in these
quantities pose a low risk in transport and this proposal simplifies
the current exceptions for marine pollutants and reduces impediments to
multi-modal transport of these goods.
Section 171.7
    The ``National Technology Transfer and Advancement Act of 1996''
directs agencies to use voluntary consensus standards. According to the
Office of Management and Budget (OMB), Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards wherever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
    To these ends, PHMSA actively participates in the development and
updating of consensus standards through representation on more than 20
consensus standard bodies. PHMSA regularly reviews updated consensus
standards and considers their merit for inclusion in the HMR.
    Section 171.7 provides a listing of all standards incorporated by
reference into the HMR. For this rulemaking, we evaluated updated
international consensus standards pertaining to proper shipping names,
hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements and determined that the revised standards provide an
enhanced level of safety without imposing significant compliance
burdens. These standards have a well-established and documented safety
history and their adoption will maintain the high safety standard
currently achieved under the HMR. Therefore, we propose to update by
adding and revising the incorporation by reference materials for the
following organizations:
    Paragraph (s)(1) which incorporates the International Atomic Energy
Agency (IAEA) Regulations for the Safe Transport of Radioactive
Material 1996 edition would be revised to incorporate the SSR-6 2012
Edition. To address concerns over domestic and international
differences in the transport conditions applicable to shipments of
excepted fissile materials, PHMSA is proposing to add additional
requirements to Sec.  171.23 to ensure domestic concerns are addressed.
Please see the discussion in the Section-by-Section Review under Sec.
171.23 for a summary of proposed changes.
    Paragraph (t)(1) which incorporates the International Civil
Aviation Organization Technical Instructions for the Safe Transport of
Dangerous Goods by Air, 2013-2014 Edition would be revised to
incorporate the 2014-2015 Edition.
    Paragraph (v)(2), which incorporates the International Maritime
Organization International Maritime Dangerous Goods Code, 2012 Edition,
Incorporating Amendment 36-12, English Edition, Volumes 1 and 2, would
be revised to incorporate the 2014 Edition, Amendment 37-14.
    In paragraph (w) various International Organization for
Standardization (ISO) entries which contain standards for the
specifications, design, construction, testing and use of gas cylinders
are proposed for incorporation by reference.
    In paragraph (bb)(1), the Transport Canada, Transportation of
Dangerous Goods Regulations, including Clear Language Amendments 1
through 7 sub-paragraphs (ix), (x), (xi), and (xii), would be added to
include Amendment 8 (SOR/2011-239) which was published on November 9,
2011; Amendment 9 (SOR/2011-60) published March 16, 2011; Amendment 10
(SOR/2011-210) published October 12, 2011; and Amendment 11 (SOR/2012-
245) published November 9, 2012 respectively. In the preamble of our
January 7, 2013 final rule (HM215-L [78 FR 987]) we indicated we were
adopting Amendments 8, 9 and 10 of the Transportation of Dangerous
Goods Regulations, however this adoption inadvertently did not appear
in the published regulatory text. To correct this oversight, we are
again proposing the adoption of Amendments 8, 9 and 10, along with the
proposed adoption of the most recent, Amendment 11.
    Paragraph (dd)(1), the United Nations Recommendations on the
Transport of Dangerous Goods--Model Regulations, 17th Revised Edition
(2011), Volumes I and II, would be revised to incorporate the 18th
Revised Edition (2013), Volumes I and II.
    Paragraph (dd)(2), the United Nations Recommendations on the
Transport of Dangerous Goods--Manual of Tests and Criteria, Fifth
Revised Edition (2009), including Amendment 1 (2011), would be revised
to reference Sec.  171.24, and sub-paragraph (iii) would be added to
incorporate Amendment 2 (2013).
Section 171.8
    This section defines terms generally used throughout the HMR that
have broad or multi-modal applicability. PHMSA is proposing to add the
following terms:
    Adsorbed gas: The proposed adoption of this term directs the reader
to Sec.  173.115 for the definition. See the Sec.  173.115 entry of the
Section-by-Section Review for a complete discussion of the proposed
adoption of the definition of adsorbed gas.
    Bundle of cylinders: Consistent with the ICAO TI, in this NPRM,
PHMSA proposes to amend this definition to clarify that a ``bundle of
cylinders'' is not permitted for air transport.
    Large salvage packaging: Consistent with the UN Model Regulations,
in this NPRM, PHMSA proposes to define a large salvage packaging. A
large salvage packaging is a special packaging into which damaged,
defective or leaking hazardous materials packages, or hazardous
materials that have spilled or leaked are placed for the purpose of
transport for recovery or disposal. The general requirements for a
large salvage packaging are consistent with the existing requirements
for a ``large packaging.'' Large salvage packagings are not authorized
for air transport.
    Neutron radiation detector: Consistent with the UN Model
Regulations, in this NPRM, PHMSA proposes to define a neutron radiation
detector. A neutron radiation detector is a device that detects neutron
radiation. In such a device, a gas may be contained in a hermetically
sealed electron tube transducer that converts neutron radiation into a
measurable electric signal.
    Non-bulk packaging: The UN Model regulations were revised to remove
the volumetric limit for certain packaging types considered in Part 6
of the UN Model Regulations that would be considered non-bulk
packagings under the HMR. This was based on recognition by the UN
Transport of Dangerous Goods Sub-Committee that there are packagings
suitable for the transportation of high volume, low mass materials
(e.g., airbags) where the capacity of a box may exceed 450 liters (119
gallons) while the net mass of the box is less than 400 kg (882
pounds). Absent a corresponding amendment to the HMR, U.S.
manufacturers and shippers would be placed at a

competitive disadvantage by not being authorized to use the same
packaging configurations other than as authorized for use by Part 171
Subpart C (use of international transport standards and regulations).
Therefore, to maintain consistency with the UN Model Regulations, and
to authorize the use of these packaging configurations for domestic
transport, PHMSA proposes to revise the HMR definition of non-bulk
packaging by adding a new paragraph (4) to include bags and boxes
conforming to the applicable requirements for specification packagings
in subpart L of part 178 of this subchapter, if they have a maximum net
mass of 400 kg (882 pounds) or less. Based on our review of the UN
Model Regulations, these are the only packagings affected by the UN
amendment as only bags and boxes are authorized by specification to
exceed 450 liters capacity.
    Radiation Detection System: Consistent with the UN Model
Regulations, in this NPRM, PHMSA proposes to define a radiation
detection system. A radiation detection system is an apparatus that
contains radiation detectors as components.
Section 171.23
    Section 171.23 prescribes requirements for specific materials and
packagings transported under various international standards. Section
171.22(b)(2) requires shipments made in accordance with an authorized
international standard or regulation to conform to all applicable
requirements of Subpart C of Part 171.
    Paragraph (b)(2) of this section provides the requirement that the
shipping paper description of items such as air bag inflators, air bag
modules, and seat-belt pretensioners conform to the requirements in
Sec.  173.166(c). Consistent with the UN Model Regulations, in this
NPRM, PHMSA proposes to revise the proper shipping name of these items
to read ``Safety device,'' with the addition of the term
``pyromechanical device'' being included as a ``Safety device.''
Paragraph (b)(2) is being revised to reference the new proper shipping
name, ``Safety device'' and the new term ``pyromechanical device.'' As
a consequence of the addition of the proper shipping name ``Safety
devices, pyrotechnic,'' and special provision 161 being removed,
paragraph (b)(2)(ii) is removed and reserved.
    Paragraph (11) of this section prescribes additional requirements
for shipments of radioactive materials made under authorized
international standards or regulations. In this NPRM, PHMSA is
proposing to incorporate by reference the 2012 IAEA SSR-6 regulations
to allow shipments to be offered for transportation or transported
under the most recent IAEA regulations. Several changes to the
definition of excepted fissile materials and the requirements for its
transport were adopted by the IAEA. Under their respective statutory
authorities, DOT and the Nuclear Regulatory Commission (NRC) jointly
regulate the transportation of radioactive materials to, from, and
within the United States. The NRC has not initiated any rulemaking
activities to address changes made by the IAEA regarding the
transportation of excepted fissile materials. In order to maintain
uniform treatment for shippers of excepted fissile materials, PHMSA is
amending Sec.  171.23 to require that shipments of excepted fissile
materials offered in accordance with the IAEA SSR-6 regulations must
also conform to the requirements of Sec.  173.453.
Section 171.24
    Section 171.24 details additional requirements for the use of the
ICAO TI. In this NPRM, PHMSA is proposing to amend the marking
requirement for packages containing primary lithium batteries and cells
that meet the exceptions in paragraph (d)(1)(ii). Packages meeting
these exceptions currently are required to be marked with an indication
that they contain lithium batteries, and that these lithium batteries
are forbidden for transport aboard passenger aircraft. PHMSA is
proposing to allow the message that these batteries are forbidden for
transport aboard passenger aircraft to be expressed through the current
marking or by using a CARGO AIRCRAFT ONLY label as shown in Sec.
172.448.
Section 171.25
    Section 171.24 details additional requirements for the use of the
IMDG Code. In this NPRM, PHMSA is proposing to amend the marking
requirement for packages containing primary lithium batteries and cells
that meet the exceptions in Sec.  173.185(c) in paragraph (b)(3).
Packages meeting these exceptions currently are required to be marked
with an indication that they contain lithium batteries, and that these
lithium batteries are forbidden for transport aboard passenger
aircraft. PHMSA is proposing to allow the message that these batteries
are forbidden for transport aboard passenger aircraft to be expressed
through the current marking or by using a CARGO AIRCRAFT ONLY label as
shown in Sec.  172.448.

Part 172

Section 172.101
    Section 172.101 provides instructions for using the Hazardous
Materials Table (HMT) and the HMT itself. In this NPRM, PHMSA is
proposing to revise the instructional text that precedes the HMT for
paragraph (k) of this section.
    Paragraph (k) of Sec.  172.101 explains the purpose of column (10)
of the HMT and prescribes the vessel stowage and segregation for
specific entries in the HMT. Column (10) is divided into two columns:
Column (10A) [Vessel stowage] specifies the authorized stowage
locations on board cargo and passenger vessels and column (10B) [Other
provisions] specifies special stowage and segregation provisions. PHMSA
is proposing to amend this instructional text to note that the codes in
column 10B address not only codes for stowage requirements, but also,
in certain instances, handling requirements that need to be observed
during loading of the hazardous materials. The IMO, in amendment 37-14
of the IMDG Code, has split their stowage and segregation column (16)
in the dangerous goods list into two columns and assigned codes to the
existing stowage, handling, and segregation text. The new first column
(16a) in the IMDG Code is entitled stowage and handling, and the second
column (16b) is titled segregation. PHMSA is proposing to maintain the
HMR's current column 10A and 10B system, with text in this section and
Sec.  176.84 indicating that handling/loading of hazardous materials is
also covered by certain codes in column 10B. See Section 176.84 other
requirements for stowage, cargo handling, and segregation for cargo
vessels and passenger vessels for a detailed discussion of proposed
changes.
Hazardous Materials Table (HMT)
    In this NPRM, PHMSA is proposing to amend the HMT. Readers should
review all changes for a complete understanding of the amendments. For
purposes of the Government Printing Office's typesetting procedures,
proposed changes to the HMT appear under three sections of the Table,
``remove,'' ``add,'' and ``revise.'' Certain entries in the HMT, such
as those with revisions to the proper shipping names, appear as a
``remove'' and ``add.'' Proposed amendments to the HMT include the
following:
New HMT Entries
UN3507 Uranium hexafluoride, radioactive material, excepted

package, less than 0.1 kg per package, non-fissile or fissile-excepted

    This new HMT entry addresses small quantities of uranium
hexafluoride having corrosive properties by assigning the material to
Class 8 with a subsidiary risk of Class 7 since this would be more
consistent with the general rule of classification of radioactive
material in limited quantities possessing other hazards per Sec.
173.423. Shipments must comply with new special provision 369 and
requirements found in Sec.  173.420(d).

UN3508 Capacitor, asymmetric with an energy storage capacity greater
than 0.3Wh

    This new HMT entry is intended to cover asymmetric capacitors with
an energy storage capacity greater than 0.3 Wh. Asymmetric capacitors
are assigned as a Class 9 miscellaneous hazardous.

UN3510 Adsorbed gas, flammable, n.o.s.
UN3511 Adsorbed gas, n.o.s.
UN3512 Adsorbed gas, toxic, n.o.s.
UN3513 Adsorbed gas, oxidizing, n.o.s.
UN3514 Adsorbed gas, toxic, flammable, n.o.s.
UN3515 Adsorbed gas, toxic, oxidizing, n.o.s.
UN3516 Adsorbed gas, toxic, corrosive, n.o.s.
UN3517 Adsorbed gas, toxic, flammable, corrosive, n.o.s.
UN3518 Adsorbed gas, toxic, oxidizing, corrosive, n.o.s.
UN3519 Boron trifluoride, adsorbed
UN3520 Chlorine, adsorbed
UN3521 Silicon tetrafluoride, adsorbed
UN3522 Arsine, adsorbed
UN3523 Germane, adsorbed
UN3524 Phosphorus pentafluoride, adsorbed
UN3525 Phosphine, adsorbed
UN3526 Hydrogen selenide, adsorbed

    The ``Adsorbed gas'' HMT entries are added to address shipments of
gas, which when packaged for transport, are adsorbed onto a solid
porous material in a pressure receptacle. Entries classified as
Division 2.3 gases are forbidden for transport by aircraft.
    Duplicate entries for UN0214 Trinitrobenzene, dry or wetted with
less than 30 percent water, by mass currently exist in the HMT; while
the UN1354 entry has been inadvertently overwritten by one of these
UN0214 entries in an unidentified previous rulemaking. PHMSA is
proposing to remove one of the duplicate UN0214 entries, and to
reinsert the correct UN1354 entry.
    During the course of reviewing Column 10B (Vessel stowage Other
codes) for harmonization with changes made in the 37-14 IMDG Code,
PHMSA noticed that the entry for UN3231 Self-reactive liquid type B,
temperature controlled is not currently listed in the HMR. This is
believed to be the result of an inadvertent deletion in an unidentified
rulemaking. PHMSA is proposing to reinstate the HMT entry for UN3231.
Amendments to the Column (1) Symbols
    Section 172.101(b) describes column (1) of the HMT and the
associated symbols that may be indicated in the column. In accordance
with Sec.  172.101(b), the symbol ``G'' identifies proper shipping
names for which one or more technical names of the hazardous material
must be entered in parentheses in association with the basic
description on a shipping paper. The symbol ``I'' indicates these
proper shipping names are appropriate for describing materials in
international transportation, but that an alternate proper shipping
name may be selected when only domestic transportation is involved.
    In this NPRM PHMSA is proposing to add international proper
shipping names for ``Asbestos, amphibole (amosite, tremolite,
actinolite, anthophyllite, crocidolite)'' and ``Asbestos, chrysotile'',
and remove shipping descriptions for Blue, Brown, and White Asbestos.
These new international proper shipping names for ``Asbestos,
amphibole'' and ``Asbestos, chrysotile'' are proposed to have an ``I''
assigned in column one. PHMSA is also proposing to assign a ``G'' to
the ``Asbestos, amphibole'' entry. The ``G'' indicates that the
technical name(s) of the hazardous material must be entered in
parentheses, in association with the basic description. In the case of
this proposed proper shipping name, the technical name shown should be
selected from the list of five different minerals (amosite, tremolite,
actinolite, anthophyllite, crocidolite) indicated in italics after the
proper shipping name. See the amendments to column (2) of the HMT for
additional discussion regarding the revision of the proper shipping
names for these entries.
Amendments to the Column (2) Hazardous Materials Descriptions and
Proper Shipping Names
    Section 172.101(c) describes column (2) of the HMT and the
requirements for hazardous materials descriptions and proper shipping
names.
    The proper shipping name for ``UN0222, Ammonium nitrate, with more
than 0.2 percent combustible substances, including any organic
substance calculated as carbon, to the exclusion of any other added
substance'' is amended by removing the italicized text and placing the
text into the new special provision 370.
    The proper shipping name for ``UN1942, Ammonium nitrate, with not
more than 0.2% combustible materials, including any organic substance,
calculated as carbon to the exclusion of any other added substance'' is
amended by replacing the word ``materials'' in italicized text with
``substances'' and the comma following ``substance'' is placed after
the word ``carbon.'' Due to the present placement of the comma in the
description for the two ammonium nitrate entries, the 0.2% combustible
materials/substances are measured differently. This amendment ensures
that the 0.2% combustible level is calculated as carbon in the case of
organic substances.
    Two new proper shipping names ``Asbestos, amphibole (amosite,
tremolite, actinolite, anthophyllite, crocidolite)'' and ``Asbestos,
chrysotile'' are proposed to be assigned to identification numbers
UN2212 and UN2590, respectively. These new proper shipping names more
appropriately describe the material than the present ``UN2212, Blue
asbestos (Crocidolite) or Brown asbestos (amosite, mysorite)'' and
``UN2590, White asbestos (chrysotile, actinolite, anthophyllite,
tremolite).'' In the scientific community, Asbestos is divided into two
chemical group names, ``Amphiboles'' and ``Chrysotile''. The amphibole
group includes five different minerals (amosite, tremolite, actinolite,
anthophyllite, crocidolite). The chrysotile group includes only the
mineral chrysotile.
    The proper shipping name for ``UN3499, Capacitor, electric double
layer (with an energy storage capacity greater than 0.3 Wh)'' is
amended by placing the phrase ``electric double layer'' in Roman type.
This amendment is necessary to differentiate this HMT entry from the
new HMT entry, Capacitor, asymmetric.
    A new proper shipping name ``Safety devices, electrically
initiated'' is proposed to be assigned to identification number UN3268.
Current proper shipping names assigned to UN3268 are ``Air bag
inflators, or Air bag modules, or Seat-belt pretensioners.'' The
proposed proper shipping name more appropriately describes materials
authorized under this HMT entry in conjunction with the proposed
revision to special provision 160 to include a number of automotive
industry life-saving appliances that are actuated by the electric
signal of the crash sensor.

    A new proper shipping name ``Safety devices, pyrotechnic'' is
proposed to be assigned to identification number UN0503. The current
proper shipping names assigned to UN0503 are ``Air bag inflators, or
Air bag modules, or Seat-belt pretensioners.'' The proposed proper
shipping name more appropriately describes Class 1 materials authorized
under this HMT entry.
    The proper shipping name for ``UN1082, Trifluorochloroethylene,
stabilized'' is amended by adding ``Refrigerant gas R 1113'' as an
alternative proper shipping name for consistency with the Dangerous
Goods Lists of the various international standards and the HMT of the
HMR. The proposed proper shipping name for UN1082 is

``Trifluorochloroethylene, stabilized or Refrigerant gas R 1113''
Amendments to Column (5) Packing Group
    Section 172.101(f) describes Column (5) of the HMT and the
designation of the packing group(s) assigned to each proper shipping
name.
    For the entries ``UN3316, Chemical kits'' and ``UN3316, First aid
kits'' the Packing Groups II and III designations are proposed. The
assignment of packing groups to these entries are not a new
requirement; however, including packing group assignments in the HMT
will ensure that shippers are aware that the most stringent packing
group must be assigned to any individual substance in the kit in
accordance 173.161(a)(2).
    The HMT entries for several articles are revised to remove packing
group assignments. For articles, the packing group does not relate to
the degree of hazard posed by the material but rather is assigned
generically to the article. There is limited value in requiring an
indication of the packing group in association with the shipment.
Currently and without specific rationale, some articles are assigned
packing groups while others are not. This proposed change provides a
level of consistency for all articles specifically listed in the HMT.
In this NPRM, PHMSA is proposing to remove packing group assignments
from the following HMT entries:

------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Ammunition, tear-producing, non-explosive, without                UN2017
 burster or expelling charge, non-fuzed.................
Ammunition, toxic, non-explosive, without burster or              UN2016
 expelling charge, non-fuzed............................
Batteries, containing sodium............................          UN3292
Lithium ion batteries including lithium ion polymer               UN3480
 batteries..............................................
Lithium ion batteries contained in equipment including            UN3481
 lithium ion polymer batteries..........................
Lithium ion batteries packed with equipment including             UN3481
 lithium ion polymer batteries..........................
Lithium metal batteries including lithium alloy                   UN3090
 batteries..............................................
Lithium metal batteries contained in equipment including          UN3091
 lithium alloy batteries................................
Lithium metal batteries packed with equipment including           UN3091
 lithium alloy batteries................................
Mercury contained in manufactured articles..............          UN3506
Oxygen generator, chemical (including when contained in           UN3356
 associated equipment, e.g., passenger service units
 (PSUs), portable breathing equipment (PBE), etc).......
Safety devices, electrically initiated *................          UN3268
Tear gas candles........................................          UN1700
------------------------------------------------------------------------
* See amendments to Column 2.

Amendments to the Column (7) Special Provisions
    Section 172.101(h) describes Column (7) of the HMT and Sec.
172.102(c) the special provisions assigned to specific entries in the
HMT. The particular modifications to the entries in the HMT are
discussed below. See Section 172.102 special provisions for a detailed
discussion of the proposed additions, revisions, and deletions to the
special provisions addressed in this NPRM.
    In this NPRM, special provision 134 is added to the HMT entry
``UN3072, Life-saving appliances, not self-inflating containing
dangerous goods as equipment.'' The addition of this special provision
will clarify that equipment containing only lithium batteries must be
consigned under the entries ``Lithium batteries contained in
equipment'' or ``Lithium batteries packed with equipment,'' as
appropriate.
    Several HMT entries are revised to include new special provision
367. Special provision 367 authorizes the use of the ``Paint related
material'' entries for consignments of packages containing ``Paint''
and ``Paint related material'' in the same package. This special
provision also authorizes the proper shipping name ``Printing ink
related material'' for consignments of packages containing ``Printing
Ink'' and ``Printing ink related material'' in the same package.
    In this NPRM, new special provision 367 is proposed to be assigned
to the following entries:

------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Paint including paint, lacquer, enamel, stain, shellac            UN1263
 solutions, varnish, polish, liquid filler, and liquid
 lacquer base...........................................
Paint or Paint related material.........................          UN3066
Paint, corrosive, flammable (including paint, lacquer,            UN3470
 enamel, stain, shellac solutions, varnish, polish,
 liquid filler, and liquid lacquer base)................
Paint, flammable, corrosive, (including paint, lacquer,           UN3469
 enamel, stain, shellac, varnish, polish, liquid filler
 and liquid lacquer base)...............................
Paint related material including paint thinning, drying,          UN1263
 removing, or reducing compound.........................
Paint related material corrosive, flammable (including            UN3470
 paint thinning or reducing compound)...................
Paint related material, flammable, corrosive (including           UN3469
 paint thinning or reducing compound)...................
Printing ink, flammable or Printing ink related material          UN1210
 (including printing ink thinning or reducing compound),
 flammable..............................................
------------------------------------------------------------------------

    In this NPRM, we propose to add new special provision 368 to the
HMT entry ``UN2910, Radioactive material, excepted package-limited
quantity of material.''

    In this NPRM, new special provision 369 is proposed to be assigned
to the new HMT entry ``UN3507, Uranium hexafluoride, radioactive
material, excepted package, less than 0.1 kg per package, non-fissile
or fissile-excepted.''
    In this NPRM, new special provision 370 is proposed to be assigned
to the HMT entry ``UN0222, Ammonium nitrate.'' This special provision
contains qualifying language that previous to this NPRM, was part of
the proper shipping name for UN0222.
    In this NPRM, new special provision 371 is proposed to be assigned
to the HMT entry ``UN3164, Articles, pressurized pneumatic or hydraulic
containing non-flammable gas.''
    In this NPRM, new special provision 375 is proposed to be assigned
to the HMT entries ``UN3077, Environmentally hazardous substance,
solid, n.o.s.'' and ``UN3077, Environmentally hazardous substance,
liquid, n.o.s.''
    In this NPRM, for the HMT Packing Group III entry ``UN3089, Metal
powders, flammable, n.o.s.'' special provision IB6 is replaced with IB8
and special provisions IP2, and IP4 are added. IB8 is presently
assigned to the Packing Group II entry, therefore, fiberboard, wooden
and flexible IBCs are allowed for the Packing Group II materials, but
are forbidden for the less dangerous Packing Group III substance. These
proposed revisions will correct the inconsistency.
    In this NPRM, new special provision A61 is proposed to be assigned
to the HMT entries ``UN 3107, Organic peroxide type E, liquid'' and
``UN 3109, Organic peroxide type F, liquid''.
    Several HMT entries are revised to include new portable tank
special provision TP47. Special provision TP47 indicates that the 2.5
year internal portable tank examination may be waived or substituted by
other test methods or inspection procedures specified by the competent
authority or its authorized body, provided that the portable tank is
dedicated to the transport of the organometallic substances to which
this tank special provision is assigned. However, this examination is
required when the conditions of Sec.  180.605(f) are met.
    In this NPRM, new special provision TP47 is proposed to be assigned
to the following entries:

------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Organometallic substance, liquid, pyrophoric, water-              UN3394
 reactive...............................................
Organometallic substance, liquid, water-reactive........          UN3398
Organometallic substance, liquid, water-reactive,                 UN3399
 flammable..............................................
Organometallic substance, solid, pyrophoric, water-               UN3393
 reactive...............................................
Organometallic substance, solid, water-reactive.........          UN3395
Organometallic substance, solid, water-reactive,                  UN3396
 flammable..............................................
Organometallic substance, solid, water-reactive, self-            UN3397
 heating................................................
------------------------------------------------------------------------

    Amendments to the Column (9) Quantity Limitations.
    Section 172.101(j) describes Column (9) of the HMT and the quantity
limitations for specific entries in the HMT. Furthermore, Columns (9A)
and (9B) specify the maximum quantities that may be offered for
transportation in one package by passenger-carrying aircraft or
passenger-carrying rail car (Column (9A)) or by cargo-only aircraft
(Column (9B)). The indication of ``forbidden'' means the material may
not be offered for transportation or transported in the applicable mode
of transport.
    For the entry ``UN3497, Krill meal'' quantity limits of 15 kg and
50 kg for PG II, and 25 kg and 100 kg for PG III, are proposed for
columns (9A) and (9B) respectively. Previously, there was no limit to
the amount authorized to be shipped in one package. These new quantity
limits are consistent with authorized quantity limits found in the ICAO
TI.
    At the 24th meeting the ICAO DGP, it was agreed to incorporate
certain UN numbers contained in the UN Model Regulations, but not
currently listed in the ICAO TI. For the entry ``UN2216, Fish meal,
stabilized or Fish scrap, stabilized,'' the panel determined that it
should be forbidden for transport on both cargo and passenger aircraft.
Under the HMR, this entry is assigned a ``W'' in Column (1) meaning
that the material is only subject to the requirements when offered or
intended for transport by vessel. Because of this discrepancy, in this
NPRM, PHMSA is soliciting public comment on any potential action to
align with the ICAO TI (including potentially adding ``A'' to column
one and forbidding this entry aboard both cargo and passenger aircraft)
and what potential benefit or burden a change to these quantity limits
for UN2216 could potentially impose upon shippers and air operators.
    Amendments to the Column (10) vessel stowage requirements.
    Vessel stowage location (10B).
    Section 172.101(k) explains the purpose of column (10) of the HMT
and prescribes the vessel stowage and segregation requirements for
specific entries in the HMT. Column (10) is divided into two columns:
Column (10A) [Vessel stowage] specifies the authorized stowage
locations on board cargo and passenger vessels and column (10B) [Other
provisions] specifies special stowage and segregation provisions.
    The IMO, in amendment 37-14 of the IMDG Code, split their stowage
and segregation column (16) in the dangerous goods list into two
columns and assigned codes to the existing stowage, handling, and
segregation text. The new first column (16a) in the IMDG Code is titled
stowage and handling, and the second column (16b) is titled
segregation. PHMSA is proposing to maintain the HMT's current column
10A and 10B, while also harmonizing our vessel stowage codes in columns
10A and 10B as closely as possible with those in amendment 37-14 of the
IMDG Code. There are several instances where PHMSA is proposing to
maintain additional codes (see UN numbers 0019, 0020, 0021, 0301, 0303,
1017, 1131, 1389, 1392, 1420, 1422, 1780, 1942, 1950, 2679, 2912, 3015,
3071, 3101-3106, 3108-3110, 3242, 3323, and 3497) that vary from IMDG
Code stowage and segregation requirements. These additional stowage and
segregation provisions vary by UN number, but are considered additional
precautions deemed necessary to ensure the safe transport of these
commodities during transportation by vessel. PHMSA welcomes comments on
the continued need and or the impact of maintaining this limited number
of domestic variations from the international stowage, handling, and
segregation requirements.
    During the preparation of this NPRM, PHMSA and the United States
Coast Guard conducted an extensive review of all HMT entries to verify
that domestic entries correspond as closely as possible with the
provisions found in the IMDG Code. PHMSA is proposing numerous changes
to the codes found in the HMT's column 10B [Other provisions] as a
result of this review. The majority

of the changes are a result of work done at the IMO to eliminate
duplicate and unnecessary provisions. Some of the proposed changes to
column 10B are proposed to harmonize existing differences in stowage,
handling, and segregation provisions between the HMR and the IMDG Code.
Recognizing that there are both shippers and carriers that only offer
hazardous materials by vessel domestically, PHMSA seeks comments on the
costs and benefits to these domestic shippers and carriers of
harmonizing the stowage provisions of the HMR with the provisions of
the IMDG Code as proposed in this NPRM. PHMSA also solicits comments on
the costs and benefits were we to maintain domestic stowage differences
within the HMR. A table of proposed changes, listed in alphabetical
order, showing the proper shipping name, UN identification number, any
stowage codes proposed for removal, and any stowage codes proposed for
addition is provided below. If a column is blank, no changes are
proposed. The meaning of the codes in column 10B can be found either in
Sec.  176.84 or are listed in the Sec.  176.84 Section-by-Section
change portion of this NPRM.

----------------------------------------------------------------------------------------------------------------
                                                                  Proposed          Proposed
              Proper shipping name                UN ID No.       removals          additions
------------------------------------------------------------------------------------------------
Aircraft hydraulic power unit fuel tank........       UN3165  ................   21, 40, 49, 100
Acrylamide, solid..............................       UN2074  ................                25
Acrylamide solution............................       UN3426  ................                25
Aldol..........................................       UN2839  ................                25
Alkali metal alloys, liquid, n.o.s.............       UN1421  ................           13, 148
Alkali metal amalgam, liquid...................       UN1389  ................           13, 148
Alkali metal amalgam, solid....................       UN3401  ................           13, 148
Alkali metal amides............................       UN1390  ................           13, 148
Alkali metal dispersions, flammable or Alkaline       UN3482  ................           13, 148
 earth metal dispersions, flammable............
Alkali metal dispersions, or Alkaline earth           UN1391  ................           13, 148
 metal dispersions.............................
Alkaline earth metal alloys, n.o.s.............       UN1393  ................           13, 148
Alkaline earth metal amalgams, liquid..........       UN1392  ................           13, 148
Alkaline earth metal amalgams, solid...........       UN3402  ................           13, 148
Allyl chloroformate............................       UN1722  ................           21, 100
Aluminum borohydride or Aluminum borohydride in       UN2870  ................           13, 148
 devices.......................................
Aluminum carbide...............................       UN1394  ................           13, 148
Aluminum ferrosilicon powder (PG II and III)...       UN1395  ................           13, 148
Aluminum hydride...............................       UN2463  ................           13, 148
Aluminum phosphide.............................       UN1397  ................           13, 148
Aluminum powder, coated (PG II and III)........       UN1309  ................      13, 147, 148
Aluminum powder, uncoated (PG II and III)......       UN1396  ................           13, 148
Aluminum silicon powder, uncoated..............       UN1398  ................           13, 148
Aluminum smelting by-products or Aluminum             UN3170  ................           13, 148
 remelting by-products (PG II and III).........
N-Aminoethylpiperazine.........................       UN2815  ................                25
Aminopyridines (o-; m-; p-)....................       UN2671  ................                25
Ammonium nitrate based fertilizer..............       UN2067  ................               124
Ammonium nitrate, liquid.......................       UN2426  ................               124
Ammonium nitrate...............................       UN1942  ................           66, 124
Ammonium polysulfide, solution (PG II and III).       UN2818  ................                25
Ammonium sulfide solution......................       UN2683  ................                25
Anisoyl chloride...............................       UN1729  ................                40
Antimony pentafluoride.........................       UN1732  ................                40
Arsenic bromide................................       UN1555  ................                25
Barium.........................................       UN1400  ................           13, 148
Barium alloys, pyrophoric......................       UN1854  ................           13, 148
Barium azide, wetted...........................       UN1571  ................                36
Barium peroxide................................       UN1449                56           66, 148
Batteries, containing sodium...................       UN3292  ................           13, 148
Beryllium, powder..............................       UN1567  ................      13, 147, 148
Boron tribromide...............................       UN2692  ................                25
Boron trifluoride dehydrate....................       UN2851  ................                25
Boron trifluoride dimethyl etherate............       UN2965  ................                25
Bromoform......................................  ...........  ................                25
Bromine........................................       UN1744  ................                25
Bromine solutions (both PG I entries)..........       UN1744  ................                25
Bromobenzyl cyanides, liquid...................       UN1694  ................                25
Bromobenzyl cyanides, solid....................       UN3449  ................                25
tert-Butyl hypochlorite........................       UN3255  ................                40
Butyl mercaptan................................       UN2347  ................               102
5-tert-Butyl-2,4,6-trinitro-m-xylene or Musk          UN2956  ................                40
 xylene........................................
Butyric acid...................................       UN2820  ................                25
Calcium........................................       UN1401  ................           13, 148
Calcium carbide (PG I and II)..................       UN1402  ................           13, 148
Calcium cyanamide with more than 0.1 percent of       UN1403  ................           13, 148
 calcium carbide...............................
Calcium hydride................................       UN1404  ................           13, 148
Calcium manganese silicon......................       UN2844  ................           13, 148
Calcium peroxide...............................       UN1457                56           66, 148
Calcium phosphide..............................       UN1360  ................           13, 148
Calcium, pyrophoric or Calcium alloys,                UN1855  ................           13, 148
 pyrophoric....................................
Calcium silicide (PG II and III)...............       UN1405  ................           13, 148

Carbon, activated..............................       UN1362  ................                25
Carbon (PG II and III).........................       UN1361  ................                25
Castor beans or Castor meal or Castor pomace or       UN2969  ................           44, 122
 Castor flake..................................
Cerium, slabs, ingots, or rods.................       UN1333  ................      13, 147, 148
Cerium, turnings or gritty powder..............       UN3078  ................           13, 148
Cesium or Caesium..............................       UN1407  ................           13, 148
Chloroacetonitrile.............................       UN2668  ................                25
Chloroacetophenone, liquid, (CN)...............       UN3416  ................                25
Chloroacetophenone, solid, (CN)................       UN1697  ................                25
Chlorocresols solution (PG II and III).........       UN3437  ................                25
Chloromethyl chloroformate.....................       UN2745           21, 100                12
Chloronitrobenzenes, liquid....................       UN3409  ................  44, 89, 100, 141
Chlorosilanes, water-reactive, flammable,             UN2988  ................      13, 147, 148
 corrosive, n.o.s..............................
Corrosive liquids, water-reactive, n.o.s. (PG I       UN3094  ................           13, 148
 and II).......................................
Corrosive solids, toxic, n.o.s. (PG III).......       UN2923                95  ................
Corrosive solids, water-reactive, n.o.s. (PG I,       UN3096  ................           13, 148
 II, and III)..................................
Crotonic acid, liquid..........................       UN3472  ................                25
Crotonic acid, solid...........................       UN2823  ................                25
Cyanogen bromide...............................       UN1889  ................                52
Cyanuric chloride..............................       UN2670  ................                25
Cyclohexyl mercaptan...........................       UN3054  ................               102
1,1-Dichloro-1-nitroethane.....................       UN2650  ................                25
1,3-Dichloroacetone............................       UN2649  ................                25
1,3-Dichloropropanol-2.........................       UN2750  ................                25
Diethylthiophosphoryl chloride.................       UN2751  ................                25
Dipicryl sulfide, wetted.......................       UN2852  ................                36
2-Ethylhexyl chloroformate.....................       UN2748           21, 100  ................
Ferrocerium....................................       UN1323  ................      13, 147, 148
Ferrosilicon with 30 percent or more but less         UN1408  ................           13, 148
 than 90 percent silicon.......................
Ferrous metal borings or Ferrous metal shavings       UN2793  ................           13, 148
 or Ferrous metal turnings or Ferrous metal
 cuttings in a form liable to self-heating.....
Fuel cell cartridges or Fuel cell cartridges          UN3476  ................           13, 148
 contained in equipment or Fuel cell cartridges
 packed with equipment, containing water-
 reactive substances...........................
Hafnium powder, dry (PG I, II, and III)........       UN2545  ................           13, 148
Hexachlorocyclopentadiene......................       UN2646  ................                25
Hexamethylenediamine, solid....................       UN2280  ................                25
Hydrofluoric acid, with more than 60 percent          UN1790  ................                25
 strength......................................
Hydrofluoric acid, with not more than 60              UN1790  ................                25
 percent strength..............................
Hydrogen, refrigerated liquid (cryogenic              UN1966  ................                57
 liquid).......................................
Hypochlorites, inorganic, n.o.s................       UN3212               106  ................
Iron oxide, spent, or Iron sponge, spent              UN1376  ................           13, 148
 obtained from coal gas purification...........
Isopropyl chloroformate........................       UN2407  ................           21, 100
Life-saving appliances, not self inflating.....       UN3072  ................               122
Life-saving appliances.........................       UN2990  ................               122
Lithium........................................       UN1415  ................           13, 148
Lithium aluminum hydride.......................       UN1410  ................           13, 148
Lithium aluminum hydride, ethereal.............       UN1411  ................           13, 148
Lithium borohydride............................       UN1413  ................           13, 148
Lithium ferrosilicon...........................       UN2830  ................           13, 148
Lithium hydride................................       UN1414  ................           13, 148
Lithium hydride, fused solid...................       UN2805  ................           13, 148
Lithium peroxide...............................       UN1472  ................           13, 148
Lithium silicon................................       UN1417  ................           13, 148
Magnesium aluminum phosphide...................       UN1419  ................           13, 148
Magnesium diamide..............................       UN2004  ................           13, 148
Magnesium granules, coated, particle size not         UN2950  ................           13, 148
 less than 149 microns.........................
Magnesium hydride..............................       UN2010  ................           13, 148
Magnesium or Magnesium alloys with more than 50       UN1869  ................      13, 147, 148
 percent magnesium in pellets, turnings or
 ribbons.......................................
Magnesium peroxide.............................       UN1476  ................           13, 148
Magnesium phosphide............................       UN2011  ................           13, 148
Magnesium, powder or Magnesium alloys, powder         UN1418  ................           13, 148
 (PG I, II, and III)...........................
Magnesium silicide.............................       UN2624  ................           13, 148
Maleic anhydride...............................       UN2215  ................           95, 102
Maleic anhydride, molten.......................       UN2215  ................           95, 102
Malononitrile..................................       UN2647  ................                25
Maneb or Maneb preparations with not less than        UN2210  ................           13. 148
 60 percent maneb..............................
Maneb stabilized or Maneb preparations,               UN2968  ................           13, 148
 stabilized against self-heating...............
Metal powders, flammable, n.o.s. (PG II and           UN3089  ................                74
 III)..........................................
Mercaptans, liquid, flammable, n.o.s. or              UN3336  ................               102
 Mercaptan mixture, liquid, flammable, n.o.s.
 (PG I, II, and III)...........................
Mercaptans, liquid, flammable, toxic, n.o.s. or       UN1228  ................               102
 Mercaptan mixtures, liquid, flammable, toxic,
 n.o.s. (PG II and III)........................

Mercaptans, liquid, toxic, flammable, n.o.s. or       UN3071  ................               102
 Mercaptan mixtures, liquid, toxic, flammable,
 n.o.s., flash point not less than 23 degrees C
Metal catalyst, dry (PG I, II, and III)........       UN2881  ................      13, 147, 148
Metal hydrides, water reactive, n.o.s. (PG I          UN1409  ................           13, 148
 and II).......................................
Metal powder, self-heating, n.o.s. (PG II and         UN3189  ................      13, 147, 148
 III)..........................................
Metal powders, flammable, n.o.s. (PG II and           UN3089  ................  13, 74, 147, 148
 III)..........................................
Metallic substance, water-reactive, n.o.s. (PG        UN3208  ................           13, 148
 I, II, and III)...............................
Metallic substance, water-reactive, self-             UN3209  ................           13, 148
 heating, n.o.s. (PG I, II, and III)...........
Methyl iodide..................................       UN2644  ................                25
Methyl magnesium bromide, in ethyl ether.......       UN1928  ................           13, 148
Methyl vinyl ketone, stabilized................  ...........  ................           21, 100
Organic peroxide type B, liquid................       UN3101                40                25
Organic peroxide type B, liquid, temperature          UN3111                40                25
 controlled....................................
Organic peroxide type B, solid.................       UN3102                40                25
Organic peroxide type B, solid, temperature           UN3112                40                25
 controlled....................................
Organic peroxide type C, liquid................       UN3103                40                25
Organic peroxide type C, liquid, temperature          UN3113                40                25
 controlled....................................
Organic peroxide type C, solid.................       UN3104                40                25
Organic peroxide type C, solid, temperature           UN3114                40                25
 controlled....................................
Organic peroxide type D, liquid................       UN3105                40                25
Organic peroxide type D, liquid, temperature          UN3115                40                25
 controlled....................................
Organic peroxide type D, solid.................       UN3106                40                25
Organic peroxide type D, solid, temperature           UN3116                40                25
 controlled....................................
Organic peroxide type E, liquid................       UN3107                40                25
Organic peroxide type E, liquid, temperature          UN3117                40                25
 controlled....................................
Organic peroxide type E, solid.................       UN3108                40                25
Organic peroxide type E, solid, temperature           UN3118                40                25
 controlled....................................
Organic peroxide type F, liquid................       UN3109                40                25
Organic peroxide type F, liquid, temperature          UN3119                40                25
 controlled....................................
Organic peroxide type F, solid.................       UN3110                40                25
Organic peroxide type F, solid, temperature           UN3120                40                25
 controlled....................................
Organometallic substance, liquid, pyrophoric...       UN3392  ................           13, 148
Organometallic substance, liquid, pyrophoric,         UN3394  ................       13, 52, 148
 water-reactive................................
Organometallic substance, liquid, water-              UN3398  ................           13, 148
 reactive (PG I, II, and III)..................
Organometallic substance, liquid, water-              UN3399  ................           13, 148
 reactive, flammable (PG I, II, and III).......
Organometallic substance, solid, pyrophoric,          UN3393  ................           13, 148
 water-reactive................................
Organometallic substance, solid, water-reactive       UN3395  ................           13, 148
 (PG I, II, and III)...........................
Organometallic substance, solid, water-               UN3396  ................           13, 148
 reactive, flammable (PG I, II, and III).......
Organometallic substance, solid, water-               UN3397  ................           13, 148
 reactive, self-heating (PG I, II, and III)....
Oxidizing liquid, corrosive, n.o.s. (PG I).....       UN3098               106  ................
Oxidizing liquid, corrosive, n.o.s. (PG II and        UN3098           106, 34  ................
 III)..........................................
Oxidizing liquid, n.o.s. (PG I, II, and III)...       UN3139               106  ................
Oxidizing liquid, toxic, n.o.s. (PG I, II, and        UN3099               106  ................
 III)..........................................
Oxidizing solid, corrosive, n.o.s. (PG I, II,         UN3085               106  ................
 and III)......................................
Oxidizing solid, flammable, n.o.s..............       UN3137  ................      13, 147, 148
Oxidizing solid, toxic, n.o.s. (PG I)..........       UN3087               106  ................
Oxidizing solid, toxic, n.o.s. (PG II and III).       UN3087           95, 106  ................
Oxidizing solid, water reactive, n.o.s.........       UN3121  ................           13, 148
Pentaborane....................................       UN1380  ................           13, 148
Peroxides, inorganic, n.o.s. (PG II and III)...       UN1483  ................               148
Persulfates, inorganic, aqueous solution, n.o.s       UN3216  ................                58
Pesticides, liquid, flammable, toxic, flash           UN3021  ................                40
 point less than 23 degrees C (PG I and II)....
Phenyl chloroformate...........................       UN2746            21, 10  ................
Phosphorus heptasulfide, free from yellow or          UN1340  ................      13, 147, 148
 white phosphorus..............................
Phosphorus oxybromide..........................       UN1939  ................                25
Phosphorus pentabromide........................       UN2691  ................                25
Phosphorus trioxide............................       UN2578  ................                25
Phosphorus trisulfide, free from yellow or            UN1343  ................      13, 147, 148
 white phosphorus..............................
Piperazine.....................................       UN2579  ................                25
Potassium......................................       UN2257  ................           13, 148
Potassium borohydride..........................       UN1870  ................           13, 148
Potassium, metal alloys, liquid................       UN1420  ................           13, 148
Potassium, metal alloys, solid.................       UN3403  ................           13, 148
Potassium, metal alloys, solid.................       UN3403  ................       13, 52, 148
Potassium peroxide.............................       UN1491  ................               148
Potassium phosphide............................       UN2012  ................           13, 148
Potassium sodium alloys, liquid................       UN1422  ................           13, 148
Potassium sodium alloys, solid.................       UN3404  ................           13, 148
Potassium superoxide...........................       UN2466  ................           13, 148
Pyrophoric liquid, inorganic, n.o.s............       UN3194  ................           13, 148
Pyrophoric liquids, organic, n.o.s.............       UN2845  ................           13, 148
Pyrophoric metals, n.o.s., or Pyrophoric              UN1383  ................           13, 148
 alloys, n.o.s.................................
Pyrophoric solid, inorganic, n.o.s.............       UN3200  ................           13, 148

Pyrophoric solids, organic, n.o.s..............       UN2846  ................           13, 148
Quinoline......................................       UN2656  ................                25
Rubidium.......................................       UN1423  ................           13, 148
Seed cake with not more than 1.5 percent oil          UN2217  ................               120
 and not more than 11 percent moisture.........
Self-reactive liquid type B....................       UN3221  ................           25, 127
Self-reactive liquid type C....................       UN3223  ................                25
Self-reactive liquid type C, temperature              UN3233  ................                25
 controlled....................................
Self-reactive liquid type D....................       UN3225  ................                25
Self-reactive liquid type D, temperature              UN3235  ................                25
 controlled....................................
Self-reactive liquid type E....................       UN3227  ................                25
Self-reactive liquid type E, temperature              UN3237  ................                25
 controlled....................................
Self-reactive liquid type F....................       UN3229  ................                25
Self-reactive liquid type F, temperature              UN3239  ................                25
 controlled....................................
Self-reactive solid type B.....................       UN3222  ................           25, 127
Self-reactive solid type B, temperature               UN3232  ................                25
 controlled....................................
Self-reactive solid type C.....................       UN3224  ................                25
Self-reactive solid type C, temperature               UN3234  ................                25
 controlled....................................
Self-reactive solid type D.....................       UN3226  ................                25
Self-reactive solid type D, temperature               UN3236  ................                25
 controlled....................................
Self-reactive solid type E.....................       UN3228  ................                25
Self-reactive solid type E, temperature               UN3238  ................                25
 controlled....................................
Self-reactive solid type F.....................       UN3230  ................                25
Self-reactive solid type F, temperature               UN3240  ................                25
 controlled....................................
Sodium.........................................       UN1428  ................           13, 148
Sodium aluminum hydride........................       UN2835  ................           13, 148
Sodium borohydride.............................       UN1426  ................           13, 148
Sodium dinitro-o-cresolate, wetted.............       UN3369  ................                28
Sodium hydride.................................       UN1427  ................           13, 148
Sodium peroxide................................       UN1504  ................           13, 148
Sodium phosphide...............................       UN1432  ................           13, 148
Stannic phosphide..............................       UN1433  ................           13, 148
Strontium peroxide.............................       UN1509  ................           13, 148
Strontium phosphide............................       UN2013  ................           13, 148
Titanium powder, dry (PG I, II, and III).......       UN2546  ................           13, 148
Titanium sponge granules or Titanium sponge           UN2878  ................      13, 147, 148
 powders.......................................
Titanium trichloride, pyrophoric or Titanium          UN2441  ................           13, 148
 trichloride mixtures, pyrophoric..............
Toxic by inhalation liquid, water-reactive,           UN3385  ................           13, 148
 n.o.s. with an LC50 lower than or equal to 200
 ml/m\3\ and saturated vapor concentration
 greater than or equal to 500 LC50.............
Toxic by inhalation liquid, water-reactive,           UN3386  ................           13, 148
 n.o.s. with an LC50 lower than or equal to
 1,000 ml/m\3\ and saturated vapor
 concentration greater than or equal to 10 LC50
Toxic by inhalation liquid, water-reactive,           UN3490  ................           13, 148
 flammable, n.o.s. with an LC50 lower than or
 equal to 200 ml/m3 and saturated vapor
 concentration greater than or equal to 500
 LC50..........................................
Toxic by inhalation liquid, water-reactive,           UN3491  ................           13, 148
 flammable, n.o.s. with an LC50 lower or equal
 to 1000 ml/m3 and saturated vapor
 concentration greater than or equal to 10 LC50
Toxic liquid, corrosive, inorganic, n.o.s. (PG        UN3289  ................                40
 I and II).....................................
Toxic liquid, inorganic, n.o.s. (PG I, II, and        UN3287  ................                40
 III)..........................................
Toxic liquids, water-reactive, n.o.s. (PG I and       UN3123  ................           13, 148
 II)...........................................
Toxic solid, corrosive, inorganic, n.o.s. (PG I       UN3290  ................                40
 and II).......................................
Toxic solid, inorganic, n.o.s. (PG I, II, and         UN3288  ................                40
 III)..........................................
Toxic solids, water-reactive, n.o.s. (PG I and        UN3125  ................           13, 148
 II)...........................................
Trifluoroacetic acid...........................       UN2699  ................                25
Trimethylacetyl chloride.......................       UN2438  ................           21, 100
Trinitrobenzene, wetted, with not less than 10%       UN3367  ................                28
 water, by mass................................
Trinitrobenzoic acid, wetted with not less than       UN3368  ................                28
 10% water by mass.............................
Trinitrobenzoic acid, wetted with not less than       UN1355  ................                28
 30 percent water, by mass.....................
Trinitrochlorobenzene (picryl chloride),              UN3365  ................                28
 wetted, with not less than 10% water by mass..
Trinitrophenol (picric acid), wetted, with not        UN3364  ................                28
 less than 10 percent water by mass............
Trinitrotoluene (TNT), wetted, with not less          UN3366  ................                28
 than 10 percent water by mass.................
Urea nitrate, wetted, with not less than 10           UN3370  ................                28
 percent water by mass.........................
Vinylpyridines, stabilized.....................       UN3073  ................               100
Water-reactive liquid, corrosive, n.o.s. (PG I,       UN3129  ................           13, 148
 II, and III)..................................
Water-reactive liquid, n.o.s. (PG I, II, and          UN3148  ................           13, 148
 III)..........................................
Water-reactive liquid, toxic, n.o.s. (PG I, II,       UN3130  ................           13, 148
 and III)......................................
Water-reactive solid, corrosive, n.o.s. (PG I,        UN3131  ................           13, 148
 II, and III)..................................
Water-reactive solid, flammable, n.o.s. (PG I,        UN3132  ................           13, 148
 II, and III)..................................
Water-reactive solid, n.o.s. (PG I, II, and           UN2813  ................           13, 148
 III)..........................................
Water-reactive, solid, oxidizing, n.o.s. (PG II       UN3133  ................           13, 148
 and III)......................................
Water-reactive solid, self-heating, n.o.s. (PG        UN3135  ................           13, 148
 I, II, and III)...............................
Water-reactive solid, toxic, n.o.s. (PG I, II,        UN3134  ................           13, 148
 and III)......................................
Zinc ashes.....................................       UN1435  ................           13, 148
Zinc dithionite or Zinc hydrosulfite...........       UN1931                49       13, 26, 123
Zinc peroxide..................................       UN1516  ................           13, 148

Zinc phosphide.................................       UN1714  ................           13, 148
Zinc powder or Zinc dust (PG I, II, and III)...       UN1436  ................           13, 148
Zirconium, dry, coiled wire, finished metal           UN2858  ................      13, 147, 148
 sheets, strip (thinner than 254 microns but
 not thinner than 18 microns)..................
Zirconium, dry, finished sheets, strip or             UN2009  ................           13, 148
 coiled wire...................................
Zirconium powder, dry (PG I, II, and III)......       UN2008  ................           13, 148
Zirconium powder, wetted with not less than 25        UN1358  ................      13, 147, 148
 percent water (a visible excess of water must
 be present) (a) mechanically produced,
 particle size less than 53 microns; (b)
 chemically produced, particle size less than
 840 microns...................................
Zirconium scrap................................       UN1932  ................           13, 148
----------------------------------------------------------------------------------------------------------------

Appendix B to Sec.  172.101
    Appendix B to Sec.  172.101 lists Marine Pollutants regulated under
the HMR. In this NPRM, PHMSA is proposing to revise the List of Marine
Pollutants by adding sixty-two new entries consistent with the IMDG
Code. These changes are proposed to include those substances that, by
virtue of meeting the Group of Experts on the Scientific Aspects of
Marine Environmental Protection (GESAMP) defining criteria for marine
pollutants, were either assigned a ``P'' in the dangerous goods list or
identified in the alphabetical index to amendment 37-14 of the IMDG
Code. The entry ``Chlorotoluenes (meta-;para-)'' would be removed based
on its removal from the IMDG Code.
Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. PHMSA is
proposing the following revisions to Sec.  172.102, special provisions:
Special Provision 28
    Special provision 28 states that the dihydrated sodium salt of
dichloroisocyanuric acid is not subject to the HMR. In this NPRM, PHMSA
proposes to revise special provision 28 to convey that the dihydrated
sodium salt of dichloroisocyanuric acid does not meet the definition of
a Division 5.1 (oxidizer) and is not subject to the requirements of the
subchapter unless it meets the criteria for inclusion in another Class
or Division, such as Class 9, environmentally hazardous substance. Some
formulations of the dihydrated sodium salt of dichloroisocyanuric acid
meet the criteria for classification as an environmentally hazardous
substance.
Special Provision 52
    Special provision 52 authorizes use of the HMT entry ``UN2067,
Ammonium nitrate based fertilizer'' for substances that do not exhibit
explosive properties of Class 1 when tested in accordance with Test
Series 1 and 2 of the UN Manual of Tests and Criteria, Part I. In this
NPRM, PHMSA proposes to revise special provision 52 by removing the
requirement to test in accordance with Test Series 1 because Test
Series 2 determines whether such properties are indeed those of Class
1, not Test Series 1.
Special Provision 147
    This special provision describes the composition of the material
for which the use of the HMT entry ``UN3375, Ammonium nitrate emulsion
or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate
for blasting explosives'' is authorized and prohibits the material from
being classified and transported unless approved by the Associate
Administrator. Special provision 147 requires that these substances
must satisfactorily pass Test Series 8 of the UN Manual of Tests and
Criteria, Part I, Section 18. Test Series 8 contains four test types.
Tests 8(a), (b) and (c) are used for classification purposes while Test
8(d) is used to assess suitability for transport in portable tanks. The
use of this entry (UN 3375) therefore requires only that Tests 8(a),
(b) and (c) are satisfactorily passed. In this NPRM, PHMSA is proposing
to revise special provision 147 by clarifying that Tests 8(a), (b) and
(c), not the entire Test Series 8, are required for use in
classification and subsequent approval by the Associate Administrator.
Special Provision 160
    Special provision 160 is presently assigned to ``UN3268, Air bag
inflators, or Air bag modules, or Seat-belt pretensioners'' in Class 9.
Special provision 160 includes the requirement that air bag inflators
and modules must be tested in accordance with Test series 6 (c) of Part
I of the UN Manual of Tests and Criteria. In this NPRM, PHMSA is
proposing to revise special provision 160 in conjunction with revising
the proper shipping name for UN3268 to ``Safety devices, electrically
initiated.'' The entry is revised to clarify that it applies to safety
devices used in vehicles including vessels and aircraft, and
pyromechanical devices that are added to the list of authorized
devices. The development of safety products has seen significant
progress since the introduction of UN3268 and the range of current
products extends beyond what can presently be assigned to UN3268. Some
of the newer safety products include elements that are actuated by the
electrical signal of the crash sensor (e.g. pyromechanical devices).
Examples include: Devices that interrupt the electrical connection in
case of emergency by disconnecting the main power cable in the vehicle
from the battery to prevent short circuit and consequentially minimize
the risk of fire in the vehicle; and actuators which are used for
active headrests or for pedestrian protection to release special hinges
of the engine hood. In addition, PHMSA is proposing to clarify that
this entry does not apply to life saving appliances described in Sec.
173.219 (UN Nos. 2990 and 3072).
Special Provision 161
    Special provision 161 required that for domestic transportation the
alternate shipping description ``Articles, pyrotechnic for technical
purposes'' be used to describe air bag inflators, air bag modules and
seat-belt pretensioners (UN0503) meeting the criteria for a Division
1.4G explosive. This was done to ensure a different shipping name was
used to describe these articles to differentiate them from air bag
inflators, air bag modules and seat-belt pretensioners (UN3268) in
Class 9. In this NPRM, PHMSA proposes, consistent with the UN Model
Regulations, to adopt new proper shipping names for these items,
``Safety devices'' (UN3268) for these articles

assigned to Class 9, and ``Safety Devices, pyrotechnic'' (UN0503) for
these articles assigned to Division 1.4G. Since the proper shipping
names for these items would no longer the same, there would be no need
to use a different proper shipping name for these articles assigned to
Division 1.4G. Therefore the need for this special provision would be
obsolete and we propose to delete it from the regulations and to delete
its reference from the UN0503 entry in the HMT. Under this proposed
revision, for domestic transportation, air bag inflators, air bag
modules and seat-belt pretensioners (UN0503) meeting the criteria for a
Division 1.4G explosive, that are currently described as ``Articles,
pyrotechnic for technical purposes'' would be described as ``Safety
devices, pyrotechnic'' (UN0503).
Special Provision 238
    Special provision 238 addresses the shipment of neutron radiation
detectors. In this NPRM, PHMSA proposes to revise special provision 238
to align with the UN Model Regulations special provision 373 by
expanding the transport conditions for neutron radiation detectors and
radiation detection systems containing such detectors. Paragraph a. is
restructured into: (a)(1), General transport requirements; (a)(2),
requirements for radiation detectors transported as individual
components; and (a)(3), requirements for completed neutron radiation
detection systems containing detectors. Consistent with the UN Model
Regulations, PHMSA is proposing the following revisions to the
transport conditions: [1] In (a)(1), increase the total amount of gas
authorized per detector from 12.8 grams to 13 grams; clarify that the
minimum burst pressure is demonstrated by design type qualification
testing; and add a new leaktightness standard; [2] in (a)(2), clarify
that in addition to being packed in a strong outer package, that the
completed package must be capable of withstanding a drop of 1.8 meters
(6-foot) without leakage of gas contents; and increase the total amount
of gas from all detectors per outer packaging from 51.2 grams to 52
grams; and [3], in (a)(3), add a new requirement that for completed
neutron radiation detection systems, the detectors must be contained in
a strong sealed outer casing; and add a new requirement that the
completed system must be capable of withstanding a 1.8 meter (6-foot)
drop test without leakage unless a system's outer casing affords
equivalent protection.
Special Provision 342
    This special provision, assigned to ``UN1040, Ethylene oxide or
Ethylene oxide with nitrogen'' allows sterilization devices containing
ethylene oxide, conforming to the conditions in the special provision,
and packaged in accordance with Sec.  173.4a of the HMR to be offered
for transportation and transported by all modes even though Column (9A)
of the Sec.  172.101 HMT lists the material as forbidden by passenger
aircraft.
    Consistent with the ICAO TI, in this NPRM, PHMSA is proposing to
further clarify that irrespective of both Columns (9A) and (9B) of the
Sec.  172.101 HMT listing the material as forbidden, ethylene oxide
conforming to the conditions in the special provision is eligible for
air transport. Specifically, we are proposing to supplement the
language in this special provision ``irrespective of the restriction of
Sec.  173.4a(b)'' with ``and the indication of ``forbidden'' in columns
(9A) and (9B) of the Sec.  172.101 table.''
Special Provision 362
    Special provision 362 specifies when a material can be considered a
chemical under pressure. Specifically, the special provision states
that classification of these materials is to be based on hazard
characteristics of the components in the propellant, the liquid, or the
solid forms. In this NPRM, PHMSA proposes to revise special provision
362 by adding a new paragraph (f) to clarify that chemicals under
pressure containing components forbidden for transport on both
passenger and cargo aircraft must not be transported by air.
Special Provision 367
    A new special provision 367 is proposed to clarify that the proper
shipping name ``Paint related material'' or ``Printing ink related
material'' may be used for consignments of packages containing both
``Paint'' and ``Paint related material'' or ``Printing Ink'' and
``Printing ink related material'' in the same package and sharing the
same identification number (UN 1210, UN 1263, UN 3066, UN 3469, or UN
3470). For example, ``UN1263, Paint including paint, lacquer, enamel,
stain, shellac solutions, varnish, polish, liquid filler, and liquid
lacquer base'' and ``UN1263, Paint related material'' contained in the
same package, may be consigned under the entry ``UN1263, Paint related
material including paint thinning, drying, removing, or reducing
compound.'' Paint mainly consists of resin, pigment and solvent.
Thinning compound consists of solvent as well. Thus under the same UN
entry, there is no difference between ``Paint'' and ``Paint related
material'' with regard to transport requirements.
Special Provision 368
    In this NPRM, PHMSA proposes adding new special provision 368 and
assigning it to ``UN2910, Radioactive material, excepted package-
limited quantity of material'' to clarify that in the case of non-
fissile or fissile-excepted uranium hexafluoride, the material must be
classified under UN3507 or UN2978.''
Special Provision 369
    The 18th Revised Edition of the UN Model Regulations has adopted a
new proper shipping name of ``UN3507, Uranium hexafluoride, radioactive
material, excepted package, less than 0.1 kg per package, non-fissile
or fissile-excepted'', to address small quantities of uranium
hexafluoride containing corrosive properties, thus a new special
provision is necessary in the HMR. In this NPRM, PHMSA proposes the
assignment of special provision 369 to UN3507 to specify a primary
hazard of Class 8 with subsidiary risk of Class 7, subject to certain
conditions. The provisions in special provision 369 relating to
conditions required when it is evident that packages have leaked are
consistent with language proposed for inclusion in Sec.  173.443(e) in
HM-250 [Docket No. PHMSA-2009-0063]. PHMSA notes that if the proposed
addition of these provisions in Sec.  173.443(e) occurs, the portion of
the text proposed in this NPRM referring to leaking packages may be
replaced with a reference to Sec.  173.443(e).
Special Provision 370
    In this NPRM, PHMSA proposes adding new special provision 370 and
assigning it to the revised HMT entry ``UN0222, Ammonium Nitrate.'' As
a result of the comma placement in the descriptions for the two
ammonium nitrate entries, UN1942 and UN0222, the manner in which the
0.2% combustible materials/substances level is calculated would lead to
different analyses and different, non-comparable results. In
conjunction with revising the proper shipping name for UN0222 by
removing the qualifying text, in this NPRM, PHMSA is proposing a new
special provision assigned to UN0222 to include the qualifying text
previously attached to the proper shipping name and further clarify the
criteria for use of this entry by stipulating the following conditions:
(1) Ammonium nitrate with more than 0.2% combustible substances,
including any organic

substance calculated as carbon, to the exclusion of any added
substance; or (2) ammonium nitrate with not more than 0.2% combustible
substances, including any organic substance calculated as carbon, to
the exclusion of any added substance, that gives a positive result when
tested in accordance with Test Series 2 of the UN Manual of Tests and
Criteria, Part I.
Special Provision 371
    In this NPRM PHMSA proposes adding a new special provision 371 and
assigning it to ``UN3164, Articles, pressurized pneumatic or hydraulic
containing non-flammable gas.'' This special provision sets forth the
requirements for confetti-shooters pressurized with gas instead of
pyrotechnics. The shooter consists in principle, of a jacket of
cardboard, the pressurized receptacle filled with compressed air or
nitrogen, a lock mechanism made of plastics, a plug of rubber and a