G............  Articles,                 1.4S  UN0349...........  II.........  1.4S...........  101, 148, 382.....  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............  25
                explosive, n.o.s.

                                                                                * * * * * * *
               Articles,                 1.4G  UN0431...........  II.........  1.4G...........  381...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............  25
                pyrotechnic for
                technical
                purposes.

                                                                                * * * * * * *
               Coating solution             3  UN1139...........  I..........  3..............  T11, TP1, TP8,      150............  201............  243............  1 L............  30 L...........  B..............
                (includes surface                                                                TP27.
                treatments or
                coatings used for
                industrial or
                other purposes
                such as vehicle
                undercoating,
                drum or barrel
                lining).
                                                                  II.........  3..............  149, IB2, T4, TP1,  150............  202............  242............  5 L............  60 L...........  B..............
                                                                                TP8, 383.
                                                                  III........  3..............  B1, IB3, T2, TP1..  150............  203............  242............  60 L...........  220 L..........  A..............

                                                                                * * * * * * *
G............  Corrosive liquid,            8  UN3264...........  I..........  8..............  A6, B10, T14, TP2,  None...........  201............  243............  0.5 L..........  2.5 L..........  B..............  40
                acidic,                                                                          TP27.
                inorganic, n.o.s.
                                                                  II.........  8..............  386, B2, IB2, T11,  154............  202............  242............  1 L............  30 L...........  B..............  40
                                                                                TP2, TP27.
                                                                  III........  8..............  IB3, T7, TP1, TP28  154............  203............  241............  5 L............  60 L...........  A..............  40
G............  Corrosive liquid,            8  UN3265...........  I..........  8..............  A6, B10, T14, TP2,  None...........  201............  243............  0.5 L..........  2.5 L..........  B..............  40
                acidic, organic,                                                                 TP27.
                n.o.s.
                                                                  II.........  8..............  148,B2, IB2, T11,   154............  202............  242............  1 L............  30 L...........  B..............  40
                                                                                TP2, TP27.
                                                                  III........  8..............  386, IB3, T7, TP1,  154............  203............  241............  5 L............  60 L...........  A..............  40
                                                                                TP28.
G............  Corrosive liquid,            8  UN3266...........  I..........  8..............  A6, T14, TP2, TP27  None...........  201............  243............  0.5 L..........  2.5 L..........  B..............  40, 52
                basic, inorganic,
                n.o.s.
                                                                  II.........  8..............  386, B2, IB2, T11,  154............  202............  242............  1 L............  30 L...........  B..............  40, 52
                                                                                TP2, TP27.
                                                                  III........  8..............  IB3, T7, TP1, TP28  154............  203............  241............  5 L............  60 L...........  A..............  40, 52

                                                                                * * * * * * *
G............  Corrosive liquids,           8  NA1760...........  I..........  8..............  A6, A7, B10, T14,   None...........  201............  243............  0.5 L..........  2.5 L..........  B..............  40
                n.o.s.                                                                           TP2, TP27.

                                                                  II.........  8..............  386, B2, IB2, T11,  154............  202............  242............  1 L............  30 L...........  B..............  40
                                                                                TP2, TP27.
                                                                  III........  8..............  386, IB3, T7, TP1,  154............  203............  241............  5 L............  60 L...........  A..............  40
                                                                                TP28.

                                                                                * * * * * * *
G............  Environmentally              9  UN3077...........  III........  9..............  8, 146, 335, 384,   155............  213............  240............  No limit.......  No limit.......  A..............
                hazardous                                                                        A112, B54, B120,
                substance, solid,                                                                IB8, IP3, N20,
                n.o.s.                                                                           N91, T1, TP33.

                                                                                * * * * * * *
D............  Fusee (railway or          4.1  NA1325...........  II.........  4.1............  381...............  None...........  184............  None...........  15 kg..........  50 kg..........  B..............
                highway).

                                                                                * * * * * * *
               Hydrochloric acid.           8  UN1789...........  II.........  8..............  386, A3, A6, B3,    154............  202............  242............  1 L............  30 L...........  C..............
                                                                                B15, B133, IB2,
                                                                                N41, T8, TP2.
                                                                  III........  8..............  A3, IB3, T4, TP1..  154............  203............  241............  5 L............  60 L...........  C..............  8

                                                                                * * * * * * *
               Hypochlorite                 8  UN1791...........  II.........  8..............  148, A7, B2, B15,   154............  202............  242............  1 L............  30 L...........  B..............  26
                solutions.                                                                       IB2, IP5, N34,
                                                                                T7, TP2, TP24.
                                                                  III........  8..............  386, IB3, N34, T4,  154............  203............  241............  5 L............  60 L...........  B..............  26
                                                                                TP2, TP24.

                                                                                * * * * * * *
               Lithium...........         4.3  UN1415...........  I..........  4.3............  A7, A19, IB4, IP1,  151............  211............  244............  Forbidden......  15 kg..........  E..............  13, 52, 148
                                                                                N45.

                                                                                * * * * * * *
D G..........  Other regulated              9  NA3077...........  III........  9..............  384, B54, IB8,      155............  213............  240............  No limit.......  No limit.......  A..............
                substances,                                                                      IP2, T1, TP33.
                solid, n.o.s.

                                                                                * * * * * * *
               Paint including              3  UN1263...........  I..........  3..............  367, T11, TP1,      150............  201............  243............  1 L............  30 L...........  E..............
                paint, lacquer,                                                                  TP8, TP27.
                enamel, stain,
                shellac
                solutions,
                varnish, polish,
                liquid filler and
                liquid lacquer
                base.
                                                                  II.........  3..............  149, 367, 383,      150............  173............  242............  5 L............  60 L...........  B..............
                                                                                B52, B131, IB2,
                                                                                T4, TP1, TP8,
                                                                                TP28.
                                                                  III........  3..............  367, B1, B52,       150............  173............  242............  60 L...........  220 L..........  A..............
                                                                                B131, IB3, T2,
                                                                                TP1, TP29.

                                                                                * * * * * * *
               Paint related                3  UN1263...........  I..........  3..............  367, T11, TP1,      150............  201............  243............  1 L............  30 L...........  E..............
                material                                                                         TP8, TP27.
                including paint
                thinning, drying,
                removing, or
                reducing compound.
                                            3  UN1263...........  II.........  3..............  149, 367, 383,      150............  173............  242............  5 L............  60 L...........  B..............
                                                                                B52, B131, IB2,
                                                                                T4, TP1, TP8,
                                                                                TP28.
                                                                  III........  3..............  367, B1, B52,       150............  173............  242............  60 L...........  220 L..........  A..............
                                                                                B131, IB3, T2,
                                                                                TP1, TP29.

                                                                                * * * * * * *
               Petroleum gases,           2.1  UN1075...........  ...........  2.1............  T50, N95..........  306............  304............  314, 315.......  Forbidden......  150 kg.........  E..............  40
                liquefied or
                Liquefied
                petroleum gas.

                                                                                * * * * * * *
               Potassium.........         4.3  UN2257...........  I..........  4.3............  A7, A19, A20, B27,  151............  211............  244............  Forbidden......  15 kg..........  D..............  52
                                                                                IB4, IP1, N6,
                                                                                N34, T9, TP7,
                                                                                TP33.

                                                                                * * * * * * *
               Printing ink,                3  UN1210...........  I..........  3..............  367, T11, TP1, TP8  150............  201............  243............  1 L............  30 L...........  E..............
                flammable or
                Printing ink
                related material
                (including
                printing ink
                thinning or
                reducing
                compound),
                flammable.
                                                                  II.........  3..............  149, 367, 383,      150............  173............  242............  5 L............  60 L...........  B..............
                                                                                IB2, T4, TP1, TP8.
                                                                  III........  3..............  367, B1, IB3, T2,   150............  173............  242............  60 L...........  220 L..........  A..............
                                                                                TP1.

                                                                                * * * * * * *
               Propane, see also          2.1  UN1978...........  ...........  2.1............  19, T50, N95......  306............  304............  314, 315.......  Forbidden......  150 kg.........  E..............  40
                Petroleum gases,
                liquefied.

                                                                                * * * * * * *
               Resin Solution,              3  UN1866...........  I..........  3..............  B52, T11, TP1,      150............  201............  243............  1 L............  30 L...........  E..............
                flammable.                                                                       TP8, TP28.
                                                                  II.........  3..............  149, 383, B52,      150............  173............  242............  5 L............  60 L...........  B..............  ..............
                                                                                IB2, T4, TP1, TP8.
                                                                  III........  3..............  B1, B52, IB3, T2,   150............  173............  242............  60 L...........  220 L..........  A..............  ..............
                                                                                TP1.

                                                                                * * * * * * *
G............  Self-heating               4.2  UN3088...........  II.........  4.2............  IB6, IP2, T3, TP33  None...........  212............  241............  15 kg..........  50 kg..........  C..............
                solid, organic,
                n.o.s.
                                                                  III........  4.2............  B116, B130, IB8,    None...........  213............  241............  25 kg..........  100 kg.........  C..............
                                                                                IP3, TP33.

                                                                                * * * * * * *
               Signal devices,           1.4G  UN0191...........  II.........  1.4G...........  381...............  None...........  62.............  None...........  Forbidden......  75 kg..........  02.............  25
                hand.
               Signal devices,           1.4S  UN0373...........  II.........  1.4S...........  381...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............  25
                hand.

                                                                                * * * * * * *
               Signals, railway          1.4S  UN0193...........  II.........  1.4S...........  381...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............  25
                track, explosive.

                                                                                * * * * * * *
               Sodium............         4.3  UN1428...........  I..........  4.3............  A7, A8, A19, A20,   151............  211............  244............  Forbidden......  15 kg..........  D..............  52
                                                                                B9, B48, B68,
                                                                                IB4, IP1, N34,
                                                                                T9, TP7, TP33,
                                                                                TP46.

                                                                                * * * * * * *
               Sulfuric acid with           8  UN2796...........  II.........  8..............  386, A3, A7, B2,    154............  202............  242............  1 L............  30 L...........  B..............
                not more than 51%                                                                B15, IB2, N6,
                acid.                                                                            N34, T8, TP2.

                                                                                * * * * * * *
D............  Toy caps..........        1.4S  NA0337...........  II.........  1.4S...........  382...............  None...........  62.............  None...........  25 kg..........  100 kg.........  01.............  25

                                                                                * * * * * * *
               Trinitroresorcinol        1.1D  UN0394...........  II.........  1.1D...........  385...............  None...........  62.............  None...........  Forbidden......  Forbidden......  04.............  25, 5E
                , wetted or
                Styphnic acid,
                wetted with not
                less than 20
                percent water, or
                mixture of
                alcohol and water
                by mass.

                                                                                * * * * * * *
G............  Water-reactive             4.3  UN2813...........  I..........  4.3............  IB4, N40, T9, TP7,  None...........  211............  242............  Forbidden......  15 kg..........  E..............  40
                solid, n.o.s.                                                                    TP33.
                                                                  II.........  4.3............  B132, IB7, IP2,     151............  212............  242............  15 kg..........  50 kg..........  E..............  40
                                                                                T3, TP33.
                                                                  III........  4.3............  B132, IB8, IP4,     151............  213............  241............  25 kg..........  100 kg.........  E..............  40
                                                                                T1, TP33.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
7. In Sec.  172.102:
0
a. In paragraph (c)(1), special provisions 380, 381, 382, 383, 384,
385, and 386 are added in numerical sequence.
0
b. In paragraph (c)(3), special provisions B130, B131, B132, and B133
are added in numerical sequence.
0
c. In paragraph (c)(5), special provision N95 is added in numerical
sequence.
    The additions are to read as follows:

Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
    380 For transportation by private carrier in a motor carrier only,
this material is not subject to the segregation requirements of Sec.
177.848(d) of this subchapter under the following conditions:
    a. The material is packaged in a DOT Specification 4BW240 cylinder,
or in a DOT-51 portable tank.
    b. The material may only be loaded with Class 3, Class 8, and
Division 4.1 materials in Packing Group II or III.
    c. The motor carrier must maintain a satisfactory safety rating as
prescribed in 49 CFR part 385.
    381 For railroad flagging kits, see Sec.  173.184 (c) of this
subchapter.
    382 Packages containing toy plastic or paper caps for toy pistols
described as ``UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S''
or ``NA0337, Toy caps, 1.4S'' are not subject to the subpart E
(labeling) requirements of this part when offered for transportation by
motor vehicle, rail freight, cargo vessel, and cargo aircraft and,
notwithstanding the packing method assigned in Sec.  173.62 of this
subchapter, in conformance with the following conditions:
    a. The toy plastic or paper caps must be in the form of sheets,
strips, rolls, or individual caps;
    b. The caps must not contain more than an average of twenty-five
hundredths of a grain of explosive composition per cap;
    c. The caps must be packed inside packagings constructed of
cardboard not less than 0.013-inch in thickness, metal not less than
0.008-inch in thickness, non-combustible plastic not less than 0.015-
inch in thickness, or a composite blister package consisting of
cardboard not less than 0.013-inch in thickness and non-combustible
plastic not less than 0.005-inch in thickness that completely encloses
the caps;
    d. The minimum dimensions of each side and each end of the
cardboard packaging must be 1/8th inch in height or more;
    e. The number of caps inside each packaging must be limited so that
not more than 10 grains of explosives composition may be packed into
one cubic inch of space, and not more than 17.5 grains of the explosive
composition of toy caps may be packed in any inner packaging;
    f. Inner packagings must be packed in outer packagings meeting PG
II performance criteria;
    g. Toy caps may be packed with non-explosive or non-flammable
articles provided the outer packagings are marked as prescribed in this
paragraph;
    h. Toy paper caps of any kind must not be packed in the same
packaging with fireworks;
    i. The outside of each package must be plainly marked ``ARTICLES,
EXPLOSIVES, N.O.S. (TOY CAPS)--HANDLE CAREFULLY'' OR ``TOY CAPS--HANDLE
CAREFULLY''; and
    j. Explosives shipped in conformance with this paragraph must have
been examined in accordance with Sec.  173.56 of this subchapter and
approved by the Associate Administrator.
    383 For transportation by motor vehicle, substances meeting the
conditions for high viscosity flammable liquids as prescribed in Sec.
173.121(b)(1)(i), (b)(1)(ii), and (b)(1)(iv) of this subchapter, may be
reassigned to Packing Group III under the following conditions:
    a. Packaging must be UN standard metal drums attached with heavy
duty steel strapping to a pallet; and
    b. The capacity of each drum must not exceed 220 L (58 gallons).
    384 For green graphite electrodes and shapes that are large single
component solid objects not subject to shifting, transport in open rail
flat cars, open bed motor vehicles, and intermodal containers is also
authorized. The objects must be secured to the flat car, motor vehicle,
intermodal container, or unitized by steel banding to wooden runners or
pallets and the units secured to the flat car, motor vehicle, or
freight container to prevent shifting and movement, including relative
motion between the objects, under conditions normally incident to
transportation. Stacking is permitted two or more levels high to
achieve maximum allowable utilization of the designated vehicle, rail
car weight, or intermodal freight container weight or vessel hold
volume.
    385 Notwithstanding the provisions of Sec.  177.834(l) of this
subchapter, cargo heaters may be used when weather conditions are such
that the freezing of a wetted explosive material is likely. Shipments
must be made by private, leased or contract carrier vehicles under
exclusive use of the offeror. Cargo heaters must be reverse
refrigeration (heat pump) units. Shipments made in accordance with this
Special provision are excepted from the requirements of Sec.
173.60(b)(4) of this subchapter.
    386 When transported by private motor carrier only, the following
corrosive liquids may be packaged in polyethylene bottles with a
capacity no greater than 3.785L (one gallon), further packed inside an
open-top, heavy wall, high density polyethylene box (i.e., crate) in a
manner that the polyethylene bottles are not subjected to any
superimposed weight, and the boxes must be reasonably secured against
movement within the transport vehicle and loaded so as to minimize the
possibility of coming in contact with other lading:

Compounds, cleaning liquid, NA1760, PG II or III;
Corrosive liquid, acidic, inorganic, n.o.s., UN3264, PG II;
Corrosive liquid, acidic, organic, n.o.s., UN 3265, PG III;
Corrosive liquid, basic, inorganic, n.o.s., UN3266, PG II;
Hypochlorite solutions, UN1791, PG III;
Hydrochloric acid solution, UN 1789, PG II; and
Sulfuric acid, UN2796, PG II.

    a. No more than four bottles, securely closed with threaded caps,
may be packed in each box.
    b. Each empty bottle must have a minimum weight of not less than
140 grams and a minimum wall thickness of not less than 0.020 inch
(0.508 mm).
    c. The completed package must meet the Packing Group II performance
level, as applicable for combination packagings with a plastic box
outer packaging, in accordance with subpart M of part 178 of this
subchapter.
    (i) Tests must be performed on each type and size of bottle, for
each manufacturing location. Samples taken at random must withstand the
prescribed tests without breakage or leakage.
    (ii) One bottle for every two hours of production, or for every
2500 bottles produced, must be tested by dropping a bottle filled to
98% capacity with water from a height of 1.2 meters (3.9 feet) onto
solid concrete directly on the closure.
    (iii) A copy of the test results must be kept on file at each
facility where packagings are offered for transportation, and must be
made available to a representative of the Department upon request.
    (iv) The name or symbol of the bottle producer, and the month and
year of manufacture, must be marked by

embossing, ink-jet printing of permanent ink, or other permanent means
on the face or bottom of each bottle, in letters and numbers at least 6
mm (0.2 inch) high. Symbols, if used, must be registered with the
Associate Administrator.
    (v) The box must be constructed from high-density polyethylene in
the density range 0.950-0.962, and be capable of holding liquid when in
the upright position.
* * * * *
    (3) * * *
    B130 When transported by motor vehicle, used diatomaceous earth
filter material is not subject to any other requirements of this
subchapter except for the shipping paper requirements of subpart C of
part 172 of this subchapter; emergency response information as required
by Sec.  172.602(a)(2) through (a)(7) of this subchapter; and the
marking requirements of Sec.  172.302 of this subchapter, if the
following requirements are met:
    a. Packagings are non-DOT specification sift-proof motor vehicles
or sift-proof roll-on/roll-off bulk bins, which are covered by a
tarpaulin or other equivalent means.
    b. The temperature of the material at the time it is offered for
transport and during transportation may not exceed 55 [deg]C (130
[deg]F).
    c. The time between offering the material for transportation at the
point of origin, and unloading the material at the destination does not
exceed 48 hours.
    d. In addition to the training requirements prescribed in
Sec. Sec.  172.700 through 172.704, each driver must be trained
regarding the properties and hazards of diatomaceous earth filter
material, precautions to ensure safe transport of the material, and
actions to be taken in the event of an emergency during transportation,
or a substantial delay in transit.
    B131 When transported by highway, rail, or cargo vessel, waste
Paint and Paint related material (UN1263; PG II and PG III), when in
plastic or metal inner packagings of not more than 26.5 L (7 gallons),
are excepted from the marking requirements in Sec.  172.301(a) and (c)
and the labeling requirements in Sec.  172.400(a), when further packed
in the following specification and non-specification bulk outer
packagings and under the following conditions:
    a. Primary receptacles must conform to the general packaging
requirements of subpart B of part 173 of this subchapter and may not
leak. If they do leak, they must be overpacked in packagings conforming
to the specification requirements of part 178 of this subchapter or in
salvage packagings conforming to the requirements in Sec.  173.12 of
this subchapter.
    b. Primary receptacles must be further packed in non-specification
bulk outer packagings such as cubic yard boxes, plastic rigid-wall bulk
containers, dump trailers, and roll-off containers. Bulk outer
packagings must be liquid tight through design or by the use of lining
materials.
    c. Primary receptacles may also be further packed in specification
bulk outer packagings. Authorized specification bulk outer packagings
are UN11G fiberboard intermediate bulk containers (IBC) and UN13H4
woven plastic, coated and with liner flexible intermediate bulk
containers (FIBCs) meeting the Packing Group II performance level and
lined with a plastic liner of at least 6 mil thickness.
    d. All inner packagings placed inside bulk outer packagings must be
blocked and braced to prevent movement during transportation that could
cause the container to open or fall over. Specification IBCs and FIBCs
are to be secured to a pallet.
    B132 Except for transportation by aircraft, UN2813, Water reactive
solid, n.o.s. (contains magnesium, magnesium nitrides) in PG II or III
may be packaged in sift-proof bulk packagings that prevent liquid from
reaching the hazardous material with sufficient venting to preclude
dangerous accumulation of flammable, corrosive or toxic gaseous
emissions such as methane, hydrogen and ammonia.
    B133 Hydrochloric acid concentration not exceeding 38%, in Packing
Group II, is authorized to be packaged in UN31H1 or UN31HH1
intermediate bulk containers when loaded in accordance with the
requirements of Sec.  173.35(h) of this subchapter.
    (5) * * *
* * * * *
    N95 UN1075, Liquefied petroleum gas and UN1978, Propane authorized
for transport in DOT 4BA240 cylinders is not subject to the UN
identification number and proper shipping name marking or the label
requirements of this part subject to the following conditions:
    a. The cylinder must be transported in a closed motor vehicle
displaying FLAMMABLE GAS placards in accordance with subpart F of part
172 of this subchapter.
    b. Shipping papers at all times must reflect a correct current
accounting of all cylinders both full and expended.
    c. The cylinders are collected and transported by a private or a
contract carrier for reconditioning, reuse or disposal.
* * * * *

0
8. In 172.202, paragraph (c) is revised to read as follows:

Sec.  172.202  Description of hazardous material on shipping papers.

* * * * *
    (c)(1) The total quantity of the material covered by one
description must appear before or after, or both before and after, the
description required and authorized by this subpart. The type of
packaging and destination marks may be entered in any appropriate
manner before or after the basic description. Abbreviations may be used
to express units of measurement and types of packagings.
    (2) Hazardous materials and hazardous substances transported by
highway considered ``household wastes'' as defined in 40 CFR 261.4, and
not subject to the Environmental Protection Agency's hazardous waste
regulations in 40 CFR parts 262 and 263, are excepted from the
requirements of this paragraph.
* * * * *

0
9. In 172.315 paragraph (a)(3) is added to read as follows:

Sec.  172.315  Limited quantities.

    (a) * * *
    (3) Except for Class 1 and 7, and Division 6.1 and 6.2 materials,
for highway transportation by private motor carrier, the limited
quantity marking is not required to be displayed on a package
containing materials assigned to Packing Group II and III prepared in
accordance with the limited quantity requirements in subpart B of part
173 of this subchapter provided:
    (i) Inner packagings for liquid hazardous materials do not exceed
1.0 L (0.3 gallons) net capacity each;
    (ii) Inner packagings for solid hazardous materials do not exceed
1.0 kg (2.2 pounds) net capacity each;
    (iii) No more than 2 L (0.6 gallons) or 2 kg (4.4 pounds) aggregate
net quantity of any one hazardous material is transported per vehicle;
    (iv) The total gross weight of all the limited quantity packages
per vehicle does not exceed 60 kg (132 pounds); and
    (v) Each package is marked with the name and address of the
offeror, a 24-hour emergency response telephone number and the
statement ``Contains Chemicals'' in letters at least 25 mm (one-inch)
high on a contrasting background.
* * * * *

0
10. In Sec.  172.400a, paragraph (a)(1) is revised and paragraph (a)(8)
is added to read as follows:

Sec.  172.400a  Exceptions from labeling.

    (a) * * *
    (1) A Dewar flask meeting the requirements in Sec.  173.320 of this
subchapter or a cylinder containing a Division 2.1, 2.2, or 2.3
material that is durably and legibly marked in accordance with CGA C-7,
Appendix A (IBR; see Sec.  171.7 of this subchapter). Notwithstanding
this exception, overpacks must be labeled (see Sec.  173.25 of this
subchapter).
* * * * *
    (8) Packages containing toy plastic or paper caps for toy pistols
described as ``UN0349, Articles, explosive, n.o.s. (Toy caps), 1.4S''
or ``NA0337, Toy caps, 1.4S'' when offered in conformance with the
conditions of Sec.  172.102(c)(1), Special provision 382.
* * * * *

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

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

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

0
12. In Sec.  173.12, add paragraph (h) to read as follows:

Sec.  173.12  Exceptions for shipment of waste materials.

* * * * *
    (h) Shrink-wrapped or stretch-wrapped pallets of limited quantity
waste. Shrink-wrapped or stretch-wrapped pallets containing packages of
waste ORM-D or limited quantity materials may be transported by motor
vehicle and cargo vessel under the following conditions:
    (1) The waste materials must be in their original undamaged
packaging and marked with the ``Consumer Commodity ORM-D'' marking in
conformance with Sec.  172.316 or an authorized limited quantity
marking in conformance with Sec.  172.315 of this subchapter, as
appropriate. The word ``waste'' in association with the proper shipping
name is not required on individual packages;
    (2) Packages must be securely affixed to a pallet and shrink-
wrapped or stretch-wrapped;
    (3) The outside of the shrink-wrap or stretch-wrap must be marked
on opposite sides with either ``Waste, Consumer Commodity, ORM-D'' or
``Waste, Limited Quantity.''

0
13. In Sec.  173.29, paragraph (f) is added to read as follows:

Sec.  173.29  Empty packagings.

* * * * *
    (f) Smokeless powder residue when transported by motor vehicle or
container/trailer in container-on-flatcar (COFC) or trailer-on-flatcar
(TOFC) service is excepted from subpart C (shipping papers) and the
subpart F (placarding) requirements of part 172 of this subchapter when
transported in conformance with the following:
    (1) The outer packaging must be:
    (i) A UN specification 1G fiber drum or 1A2 steel drum; or
    (ii) A UN specification 4G fiberboard box or non-specification
fiberboard box containing plastic receptacle inner packagings with not
more than 2.5 grams of smokeless powders in each inner packaging;
    (2) The amount of smokeless powder per outer packaging does not
exceed 5 grams;
    (3) The smokeless powder is approved in accordance with Sec.
173.56 as a Class 1 explosive material;
    (4) The empty packages must be transported in a closed transport
vehicle;
    (5) The empty packages must be loaded by the shipper and unloaded
by the shipper or consignee; and
    (6) The hazardous materials description to be used for the material
is ``RESIDUE: Last Contained Powder, smokeless, Hazard Class N/A,
Identification Number N/A, Packing Group N/A''.
* * * * *

0
14. In Sec.  173.40, revise paragraph (d)(1)(ii) to read as follows:

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

* * * * *
    (d) * * *
    (1) * * *
    (ii) Each cylinder with a valve must be equipped with a protective
metal or plastic cap, other valve protection device, or an overpack
which is sufficient to protect the valve from breakage or leakage
resulting from a drop of 2.0 m (7 ft) onto a non-yielding surface, such
as concrete or steel. Impact must be at an orientation most likely to
cause damage.
* * * * *

0
15. In Sec.  173.62, Packing Instruction 139 in the paragraph (c)(5)
Table of Packing Methods is revised to read as follows:

Sec.  173.62  Specific packaging requirements for explosives.

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

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

                                                  * * * * * * *
139..................................  Bags...................  Not necessary..........  Boxes.
PARTICULAR PACKING REQUIREMENTS OR
 EXCEPTIONS:
    1. For UN0065, 0102, 0104, 0289
     and 0290, the ends of the
     detonating cord must be sealed,
     for example, by a plug firmly
     fixed so that the explosive
     cannot escape. The ends of CORD
     DETONATING flexible must be
     fastened securely.
    2. For UN0065, 0104, 0289, 0290
     the ends of the detonating cord
     are not required to be sealed
     provided the inner packaging
     containing the detonating cord
     consists of a static-resistant
     plastic bag of at least 3 mil
     thickness and the bag is
     securely closed.
    3. For UN0065 and UN0289, inner
     packagings are not required when
     they are fastened securely in
     coils.

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

* * * * *

0
16. In Sec.  173.150, add paragraph (h) to read as follows:

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

* * * * *
    (h) Diesel fuel (NA1993) and Gasoline (UN1203) may be transported
one way, by motor vehicle, directly from the loading location to an
equipment repair facility, in a non-DOT specification, non-bulk
packaging, known as a gasoline dispenser, that has been removed from
service at a fueling station under the following conditions:
    (1) Prior to loading, each dispenser must be prepared for
transportation by capping or plugging all product inlet and outlet
piping, so that no fluid may be released during transportation;
    (2) No dispenser may contain more than 2 gallons of gasoline; and
    (3) Each dispenser must be blocked, braced or strapped to the motor
vehicle in accordance with the requirements of this subchapter to
prevent shifting during transportation.

0
17. In Sec.  173.151, paragraph (e) is added to read as follows:

Sec.  173.151  Exceptions for Class 4.

* * * * *
    (e) For transportation by motor vehicle only, Lithium (UN1415),
Potassium (UN2257), and Sodium (UN1428) with a net quantity of material
per inner packaging not exceeding 25 grams, are excepted from the
labeling requirements of part 172, subpart E and the placarding
requirements of part 172, subpart F of this subchapter, when offered
for transportation in the following packagings under the following
conditions:
    (1) Packaging. (i) The hazardous material is placed in a tightly
closed plastic bottle after being submerged in mineral oil;
    (ii) The plastic bottle is placed inside a plastic bag that is
securely closed to prevent leaks or punctures;
    (iii) The bagged bottle is then be placed inside a metal can with
all void spaces filled with an oil-absorbing material and sealed tight;
and
    (iv) The can is then placed into a heat sealed barrier bag.
    (2) Marking. Each inner plastic bottle, outer metal can, and
barrier bag must be marked with: Chemical name; quantity; and the name
and address of the offeror. Each outer packaging must be marked with
the proper shipping name and identification number in conformance with
Sec.  172.301. Additionally, each outer packaging must be marked, ``FOR
TRANSPORT BY MOTOR VEHICLE ONLY.''
    (3) Recordkeeping. (i) Records of the preparation, packaging, and
marking of each chemical must be documented and all components in each
package must be noted; and
    (ii) Records must be retained for a minimum of 5 years and be
accessible at or through the shipper's principal place of business and
be made available, upon request, to the Associate Administrator or
designated official.

0
18. In Sec.  173.156, paragraphs (c) and (d) are added to read as
follows:

Sec.  173.156  Exceptions for limited quantity and ORM.

* * * * *
    (c) Display packs. Display packs, as defined in Sec.  171.8 of this
subchapter, of consumer commodity or limited quantity packages that
exceed 30 kg gross weight limitation may be transported by container/
trailer in trailer-on-flatcar (TOFC) or container-on-flat-car (COFC)
service, roadrailer and/or railrunner trailers, motor vehicle, or cargo
vessel under the following conditions:
    (1) Packaging. Combination packages must conform to the
requirements of Subpart B of this part and meet the following, as
appropriate:
    (i) Primary containers must conform to the quantity limits for
inner packagings prescribed in Sec. Sec.  173.150(b), 173.152(b),
173.154(b), 173.155(b) and 173.306(a) and (b), as appropriate;
    (ii) Primary containers must be packed into trays that secure
individual containers from shifting inside the completed combination
package during transportation;
    (iii) Tray(s) must be placed into a fiberboard box, and the
fiberboard box must be banded and secured to a pallet by metal, fabric,
or plastic straps to form a single palletized unit; and
    (iv) The maximum net quantity of hazardous material permitted in
one palletized unit is 550 kg (1,210 lbs.).
    (2) Marking. The outside of each package must be plainly and
durably marked in accordance with one of the following, as appropriate:
    (i) As a consumer commodity as prescribed in Sec.  172.316 of this
subchapter; or
    (ii) As a limited quantity as prescribed in Sec.  172.315 of this
subchapter.
    (d) Exceptions for waste limited quantities and ORM-D materials.
Exceptions for certain waste limited quantity and ORM-D materials are
prescribed in Sec.  173.12(h).

0
19. In Sec.  173.158, paragraphs (i) and (j) are added to read as
follows:

Sec.  173.158  Nitric acid.

* * * * *
    (i) Nitric acid solutions of concentrations up to 40%, nitric acid
by weight when offered for transportation or transported by rail,
highway, or cargo vessel, may be packaged in a UN1H1 non-removable head
plastic drum, tested and marked at the PG II performance level for
liquids with a specific gravity of at least 1.8, and a hydrostatic test
pressure appropriate for the hazardous material.
    (1) Each drum may only be used one time and must be destroyed after
emptying.
    (2) Each drum must be permanently and legibly marked ``Single Trip
Only'' and ``Must be Destroyed When Empty.''
    (j) Nitric acid solutions, other than red fuming, with more than
70% nitric acid and Nitric acid solutions, other than red fuming, with
not more than 70% nitric acid, when offered for transportation or
transported by rail, highway, cargo vessel, or cargo-only aircraft may
be packaged in a UN 4G outer fiberboard box meeting the Packing Group I
or II performance level, as appropriate, subject to the following
conditions:
    (1) Inner packaging: A plastic (``fluorinated ethylene-propylene''
[FEP] polymers, ``perfluoroalkoxy'' [PFA] polymers or similar
materials) bottle with lined screw closure meeting the compatibility
requirements of Sec.  173.24(e) of this section and having a net
capacity not greater than 2.5 liters (0.66 gallon) each. For cargo-only
aircraft, the inner packaging for PG I material may not exceed 1 L (0.3
gal) capacity. The wall thickness of the bottle must not be less than
0.020''.
    (2) Intermediate packaging: (i) A tightly closed rigid-foam plastic
receptacle each containing one inner packaging; or
    (ii) A plastic bag containing one inner packaging and placed inside
a heavy-wall polypropylene bag lined with polypropylene absorbent
material of sufficient capacity to completely absorb the liquid
contents of each inner package. Both bags must be tightly sealed with
either plastic tape, a wire tie or a cable tie.

0
20. In Sec.  173.159:
0
a. The paragraph (e) introductory text is revised.
0
b. Paragraph (h) is revised.
0
c. Paragraph (j) is added.
    The revisions and additions read as follows:

Sec.  173.159  Batteries, wet.

* * * * *
    (e) When transported by highway or rail, electric storage batteries
containing electrolyte, acid, or alkaline corrosive battery fluid and
electric storage batteries packed with electrolyte, acid,

or alkaline corrosive battery fluid, are not subject to any other
requirements of this subchapter, if all of the following are met:
* * * * *
    (h)(1) Dry batteries or battery charger devices may be packaged in
4G fiberboard boxes with inner receptacles containing battery fluid.
Completed packages must conform to the Packing Group III performance
level. Not more than 12 inner receptacles may be packed in one outer
box. The maximum authorized gross weight for the completed package is
34 kg (75 pounds).
    (2) Battery fluid, acid (UN2796) may be packaged in a UN6HG2
composite packaging further packed in a UN4G fiberboard box with a dry
storage battery. The UN6HG2 composite packaging may not exceed 8.0
liters in capacity. Completed packages must conform to the Packing
Group III performance level. The maximum authorized gross weight for
the completed package is 37.0 kg (82.0 lbs).
* * * * *
    (j) Nickel cadmium batteries containing liquid potassium hydroxide
solution. Nickel-cadmium batteries that contain no more than 10 ml of
liquid potassium hydroxide solution (UN1814) in each battery are not
subject to the requirements of this subchapter under the following
conditions:
    (1) Each battery must be sealed in a heat sealed bag, packaged to
prevent short circuits, and placed in the center of an outer packaging
surrounded with a foam-in-place packaging material;
    (2) The completed package must meet the Packing Group II
performance level;
    (3) The gross weight of the package may not exceed 15.2 kg (33.4
pounds); and
    (4) The cumulative amount of potassium hydroxide solution in all of
the batteries in each package may not exceed 4 ounces (0.11 kg).

0
21. In Sec.  173.168, add paragraph (g) to read as follows:

Sec.  173.168  Chemical oxygen generators.

* * * * *
    (g) Exceptions. An unapproved chemical oxygen generator with only
one positive means of preventing unintentional actuation of the
generator, and without the required approval number marked on the
outside of the package, may be transported by motor vehicle, railcar,
and cargo vessel only under the following conditions:
    (1) Packaging. (i) The one positive means of preventing
unintentional actuation of the generator shall be installed in such a
manner that the percussion primer is so completely protected from its
firing pin that it cannot be physically actuated or the electric firing
circuit is so completely isolated from the electric match that it
cannot be electrically actuated.
    (ii) Inner packaging. Except as provided in paragraph (g)(1)(iii)
of this section below, an unapproved chemical oxygen generator, or
unapproved chemical oxygen generator installed in smaller size
equipment such as a PBE shall be packaged in a combination packaging
consisting of a non-combustible inner packaging that fully encloses the
chemical oxygen generator or piece of equipment inside an outer
packaging which meets the requirements in paragraph (d)(1) of this
section.
    (iii) Impractical size packaging. If the piece of equipment in
which the unapproved chemical oxygen generator is installed is so large
(e.g., an aircraft seat) as to not be practically able to be fully
enclosed in the packaging prescribed in paragraph (g)(1)(ii) of this
section, then a visible and durable warning tag must be securely
attached to the piece of equipment stating ``THIS ITEM CONTAINS A
CHEMICAL OXYGEN GENERATOR.''
    (2) Testing. Each unapproved chemical oxygen generator, without its
packaging, must be capable of withstanding a 1.8 meter drop onto a
rigid, non-resilient, flat and horizontal surface, in the position most
likely to cause damage, with no actuation or loss of contents.
    (3) Marking. (i) If the unapproved chemical oxygen generator is
inside a piece of equipment which is sealed or difficult to determine
if an oxygen generator is present, for example--a closed sealed
passenger service unit, then a visible and durable warning sign must be
attached to the piece of equipment stating: ``THIS ITEM CONTAINS A
CHEMICAL OXYGEN GENERATOR''; and
    (ii) Each outer package, and overpack if used, must be visibly and
durably marked with the following statement: ``THIS PACKAGE IS NOT
AUTHORIZED FOR TRANSPORTATION ABOARD AIRCRAFT''.

0
22. In Sec.  173.181, revise paragraph (a) and add paragraph (d) to
read as follows:

Sec.  173.181  Pyrophoric materials (liquids).

* * * * *
    (a) Authorized cylinders. (1) A specification steel or nickel
cylinder prescribed for any compressed gas, except acetylene, having a
minimum design pressure of 1206 kPa (175 psig).
    (2) DOT 3AL cylinders constructed of aluminum alloy 6061-T6 with a
minimum marked service pressure of 1,800 psig and a maximum water
capacity of 49 liters (13 gal) may be used for the transportation of
inorganic pyrophoric liquids (UN3194). Any preheating or heating of the
DOT 3AL cylinder must be limited to a maximum temperature of 79.4
[deg]C (175[emsp14][deg]F).
    (3) Cylinders authorized under paragraphs (a)(1) and (a)(2) of this
section equipped with valves must be:
    (i) Equipped with steel valve protection caps or collars; or
    (ii) Overpacked in a wooden box (4C1, 4C2, 4D or 4F); fiberboard
box (4G), or plastic box (4H1 or 4H2). Cylinders must be secured to
prevent shifting in the box and, when offered for transportation or
transported, must be so loaded that pressure relief devices remain in
the vapor space of the cylinder. (See Sec.  177.838(h) of this
subchapter.)
* * * * *
    (d) Combination packagings consisting of the following:
    (1) Inner packaging. A 10 liter or 20 liter UN1A1 drum which has
been certified to PG I of subpart M of part 178 of this subchapter.
Each inner drum must--
    (i) Have minimum wall thickness of 1.9 mm;
    (ii) Have 4 NPT or VCR openings, each with a diameter of 6.3 mm;
    (iii) Be fabricated from stainless steel; and
    (iv) On the upper head, be fitted with a center opening with a
maximum diameter of 68.3 mm and the opening sealed with a threaded
closure fabricated from 316 stainless steel. No more than two (2) inner
drums may be placed inside the outer drum.
    (2) Outer packaging. A UN1A2 drum that has been certified to the PG
I performance level of subpart M of part 178 of this subchapter and a
capacity not to exceed 208 L (55 gal). The drum must have a minimum
wall thickness of 1.0 mm and the top head must be closed with a steel
closing ring with a minimum thickness of 2.4 mm. No more than two (2)
inner drums described in paragraph (d)(1) of this section may be placed
inside the outer drum.

0
23. In Sec.  173.184, add paragraph (c) to read as follows:

Sec.  173.184  Highway or rail fusees.

* * * * *
    (c) For transportation by highway, railroad flagging kits are not
subject any other requirements of this subchapter when all of the
following conditions are met:

    (1) The flagging kits may only contain fusees and railroad
torpedoes as follows:
    (i) Fusee (rail or highway) (NA1325, Division 4.1, PG II).
    (ii) Articles, pyrotechnic (UN0431, Division 1.4G, PG II).
    (iii) Signal devices, hand (UN0373, Division 1.4S, PG II).
    (iv) Signal devices, hand (UN0191, Division 1.4G, PG II).
    (v) Signals, railway track, explosive (UN0193, Division 1.4S, PG
II).
    (2) Fusees and railroad torpedoes must be transported in
compartmented metal containers. Each compartment must have a cover with
a latching device. Compartments for railroad torpedoes must be equipped
with a spring-loaded positive locking device. Each compartment may only
contain one type of device.
    (3) Each flagging kit may contain a maximum of 36 fusees and 36
railroad torpedoes. No more than six (6) flagging kits may be
transported at one time on any motor vehicle.
    (4) Flagging kits may only be transported on railroad motor
vehicles including privately owned motor vehicles under the direct
control of on-duty railroad employees.
    (5) The fusees and railroad torpedoes must be kept in the closed
flagging kits whenever they are not being used on the railroad right-
of-way, while the motor vehicle is being driven, or whenever the motor
vehicle is located on other than railroad property.
    (6) When left in unattended motor vehicles on non-railroad
property, a flagging kit must be locked inside the motor vehicle, or
stored in a locked compartment on the motor vehicle.

0
24. In Sec.  173.188, add paragraph (a)(3) to read as follows:

Sec.  173.188  White or yellow phosphorus.

* * * * *
    (a) * * *
    (3)(i) A 115 L (30 gallon) UN1A2 steel drum certified to the PG I
performance level for solids and the PG I or PG II performance level
for liquids and dual marked, at a minimum, as a UN1A2/X400/S (for
solid) and UN1A2 X(or Y)/1.4/150 (for liquids) subject to the following
conditions:
    (ii) Enough water must be present in each drum to ensure that the
phosphorous is covered by water at all times during transportation, in
any orientation of the drum;
    (iii) Drums must be held and observed for a minimum of 24-hours
before transportation. Any leaking or otherwise unsuitable drums must
be replaced prior to transportation;
    (iv) Packages must be destroyed and may not be reused;
    (v) The net mass of the material and water, in kilograms, must not
exceed the mass that would be permitted by calculating the volume of
the packaging in liters multiplied by the specific gravity indicated on
the package certification;
    (vi) Transportation is by private or contract motor carrier only;
and
    (vii) Transportation is authorized from the offeror's location to a
facility where it must be unloaded by the consignee.
* * * * *

0
25. In Sec.  173.193, revise paragraph (b) to read as follows:

Sec.  173.193  Bromoacetone, methyl bromide, chloropicrin and methyl
bromide or methyl chloride mixtures, etc.

* * * * *
    (b) Bromoacetone, methyl bromide, chloropicrin and methyl bromide
mixtures, chloropicrin and methyl chloride mixtures, and chloropicrin
mixtures charged with non-flammable, non-liquefied compressed gas must
be packed in Specification 3A, 3AA, 3B, 3C, 3E, 4A, 4B, 4BA, 4BW, or 4C
cylinders having not over 113 kg (250 pounds) water capacity (nominal)
except:
    (1) DOT Specification 4BW cylinders containing chloropicrin and
methyl bromide mixtures may not exceed 453 kg (1000 pounds); and
    (2) The capacity limit of this paragraph does not apply to
shipments of methyl bromide.
* * * * *

0
26. In Sec.  173.226, add paragraph (f) to read as follows:

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

* * * * *
    (f) Liquid hazardous materials in Division 6.1, PG I, Hazard Zone
A, are excepted from the segregation requirements of Sec. Sec.  174.81,
176.83, and 177.848(d) of this subchapter when packaged as follows:
    (1) Inner packaging system. The inner packaging system must consist
of three packagings:
    (i) A glass, plastic or metal receptacle, with a capacity of not
more than 1 liter (1 quart), securely cushioned with a non-reactive,
absorbent material. The receptacle must have a closure that is held in
place by any means capable of preventing back-off or loosening of the
closure by impact or vibration during transportation.
    (ii) The receptacle must be packed within a leak-tight packaging of
metal, with a capacity of not less than 4 liters (1 gallon); and
    (iii) The metal packaging must be securely cushioned with a
nonreactive absorbent material and packed in a leak-tight UN 1A2 steel
drum or UN 1H2 plastic drum, with a capacity of not less than 19 liters
(5 gallons).
    (2) Outer packaging. The inner packaging system must be placed in a
UN 1A2 steel drum or UN 1H2 plastic drum, with a capacity of not less
than 114 liters (30 gallons). The inner packaging system must be
securely cushioned with a non-reactive, absorbent material. The total
amount of liquid contained in the outer packaging may not exceed 1
liter (1 quart).
    (3) Both the inner packaging system and the outer packaging must
conform to the performance test requirements of subpart M of part 178
of this subchapter at the PG I performance level. The inner packaging
system must meet these tests without benefit of the outer packaging.

0
27. In Sec.  173.301, revise paragraphs (f)(1), (f)(2), and (h)(2)(i),
and add paragraph (f)(7) to read as follows:

Sec.  173.301  General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.

* * * * *
    (f) Pressure relief device systems. (1) Except as provided in
paragraphs (f)(5) through (f)(7) and (j) of this section, and Sec.
171.23(a) of this subchapter, a cylinder filled with a gas and offered
for transportation must be equipped with one or more pressure relief
devices sized and selected as to type, location, and quantity, and
tested in accordance with CGA S-1.1 (compliance with paragraph <IP_ADDRESS>
is not required) and CGA Pamphlet S-7 (IBR, see Sec.  171.7 of this
subchapter). The pressure relief device must be capable of preventing
rupture of the normally filled cylinder when subjected to a fire test
conducted in accordance with CGA C-14 (IBR, see Sec.  171.7 of this
subchapter), or, in the case of an acetylene cylinder, CGA C-12 (IBR,
see Sec.  171.7 of this subchapter).
    (2) A pressure relief device, when installed, must be in
communication with the vapor space of a cylinder containing a Division
2.1 (flammable gas) material. This requirement does not apply to DOT
Specification 39 cylinders of 1.2L (75 cubic inches) or less in volume
filled with a Liquefied petroleum gas, Methyl acetylene and Propadiene
mixtures, stabilized, Propylene, Propane or Butane.
* * * * *
    (7) A pressure relief device is not required on a DOT Specification
3E cylinder measuring up to 50mm (2 inches) in diameter by 305mm (12

inches) in length for the following specified gases and maximum weight
limits:
    (i) Carbon Dioxide 0.24L (8 oz.)
    (ii) Ethane 0.12L (4 oz.)
    (iii) Ethylene 0.12L (4 oz.)
    (iv) Hydrogen Chloride, anhydrous 0.24L (8 oz.)
    (v) Monochlorotrifluoromethane 0.35L (12 oz.)
    (vi) Nitrous oxide, 0.24L (8 oz.)
    (vii) Vinyl fluoride, stabilized 0.24L (8 oz.)
* * * * *
    (h) * * *
    (2) * * *
    (i) By equipping the cylinder with securely attached metal or
plastic caps of sufficient strength to protect valves from damage
during transportation;
* * * * *

0
28. In Sec.  173.302, revise paragraph (f)(1) to read as follows:

Sec.  173.302  Filling of cylinders with nonliquefied (permanent)
compressed gases or adsorbed gases.

* * * * *
    (f) * * *
    (1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, 39 cylinders, 4E
(filled to less than 200 psig at 21 [deg]C (70 [deg]F), and UN pressure
receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders
are authorized.
* * * * *

0
29. In Sec.  173.302a:
0
a. Revise paragraphs (a)(1) and (a)(5);
0
b. Add paragraph (a)(6);
0
c. Redesignate paragraphs (c), (d) and (e) as paragraphs (d), (e), and
(f); and
0
d. Add new paragraph (c).
    The revisions and additions are to read as follows:

Sec.  173.302a  Additional requirements for shipment of nonliquefied
(permanent) compressed gases in specification cylinders.

    (a) * * *
    (1) DOT 3, 3A, 3AA, 3AL, 3B, 3E, 4B, 4BA, 4BW, and 4E cylinders.
* * * * *
    (5) Aluminum cylinders manufactured in conformance with
specifications DOT 39, 3AL and 4E are authorized for oxygen only under
the conditions specified in Sec.  173.302(b).
    (6) DOT 4E cylinders- DOT 4E cylinders with a maximum capacity of
43L (11 gal) must have a minimum rating of 240 psig and be filled to no
more than 200 psig at 21 [deg]C (70 [deg]F).
* * * * *
    (c) Special filling limits for DOT 3A, 3AX, 3AA, and 3AAX cylinders
containing Division 2.1 gases. Except for transportation by aircraft, a
DOT specification 3A, 3AX, 3AA, and 3AAX cylinder may be filled with
hydrogen and mixtures of hydrogen with helium, argon or nitrogen, to a
pressure 10% in excess of its marked service pressure subject to the
following conditions:
    (1) The cylinder must conform to the requirements of paragraph
(b)(2) and (b)(3) of this section;
    (2) The cylinder was manufactured after December 31, 1945;
    (3) DOT specification 3A and 3AX cylinders are limited to those
having an intermediate manganese composition.
    (i) Cylinders manufactured with intermediate manganese steel must
have been normalized, not quench and tempered. Quench and temper
treatment of intermediate steel is not authorized.
    (ii) Cylinders manufactured with chrome moly steel must have been
quenched and tempered, not normalized. Use of normalized chrome moly
steel cylinders is not permitted.
    (4) Cylinders must be equipped with pressure relief devices as
follows:
    (i) Cylinders less than 1.7 m (65 inches) in length must be
equipped with fusible metal backed frangible disc devices;
    (ii) Cylinders 1.7 m (65 inches) or greater in length and 24.5 cm
(9.63 inches) in diameter or larger must be equipped with fusible metal
backed frangible disc devices or frangible disc devices. Cylinders with
a diameter of 0.56 m (22 inches) or larger must be equipped with
frangible disc devices.
* * * * *

0
30. In Sec.  173.304, revise paragraph (d) to read as follows:

Sec.  173.304  Filling of cylinders with liquefied compressed gases.

* * * * *
    (d) Refrigerant and dispersant gases. Nontoxic and nonflammable
refrigerant or dispersant gases must be offered for transportation in
cylinders prescribed in Sec.  173.304a of this subchapter, or in DOT
2P, 2Q, or 2Q1 containers (Sec. Sec.  178.33, 178.33a, and 178.33d-2 of
this subchapter). DOT 2P, 2Q, and 2Q1 containers must be packed in
strong outer packagings of such design that protect valves from damage
or accidental functioning under conditions incident to transportation.
For DOT 2P and 2Q containers, the pressure inside the containers may
not exceed 87 psia at 21.1[deg]C (70 [deg]F). For 2Q1 containers, the
pressure inside the container may not exceed 210 psig at 55 [deg]C (131
[deg]F). Each completed metal container filled for shipment must be
heated until its contents reach a minimum temperature of 55 [deg]C (131
[deg]F) without evidence of leakage, distortion, or other defect. Each
outer package must be plainly marked ``INSIDE CONTAINERS COMPLY WITH
PRESCRIBED SPECIFICATIONS''.
* * * * *

0
31. In Sec.  173.304a, in the paragraph (a)(2) table, add three new
entries each for Carbon dioxide and Nitrous oxide alphabetically and in
numerical order according to the maximum permitted filling density to
read as follows:

Sec.  173.304a  Additional requirements for shipment of liquefied
compressed gases in specification cylinders.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                            Packaging
                                                         marked as shown
                                                          in this column
                                                          or of the same
                                                            type with
                                                          higher service
                                                          pressure must
                                   Maximum permitted     be used, except
         Kind of gas           filling density (%) (see   as provided in
                                        Note 1)             Sec.  Sec.
                                                           173.301(l),
                                                           173.301a(e),
                                                          and 180.205(a)
                                                            (see notes
                                                            following
                                                              table)
------------------------------------------------------------------------

                              * * * * * * *
Carbon dioxide (see Notes 4,                      70.3   DOT-3A2000, DOT-
 7, and 8).                                               3AA2000, DOT-
                                                          3AX2000, DOT-
                                                          3AAX2000, DOT-
                                                          3T2000.
Carbon dioxide (see Notes 4,                      73.2   DOT-3A2265, DOT-
 7, and 8).                                               3AA2265, DOT-
                                                          3AX2265, DOT-
                                                          3AAX2265, DOT-
                                                          3T2265.
Carbon dioxide (see Notes 4,                      74.5   DOT-3A2400, DOT-
 7, and 8).                                               3AA2400, DOT-
                                                          3AX2400, DOT-
                                                          3AAX2400, DOT-
                                                          3T2400.

                              * * * * * * *
Nitrous oxide (see Notes 7,                       70.3   DOT-3A2000, DOT-
 8, and 11).                                              3AA2000, DOT-
                                                          3AX2000, DOT-
                                                          3AAX2000, DOT-
                                                          3T2000.

Nitrous oxide (see Notes 7,                       73.2   DOT-3A2265, DOT-
 8, and 11).                                              3AA2265, DOT-
                                                          3AX2265, DOT-
                                                          3AAX2265, DOT-
                                                          3T2265.
Nitrous oxide ( see Notes 7,                      74.5   DOT-3A2400, DOT-
 8, and 11).                                              3AA2400, DOT-
                                                          3AX2400, DOT-
                                                          3AAX2400, DOT-
                                                          3T2400.

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

* * * * *

0
32. In Sec.  173.306:
0
a. Revise paragraphs (a) and (b);
0
b. Add paragraph (e)(2); and
0
c. Revise paragraphs (f) and (k).
0
The revisions and additions read as follows:

Sec.  173.306  Limited quantities of compressed gases.

    (a) Limited quantities of compressed gases for which exceptions are
permitted as noted by reference to this section in Sec.  172.101 of
this subchapter are excepted from labeling, except when offered for
transportation or transported by air, and, unless required as a
condition of the exception, specification packaging requirements of
this subchapter when packaged in accordance with the following
paragraphs. For transportation by aircraft, the package must conform to
the applicable requirements of Sec.  173.27 and only packages of
hazardous materials authorized aboard passenger-carrying aircraft may
be transported as a limited quantity. In addition, shipments are not
subject to subpart F (Placarding) of part 172 of this subchapter, to
part 174 of this subchapter except Sec.  174.24, and to part 177 of
this subchapter except Sec.  177.817. Except as otherwise provided in
this section, each package may not exceed 30 kg (66 lbs.) gross weight.
    (1) When in containers of not more than 4 fluid ounces capacity
(7.22 cubic inches or less) except cigarette lighters. Additional
exceptions for certain compressed gases in limited quantities and the
ORM-D hazard class are provided in paragraph (i) of this section.
    (2) When in refillable metal containers filled with a material that
is not classed as a hazardous material to not more than 90% of capacity
at 21.1 [deg]C (70 [deg]F) and then charged with nonflammable,
nonliquefied gas. Each container must be tested to three times the
pressure at 21.1 [deg]C (70 [deg]F) and, when refilled, be retested to
three times the pressure of the gas at 21.1 [deg]C (70 [deg]F). Also,
one of the following conditions must be met:
    (i) The container is not over 0.95 L (1 quart) capacity and charged
to not more than 170 psig (1172.1 kPa) at 21.1 [deg]C (70 [deg]F), and
must be packed in a strong outer packaging; or
    (ii) The container is not over 114 L (30 gallons) capacity and
charged to not more than 75 psig (517.1 kPa) at 21.1 [deg]C (70
[deg]F).
    (3) When in a metal aerosol container (see Sec.  171.8 of this
subchapter for the definition of aerosol). Authorized containers
include non-specification, DOT 2P (Sec.  178.33 of this subchapter),
DOT 2Q (Sec.  178.33a of this subchapter), or DOT 2Q1 (Sec.  178.33(d)
of this subchapter) design, provided the following conditions are met.
Additional exceptions for aerosol containers conforming to this
paragraph (a)(3) are provided in paragraph (i) of this section.
    (i) Capacity. The capacity of the container must not exceed 1 L
(61.0 cubic inches).
    (ii) General pressure conditions. The authorized metal aerosol
containers and associated pressure limitations are provided in the
following table. Pressure inside the container may not exceed 180 psig
at 54.4 [deg]C (130 [deg]F) except as may be authorized by variations
of a DOT specification container type. In any event, the metal
container must be capable of withstanding without bursting a pressure
of at least one and one-half times the equilibrium pressure of the
contents at 54.4 [deg]C (130 [deg]F).

                                       Authorized Metal Aerosol Containers
----------------------------------------------------------------------------------------------------------------
If the gauge pressure (psig) at 54.4
    [deg]C (130 [deg]F) is . . .                                 Authorized container
----------------------------------------------------------------------------------------------------------------
140 or less.........................  Non-DOT specification, DOT 2P, DOT 2Q, DOT 2Q1.
Greater than 140 but not exceeding    DOT 2P, DOT 2Q, DOT 2Q1.
 160.
Greater than 160 but not exceeding    DOT 2Q, DOT 2Q1.
 180.
Not to exceed 210...................  DOT 2Q1 (Non-flammable only).
----------------------------------------------------------------------------------------------------------------

    (iii) Liquid fill. The liquid content of the material and gas must
not completely fill the container at 54.4 [deg]C (130 [deg]F).
    (iv) Outer packaging. The containers must be packed in strong outer
packagings.
    (v) Pressure testing. Except as otherwise provided in this
paragraph, each container, after it is filled, must be subjected to a
test performed in a hot water bath; the temperature of the bath and the
duration of the test must be such that the internal pressure reaches
that which would be reached at 55 [deg]C (131 [deg]F), or 50 [deg]C
(122 [deg]F) if the liquid phase does not exceed 95% of the capacity of
the container at 50 [deg]C (122 [deg]F)). If the contents are sensitive
to heat, the temperature of the bath must be set at between 20 [deg]C
(68 [deg]F) and 30 [deg]C (86 [deg]F) but, in addition, one container
in 2,000 must be tested at the higher temperature. No leakage or
permanent deformation of a container may occur. However, instead of
this standard water bath test, container(s) may be tested using one of
the following methods subject to certain conditions--
    (A) Alternative water bath test. (1) One filled container in a lot
of 2,000 must be subjected to a test performed in a hot water bath; the
temperature of the bath and the duration of the test must be such that
the internal pressure reaches that which would be reached at 55 [deg]C
(131 [deg]F). If the container shows evidence of leakage or permanent

deformation, the lot of 2,000 containers must be rejected;
    (2) A second filled container in the lot of 2,000 must be weighed
and compared to the weight specification for the containers as
documented in the operating procedures for the weight test. Failure of
the container to meet the weight specification is evidence of leakage
or overfilling and the lot of 2,000 must be rejected;
    (3) The remainder of the containers in the lot of 2,000 must be
visually inspected (e.g, examination of the seams). Containers showing
evidence of leakage or overfilling must not be transported; and
    (4) Each person employing this test must maintain a copy of the
operating procedures (or an electronic file thereof) that is accessible
at, or through, its principal place of business and must make the
procedures available upon request, at a reasonable time and location,
to an authorized official of the Department.
    (B) Automated pressure test. Each person employing an automated
process for pressure testing of filled containers must develop
procedures for implementation of the test. Each person must maintain a
copy of the procedures (or an electronic file thereof) that is
accessible at, or through, its principal place of business and must
make the procedures available upon request, at a reasonable time and
location, to an authorized official of the Department. The procedures
must, at a minimum, include instruction on the following:
    (1) Pressure specifications. Each person must specify pressure
standard(s) (e.g. a pressure limit or range) for a container respective
of the design and/or contents. Each container, after it is filled, must
be pressure checked and compared to the standards. For a pressure
limit, any container exceeding the pressure limit must be rejected. For
a pressure range, any container outside of the set range must be
rejected. The instruments used to determine the pressure must be
properly calibrated before a production run to an accuracy of +/- or
better; and
    (2) Periodic inspection. At designated intervals, a randomly
selected container must be inspected for proper closure and
verification of filling pressure. If a container shows signs of
improper closure or over-filling, five (5) additional randomly selected
containers must be inspected. If any of the additional containers show
signs of improper closure or over-filling, all containers produced
since the last inspection must be rejected.
    (C) Weight test. Each person employing a weight test of filled
containers must develop procedures for implementation of the test. Each
person must maintain a copy of the procedures (or an electronic file
thereof) that is accessible at, or through, its principal place of
business and must make the procedures available upon request, at a
reasonable time and location, to an authorized official of the
Department. The procedures must, at a minimum, include instruction on
the following:
    (1) Weight specifications. Each person must specify target weight
specifications for a particular container. Each container, after it is
filled, must be weighed and compared to the target weight specification
for the container. Any container outside the target weight
specification is an indication of leakage or overfilling and must be
rejected. The instruments used to determine the weight must be properly
calibrated before a testing run and be sufficiently sensitive to
measure within 0.10 g of the true weight of the container;
    (2) Heat testing and pressure limits. One container out of each lot
of successfully filled containers must be heat tested by raising the
internal pressure until it reaches that which would be reached at 55
[deg]C (131 [deg]F). The lot size should be no greater than 2,000. If
the pressure in the container exceeds the maximum pressure allowed for
the container type or if the container shows signs of leakage or
permanent deformation, the lot must be rejected. Alternatively, five
(5) additional randomly selected containers from the lot may be tested
to qualify the lot but if any of the five containers fail the test, the
entire lot must be rejected;
    (3) Periodic inspection. At intervals of not more than 10 minutes,
a randomly selected container must be inspected for proper closure and
verification of filling pressure. If a container shows signs of
improper closure or over-filling, five (5) additional randomly selected
containers must be inspected. If any of the additional containers show
signs of improper closure or over-filling, all containers produced
since the last inspection must be rejected; and
    (4) Visual inspection. Each container must be visually inspected
prior to being packed. Any container showing signs of leakage or
permanent deformation must be rejected.
    (D) Leakage test. (1) Pressure and leak testing before filling.
Each empty container must be subjected to a pressure equal to or in
excess of the maximum expected in the filled containers at 55 [deg]C
(131 [deg]F) or 50 [deg]C (122 [deg]F) if the liquid phase does not
exceed 95% of the capacity of the container at 50 [deg]C (122 [deg]F).
This must be at least two-thirds of the design pressure of the
container. If any container shows evidence of leakage at a rate equal
to or greater than 3.3 x 10-2 mbar L/s at the test pressure,
distortion or other defect, it must be rejected; and
    (2) Testing after filling. The person filling each container must
ensure that the crimping equipment is set appropriately and the
specified propellant is used before filling a container. Once filled,
each container must be weighed and leak tested. The leak detection
equipment must be sufficiently sensitive to detect at least a leak rate
of 2.0 x 10-3 mbar L/s at 20 [deg]C (68 [deg]F). Any filled
container which shows evidence of leakage, deformation, or overfilling
must be rejected.
    (vi) Each outer packaging must be marked ``INSIDE CONTAINERS COMPLY
WITH PRESCRIBED REGULATIONS.''
    (4) Gas samples must be transported under the following conditions:
    (i) A gas sample may only be transported as non-pressurized gas
when its pressure corresponding to ambient atmospheric pressure in the
container is not more than 105 kPa absolute (15.22 psia).
    (ii) Non-pressurized gases, toxic (or toxic and flammable) must be
packed in hermetically sealed glass or metal inner packagings of not
more than one L (0.3 gallons) overpacked in a strong outer packaging.
    (iii) Non-pressurized gases, flammable must be packed in
hermetically sealed glass or metal inner packagings of not more than 5
L (1.3 gallons) and overpacked in a strong outer packaging.
    (5) For limited quantities of Division 2.2 gases with no subsidiary
risk, when in a non-DOT specification or a specification DOT 2S (Sec.
178.33b of this subchapter) plastic aerosol container (see Sec.  171.8
of this subchapter for the definition of aerosol) provided all of the
following conditions are met. Additional exceptions for aerosols
conforming to this paragraph (a)(5) are provided in paragraph (i) of
this section.
    (i) Capacity. The capacity of the container must not exceed 1 L
(61.0 cubic inches).
    (ii) General pressure conditions. Authorized plastic aerosol
containers and associated pressure limitations are provided in the
following table. The pressure in the container must not exceed 160 psig
at 54.4 [deg]C (130 [deg]F). The container must be capable of
withstanding without bursting a pressure of at least one and one-half
times the equilibrium pressure of the contents at 54.4 [deg]C (130
[deg]F).

                                      Authorized Plastic Aerosol Containers
----------------------------------------------------------------------------------------------------------------
 If the gauge pressure (psig)
 at 55 [deg]C (131 [deg]F) is                             Authorized plastic container
            . . .
----------------------------------------------------------------------------------------------------------------
Less than 140................  Non-DOT specification, DOT 2S.
140 or greater but not         DOT 2S.
 exceeding 160.
----------------------------------------------------------------------------------------------------------------

    (iii) Liquid fill. Liquid content of the material and gas must not
completely fill the container at 54.4 [deg]C (130 [deg]F).
    (iv) Outer packaging. The containers must be packed in strong outer
packagings.
    (v) Pressure testing. Except as provided in paragraph (a)(5)(vi) of
this section, each container must be subjected to a test performed in a
hot water bath. The temperature of the bath and the duration of the
test must be such that the internal pressure reaches that which would
be reached at 55 [deg]C (131 [deg]F) or 50 [deg]C (122 [deg]F) if the
liquid phase does not exceed 95% of the capacity of the container at 50
[deg]C (122 [deg]F). If the contents are sensitive to heat, or if the
container is made of plastic material which softens at this test
temperature, the temperature of the bath must be set at between 20
[deg]C (68 [deg]F) and 30 [deg]C (86 [deg]F) but, in addition, one
container in 2,000 must be tested at the higher temperature. No leakage
or permanent deformation of a container is permitted except that a
plastic container may be deformed through softening provided that it
does not leak.
    (vi) Leakage test. As an alternative to the hot water bath test in
paragraph (a)(5)(v) of this section, testing may be performed as
follows:
    (A) Pressure and leak testing before filling. Each empty container
must be subjected to a pressure equal to or in excess of the maximum
expected in the filled containers at 55 [deg]C (131 [deg]F) or 50
[deg]C (122 [deg]F) if the liquid phase does not exceed 95% of the
capacity of the container at 50 [deg]C (122 [deg]F). This must be at
least two-thirds of the design pressure of the container. If any
container shows evidence of leakage at a rate equal to or greater than
3.3 x 10-2 mbar L/s at the test pressure, distortion or
other defect, it must be rejected; and
    (B) Testing after filling. Prior to filling, the filler must ensure
that the crimping equipment is set appropriately and the specified
propellant is used before filling the container. Once filled, each
container must be weighed and leak tested. The leak detection equipment
must be sufficiently sensitive to detect at least a leak rate of 2.0 x
10-3 mbar L/s at 20 [deg]C (68 [deg]F). Any filled container
that shows evidence of leakage, deformation, or excessive weight must
be rejected.
    (vii) Each outer packaging must be marked ``INSIDE CONTAINERS
COMPLY WITH PRESCRIBED REGULATIONS.''
    (b) Exceptions for foodstuffs, soap, biologicals, electronic tubes,
and audible fire alarm systems. Limited quantities of compressed gases
(except Division 2.3 gases) for which exceptions are provided as
indicated by reference to this section in Sec.  172.101 of this
subchapter, when in conformance with one of the following paragraphs,
are excepted from labeling, except when offered for transportation or
transported by aircraft, and the specification packaging requirements
of this subchapter. For transportation by aircraft, the package must
conform to the applicable requirements of Sec.  173.27 and only
packages of hazardous materials authorized aboard passenger-carrying
aircraft may be transported as a limited quantity. In addition,
shipments are not subject to subpart F (Placarding) of part 172 of this
subchapter, to part 174 of this subchapter, except Sec.  174.24, and to
part 177 of this subchapter, except Sec.  177.817. Additional
exceptions for certain compressed gases in limited quantities and the
ORM-D hazard class are provided in paragraph (i) of this section.
    (1) Foodstuffs or soaps with soluble or emulsified compressed gas
are authorized in non-refillable metal or plastic containers not to
exceed 1 L (61.0 cubic inches) capacity provided the pressure in each
container does not exceed 140 psig at 54.4 [deg]C (130 [deg]F) unless
authorized by variation of a container type. For pressures ranging from
greater than 140 psig to 160 psig, a variation DOT 2P1 or DOT 2Q2
(Sec. Sec.  178.33(c) and (d) of this subchapter, respectively)
container must be used. However, the pressure of the contents in the
container may not be greater than 150 psig at 23.9 [deg]C (75 [deg]F).
Plastic containers may only contain Division 2.2 non-flammable soluble
or emulsified compressed gas. Metal or plastic containers must be
capable of withstanding, without bursting, a pressure of at least one
and one-half times the equilibrium pressure of the contents at 54.4
[deg]C (130 [deg]F).

                             Authorized Aerosol Containers for Foodstuffs and Soaps
----------------------------------------------------------------------------------------------------------------
 If the gauge pressure (psig)
 at 54.4 [deg]C (130 [deg]F)                                  Authorized container
           is . . .
----------------------------------------------------------------------------------------------------------------
Not exceeding 140............  Non-DOT specification, DOT 2P, DOT 2P1, DOT 2Q, DOT 2Q2.
Greater than 140 but not       DOT 2P, DOT 2P1, DOT 2Q, DOT 2Q2.
 exceeding 160.
Greater than 160 but not       DOT 2Q, DOT 2Q2.
 exceeding 180.
----------------------------------------------------------------------------------------------------------------

    (i) Containers must be packed in strong outer packagings.
    (ii) Liquid content of the material and the gas must not completely
fill the container at 55 [deg]C (131 [deg]F).
    (iii) Each outer packaging must be marked ``INSIDE CONTAINERS
COMPLY WITH PRESCRIBED REGULATIONS.''
    (2) Cream in refillable metal or plastic containers with soluble or
emulsified compressed gas. Plastic containers must only contain
Division 2.2 non-flammable soluble or emulsified compressed gas.
Containers must be of such design that they will hold pressure without
permanent deformation up to 375 psig and must be equipped with a device
designed so as to release pressure without bursting of the container or
dangerous projection of its parts at higher pressures. This exception
applies to shipments offered for transportation by refrigerated motor
vehicles only.
    (3) Nonrefillable metal or plastic containers charged with a
Division 6.1 PG III or nonflammable solution containing biological
products or a medical preparation that could be deteriorated by heat,
and compressed gas or gases. Plastic containers may only contain 2.2
non-flammable soluble or emulsified compressed gas. The

capacity of each container may not exceed 35 cubic inches (19.3 fluid
ounces). The pressure in the container may not exceed 140 psig at 54.4
[deg]C (130 [deg]F), and the liquid content of the product and gas must
not completely fill the containers at 54.4 [deg]C (130 [deg]F). One
completed container out of each lot of 500 or less, filled for
shipment, must be heated, until the pressure in the container is
equivalent to equilibrium pressure of the contents at 54.4 [deg]C (130
[deg]F). There must be no evidence of leakage, distortion, or other
defect. The container must be packed in strong outer packagings.
    (4) Electronic tubes, each having a volume of not more than 30
cubic inches and charged with gas to a pressure of not more than 35
psig and packed in strong outer packagings are authorized.
    (5) Audible fire alarm systems powered by a compressed gas
contained in an inside metal container when shipped are authorized
under the following conditions:
    (i) Each inside container must have contents that are not
flammable, poisonous, or corrosive as defined under this part,
    (ii) Each inside container may not have a capacity exceeding 35
cubic inches (19.3 fluid ounces),
    (iii) Each inside container may not have a pressure exceeding 70
psig at 21.1 [deg]C (70 [deg]F) and the liquid portion of the gas may
not completely fill the inside container at 54.4 [deg]C (130 [deg]F),
and
    (iv) Each nonrefillable inside container must be designed and
fabricated with a burst pressure of not less than four times its
charged pressure at 54.4 [deg]C (130 [deg]F). Each refillable inside
container must be designed and fabricated with a burst pressure of not
less than five times its charged pressure at 54.4 [deg]C (130 [deg]F).
* * * * *
    (e) * * *
    (2) Used refrigerating machines. (i) Packaging. Reconditioned
(used) refrigerating machines (UN 2857, Div. 2.2) may be excepted from
the marking requirements of Sec.  172.302(c) of this subchapter and
transported by motor vehicle when they conform to the requirements
prescribed in Sec.  173.306(e)(1), are secured or permanently attached
to the motor vehicle, and are:
    (A) Permanently affixed to a steel base structure,
    (B) Permanently affixed to a trailer, or
    (C) Manufactured with a rigid internal structure designed for
transportation and stacking conditions such that they do not leak and
do not deteriorate, distort, or become damaged in a manner that could
adversely affect their safety or reduce their strength in
transportation, cause instability in stacks of refrigerating machines,
or cause damage to these machines in a way that is likely to reduce
safety in transportation.
    (ii) Testing. Used refrigerating machines returned from their
rental locations must be transported back to an authorized original
equipment manufacturer service facility and undergo maintenance, repair
and/or replacement that renders these machines operational at the same
level as that of new refrigerating machines, and must undergo a leak
test by a certified technician, prior to re-shipment.
    (f) Accumulators (Articles, pressurized pneumatic or hydraulic
containing non-flammable gas). The following applies to accumulators,
which are hydraulic accumulators containing nonliquefied, nonflammable
gas, and nonflammable liquids or pneumatic accumulators containing
nonliquefied, nonflammable gas, fabricated from materials which will
not fragment upon rupture.
    (1) Accumulators installed in motor vehicles, construction
equipment, and assembled machinery and designed and fabricated with a
burst pressure of not less than five times their charged pressure at 70
[deg]F, when shipped, are not subject to the requirements of this
subchapter.
    (2) Accumulators charged with limited quantities of compressed gas
to not more than 200 psig at 70 [deg]F are excepted from labeling
(except when offered for transportation by air) and the specification
packaging requirements of this subchapter when shipped under the
following conditions. In addition, shipments are not subject to subpart
F (placarding) of part 172 of this subchapter, to part 174 of this
subchapter except Sec.  174.24 and to part 177 of this subchapter
except Sec.  177.817.
    (i) Each accumulator must be shipped as an inside packaging;
    (ii) Each accumulator may not have a gas space exceeding 2,500
cubic inches under stored pressure; and
    (iii) Each accumulator must be tested, without evidence of failure
or damage, to at least three times its charged pressure of 70 [deg]F,
but not less than 120 psi before initial shipment and before each
refilling and reshipment.
    (3) Accumulators with a charging pressure exceeding 200 psig at 70
[deg]F and in compliance with the requirements stated in paragraph
(f)(2) of this section, as applicable, are excepted from labeling
(except when offered for transportation by air) and the specification
packaging requirements of this subchapter when shipped under the
following conditions:
    (i) Each accumulator must be designed and fabricated with a burst
pressure of not less than five (5) times its charged pressure at 70
[deg]F when shipped;
    (ii) For an accumulator with a gas space not to exceed 100 cubic
inches, it must be designed and fabricated with a burst pressure of not
less than five (5) times its charged pressure at 70 [deg]F. Out of each
lot not to exceed 1,000 successively produced accumulators per day of
the same type, accumulators must be tested, in lieu of the testing of
paragraph (f)(2)(iii) of this section, as follows:
    (A) One (1) accumulator must be tested to the minimum design burst
pressure;
    (B) Two (2) accumulators, one at the beginning of production and
one at the end must be tested to at least two and a half times the
charge pressure without evidence of leakage or distortion;
    (C) If accumulators fail either test, an additional four (4) sets
of accumulators from the lot may be tested. If any additional
accumulators fail, the lot must be rejected;
    (iii) For an accumulator with a gas space not to exceed 30 cubic
inches, it must be designed and fabricated with a burst pressure of not
less than four (4) times its charged pressure at 70 [deg]F. Out of each
lot not to exceed 1,000 successively produced accumulators per day of
the same type, accumulators must be tested, in lieu of the testing of
paragraph (f)(2)(iii) of this section, as follows:
    (A) One (1) accumulator must be tested to the minimum design burst
pressure;
    (B) Two (2) accumulators, one at the beginning of production and
one at the end must be tested to at least two and a half times the
charge pressure without evidence of leakage or distortion;
    (C) If accumulators fail either test, an additional four (4) sets
of accumulators from the lot may be tested. If any additional
accumulators fail, the lot must be rejected;
    (iv) Accumulators must be packaged in strong outer packaging.
    (4) Accumulators intended to function as shock absorbers, struts,
gas springs, pneumatic springs or other impact or energy-absorbing
devices are not subject to the requirements of this subchapter provided
each:
    (i) Has a gas space capacity not exceeding 1.6 L and a charge
pressure not exceeding 280 bar, where the product of the capacity
expressed in

liters and charge pressure expressed in bars does not exceed 80 (for
example, 0.5 L gas space and 160 bar charge pressure);
    (ii) Has a minimum burst pressure of 4 times the charge pressure at
20 [deg]C for products not exceeding 0.5 L gas space capacity and 5
times the charge pressure for products greater than 0.5 L gas space
capacity;
    (iii) Design type has been subjected to a fire test demonstrating
that the article relieves its pressure by means of a fire degradable
seal or other pressure relief device, such that the article will not
fragment and that the article does not rocket; and
    (iv) Accumulators must be manufactured under a written quality
assurance program which monitors parameters controlling burst strength,
burst mode and performance in a fire situation as specified in
paragraphs (f)(4)(i) through (f)(4)(iii) of this section. A copy of the
quality assurance program must be maintained at each facility at which
the accumulators are manufactured.
    (5) Accumulators not conforming to the provisions of paragraphs
(f)(1) through (f)(4) of this section may only be transported subject
to the approval of the Associate Administrator.
* * * * *
    (k) Aerosols for recycling or disposal. Aerosols (as defined in
Sec.  171.8 of this subchapter) intended for recycling or disposal may
be transported under the following conditions:
    (1) Aerosols conforming to paragraph (a)(3), (a)(5), (b)(1),
(b)(2), or (b)(3) of this section are not subject to the 30 kg (66
pounds) gross weight limitation when transported by motor vehicle for
purposes of recycling or disposal under the following conditions:
    (i) The aerosols must be packaged in a strong outer packaging. The
strong outer packaging and its contents must not exceed a gross weight
of 500 kg (1,100 pounds);
    (ii) Each aerosol must be secured with a cap to protect the valve
stem or the valve stem must be removed; and
    (iii) The packaging must be offered for transportation or
transported by--
    (A) Private or contract motor carrier; or
    (B) Common carrier in a motor vehicle under exclusive use for such
service.
    (2) Aerosols intended to conform to paragraphs (a)(3) or (a)(5) of
this section at the time of filling but are leaking, have been
improperly filled, or otherwise no longer conform to paragraphs (a)(3)
or (a)(5) of this section may be offered for transportation and
transported for disposal or recycling under the conditions provided in
this paragraph (k)(2). Such aerosols are not eligible for the
exceptions provided in paragraphs (a) and (i) of this section except
for subpart F (Placarding) of part 172 of this subchapter.
    (i) Packaging. (A) The aerosols must be packaged in a metal or
plastic removable head UN 1A2, 1B2, 1N2 or 1H2 drum tested and marked
to the PG II performance level or higher for liquids;
    (B) Each drum must be provided, when necessary, with sufficient
cushioning and absorption material to prevent excessive shifting of the
aerosols and to eliminate the presence of any free liquid at the time
the drum is closed. All cushioning and absorbent material used in the
drum must be compatible with the hazardous material; and
    (C) The pressure inside each completed drum, at any time during
transportation, may not exceed the design test pressure marked on the
drum.
    (ii) Hazard communication. (A) Notwithstanding the marking
requirements for non-bulk packages in Sec.  172.301 of this subchapter,
each drum must be marked ``AEROSOL SALVAGE'' or ``AEROSOL SALVAGE
DRUM'' in association with the required label(s); and
    (B) The overpack marking requirements of Sec.  173.25 of this
subchapter do not apply.
    (3) Modal restrictions. The completed drums must be offered for
transportation and transported by private or contract carrier by
highway or rail. Vessel and air transportation are not authorized.
* * * * *

0
33. In Sec.  173.315, paragraph (a)(2) table, the entry ``Division 2.2
materials not specifically provided for in this table'' is revised, and
a note 28 is added to the end of the table. The revision and addition
read as follows:

Sec.  173.315  Compressed gases in cargo tanks and portable tanks.

    (a) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                                     Maximum permitted filling density       Specification container required
                                 -------------------------------------------------------------------------------
           Kind of gas                                 Percent by volume
                                   Percent by weight   (see par. (f) of    Type (see Note 2)    Minimum design
                                     (see Note 1)        this section)                         pressure  (psig)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Division 2.2, materials not       See par. (c) of     See Note 7........  DOT-51, MC-330, MC- See Notes 19 and
 specifically provided for in      this section.                           331.                28.
 this table.

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

* * * * *
    Note 28: For UN1080, Sulfur hexafluoride, a non-specification cargo
tank that otherwise conforms to a DOT Specification MC 331 cargo tank
except for design pressure and capacity is authorized. Design pressure
may not exceed 600 psig. The water capacity range for each tank is 15
to 500 gallons.
* * * * *

0
34. In Sec.  173.319, revise paragraph (d)(2) table to read as follows:

Sec.  173.319  Cryogenic liquids in tank cars.

* * * * *
    (d) * * *
    (2) * * *

                             Pressure Control Valve Setting or Relief Valve Setting
----------------------------------------------------------------------------------------------------------------
                                              Maximum permitted filling density  (percent by weight)
   Maximum start-to-discharge    -------------------------------------------------------------------------------
        pressure  (psig)               Ethylene            Ethylene            Ethylene            Hydrogen
----------------------------------------------------------------------------------------------------------------
17..............................  ..................  ..................  ..................  6.60.
45..............................  52.8..............
75..............................  ..................  51.1..............  51.1..............
Maximum pressure when offered     10 psig...........  20 psig...........  20 psig...........
 for transportation.
Design service temperature......  Minus 260 [deg]F..  Minus 260 [deg]F..  Minus 155 [deg]F..  Minus 423 [deg]F.
Specification (see Sec.           113D60W, 113C60W..  113C120W..........  113D120W..........  113A175W, 113A60W.
 180.507(b)(3) of this
 subchapter).
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 174--CARRIAGE BY RAIL

0
35. The authority citation for part 174 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
36. In Sec.  174.67, revise paragraph (g) to read as follows:

Sec.  174.67  Tank car unloading.

* * * * *
    (g) The valve cap, or the reducer when a large outlet is to be
used, must be removed with a suitable wrench after the set screws are
loosened and a pail must be placed in position to catch any liquid that
may be in the outlet chamber. If the valve cap or reducer does not
unscrew easily, it may be tapped lightly with a mallet or wooden block
in an upward direction. If leakage shows upon starting the removal, the
cap or reducer may not be entirely unscrewed. Sufficient threads must
be left engaged and sufficient time allowed to permit the controlled
escape of any accumulation of liquid in the outlet chamber. If the
leakage stops or the rate of leakage diminishes materially, the cap or
reducer may be entirely removed. If the initial rate of leakage
continues, further efforts must be made to seat the outlet valve (see
paragraph (f) of this section). If this fails, the cap or reducer must
be screwed up tight and the tank must be unloaded through the dome. If
upon removal of the outlet cap the outlet chamber is found to be
blocked with frozen liquid or any other matter, the cap must be
replaced immediately and a careful examination must be made to
determine whether the outlet casting has been cracked. If the
obstruction is not frozen liquid, the car must be unloaded through the
dome. If the obstruction is frozen liquid and no crack has been found
in the outlet casting, the car may, if circumstances require it, be
unloaded from the bottom by removing the cap and attaching unloading
connections immediately. Before opening the valve inside the tank car
with a frozen liquid blockage:
    (1) Steam must be applied to the outside of the outlet casting or
the outlet casting must be wrapped with burlap or other rags and hot
water applied to the wrapped casting to melt the frozen liquid; or
    (2) For combustible liquid or Class 3 liquid petroleum distillate
fuels, the blockage may be cleared by attaching a fitting to the outlet
line and applying nitrogen at a pressure not to exceed 100 psig.
* * * * *

PART 176--CARRIAGE BY VESSEL

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
38. Revise Sec.  176.90 to read as follows:

Sec.  176.90  Private automobiles.

    (a) Class 1 (explosive) material. A private automobile which is
carrying any Class 1 (explosive) material (except permitted fireworks
or small arms ammunition) may not be transported on a passenger-
carrying ferry vessel unless the Class 1 (explosive) material conforms
to the packaging, labeling, marking, and certification requirements of
this subchapter. Permitted fireworks and small arms ammunition may be
carried without the required packaging, labeling, marking, or
certification if they are in tight containers.
    (b) Engines, gasoline, or liquefied petroleum gas. Engines,
internal combustion, flammable gas powered or flammable liquid powered,
including when fitted in machinery or vehicles (i.e. motor vehicles,
recreational vehicles, campers, trailers), vehicle flammable liquid or
flammable gas powered, gasoline, and petroleum gases, liquefied or
liquefied petroleum gas when included as part of a motor home,
recreational vehicle, camper, or trailer; are excepted from the
requirements of this subchapter if the following conditions are met:
    (1) Any container showing deterioration which might affect its
integrity must not be allowed on board the vessel. A visual inspection
by a responsible member of the crew must be made of each cylinder of
liquefied petroleum gas before it may be allowed aboard the vessel. A
cylinder that has a crack or leak, is bulged, has a defective valve or
a leaking or defective pressure relief device, or bears evidence of
physical abuse, fire or heat damage, or detrimental rusting or
corrosion, may not offered for transportation on board the vessel.
Leaking or damaged containers of gasoline may not be offered for
transportation on board the vessel.
    (2) Motor vehicles may be stowed in the same hold or compartment or
on the vehicle deck of passenger vessels with cylinders of liquefied
petroleum gas when the cylinders are securely attached to recreational
vehicles, such as campers or trailers.
    (3) Extra containers of gasoline (including camp stove or lantern
fuel) and portable cylinders of liquefied petroleum gas (including
cylinders for camping equipment) not securely attached to recreational
vehicles must be stowed in the vessel's paint locker. Containers must
be securely closed.
    (4) All liquefied petroleum gas cylinders must be secured by
closing the shut-off valves prior to the recreational vehicles being
loaded on the vessels. The owner or operator of each recreational
vehicle must be directed to close all operating valves within the
vehicles.
    (5) ``No smoking'' signs must be posted on the vehicle decks and,
if used for storage of hazardous materials; in close proximity to the
vessel's paint locker.
    (6) An hourly patrol of the vehicle decks must be made by a
crewmember. Any unusual or dangerous situation must be reported to the
vessel's master.

    (7) Passengers may be allowed on the vehicle decks during the
voyage and are subject to the control of the crew personnel conducting
the continuous vehicle deck patrol.
    (8) Each person responsible for performing a function authorized by
this section must be trained in accordance with subpart H of part 172
of this subchapter and on the requirements of this section.
    (9) Shipments made under this paragraph are subject to the Incident
Reporting requirements prescribed in Sec. Sec.  171.15 and 171.16 of
this subchapter.

0
39. In Sec.  176.800, revise paragraph (a) to read as follows:

Sec.  176.800  General stowage requirements.

    (a) Each package required to have a Class 8 (corrosive) label
thereon being transported on a vessel must be stowed clear of living
quarters, and away from foodstuffs and cargo of an organic nature. For
the purposes of this section, food ingredients intended for human
consumption (ingredients) that are Class 8 (corrosive) materials are
not considered to be incompatible with other food ingredients if the
intended use of those ingredients is for the manufacture of food, or
food ingredients containing those food ingredients (or like
ingredients), with or without other ingredients.
* * * * *

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
40. The authority citation for part 177 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 108
Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 Stat.
405, 805 (2012); 49 CFR 1.81 and 1.97.

0
41. In Sec.  177.834, revise paragraphs (i)(3), (i)(4), and (l)(2)(i),
and remove and reserve paragraph (l)(2)(ii) to read as follows:

Sec.  177.834  General requirements.

* * * * *
    (i) * * *
    (3) A qualified person ``attends'' the loading or unloading of a
cargo tank only if, throughout the process:
    (i) Except for unloading operations subject to Sec. Sec.
177.837(d), 177.840(p), and 177.840(q), the qualified person is within
7.62 m (25 feet) of the cargo tank. The qualified person attending the
unloading of a cargo tank must be alert and have an unobstructed view
of the cargo tank and delivery hose to the maximum extent practicable
during the unloading operation;
    (ii) The qualified person observes all loading or unloading
operations by means of video cameras and monitors or instrumentation
and signaling systems such as sensors, alarms, and electronic
surveillance equipment located at a remote control station, and the
loading or unloading system is equipped as follows:
    (A) For a video monitoring system used to meet the attendance
requirement, the camera must be mounted so as to provide an
unobstructed view of all equipment involved in the loading or unloading
operations, including all valves, hoses, domes, and pressure relief
devices.
    (B) For an instrumentation and signaling system used to meet the
attendance requirement, the system must provide a surveillance
capability at least equal to that of a human observer.
    (C) Upon loss of video monitoring capability or instrumentation and
signaling systems, loading or unloading operations must be immediately
terminated.
    (D) Shut-off valves operable from the remote control station must
be provided.
    (E) In the event of a remote system failure, a qualified person
must immediately resume attending the loading or unloading of the cargo
tank as provided in paragraph (i)(3)(i) of this section.
    (F) A containment area must be provided capable of holding the
contents of as many cargo tank motor vehicles as might be loaded at any
single time.
    (G) A qualified person must personally conduct a visual inspection
of each cargo tank motor vehicle after it is loaded, prior to
departure, for any damage that may have occurred during loading.
    (iii) Hoses used in the loading or unloading operations are
equipped with cable-connected wedges, plungers, or flapper valves
located at each end of the hose, able to stop the flow of product from
both the source and the receiving tank within one second without human
intervention in the event of a hose rupture, disconnection, or
separation.
    (A) Prior to each use, each hose must be inspected to ensure that
it is of sound quality, without defects detectable through visual
observation; and
    (B) The loading or unloading operations must be physically
inspected by a qualified person at least once every sixty (60) minutes.
    (4) A person is ``qualified'' if he has been made aware of the
nature of the hazardous material which is to be loaded or unloaded, has
been instructed on the procedures to be followed in emergencies, and
except for persons observing loading or unloading operations by means
of video cameras and monitors or instrumentation and signaling systems
such as sensors, alarms, and electronic surveillance equipment located
at a remote control station and persons inspecting hoses in accordance
with paragraph (i)(3)(iii) of this section, is authorized to move the
cargo tank, and has the means to do so.
* * * * *
    (l) * * *
    (2) * * *
    (i) Use of combustion cargo heaters. A motor vehicle equipped with
a combustion cargo heater may be used to transport Class 3 (flammable
liquid) or Division 2.1 (flammable gas) materials only subject to the
following conditions:
    (A) The combustion cargo heater is powered by diesel fuel or
propane and each of the following requirements are met:
    (1) Electrical apparatus in the cargo compartment is non-sparking
or explosion proof.
    (2) There is no combustion apparatus in the cargo compartment.
    (3) There is no connection for return of air from the cargo
compartment to the combustion apparatus.
    (4) The heating system will not heat any part of the cargo to more
than 54 [deg]C (130[emsp14][deg]F).
    (5) Heater requirements under Sec.  393.77 of this title are
complied with.
    (6) The heater unit and its fuel supply must be externally mounted
on the truck or trailer.
    (7) The heater unit must retain combustion in a sealed combustion
chamber.
    (8) The heater unit must utilize outside air for combustion (air
from the cargo space cannot be used for combustion).
    (9) Heater unit combustion gases must be exhausted to the outside
of the truck or trailer.
    (B) The combustion cargo heater is a catalytic heater and each of
the following requirements are met:
    (1) The heater's surface temperature cannot exceed 54 [deg]C
(130[emsp14][deg]F)--either on a thermostatically controlled heater or
on a heater without thermostatic control when the outside or ambient
temperature is 16 [deg]C (61[emsp14][deg]F) or less.
    (2) The heater is not ignited in a loaded vehicle.
    (3) There is no flame, either on the catalyst or anywhere in the
heater.
    (4) The manufacturer has certified that the heater meets the
requirements under paragraph (l)(2)(i)(B) of this section by
permanently marking the heater ``MEETS DOT REQUIREMENTS FOR CATALYTIC
HEATERS USED

WITH FLAMMABLE LIQUID AND GAS.''
    (5) The heater is also marked ``DO NOT LOAD INTO OR USE IN CARGO
COMPARTMENTS CONTAINING FLAMMABLE LIQUID OR GAS IF FLAME IS VISIBLE ON
CATALYST OR IN HEATER.''
    (6) Heater requirements under Sec.  393.77 of this title are
complied with.
    (ii) [Reserved]
* * * * *

0
42. In Sec.  177.838, the heading of the section is revised and
paragraph (i) is added to read as follows:

Sec.  177.838  Class 4 (flammable solid) materials, Class 5 (oxidizing)
materials, and Division 4.2 (self-heating and pyrophoric liquid)
materials.

* * * * *
    (i) Division 4.2 (self-heating liquid) material. Notwithstanding
the segregation requirements of Sec.  177.848(d), the following
Division 4.2 (self-heating) materials may be transported on the same
transport vehicle with Class 8 (corrosive) materials. The hazardous
materials must be palletized with a minimum height of 100 mm (4 inches)
off the floor of the vehicle, and the self-heating material must be
separated from the corrosive material by a minimum horizontal distance
of 1.2 m (4 feet).
    (1) Sodium hydrosulfite or sodium dithionite, UN1384, in PG II or
III packaged in UN 1A2 steel drums that meet the Packing Group II
performance requirements of subpart M of part 178 of this title.
    (2) Thiourea dioxide, UN3341, in PG II or III packaged in UN 1G
fiber drums meeting packing group II performance requirements of
subpart M of part 178 of this subchapter.
    (3) Self-heating, solid, organic, n.o.s., UN3088, in PG II or III
packaged in UN 1G fiber drums meeting the Packing Group II performance
level requirements of subpart M of part 178 of this subchapter.

0
43. In Sec.  177.840, add paragraph (a)(3) to read as follows:

Sec.  177.840  Class 2 (gases) materials.

    (a) * * *
    (3) Cylinders containing material classed as Division 2.3, Hazard
Zone A. (i) Notwithstanding the segregation requirements of Sec.
177.848(d), a cylinder containing a Division 2.3, Hazard Zone A
materials may be transported on the same transport vehicle with
materials classed as Division 2.1, Class 3, Class 4, Class 5, and Class
8 if all of the following requirements are met:
    (A) The Division 2.3, Hazard Zone A material must be packaged as
authorized by this subchapter. In addition, each package must be must
be placed in a plastic bag which is taped closed and then overpacked in
a UN 1A2 steel drum tested and marked for a PG II or higher performance
level with insulation material inside to protect the cylinders from
fire. The outside of the overpack must be marked with an indication
that the inner packagings conform to the prescribed specifications.
    (B) A Division 2.1 material requiring strong non-bulk outer
packagings in accordance with Sec.  173.301(a)(9) of this subchapter
must be overpacked in a UN 1A2 steel or 1H2 plastic drum tested and
marked for a PG II or higher performance level. The outside of the
overpack must be marked with an indication that the inner packagings
conform to the prescribed specifications.
    (C) Packages containing Division 2.3 Hazard Zone A material must be
separated within the transport vehicle from packages containing
Division 2.1, Class 3, Class 4, Class 5, and Class 8 materials by a
minimum horizontal distance of 1.2 m (4 feet). In addition, all steel
or plastic overpacks containing packages of Division 2.3, Hazard Zone A
or Division 2.1 material must be placed on pallets within the transport
vehicle.
    (ii) Notwithstanding the segregation requirements of Sec.
177.848(d), Division 2.3, Hazard Zone A material may be transported on
the same transport vehicle with non-bulk packagings and IBCs meeting a
UN performance standard containing only the residue of Division 2.1,
4.3, 5.1, and Class 3 and 8 materials if all of the following
requirements are met:
    (A) The materials are transported in enclosed trailers equipped
with inlet and outlet vent openings with a minimum total area of one
square foot per 1,000 cubic feet of trailer volume. Electrical systems
within the trailer's interior must be non-sparking or explosion proof.
    (B) Cylinders must be transported in an upright position and
securely restrained within the trailer, or loaded into racks, secured
to pallets, or packed in wooden or fiberboard boxes or crates to
prevent the cylinders from shifting or overturning within the motor
vehicle under normal transportation conditions. If cylinders are
secured to a pallet, the pallet must be designed to transport 1,590 kg
(3,500 lbs.) per pallet and the cylinders must be secured within the
pallet by a web strap rated at 4,545 kg (10,000 lbs.).
    (C) A cylinder containing Division 2.3 Hazard Zone A materials must
be separated from non-bulk packagings and IBCs meeting a UN performance
standard containing the residue of materials in Division 2.1, 4.3, or
5.1, or Class 3 or 8 by a minimum horizontal distance of 3 m (10 feet).
The maximum gross weight of Division 2.3 Hazard Zone A material carried
on one vehicle must not exceed 3,636 kg (8,000 lbs.).
    (D) Motor carriers must have a satisfactory safety rating as
prescribed in 49 CFR part 385.
* * * * *

0
44. In Sec.  177.841, add paragraph (f) to read as follows:

Sec.  177.841  Division 6.1 and Division 2.3 materials.

* * * * *
    (f) Notwithstanding the segregation requirements of Sec.
177.848(d), when transported by highway by private or contract motor
carrier, Division 6.1 PG I, Hazard Zone A toxic-by-inhalation (TIH)
materials meeting the definition of a hazardous waste as provided in
Sec.  171.8 of this subchapter, may be transported on the same
transport vehicle with materials classed as Class 3, Class 4, Class 5,
and Class 8. The Division 6.1 PG I, Hazard Zone A materials must be
loaded on pallets and separated from the Class 3, Class 4, Class 5, and
Class 8 materials by a minimum horizontal distance of 2.74 m (9 feet)
when in conformance with the following:
    (1) The TIH materials are packaged in combination packagings as
prescribed in Sec.  173.226(c) of this subchapter.
    (2) The combination packages containing TIH materials must be:
    (i) Filled and packed by the offeror's hazmat employees;
    (ii) Be placed on pallets, when in a transport vehicle; and
    (iii) Separated from hazardous materials classed as Class 3, Class
8 or Divisions 4.1, 4.2, 4.3, 5.1, or 5.2 by a nine-foot (minimum
distance) buffer zone, when in a transport vehicle. The buffer zone
maybe established by:
    (A) A load lock;
    (B) Empty drums;
    (C) Drums containing hazardous materials (e.g., Class 9) that are
compatible with materials in all other drums immediately around them;
or
    (D) Drums containing non-hazardous materials that are compatible
with materials in all other drums immediately around them.

PART 178--SPECIFICATIONS FOR PACKAGINGS

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
46. Sections 178.33c, 178.33c-1, and 178.33c-2 are added to subpart B
to read as follows:

Sec.  178.33c  Specification 2P; inner nonrefillable metal receptacle
variation.

Sec.  178.33c-1  Compliance.

    Required in all details.

Sec.  178.33c-2  Variation.

    Notwithstanding the variation provided in this section, each
container must otherwise conform to a DOT 2P container in accordance
with Sec.  178.33. The following conditions also apply under Variation
1--
    (a) Manufacture. Side seams: not permitted. Ends: The ends shall be
designed to withstand pressure and be equipped with a pressure relief
system (e.g., rim-venting release or a dome expansion device) designed
to function prior to bursting of the container.
    (b) Tests. (1) One out of each lot of 25,000 containers or less,
successively produced per day complete with ends assembled (and without
a pressure relief system assembled) shall be pressure tested to
destruction at gauge pressure and must not burst below 240 psig. For
containers with a pressure relief system as described in paragraph (a)
of this section and assembled, failure at a location other than the
pressure relief system will reject the lot. For containers with an end
expansion device, the lot must be rejected if the container bursts
prior to buckling of the device.
    (2) Each such 25,000 containers or less, successively produced per
day, shall constitute a lot and if the test container(s) shall fail,
the lot shall be rejected. Otherwise, ten (10) additional containers of
each container design produced may be selected at random and subjected