(v) The competent authority of the country of manufacture must
provide reciprocal treatment for UN portable tanks manufactured in the
United States.

0
29. In Sec.  173.62, in paragraph (b), the Explosives Table is amended
by adding entries in the appropriate numerical order, and in paragraph
(c), in the Table of Packing Methods, packing instruction entry 114(b)
is revised to read as follows:

Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (b) * * *

                            Explosives Table
------------------------------------------------------------------------
                            ID No.                                 PI
------------------------------------------------------------------------

                                * * * * *
UN0505.......................................................        135
UN0506.......................................................        135
UN0507.......................................................        135
UN0508.......................................................     114(b)
UN0509.......................................................     114(b)

                                * * * * *
------------------------------------------------------------------------

    (c) * * *
    (5) * * *

                                            Table of Packing Methods
----------------------------------------------------------------------------------------------------------------
         Packing instruction               Inner packagings     Intermediate packagings      Outer packagings
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
114(b) This packing instruction        Bags:                    Not necessary..........  Boxes:
 applies to dry solids.                paper, kraft, plastics.                           natural wood, ordinary
PARTICULAR PACKING REQUIREMENTS OR     textile, sift-proof....                            (4C1).
 EXCEPTIONS:.                          woven plastics, sift-                             natural wood, sift
1. For UN 0077, 0132, 0234, 0235 and    proof.                                            proof walls (4C2).
 0236, packagings must be lead free.   Receptacles:...........                           plywood (4D).
2. For UN 0160 and UN 0161, when       fibreboard.............                           reconstituted wood
 metal drums (1A2 or 1B2) are used as  metal, paper...........                            (4F).
 the outer packaging, metal pack-      plastics, woven                                   fibreboard (4G).
 agings must be so constructed that     plastics, sift-proof.                            Drums:
 the risk of explosion, by reason of                                                     steel, removable head
 increased internal pressure from                                                         (1A2).
 internal or external causes is pre-                                                     aluminum, removable
 vented.                                                                                head (1B2).
3. For UN 0160, UN 0161, and UN0508,                                                     plywood (1D).
 inner packagings are not necessary                                                      fiber (1G).
 if drums are used as the outer                                                          plastics, removable
 packaging.                                                                               head (1H2).
4. For UN 0508 and UN0509, metal
 packagings shall not be used.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
30. In Sec.  173.115, paragraph (b) is revised, paragraph (k) is
redesignated as paragraph (l), and a new paragraph (k) is added to read
as follows:

Sec.  173.115  Class 2, Divisions 2.1, 2.2, and 2.3--Definitions.

* * * * *
    (b) Division 2.2 (non-flammable, nonpoisonous compressed gas--
including compressed gas, liquefied gas, pressurized cryogenic gas,
compressed gas in solution, asphyxiant gas and oxidizing gas). For the
purpose of this subchapter, a non-flammable, nonpoisonous compressed
gas (Division 2.2) means any material (or mixture) which--
    (1) Exerts in the packaging a gauge pressure of 200 kPa (25.9 psig/
43.8 psia) or greater at 20 [deg]C (68 [deg]F), is a liquefied gas or
is a cryogenic liquid, and
    (2) Does not meet the definition of Division 2.1 or 2.3.
* * * * *
    (k) For Division 2.2 gases, the oxidizing ability shall be
determined by tests or by calculation in accordance with ISO 10156:1996
and ISO 10156-2:2005 (IBR, see Sec.  171.7 of this subchapter).
    (l) The following applies to aerosols (see Sec.  171.8 of this
subchapter):
    (1) An aerosol must be assigned to Division 2.1 if the contents
include 85% by mass or more flammable components and the chemical heat
of combustion is 30 kJ/g or more;
    (2) An aerosol must be assigned to Division 2.2 if the contents
contain 1% by mass or less flammable components and the heat of
combustion is less than 20 kJ/g.
    (3) Aerosols not meeting the provisions of paragraphs (a) or (b) of
this section must be classed in accordance with the appropriate tests
of the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this
subchapter). An aerosol which was tested in accordance with the
requirements of this subchapter in effect on December 31, 2005, is not
required to be retested.
    (4) Division 2.3 gases may not be transported in an aerosol
container.

    (5) When the contents are classified as Division 6.1, PG III or
Class 8, PG II or III, the aerosol must be assigned a subsidiary hazard
of Division 6.1 or Class 8, as appropriate.
    (6) Substances of Division 6.1, PG I or II, and substances of Class
8, PG I are forbidden from transportation in an aerosol container.
    (7) Flammable components are Class 3 flammable liquids, Division
4.1 flammable solids, or Division 2.1 flammable gases. The chemical
heat of combustion must be determined in accordance with the UN Manual
of Tests and Criteria (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
31. In Sec.  173.134, paragraph (b)(13)(i) is revised to read as
follows:

Sec.  173.134  Class 6, Division 6.2--Definitions and exceptions.

* * * * *
    (b) * * *
    (13) * * *
    (i) Household waste as defined in Sec.  171.8, when transported in
accordance with applicable state, local, or tribal requirements.
* * * * *

0
32. In Sec.  173.137, paragraph (c)(2) is revised and a note to the
section is added to read as follows:

Sec.  173.137  Class 8--Assignment of packing group.

* * * * *
    (c) * * *
    (2) That do not cause full thickness destruction of intact skin
tissue but exhibit a corrosion on either steel or aluminum surfaces
exceeding 6.25 mm (0.25 inch) a year at a test temperature of 55 [deg]C
(130 [deg]F) when tested on both materials. The corrosion may be
determined in accordance with the UN Manual of Tests and Criteria (IBR,
see Sec.  171.7 of this subchapter) or other equivalent test methods.

    Note to Sec.  173.137: When an initial test on either a steel or
aluminum surface indicates the material being tested is corrosive,
the follow up test on the other surface is not required.

0
33. Section 173.159 is revised to read as follows:

Sec.  173.159  Batteries, wet.

    (a) Electric storage batteries, containing electrolyte acid or
alkaline corrosive battery fluid (wet batteries), may not be packed
with other materials except as provided in paragraphs (g) and (h) of
this section and in Sec. Sec.  173.220 and 173.222; and any battery or
battery-powered device must be prepared and packaged for transport in a
manner to prevent:
    (1) A dangerous evolution of heat (i.e., an amount of heat
sufficient to be dangerous to packaging or personal safety to include
charring of packaging, melting of packaging, scorching of packaging, or
other evidence);
    (2) Short circuits, including, but not limited to:
    (i) Packaging each battery or each battery-powered device when
practicable, in fully enclosed inner packagings made of non-conductive
material;
    (ii) Separating or packaging batteries and battery-powered devices
in a manner to prevent contact with other batteries, devices or
conductive materials (e.g., metal) in the packagings; or
    (iii) Ensuring exposed terminals are protected with non-conductive
caps, non-conductive tape, or by other appropriate means; and
    (3) Damage to terminals. If not impact resistant, the outer
packaging must not be used as the sole means of protecting the battery
terminals from damage or short circuiting. Batteries must be securely
cushioned and packed to prevent shifting which could loosen terminal
caps or reorient the terminals. Batteries contained in devices must be
securely installed. Terminal protection methods include but are not
limited to:
    (i) Securely attaching covers of sufficient strength to protect the
terminals;
    (ii) Packaging the battery in a rigid plastic packaging; or
    (iii) Constructing the battery with terminals that are recessed or
otherwise protected so that the terminals will not be subjected to
damage if the package is dropped.
    (b) For transportation by aircraft:
    (1) The packaging for wet batteries must incorporate an acid- or
alkali-proof liner, or include a supplementary packaging with
sufficient strength and adequately sealed to prevent leakage of
electrolyte fluid in the event of spillage; and
    (2) Any battery-powered device, equipment or vehicle must be
packaged for transport in a manner to prevent unintentional activation
or must have an independent means of preventing unintentional
activation (e.g., packaging restricts access to activation switch,
switch caps or locks, recessed switches, trigger locks, temperature
sensitive circuit breakers, etc.).
    (c) The following specification packagings are authorized for
batteries packed without other materials provided all requirements of
paragraph (a) of this section, and for transportation by aircraft,
paragraph (b) of this section are met:
    (1) Wooden box: 4C1, 4C2, 4D, or 4F.
    (2) Fiberboard box: 4G.
    (3) Plywood drum: 1D.
    (4) Fiber drum: 1G.
    (5) Plastic drum: 1H2.
    (6) Plastic jerrican: 3H2.
    (7) Plastic box: 4H2.
    (d) The following non-specification packagings are authorized for
batteries packed without other materials provided all requirements of
paragraph (a) of this section, and for transportation by aircraft,
paragraph (b) of this section are met:
    (1) Electric storage batteries are firmly secured to skids or
pallets capable of withstanding the shocks normally incident to
transportation are authorized for transportation by rail, highway, or
vessel. The height of the completed unit must not exceed 1\1/2\ times
the width of the skid or pallet. The unit must be capable of
withstanding, without damage, a superimposed weight equal to two times
the weight of the unit or, if the weight of the unit exceeds 907 kg
(2,000 pounds), a superimposed weight of 1814 kg (4,000 pounds).
Battery terminals must not be relied upon to support any part of the
superimposed weight and must not short out if a conductive material is
placed in direct contact with them.
    (2) Electric storage batteries weighing 225 kg (500 pounds) or
more, consisting of carriers' equipment, may be shipped by rail when
mounted on suitable skids. Such shipments may not be offered in
interchange service.
    (3) One to three batteries not over 11.3 kg (25 pounds) each,
packed in strong outer boxes. The maximum authorized gross weight is 34
kg (75 pounds).
    (4) Not more than four batteries not over 7 kg (15 pounds) each,
packed in strong outer fiberboard or wooden boxes. The maximum
authorized gross weight is 30 kg (65 pounds).
    (5) Not more than five batteries not over 4.5 kg (10 pounds) each,
packed in strong outer fiberboard or wooden boxes. The maximum
authorized gross weight is 30 kg (65 pounds).
    (6) Single batteries not exceeding 34 kg (75 pounds) each, packed
in 5-sided slip covers or in completely closed fiberboard boxes. Slip
covers and boxes must be of solid or double-faced corrugated fiberboard
of at least 91 kg (200 pounds) Mullen test strength. The slip cover or
fiberboard box must fit snugly and provide inside top clearance of at
least 1.3 cm (0.5 inch) above battery terminals and filler caps with
reinforcement in place. Assembled for shipment, the bottom edges of the
slipcover must come to within 2.5 cm (1 inch) of the bottom of the
battery. The completed package (battery and box or

slip cover) must be capable of withstanding a top-to-bottom compression
test of at least 225 kg (500 pounds) without damage to battery terminal
caps, cell covers or filler caps.
    (7) Single batteries exceeding 34 kg (75 pounds) each may be packed
in completely closed fiberboard boxes. Boxes must be of double-wall
corrugated fiberboard of at least 181 kg (400 pounds) test, or solid
fiberboard testing at least 181 kg (400 pounds); a box may have hand
holes in its ends provided that the hand holes will not materially
weaken the box. Sides and ends of the box must have cushioning between
the battery and walls of the box; combined thickness of cushioning
material and walls of the box must not be less than 1.3 cm (0.5 inch);
and cushioning must be excelsior pads, corrugated fiberboard, or other
suitable cushioning material. The bottom of the battery must be
protected by a minimum of one excelsior pad or by a double-wall
corrugated fiberboard pad. The top of the battery must be protected by
a wood frame, corrugated trays or scored sheets of corrugated
fiberboard having minimum test of 91 kg (200 pounds), or other equally
effective cushioning material. Top protection must bear evenly on
connectors and/or edges of the battery cover to facilitate stacking of
batteries. No more than one battery may be placed in one box. The
maximum authorized gross weight is 91 kg (200 pounds).
    (e) When transported by highway or rail, electric storage batteries
containing electrolyte or corrosive battery fluid are not subject to
any other requirements of this subchapter, if all of the following are
met:
    (1) No other hazardous materials may be transported in the same
vehicle;
    (2) The batteries must be loaded or braced so as to prevent damage
and short circuits in transit;
    (3) Any other material loaded in the same vehicle must be blocked,
braced, or otherwise secured to prevent contact with or damage to the
batteries; and
    (4) The transport vehicle may not carry material shipped by any
person other than the shipper of the batteries.
    (f) Batteries can be considered as non-spillable provided they are
capable of withstanding the following two tests, without leakage of
battery fluid from the battery:
    (1) Vibration test. The battery must be rigidly clamped to the
platform of a vibration machine, and a simple harmonic motion having an
amplitude of 0.8 mm (0.03 inches) with a 1.6 mm (0.063 inches) maximum
total excursion must be applied. The frequency must be varied at the
rate of 1 Hz/min between the limits of 10 Hz to 55 Hz. The entire range
of frequencies and return must be traversed in 95  5
minutes for each mounting position (direction of vibrator) of the
battery. The battery must be tested in three mutually perpendicular
positions (to include testing with fill openings and vents, if any, in
an inverted position) for equal time periods.
    (2) Pressure differential test. Following the vibration test, the
battery must be stored for six hours at 24 [deg]C  4 [deg]C
(75[deg]F  7 [deg]F) while subjected to a pressure
differential of at least 88 kPa (13 psig). The battery must be tested
in three mutually perpendicular positions (to include testing with fill
openings and vents, if any, in an inverted position) for at least six
hours in each position.
    (g) Electrolyte, acid or alkaline corrosive battery fluid, packed
with batteries wet or dry, must be packed in one of the following
specification packagings:
    (1) In 4C1, 4C2, 4D, or 4F wooden boxes with inner receptacles of
glass, not over 4.0 L (1 gallon) each with not over 8.0 L (2 gallons)
total in each outside container. Inside containers must be well-
cushioned and separated from batteries by a strong solid wooden
partition. The completed package must conform to Packing Group III
requirements.
    (2) Electrolyte, acid, or alkaline corrosive battery fluid included
with electric storage batteries and filling kits may be packed in
strong rigid outer packagings when shipments are made by, for, or to
the Departments of the Army, Navy, or Air Force of the United States.
Packagings must conform to military specifications. The electrolyte,
acid, or alkaline corrosive battery fluid must be packed in
polyethylene bottles of not over 1.0 L (0.3 gallon) capacity each. Not
more than 24 bottles, securely separated from electric storage
batteries and kits, may be offered for transportation or transported in
each package.
    (3) In 4G fiberboard boxes with not more than 12 inside packagings
of polyethylene or other material resistant to the lading, each not
over 2.0 L (0.5 gallon) capacity each. Completed packages must conform
to Packing Group III requirements. Inner packagings must be adequately
separated from the storage battery. The maximum authorized gross weight
is 29 kg (64 pounds). These packages are not authorized for
transportation by aircraft.
    (h) Dry batteries or battery charger devices may be packaged in 4G
fiberboard boxes with inner receptacles containing battery fluid.
Completed packagings must conform to Packing Group III requirements.
Not more than 12 inner receptacles may be packed in one outer box. The
maximum authorized gross weight is 34 kg (75 pounds).
    (i) When approved by the Associate Administrator, electric storage
batteries, containing electrolyte or corrosive battery fluid in a
separate reservoir from which fluid is injected into the battery cells
by a power device cartridge assembled with the battery, and which meet
the criteria of paragraph (f) are not subject to any other requirements
of this subchapter.

0
34. A new Sec.  173.159a is added to read as follows:

Sec.  173.159a  Exceptions for Non-spillable batteries.

    (a) Exceptions for hazardous materials shipments in the following
paragraphs are permitted only if this section is referenced for the
specific hazardous material in the Sec.  172.101 table or in a
packaging section in this part.
    (b) Non-spillable batteries offered for transportation or
transported in accordance with this section are subject to the incident
reporting requirements. For transportation by aircraft, a telephone
report in accordance with Sec.  171.15(a) is required if a fire,
violent rupture, explosion or dangerous evolution of heat (i.e., an
amount of heat sufficient to be dangerous to packaging or personal
safety to include charring of packaging, melting of packaging,
scorching of packaging, or other evidence) occurs as a direct result of
a nonspillable battery. For all modes of transportation, a written
report in accordance with Sec.  171.16(a) is required if a fire,
violent rupture, explosion or dangerous evolution of heat occurs as a
direct result of a nonspillable battery.
    (c) Non-spillable batteries are excepted from the packaging
requirements of Sec.  173.159 under the following conditions:
    (1) Non-spillable batteries must be securely packed in strong outer
packagings and meet the requirements of Sec.  173.159(a). A non-
spillable battery which is an integral part of and necessary for the
operation of mechanical or electronic equipment must be securely
fastened in the battery holder on the equipment;
    (2) The battery and outer packaging must be plainly and durably
marked ``NONSPILLABLE'' or ``NONSPILLABLE BATTERY.'' The requirement to
mark the outer package does not apply when the battery is installed in
a piece of equipment that is transported unpackaged.

    (d) Non-spillable batteries are excepted from all other
requirements of this subchapter when offered for transportation and
transported in accordance with paragraph (c) of this section and the
following:
    (1) At a temperature of 55 [deg]C (131 [deg]F), the battery must
not contain any unabsorbed free-flowing liquid, and must be designed so
that electrolyte will not flow from a ruptured or cracked case; and
    (2) For transport by aircraft, when contained in a battery-powered
device, equipment or vehicle must be prepared and packaged for
transport in a manner to prevent unintentional activation in
conformance with Sec.  173.159(b)(2) of this Subpart.

0
35. In Sec.  173.168, paragraph (a) is revised to read as follows:

Sec.  173.168  Chemical oxygen generators.

* * * * *
    (a) Approval. A chemical oxygen generator that is shipped with an
explosive or non-explosive means of initiation attached must be classed
and approved by the Associate Administrator in accordance with the
procedures specified in Sec.  173.56 of this subchapter.
* * * * *

0
36. In Sec.  173.189, paragraph (e) is revised to read as follows:

Sec.  173.189  Batteries containing sodium or cells containing sodium.

* * * * *
    (e) Vehicles, machinery and equipment powered by sodium batteries
must be consigned under the entry ``Battery-powered vehicle or Battery-
powered equipment.''

0
37. In Sec.  173.196, paragraphs (a)(1) and (a)(2) are revised to read
as follows:

Sec.  173.196  Category A infectious substances.

    (a) * * *
    (1) A leakproof primary receptacle.
    (2) A leakproof secondary packaging. If multiple fragile primary
receptacles are placed in a single secondary packaging, they must be
either wrapped individually or separated to prevent contact between
them.
* * * * *

0
38. A new Sec.  173.206 is added to read as follows:

Sec.  173.206  Packaging requirements for chlorosilanes.

    (a) When Sec.  172.101 of this subchapter specifies that a
hazardous material be packaged under this section, only non-bulk
packagings prescribed in this section may be used for its
transportation. Each packaging must conform to the general packaging
requirements of subpart B of part 173, to the requirements of part 178
of this subchapter at the Packing Group I or II performance level
(unless otherwise excepted), and to the particular requirements of the
special provisions of Column (7) of the Sec.  172.101 Table.
    (b) The following combination packagings are authorized:
    Outer packagings:

Steel drum: 1A2
Plastic drum: 1H2
Plywood drum: 1D
Fiber drum: 1G
Steel box: 4A
Natural wood box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Expanded plastic box: 4H1
Solid plastic box: 4H2

    Inner packagings:

Glass or Steel receptacle

    (c) Except for transportation by passenger aircraft, the following
single packagings are authorized:

Steel drum: 1A1
Steel jerrican: 3A1
Plastic receptacle in steel drum: 6HA1

0
39. In Sec.  173.220, paragraphs (a)(2), (c), (d), and (e)(1), and the
last two sentences of paragraph (g)(2) are revised to read as follows:

Sec.  173.220  Internal combustion engines, self-propelled vehicles,
mechanical equipment containing internal combustion engines, and
battery-powered vehicles or equipment.

    (a) * * *
    (2) It is equipped with a wet battery (including a non-spillable
battery), a sodium battery or lithium battery; or
* * * * *
    (c) Battery-powered or installed. Batteries must be securely
installed, and wet batteries must be fastened in an upright position.
Batteries must be protected against a dangerous evolution of heat,
short circuits, and damage to terminals in conformance with Sec.
173.159(a) and leakage; or must be removed and packaged separately
under Sec.  173.159. Battery-powered vehicles, machinery or equipment
including battery-powered wheelchairs and mobility aids are not subject
to any other requirements of this subchapter except Sec.  173.21 when
transported by rail, highway or vessel.
    (d) Lithium batteries. Except as provided in Sec.  173.185 of this
subchapter, vehicles, engines and machinery powered by lithium metal
batteries that are transported with these batteries installed are
forbidden aboard passenger-carrying aircraft. Lithium batteries
contained in vehicles, engines or mechanical equipment must be securely
fastened in the battery holder of the vehicle, engine or mechanical
equipment and be protected in such a manner as to prevent damage and
short circuits (e.g., by the use of non-conductive caps that cover the
terminals entirely). Lithium batteries must be of a type that have
successfully passed each test in the UN Manual of Tests and Criteria as
specified in Sec.  173.185, unless approved by the Associate
Administrator. Equipment (other than vehicles, engines or mechanical
equipment) containing lithium batteries, must be described as ``Lithium
batteries contained in equipment'' and transported in accordance with
Sec.  173.185 and applicable special provisions.
    (e) Other hazardous materials. (1) Items containing hazardous
materials, such as, fire extinguishers, compressed gas accumulators,
safety devices and other hazardous materials which are integral
components of the motor vehicle, engine or mechanical equipment and are
necessary for the operation of the vehicle, engine or mechanical
equipment, or for the safety of its operator or passengers must be
securely installed in the motor vehicle, engine or mechanical
equipment. Such items are not otherwise subject to the requirements of
this subchapter. Equipment (other than vehicles, engines or mechanical
equipment) containing lithium batteries must be described as ``Lithium
batteries contained in equipment'' and transported in accordance with
Sec.  173.185 and applicable special provisions.
* * * * *
    (g) * * *
    (2) * * * For transportation by aircraft, the provisions of Sec.
173.159(b)(2) as applicable, other applicable requirements of this
subchapter, including shipping papers, emergency response information,
notification of pilot-in-command, general packaging requirements, and
the requirements specified in Sec.  173.27 must be met. For
transportation by vessel, additional exceptions are specified in Sec.
176.905 of this subchapter.

0
40. In Sec.  173.222, the section heading and paragraph (c)(3) are
revised to read as follows:

Sec.  173.222  Dangerous goods in equipment, machinery or apparatus.

* * * * *
    (c) * * *
    (3) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases. For
transportation by aircraft, Division 2.2 gases with

subsidiary risks and refrigerated liquefied gases are not authorized;
and
* * * * *

0
41. a. In Sec.  173.225, in paragraph (c)(8), the Organic Peroxide
Table is amended by removing and adding the following entries in the
appropriate order; and in the ``NOTES'' immediately following the
Table, a new Note ``29,'' ``30'' and ``31'' are added in the
appropriate numerical order.
0
b. In paragraph (e), the Organic Peroxide IBC Table is amended by
removing and adding the following entries in the appropriate order.
0
c. In paragraph (g), the Organic Peroxide Portable Tank Table is
amended by adding and revising the following entries in the appropriate
order.

Sec.  173.225  Packaging requirements and other provisions for organic
peroxides.

* * * * *
    (c) * * *
    (8) * * *

                                                                                Organic Peroxide Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Concent. (mass   Diluent  (mass   Diluent  (mass   Diluent  (mass    Water  (mass     Packing                         Temp
         Technical name               ID No.             %)             %)  A            %)  B             %)  I             %)           method     Temp  control    emergency        Notes
(1)                               (2)...........  (3)............  (4a)...........  (4b)...........  (4c)............  (5)..........  (6)..........  (7a).........  (7b).........  (8)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[Remove]

                                                                                * * * * * * *
tert-Amyl peroxy-3,5,5-           3101..........  <=100..........  ...............  ...............  ................  .............  OP5..........  .............  .............  .............
 trimethylhexanoate.

                                                                                * * * * * * *
Cyclohexanone peroxide(s).......  Exempt........  ...............  ...............  ...............  >=68............  .............  Exempt.......  .............  .............  .............

                                                                                * * * * * * *
Dibenzoyl peroxide..............  Exempt........  <=35...........  ...............  ...............  >=65............  .............  Exempt.......  .............  .............  .............

                                                                                * * * * * * *
Di-(2-tert-butylperoxyisopropyl)  Exempt........  <=42...........  ...............  ...............  >=58............  .............  Exempt.......  .............  .............  .............
 benzene(s).

                                                                                * * * * * * *
Di-4-chlorobenzoyl peroxide.....  Exempt........  <=32...........  ...............  ...............  >68.............  .............  Exempt.......  .............  .............  .............

                                                                                * * * * * * *
Dicumyl peroxide................  Exempt........  <=52...........  ...............  ...............  >48.............  .............  Exempt.......  .............  .............  .............

                                                                                * * * * * * *
Di-(2-ethylhexyl)                 3117..........  <=62...........  ...............  ...............  ................  .............  OP8..........  -15..........  -5...........  .............
 peroxydicarbonate [as a stable
 dispersion in water].

                                                                                * * * * * * *
[Add]

                                                                                * * * * * * *
tert-Amyl peroxyneodecanoate....  3119..........  <=47...........  >=53...........  ...............  ................  .............  OP8..........  0............  +10..........  .............

                                                                                * * * * * * *
tert-Amyl peroxypivalate........  3119..........  <=32...........  >=68...........  ...............  ................  .............  OP8..........  +10..........  +15..........  .............
tert-Amyl peroxy-3,5,5-           3105..........  <=100..........  ...............  ...............  ................  .............  OP7..........  .............  .............  .............
 trimethylhexanoate.

                                                                                * * * * * * *
tert-Butyl peroxy-3,5,5-          3106..........  <=42...........  ...............  ...............  >=58............  .............  OP7..........  .............  .............  .............
 trimethlyhexanoate.

                                                                                * * * * * * *
Cumyl peroxyneodecanoate........  3115..........  <=87...........  >=13...........  ...............  ................  .............  OP7..........  -10..........  0............  .............

                                                                                * * * * * * *
Cyclohexanone peroxide(s).......  Exempt........  <=32...........  ...............  ...............  >68.............  .............  Exempt.......  .............  .............  29

                                                                                * * * * * * *
2,2-Di-(tert-amylperoxy)-butane.  3105..........  <=57...........  >=43...........  ...............  ................  .............  OP7..........  .............  .............  .............

                                                                                * * * * * * *
Dibenzoyl peroxide..............  Exempt........  <=35...........  ...............  ...............  >=65............  .............  Exempt.......  .............  .............  29

                                                                                * * * * * * *
tert-Butyl peroxybenzoate.......  3109..........  <=32...........  >=68...........  ...............  ................  .............  OP8..........  .............  .............  .............

                                                                                * * * * * * *
1,1-Di-(tert-butylperoxy)-        3103..........  <=72...........  ...............  >=28...........  ................  .............  OP5..........  .............  .............  30
 cyclohexane.

                                                                                * * * * * * *
1,1-Di-(tert-Butylperoxy)         3109..........  <=37...........  >=63...........  ...............  ................  .............  OP8..........  .............  .............  .............
 cyclohexane.

                                                                                * * * * * * *
1,1-Di-(tert-butylperoxy)-        3105..........  <=43 + <=16....  >=41...........  ...............  ................  .............  OP7..........  .............  .............  .............
 Cyclohexane + tert-butyl peroxy-
 2-ethylhexanoate.

                                                                                * * * * * * *
Di-(2-tert-butylperoxyisopropyl)  Exempt........  <=42...........  ...............  ...............  >=58............  .............  Exempt.......  .............  .............  29
 benzene(s).

                                                                                * * * * * * *
1,1-Di-(tert-butylperoxy)-3,3,5-  3103..........  <=90...........  ...............  >=10...........  ................  .............  OP5..........  .............  .............  30
 trimethylcyclohexane.

                                                                                * * * * * * *
Di-2,4-dichlorobenzoyl peroxide   3118..........  <=52...........  ...............  ...............  ................  .............  OP8..........  +20..........  +25..........  .............
 [as a paste].

                                                                                * * * * * * *
Di-4-chlorobenzoyl peroxide.....  Exempt........  <=32...........  ...............  ...............  >=68............  .............  Exempt.......  .............  .............  29

                                                                                * * * * * * *
Dicumyl peroxide................  Exempt........  <=52...........  ...............  ...............  >=48............  .............  Exempt.......  .............  .............  29

                                                                                * * * * * * *
Di-(2-ethylhexyl)                 3119..........  <=62...........  ...............  ...............  ................  .............  OP8..........  -15..........  -5...........  .............
 peroxydicarbonate [as a stable
 dispersion in water].

                                                                                * * * * * * *
Di-(2-neodecanoyl-                3119..........  <=42...........  ...............  ...............  ................  .............  OP8..........  -15..........  -5...........  .............
 peroxyisopropyl) benzene, as
 stable dispersion in water.

                                                                                * * * * * * *
3-Hydroxy-1,1-dimethylbutyl       3115..........  <=77...........  >=23...........  ...............  ................  .............  OP7..........  -5...........  +5...........  .............
 peroxyneodecanoate.

                                                                                * * * * * * *
3-Hydroxy-1,1-dimethylbutyl       3119..........  <=52...........  ...............  ...............  ................  .............  OP8..........  -5...........  +5...........  .............
 peroxyneodecanoate [as a stable
 dispersion in water].

                                                                                * * * * * * *
3-Hydroxy-1,1-dimethylbutyl       3117..........  <=52...........  >=48...........  ...............  ................  .............  OP8..........  -5...........  +5...........  .............
 peroxyneodecanoate.

                                                                                * * * * * * *
Methyl isopropyl ketone           3109..........  (See remark 31)  >=70...........  ...............  ................  .............  OP8..........  .............  .............  31
 peroxide(s).

                                                                                * * * * * * *
3,3,5,7,7-Pentamethyl-1,2,4-       3107.........  <=100..........  ...............  ...............  ................  .............  OP8..........  .............  .............  .............
 Trioxepane.

                                                                                * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
* * * * *
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point > 130 [deg]C (266 [deg]F).
31. Available oxygen <=6.7%.

* * * * *
    (e) * * *

                                           Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
                                                                    Maximum
      UN No.             Organic peroxide        Type of IBC       quantity         Control         Emergency
                                                                   (liters)       temperature      temperature
----------------------------------------------------------------------------------------------------------------
[Remove]
                                                  * * * * * * *
3109                                              ORGANIC PEROXIDE, TYPE F, LIQUID

                                                  * * * * * * *
                    tert-Butyl peroxy-3,5,5-   31A............  1250.
                     trimethylhexanoate, not
                     more than 32% in diluent
                     type A.
                    .........................  31HA1..........  1000.

                                                  * * * * * * *
3119                                  ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED

                                                  * * * * * * *
                    tert-Butyl                 31A............  1250..........  -5 [deg]C......  +5 [deg]C.
                     peroxyneodecanoate, not
                     more than 42%, stable
                     dispersion, in water.
                    Di-(2-ethylhexyl)          31A............  1250..........  -20 [deg]C.....  -10 [deg]C.
                     peroxydicarbonate, not
                     more than 52%, staple
                     dispersion, in water.

                                                  * * * * * * *
[Add]

                                                  * * * * * * *
3109                                              ORGANIC PEROXIDE, TYPE F, LIQUID

                                                  * * * * * * *
                    tert-Butyl                 31A............  1250.
                     peroxybenzoate, not more
                     than 32% in diluent type
                     A.

                                                  * * * * * * *
                    tert-Butyl peroxy-3,5,5-   31A............  1250.
                     trimethylhexanoate, not
                     more than 37% in diluent
                     type A.
                                               31HA1..........  1000.

                                                  * * * * * * *
                    1,1-Di-(tert-Butylperoxy)  31A............  1250.
                     cyclohexane, not more
                     than 37% in diluent type
                     A.

                                                  * * * * * * *
3119                                  ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED

                                                  * * * * * * *
                    tert-Amyl peroxypivalate,  31A............  1250..........  +10 [deg]C.....  +15 [deg]C.
                     not more than 32% in
                     diluent type A.

                                                  * * * * * * *
                    tert-Butyl                 31A............  1250..........  -5 [deg]C......  +5 [deg]C.
                     peroxyneodecanoate, not
                     more than 52%, stable
                     dispersion, in water.

                                                  * * * * * * *
                    Di-(2-ethylhexyl)          31A............  1250..........  -20 [deg]C.....  -10 [deg]C.
                     peroxydicarbonate, not
                     more than 62%, staple
                     dispersion, in water.

                                                  * * * * * * *
                    Di-(2-                     31A............  1250..........  -15 [deg]C.....  -5 [deg]C.
                     neodecanoylperoxyisoprop
                     yl) benzene, not more
                     than 42%, stable
                     dispersion, in water.

                                                  * * * * * * *
                    3-Hydroxy-1,1-             31A............  1250..........  -15 [deg]C.....  -5 [deg]C.
                     dimethylbutyl peroxy-
                     neodecanoate, not more
                     than 52%, stable
                     dispersion, in water.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (g) * * *

                                                          Organic Peroxide Portable Tank Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Minimum shell
                                            Minimum test  thickness (mm- Bottom opening     Pressure
     UN No.          Hazardous material       pressure      reference     requirements       relief        Filling limits      Control       Emergency
                                               (bar)          steel)         See...       requirements                       temperature    temperature
                                                              See...                         See...
--------------------------------------------------------------------------------------------------------------------------------------------------------
[Remove]

                                                                      * * * * * * *
3119                                                     ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
                  Di-(3,5,5-trimethyl-     4............  Sec.           Sec.   178.275  Sec.   178.275  Not more than 90%  0 [deg]C.....  +5 [deg]C.
                   hexanoyl) peroxide,                     178.274        (d)(3).         (g)(1).         at 59 [deg]F (15
                   not more than 38% in                    (d)(2).                                        [deg]C).
                   diluent type A.

                                                                      * * * * * * *
[Add]

                                                                      * * * * * * *
3119                             ORGANIC PEROXIDE, TYPE F, LIQUID, TEMPERATURE CONTROLLED
                  tert-Amyl                4............  Sec.           Sec.   178.275  Sec.   178.275  Not more than 90%  -10 [deg]C...  -5 [deg]C.
                   peroxyneodecanoate,                     178.274        (d)(3).         (g)(1).         at 59 [deg]F (15
                   not more than 47% in                    (d)(2).                                        [deg]C).
                   diluent type A.

                                                                      * * * * * * *
                  Di-(3,5,5-trimethyl-     4............  Sec.           Sec.   178.275  Sec.   178.275  Not more than 90%  0 [deg]C.....  +5 [deg]C.
                   hexanoyl) peroxide,                     178.274        (d)(3).         (g)(1).         at 59 [deg]F (15
                   not more than 38% in                    (d)(2).                                        [deg]C).
                   diluent type A or type
                   B.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
42. In Sec.  173.226, paragraph (c) is revised to read as follows:

Sec.  173.226  Materials poisonous by inhalation, Division 6.1, Packing
Group I, Hazard Zone A.

* * * * *
    (c) In combination packagings, consisting of an inner packaging
system and an outer packaging, as follows:
    (1) Outer packagings:

Steel drum: 1A2
Aluminum drum: 1B2
Metal drum, other than steel or aluminum: 1N2
Plywood drum: 1D
Fiber drum: 1G
Plastic drum: 1H2
Steel box: 4A
Aluminum box: 4B
Natural wood box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Expanded plastic box: 4H2
Solid plastic box: 4H2

    (2) Inner packaging system. The inner packaging system consists of
two packagings:
    (i) an impact-resistant receptacle of glass, earthenware, plastic
or metal securely cushioned with a non-reactive, absorbent material,
and
    (A) Capacity of each inner receptacle may not exceed 4 L (1
gallon).
    (B) An inner receptacle that has a closure must have a closure
which is physically held in place by any means capable of preventing
back-off or loosening of the closure by impact or vibration during
transportation.
    (ii) Packed within a leak-tight packaging of metal or plastic.
    (iii) This combination packaging in turn is packed within the outer
packaging.
    (3) Additional requirements:
    (i) The total amount of liquid contained in the outer packaging
must not exceed 16 L (4 gallons).
    (ii) The inner packaging system must conform to the performance
test requirements of subpart M of part 178 of this subchapter, at the
Packaging Group I performance level when subjected to the following
tests:
    (A) Sec.  178.603--Drop Test
    (B) Sec.  178.604--Leakproofness Test
    (C) Sec.  178.605--Hydrostatic Pressure Test
    (iii) The inner packaging system must meet the above tests without
the benefit of the outer packaging.
    (iv) The leakproofness and hydrostatic pressure test may be
conducted on either the inner receptacle or the outer packaging of the
inner packaging system.
    (v) The outer package must conform to the performance test
requirements of subpart M of part 178 of this subchapter, at the
Packaging Group I performance level as applicable for the type of
package being used.
* * * * *

0
43. Section 173.230 is revised to read as follows:

Sec.  173.230  Fuel cell cartridges containing hazardous material.

    (a) Requirements for Fuel Cell Cartridges. Fuel cell cartridges,
including when contained in or packed with equipment, must be designed
and constructed to prevent fuel leakage under normal conditions of
transportation. Fuel cell cartridge design types using liquids as fuels
must pass an internal pressure test at a gauge pressure of 100 kPa (15
psig) without leakage. Except for fuel cell cartridges containing
hydrogen in metal hydride which must be in conformance with paragraph
(d) of this section, each fuel cell cartridge design type including
when contained in or packed with equipment, must pass a 1.2 meter (3.9
feet) drop test onto an unyielding surface in the orientation most
likely to result in the failure of the containment system with no loss
of contents. Fuel cell cartridges installed in or integral to a fuel
cell system are regarded as contained in equipment. Fuel cell
cartridges containing a Division 2.1, Division 4.3 or Class 8 material
must meet the following additional requirements.
    (b) A fuel cell cartridge designed to contain a Division 4.3 or a
Class 8 material may contain an activator provided it is fitted with
two independent means of preventing unintended mixing with the fuel
during transport.
    (c) Each fuel cell cartridge designed to contain a liquefied
flammable gas must:

    (1) Be capable of withstanding, without leakage or bursting, a
pressure of at least two times the equilibrium pressure of the contents
at 55 [deg]C (131 [deg]F);
    (2) Contain no more than 200 mL of liquefied flammable gas with a
vapor pressure not exceeding 1,000 kPa (150 psig) at 55 [deg]C (131
[deg]F); and
    (3) Pass the hot water bath test prescribed in accordance with
Sec.  173.306(a)(3)(v).
    (d) Each fuel cell cartridge designed to contain hydrogen in a
metal hydride must conform to the following:
    (1) Each fuel cell cartridge must have a water capacity less than
or equal to 120 mL (4 fluid ounces).
    (2) Each fuel cell cartridge must be a design type that has been
subjected, without leakage or bursting, a pressure of at least two
times the design pressure of the cartridge at 55 [deg]C (131 [deg]F) or
200 kPa (30 psig) more than the design pressure of the cartridge at 55
[deg]C (131 [deg]F), whichever is greater. The pressure at which the
test is conducted is referred to as the ``minimum shell burst
pressure.'' The pressure within the fuel cell cartridge must not exceed
5 MPa (725 psig) at 55 [deg]C (131 [deg]F).
    (3) Each fuel cell cartridge must be filled in accordance with the
procedure provided by the manufacturer. The manufacturer must provide
the following information with each fuel cell cartridge:
    (i) Inspection procedures to be carried out before initial filling
and before refilling of the fuel cell cartridge;
    (ii) Safety precautions and potential hazards to be aware of;
    (iii) A method of determining when the rated capacity has been
achieved;
    (iv) Minimum and maximum pressure range;
    (v) Minimum and maximum temperature range; and
    (vi) Any other requirements to be met for initial filling and
refilling including the type of equipment to be used.
    (4) Each fuel cell cartridge must be permanently marked with the
following information:
    (i) The rated charging pressure in megapascals (MPa);
    (ii) The manufacturer's serial number of the fuel cell cartridges
or unique identification number; and
    (iii) The expiration date based on the maximum service life (yyyy/
mm).
    (5) Design type tests: Each fuel cell cartridge design type must be
subjected to and pass the following tests (this includes cartridges
integral to a fuel cell):
    (i) Drop test. A 1.8 m (5.9 feet) drop test onto an unyielding
surface must be performed. There must be no leakage. Leakage must be
determined using a soap bubble solution or other equivalent means on
all possible leak locations, when the fuel cell cartridge is charged to
its rated charging pressure. The fuel cell cartridge must then be
hydrostatically pressurized to destruction. The burst pressure must be
greater than 85% of the minimum shell burst pressure. The drop must be
performed in the following four different orientations:
    (A) Vertically, on the end containing the shut-off valve assembly;
    (B) Vertically, on the end opposite to the shut-off valve assembly;
    (C) Horizontally, onto a steel apex with a diameter of 3.8 cm (9.7
in), with the steel apex in the upward position; and
    (D) At a 45[deg] angle on the end containing the shut-off valve
assembly.
    (ii) Fire test. A fuel cell cartridge filled to rated capacity
(with hydrogen) must be subjected to a fire engulfment test. The
cartridge design (including design types with an integral vent feature)
is deemed to pass the fire test if:
    (A) The internal pressure vents to zero gauge pressure without the
rupture of the cartridge; or
    (B) The cartridge withstands the fire for a minimum of 20 minutes
without rupture.
    (iii) Hydrogen cycling test. A fuel cell cartridge must be
subjected to a hydrogen cycling test to ensure that the design stress
limits are not exceeded during use. The fuel cell cartridge must be
cycled from not more than 5% rated hydrogen capacity to not less than
95% rated hydrogen capacity and back to not more than 5% rated hydrogen
capacity. The rated charging pressure must be used for charging and
temperatures must be within the operating temperature range. The
cycling must be continued for at least 100 cycles. Following the
cycling test the fuel cell cartridge must be charged and the water
volume displaced by the cartridge must be measured. The cartridge
design is deemed to pass the test if the water volume displaced by the
cycled cartridge does not exceed the water volume displaced by an
uncycled cartridge charged to 95% rated capacity and pressurized to 75%
of its minimum shell burst pressure.
    (6) Production leak test. Each fuel cell cartridge must be tested
for leaks at 15 [deg]C  5 [deg]C (59 [deg]F  9
[deg]F) while pressurized to its rated charging pressure. There must be
no leakage. Leakage must be determined using a soap bubble solution or
other equivalent means on all possible leak locations.
    (e) The following packagings are authorized provided the general
packaging requirements subpart B of part 173 of this subchapter are
met:
    (1) For fuel cell cartridges, rigid packagings conforming to the
requirements of part 178 of this subchapter at the packing group II
performance level; and
    (2) Strong outer packagings for fuel cell cartridges contained in
equipment or packed with equipment. Large equipment containing fuel
cell cartridges may be transported unpackaged if the equipment provides
an equivalent level of protection.
    (i) Fuel cell cartridges packed with equipment must be packed in
intermediate packagings together with the equipment they are capable of
powering. The fuel cell cartridges and the equipment must be packaged
with cushioning material or dividers or inner packaging so that the
fuel cell cartridges are protected against damage that may be caused by
the shifting or placement of the equipment and the cartridges within
the outer packaging; and
    (ii) Fuel cell cartridges installed in equipment must be protected
against short circuits and the entire system must be protected from
unintentional activation.
    (f) For transportation by aircraft, the following additional
provisions apply:
    (1) The package must comply with the applicable provisions of Sec.
173.27 of this subchapter;
    (2) For fuel cells contained in equipment, fuel cell systems must
not charge batteries during transport;
    (3) For transportation aboard passenger aircraft, when contained in
equipment, each fuel cell system and fuel cell cartridge must conform
to IEC PAS 62282-6-1 Ed. 1 (IBR, see Sec.  171.7 of this subchapter) or
a standard approved by the Associate Administrator;
    (4) For fuel cell cartridges packed with equipment, the maximum
number of fuel cell cartridges in the intermediate packaging must be
the minimum number required to power the equipment, plus 2 spares;
    (5) Large robust articles containing fuel cells may be transported
unpackaged when approved by the Associate Administrator; and
    (6) The mass of a fuel cell cartridge containing a Division 4.3 or
Class 8 materials must be not more than 1 kg (2.2 lbs).
    (7) Fuel cell cartridges intended for transportation in carry-on
baggage on board passenger aircraft must comply with paragraphs (a),
(b), (c), (d) in this section and the applicable provisions prescribed
in Sec.  175.10 of this subchapter.

    (g) Limited quantities. Limited quantities of hazardous materials
contained in fuel cell cartridges are excepted from the labeling,
placarding and the specification packaging requirements of this
subchapter when packaged according to this section. Each package must
conform to the packaging requirements of subpart B of this part and may
not exceed 30 kg (66 pounds) gross weight. Limited quantities of fuel
cell cartridges are not permitted for transportation by aircraft. For
transportation by highway, rail and vessel, the following combination
packagings are authorized:
    (1) For flammable liquids, in fuel cell cartridges containing not
more than 1.0 L (0.3 gallon), packed in strong outer packaging.
    (2) For water-reactive substances (Division 4.3 Dangerous when wet
material), in fuel cell cartridges containing not more than 0.5 L (16.9
fluid ounces) for liquids or not over 0.5 kg (1.1 pound) for solids,
packed in strong outer packaging.
    (3) For corrosive materials, in fuel cell cartridges containing not
more than 1.0 L (0.3 gallon) for liquids or not more than 1.0 kg (2.2
pounds) for solids packed in strong outer packaging.
    (4) For liquefied (compressed) flammable gas, in fuel cell
cartridges not over 120 mL (4 fluid ounces) net capacity each, packed
in strong outer packaging.
    (5) For hydrogen in metal hydride, in fuel cell cartridges not over
120 mL (4 fluid ounces) net capacity each, packed in strong outer
packaging.
    (h) Consumer commodities. A limited quantity which conforms to the
provisions of paragraph (g) of this section and is a ``consumer
commodity'' as defined in Sec.  171.8 of this subchapter may be renamed
``Consumer commodity'' and reclassed as ORM-D. In addition to the
exceptions provided in paragraph (g) of this section, shipments of ORM-
D materials are not subject to the shipping paper requirements of
subpart C of part 172 of this subchapter, unless the material meets the
definition of a hazardous substance, hazardous waste, marine pollutant,
and are eligible for the exceptions provided in Sec.  173.156.
0
44. Section 173.304b is revised to read as follows:

Sec.  173.304b  Additional requirements for shipment of liquefied
compressed gases in UN pressure receptacles.

    (a) General. Liquefied gases and gas mixtures must be offered for
transportation in UN pressure receptacles subject to the requirements
in this section and Sec.  173.304. In addition, the general
requirements applicable to UN pressure receptacles in Sec. Sec.
173.301 and 173.301b must be met.
    (b) UN pressure receptacle filling limits. A UN pressure receptacle
is authorized for the transportation of liquefied compressed gases and
gas mixtures as specified in this section. When a liquefied compressed
gas or gas mixture is transported in a UN pressure receptacle, the
filling ratio may not exceed the maximum filling ratio prescribed in
this section and the applicable ISO standard. Compliance with the
filling limits may be determined by referencing the numerical values
and data in Table 2 of P200 of the UN Recommendations (IBR, see Sec.
171.7 of this subchapter). Alternatively, the maximum allowable filling
limits may be determined as follows:
    (1) For high pressure liquefied gases, in no case may the filling
ratio of the settled pressure at 65 [deg]C (149 [deg]F) exceed the test
pressure of the UN pressure receptacle.
    (2) For low pressure liquefied gases, the filling factor (maximum
mass of contents per liter of water capacity) must be less than or
equal to 95 percent of the liquid phase at 50 [deg]C. In addition, the
UN pressure receptacle may not be liquid full at 60 [deg]C. The test
pressure of the pressure receptacle must be equal to or greater than
the vapor pressure of the liquid at 65 [deg]C.
    (3) For high pressure liquefied gases or gas mixtures, the maximum
filling ratio may be determined using the formulas in (3)(b) of P200 of
the UN Recommendations.
    (4) For low pressure liquefied gases or gas mixtures, the maximum
filling ratio may be determined using the formulas in (3)(c) of P200 of
the UN Recommendations.
    (c) Tetraflouroethylene, stabilized, UN1081 must be packaged in a
pressure receptacle with a minimum test pressure of 200 bar and a
working pressure not exceeding 5 bar.
    (d) Fertilizer ammoniating solution with free ammonia, UN1043 is
not authorized in UN tubes or MEGCs.

0
45. In Sec.  173.306, new paragraph (a)(5) is added; and paragraphs
(b)(1), (b)(2), (b)(3), (i), and (j) are revised to read as follows:

Sec.  173.306  Limited quantities of compressed gases.

    (a) * * *
    (5) For limited quantities of Division 2.2 gases with no subsidiary
risk, when in a plastic container for the sole purpose of expelling a
liquid, paste or powder, provided all of the following conditions are
met. Special exceptions for shipment of aerosols in the ORM-D class are
provided in paragraph (i) of this section.
    (i) Capacity must not exceed 1 L (61.0 cubic inches).
    (ii) Pressure in the container must not exceed 160 psig at 130
[deg]F. If the pressure in the container is less than 140 psig at 130
[deg]F, a non-DOT specification container may be used. If the pressure
in the container exceeds 140 psig at 130 [deg]F but does not exceed 160
psig at 130 [deg]F, the container must conform to specification DOT 2S.
All non-DOT specification and specification DOT 2S containers must be
capable of withstanding, without bursting, a pressure of one and one-
half times the equilibrium pressure of the contents at 130 [deg]F.
    (iii) Liquid content of the material and gas must not completely
fill the container at 130 [deg]F.
    (iv) The container must be packed in strong outside packagings.
    (v) Each container must be subjected to a test performed in a hot
water bath; the temperature of the bath and the duration of the test
must be such that the internal pressure reaches that which would be
reached at 55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the
liquid phase does not exceed 95% of the capacity of the container at 50
[deg]C (122 [deg]F). If the contents are sensitive to heat, the
temperature of the bath must be set at between 20 [deg]C (68 [deg]F)
and 30 [deg]C (86 [deg]F) but, in addition, one container in 2,000 must
be tested at the higher temperature. No leakage or permanent
deformation of a container may occur.
    (vi) Each outside packaging must be marked ``INSIDE CONTAINERS
COMPLY WITH PRESCRIBED REGULATIONS.''
* * * * *
    (b) * * *
    (1) Foodstuffs or soaps in a nonrefillable metal or plastic
container not exceeding 1 L (61.0 cubic inches), with soluble or
emulsified compressed gas, provided the pressure in the container does
not exceed 140 psig at 130 [deg]F. Plastic containers must only contain
Division 2.2 non-flammable soluble or emulsified compressed gas. The
metal or plastic container must be capable of withstanding, without
bursting, a pressure of one and one-half times the equilibrium pressure
of the contents at 130 [deg]F.
    (i) Containers must be packed in strong outside packagings.
    (ii) Liquid content of the material and the gas must not completely
fill the container at 130 [deg]F.
    (iii) Each outside packaging must be marked ``INSIDE CONTAINERS

COMPLY WITH PRESCRIBED REGULATIONS.''
    (2) Cream in refillable metal or plastic containers with soluble or
emulsified compressed gas. Plastic containers must only contain
Division 2.2 non-flammable soluble or emulsified compressed gas.
Containers must be of such design that they will hold pressure without
permanent deformation up to 375 psig and must be equipped with a device
designed so as to release pressure without bursting of the container or
dangerous projection of its parts at higher pressures. This exception
applies to shipments offered for transportation by refrigerated motor
vehicles only.
    (3) Nonrefillable metal or plastic containers charged with a
Division 6.1 Packing Group III or nonflammable solution containing
biological products or a medical preparation which could be
deteriorated by heat, and compressed gas or gases. Plastic containers
must only contain 2.2 non-flammable soluble or emulsified compressed
gas. The capacity of each container may not exceed 35 cubic inches
(19.3 fluid ounces). The pressure in the container may not exceed 140
psig at 130 [deg]F, and the liquid content of the product and gas must
not completely fill the containers at 130 [deg]F. One completed
container out of each lot of 500 or less, filled for shipment, must be
heated, until the pressure in the container is equivalent to
equilibrium pressure of the contents at 130 [deg]F. There must be no
evidence of leakage, distortion, or other defect. The container must be
packed in strong outside packagings.
* * * * *
    (i) Consumer commodities. A limited quantity which conforms to the
provisions of paragraph (a)(1), (a)(3), (a)(5), or (b) of this section
and is a ``consumer commodity'' as defined in Sec.  171.8 of this
subchapter, may be renamed ``consumer commodity'' and reclassed as ORM-
D material. Each package may not exceed 30 kg (66 pounds) gross weight.
In addition to the exceptions provided by paragraphs (a) and (b) of
this section--
    (1) Outside packagings are not required to be marked ``INSIDE
CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS'';
    (2) Shipments of ORM-D materials are not subject to the shipping
paper requirements of subpart C of part 172 of this subchapter, unless
the material meets the definition of a hazardous substance, a hazardous
waste, or a marine pollutant or unless offered for transportation or
transported by aircraft; and
    (3) Shipments of ORM-D materials are eligible for the exceptions
provided in Sec.  173.156.
    (j) Aerosols and receptacles small, containing gas with a capacity
of less than 50 mL. Aerosols, as defined in Sec.  171.8 of this
subchapter, and receptacles small, containing gas, with a capacity not
exceeding 50 mL (1.7 oz.) and with a pressure not exceeding 970 kPa
(141 psig) at 55 [deg]C (131 [deg]F), containing no hazardous materials
other than a Division 2.2 gas, are not subject to the requirements of
this subchapter. The pressure limit may be increased to 2,000 kPa (290
psig) at 55 [deg]C (131 [deg]F) provided the aerosols are transported
in outer packages that conform to the packaging requirements of Subpart
B of this part. This paragraph (j) does not apply to a self-defense
spray (e.g., pepper spray).

0
46. In Sec.  173.307, new paragraph (a)(5) is added to read as follows:

Sec.  173.307  Exceptions for compressed gases.

    (a) * * *
    (5) Manufactured articles or apparatuses, each containing not more
than 100 mg (0.0035 ounce) of inert gas and packaged so that the
quantity of inert gas per package does not exceed 1 g (0.35 ounce).
* * * * *

0
47. In Sec.  173.322, paragraph (d) is revised to read as follows:

Sec.  173.322  Ethyl chloride.

* * * * *
    (d) In specification cylinders as prescribed for any compressed gas
except acetylene. Cylinders made of aluminum alloy are not authorized.

PART 175--CARRIAGE BY AIRCRAFT

0
48. The authority citation for part 175 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.45 and 1.53.

0
49. In Sec.  175.10, paragraphs (a) introductory text, (a)(10),
(a)(15)(i) through (iv), (a)(17), and (a)(18) are revised and a new
paragraph (c) is added to read as follows:

Sec.  175.10  Exceptions for passengers, crewmembers, and air
operators.

    (a) This subchapter does not apply to the following hazardous
materials when carried by aircraft passengers or crewmembers provided
the requirements of Sec. Sec.  171.15 and 171.16 (see paragraph (c) of
this section) and the requirements of this section are met:
* * * * *
    (10) Dry ice (carbon dioxide, solid), with the approval of the
operator:
    (i) Quantities may not exceed 2.5 kg (5.5 pounds) per person when
used to pack perishables not subject to the HMR. The package must
permit the release of carbon dioxide gas; and
    (ii) When carried in checked baggage, each package is marked ``DRY
ICE'' or ``CARBON DIOXIDE, SOLID,'' and marked with the net weight of
dry ice or an indication the net weight is 2.5 kg (5.5 pounds) or less.
* * * * *
    (15) * * *
    (i) The battery meets the requirements of Sec.  173.159a(d) of this
subchapter for non-spillable batteries;
    (ii) Visual inspection including removal of the battery, where
necessary, reveals no obvious defects (removal of the battery from the
housing should be performed by qualified airline personnel only);
    (iii) The battery is disconnected and the battery terminals are
protected to prevent short circuits, unless the wheelchair or mobility
aid design provides an effective means of preventing unintentional
activation, and
    (iv) The battery is--
    (A) Securely attached to the wheelchair or mobility aid;
    (B) Is removed and placed in a strong, rigid packaging marked
``NONSPILLABLE BATTERY'' (unless fully enclosed in a rigid housing that
is properly marked), or
    (C) Is handled in accordance with paragraph (a)(16)(iv) of this
section.
* * * * *
    (17) Except as provided in Sec.  173.21 of this subchapter,
portable electronic devices (for example, watches, calculating
machines, cameras, cellular phones, lap-top and notebook computers,
camcorders, etc.) containing cells or batteries (including lithium
cells or batteries) and spare batteries and cells for these devices,
when carried by passengers or crew members for personal use. Each spare
battery must be individually protected so as to prevent short circuits
(by placement in original retail packaging or by otherwise insulating
terminals, e.g., by taping over exposed terminals or placing each
battery in a separate plastic bag or protective pouch) and carried in
carry-on baggage only. In addition, each installed or spare battery
must not exceed the following:
    (i) For a lithium metal battery, a lithium content of not more than
2 grams per battery; or
    (ii) For a lithium-ion battery, an aggregate equivalent lithium
content of not more than 8 grams per battery, except that up to two
batteries with an aggregate equivalent lithium content of

more than 8 grams but not more than 25 grams may be carried.
    (18) Portable electronic devices (for example, cameras, cellular
phones, laptop computers, and camcorders) powered by fuel cell systems,
and not more than two spare fuel cell cartridges per passenger or crew
member, when transported in carry-on baggage for personal use under the
following conditions:
    (i) Fuel cell cartridges may contain only Division 2.1 liquefied
flammable gas, or hydrogen in a metal hydride, Class 3 flammable
liquids (including methanol), Division 4.3 water reactive substances,
or Class 8 corrosive materials;
    (ii) The maximum quantity of fuel in any fuel cell cartridge may
not exceed:
    (A) 200 mL (6.76 ounces) for liquids,
    (B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic
fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in
metal fuel cell cartridges;
    (C) 200 g (7 ounces) for solids; or
    (D) 120 mL (4 fluid ounces) for hydrogen in a metal hydride.
    (iii) No more than two spare fuel cell cartridges may be carried by
a passenger;
    (iv) Fuel cell systems containing fuel and fuel cell cartridges
including spare cartridges are permitted in carry-on baggage only;
    (v) Fuel cell cartridges containing hydrogen in a metal hydride
must meet the requirements in Sec.  173.230(d);
    (vi) Fuel cell cartridges may not be refillable by the user.
Refueling of fuel cell systems is not permitted except that the
installation of a spare cartridge is allowed. Fuel cell cartridges that
are used to refill fuel cell systems but that are not designed or
intended to remain installed (fuel cell refills) in a portable
electronic device are not permitted;
    (vii) Fuel cell systems and fuel cell cartridges must conform to
IEC/PAS 62282-6-1 (IBR; see Sec.  171.7 of this subchapter);
    (viii) Interaction between fuel cells and integrated batteries in a
device must conform to IEC/PAS 62282-6-1 (IBR, see Sec.  171.7 of this
subchapter). Fuel cell systems for which the sole function is to charge
a battery in the device are not permitted;
    (ix) Fuel cell systems must be of a type that will not charge
batteries when the consumer electronic device is not in use; and
    (x) Each fuel cell cartridge and system that conforms to the
requirements in this paragraph (a)(18) must be durably marked by the
manufacturer with the wording: ``APPROVED FOR CARRIAGE IN AIRCRAFT
CABIN ONLY'' to certify that the fuel cell cartridge or system meets
the specifications in IEC/PAS 62282-6-1 (IBR, see Sec.  171.7 of this
subchapter) and with the maximum quantity and type of fuel contained in
the cartridge or system.
* * * * *
    (c) The requirements to submit incident reports as required under
Sec. Sec.  171.15 and 171.16 of this subchapter apply to the air
carrier.

0
50. In Sec.  175.33, paragraphs (a)(1)(i) and (c)(4) are revised and a
new paragraph (a)(11) is added to read as follows:

Sec.  175.33  Shipping paper and notification of pilot-in-command.

* * * * *
    (a) * * *
    (1) * * *
    (i) Section 172.101 of this subchapter. Except for the requirement
to indicate the type of package, any additional description
requirements provided in Sec. Sec.  172.202, and 172.203 of this
subchapter must also be shown on the notification.
* * * * *
    (11) For UN1845, Carbon dioxide, solid (dry ice), only the UN
number, proper shipping name, hazard class, total quantity in each hold
aboard the aircraft, and the airport at which the package(s) is to be
unloaded must be provided.
* * * * *
    (c) * * *
    (4) Make available, upon request, to an authorized official of a
Federal, State, or local government agency (including an emergency
responder(s)) at reasonable times and locations, the documents or
information required to be retained by this paragraph. In the event of
a reportable incident, as defined in Sec.  171.15 of this subchapter,
make immediately available to an authorized official of a Federal,
State, or local government agency (including an emergency responders),
the documents or information required to be retained by this paragraph.
* * * * *

0
51. In Sec.  175.75, paragraph (d) and (e) are revised, and add a new
paragraph (f) to read as follows:

Sec.  175.75  Quantity limitations and cargo location.

* * * * *
    (d) Each package displaying a ``Cargo Aircraft Only'' label must be
loaded on cargo aircraft as follows:
    (1) In a manner that a crew member or other authorized person can
access, handle and when size and weight permit, separate such packages
from other cargo during flight;
    (2) In a cargo compartment certified by FAA as a Class C aircraft
cargo compartment as defined in 14 CFR 25.857(c); or
    (3) In an FAA-certified freight container that has an approved fire
or smoke detection system and fire suppression system equivalent to
that required by the certification requirements for a Class C aircraft
cargo compartment.
    (e) For cargo aircraft only, the requirements of paragraph (c) and
(d) do not apply to the following hazardous materials:
    (1) Class 3--Packing Group III (that do not meet the definition of
another hazard class), Division 6.1 (except those also labeled
FLAMMABLE), Division 6.2, Class 7, Class 9 or ORM-D.
    (2) Division 2.2 in that an additional 75 kg (165 pounds) net
weight of Division 2.2 material is authorized in inaccessible
locations.
    (3) Packages of hazardous materials transported aboard a cargo
aircraft, when other means of transportation are impracticable or not
available, in accordance with procedures approved in writing by the FAA
Regional or Field Security Office in the region where the operator is
located.
    (4) Packages of hazardous materials carried on small, single pilot,
cargo aircraft if:
    (i) No person is carried on the aircraft other than the pilot, an
FAA inspector, the shipper or consignee of the material, a
representative of the shipper or consignee so designated in writing, or
a person necessary for handling the material;
    (ii) The pilot is provided with written instructions on the
characteristics and proper handling of the materials; and
    (iii) Whenever a change of pilots occurs while the material is on
board, the new pilot is briefed under a hand-to-hand signature service
provided by the operator of the aircraft.
    (f) At a minimum, quantity limits and loading instructions in the
following quantity and loading tables must be followed to maintain
acceptable quantity and loading between packages containing hazardous
materials. These requirements do not apply to Class 9 or ORM-D
materials. For cargo aircraft only packages containing hazardous
materials, packages loaded in conformance with paragraph (d) of this
section are considered accessible for the purposes of the Cargo Only
Aircraft table. The quantity and loading tables are as follows:
* * * * *

0
52. In Sec.  175.88, paragraph (c) is revised to read as follows:

Sec.  175.88  Inspection, orientation and securing packages of
hazardous materials.

* * * * *
    (c) Packages containing hazardous materials must be secured in an
aircraft in a manner that will prevent any shifting or any change in
the orientation of the packages. Packages containing Class 7
(radioactive) materials must be secured in a manner that ensures that
the separation requirements of Sec. Sec.  175.701 and 175.702 will be
maintained at all times during flight.

0
53. In Sec.  175.700, paragraph (a) is revised to read as follows:

Sec.  175.700  Special limitations and requirements for Class 7
materials.

    (a) Except as provided in Sec. Sec.  173.4a, 173.422 and 173.423 of
this subchapter, no person may carry any Class 7 materials aboard a
passenger-carrying aircraft unless that material is intended for use
in, or incident to research (See Sec.  171.8 of this subchapter),
medical diagnosis or treatment. Regardless of its intended use, no
person may carry a Type B(M) package aboard a passenger-carrying
aircraft, a vented Type B(M) package aboard any aircraft, or a liquid
pyrophoric Class 7 material aboard any aircraft.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
54. The authority citation for part 176 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

0
55. In Sec.  176.2, the definition for ``Commandant (G-MSO), USCG'' is
revised to read as follows:

Sec.  176.2  Definitions.

* * * * *
    Commandant (CG-522), USCG means the Chief, Office of Operating and
Environmental Standards, United States Coast Guard, Washington, DC
20593-0001.
* * * * *

0
56. In Sec.  176.3, paragraph (a) is revised to read as follows:

Sec.  176.3  Unacceptable hazardous materials shipments.

    (a) A carrier may not transport by vessel any shipment of a
hazardous material that is not prepared for transportation in
accordance with parts 172 and 173 of this subchapter, or as authorized
by subpart C of part 171 of this subchapter.
* * * * *

0
57. In Sec.  176.84, in paragraph (b), in the Table of provisions, Code
``134'', Code ``139'' and Code ``140'' are removed; and new Codes
``145'' and ``146'' are added in the appropriate numerical order to
read as follows:

Sec.  176.84  Other requirements for stowage and segregation for cargo
vessels and passenger vessels.

* * * * *
    (b) * * *

------------------------------------------------------------------------
             Code                              Provisions
------------------------------------------------------------------------

                                * * * * *
145..........................  Stow ``separated from'' ammonium
                                compounds except for UN1444.
146..........................  Category B stowage applies for unit loads
                                in open cargo transport units.
------------------------------------------------------------------------

* * * * *

0
58. In Sec.  176.172, paragraph (a) introductory text is revised to
read as follows:

Sec.  176.172  Structural serviceability of freight containers and
vehicles carrying Class 1 (explosive) materials on ships.

    (a) Except for Division 1.4 materials, a freight container may not
be offered for the carriage of Class 1 (explosive) materials, unless
the container is structurally serviceable as evidenced by a current CSC
(International Convention for Safe Containers) approval plate and
verified by a detailed visual examination as follows:
* * * * *

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
59. The authority citation for part 178 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

0
60. In Subpart B of Part 178, add and reserve Sec.  178.33b and add new
Sec. Sec.  178.33b-1 through 178.33b-9 to read as follows:

Sec.
178.33b Specification 2S; inner nonrefillable plastic receptacles
[Reserved]
178.33b-1 Compliance.
178.33b-2 Type and size.
178.33b-3 Inspection.
178.33b-4 Duties of inspector.
178.33b-5 Material.
178.33b-6 Manufacture.
178.33b-7 Design Qualification Test.
178.33b-8 Production Tests.
178.33b-9 Marking.

Sec.  178.33b  Specification 2S; inner nonrefillable plastic
receptacles [Reserved]

Sec.  178.33b-1  Compliance.

    (a) Required in all details.
    (b) [Reserved]

Sec.  178.33b-2  Type and size.

    (a) Single-trip inside containers.
    (b) The maximum capacity of containers in this class shall not
exceed one liter (61.0 cubic inches). The maximum inside diameter shall
not exceed 3 inches.

Sec.  178.33b-3  Inspection.

    (a) By competent inspector.
    (b) [Reserved]

Sec.  178.33b-4  Duties of inspector.

    (a) To inspect material and completed containers and witness tests,
and to reject defective materials or containers.
    (b) [Reserved]

Sec.  178.33b-5  Material.

    (a) The receptacles must be constructed of polyethylene
terephthalate (PET), polyethylene napthalate (PEN), polyamide (Nylon)
or a blend of PET, PEN, ethyl vinyl alcohol (EVOH) and/or Nylon.
    (b) Material with seams, cracks, laminations or other injurious
defects are forbidden.

Sec.  178.33b-6  Manufacture.

    (a) Each container must be manufactured by thermoplastic processes
that will assure uniformity of the completed container. No used
material other than production residues or regrind from the same
manufacturing process may be used. The packaging must be adequately
resistant to aging and to degradation caused either by the substance
contained or by ultraviolet radiation.
    (b) [Reserved]

Sec.  178.33b-7  Design Qualification Test.

    (a) Drop Testing.
    (1) To ensure that creep does not affect the ability of the
container type to retain the contents, each container type shall be
drop tested as follows: three groups of twenty-five filled containers
shall be dropped from 1.8m on to a rigid, non-resilient, flat and
horizontal surface. One group must be conditioned at 38 [deg]C (100
[deg]F) for 26 weeks, the second group for 100 hours at 50 [deg]C (122
[deg]F) and the third group for 18 hours at 55 [deg]C (131 [deg]F),
prior to performing the drop test.
    (2) Criteria for passing the drop test: the containers must not
break or leak.
    (b) [Reserved]

Sec.  178.33b-8  Production Tests.

    (a) Burst Testing. (1) One out of each lot of 5,000 containers or
less, successively produced per day must be pressure tested to
destruction and must not burst below 240 psig. The container

tested must be complete as intended for transportation.
    (2) Each such 5,000 containers or less, successively produced per
day, shall constitute a lot and if the test container shall fail, the
lot shall be rejected or ten additional containers may be selected at
random and subjected to the test under which failure occurred. These
containers shall be complete as intended for transportation. Should any
of the ten containers thus tested fail, the entire lot must be
rejected. All containers constituting a lot shall be of like material,
size, design construction, finish, and quality.
    (b) Leak Testing. (1) Each empty container must be subjected to a
pressure equal to or in excess of the maximum expected in the filled
containers at 55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the
liquid phase does not exceed 95 percent of the capacity of the
container at 50 [deg]C (122 [deg]F). This must be at least two-thirds
of the design pressure of the aerosol dispenser. If any container shows
evidence of leakage at a rate equal to or greater than 3.3 x
10-2mbar.l.s-1 at 20 [deg]C (68 [deg]F), at the
test pressure, distortion or other defect, it must be rejected.
    (2) Prior to filling, the filler must ensure that the crimping
equipment is set appropriately and the specified propellant is used.
Once filled, each container must be weighed and leak tested. The leak
detection equipment must be sufficiently sensitive to detect at least a
leak rate of 2.0 x 10-3mbar.l.s-1 at 20 [deg]C
(68 [deg]F). Any filled container which shows evidence of leakage,
deformation, or excessive weight must be rejected.

Sec.  178.33b-9  Marking.

    (a) Each container must be clearly and permanently marked to show:
    (1) DOT-2S.
    (2) Name or symbol of person making the mark specified in paragraph
(a)(1) of this section. Symbol, if used, must be registered with the
Associate Administrator.
    (b) [Reserved]

0
61. In Sec.  178.502, paragraph (d) is revised and a note to the
section is added to read as follows:

Sec.  178.502  Identification codes for packagings.

* * * * *
    (d) Identification codes are set forth in the standards for
packagings in Sec. Sec.  178.504 through 178.523 of this subpart.

    Note to Sec.  178.502: Plastics materials include other
polymeric materials such as rubber.

0
62. In Sec.  178.703, paragraph (a)(1)(vii) is revised to read as
follows:

Sec.  178.703  Marking of IBCs.

    (a) * * *
    (1) * * *
    (vii)(A) The stacking test load in kilograms (kg). For IBCs not
designed for stacking, the figure ``0'' and the symbol for IBCs not
capable of being stacked must be displayed. For IBCs designed for
stacking, the maximum permitted stacking load applicable when the IBC
is in use must be included with the symbol for IBCs capable of being
stacked. All IBCs manufactured, repaired or remanufactured after
January 1, 2011 must display the applicable symbol as follows:
[GRAPHIC] [TIFF OMITTED] TR14JA09.003

    (B) The symbol shall be not less than 100 mm (3.9 inches) x 100 mm
(3.9 inches), be durable and clearly visible. The letters and numbers
shall be at least 12 mm high (.48 inches). The mass marked above the
symbol shall not exceed the load imposed during the design test divided
by 1.8.
* * * * *

0
63. In Sec.  178.801, paragraph (f)(1)(i) is revised to read as
follows:

Sec.  178.801  General requirements.

* * * * *
    (f) * * *
    (1) * * *
    (i) The IBC need not have its closures fitted, except that the IBC
must be fitted with its primary bottom closure.
* * * * *

0
64. In Sec.  178.810, paragraph (e) is revised to read as follows:

Sec.  178.810  Drop test.

* * * * *
    (e) Criteria for passing the test. For all IBC design types, there
may be no damage which renders the IBC unsafe to be transported for
salvage or for disposable, and no loss of contents. The IBC shall be
capable of being lifted by an appropriate means until clear of the
floor for five minutes. A slight discharge from a closure upon impact
is not considered to be a failure of the IBC provided that no further
leakage occurs. A slight discharge (e.g., from closures or stitch
holes) upon impact is not considered a failure of the flexible IBC
provided that no further leakage occurs after the IBC has been raised
clear of the ground.

    Issued in Washington, DC on December 30, 2008, under authority
delegated in 49 CFR part 1.
Carl T. Johnson,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. E8-31383 Filed 1-13-09; 8:45 am]

BILLING CODE 4910-60-P