(2) An indication of compliance with this special provision must be
provided by marking each package with the words ``not restricted'' or
by including the words ``not restricted'' on a transport document such
as an air waybill accompanying the shipment.
    (d) Used or spent battery exception. Used or spent dry batteries of
both non-rechargeable and rechargeable designs, with a marked rating up
to 9-volt that are combined in the same package and

transported by highway or rail for recycling, reconditioning, or
disposal are not subject to this special provision or any other
requirement of the HMR. Note that batteries utilizing different
chemistries (i.e., those battery chemistries specifically covered by
another entry in the Sec.  172.101 Table) as well as dry batteries with
a marked rating greater than 9-volt may not be combined with used or
spent batteries in the same package. Note also that this exception does
not apply to batteries that have been reconditioned for reuse.
* * * * *
    134 This entry only applies to vehicles, machinery and equipment
powered by wet batteries, sodium batteries, or lithium batteries that
are transported with these batteries installed. Examples of such items
are electrically-powered cars, lawn mowers, wheelchairs, and other
mobility aids. Self-propelled vehicles or equipment that also contain
an internal combustion engine must be consigned under the entry
``Engine, internal combustion, flammable gas powered'' or ``Engine,
internal combustion, flammable liquid powered'' or ``Vehicle, flammable
gas powered'' or ``Vehicle, flammable liquid powered,'' as appropriate.
These entries include hybrid electric vehicles powered by both an
internal combustion engine and batteries. Additionally, self-propelled
vehicles or equipment that contain a fuel cell engine must be consigned
under the entries ``Engine, fuel cell, flammable gas powered'' or
``Engine, fuel cell, flammable liquid powered'' or ``Vehicle, fuel
cell, flammable gas powered'' or ``Vehicle, fuel cell, flammable liquid
powered,'' as appropriate. These entries include hybrid electric
vehicles powered by a fuel cell engine, an internal combustion engine,
and batteries.
    135 Internal combustion engines installed in a vehicle must be
consigned under the entries ``Vehicle, flammable gas powered'' or
``Vehicle, flammable liquid powered,'' as appropriate. These entries
include hybrid electric vehicles powered by both an internal combustion
engine and wet, sodium or lithium batteries installed. If a fuel cell
engine is installed in a vehicle, the vehicle must be consigned using
the entries ``Vehicle, fuel cell, flammable gas powered'' or ``Vehicle,
fuel cell, flammable liquid powered,'' as appropriate. These entries
include hybrid electric vehicles powered by a fuel cell, an internal
combustion engine, and wet, sodium or lithium batteries installed.
* * * * *
    149 Except for transportation by aircraft, when transported as a
limited quantity or a consumer commodity, the maximum net capacity
specified in Sec.  173.150(b)(2) of this subchapter for inner
packagings may be increased to 5 L (1.3 gallons).
* * * * *
    167 These storage systems must always be considered as containing
hydrogen. A metal hydride storage system installed in or intended to be
installed in a vehicle or equipment or in vehicle or equipment
components must be approved for transport by the Associate
Administrator. A copy of the approval must accompany each shipment.
* * * * *
    198 Nitrocellulose solutions containing not more than 20%
nitrocellulose may be transported as paint, perfumery products, or
printing ink, as applicable, provided the nitrocellulose contains no
more 12.6% nitrogen (by dry mass). See UN1210, UN1263, UN1266, UN3066,
UN3469, and UN3470.
* * * * *
    340 This entry applies only to the vessel transportation of nickel-
metal hydride batteries as cargo. Nickel-metal hydride button cells or
nickel-metal hydride cells or batteries packed with or contained in
battery-powered devices transported by vessel are not subject to the
requirements of this special provision. See ``Batteries, dry, sealed,
n.o.s.'' in the Sec.  172.101 Hazardous Materials Table (HMT) of this
part for transportation requirements for nickel-metal hydride batteries
transported by other modes and for nickel-metal hydride button cells or
nickel-metal hydride cells or batteries packed with or contained in
battery-powered devices transported by vessel. Nickel-metal hydride
batteries subject to this special provision are subject only to the
following requirements: (1) The batteries must be prepared and packaged
for transport in a manner to prevent a dangerous evolution of heat,
short circuits, and damage to terminals; and are subject to the
incident reporting in accordance with Sec.  171.16 of this subchapter
if a fire, violent rupture, explosion or dangerous evolution of heat
(i.e., an amount of heat sufficient to be dangerous to packaging or
personal safety to include charring of packaging, melting of packaging,
scorching of packaging, or other evidence) occurs as a direct result of
a nickel metal hydride battery; and (2) when loaded in a cargo
transport unit in a total quantity of 100 kg gross mass or more, the
shipping paper requirements of Subpart C of this part, the manifest
requirements of Sec.  176.30 of this subchapter, and the vessel stowage
requirements assigned to this entry in Column (10) of the Sec.  172.101
Hazardous Materials Table.
* * * * *
    342 Glass inner packagings (such as ampoules or capsules) intended
only for use in sterilization devices, when containing less than 30 mL
of ethylene oxide per inner packaging with not more than 300 mL per
outer packaging, may be transported in accordance with Sec.  173.4a of
this subchapter, irrespective of the restriction of Sec.  173.4a(b)
provided that:
    a. After filling, each glass inner packaging must be determined to
be leak-tight by placing the glass inner packaging in a hot water bath
at a temperature and for a period of time sufficient to ensure that an
internal pressure equal to the vapor pressure of ethylene oxide at 55
[deg]C is achieved. Any glass inner packaging showing evidence of
leakage, distortion or other defect under this test must not be
transported under the terms of this special provision;
    b. In addition to the packaging required in Sec.  173.4a, each
glass inner packaging must be placed in a sealed plastic bag compatible
with ethylene oxide and capable of containing the contents in the event
of breakage or leakage of the glass inner packaging; and
    c. Each glass inner packaging is protected by a means of preventing
puncture of the plastic bag (e.g., sleeves or cushioning) in the event
of damage to the packaging (e.g., by crushing).
    343 A bulk packaging that emits hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard must be marked as specified in Sec.  172.327of this
part.
    345 ``Nitrogen, refrigerated liquid (cryogenic liquid), UN1977''
transported in open cryogenic receptacles with a maximum capacity of 1
L are not subject to the requirements of this subchapter. The
receptacles must be constructed with glass double walls having the
space between the walls vacuum insulated and each receptacle must be
transported in an outer packaging with sufficient cushioning and
absorbent materials to protect the receptacle from damage.
    346 ``Nitrogen, refrigerated liquid (cryogenic liquid), UN1977''
transported in accordance with the requirements for open cryogenic
receptacles in Sec.  173.320 and this special provision are not subject
to any other requirements of this subchapter. The receptacle must
contain no hazardous materials other than the

liquid nitrogen which must be fully absorbed in a porous material in
the receptacle.
    347 Effective July 1, 2011, for transportation by aircraft, this
entry may only be used if the results of Test series 6(d) of Part I of
the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this
subchapter) have demonstrated that any hazardous effects from
accidental functioning are confined to within the package. Effective
January 1, 2012, for transportation by vessel, this entry may only be
used if the results of Test Series 6(d) of Part I of the UN Manual of
Tests and Criteria (IBR, see Sec.  171.7 of this subchapter) have
demonstrated that any hazardous effects from accidental functioning are
confined to within the package. Effective January 1, 2014, for
transportation domestically by highway or rail, this entry may only be
used if the results of Test Series 6(d) of Part I of the UN Manual of
Tests and Criteria (IBR, see Sec.  171.7 of this subchapter) have
demonstrated that any hazardous effects from accidental functioning are
confined to within the package. Testing must be performed or witnessed
by a person who is approved by the Associate Administrator (see Sec.
173.56(b) of this subchapter). All successfully conducted tests or
reassignment to another compatibility group require the issuance of a
new or revised approval by the Associate Administrator prior to
transportation on or after the dates specified for each authorized mode
of transport in this special provision.
    349 Mixtures of hypochlorite with an ammonium salt are forbidden
for transport. A hypochlorite solution, UN1791, is a Class 8 corrosive
material.
    350 Ammonium bromate, ammonium bromate aqueous solutions, and
mixtures of a bromate with an ammonium salt are forbidden for
transport.
    351 Ammonium chlorate, ammonium chlorate aqueous solutions, and
mixtures of a chlorate with an ammonium salt are forbidden for
transport.
    352 Ammonium chlorite, ammonium chlorite aqueous solutions, and
mixtures of a chlorite with an ammonium salt are forbidden for
transport.
    353 Ammonium permanganate, ammonium permanganate aqueous solutions,
and mixtures of a permanganate with an ammonium salt are forbidden for
transport.
    357 A bulk packaging that emits hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard must be marked as specified in Sec.  172.327 of this
part.
    (2) * * *

Code/Special Provisions

* * * * *
    A112 Notwithstanding the quantity limits shown in Column (9A) and
(9B) for this entry, the following IBCs are authorized for
transportation aboard passenger and cargo-only aircraft. Each IBC may
not exceed a maximum net quantity of 1,000 kg:
    a. Metal: 11A, 11B, 11N, 21A, 21B and 21N
    b. Rigid plastics: 11H1, 11H2, 21H1 and 21H2
    c. Composite with plastic inner receptacle: 11HZ1, 11HZ2, 21HZ1 and
21HZ2
    d. Fiberboard: 11G
    e. Wooden: 11C, 11D and 11F (with inner liners)
    f. Flexible: 13H2, 13H3, 13H4, 13H5, 13L2, 13L3, 13L4, 13M1 and
13M2 (flexible IBCs must be sift-proof and water resistant or must be
fitted with a sift-proof and water resistant liner).
* * * * *
    (4) * * *

                      Table 1--IB Codes (IBC Codes)
------------------------------------------------------------------------
           IBC code                         Authorized IBCs
------------------------------------------------------------------------
IB1..........................  Authorized IBCs: Metal (31A, 31B and
                                31N).
                               Additional Requirement: Only liquids with
                                a vapor pressure less than or equal to
                                110 kPa at 50 [deg]C (1.1 bar at 122
                                [deg]F), or 130 kPa at 55 [deg]C (1.3
                                bar at 131 [deg]F) are authorized.
IB2..........................  Authorized IBCs: Metal (31A, 31B and
                                31N); Rigid plastics (31H1 and 31H2);
                                Composite (31HZ1).
                               Additional Requirement: Only liquids with
                                a vapor pressure less than or equal to
                                110 kPa at 50 [deg]C (1.1 bar at 122
                                [deg]F), or 130 kPa at 55 [deg]C (1.3
                                bar at 131 [deg]F) are authorized.
IB3..........................  Authorized IBCs: Metal (31A, 31B and
                                31N); Rigid plastics (31H1 and 31H2);
                                Composite (31HZ1 and 31HA2, 31HB2,
                                31HN2, 31HD2 and 31HH2).
                               Additional Requirement: Only liquids with
                                a vapor pressure less than or equal to
                                110 kPa at 50 [deg]C (1.1 bar at 122
                                [deg]F), or 130 kPa at 55 [deg]C (1.3
                                bar at 131 [deg]F) are authorized,
                                except for UN2672 (also see Special
                                Provision IP8 in Table 2 for UN2672).
IB4..........................  Authorized IBCs: Metal (11A, 11B, 11N,
                                21A, 21B and 21N).
IB5..........................  Authorized IBCs: Metal (11A, 11B, 11N,
                                21A, 21B and 21N); Rigid plastics (11H1,
                                11H2, 21H1, 21H2, 31H1 and 31H2);
                                Composite (11HZ1, 21HZ1 and 31HZ1).
IB6..........................  Authorized IBCs: Metal (11A, 11B, 11N,
                                21A, 21B and 21N); Rigid plastics (11H1,
                                11H2, 21H1, 21H2, 31H1 and 31H2);
                                Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2,
                                31HZ1 and 31HZ2).
                               Additional Requirement: Composite IBCs
                                11HZ2 and 21HZ2 may not be used when the
                                hazardous materials being transported
                                may become liquid during transport.
IB7..........................  Authorized IBCs: Metal (11A, 11B, 11N,
                                21A, 21B and 21N); Rigid plastics (11H1,
                                11H2, 21H1, 21H2, 31H1 and 31H2);
                                Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2,
                                31HZ1 and 31HZ2); Wooden (11C, 11D and
                                11F).
                               Additional Requirement: Liners of wooden
                                IBCs must be sift-proof.
IB8..........................  Authorized IBCs: Metal (11A, 11B, 11N,
                                21A, 21B and 21N); Rigid plastics (11H1,
                                11H2, 21H1, 21H2, 31H1 and 31H2);
                                Composite (11HZ1, 11HZ2, 21HZ1, 21HZ2,
                                31HZ1 and 31HZ2); Fiberboard (11G);
                                Wooden (11C, 11D and 11F); Flexible
                                (13H1, 13H2, 13H3, 13H4, 13H5, 13L1,
                                13L2, 13L3, 13L4, 13M1 or 13M2).
IB9..........................  IBCs are only authorized if approved by
                                the Associate Administrator.
------------------------------------------------------------------------

* * * * *
    (7) * * *
    (ii) The following table specifies the portable tank requirements
applicable to ``T'' Codes T1 through T22. Column 1 specifies the ``T''
Code. Column 2 specifies the minimum test pressure, in bar (1 bar =
14.5 psig), at which the periodic hydrostatic testing required by Sec.
180.605 of this subchapter must be conducted. Column 3 specifies the
section reference for minimum shell thickness or, alternatively, the
minimum shell thickness value. Column 4 specifies the applicability of
Sec.  178.275(g)(3) of this subchapter for the pressure relief devices.
When the word ``Normal'' is indicated, Sec.  178.275(g)(3) of this
subchapter does not apply. Column 5 references applicable requirements
for bottom openings in part 178 of this

subchapter. ``Prohibited'' means bottom openings are prohibited, and
``Prohibited for liquids'' means bottom openings are authorized for
solid material only. The table follows:

                                      Table of Portable Tank T Codes T1-T22
   [Portable tank codes T1-T22 apply to liquid and solid hazardous materials of Classes 3 through 9 which are
                                         transported in portable tanks.]
----------------------------------------------------------------------------------------------------------------
                                               Minimum shell thickness    Pressure relief       Bottom opening
Portable tank instruction     Minimum test     (in mm-reference steel)   requirements (See    requirements (See
                             pressure (bar)    (See Sec.   178.274(d))   Sec.   178.275(g))   Sec.   178.275(d))
(1)                                      (2)  (3).....................  (4)................  (5)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
T9.......................                  4  6 mm....................  Normal.............  Prohibited for
                                                                                liquids.
                                                                                Sec.
                                                                                178.275(d)(2)

                                                  * * * * * * *

T21......................                 10  10 mm...................  Normal.............  Prohibited for
                                                                                liquids.
                                                                                Sec.
                                                                                178.275(d)(2)

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

* * * * *
    (8) * * *

Code/Special Provisions

* * * * *
    TP36 For material assigned this portable tank special provision,
portable tanks used to transport such material may be equipped with
fusible elements in the vapor space of the portable tank.
* * * * *
    (9) * * *

Code/Special Provisions

    W1 This substance in a non friable prill or granule form is not
subject to the requirements of this subchapter when tested in
accordance with the UN Manual of Test and Criteria (IBR, see Sec.
171.7 of this subchapter) and is found to not meet the definition or
criteria for inclusion in Division 5.1.
* * * * *

0
9. In Sec.  172.200, paragraph (b)(3) is revised to read as follows:

Sec.  172.200  Applicability.

* * * * *
    (b) * * *
    (3) A limited quantity package unless the material is offered or
intended for transportation by air or vessel and, until December 31,
2013, a package of ORM-D material authorized by this subchapter in
effect on October 1, 2010 when offered for transportation by highway or
rail.
* * * * *

0
10. In Sec.  172.203, paragraph (b) is revised to read as follows:

Sec.  172.203  Additional description requirements.

* * * * *
    (b) Limited quantities. When a shipping paper is required by this
subchapter, the description for a material offered for transportation
as ``limited quantity,'' as authorized by this subchapter, must include
the words ``Limited Quantity'' or ``Ltd Qty'' following the basic
description.
* * * * *

0
11. In Sec.  172.300, paragraph (c) is added to read as follows:

Sec.  172.300  Applicability.

* * * * *
    (c) Unless otherwise provided in a specific rule, stocks of
preprinted packagings marked in accordance with this subpart prior to
the effective date of a final rule may be continued in use, in the
manner previously authorized, until depleted or for a one-year period
subsequent to the compliance date of the marking amendment, whichever
is less.

0
12. In Sec.  172.301, paragraph (a)(1) is revised to read as follows:

Sec.  172.301  General marking requirements for non-bulk packagings.

    (a) Proper shipping name and identification number. (1) Except as
otherwise provided by this subchapter, each person who offers a
hazardous material for transportation in a non-bulk packaging must mark
the package with the proper shipping name and identification number
(preceded by ``UN'', ``NA'' or ``ID,'' as appropriate) for the material
as shown in the Sec.  172.101 Table.
* * * * *

0
13. In Sec.  172.312, paragraph (c)(5) is revised to read as follows:

Sec.  172.312  Liquid hazardous materials in non-bulk packagings.

* * * * *
    (c) * * *
    (5) A non-bulk package with hermetically sealed inner packagings
not exceeding 500 mL each.
* * * * *

0
14. Section 172.315 is revised to read as follows:

Sec.  172.315  Limited quantities.

    (a) Except for transportation by aircraft or as otherwise provided
in this subchapter, a package containing a limited quantity of
hazardous material is not required to be marked with the proper
shipping name and identification (ID) number when marked in accordance
with the white square-on-point limited quantity marking as follows:
    (1) The limited quantity marking must be durable, legible and of a
size relative to the package that is readily visible. The marking must
be applied on at least one side or one end of the outer packaging. The
width of the border forming the square-on-point must be at least 2 mm
and the minimum dimension of each side must be 100 mm unless the
package size requires a reduced size marking that must be no less than
50 mm on each side. When intended for transportation by vessel, a cargo
transport unit (see Sec.  176.2 of this

subchapter) containing only limited quantity material must be suitably
marked on one side or end of the exterior of the unit with an identical
mark except that it must have minimum dimensions of 250 mm on each
side.
    (2) The top and bottom portions of the square-on-point and the
border forming the square-on-point must be black and the center white
or of a suitable contrasting background as follows:
[GRAPHIC] [TIFF OMITTED] TR19JA11.032

    (b) For transportation by aircraft, a limited quantity package
conforming to Table 3 of Sec.  173.27(f) of this subchapter must be
marked as follows:
    (1) The marking must be durable, legible and of a size relative to
the package as to be readily visible. The marking must be applied on at
least one side or one end of the outer packaging. The width of the
border forming the square-on-point must be at least 2 mm and the
minimum dimension of each side must be 100 mm unless the package size
requires a reduced size marking that must be no less than 50 mm on each
side.
    (2) The top and bottom portions of the square-on-point and the
border forming the square-on-point must be black and the center white
or of a suitable contrasting background and the symbol ``Y'' must be
black and located in the center of the square-on-point and be clearly
visible as follows:
[GRAPHIC] [TIFF OMITTED] TR19JA11.033

    (c) As applicable, package markings required by this subpart (e.g.,
technical name, ``RQ'') must be in association with the marking
required by paragraph (a) or (b) of this section.
    (d) Transitional exception. Except for transportation by aircraft,
until December 31, 2013, a package properly marked in accordance with
Sec.  172.316 is not required to be marked with the limited quantity
marking required by this section. For transportation by aircraft, until
December 31, 2012, a package properly marked in accordance with Sec.
172.316 is not required to be marked with the limited quantity marking
required by this section.

0
15. In Sec.  172.316, paragraphs (a)(1) and (2) are revised to read as
follows:

Sec.  172.316  Packagings containing materials classed as ORM-D.

    (a) * * *
    (1) Until December 31, 2012, ORM-D-AIR for an ORM-D that is
prepared for air shipment and packaged in accordance with Sec. Sec.
173.63, 173.150 through 173.155, 173.306 and the applicable
requirements in Sec.  173.27.
    (2) Until December 31, 2013, ORM-D for an ORM-D that is packaged in
accordance with Sec. Sec.  173.63, 173.150 through 173.155 and 173.306.
* * * * *

0
16. In Sec.  172.322, paragraph (d)(4) is added to read as follows:

Sec.  172.322  Marine pollutants.

* * * * *
    (d) * * *
    (4) On a package of limited quantity material marked in accordance
with Sec.  172.315 of this part.
* * * * *

0
17. In Sec.  172.324,
0
a. The first sentence in paragraph (a) is revised;
0
b. Paragraph (b) is revised; and
0
c. Paragraph (c) is added.
    The revisions and addition read as follows:

Sec.  172.324  Hazardous substances in non-bulk packagings.

* * * * *
    (a) Except for packages of radioactive material labeled in
accordance with Sec.  172.403, if the proper shipping name of a
material that is a hazardous substance does not identify the hazardous
substance by name, the name of the hazardous substance must be marked
on the package, in parentheses, in association with the proper shipping
name. * * *
    (b) The letters ``RQ'' must be marked on the package in association
with the proper shipping name.
    (c) A package of limited quantity material marked in accordance
with Sec.  172.315 must also be marked in accordance with the
applicable requirements of this section.

0
18. In Sec.  172.326, in paragraph (a), a second sentence is added to
read as follows:

Sec.  172.326  Portable tanks.

    (a) Shipping name. * * * For transportation by vessel, the minimum
height for a proper shipping name marked on a portable tank is 65 mm
(2.5 inches).
* * * * *

0
19. In Subpart D, Sec.  172.327 is added to read as follows:

Sec.  172.327  Petroleum sour crude oil in bulk packaging.

    A Bulk packaging used to transport petroleum crude oil containing
hydrogen sulfide (i.e., sour crude oil) in sufficient concentration
that vapors evolved from the crude oil may present an inhalation hazard
must include a marking, label, tag, or sign to warn of the toxic hazard
as follows:
    (a) The marking must be durable, legible and of a size relative to
the package as to be readily visible and similar to the illustration
shown in this paragraph with the minimum dimension of each side of the
marking at least 100 mm (3.9 inches). The width of the border forming
the square-on-point marking must be at least 5 mm. The marking must be
displayed at each location (e.g., manhole, loading head) where exposure
to hydrogen sulfide vapors may occur.
    (b) The border of the square-on-point must be black or red on a
white or other suitable contrasting background. The symbol must be
black and located in the center of the square-on-point and be clearly
visible as follows:
[GRAPHIC] [TIFF OMITTED] TR19JA11.034

    (c) As an alternative to the marking required in (a) and (b) of
this section, a label, tag, or sign may be displayed at each location
(e.g., manhole, loading head) where exposure to hydrogen sulfide vapors
may occur. The label, tag, or sign must be durable, in English, and
printed legibly and of a size relative to the package with a warning
statement such as ``Danger, Possible Hydrogen Sulfide Inhalation
Hazard'' to communicate the possible risk of exposure to harmful
concentrations of hydrogen sulfide gas.

0
20. In Sec.  172.500, paragraph (b)(3) is revised to read as follows:

Sec.  172.500  Applicability of placarding requirements.

* * * * *
    (b) * * *
    (3) Hazardous materials authorized by this subchapter to be offered
for transportation as a limited quantity when identified as such on a
shipping paper in accordance with Sec.  172.203(b) or when marked as
such in accordance with Sec.  172.315.

0
21. In Sec.  172.502, paragraph (b)(2) is revised to read as follows:

Sec.  172.502  Prohibited and permissive placarding.

* * * * *
    (b) * * *
    (2) The restrictions of paragraph (a) of this section do not apply
to the display of a BIOHAZARD marking, a ``HOT''

marking, a sour crude oil hazard marking, or an identification number
on a white square-on-point configuration in accordance with Sec. Sec.
172.323(c), 172.325(c), 172.327(a), or 172.336(b) of this part,
respectively.
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
22. The authority citation for part 173 continues to read as follows:

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

0
23. In Sec.  173.4, paragraphs (a) introductory text and (c) are
revised and paragraph (a)(1)(v) is added to read as follows:

Sec.  173.4  Small quantities for highway and rail.

    (a) When transported domestically by highway or rail in conformance
with this section, quantities of Division 2.2 (except aerosols with no
subsidiary hazard), Class 3, Division 4.1, Division 4.2 (PG II and
III), Division 4.3 (PG II and III), Division 5.1, Division 5.2,
Division 6.1, Class 7, Class 8, and Class 9 materials are not subject
to any other requirements when--
    (1) * * *
    (v) Thirty (30) mL water capacity (1.8 cubic inches) for authorized
Division 2.2 materials.
* * * * *
    (c) Packages which contain a Class 2 (other than those authorized
in paragraph (a) of this section), Division 4.2 (PG I), or Division 4.3
(PG I) material conforming to paragraphs (a)(1) through (10) of this
section may be offered for transportation or transported if approved by
the Associate Administrator.
* * * * *

0
24. In Sec.  173.4a, paragraphs (a)(4) and (g)(3) are added and
paragraphs (b)(1), (b)(5), and (d)(3) are revised to read as follows:

Sec.  173.4a  Excepted quantities.

    (a) * * *
    (4) Packagings for which retention of liquid is a basic function
must be capable of withstanding without leakage the pressure
differential specified in Sec.  173.27(c) of this part.
    (b) * * *
    (1) Division 2.2 material with no subsidiary hazard. An aerosol is
not included as authorized Division 2.2 material;
* * * * *
    (5) Division 5.2 materials only when contained in a chemical kit,
first aid kit or a polyester resin kit;
* * * * *
    (d) * * *
    (3) For Division 5.2 material, 500 g (1.1 pounds) for solids or 500
mL (0.1 gallons) for liquids.
* * * * *
    (g) * * *
    (3) When packages of excepted quantities are contained in an
overpack, and the package marking required by this section is not
visible inside the overpack, the excepted quantities marking must also
be placed on the overpack. Additionally, an overpack containing
packages of excepted quantities is not required to be marked with the
word ``OVERPACK.''
* * * * *

0
25. In Sec.  173.4b, paragraph (b) is added to read as follows:

Sec.  173.4b  De minimis exceptions.

* * * * *
    (b) Non-infectious specimens, such as specimens of mammals, birds,
amphibians, reptiles, fish, insects and other invertebrates containing
small quantities of Ethanol (UN1170), Formaldehyde solution, flammable
(UN1198), Alcohols, n.o.s. (UN1987) and Isopropanol (UN1219) are not
subject to the requirements of this subchapter provided the following
packaging, marking and documentation provisions, as applicable, are
met:
    (1) The specimens are:
    (i) Wrapped in a paper towel or cheesecloth moistened with alcohol
or an alcohol solution and placed in a plastic bag that is heat-sealed.
Any free liquid in the bag must not exceed 30 mL; or
    (ii) Placed in vials or other rigid containers with no more than 30
mL of alcohol or alcohol solution. The containers are placed in a
plastic bag that is heat-sealed;
    (2) The bagged specimens are placed in another plastic bag with
sufficient absorbent material to absorb the entire liquid contents
inside the primary receptacle. The outer plastic bag is then heat-
sealed;
    (3) The completed bag is placed in a strong outer packaging with
sufficient cushioning material that conforms to subpart B of part 173;
    (4) The aggregate net quantity of flammable liquid in one outer
packaging may not exceed 1 L; and
    (5) The outer package must be legibly marked ``Scientific research
specimens, 49 CFR 173.4b applies.''
    (6) Documentation. (i) For transportation by highway or rail, no
shipping paper is required.
    (ii) For transport by air, a shipping paper is not required, except
that, if a document such as an air waybill accompanies a shipment of
specimens containing hazardous materials excepted under the terms of
this section, the document must include the statement ``Scientific
research specimens, 49 CFR 173.4b applies'' and the number of packages
indicated.
    (iii) For transport by vessel, a shipping paper is not required;
however, the Dangerous Cargo Manifest must include the statement
``Scientific research specimens, 49 CFR 173.4b applies'' and the number
of packages indicated. Vessel stowage is the same as for hazardous
materials in excepted quantities.
    (7) Training. Each person who offers or transports excepted
quantities of hazardous materials must know about the requirements of
this section.
    (8) Restrictions. For transportation by aircraft, hazardous
material packaged in accordance with this section may not be carried in
checked or carry-on baggage by a passenger or crew member.

0
26. In Sec.  173.25, paragraph (a)(6) is added to read as follows:

Sec.  173.25  Authorized packagings and overpacks.

    (a) * * *
    (6) Where packages of limited quantity materials are overpacked
and, until December 31, 2012 or December 31, 2013, packages bearing the
ORM-D AIR or ORM-D marking, respectively, must be marked ``OVERPACK''
unless all marking required by this section are visible. Where packages
of excepted quantities (see Sec.  173.4a of this part) are overpacked
and all required markings are not visible through the overpack, they
must be repeated on the overpack. An overpack containing packages of
excepted quantities is not required to be marked ``OVERPACK.''
* * * * *

0
27. In Sec.  173.27, remove paragraph (f) introductory text and add
paragraphs (f)(1) through (3) and table 3 to read as follows:

Sec.  173.27  General requirements for transportation by aircraft.

* * * * *
    (f) Combination packagings. (1) Excepted quantities. For authorized
materials and inner and outer package quantity limits for combination
packages of excepted quantities intended for transportation by
aircraft, see Sec.  173.4a of this part. Unless otherwise specified in
this part, or in Subpart C of part 171 of this subchapter, when
combination packagings are intended for transportation aboard an

aircraft, inner packagings must conform to the quantity limitations set
forth in table 1 of this paragraph for transport aboard passenger-
carrying aircraft and table 2 of this paragraph for transport aboard
cargo-only aircraft.
    (2) Limited quantities. (i) Unless otherwise specified in this
part, or in Subpart C of Part 171 of this subchapter, when a limited
quantity of authorized hazardous material packaged in a combination
packaging is intended for transportation aboard an aircraft, the inner
packagings must conform to the quantity limitations set forth in table
3 of this paragraph. Materials must be authorized for transportation
aboard a passenger-carrying aircraft (see Column (9A) of the Sec.
172.101 Hazardous Materials Table). Substances or articles not
authorized as limited quantity by aircraft are:
    (A) Those in Packing Group I;
    (B) Class 1 (explosive) and Class 7 (radioactive) material;
    (C) Divisions 2.1 (flammable gas) (except Aerosols (UN1950) and
Receptacles, small (UN2037) without subsidiary risk) and Division 2.3
(toxic gas);
    (D) Divisions 4.1 (self-reactive), 4.2 (spontaneously combustible)
(primary or subsidiary risk), and 4.3 (dangerous when wet) (liquids);
    (E) Division 5.2 (organic peroxide) (except when contained in a
Chemical or First aid kit (UN3316) or Polyester resin kit (UN3269)
(Types D, E and F non-temperature controlled only));
    (F) Class 8 (corrosive) materials UN2794, UN2795, UN2803, UN2809,
3028; and
    (G) All Class 9 (miscellaneous) materials except for UN1941,
UN1990, UN2071, UN3077, UN3082, UN3316.
    (ii) Effective January 1, 2012, packages must be marked with the
limited quantity ``Y'' mark as prescribed in Sec.  172.315 of this part
when conforming to Table 3 of this paragraph. Until December 31, 2012,
a package may instead be marked with the proper shipping name
``Consumer commodity'' and ``ORM-D-AIR'' (including ``Charcoal, NA1361)
if it contains a consumer commodity, as authorized by this subchapter
in effect on October 1, 2010.
    (iii) Strong outer packagings are required and a completed package
may not exceed 30 kg (66 lbs) gross weight.
    (iv) A secondary means of closure required for all liquids
contained in inner packagings. If this requirement cannot be satisfied,
the use of an intermediate and leakproof form of containment, such as a
liner, is required.
    (v) Packages must be capable of passing a 1.2 m drop test on to a
rigid, non-resilient, flat and horizontal surface, in the position most
likely to cause damage. The criteria for passing the test is that the
outer packaging must not exhibit any damage affecting safety in
transport and there must be no leakage from the inner packagings.
    (vi) Each package must be capable of withstanding, without breakage
or leakage of any inner packaging, a force applied to the top surface
for a duration of 24 hours equivalent to the total weight of identical
packages if stacked to a height of 3 m (including the test sample).
    (vii) Except for UN3082, inner packagings of combination packagings
containing liquids must be capable of passing the appropriate pressure
differential test prescribed in paragraph (c) of this section.
    (3) The tables are as follows:
* * * * *

  Table 3--Maximum Net Quantity of Each Inner Packaging for Materials Authorized for Transportation as Limited
                                              Quantity by Aircraft
----------------------------------------------------------------------------------------------------------------
                                    Maximum authorized net  quantity of
                                           each inner packaging
                                 ---------------------------------------- Maximum authorized
    Hazard class or division      Glass, earthenware                        net quantity of          Notes
                                    or fiber inner     Metal or  plastic  each outer package
                                      packagings       inner packagings
----------------------------------------------------------------------------------------------------------------
Class 1.........................                                                              Forbidden. See
                                                                                Sec.   173.63.
Class 2.........................                                          30 kg Gross.......  Authorized
                                                                                materials:
                                                                                Aerosols (UN1950)
                                                                                in Divisions 2.1
                                                                                and 2.2, and
                                                                                Receptacles,
                                                                                small (UN2037) in
                                                                                Divisions 2.1 and
                                                                                2.2 without
                                                                                subsidiary risk
                                                                                and Fuel cells
                                                                                cartridges
                                                                                (UN3478, UN3479),
                                                                                see Sec.
                                                                                173.230 of this
                                                                                part.
Class 3.........................  PG I: Forbidden...
                                  PG II: 0.5L.......  PG II: 0.5L.......  PG II: 1L*........  *Maximum net
                                                                                quantity per
                                                                                outer package
                                                                                with corrosive
                                                                                subsidiary risk
                                                                                (e.g., UN2924,
                                                                                UN3286) is 0.5L.
                                                                                For Class 3
                                                                                materials
                                                                                contained in a
                                                                                Polyester resin
                                                                                kit (UN3269), see
                                                                                Sec.   173.165 of
                                                                                this part. For
                                                                                Fuel cell
                                                                                cartridges
                                                                                containing
                                                                                flammable liquids
                                                                                (UN3473), see
                                                                                Sec.   173.230 of
                                                                                this part.
                                  PG III: 2.5L*.....  PG III: 5.0L*.....  PG III: 10L*......  *Maximum net
                                  *Corrosive          *Corrosive                               quantity per
                                   subsidiary risk     subsidiary risk                         outer package
                                   (e.g., UN2924) or   (e.g., UN2924) or                       with corrosive
                                   toxic (e.g.,        toxic (e.g.,                            subsidiary risk
                                   UN1992) is 1L.      UN1992) is 1L.                          (e.g., UN2924) is
                                                                                1L and toxic
                                                                                subsidiary risk
                                                                                (e.g., UN1992) is
                                                                                2L.
Division 4.1 (does not include    PG I: Forbidden...
 self-reactive material).
                                  PG II: 0.5 kg.....  PG II: 0.5 kg.....  PG II: 5 kg*......  *Maximum net
                                                                                quantity per
                                                                                outer package
                                                                                with toxic
                                                                                subsidiary risk
                                                                                (e.g., UN3179) is
                                                                                1 kg.
                                  PG III: 1 kg......  PG III: 1 kg......  PG III: 10 kg*....  *Maximum net
                                                                                quantity per
                                                                                outer package
                                                                                with corrosive
                                                                                subsidiary risk
                                                                                (e.g., UN3180) is
                                                                                5 kg.

Division 4.2 (Primary or          Forbidden*........  ..................  25 kg (net mass)*.  *Until December
 subsidiary).                                                                                31, 2012,
                                                                                Charcoal
                                                                                (NA1361), PG III,
                                                                                may be
                                                                                transported as a
                                                                                limited quantity
                                                                                and may be
                                                                                renamed Consumer
                                                                                commodity and
                                                                                reclassed ORM-D-
                                                                                AIR, if eligible.
Division 4.3 (solid material      PG I solids and
 only).                            all liquids
                                   regardless of
                                   Packing Group:
                                   Forbidden.
                                  PG II: 0.5 kg.....  PG II: 0.5 kg.....  PG II: 5 kg*......  *Maximum net
                                                                                quantity per
                                                                                outer package
                                                                                with toxic
                                                                                subsidiary risk
                                                                                (e.g., UN3134) is
                                                                                1 kg. For fuel
                                                                                cell cartridges
                                                                                containing water
                                                                                reactive
                                                                                substances
                                                                                (UN3476), see
                                                                                Sec.   173.230 of
                                                                                this part.
                                  PG III: 1 kg......  PG III: 1 kg......  PG III: 10 kg*....  *Maximum net
                                                                                quantity per
                                                                                outer package
                                                                                with corrosive or
                                                                                flammable
                                                                                subsidiary risk
                                                                                (e.g., UN3131 or
                                                                                UN3132,
                                                                                respectively) is
                                                                                5 kg.
Division 5.1 (Liquid or solid     PG I: Forbidden...
 material).
Division 5.1 (liquid material)..  PG II: 0.1L.......  PG II: 0.1L.......  PG II: 0.5L.......
                                  PG III: 0.5L......  PGIII: 0.5L.......  PG III: 1.0L......
Division 5.1 (solid material)...  PG II: 0.5 kg.....  PG II: 0.5 kg.....  PG II: 2.5 kg*....  *Maximum net
                                                                                quantity per
                                                                                outer package
                                                                                with toxic
                                                                                subsidiary risk
                                                                                (e.g., UN3087) is
                                                                                1 kg.
                                  PG III: 1.0 kg....  PG III: 1.0 kg....  PG III: 10 kg*....  *Maximum net
                                                                                quantity per
                                                                                outer package
                                                                                with corrosive
                                                                                subsidiary risk
                                                                                (e.g., UN3085) is
                                                                                1 kg.
Division 5.2 (liquid material)..  30 mL.............  30 mL.............  1 kg..............  Authorized
                                                                                materials: Types
                                                                                D, E and F are
                                                                                authorized only
                                                                                as part of a
                                                                                Chemical or First
                                                                                aid kit (UN3316)
                                                                                in accordance
                                                                                with Sec.
                                                                                173.161 of this
                                                                                part or a
                                                                                Polyester resin
                                                                                kit (UN3269) in
                                                                                accordance with
                                                                                Sec.   173.165 of
                                                                                this part.
Division 5.2 (solid material)...  100g..............  100g..............  1 kg..............
Division 6.1....................  PG I (Inhalation
                                   or otherwise):
                                   Forbidden.
Division 6.1 (liquid material)..  PG II: 0.1L.......  PG II: 0.1L.......  PG II: 1.0L*......  *Maximum net
                                                                                quantity per
                                                                                outer package
                                                                                with corrosive
                                                                                subsidiary risk
                                                                                (e.g., UN3289) is
                                                                                0.5L.
                                  PG III: 0.5L......  PGIII: 0.5L.......  PG III: 2.0L......
Division 6.1 (solid material)...  PG II: 0.5 kg.....  PG II: 0.5 kg.....  PG II: 1.0 kg.....
                                  PG III: 1.0 kg....  PG III: 1.0 kg....  PG III: 10 kg.....
Class 7.........................  Forbidden.........
Class 8.........................  PG I: Forbidden...
Class 8 (liquid material).......  PG II: 0.1L.......  PG II: 0.1L.......  PG II: 0.5L.......  For ``Fuel cell
                                                                                cartridges
                                                                                containing
                                                                                corrosive
                                                                                substances''
                                                                                (UN3477), see
                                                                                Sec.   173.230 of
                                                                                this part.
                                  PG III: 0.5L......  PGIII: 0.5L.......  PG III: 1.0L......
Class 8 (solid material)........  PG II: 0.5 kg.....  PG II: 0.5 kg.....  PG II: 5.0 kg*....  *Maximum net
                                                                                quantity per
                                                                                outer package for
                                                                                UN2430 is 1.0 kg.
                                                                                UN2794, UN2795,
                                                                                UN2803, UN2809,
                                                                                UN3028 are not
                                                                                authorized as
                                                                                limited quantity.
                                  PG III: 1.0 kg....  PG III: 1.0 kg....  PG III: 5.0 kg....
Class 9 (liquid material).......  30 mL (UN3316);     30 mL (UN3316);     1 kg (UN3316); 30   Authorized
                                   5.0L (UN1941,       5.0L (UN1941,       kg (all other       materials:
                                   UN1990, UN3082)     UN1990, UN3082)     authorized Class    UN1941, UN1990,
                                   100 g (UN3316);     100 g (UN3316);     9 material).        UN2071, UN3077,
                                   5.0 kg (UN2071,     5.0 kg (UN2071,                         UN3082, and
                                   UN3077).            UN3077).                                UN3316 only.
                                                                                Additionally,
                                                                                Consumer
                                                                                commodity
                                                                                (ID8000) in
                                                                                accordance with
                                                                                Sec.   173.167 of
                                                                                this part and
                                                                                Chemical kit or
                                                                                First aid kit
                                                                                (UN3316) in
                                                                                accordance with
                                                                                Sec.   173.161of
                                                                                this part are
                                                                                authorized.

Class 9 (solid material)........  100 g (UN3316);     100 g (UN3316);
                                   5.0 kg (UN2071,     5.0 kg (UN2071,
                                   UN3077).            UN3077).
----------------------------------------------------------------------------------------------------------------

* * * * *
0
28. In Sec.  173.40, in paragraph (c)(1), a second sentence is added to
read as follows:

Sec.  173.40  General packaging requirements for toxic materials
packaged in cylinders.

* * * * *
    (c) * * *
    (1) * * * For UN pressure receptacles, each valve must be capable
of withstanding the test pressure of the pressure receptacle and be
connected directly to the pressure receptacle by either a taper thread
or other means which meets the requirements of ISO 10692-2: (IBR, see
Sec.  171.7 of this subchapter).
* * * * *

0
29. In Sec.  173.58, paragraph (a)(5) is revised to read as follows:

Sec.  173.58  Assignment of class and division for new explosives.

    (a) * * *
    (5) Division 1.4 Compatibility Group S (1.4S) if the hazardous
effects are confined within the package or the blast and projection
effects do not significantly hinder emergency response efforts. The UN
Test Type 6(d) is used to determine whether a Division 1.4S
classification is appropriate for an item assigned a proper shipping
name to which special provision 347 (see Sec.  172.102 of this
subchapter) applies; or
* * * * *

0
30. In Sec.  173.59, a definition for ``Phlegmatized'' is added in
alphabetical order to read as follows:

Sec.  173.59  Description of terms for explosives.

* * * * *
    Phlegmatized. The term means that a substance (or ``phlegmatizer'')
has been added to an explosive to enhance its safety in handling and
transport. The phlegmatizer renders the explosive insensitive, or less
sensitive, to the following actions: heat, shock, impact, percussion or
friction. Typical phlegmatizing agents include, but are not limited to:
wax, paper, water, polymers (such as chlorofluoropolymers), alcohol and
oils (such as petroleum jelly and paraffin).
* * * * *

0
31. In Sec.  173.63, paragraph (b) is revised to read as follows:

Sec.  173.63  Packaging exceptions.

* * * * *
    (b) Limited quantities of Cartridges, small arms, and cartridges
power devices. (1)(i) Cartridges, small arms, and Cartridges power
device (used to project fastening devices), that have been classed as
Division 1.4S explosive may be offered for transportation and
transported as limited quantities when packaged in accordance with
paragraph (b)(2) of this section. For transportation by aircraft, the
package must conform to the applicable requirements of Sec.  173.27 of
this part and, effective July 1, 2011, Cartridge, power devices must be
successfully tested under the UN Test Series 6(d) criteria for
reclassification as limited quantity material. Effective January 1,
2012, Cartridge, power devices must be successfully tested under the UN
Test Series 6(d) criteria for reclassification as limited quantity
material for transportation by highway, rail or vessel. Packages
containing such articles must be marked as prescribed in Sec.  172.315.
Packages containing such articles are not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel. Additionally, packages containing
these articles are excepted from the requirements of subparts E
(Labeling) and F (Placarding) of part 172 of this subchapter.
    (ii) Until December 31, 2012, a package containing such articles
may be marked with the proper shipping name ``Cartridges, small arms''
or ``Cartridges, power device (used to project fastening devices)'' and
reclassed as ``ORM-D-AIR'' material if it contains properly packaged
articles as authorized by this subchapter on October 1, 2010.
Additionally, for transportation by aircraft, Cartridge, power devices
must be successfully tested under the UN Test Series 6(d) criteria for
reclassification as ORM-D-AIR material effective July 1, 2011. Until
December 31, 2013, a package containing such articles may be marked
with the proper shipping name ``Cartridges, small arms'' or
``Cartridges, power device (used to project fastening devices)'' and
reclassed as ``ORM-D'' material if it contains properly packaged
articles as authorized by this subchapter on October 1, 2010.
    (iii) Cartridges, small arms and Cartridges power devices that may
be shipped as a limited quantity or ORM-D material are as follows:
    (A) Ammunition for rifle, pistol or shotgun;
    (B) Ammunition with inert projectiles or blank ammunition;
    (C) Ammunition having no tear gas, incendiary, or detonating
explosive projectiles;
    (D) Ammunition not exceeding 12.7 mm (50 caliber or 0.5 inch) for
rifle or pistol, cartridges or 8 gauge for shotshells; and
    (E) Cartridges, power devices which are used to project fastening
devices.
    (2) Packaging for Cartridges, small arms and eligible Cartridge,
power devices as limited quantity or ORM-D material must be as follows:
    (i) Ammunition must be packed in inside boxes, or in partitions
which fit snugly in the outside packaging, or in metal clips;
    (ii) Primers must be protected from accidental initiation;
    (iii) Inside boxes, partitions or metal clips must be packed in
securely-closed strong outside packagings;
    (iv) Maximum gross weight is limited to 30 kg (66 pounds) per
package; and
    (v) Cartridges, power devices which are used to project fastening
devices and 22 caliber rim-fire cartridges may be packaged loose in
strong outside packagings.
* * * * *

0
32. In Sec.  173.120, paragraphs (c)(1)(i) and (ii) are revised to read
as follows:

Sec.  173.120  Class 3--Definitions.

* * * * *
    (c) * * *
    (1) * * *
    (i) For a homogeneous, single-phase, liquid having a viscosity less
than 45 S.U.S. at 38 [deg]C (100 [deg]F) that does not form a surface
film while under test, one of the following test procedures shall be
used:
    (A) Standard Method of Test for Flash Point by Tag Closed Cup
Tester, (ASTM D 56) (IBR; see Sec.  171.7 of this subchapter);
    (B) Standard Test Methods for Flash Point of Liquids by Small Scale
Closed-Cup Apparatus, (ASTM D 3278) (IBR; see Sec.  171.7 of this
subchapter); or
    (C) Standard Test Methods for Flash Point by Small Scale Closed
Tester, (ASTM D 3828) (IBR; see Sec.  171.7 of this subchapter).
    (ii) For a liquid other than one meeting all the criteria of
paragraph (c)(1)(i) of this section, one of the following test
procedures must be used:
    (A) Standard Test Methods for Flash Point by Pensky-Martens Closed
Cup Tester, (ASTM D 93) (IBR; see Sec.  171.7 of this subchapter). For
cutback asphalt, use Method B of ASTM D 93 or alternative tests
authorized in this standard;
    (B) Standard Test Methods for Flash Point of Liquids by Small Scale
Closed-Cup Apparatus (ASTM D 3278) (IBR; see Sec.  171.7 of this
subchapter);
    (C) Determination of Flash/No Flash--Closed Cup Equilibrium Method
(ISO 1516) (IBR; see Sec.  171.7 of this subchapter);
    (D) Determination of Flash point--Closed Cup Equilibrium Method
(ISO 1523) (IBR; see Sec.  171.7 of this subchapter);
    (E) Determination of Flash Point--Pensky-Martens Closed Cup Method
(ISO 2719) (IBR; see Sec.  171.7 of this subchapter);
    (F) Determination of Flash Point--Rapid Equilibrium Closed Cup
Method (ISO 3679) (IBR; see Sec.  171.7 of this subchapter);
    (G) Determination of Flash/No Flash--Rapid Equilibrium Closed Cup
Method (ISO 3680) (IBR; see Sec.  171.7 of this subchapter); or
    (H) Determination of Flash Point--Abel Closed-Cup Method (ISO
13736) (IBR; see Sec.  171.7 of this subchapter).
* * * * *
0
33. In Sec.  173.121, paragraph (a) is revised to read as follows:

Sec.  173.121  Class 3--Assignment of packing group.

    (a)(1) The packing group of a Class 3 material is as assigned in
column 5 of the Sec.  172.101 Table. When the Sec.  172.101 Table
provides more than one packing group for a hazardous material, the
packing group must be determined by applying the following criteria:

------------------------------------------------------------------------
    Packing group     Flash point (closed-cup)    Initial boiling point
------------------------------------------------------------------------
I...................  ........................  <=35[deg]C
                                                (95 [deg]F)
II..................  <23[deg]C (73 [deg]F)...  >35 [deg]C
                                                (95 [deg]F)
III.................  >=23 [deg]C, <=60 [deg]C  >35 [deg]C
                      (>=73 [deg]F, <=140       (95 [deg]F)
                       [deg]F).
------------------------------------------------------------------------

     (2) The initial boiling point of a Class 3 material may be
determined by using one of the following test methods:
    (i) Standard Test Method for Distillation of Petroleum Products at
Atmospheric Pressure (ASTM D 86) (IBR; see Sec.  171.7 of this
subchapter);
    (ii) Standard Test Method for Distillation Range of Volatile
Organic Liquids (ASTM D 1078) (IBR; see Sec.  171.7 of this
subchapter);
    (iii) Petroleum Products--Determination of Distillation
Characteristics at Atmospheric Pressure (ISO 3405) (IBR; see Sec.
171.7 of this subchapter);
    (iv) Petroleum Products--Determination of Boiling Range
Distribution--Gas Chromatography Method (ISO 3924) (IBR; see Sec.
171.7 of this subchapter); or
    (v) Volatile Organic Liquids--Determination of Boiling Range of
Organic Solvents Used as Raw Materials (ISO 4626) (IBR; see Sec.  171.7
of this subchapter).
* * * * *

0
34. In Sec.  173.124, paragraph (b)(2) is revised to read as follows:

Sec.  173.124  Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.

* * * * *
    (b) * * *
    (2) A self-heating material. A self-heating material is a material
that through a process where the gradual reaction of that substance
with oxygen (in air) generates heat. If the rate of heat production
exceeds the rate of heat loss, then the temperature of the substance
will rise which, after an induction time, may lead to self-ignition and
combustion. A material of this type which exhibits spontaneous ignition
or if the temperature of the sample exceeds 200 [deg]C (392 [deg]F)
during the 24-hour test period when tested in accordance with UN Manual
of Tests and Criteria (IBR; see Sec.  171.7 of this subchapter), is
classed as a Division 4.2 material.
* * * * *

0
35. In Sec.  173.136, paragraph (a) is revised to read as follows:

Sec.  173.136  Class 8--Definitions.

    (a) For the purpose of this subchapter, ``corrosive material''
(Class 8) means a liquid or solid that causes full thickness
destruction of human skin at the site of contact within a specified
period of time. A liquid, or a solid which may become liquid during
transportation, that has a severe corrosion rate on steel or aluminum
based on the criteria in Sec.  173.137(c)(2) is also a corrosive
material. Whenever practical, in vitro test methods authorized in Sec.
173.137 of this part or historical data authorized in paragraph (c) of
this section should be used to determine whether a material is
corrosive.
* * * * *

0
36. In Sec.  173.137, in the introductory text, the second sentence is
revised and a third, fourth, and fifth sentence are added to read as
follows:

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

    * * * When the Sec.  172.101 Table provides more than one packing
group for a Class 8 material, the packing group must be determined
using data obtained from tests conducted in accordance with the OECD
Guideline for the Testing of Chemicals, Number 435, ``In Vitro Membrane
Barrier Test Method for Skin Corrosion'' (IBR, see Sec.  171.7 of this
subchapter) or Number 404, ``Acute Dermal Irritation/Corrosion'' (IBR,
see Sec.  171.7 of this subchapter). A material that is determined not
to be corrosive in accordance with OECD Guideline for the Testing of
Chemicals, Number 430, ``In Vitro Skin Corrosion: Transcutaneous
Electrical Resistance Test (TER)'' (IBR, see Sec.  171.7 of this
subchapter) or Number 431, ``In Vitro Skin Corrosion: Human Skin Model
Test'' (IBR, see Sec.  171.7 of this subchapter) may be considered not
to be corrosive to human skin for the purposes of this subchapter
without further testing. However, a material determined to be corrosive
in accordance with Number 430 or Number 431 must be further tested
using Number 435 or Number 404. The packing group assignment using data
obtained from tests conducted in accordance with OECD Guideline Number
404 or Number 435 must be as follows:
* * * * *

0
37. Section 173.144 is revised to read as follows:

Sec.  173.144  Other Regulated Materials (ORM)--Definitions.

    Until December 31, 2013 and for the purposes of this subchapter,
``ORM-D material'' means a material such as a consumer commodity,
cartridges, small

arms or cartridges, power devices which, although otherwise subject to
the regulations of this subchapter, presents a limited hazard during
transportation due to its form, quantity and packaging. It must be a
material for which exceptions are provided in Column (8A) of the Sec.
172.101 Hazardous Materials Table.

0
38. In Sec.  173.150, paragraphs (b) and (c) are revised to read as
follows:

Sec.  173.150  Exceptions for Class 3 (flammable and combustible
liquids).

* * * * *
    (b) Limited quantities. Limited quantities of flammable liquids
(Class 3) and combustible liquids are excepted from labeling
requirements, unless the material is offered for transportation or
transported by aircraft, and are excepted from the specification
packaging requirements of this subchapter when packaged in combination
packagings according to this paragraph. For transportation by aircraft,
the package must also conform to applicable requirements of Sec.
173.27 of this part (e.g., authorized materials, inner packaging
quantity limits and closure securement) and only hazardous material
authorized aboard passenger-carrying aircraft may be transported as a
limited quantity. A limited quantity package that conforms to the
provisions of this section is not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel, and is eligible for the exceptions
provided in Sec.  173.156 of this part. In addition, shipments of
limited quantities are not subject to subpart F (Placarding) of part
172 of this subchapter. Each package must conform to the packaging
requirements of subpart B of this part and may not exceed 30 kg (66
pounds) gross weight. Except for transportation by aircraft, the
following combination packagings are authorized:
    (1) For flammable liquids in Packing Group I, inner packagings not
over 0.5 L (0.1 gallon) net capacity each, packed in a strong outer
packaging;
    (2) For flammable liquids in Packing Group II, inner packagings not
over 1.0 L (0.3 gallons) net capacity each, packed in a strong outer
packaging.
    (3) For flammable liquids in Packing Group III and combustible
liquids, inner packagings not over 5.0 L (1.3 gallons) net capacity
each, packed in a strong outer packaging.
    (c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec.  171.8 of this subchapter, may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.
* * * * *

0
39. In Sec.  173.151, paragraphs (b), (c), and (d) are revised to read
as follows:

Sec.  173.151  Exceptions for Class 4.

* * * * *
    (b) Limited quantities of Division 4.1. (1) Limited quantities of
flammable solids (Division 4.1) in Packing Groups II and III and, where
authorized by this section, charcoal briquettes (Division 4.2) in
Packing Group III, are excepted from labeling requirements, unless the
material is offered for transportation or transported by aircraft, and
are excepted from the specification packaging requirements of this
subchapter when packaged in combination packagings according to this
paragraph. For transportation by aircraft, the package must also
conform to applicable requirements of Sec.  173.27 of this part (e.g.,
authorized materials, inner packaging quantity limits and closure
securement) and only hazardous material authorized aboard passenger-
carrying aircraft may be transported as a limited quantity. A limited
quantity package that conforms to the provisions of this section is not
subject to the shipping paper requirements of subpart C of part 172 of
this subchapter, unless the material meets the definition of a
hazardous substance, hazardous waste, marine pollutant, or is offered
for transportation and transported by aircraft or vessel, and is
eligible for the exceptions provided in Sec.  173.156 of this part. In
addition, shipments of limited quantities are not subject to subpart F
(Placarding) of part 172 of this subchapter. Each package must conform
to the packaging requirements of subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight. Except for transportation by
aircraft, the following combination packagings are authorized:
    (i) For flammable solids in Packing Group II, inner packagings not
over 1.0 kg (2.2 pounds) net capacity each, packed in a strong outer
packaging.
    (ii) For flammable solids in Packing Group III, inner packagings
not over 5.0 kg (11 pounds) net capacity each, packed in a strong outer
packaging.
    (2) For transportation by highway or rail, Charcoal briquettes
(NA1361) may be packaged as a limited quantity in accordance with
paragraph (b) of this section in packagings not exceeding 30 kg gross
weight and are eligible for the exceptions provided in Sec.  173.156.
    (c) Consumer commodities. Until December 31, 2013, a limited
quantity package (including Charcoal briquettes (NA1361)) containing a
``consumer commodity'' as defined in Sec.  171.8 of this subchapter,
may be renamed ``Consumer commodity'' and reclassed as ORM-D or, until
December 31, 2012, ORM-D-AIR material and offered for transportation
and transported in accordance with the applicable provisions of this
subchapter in effect on October 1, 2010. For transportation by
aircraft, the maximum net mass for Charcoal briquettes (NA1361) is 25
kg per package.
    (d) Limited quantities of Division 4.3. Limited quantities of
dangerous when wet solids (Division 4.3) in Packing Groups II and III
are excepted from labeling requirements, unless the material is offered
for transportation or transported by aircraft, and are excepted from
the specification packaging requirements of this subchapter when
packaged in combination packagings according to this paragraph. For
transportation by aircraft, the package must also conform to applicable
requirements of Sec.  173.27 of this part (e.g., authorized materials,
inner packaging quantity limits and closure securement) and only
hazardous material authorized aboard passenger-carrying aircraft may be
transported as a limited quantity. A limited quantity package that
conforms to the provisions of this section is not subject to the
shipping paper requirements of subpart C of part 172 of this
subchapter, unless the material meets the definition of a hazardous
substance, hazardous waste, marine pollutant, or is offered for
transportation and transported by aircraft or vessel, and is eligible
for the exceptions provided in Sec.  173.156 of this part. In addition,
shipments of limited quantities are not subject to subpart F
(Placarding) of part 172 of this subchapter. Each package must conform
to the packaging requirements of subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight. Except for transportation by
aircraft, the following combination packagings are authorized:
    (1) For dangerous when wet solids in Packing Group II, inner
packagings not over 0.5 kg (1.1 pounds) net capacity each, packed in a
strong outer packaging.
    (2) For dangerous when wet solids in Packing Group III, inner
packagings not over 1.0 kg (2.2 pounds) net capacity

each, packed in a strong outer packaging.

0
40. In Sec.  173.152, paragraphs (b) and (c) are revised to read as
follows:

Sec.  173.152  Exceptions for Division 5.1 (oxidizers) and Division 5.2
(organic peroxides).

* * * * *
    (b) Limited quantities. Limited quantities of oxidizers (Division
5.1) in Packing Group II and III and organic peroxides (Division 5.2)
are excepted from labeling requirements, unless the material is offered
for transportation or transported by aircraft, and are excepted from
the specification packaging requirements of this subchapter when
packaged in combination packagings according to this paragraph. For
transportation by aircraft, the package must also conform to applicable
requirements of Sec.  173.27 of this part (e.g., authorized materials,
inner packaging quantity limits and closure securement) and only
hazardous material authorized aboard passenger-carrying aircraft may be
transported as a limited quantity. A limited quantity package that
conforms to the provisions of this section is not subject to the
shipping paper requirements of subpart C of part 172 of this
subchapter, unless the material meets the definition of a hazardous
substance, hazardous waste, marine pollutant, or is offered for
transportation and transported by aircraft or vessel, and is eligible
for the exceptions provided in Sec.  173.156 of this part. In addition,
shipments of limited quantities are not subject to subpart F
(Placarding) of part 172 of this subchapter. Each package must conform
to the packaging requirements of subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight. Except for transportation by
aircraft, the following combination packagings are authorized:
    (1) For oxidizers in Packing Group II, inner packagings not over
1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg
(2.2 pounds) net capacity each for solids, packed in a strong outer
packaging.
    (2) For oxidizers in Packing Group III, inner packagings not over 5
L (1.3 gallons) net capacity each for liquids or not over 5.0 kg (11
lbs) net capacity each for solids, packed in a strong outer packaging.
    (3) For organic peroxides that do not require temperature control
during transportation--
    (i) Except for transportation by aircraft, for Type B or C organic
peroxides, inner packagings not over 25 mL (0.845 ounces) net capacity
each for liquids or 100 g (3.528 ounces) net capacity for solids,
packed in a strong outer packaging.
    (ii) For Type D, E, or F organic peroxides, inner packagings not
over 125 mL (4.22 ounces) net capacity each for liquids or 500 g (17.64
ounces) net capacity for solids, packed in a strong outer packaging.
    (c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec.  171.8 of this subchapter, may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.

0
41. In Sec.  173.153, paragraphs (b) and (c) are revised to read as
follows:

Sec.  173.153  Exceptions for Division 6.1 (poisonous material).

* * * * *
    (b) Limited quantities. The exceptions in this paragraph do not
apply to poison-by-inhalation materials. Limited quantities of
poisonous material (Division 6.1) in Packing Groups II and III are
excepted from the labeling requirements, unless the material is offered
for transportation or transported by aircraft, and are excepted from
the specification packaging requirements of this subchapter when
packaged in combination packagings according to this paragraph. For
transportation by aircraft, the package must also conform to applicable
requirements of Sec.  173.27 of this part (e.g., authorized materials,
inner packaging quantity limits and closure securement) and only
hazardous material authorized aboard passenger-carrying aircraft may be
transported as a limited quantity. A limited quantity package that
conforms to the provisions of this section is not subject to the
shipping paper requirements of subpart C of part 172 of this
subchapter, unless the material meets the definition of a hazardous
substance, hazardous waste, marine pollutant, or is offered for
transportation and transported by aircraft or vessel, and is eligible
for the exceptions provided in Sec.  173.156 of this part. In addition,
shipments of limited quantities are not subject to subpart F
(Placarding) of part 172 of this subchapter. Each package must conform
to the packaging requirements of subpart B of this part and may not
exceed 30 kg (66 pounds) gross weight. Except for transportation by
aircraft, the following combination packagings are authorized:
    (1) For poisonous materials in Packing Group II, inner packagings
not over 100 mL (3.38 ounces) each for liquids or 0.5 kg (1.1 pounds)
each for solids, packed in a strong outer packaging. Inner packagings
containing a liquid poisonous material which is also a drug or medicine
in Packing Group II may be increased to not over 250 mL (8 ounces) each
and packed in a strong outer packaging.
    (2) For poisonous materials in Packing Group III, inner packagings
not over 5 L (1.3 gallons) each for liquids or 5.0 kg (11 pounds) each
for solids, packed in a strong outer packaging.
    (c) Consumer commodities. Until December 31, 2013, a limited
quantity package of poisonous material in Packing Group III or a drug
or medicine in Packing Group II and III that is also a ``consumer
commodity'' as defined in Sec.  171.8 of this subchapter, may be
renamed ``Consumer commodity'' and reclassed as ORM-D or, until
December 31, 2012, ORM-D-AIR material and offered for transportation
and transported in accordance with the applicable provisions of this
subchapter in effect on October 1, 2010.

0
42. In Sec.  173.154, paragraphs (b) and (c) are revised to read as
follows:

Sec.  173.154  Exceptions for Class 8 (corrosive material).

* * * * *
    (b) Limited quantities. Limited quantities of corrosive material
(Class 8) in Packing Groups II and III are excepted from labeling
requirements, unless the material is offered for transportation or
transported by aircraft, and are excepted from the specification
packaging requirements of this subchapter when packaged in combination
packagings according to this paragraph. For transportation by aircraft,
the package must also conform to the applicable requirements of Sec.
173.27 of this part (e.g., authorized materials, inner packaging
quantity limits and closure securement) and only hazardous material
authorized aboard passenger-carrying aircraft may be transported as a
limited quantity. A limited quantity package that conforms to the
provisions of this section is not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel, and is eligible for the exceptions
provided in Sec.  173.156 of this part. In addition, shipments of
limited quantities are not subject to subpart F (Placarding) of part
172 of this subchapter. Each package must conform to the packaging
requirements of

subpart B of this part and may not exceed 30 kg (66 pounds) gross
weight. Except for transportation by aircraft, the following
combination packagings are authorized:
    (1) For corrosive materials in Packing Group II, inner packagings
not over 1.0 L (0.3 gallon) net capacity each for liquids or not over
1.0 kg (2.2 pounds) net capacity each for solids, packed in a strong
outer packaging.
    (2) For corrosive materials in Packing Group III, inner packagings
not over 5.0 L (1.3 gallons) net capacity each for liquids or not over
5.0 kg (11 lbs) net capacity each for solids, packed in a strong outer
packaging.
    (c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec.  171.8 of this subchapter, may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.
* * * * *

0
43. In Sec.  173.155, paragraphs (b) and (c) are revised to read as
follows:

Sec.  173.155  Exceptions for Class 9 (miscellaneous hazardous
materials).

* * * * *
    (b) Limited quantities of Class 9 materials. Limited quantities of
miscellaneous hazardous materials in Packing Groups II and III are
excepted from labeling requirements, unless the material is offered for
transportation or transported by aircraft, and are excepted from the
specification packaging requirements of this subchapter when packaged
in combination packagings according to this paragraph. Unless otherwise
specified in paragraph (c) of this section, packages of limited
quantities intended for transportation by aircraft must conform to the
applicable requirements (e.g., authorized materials, inner packaging
quantity limits and closure securement) of Sec.  173.27 of this part. A
limited quantity package that conforms to the provisions of this
section is not subject to the shipping paper requirements of subpart C
of part 172 of this subchapter, unless the material meets the
definition of a hazardous substance, hazardous waste, marine pollutant,
or is offered for transportation and transported by aircraft or vessel,
and is eligible for the exceptions provided in Sec.  173.156 of this
part. In addition, packages of limited quantities are not subject to
subpart F (Placarding) of part 172 of this subchapter. Each package
must conform to the packaging requirements of subpart B of this part
and may not exceed 30 kg (66 pounds) gross weight. Except for
transportation by aircraft, the following combination packagings are
authorized:
    (1) For miscellaneous materials in Packing Group II, inner
packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or
not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in a
strong outer packaging.
    (2) For miscellaneous materials in Packing Group III, inner
packagings not over 5.0 L (1.3 gallons) net capacity each for liquids
or not over 5.0 kg (11 lbs) net capacity each for solids, packed in a
strong outer packaging.
    (c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec.  171.8 of this subchapter, may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.

0
44. Section 173.156 is revised to read as follows:

Sec.  173.156  Exceptions for limited quantity and ORM.

    (a) Exceptions for hazardous materials shipments in the following
paragraphs are permitted only if this section is referenced for the
specific hazardous material in the Sec.  172.101 Table or in a
packaging section in this part.
    (b) Packagings for limited quantity and ORM-D are specified
according to hazard class in Sec. Sec.  173.150 through 173.155 and in
Sec.  173.306. In addition to other exceptions provided for limited
quantity and ORM-D materials in this part:
    (1) Strong outer packagings as specified in this part, marking
requirements specified in subpart D of part 172 of this subchapter, and
the 30 kg (66 pounds) gross weight limitation are not required for
packages of limited quantity materials marked in accordance with Sec.
172.315 of this subchapter, or, until December 31, 2013, materials
classed and marked as ORM-D and described as a Consumer commodity, as
defined in Sec.  171.8 of this subchapter, when--
    (i) Unitized in cages, carts, boxes or similar overpacks;
    (ii) Offered for transportation or transported by:
    (A) Rail;
    (B) Private or contract motor carrier; or
    (C) Common carrier in a vehicle under exclusive use for such
service; and
    (iii) Transported to or from a manufacturer, a distribution center,
or a retail outlet, or transported to a disposal facility from one
offeror.
    (2) The 30 kg (66 pounds) gross weight limitation does not apply to
packages of limited quantity materials marked in accordance with Sec.
172.315 of this subchapter, or, until December 31, 2013, materials
classed and marked as ORM-D and described as a Consumer commodity, as
defined in Sec.  171.8 of this subchapter, when offered for
transportation or transported by highway or rail between a
manufacturer, a distribution center, and a retail outlet provided--
    (i) Inner packagings conform to the quantity limits for inner
packagings specified in Sec. Sec.  173.150(b), 173.152(b), 173.154(b),
173.155(b) and 173.306 (a) and (b), as appropriate;
    (ii) The inner packagings are packed into corrugated fiberboard
trays to prevent them from moving freely;
    (iii) The trays are placed in a fiberboard box which is banded and
secured to a wooden pallet by metal, fabric, or plastic straps, to form
a single palletized unit;
    (iv) The package conforms to the general packaging requirements of
subpart B of this part;
    (v) The maximum net quantity of hazardous material permitted on one
palletized unit is 250 kg (550 pounds); and
    (vi) The package is properly marked in accordance with Sec.
172.315 or, until December 31, 2013, Sec.  172.316 of this subchapter.

0
45. Section 173.161 is revised to read as follows:

Sec.  173.161  Chemical kits and first aid kits.

    (a) Applicability. Chemical kits and first aid kits contain one or
more compatible items of hazardous materials in boxes, cases, etc.
that, for example, are used for medical, analytical, diagnostic,
testing, or repair purposes.
    (b) Authorized materials. (1) The kits may only contain hazardous
materials for which packaging exceptions are provided in column 8(A) of
the Sec.  172.101 Hazardous Materials Table in this subchapter. For
transportation by aircraft, the kits may only contain quantities of
hazardous materials authorized as excepted quantities or as limited
quantities in Sec. Sec.  173.4a and 173.27(f) of this part,
respectively. Materials forbidden for transportation by passenger
aircraft or cargo aircraft may not be included in the kits.
    (2) The packing group assigned to the chemical kit and first aid
kit as a whole must be the most stringent packing group assigned to any
individual

substance in the kit and must be shown on the shipping paper, if
applicable, in accordance with subpart C of Part 172 of this
subchapter.
    (c) Packaging. Except for transportation by aircraft or vessel,
chemical kits and first aid kits must be packaged in combination
packagings conforming to the packaging requirements of subpart B of
this part. For transportation by aircraft or vessel, chemical kits and
first aid kits must be packaged in specification combination packagings
based on the performance level of the most stringent packing group of
material contained within the kit. For transportation by aircraft,
friction-type closures must be secured by secondary means and inner
packagings intended to contain liquids must be capable of meeting the
pressure differential requirements prescribed in Sec.  173.27(c) of
this subchapter. Inner and outer packaging quantity limits for packages
are as follows:
    (1) Except for liquids of Division 5.2 (organic peroxide), inner
packagings containing not more than 250 mL. Except for transportation
by aircraft, for Division 5.2 (organic peroxide) liquids of Type B and
C, inner packagings containing not more than 25 mL and for Division 5.2
(organic peroxide) liquids of Type D, E and F, inner packagings
containing not more than 125 mL. For transportation by aircraft, for
Division 5.2 (organic peroxide) liquids of Type D, E and F (only),
inner packagings containing not more than 125 mL;
    (2) Except for solids of Division 5.2 (organic peroxide) of Type B
and C, inner packagings containing not more than 250 g. Except for
transportation by aircraft, for a Division 5.2 (organic peroxide) solid
of Type B and C, inner packagings containing not more than 100 g. For
transportation by aircraft, for a Division 5.2 (organic peroxide) solid
of Type D, E and F (only), inner packagings containing not more than
250 g;
    (3) No more than 10 L or 10 kg of hazardous material may be
contained in one outer package (excluding dry ice). For transportation
by aircraft, no more than 1 L or 1 kg of hazardous material may be
contained in one kit (excluding dry ice);
    (4) Each package must conform to the packaging requirements of
subpart B of this part and may not exceed 30 kg (66 pounds) gross
weight;
    (5) Except for Carbon dioxide, solid (Dry ice), UN1845, no other
hazardous materials may be packed within the same outer packaging as
the kits. Dry ice must be packaged in accordance with Sec.  173.217 of
this subchapter;
    (6) The kits must include sufficient absorbent material to
completely absorb the contents of any liquid hazardous materials
contained in the kits. The contents must be separated, placed, or
packed, and closed with cushioning material to protect them from
damage; and
    (7) The contents of the kits must be packed so there will be no
possibility of the mixture of contents causing dangerous evolution of
heat or gas.
    (d) Exceptions. (1)(i) Chemical kits and first aid kits are
eligible for the excepted quantity exceptions provided in Sec. Sec.
173.4 and 173.4a of this part. For transportation by aircraft, chemical
kits and first aid kits are eligible for the limited quantity
provisions provided in Sec.  173.27(f) of this part. For inner
packaging quantity limits, see Sec.  173.27(f), Table 3.
    (ii) A package conforming to the provisions of this section is not
subject to the shipping paper requirements of subpart C of part 172 of
this subchapter, unless the material meets the definition of a
hazardous substance, hazardous waste, marine pollutant, or is offered
for transportation and transported by aircraft or vessel. Chemical kits
and First aid kits conforming to this section may be marked as a
limited quantity as prescribed in Sec.  172.315 of this subchapter and,
if applicable, are eligible for the exceptions provided in Sec.
173.156 of this part. Additionally, chemical and first aid kits
conforming to this section are not subject to part 174 (carriage by
rail) or part 177 (carriage by highway) of this subchapter when marked
in accordance with Sec.  172.315 of this subchapter.
    (2) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec.  171.8 of this subchapter may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in accordance with the
applicable provisions of this subchapter in effect on October 1, 2010.
    (3) Kits that are carried on board transport vehicles for first aid
or operating purposes are not subject to the requirements of this
subchapter.

0
46. Section 173.165 is added to read as follows:

Sec.  173.165  Polyester resin kits.

    (a) Except for transportation by aircraft, polyester resin kits
consisting of a base material component (Class 3, Packing Group II or
III) and an activator component (Type D, E, or F organic peroxide which
does not require temperature control)--
    (1) The organic peroxide component must be packed in inner
packagings not over 125 mL (4.22 ounces) net capacity each for liquids
or 500 g (17.64 ounces) net capacity each for solids;
    (2) The flammable liquid component must be packed in inner
packagings not over 5 L (1.3 gallons) net capacity each for Packing
Group II or III liquid; and
    (3) The flammable liquid component and the organic peroxide
component may be packed in the same strong outer packaging provided
they will not interact dangerously in the event of leakage.
    (b) For transportation by aircraft, polyester resin kits consisting
of a base material component (Class 3, Packing Group II or III) and an
activator component (Type D, E, or F organic peroxide which does not
require temperature control)--
    (1) The organic peroxide component is limited to a quantity of 125
mL (4.22 ounces) per inner packaging if liquid, and 500 g (1 pound) if
solid. The base material is limited to a quantity of 5 L (1.3 gallons)
in metal or plastic inner packagings and 1 L (0.3 gallons) in glass
inner packagings;
    (2) The components may be placed in the same outer packaging
provided they will not interact dangerously in the event of leakage;
    (3) Packing group will be II or III, according to the criteria for
Class 3, applied to the base material. Additionally, unless otherwise
excepted in this subchapter, polyester resin kits must be packaged in
specification combination packagings based on the performance level
required of the base material (II or III) contained within the kit;
    (4) Closures must be secured by secondary means;
    (5) Inner packagings intended to contain liquids must be capable of
meeting the pressure differential requirements prescribed in Sec.
173.27(c) of this part; and
    (6) Except as provided in paragraph (b) of this section, exceptions
for polyester resin kits intended for transportation by aircraft are
provided in Sec. Sec.  173.4a (excepted quantities) and 173.27(f)
(limited quantities) of this part.
    (c) Consumer commodities. Until December 31, 2013, a limited
quantity package containing a ``consumer commodity'' as defined in
Sec.  171.8 of this subchapter may be renamed ``Consumer commodity''
and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material
and offered for transportation and transported in

accordance with the applicable provisions of this subchapter in effect
on October 1, 2010.

0
47. Section Sec.  173.167 is added to read as follows:

Sec.  173.167  Consumer commodities.

    (a) Effective January 1, 2013, a ``consumer commodity'' (see Sec.
171.8 of this subchapter) when intended for transportation by aircraft
may only include articles or substances of Class 2 (non-toxic aerosols
only), Class 3 (Packing Group II and III only), Division 6.1 (Packing
Group III only), UN3077, UN3082, and UN3175, provided such materials do
not have a subsidiary risk and are authorized aboard a passenger-
carrying aircraft. Friction-type closures must be secured by secondary
means. Inner packagings intended to contain liquids must be capable of
meeting the pressure differential requirements (75 kPa) prescribed in
Sec.  173.27(c) of this part. Consumer commodities are excepted from
the specification packaging requirements of this subchapter and each
completed package must conform to subpart B of part. Packages of
consumer commodities must also be capable of withstanding a 1.2 m drop
on solid concrete in the position most likely to cause damage and a 24-
hour stack test. Inner and outer packaging quantity limits for consumer
commodities are as follows:
    (1) Non-toxic aerosols, as defined in Sec.  171.8 of this
subchapter and constructed in accordance with Sec.  173.306 of this
part, in non-refillable, non-metal containers not exceeding 120 mL (4
fluid ounces) each, or in non-refillable metal containers not exceeding
820 mL (28 ounces) each, except that flammable aerosols may not exceed
500 mL (16.9 ounces) each; or
    (2) Liquids, in inner packagings not exceeding 500 mL (16.9 ounces)
each; or
    (3) Solids, in inner packagings not exceeding 500 g (1.0 pounds)
each; or
    (4) Any combination thereof.
    (b) Inner packagings are to be placed in an outer packaging not to
exceed 30 kg (66 pounds) gross weight as prepared for shipment.

0
48. Section 173.220 is revised to read as follows:

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

    (a) Applicability. An internal combustion engine, self-propelled
vehicle, mechanized equipment containing an internal combustion engine,
a battery-powered vehicle or equipment, or a fuel cell-powered vehicle
or equipment, or any combination thereof, is subject to the
requirements of this subchapter when transported as cargo on a
transport vehicle, vessel, or aircraft if--
    (1) The engine contains a liquid or gaseous fuel. An engine may be
considered as not containing fuel when the engine components and any
fuel lines have been completed drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard and the
engine when held in any orientation will not release any liquid fuel;
    (2) The fuel tank contains a liquid or gaseous fuel. A fuel tank
may be considered as not containing fuel when the fuel tank and the
fuel lines have been completed drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard;
    (3) It is equipped with a wet battery (including a non-spillable
battery), a sodium battery or a lithium battery; or
    (4) Except as provided in paragraph (f)(1) of this section, it
contains other hazardous materials subject to the requirements of this
subchapter.
    (b) Requirements. Unless otherwise excepted in paragraph (b)(4) of
this section, vehicles, engines, and equipment are subject to the
following requirements:
    (1) Flammable liquid fuel. A fuel tank containing a flammable
liquid fuel must be drained and securely closed, except that up to 500
mL (17 ounces) of residual fuel may remain in the tank, engine
components, or fuel lines provided they are securely closed to prevent
leakage of fuel during transportation. Self-propelled vehicles
containing diesel fuel are excepted from the requirement to drain the
fuel tanks, provided that sufficient ullage space has been left inside
the tank to allow fuel expansion without leakage, and the tank caps are
securely closed.
    (2) Flammable liquefied or compressed gas fuel. (i) For
transportation by motor vehicle, rail car or vessel, fuel tanks and
fuel systems containing flammable liquefied or compressed gas fuel must
be securely closed. For transportation by vessel, the requirements of
Sec. Sec.  176.78(k) and 176.905 of this subchapter apply.
    (ii) For transportation by aircraft:
    (A) Flammable gas-powered vehicles, machines, equipment or
cylinders containing the flammable gas must be completely emptied of
flammable gas. Lines from vessels to gas regulators, and gas regulators
themselves, must also be drained of all traces of flammable gas. To
ensure that these conditions are met, gas shut-off valves must be left
open and connections of lines to gas regulators must be left
disconnected upon delivery of the vehicle to the operator. Shut-off
valves must be closed and lines reconnected at gas regulators before
loading the vehicle aboard the aircraft; or alternatively;
    (B) Flammable gas powered vehicles, machines or equipment, which
have cylinders (fuel tanks) that are equipped with electrically
operated valves, may be transported under the following conditions:
    (1) The valves must be in the closed position and in the case of
electrically operated valves, power to those valves must be
disconnected;
    (2) After closing the valves, the vehicle, equipment or machinery
must be operated until it stops from lack of fuel before being loaded
aboard the aircraft;
    (3) In no part of the closed system shall the pressure exceed 5% of
the maximum allowable working pressure of the system or 290 psig (2000
kPa), whichever is less; and
    (4) There must not be any residual liquefied gas in the system,
including the fuel tank.
    (3) Truck bodies or trailers on flat cars--flammable liquid or gas
powered. Truck bodies or trailers with automatic heating or
refrigerating equipment of the flammable liquid type may be shipped
with fuel tanks filled and equipment operating or inoperative, when
used for the transportation of other freight and loaded on flat cars as
part of a joint rail and highway movement, provided the equipment and
fuel supply conform to the requirements of Sec.  177.834(l) of this
subchapter.
    (4) Modal exceptions. Quantities of flammable liquid fuel greater
than 500 mL (17 ounces) may remain in the fuel tank in self-propelled
vehicles and mechanical equipment only under the following conditions:
    (i) For transportation by motor vehicle or rail car, the fuel tanks
must be securely closed.
    (ii) For transportation by vessel, the shipment must conform to
Sec.  176.905 of this subchapter.
    (iii) For transportation by aircraft, when carried in aircraft
designed or modified for vehicle ferry operations when all the
following conditions must be met:
    (A) Authorization for this type operation has been given by the
appropriate authority in the government of the country in which the
aircraft is registered;
    (B) Each vehicle is secured in an upright position;
    (C) Each fuel tank is filled in a manner and only to a degree that
will

preclude spillage of fuel during loading, unloading, and
transportation; and
    (D) Each area or compartment in which a self-propelled vehicle is
being transported is suitably ventilated to prevent the accumulation of
fuel vapors.
    (c) Battery-powered or installed. Batteries must be securely
installed, and wet batteries must be fastened in an upright position.
Batteries must be protected against a dangerous evolution of heat,
short circuits, and damage to terminals in conformance with Sec.
173.159(a) and leakage; or must be removed and packaged separately
under Sec.  173.159. Battery-powered vehicles, machinery or equipment
including battery-powered wheelchairs and mobility aids are not subject
to any other requirements of this subchapter except Sec.  173.21 of
this subchapter when transported by rail, highway or vessel.
    (d) Lithium batteries. Except as provided in Sec.  172.102, Special
Provision A101 of this subchapter, vehicles, engines and machinery
powered by lithium metal batteries that are transported with these
batteries installed are forbidden aboard passenger-carrying aircraft.
Lithium batteries contained in vehicles, engines or mechanical
equipment must be securely fastened in the battery holder of the
vehicle, engine or mechanical equipment and be protected in such a
manner as to prevent damage and short circuits (e.g., by the use of
non-conductive caps that cover the terminals entirely). Lithium
batteries must be of a type that have successfully passed each test in
the UN Manual of Tests and Criteria as specified in Sec.  173.185 of
this subchapter, unless approved by the Associate Administrator.
Equipment (other than vehicles, engines or mechanical equipment)
containing lithium batteries, must be described as ``Lithium ion
batteries contained in equipment'' or ``Lithium metal batteries
contained in equipment,'' as appropriate, and transported in accordance
with Sec.  173.185 and applicable special provisions.
    (e) Fuel cells. A fuel cell must be secured and protected in a
manner to prevent damage to the fuel cell. Equipment (other than
vehicles, engines or mechanical equipment) such as consumer electronic
devices containing fuel cells (fuel cell cartridges) must be described
as ``Fuel cell cartridges contained in equipment'' and transported in
accordance with Sec.  173.230 of this subchapter.
    (f) Other hazardous materials. (1) Items containing hazardous
materials, such as fire extinguishers, compressed gas accumulators,
safety devices and other hazardous materials that are integral
components of the motor vehicle, engine or mechanical equipment and
that are necessary for the operation of the vehicle, engine or
mechanical equipment, or for the safety of its operator or passengers,
must be securely installed in the motor vehicle, engine or mechanical
equipment. Such items are not otherwise subject to the requirements of
this subchapter. Equipment (other than vehicles, engines or mechanical
equipment) containing lithium batteries must be described as ``Lithium
batteries contained in equipment'' and transported in accordance with
Sec.  173.185 of this subchapter and applicable special provisions.
Equipment (other than vehicles, engines or mechanical equipment) such
as consumer electronic devices containing fuel cells (fuel cell
cartridges) must be described as ``Fuel cell cartridges contained in
equipment'' and transported in accordance with Sec.  173.230 of this
subchapter.
    (2) Other hazardous materials must be packaged and transported in
accordance with the requirements of this subchapter.
    (g) Additional requirements for internal combustion engines and
vehicles with certain electronic equipment when transported by aircraft
or vessel. When an internal combustion engine that is not installed in
a vehicle or equipment is offered for transportation by aircraft or
vessel, all fuel, coolant or hydraulic systems remaining in the engine
must be drained as far as practicable, and all disconnected fluid pipes
that previously contained fluid must be sealed with leak-proof caps
that are positively retained. When offered for transportation by
aircraft, vehicles equipped with theft-protection devices, installed
radio communications equipment or navigational systems must have such
devices, equipment or systems disabled.
    (h) Exceptions. Except as provided in paragraph (f)(2) of this
section, shipments made under the provisions of this section--
    (1) Are not subject to any other requirements of this subchapter
for transportation by motor vehicle or rail car; and
    (2) Are not subject to the requirements of subparts D, E and F
(marking, labeling and placarding, respectively) of part 172 of this
subchapter or Sec.  172.604 of this subchapter (emergency response
telephone number) for transportation by vessel or aircraft. For
transportation by aircraft, the provisions of Sec.  173.159(b)(2) of
this part as applicable, the provisions of Sec.  173.230(f), as
applicable, other applicable requirements of this subchapter, including
shipping papers, emergency response information, notification of pilot-
in-command, general packaging requirements, and the requirements
specified in Sec.  173.27 of this subchapter must be met. For
transportation by vessel, additional exceptions are specified in Sec.
176.905 of this subchapter.

0
49. In Sec.  173.225:
0
a. In paragraph (c)(8), the Organic Peroxide Table is amended by
removing the entries under the [REMOVE] heading and adding entries
under the [ADD] heading in the table below.
0
b. In paragraph (e), the Organic Peroxide IBC Table is amended by
revising the entry for ``Peroxyacetic acid, stabilized, not more than
17%'' under ``3109 ORGANIC PEROXIDE, TYPE F, LIQUID''.

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

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

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

                                                                      * * * * * * *
Di-(2-tert-butylperoxyisopropyl)    UN3106..........   > 42-100  ........  ........     <= 57  ........  OP7.............  ........  .........      1, 9
 benzene(s).

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

                                                                      * * * * * * *
2,5-Dimethyl-2,5-di-(tert-          UN3105..........   > 52-100  ........  ........  ........  ........  OP7.............  ........  .........  ........
 butylperoxy)hexane.

                                                                      * * * * * * *
[ADD].............................  ................  .........  ........  ........  ........  ........  ................  ........  .........  ........

                                                                      * * * * * * *
Di-(tert-butylperoxyisopropyl)      UN3106..........   > 42-100  ........  ........     <= 57  ........  OP7.............  ........  .........      1, 9
 benzene(s).
Di-(tert-butylperoxyisopropyl)      Exempt..........      <= 42  ........  ........     >= 58  ........  Exempt..........  ........  .........  ........
 benzene(s).

                                                                      * * * * * * *
2,5-Dimethyl-2,5-di-(tert-          UN3103..........   > 90-100  ........  ........  ........  ........  OP5.............  ........  .........  ........
 butylperoxy)hexane.
2,5-Dimethyl-2,5-di-(tert-          UN3105..........   > 52--90     >= 10  ........  ........  ........  OP7.............  ........  .........  ........
 butylperoxy)hexane.

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

* * * * *
    (e) * * *

                                           Organic Peroxide IBC Table
----------------------------------------------------------------------------------------------------------------
                                                                             Maximum
           UN No.                    Organic peroxide         Type of IBC    quantity     Control     Emergency
                                                                             (liters)   temperature  temperature
----------------------------------------------------------------------------------------------------------------

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

                                                  * * * * * * *
                              Peroxyacetic acid, stabilized,          31A         1500  ...........  ...........
                               not more than 17%.
                                                                     31H1         1500  ...........  ...........
                                                                     31H2         1500  ...........  ...........
                                                                    31HA1         1500  ...........  ...........

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

* * * * *

0
50. In Sec.  173.230, paragraphs (g) and (h) are revised to read as
follows:

Sec.  173.230  Fuel cell cartridges containing hazardous material.

* * * * *
    (g) Limited quantities. Limited quantities of hazardous materials
contained in fuel cell cartridges are excepted from the labeling
requirements, unless the cartridges are offered for transportation or
transported by aircraft, and from the placarding and specification
packaging requirements of this subchapter when packaged according to
this section. Each package must conform to the packaging requirements
of subpart B of this part and may not exceed 30 kg (66 pounds) gross
weight. Except as authorized in paragraph (h) of this section, a
package containing a limited quantity of fuel cell cartridges must be
marked as specified in Sec.  172.315 of this subchapter and, for
transportation by highway or rail, is not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, or marine pollutant, and are eligible for the exceptions
provided in Sec.  173.156 of part. For transportation by highway, rail
and vessel, the following combination packagings are authorized:
    (1) For flammable liquids, in fuel cell cartridges containing not
more than 1.0 L (0.3 gallon) per cartridge, packed in strong outer
packaging.
    (2) For water-reactive substances (Division 4.3 Dangerous when wet
material), in fuel cell cartridges containing not more than 0.5 L (16.9
fluid ounces) for liquids or not over 0.5 kg (1.1 pound) for solids per
cartridge, packed in strong outer packaging.
    (3) For corrosive materials, in fuel cell cartridges containing not
more than 1.0 L (0.3 gallon) for liquids or not more than 1.0 kg (2.2
pounds) for solids per

cartridge, packed in strong outer packaging.
    (4) For liquefied (compressed) flammable gas, in fuel cell
cartridges not over 120 mL (4 fluid ounces) net capacity per cartridge,
packed in strong outer packaging.
    (5) For hydrogen in metal hydride, in fuel cell cartridges not over
120 mL (4 fluid ounces) net capacity per cartridge, packed in strong
outer packaging.
    (6) For transportation by aircraft, the following combination
packagings are authorized:
    (i) For flammable liquids, in fuel cell cartridges containing not
more than 0.5 L (16.9 fluid ounces) per cartridge, packed in strong
outer packaging. Additionally, each package may contain no more than
2.5 kg (net mass) of fuel cell cartridges.
    (ii) For water-reactive substances (Division 4.3 Dangerous when wet
material), in fuel cell cartridges containing not more than 200 g (0.4
pounds) of solid fuel per cartridge, packed in strong outer packaging.
Additionally, each package may contain no more than 2.5 kg (net mass)
of fuel cell cartridges.
    (iii) For corrosive materials, in fuel cell cartridges containing
not more than 200 mL (6.7 fluid ounces) for liquids or not more than
200 g (0.4 pounds) for solids per cartridge packed in strong outer
packaging. Additionally, each package may contain no more than 2.5 kg
(net mass) of fuel cell cartridges.
    (iv) For liquefied (compressed) flammable gas, in fuel cell
cartridges not over 120 mL (4 fluid ounces) net capacity per cartridge,
packed in strong outer packaging. Additionally, each package may
contain no more than 0.5 kg (net mass) of fuel cell cartridges.
    (v) For hydrogen in metal hydride, in fuel cell cartridges not over
120 mL (4 fluid ounces) net capacity per cartridge, packed in strong
outer packaging. Additionally, each package may contain no more than
0.5 kg (net mass) of fuel cell cartridges.
    (h) Consumer commodities. Until December 31, 2013, except for
transportation by aircraft, a limited quantity that conforms to the
provisions of paragraph (g) of this section and is also a ``consumer
commodity'' as defined in Sec.  171.8 of this subchapter on October 1,
2010 may be renamed ``Consumer commodity'' and reclassed as ORM-D.
Shipments of ORM-D materials are not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, and are eligible for the exceptions provided
in Sec.  173.156 of this part.

0
51. In Sec.  173.301b, paragraphs (c)(2)(iii) and (e) are revised to
read as follows:

Sec.  173.301b  Additional general requirements for shipment of UN
pressure receptacles.

* * * * *
    (c) * * *
    (2) * * *
    (iii) By protecting the valves by shrouds or guards conforming to
the requirements in ISO 11117 (IBR; see Sec.  171.7 of this
subchapter). For metal hydride storage systems, by protecting the
valves in accordance with the requirements in ISO 16111 (IBR; see Sec.
171.7 of this subchapter).
* * * * *
    (e) Pyrophoric gases. A UN pressure receptacle must have valve
outlets equipped with gas-tight plugs or caps when used for pyrophoric
or flammable mixtures of gases containing more than 1% pyrophoric
compounds. When UN pressure receptacles are manifolded in a bundle,
each of the pressure receptacles must be equipped with an individual
valve that must be closed while in transportation, and the outlet of
the manifold valve must be equipped with a pressure retaining gas-tight
plug or cap. Gas-tight plugs or caps must have threads that match those
of the valve outlets.
* * * * *

0
52. In Sec.  173.306, paragraphs (h)(2), (i), and (l) are revised to
read as follows:

Sec.  173.306  Limited quantities of compressed gases.

* * * * *
    (h) * * *
    (2) Exceptions. (i) For other than transportation by aircraft,
special exceptions for shipment of lighter refills in the ORM-D class
are provided in paragraph (i) of this section.
    (ii) For highway transportation, when no more than 1,500 lighter
refills covered by this paragraph are transported in one motor vehicle,
the requirements of subparts C through H of part 172, and Part 177 of
this subchapter do not apply. Lighter refills covered under this
paragraph must be packaged in rigid, strong outer packagings meeting
the general packaging requirements of subpart B of this part. Outer
packagings must be plainly and durably marked on two opposing sides or
ends with the words ``LIGHTER REFILLS'' and the number of devices
contained therein in letters measuring at least 20 mm (0.79 in) in
height. No person may offer for transportation or transport the lighter
refills or prepare the lighter refills for shipment unless that person
has been specifically informed of the requirements of this section.
    (i) Limited quantities. (1) A limited quantity that conforms to the
provisions of paragraph (a)(1), (a)(3), (a)(5), (b) or, except for
transportation by aircraft, paragraph (h) of this section is excepted
from labeling requirements, unless the material is offered for
transportation or transported by aircraft, and the specification
packaging requirements of this subchapter when packaged in combination
packagings according to this paragraph. Packages must be marked in
accordance with Sec.  172.315(a) or (b), as appropriate, or as