Proper shipping name        UN No.   Proper shipping name    UN No.
------------------------------------------------------------------------
Ammunition, smoke with or        UN0015  Ammunition, tear-        UN0018
 without burster, expelling               producing with
 charge or propelling charge.             burster, expelling
                                          charge or
                                          propelling charge.
Ammunition, smoke with or        UN0016  Ammunition, tear-        UN0019
 without burster, expelling               producing with
 charge or propelling charge.             burster, expelling
                                          charge or
                                          propelling charge.
------------------------------------------------------------------------

    During review of the explosive stowage codes it was noted that
stowage code 1E was assigned to UN0504 1H-Tetrazole and UN0502 Rockets,
with inert head. Stowage code 1E was removed in a final rule published
on June 21, 2001, under Docket Number RSPA-2000-7702 (HM-215D) [66 FR
33316] entitled, ``Harmonization with the United Nations
Recommendations, International Maritime Dangerous Goods Code, and
International Civil Aviation Organization's Technical Instructions''
and, in this NPRM, PHMSA proposes to amend the listings for these two
entries by removing these two codes whose requirements have been
captured by other vessel stowage provisions.

Section 172.102 Special Provisions

    Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. PHMSA is
proposing the following revisions to the Sec.  172.102, Special
provisions:
Special Provision 47
    Special provision 47 provides classification exceptions for
mixtures of solids and flammable liquids. In this NPRM, PHMSA proposes
to revise special provision 47 to clarify that the requirement that
each packaging must correspond with a design type that has passed a
leakproofness test at the Packing Group II level applies only to single
packagings.
Special Provision 48
    Special provision 48 provides classification exceptions for
mixtures of solids and toxic liquids. In this NPRM, PHMSA proposes to
revise special provision 47 to clarify that the requirement that each
packaging must correspond with a design type that has passed a
leakproofness test at the Packing Group II level applies only to single
packagings.
Special Provision 49
    Special provision 49 provides classification exceptions for
mixtures of solids and corrosive liquids. In this NPRM, PHMSA proposes
to revise special provision 49 to clarify that the requirement that
each packaging must correspond with a design type that has passed a
leakproofness test at the Packing Group II level applies only to single
packagings.
Special Provision 101
    In a NPRM published in the Federal Register on August 31, 2006 (71
FR 51895), we proposed to remove Sec.  172.102(c)(1), Special provision
101. In the NPRM, we stated that with the introduction of the letter
``G'' in Column (1), which requires the n.o.s. and generic proper
shipping names to be supplemented with the technical name of the
hazardous material, Special Provision 101 became obsolete.
Consequently, because we did not receive public comment, the amendment
was adopted as proposed in a final rule published in the Federal
Register on December 29, 2006 (71 FR 78596).
    Consequences of the removal of Sec.  172.102(c)(1) Special
provision 101 in 2006 may have resulted in

noncompliance for certain Department of Defense (DOD) explosive
shipments. DOD recently asserted the current provisions in Sec. Sec.
171.8 and 172.203(k) of the HMR do not permit technical names to be
indicated in such a manner as former Special provision 101 required.
For example, a DOD explosive shipment approved under the generic
description ``Articles, explosive, n.o.s.'' was previously assigned
Special provision 101 in column 7 of the Sec.  172.101 Hazardous
Materials Table that required the name of the particular substance or
article to be specified as the technical name for the substance or
article (e.g., ``Fuze, Grenade, M219A2'') in association with the basic
description. Therefore, in this notice, PHMSA is proposing to reinstate
special provision 101 for the following HMT entries:
UN0349 Articles, explosive, n.o.s.
UN0350 Articles, explosive, n.o.s.
UN0351 Articles, explosive, n.o.s.
UN0352 Articles, explosive, n.o.s.
UN0353 Articles, explosive, n.o.s.
UN0354 Articles, explosive, n.o.s.
UN0355 Articles, explosive, n.o.s.
UN0356 Articles, explosive, n.o.s.
UN0462 Articles, explosive, n.o.s.
UN0463 Articles, explosive, n.o.s.
UN0464 Articles, explosive, n.o.s.
UN0465 Articles, explosive, n.o.s.
UN0466 Articles, explosive, n.o.s.
UN0467 Articles, explosive, n.o.s.
UN0468 Articles, explosive, n.o.s.
UN0469 Articles, explosive, n.o.s.
UN0470 Articles, explosive, n.o.s.
UN0471 Articles, explosive, n.o.s.
UN0472 Articles, explosive, n.o.s.
UN0382 Components, explosive train, n.o.s.
UN0383 Components, explosive train, n.o.s.
UN0384 Components, explosive train, n.o.s.
UN0461 Components, explosive train, n.o.s.
UN0357 Substances, explosive, n.o.s.
UN0358 Substances, explosive, n.o.s.
UN0359 Substances, explosive, n.o.s.
UN0473 Substances, explosive, n.o.s.
UN0474 Substances, explosive, n.o.s.
UN0475 Substances, explosive, n.o.s.
UN0476 Substances, explosive, n.o.s.
UN0477 Substances, explosive, n.o.s.
UN0478 Substances, explosive, n.o.s.
UN0479 Substances, explosive, n.o.s.
UN0480 Substances, explosive, n.o.s.
UN0481 Substances, explosive, n.o.s.
UN0485 Substances, explosive, n.o.s.
UN0482 Substances, explosive, very insensitive, n.o.s. or
Substances, EVI, n.o.s.
Special Provision 118
    Special provision 118 states that materials listing this special
provision may not be transported under the provisions of Division 4.1
unless specifically authorized by the Associate Administrator. In the
UN Model Regulations the corresponding special provision, SP 272,
contained a note that the special provision referred to UN0143. This
special provision in the UN Model Regulations has been revised to
indicate that the special provision applies to both UN0143 and UN0150,
as appropriate. To maintain consistency with the UN Model Regulations,
in this NPRM PHMSA proposes to adopt this editorial note and revise
special provision 118 by adding the language ``(see UN0143 or UN0150 as
appropriate)'' following the existing text.
Special Provision 134
    Special provision 134 would be revised to note that this provision
also applies to equipment powered by wet batteries or sodium batteries
that are transported with these batteries installed. This is a minor
clarification of the original intent of this special provision.
Special Provision 155
    Special provision 155 states that Fish meal or fish scrap may not
be transported if the temperature at the time of loading either exceeds
35 [deg]C (95[emsp14][deg]F), or exceeds 5 [deg]C (9[emsp14][deg]F)
above the ambient temperature, whichever is higher.
    In this NPRM PHMSA proposes to revise special provision 155 by
adding a reference to the new proper shipping name ``krill meal.''
Krill meal processes similar self-heating hazard characteristics to
fish meal and scrap; therefore, application of this special provision
is appropriate. This addition will clarify that special provision 155
applies to fish meal and fish scrap as well as krill meal. This
revision is a clarification of the existing requirement.
Special Provision 237
    Special provision 237 specifies that ``Batteries, dry, containing
potassium hydroxide solid, electric storage '' must be prepared and
packaged in accordance with the requirements of Sec.  173.159(a), (b),
and (c) and that for transportation by aircraft, the provisions of
Sec.  173.159(b)(2) are applicable.
    In this NPRM PHMSA is proposing to add an additional sentence to
special provision 237 clarifying the applicability of the provision.
Specifically language is added to state that the entry for ``Batteries,
dry, containing potassium hydroxide solid, electric storage'' may only
be used for the transport of non-activated batteries that contain dry
potassium hydroxide and that are intended to be activated prior to use
by the addition of an appropriate amount of water to the individual
cells.
Special Provision 238
    Special provision 238 is added to address neutron radiation
detectors. Neutron detection is a key component used in nuclear arms
interdiction in addition to other applications such as nuclear reactor
monitoring, neutron-based cancer treatments, neutron spallation,
nondestructive testing and health physics applications. Most neutron
radiation detectors contain boron trifluoride gas, UN1008, which is
currently forbidden by passenger and cargo aircraft as noted in Columns
(9A) and (9B) of the HMT. Currently, neutron radiation detectors that
contain this gas can only be transported by air under the terms of a
special permit.
    ICAO recently adopted a special provision specifically addressing
neutron radiation detectors. The recently adopted special provision
A191 permits, under certain conditions the transportation by cargo
aircraft of neutron radiation detectors that contain boron trifluoride.
These conditions include quantity of gas limitations, construction and
packaging specifications. The special provision also provides that
under certain conditions these neutron radiation detectors containing
not more than 1 gram of boron trifluoride gas are not otherwise subject
to the ICAO Technical Instructions.
    PHMSA granted a special permit, for the transportation by all
modes, of certain neutron radiation detectors containing boron
trifluoride gas. The limitations set forth in Special Provision A191 of
the ICAO Technical Instructions do not exceed any limitations of the
special permit and, therefore, PHMSA proposes to adopt and apply them
to all modes of transportation except passenger-carrying aircraft by
incorporating them into Sec.  172.102(c)(1), Special provision 238.
Specifically, the special provision will provide packaging requirements
(including pressure limitations), quantities permitted, and package
construction requirements for radiation detectors containing non-
pressurized boron trifluoride gas in excess of 1 gram. The special
provision also provides additional exceptions from the HMR based on the
transport mode and other conditions. The special provision is
applicable to the entry ``UN1008, Boron trifluoride'' in the HMT. PHMSA
believes the adoption of this special provision provides an adequate
level of safety for the transportation of these items, while providing
flexibility and without the need to obtain a special permit.
Special Provision 328
    A new special provision 328 is added to clarify that when lithium
cells or batteries are contained in the fuel cell system, the item must
be described

under this entry and the entry ``Lithium batteries, contained in
equipment.'' This special provision will be applied to UN3473 ``Fuel
cell cartridges or Fuel cell cartridges contained in equipment or Fuel
cell cartridges packed with equipment, containing flammable liquids'';
UN3476 ``Fuel cell cartridges or Fuel cell cartridges contained in
equipment or Fuel cell cartridges packed with equipment, containing
water-reactive substances''; UN3477 ``Fuel cell cartridges or Fuel cell
cartridges contained in equipment or Fuel cell cartridges packed with
equipment, containing corrosive substances''; UN3478 ``Fuel cell
cartridges or Fuel cell cartridges contained in equipment or Fuel cell
cartridges packed with equipment, containing liquefied flammable gas'';
and UN3479 ``Fuel cell cartridges or Fuel cell cartridges contained in
equipment or Fuel cell cartridges packed with equipment, containing
hydrogen in metal hydride.''
Special Provision 360
    A new Special Provision 360 would be added and assigned to UN3091,
``Lithium batteries, contained in equipment'' to clarify that vehicles
powered only by lithium batteries must be assigned to identification
number UN3071, ``Battery powered vehicle''.
Special Provision 361
    A new special provision 361 is added to clarify that certain
capacitors with limited energy storage capability are excepted from the
HMR. Specifically, the special provision will state that capacitors
with an energy storage capacity of 0.3 Wh or less are not subject to
the HMR. Furthermore this special provision will define energy storage
capacity as the energy held by a capacitor, as calculated using the
nominal voltage and capacitance.
    Proposed Sec.  173.176 provides that capacitors not installed in
equipment must be transported in an uncharged state and capacitors
installed in equipment must be transported in either an uncharged state
or protected against short circuit. Certain types of capacitors such as
asymmetrical capacitors are designed to maintain a terminal voltage.
This special provision will also clarify the entry UN3499 does not
apply to these capacitors. This special provision will be applied to
the proposed HMT entry UN3499, ``Capacitor, electric double layer (with
an energy storage capacity greater than 0.3 Wh).''
Special Provision 362
    A new special provision 362 is added to specify when a material can
be considered a chemical under pressure. Specifically, the special
provision will state that classification of these materials is to be
based on hazard characteristics of the components in the propellant,
the liquid, or the solid forms. Further, this special provision will
detail the appropriate primary and subsidiary hazard classes to be
assigned to chemicals under pressure. Special provision 362 would be
added and assigned to the following HMT entries: UN3500, Chemical under
pressure, n.o.s.; UN3501, Chemical under pressure, flammable, n.o.s.;
UN3503, Chemical under pressure, corrosive, n.o.s.; UN3502, Chemical
under pressure, toxic n.o.s.; UN3504, Chemical under pressure,
flammable, toxic, n.o.s.; and UN3505, Chemical under pressure,
flammable, corrosive, n.o.s.
Special Provision 363
    Prior to the publication of the 17th Revised Edition of the UN
Model Regulations, the transport of large amounts of fuel in machinery
was not specifically addressed in international transport regulations.
In the most recent biennium of the UNSCOE, some experts expressed
concerns about the transport of large amounts of fuel in machinery.
This concern lead the international community to adopt in The 17th
Revised Edition of the UN Model Regulations a special provision
associated with fuel-related Class 3 entries.
    Special Provision 363, as adopted in the UN Model Regulations,
requires an article that contains fuel in excess of the limited
quantity authorized amount and is ineligible to be described as
Dangerous Goods in Machinery or Apparatus, UN3363, to conform to
several general provisions to avoid being subject to the remainder of
the HMR. Shipments utilizing this special provision require that the
means of containment be in compliance with the construction
requirements of the competent authority, all valves or openings in the
means of containment containing dangerous goods shall be closed during
transport, the machinery or equipment shall be loaded in an orientation
to prevent leakage, and: (1) If the means of containment has a capacity
of not more than 450 liters, one label would be required; (2) if the
means of containment has a capacity greater than 450 liters but not
more than 1,500 liters, it must be labeled on all four sides; or (3) if
the means of containment has a capacity greater than 1,500 liters, it
must be placarded on each side and each end. Additionally, shipping
papers are required for such articles.
    In this NPRM, PHMSA proposes to adopt Special Provision 363 modeled
on the corresponding special provision adopted in the UN Model
Regulations. This special provision would be assigned to the following
HMT entries for transportation by vessel: UN1202, Gas oil or Diesel
fuel or Heating oil, light; UN1203, Gasoline including when mixed with
ethyl alcohol, with not more than 10% alcohol; UN1223, Kerosene;
UN1268, Petroleum distillates, n.o.s. or Petroleum products, n.o.s.;
UN1863, Fuel, aviation, turbine engine; and UN3475, Ethanol and
gasoline mixture or Ethanol and motor spirit mixture or Ethanol and
petrol mixture, with more than 10% ethanol.
    While PHMSA generally agrees with the concept of addressing
machinery or apparatus containing flammable liquid fuels in amounts
that exceed the authorized limited quantity amounts and are ineligible
to be described as UN3363, Dangerous goods in machinery or apparatus,
we do have concerns related to the potential impact that adopting this
special provision would have on shippers of generators and other
similar articles that may currently be described as UN3166, Engines
internal combustion, and are not subject to fuel limitations when
transported by highway or rail. Conversely, PHMSA is soliciting public
comment regarding any potential negative impact on the efficient and
seamless flow of international commerce if we choose not to adopt
Special Provision 363 in a final rule.
Special Provision 365
    With the official adoption of a new proper shipping name UN3506
Mercury contained in manufactured articles in the 17th Revised Edition
of the UN Model Regulations to address manufactured articles containing
mercury, PHMSA proposes to add a new special provision 365 stating that
manufactured instruments and articles containing mercury should
reference UN3506. This special provision will be applied to UN2809
Mercury.
Special Provision A60
    Special Provision A60 permits UN2014, Hydrogen peroxide, aqueous
solution, to be transported in excepted quantities provided a
comparative fire test between packages containing the solution and
identical packages containing water demonstrated no difference in the
burning rate. The likelihood of finding discernible differences with
more accurate test equipment used today is much greater than it would
have been with equipment used when the test

requirements were first developed. This more sensitive equipment often
detects negligible differences between the two test subjects and,
therefore, precludes transport of these small devices under the special
provision. To address the issue, the ICAO Dangerous Goods Panel (DGP)
adopted a proposal to allow small differences in burning rates.
    In this NPRM we are proposing to harmonize with the ICAO Technical
Instructions with regard to the comparative fire test for Hydrogen
peroxide, aqueous solution. Special provision A60 is revised
accordingly.
Special Provision A100
    Special Provision A100 states that primary (non-rechargeable)
lithium batteries and cells are forbidden for transport aboard
passenger-carrying aircraft and secondary (rechargeable) lithium
batteries and cells are authorized aboard passenger-carrying aircraft
in packages that do not exceed a gross weight of 5 kg.
    In this NPRM special provision A100 is revised to clarify the
weight limitations for secondary lithium batteries are net and not
gross quantities. There are some combinations of authorized battery
packagings that contribute significantly towards the gross weight of
the finished package. The intent of this proposed change is to indicate
that the quantity limits for secondary lithium battery shipments aboard
passenger-carrying aircraft are to be based on the actual weight of the
batteries in each individual package and not the weight of the
completed package.
Special Provision A103
    Special Provision A103 specifies that lithium batteries contained
in equipment is authorized aboard passenger carrying aircraft if the
gross weight of the inner package of secondary lithium batteries or
cells packed with the equipment does not exceed 5 kg (11 pounds).
    In this NPRM special provision A103 is revised to clarify the
weight limitations are net and not gross quantities. There are some
combinations of authorized battery packagings that contribute
significantly towards the gross weight of the finished package. The
intent of this proposed change is to indicate that the quantity limits
for secondary lithium battery shipments aboard passenger carry aircraft
are to be based on the actual weight of the batteries in each
individual package and not the weight of the completed package.
Special Provision A189
    In this NPRM, we are proposing to add a new special provision,
A189, which will be assigned to the HMT entry ``UN2209, Formaldehyde
solutions, with not less than 25 percent formaldehyde'' indicating how
Formaldehyde solutions with more than 25% are to be classified. It was
suggested at the ICAO DGP that the entry for ``UN2209, Formaldehyde
solution with not less than 25% formaldehyde'' implied that
concentrations of less than 25% formaldehyde were not regulated. To
clarify these requirements, the ICAO DGP adopted a new special
provision detailing how differing percentage of formaldehyde solutions
are regulated.
    In this NPRM, we are proposing to add language detailing how
differing percentage of Formaldehyde solutions are to be regulated in
the new special provision A189. This special provision will be applied
to UN3334, Aviation regulated liquid, n.o.s. and NA3082, Other
regulated substances, liquid, n.o.s.
Special Provision A192
    A new special provision, A192, is added noting that regardless of
the Division 6.1 subsidiary hazard indicated in the HMT, the poison
subsidiary risk label and an indication of this subsidiary risk on the
shipping paper are not required for manufactured articles containing
less than 0.45 kg (1 pound) of mercury. This provision aligns with the
decision of the UN Sub-Committee to ensure that transport of such
articles, particularly by air, is not impeded due to mercury's revised
classification.
Special Provision A200
    As previously discussed, a new special provision, A200, is added
stating the entries assigned this special provision must be transported
as cargo when transported by aircraft and cannot be carried onboard an
aircraft by passengers or crewmembers either in or as carry-on baggage,
checked baggage, or on their person unless specifically excepted by
Sec.  175.10, ``Exceptions for Passengers, Crewmembers, and Air
Operators.'' This special provision would be assigned to articles and
will be applied to: UN3166, Engines, internal combustion or Engines,
fuel cell, flammable gas powered; UN3166, Engines, internal combustion,
or Engines, fuel cell, flammable liquid powered; UN3166, Vehicle,
flammable gas powered or Vehicle, fuel cell, flammable gas powered;
UN3166, Vehicle, flammable liquid powered or Vehicle, fuel cell,
flammable liquid powered; UN0503, Air bag inflators, or Air bag
modules, or Seat-belt pretensioners; and, UN3268, Air bag inflators, or
Air bag modules, or Seat-belt pretensioners.
Special Provision B120
    A new special provision B120 is added to specify the use of FBCs
conforming to the requirements in Subpart R and Subpart S of part 178
of this subchapter are permitted. The special provision is applicable
to the following entries:

------------------------------------------------------------------------
                     Proper shipping name                        UN No.
------------------------------------------------------------------------
Ammonium nitrate based fertilizer............................     UN2067
Ammonium nitrate, with not more than 0.2% total combustible       UN1942
 material, including any organic substance, calculated as
 carbon to the exclusion of any other added substance........
Calcium nitrate..............................................     UN1454
Environmentally hazardous substance, solid, n.o.s............     UN3077
Magnesium nitrate............................................     UN1474
Naphthalene, crude or Naphthalene, refined...................     UN1334
Paraformaldehyde.............................................     UN2213
Potassium nitrate............................................     UN1486
Sodium carbonate peroxyhydrate...............................     UN3378
Sodium nitrate...............................................     UN1498
Sodium nitrate and potassium nitrate mixtures................     UN1499
Sodium perborate monohydrate.................................     UN3377
Sulfur (domestic and international entries)..................     UN1350
------------------------------------------------------------------------

    FBCs must conform to the performance-oriented construction
standards and testing criteria in new subparts R and S of part 178. In
addition, shipments of FBCs must be prepared and otherwise conform to
the general requirements for bulk packages in subpart B of part 173 and
the proposed new Sec.  173.37.
IBC Codes
    In a final rule published in the Federal Register on January 19,
2011 (76 FR 3308; HM-215K), the Table 1 (IBC Codes) in paragraph (c)(4)
were editorially revised to remove UN Specifications 31A, 31B and 31N
from IBC Codes IB4 through IB8. The revision was consistent with
amendments to international standards that removed the specifications
from the indicated codes in the table because IBC Codes IB4 through IB8
are assigned to solids, whereas, UN Specifications 31A, 31B, and 31N
are authorized for transportation of liquids in IBC Codes IB1 through
IB3 and are assigned to liquid materials only. In the January 19, 2011
final rule, PHMSA inadvertently failed to also remove the remaining

liquid IBC specifications (31H1, 31H2, 31HZ1, and 31HZ2) from IB Codes
IB4 through IB8. Therefore, in this NPRM, PHMSA is editorially
correcting the IBC Code Table in Sec.  172.102(c)(4).
Special Provision TP39
    A new special provision, TP39, is added and assigned to HMT
entry``UN2381, Dimethyl disulfide.'' This special provision indicates
that portable tank instruction T4 may continue to be applied until
December 31, 2018. This will provide more time for portable tank
transporters to transition their current fleets.
Special Provision TP40
    A new special provision TP40 is added and assigned to HMT entries
``UN3500, Chemical under pressure, n.o.s.; UN3501, Chemical under
pressure, flammable, n.o.s.; UN3503, Chemical under pressure,
corrosive, n.o.s., UN3503; UN3502, Chemical under pressure, toxic
n.o.s.; UN3504, Chemical under pressure, flammable, toxic, n.o.s.; and
UN3505, Chemical under pressure, flammable, corrosive, n.o.s.'' The
special provision indicates that the portable tanks must not be
transported when connected with spray application equipment. This will
provide an additional measure preventing inadvertent release of
hazardous materials in transport.
Special Provision TP41
    A new Special provision TP41 is added and assigned to HMT entries
``UN3148, Water-reactive liquid, n.o.s.,'' indicating that the portable
tank instruction T9 may continue to be applied until December 31, 2018.
Special Provision TP50
    Special provision T50 is revised to note that this provision is
applicable to chemicals under pressure as well as liquefied compressed
gases. Special provision T50 would be assigned to HMT entries ``UN3500,
Chemical under pressure, n.o.s.; UN3501, Chemical under pressure,
flammable, n.o.s.; UN3503, Chemical under pressure, corrosive, n.o.s.,
UN3503; UN3502, Chemical under pressure, toxic n.o.s.; UN3504, Chemical
under pressure, flammable, toxic, n.o.s.; and UN3505, Chemical under
pressure, flammable, corrosive, n.o.s.''
Special Provision W10
    A new special provision W10 is added and assigned to HMT entries
``UN3486 Calcium hypochlorite mixture, dry, corrosive with more than
10% but not more than 39% available chlorine'' and to ``UN2208 Calcium
hypochlorite mixtures, dry, with more than 10 percent but not more than
39 percent available chlorine'' indicating that when offered for
transportation by vessel, the use of Large Packagings is prohibited.
This provision is being adopted to align with a recent IMO change
forbidding these commodities from being transported by vessel in large
packages.

Section 172.202

    Section 172.202 establishes requirements for shipping descriptions
on shipping papers. As part of these shipping paper requirements, in
many situations a net or gross quantity of the hazardous materials
transported must be included. At the 23rd meeting of the ICAO DGP, the
issue of notation of quantities on shipping documents was raised.
Specifically, it was noted that some confusion as to whether or not the
net quantity or a gross mass is required on the shipping documents on
particular shipments, such as limited quantities. At this meeting an
amendment to the ICAO Technical Instructions was proposed and adopted
designed to clarify what quantities (i.e. net or gross quantity) were
required on the transport document for packages containing limited
quantities where different hazardous materials are packed together in
the same outer packaging.
    In this NPRM, PHMSA proposes to adopt a similar provision to the
one addressed by the ICAO DGP discussed above. Specifically, PHMSA
proposes to add a new paragraph (a)(6)(vii) stating that for shipments
containing hazardous materials in limited quantities with a ``30 Kg
gross'' limit in Column (9A) or (9B) of the Sec.  172.101 Hazardous
Materials Table and different hazardous materials packed together in
the same outer packaging, the net quantity of each hazardous material
followed by the gross mass of the completed package should be shown on
the shipping paper.
    This clarification will address a transport scenario currently not
addressed in the HMR thus alleviating confusion regarding the shipping
paper requirements of such shipments. Furthermore, this will harmonize
the HMR with the ICAO Technical Instructions and avoid shipping paper
discrepancies for international shipments.

Section 172.301

    This section details the general marking requirements for non-bulk
packagings. Specifically, this section states what information (proper
shipping name and identification number, technical names, consignee's
or consignor's name, etc.) must be displayed on the outside of non-bulk
packages. While the HMR requires that an identification number,
preceded by ``UN'' or ``NA'' as appropriate, be marked on the outside
of a non-bulk packaging a specific size of this marking is not
specified.
    In this NPRM PHMSA proposes to add specific size requirements for
the ``UN'' or ``NA'' markings. As proposed these markings must be
marked in characters at least 12 mm (0.47 inches) high, however,
packages with a maximum capacity of 30 liters (7.92 gallons) or 30 kg
(66 pounds) or less must be marked with characters at least 6 mm (0.2
inches) high and packages having a maximum capacity 5 liters (1.32
gallons) or 5 kg (11 pounds) or less must be marked in a size
appropriate for the size of the package.
    PHMSA proposes this minimum size marking for the ``UN'' or ``NA''
markings to align with newly adopted requirements in the 17th Revised
Edition of the UN Model Regulations. PHMSA recognizes the importance of
establishing a minimum size requirement for the internationally
recognized ``UN'' identification number marking system. The HMR
currently specifies size requirements for the package markings
specified in Sec.  178.3(a)(4). Specifically, for package markings,
letters and numerals must be at least 12.0 mm (0.47 inches) in height
except that for packagings of less than or equal to 30 L (7.9 gallons)
capacity for liquids or 30 kg (66 pounds) capacity for solids the
height must be at least 6.0 mm (0.2 inches). Without a minimum size
requirement for hazard communication, shippers may mark packages in a
format that makes it very hard for first responders to identify the
commodity associated with a particular package. Therefore in this NPRM,
PHMSA proposes to specify a marking size consistent with package
marking sizes specified in Sec.  178.3(a)(4) and those adopted in the
17th Revised Edition of the UN Model Regulations.

Section 172.312

    Section 172.312 details the specific marking requirements for
liquid hazardous materials in non-bulk packagings. Paragraph (a) of
this section describes scenarios when package orientation arrows must
be displayed on the outside of a package. Provided certain criteria are
met, paragraph (c) excepts certain shipments from the requirements of
paragraph (a) and thus, the requirement to display the package
orientation arrows on the package. Currently Sec.  173.312(c)(3) states
that when offered or intended for transportation by aircraft, packages

containing flammable liquids in inner packagings of 120 mL (4 fluid
oz.) or less prepared in accordance with Sec.  173.150(b) or (c) of
this subchapter when packed with sufficient absorption material between
the inner and outer packagings to completely absorb the liquid contents
are not required to display the package orientation arrows on the
outside of the package. The ICAO TI have been amended to extend this
exception to the package orientation markings to all liquid hazardous
materials in inner packagings of 120 mL (4 fluid oz.) when packed with
sufficient absorption material between the inner and outer packagings
to completely absorb the liquid contents. In this NPRM, PHMSA is
proposing to adopt this change, consistent with the amendment made to
the ICAO TI to extend the exception for the display of the package
orientation arrows to all liquid hazardous materials in inner
packagings of 120 mL (4 fluid oz.) when packed with sufficient
absorption material between the inner and outer packagings to
completely absorb the liquid contents.

Section 172.604

    Section 172.604 prescribes emergency response telephone number
requirements. Paragraph (d) of this section provides a listing of
materials that are excepted from the requirement to provide an
emergency response telephone number on a shipping document.
    In this NPRM, PHMSA proposes to add ``Krill Meal, PGIII'' to the
list of materials excepted from the emergency response telephone number
requirements. Krill meal poses similar hazards to fish scrap and meal;
therefore, in this NPRM we are providing Krill meal with the same
exception from the emergency response telephone number requirements as
fish scrap and meal.

Part 173

    Part 173 of the HMR describes the general requirements for
shipments and packagings of hazardous materials. Consistent with
amendments adopted by the UN Model Regulations, PHMSA proposes to adopt
changes throughout the Part 173 packaging requirements to authorize
more flexibility when choosing packages for hazardous materials.
Specifically PHMSA proposes to authorize the use of the following
packaging types and materials:
    The specific packaging requirements for Class 1 explosive materials
are specified in Sec.  173.62. In this NPRM PHMSA is proposing to
revise Sec.  173.62 to authorize wood as an appropriate material used
to construct receptacles, inner and outer intermediate packagings, and
intermediate packagings/dividing partitions for certain explosives.
Furthermore, in this NPRM PHMSA is proposing to authorize the use of
metals other than steel or aluminum in specification packagings,
specifically drums (1N1 or 1N2) and boxes (4N), as appropriate. This
authorization would not include chlorosilanes under Sec.  173.206
because of corrosion concerns. Otherwise, it authorizes the use of
closed head drums where open head drums are generally permitted. PHMSA
believes these amendments would provide greater flexibility in
packaging while maintaining an equivalent level of safety.
    Consistent with amendments adopted by the ICAO Technical
Instructions, PHMSA proposes to adopt changes in various sections on
Part 173 where certain articles, items, and materials are excepted from
the requirements of the subchapter. There is a potential for these
excepted articles, items, and materials to be inappropriately carried
aboard an aircraft by passengers or crewmembers. The proposed changes
will address this concern by clarifying that certain excepted articles,
items and materials, identified by ICAO as posing a safety risk, must
be transported as cargo and cannot be carried onboard an aircraft by
passengers or crewmembers as carry-on baggage, checked baggage, or on
their person unless specifically excepted by Sec.  175.10, ``Exceptions
for Passengers, Crewmembers, and Air Operators.'' The amended sections
include Sec. Sec.  173.21, 173.159a, 173.162, 173.164, 173.175,
173.219, and 173.306. For UN3166 and UN3268, Special Provision A200
will be created to communicate this requirement and a reference to
special provision A200 would be placed in column 7 of the HMT for these
entries.

Section 173.12

    This section specifies the exceptions for shipment of waste
materials including the requirements for waste packages known as ``lab
packs.'' A lab pack, although not specifically defined in Sec.  171.8,
is considered a large outer packaging containing small inner packagings
that are filled with various compatible laboratory hazardous wastes.
Paragraph (b) of this section specifies the authorized inner and outer
packagings for lab packs.
    In this NPRM, PHMSA proposes to revise paragraph (b)(2)(ii)(a) of
this section by adding 1N2 metal drums to the permitted outer
packagings currently authorized for a lab pack.

Section 173.21

    Section 173.21 prescribes materials and packages forbidden for
transport. In this NPRM, PHMSA is proposing to correct the IMDG Code
section reference to control temperature requirements in Sec.
173.21(f)(3)(ii) from 7.7 to 7.3.7.

Section 173.37

    Currently, the HMR does not include a section that prescribes
general requirements for packaging hazardous materials in Flexible Bulk
Containers (FBCs). In this NPRM, PHMSA is proposing such requirements
in new Sec.  173.37 in a similar format to the general requirements for
other bulk and large packagings (e.g., portable tanks, IBCs, etc.) in
subpart B of part 173. This section will include, but not be limited
to, requirements addressing the initial use and reuse of FBCs, capacity
requirements and general transport conditions. Consistent with the use
and reuse requirements of other large and bulk packagings, the general
requirements in part 173 complement the construction and manufacture
specifications for such bulk packagings in part 178 of the HMR.
    In this NPRM, PHMSA is proposing that FBCs may be reused, and must
be given a visual examination prior to reuse. Furthermore, the general
requirements for FBCs would specify that FBCs must be transported in a
conveyance with rigid sides and ends that extend at least two-thirds
the height of the FBC, must not be offered for transportation in
freight containers, and may not exceed 15 cubic meters in capacity.

Section 173.50

    Section 173.50 provides definitions for the various divisions of
Class 1 (explosives) referenced in Subpart C of Part 173. Paragraph (b)
of this section notes that Class 1 (explosives) are divided into six
divisions. Division 1.6 is described as an explosive consisting ``of
extremely insensitive articles that do not have a mass explosive
hazard. This division is comprised of articles that contain only
extremely insensitive detonating substances and that demonstrate a
negligible probability of accidental initiation or propagation.''
    In this NPRM PHMSA is proposing to remove the word ``detonating''
from this definition to align with the revised definition provided in
the 17th Revised Edition of the UN Model Regulations.

Section 173.59

    Section 173.59 provides definitions of explosive terms related to
the transport and classification of explosives used throughout subpart
C of part 173. These

definitions are intended for information only and are not to be used
for purposes of classification or to replace proper shipping names
prescribed in Sec.  172.101. In the UN Model Regulations, Appendix B to
Chapter 3 contains a similar list of explosive definitions which are
also intended for information only and are not to be used for purposes
of hazard classification.
    In April 2010, the United States and the United Kingdom submitted a
formal document regarding proposed modifications to the UN test series
7 for consideration by the UN Subcommittee of Experts on the Transport
of Dangerous Goods. Test series 7 is used to classify explosives into
the appropriate class.\2\ This paper sought to modify the test series 7
to more accurately address the classification of Division 1.6.
Specifically, Division 1.6 is for extremely insensitive detonating
articles and the proposed changes in the US/UK paper are designed to
ensure that the probability of accidental initiation or propagation of
an article attaining this division remains negligible.
---------------------------------------------------------------------------

    \2\ The scientific data regarding the adoption of these
modifications are presented in working paper ST/SG/AC.10/C.3/2010/40
entitled ``Proposed modifications to Test Series 7.'' This paper can
be viewed at the following URL: http://www.unece.org/fileadmin/DAM/trans/doc/2010/ac10c3/ST-SG-AC10-C3-2010-40e.pdf.
---------------------------------------------------------------------------

    In the 17th Revised Edition of the UN Model Regulations, the
proposals presented in the US/UK paper regarding the UN test series 7
were adopted. Among the adopted proposals was the addition of various
explosive specific definitions referencing the modifications to the UN
test series 7. In this NPRM, we are proposing to revise the various
definitions prescribed in Sec.  173.59. Specifically, we propose
revising the definition for ``Articles, explosive, extremely
insensitive (Articles, EEI)'' by removing the word ``detonating'' and
adding the words ``tools'' after ``starter pistols'' in the definition
for ``Cartridges, blank.'' We also propose to replace the definition
for ``Explosive, extremely insensitive detonating substances (EIDS)''
with a new definition for ``Explosive, extremely insensitive substances
(EIS).'' Lastly, we propose to add a definition for ``Auxiliary
explosive component, isolated.'' The addition of and revisions to these
definitions will provide consistency with international regulations and
clarity when utilizing the UN test series 7 for explosive
classification.

Section 173.62

    Section 173.62 prescribes the specific packaging requirements for
explosives. These packaging requirements stipulate the permitted inner,
intermediate, and outer packagings as well as any specific additional
packaging information. These packaging requirements are generally
aligned with the requirements stipulated in the UN Model Regulations.
    In this NPRM, PHMSA is proposing to revise various packaging
provisions in the ``Table of Packing Methods'' in this section to align
with changes adopted in the 17th Revised Edition of the UN Model
Regulations. The revisions to the authorized packaging methods provide
greater flexibility when packaging explosives while retaining an
appropriate level of safety. These changes include, but are not limited
to, permitting various explosives to be transported in closed head
drums in addition to the already permitted removable head drums and
adding the option to utilize wooden inner and intermediate packagings
in various packaging provisions.

Section 173.63

    Section 173.63 provides packaging exceptions for specific types of
low hazard explosive materials including certain detonators, small arms
ammunition and detonating cord. Paragraph (b) of this section
prescribes the limited quantity requirements for small arms ammunition
and blank cartridges for tools. Specifically, Sec.  173.63(b)(1)(i)
authorizes Cartridges, small arms (UN0012), and Cartridges for tools,
blank used to project fastening devices (UN0014), classed as Division
1.4S explosive articles, to be offered for transportation and
transported as limited quantity material when packaged in accordance
with Sec.  173.63(b)(2) and marked as prescribed in Sec.  172.315(a) or
(b) for transportation by all modes.

Section 173.115

    Section 173.115 prescribes the definitions for Class 2 materials.
Paragraph (k) of this section specifies how the oxidizing ability of
certain Division 2.2 gases is determined. Currently, the HMR references
ISO standards that include test and calculations used to determine the
oxidizing ability of certain Division 2.2 gases. The UN Model
Regulations and the ICAO Technical Instructions replace references to
ISO standards 10156:1996 and 10156-2:2005 with the updated version ISO
10156:2010.
    Based on its technical review, PHMSA believes the updated standard
provides an adequate level of safety and proposes to reference the
standard in this section and add it to the list of IBR materials in
Sec.  171.7.

Section 173.121

    Section 173.121 prescribes the requirements for selection of
packing groups for Class 3 flammable liquids. Paragraph (b) of this
section describes the criteria for inclusion of viscous Class 3
materials in Packing Group III.
    ICAO adopted requirements in the Technical Instructions that
increased the quantity of viscous Class 3 flammable liquids permitted
reclassification from Packing Group II to Packing Group III from 30 L
(7.9 gal) per package to 100 L (26.42 gal) per package when offered for
transport by cargo aircraft.
    In this NPRM, PHMSA proposes to expand the per package amounts of
viscous Class 3 material meeting the requirements in Sec.  173.121(b).
The increase will facilitate multi-modal transportation by permitting
shipments offered by highway, rail, and cargo-carrying aircraft to
utilize the same 100 L criteria.

Section 173.134

    Provisions contained in the UN Model Regulations, Chapter 2.6,
Class 6--Toxic and Infectious Substances, relating to the
transportation of medical devices and equipment, have been amended to
except medical equipment which has been drained of free liquid from the
requirements of the UN Model Regulations. In addition, except for
medical devices or equipment being transported for disposal, or medical
devices or equipment contaminated with or suspected of contamination
with a Category A infectious substance, the UN Model Regulations have
been amended to exempt medical devices or equipment potentially
contaminated with or containing infectious substances which are being
transported for disinfection, cleaning, sterilization, repair or
equipment evaluation from all other requirements of the UN Model
Regulations, provided they meet certain packaging requirements.
    In this NPRM, PHMSA proposes to amend Sec.  173.134, ``Class 6,
Division 6.2--Definitions and Exceptions'' by adopting the additional
exemptions for medical devices and equipment.

Section 173.158

    Section 173.158 prescribes packaging requirements for nitric acid
mixtures of varying concentrations. In this NPRM, PHMSA is proposing to
revise the list of outer packagings permitted for nitric acid mixtures
of varying concentrations.

    Specifically, PHMSA proposes to revise paragraph (d)(2) by adding
1N2, 4A, 4B and 4N packagings to the list of authorized outer
packagings of combination packages for nitric acid of 90 percent or
greater concentration, when offered for transportation or transported
by rail, highway, or water, in addition to the packaging options
currently authorized.
    PHMSA also proposes to revise paragraph (e) of this section
pertaining to nitric acid of less than 90 percent concentration, when
offered for transportation or transported by rail, highway, or water.
Specifically, this paragraph is revised to permit packagings of
specification 4A, 4B, or 4N metal boxes for certain nitric acid
concentrations.
    Further, PHMSA proposes to revise paragraphs (f)(3), (g) and (h) by
adding specification 1N2, 4A, 4B and 4N packagings to the list of
authorized outer packagings of combination packagings for nitric acid
of the following concentrations: (1) Nitric acid of 70 percent or less
concentration, when offered for transportation or transported by rail,
highway, or water; (2) Nitric acid of more than 70 percent
concentration, when offered for transportation or transported by cargo
aircraft only; and (3) Nitric acid of less than 70 percent
concentration, when offered for transportation in cargo aircraft only.
    The addition of these packaging options will increase flexibility
for shippers when determining the appropriate packaging for nitric acid
mixtures, in addition to the packaging options currently authorized.

Section 173.159a

    Section 173.159a provides exceptions for non-spillable batteries.
Paragraph (d) of this section excepts non-spillable batteries from the
requirements of the HMR provided certain criteria, including specific
packaging requirements and the absence of free-flowing liquid in the
battery, are met.
    In this NPRM, PHMSA is proposing to clarify paragraph (d) of this
section by adding a new subparagraph (b)(3) stating that ``for
transport by aircraft, must be transported as cargo.'' This
clarification will align the HMR with the previously discussed changes
made to the ICAO TI with regard to the air transport of non-spillable
batteries that are excepted from the HMR.

Section 173.160

    Section 173.160 prescribes packaging requirements for ``Bombs,
smoke, non-explosive'' when shipped without ignition devices. In this
NPRM, PHMSA is proposing to revise the list of packagings permitted for
``Bombs, smoke, non-explosive'' shipped without ignition devices.
Specifically, PHMSA proposes to add the authorization to use metal (4A,
4B, and 4N), fiberboard (4G) or solid plastic (4H2) boxes, or metal
(1A2, 1B2, and 1N2), plastic (1H2), plywood (1D), or fiber (1G) drums.

Section 173.162

    Section 173.162 prescribes the packaging requirements for ``UN2803,
Gallium.'' In this NPRM, PHMSA proposes to revise paragraph (a)(1),
which authorized combination packagings intended to contain liquids
consisting of glass, earthenware, or rigid plastic inner packagings
with a maximum net mass of 15 kg (33 pounds) each. Specifically, PHMSA
proposes to revise these requirements to permit both open and closed
steel, metal, other that steel and aluminium drums (1A1, 1N1, 1N2, 1H1,
3A2 or 3H2) in addition to the packaging options currently authorized.
    Further, PHMSA proposes to revise paragraph (a)(2), which
authorizes packagings intended to contain liquids consisting of semi-
rigid plastic inner packagings of not more than 2.5 kg (5.5 pounds) net
capacity each, individually enclosed in a sealed, leak-tight bag of
strong puncture-resistant material. Specifically, PHMSA proposes to
revise these requirements to permit metal, other than steel or
aluminium (4N) boxes; metal, other than steel or aluminium drums (1N1,
1N2); and plastic drums (1H1 or 1H2) in addition to the packaging
options currently authorized.
    In addition, PHMSA is proposing to clarify paragraph (d) by adding
a new subparagraph (b)(3) stating that ``for transport by aircraft,
must be transported as cargo.'' This clarification will align the HMR
with the previously discussed changes adopted in the ICAO Technical
Instructions regarding the air transport of gallium otherwise excepted
from the HMR.

Section 173.164

    Section 173.164 prescribes the packaging requirements for mercury
(metallic and articles containing mercury). In this NPRM, PHMSA
proposes to revise paragraph (a)(1), which authorized inner packagings
of earthenware, glass or plastic containing not more than 3.5 kg (7.7
pounds) of mercury, or inner packagings that are glass ampoules
containing not more than 0.5 kg (1.1 pounds) of mercury, or iron or
steel quicksilver flasks containing not more than 35 kg (77 pounds) of
mercury. Specifically, PHMSA proposes to revise these requirements to
permit steel drums; metal, other that steel and aluminum drums (1A1,
1N1, 1N2) and metal, other than steel or aluminum boxes (4N), in
addition to the packaging options currently authorized in paragraphs
(a), (b) and (c).
    Paragraph (f) is added to provide an exception to the requirements
of the HMR for vessel transport of manufactured articles or instruments
containing less than 0.45 kg (1.0 pound) of mercury. This exception is
inserted to mirror an existing IMDG Code provision and harmonize the
requirements for vessel shipments of mercury contained in manufactured
articles as much as possible.
    In addition, PHMSA is proposing to clarify paragraphs (a)(5), (b),
and (c)(2) of this section by adding the phrase ``when transported as
cargo.'' This clarification will align the HMR with the previously
discussed changes adopted in the ICAO Technical Instructions regarding
the air transport of manufactured articles containing mercury otherwise
excepted from the HMR.

Section 173.165

    Section 173.165 prescribes the transport and packaging requirements
for polyester resin kits. In this NPRM, PHMSA is proposing to revise
Sec.  173.165 to better align the packaging and other requirements for
UN3269, Polyester resin kits with the various international modal
standards. These proposed amendments are also intended to correct
inconsistencies adopted in a final rule published in the Federal
Register on January 19, 2011 (76 FR 3308; HM-215K).

Section 173.175

    Section 173.175 prescribes the transport and packaging requirements
for permeation devices. Currently, permeation devices containing
hazardous materials that are used for calibrating air quality
monitoring devices are not subject to the HMR provided they meet
specific requirements that include packaging, quantity limitations,
testing, and transport controls.
    In this NPRM, PHMSA is proposing to add a new paragraph (g) stating
that ``for transport by aircraft, must be transported as cargo.'' This
clarification will align the HMR with changes adopted in the ICAO
Technical Instructions regarding the air transport of permeation
devices that are otherwise excepted from the HMR.

Section 173.176

    Electric double layer capacitors are devices that store but do not
produce electrical energy. They contribute to increased fuel efficiency
in many alternative energy solutions such as hybrid vehicles. Some
double layer capacitors contain flammable liquid absorbed in a solid
with small amounts present as free liquid while others use a liquid
electrolyte. Currently, the HMR do not contain specific requirements to
address the transport of electric double layer capacitors.
    New Section 173.176 addresses electric double layer capacitors and
is proposed in this NPRM. If adopted, the section would prescribe the
testing, marking, safety, and packaging requirements for electric
double layer capacitors with an energy storage capacity greater than
0.3 Wh. PHMSA proposes to incorporate these requirements consistent
with the 17th Revised Edition of the UN Model Regulations. The proposed
amendments in this NPRM address potential electrical and other hazards
arising from the release of hazardous materials during the
transportation of these articles.

Section 173.181

    Section 173.181 prescribes the non-bulk packaging requirements
applicable to pyrophoric liquids. Paragraph (b) of this section
specifies the specification boxes authorized to package these
substances. In this NPRM, PHMSA proposes to revise paragraph (b) by
adding packaging authorizations for steel boxes (4A), aluminum boxes
(4B), metal boxes, other than steel or aluminum (4N), or fiberboard
boxes (4G); steel drums (1A1 or 1A2), aluminum drums (1B1 or 1B2),
metal drums, other than steel or aluminum (1N1 or 1N2), plywood drums
(1D), or fiber drums (1G); or steel jerricans (3A1 or 3A2) or aluminum
jerricans (3B1 or 3B2).

Section 173.183

    Section 173.183 prescribes the packaging requirements for
nitrocellulose base film. To provide greater flexibility in packaging
selection, PHMSA proposes to add packaging options to the list
currently permitted for nitrocellulose base film. Specifically, in this
NPRM, PHMSA proposes to add other metal drums (4A2), aluminum jerricans
(3B2), and steel, aluminum or other metal (4A, 4B, 4N) boxes, to the
list of authorized packagings.

Section 173.184

    Section 173.184 provides the definition and packaging requirements
for highway or rail fusees. To provide greater flexibility in packaging
selection, PHMSA proposes to add packaging options to the list
permitted for highway or rail fusee.
    Specifically, in this NPRM, PHMSA proposes to add steel (1A2),
aluminum (1B2) or other metal (1N2) drums; steel (3A2) or aluminum
(3B2) jerricans; and steel (4A), aluminum (4B) or other metal (4N)
boxes, to the list of authorized packagings.

Section 173.186

    Section 173.186 provides definitions and packaging requirements for
various types of matches. To provide greater flexibility in packaging
selection, PHMSA proposes to add packaging options to the list
permitted for strike-anywhere matches specified in paragraph (f) of
this section. Specifically, in this NPRM, PHMSA proposes to add steel
drums (1A1 or 1A2), aluminum drums (1B1 or 1B2), other metal drums
(1N1, 1N2), steel jerricans (3A1, 3A2), aluminum jerricans (3B1, 3B2),
steel (4A), aluminum (4N) and other metal (4N) boxes, to the list of
authorized packagings.

Section 173.187

    Section 173.187 prescribes the packaging requirements for
pyrophoric solids, metals or alloys, n.o.s. To provide greater
flexibility in packaging selection, PHMSA proposes to add packaging
options to the list permitted for pyrophoric solids, metals or alloys,
n.o.s. specified in paragraph (a) and (d) of this section.
Specifically, in this NPRM, PHMSA proposes to add steel, aluminum or
other metal boxes (4A, 4B or 4N), to the list of authorized packagings
in paragraph (a). In addition, PHMSA proposes to add steel, aluminum or
other metal drums (1A1, 1A2, 1B1, 1B2, 1N1 or 1N2) to the list of
authorized packagings in paragraph (d).

Section 173.188

    Section 173.187 prescribes the packaging requirements for white and
yellow phosphorus. To provide greater flexibility in packaging
selection, PHMSA proposes to add packaging options to the list
permitted for white and yellow phosphorus specified in paragraphs
(a)(1) and (a)(2) of this section. Specifically, in this NPRM, PHMSA
proposes to add steel, aluminum or other metal boxes (4A, 4B or 4N), to
the list of authorized packagings in paragraph (a)(1). In addition,
PHMSA proposes to add steel, aluminum or other metal drums (1A1, 1B1 or
1N1) not over 250 L (66 gallons) capacity each and steel, aluminum or
other metal drums (1A2, 1B2, or 1N2) not over 115 L (30 gallons)
capacity each, to the list of authorized packagings in paragraph
(a)(2).

Section 173.189

    Section 173.189 prescribes the packaging and transport requirements
for batteries containing sodium or cells containing sodium. To provide
greater flexibility in packaging selection, PHMSA proposes to add
packaging options to the list permitted for batteries containing sodium
or cells containing sodium specified in paragraph (b) of this section.
Specifically, in this NPRM, PHMSA proposes to add 1N2, 4A, 4B, 4N, 4H1,
3A2, 3B3 and 3H2 outer packagings to the list of authorized outer
packagings in paragraph (b).

Section 173.193

    Section 173.193 prescribes the packaging requirements for
bromoacetone, methyl bromide, chloropicrin and methyl bromide or methyl
chloride mixtures. To provide greater flexibility in packaging
selection, PHMSA proposes to add packaging options to this list
permitted for bromoacetone, methyl bromide, chloropicrin and methyl
bromide or methyl chloride mixtures specified in paragraph (a) of this
section. Specifically, in this NPRM, PHMSA proposes to add metal boxes
(4A, 4B or 4N) to the list of authorized outer packagings in paragraph
(a).

Section 173.194

    Section 173.194 prescribes the packaging requirements for gas
identification sets. To provide greater flexibility in packaging
selection, PHMSA proposes to add packaging options to the list
permitted for gas identification sets specified in paragraphs (b)(1)
and (b)(2) of this section. Specifically, in this NPRM, PHMSA proposes
to add metal boxes (4A, 4B or 4N) to the list of authorized outer
packagings in paragraphs (b)(1) and (b)(2).

Section 173.196

    Section 173.196 prescribes the packaging requirements for Category
A infectious substances. To provide greater flexibility in packaging
selection, PHMSA proposes to add packaging options to the list
permitted for category A infectious substances specified in paragraph
(a)(3) of this section. Specifically, in this NPRM, PHMSA proposes to
add drums (1A1, 1A2, 1B1, 1B2, 1N1, 1N2, 1H1, 1H2, 1D, 1G); boxes (4A,
4B, 4N, 4C1, 4C2, 4D, 4F, 4G, 4H1, 4H2); or jerricans (3A1, 3A2, 3B1,

3B2, 3H1, 3H2) as examples of the types of authorized ``rigid outer
packaging'' referenced in paragraph (a)(3).

Section 173.199

    Section 173.199 prescribes the packaging requirements for category
B infectious substances. Paragraph (d) of this section provides the
requirements for refrigerated or frozen specimens in ice, dry ice or
liquid nitrogen. These provisions include the requirement to secure
secondary packages.
    Consistent with an editorial amendment to Packing Instruction P650
in the 17th Revised Edition of the UN Model Regulations, in this NPRM,
PHMSA proposes to remove the language ``position after the ice or dry
ice has dissipated'' from the requirements to secure secondary
packages.

Section 173.201

    Section 173.201 prescribes the authorized non-bulk packagings for
liquid hazardous materials in packing group I. To provide greater
flexibility in packaging selection, PHMSA proposes to add packaging
options to the list permitted for non-bulk packagings used to package
liquid hazardous materials in packing group I indicated in paragraph
(b). Specifically, in this NPRM, PHMSA proposes to add ``Metal box
other than steel or aluminum: 4N'' to authorized outer packagings of
combination packagings listed in paragraph (b) of this section.

Section 173.202

    Section 173.202 prescribes the authorized non-bulk packagings for
liquid hazardous materials in packing group II. To provide greater
flexibility in packaging selection, PHMSA proposes to add packaging
options to the list permitted for non-bulk packagings used to package
liquid hazardous materials in packing group II specified in paragraph
(b). Specifically, in this NPRM, PHMSA proposes to add ``Metal box
other than steel or aluminum: 4N'' to the authorized outer packagings
of combination packagings indicated in paragraph (b).

Section 173.203

    Section 173.203 prescribes the authorized non-bulk packagings for
liquid hazardous materials in packing group III. To provide greater
flexibility in packaging selection, PHMSA proposes to add packaging
options to the list permitted for non-bulk packagings used to package
liquid hazardous materials in packing group III specified in paragraph
(b). Specifically, in this NPRM, PHMSA proposes to add ``Metal box
other than steel or aluminum: 4N'' to the authorized outer packagings
of combination packagings indicated in paragraph (b).

Section 173.211

    Section 173.211 prescribes the authorized non-bulk packagings for
hazardous materials in packing group I. To provide greater flexibility
in packaging selection, PHMSA proposes to add packaging options to the
list permitted for non-bulk packagings used to package hazardous
materials in packing group I specified in paragraphs (b) and (c).
Specifically, in this NPRM, PHMSA proposes to add ``Metal box other
than steel or aluminum: 4N'' to the authorized outer packagings of
combination packagings indicated in paragraph (b) and the single
packagings authorized in paragraph (c).

Section 173.212

    Section 173.212 prescribes the authorized non-bulk packagings for
hazardous materials in packing group II. To provide greater flexibility
in packaging selection, PHMSA proposes to add packaging options to the
list permitted for non-bulk packagings used to package hazardous
materials in packing group II specified in paragraphs (b) and (c).
Specifically, in this NPRM, PHMSA proposes to add ``Metal box other
than steel or aluminum: 4N'' to authorized outer packagings of
combination packagings indicated in paragraph (b). Further, PHMSA
proposes to add ``Metal box other than steel or aluminum: 4N'' and
``Metal box other than steel or aluminum with liner: 4N'' to authorized
single packagings permitted in paragraph (c) of this section.

Section 173.213

    Section 173.213 prescribes the authorized non-bulk packagings for
hazardous materials in packing group III. To provide greater
flexibility in packaging selection, PHMSA proposes to add packaging
options to the list permitted for non-bulk packagings used to package
hazardous materials in packing group III specified in paragraphs (b)
and (c). Specifically, in this NPRM, PHMSA proposes to add ``Metal box
other than steel or aluminum: 4N'' to the authorized outer packagings
of combination packagings indicated in paragraph (b). Further, PHMSA
proposes to add ``Metal box other than steel or aluminum: 4N'' and
``Metal box other than steel or aluminum with liner: 4N'' to the single
packagings authorized in paragraph (c).

Section 173.219

    Section 173.219 prescribes the transport conditions and packaging
requirements for life saving appliances. Paragraph (b) of this section
provides a list of hazardous materials that a life-saving appliance is
permitted to contain as well as other transport requirements.
Currently, the transport conditions specified in paragraph (b)(1) of
this section specify that Division 2.2 compressed gases, including
oxygen are permitted; however, oxygen generators are not. In this NPRM,
PHMSA proposes to broaden the materials permitted in life-saving
appliances by modifying paragraph (b)(1) to include liquefied gases as
well.
    Paragraph (c) of this section prescribes the packaging requirements
and exceptions provided for life saving appliances. Subsequent changes
are proposed to paragraph (c)(1) of this section to reflect this
inclusion of liquefied gases discussed previously. Furthermore,
paragraph (c)(5) currently states that, for other than transportation
by aircraft, life-saving appliances containing no hazardous materials
other than carbon dioxide with a capacity not exceeding 100 cm\3\ are
not subject to the provisions of this subchapter provided they are
overpacked in rigid outer packagings with a maximum gross mass of 40
kg. In this NPRM, PHMSA is proposing to revise the exception in (c)(5)
by replacing the language ``carbon dioxide'' with ``cylinders of
Division 2.2 compressed or liquefied gases with no subsidiary risk,''
and the quantity limit ``100 cm\3\ with ``120 ml, installed solely for
the purpose of activating the appliance.''
    In addition, PHMSA proposes to further clarify paragraph (c)(5) of
this section by adding the statement, ``For transportation by aircraft,
such appliances must be transported as cargo.'' This clarification
aligns the HMR with the recently adopted changes in the ICAO Technical
Instructions regarding the air transport of life saving appliances that
would otherwise be excepted from the HMR.

Section 173.221

    Section 173.221 prescribes the non-bulk packaging requirements for
Polymeric beads (or granules), expandable, evolving flammable vapor and
Plastic molding compound in dough, sheet or extruded rope form,
evolving flammable vapor. In this NPRM, PHMSA is proposing to add the
following packaging authorizations; metal (4A, 4B, or 4N), and plastic
(4H1 or 4H2) drums, and 1N1, 1N2 drums in vapor tight metal or plastic
jerricans

(3A1, 3A2, 3B1, 3B2, 3H1, or 3H2). PHMSA is also proposing to add a
paragraph to the section that will reference the reader to a newly
created Sec.  176.907 for cargo transport and hazard communication
marking requirements for shipments of Polymeric beads expandable,
evolving flammable vapor and Plastic molding compound in dough, sheet
or extruded rope form, evolving flammable vapor when transported by
vessel. These changes are proposed to address the safety hazard
presented by shipments of polymeric beads or plastic molding compounds
off-gassing flammable vapors during vessel transport. See Section
176.907 for a detailed discussion of our proposed addition of these
vessel cargo transport requirements.

Section 173.225

    Section 173.225 prescribes the packaging requirements and other
provisions for organic peroxides. Packaging requirements for organic
peroxides are very specific and include requirements for the
concentration by mass permitted, diluents percentage, water mass,
temperature controls and organic peroxide specific packing methods.
    Paragraph (c) of this section contains and describes the organic
peroxide table and how specific organic peroxides are to be
transported. In addition, paragraph (e) contains a separate table that
prescribes the packaging requirements for organic peroxides packaged in
IBCs. As self-insulating hazardous materials, organic peroxides can
pose different risks when transported in larger quantities. Thus, a
separate table unique to the transport of these substances in IBCs is
contained in the HMR. The ``Organic Peroxide IBC Table'' includes
maximum quantities permitted to be packaged and any temperature and
emergency controls.
    The organic peroxides tables in paragraphs (c) and (e) specify by
technical name those organic peroxides that are authorized for
transportation and not subject to the approval provisions of Sec.
173.128. An organic peroxide identified by technical name is authorized
for transportation only if it conforms to all applicable provisions of
these tables. In this NPRM, we are proposing to amend the Organic
Peroxides Tables in Sec.  173.225 by adding new entries and revising
current entries to account for new organic peroxides and formulations
that are commercially available.
    The following entries are added in the Sec.  173.225(c) organic
peroxides table:

UN3106, ``([3R-(3R,5aS,6S,8aS,9R,10R,12S,12aR**)]-Decahydro-10methoxy-
3,6,9-trimethyl-3,12-epoxy-12H-pyrano[4,3-j]-1,2-benzodioxepin)''
UN3110, ``3,6,9-Triethyl-3,6,9-trimethyl-1,4,7-triperoxonane''
UN3119, ``Di-(3,5,5-trimethylhexanoyl) peroxide''

    The following current entries in the Sec.  173.225(c) organic
peroxides table are amended:

UN3115, ``Diisopropyl peroxydicarbonate''
UN3115, ``Di-(3,5,5-trimethylhexanoyl) peroxide''

    The following entries are added to the Sec.  173.225(e) Organic
Peroxide IBC Table:

UN3119 ``Diisobutyryl peroxide, not more than 28% as a stable
dispersion in water''
UN3119, ``Diisobutyryl peroxide, not more than 42% as a stable
dispersion in water''

    The following entries are amended in the Sec.  173.225(e) Organic
Peroxide IBC Table:

UN3119 ``Di-(3,5,5-trimethylhexanoyl) peroxide, not more than 38% in
diluent type A''
UN3119 ``1,1,3,3-Tetramethylbutyl peroxyneodecanoate, not more than
52%, stable dispersion, in water''

Section 173.226

    Section 173.226 prescribes the packaging requirements for Materials
poisonous by inhalation, Division 6.1, Packing Group I, Hazard Zone A.
Specifically, this section authorizes the transport of Materials
poisonous by inhalation, Division 6.1, Packing Group I, Hazard Zone A
in specification cylinders, specification drums packaged further in
specification drums and combination packages. In this NPRM, PHMSA
proposes to revise the requirements of paragraph (c) by adding an
authorization to package such materials in ``Metal box other than steel
or aluminum: 4N'' drums. In addition, PHMSA is correcting an editorial
error by replacing the incorrect wording ``Expanded plastic box: 4H2''
with the correct wording ``Expanded plastic box: 4H1.''

Section 173.230

    Section 173.230 prescribes the transport requirements for fuel cell
cartridges containing hazardous material. Paragraph (e) of this section
prescribes the packaging requirements for fuel cell cartridges
containing hazardous material. Furthermore, paragraph (e)(2)(ii) notes
that ``Fuel cell cartridges contained in equipment must be protected
against short circuits and the entire fuel cell system must be
protected from unintentional activation. The equipment must be securely
cushioned in the outer packaging.'' As currently stated in the HMR,
this requirement may imply that only fuel cell cartridges contained in
equipment, not the fuel cell system, would have to be protected against
short circuits. This is not the intent of this requirement. Therefore,
in this NPRM, PHMSA is proposing to clarify that the entire fuel cell
system must be protected against short circuits and unintentional
activation.

Section 173.240

    Section 173.240 prescribes the bulk packagings authorized for
certain low hazard solid materials. As discussed previously in this
NPRM, PHMSA is proposing the adoption of flexible bulk container
provisions throughout the HMR.
    In this section, PHMSA proposes to add paragraph (f) that
authorizes the use of FBCs for certain low hazard solid materials.
Specifically, paragraph (f) will permit the use of FBCs if B120 is
indicated in Column (7) of the specific entry in Sec.  172.101 HMT and
the FBC conforms to the requirements in subparts R and S of part 178 of
the HMR. Furthermore, paragraph (f) notes that FBCs may not be used for
Packing Group I or II hazardous materials. Only select low hazard solid
materials are authorized for transport in FBCs. The use of FBCs for the
transportation of an HMT entry not assigned special provision B120 is
prohibited.

Section 173.306

    Section 173.306 prescribes the exceptions for limited quantities of
compressed gases including aerosols. Paragraph (a) of this section
prescribes the general requirements for limited quantities of
compressed gases while paragraph (j) specifically addresses aerosols
and receptacles small, containing gas, with a capacity of less than 50
mL.
    In this NPRM, PHMSA proposes to revise paragraph (j) to note that
aerosols conforming to this paragraph, when offered for transportation
by air, must be transported as cargo unless specifically authorized for
transport in checked or carry-on baggage. This clarification will align
the HMR with the previously discussed changes adopted in the ICAO
Technical Instructions regarding the air transport of aerosols that are
otherwise excepted from the HMR.

Section 173.313

    Section 173.313 contains instructions for UN portable tanks and the
table for

liquefied compressed gases. The UN Portable Tank Table for Liquefied
Compressed Gases is referenced in Sec.  172.102(c)(7)(iii) of the HMR
for portable tanks used to transport liquefied compressed gases.
    Chemical manufacturers throughout the world are currently supplying
pressurized products contained and transported in gas cylinders. The
products are liquids or solids such as adhesives, coatings and cleaners
combined with a gas or gas mixtures in pressure receptacles under
sufficient pressure to expel the contents. These mixtures are typically
expelled from the pressurized receptacles as foams, streams or thick
sprays. Under the current HMR these types of products are classified as
liquefied gases and transported in accordance with the applicable
sections for the liquefied gases in which they are classified. A
typical product however is a combination of a propellant (gas phase)
and a liquid or solid component, and therefore the term liquefied gas
does not correctly reflect the contents. As they are not filled in
aerosol dispensers and as the receptacles used exceed the volume
limitations for aerosols, they may not be transported as aerosols. The
United Nations Sub-Committee of experts on the Transportation of
Dangerous goods agreed to create new entries (UN numbers) for these
products to address their unique characteristics and corresponding
regulations to address the safe transport of such materials.
    In this NPRM we are proposing the adoption of entries in the HMT
for various chemicals under pressure and the corresponding packaging
provisions. In this NPRM, we propose to modify Sec.  173.313 to include
the packaging requirements for chemicals under pressure transported in
portable tanks. Specifically, we propose to revise the section title,
introductory test, and table name to reflect that chemicals under
pressure are addressed in this section. We also propose to add table
entries for identification numbers UN3500, UN3501, UN3502, UN3503,
UN3504 and UN3505. Lastly, we propose to correct the maximum filling
density for UN3220.
    The addition of packaging requirements specific to chemicals under
pressure will ensure that an appropriate level of safety is achieved
for these unique materials. PHMSA participated in, and concurs with,
the discussions and decisions regarding the packagings selected for
these materials. The packagings adopted by the UN, ICAO and IMO provide
an appropriate level of safety for these materials and, thus, PHMSA
proposes adopting similar packagings in the HMR. Furthermore, aligning
with international packaging standards will facilitate the movement of
these materials both domestically and internationally.

Section 173.316

    Section 173.316 provides the requirements for cryogenic liquids
contained in cylinders. Specifically, the HMR requires each cylinder
containing cryogenic liquids be equipped with one or more pressure
relief devices.
    PHMSA proposes to revise Sec.  173.316, ``Cryogenic Liquids in
Cylinders'' to include a requirement consistent with the UN Model
Regulations that all pressure relief device inlets must under maximum
filling conditions be situated in the vapor space of the closed
cryogenic receptacle and the devices must be so arranged as to ensure
that the escaping vapor is discharged unobstructed.
    This requirement would enhance safety by assisting in the proper
function of the pressure release devices. Further, it would prevent
unsafe conditions in transport if the liquid form of the gas were
released through the pressure release device. For instance, if the gas
released is a Division 2.1 (flammable) gas or a Division 2.3
(poisonous) gas, it would reduce the opportunity for the released
liquid form of the gas to create an asphyxiant environment through the
rapid displacement of the normal concentration of oxygen in the
breathable atmosphere. Finally, it would reduce the potential of
released cryogenic oxygen in liquid form to create an oxygen enriched
atmosphere that may explosively combust.

Section 173.318

    Section 173.318 provides the requirements for cryogenic liquids
contained in cargo tanks. Specifically, the HMR requires each cargo
tanks containing cryogenic liquids be equipped with one or more
pressure relief devices.
    PHMSA proposes to revise Sec.  173.318, ``Cryogenic Liquids in
Cargo Tanks'' to include a requirement consistent with the UN Model
Regulations that all pressure relief device inlets shall under maximum
filling conditions be situated in the vapor space of the closed
cryogenic receptacle and the devices shall be so arranged as to ensure
that the escaping vapor is discharged unobstructed.
    This requirement would enhance safety by assisting in the proper
function of the pressure release devices. Further, it would prevent
unsafe conditions in transport if the liquid form of the gas were
released through the pressure release device. For instance, if the gas
released is a Division 2.1 (flammable) gas or a Division 2.3
(poisonous) gas, it would reduce the opportunity for the released
liquid form of the gas to create an asphyxiant environment through the
rapid displacement of the normal concentration of oxygen in the
breathable atmosphere. Finally it would reduce the chance of released
cryogenic oxygen in liquid form creating an oxygen enriched atmosphere
that may explosively combust.

Section 173.335

    Section 173.335 is created to provide packaging requirements for
new HMT entries ``Chemical under pressure n.o.s.'' Specifically, PHMSA
is proposing the transport requirements, filling limits, minimum
service pressure, and periodic inspection requirements for cylinders
utilized for shipments of chemical under pressure n.o.s.
    Cylinders used to ship chemical under pressure n.o.s. must be
authorized UN or DOT cylinders for the propellant and otherwise conform
to the applicable requirements of subpart G of part 173.

Section 173.340

    Section 173.340 prescribes the packaging requirements for NA1693,
tear gas devices. Paragraphs (c) and (d) prescribe the authorized
packagings for tear gas devices. In this NPRM, PHMSA is proposing to
revise the packaging requirements in paragraphs (c) and (d) by
authorizing the use of 4A, 4B, or 4N metal boxes, and 1B2, 1N2, or 1H2
drums.

Part 175

Section 175.8

    Section 175.8 provides exceptions from certain regulations for air
carrier operator equipment and items of replacement, as well as for
items used to provide customer service aboard an aircraft.
    ICAO reviewed and revised the Technical Instructions applicable to
exceptions from certain regulations for air carrier operator equipment
and items of replacement, and to better reflect items that may be sold
as part of duty free services. Consistent with the ICAO Technical
Instructions, in this NPRM, PHMSA is proposing to revise paragraph
(a)(3)(ii) to clarify that wet cell aircraft batteries up to 100 kg net
mass per package may be transported. Additionally, lithium ion aircraft

batteries in packages containing a single aircraft battery with a net
mass not exceeding 35 kg may be transported. Lastly, PHMSA proposes to
revise paragraph (b)(2) of this section to add portable electronic
devices containing lithium batteries to the list of items permitted
aboard an aircraft for use or sale on that specific aircraft.

Section 175.10

    Section 175.10 specifies the conditions for which passengers, crew
members, or an operator may carry hazardous materials aboard an
aircraft. Consistent with revisions to the ICAO Technical Instructions,
in this NPRM, PHMSA is proposing to revise paragraph (a)(14), the
conditions under which electrically powered heat-producing articles may
be carried aboard an aircraft. The requirement that the heat-producing
component, or the energy source, must be removed to prevent
unintentional functioning during transport is being revised to permit
the removal of another component, such as a fuse, to prevent
unintentional functioning during transport. In addition the paragraph
is being revised to specify procedures for protecting any removed
battery from short circuit during transport. PHMSA is also proposing to
add paragraphs (a)(20), (a)(21), (a)(22), (a)(23), and (a)(24) to
specify conditions under which permeation devices for calibrating air
quality monitoring equipment, internal combustion or fuel cell engines,
non-infectious specimens, insulated packagings containing refrigerated
liquid nitrogen, and small compressed gas cartridges fitted into
devices, respectively, may be carried aboard an aircraft.

Part 176

Section 176.2

    Section 176.2 provides definitions of terms specifically as they
pertain to Part 176. In this NPRM, PHMSA is proposing various revisions
to the vessel stowage and segregation requirements specified in Part
176. As part of these changes certain terminology must be defined.
    The term ``Closed cargo transport unit for Class 1'' is defined by
the IMDG Code as a freight container or transport vehicle that fully
encloses the contents by permanent structures and can be secured to the
ship's structure and are, except for the carriage of division 1.4
explosives, structurally serviceable (see Sec.  176.172). Portable
magazines conforming to Sec.  176.137 are also considered closed cargo
transport units for Class 1. Small compartments such as deck houses and
mast lockers are included. Cargo transport units with fabric sides or
tops are not closed cargo transport units. The floor of any closed
cargo transport unit must either be constructed of wood, close-boarded
or so arranged that goods are stowed on sparred gratings, wooden
pallets or dunnage. The IMO adopted this new definition for ``closed
cargo transport unit for Class 1'' to define the characteristics
required for cargo transport units carrying explosives by vessel.
    A new definition for ``potential or possible sources of ignition''
was adopted by the IMO for incorporation in the next published IMDG
Code. The term ``Potential or possible sources of ignition'' as defined
in the IMDG Code ``means but is not limited to, open fires, machinery
exhausts, galley uptakes, electrical outlets and electrical equipment
including those on refrigerated or heated cargo transport units unless
they are of a type designed to operate in a hazardous environment. The
text ``means but is not limited to'' indicates that the list of
potential or possible sources of ignition is not all inclusive; as it
is impossible to identify in a definition all potential or possible
sources of ignition that may exist on a variety of vessels with various
engineering designs and stowage configurations. Adoption of this
definition will provide guidance to vessel stowage planners in
determining safe stowage locations for cargo on board vessels.
    The term ``Protected from sources of heat'' as defined by the IMDG
Code means ``that packages and cargo transport units must be stowed at
least 2.4 m from heated ship structures, where the surface temperature
is liable to exceed 131[emsp14][deg]F (55 [deg]C). Examples of heated
structures are steam pipes, heating coils, top or side walls of heated
fuel and cargo tanks, and bulkheads of machinery spaces. In addition,
packages not loaded inside a cargo transport unit and stowed on deck
must be shaded from direct sunlight. The surface of a cargo transport
unit can heat rapidly when in direct sunlight in nearly windless
conditions and the cargo may also become heated. Depending on the
nature of the goods in the cargo transport unit and the planned voyage
precautions must be taken to ensure that exposure to direct sunlight is
reduced''. This definition was adopted by the IMO for inclusion in the
next IMDG Code to provide a list of possible sources of heat a cargo
transport unit might encounter during vessel transport. This definition
also includes requirements for break bulk packages stowed on deck that
are required to be protected from sources of heat by means of a stowage
provision or a general stowage requirement found in Part 176.
    Therefore, in the NPRM PHMSA proposes to add definitions in this
section for the terms, ``Closed cargo transport unit for Class 1,''
``Potential or possible sources of ignition'' and ``Protected from
sources of heat'' with additional text clarifying that a portable
magazine conforming to Sec.  176.137 is also considered ``closed cargo
transport unit for Class 1.''

Section 176.63

    Section 176.63 prescribes supplementary requirements with respect
to the stowage of specific hazardous materials in addition to those
authorized in the HMT in Sec.  172.101. This section sets forth the
basic physical requirements for the authorized vessel stowage
locations.
    In this NPRM PHMSA proposes to revise paragraph (b) of this section
by replacing the phrase ``shade from radiant heat'' with the phrase
``protected from sources of heat.'' This revision of terminology is
necessary to incorporate other proposed changes to the vessel stowage
codes in Column 10 B of the HMT proposed in this NPRM.
    In this NPRM PHMSA also proposes changes to paragraph (e) of this
section, as the definition of ``closed cargo transport unit for Class
1'' was added to Sec.  176.2 references to magazine stowage type A and
C are no longer needed in this section.
    Paragraph (e) also contains an exception for empty packages
containing residue (excluding Class 2.3 empty packages containing
residue and waste aerosols), including IBCs and large packages to be
stowed on deck, or under deck if in a mechanically ventilated cargo
space. This exception would apply regardless of the stowage provisions
indicated in Sec.  172.101(k). PHMSA believes the reduced hazard
present in empty packages containing residue combined with the
mechanically ventilated cargo space warrants a relaxation of stowage
requirements for shipments of empty packages (excluding Class 2.3 and
waste aerosols) that otherwise would require on deck stowage.

Section 176.76

    Section 176.76 specifies the requirements for transport vehicles,
freight containers, and portable tanks containing hazardous materials
transported via vessel. Currently paragraph (a)(9) of this section
states that when security devices, beacons or other tracking or
monitoring equipment are used, they must be securely installed

and must be of a certified safe type for the hazardous materials that
will be carried within the freight container or transport vehicle in
which such as device or equipment is installed.
    In this NPRM PHMSA proposes to replace the existing text in
paragraph (a)(9) with new text requiring that banding or securing
straps used to secure packages must not be over tightened to cause
damage or deformation of the packages or the securing points within the
freight container or transport vehicle. PHMSA proposes this change to
harmonize cargo securement requirements in the HMR with recently
adopted changes in the IMDG Code. This requirement is intended to
prevent undue stress and potential damage to packages and tie down
points during transport.

Section 176.83

    Section 176.83 prescribes the general vessel segregation
requirements. Paragraph (m) of this section specifies additional
segregation requirements for certain groups of hazardous materials.
Paragraph (m)(2) of this section prescribes segregation requirements
for materials shipped under n.o.s. entries. Furthermore, paragraph
(m)(3) discusses materials that fall outside the defining criteria for
hazardous materials, but display chemical properties similar to
hazardous materials listed in segregation groups.
    In this NPRM PHMSA is proposing to revise paragraph (m)(2) to
clarify that the offeror of hazardous materials is responsible for
deciding if allocation of a segregation group is appropriate. PHMSA is
also proposing to revise paragraph (m)(3) to clarify that the offer of
hazardous materials for transportation or the person packing the cargo
transport unit is responsible for identifying a relevant segregation
group and applying the segregation requirements for that segregation
group. These revisions will replace the current term ``shipper,'' which
is not defined in Sec.  171.8, with the terms ``offeror'' and ``person
who offers'' which are defined terms in Sec.  171.8.

Section 176.84

    Section 176.84 prescribes the meanings and requirements for
numbered or alpha-numeric stowage provisions for vessel shipments
listed in column 10B of the Sec.  172.101 Hazardous Materials Table.
The provisions in Sec.  176.84 are broken down into general stowage
provisions whose meanings are defined in the ``table of provisions'' in
paragraph (b), and the stowage provisions applicable to vessel
shipments of Class 1 explosives defined in the table to paragraph
(c)(2).
    In this NPRM, PHMSA is proposing to revise stowage provisions 25
and 128 and delete stowage provisions 19, 48, and 50 from the table in
paragraph (b). Stowage provision 25 is revised from ``Shade from
radiant heat'' to read ``Protected from sources of heat.'' Stowage
provision 128 is revised from ``Stow in accordance with the IMDG Code,
Sub-section <IP_ADDRESS> (incorporated by reference; see Sec.  171.7 of
this subchapter)'' to read ``Stow in accordance with the IMDG Code,
Sub-section <IP_ADDRESS>.2 (incorporated by reference; see Sec.  171.7 of
this subchapter).'' Deleted stowage provision 19 previously read
``Protect from sparks and open flames.'' Deleted stowage provision 48
previously read ``Stow ``away from'' sources of heat''. Deleted stowage
provision 50 previously read ``Stow ``away from'' sources of heat where
temperatures in excess of 55 [deg]C (131[emsp14][deg]F) for a period of
24 hours or more will be encountered.''
    The current stowage provision table in paragraph (b) contains three
listings requiring shipments to be either shaded or stowed away from
sources of heat. The addition of a standard definition for ``protected
from sources of heat'' to the list of definitions in Sec.  176.2 has
rendered stowage provisions 19, 48, and 50 redundant and all HMT
listings previously assigned stowage provisions 19 or 48 have been
assigned the revised stowage provision 25. Furthermore, no listings in
the current HMR are assigned stowage provision 50 therefore we are
deleting it and all references to it. The change to stowage provision
128 is proposed to account for a citation change in the newest edition
of the IMDG Code.
    In this NPRM PHMSA is also proposing to revise explosive stowage
provision 26E and delete explosive stowage provisions 7E, 8E, and 20E
from the table in paragraph (c)(2). Deleted explosive stowage provision
7E previously read ``Stowage category ``04'' for projectiles or
cartridges for guns, cannons or mortars; Stowage category ``08'' for
other types.'' Deleted explosive stowage provision 8E previously read
``When under deck, special stowage is required.'' Deleted explosive
stowage provision 20E previously read ``Stowage category ``03'' for
projectiles or cartridges for guns, cannons or mortars; Stowage
category ``07'' for other types; magazines must be of steel
construction that prevents leakage.'' Changes to explosive stowage
provisions 7E, 8E, and 20E are necessary to account for revisions to
the stowage category definitions proposed in Sec.  172.101(k).
Additionally, as a result of the removal of stowage provisions 10 and
13 from Sec.  172.101(k), PHMSA proposes to revise explosive stowage
provision 26E in Sec.  176.84. Please see section 172.101 for explosive
stowage codes associated with HMT entries previously assigned these
explosive stowage provisions and a list of entries these provisions
have been removed from.

Section 176.116

    Section 176.116 prescribes the general stowage conditions for Class
1 explosive materials. Paragraph (a) of this section prescribes
explosive stowage requirements, which take into account heat and
sources of ignition. Paragraph (f) of this section prescribes
explosives stowage requirements for under deck storage. In this NPRM
PHMSA is proposing to revise paragraph (a) to clarify the general
stowage conditions for Class 1 materials on board vessels and delete
and reserve paragraph (f).
    PHMSA proposes to revise paragraph (a)(1) to require explosive
materials to be stowed in a cool part of the ship, to be kept as cool
as practicable while on board, and to be stowed as far away as
practicable from any potential source of heat or ignition. This change
is proposed due to the inclusion of a definition for ``potential source
of heat or ignition'' in Sec.  176.2. A new paragraph (a)(2) is
proposed requiring Class 1 materials to be stowed away from the side of
a ship's side at a distance at least equal to one eighth of the beam of
the vessel or 2.4 m (8 feet), whichever is less.
    This minimum distance for explosive shipment stowage from the
ship's side is proposed to harmonize with a recent change in the IMDG
Code and provides an increased level of safety by ensuring explosive
shipments are not stowed adjacent to the ships internal structure.
    Paragraph (f) previously indicated general stowage provisions for
HMT explosive entries stowed under deck and assigned stowage category
09 or 10. The proposed removal of stowage category 09 and 10 make these
provisions no longer applicable.

Section 176.128

    Section 176.128 defines the varying levels of containment for
explosives identified as magazine stowage types ``A'', ``C,'' and
``Special Stowage.'' The IMO has determined that a distinction between
closed cargo transport units and magazines is no longer necessary.
PHMSA concurs with the IMO on this issue and, thus, in this NPRM,
proposes to delete Sec.  176.128 and reserve it for future use. With
the addition of a definition for ``closed cargo transport

unit for Class 1,'' and the requirement for all explosive shipments to
be stored at a distance at least equal to one eighth of the beam of the
vessel or 2.4 m (8 feet), whichever is less, specific requirements for
type A, C, and special magazine stowage are now unnecessary. Note that
portable magazines remain authorized by Sec.  176.137 and the
definition of ``closed cargo transport unit for Class 1.''

Section 176.130

    Section 176.130 prescribes requirements for magazine stowage type
A. The IMO determined that a distinction between closed cargo transport
units and magazines is no longer necessary. PHMSA concurs with the IMO
on this issue and thus in this NPRM proposes to delete Sec.  176.130
and reserve it for future use. In general, a magazine is equivalent to
a closed cargo transport unit with a wooden floor. Properly packaged
and transported packages in a closed cargo transport unit will
adequately address safety concerns presented by commodities previously
required to be transported in magazine stowage type A.

Section 176.133

    Section 176.133 prescribes requirements for magazine stowage type
C. The IMO has determined that all explosive shipments must be stored
at a distance at least equal to one eighth of the beam of the vessel or
2.4 m (8 feet), whichever is less, thus making the provisions for
magazine stowage type C unnecessary. PHMSA concurs with the IMO on this
issue and thus in this NPRM proposes to delete Sec.  176.133 and
reserve it for future use.

Section 176.134

    Section 176.134 prescribes requirements for vehicles carrying Class
1 materials requiring magazine stowage. The removal of magazine stowage
definitions and provisions make this section unnecessary. Therefore, in
this NPRM PHMSA proposes to delete this section and reserve it for
future use.

Section 176.136

    Section 176.136 prescribes requirements for special stowage of
Class 1 materials. Changes to vessel stowage location codes in Sec.
172.101(k) and the assignment of vessel stowage codes requiring on deck
stowage for entries previously authorized special stowage make this
section unnecessary. Therefore, in this NPRM PHMSA proposes to delete
this section and reserve it for future use.

Section 176.138

    Section 176.138 prescribes general requirements for on deck
stowage. Paragraph (b) provides general requirements for on deck
stowage of explosives. In this NPRM PHMSA proposes to revise this
section to require explosives to not be stowed within 6 m (20 feet) of
the newly defined term ``any potential sources of heat or ignition.''
This change is proposed to incorporate a newly defined term in Sec.
176.2.

Section 176.144

    Section 176.144 prescribes segregation requirements for Class 1
materials transported by vessel. Paragraph (d) allows materials
requiring ordinary stowage (non-magazine stowage) to be stowed in the
same magazine as materials requiring magazine stowage. In this NPRM
PHMSA proposes to revise paragraph (d) to state that if part of a
shipment requires non-metallic lining of closed cargo transport units,
Class 1 materials requiring ordinary stowage (stowage not requiring
non-metallic lining of closed cargo transport units) may be stowed in
the same closed cargo transport unit provided there are no exposed
parts of any ferrous metal or aluminum alloy, unless separated by a
partition. The removal of sections and requirements for magazine
stowage necessitates a change in this section.

Section 176.146

    Section 176.146 prescribes segregation requirements for Class 1
materials and non-hazardous goods transported by vessel. Paragraph (a)
currently states that Class 1 material need not be segregated from non-
hazardous materials except as provided in paragraphs (b) and (c).
Paragraph (b) then goes on to state that certain cargo (mail, baggage,
and personal effects) may not be stowed in the same compartment as, or
in compartments immediately above or below, Class 1 (explosive)
materials other than those in compatibility group S. Paragraph (c)
states that where Class 1 (explosive) materials are stowed against an
intervening bulkhead, any mail on the other side of the bulkhead must
be stowed away from it.
    In this NPRM, PHMSA proposes to revise paragraphs (a) and (b) and
delete and reserve paragraph (c). Specifically, PHMSA proposes to
revise paragraph (a) to remove a reference to the removed paragraph
(c). PHMSA proposes to revise paragraph (b) to read ``readily
combustible materials may not be stowed in the same compartment or hold
as Class 1 (explosive) materials other than those in compatibility
group S.'' This change incorporates the adoption by IMO of the defined
term ``readily combustible material'' in 176.2. In this NPRM, PHMSA
proposes removing and reserving paragraph (c) as the vast majority of
mail is now sent by air and not vessel. A specific requirement for
stowage of mail away from the intervening bulkhead between it and Class
1 materials is deemed unnecessary.

Section 176.170

    Section 176.170 prescribes requirements for shipments of Class 1
materials in freight containers by vessel. Paragraph (a) states that
when Class 1 materials are stowed in a freight container, the freight
container, for the purposes of this subpart, may be regarded as a
magazine but not as a separate compartment. Paragraph (c) states that
freight containers used to transport Class 1 (explosive) materials for
which magazine stowage type A is required must have a floor consisting
of tightly fitted wooden boards, plywood or equivalent non-metallic
material, and a non-metallic lining.
    In this NPRM, PHMSA proposes to amend paragraph (a) and delete and
reserve paragraph (c). Paragraph (a) would be revised to state that
when Class 1 materials are stowed in a freight container, the freight
container, for the purposes of this Subpart, may be regarded as a
closed transport unit for Class 1 or a magazine but not a separate
compartment. This change is being made to incorporate the proposed
definition of ``closed cargo transport unit for Class 1'' and the
removal of magazine stowage A, C, and Special Stowage. Paragraph (c)
references freight containers used to transport Class 1 (explosive)
materials for which magazine stowage type A is required. The removal of
a definition for and requirements for magazine stowage type A make this
paragraph unnecessary.

Section 176.200

    Section 176.200 prescribes general stowage requirements for Class 2
materials transported by vessel. Paragraph (c) of this section
prescribes the orientation and outer packaging requirements for
cylinders transported by vessel.
    In this NPRM, PHMSA proposes revisions to paragraph (c) to clarify
that cylinders offered for transport by vessel in a vertical position
must be stowed in either a block and cribbed or boxed-in with suitable
sound lumber. PHMSA also proposes to replace the word movement with
shifting in the requirement for the crib or box bracing

to prevent any movement. These revisions are to harmonize with vessel
transportation requirements incorporated in the IMDG Code and clarify
that cylinders stored in a vertical position must be adequately blocked
and braced using sound lumber.

Section 176.210

    Section 176.210 prescribes on deck stowage requirements for
cylinders transported by vessel. This section currently requires
cylinders of Class 2 materials being transported by vessel to be
protected from radiant heat, including the direct rays of the sun, by
structural erections or awnings.
    In this NPRM PHMSA proposes to revise this section by replacing
``protected from radiant heat, including the direct rays of the sun, by
structural erections or awnings'' with the newly defined term
``protected from sources of heat.''

Section 176.230

    Section 176.230 prescribes stowage requirements for Division 2.1
materials transported by vessel. Currently the HMR requires Division
2.1 materials transported in Specification 106A or 110A multi-unit car
tanks must be stowed on deck only, and must be shaded from radiant
heat.
    In this NPRM, PHMSA proposes to replace the phrase ``shaded from
radiant heat'' with the newly defined ``protected from sources of
heat.''

Section 176.305

    Section 176.305 prescribes stowage requirements for Class 3
materials transported by vessel. Paragraph (a) states that Class 3
flammable or combustible liquids must be kept as cool as reasonably
practicable and be stowed away from all sources of heat and ignition.
    In this NPRM, PHMSA proposes to revise paragraph (a) to read ``a
Class 3 (flammable) or combustible liquid must be kept as cool as
reasonably practicable, protected from sources of heat, and away from
potential sources of ignition.'' These changes incorporate the proposed
definitions of ``protected from sources of heat'' and ``potential or
possible sources of ignition.''

Section 176.400

    Section 176.400 prescribes stowage requirements for Division 1.5,
Class 4 (flammable solids) and Class 5 materials transported by vessel.
Paragraph (a) requires Class 4 (flammable solid) material and Division
5.2 (organic peroxide) materials to be kept as cool as reasonably
practicable and be stowed away from all sources of heat and ignition.
    In this NPRM, PHMSA proposes to revise paragraph (a) to read
``Class 4 (flammable solid) material and Division 5.2 (organic
peroxide) material must be kept as cool as reasonably practicable,
protected from sources of heat, and away from potential sources of
ignition.'' These changes incorporate the proposed definitions of
``protected from sources of heat'' and ``potential or possible sources
of ignition.''
    Paragraph (b) of this section requires Division 5.2 (organic
peroxide) material to be stowed away from living quarters or access to
them. Division 5.2 (organic peroxide) substances not requiring
temperature control should be protected from radiant heat, which
includes direct rays of the sun, and stowed in a cool, well-ventilated
area.
    In this NPRM, PHMSA proposes to amend paragraph (b) to replace
``should be protected from radiant heat, which includes direct rays of
the sun, and stowed in a cool, well-ventilated area'' with ``must be
protected from sources of heat, including radiant heat and strong
sunlight, and must be stowed in a cool, well-ventilated area.'' These
changes are being made to incorporate the proposed definitions of
``protected from sources of heat'' harmonize with the IMDG Code, and to
emphasize that protecting shipments of organic peroxides not requiring
temperature control from sources of heat is a requirement and not
optional.

Section 176.600

    Section 176.600 prescribes detailed requirements for Division 2.3
(Poisonous Gas) and Division 6.1 (Poisonous) materials transported by
vessel. Paragraph (d) of this section requires each package of Division
2.3 (poisonous gas) material or Division 6.1 (poison) material that
also bears a FLAMMABLE LIQUID or FLAMMABLE GAS label must be stowed in
a mechanically ventilated space, kept as cool as reasonably
practicable, and be stowed away from all sources of heat and ignition.
    In this NPRM, PHMSA proposes to revise paragraph (d) to replace
``stowed away from all sources of heat and ignition'' with ``protected
from sources of heat and stowed away from potential sources of
ignition.'' These changes incorporate the proposed definitions of
``protected from sources of heat'' and ``potential or possible sources
of ignition.''

Section 176.907

    Section 176.907 is created to incorporate cargo transport
requirements for shipments of UN2211, Polymeric Beads, Expandable
evolving flammable vapor and UN3314, Plastics Molding Compound in
dough, sheet or extruded rope form, evolving flammable vapor. Several
cases of damage to cargo transport units were presented to the IMO with
the root cause being identified as the release of flammable pentane gas
during transportation of shipments UN2211 and UN3314. To address the
concerns presented by off gassing of flammable vapors which lead to a
rise in pressure that may damage cargo transport units, the IMO
instituted measures to ensure an adequate exchange of air within the
cargo transport unit is provided. PHMSA proposes to harmonize with
recent changes to the IMDG as well as to address safety concerns
presented by the off gassing of flammable vapors from shipments of
UN2211 and UN3314 by requiring that when UN2211 or UN3314 are
transported by vessel, the cargo transport unit must provide an
adequate exchange of air. This adequate exchange of air may be
accomplished by using a ventilated container, an open-top container, or
a container in one door off operation. As an alternative to these
methods of air exchange, shippers may transport these cargos under
temperature control in refrigerated cargo transport units. Exceptions
to the cargo transport unit providing an adequate exchange of air
requirement are provided for shipments packed in hermetically sealed
packagings, IBCs which conform to the packing group II performance
level for liquid dangerous goods, and packagings or IBCs in which the
total pressure in the package (i.e., the vapor pressure of the liquid
plus the partial pressure of air or other inert gasses less 100 kPa (15
psia)) with a filling temperature of 15 [deg]C (131 [deg]F) does not
exceed two-thirds of the marked test pressure. Cargo transport units
containing shipments of UN2211 or UN3314 must be marked with a warning
mark including the words ``CAUTION- MAY CONTAIN FLAMMABLE VAPOR'' or
``CAUTION- MAY CONTAIN FLAMMABLE VAPOUR'' with lettering not less than
25 mm high. This mark must be affixed at each access point in a
location where it will be easily seen by persons prior to opening or
entering the cargo transport unit and must remain on the cargo
transport unit until the cargo transport unit has been completely
ventilated to remove any hazardous concentration of vapor or gas, the
immediate vicinity of the cargo transport unit is clear of any source
of ignition, and the goods have been unloaded.

Part 178

Section 178.512

    Section 178.512 prescribes the standards, packaging identification
codes, and construction requirements for steel and aluminum boxes (4A
and 4B boxes). To incorporate the authorization for use of 4N boxes
(metal other than steel or aluminum), the title of the section would be
revised to ``Standards for steel, aluminum or other metal boxes.''
Section 178.512 is also revised to include the authorized packaging
identification code, 4N, for other metal boxes, and expand the
construction requirements of the section to include these packagings.
Subsequent changes will be made throughout the section to address the
inclusion of 4N other metal boxes.

Section 178.603

    Section 178.603 prescribes the drop test requirements for non-bulk
packagings in the HMR. Section 178.603 provides that a drop test must
be conducted for the qualification of all packaging design types, and
further provides that exceptions for the number of steel and aluminum
packaging samples used for conducting the drop test are subject to the
approval of the Associate Administrator. Currently, paragraph (a) of
this section contains a table that outlines specific types of
packagings and the corresponding number of samples that should be
tested and the drop orientation of those samples. In this NPRM, PHMSA
is proposing to revise this table by including ``other metal boxes'' to
the listed packagings. To incorporate the authorization for use of 4N
boxes (metal other than steel or aluminum), Sec.  178.603 is revised to
require the drop test for other metal (4N) boxes, and authorize
exceptions, subject to the approval of the Associate Administrator, for
the number of samples used for conducting the drop test of these
packagings.

Section 178.705

    Section 178.705 prescribes standards for metal IBCs. Paragraph
(a)(3) indicates that IBC specifications 31A, 31B, and 31N are
authorized for both liquids and solids. PHMSA is proposing to revise
this sentence editorially by removing the authorization to package
solids in specification 31 IBCs as the specification is only assigned
to liquid substances. This editorial change is consistent with the
Sec.  172.102 IBC Code Table revisions in paragraph (c)(4) and other
IBC standards (e.g., Sec.  178.707(a)(5)) prescribed in subpart N of
part 178.

Section 178.910

    Section 178.910 prescribes the marking requirements for
specification Large Packaging design types. Paragraph (a)(1) of this
describes the size specifications and format of the marking
requirements. In this NPRM PHMSA is proposing to clarify these
requirements by indicating that for large packages manufactured after
January 1, 2014 the minimum marking size must be 12 mm in height.
    Furthermore, paragraph (b) of this section is now reserved.
However, we are proposing to add a paragraph (b) indicating that for
all Large Packages manufactured, repaired or remanufactured after
January 1, 2015 the large package must be marked with the symbol
applicable to a Large Package designed for stacking or not designed for
stacking, as appropriate. This language will be accompanied by an
example of such a mark.

Section 178.980

    Section 178.980 prescribes the procedures for conducting the
stacking test for qualification of all Large Packaging design types.
Paragraph (e)(1) describes the criterion a metal or rigid plastic Large
Packaging must meet to be considered as successfully passing the
stacking test. While paragraph (e) addresses metal or rigid plastic
Large Packagings, the criterion that a fiberboard or wooden Large
Packaging must meet to be considered as successfully passing the
stacking test is omitted.
    Therefore, in this NPRM, we propose to correct this omission, by
adding a new paragraph (e)(2) that addresses the criterion for
fiberboard or wooden Large Packagings to pass the test and
redesignating the following paragraphs accordingly.

Subpart R

    Currently, the HMR do not contain specifications for FBCs. In this
NPRM, PHMSA is proposing to adopt the specification, construction, and
testing requirements for FBCs. On February 2, 2010, PHMSA published a
final rule in the Federal Register under Docket Number PHMSA-2006-
25736 (HM-231) [75 FR 4699] entitled ``Hazardous Materials;
Miscellaneous Packaging Amendments.'' In HM-231, specification and
testing requirements were adopted for Large Packagings. The
specification and testing requirements for FBCs proposed in this NPRM
are modeled on the regulatory structure adopted for Large Packagings in
HM-231. Thus, new subpart R of part 178 entitled ``Subpart R--Flexible
Bulk Container Standards'' is proposed.

Section 178.1000

    PHMSA proposes to adopt new Sec.  178.1000 entitled ``Purpose and
scope.'' This section prescribes the packaging designs to which Subpart
R applies and the location in the HMR where terms used in the subpart
are defined.

Section 178.1005

    In this NPRM, PHMSA proposes to add new Sec.  178.1005 entitled
``Flexible Bulk Container Identification Code.'' This section provides
the identification code (i.e. BK3) assigned to FBCs.

Section 178.1010

    In this NPRM, PHMSA proposes to add new Sec.  178.1010 entitled
``Marking of Flexible Bulk Containers.'' This section prescribes the
markings the manufacturer of an FBC must mark on a package to indicate
the FBC meets the specification. The proposed marking requirements for
FBCs are based on the current marking requirements for IBCs prescribed
in Sec.  178.703.

Section 178.1015

    In this NPRM, PHMSA proposes to add new Sec.  178.1015 entitled
``General Flexible Bulk Container Standards.'' This section prescribes
the general packaging integrity requirements an FBC design must meet.

Section 178.1020

    In this NPRM, PHMSA proposes to add new Sec.  178.1020 entitled
``Period of use for transportation of hazardous materials in Flexible
Bulk Containers.'' This section prescribes the length of time an FBC
may be used to package hazardous materials. Specifically, this section
states that an FBC used to package hazardous materials may remain in
service not to exceed two years from the date of manufacture.

Subpart S

    Currently, the HMR do not prescribe testing criteria for FBCs. In
this NPRM, PHMSA is proposing to adopt testing protocol for FBCs. On
February 2, 2010, PHMSA published a final rule in the Federal Register
under Docket Number PHMSA-2006-25736 (HM-231) [75 FR 4699] entitled
``Hazardous Materials; Miscellaneous Packaging Amendments.'' In HM-231,
specification and testing requirements were adopted for Large
Packagings. The test protocol proposed in this NPRM for FBCs is modeled
on the regulatory structure adopted for Large Packagings in HM-231.
Thus, new subpart S of part 178 entitled ``Subpart S--Testing of
Flexible Bulk Container Standards'' is proposed.

Section 178.1030

    In this NPRM, PHMSA proposes to adopt Sec.  178.1030 entitled
``Purpose and scope.'' This section prescribes the applicability to
which the Subpart S tests apply.

Section 178.1035

    In this NPRM, PHMSA proposes to adopt Sec.  178.1035 entitled
``General requirements.'' This section prescribes the general packaging
requirements for FBCs and addresses the following topics: FBC-related
definitions; defining responsibility for compliance with specification
requirements; design qualification testing; periodic design testing;
proof of compliance; and record retention.

Section 178.1040

    In this NPRM, PHMSA is proposing to adopt test preparation
requirements for FBCs in new Sec.  178.1040 entitled ``Preparation of
Flexible Bulk Containers for Testing.'' This section specifies the
general test preparation requirements applicable to all tests an FBC is
required to successfully pass.

Section 178.1045

    In this NPRM, PHMSA is proposing to adopt requirements for drop
tests conducted on FBCs. A drop test is used to measure a packaging's
ability to withstand falls from specific heights and is used to
determine if a package is suitable to transport hazardous materials.
Thus, PHMSA proposes to add a new Sec.  178.1045 entitled ``Drop
test.'' This section prescribes the preparation of test samples, test
methods authorized, drop heights, and criteria for passing the drop
test.

Section 178.1050

    In this NPRM, PHMSA is proposing to adopt requirements for top lift
tests conducted on FBCs. A top lift test measures a package's ability
to be moved mechanically by lifting the package by its top end and is
used to determine if a package is suitable to transport hazardous
materials. Thus, PHMSA proposes to add new Sec.  178.1050 entitled
``Top lift test.'' This section prescribes requirements for the
preparation of test samples, test methods authorized, and criteria for
passing the top lift test.

Section 178.1055

    In this NPRM, PHMSA is proposing to adopt requirements for stacking
tests conducted on FBCs. A stacking test is used to measure a
packaging's ability to withstand other packages placed on top of it and
is used to determine if a package is suitable to transport hazardous
materials. Thus, PHMSA proposes to add new Sec.  178.1055 entitled
``Stacking test.'' This section prescribes requirements for the
preparation of test samples, test methods authorized, and criteria for
passing the stacking test.

Section 178.1060

    In this NPRM, PHMSA is proposing to adopt requirements for topple
tests conducted on FBCs. A topple test is used to measure a packaging's
ability to withstand tipping of the package and is used to determine if
a package is suitable to transport hazardous materials. Thus, PHMSA
proposes to add new Sec.  178.1060 entitled ``Topple test.'' This
section prescribes the preparation of test samples, test methods
authorized, topple height, and criteria for passing the topple test.

Section 178.1065

    In this NPRM, PHMSA is proposing to adopt requirements for righting
tests conducted on FBCs. A righting test is used to measure a
packaging's ability to withstand lifting from a lying position at a
given rate of speed and is used to determine if a package is suitable
to transport hazardous materials. Thus, PHMSA proposes to add new Sec.
178.1065 entitled ``Righting test.'' This section prescribes the
preparation of test samples, test methods authorized, and criteria for
passing the righting test.

Section 178.1070

    In this NPRM, PHMSA is proposing to adopt requirements for tear
tests conducted on FBCs. A tear test is used to measure a packaging's
ability to withstand shearing and tearing that may be encountered
during transportation, such as loading and unloading, and is used to
determine if a package is suitable to transport hazardous materials.
Thus, PHMSA proposes to add new Sec.  178.1070 entitled ``Tear test.''
This section prescribes the preparation of test samples, test methods
authorized, and criteria for passing the tear test.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This proposed rule is published under the following statutory
authorities:
    1. 49 U.S.C. 5103(b) authorizes the Secretary of Transportation to
prescribe regulations for the safe transportation, including security,
of hazardous materials in intrastate, interstate, and foreign commerce.
This proposed rule amends regulations to maintain alignment with
international standards by incorporating various amendments, including
changes to proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, air transport quantity
limitations and vessel stowage requirements. To this end, the proposed
rule amends the HMR to more fully align them with the biennial updates
of the UN Model Regulations, the IMDG Code and the ICAO Technical
Instructions.
    Harmonization serves to facilitate international commerce; at the
same time, harmonization promotes the safety of people, property, and
the environment by reducing the potential for confusion and
misunderstanding that could result if shippers and transporters were
required to comply with two or more conflicting sets of regulatory
requirements. While the intent of this rulemaking is to align the HMR
with international standards, we review and consider each amendment on
its own merit based on its overall impact on transportation safety and
the economic implications associated with its adoption into the HMR.
Our goal is to harmonize without sacrificing the current HMR level of
safety and without imposing undue burdens on the regulated community.
Thus, as explained in the corresponding sections above, we are not
proposing harmonization with certain specific provisions of the UN
Model Regulations, the IMDG Code, and the ICAO Technical Instructions.
Moreover, we are maintaining a number of current exceptions for
domestic transportation that should minimize the compliance burden on
the regulated community. Additionally, the following external agencies
were consulted in the development of this rule: U.S. Coast Guard, U.S.
Department of Agriculture (USDA), U.S. Department of Energy, U.S.
Department of Interior, U.S. Department of Justice.
    2. 49 U.S.C. 5120(b) authorizes the Secretary of Transportation to
ensure that, to the extent practicable, regulations governing the
transportation of hazardous materials in commerce are consistent with
standards adopted by international authorities. This rule proposes to
amend the HMR to maintain alignment with international standards by
incorporating various amendments to facilitate the transport of
hazardous material in international commerce. To this end, as discussed
in detail above, PHMSA proposes to incorporate changes into the HMR
based on the 17th Revised Edition of the UN Model Regulations,
Amendment 36-12 to the IMDG Code, and the 2013-2014 ICAO Technical
Instructions, which become effective January 1, 2013. The large volume
of hazardous materials transported in international commerce

warrants the harmonization of domestic and international requirements
to the greatest extent possible.

B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures

    This notice is not considered a significant regulatory action under
section 3(f) of Executive Order 12866 (``Regulatory Planning and
Review'') and, therefore, was not reviewed by the Office of Management
and Budget. This notice is not considered a significant rule under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11034). Additionally, E.O. 13563 (``Improving Regulation and
Regulatory Review'') supplements and reaffirms E.O. 12866, stressing
that, to the extent permitted by law, an agency rulemaking action must
be based on benefits that justify its costs, impose the least burden,
consider cumulative burdens, maximize benefits, use performance
objectives, and assess available alternatives.
    Benefits to Harmonization. In this NPRM, PHMSA is proposing to
incorporate by reference the most recent versions of various
international hazardous materials standards, including the 2013-2014
ICAO Technical Instructions, Amendment 36-12 to the IMDG Code, and the
17th Revised Edition of the UN Model Regulations. Additionally, PHMSA
is proposing to update its incorporation by reference of the Canadian
Transportation of Dangerous Goods Regulations to include Amendment 8
(SOR/2011-239) November 9, 2011; Amendment 9 (SOR/2011-60) March 16,
2011; and Amendment 10 (SOR/2011-210) October 12, 2011. Lastly, PHMSA
is proposing to adopt updated International Standards Organization
(ISO) standards.
    The primary benefit of harmonizing the U.S. Hazardous Materials
Regulations (HMR) with the international hazardous materials standards
noted previously is that it will reduce the regulatory compliance costs