[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Rules and Regulations]
[Pages 15796-15897]
[FR Doc No: 2017-04565]

Vol. 82

Thursday,

No. 60

March 30, 2017

Part II

Department of Transportation

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Pipeline and Hazardous Materials Safety Administration

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49 CFR Parts 107, 171, 172, et al.

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

Federal Register / Vol. 82 , No. 60 / Thursday, March 30, 2017 /
Rules and Regulations

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, 172, 173, 175, 176, 178, and 180

[Docket No. PHMSA-2015-0273 (HM-215N)]
RIN 2137-AF18

Hazardous Materials: Harmonization With International Standards
(RRR)

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

ACTION: Final rule.

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SUMMARY: PHMSA is issuing a final rule to amend the Hazardous Materials
Regulations (HMR) to maintain consistency 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. These revisions
are necessary to harmonize the HMR 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, and the United Nations Recommendations on
the Transport of Dangerous Goods--Model Regulations. Additionally,
PHMSA is adopting several amendments to the HMR that result from
coordination with Canada under the U.S.-Canada Regulatory Cooperation
Council.

DATES: Effective date: This rule is effective March 30, 2017, except
for instruction 22, which is effective January 2, 2019.
    Voluntary compliance date: January 1, 2017.
    Delayed compliance date: Unless otherwise specified, compliance
with the amendments adopted in this final rule is required beginning
January 1, 2018.
    Incorporation by reference date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of March 30, 2017.

FOR FURTHER INFORMATION CONTACT: Steven Webb International Standards,
(202) 366-8553, Pipeline and Hazardous Materials Safety Administration,
U.S. Department of Transportation, 1200 New Jersey Avenue SE., 2nd
Floor, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Comment Discussion
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for This Rulemaking
    B. Executive Order 12866, Executive Order 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. Regulation Identifier Number (RIN)
    H. Unfunded Mandates Reform Act of 1995
    I. Environmental Assessment
    J. Privacy Act
    K. Executive Order 13609 and International Trade Analysis
    L. National Technology Transfer and Advancement Act
List of Subjects

I. Executive Summary

    The Pipeline and Hazardous Materials Safety Administration (PHMSA)
is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171
to 180) to maintain consistency 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 HMR 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.) directs PHMSA to participate in relevant
international standard-setting bodies and promotes consistency of the
HMR with international transport standards to the extent practicable.
Federal hazmat law permits PHMSA to depart from international standards
where appropriate, including to promote safety or other overriding
public interest. However, Federal hazmat law otherwise encourages
domestic and international harmonization (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. Safety
is enhanced by creating a uniform framework for compliance, and as the
volume of hazardous materials transported in international commerce
continues to grow, harmonization becomes increasingly important.

II. Background

    PHMSA published a notice of proposed rulemaking (NPRM) under Docket
HM-215N [81 FR 61741 (Sept. 7, 2016)] to incorporate various amendments
to harmonize the HMR with recent changes to the International Maritime
Dangerous Goods Code (IMDG Code), the International Civil Aviation
Organization's Technical Instructions for the Safe Transport of
Dangerous Goods by Air (ICAO Technical Instructions), and the United
Nations Recommendations on the Transport of Dangerous Goods--Model
Regulations (UN Model Regulations). 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 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 final rule, PHMSA is amending the HMR to
incorporate changes from the 19th Revised Edition of the UN Model
Regulations, Amendment 38-16 of the IMDG Code, and the 2017-2018 ICAO
Technical Instructions, which become effective January 1, 2017.
(Amendment 38-16 to the IMDG Code may be voluntarily applied on January
1, 2017; however, the previous amendment remains effective through
December 31, 2017) Notable amendments to the HMR in this final rule
include the following:
     Incorporation by Reference: PHMSA incorporates by
reference the newest versions of various international hazardous
materials standards, including the 2017-2018 Edition of the ICAO
Technical Instructions; Amendment 38-16 of the IMDG Code; the 19th
Revised Edition of the UN Model Regulations; the 6th Revised Edition of
the UN Manual of Tests and Criteria; and the 6th Revised Edition of the
Globally Harmonized System of Classification and Labelling of
Chemicals. Additionally, we are updating our incorporation by reference
of the Canadian Transportation of Dangerous Goods (TDG) Regulations to
include SOR/2014-152 and SOR/2014-

159 published July 2, 2014; SOR/2014-159 Erratum published July 16,
2014; SOR/2014-152 Erratum published August 27, 2014; SOR/2014-306
published December 31, 2014; SOR/2014-306 Erratum published January 28,
2015; and SOR/2015-100 published May 20, 2015. Finally, in this final
rule, PHMSA adopts various updated International Organization for
Standardization (ISO) standards.
     Hazardous Materials Table (HMT): PHMSA amends the Sec.
172.101 Hazardous Materials Table (HMT) consistent with recent changes
in the Dangerous Goods List of the 19th Revised Edition of the UN Model
Regulations, the IMDG Code, and the ICAO Technical Instructions.
Specifically, we are making amendments to the HMT to add, revise, or
remove certain proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, bulk packaging
requirements, and passenger and cargo aircraft maximum quantity limits.
     Provisions for Polymerizing Substances: PHMSA includes in
the HMT four new Division 4.1 entries for polymerizing substances and
adds into the HMR defining criteria, authorized packagings, and safety
requirements including, but not limited to, stabilization methods and
operational controls. These provisions will be in effect until January
2, 2019. During the interim time period, PHMSA intends to review and
research the implications of the polymerizing substance amendments
during this two-year timeframe, and readdress the issue in the next
international harmonization rulemaking.
     Modification of the Marine Pollutant List: PHMSA modifies
the list of marine pollutants in appendix B to Sec.  172.101. The HMR
maintain this 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 this list based on changes to the IMDG Code
and evaluation of listed materials.
     Packaging Requirements for Water-Reactive Materials
Transported by Vessel: PHMSA amends packaging requirements for vessel
transportation of water-reactive substances consistent with
requirements in the IMDG Code. The amendments include changes to the
packaging requirements to require certain commodities to have
hermetically sealed packaging and to require other commodities--when
packed in flexible, fiberboard, or wooden packagings--to have sift-
proof and water-resistant packaging or packaging fitted with a sift-
proof and water-resistant liner.
     Hazard Communication Requirements for Lithium Batteries:
PHMSA revises hazard communication requirements for shipments of
lithium batteries consistent with changes adopted in the 19th Revised
Edition of the UN Model Regulations. Specifically, PHMSA adopts a new
lithium battery label in place of the existing Class 9 label; amends
the existing marking requirements for small lithium battery shipments
in Sec.  173.185(c) to incorporate a new standard lithium battery mark
for use across all modes; \1\ removes the documentation requirement in
Sec.  173.185(c) for shipments of small lithium cells and batteries;
and requires the lithium battery mark be applied to each package
containing small lithium cells or batteries contained in equipment when
there are more than four lithium cells or two lithium batteries
installed in the equipment or where there are more than two packages in
the consignment.
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    \1\ Small cells and batteries for the purposes of this
rulemaking are a lithium metal cell containing not more than 1 gram
of lithium metal, a lithium metal battery containing not more than 2
grams of lithium metal, a lithium ion cell not more than 20 Watt-
hours (Wh), and a lithium ion battery not more than 100 Wh (49 CFR
173.185(c) and Section II of Packing Instructions 965 and 968 in the
ICAO Technical Instructions).
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     Engine, Internal Combustion/Machinery, Internal
Combustion: PHMSA harmonizes the HMT proper shipping names utilized for
the transportation of engines and machinery containing engines with
those in the UN Model Regulations. Additionally, PHMSA harmonizes with
the IMDG Code for domestic vessel shipments of engines, internal
combustion, and machinery containing combustion engines. Existing
requirements and exceptions for the transportation of engines and
machinery containing engines transported by road, rail, and aircraft
remain unchanged. However, PHMSA is harmonizing the transportation
requirements for transportation by vessel, which includes varying
degrees of hazard communication based on the type of fuel, amount of
fuel, and capacity of the fuel tank.
     U.S.-Canada Regulatory Cooperation Council (RCC)
Amendments: PHMSA makes amendments to the HMR resulting from
coordination with Canada under the U.S.-Canada RCC. Specifically, we
are adopting provisions for recognition of Transport Canada (TC)
cylinders, equivalency certificates (permit for equivalent level of
safety), and inspection and repair of cargo tanks. In a parallel
effort, Transport Canada is adopting similar regulatory changes that
will provide reciprocal recognition of DOT cylinders and DOT special
permits.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

    The UN Recommendations on the Transport of Dangerous Goods--Model
Regulations, Manual of Tests and Criteria, and Globally Harmonized
System of Classification and Labelling of Chemicals, as well as all of
the Transport Canada Clear Language Amendments, are free and easily
accessible to the public on the internet, with access provided through
the parent organization Web sites. The ICAO Technical Instructions,
IMDG Code, and all ISO references are available for interested parties
to purchase in either print or electronic versions through the parent
organization Web sites. The price charged for those not freely
available references helps to cover the cost of developing,
maintaining, hosting, and accessing these standards. The specific
standards are discussed at length in the ``Section-by-Section Review''
for Sec.  171.7.
    PHMSA received a comment from the Commercial Vehicle Safety
Alliance (CVSA) recommending that access (including electronic and
print media) to materials, such as technical standards developed by
non-governmental organizations and incorporated by reference into
regulation, be required at no additional charge for enforcement and
government purposes. As noted, many of the standards incorporated by
reference in this final rule are available for free through their
parent organizations. However, some standards that are essential to
ensure shippers offer hazardous materials in accordance with
international standards are simply not available for free public
access, and PHMSA is unable to provide unrestricted access to these
materials. Members of the public may access hard copies of standards
incorporated by reference at PHMSA's Hazardous Materials Information
Center (HMIC) at DOT Headquarters in Washington, DC. Members of the
public may make arrangements to visit the HMIC by visiting HMIC's Web
site at http://www.phmsa.dot.gov/hazmat/standardsrulemaking/hmic or by
telephone at<PHONE_NUMBER>. PHMSA staff will work directly with any
person requesting access to these standards.

IV. Comment Discussion

    In response to the September 7, 2016 NPRM [81 FR 61741], PHMSA
received comments from the following organizations and individuals:

 Christopher Adams
 Alaska Airlines
 American Coatings Association (ACA)
 Anonymous
 Arkema Inc.
 Basic Acrylic Monomer Manufacturers, Inc. (BAMM) and the
Methacrylate Producers Association, Inc. (MPA)
 Sean Bevan
 Commercial Vehicle Safety Alliance (CVSA)
 Council on Safe Transportation of Hazardous Articles
(COSTHA)
 CTC Certified Training Co.
 Dangerous Goods Advisory Council (DGAC)
 Deltech Corporation
 Department of Defense (DOD)
 Dow Chemical (Dow)
 FIBA Technologies, Inc.
 Greg Hudspeth
 The Institute of Makers of Explosives (IME)
 International Vessel Operators Dangerous Goods Association
(IVODGA)
 Brent Knoblett
 Labelmaster Services
 National Tank Truck Carriers (NTTC)
 The Rechargeable Battery Association (PRBA)
 Wesley Scott
 Specialty Trailer Leasing Inc.
 United Parcel Service (UPS)
 U.S. Amines
 Western International Gas Cylinders
 Worthington Industries

    Notably, Dow requested an additional two-year delayed compliance
period for any polymerizing substance amendments made in this final
rule. Dow contends that appropriate test methods must be determined,
materials must be tested, and if the material is determined to be
regulated, appropriate packaging must be selected. PHMSA is sympathetic
to the concerns raised by Dow, but in order to ensure the safe and
efficient transportation of these commodities, PHMSA will maintain the
general one-year transition period for these changes. Additional
comments specific to the respective HMR sections are addressed in the
``Section-by-Section Review'' of this document.\2\
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    \2\ Comments which were outside the scope of this rulemaking are
not addressed in this final rule.
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    PHMSA concluded that comments made by Specialty Trailer Leasing,
Inc., Mr. Greg Hudspeth, the American Coating Association, and portions
of comments made by Worthington Industries are outside the scope of
this rulemaking. Therefore, PHMSA did not address these comments in
this rulemaking.

Polymerizing Substances

    In the NPRM, PHMSA proposed incorporating into the HMT four new
Division 4.1 entries for polymerizing substances and adding into the
HMR defining criteria, authorized packagings, and safety requirements
including, but not limited to, stabilization methods and operational
controls for these new entries and existing entries requiring
stabilization.
    PHMSA received comments from Arkema Inc., BAMM & MPA, Deltech
Corporation, DGAC, Dow Chemical, and U.S. Amines concerning our
proposed amendments. These comments addressed: Materials assigned SP
387 requiring stabilization; testing methods for determining self-
accelerating polymerization temperature (SAPT); questions concerning
testing requirements for materials already identified in the HMT as
materials requiring stabilization; exclusion from classification as
polymerizing substances of materials meeting the definition of another
hazard class (including combustible liquids); and the SAPT temperature
threshold before temperature control is required for portable tanks
transporting polymerizing substances.
    U.S. Amines requested that PHMSA reconsider assigning special
provision 387 to Dipropylamine (UN2383). U.S. Amines asserts this
material does not pose a polymerization risk and provides safety data
sheets and other associated technical data to substantiate their claim.
Based on a review of the material in question, PHMSA agrees and is not
assigning either special provision 387 or stowage code 25 to this
material.
    PHMSA received comments from Arkema Inc., BAMM & MPA, DGAC, and
Deltech raising concerns over PHMSA's proposal to require polymerizing
substances intended to be transported in portable tanks or IBC's to
undergo the Test Series E heating under confinement testing from the UN
Manual of Tests and Criteria. The commenters state that when
polymerizing substances react in the test apparatus they often clog the
test apparatus orifice. They further state this testing leads to
unreliable, overly conservative results suggesting the material poses a
greater hazard from heating under confinement that it actually does.
Additionally, the commenter requested PHMSA align with the
international approach for testing these substances, which only
requires testing the substances under Test Series H to determine the
substances' SAPT. While testing in accordance with UN Series E does
present difficulties, this testing has been performed in the past in
support of approval applications for various polymerizing substances.
Additionally, while a clogged orifice within the Series E tests could
be overly conservative, it is important to note that similar situations
may occur during transport. For instance, a polymerizing substance
which clogs the orifice during testing could potentially clog the
pressure relief device on a portable tank. In such an incident, the
testing would provide similar results on what could be expected within
a transportation situation. Test Series E and H do not measure and/or
predict the same phenomena. PHMSA notes Test Series E (or an equivalent
performance measure) provides information on how the material behaves
when heated under confinement. Test Series H provides information on
the SAPT, and thus the potential need for temperature controls. These
two tests are synergistic, and not mutually exclusive. For these
reasons, PHMSA is maintaining the testing requirements for polymerizing
substances as proposed in the NPRM.
    PHMSA received questions from Arkema Inc., BAMM & MPA, and Dow
about exclusions from classification as polymerizing substances for
combustible liquids and Class 9 substances. These same commenters also
ask about testing requirements for materials currently identified in
the HMT that may also polymerize. Arkema Inc., BAMM & MPA, and DOW
request clarification that as proposed in the NPRM materials meeting
the definition of a combustible liquid and a polymerizing substance
would not need to be offered as a polymerizing substance. Arkema Inc.
and BAMM & MPA similarly ask if substances meeting the definitions of
Class 9 and polymerizing substances need to be offered as a
polymerizing substance. The definition of polymerizing substance
adopted by the UN Model Regulations excludes substances that meet the
criteria for inclusion in Classes 1-8. In the NPRM we proposed to
exclude all materials that meet the definition of any other hazard
class. To further harmonize the HMR definition of polymerizing
substances with that found in the Model Regulations, PHMSA is amending
Sec.  173.124(a)(4)(iii) to exclude substances that meet the criteria
for inclusion in Classes 1-8, including combustible liquids. It is our
belief that polymerizing substances that also meet the definition of
Class 9 would be limited to environmentally hazardous substances. Much
like the UN we believe that the polymerizing

properties of these materials should take precedence in the
identification of these materials, and that the applicable additional
description elements (i.e. marine pollutant or ``RQ'' for hazardous
substance) should be appropriately identified by shippers. Substances
that meet the defining criteria for combustible liquids and
polymerizing substances are only required to be offered for
transportation as a combustible liquid.
    PHMSA received comments from BAMM & MPA, Deltech Corporation, and
DGAC concerning our proposal to maintain a minimum SAPT temperature of
50 [deg]C for portable tanks versus the internationally adopted 45
[deg]C. The commenters cite PHMSA's decision not to harmonize the
transport provisions applicable to self-reactive materials and organic
peroxides and potential non-compliance concerns for imported materials
that were evaluated and offered for transport at different temperatures
than the proposal would require in the HMR. PHMSA has, and does still
maintain that 50 [deg]C is the maximum temperature reasonable expected
to be experienced by any self-reactive, organic peroxide, and/or
polymerizing substance. Additionally, we note that this 50 [deg]C (122
[deg]F) temperature is consistent with existing requirements for
Division 4.1 (Self-reactive) and Division 5.2 (Organic peroxide)
hazardous materials.
    PHMSA received comments the proposed inclusion of HMT entries,
classification criteria, and transport provisions for polymerizing
substances. In light of the commenter's concerns, PHMSA is including
``sunset'' provisions for all amendments concerning polymerizing
substances. In each regulatory citation adding or amending requirements
for polymerizing substances we are including regulatory text that will
sunset the provision after a two-year period from the effective date of
this rule. PHMSA intends to review and research the implications of the
polymerizing substance amendments during this two-year timeframe, and
readdress the issue in the next international harmonization rulemaking.
During the next international harmonization rulemaking, we will
specifically solicit comments from the public on their experiences
utilizing these provisions. If PHMSA does not take subsequent action to
amend these provisions, the HMR would revert to the requirements in
effect before the issuance of this final rule.

V. Section-by-Section Review

    The following is a section-by-section review of the amendments
adopted in this final rule:

Part 107

Section 107.502
    Section 107.502 provides general requirements for the registration
of cargo tanks and cargo tank motor vehicle manufacturers, assemblers,
repairers, inspectors, testers, and design certifying engineers. PHMSA
is revising paragraph (b) to provide an exception from the registration
requirements for certain persons engaged in the repair, as defined in
Sec.  180.403, of DOT specification cargo tanks by facilities in Canada
in accordance with the requirements of Sec.  180.413(a)(1)(iii) in this
final rule. Persons engaged in the repair of cargo tanks in Canada are
required to register in accordance with the Transport Canada TDG
Regulations, as the Canadian registration requirements are
substantially equivalent to those in part 107, subpart F of the HMR.
The registration information is available on Transport Canada's Web
site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/highway/tanks.aspx. The Transport Canada TDG Regulations except persons
repairing TC specification cargo tanks at facilities in the United
States from registering in Canada if they are registered in accordance
with part 107, subpart F.
    Therefore, PHMSA believes that requiring the registration of
Canadian cargo tank repair facilities authorized by Sec.
180.413(a)(1)(iii) is unnecessarily duplicative and that excepting them
from registering in accordance with part 107 subpart F augments
reciprocity without negatively impacting safety. See the Sec.  180.413
entry in the ``Section-by-Section Review'' of this document for
additional background and discussion of this change.
Section 107.801
    Section 107.801 prescribes approval procedures for persons seeking
to engage in a variety of activities regulated by PHMSA (i.e.,
independent inspection agencies, cylinder requalification). PHMSA is
amending paragraph (a)(2) to include provisions for persons seeking
approval to engage in the requalification, rebuilding, or repair of a
cylinder manufactured in accordance with a Transport Canada (TC),
Canadian Transportation Commission (CTC), Board of Transport
Commissioners for Canada (BTC), or Canadian Railway Commission (CRC)
specification under the Transport Canada TDG Regulations. Persons
engaged in the requalification, rebuilding, or repair of TC, CTC, BTC,
or CRC specification cylinders in the U.S. are required to register
with DOT in accordance with this subpart. PHMSA will issue a new
approval or revise an existing one to reflect the applicant's intent to
requalify TC cylinders. See the Sec.  107.805 entry in the ``Section-
by-Section Review'' of this document for discussion of this change, as
well as for additional requirements and exceptions.
Section 107.805
    Section 107.805 prescribes the requirements cylinder and pressure
receptacle requalifiers must meet in order to be approved by PHMSA.
PHMSA is amending paragraph (a) to authorize prospective requalifiers
to obtain approval by PHMSA to inspect, test, certify, repair, or
rebuild TC specification cylinders; amending paragraph (c)(2) to ensure
the types of TC cylinders intended to be inspected, tested, repaired,
or rebuilt at the facility are included in the application for approval
to PHMSA; and amending paragraph (d) to include various TC cylinders to
the list of cylinders requiring issuance of a RIN to requalifiers.
    PHMSA is also amending paragraph (f) to recognize facilities
authorized by Transport Canada to requalify comparable DOT
specification cylinders, as well as DOT RIN holders to requalify
comparable Transport Canada cylinders subject to modification of their
existing approval. PHMSA recognizes that Transport Canada's approval
and registration requirements are substantially equivalent to the
requirements in 49 CFR part 107, subpart I, and provide an equivalent
level of safety. In addition, traceability is maintained based on
Transport Canada's publicly available Web site at http://wwwapps.tc.gc.ca/saf-sec-sur/3/fdr-rici/cylinder/requalifier.aspx,
which allows tracing of a DOT specification cylinder marked with the
registered mark of a Transport Canada assigned requalifier back to the
appropriate requalification facility.\3\
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    \3\ The search function on Transport Canada's Web site allows
users to search for the registered mark of requalifiers. Searching
by the registered mark found on a cylinder will allow interested
parties to verify that the cylinder was requalified by a facility
certified by Transport Canada.
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    The addition of paragraph (f)(2) allows persons who are already
registered with PHMSA to perform requalification functions on DOT
specification cylinders to register to requalify corresponding TC
cylinder

specifications without additional review by an independent inspection
agency. Table 1 of the Sec.  171.12 entry in the ``Section-by-Section
Review'' identifies specifications considered to be equivalent.
Applicants will be required to submit all of the information prescribed
in Sec.  107.705(a) that identifies the TC, CTC, CRC, or BTC
specification cylinder(s) or tube(s) to be inspected; certifies the
requalifier will operate in compliance with the applicable TDG
Regulations; and certifies the persons performing requalification have
been trained in the functions applicable to the requalifier activities.
    The addition of paragraph (f)(3) allows persons who are already
registered with Transport Canada to requalify corresponding DOT
specification cylinders without additional application to PHMSA for
approval. This exception will provide cylinder owners with additional
access to repair and requalification facilities in Canada, while also
broadening reciprocity with Canada.

Part 171

Section 171.2
    Section 171.2 prescribes general requirements for each person
performing functions covered by this subchapter. PHMSA is amending
paragraph (h)(1) by adding the letters ``TC,'' ``CRC,'' and ``BTC'' to
the list of specification indications that may not be misrepresented
according to Sec.  171.2(g). This is necessary as a result of
amendments in Sec.  171.12 authorizing the use of various Transport
Canada approved specification cylinders under certain conditions.
Section 171.7
    Section 171.7 provides a listing of all voluntary consensus
standards incorporated by reference into the HMR, as directed by the
National Technology Transfer and Advancement Act of 1996. 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.
    PHMSA actively participates in the development and updating of
consensus standards through representation on more than 20 consensus
standard bodies and regularly reviews updated consensus standards and
considers their merit for inclusion in 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 well-
established and documented safety histories, and their adoption will
maintain the high safety standard currently achieved under the HMR.
Therefore, in this final rule, PHMSA is adding and revising the
following incorporation by reference materials:
     Paragraph (t)(1), which incorporates the International
Civil Aviation Organization Technical Instructions for the Safe
Transport of Dangerous Goods by Air, 2015-2016 Edition, is revised to
incorporate the 2017-2018 Edition. The International Civil Aviation
Organization Technical Instructions for the Safe Transport of Dangerous
Goods by Air contain detailed instructions necessary for the safe
international transport of dangerous goods by air. The ICAO Technical
Instructions support the broad principles by establishing requirements
necessary to ensure hazardous materials are safely transported in
aircraft while providing a level of safety that protects the aircraft
and its occupants from undue risk.
     Paragraph (v)(2), which incorporates the International
Maritime Organization International Maritime Dangerous Goods Code, 2014
Edition, Incorporating Amendment 37-14, English Edition, Volumes 1 and
2, is revised to incorporate the 2016 Edition, Amendment 38-16. The
IMDG Code is intended to provide for the safe transportation of
hazardous materials by vessel, protect crew members, and prevent marine
pollution. The IMDG Code is based on the UN Model Regulations, but also
includes additional requirements applicable to the transport of
hazardous materials by sea (e.g., requirements for marine pollutants;
freight container loading procedures; stowage and segregation; and
other requirements applicable to shipboard safety and preservation of
the marine environment) that are not covered by the UN Model
Regulations.
     Paragraph (w), which incorporates various International
Organization for Standardization entries, is revised to incorporate by
reference standards for the specification, design, construction,
testing, and use of gas cylinders:

--ISO 3807:2013 Gas cylinders--Acetylene cylinders--Basic requirements
and type testing is incorporated in paragraph (w)(16). ISO 3807:2013
specifies the basic and type testing requirements for acetylene
cylinders with and without fusible plugs with a maximum nominal water
capacity of 150 L (39.62 gallons) and requirements regarding
production/batch test procedures for manufacturing of acetylene
cylinders with porous material.
--ISO 7866:2012 Gas cylinders--Refillable seamless aluminium alloy gas
cylinders--Design, construction and testing; and ISO 7866:2012/Cor
1:2014 Gas cylinders--Refillable seamless aluminium alloy gas
cylinders--Design, construction and testing, Technical Corrigendum 1 is
incorporated in paragraphs (w)(27) and (28). ISO 7866:2012 specifies
minimum requirements for the material, design, construction and
workmanship, manufacturing processes and tests at time of manufacture
of refillable seamless aluminium alloy gas cylinders of water
capacities up to and including 150 L (39.62 gallons) for compressed,
liquefied, and dissolved gases for worldwide use. PHMSA received a
comment from Western International Gas Cylinders requesting that the
previous edition of this standard be referenced with an applicability
date. PHMSA notes that the previous edition of this standard was
included in the NPRM, but we have amended the language to more clearly
indicate that construction to the old standard is authorized until
December 31, 2020.
--ISO 9809-4:2014 Gas cylinders--Refillable seamless steel gas
cylinders--Design, construction and testing--Part 4: Stainless steel
cylinders with an Rm value of less than 1 100 MPa is incorporated in
paragraph (w)(36). ISO 9809-4:2014 specifies the minimum requirements
for the material, design, construction and workmanship, manufacturing
processes, examinations, and tests at manufacture of refillable
seamless stainless steel gas cylinders of water capacities from 0.5 L
(.13 gallons) up to and including 150 L (39.62 gallons) for compressed,
liquefied, and dissolved gases.
--ISO 10297:2014 Gas cylinders--Cylinder valves--Specification and type
testing is incorporated in

paragraph (w)(42). ISO 10297:2014 specifies design, type testing, and
marking requirements for: (a) Cylinder valves intended to be fitted to
refillable transportable gas cylinders; (b) main valves (excluding ball
valves) for cylinder bundles; and (c) cylinder valves or main valves
with integrated pressure regulator (VIPR); which convey compressed,
liquefied, or dissolved gases.
--ISO 10462:2013 Gas cylinders--Transportable cylinders for dissolved
acetylene--Periodic inspection and maintenance is incorporated in
paragraph (w)(44). ISO 10462:2013 specifies requirements for the
periodic inspection of acetylene cylinders as required for the
transport of dangerous goods and for maintenance in connection with
periodic inspection. It applies to acetylene cylinders with and without
solvent and with a maximum nominal water capacity of 150 L (39.62
gallons).
--ISO 11114-2:2013 Gas cylinders--Compatibility of cylinder and valve
materials with gas contents--Part 2: Non-metallic materials is
incorporated in paragraph (w)(48). ISO 11114-2:2013 gives guidance in
the selection and evaluation of compatibility between non-metallic
materials for gas cylinders and valves and the gas contents. It also
covers bundles, tubes, and pressure drums.
--ISO 11119-1:2012 Gas cylinders--Refillable composite gas cylinders
and tubes--Design, construction and testing--Part 1: Hoop wrapped fibre
reinforced composite gas cylinders and tubes up to 450 l; ISO 11119-
2:2012 Gas cylinders--Refillable composite gas cylinders and tubes--
Design, construction and testing--Part 2: Fully wrapped fibre
reinforced composite gas cylinders and tubes up to 450 l with load-
sharing metal liners; ISO 11119-2:2012/Amd 1:2014 Gas cylinders--
Refillable composite gas cylinders and tubes--Design, construction and
testing--Part 2: Fully wrapped fibre reinforced composite gas cylinders
and tubes up to 450 l with load-sharing metal liners; and ISO 11119-
3:2013 Gas cylinders--Refillable composite gas cylinders and tubes--
Design, construction and testing--Part 3: Fully wrapped fibre
reinforced composite gas cylinders and tubes up to 450 l with non-load-
sharing metallic or non-metallic liners are incorporated in paragraphs
(w)(54), (56), (57), and (59), respectively. ISO 11119-1:2012, ISO
11119-2:2012, and ISO 11119-3:2013 specify requirements for composite
gas cylinders and tubes between 0.5 L (39.62 gallons) and 450 L (119
gallons) water capacity, for the storage and conveyance of compressed
or liquefied gases.

     Paragraph (bb)(1), which incorporates the Transport Canada
Transportation of Dangerous Goods Regulations, adds paragraphs
(bb)(1)(xiii), (xiv), (xv), (xvi), (xvii), (xviii), and (xix) to
include SOR/2014-152 and SOR/2014-159 published July 2, 2014; SOR/2014-
159 Erratum published July 16, 2014; SOR/2014-152 Erratum published
August 27, 2014; SOR/2014-306 published December 31, 2014; SOR/2014-306
Erratum published January 28, 2015; and SOR/2015-100 published May 20,
2015, respectively. The Transport Canada Transportation of Dangerous
Goods Regulations incorporated in this final rule are updates to the
existing Transportation of Dangerous Goods Regulations and cover all
updates made by Transport Canada between January 2014 and May 2015.
PHMSA received a comment from COSTHA requesting we also incorporate by
reference TDG Regulations, SOR/2016-95 published on June 1, 2016.
However, as this standard was not proposed for incorporation in the
NPRM, we are unable to adopt it in this final rule.
     Paragraph (dd)(1), which incorporates the United Nations
Recommendations on the Transport of Dangerous Goods--Model Regulations,
18th Revised Edition (2013), Volumes I and II, is revised to
incorporate the 19th Revised Edition (2015), Volumes I and II. The
United Nations Model Regulations on the Transport of Dangerous Goods
provide a basis for development of harmonized regulations for all modes
of transport, in order to facilitate trade and the safe, efficient
transport of hazardous materials.
     Paragraph (dd)(2), which incorporates the United Nations
Recommendations on the Transport of Dangerous Goods--Manual of Tests
and Criteria, 5th Revised Edition (2009), is revised to incorporate the
6th Revised Edition (2015). The Manual of Tests and Criteria contains
criteria, test methods, and procedures to be used for classification of
dangerous goods according to the provisions of Parts 2 and 3 of the
United Nations Recommendations on the Transport of Dangerous Goods--
Model Regulations, as well as of chemicals presenting physical hazards
according to the Globally Harmonized System of Classification and
Labelling of Chemicals (GHS).
     Paragraph (dd)(3) is added to incorporate the United
Nations Recommendations on the Transport of Dangerous Goods--Globally
Harmonized System of Classification and Labelling of Chemicals (GHS),
6th Revised Edition (2015). Section 172.401 references the
incorporation by reference of the GHS in Sec.  171.7; however, this
entry does not currently appear in Sec.  171.7. The addition of this
paragraph corrects this oversight. The GHS addresses classification of
chemicals by types of hazard and proposes harmonized hazard
communication elements, including labels and safety data sheets. It
aims at ensuring that information on physical hazards and toxicity from
chemicals is available in order to enhance the protection of human
health and the environment during the handling, transport, and use of
these chemicals. GHS also provides a basis for harmonization of rules
and regulations on chemicals at national, regional, and worldwide
levels, which is an important factor for trade facilitation.
     In the NPRM, PHMSA proposed incorporating ISO 11515:2013
Gas cylinders--Refillable composite reinforced tubes of water capacity
between 450 L and 3000 L--Design, construction and testing into the
HMR. After further review, and in order to appropriately address
comments received, the incorporation by reference of ISO 11515:2013
will be considered under a future rulemaking rather than adopted at
this time. We note that ISO 11515:2013 is currently under review by the
relevant ISO Technical Committee (e.g., ISO/TC58/SC3). Substantive
revisions under consideration include reintroduction of the high
velocity impact (gunfire) test and revisions to the blunt impact test.
Consideration of this item under a future rulemaking will allow for
these safety enhancements to be appropriately considered by ISO. It
also provides opportunity to consider comments received such as those
requesting consideration of relevant special permits. PHMSA received a
comment from FIBA Technologies, Inc. requesting that we expand the
volume maximum allowed from 3000 L to 8500 L; reduce the minimum design
burst pressure for Type 3 and Type 4 cylinders from 2.0 to 1.6; waive
the blunt impact test if the tubes will be mounted inside a structural
framework that finite analysis has demonstrated will protect the tubes
from damage; and introduce a high velocity impact test. FIBA
Technologies, Inc. correctly noted that these requirements, allowances,
and tests are currently authorized under

existing special permits for composite tubes. These requests were
outside the scope of this rulemaking, but we do note ongoing work at
ISO to generate a standard for larger composite tubes.
    In the NPRM, PHMSA proposed to incorporate by reference the
Transport Canada standards into Sec. Sec.  107.801 and 805 with the
text ``IBR, See 171.7.'' Part 107 is in subchapter A. Section 171.7 is
only applicable to subchapter C, therefore the IBR references proposed
have in 107.801 and 805 would not have been valid. As a result PHMSA is
amending Sec.  171.7(a)(1) as central section for material that is
incorporated by reference into subchapters A, B, and C.
Section 171.8
    Section 171.8 defines terms generally used throughout the HMR that
have broad or multi-modal applicability. PHMSA is adding the following
terms and definitions:
     Design life: PHMSA adds the term ``design life'' to define
the maximum life of composite cylinders and tubes. This term is
specifically limited to references in the HMR related to composite
cylinders and tubes.
     SAPT: PHMSA adds the term ``SAPT,'' which means self-
accelerated polymerization temperature, and a reference to Sec.
173.21(f). This is consistent with the similar term ``SADT'' (self-
accelerated decomposition temperature). In the absence of further
rulemaking actions, this definition will sunset two years from the
effective date of this rulemaking. See the ``Comment Discussion''
section of this document for further discussion.
     Service life: PHMSA adds the term ``service life'' to
define the number of years a composite cylinder or tube is permitted to
be in service. This term is specifically limited to references in the
HMR related to composite cylinders and tubes.
    Additionally, PHMSA amends the definitions for the following terms:
     Aerosol: PHMSA revises the definition of ``aerosol'' to
clarify that it is an article. Currently under the HMR, an aerosol is
considered to be an article, and therefore, the use of inner packagings
in a combination package is not necessary; however, practice has shown
that an aerosol is often mistaken for the inner packaging of a
combination packaging, including both the substance dispensed (liquid,
paste, or powder) and the propellant gas itself.
     Large salvage packaging: PHMSA revises the definition of
``large salvage packaging'' to add a reference to non-conforming
hazardous materials packages to be consistent with the wording in the
definition of ``salvage packaging.''
     UN tube: PHMSA revises the definition of ``UN tube,''
which describes it as a seamless pressure receptacle, to specify that
the term includes composite cylinders.
Section 171.12
    Section 171.12 prescribes requirements for the use of the Transport
Canada TDG Regulations. Under the U.S.-Canada RCC--which was
established in 2011 by the President of the United States and the
Canadian Prime Minister--PHMSA and Transport Canada, with input from
stakeholders, identified impediments to cross-border transportation of
hazardous materials. In this final rule, PHMSA is addressing these
barriers by amending the HMR to expand recognition of cylinders, cargo
tank repair facilities, and equivalency certificates in accordance with
the TDG Regulations.
    The HMR in Sec.  171.12(a)(1) provide general authorizations to use
the TDG Regulations for hazardous materials transported from Canada to
the United States, from the United States to Canada, or through the
United States to Canada or a foreign destination. PHMSA is amending
Sec.  171.12(a)(1) to authorize the use of a Transport Canada
equivalency certificate for such road or rail transportation of a
hazardous material shipment. Consistent with existing authorizations to
utilize the TDG Regulations for transportation from Canada to the
United States, the authorization to use a Transport Canada equivalency
certificate only applies until the shipment's initial transportation
ends. In other words, once a shipment offered in accordance with a
Transport Canada equivalency certificate reaches the destination shown
on either a transport document or package markings, transportation
under the authorization in Sec.  171.12 has ended. Any subsequent
offering of packages imported under a Transport Canada equivalency
certificate would have to be done in full compliance with the HMR.
    Transport Canada is proposing amendments to the TDG Regulations to
authorize similar reciprocal treatment of PHMSA special permits. PHMSA
received comments from Dow and DGAC supporting the proposed acceptance
of Transport Canada equivalency certificates. These same commenters
requested that PHMSA extend the authorization to offer in accordance
with an equivalency certificate further than a shipment's initial
transportation into or out of the country. The commenters requested
PHMSA allow a shipment offered in accordance with a Canadian
certificate of equivalency to be reshipped under the provisions of the
permit (e.g., original shipment from Canada to a distribution center in
the U.S. and then reoffered to other U.S. locations). As previously
noted, the intent of this regulatory change is to authorize the use of
Canadian certificates of equivalency consistent with the recognition
given to shipments made in accordance with the TDG Regulations. PHMSA
may continue the expansion of this allowance in future RCC rulemaking
activities.
    PHMSA received questions from Western International Gas Cylinders
concerning ultrasonic requalification of cylinders in accordance with a
special permit or certificate of equivalency. Western International Gas
Cylinders asked if cylinders that are requalified in accordance with a
special permit ultrasonically and then offered for transport to Canada
can be refilled and reoffered to the United States. It is our
understanding that Transport Canada intends to provide the same
reciprocity to PHMSA special permits that we are extending to their
certificates of equivalency. Please review the Transport Canada
harmonization rulemaking \4\ for a better understanding of the Canadian
proposals in this area. Changes to Sec.  171.12 would authorize the
shipment of a Canadian cylinder in accordance with the provisions in a
certificate of equivalency, including the use of ultrasonic examination
techniques if so indicated in the certificate. Western International
Gas Cylinders further asked if ultrasonic cylinder requalifiers in the
U.S. would be allowed to add TC, CTC, BTC, and CRC marked cylinders to
their special permits and conduct ultrasonic examinations of these
cylinders. Cylinder requalifiers may submit a modification request for
their special permit to authorize ultrasonic examination of these
Canadian cylinders. Each request will be evaluated on its own merits.
---------------------------------------------------------------------------

    \4\ http://www.gazette.gc.ca/rp-pr/p1/2016/2016-11-26/pdf/g1-15048.pdf.
---------------------------------------------------------------------------

    PHMSA is additionally amending Sec.  171.12(a)(1) to authorize the
transportation of cylinders and multiple-element gas containers (MEGCs)
authorized by the Transport Canada TDG Regulations to be transported
from Canada to the United States, from the United States to Canada, or
through the United States to Canada or a foreign destination.
    The HMR in Sec.  171.12(a)(4) permit the transportation of a
cylinder authorized by the Transport Canada TDG

Regulations to, from, or within the United States. Currently this
authorization is limited to CTC cylinders corresponding to a DOT
specification cylinder and UN pressure receptacles marked with ``CAN.''
In this final rule, PHMSA is amending paragraph (a)(4)(ii) to authorize
the use of Canadian manufactured cylinders. Specifically, PHMSA is
authorizing the transportation of CTC, CRC, BTC, and TC cylinders that
have a corresponding DOT specification cylinder prescribed in the HMR.
    This final rule does not remove or amend existing requirements for
DOT specification cylinders; rather, PHMSA is providing that a shipper
may use either a DOT specification cylinder or a TC cylinder as
appropriate. The goal of these amendments is to promote flexibility; to
permit the use of advanced technology for the requalification and use
of pressure receptacles; to provide for a broader selection of
authorized pressure receptacles; to reduce the need for special
permits; and to facilitate cross-border transportation of these
cylinders.
    Additionally, PHMSA is amending paragraph (a)(4) to authorize the
filling, maintenance, testing, and use of CTC, CRC, BTC, and TC
cylinders that have a corresponding DOT specification cylinder as
prescribed in HMR. This authorization extends the recognition of
cylinders manufactured in Canada to be filled, used, and requalified
(including rebuild, repair, reheat-treatment) in the United States in
accordance with the TDG Regulations. PHMSA received a comment from CTC
Certified Training Co. requesting that we reconsider requiring
requalification of all CTC, CRC, BTC, and TC cylinders be done in
accordance with the Transport Canada TDG Regulations. CTC Certified
Training Co. stated that the current authorization for CTC
specification cylinders allows requalification to be done under either
a program authorized by the Transport Canada TDG Regulations or
requalified in accordance with the requirements in Sec.  180.205. The
commenter further noted that CTC, CRC, and BTC all correspond to DOT
specification cylinders and that requiring these cylinders to be
requalified in accordance with the TDG Regulations is unnecessary.
PHMSA agrees and is amending paragraph (a)(4)(ii)(B) to note that
Canadian cylinders that have been requalified in accordance with either
a program authorized by the TDG Regulations or part 107, subpart I, of
the HMR are acceptable. See the Sec.  180.205 entry in the ``Section-
by-Section Review'' of this document for specific requalification
requirements for Canadian cylinders.
    Table 1 lists the Canadian cylinders with the corresponding DOT
specification cylinders:

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                             CTC (some or all of these may also
               TC                  DOT (some or all of these may also be       be marked with a BTC and a CRC
                                         marked with an ICC prefix)                        prefix)
----------------------------------------------------------------------------------------------------------------
TC-3AM.........................  DOT-3A [ICC-3]                             CTC-3A
TC-3AAM........................  DOT-3AA                                    CTC-3AA
TC-3ANM........................  DOT-3BN                                    CTC-3BN
TC-3EM.........................  DOT-3E                                     CTC-3E
TC-3HTM........................  DOT-3HT                                    CTC-3HT
TC-3ALM........................  DOT-3AL                                    CTC-3AL
                                 DOT-3B                                     CTC-3B
TC-3AXM........................  DOT-3AX                                    CTC-3AX
TC-3AAXM.......................  DOT-3AAX                                   CTC-3AAX
TC-3TM.........................  DOT-3T
TC-4AAM33......................  DOT-4AA480                                 CTC-4AA480
TC-4BM.........................  DOT-4B                                     CTC-4B
TC-4BM17ET.....................  DOT-4B240ET                                CTC-4B240ET
TC-4BAM........................  DOT-4BA                                    CTC-4BA
TC-4BWM........................  DOT-4BW                                    CTC-4BW
TC-4DM.........................  DOT-4D                                     CTC-4D
TC-4DAM........................  DOT-4DA                                    CTC-4DA
TC-4DSM........................  DOT-4DS                                    CTC-4DS
TC-4EM.........................  DOT-4E                                     CTC-4E
TC-39M.........................  DOT-39                                     CTC-39
TC-4LM.........................  DOT-4L                                     CTC-4L
                                 DOT-8                                      CTC-8
                                 DOT-8AL                                    CTC-8AL
----------------------------------------------------------------------------------------------------------------

    In accordance with Sec.  171.12(a)(4), when the provisions of
subchapter C of the HMR require that either a DOT specification or a UN
pressure receptacle must be used for a hazardous material, a packaging
authorized by Transport Canada's TDG Regulations may be used only if it
corresponds to the DOT specification or UN standard authorized by this
subchapter. PHMSA received a comment from COSTHA requesting that the
table of Canadian cylinders and the corresponding DOT specification
cylinders be included in the HMR. PHMSA agrees that this is useful
information and is including the table of corresponding cylinders in
new paragraph (a)(4)(iii).
Section 171.23
    Section 171.23 prescribes requirements for specific materials and
packagings transported under the various international standards
authorized by the HMR. PHMSA is amending paragraph (a) to add TC, CTC,
BTC, or CRC specification cylinders to the list of cylinders which may
be transported to, from, or within the United States.

Part 172

Section 172.101
    Section 172.101 provides the Hazardous Materials Table (HMT), as
well as instructions for its use. Readers should review all changes for
a complete understanding of the amendments. For purposes of the

Government Publishing Office's typesetting procedures, 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.'' In this
final rule, PHMSA is amending the HMT for the following:
New HMT Entries
 UN 0510 Rocket Motors, Division 1.4C

    This new HMT entry is the result of packaged products of low power
``Rocket motors'' that typically meet test criteria for assignment to
Division 1.4, Compatibility Group C, but are assigned to 1.3C (i.e., UN
0186) or the 1.4C n.o.s. classification (i.e., UN 0351). This 1.4
rocket motor entry accurately reflects the product type and hazard of
these articles and allows for the assignment of specific packaging
instructions.

 UN 3527 Polyester resin kit, solid base material

    This new HMT entry addresses polyester resin kits with a base
material that does not meet the definition of Class 3 (Flammable
liquid) and is more appropriately classed as a Division 4.1 (Flammable
solid). Presently, polyester resin kits are limited to those with a
Class 3 liquid base material component and are assigned under the entry
UN 3269. This new entry permits products with a viscous base component
containing a flammable solvent that does not meet the definition of a
flammable liquid but does meet the definition of a flammable solid.

 UN 3528 Engine, internal combustion, flammable liquid powered
or Engine, fuel cell, flammable liquid powered or Machinery, internal
combustion, flammable liquid powered or Machinery, fuel cell, flammable
liquid powered
 UN 3529 Engine, internal combustion, flammable gas powered or
Engine, fuel cell, flammable gas powered or Machinery, internal
combustion, flammable gas powered or Machinery, fuel cell, flammable
gas powered
 UN 3530 Engine, internal combustion or Machinery, internal
combustion

    These new HMT entries apply to the fuel contained in engines and
machinery powered by Class 3 flammable liquids, Division 2.1 gases, and
Class 9 environmentally hazardous substances. The previous entry
applicable to these articles, UN 3166, is now applicable to vehicles
only. As a result of the new ``Engine'' and ``Machinery'' entries, the
entries ``UN 3166, Engines, internal combustion, or Engines, fuel cell,
flammable gas powered'' and ``UN 3166, Engines internal combustion, or
Engines, fuel cell, flammable liquid powered'' are removed.
    PHMSA received comments from COSTHA and UPS noting that new entries
UN 3528, UN 3529, and UN 3530 include reference to special provision
363 in column (7) of the HMT. Both commenters noted that while special
provision 363--which is assigned to these entries in the UN Model
Regulations--does not exist in the current or proposed Sec.  172.102,
its conditions are proposed in Sec.  176.906. PHMSA agrees with the
commenters. The assignment of special provision 363 in column (7) of
the HMT was inadvertent and as a result, the references to special
provision 363 are removed in this final rule.
    Additionally, during our review of the proposed changes to the
engine HMT entries, we noticed that special provisions 135 and A200
were inadvertently left out of column (7) for these three new engine
entries. This omission was not intended, and these provisions are
placed back in column (7) in this final rule.

 UN 3531 Polymerizing substance, solid, stabilized, n.o.s.
 UN 3532 Polymerizing substance, liquid, stabilized, n.o.s.
 UN 3533 Polymerizing substance, solid, temperature controlled,
n.o.s.
 UN 3534 Polymerizing substance, liquid, temperature
controlled, n.o.s.

    These new Division 4.1 HMT entries are added for polymerizing
substances that do not meet the criteria for inclusion in any other
hazard class. In the absence of further rulemaking actions, these
entries will cease to have effect two years from the effective date of
this rulemaking. See the ``Comment Discussion'' section of this
document for further discussion.

 Catecholborane (also known as 1, 3, 2-Benzodioxaborole)

    At the October 2015 meeting of the ICAO Dangerous Goods Panel (DGP/
25), the Panel was informed of an incident involving Catecholborane
(also known as 1, 3, 2-Benzodioxaborole) that resulted in a
recommendation to forbid transport of the substance by air unless
transported in pressure receptacles and under cooled conditions. The
material was classified as ``UN 2924, Flammable liquid, corrosive,
n.o.s.'' The product properties indicate (1) that the substance
decomposes to borane gas at a rate of 2 percent per week at room
temperature, (2) that borane gas could ignite when in contact with
moist air, and (3) that catecholborane could react violently with
water. The incident occurred after transport of the substance was
delayed for nine days as the result of extreme weather conditions with
temperatures consistently above 33 [deg]C (91 [deg]F). After being
stored for approximately two weeks at a low temperature at the
destination, several bottles containing the substance exploded and
caught fire. It was concluded that moist air entered the bottles during
the long transit time under high temperatures causing a chemical
reaction and pressure build up. Panel members suspected a
classification problem, but they could not determine whether this was
due to shipper error or a limitation in the classification criteria in
the regulations. The issue was submitted to the attention of the UN
Sub-Committee at the December 2016 meeting for further review and
determination if a new classification was required. In the interim, a
new light type entry was added to the ICAO Technical Instructions
Dangerous Goods List with a new special provision A210 assigned to
``Catecholborane'' and ``1, 3, 2-Benzodioxaborole'' forbidding the
substance for transport by air on both passenger-carrying and cargo-
only aircraft. Transport on cargo-only aircraft would be possible with
the approval of the State of Origin and State of the Operator.
    Consistent with the ICAO Technical Instructions, PHMSA is adding
new HMT entries in italics for ``Catecholborane'' and ``1, 3, 2-
Benzodioxaborole'' and assigning a new special provision A210
clarifying that this material is forbidden for air transport unless
approved by the Associate Administrator for the Office of Hazardous
Materials Safety. PHMSA received a comment from DGAC supporting the
addition of these new entries in the HMT. Additionally, DGAC noted that
it is unclear as to how this material is described, classed, packaged,
etc. and requests guidance relative to the proper shipping description,
class, label, etc. for this material. PHMSA acknowledges that for these
two commodities the appropriate proper shipping description to be
utilized based on the hazards presented is unclear. Therefore, these
two specific technical names are added in italics in the table and not
assigned to specific HMT entries.
Amendments to 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.
     PHMSA is amending the proper shipping name for ``UN 3269,
Polyester resin kit'' by adding the italicized text ``liquid base
material.'' This is consistent with the format of the new HMT entry for
polyester resin kits with a solid base material.
     PHMSA is amending the proper shipping names for ``UN 3151,
Polyhalogenated biphenyls, liquid or Polyhalogenated terphenyls,
liquid'' and ``UN 3152, Polyhalogenated biphenyls, solid or
Polyhalogenated terphenyls, solid'' by adding ``Halogenated
monomethyldiphenylmethanes, liquid'' and ``Halogenated
monomethyldiphenylmethanes, solid,'' respectively. Noting that
halogenated monomethyldiphenylmethanes have similar chemical and
ecotoxicological properties as polychlorinated biphenyls (PCBs) and
polychlorinated terphenyls (PCTs), this revision ensures that they are
considered as PCBs or PCTs for the purposes of transport.
Amendments to Column (3) Hazard Class or Division
    Section 172.101(d) describes column (3) of the HMT and the
designation of the hazard class or division corresponding to each
proper shipping name. PHMSA is revising the hazard class of ``UN 3507,
Uranium hexafluoride, radioactive material, excepted package, less than
0.1 kg per package, non-fissile or fissile-excepted,'' from Class 8 to
Division 6.1 and subsequently adding the Class 8 hazard as a subsidiary
hazard label code in column (6). This revision is based on the
precedence provisions for classification of materials possessing more
than one hazard and is consistent with the 19th Revised Edition of the
UN Model Regulations. The presence of a Division 6.1 hazard was
determined following a thorough review of literature and test data on
uranium hexafluoride. A summary of the data and a proposal to revise
the primary hazard class from Class 8 to Division 6.1 was provided in
Working Paper ST/SG/AC.10/C.3/2014/60, which was submitted to the 45th
session of the UN Sub-Committee of Experts on the Transport of
Dangerous Goods (UNSCOE TDG) and is available at http://www.unece.org/fileadmin/DAM/trans/doc/2013/dgac10c3/ST-SG-AC.10-C.3-2014-60e.pdf.
Amendments to Column (6) Label(s)
    Section 172.101(g) describes column (6) of the HMT and the labels
required (primary and subsidiary) for specific entries in the HMT.
    Data presented to UNSCOE TDG in this last biennium indicated a need
for the addition of a subsidiary hazard of Division 6.1 to be assigned
to ``UN 2815, N-Aminoethylpiperazine,'' ``UN 2977, Radioactive
material, uranium hexafluoride, fissile,'' and ``UN 2978, Radioactive
material, uranium hexafluoride non fissile or fissile-excepted.'' PHMSA
is making appropriate amendments to the HMT to account for these
revisions to the UN Model Regulations.
    For the HMT entry, ``UN 3507, Uranium hexafluoride, radioactive
material, excepted package, less than 0.1 kg per package, non-fissile
or fissile-excepted,'' PHMSA is revising the labels for consistency
with the change made to the classification of this material under
amendments to column (3). See discussion in the ``Amendments to column
(3) hazard class or division'' section above. The Class 8 (Corrosive)
primary hazard label is revised to a Division 6.1 primary hazard label
and a Class 8 subsidiary hazard label in addition to the existing Class
7 (Radioactive) subsidiary hazard label to read ``6.1, 7, 8.''
Amendments to Column (7) Special Provisions
    Section 172.101(h) describes column (7) of the HMT whereas Sec.
172.102(c) prescribes 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''
below for a detailed discussion of the additions, revisions, and
deletions to the special provisions addressed in this final rule.
     New special provision 157 is assigned to the HMT entry
``UN 3527, Polyester resin kit, solid base material.''
     New special provision 379 is assigned to the HMT entries
``UN 1005, Ammonia, anhydrous'' and ``UN 3516, Adsorbed gas, toxic,
corrosive, n.o.s.''
     In the 19th Revised Edition of the UN Model Regulations,
new special provision 386 was assigned to the four new ``n.o.s.'' HMT
entries for polymerizing substances and to the 52 named substances in
the HMT that polymerize, all of which contain the text ``stabilized''
as part of the proper shipping name, except for ``UN 2383,
Dipropylamine'' (see Table 2 below). This new special provision
includes transport controls to avoid dangerous polymerization reactions
including the use of chemical stabilization or temperature control.
U.S. Amines requested that PHMSA reconsider assigning special provision
387 to Dipropylamine (UN 2383). They further asserted this material
does not pose a polymerization risk and provided safety data sheets and
other associated technical data to substantiate their claim. Based on a
review of the material in question, PHMSA agrees and is not assigning
either special provision 387 or stowage code 25 to this material.
    Special provision 387 states that if chemical stabilization becomes
ineffective at lower temperatures within the anticipated duration of
transport, temperature control is required. Special provision 387 goes
on to provide a non-inclusive list of factors to be considered in
determining whether temperature control is necessary, to include an
evaluation of any other relevant factors that may impact the ability of
the chemical stabilizer to perform its function. BAMM & MPA and Dow
stated that they routinely transport stabilized materials in rail cars
where no effective means of temperature control exist. Rail car
shipments of these stabilized materials are made year round and, during
the winter months, are provided to customers and contracted terminals
who have demonstrated they have in place the equipment (i.e., typically
tempered water/glycol systems) and procedures to safely thaw these
monomers before use. BAMM & MPA and Dow requested in their comments
that PHMSA clarify that ``any other relevant factors'' at the close of
special provision 387 can include use of appropriate methods to safely
thaw any shipment that does contain frozen product. The intent of the
proposed requirement for temperature control if chemical stabilization
becomes ineffective at lower temperatures is that it would only apply
if at any point during transportation (including unloading incidental
to movement) the chemical stabilizer would be incapable of performing
its function. Operational controls to ensure a frozen material is
thawed to ensure no polymerizing effect occurs are considered
appropriate other relevant factors for the purposes of determining when
temperature control is required.
    BAMM & MPA further requested that PHMSA amend special provision 387
to more clearly indicate that chemical stabilization must be sufficient
to prevent the bulk mean temperature of the package from reaching 50
[deg]C. PHMSA agrees and is making the recommended change.
    In this final rule, new special provision 387 (special provision
386 already exists) is assigned to the 51 HMT entries shown in Table 2.
In the absence of further rulemaking actions, this special provision
will sunset two years from the effective date of this

rulemaking. See the ``Comment Discussion'' section of this document for
further discussion.

                                 Table 2
------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Acrolein dimer, stabilized..............................         UN 2607
Acrolein, stabilized....................................         UN 1092
Acrylic acid, stabilized................................         UN 2218
Acrylonitrile, stabilized...............................         UN 1093
Allyl isothiocyanate, stabilized........................         UN 1545
Allyltrichlorosilane, stabilized........................         UN 1724
Bicyclo [2,2,1] hepta-2,5-diene, stabilized or 2,5-              UN 2251
 Norbornadiene, stabilized..............................
Butadienes, stabilized or Butadienes and Hydrocarbon             UN 1010
 mixture, stabilized containing more than 40% butadienes
Butyl acrylates, stabilized.............................         UN 2348
n-Butyl methacrylate, stabilized........................         UN 2227
Butyl vinyl ether, stabilized...........................         UN 2352
1,2-Butylene oxide, stabilized..........................         UN 3022
Chloroprene, stabilized.................................         UN 1991
Crotonaldehyde or Crotonaldehyde, stabilized............         UN 1143
Cyanogen chloride, stabilized...........................         UN 1589
Diketene, stabilized....................................         UN 2521
Divinyl ether, stabilized...............................         UN 1167
Ethyl acrylate, stabilized..............................         UN 1917
Ethyl methacrylate, stabilized..........................         UN 2277
Ethylacetylene, stabilized..............................         UN 2452
Ethyleneimine, stabilized...............................         UN 1185
Hydrogen cyanide, stabilized with less than 3 percent            UN 1051
 water..................................................
Hydrogen cyanide, stabilized, with less than 3 percent           UN 1614
 water and absorbed in a porous inert material..........
Isobutyl acrylate, stabilized...........................         UN 2527
Isobutyl methacrylate, stabilized.......................         UN 2283
Isoprene, stabilized....................................         UN 1218
Methacrylaldehyde, stabilized...........................         UN 2396
Methacrylic acid, stabilized............................         UN 2531
Methacrylonitrile, stabilized...........................         UN 3079
Methyl acetylene and propadiene mixtures, stabilized....         UN 1060
Methyl acrylate, stabilized.............................         UN 1919
Methyl isopropenyl ketone, stabilized...................         UN 1246
Methyl methacrylate monomer, stabilized.................         UN 1247
Methyl vinyl ketone, stabilized.........................         UN 1251
Propadiene, stabilized..................................         UN 2200
Propyleneimine, stabilized..............................         UN 1921
Styrene monomer, stabilized.............................         UN 2055
Sulfur trioxide, stabilized.............................         UN 1829
Tetrafluoroethylene, stabilized.........................         UN 1081
Trifluorochloroethylene, stabilized or Refrigerant gas R         UN 1082
 1113...................................................
Vinyl acetate, stabilized...............................         UN 1301
Vinyl bromide, stabilized...............................         UN 1085
Vinyl butyrate, stabilized..............................         UN 2838
Vinyl chloride, stabilized..............................         UN 1086
Vinyl ethyl ether, stabilized...........................         UN 1302
Vinyl fluoride, stabilized..............................         UN 1860
Vinyl isobutyl ether, stabilized........................         UN 1304
Vinyl methyl ether, stabilized..........................         UN 1087
Vinylidene chloride, stabilized.........................         UN 1303
Vinylpyridines, stabilized..............................         UN 3073
Vinyltoluenes, stabilized...............................         UN 2618
------------------------------------------------------------------------

     New special provision 422 is assigned to the HMT entries
``UN 3480, Lithium ion batteries including lithium ion polymer
batteries''; ``UN 3481, Lithium ion batteries contained in equipment
including lithium ion polymer batteries''; ``UN 3481 Lithium ion
batteries packed with equipment including lithium ion polymer
batteries''; ``UN 3090, Lithium metal batteries including lithium alloy
batteries''; ``UN 3091, Lithium metal batteries contained in equipment
including lithium alloy batteries''; and ``UN3091, Lithium metal
batteries packed with equipment including lithium alloy batteries.''
     Special provision 134 is removed from the HMT entry ``UN
3072, Life-saving appliances, not self-inflating containing dangerous
goods as equipment'' and replaced with new special provision 182 as
proposed in the NPRM. In reviewing the assignment of special provision
134 to ``UN 3072'' to make this clarification, PHMSA found that the
provisions of special provision 134 are not assigned to ``UN 3072'' in
any international standard, but rather to the entry for ``UN 3171,
Battery-powered vehicle or Battery-powered equipment.'' Although
special provision 134 does require that equipment powered only by
lithium metal batteries or lithium ion batteries must be consigned
under the entries associated with lithium batteries contained in or
packed with equipment, the rest of special provision 134 is not
applicable

to ``Life-saving appliances, not self-inflating containing dangerous
goods as equipment.'' As a result, PHMSA is adding a new special
provision 182 applicable only to the HMT entry for ``UN 3072, Life-
saving appliances, not self-inflating containing dangerous goods as
equipment'' to clarify that equipment containing only lithium batteries
must be classified as either lithium batteries contained in or packed
with equipment ``UN 3091'' or ``UN 3481,'' as appropriate.
     New special provision A210 is assigned to the new HMT
italicized entries for ``Catecholborane'' and ``1, 3, 2-
Benzodioxaborole.''
     New special provision A212 is assigned to the HMT entry
for ``UN 2031, Nitric acid other than red fuming, with more than 20
percent and less than 65 percent nitric acid.''
     New special provision B134 is assigned to the Packing
Group (PG) III entries in Table 3 consistent with revisions to the IMDG
Code.

                                 Table 3
------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Aluminum powder, coated.................................         UN 1309
Ferrous metal borings or Ferrous metal shavings or               UN 2793
 Ferrous metal turnings or Ferrous metal cuttings in a
 form liable to self-heating............................
Iron oxide, spent, or Iron sponge, spent obtained from           UN 1376
 coal gas purification..................................
Magnesium or Magnesium alloys with more than 50 percent          UN 1869
 magnesium in pellets, turnings or ribbons..............
Peroxides, inorganic, n.o.s.............................         UN 1483
Titanium sponge granules or Titanium sponge powders.....         UN 2878
------------------------------------------------------------------------

     New special provision B135 is assigned to the PG III
entries in Table 4 consistent with revisions to the IMDG Code.

                                 Table 4
------------------------------------------------------------------------
                  Proper shipping name                        UN No.
------------------------------------------------------------------------
Hafnium powder, dry.....................................         UN 2545
Metal catalyst, dry.....................................         UN 2881
Metal powder, self-heating, n.o.s.......................         UN 3189
Titanium powder, dry....................................         UN 2546
Zirconium powder, dry...................................         UN 2008
Zirconium scrap.........................................         UN 1932
------------------------------------------------------------------------

     Special provision TP1 is changed to TP2 for the following
entries: ``UN 2672, Ammonia solution, relative density between 0.880
and 0.957 at 15 degrees C in water, with more than 10 percent but not
more than 35 percent ammonia''; ``UN 2709, Butyl benzenes''; ``UN 2241,
Cycloheptane''; ``UN 1206, Heptanes''; ``UN 1208, Hexanes''; ``UN 2294,
N-Methylaniline''; ``UN 2296, Methylcyclohexane''; ``UN 1920,
Nonanes''; ``UN 1262, Octanes''; ``UN 2368, alpha-Pinene''; ``UN 1272,
Pine oil''; ``UN 2850, Propylene tetramer''; ``UN 2325, 1,3,5-
Trimethylbenzene''; ``UN 2057, Tripropylene''; ``UN 1299, Turpentine'';
and ``UN 1840, Zinc chloride, solution.'' Tank provision TP2 authorizes
a slightly lower degree of filling than TP1. The IMDG Code follows a
guiding principle that assigns TP2 to materials that are marine
pollutants. In a previous harmonization rulemaking [HM-215M; 80 FR 1075
(Jan. 8, 2015)], PHMSA added various hazardous materials to the list of
marine pollutants in appendix B to Sec.  172.101, but both the HMT and
IMDG Code failed to change the TP code from TP1 to TP2 to authorize a
lower degree of filling.
     Special provisions T9, TP7, and TP33 are assigned to the
HMT entry ``UN 1415, Lithium.'' This permits UN 1415 for transportation
in UN portable tanks consistent with similar Division 4.3, PG I
materials.
     New special provisions W31, W32, W40, and W100 are
assigned to certain water-reactive substances. The special provisions
correspond with special packaging provisions PP31, PP31 ``modified''
(Packing Instruction P403), PP40, and PP100 of the IMDG Code,
respectively. Table 5 contains the changes listed in alphabetical order
and showing the proper shipping name, UN identification number, and the
special provision(s).

                                 Table 5
------------------------------------------------------------------------
          Proper shipping name                UN No.        Addition(s)
------------------------------------------------------------------------
Alkali metal alcoholates, self-heating,          UN 3206             W31
 corrosive, n.o.s.......................
Alkali metal alloys, liquid, n.o.s......         UN 1421             W31
Alkali metal amalgam, liquid............         UN 1389             W31
Alkali metal amalgam, solid.............         UN 3401             W32
Alkali metal amides.....................         UN 1390        W31, W40
Alkali metal dispersions, flammable or           UN 3482             W31
 Alkaline earth metal dispersions,
 flammable..............................
Alkali metal dispersions, or Alkaline            UN 1391             W31
 earth metal dispersions................
Alkaline earth metal alcoholates, n.o.s.         UN 3205             W31
Alkaline earth metal alloys, n.o.s......         UN 1393        W31, W40
Alkaline earth metal amalgams, liquid...         UN 1392             W31
Alkaline earth metal amalgams, solid....         UN 3402             W32

Aluminum carbide........................         UN 1394        W31, W40
Aluminum ferrosilicon powder (PG II)....         UN 1395        W31, W40
Aluminum hydride........................         UN 2463             W32
Aluminum phosphide......................         UN 1397             W32
Aluminum phosphide pesticides...........         UN 3048             W31
Aluminum powder, coated.................         UN 1309            W100
Aluminum powder, uncoated...............         UN 1396        W31, W40
Aluminum silicon powder, uncoated.......         UN 1398        W31, W40
Aluminum smelting by-products or                 UN 3170        W31, W40
 Aluminum remelting by-products (PG II).
Aluminum smelting by-products or                 UN 3170             W31
 Aluminum remelting by-products (PG III)
2-Amino-4,6-Dinitrophenol, wetted with           UN 3317             W31
 not less than 20 percent water by mass.
Ammonium picrate, wetted with not less           UN 1310             W31
 than 10 percent water, by mass.........
Arsenic acid, liquid....................         UN 1533             W31
Barium..................................         UN 1400        W31, W40
Barium alloys, pyrophoric...............         UN 1854             W31
Barium azide, wetted with not less than          UN 1571             W31
 50 percent water, by mass..............
Barium cyanide..........................         UN 1565             W31
Barium peroxide.........................         UN 1449            W100
Beryllium, powder.......................         UN 1567            W100
Boron trifluoride diethyl etherate......         UN 2604             W31
Boron trifluoride dimethyl etherate.....         UN 2965             W31
Bromobenzyl cyanides, liquid............         UN 1694             W31
Bromobenzyl cyanides, solid.............         UN 3449             W31
Calcium.................................         UN 1401        W31, W40
Calcium carbide (PG I)..................         UN 1402             W32
Calcium carbide (PG II).................         UN 1402        W31, W40
Calcium cyanamide with more than 0.1             UN 1403        W31, W40
 percent of calcium carbide.............
Calcium cyanide.........................         UN 1575             W31
Calcium dithionite or Calcium                    UN 1923             W31
 hydrosulfite...........................
Calcium hydride.........................         UN 1404             W32
Calcium manganese silicon...............         UN 2844             W31
Calcium peroxide........................         UN 1457            W100
Calcium phosphide.......................         UN 1360             W32
Calcium, pyrophoric or Calcium alloys,           UN 1855             W31
 pyrophoric.............................
Calcium silicide (PG II)................         UN 1405             W31
Calcium silicide (PG III)...............         UN 1405        W31, W40
Carbon, activated.......................         UN 1362             W31
Carbon disulfide........................         UN 1131             W31
Cerium, slabs, ingots, or rods..........         UN 1333            W100
Cerium, turnings or gritty powder.......         UN 3078        W31, W40
Cesium or Caesium.......................         UN 1407             W32
Chloric acid aqueous solution, with not          UN 2626             W31
 more than 10 percent chloric acid......
Chlorosilanes, water-reactive,                   UN 2988             W31
 flammable, corrosive, n.o.s............
Chromium trioxide, anhydrous............         UN 1463             W31
Corrosive solids, water-reactive, n.o.s.         UN 3096            W100
 (PG II)................................
Cyanogen bromide........................         UN 1889             W31
Decaborane..............................         UN 1868             W31
Dinitrophenol, wetted with not less than         UN 1320             W31
 15 percent water, by mass..............
Dinitrophenolates, wetted with not less          UN 1321             W31
 than 15 percent water, by mass.........
Dinitroresorcinol, wetted with not less          UN 1322             W31
 than 15 percent water, by mass.........
Diphenylamine chloroarsine..............         UN 1698             W31
Diphenylchloroarsine, liquid............         UN 1699             W31
Diphenylchloroarsine, solid.............         UN 3450             W31
Dipicryl sulfide, wetted with not less           UN 2852             W31
 than 10 percent water, by mass.........
Ethyldichlorosilane.....................         UN 1183             W31
Ferrocerium.............................         UN 1323            W100
Ferrosilicon with 30 percent or more but         UN 1408            W100
 less than 90 percent silicon...........
Ferrous metal borings or Ferrous metal           UN 2793            W100
 shavings or Ferrous metal turnings or
 Ferrous metal cuttings in a form liable
 to self-heating........................
Fibers or Fabrics, animal or vegetable           UN 1373             W31
 or Synthetic, n.o.s. with animal or
 vegetable oil..........................
Fish meal, unstabilized or Fish scrap,           UN 1374        W31, W40
 unstabilized...........................
Hafnium powder, dry.....................         UN 2545             W31
Hafnium powder, wetted with not less             UN 1326        W31, W40
 than 25 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................................
Iron oxide, spent, or Iron sponge, spent         UN 1376            W100
 obtained from coal gas purification....
Isocyanates, flammable, toxic, n.o.s. or         UN 2478             W31
 Isocyanate solutions, flammable, toxic,
 n.o.s. flash point less than 23 degrees
 C......................................
Lithium.................................         UN 1415             W32
Lithium aluminum hydride................         UN 1410             W32
Lithium borohydride.....................         UN 1413             W32
Lithium ferrosilicon....................         UN 2830        W31, W40

Lithium hydride.........................         UN 1414             W32
Lithium hydride, fused solid............         UN 2805        W31, W40
Lithium nitride.........................         UN 2806             W32
Lithium peroxide........................         UN 1472            W100
Lithium silicon.........................         UN 1417        W31, W40
Magnesium aluminum phosphide............         UN 1419             W32
Magnesium diamide.......................         UN 2004             W31
Magnesium granules, coated, particle             UN 2950            W100
 size not less than 149 microns.........
Magnesium hydride.......................         UN 2010             W32
Magnesium or Magnesium alloys with more          UN 1869            W100
 than 50 percent magnesium in pellets,
 turnings or ribbons....................
Magnesium peroxide......................         UN 1476            W100
Magnesium phosphide.....................         UN 2011             W32
Magnesium, powder or Magnesium alloys,           UN 1418             W32
 powder (PG I)..........................
Magnesium, powder or Magnesium alloys,           UN 1418        W31, W40
 powder (PG II).........................
Magnesium, powder or Magnesium alloys,           UN 1418             W31
 powder (PG III)........................
Magnesium silicide......................         UN 2624        W31, W40
Maneb or Maneb preparations with not             UN 2210            W100
 less than 60 percent maneb.............
Maneb stabilized or Maneb preparations,          UN 2968            W100
 stabilized against self-heating........
Mercuric potassium cyanide..............         UN 1626             W31
Metal catalyst, dry.....................         UN 2881             W31
Metal catalyst, wetted with a visible            UN 1378        W31, W40
 excess of liquid.......................
Metal hydrides, flammable, n.o.s. (PG            UN 3182        W31, W40
 II)....................................
Metal hydrides, flammable, n.o.s. (PG            UN 3182             W31
 III)...................................
Metal hydrides, water reactive, n.o.s.           UN 1409             W32
 (PG I).................................
Metal hydrides, water reactive, n.o.s.           UN 1409        W31, W40
 (PG II)................................
Metal powder, self-heating, n.o.s.......         UN 3189             W31
Metal powders, flammable, n.o.s.........         UN 3089            W100
Metal salts of organic compounds,                UN 3181             W31
 flammable, n.o.s.......................
Metallic substance, water-reactive,              UN 3208             W32
 n.o.s. (PG I)..........................
Metallic substance, water-reactive,              UN 3207             W31
 n.o.s. (PG II).........................
Metallic substance, water-reactive,              UN 3208        W31, W40
 n.o.s. (PG III)........................
Metallic substance, water-reactive, self-        UN 3209             W32
 heating, n.o.s. (PG I and III).........
Metallic substance, water-reactive, self-        UN 3209        W32, W40
 heating, n.o.s. (PG II)................
Methyldichlorosilane....................         UN 1242             W31
Nitrocellulose, with not more than 12.6          UN 2557             W31
 percent nitrogen, by dry mass mixture
 with or without plasticizer, with or
 without pigment........................
Nitrocellulose with alcohol with not             UN 2556             W31
 less than 25 percent alcohol by mass,
 and with not more than 12.6 percent
 nitrogen, by dry mass..................
Nitrocellulose with water with not less          UN 2555             W31
 than 25 percent water by mass..........
Nitroguanidine, wetted or Picrite,               UN 1336             W31
 wetted with not less than 20 percent
 water, by mass.........................
4-Nitrophenylhydrazine, with not less            UN 3376             W31
 than 30 percent water, by mass.........
Nitrostarch, wetted with not less than           UN 1337             W31
 20 percent water, by mass..............
Organometallic substance, liquid, water-         UN 3398             W31
 reactive...............................
Organometallic substance, liquid, water-         UN 3399             W31
 reactive, flammable....................
Organometallic substance, solid, water-          UN 3395             W31
 reactive...............................
Organometallic substance, solid, water-          UN 3396             W31
 reactive, flammable....................
Organometallic substance, solid, water-          UN 3397             W31
 reactive, self-heating.................
Osmium tetroxide........................         UN 2471             W31
Paper, unsaturated oil treated                   UN 1379             W31
 incompletely dried (including carbon
 paper).................................
Peroxides, inorganic, n.o.s.............         UN 1483            W100
9-Phosphabicyclononanes or                       UN 2940             W31
 Cyclooctadiene phosphines..............
Phosphorus heptasulfide, free from               UN 1339             W31
 yellow or white phosphorus.............
Phosphorus pentasulfide, free from               UN 1340        W31, W40
 yellow or white phosphorus.............
Phosphorus sesquisulfide, free from              UN 1341             W31
 yellow or white phosphorus.............
Phosphorus trisulfide, free from yellow          UN 1343             W31
 or white phosphorus....................
Phosphorus, white dry or Phosphorus,             UN 1381             W31
 white, under water or Phosphorus white,
 in solution or Phosphorus, yellow dry
 or Phosphorus, yellow, under water or
 Phosphorus, yellow, in solution........
Potassium...............................         UN 2257             W32
Potassium borohydride...................         UN 1870             W32
Potassium cyanide, solid................         UN 1680             W31
Potassium cyanide solution..............         UN 3413             W31
Potassium dithionite or Potassium                UN 1929             W31
 hydrosulfite...........................
Potassium, metal alloys, liquid.........         UN 1420             W31
Potassium, metal alloys, solid..........         UN 3403             W32
Potassium phosphide.....................         UN 2012             W32
Potassium sodium alloys, liquid.........         UN 1422             W31
Potassium sodium alloys, solid..........         UN 3404             W32
Potassium sulfide, anhydrous or                  UN 1382        W31, W40
 Potassium sulfide with less than 30
 percent water of crystallization.......
Pyrophoric liquids, organic, n.o.s......         UN 2845             W31
Pyrophoric metals, n.o.s., or Pyrophoric         UN 1383             W31
 alloys, n.o.s..........................
Pyrophoric solid, inorganic, n.o.s......         UN 3200             W31
Pyrophoric solids, organic, n.o.s.......         UN 2846             W31

Rubidium................................         UN 1423             W32
Self-heating liquid, corrosive,                  UN 3188             W31
 inorganic, n.o.s.......................
Self-heating liquid, corrosive, organic,         UN 3185             W31
 n.o.s..................................
Self-heating liquid, inorganic, n.o.s...         UN 3186             W31
Self-heating liquid, organic, n.o.s.....         UN 3183             W31
Self-heating liquid, toxic, inorganic,           UN 3187             W31
 n.o.s..................................
Self-heating liquid, toxic, organic,             UN 3184             W31
 n.o.s..................................
Self-heating solid, inorganic, n.o.s....         UN 3190             W31
Self-heating solid, organic, n.o.s......         UN 3088             W31
Silver picrate, wetted with not less             UN 1347             W31
 than 30 percent water, by mass.........
Sodium..................................         UN 1428             W32
Sodium aluminum hydride.................         UN 2835        W31, W40
Sodium borohydride......................         UN 1426             W32
Sodium cyanide, solid...................         UN 1689             W31
Sodium cyanide solution.................         UN 3414             W31
Sodium dinitro-o-cresolate, wetted with          UN 3369             W31
 not less than 10% water, by mass.......
Sodium dinitro-o-cresolate, wetted with          UN 1348             W31
 not less than 15 percent water, by mass
Sodium dithionite or Sodium hydrosulfite         UN 1384             W31
Sodium hydride..........................         UN 1427             W32
Sodium hydrosulfide, with less than 25           UN 2318             W31
 percent water of crystallization.......
Sodium methylate........................         UN 1431             W31
Sodium phosphide........................         UN 1432             W32
Sodium picramate, wetted with not less           UN 1349             W31
 than 20 percent water, by mass.........
Sodium sulfide, anhydrous or Sodium              UN 1385        W31, W40
 sulfide with less than 30 percent water
 of crystallization.....................
Stannic phosphide.......................         UN 1433             W32
Strontium peroxide......................         UN 1509            W100
Strontium phosphide.....................         UN 2013             W32
Tear gas substances, liquid, n.o.s......         UN 1693             W31
Tear gas substance, solid, n.o.s........         UN 3448             W31
4-Thiapentanal..........................         UN 2785             W31
Thiourea dioxide........................         UN 3341             W31
Titanium disulphide.....................         UN 3174             W31
Titanium hydride........................         UN 1871        W31, W40
Titanium powder, dry....................         UN 2546             W31
Titanium powder, wetted with not less            UN 1352        W31, W40
 than 25 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................................
Titanium sponge granules or Titanium             UN 2878            W100
 sponge powders.........................
Titanium trichloride, pyrophoric or              UN 2441             W31
 Titanium trichloride mixtures,
 pyrophoric.............................
Toxic solids, water-reactive, n.o.s.....         UN 3125            W100
Trichlorosilane.........................         UN 1295             W31
Trinitrobenzene, wetted, with not less           UN 3367             W31
 than 10% water, by mass................
Trinitrobenzene, wetted with not less            UN 1354             W31
 than 30 percent water, by mass.........
Trinitrobenzoic acid, wetted with not            UN 3368             W31
 less than 10% water by mass............
Trinitrobenzoic acid, wetted with not            UN 1355             W31
 less than 30 percent water, by mass....
Trinitrochlorobenzene (picryl chloride),         UN 3365             W31
 wetted, with not less than 10% water by
 mass...................................
Trinitrophenol (picric acid), wetted,            UN 3364             W31
 with not less than 10 percent water by
 mass...................................
Trinitrophenol, wetted with not less             UN 1344             W31
 than 30 percent water, by mass.........
Trinitrotoluene (TNT), wetted, with not          UN 3366             W31
 less than 10 percent water by mass.....
Trinitrotoluene, wetted or TNT, wetted,          UN 1356             W31
 with not less than 30 percent water by
 mass...................................
Urea nitrate, wetted, with not less than         UN 3370             W31
 10 percent water by mass...............
Urea nitrate, wetted with not less than          UN 1357             W31
 20 percent water, by mass..............
Water-reactive liquid, n.o.s............         UN 3148             W31
Water-reactive solid, corrosive, n.o.s.          UN 3131             W31
 (PG I and III).........................
Water-reactive solid, corrosive, n.o.s.          UN 3131        W31, W40
 (PG II)................................
Water-reactive solid, flammable, n.o.s.          UN 3132             W31
 (PG I and III).........................
Water-reactive solid, flammable, n.o.s.          UN 3132        W31, W40
 (PG II)................................
Water-reactive solid, n.o.s. (PG I).....         UN 2813             W32
Water-reactive solid, n.o.s. (PG II)....         UN 2813        W31, W40
Water-reactive solid, n.o.s. (PG III)...         UN 2813             W31
Water-reactive solid, self-heating,              UN 3135             W31
 n.o.s. (PG I and III)..................
Water-reactive solid, self-heating,              UN 3135        W31, W40
 n.o.s. (PG II).........................
Water-reactive solid, toxic, n.o.s. (PG          UN 3134             W31
 I and III).............................
Water-reactive solid, toxic, n.o.s. (PG          UN 3134        W31, W40
 II)....................................
Xanthates...............................         UN 3342             W31
Xylyl bromide, liquid...................         UN 1701             W31
Zinc ashes..............................         UN 1435            W100
Zinc peroxide...........................         UN 1516            W100
Zinc phosphide..........................         UN 1714             W32
Zinc powder or Zinc dust (PG I and III).         UN 1436             W31
Zinc powder or Zinc dust (PG II)........         UN 1436        W31, W40
Zirconium hydride.......................         UN 1437        W31, W40

Zirconium, dry, coiled wire, finished            UN 2858            W100
 metal sheets, strip (thinner than 254
 microns but not thinner than 18
 microns)...............................
Zirconium, dry, finished sheets, strip           UN 2009             W31
 or coiled wire.........................
Zirconium picramate, wetted with not             UN 1517             W31
 less than 20 percent water, by mass....
Zirconium powder, dry...................         UN 2008             W31
Zirconium powder, wetted with not less           UN 1358        W31, W40
 than 25 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.........................         UN 1932             W31
------------------------------------------------------------------------

    PHMSA received comment from DGAC noting for UN Numbers 1309, 1376,
1390, 1394, 1396, 1400, 1401, 1402 (PG II), 1405, 1417, 1483 (PG III),
1869, 1932, 2545 (PG III), 2546 (PG III), 2624, 2793, 2813 (PG II and
III), 2830, 2878, 2881 (PG III), 3078, 3170, and 3208 (PG II and III),
special provision IP4 was assigned in the regulatory text without
corresponding discussion in the preamble. DGAC is correct that the
assignment of these IP Codes was not discussed in the preamble;
however, this omission was unintentional. The assignment of IP4 to
these HMT entries was a result of aligning the HMR with the water-
reactive packaging provisions for IBCs prescribed in the IMDG Code.
Specifically, the provisions of IP4 are consistent with Special packing
provision B4 of the IMDG Code. Special provision IP4 states,
``Flexible, fiberboard or wooden IBCs must be sift-proof and water-
resistant or be fitted with a sift-proof and water-resistant liner.''
Based on further review of the implementation effects of this issue, a
new special provision IP21, applicable only to vessel transport but
with the same provisions as IP4, is assigned.
    PHMSA received one comment from DGAC noting for the entry ``UN
2793'' that special provision IP3 is missing from column (7) in the
proposed HMT. This was an inadvertent omission. Special provision IP3
has been reestablished.
Amendments to Column (9) Quantity Limitations
    Section 172.101(j) describes column (9) of the HMT and the quantity
limitations for specific entries. 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.
    In this final rule, PHMSA is amending for column (9B) a quantity
limit of 75 kg for ``UN 0501, Propellant, solid, Division 1.4C.''
Previously, column (9B) forbade the transport of UN 0501 by cargo-only
aircraft as proposed in the NPRM. This new quantity limit is consistent
with the authorized quantity limit found in the ICAO Technical
Instructions.
Amendments to Column (10) Vessel Stowage Requirements
    Section 172.101(k) explains the purpose of column (10) of the HMT
and prescribes the vessel stowage and segregation requirements for
specific entries. 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 meaning of
each code in column (10B) is set forth in Sec.  176.84.
    Consistent with changes to Amendment 38-16 of the IMDG Code, PHMSA
is making numerous changes to the vessel stowage location codes shown
in column (10A) of the HMT. The majority of these changes are a result
of those made to the IMDG Code to ensure the safe transportation of
substances requiring stabilization when transported by vessel. Table 6
contains the changes listed in alphabetical order and showing the
proper shipping name, UN identification number, current vessel stowage
location code, and new vessel stowage location.

                                                     Table 6
----------------------------------------------------------------------------------------------------------------
                                                                                Current vessel     New vessel
                     Proper shipping name                           UN No.        stowage code     stowage code
----------------------------------------------------------------------------------------------------------------
Acrolein dimer, stabilized....................................            2607               A                 C
Acrylonitrile, stabilized.....................................            1093               E                D
N-Aminoethylpiperazine........................................            2815               A                B
Butyl acrylates, stabilized...................................            2348               A                 C
n-Butyl methacrylate, stabilized..............................            2227               A                 C
Butyl vinyl ether, stabilized.................................            2352               B                 C
1,2-Butylene oxide, stabilized................................            3022               B                 C
Ethyl acrylate, stabilized....................................            1917               B                 C
Ethyl methacrylate, stabilized................................            2277               B                 C
Isobutyl acrylate, stabilized.................................            2527               A                 C
Isobutyl methacrylate, stabilized.............................            2283               A                 C
Isoprene, stabilized..........................................            1218               E                D
Methacrylaldehyde, stabilized.................................            2396               E                D
Methyl acrylate, stabilized...................................            1919               B                 C
Methyl isopropenyl ketone, stabilized.........................            1246               B                 C
Methyl methacrylate monomer, stabilized.......................            1247               B                 C
Potassium superoxide..........................................            2466               E                D
Propyleneimine, stabilized....................................            1921               B                D
Radioactive material, uranium hexafluoride non fissile or                 2978               A                B
 fissile-excepted.............................................

Radioactive material, uranium hexafluoride, fissile...........            2977               A                B
Styrene monomer, stabilized...................................            2055               A                 C
Vinyl acetate, stabilized.....................................            1301               B                 C
Vinyl butyrate, stabilized....................................            2838               B                 C
Vinyl isobutyl ether, stabilized..............................            1304               B                 C
Vinylidene chloride, stabilized...............................            1303               E                D
Vinyltoluenes, stabilized.....................................            2618               A                 C
----------------------------------------------------------------------------------------------------------------

    With the addition of a Division 6.1 subsidiary hazard to ``UN 2815,
N-Aminoethylpiperazine,'' ``UN 2977, Radioactive material, uranium
hexafluoride, fissile,'' and ``UN 2978, Radioactive material, uranium
hexafluoride non fissile or fissile-excepted,'' PHMSA is adding code
``40,'' which indicates that the material must be stowed clear of
living quarters, to column (10B) for these entries to remain consistent
with the IMDG Code.
    As a consequence of adding special provision 387, which addresses
stabilization requirements to 51 existing entries in the HMT that are
identified as requiring such, the IMO amended vessel stowage
requirements for these entries. PHMSA is adding code ``25'' to column
(10B) for the same 51 entries identified in Table 2. We note that the
IMDG Code did not assign stowage provisions equivalent to code ``25''
to ``UN 1167, Divinyl ether, stabilized.'' Stowage code ``25'' requires
these materials to be protected from sources of heat. PHMSA believes
the omission of this stowage requirement in the IMDG Code to be an
oversight, and we are adding stowage code ``25'' to this HMR entry. In
the NPRM, we had proposed assigning stowage code ``25'' to UN 2383,
Dipropylamine, but based on comments received from U.S. Amines
indicating the material is not a polymerizing substance, we are not
adding stowage code ``25'' to this entry. In the absence of further
rulemaking actions, these provisions will sunset two years from the
effective date of this rulemaking. See the ``Comment Discussion''
section of this document for further discussion.
    Code ``28'' requires materials to which this code is assigned to be
stowed away from flammable liquids. In this final rule, consistent with
changes to the IMDG Code, PHMSA is removing code ``28'' from column
(10B) for the following HMT entries: ``UN 2965, Boron trifluoride
dimethyl etherate''; ``UN 2988, Chlorosilanes, water-reactive,
flammable, corrosive, n.o.s''; ``UN 1183, Ethyldichlorosilane''; ``UN
1242, Methyldichlorosilane''; ``UN 3490, Toxic by inhalation liquid,
water-reactive, 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''; and ``UN 1295, Trichlorosilane.''
    PHMSA received comments from two commenters concerning amendments
to column (10). Sean Bevan provided general support for harmonization
in this area, while DGAC provided multiple editorial comments related
to the assignment of various vessel stowage codes. The DGAC comments
are summarized as follows:
     ``UN 3402, Alkaline earth metal amalgams, solid,'' lists
vessel stowage code ``14'' in column (10B). DGAC believes the code
should be ``148.'' PHMSA agrees and has amended column (10B)
accordingly.
     ``UN 2968, Maneb stabilized or Maneb preparations,
stabilized against self-heating,'' lists vessel stowage code ``25'' in
column (10B). DGAC states the current entry does not have this code and
there is no discussion in the preamble of the NPRM regarding its
addition. PHMSA agrees that code ``25'' should not have been proposed
in association with this entry and has removed it accordingly.
     ``UN 3395, Organometallic substance, solid, water-
reactive,'' the PGI entry lists vessel stowage code ``14'' in column
(10B). DGAC believes the code should be ``148.'' PHMSA agrees and has
amended column (10B) accordingly.
     ``UN 3397, Organometallic substance, solid, water-
reactive, self-heating,'' the PGII and III entries list vessel stowage
code ``14'' in column (10B). DGAC believes the code should be ``148.''
PHMSA agrees and has amended column (10B) accordingly.
     ``UN 2257, Potassium,'' vessel stowage codes ``13'' and
``148'' do not appear in column (10B). DGAC believes these codes were
inadvertently omitted and should be shown. PHMSA agrees that codes
``13'' and ``148'' should not have been proposed for removal in
association with this entry and has reinserted them into the HMT.
     ``UN 3367, Trinitrobenzene, wetted, with not less than 10%
water, by mass,'' lists vessel stowage code ``3'' in column (10B). DGAC
believes the code should be ``36.'' PHMSA agrees and has amended column
(10B) accordingly.
     ``UN1085, Vinyl bromide, stabilized,'' lists stowage
location ``C'' in column (10A). DGAC believes the code should be ``B.''
PHMSA agrees and has amended column (10A) accordingly.
Appendix B to Sec.  172.101:
    Appendix B to Sec.  172.101 lists marine pollutants regulated under
the HMR. PHMSA is revising the list of marine pollutants by adding five
new entries to remain consistent with the IMDG Code. These changes
include those substances that were either assigned a ``P'' in the
dangerous goods list or identified in the alphabetical index to
Amendment 38-16 of the IMDG Code--based on review of evaluations for
each individual material, and associated isomers where appropriate,
performed by the Group of Experts on the Scientific Aspects of Marine
Environmental Protection (GESAMP) and the GESAMP defining criteria for
marine pollutants. The following entries are added to the list of
marine pollutants in appendix B to Sec.  172.101: Hypochlorite
solutions; Isoprene, stabilized; N-Methylaniline; Methylcyclohexane;
and Tripropylene. DGAC commented that there already exists an entry in
the list of marine pollutants for ``hexane,'' so there is no need to
add the entry ``hexanes.'' PHMSA agrees and is not adding a duplicative
entry for ``hexanes.'' IVODGA commented with general support for the
addition of these entries.
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. In this final
rule, PHMSA is making the following revisions to Sec.  172.102 special
provisions:
     Special Provision 40: Special provision 40 prescribes the
criteria for classification of a ``Polyester resin kit.''

PHMSA is revising special provision 40 by authorizing a polyester resin
kit to contain a Division 4.1 base material consistent with the new HMT
entry ``UN 3527, Polyester resin kit, solid base material, 4.1.''
     Special Provision 134: Special provision 134 prescribes
the applicability of the HMT entry ``UN 3171, Battery-powered vehicle
or Battery-powered equipment.'' PHMSA is revising special provision 134
by amending the list of battery-powered vehicle examples to include
trucks, locomotives, bicycles (pedal cycles with an electric motor) and
other vehicles of this type (e.g., self-balancing vehicles or vehicles
not equipped with at least one seating position), and self-propelled
farming and construction equipment. In addition, PHMSA is organizing
the structure of the special provision into paragraph form for ease of
reading. PHMSA received a comment from UPS stating that the amendment
to special provision 134 categorizes hoverboards as battery-powered
vehicles and not lithium batteries contained in equipment. UPS argued
that this classification obscures to carriers the presence of lithium
batteries with no indication in the proper shipping name that lithium
batteries are present and requested that the United Nations reconsider
this amendment during the next biennium. PHMSA notes these concerns and
will consider whether the issue should be reconsidered during the next
UN biennium. In the interest of ensuring proper shipping names utilized
by shippers are consistent in all transport modes, we are adopting the
amendments to special provision 134 as proposed in the NPRM.
     Special Provision 135: Special provision 135 specifies
that an internal combustion engine installed in a vehicle must be
consigned to the entries ``Vehicle, flammable gas powered'' or
``Vehicle, flammable liquid powered,'' as appropriate. PHMSA is
revising special provision 135 by clarifying that vehicles powered by
both a flammable liquid and a flammable gas internal combustion engine
must be consigned to the entry ``Vehicle, flammable gas powered.'' In
addition, PHMSA is revising special provision 135 by clarifying that
for the purpose of this special provision, a ``vehicle'' is a self-
propelled apparatus designed to carry one or more persons or goods. A
list of examples is provided.
     Special Provision 157: PHMSA is adding new special
provision 157 and assigning it to ``UN 3527, Polyester resin kit, solid
base material.'' The special provision allows the maximum net capacity
for inner packagings of flammable solids in PG II to be increased to no
more than 5 kg (11 pounds) when the material is transported as a
limited quantity.
     Special Provision 181: PHMSA is adding new special
provision 181 and assigning it to ``UN 3481, Lithium ion batteries
contained in equipment''; ``UN 3481, Lithium ion batteries packed with
equipment''; ``UN 3091, Lithium metal batteries contained in
equipment''; and ``UN 3091, Lithium metal batteries packed with
equipment.'' The special provision specifies that when lithium cells or
batteries packed with equipment and lithium cells or batteries
contained in equipment are packed in the same package, the shipping
paper (if used) and the package must use the ``packed with'' proper
shipping name and UN number. Further, all packaging requirements
applicable to both proper shipping names must be met and the total mass
of cells or batteries in the package must not exceed the quantity
limits specified in columns (9A) and (9B), as applicable.
     Special Provision 182: PHMSA is adding new special
provision 182 and assigning it to ``UN 3072, Life-saving appliances,
not self-inflating containing dangerous goods as equipment'' to clarify
that equipment containing only lithium batteries must be classified as
either UN 3091 or UN 3481, as appropriate.
     Special Provision 238: Special provision 238 addresses the
shipment of neutron radiation detectors. PHMSA is revising special
provision 238 to align with the UN Model Regulations special provision
373 by permitting the packaging to contain ``absorbent'' or
``adsorbent'' material where the previous requirement permitted
``absorbent'' material only.
     Special Provision 369: Special provision 369 prescribes
classification criteria, consignment instructions and transport
conditions for ``UN 3507, Uranium hexafluoride, radioactive material,
excepted package, less than 0.1 kg per package, non-fissile or fissile-
excepted.'' PHMSA is revising special provision 369 in conjunction with
revising the primary classification for UN 3507 from Class 8 to
Division 6.1. Specifically, PHMSA is clarifying that this radioactive
material in an excepted package possessing toxic and corrosive
properties is classified in Division 6.1 with radioactive and corrosive
subsidiary risks.
     Special Provision 379: PHMSA is adding new special
provision 379 and assigning it to the HMT entries ``UN 1005, Ammonia,
anhydrous'' and ``UN 3516, Adsorbed gas, toxic, corrosive, n.o.s.''
This special provision is applicable to ammonia dispensers containing
adsorbed ammonia, which are used to reduce polluting nitrogen oxide
emissions from automobiles. The UN Sub-Committee found that the
substance contained in the receptacles did not meet any criteria for
classification in the Model Regulations, but it acknowledged that the
substance did fit the recent definition of an adsorbed gas. Based on
the stability of adsorption under normal transport conditions, an
exception for these dispensers was adopted subject to appropriate
packaging conditions. These materials are normally forbidden for
transport by air on passenger-carrying and cargo-only aircraft;
however, consistent with the ICAO Technical Instructions, PHMSA is
authorizing them on cargo-only aircraft subject to the transport
conditions prescribed in the special provision with additional approval
of the Associate Administrator.
     Special Provision 387: PHMSA is adding new special
provision 387 and assigning it to the four new ``n.o.s.'' polymerizing
substance HMT entries and to the 52 existing HMT entries that are
identified as requiring stabilization. This special provision sets
forth the transport conditions when stabilization, or prevention of
polymerization, is provided through the use of a chemical inhibitor.
When a substance is stabilized via use of a chemical inhibitor, it is
important to ensure that the level of stabilization is sufficient to
prevent the onset of a dangerous reaction under conditions normally
incident to transportation. This special provision requires a
determination that the degree of chemical stabilization employed at the
time the package, IBC, or tank is offered for transport must be
suitable to ensure that the sustained bulk mean temperature of the
substance in the package, IBC, or tank will not exceed 50 [deg]C (122
[deg]F), under conditions normally incident to transportation. The
special provision also specifies that temperature control is required
at the point where chemical stabilization becomes ineffective at lower
temperatures within the anticipated duration of transport. Consistent
with the ICAO Technical Instructions, PHMSA is clarifying in special
provision 387 that these substances are forbidden for transport by air
when temperature control is required. U.S. Amines requests that PHMSA
reconsider assigning special provision 387 to Dipropylamine (UN 2383),
further asserting that this material does not pose a polymerization
risk. They provided safety data sheets and other associated technical
data to substantiate the claim. Based on a

review of the technical information provided and the physical
properties of the substance in question, PHMSA agrees and is not
assigning special provision 387 to this substance. In the absence of
further rulemaking actions, this provision will sunset two years from
the effective date of this rulemaking. See the ``Comment Discussion''
section of this document for further discussion.
     Special Provision 420: PHMSA is adding new special
provision 420 and assigning it to the HMT entry ``UN 2000, Celluloid.''
This special provision states that table tennis balls are not subject
to the requirements of the HMR. The 19th Revised Edition of the UN
Model Regulations includes a special provision assigned to ``UN 2000,
Celluloid'' that excepts table tennis balls made of celluloid from the
requirements of the Model Regulations if the total net mass of each
table tennis ball does not exceed 3 grams and the net mass of table
tennis balls does not exceed 500 grams per package. In the NPRM, PHMSA
discussed not including this special provision (see Section V,
``Amendments Not Being Considered for Adoption in This NPRM'') as it is
unnecessary based on our position--as stated in the letter of
interpretation (Ref. No. 14-0141)--that table tennis balls are not
subject to the requirements of the HMR and that the ``UN 2000,
Celluloid'' entry only applies when the material is in a pre-
manufactured state (i.e., blocks rod, rolls, sheets, tubes, etc.).
PHMSA received three comments from COSTHA, DGAC, and IVODGA requesting
that PHMSA reconsider the position to omit the special provision. DGAC