[Federal Register: August 24, 2010 (Volume 75, Number 163)]
[Proposed Rules]
[Page 52069-52138]
[DOCID:fr24au10-24]

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Part II

Department of Transportation

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Pipeline and Hazardous Materials Safety Administration

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

Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air; Proposed Rule

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

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

[Docket Nos. PHMSA-2009-0126 (HM-215K)]
RIN 2137-AE45

Hazardous Materials: Harmonization With the United Nations
Recommendations, International Maritime Dangerous Goods Code, and the
International Civil Aviation Organization Technical Instructions for
the Safe Transport of Dangerous Goods by Air

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

ACTION: Notice of proposed rulemaking (NPRM).

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

DATES: Comments must be received by October 25, 2010.

ADDRESSES: You may submit comments by any of the following methods:
    Federal Rulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
    Fax: 1-202-493-2251.
    Mail: Docket Management System; U.S. Department of Transportation,
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590-0001.
    Hand Delivery: To U.S. Department of Transportation, Dockets
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue,
SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m. Monday through
Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2009-
0126 (HM-215K) or RIN 2137-AE45 for this rulemaking at the beginning of
your comment. Note that all comments received will be posted without
change to http://www.regulations.gov including any personal information
provided. If sent by mail, comments must be submitted in duplicate.
Persons wishing to receive confirmation of receipt of their comments
must include a self-addressed stamped postcard.
    Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477), or you
may visit http://www.regulations.gov.
    Docket: You may view the public docket through the Internet at
http://www.regulations.gov or in person at the Docket Operations office
at the above address (See ADDRESSES).

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

SUPPLEMENTARY INFORMATION:

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

I. Background

    In a final rule published December 21, 1990 (Docket HM-181; 55 FR
52402), the Research and Special Programs Administration (RSPA), the
predecessor agency to the Pipeline and Hazardous Materials Safety
Administration (PHMSA), comprehensively revised the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171 to 180) to harmonize U.S. hazardous
materials transportation requirements with the United Nations
Recommendations on the Transport of Dangerous Goods (UN Model
Regulations). The UN Model Regulations are not regulations, but rather
are recommendations issued by the UN Committee of Experts on the
Transport of Dangerous Goods (UNSCOE) and the Globally Harmonized
System of Classification and Labeling of Chemicals (GHS). These Model
Regulations are amended and updated biennially by the UNSCOE and serve
as the basis for national, regional, and international modal
regulations, including the International Maritime Organization's
International Maritime Dangerous Goods Code (IMDG Code) and
International Civil Aviation Organization Technical Instructions (ICAO
TI) for the Transport of Dangerous Goods by Air.
    Since publication of the 1990 rule, we have issued eight additional
international harmonization rules (Dockets HM-215A, 59 FR 67390; HM-
215B, 62 FR 24690; HM-215C, 64 FR 10742; HM-215D, 66 FR 33316; HM-215E,
68 FR 44992; HM-215G, 69 FR 76044; HM-215I, 71 FR 78595; and HM-215J,
74 FR 2200) based on the corresponding biennial updates of the UN Model
Regulations, the IMDG Code, and the ICAO TI.
    To maintain alignment of the HMR with international requirements,
in this NPRM, we are proposing to incorporate changes based on the
Sixteenth revised edition of the UN Model Regulations, Amendment 35-10
to the IMDG Code, and the 2011-2012 ICAO TI, which becomes effective
January 1, 2011 (the IMDG Code is effective January 1, 2012).
    Federal law and policy strongly favor the harmonization of domestic
and international standards for hazardous materials transportation. The
Federal hazardous materials transportation law (Federal hazmat law; 49
U.S.C. 5101 et seq.) permits PHMSA to depart from international
standards in order to promote safety or other overriding public
interest, but otherwise requires PHMSA to align the HMR with
international transport standards and requirements to the extent
practicable (see 49 U.S.C. 5120). Harmonization facilitates
international trade by minimizing the costs and other burdens of
complying with multiple or inconsistent safety requirements for
transportation of hazardous materials to and from the United States and
becomes increasingly important as the volume of hazardous materials
transported in

international commerce grows. By facilitating compliance, harmonization
also tends to enhance safety for international movements, but only if
the international standards themselves provide an appropriate level of
safety. To that end, PHMSA actively participates in the development of
international standards for the transportation of hazardous materials,
frequently advocating the adoption in international standards of
particular HMR requirements.
    When considering the adoption of international standards under the
HMR, we review and evaluate each amendment on its own merit, on the
basis of its overall impact on transportation safety, and the economic
implications associated with its adoption into the HMR. Our goal is to
harmonize without diminishing the level of safety currently provided by
the HMR and without imposing undue burdens on the regulated public.

II. ANPRM

    On October 21, 2009, PHMSA published an advance notice of proposed
rulemaking (ANPRM; 74 FR 53982) highlighting issues under consideration
for harmonization with international standards and requesting comments
as to whether the HMR should be amended to incorporate specific
international standards and the potential benefits and costs of doing
so. The following companies and organizations submitted comments in
response to the ANPRM:
    (1) Institute of Makers of Explosives (IME; PHMSA-2009-0126-0003);
    (2) United Parcel Service (UPS; PHMSA-2009-0126-0005);
    (3) Sporting Arms and Ammunition Manufacturers' Institute (SAAMI;
PHMSA-2009-0126-0006);
    (4) Dangerous Goods Advisory Council (DGAC; PHMSA-2009-0126-0007);
    (5) Reusable Industrial Packaging Association (RIPA; PHMSA-2009-
0126-0008);
    (6) Association of Hazmat Shippers, Inc. (AHS; PHMSA-2009-0126-
0009);
    (7) U.S. Fuel Cell Council (USFCC; PHMSA-2009-0126-0010);
    (8) The Council on Safe Transportation of Hazardous Articles, Inc.
(COSTHA; PHMSA-2009-0126-0011);
    (9) Federal Express (FedEx; PHMSA-2009-0126-0012);
    (10) American Petroleum Institute (API; PHMSA-2009-0126-0013);
    (11) American Coatings Association, Inc. (ACA; PHMSA-2009-0126-
0014);
    (12) PPG Industries, Inc. (PPG; PHMSA-2009-0126-0016);
    (13) E.I. DuPont de Nemours and Company (DuPont; PHMSA-2009-0126-
0018);
    (14) The Alliance of Special Effects and Pyrotechnics Operators,
Inc. (ASEPO; PHMSA-2009-0126-0020).
    Comments on specific harmonization issues are discussed below.

A. Classification of Sour Crude Oil

    Transportation of sour crude oil may pose risks due to its inherent
potential of evolving hydrogen sulfide, a highly toxic and flammable
gas. Sour crude oil, commonly found in North America, contains a high
concentration of sulfur. The evolution of hydrogen sulfide vapors from
crude oil is dependent on temperature, packaging confinement, transport
conditions (e.g., sloshing), bacteria, and sulfur concentration, among
many other potential factors. Based on the risk of toxic vapors, the UN
Model Regulations were amended by assigning a new identification number
and shipping description for sour crude oil with a flammable primary
hazard and a toxic subsidiary hazard. Additionally, a new special
provision was added specifying the assignment of a Packing Group (PG)
based on the degree of danger presented by either the flammability or
toxicity hazard of the sour crude oil. For example, sour crude oil
meeting flammability criteria for Class 3, PG II, and toxicity criteria
for Division 6.1, PG I, poisonous-by-inhalation, would be classified as
a Class 3, PG I material.
    In the ANPRM, PHMSA invited commenters to provide data and
information concerning the impact on domestic shippers and carriers if
these requirements are adopted in the HMR. The agency also asked for
comments addressing which hazard communication methods (e.g., package
markings, shipping papers) and/or packaging requirements are most cost-
effective for communicating the hazards and reducing the risks of
transporting sour crude oil.
    We received two comments (API, DGAC) opposing adoption of the UN
amendments for the description and classification of sour crude oil
into the HMR. DGAC recommends against requiring domestic use of the new
proper shipping name for sour crude oil with a Division 6.1 subsidiary
risk and recommends that use be limited to international transport. The
DGAC states:

    [T]he new [proper shipping name] would introduce
impracticalities into the collection and transport of crude oil * *
* Crude oil carriers, who currently use flammable liquid placards
displaying UN1267 and who typically use permanent shipping papers,
would now be required to assess the inhalation hazard of each crude
oil batch they transport and switch to other placards and shipping
papers based on their assessment. In addition, Sec.  173.244 would
suggest that some of these crude oils with a Division 6.1 subsidiary
risk would be required to be transported in higher integrity bulk
packagings. We consider this highly inappropriate. The concentration
of [hydrogen sulfide] in the liquid crude oil phase under
classification conditions will not predict the hydrogen sulfide
concentration in the headspace during transport. It is not possible
to use existing UN classification criteria for [D]ivision 6.1 in
classifying crude oils as inhalation hazard substances or assigning
the packing group. We also noted that classification on the basis of
the possible evolution of [hydrogen sulfide] vapors is unprecedented
and that there are other substances with the potential to evolve
hydrogen sulfide vapors * * * Exposure to high concentrations of
[hydrogen sulfide] is most likely when the cargo tank truck is
opened or when a tank is reloaded * * * The hazard is essentially a
workplace hazard. For purposes of the HMR, DGAC recommends limiting
the provisions to cargo tank truck [loading and unloading]
operations.

    DGAC recommends that PHMSA require drivers engaged in the loading
and unloading of sour crude oil to wear a hydrogen sulfide monitoring
device and have respiratory protection accessible, and require warning
signs at the cargo tank manhole and area of operation.
    In its comments, API recognizes that hydrogen sulfide is a hazard,
but suggests that classification of crude oil at the time of shipment
may not reflect the toxicity of hydrogen sulfide in the vapor space of
a cargo tank or other packaging after the crude oil has been in
transportation. API also notes that there are best industry practices
already in place. API states:

    [C]reation of a new classification scheme with the addition of a
new [proper shipping name] for sour crude oil, and leaving the
current classification and [proper shipping name] for ``other''
crude oils, will increase risks at this time, DOT should not
harmonize the HMR with the new amendments in the UN Model
Regulations regarding classification of sour crude. Before changing
the HMR, criteria for sour crude should be defined and a valid test
methodology should be developed * * * the occurrence of hazardous
levels of [hydrogen sulfide] cannot be predicted from the liquid
state [of crude oil]. Safe transport of these materials * * * is
best accomplished through training, proper handling procedures,
monitoring, and use of proper personal protective equipment, and not
a separate identification number, shipping description, or packing
group for sour crude oils * * * Until an accurate and accepted
method for predicting [hydrogen sulfide] evolution [into the vapor
space of packaging] and a corresponding toxicity and

hazard during transport is available. * * * The U.S. government
should not propose adoption of the [UN] classification scheme in the
HMR.

    API adds that the Occupational Safety and Health Administration
(OSHA) has requirements in place to communicate the hazards of hydrogen
sulfide in the workplace. API supports other means of hazard
communication to ensure that workers are aware of the hazards of
hydrogen sulfide such as a marking on a bulk packaging.
    Currently, petroleum crude oil is listed as a Class 3 flammable
liquid in the Sec.  172.101 Hazardous Materials Table (HMT). PHMSA is
aware that, in some instances, petroleum crude oil may evolve hydrogen
sulfide gas, a toxic-by-inhalation material. When transported in bulk
packagings such as cargo tanks, the evolved hydrogen sulfide gas may
build up in the vapor space of the packaging, posing a potential risk,
in particular, during loading and unloading. The following table
illustrates the dangerous effects of hydrogen sulfide gas exposure to
humans:

                Effects of Hydrogen Sulfide on Humans \1\
------------------------------------------------------------------------
                     Effect                        Concentration (ppm)
------------------------------------------------------------------------
Detectable odor................................                      0.2
Maximum allowable concentration for daily 8-                          20
 hour exposure.................................
Eye and respiratory irritation.................                       50
Olfactory nerve paralysis......................                      150
Exposure may cause pulmonary edema.............                      250
Systemic symptoms occur in \1/2\ hour..........                      500
Quickly unconscious; death without rescue......                      750
Rapid collapse; respiratory paralysis..........                    1,000
Immediate death................................                    5,000
------------------------------------------------------------------------

    The agency agrees with the commenters that a new proper shipping
name is not necessary and that there are more cost-effective ways to
communicate the potential inhalation hazard risk to transport workers.
Therefore, in this NPRM, PHMSA proposes to include the new proper
shipping name in the UN Model Regulations--``Petroleum sour crude oil,
flammable, toxic''--with the letter ``I'' in Column (1) of the HMT
indicating that this description may be used for international
transportation. However, PHMSA is not proposing to require use of the
new proper shipping name for domestic transportation. Additionally,
PHMSA is proposing a new marking be applied to bulk packagings
containing sour crude in order to communicate the potential inhalation
risk in transportation. See Section 172.327 for a discussion of
proposed marking requirements.
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    \1\ References: Milby T. Baselt R. Hydrogen sulfide poisoning.
Clarification of some controversial issues. Am J Ind Med. 1999; 35:
192-195. Beauchamp R, Bus J, Popp J, Boreiko C, Andjelkovich D. A
critical review of the literature on hydrogen sulfide toxicity. CRC
Crit Rev Toxicol. 1984; 13:25-97. Deng J. Hydrogen sulfide. In:
Sullivan J, Kreiger G, eds. Hazardous Materials Toxicology: Clinical
Principles of Environmental Health. Baltimore: Williams and Wilkins;
1997: 711-717. National Institute for Occupational Safety and
Health. Criteria for a Recommended Standard for Occupational
Exposure to Hydrogen Sulfide. Washington, DC: U.S. Government
Printing Office; 1977: 23. DHEW (NIOSH) Publication No. 77-158.
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B. Classification of Division 1.4S Explosives

    For eight Division 1.4 explosive articles (UN0323, UN0366, UN0441,
UN0445, UN0455, UN0456, UN0460, and UN0500), the UN Model Regulations
have been amended to require a Type 6(d) test to determine whether an
article may be assigned to Compatibility Group S. The test is performed
on a single package containing an explosive substance or explosive
article to determine if the package is capable of containing any
hazardous effects in the event of an accidental initiation or ignition
of its contents. The amendments include revisions to the explosives
testing standards in the UN Manual of Tests and Criteria and include a
new special provision that would allow the use of the above mentioned
identification numbers only if the results of test Type 6(d)
successfully demonstrate that any hazardous effects are confined within
a package. In the ANPRM, we invited commenters to provide data and
information concerning the possible safety impacts of the new test
provisions and compliance costs that would be incurred if the new test
is adopted in the HMR. In addition, we invited commenters to provide
suggestions or recommendations concerning whether to apply the test to
already-approved explosives.
    We received several comments both supporting (COSTHA, DGAC, and
IME) and opposing (ASEPO and SAAMI) adoption of the Type 6(d) test to
determine whether a Division 1.4 explosive article may be assigned to
Compatibility Group S. All the commenters who addressed this issue
indicate that, if adopted, the test must be applied to previously-
approved articles in a manner that is reasonable and not overly broad.
A suggestion by both DGAC and IME is to allow the classification of
previously-approved explosive articles to be based on results of
testing of product groups by a PHMSA-approved laboratory or based on
results of self-testing and video documentation by the manufacturer.
    Concerning compliance costs, IME states:

    [D]epending upon the laboratory, the cost of performing the test
will range from $1,000 to $5,000 per article tested. This estimate
includes the cost of samples consumed in testing, the cost of
transporting those samples to the laboratory, and the cost of set
up, performance, and evaluation of the test. In the case of already
approved explosives, if self-testing is allowed, the cost per
article tested might be somewhat reduced. Also, the cost of the test
will be influenced by the extent to which testing is required * * *
If the current practice of family classifications is maintained,
where ``worst-case'' representative samples are allowed for
evaluation of groups of similar articles, the number of tests and
the cost of those tests will be reduced.

    ASEPO and SAAMI oppose adoption of the Type 6(d) test. SAAMI
suggests that more research on the practical effect of this testing
requirement is necessary and that the lack of grandfathering criteria
for products already approved as Division 1.4S explosives (e.g., power
device cartridges) is impractical, expensive, and impedes commerce.
Concerning compliance costs, ASEPO states:

    [O]ur organization has contacted all the authorized laboratories
regarding the cost of conducting the testing. While the ``several
thousand dollars'' figure for testing alone often associated with
discussions of such inquiries is not inaccurate, it is important to
note that we also received a detailed proposal

from one laboratory for $10,000 and one for $13,000 for this [Type
6(d)] test.

    ASEPO also indicates concern regarding the cost of articles
consumed in testing in addition to the cost of pre-testing or redesign
of an article by a manufacturer to ensure passing the Type 6(d) test,
but did not quantify these costs.
    While PHMSA understands that additional required tests usually
result in increased research and development costs, we believe there is
merit to additional required tests when there is a credible and
measureable increase in safety. Consequently, PHMSA proposes to require
the incremental testing of all new and previously approved designs,
depending on the intended mode of transport, under the newly adopted
criteria for those affected articles expected to obtain or retain a
Division 1.4S classification. For newly produced explosive articles, a
person who successfully performs the Type 6(d) test would not be
required to also perform the Type 6(a) test. PHMSA believes such
initiatives will greatly reduce research and development costs without
compromising safety.
    In this NPRM, PHMSA proposes to require the Type 6(d) test as
prescribed in Section 16.7 of the Fifth revised edition of the UN
Manual of Tests and Criteria in the new Sec.  172.102(c)(1), Special
provision 347. PHMSA is proposing that for affected articles intended
for transportation by aircraft, the effective date of this new
requirement is April 1, 2011. If a manufacturer or approval holder of
affected articles that previously classed and approved an article as
Division 1.4S chooses to continue offering such shipments by aircraft,
the articles must be successfully tested under Test Series 6(d) and a
new approval obtained from PHMSA. Additionally, a previously classed
and approved Division 1.4S article that is not successfully tested
under Test Series 6(d) must be assigned to a compatibility group other
than ``S'' (e.g., B, C, or D) prior to the April 1, 2011 effective date
if intended for transportation by aircraft on or after that date. PHMSA
is also proposing that the effective date of testing to maintain
Division 1.4S classification or reclassification to a higher
compatibility group other than ``S'' is no later than January 1, 2014
for Division 1.4S articles approved prior to January 1, 2012 and are
intended for domestic highway or rail transportation. For previously-
approved affected articles transported by highway, rail and vessel,
reclassification to a compatibility group other than ``S'' may be
accomplished by using existing data and when recommended by an
authorized examination and testing agency approved by PHMSA. For
international highway, rail and vessel transportation, the proposed
effective date of Type 6(d) testing requirements or reclassification
for new and previously produced affected articles is January 1, 2012
(i.e., the compliance date of a final rule under this docket, if
adopted as proposed).

C. IBC Rebottling

    Under both the UN Model Regulations and the HMR, replacement of the
rigid plastic receptacle of a composite IBC is considered a ``repair''
under certain conditions and, thus, not subject to design qualification
testing as a new or different design. The UN Model Regulations were
amended to specify that a replacement bottle (i.e., rigid plastic
receptacle) must be of the original tested design type and limits the
replacement to a bottle from the original manufacturer. In the ANPRM,
we invited comments on this amendment and how, if adopted in the HMR,
it would impact the use of IBCs in domestic or international commerce.
    All commenters who addressed this issue (DGAC, DuPont, and RIPA)
support the adoption of the UN Model Regulations definition of
``repair'' for IBC rebottling purposes. The comments include a request
for an extended compliance date of January 1, 2012, to provide users
and manufacturers of composite IBCs adequate time to implement the
provision and not place them at an economic disadvantage with
international counterparts. In this NPRM, we are proposing to adopt the
revised definition of ``repair'' for composite IBCs consistent with
international standards. Additionally, to address commenter concern,
PHMSA reminds them of the proposed compliance date of a final rule
under this docket would be no earlier than January 1, 2012. See Section
180.350 for a discussion of the proposed revision.

D. Limited Quantities and Consumer Commodities

    PHMSA has long recognized the need to authorize limited exceptions
for the transportation of certain hazardous materials described as
limited quantities or consumer commodities. Considerable efforts have
recently been made internationally to harmonize multi-modal standards
with regard to the transport of limited quantities, including consumer
commodities. PHMSA held public meetings on this issue in February, 2006
and March, 2008 to discuss potential impacts on domestic stakeholders.
Additionally, this issue was discussed during the agency's pre-UN
public meetings held in 2006 and 2007. There was considerable domestic
interest in pursuing further harmonization internationally due to the
potential for substantial savings in transportation costs and improved
transportation efficiency. In the ANPRM, PHMSA invited comments on this
issue with regard to aligning the HMR with the UN Model Regulations for
the domestic and international transport of limited quantities and
consumer commodities. Of particular concern, was any potential negative
impact on the domestic transportation of hazardous materials reclassed
as Consumer commodity, ORM-D. While some changes adopted in the UN
Model Regulations are similar to those currently in the HMR (e.g.,
inner packaging limits and authorized use of non-specification outer
packagings), some changes are not (e.g., marking, labeling and package
gross mass). PHMSA suggested that, depending on comments received and
our own evaluation, the agency may determine that the significance of
any amendments on this issue may warrant a separate rulemaking action.
    We received several comments (ACA, AHS, COSTHA, DGAC, DuPont,
FedEx, PPG, SAAMI, and UPS) supporting adoption of the UN Model
Regulation limited quantity provisions into the HMR. UPS urges PHMSA to
move to adopt the Limited Quantity provisions as contained in the UN
Model Regulations, stating:

    [B]y * * * phasing out the current provisions of 49 CFR on a
well-publicized schedule, PHMSA will improve the general
understanding * * * [I]t is the understanding of UPS that PHMSA may
be contemplating replacement of the current ORM-D classifications
with the Limited Quantity provisions of the UN Model Regulations.
UPS supports such a change * * * The U.S. is unique in its use of
the ORM-D classification; other countries do not always recognize
the meaning of the ORM-D marking, which means that packages intended
for global commerce must be marked in more than one way. While PHMSA
has held that such dual (or multiple) markings are authorized,
multiple markings complicate hazard communication and have the
potential to confuse both shipper and carrier personnel.
    AHS adds:
    To cut back to one system, using one mark, without shipping
documents and descriptions for each separate inner receptacle, would
enhance compliance and comprehension throughout the transportation
system.

    However, several commenters (ACA, DGAC, DuPont, and SAAMI) express
concern that this should not be done at

the expense of the ORM-D provisions currently in the HMR. ACA opposes
the elimination of the existing provisions for ORM-D materials as part
of HM-215K and recommends that any changes to the requirements be made
through a separate rulemaking. SAAMI states:

    [SAAMI] welcome[s] changes to the Limited Quantities (LQ) system
which will reduce the regulatory burden for lower hazard products in
consumer sized packages * * * and government and industry need time
to use the new system and work out any bugs. If in the future LQ is
shown to have all the benefits of ORM-D, then ORM-D can be phased
out. Meanwhile, the ORM-D system in the US should remain unchanged.
    DGAC notes:
    [S]ome items eligible for ORM-D classification are not permitted
as limited quantities (e.g., small arms ammunition). In addition, we
note that ORM-D provisions in Sec.  173.156 important to retail sale
of consumer commodities are not applicable to limited quantities of
hazardous materials. We also note that the US Postal Service
regulations allow some ORM-D materials to be transported by mail.
Eliminating ORM-D provisions could adversely impact use of the mail
for packages of some ORM-D materials (e.g., recycling of small spent
fuel cell devices).

    PHMSA believes that aligning the existing limited quantity
provisions in the HMR with the international standards will
substantially enhance safety. The agency emphasizes that the proposals
in this NPRM do not include the immediate or short-term removal of the
existing ``limited quantity'' provisions in the HMR (including Consumer
commodities, Cartridges, small arms and Cartridges, power device in the
ORM-D hazard class). Because the limited quantity provisions in the UN
Model Regulations and the IMDG Code are closely aligned with those
already contained in the HMR, domestic alignment for highway, rail and
vessel transportation will result in minimal impact and regulatory
burden. And, because of the inherent risk unique to air transportation,
we believe full harmonization with the ICAO TI (where appropriate) is
necessary with regard to the materials authorized and quantity limits
for limited quantities (including consumer commodities) intended for
transport by air. The following table is used to illustrate the
differences that exist between the HMR and corresponding international
modal standards regarding limited quantities and consumer commodities:

                                                       Limited Quantities and Consumer Commodities
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Requirement                      HMR LQ                 HMR ORM-D                UN LQ                ICAO TI LQ            IMDG CODE LQ
--------------------------------------------------------------------------------------------------------------------------------------------------------
Marking............................  PSN or UN diamond/      ``ORM-D'' or ``ORM-D-   UN diamond/ID or    UN diamond/ID (Sec.       AIR'' ``Consumer        i> unless consumer     diamond and ``LTD      i> unless consumer
                                      Sec.   172.301 and      commodity'' (Sec.       commodity (ID not required).                             i> not required).
                                                                                Exception includes
                                                                                MARPOL.
Labeling...........................  None unless Division    None..................  None.................  Required.............  None (Placard-size
                                      6.1, Packing Groups                                                                           CTU LQ mark
                                      II and III.                                                                                required).
Documentation......................  Required..............  ORM-D-AIR only unless   Required unless a      Required.............  Required unless
                                                              RQ, waste or MARPOL.    consumer commodity.                           consumer commodity.
Material Authorizations............  PSN entry must cite     Generally, all          Similar to HMR except   Aerosols      Generally, aligned
                                      exception section in    materials authorized    as follows:            (Divisions 2.1, 2.1    with UNMR with minor
                                      Column (8A) of HMT,     LQ except for           Division 2.2   w/sub risks) and       vessel-unique
                                      typically one of the    Division 6.1, PG II     only (except           Small receptacles      requirements.
                                      following:              (unless drug or         aerosols).             (Divisions 2.1, 2.2
                                      Divisions 2.1   medicine).              Certain        w/o sub risks).
                                      and 2.2 (gases and                              Class 9 materials      Class 3, PG
                                      aerosols).                                      not authorized LQ.     II, III..
                                      Class 3 (PG                            Compared to HMR, the    Division
                                      II, III).                                       UNMR:.                 4.1, PG II, III (no
                                      Division 4.1                            Permits (9)    self-reactives).
                                      (Flam solids), PG II,                           PG I Class 3           Division
                                      III.                                            materials as LQ.       4.3, PG II, III
                                      Division 4.3,                           Permits (10)   (solids only).
                                      PG II, III.                                     Class 9 materials as   Division
                                      Division 5.1,                           LQ..                   5.1, PG II,III.
                                      PG II, III.                                                            Division
                                      Division 5.2,                                                  5.2, Types C, D, E,
                                      Types B, C, D, E, F.                                                   F when part of PRK,
                                      Division 6.1,                                                  FAK or CK.
                                      PG II, III.                                                            Division
                                      Class 8, PG                                                    6.1, PG II, III.
                                      II, III.                                                               Class 8, PG
                                      Class 9......                                                  II, III excluding
                                     Compared to UNMR the                                                    2794, 2795, 2803,
                                      HMR:.                                                                  2809 and 3028
                                      Permits (23)                                                   (batteries, gallium,
                                      PG I Class 3                                                           mercury).
                                      materials as LQ..                                                      Class 9
                                      Permits (11)                                                   (1941, 1990, 2071,
                                      Class 9 materials as                                                   3077, 3082, 3316
                                      LQ.                                                                    only).

LQ Quantity Limits.................   Aerosols more  ORM-D-AIR inner         Generally, aligned      Aerosols/     Generally, aligned
                                      restrictive than        packaging quantity      with HMR w/minor       Small receptacles:     with UNMR with minor
                                      UNMR, ICAO TI and       limits are specified    differences (e.g.,     30 Kg G.               vessel-unique
                                      IMDG Code.              in Sec.   173.27 and    Division 6.1 and       Inner and      requirements.
                                      Classes and     are based on Column     Class 9 materials).    outer packaging
                                      Divisions 3-9           (9A) and (9B) values                           quantity limits
                                      generally aligned w/    in the HMT, or, in                             generally aligned
                                      int'l codes except      Sec.  Sec.   173.150-                          with UNMR.
                                      for materials w/        173.155 and 173.306,
                                      primary or sub risk     whichever value is
                                      of Division 6.1, PG     more restrictive.
                                      II and III.             They normally exceed
                                                              the ICAO TI inner
                                                              packaging quantity
                                                              limit values for LQ.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on the favorable comments received in response to the ANPRM,
PHMSA proposes to adopt limited quantities provisions into the HMR
based on the UN Model Regulations, IMDG Code and the ICAO TI that
include a transitional period sufficient in length to allow
stakeholders adequate time to comply with the new requirements. We are
proposing to authorize immediate voluntary compliance with the new
requirements upon the effective date of any final rule. Additionally,
we are proposing to eliminate the ORM-D and ORM-D-AIR hazard class
limited quantities described as ``Consumer commodities'' after three
years, effective January 1, 2014, if the amendments proposed in this
notice are adopted in a final rule. Such materials or articles would
simply become limited quantities based on risk rather than their
intended end-use. Additionally, for transportation by domestic highway
or rail, alignment of the HMR with international standards actually
increases the number of exceptions provided to limited quantities and
consumer commodities when compared to current HMR requirements for such
materials and articles. To address comments regarding exceptions
provided by the HMR to consumer commodities under Sec.  173.156, we are
proposing to extend the exceptions to all limited quantities regardless
of their end-use. To address the comment regarding the U.S. Postal
Service (USPS) allowing certain packages classed as ORM-D in the postal
system, we intend to work very closely with our USPS counterparts to
ensure a seamless transition to the new HMR requirements and assist
them in any way we can.
    For Cartridges, small arms and Cartridges, power device in the ORM-
D hazard class, we are proposing to also continue authorizing such
articles indefinitely under the exceptions provided in Sec.  173.63 of
the HMR for domestic transportation by highway or rail. For more
discussion of proposed amendments to the HMR as a result of the further
alignment with international standards, see the detailed discussion in
the affected sections under the ``Section-by-Section Review.'' The
following sections are affected by the amendments proposed in this NPRM
regarding limited quantities and consumer commodities:
     Sec.  172.203 Additional description requirements.
     Sec.  172.315 Packages containing limited quantities.
     Sec.  172.316 Packages containing materials classed as
ORM-D.
     Sec.  172.500 Applicability of placarding requirements.
     Sec.  173.25 Authorized packagings and overpacks.
     Sec.  173.27 General requirements for transportation by
aircraft.
     Sec.  173.63 Packaging exceptions.
     Sec.  173.144 Other regulated materials (ORM)--
Definitions.
     Sec.  173.150 Exceptions for Class 3 (flammable and
combustible liquids).
     Sec.  173.151 Exceptions for Class 4.
     Sec.  173.152 Exceptions for Division 5.1 (oxidizers) and
Division 5.2 (organic peroxides).
     Sec.  173.153 Exceptions for Division 6.1 (poisonous
materials).
     Sec.  173.154 Exceptions for Class 8 (corrosive
materials).
     Sec.  173.155 Exceptions for Class 9 (miscellaneous
hazardous materials).
     Sec.  173.156 Exceptions for ORM materials.
     Sec.  173.161 Chemical kits and first aid kits.
     Sec.  173.165 Polyester resin kits.
     Sec.  173.167 Consumer commodities.
     Sec.  173.230 Fuel cell cartridges containing hazardous
material.
     Sec.  173.306 Limited quantities of compressed gases.

E. Metal Hydride Storage Systems in Conveyances

    A metal hydride storage system is a single complete hydrogen
storage system that includes a receptacle, metal hydride, a pressure
relief device, a shut-off valve, service equipment, and internal
components. The HMR currently do not prescribe specific packaging or
shipping methods for metal hydride storage systems containing hydrogen.
However, PHMSA has issued a number of special permits to allow the use
of these systems for transport. The UN Model Regulations, in new
Packing Instruction P205, prescribe standards for the construction,
qualification, marking and requalification of such systems. In the
ANPRM, PHMSA invited comments on whether similar standards should be
adopted in the HMR.
    One commenter (DGAC) supports adoption of the standards for the
construction, qualification, marking, and requalification of metal
hydride storage systems containing hydrogen. Thus, in this NPRM, PHMSA
is proposing to adopt the standards for the construction,
qualification, marking and requalification of hydrogen in metal hydride
storage systems adopted in the UN Model Regulations. See Section
173.311 for a detailed discussion of proposed requirements.

F. In Vitro Testing for Corrosivity

    In 1993, RSPA (the predecessor agency to PHMSA) began recognizing
an alternative test method (i.e., in vitro testing) to determine the
corrosivity of a hazardous material for transportation purposes under
the terms and conditions specified in a special permit (DOT-SP 10904).
Similar in vitro test

methods are prescribed in the following Organization for Economic
Cooperation and Development (OECD) Guidelines for the Testing of
Chemicals and were adopted in the UN Model Regulations:
     No. 430, In Vitro Skin Corrosion: Transcutaneous
Electrical Resistance Test (TER) (2004);
     No. 431, In Vitro Skin Corrosion: Human Skin Model Test
(2004); and,
     No. 435, In Vitro Membrane Barrier Test Method for Skin
Corrosion (2006).
    Because methods 430 and 431 can be used to determine corrosivity
for other than transportation purposes, they cannot be used to
determine the Packing Group (PG) assignment of a material that tests
positive for corrosivity for the purposes of hazardous materials
transportation. A negative result for corrosivity under methods 430 and
431 can, however, preclude further testing to determine the PG
assignment using method 404, the current OECD Guideline involving in
vivo testing or, method 435, the newly adopted OECD Guideline involving
in vitro testing.
    We received three comments (DGAC, DuPont, and PPG) supporting
adoption and use of the OECD in vitro test methods for determining
corrosivity on the basis of reducing the number of tests requiring live
animals.
    Based on the overwhelming support for adoption in the HMR, in this
NPRM PHMSA is proposing to adopt and authorize the use of the OECD in
vitro methods. See Sec.  173.137 for further discussion of such
methods.

III. Harmonization Proposals in This NPRM

    In this NPRM, PHMSA is proposing the following amendments to
harmonize the HMR with the most recent revisions to the UN Model
Regulations, ICAO TI, and the IMDG Code:
     Hazardous Materials Table (HMT): Amendments to the HMT to
add, revise, or remove certain proper shipping names, hazard classes,
packing groups, special provisions, packaging authorizations, bulk
packaging requirements, passenger and cargo aircraft maximum quantity
limitations, and vessel stowage provisions.
     Limited Quantity Exceptions: Amendments for the highway,
rail, and vessel transportation of limited quantities are based on the
recently adopted limited quantity provisions in the UN Model
Regulations and IMDG Code. Amendments for the air transportation of
limited quantities are based on the 2011-2012 revision of the ICAO TI.
In addition, amendments are proposed to provide a transition period for
complete alignment of the HMR limited quantity eligibility (including
consumer commodities and certain articles of Class 2 and Division 1.4S
reclassed as ORM-D), when transported by all modes (domestic and
international), in accordance with HMR requirements that are based on
international standards for limited quantities and consumer
commodities.
     Organic Peroxide Tables: Amendments to the Organic
Peroxide Tables to add, revise, or remove certain hazardous materials
and provisions.
     Incorporation by Reference: Amendments to incorporate by
reference the 2011-2012 ICAO TI, Amendment 35-10 to the IMDG Code, and
the Sixteenth Revised Edition of the UN Model Regulations.
Additionally, we are proposing to update our incorporation by reference
of the Canadian Transportation of Dangerous Goods Regulations to
include Amendment 6 (SOR/2008-34) February 7, 2008 (pertains to
miscellaneous amendments); and Amendment 7 (SOR/2007-179) August 22,
2007 (pertains to highway cargo tanks). This incorporation by reference
augments the broad reciprocity provided in 171.12 where the HMR allow
the use of the Canadian TDG Regulations under certain conditions when
transporting hazardous materials to or from Canada by highway or rail.
     Petitions for Rulemaking: We are addressing one petition
for rulemaking: P-1550, from the People for the Ethical Treatment of
Animals (PETA) requesting that PHMSA incorporate by reference OECD
Guidelines 430, 431 and 435 into the HMR that prescribe in vitro
testing methods for determining corrosivity.
     Classification of Sour Crude Oil: See ANPRM comment
summary for discussion of issue and PHMSA proposal.
     Classification of Certain Division 1.4S Explosives: See
ANPRM comment summary for discussion of issue and PHMSA proposal.
     IBC Rebottling: See ANPRM comment summary for discussion
of issue and PHMSA proposal.
     Metal Hydride Storage Systems in Conveyances: See ANPRM
comment summary for discussion of issue and PHMSA proposal.

IV. Amendments Not Being Considered for Adoption in This NPRM

    This NPRM proposes changes to the HMR based on amendments made in
the UN Model Regulations (Sixteenth revised edition), IMDG Code
(Amendment 35-10) and the ICAO TI (2011-2012), which become effective
January 1, 2011 (the IMDG Code is effective January 1, 2012). We are
not, however, proposing to adopt all the amendments made to the various
international standards into the HMR. In many cases, amendments to the
international recommendations and regulations have not been adopted
because the framework or structure of the HMR makes adoption
unnecessary. In other cases, we have handled, or will be handling, the
amendments in separate rulemaking proceedings. If we have inadvertently
omitted an amendment in this NPRM, we will attempt to include the
omission in the final rule. However, our ability to make changes in a
final rule is limited by requirements of the Administrative Procedure
Act (5 U.S.C. 553). In some instances, we can adopt a provision
inadvertently omitted in the NPRM if it is clearly within the scope of
changes proposed in the notice, does not require substantive changes
from the international standard on which it is based, and imposes
minimal or no cost impacts on persons subject to the requirement.
Otherwise, in order to provide opportunity for notice and comment, the
change must first be proposed in an NPRM.
    One of the goals of this rulemaking is to continue to maintain
consistency between the HMR and the international requirements. We are
not striving to make the HMR identical to the international regulations
but rather to remove or avoid potential barriers to international
transportation.
    Below is a listing of those significant amendments to the
international regulations that we are not proposing to adopt in this
NPRM, with a brief explanation of why the amendment was not included:
    Requirements for Radioactive Materials. Notwithstanding two minor
shipping paper and labeling amendments, we are not proposing to adopt
provisions pertaining to the transportation of Class 7 (radioactive)
materials. Amendments to requirements pertaining to the transportation
of Class 7 (radioactive) materials are based on changes contained in
the International Atomic Energy Agency (IAEA) publication, ``IAEA
Safety Standards: Regulations for the Safe Transport of Radioactive
Materials.'' Due to their complexity, these changes are being addressed
in a separate rulemaking.
    Requirements for Lithium Batteries. On January 11, 2010, we
published an NPRM (HM-224F; 75 FR 1302). The NPRM includes provisions
to ensure all lithium batteries are packaged to reduce the possibility
of damage that could lead to a catastrophic incident, and minimize the
consequences of an incident should one occur. In addition, PHMSA

proposed to require lithium battery shipments to be accompanied by
hazard communication that ensures appropriate and careful handling by
air carrier personnel, including the flight crew, and informs both
transport workers and emergency response personnel of actions to be
taken in an emergency. The NPRM, which PHMSA developed in close
coordination with our colleagues in the Federal Aviation
Administration, is the latest in a series of actions PHMSA has taken to
address the very serious risks posed by lithium batteries in
transportation. The NPRM includes revisions to the HMR that are based
on lithium battery provisions in the Sixteenth revised edition of the
UN Model Regulations. Therefore, except for wheelchairs powered by
lithium ion batteries, we are not proposing to adopt new provisions
pertaining to the transportation of lithium cells and batteries in this
rulemaking. The docket for the lithium battery rulemaking can be found
elsewhere at http://www.regulations.gov under PHMSA-2009-0095.
    Requirements for Air Packaging. We are not proposing to adopt
provisions pertaining to certain packagings offered for transportation
by aircraft under this rulemaking. PHMSA is considering certain
amendments to the HMR related to requirements for the packaging of
hazardous materials intended for transportation by aircraft under a
separate docket (HM-231A). These would include amendments based on the
reformatted packing instructions in the 2011-2012 ICAO TI. PHMSA
published an ANPRM on July 7, 2008 (73 FR 38361) and, on May 14, 2010,
an NPRM (75 FR 27273). See http://www.regulations.gov under PHMSA-2007-
29364 for more information.

V. Section-by-Section Review

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

Part 171

Section 171.7
    The ``National Technology Transfer and Advancement Act of 1996''
directs agencies to use voluntary consensus standards. According to the
Office of Management and Budget (OMB), Circular A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities,'' government
agencies must use voluntary consensus standards wherever practical in
the development of regulations. Agency adoption of industry standards
promotes productivity and efficiency in government and industry,
expands opportunities for international trade, conserves resources,
improves health and safety, and protects the environment.
    To these ends, PHMSA actively participates in the development and
updating of consensus standards through representation on more than 20
consensus standard bodies. PHMSA regularly reviews updated consensus
standards and considers their merit for inclusion in the HMR.
    Section 171.7 lists all standards incorporated by reference into
the HMR. For this rulemaking, we evaluated updated international
consensus standards pertaining to proper shipping names, hazard
classes, packing groups, special provisions, packaging authorizations,
air transport quantity limitations, and vessel stowage requirements and
determined that the revised standards provide an enhanced level of
safety without imposing significant compliance burdens. These standards
have a well-established and documented safety history; their adoption
will maintain the high safety standard currently achieved under the
HMR. Therefore, we propose to update by adding and revising the
incorporation by reference materials under the following organizations:
     The American Society for Testing and Materials (ASTM)
    [cir] ASTM D56-05, Standard Test Method for Flash Point by Tag
Closed Tester (Referenced in Sec.  173.120(c)(1)(i)(A); Added to Sec.
171.7).
    [cir] ASTM D86-07a, Standard Test Method for Distillation of
Petroleum Products at Atmospheric Pressure (Added; Referenced in Sec.
173.121).
    [cir] ASTM D93-08, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester (Referenced in Sec.  173.120(c)(1)(ii)(A);
Added to Sec.  171.7).
    [cir] ASTM D1078-05, Standard Test Method for Distillation Range of
Volatile Organic Liquids (Added; Referenced in Sec.  173.121).
    [cir] ASTM D3278-96(2004)e1, Standard Test Methods for Flash Point
of Liquids by Small Scale Closed-Cup Apparatus (Referenced in Sec.
173.120(c)(1)(i)(B); Added to Sec.  171.7).
    [cir] ASTM D3828-07a, Standard Test Methods for Flash Point by
Small Scale Closed cup Tester (Referenced in Sec.  173.120(c)(1)(i)(C);
Added to Sec.  171.7).
     The International Civil Aviation Organization (ICAO)
Technical Instructions for the Safe Transport of Dangerous Goods by
Air, 2009-2010 Edition would be revised to incorporate 2011-2012
Edition.
     The International Convention for the Safety of Life at Sea
(SOLAS) Amendments 2002, Chapter II-2/Regulation 19, Consolidated
Edition 2004 would be revised to incorporate the 2009 Edition.
     The International Maritime Organization (IMO)
International Maritime Dangerous Goods Code, 2008 Edition,
Incorporating Amendment 33-08, English Edition, Volumes 1 and 2 would
be revised to incorporate Amendment 35-10.
     The International Organization for Standardization (ISO)
    [cir] ISO 1516:2002 Determination of flash/no flash--Closed cup
equilibrium method (Added; Referenced in Sec.  173.120).
    [cir] ISO 1523:2002 Determination of flash point--Closed cup
equilibrium method (Added; Referenced in Sec.  173.120).
    [cir] ISO 2719:2002 Determination of flash point--Pensky-Martens
closed cup method (Added; Referenced in Sec.  173.120).
    [cir] ISO 3405:2000 Petroleum products--Determination of
distillation characteristics at atmospheric pressure (Added; Referenced
in Sec.  173.121).
    [cir] ISO 3679:2004 Determination of flash point--Rapid equilibrium
closed cup method (Added; Referenced in Sec.  173.120).
    [cir] ISO 3680:2004 Determination of flash/no flash--Rapid
equilibrium closed cup method (Added; Referenced in Sec.  173.120).
    [cir] ISO 3924:1999 Petroleum products--Determination of boiling
range distribution--Gas chromatography method (Added; Referenced in
Sec.  173.121).
    [cir] ISO 4626:1980 Volatile organic liquids--Determination of
boiling range of organic solvents used as raw materials (Added;
Referenced in Sec.  173.121).
    [cir] ISO 4706:2008, Gas cylinders--Refillable welded steel
cylinders--Test pressure 60 bar and below (Added; Referenced in Sec.
178.71).
    [cir] ISO 10297:1999, Gas cylinders--Refillable gas cylinder
valves--Specification and type testing, First edition, May 1999, (E)
(Revised to incorporate 2006 Edition).
    [cir] ISO 10461:2005, Gas cylinders--Seamless aluminum-alloy gas
cylinders, Periodic inspection and testing, Second edition, February
2005, (E) (Revised to incorporate Addendum 1 (2006)).
    [cir] ISO 10692-2:2001 Gas cylinders--Gas cylinder valve
connections for use in the micro-electronics industry--Part 2:
Specification and type testing for valve to cylinder connections
(Added; Referenced in Sec.  173.40).

    [cir] ISO 13736:2008 Determination of flash point--Abel closed-cup
method (Added; Referenced in Sec.  173.120).
    [cir] ISO 16111:2008 Transportable gas storage devices -- Hydrogen
absorbed in reversible metal hydride (Added; Referenced in Sec. Sec.
173.311, 178.71).
    [cir] ISO 18172-1:2007, Gas cylinders--Refillable welded stainless
steel cylinders--Part 1: Test pressure 6 MPa and below (Added;
Referenced in Sec.  178.71).
    [cir] ISO 20703:2006, Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing (Added; Referenced in
Sec.  178.71).
     Organization for Economic Cooperation and Development
(OECD)
    [cir] Guidelines for the Testing of Chemicals, No. 430, In Vitro
Skin Corrosion: Transcutaneous Electrical Resistance Test (TER) (2004)
(Added; Referenced in Sec.  173.137);
    [cir] Guidelines for the Testing of Chemicals, No. 431, In Vitro
Skin Corrosion: Human Skin Model Test (2004) (Added; Referenced in
Sec.  173.137); and,
    [cir] Guidelines for the Testing of Chemicals, No. 435, In Vitro
Membrane Barrier Test Method for Skin Corrosion (2006) (Added;
Referenced in Sec.  173.137).
     Transport Canada, Transportation of Dangerous Goods
Regulations, including Clear Language Amendments 1 through 5 (Revised
to add Amendments 6 and 7).
     The United Nations Recommendations on the Transport of
Dangerous Goods-- Model Regulations, Fifteenth revised edition (2007),
Volumes I and II (Revised to incorporate the Sixteenth revised
edition).
Section 171.8
    This section defines terms generally used throughout the HMR that
have broad or multi-modal applicability. PHMSA is proposing to add the
following defined terms based on their adoption in the UN Model
Regulations:
    Metal hydride storage system. This term means a single complete
hydrogen storage system that includes a receptacle, metal hydride,
pressure relief device, shut-off valve, service equipment and internal
components used for the transportation of hydrogen only.
    Open cryogenic receptacle. This term means a transportable
thermally insulated receptacle for refrigerated liquefied gases
maintained at atmospheric pressure by continuous venting of the
refrigerated gas.
    Oxidizing gas. In this NPRM, PHMSA proposes to amend the definition
of Oxidizing gas. Oxidizing gas is now defined as a gas that may, by
providing oxygen, cause or contribute to combustion of other material
more than air does. We are proposing to revise the definition to
specify that an oxidizing gas is a pure gas or gas mixture with an
oxidizing power greater than 23.5% as determined by a method specified
in ISO 10156:1996 or 10156-2:2005. See also discussion of changes to
the HMT entries ``Air, compressed, UN1002'' and ``Compressed gas,
n.o.s., UN1956'' in Sections 172.101 and 173.115(k).
Section 171.23
    Section 171.23 prescribes the conditional requirements for specific
materials and packages transported under the various international
standards as permitted by the HMR. In this NPRM, except for
transportation by aircraft, we are proposing to remove the condition in
Sec.  171.23(b)(9) that stipulates certain Division 6.1 materials
transported as limited quantities are not excepted from labeling as
specified in Sec.  173.153(b). This proposed change aligns the labeling
requirements in the HMR for limited quantities with the international
standards without compromising safety. This is accomplished by the
current inner packaging quantity limits for Division 6.1 materials in
Packing Group (PG) II that are packaged under the exceptions provided
for such materials in Sec. Sec.  173.150-173.156 of the HMR.
Section 171.25
    Section 171.25 prescribes the additional requirements for specific
materials and packages transported under the IMDG Code as permitted by
the HMR. In this notice, we are proposing to delete paragraphs (c)(5)
and (d)(3) because the IMDG Code now requires cryogenic materials to be
stowed on deck.
    Effective January 1, 1997, vehicles and mechanical equipment
containing internal combustion engines were no longer subject to the
IMDG Code as conditionally designated under Amendment 28-96. Effective
January 1, 2012, such articles will once again be subject to the IMDG
Code under Amendment 35-10. Because the new requirements in the IMDG
Code are more stringent than requirements for similar articles in the
HMR, PHMSA is proposing to amend Section 171.25 by revising paragraph
(b)(1) and adding a new paragraph (b)(4) permitting use of the IMDG
Code or the HMR to prepare and stow vehicles and mechanical equipment
containing internal combustion engines when offered for transport by
vessel.

Part 172

Section 172.101
    Introductory text to the Sec.  172.101 HMT contains explanatory
text for each of the columns that comprise the HMT. Currently, Sec.
172.101(c)(10) provides specific requirements regarding the selection
of an appropriate proper shipping name for mixtures and solutions
containing more than one hazardous material of the same hazard class.
In many cases, such mixtures and solutions are best described by a
generic or ``not otherwise specified'' entry (i.e., an ``n.o.s.''
entry). For example, a solution containing two or more flammable liquid
constituents may best be described under the entry ``Flammable liquids,
n.o.s., UN1993.'' However, in some cases where two or more hazardous
materials may be present, a single hazardous material may predominate
where the other hazardous materials may be present in only trace
amounts. In such cases, a description applicable to the predominant
material may be more appropriate. A recent incident underscores the
importance of using the most specific and appropriate shipping
description. In that incident, an aluminum cylinder containing 99.9%
pure ethyl chloride ruptured in storage incidental to transport. It was
determined that the root cause was a reaction between the cylinder's
contents and the aluminum. The relevant construction standard for the
cylinder indicated that ethyl chloride was reactive with aluminum and
that aluminum was not recommended for the transport of ethyl chloride.
However, the shipper selected a generic compressed gas shipping
description rather than the ethyl chloride name due to the presence of
trace amounts of other hazardous materials. While we note that the
general requirements for packagings still broadly address the
responsibility of the shipper in selecting a packaging that is
compatible with its lading, and that these requirements were also
applicable and apparently overlooked, the incident nonetheless
highlights the benefit of using a more specific description, where
appropriate, to help ensure that the most appropriate transport
provisions are followed.
    To address this issue, the UN Model Regulations were amended to
require, except as otherwise specified, that a mixture or solution of a
single predominant hazardous material containing only traces of one or
more additional hazardous materials listed by name in the HMT or
additional non-hazardous constituents be assigned the UN number and
proper shipping name

of the predominant material contributing to the overall hazard
classification of the mixture or solution. Adopting a similar provision
in the HMR will enhance a shipper's ability to select the most
appropriate shipping description. Therefore, in this NPRM, PHMSA is
proposing to add a new paragraph Sec.  172.101(c)(10)(iv) outlining the
authorization to describe the mixture or solution based on the
predominant material contributing to the hazard classification.
Identification Numbers Preceded by the Letters ``ID''
    Paragraph (e) of Sec.  172.101 provides explanations for the
letters that precede identification numbers assigned to proper shipping
names in the HMT. In this NPRM, PHMSA is proposing to add an
explanation for identification numbers associated with those
descriptions recognized under the ICAO Technical Instructions only and
are preceded by the letters ``ID.'' Additionally, PHMSA is proposing to
recognize the international air description, ``ID8000, Consumer
commodity, 9'' in the HMT with material and article eligibility for use
of the description based on Special provision A112 and Packing
Instruction Y963 of the 2011-2012 ICAO Technical Instructions.
Hazardous Materials Table (HMT)
    In this NPRM, PHMSA is proposing to make various amendments to the
HMT. Readers should review all changes for a complete understanding of
the amendments. For purposes of the Government Printing Office's
typesetting procedures, proposed changes to the HMT appear under three
sections of the Table, ``remove,'' ``add,'' and ``revise.'' Certain
entries in the HMT, such as those with revisions to the proper shipping
names, appear as a ``remove'' and ``add.'' Proposed amendments to the
HMT include, but are not limited to the following:

New HMT Entries

UN3482 Alkali metal dispersions, flammable or Alkaline earth metal
dispersions, flammable.
UN3496 Batteries, nickel-metal hydride.

    This new HMT entry for UN3496 would include a ``W'' in Column (1)
to indicate use of this hazardous materials description would be
limited to vessel transport. PHMSA also proposes to include additional
language in Column (2) to refer shippers transporting nickel-metal
hydride batteries by modes other than vessel to the HMT entry
``Batteries, dry, sealed, n.o.s.'' for instruction on the transport
requirements for these batteries.

UN3485 Calcium hypochlorite, dry, corrosive or Calcium hypochlorite
mixtures, dry, corrosive with more than 39% available chlorine (8.8%
available oxygen).
UN3487 Calcium hypochlorite, hydrated, corrosive or Calcium
hypochlorite, hydrated mixture, corrosive with not less than 5.5% but
not more than 16% water.
UN3486 Calcium hypochlorite mixture, dry, corrosive with more than 10%
but not more than 39% available chlorine.
ID8000 Consumer commodity.

    This description would be added to the HMT as a Class 9
miscellaneous hazardous material to be used for the air transportation
of limited quantities of certain Class 2 materials (non-toxic aerosols
only), Class 3 materials (PG II and III only), Division 6.1 (PG III
only), UN3077, UN3082, and UN3175 provided such materials do not have a
subsidiary risk and are authorized aboard a passenger-carrying
aircraft.

UN3484 Hydrazine aqueous solution, flammable, with more than 37%
hydrazine, by mass.
UN3495 Iodine.

    Iodine is transported globally under a number of different shipping
descriptions dependent on the shipper. In the interest of reducing
risks associated with transport of iodine under various descriptions
and therefore, varied packaging, we are proposing to add this unique UN
number and shipping description to provide for specific packaging
requirements and faster identification and access to emergency response
information.

UN1471 Lithium hypochlorite, dry or Lithium hypochlorite mixture,
Division 5.1, PG III.

    Lithium hypochlorite is a common commercial product used as a
disinfectant that is often mixed with other non-hazardous organic
salts. Currently, the HMT only provides for a Division 5.1, PG II
designation for this material, yet testing conducted in accordance with
the UN Manual of Tests and Criteria has indicated that some common
commercial mixtures meet the criteria for classification in Division
5.1, PG III. Therefore, PHMSA is proposing to add a line to the current
entry to allow for classification of mixtures of lithium hypochlorite
in PG III, where appropriate.

UN3483 Motor fuel anti-knock mixtures, flammable.
UN3494 Petroleum sour crude oil, flammable, toxic.

    This entry would be authorized for international transportation
only.

UN3492 Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an
inhalation toxicity lower than or equal to 200 ml/m\3\ and saturated
vapor concentration greater than or equal to 500 LC50
UN3493 Toxic-by-inhalation liquid, corrosive, flammable, n.o.s. with an
inhalation toxicity lower than or equal to 1000 ml/m\3\ and saturated
vapor concentration greater than or equal to 10 LC50
UN3488 Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an
inhalation toxicity lower than or equal to 200 ml/m\3\ and saturated
vapor concentration greater than or equal to 500 LC50
UN3489 Toxic-by-inhalation liquid, flammable, corrosive, n.o.s. with an
inhalation toxicity lower than or equal to 1000 ml/m\3\ and saturated
vapor concentration greater than or equal to 10 LC50
UN3490 Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s.
with an inhalation toxicity lower than or equal to 200 ml/m\3\ and
saturated vapor concentration greater than or equal to 500 LC50
UN3491 Toxic-by-inhalation liquid, water-reactive, flammable, n.o.s.
with an inhalation toxicity lower than or equal to 1000 ml/m\3\ and
saturated vapor concentration greater than or equal to 10 LC50

    Amendments to the Column (1) symbols.
    The entries ``Elevated temperature liquid, flammable, n.o.s., with
flash point above 37.8 [deg]C, at or above its flash point, UN3256,''
``Elevated temperature liquid, n.o.s., at or above 100 [deg]C and below
its flash point (including molten metals, molten salts, etc.),
UN3257,'' and ``Elevated temperature solid, n.o.s., at or above 240
[deg]C, UN3258'' would be revised by adding the symbol G. The symbol G
identifies proper shipping names for which a technical name of the
hazardous material is required in parentheses in association with the
basic description. Requiring the technical name(s) for certain elevated
temperatures materials will help emergency responders in selecting the
proper materials for extinguishing a fire involving these hazardous
materials and will aid in estimating the temperature properties of the
materials (e.g., the melting point).
    The entries ``Metal catalyst, dry, UN2881'' and ``Metal catalyst,
wetted with a visible excess of liquid, UN1378'' would be revised by
adding the symbol G. The symbol G identifies proper

shipping names for which a technical name of the hazardous material is
required in parentheses in association with the basic description.
Requiring the technical name(s) for metal catalysts will aid emergency
responders in selecting the proper fire suppressant (e.g.,
CO2) in the event the hazardous material is involved in a
fire or in identifying other materials the metal catalyst could react
with.
    The entry ``Powder, smokeless, UN0509,'' would be revised by
deleting the symbol D. The symbol D identifies a proper shipping name
for domestic use only. This entry has been adopted into the UN Model
Regulations, the ICAO TI, and the IMDG Code. This proposed deletion is
consistent with our final rule published January 14, 2009 (HM-215J) (74
FR 2200) in which we indicate our intent to remove the symbol D in a
future rulemaking upon adoption of the entry into international
regulations.
    For the following Division 5.1 (oxidizer) materials and Division
6.1 (toxic) materials, the entries would be revised by adding the
symbol G. The symbol G identifies proper shipping names for which one
or more technical names of the hazardous material must be entered in
parentheses in association with the basic description on a shipping
paper. Knowledge of the technical name of toxic materials may aid
emergency responders with implementing more appropriate first aid
measures:

UN3141 Antimony compounds, inorganic, liquid, n.o.s.
UN1549 Antimony compounds, organic, liquid, n.o.s.
UN1556 Arsenic compounds, liquid, n.o.s. inorganic, including
arsenates, n.o.s.; arsenates, n.o.s.; arsenic sulfides, n.o.s.; and
organic compounds of arsenic, n.o.s.
UN1557 Arsenic compounds, solid, n.o.s. inorganic, including arsenates,
n.o.s.; arsenates, n.o.s.; arsenic sulfides, n.o.s.; and organic
compounds of arsenic, n.o.s.
UN1564 Barium compounds, n.o.s.
UN1566 Beryllium compounds, n.o.s.
UN3213 Bromates, inorganic, aqueous solution, n.o.s.
UN1450 Bromates, inorganic, n.o.s.
UN2570 Cadmium compounds
UN3210 Chlorates, inorganic, aqueous solution, n.o.s.
UN1461 Chlorates, inorganic, n.o.s.
UN1462 Chlorites, inorganic, n.o.s.
UN1583 Chloropicrin mixtures, n.o.s.
UN3362 Chlorosilanes, toxic, corrosive, flammable, n.o.s.
UN3361 Chlorosilanes, toxic, corrosive, n.o.s.
UN1935 Cyanide solutions, n.o.s.
UN2856 Fluorosilicates, n.o.s.
UN3212 Hypochlorites, inorganic, n.o.s.
UN2291 Lead compounds, soluble, n.o.s.
UN2024 Mercury compounds, liquid, n.o.s.
UN2025 Mercury compounds, solid, n.o.s.
UN3144 Nicotine compounds, liquid, n.o.s. or Nicotine preparations,
liquid, n.o.s.
UN1665 Nicotine compounds, solid, n.o.s. or Nicotine preparations,
solid, n.o.s.
UN3219 Nitrites, inorganic, aqueous solution, n.o.s.
UN2627 Nitrites, inorganic, n.o.s.
UN3214 Permanganates, inorganic, aqueous solution, n.o.s.
UN1482 Permanganates, inorganic, n.o.s.
UN2026 Phenylmercuric compounds, n.o.s.
UN2630 Selenates or Selenites.
UN3440 Selenium compound, liquid, n.o.s.
UN3283 Selenium compound, solid, n.o.s.
UN3284 Tellurium compound, solid, n.o.s.
UN3285 Vanadium compound, solid, n.o.s.

    Amendments to the Column (2) hazardous materials descriptions and
proper shipping names.
    The proper shipping name for the entry ``Detonator, assemblies,
non-electric, for blasting, UN0500,'' would be revised by removing the
comma after ``Detonator'' to read ``Detonator assemblies, non-electric,
for blasting.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
    The proper shipping name for the entry ``Engines, internal
combustion, flammable gas powered, UN3166,'' would be revised to read
``Engines, internal combustion or Engines, fuel cell, flammable gas
powered.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
    The proper shipping name for the entry ``Engines, internal
combustion, flammable liquid powered, UN3166,'' would be revised to
read ``Engines, internal combustion or Engines, fuel cell, flammable
liquid powered.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
    The proper shipping names ``Formaldehyde, solutions, flammable,
UN1198'' and ``Formaldehyde, solutions, with not less than 25 percent
formaldehyde, UN2209'' would be revised to remove an errant comma
between the words ``Formaldehyde'' and ``solutions.'' This revision
appears as a ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``1-Hydroxybenzotriazole,
anhydrous, wetted with not less than 20 percent water, by mass,
UN3474'' would be revised to read ``1-Hydroxybenzotriazole,
monohydrate.'' This revision appears as a ``Remove/Add'' in this
rulemaking.
    The proper shipping name for the entry ``Nitric acid other than red
fuming, with less than 65 percent nitric acid, UN2031'' would be
revised to read ``Nitric acid other than red fuming, with more than 20
percent and less than 65 percent nitric acid, UN2031.'' The proper
shipping name for the Packing Group I entry ``Nitric acid other than
red fuming, with more than 70 percent nitric acid, UN2031'' is added to
the HMT. In a final rule published on January 14, 2009 (HM-215J; 74 FR
2200), errors were made to both nitric acid entries and in this NPRM,
PHMSA proposes to align them correctly in accordance with the various
international standards. Additionally, we are proposing to remove the
outdated Packing Group II entry ``Nitric acid other than red fuming,
with not more than 70 percent nitric acid, UN2031'' that should have
been removed from the HMT in the same final rule.
    The proper shipping name for the entry ``Tars, liquid including
road asphalt and oils, bitumen and cut backs, UN1999'' would be revised
to read ``Tars, liquid including road oils and cutback bitumens.'' The
entries in the HMT applicable to transport of bitumen may cause
confusion with respect to the proper classification of the material.
The entries include ``Combustible liquid, n.o.s., NA1993, combustible
liquid'' and ``Tars, liquid including road asphalt and oils, bitumen
and cut backs, UN1999, 3,'' and the entries ``Elevated temperature
liquid, flammable, n.o.s., UN3256, 3'' and ``Elevated temperature
liquid, n.o.s., UN3257, 9,'' when the material is heated and offered
for transport. Bitumen is a hydrocarbon material derived from crude oil
having a flashpoint of 160 [deg]C or greater. Bitumens typically do not
meet the classification for a Class 3 flammable liquid except for
cutback bitumens which are blended with a flammable material such as
kerosene. Also, road asphalt is bitumen mixed with sand and fillers
which also does not meet the classification for a Class 3 flammable
liquid. Therefore, we propose to revise the proper shipping name
``Tars, liquid including road asphalt and oils, bitumen and cut backs''
by removing reference to asphalt and clarifying applicability to
cutback bitumens to read ``Tars, liquid including road oils and cutback
bitumens.'' This

revision appears as a ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``Trinitro-meta-cresol,
UN0216'' would be revised to read ``Trinitro-m-cresol.'' This revision
appears as a ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``Vehicle, flammable gas
powered, UN3166,'' would be revised to read ``Vehicle, flammable gas
powered or Vehicle, fuel cell, flammable gas powered.'' This revision
appears as a ``Remove/Add'' in this rulemaking.
    The proper shipping name for the entry ``Vehicle, flammable liquid
powered, UN3166,'' would be revised to read ``Vehicle, flammable liquid
powered or Vehicle, fuel cell, flammable liquid powered.'' This
revision appears as a ``Remove/Add'' in this rulemaking.
    Amendments to the Column (3) hazard class or division.
    PHMSA is proposing to revise the classification of a number of
entries to Division 6.1 toxic-by-inhalation primary hazards for
consistency with the adoption of classification changes into the 16th
revised edition of the UN Model Regulations. The changes are based on
data provided from a thorough review of literature on toxic-by-
inhalation materials. The review of literature is provided in Informal
Document UN/SCETDG/33/INF.8 submitted to the 33rd session of the UN
Sub-Committee of Experts on the Transport of Dangerous Goods which is
available at http://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.
    For the entry ``Tetranitromethane, UN1510,'' the Class 5 oxidizer
primary hazard would be revised to a Division 6.1 toxic-by-inhalation
material primary hazard to read 6.1.
    For the following Class 3 flammable liquid materials, the Class 3
primary hazard would be revised to a Division 6.1 toxic-by-inhalation
material primary hazard to read 6.1.

UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN3079 Methacrylonitrile, stabilized.
UN2605 Methoxymethyl isocyanate.
    For the following Class 8 corrosive materials, the Class 8 primary
hazard would be revised to a Division 6.1 toxic-by-inhalation material
primary hazard to read 6.1.

UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN1838 Titanium tetrachloride.
    Amendments to the Column (5) packing group (PG).
    The entry ``Carbon dioxide, solid or Dry ice, UN1845'' would be
revised by deleting the PG III designation. In general, the PG assigned
to a material identifies the degree of hazard the material represents
and determines the performance level of the packaging required for the
material. For example, a PG II material (i.e., a moderate hazard
material) is considered more hazardous and requires more stringent
packaging than a PG III material (i.e., a low hazard material). Dry ice
presents minimal risk during transport except where concentrations may
build up in a confined space. Therefore, in this NPRM, PHMSA proposes
to delete the PG III designation from the entry.
    For the following Division 6.1 toxic-by-inhalation materials, the
PG would be revised to read ``I''.

UN2668 Chloroacetonitrile.
UN1810 Phosphorous oxychloride.
UN2474 Thiophosgene.
UN1838 Titanium tetrachloride .
    PHMSA is proposing this revision to the PG assignment for these
entries for consistency with the adoption of changes into the Revised
16th edition of the UN Model Regulations. The changes are based on data
provided from a thorough review of literature on toxic-by-inhalation
materials. The review of literature is provided in Informal Document
UN/SCETDG/33/INF.8 submitted to the 33rd session of the UN Sub-
Committee of Experts on the Transport of Dangerous Goods which is
available at http://www.unece.org/trans/main/dgdb/dgsubc/c3inf33.html.
    Amendments to the Column (6) label(s).
    For the following hazardous material entries, PHMSA is proposing to
revise the labels for consistency with changes made to the
classification of these materials under amendments to Column (3) (see
above). The Class 3 (flammable liquid), Class 8 (corrosive), or
Division 5.1 (oxidizer) primary hazard labels, as appropriate, and the
Division 6.1 subsidiary hazard label would be revised to a Division 6.1
toxic-by-inhalation material primary hazard label and Class 3, Class 8,
or Division 5.1 subsidiary hazard label to read ``6.1, 3,'' ``6.1, 8,''
or ``6.1, 5.1,'' as appropriate.''

UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN3079 Methacrylonitrile, stabilized.
UN2605 Methoxymethyl isocyanate.
UN1810 Phosphorous oxychloride.
UN1510 Tetranitromethane.
UN1838 Titanium tetrachloride.
    Amendments to the Column (7) special provisions.
    The entry ``Compressed gas, n.o.s., UN1956'' would be revised by
deleting Special provision 77 which authorizes the use of this entry
for mixtures of gases with less than 23.5% oxygen when no other
oxidizing gases are present. Because we are proposing to modify the
definition of oxidizing gas in Sec.  171.8 of the HMR to indicate that
``a gas which may, by providing oxygen, cause or contribute to the
combustion of other material more than air does means pure gases or gas
mixtures with an oxidizing power greater than 23.5% oxygen'' and
because the entry ``Compressed gas, oxidizing, n.o.s., UN3156'' is
currently available in the HMT, the Special provision is redundant and
no longer necessary.
    The entry ``1-Hydroxybenzotriazole, monohydrate, UN3474'' would be
revised by deleting Special provision 162. Special provision 162
requires that for the material to be transported as a Division 4.1
desensitized material, it must be transported in such a manner that at
no time during the course of transportation does the percentage
concentration of water fall below 20%. Anhydrous hydroxybenzotriazole
rapidly converts to the monohydrate form in the presence of water, that
is, the thermally stable form of the substance. Additionally, tests
have indicated that the monohydrate maintains its water content under
temperature conditions encountered in storage and transport over
extended periods of time. This conforms to the intent of the provisions
specified in Special provision 162 and therefore, we are proposing to
delete Special provision 162 from the entry.
    The entry ``Motor fuel anti-knock mixtures, UN1649'' would be
revised by deleting Special provision 151. Special provision 151
requires that if this material also meets the definition of a Class 3
(flammable liquid) under Sec.  173.120 of the HMR, a FLAMMABLE LIQUID
label is required and the basic description on the shipping paper must
indicate the Class 3 subsidiary hazard. However, because of the
proposed addition of the new entry ``Motor fuel anti-knock mixtures,
flammable, UN3483'' which indicates a Class 3 subsidiary hazard, we
believe it is no longer necessary to assign Special provision 151 to
this entry.
    The entry ``Nitrogen, refrigerated liquid cryogenic liquid,
UN1977'' would be revised by adding new Special provisions 345 and 346.
See Section 172.102 Special Provisions for a discussion of new Special
provisions 345 and 346.
    The entry ``Oxygen, compressed, UN1072'' would be revised by adding
Special provision 110 authorizing an actuating cartridge (e.g., power
device cartridges of Division 1.4, compatibility groups C and S) to be
installed on a

cylinder containing oxygen without changing the classification of
Division 2.2. See Section 172.102 Special provisions for a detailed
discussion of our proposed revision to Special provision 110.
    The entry ``Pentaerythrite tetranitrate or Pentaerythritol
tetranitrate or PETN, with not less than 7 percent wax by mass'' would
be revised by assigning Special provision 120 to the entry. A final
rule published in the Federal Register on May 6, 1997, under Docket HM-
215B (62 FR 24689), added Special provision 120 to Sec.  172.102(c)(1)
of the HMR and assigned it to one of the phlegmatized HMT entries for
PETN (UN0411). In this notice, PHMSA is reassigning Special provision
120 to UN0411 in Column 7 of the HMT because it never appeared in the
subsequent HMR when printed but remains valid.
    The entry ``Petroleum crude oil, UN1267'' would be revised by
adding new Special provision 357 instructing a shipper, if applicable,
to use the entry ``Petroleum sour crude oil, flammable, toxic, UN3494''
for petroleum crude oil containing hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard when offered for transportation internationally.
    The entry ``Zinc ammonium nitrate, UN1512'' would be revised by
deleting Special provision IP2 which requires IBCs other than metal or
rigid plastic IBCs to be offered for transportation in a closed freight
container or a closed transport vehicle.
    The following Division 1.4, Compatibility Group S (1.4S) explosive
substance and article entries in the HMT would be revised by adding new
Special provision 347 which limits the use of the entries to only those
substances and articles that have passed Test series 6(d) of Part I of
the UN Manual of Tests and Criteria. See Section 172.102 Special
Provisions for a discussion of new Special provision 347.

UN0323 Cartridges, power device.
UN0460 Charges, bursting, plastics bonded.
UN0445 Charges, explosive, commercial without detonator.
UN0441 Charges, shaped, without detonator.
UN0500 Detonator assemblies, non-electric, for blasting.
UN0456 Detonators, electric for blasting.
UN0366 Detonators for ammunition.
UN0455 Detonators, non-electric, for blasting.
    The following Division 6.1 toxic-by-inhalation materials entries
would be revised by replacing the portable tank instruction T Code T22
with T20. The UN Committee of Experts on the Transport of Dangerous
Goods revised the T Code assignment for a number of Division 6.1 toxic-
by-inhalation materials from T14 to T20. Assigning T20 requires a
higher pressure for the periodic hydrostatic test (6 bar to 10 bar) and
a thicker minimum shell thickness (6 mm to 8 mm). This change is
consistent with the T Code assigned to the same materials in the HMT.
However, for the materials listed below, we assigned a T Code T22 which
requires a minimum shell thickness of 10 mm. We do not believe there
would be a safety risk in reducing the minimum shell thickness for
these materials from 10 mm to 8 mm. Therefore, for consistency with
revisions made to the T Code assignments under the 16th revised edition
of the UN Model Regulations as well as consistency with the current
assignment of T20 to a number of other Division 6.1 toxic-by-inhalation
material entries, the T Code T20 would be assigned for the following
materials.

UN2484 tert-Butyl Isocyanate.
UN2481 Ethyl isocyanate.
UN2486 Isobutyl isocyanate.
UN2483 Isopropyl isocyanate.
UN2482 n-Propyl isocyanate.
    The following Division 6.1 toxic-by-inhalation materials would be
revised by adding the portable tank special provision TP13 as a
conforming amendment to the proposed changes to the PG assignment for
these materials (see Amendments to Column (5) above). Special provision
TP13 requires the use of self-contained breathing apparatus when the
hazardous material is transported by vessel:

UN2668 Chloroacetonitrile.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN2474 Thiophosgene.
    The following Division 5.1 oxidizers would be revised by adding new
Special provision W1. Special provision W1 would except these materials
from regulation for vessel transport when transported in non-friable
prill or granule form. The material must be accompanied by a
certificate from an accredited laboratory stating that the product has
been tested in accordance with the UN Manual of Tests and Criteria.

UN1486 Potassium nitrate.
UN1498 Sodium nitrate.
UN1499 Sodium nitrate and potassium nitrate mixtures.
    Amendments to the Column (8) packaging authorizations.
    The four flammable liquid entries ``Alcohols, n.o.s., UN1987,''
``Ethanol, UN1170,'' ``Formaldehyde solutions, flammable, UN1198'' and
``Isopropanol, UN1219'' would be revised in Column (8A) by adding
section ``4b'' to the exceptions column. Section 173.4b prescribes the
requirements for de minimis quantities of hazardous materials offered
for transportation and transported by all modes, domestic or
international. We are proposing to add a paragraph (b) to allow non-
infectious specimens (e.g., museum specimens) preserved with small
amounts of certain Class 3 materials not to be subject to the HMR as
recently adopted in the international standards. This amendment is
consistent with previous interpretations we have issued on this matter.
    The entry ``Hydrogen in a metal hydride storage system or Hydrogen
in a metal hydride storage system contained in equipment or Hydrogen in
a metal hydride storage system packed with equipment, UN3468'' would be
revised in Column (8B) by deleting the current reference to Sec.
173.214 for authorized non-bulk packaging and adding new section
reference Sec.  173.311. (See the Section 173.311 summary for a
discussion of authorized packaging provisions for hydrogen in a metal
hydride storage system.)
    The entry ``Polyester resin kit, UN3269'' would be revised by
amending Columns (8A) and (8B) to read 173.165. Currently, Column (8A)
for the entry refers to Sec.  173.152 and Column (8B) refers to Sec.
173.225. For clarity and consistency, such articles should be
incorporated in their own packing instruction.
    Amendments to the Column (9) quantity limitations.
    Maximum quantities per package by passenger air and rail are
prescribed in Column (9A). Consistent with an amendment made to the
2011-2012 ICAO Technical Instructions, the quantity limitation for the
entry ``Silicon tetrachloride, UN1818'' would be revised from ``1 L''
to read ``Forbidden.''
    Columns 10 and 11 of Table 3-1 in the ICAO TI have long indicated
the limited quantity packing instruction and net quantity per package,
respectively, for substances and articles eligible to be packaged and
transported as a limited quantity by air. The ICAO TI identify a
limited quantity packing instruction with the letter ``Y'' preceding
the three-digit packing instruction number. PHMSA is considering
revising Column (9A) of the HMT in a future rulemaking by placing the
letter ``Y'' following the net quantity per package authorized aboard a
passenger-carrying aircraft for those substances or articles eligible
to be packaged and transported as a limited

quantity by air under the HMR. We believe this simple and
straightforward revision to the HMT will assist both shippers and
carriers, while not adding length or bulk to the HMT or the HMR.
    Amendments to the Column (10) vessel stowage requirements.
    Vessel stowage location (10A). For the following materials, we
propose to revise the authorized stowage locations in Column (10A) by
revising the stowage category to ``D.'' Assignment of stowage category
``D'' means the material must be stowed ``on deck only'' on a cargo
vessel and on a passenger vessel carrying a number of passengers
limited to not more than the larger of 25 passengers or one passenger
per each 3 meters of overall vessel length. The material is prohibited
on passenger vessels in which the limiting number is exceeded:

UN1951 Argon, refrigerated liquid (cryogenic liquid).
UN2187 Carbon dioxide, refrigerated liquid.
UN1143 Crotonaldehyde or Crotonaldehyde, stabilized.
UN1963 Helium, refrigerated liquid (cryogenic liquid).
UN1970 Krypton, refrigerated liquid (cryogenic liquid).
UN1647 Methyl bromide and ethylene dibromide mixtures, liquid.
UN2644 Methyl iodide.
UN2477 Methyl isothiocyanate.
UN2606 Methyl orthosilicate.
UN1913 Neon, refrigerated liquid (cryogenic liquid).
UN2201 Nitrous oxide, refrigerated liquid.
UN2337 Phenyl mercaptan.
UN1810 Phosphorous oxychloride.
UN1834 Sulfur chloride.
UN2474 Thiophosgene.
UN1838 Titanium tetrachloride.
UN2591 Xenon, refrigerated liquid (cryogenic liquids).

    Vessel stowage codes (10B). For the following hazardous materials,
we propose to remove from Column (10B) stowage code ``18'' (stowage
code ``143'' for UN3392) which prohibits the material from being
transported on any vessel carrying explosives (except Division 1.4S
explosives), and we propose to add in its place stowage code 78 which
requires the materials to be stowed ``separated longitudinally by an
intervening complete compartment or hold from'' explosives.

UN1131 Carbon disulfide.
UN1259 Nickel carbonyl.
UN3392 Organometallic substance, liquid, pyrophoric.
UN3394 Organometallic substance, liquid, pyrophoric, water-reactive.
UN3194 Pyrophoric liquid, inorganic, n.o.s.
UN2845 Pyrophoric liquids, organic, n.o.s.
Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the
transportation of specific hazardous materials. Special provisions
contain packaging requirements, prohibitions, and exceptions applicable
to particular quantities or forms of hazardous materials. PHMSA is
proposing the following revisions to the Sec.  172.102, Special
provisions:
    Special provision 15 would be revised by removing extraneous and
redundant regulatory text applicable to ``Chemical kits, UN3316'' and
``First aid kits, UN3316.''
    Special provision 40 would be revised to indicate that ``Polyester
resin kit, UN3269'' requires specification outer packaging based on the
PG assigned to the base (Class 3) material unless excepted as a limited
or excepted quantity. This revision is a clarification of the existing
requirement.
    Special provision 77 would be deleted. Special provision 77 allows
use of the entry ``Compressed gas, n.o.s., UN1956'' for mixtures of
gases with less than 23.5% oxygen when no other oxidizing gases are
present. PHMSA is proposing to modify the definition of oxidizing gas
in Sec.  171.8 to state that ``a gas which may, by providing oxygen,
cause or contribute to the combustion of other material more than air
does,'' meaning, pure gases or gas mixtures with an oxidizing power
greater than 23.5% oxygen. Because of the availability of the entry
``Compressed gas, oxidizing, n.o.s., UN3156'' in the HMT, we believe
Special provision 77 is redundant and no longer necessary.
    Special provision 78 would be revised to direct shippers to use the
entry ``Compressed gas, oxidizing, n.o.s., UN3156'' to describe
compressed air that contains pure gases or gas mixtures with an
oxidizing power greater than 23.5% oxygen. PHMSA is proposing to modify
the definition of oxidizing gas in Sec.  171.8 of the HMR to indicate
that ``a gas which may, by providing oxygen, cause or contribute to the
combustion of other material more than air does,'' meaning, pure gases
or gas mixtures with an oxidizing power greater than 23.5% oxygen.
Therefore, we believe this Special provision should also be revised to
emphasize the proposed revised definition and use of the proper
shipping description.
    Special provision 110 would be revised to include oxygen cylinders
for emergency use. Currently, fire extinguishers (UN1044) are assigned
Special provision 110 which authorizes the installation of a cartridge
power device (of Divisions 1.4C and S) on the fire extinguisher without
changing its classification as Division 2.2 provided the actuating
cartridge does not contain deflagrating (propellant) explosives
exceeding 3.2 g. Many of these types of fire extinguishers are used in
commercial aircraft applications where the actuating cartridge is
necessary for remote activation to discharge the fire suppressant
contained in the cylinder. Similarly, commercial aircraft are being
designed to incorporate small oxygen cylinders in the overhead panels
above passenger seats to provide emergency oxygen in the event of a
depressurization. The design of the system is that a small actuating
cartridge attached to each cylinder will be initiated once the
passenger starts breathing into the mask, which will allow the flow of
oxygen from these cylinders. In connection with the manufacturing and
maintenance of the aircraft, it is necessary for these small cylinders
to be transported with the actuator installed. The principal hazard
presented by these oxygen cylinders remains that of Division 2.2, and
not the Division 1.4 explosive hazard of the actuating cartridge;
therefore, in this NPRM, PHMSA is proposing to authorize the transport
of oxygen cylinders for emergency use with an installed actuating
cartridge without changing the classification of Division 2.2 provided
that the total quantity of deflagrating (propellant) explosives does
not exceed 3.2 g per oxygen cylinder and further provided that the
cylinders have an effective means of preventing inadvertent activation.
    For conformance with the addition of new proper shipping name(s)
for UN3166, Special provision 134 would be revised to specify that a
battery-powered vehicle or equipment that also contains 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. Furthermore, a battery-powered vehicle or
equipment that contains 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, an internal combustion
engine, and batteries.
    Special provision 135 would be revised to specify that an internal
combustion engine installed in a vehicle must be consigned to the
entries ``Vehicle, flammable gas powered'' or ``Vehicle, flammable
liquid powered,'' as appropriate. 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
batteries.
    Special provision 149 would be revised to indicate that the
exception provided may not be used for transportation by aircraft. This
special provision authorizes an increased amount of certain Class 3
(flammable liquid) materials in PG II that are also consumer
commodities and is not consistent with the limited quantities
authorized for air transportation in Sec.  173.27(f) of the HMR.
    Special provision 157 would be deleted because the language of this
provision has been combined with the language of revised Special
provision 135. Special provision 157 is currently assigned to the
entries ``Vehicle, fuel cell, flammable gas powered'' and ``Vehicle,
fuel cell, flammable liquid powered'' and instructs shippers that these
entries include hybrid electric vehicles powered by both an internal
combustion engine and wet, sodium or lithium batteries installed.
    Special provision 167 would be revised to require metal hydride
storage system(s) installed in conveyances, etc., to be approved by the
competent authority before acceptance for transport. Special provision
167 would also be applicable, where appropriate, to UN3166 entries
powered by fuel cells.
    Special provision 198 would be revised to include ``Perfumery
products, UN1266'' among the list of products that nitrocellulose
solutions containing not more than 20% nitrocellulose can be
transported as. PHMSA is also proposing to revise this provision to
clarify that the nitrocellulose may not contain more that 12.6%
nitrogen by dry mass.
    A new Special provision 340 would be added to provide special
instruction for the vessel transport of nickel-metal hydride batteries
(including cells). Except for nickel-metal hydride button cells or
nickel-metal hydride cells or batteries packed with or contained in
equipment, nickel-metal hydride cells or batteries would be required to
be securely packed and protected against short circuits in the same
manner as batteries transported as ``Batteries, dry, sealed, n.o.s.''
Additionally, when loaded in a vessel cargo transport unit in a total
quantity of 100 kg gross mass or more, nickel-metal hydride batteries
would be subject to the shipping paper and dangerous cargo manifest
requirements under Sec.  176.30 of the HMR.
    A new Special provision 343 would be added and assigned to new HMT
entry ``Petroleum sour crude oil, flammable, toxic, UN3494'' indicating
that for international transportation, this entry in the HMT must be
used for petroleum crude oil containing hydrogen sulfide in sufficient
concentration that vapors evolved from the crude oil can present an
inhalation hazard. As discussed in detail in response to comments
submitted to the ANPRM, for domestic transportation only, consideration
of vapor toxicity levels would not be required and the appropriate non-
toxic petroleum description may be used. However, a bulk packaging when
used for the domestic transport of petroleum crude oil would be
required to be marked in accordance with the new marking prescribed in
Sec.  172.327 of the HMR to provide warning of the potential hazard
from inhalation of hydrogen sulfide vapors.
    A new Special provision 345 would be added excepting from the
requirements of the HMR ``Nitrogen, refrigerated liquid cryogenic
liquid, UN1977'' transported in open cryogenic receptacles with a
maximum capacity of 1 L. 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.
    A new Special provision 346 would be added excepting from the
requirements of the HMR ``Nitrogen, refrigerated liquid cryogenic
liquid, UN1977'' transported in accordance with the requirements for
open cryogenic receptacles in Sec.  173.320 of the HMR. The receptacle
must contain no hazardous materials other than the liquid nitrogen
which must be fully absorbed in a porous material in the receptacle.
    A new Special provision 347 would be added restricting the use of
certain HMT entries classed as Division 1.4S explosive materials to
those substances and articles passing Test series 6(d) of Part I of the
UN Manual of Tests and Criteria (see Section 172.101 Hazardous
Materials Table (HMT) for the list of proper shipping names that would
be assigned Special provision 347). A Division 1.4 explosive is defined
as an explosive that presents a minor explosion hazard such that
hazardous effects are confined to a package and no projection of
fragments of appreciable size or range are expected; and that an
external fire must not cause virtually instantaneous explosion of
almost the entire contents of a package containing a Division 1.4
explosive. Under Sec.  173.58 of the HMR, an explosive substance or
article is subjected to Test series 6(a), 6(b), and 6(c) for assignment
to an appropriate division (e.g. Division 1.4). Explosive substances or
articles are assigned to Division 1.4, Compatibility Group S (1.4S) if
hazardous effects are confined within a package or the blast and
projection effects do not significantly hinder emergency response
efforts. Test series 6(a), 6(b), and 6(c) address hazard effects from
exposure of the package to a fire but do not address whether hazardous
effects from functioning of the substance or articles is confined
within the package. PHMSA is concerned that there is a possibility that
products classified as Division 1.4S based on behavior in a fire
according to test procedures of Type 6(c) may still produce a hazardous
effect that, when initiated, is not confined to a package. Initiation
or ignition as a result of fire, after the package is degraded, may
produce different results from functioning with the intended means of
ignition or initiation. Knowledge of the behavior of the article or
substance in both cases is needed to allow proper classification.
    As discussed in the comment summary in response to the ANPRM, PHMSA
is proposing to require the Type 6(d) test as prescribed in Section
16.7 of the Fifth revised edition of the UN Manual of Tests and
Criteria in the new Special provision 347. PHMSA is proposing that for
affected articles intended for transportation by aircraft, the
effective date of this new requirement is April 1, 2011. If a
manufacturer or approval holder of affected articles previously classed
and approved as Division 1.4S chooses to continue offering such
shipments by aircraft, the articles must be successfully tested under
Test Series 6(d) and a new approval obtained from PHMSA. Additionally,
a previously classed and approved Division 1.4S article that is not
successfully tested under Test Series

6(d) must be assigned to a compatibility group other than ``S'' (e.g.,
B, C, or D) prior to the April 1, 2011 effective date if intended for
transportation by aircraft on or after that date. PHMSA is also
proposing that for Division 1.4S articles approved prior to January 1,
2012 and, are intended for domestic highway or rail transportation, the
effective date of testing to maintain Division 1.4S classification or
reclassification to a higher compatibility group other than ``S'' is no
later than January 1, 2014. For previously approved affected articles,
for transportation other than by aircraft, reclassification to a
compatibility group other than ``S'' may be accomplished by using
existing data and when recommended by an authorized examination and
testing agency approved by PHMSA. For international highway, rail and
vessel transportation, the proposed effective date of Type 6(d) testing
requirements or reclassification for new and previously produced
affected articles is January 1, 2012.
    A new Special provision 349 would be added and assigned to
``Hypochlorites, inorganic, n.o.s., UN3212'' to specify that transport
of mixtures of hypochlorite and an ammonium salt is forbidden.
    A new Special provision 350 would be added and assigned to
``Bromates, inorganic, n.o.s., UN1450'' and ``Bromates, inorganic,
aqueous solution, n.o.s., UN3213'' to specify that transport of
ammonium bromate and its aqueous solutions and mixtures of a bromate
and an ammonium salt is forbidden.
    A new Special provision 351 would be added and assigned to
``Chlorates, inorganic, n.o.s., UN1461'' and ``Chlorates, inorganic,
aqueous solution, n.o.s., UN3210'' to specify that transport of
ammonium chlorate and its aqueous solutions and mixtures of a chlorate
and an ammonium salt is forbidden.
    A new Special provision 352 would be added and assigned to
``Chlorites, inorganic, n.o.s., UN1462'' to specify that transport of
ammonium chlorite and its aqueous solutions and mixtures of a chlorite
and an ammonium salt is forbidden.
    A new Special provision 353 would be added and assigned to
``Permanganates, inorganic, n.o.s., UN1482'' and ``Permanganates,
inorganic, aqueous solution, n.o.s., UN3214'' to specify that transport
of ammonium permanganate and its aqueous solutions and mixtures of a
permanganate and an ammonium salt is forbidden.
    A new Special provision 357 would be added and assigned to the
entry ``Petroleum crude oil, UN1267'' to clarify that when transported
internationally, petroleum crude oil containing hydrogen sulfide in
sufficient concentration that vapors evolved from the crude oil can
present an inhalation hazard must be transported under the entry
``Petroleum sour crude oil, flammable, toxic, UN3494.'' As discussed in
detail in response to comments submitted to the ANPRM, for domestic
transportation, use of the toxic description is not required; however,
a bulk package would be required to be marked in accordance with the
requirement of new Sec.  172.327 of the HMR. See Section 173.327 for a
discussion of the proposed marking requirement.
    Special provision A59 would be revised consistent with amendments
made to Special provision A131 of the 2011-2012 ICAO TI. Special
provision A59 allows for sterilization devices containing ethylene
oxide to be offered for transportation and transported by air (and
thereby all modes) under the excepted quantity provisions of Sec.
173.4a of the HMR. In this NPRM, PHMSA is proposing to revise Special
provision A59 to clarify that it is only applicable to glass inner
packagings, such as ampoules or capsules, intended for use in
sterilization devices and containing ethylene oxide. Currently, the
special provision does not explicitly limit the material of
construction to glass for inner packagings as intended.
    A new Special provision A112 would be added authorizing the
transportation of certain IBCs by passenger and cargo-only aircraft
that contain up to a maximum net quantity of 1,000 kg of a
Environmentally hazardous substance, solid, n.o.s. (UN3077). This
amendment is consistent with the authorization in the 2011-2012 ICAO
TI.
    In paragraph (c)(4), Table 1 (IBC Codes) would be editorially
revised to remove UN Specifications 31A, 31B and 31N from IBC Codes
IB4, IB5, IB6, IB7, and IB8. This revision is consistent with
amendments to international standards and removes the specifications
from the indicated codes in the table because IBC Codes IB4 through IB8
are assigned to solids whereas, UN Specifications 31A, 31B, and 31N are
authorized for transportation of liquids in IBC Codes IB1 through IB3
and assigned to liquid materials.
    A new portable tank special provision TP36 would be added
authorizing the use of fusible elements in the vapor space of portable
tanks with a gauge test pressure that exceeds 265 kPa (38.4 psig/2.65
bar). See Section 178.275 for a detailed discussion. This portable tank
special provision is only applicable to the following organometallic
materials:

UN3391 Organometallic substance, solid, pyrophoric.
UN3392 Organometallic substance, liquid, pyrophoric.
UN3393 Organometallic substance, solid, pyrophoric, water-reactive.
UN3394 Organometallic substance, liquid, pyrophoric, water-reactive.
UN3395 Organometallic substance, solid, water-reactive.
UN3396 Organometallic substance, solid, water-reactive, flammable.
UN3397 Organometallic substance, solid, water-reactive, self-heating.
UN3398 Organometallic substance, liquid, water-reactive.
UN3399 Organometallic substance, liquid, water-reactive, flammable.
UN3400 Organometallic substance, solid, self-heating.
    A new Special provision W1 would be added indicating that the
hazardous materials ``Potassium nitrate, UN1486,'' ``Sodium nitrate,
UN1498,'' and ``Sodium nitrate and Potassium nitrate mixtures, UN1499''
are not subject to the HMR when transported by vessel in non-friable
prills or granules form. The material would be required to be
accompanied by a certificate from an accredited laboratory stating that
the product has been properly sampled and tested by the laboratory
according to the UN Manual of Tests and Criteria.
Section 172.203
    Section 172.203 specifies additional hazardous materials
description requirements on shipping papers. Paragraph (b) is revised
to indicate that when a shipping paper is required, a limited quantity
must be indicated as such. This revision is necessary due to the
shipping paper exception proposed in this notice for limited quantities
intended for transportation by highway or rail.
Section 172.300
    Section 172.300 prescribes the applicability of the HMR marking
requirements incorporated in subpart D. Paragraph (l)(1) of Sec.
172.101 authorizes up to a one-year transition period for compliance
when new amendments are made to the HMT. This transition period allows
the continued use of preprinted shipping paper and marked packaging
stock until depleted or for one year, whichever comes first. Consistent
with the transition period authorized in Sec.  172.101(l)(1), in this
NPRM we propose to amend Sec.  172.300 of the HMR to authorize the
continued use of preprinted packaging stock for one-year or until
depleted (whichever is less) regardless of whether the amendment is the
result of a change made to the HMT, such as an amendment made to the
text

of a required marking in a packaging section. This proposed amendment
allows the continued use of preprinted packaging stock that is marked
before the effective date of any final rule with markings in accordance
with the manner previously authorized.
Section 172.312
    Section 172.312 prescribes the required orientation markings for
non-bulk packages containing liquids. PHMSA is proposing to amend
paragraph (c)(5) to clarify that the exception only applies to a
hermetically sealed inner packaging or receptacle not exceeding 500 mL
each.
Section 172.315
    Section 172.315 specifies the markings required on a package
containing limited quantities of hazardous materials. These new
markings are consistent with the UN Model Regulations, ICAO TI and IMDG
Code and are required on packages of limited quantities offered for
transportation by highway, rail, air and vessel. Additionally, PHMSA
received positive comments submitted in response to the ANPRM
concerning the new marking because the requirement specifies minimum
dimensions on each side (100 mm) that substantially increases the
visibility of the marking when compared with the current ORM-D marking
prescribed in Sec.  172.316 of the HMR. Commenters stated that
increased visibility of the mark will enhance safety while reducing
regulatory burden.
    For limited quantities intended for transportation by vessel, this
new marking with minimum dimensions of 250 mm on each side is required
on cargo transport units containing limited quantities. For limited
quantities intended for transportation by aircraft, the marking
requirements are in accordance with the 2011-2012 ICAO TI (i.e., ``Y''
mark on a white square on point) in addition to any required labels.
Section 172.316
    Section 172.316 prescribes marking requirements for packages
containing materials classed as ORM-D and ORM-D-AIR. If adopted in a
final rule, the marking prescribed in this section will no longer be
authorized for limited quantities three years after the effective date
of the final rule.
Section 172.322
    Section 172.322 prescribes marking requirements for packages
containing marine pollutants. PHMSA is proposing to add an exception
from the marking requirement in new paragraph (d)(2)(iii) for packages
of limited quantities marked in accordance with Sec.  172.315.
Section 172.324
    Section 172.324 prescribes marking requirements for packages
containing hazardous substances in non-bulk packagings. PHMSA is
proposing to revise paragraph (b) for packages containing hazardous
substances marked in accordance with the limited quantity marking
prescribed in Sec.  172.315.
Section 172.326
    Section 172.326 prescribes the marking requirements for portable
tanks. In this notice, we are proposing to revise paragraph (a) to
align the minimum height for a proper shipping name marked on a
portable tank to 65 mm when offered for transportation and transported
by vessel. This amendment is in response to a revision made in
Amendment 35-10 of the IMDG Code.
Section 172.327
    New section 172.327 specifies the marking required for a bulk
packaging containing petroleum crude oil to warn of the potential toxic
inhalation hazard from vapors evolved from hydrogen sulfide present in
the crude oil. PHMSA is proposing to require placement of the marking
used for toxic materials under the Globally Harmonized System of
Classification and Labeling of Chemicals (GHS) in the immediate
vicinity of any location on a bulk packaging, such as loading heads and
manholes that could pose a health risk to transportation workers if
exposed to hydrogen sulfide vapors emitted from that location. This
proposed hazard communication marking requirement is applicable to bulk
packagings in domestic transportation only. The new hazardous materials
description for ``Petroleum sour crude oil, flammable, toxic, UN3494''
proposed to be added to the HMT would be used for international
transportation of petroleum crude oil with hydrogen sulfide in
sufficient concentration that vapors evolved from the crude oil present
an inhalation hazard (for both bulk and non-bulk packagings).
Section 172.500
    Section 172.500 specifies the applicability of placarding
requirements to certain materials. PHMSA is proposing an amendment to
paragraph (b)(3) to clarify that limited quantities marked in
accordance with revised Sec.  172.315 of the HMR are not subject to
placarding requirements.
Section 172.502
    Section 172.502 specifies prohibited and permissive placarding
requirements. In this NPRM, PHMSA proposes to revise the exceptions
provided in paragraph (b)(2) to include the sour crude oil marking and
the limited quantity marking in Sec. Sec.  172.315 and 172.327 of the
HMR, respectively.

Part 173

Section 173.4
    Section 173.4 prescribes the requirements for small quantities of
hazardous materials offered for transportation and transported by
domestic highway or rail. PHMSA is proposing to revise paragraph (a)
and add new paragraph (a)(1)(v) to allow Division 2.2 (non-flammable,
non-poisonous, compressed gas) material without a subsidiary hazard
(except for aerosols) without applying for an approval from the
Associate Administrator as prescribed under paragraph (c) of this
section. Other Class 2 materials, including Division 2.2 aerosols, will
still require approval under Sec.  173.4(c) of the HMR. These
amendments are consistent with the authorization under Sec.
173.4a(b)(1) for Division 2.2 gases without a subsidiary hazard as well
as our proposal to exclude aerosols from authorized materials in Sec.
173.4a of the HMR. See Section 173.4a for a discussion of revisions
proposed for excepted quantities of hazardous materials.
Section 173.4a
    Section 173.4a prescribes the requirements for excepted quantities
of hazardous materials offered for transportation and transported by
all modes, domestic or international. PHMSA is proposing to amend
paragraph (a) by adding a new paragraph (a)(4) for pressure
differential capability for packages intended for transportation by
aircraft in accordance with Sec.  173.27(c) of the HMR. PHMSA is also
proposing to amend paragraph (b)(1) to clarify that the authorization
for Division 2.2 (non-flammable, non-poisonous, compressed gas)
excludes aerosols as an excepted quantity material. Such articles are
authorized as a limited quantity under both domestic and international
standards. Additionally, PHMSA is proposing to revise paragraph (b)(5)
to add polyester resin kits to the types of Division 5.2 (organic
peroxide) material authorized as an excepted quantity and to revise
paragraph (d)(3) by correcting the outer packaging aggregate quantity
limit for Division 5.2 liquids from 250 mL to 500 mL.

Section 173.4b
    Section 173.4b prescribes the requirements for de minimis
quantities of hazardous materials offered for transportation and
transported by all modes, domestic or international. Consistent with
the international standards, PHMSA is proposing to add a new paragraph
(b) to except non-infectious specimens preserved with small amounts of
certain Class 3 (flammable liquid) materials for scientific purposes
from the requirements of the HMR. This amendment is also consistent
with previous interpretations we have issued on this matter indicating
these specimens do not pose a risk to safety during the course of
transportations.
Section 173.25
    Section 173.25 prescribes the requirements for certain authorized
packagings and overpacks. Consistent with the international standards,
PHMSA is proposing to require an overpack containing packages of
limited quantity material marked with the new limited quantities
marking proposed in this NPRM (see the Section 172.315 discussion) to
be marked with the word ``OVERPACK'' if the markings are not visible,
in addition to all other required package markings. This mark is an
indication that the packages contained within the overpack are in
accordance with the HMR. Additionally, for excepted quantities (see the
Section 173.4a discussion) where the required package markings are not
visible inside an overpack, the excepted quantities marking must also
be placed on the overpack. An overpack containing packages of excepted
quantities is not required to be marked with the word ``OVERPACK.''
Section 173.27
    Section 173.27 prescribes the general requirements for packaging
offered or intended for air transportation. In this NPRM, PHMSA is
proposing to amend paragraph (f) by adding a new Table 3 that outlines
the requirements for limited quantities intended for air transportation
consistent with the 2011-2012 ICAO TI where appropriate.
Section 173.40
    Section 173.40 specifies the general packaging requirements for
toxic materials packaged in cylinders. PHMSA is proposing to amend
paragraph (c)(1) concerning closure requirements by requiring the valve
connections on UN Specification cylinders to be made by a taper thread
or some other means in accordance with ISO Standard 10692-2:2001.
Section 173.59
    Section 173.59 provides definitions of explosive terms and are
intended for information only. The UN recently defined the term
``phlegmatized'' as applying to the addition of a substance to an
explosive to enhance its safety in handling and transport. In this
NPRM, PHMSA is proposing to adopt the definition in the HMR without
modification.
Section 173.63
    Section 173.63 specifies packaging exceptions for certain Division
1.4S explosive articles authorized for reclassification and transport
as ORM-D material. Based on the proposed elimination of the ORM-D
hazard class, in this NPRM, PHMSA is authorizing the current exceptions
to continue to be used in all domestic modes of transportation for at
least three years after the effective date of a final rule, if adopted.
PHMSA invites comments or suggestions on how to facilitate a
straightforward transition from transportation of explosives articles