seas; and water entering into the cargo space upon a ship collision or
leak. If water has already entered the container, the packaging is the
only protection from the fire. In this final rule, PHMSA is
strengthening the ability of these packages transporting water-reactive
substances. This amendment will allow for a net increase in
environmental protection and safety by keeping reactive substances in
their packages, thus preventing release and damage to human health and
the natural environment.
     Hazard Communication Requirements for Lithium Batteries:
PHMSA is revising hazard communication requirements for shipments of
lithium batteries. Specifically, PHMSA is: Adopting a new lithium
battery label in place of the existing Class 9 label; amending the
existing marking requirements for small lithium battery shipments in
Sec.  173.185(c) to incorporate a new standard lithium battery mark for
use across all modes; deleting the documentation requirement in Sec.
173.185(c) for shipments of small lithium cells and batteries; and
amending the exception for small lithium cells and batteries requiring
the lithium battery mark from the current applicability of ``no more
than four lithium cells or two lithium batteries installed in the
equipment'' to ``no more than four lithium cells or two lithium
batteries installed in equipment, where there are not more than two
packages in the consignment.''
    Greenhouse gas emissions would remain the same under this
amendment.
     U.S.-Canada Regulatory Cooperation Council (RCC)
Amendments: PHMSA is making amendments to the HMR resulting from
coordination with Canada under the U.S.-Canada RCC. We are adopting
provisions for recognition of TC cylinders, equivalency certificates,
and inspection and repair of cargo tanks. The additions intend to
provide reciprocal treatment of DOT Special Permits and TC equivalency
certificates, DOT cylinders and TC cylinders, and cargo tank repair
capabilities in both countries. Amending the HMR facilitates consistent
communication for substances transported by cylinders and cargo tanks,
thus decreasing not only incident response time, but the number and
severity of environmental and safety incidents. The action is
consistent with concurrent actions by Transport Canada to amend the TDG
Regulations.
4. Agencies Consulted
    PHMSA has coordinated with the U.S. Federal Aviation
Administration, the Federal Motor Carrier Safety Administration, the
Federal Railroad Administration, and the U.S. Coast Guard, in the
development of this final rule. PHMSA has considered the views
expressed in comments to the NPRM.
5. Conclusion
    The provisions of this final rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by highway, rail,
aircraft, and vessel, thereby reducing the risks of an accidental or
intentional release of hazardous materials and consequent environmental
damage. PHMSA concludes that the net environmental impact will be
positive and that there are no significant environmental impacts
associated with this final rule.

J. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477), or you
may visit http://www.dot.gov/privacy.html.

K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, ``Promoting International Regulatory
Cooperation'', agencies must consider whether the impacts associated
with significant variations between domestic and international
regulatory approaches are unnecessary or may impair the ability of
American business to export and compete internationally. See 77 FR
26413 (May 4, 2012). In meeting shared challenges involving health,
safety, labor, security, environmental, and other issues, international
regulatory cooperation can identify approaches that are at least as
protective as those that are or would be adopted in the absence of such
cooperation. International regulatory cooperation can also reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
to protect the safety of the American public. PHMSA has assessed the
effects of this rulemaking and determined that it does not cause
unnecessary obstacles to foreign trade. In fact, the rule is designed
to facilitate international trade. Accordingly, this rulemaking is
consistent with Executive Order 13609 and PHMSA's obligations under the
Trade Agreement Act, as amended.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs Federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This final
rule involves multiple voluntary consensus standards which are
discussed at length in the ``Section-by-Section Review'' for Sec.
171.7.

List of Subjects

49 CFR Part 107

    Administrative practice and procedure, Hazardous materials
transportation, Incorporation by reference, Packaging and containers,
Penalties, Reporting and recordkeeping requirements.

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Markings, Packaging and
containers, Reporting and recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive
materials, Incorporation by reference, Reporting and recordkeeping
requirements.

49 CFR Part 176

    Maritime carriers, Hazardous materials transportation,
Incorporation by reference, Radioactive materials, Reporting and
recordkeeping requirements.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.

    In consideration of the foregoing, PHMSA amends 49 CFR chapter I as
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-121, sections 212-213; Pub. L. 104-134, section
31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81
and 1.97.

0
2. In Sec.  107.502, paragraph (b) is revised to read as follows:

Sec.  107.502  General registration requirements.

* * * * *
    (b) No person may engage in the manufacture, assembly,
certification, inspection or repair of a cargo tank or cargo tank motor
vehicle manufactured under the terms of a DOT specification under
subchapter C of this chapter or a special permit issued under this part
unless the person is registered with the Department in accordance with
the provisions of this subpart. A person employed as an inspector or
design certifying engineer is considered to be registered if the
person's employer is registered. The requirements of this paragraph (b)
do not apply to a person engaged in the repair of a DOT specification
cargo tank used in the transportation of hazardous materials in the
United States in accordance with Sec.  180.413(a)(1)(iii) of this
chapter.
* * * * *

0
3. In Sec.  107.801, paragraph (a)(2) is revised to read as follows:

Sec.  107.801  Purpose and scope.

    (a) * * *
    (2) A person who seeks approval to engage in the requalification
(e.g. inspection, testing, or certification), rebuilding, or repair of
a cylinder manufactured in accordance with a DOT specification or a
pressure receptacle in accordance with a UN standard under subchapter C
of this chapter or under the terms of a special permit issued

under this part, or a cylinder or tube manufactured in accordance with
a TC, CTC, CRC, or BTC specification under the Transport Canada TDG
Regulations (IBR; see Sec.  171.7 of this chapter);
* * * * *

0
4. In Sec.  107.805, paragraphs (a), (c)(2), (d), and (f) are revised
to read as follows:

Sec.  107.805  Approval of cylinder and pressure receptacle
requalifiers.

    (a) General. A person must meet the requirements of this section to
be approved to inspect, test, certify, repair, or rebuild a cylinder in
accordance with a DOT specification or a UN pressure receptacle under
subpart C of part 178 or subpart C of part 180 of this chapter, or
under the terms of a special permit issued under this part, or a TC,
CTC, CRC, or BTC specification cylinder or tube manufactured in
accordance with the TDG Regulations (IBR, see Sec.  171.7 of this
chapter).
* * * * *
    (c) * * *
    (2) The types of DOT specification or special permit cylinders, UN
pressure receptacles, or TC, CTC, CRC, or BTC specification cylinders
or tubes that will be inspected, tested, repaired, or rebuilt at the
facility;
* * * * *
    (d) Issuance of requalifier identification number (RIN). The
Associate Administrator issues a RIN as evidence of approval to
requalify DOT specification or special permit cylinders, or TC, CTC,
CRC, or BTC specification cylinders or tubes, or UN pressure
receptacles if it is determined, based on the applicant's submission
and other available information, that the applicant's qualifications
and, when applicable, facility are adequate to perform the requested
functions in accordance with the criteria prescribed in subpart C of
part 180 of this subchapter or TDG Regulations, as applicable.
* * * * *
    (f) Exceptions. The requirements in paragraphs (b) and (c) of this
section do not apply to:
    (1) A person who only performs inspections in accordance with Sec.
180.209(g) of this chapter provided the application contains the
following, in addition to the information prescribed in Sec.
107.705(a): Identifies the DOT specification/special permit cylinders
to be inspected; certifies the requalifier will operate in compliance
with the applicable requirements of subchapter C of this chapter;
certifies the persons performing inspections have been trained and have
the information contained in each applicable CGA publication
incorporated by reference in Sec.  171.7 of this chapter applicable to
the requalifiers' activities; and includes the signature of the person
making the certification and the date on which it was signed. Each
person must comply with the applicable requirements in this subpart. In
addition, the procedural requirements in subpart H of this part apply
to the filing, processing and termination of an approval issued under
this subpart; or
    (2) A person holding a DOT-issued RIN to perform the
requalification (inspect, test, certify), repair, or rebuild of DOT
specification cylinders, that wishes to perform any of these actions on
corresponding TC, CTC, CRC, or BTC cylinders or tubes may submit an
application that, in addition to the information prescribed in Sec.
107.705(a): Identifies the TC, CTC, CRC, or BTC specification
cylinder(s) or tube(s) to be inspected; certifies the requalifier will
operate in compliance with the applicable TDG Regulations; certifies
the persons performing requalification have been trained in the
functions applicable to the requalifiers' activities; and includes the
signature of the person making the certification and the date on which
it was signed. In addition, the procedural requirements in subpart H of
this part apply to the filing, processing and termination of an
approval issued under this subpart.
    (3) A person holding a certificate of registration issued by
Transport Canada in accordance with the TDG Regulations to perform the
requalification (inspect, test, certify), repair, or rebuild of a TC,
CTC, CRC, or BTC cylinder who performs any of these actions on
corresponding DOT specification cylinders.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
5. The authority citation for part 171 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

0
6. In Sec.  171.2, paragraph (h)(1) is revised to read as follows:

Sec.  171.2  General requirements.

* * * * *
    (h) * * *
    (1) Specification identifications that include the letters ``ICC'',
``DOT'', ``TC'', ``CTC'', ``CRC'', ``BTC'', ``MC'', or ``UN'';
* * * * *

0
7. In Sec.  171.7:
0
a. Revise paragraphs (a)(1), (h)(44), (t), (v) introductory text,
(v)(2), (w), (bb) introductory text, and (bb)(1) introductory text;
0
b, Add paragraphs (bb)(1)(xiii) through (xix); and
0
c. Revise paragraphs (dd).
    The revisions and additions read as follows:

Sec.  171.7  Reference material.

    (a) Matter incorporated by reference--(1) General. Certain material
is incorporated by reference into subchapters A, B, and C with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. To enforce any edition other than that specified in
this section, PHMSA must publish a document in the Federal Register and
the material must be available to the public. Matters referenced by
footnote are included as part of the regulations of this subchapter.
* * * * *
    (h) * * *
    (44) ASTM D 4359-90 Standard Test Method for Determining Whether a
Material is a Liquid or a Solid, 1990 into Sec. Sec.  130.5, 171.8.
* * * * *
    (t) International Civil Aviation Organization (``ICAO''), 999
Robert-Bourassa Boulevard, Montr[eacute]al, Quebec H3C 5H7, Canada, 1-
514-954-8219, http://www.icao.int. ICAO Technical Instructions
available from: ICAO Document Sales Unit<EMAIL_ADDRESS>    (1) Technical Instructions for the Safe Transport of Dangerous
Goods by Air (ICAO Technical Instructions), 2017-2018 Edition,
copyright 2016, into Sec. Sec.  171.8; 171.22; 171.23; 171.24; 172.101;
172.202; 172.401; 172.512; 172.519; 172.602; 173.56; 173.320; 175.10,
175.33; 178.3.
    (2) [Reserved]
* * * * *
    (v) International Maritime Organization (``IMO''), 4 Albert
Embankment, London, SE1 7SR, United Kingdom, + 44 (0) 20 7735 7611,
http://www.imo.org. IMDG Code available from: IMO Publishing,
<EMAIL_ADDRESS>* * * * *
    (2) International Maritime Dangerous Goods Code (IMDG Code),
Incorporating Amendment 38-16 (English Edition), 2016 Edition, into
Sec. Sec.  171.22; 171.23; 171.25; 172.101; 172.202; 172.203 172.401;
172.502; 172.519; 172.602; 173.21; 173.56; 176.2; 176.5; 176.11;
176.27; 176.30; 176.83; 176.84; 176.140; 176.720; 176.906; 178.3;
178.274.
    (w) International Organization for Standardization, Case Postale
56, CH-1211, Geneve 20, Switzerland, http://

www.iso.org. Also available from: ANSI 25, West 43rd Street, New York,
NY 10036, 1-212-642-4900, http://www.ansi.org.
    (1) ISO 535-1991(E) Paper and board--Determination of water
absorptiveness--Cobb method, 1991, into Sec. Sec.  178.707; 178.708;
178.516.
    (2) ISO 1496-1: 1990 (E)--Series 1 freight containers--
Specification and testing, Part 1: General cargo containers. Fifth
Edition, (August 15, 1990), into Sec.  173.411.
    (3) ISO 1496-3(E)--Series 1 freight containers--Specification and
testing--Part 3: Tank containers for liquids, gases and pressurized dry
bulk, Fourth edition, March 1995, into Sec. Sec.  178.74; 178.75;
178.274.
    (4) ISO 1516:2002(E), Determination of flash/no flash--Closed cup
equilibrium method, Third Edition, 2002-03-01, into Sec.  173.120.
    (5) ISO 1523:2002(E), Determination of flash point--Closed cup
equilibrium method, Third Edition, 2002-03-01, into Sec.  173.120.
    (6) ISO 2431-1984(E) Standard Cup Method, 1984, into Sec.  173.121.
    (7) ISO 2592:2000(E), Determination of flash and fire points--
Cleveland open cup method, Second Edition, 2000-09-15, into Sec.
173.120.
    (8) ISO 2719:2002(E), Determination of flash point--Pensky-Martens
closed cup method, Third Edition, 2002-11-15, into Sec.  173.120.
    (9) ISO 2919:1999(E), Radiation Protection--Sealed radioactive
sources--General requirements and classification, (ISO 2919), second
edition, February 15, 1999, into Sec.  173.469.
    (10) ISO 3036-1975(E) Board--Determination of puncture resistance,
1975, into Sec.  178.708.
    (11) ISO 3405:2000(E), Petroleum products--Determination of
distillation characteristics at atmospheric pressure, Third Edition,
2000-03-01, into Sec.  173.121.
    (12) ISO 3574-1986(E) Cold-reduced carbon steel sheet of commercial
and drawing qualities, into Sec.  178.503; part 178, appendix C.
    (13) ISO 3679:2004(E), Determination of flash point--Rapid
equilibrium closed cup method, Third Edition, 2004-04-01, into Sec.
173.120.
    (14) ISO 3680:2004(E), Determination of flash/no flash--Rapid
equilibrium closed cup method, Fourth Edition, 2004-04-01, into Sec.
173.120.
    (15) ISO 3807-2(E), Cylinders for acetylene--Basic requirements--
Part 2: Cylinders with fusible plugs, First edition, March 2000, into
Sec. Sec.  173.303; 178.71.
    (16) ISO 3807:2013(E), Gas cylinders--Acetylene cylinders--Basic
requirements and type testing, Second edition, 2013-09-01, into
Sec. Sec.  173.303; 178.71.
    (17) ISO 3924:1999(E), Petroleum products--Determination of boiling
range distribution--Gas chromatography method, Second Edition, 1999-08-
01, into Sec.  173.121.
    (18) ISO 4126-1:2004(E): Safety devices for protection against
excessive pressure--Part 1: Safety valves, Second edition 2004-02-15,
into Sec.  178.274.
    (19) ISO 4126-7:2004(E): Safety devices for protection against
excessive pressure--Part 7: Common data, First Edition 2004-02-15 into
Sec.  178.274.
    (20) ISO 4126-7:2004/Cor.1:2006(E): Safety devices for protection
against excessive pressure--Part 7: Common data, Technical Corrigendum
1, 2006-11-01, into Sec.  178.274.
    (21) ISO 4626:1980(E), Volatile organic liquids--Determination of
boiling range of organic solvents used as raw materials, First Edition,
1980-03-01, into Sec.  173.121.
    (22) ISO 4706:2008(E), Gas cylinders--Refillable welded steel
cylinders--Test pressure 60 bar and below, First Edition, 2008-07-014,
Corrected Version, 2008-07-01, into Sec.  178.71.
    (23) ISO 6406(E), Gas cylinders--Seamless steel gas cylinders--
Periodic inspection and testing, Second edition, February 2005, into
Sec.  180.207.
    (24) ISO 6892 Metallic materials--Tensile testing, July 15, 1984,
First Edition, into Sec.  178.274.
    (25) ISO 7225(E), Gas cylinders--Precautionary labels, Second
Edition, July 2005, into Sec.  178.71.
    (26) ISO 7866(E), Gas cylinders--Refillable seamless aluminum alloy
gas cylinders--Design, construction and testing, First edition, June
1999, into Sec.  178.71.
    (27) ISO 7866:2012(E), Gas cylinders--Refillable seamless aluminium
alloy gas cylinders--Design, construction and testing, Second edition,
2012-09-01, into Sec.  178.71.
    (28) ISO 7866:2012/Cor.1:2014(E), Gas cylinders -- Refillable
seamless aluminium alloy gas cylinders -- Design, construction and
testing, Technical Corrigendum 1, 2014-04-15, into Sec.  178.71.
    (29) ISO 8115 Cotton bales--Dimensions and density, 1986 Edition,
into Sec.  172.102.
    (30) ISO 9809-1:1999(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1100 MPa.,
First edition, June 1999, into Sec. Sec.  178.37; 178.71; 178.75.
    (31) ISO 9809-1:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 1: Quenched and
tempered steel cylinders with tensile strength less than 1 100 MPa.,
Second edition, 2010-04-15, into Sec. Sec.  178.37; 178.71; 178.75.
    (32) ISO 9809-2:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1 100 MPa., First edition, June 2000, into Sec. Sec.  178.71; 178.75.
    (33) ISO 9809-2:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 2: Quenched and
tempered steel cylinders with tensile strength greater than or equal to
1100 MPa., Second edition, 2010-04-15, into Sec. Sec.  178.71; 178.75.
    (34) ISO 9809-3:2000(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, First edition, December 2000, into Sec. Sec.  178.71;
178.75.
    (35) ISO 9809-3:2010(E): Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 3: Normalized
steel cylinders, Second edition, 2010-04-15, into Sec. Sec.  178.71;
178.75.
    (36) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel
gas cylinders--Design, construction and testing--Part 4: Stainless
steel cylinders with an Rm value of less than 1 100 MPa, First edition,
2014-07-15, into Sec. Sec.  178.71; 178.75.
    (37) ISO 9978:1992(E)--Radiation protection--Sealed radioactive
sources--Leakage test methods. First Edition, (February 15, 1992), into
Sec.  173.469.
    (38) ISO 10156:2010(E): Gases and gas mixtures--Determination of
fire potential and oxidizing ability for the selection of cylinder
valve outlets, Third edition, 2010-04-01, into Sec.  173.115.
    (39) ISO 10156:2010/Cor.1:2010(E): Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection
of cylinder valve outlets, Technical Corrigendum 1, 2010-09-01, into
Sec.  173.115.
    (40) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder
valves--Specification and type testing, First Edition, 1995-05-01, into
Sec. Sec.  173.301b; 178.71.
    (41) ISO 10297:2006(E), Transportable gas cylinders--Cylinder
valves--Specification and type testing, Second Edition, 2006-01-15,
into Sec. Sec.  173.301b; 178.71.

    (42) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third Edition, 20014-07-15, into
Sec. Sec.  173.301b; 178.71.
    (43) ISO 10461:2005(E), Gas cylinders--Seamless aluminum-alloy gas
cylinders--Periodic inspection and testing, Second Edition, 2005-02-15
and Amendment 1, 2006-07-15, into Sec.  180.207.
    (44) ISO 10462 (E), Gas cylinders--Transportable cylinders for
dissolved acetylene--Periodic inspection and maintenance, Second
edition, February 2005, into Sec.  180.207.
    (45) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--
Periodic inspection and maintenance, Third edition, 2013-12-15, into
Sec.  180.207.
    (46) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve
connections for use in the micro-electronics industry--Part 2:
Specification and type testing for valve to cylinder connections, First
Edition, 2001-08-01, into Sec. Sec.  173.40; 173.302c.
    (47) ISO 11114-1:2012(E), Gas cylinders--Compatibility of cylinder
and valve materials with gas contents--Part 1: Metallic materials,
Second edition, 2012-03-15, into Sec. Sec.  172.102; 173.301b; 178.71.
    (48) ISO 11114-2:2013(E), Gas cylinders--Compatibility of cylinder
and valve materials with gas contents--Part 2: Non-metallic materials,
Second edition, 2013-04-01, into Sec. Sec.  173.301b; 178.71.
    (49) ISO 11117:1998(E): Gas cylinders--Valve protection caps and
valve guards for industrial and medical gas cylinders.--Design,
construction and tests, First edition, 1998-08-01, into Sec.  173.301b.
    (50) ISO 11117:2008(E): Gas cylinders--Valve protection caps and
valve guards--Design, construction and tests, Second edition, 2008-09-
01, into Sec.  173.301b.
    (51) ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve protection
caps and valve guards--Design, construction and tests, Technical
Corrigendum 1, 2009-05-01, into Sec.  173.301b.
    (52) ISO 11118(E), Gas cylinders--Non-refillable metallic gas
cylinders--Specification and test methods, First edition, October 1999,
into Sec.  178.71.
    (53) ISO 11119-1(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 1: Hoop-wrapped
composite gas cylinders, First edition, May 2002, into Sec.  178.71.
    (54) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing-- Part 1: Hoop
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l,
Second edition, 2012-08-01, into Sec.  178.71.
    (55) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite
construction--Specification and test methods--Part 2: Fully wrapped
fibre reinforced composite gas cylinders with load-sharing metal
liners, First edition, May 2002, into Sec.  178.71.
    (56) ISO 11119-2:2012(E), Gas cylinders--Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 2: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with load-sharing metal liners, Second edition, 2012-07-15, into Sec.
178.71.
    (57) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable
composite gas cylinders and tubes--Design, construction and testing--
Part 2: Fully wrapped fibre reinforced composite gas cylinders and
tubes up to 450 l with load-sharing metal liners, Amendment 1, 2014-08-
15, into Sec.  178.71.
    (58) ISO 11119-3(E), Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced
composite gas cylinders with non-load-sharing metallic or non-metallic
liners, First edition, September 2002, into Sec.  178.71.
    (59) ISO 11119-3:2013(E), Gas cylinders-- Refillable composite gas
cylinders and tubes--Design, construction and testing--Part 3: Fully
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l
with non-load-sharing metallic or non-metallic liners, Second edition,
2013-04-15, into Sec.  178.71.
    (60) ISO 11120(E), Gas cylinders--Refillable seamless steel tubes
of water capacity between 150 L and 3000 L--Design, construction and
testing, First edition, March 1999, into Sec. Sec.  178.71; 178.75.
    (61) ISO 11513:2011(E), Gas cylinders--Refillable welded steel
cylinders containing materials for sub-atmospheric gas packaging
(excluding acetylene)--Design, construction, testing, use and periodic
inspection, First edition, 2011-09-12, into Sec. Sec.  173.302c;
178.71; 180.207.
    (62) ISO 11621(E), Gas cylinders--Procedures for change of gas
service, First edition, April 1997, into Sec. Sec.  173.302, 173.336,
173.337.
    (63) ISO 11623(E), Transportable gas cylinders--Periodic inspection
and testing of composite gas cylinders, First edition, March 2002, into
Sec.  180.207.
    (64) ISO 13340:2001(E) Transportable gas cylinders--Cylinder valves
for non-refillable cylinders--Specification and prototype testing,
First edition, 2004-04-01, into Sec. Sec.  173.301b; 178.71.
    (65) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09-15, into Sec.  173.120.
    (66) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen
absorbed in reversible metal hydride, First Edition, 2008-11-15, into
Sec. Sec.  173.301b; 173.311; 178.71.
    (67) ISO 18172-1:2007(E), Gas cylinders--Refillable welded
stainless steel cylinders--Part 1: Test pressure 6 MPa and below, First
Edition, 2007-03-01, into Sec.  178.71.
    (68) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing, First Edition, 2006-
05-01, into Sec.  178.71.
* * * * *
    (bb) Transport Canada, Transport Dangerous Goods. Mailstop: ASD 330
Sparks Street, Ottawa, Ontario, Canada K1A 0N5,<PHONE_NUMBER>, http://www.tc.gc.ca.
    (1) Transportation of Dangerous Goods Regulations (Transport Canada
TDG Regulations), into Sec. Sec.  107.801; 107.805; 171.12; 171.22;
171.23; 172.401; 172.502; 172.519; 172.602; 173.31; 173.32; 173.33;
173.301; 180.205; 180.211; 180.212; 180.413.
* * * * *
    (xiii) SOR/2014-152 July 2, 2014.
    (xiv) SOR/2014-159 July 2, 2014.
    (xv) SOR/2014-159 Erratum July 16, 2014.
    (xvi) SOR/2014-152 Erratum August 27, 2014.
    (xvii) SOR/2014-306 December 31, 2014.
    (xviii) SOR/2014-306 Erratum January 28, 2015.
    (xix) SOR/2015-100 May 20, 2015.
* * * * *
    (dd) United Nations, Bookshop, GA-1B-103, New York, NY 10017, 1-
212-963-7680, https://shop.un.org or<EMAIL_ADDRESS>    (1) UN Recommendations on the Transport of Dangerous Goods, Model
Regulations (UN Recommendations), 19th revised edition, Volumes I and
II (2015), into Sec. Sec.  171.8; 171.12; 172.202; 172.401; 172.407;
172.502; 173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b;
173.304b; 178.75; 178.274.
    (2) UN Recommendations on the Transport of Dangerous Goods, Manual
of Tests and Criteria, (Manual of Tests and Criteria), Sixth revised
edition (2015), into Sec. Sec.  171.24, 172.102; 173.21; 173.56;
173.57; 173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128;
173.137; 173.185; 173.220; 173.221;

173.225, part 173, appendix H; 176.905; 178.274.
    (3) UN Recommendations on the Transport of Dangerous Goods,
Globally Harmonized System of Classification and Labelling of Chemicals
(GHS), Sixth revised edition (2015), into Sec.  172.401.
* * * * *

0
8. In Sec.  171.8:
0
a. Revise the definition of ``Aerosol'';
0
b. Add a definition for ``Design life'' in alphabetical order;
0
c. Revise the definition of ``Large salvage packaging'';
0
d. Add definitions for ``SAPT'' and ``Service life'' in alphabetical
order; and
0
e. Revise the definition of ``UN tube.''
    The revisions and additions read as follows:

Sec.  171.8  Definitions and abbreviations.

* * * * *
    Aerosol means an article consisting of any non-refillable
receptacle containing a gas compressed, liquefied or dissolved under
pressure, the sole purpose of which is to expel a nonpoisonous (other
than a Division 6.1 Packing Group III material) liquid, paste, or
powder and fitted with a self-closing release device allowing the
contents to be ejected by the gas.
* * * * *
    Design life, for composite cylinders and tubes, means the maximum
life (in number of years) to which the cylinder or tube is designed and
approved in accordance with the applicable standard.
* * * * *
    Large salvage packaging means a special packaging into which
damaged, defective, leaking or non-conforming hazardous materials
packages, or hazardous materials that have spilled or leaked are placed
for the purpose of transport for recovery or disposal, that--
    (1) Is designed for mechanical handling; and
    (2) Has a net mass greater than 400 kg (882 pounds) or a capacity
of greater than 450 L (119 gallons), but has a volume of not more than
3 cubic meters (106 cubic feet).
* * * * *
    SAPT means self-accelerated polymerization temperature. See Sec.
173.21(f) of this subchapter. This definition will be effective until
January 2, 2019.
* * * * *
    Service life, for composite cylinders and tubes, means the number
of years the cylinder or tube is permitted to be in service.
* * * * *
    UN tube means a transportable pressure receptacle of seamless or
composite construction having with a water capacity exceeding 150 L
(39.6 gallons) but not more than 3,000 L (792.5 gallons) that has been
marked and certified as conforming to the requirements in part 178 of
this subchapter.
* * * * *

0
9. In Sec.  171.12, paragraphs (a)(1) and (4) are revised to read as
follows:

Sec.  171.12  North American Shipments.

    (a) * * *
    (1) A hazardous material transported from Canada to the United
States, from the United States to Canada, or transiting the United
States to Canada or a foreign destination may be offered for
transportation or transported by motor carrier and rail in accordance
with the Transport Canada TDG Regulations (IBR, see Sec.  171.7) or an
equivalency certificate (permit for equivalent level of safety) issued
under the TDG Regulations, as authorized in Sec.  171.22, provided the
requirements in Sec. Sec.  171.22 and 171.23, as applicable, and this
section are met. In addition, a cylinder, MEGC, cargo tank motor
vehicle, portable tank or rail tank car authorized by the Transport
Canada TDG Regulations may be used for transportation to, from, or
within the United States provided the cylinder, MEGC, cargo tank motor
vehicle, portable tank or rail tank car conforms to the applicable
requirements of this section. Except as otherwise provided in this
subpart and subpart C of this part, the requirements in parts 172, 173,
and 178 of this subchapter do not apply for a material transported in
accordance with the Transport Canada TDG Regulations.
* * * * *
    (4) Cylinders and MEGCs. When the provisions of this subchapter
require that a DOT specification or a UN pressure receptacle must be
used for a hazardous material, a packaging authorized by the Transport
Canada TDG Regulations may be used only if it corresponds to the DOT
specification or UN standard authorized by this subchapter. Unless
otherwise excepted in this subchapter, a cylinder (including a UN
pressure receptacle) or MEGC may not be transported unless--
    (i) The packaging is a UN pressure receptacle or MEGC marked with
the letters ``CAN'' for Canada as a country of manufacture or a country
of approval or is a cylinder that was manufactured, inspected and
tested in accordance with a DOT specification or a UN standard
prescribed in part 178 of this subchapter, except that cylinders not
conforming to these requirements must meet the requirements in Sec.
171.23. Each cylinder must conform to the applicable requirements in
part 173 of this subchapter for the hazardous material involved.
    (ii) A Canadian Railway Commission (CRC), Board of Transport
Commissioners for Canada (BTC), Canadian Transport Commission (CTC) or
Transport Canada (TC) specification cylinder manufactured, originally
marked, and approved in accordance with the TDG Regulations, and in
full conformance with the TDG Regulations is authorized for
transportation to, from or within the United States provided:
    (A) The CRC, BTC, CTC or TC specification cylinder corresponds with
a DOT specification cylinder and the markings are the same as those
specified in this subchapter, except that the original markings were
``CRC'', ``BTC'', ``CTC'', or ``TC'';
    (B) The cylinder has been requalified under a program authorized by
the TDG Regulations or subpart I of part 107 of this chapter;
    (C) When the regulations authorize a cylinder for a specific
hazardous material with a specification marking prefix of ``DOT,'' a
cylinder marked ``CRC'', ``BTC'', ``CTC'', or ``TC'' otherwise bearing
the same markings required of the specified ``DOT'' cylinder may be
used; and
    (D) Transport of the cylinder and the material it contains is in
all other respects in conformance with the requirements of this
subchapter (e.g. valve protection, filling requirements, operational
requirements, etc.).
    (iii) Authorized CRC, BTC, CTC or TC specification cylinders that
correspond with a DOT specification cylinder are as follows:

----------------------------------------------------------------------------------------------------------------
                                          DOT (some or all of these              CTC (some or all of these
                TC                  specifications may  instead be marked  specifications may  instead be marked
                                            with  the prefix ICC)               with  the prefix BTC or CRC)
----------------------------------------------------------------------------------------------------------------
TC-3AM...........................  DOT-3A [ICC-3]                          CTC-3A

TC-3AAM..........................  DOT-3AA                                 CTC-3AA
TC-3ANM..........................  DOT-3BN                                 CTC-3BN
TC-3EM...........................  DOT-3E                                  CTC-3E
TC-3HTM..........................  DOT-3HT                                 CTC-3HT
TC-3ALM..........................  DOT-3AL                                 CTC-3AL
                                   DOT-3B                                  CTC-3B
TC-3AXM..........................  DOT-3AX                                 CTC-3AX
TC-3AAXM.........................  DOT-3AAX                                CTC-3AAX
                                   DOT-3A480X                              CTC-3A480X
TC-3TM...........................  DOT-3T
TC-4AAM33........................  DOT-4AA480                              CTC-4AA480
TC-4BM...........................  DOT-4B                                  CTC-4B
TC-4BM17ET.......................  DOT-4B240ET                             CTC-4B240ET
TC-4BAM..........................  DOT-4BA                                 CTC-4BA
TC-4BWM..........................  DOT-4BW                                 CTC-4BW
TC-4DM...........................  DOT-4D                                  CTC-4D
TC-4DAM..........................  DOT-4DA                                 CTC-4DA
TC-4DSM..........................  DOT-4DS                                 CTC-4DS
TC-4EM...........................  DOT-4E                                  CTC-4E
TC-39M...........................  DOT-39                                  CTC-39
TC-4LM...........................  DOT-4L                                  CTC-4L
                                   DOT-8                                   CTC-8
                                   DOT-8AL                                 CTC-8AL
----------------------------------------------------------------------------------------------------------------

* * * * *

0
10. In Sec.  171.23, paragraph (a) is revised to read as follows:

Sec.  171.23  Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.

* * * * *
    (a) Conditions and requirements for cylinders. (1) Except as
provided in this paragraph (a), a filled cylinder (pressure receptacle)
manufactured to other than a DOT specification or a UN standard in
accordance with part 178 of this subchapter, a DOT exemption or special
permit cylinder, a TC, CTC, CRC, or BTC cylinder authorized under Sec.
171.12, or a cylinder used as a fire extinguisher in conformance with
Sec.  173.309(a) of this subchapter, may not be transported to, from,
or within the United States.
    (2) Cylinders (including UN pressure receptacles) transported to,
from, or within the United States must conform to the applicable
requirements of this subchapter. Unless otherwise excepted in this
subchapter, a cylinder must not be transported unless--
    (i) The cylinder is manufactured, inspected and tested in
accordance with a DOT specification or a UN standard prescribed in part
178 of this subchapter, or a TC, CTC, CRC, or BTC specification set out
in the Transport Canada TDG Regulations (IBR, see Sec.  171.7), except
that cylinders not conforming to these requirements must meet the
requirements in paragraph (a)(3), (4), or (5) of this section;
    (ii) The cylinder is equipped with a pressure relief device in
accordance with Sec.  173.301(f) of this subchapter and conforms to the
applicable requirements in part 173 of this subchapter for the
hazardous material involved;
    (iii) The openings on an aluminum cylinder in oxygen service
conform to the requirements of this paragraph, except when the cylinder
is used for aircraft parts or used aboard an aircraft in accordance
with the applicable airworthiness requirements and operating
regulations. An aluminum DOT specification cylinder must have an
opening configured with straight (parallel) threads. A UN pressure
receptacle may have straight (parallel) or tapered threads provided the
UN pressure receptacle is marked with the thread type, e.g. ``17E, 25E,
18P, or 25P'' and fitted with the properly marked valve; and
    (iv) A UN pressure receptacle is marked with ``USA'' as a country
of approval in conformance with Sec. Sec.  178.69 and 178.70 of this
subchapter, or ``CAN'' for Canada.
    (3) Importation of cylinders for discharge within a single port
area. A cylinder manufactured to other than a DOT specification or UN
standard in accordance with part 178 of this subchapter, or a TC, CTC,
BTC, or CRC specification cylinder set out in the Transport Canada TDG
Regulations (IBR, see Sec.  171.7), and certified as being in
conformance with the transportation regulations of another country may
be authorized, upon written request to and approval by the Associate
Administrator, for transportation within a single port area, provided--
    (i) The cylinder is transported in a closed freight container;
    (ii) The cylinder is certified by the importer to provide a level
of safety at least equivalent to that required by the regulations in
this subchapter for a comparable DOT, TC, CTC, BTC, or CRC
specification or UN cylinder; and
    (iii) The cylinder is not refilled for export unless in compliance
with paragraph (a)(4) of this section.
    (4) Filling of cylinders for export or for use on board a vessel. A
cylinder not manufactured, inspected, tested and marked in accordance
with part 178 of this subchapter, or a cylinder manufactured to other
than a UN standard, DOT specification, exemption or special permit, or
other than a TC, CTC, BTC, or CRC specification, may be filled with a
gas in the United States and offered for transportation and transported
for export or alternatively, for use on board a vessel, if the
following conditions are met:
    (i) The cylinder has been requalified and marked with the month and
year of requalification in accordance with subpart C of part 180 of
this subchapter, or has been requalified as authorized by the Associate
Administrator;
    (ii) In addition to other requirements of this subchapter, the
maximum filling density, service pressure, and pressure relief device
for each cylinder conform to the requirements of this part for the gas
involved; and

    (iii) The bill of lading or other shipping paper identifies the
cylinder and includes the following certification: ``This cylinder has
(These cylinders have) been qualified, as required, and filled in
accordance with the DOT requirements for export.''
    (5) Cylinders not equipped with pressure relief devices. A DOT
specification or a UN cylinder manufactured, inspected, tested and
marked in accordance with part 178 of this subchapter and otherwise
conforms to the requirements of part 173 of this subchapter for the gas
involved, except that the cylinder is not equipped with a pressure
relief device may be filled with a gas and offered for transportation
and transported for export if the following conditions are met:
    (i) Each DOT specification cylinder or UN pressure receptacle must
be plainly and durably marked ``For Export Only'';
    (ii) The shipping paper must carry the following certification:
``This cylinder has (These cylinders have) been retested and refilled
in accordance with the DOT requirements for export.''; and
    (iii) The emergency response information provided with the shipment
and available from the emergency response telephone contact person must
indicate that the pressure receptacles are not fitted with pressure
relief devices and provide appropriate guidance for exposure to fire.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

0
11. The authority citation for part 172 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.  172.101:
0
a. The Hazardous Materials Table is amended by removing the entries
under ``[REMOVE]'' and by adding the entries under ``[ADD]'' and
revising the entries under ``[REVISE]'' in the appropriate alphabetical
sequence; and
0
b. In appendix B to Sec.  172.101, the List of Marine Pollutants is
amended by adding five (5) entries in appropriate alphabetical order.
    The additions and revisions read as follows:

Sec.  172.101  Purpose and use of the hazardous materials table.

* * * * *

Sec.  172.101  Hazardous Materials Table

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Appendix B to Sec.  172.101--List of Marine Pollutants.

* * * * *

                        List of Marine Pollutants
------------------------------------------------------------------------
               S. M. P. (1)                     Marine pollutant (2)
------------------------------------------------------------------------

                                * * * * *
                                            Hypochlorite solutions

                                * * * * *
                                            Isoprene, stabilized

                                * * * * *
                                            N-Methylaniline

                                * * * * *
                                            Methylcyclohexane

                                * * * * *
                                            Tripropylene

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

0
13. In Sec.  172.102:
0
a. In paragraph (c)(1):
0
i. Revise special provisions 40, 134, and 135;
0
ii. Add special provisions 157, 181, and 182 in numerical order;
0
iii. Revise special provisions 238 and 369; and
0
iv. Add special provisions, 379, 387, 420, 421 and 422 in numerical
order.
0
b. In paragraph (c)(2), special provisions A210 and A212 are added in
numerical order.
0
c. In paragraph (c)(3), special provisions B134 and B135 are added in
numerical order.
0
d. In paragraph (c)(4), Table 2--IP Codes is revised.
0
e. In paragraph (c)(5), special provision N90 is revised and N92 is
added in numerical order.
0
f. In paragraph (c)(9), special provisions W31, W32, W40, and W100 are
added in numerical order.
    The additions and revisions read as follows:

Sec.  172.102  Special Provisions.

* * * * *
    (c) * * *
    (1) * * *
    40 Polyester resin kits consist of two components: A base material
(either Class 3 or Division 4.1, Packing Group II or III) and an
activator (organic peroxide), each separately packed in an inner
packaging. The organic peroxide must be type D, E, or F, not requiring
temperature control. The components may be placed in the same outer
packaging provided they will not interact dangerously in the event of
leakage. The Packing Group assigned will be II or III, according to the
classification criteria for either Class 3 or Division 4.1, as
appropriate, applied to the base material. Additionally, unless
otherwise excepted in this subchapter, polyester resin kits must be
packaged in specification combination packagings based on the
performance level of the base material contained within the kit.
* * * * *
    134 This entry only applies to vehicles powered by wet batteries,
sodium batteries, lithium metal batteries or lithium ion batteries and
equipment powered by wet batteries or sodium batteries that are
transported with these batteries installed.
    a. For the purpose of this special provision, vehicles are self-
propelled apparatus designed to carry one or more persons or goods.
Examples of such vehicles are electrically-powered cars, motorcycles,
scooters, three- and four-wheeled vehicles or motorcycles, trucks,
locomotives, bicycles (pedal cycles with an electric motor) and other
vehicles of this type (e.g. self-balancing vehicles or vehicles not
equipped with at least one seating position), lawn tractors, self-
propelled farming and construction equipment, boats, aircraft,
wheelchairs and other mobility aids. This includes vehicles transported
in a packaging. In this case some parts of the vehicle may be detached
from its frame to fit into the packaging.
    b. Examples of equipment are lawnmowers, cleaning machines or model
boats and model aircraft. Equipment powered by lithium metal batteries
or lithium ion batteries must be consigned under the entries ``Lithium
metal batteries contained in equipment'' or ``Lithium metal batteries
packed with equipment'' or ``Lithium ion batteries contained in
equipment'' or ``Lithium ion batteries packed with equipment'' as
appropriate.
    c. Self-propelled vehicles or equipment that also contain an
internal combustion engine must be consigned under the entries
``Engine, internal combustion, flammable gas powered'' or ``Engine,
internal combustion, flammable liquid powered'' or ``Vehicle, flammable
gas powered'' or ``Vehicle, flammable liquid powered,'' as appropriate.
These entries include hybrid electric vehicles powered by both an
internal combustion engine and batteries. Additionally, self-propelled
vehicles or equipment that contain a fuel cell engine must be consigned
under the entries ``Engine, fuel cell, flammable gas powered'' or
``Engine, fuel cell, flammable liquid powered'' or ``Vehicle, fuel
cell, flammable gas

powered'' or ``Vehicle, fuel cell, flammable liquid powered,'' as
appropriate. These entries include hybrid electric vehicles powered by
a fuel cell engine, an internal combustion engine, and batteries.
    135 Internal combustion engines installed in a vehicle must be
consigned under the entries ``Vehicle, flammable gas powered'' or
``Vehicle, flammable liquid powered,'' as appropriate. If a vehicle is
powered by a flammable liquid and a flammable gas internal combustion
engine, it must be consigned under the entry ``Vehicle, flammable gas
powered.'' These entries include hybrid electric vehicles powered by
both an internal combustion engine and wet, sodium or lithium batteries
installed. If a fuel cell engine is installed in a vehicle, the vehicle
must be consigned using the entries ``Vehicle, fuel cell, flammable gas
powered'' or ``Vehicle, fuel cell, flammable liquid powered,'' as
appropriate. These entries include hybrid electric vehicles powered by
a fuel cell, an internal combustion engine, and wet, sodium or lithium
batteries installed. For the purpose of this special provision,
vehicles are self-propelled apparatus designed to carry one or more
persons or goods. Examples of such vehicles are cars, motorcycles,
trucks, locomotives, scooters, three- and four-wheeled vehicles or
motorcycles, lawn tractors, self-propelled farming and construction
equipment, boats and aircraft.
* * * * *
    157 When transported as a limited quantity or a consumer commodity,
the maximum net capacity specified in Sec.  173.151(b)(1)(i) of this
subchapter for inner packagings may be increased to 5 kg (11 pounds).
* * * * *
    181 When a package contains a combination of lithium batteries
contained in equipment and lithium batteries packed with equipment, the
following requirements apply:
    a. The shipper must ensure that all applicable requirements of
Sec.  173.185 of this subchapter are met. The total mass of lithium
batteries contained in any package must not exceed the quantity limits
in columns (9A) and (9B) for passenger aircraft or cargo aircraft, as
applicable;
    b. Except as provided in Sec.  173.185(c)(3) of this subchapter,
the package must be marked ``UN 3091 Lithium metal batteries packed
with equipment'', or ``UN 3481 Lithium ion batteries packed with
equipment,'' as appropriate. If a package contains both lithium metal
batteries and lithium ion batteries packed with and contained in
equipment, the package must be marked as required for both battery
types. However, button cell batteries installed in equipment (including
circuit boards) need not be considered; and
    c. The shipping paper must indicate ``UN 3091 Lithium metal
batteries packed with equipment'' or ``UN 3481 Lithium ion batteries
packed with equipment,'' as appropriate. If a package contains both
lithium metal batteries and lithium ion batteries packed with and
contained in equipment, then the shipping paper must indicate both ``UN
3091 Lithium metal batteries packed with equipment'' and ``UN 3481
Lithium ion batteries packed with equipment.''
    182 Equipment containing only lithium batteries must be classified
as either UN 3091 or UN 3481.
* * * * *
    238 Neutron radiation detectors: a. Neutron radiation detectors
containing non-pressurized boron trifluoride gas in excess of 1 gram
(0.035 ounces) and radiation detection systems containing such neutron
radiation detectors as components may be transported by highway, rail,
vessel, or cargo aircraft in accordance with the following:
    a. Each radiation detector must meet the following conditions:
    (1) The pressure in each neutron radiation detector must not exceed
105 kPa absolute at 20 [deg]C (68[emsp14][deg]F);
    (2) The amount of gas must not exceed 13 grams (0.45 ounces) per
detector; and
    (3) Each neutron radiation detector must be of welded metal
construction with brazed metal to ceramic feed through assemblies.
These detectors must have a minimum burst pressure of 1800 kPa as
demonstrated by design type qualification testing; and
    (4) Each detector must be tested to a 1 x 10-10 cm\3\/s
leaktightness standard before filling.
    b. Radiation detectors transported as individual components must be
transported as follows:
    (1) They must be packed in a sealed intermediate plastic liner with
sufficient absorbent or adsorbent material to absorb or adsorb the
entire gas contents.
    (2) They must be packed in strong outer packagings and the
completed package must be capable of withstanding a 1.8 meter (5.9
feet) drop without leakage of gas contents from detectors.
    (3) The total amount of gas from all detectors per outer packaging
must not exceed 52 grams (1.83 ounces).
    c. Completed neutron radiation detection systems containing
detectors meeting the conditions of paragraph a(1) of this special
provision must be transported as follows:
    (1) The detectors must be contained in a strong sealed outer
casing;
    (2) The casing must contain include sufficient absorbent or
adsorbent material to absorb or adsorb the entire gas contents;
    (3) The completed system must be packed in strong outer packagings
capable of withstanding a 1.8 meter (5.9 feet) drop test without
leakage unless a system's outer casing affords equivalent protection.
    d. Except for transportation by aircraft, neutron radiation
detectors and radiation detection systems containing such detectors
transported in accordance with paragraph a. of this special provision
are not subject to the labeling and placarding requirements of part 172
of this subchapter.
    e. When transported by highway, rail, vessel, or as cargo on an
aircraft, neutron radiation detectors containing not more than 1 gram
of boron trifluoride, including those with solder glass joints are not
subject to any other requirements of this subchapter provided they meet
the requirements in paragraph a(1) of this special provision and are
packed in accordance with paragraph a(2) of this special provision.
Radiation detection systems containing such detectors are not subject
to any other requirements of this subchapter provided they are packed
in accordance with paragraph a(3) of this special provision.
* * * * *
    369 In accordance with Sec.  173.2a of this subchapter, this
radioactive material in an excepted package possessing corrosive
properties is classified in Division 6.1 with a radioactive material
and corrosive subsidiary risk. Uranium hexafluoride may be classified
under this entry only if the conditions of Sec. Sec.  173.420(a)(4) and
(6) and (d) and 173.421(b) and (d) of this subchapter, and, for
fissile-excepted material, the conditions of Sec.  173.453 of this
subchapter are met. In addition to the provisions applicable to the
transport of Division 6.1 substances, the provisions of Sec. Sec.
173.421(c) and 173.443(a) of this subchapter apply. In addition,
packages shall be legibly and durably marked with an identification of
the consignor, the consignee, or both. No Class 7 label is required to
be displayed. The consignor shall be in possession of a copy of each
applicable certificate when packages include fissile material excepted
by competent authority approval. When a consignment is undeliverable,
the

consignment shall be placed in a safe location and the appropriate
competent authority shall be informed as soon as possible and a request
made for instructions on further action. If it is evident that a
package of radioactive material, or conveyance carrying unpackaged
radioactive material, is leaking, or if it is suspected that the
package, or conveyance carrying unpackaged material, may have leaked,
the requirements of Sec.  173.443(e) of this subchapter apply.
* * * * *
    379 When offered for transport by highway, rail, or cargo vessel,
anhydrous ammonia adsorbed or absorbed on a solid contained in ammonia
dispensing systems or receptacles intended to form part of such systems
is not subject to the requirements of this subchapter if the following
conditions in this provision are met. In addition to meeting the
conditions in this provision, transport on cargo aircraft only may be
authorized with prior approval of the Associate Administrator.
    a. The adsorption or absorption presents the following properties:
    (1) The pressure at a temperature of 20 [deg]C (68[emsp14][deg]F)
in the receptacle is less than 0.6 bar (60 kPa);
    (2) The pressure at a temperature of 35 [deg]C (95[emsp14][deg]F)
in the receptacle is less than 1 bar (100 kPa);
    (3) The pressure at a temperature of 85 [deg]C (185[emsp14][deg]F)
in the receptacle is less than 12 bar (1200 kPa).
    b. The adsorbent or absorbent material shall not meet the
definition or criteria for inclusion in Classes 1 to 8;
    c. The maximum contents of a receptacle shall be 10 kg of ammonia;
and
    d. Receptacles containing adsorbed or absorbed ammonia shall meet
the following conditions:
    (1) Receptacles shall be made of a material compatible with ammonia
as specified in ISO 11114-1:2012 (IBR, see Sec.  171.7 of this
subchapter);
    (2) Receptacles and their means of closure shall be hermetically
sealed and able to contain the generated ammonia;
    (3) Each receptacle shall be able to withstand the pressure
generated at 85 [deg]C (185[emsp14][deg]F) with a volumetric expansion
no greater than 0.1%;
    (4) Each receptacle shall be fitted with a device that allows for
gas evacuation once pressure exceeds 15 bar (1500 kPa) without violent
rupture, explosion or projection; and
    (5) Each receptacle shall be able to withstand a pressure of 20 bar
(2000 kPa) without leakage when the pressure relief device is
deactivated.
    e. When offered for transport in an ammonia dispenser, the
receptacles shall be connected to the dispenser in such a way that the
assembly is guaranteed to have the same strength as a single
receptacle.
    f. The properties of mechanical strength mentioned in this special
provision shall be tested using a prototype of a receptacle and/or
dispenser filled to nominal capacity, by increasing the temperature
until the specified pressures are reached.
    g. The test results shall be documented, shall be traceable, and
shall be made available to a representative of the Department upon
request.
* * * * *
    387 When materials are stabilized by temperature control, the
provisions of Sec.  173.21(f) of this subchapter apply. When chemical
stabilization is employed, the person offering the material for
transport shall ensure that the level of stabilization is sufficient to
prevent the material as packaged from dangerous polymerization at 50
[deg]C (122[emsp14][deg]F). If chemical stabilization becomes
ineffective at lower temperatures within the anticipated duration of
transport, temperature control is required and is forbidden by
aircraft. In making this determination factors to be taken into
consideration include, but are not limited to, the capacity and
geometry of the packaging and the effect of any insulation present, the
temperature of the material when offered for transport, the duration of
the journey, and the ambient temperature conditions typically
encountered in the journey (considering also the season of year), the
effectiveness and other properties of the stabilizer employed,
applicable operational controls imposed by regulation (e.g.
requirements to protect from sources of heat, including other cargo
carried at a temperature above ambient) and any other relevant factors.
The provisions of this special provision will be effective until
January 2, 2019, unless we terminate them earlier or extend them beyond
that date by notice of a final rule in the Federal Register.
    420 This entry does not apply to manufactured articles (such as
table tennis balls).
    421 This entry will no longer be effective on January 2, 2019
unless we terminate it earlier or extend it beyond that date by notice
of a final rule in the Federal Register.
    422 When labelling is required, the label to be used must be the
label shown in Sec.  172.447. Labels conforming to requirements in
place on December 31, 2016 may continue to be used until December 31,
2018. When a placard is displayed, the placard must be the placard
shown in Sec.  172.560.
    (2) * * *
    A210 This substance is forbidden for transport by air. It may be
transported on cargo aircraft only with the prior approval of the
Associate Administrator.
    A212 ``UN 2031, Nitric acid, other than red fuming, with more than
20% and less than 65% nitric acid'' intended for use in sterilization
devices only, may be transported on passenger aircraft irrespective of
the indication of ``forbidden'' in columns (9A) of the Sec.  172.101
table provided that:
    a. Each inner packaging contains not more than 30 mL;
    b. Each inner packaging is contained in a sealed leak-proof
intermediate packaging with sufficient absorbent material capable of
containing the contents of the inner packaging;
    c. Intermediate packagings are securely packed in an outer
packaging of a type permitted by Sec.  173.158(g) of this subchapter
which meet the requirements of part 178 of this subchapter at the
Packing Group I performance level;
    d. The maximum quantity of nitric acid in the package does not
exceed 300 mL; and
    e. Transport in accordance with this special provision must be
noted on the shipping paper.
    (3) * * *
    B134 For Large Packagings offered for transport by vessel, flexible
or fibre inner packagings shall be sift-proof and water-resistant or
shall be fitted with a sift-proof and water-resistant liner.
    B135 For Large Packagings offered for transport by vessel, flexible
or fibre inner packagings shall be hermetically sealed.
    (4) * * *

                            Table 2--IP Codes
------------------------------------------------------------------------
           IP code
------------------------------------------------------------------------
IP1..........................  IBCs must be packed in closed freight
                                containers or a closed transport
                                vehicle.
IP2..........................  When IBCs other than metal or rigid
                                plastics IBCs are used, they must be
                                offered for transportation in a closed
                                freight container or a closed transport
                                vehicle.
IP3..........................  Flexible IBCs must be sift-proof and
                                water-resistant or must be fitted with a
                                sift-proof and water-resistant liner.
IP4..........................  Flexible, fiberboard or wooden IBCs must
                                be sift-proof and water-resistant or be
                                fitted with a sift-proof and water-
                                resistant liner.
IP5..........................  IBCs must have a device to allow venting.
                                The inlet to the venting device must be
                                located in the vapor space of the IBC
                                under maximum filling conditions.
IP6..........................  Non-specification bulk bins are
                                authorized.
IP7..........................  For UN identification numbers 1327, 1363,
                                1364, 1365, 1386, 1841, 2211, 2217, 2793
                                and 3314, IBCs are not required to meet
                                the IBC performance tests specified in
                                part 178, subpart N, of this subchapter.
IP8..........................  Ammonia solutions may be transported in
                                rigid or composite plastic IBCs (31H1,
                                31H2 and 31HZ1) that have successfully
                                passed, without leakage or permanent
                                deformation, the hydrostatic test
                                specified in Sec.   178.814 of this
                                subchapter at a test pressure that is
                                not less than 1.5 times the vapor
                                pressure of the contents at 55 [deg]C
                                (131 [deg]F).
IP13.........................  Transportation by vessel in IBCs is
                                prohibited.
IP14.........................  Air must be eliminated from the vapor
                                space by nitrogen or other means.
IP15.........................  For UN2031 with more than 55% nitric
                                acid, rigid plastic IBCs and composite
                                IBCs with a rigid plastic inner
                                receptacle are authorized for two years
                                from the date of IBC manufacture.
IP16.........................  IBCs of type 31A and 31N are only
                                authorized if approved by the Associate
                                Administrator.
IP19.........................  For UN identification numbers 3531, 3532,
                                3533, and 3534, IBCs must be designed
                                and constructed to permit the release of
                                gas or vapor to prevent a build-up of
                                pressure that could rupture the IBCs in
                                the event of loss of stabilization.
IP20.........................  Dry sodium cyanide or potassium cyanide
                                is also permitted in siftproof, water-
                                resistant, fiberboard IBCs when
                                transported in closed freight containers
                                or transport vehicles.
IP21.........................  When transported by vessel, flexible,
                                fiberboard or wooden IBCs must be sift-
                                proof and water-resistant or be fitted
                                with a sift-proof and water-resistant
                                liner.
------------------------------------------------------------------------

* * * * *
    (5) * * *
    N90 Metal packagings are not authorized. Packagings of other
material with a small amount of metal, for example metal closures or
other metal fittings such as those mentioned in part 178 of this
subchapter, are not considered metal packagings. Packagings of other
material constructed with a small amount of metal must be designed such
that the hazardous material does not contact the metal.
* * * * *
    N92 Notwithstanding the provisions of Sec.  173.24(g) of this
subchapter, packagings shall be designed and constructed to permit the
release of gas or vapor to prevent a build-up of pressure that could
rupture the packagings in the event of loss of stabilization.
* * * * *
    (9) * * *
    W31 Non-bulk packagings must be hermetically sealed.
    W32 Non-bulk packagings shall be hermetically sealed, except for
solid fused material.
    W40 Non-bulk bags are not allowed.
* * * * *
    W100 Non-bulk flexible, fibreboard or wooden packagings must be
sift-proof and water-resistant or must be fitted with a sift-proof and
water-resistant liner.

0
14. Section 172.202(a)(6)(viii) is added to read as follows:

Sec.  172.202  Description of hazardous material on shipping papers.

    (a) * * *
    (6) * * *
    (viii) For authorized consumer commodities, the information
provided may be either the gross mass of each package or the average
gross mass of the packages.
* * * * *

0
15. In Sec.  172.407, paragraphs (c)(1)(i) and (iii) are revised to
read as follows:

Sec.  172.407  Label specifications.

* * * * *
    (c) * * *
    (1) * * *
    (i) If the size of the package so requires, the dimensions of the
label and its features may be reduced proportionally provided the
symbol and other elements of the label remain clearly visible.
* * * * *
    (iii) Transitional exception. For domestic transportation, a label
in conformance with the requirements of 49 CFR 172.407(c)(1) (revised
as of October 1, 2014), may continue to be used until December 31,
2018.
* * * * *

0
16. Section 172.447 is added to read as follows:

Sec.  172.447  LITHIUM BATTERY label.

    (a) Except for size and color, the LITHIUM BATTERY label must be as
follows:
BILLING CODE 4910-60-P

[GRAPHIC] [TIFF OMITTED] TR30MR17.032

BILLING CODE 4910-60-C

    (b) In addition to complying with Sec.  172.407, the background on
the LITHIUM BATTERY label must be white with seven black vertical
stripes on the top half. The black vertical stripes must be spaced, so
that, visually, they appear equal in width to the six white spaces
between them. The lower half of the label must be white with the symbol
(battery group, one broken and emitting flame) and class number ``9''
underlined and centered at the bottom in black.
    (c) Labels conforming to requirements in place on December 31, 2016
may continue to be used until December 31, 2018.

0
17. In Sec.  172.505, paragraph (b) is revised to read as follows:

Sec.  172.505  Placarding for subsidiary hazards.

* * * * *
    (b) In addition to the RADIOACTIVE placard which may be required by
Sec.  172.504(e), each transport vehicle, portable tank or freight
container that contains 454 kg (1,001 pounds) or more gross weight of
non-fissile, fissile-excepted, or fissile uranium hexafluoride must be
placarded with a CORROSIVE placard and a POISON placard on each side
and each end.
* * * * *

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

0
18. 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
19. In Sec.  173.4a, paragraph (e)(3) is revised to read as follows:

Sec.  173.4a  Excepted quantities.

* * * * *
    (e) * * *
    (3) Each inner packaging must be securely packed in an intermediate
packaging with cushioning material in such a way that, under normal
conditions of transport, it cannot break, be punctured or leak its
contents. The completed package as prepared for transport must
completely contain the contents in case of breakage or leakage,
regardless of package orientation. For liquid hazardous materials, the
intermediate or outer packaging must contain sufficient absorbent
material that:
    (i) Will absorb the entire contents of the inner packaging.
    (ii) Will not react dangerously with the material or reduce the
integrity or function of the packaging materials.
    (iii) When placed in the intermediate packaging, the absorbent
material may be the cushioning material.
* * * * *

0
20. In Sec.  173.9, paragraph (e) is revised to read as follows:

Sec.  173.9  Transport vehicles or freight containers containing lading
which has been fumigated.

* * * * *
    (e) FUMIGANT marking. (1) The FUMIGANT marking must consist of
black letters on a white background that is a rectangle at least 400 mm
(15.75 inches) wide and at least 300 mm (11.8 inches) high as measured
to the outside of the lines forming the border of the marking. The
minimum width of the line forming the border must be 2 mm and the text
on the marking must not be less than 25 mm high. Except for size and
color, the FUMIGANT marking must be as shown in the following figure.
Where dimensions are not specified, all features shall be in
approximate proportion to those shown.
    (i) The marking, and all required information, must be capable of
withstanding, without deterioration or a substantial reduction in
effectiveness, a 30-day exposure to open weather conditions.
    (ii) [Reserved]
BILLING CODE 4910-60-P

[GRAPHIC] [TIFF OMITTED] TR30MR17.033

BILLING CODE 4910-60-C

    (2) The ``*'' shall be replaced with the technical name of the
fumigant.
* * * * *

0
21. In Sec.  173.21, paragraphs (f) introductory text and (f)(1) are
revised to read as follows:

Sec.  173.21  Forbidden materials and packages.

* * * * *
    (f) A package containing a material which is likely to decompose
with a self-accelerated decomposition temperature (SADT) or polymerize
with a self-accelerated polymerization temperature (SAPT) of 50 [deg]C
(122[emsp14][deg]F) or less, with an evolution of a dangerous quantity
of heat or gas when decomposing or polymerizing, unless the material is
stabilized or inhibited in a manner to preclude such evolution. The
SADT and SAPT may be determined by any of the test methods described in
Part II of the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of
this subchapter).
    (1) A package meeting the criteria of paragraph (f) of this section
may be required to be shipped under controlled temperature conditions.
The control temperature and emergency temperature for a package shall
be as specified in the table in this paragraph (f)(1) based upon the
SADT or SAPT of the material. The control temperature is the
temperature above which a package of the material may not be offered
for transportation or transported. The emergency temperature is the
temperature at which, due to imminent danger, emergency measures must
be initiated.

  Sec.   173.21 Table--Derivation of Control and Emergency Temperature
------------------------------------------------------------------------
                                        Control            Emergency
          SADT/SAPT \1\              temperatures         temperature
------------------------------------------------------------------------
SADT/SAPT <=20 [deg]C (68         20 [deg]C (36       10 [deg]C (18
 [deg]F).                          [deg]F) below       [deg]F) below
                                   SADT/SAPT.          SADT/SAPT.
20 [deg]C (68 [deg]F) SADT/SAPT   15 [deg]C (27       10 [deg]C (18
 <=35 [deg]C (95 [deg]F).          [deg]F) below       [deg]F) below
                                   SADT/SAPT.          SADT/SAPT.
35 [deg]C (95 [deg]F) SADT/SAPT   10 [deg]C (18       5 [deg]C (9
 <=50 [deg]C (122 [deg]F).         [deg]F) below       [deg]F) below
                                   SADT/SAPT.          SADT/SAPT.

50 [deg]C (122 [deg]F) SADT/SAPT  (\2\).............  (\2\)
------------------------------------------------------------------------
\1\ Self-accelerating decomposition temperature or Self-accelerating
  polymerization temperature.
\2\ Temperature control not required.

    (i) The provisions concerning polymerizing substances in paragraph
(f) will be effective until January 2, 2019.
    (ii) [Reserved]
* * * * *

0
22. Effective January 2, 2019, in Sec.  173.21, paragraphs (f)
introductory text and (f)(1) are revised to read as follows:

Sec.  173.21  Forbidden materials and packages.

* * * * *
    (f) A package containing a material which is likely to decompose
with a self-accelerated decomposition temperature (SADT) of 50 [deg]C
(122[emsp14][deg]F) or less, or polymerize at a temperature of 54
[deg]C (130[emsp14][deg]F) or less with an evolution of a dangerous
quantity of heat or gas when decomposing or polymerizing, unless the
material is stabilized or inhibited in a manner to preclude such
evolution. The SADT may be determined by any of the test methods
described in Part II of the UN Manual of Tests and Criteria (IBR, see
Sec.  171.7 of this subchapter).
    (1) A package meeting the criteria of paragraph (f) of this section
may be required to be shipped under controlled temperature conditions.
The control temperature and emergency temperature for a package shall
be as specified in the table in this paragraph based upon the SADT of
the material. The control temperature is the temperature above which a
package of the material may not be offered for transportation or
transported. The emergency temperature is the temperature at which, due
to imminent danger, emergency measures must be initiated.

    Sec.   173.21 Table--Method of Determining Control and Emergency
                               Temperature
------------------------------------------------------------------------
                                        Control            Emergency
            SADT \1\                 temperatures         temperature
------------------------------------------------------------------------
SADT <=20 [deg]C (68 [deg]F)....  20 [deg]C (36       10 [deg]C (18
                                   [deg]F) below       [deg]F) below
                                   SADT.               SADT.
20 [deg]C (68 [deg]F) SADT <=35   15 [deg]C (27       10 [deg]C (18
 [deg]C (95 [deg]F).               [deg]F) below       [deg]F) below
                                   SADT.               SADT.
35 [deg]C (95 [deg]F) SADT <=50   10 [deg]C (18       5 [deg]C (9
 [deg]C (122 [deg]F).              [deg]F) below       [deg]F) below
                                   SADT.               SADT.
50 [deg]C (122 [deg]F) SADT.....  (\2\).............  (\2\)
------------------------------------------------------------------------
\1\ Self-accelerating decomposition temperature.
\2\ Temperature control not required.

* * * * *

0
23. In Sec.  173.40, paragraph (a)(1) is revised to read as follows:

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

* * * * *
    (a) * * *
    (1) A cylinder must conform to a DOT specification or UN standard
prescribed in subpart C of part 178 of this subchapter, or a TC, CTC,
CRC, or BTC cylinder authorized in Sec.  171.12 of this subchapter,
except that acetylene cylinders and non-refillable cylinders are not
authorized. The use of UN tubes and MEGCs is prohibited for Hazard Zone
A materials.
* * * * *

0
24. In Sec.  173.50, paragraph (b)(6) is revised to read as follows:

Sec.  173.50  Class 1--Definitions.

* * * * *
    (b) * * *
    (6) Division 1.6 \2\ consists of extremely insensitive articles
that do not have a mass explosion hazard. This division is comprised of
articles which predominately contain extremely insensitive substances
and that demonstrate a negligible probability of accidental initiation
or propagation.
    \2\ The risk from articles of Division 1.6 is limited to the
explosion of a single article.

0
25. In Sec.  173.52, in paragraph (b), in Table 1, remove the entry
``Articles containing only extremely insensitive substances'' and add
the entry ``Articles predominantly containing extremely insensitive
substances'' in its place to read as follows:

Sec.  173.52  Classification codes and compatibility groups of
explosives.

    (b) * * *

                      Table 1--Classification Codes
------------------------------------------------------------------------
 Description of substances or article    Compatibility    Classification
           to be classified                  group             code
------------------------------------------------------------------------

                              * * * * * * *
Articles predominantly containing                    N             1.6N
 extremely insensitive substances.....

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

* * * * *

0
26. In Sec.  173.62:
0
a. In paragraph (b), in the Explosives Table, the entry for UN0510 is
added after UN0509; and
0
b. In paragraph (c), in the Table of Packing Methods, Packing
Instructions 112(c), 114(b), 130, and 137 are revised.

    The addition and revisions read as follows:

Sec.  173.62  Specific packaging requirements for explosives.

* * * * *
    (b) * * *

                            Explosives Table
------------------------------------------------------------------------
                          ID #                                  PI
------------------------------------------------------------------------

                                * * * * *
UN0510.................................................             130

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

    (c) * * *

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

                                                  * * * * * * *
112(c) This packing instruction        Bags...................  Bags...................  Boxes.
 applies to solid dry powders.
PARTICULAR PACKING REQUIREMENTS OR
 EXCEPTIONS:
    1. For UN 0004, 0076, 0078, 0154,  paper, multiwall, water  paper, multiwall, water  steel (4A). aluminum
     0216, 0219 and 0386, packagings    resistant plastics,      resistant with inner     (4B). other metal
     must be lead free.                 woven plastics,          lining, plastics,        (4N). natural wood,
    2. For UN0209, bags, sift-proof     Receptacles,             Receptacles, metal,      ordinary (4C1).
     (5H2) are recommended for flake    fiberboard, metal,       plastics, wood.          natural wood, sift
     or prilled TNT in the dry state.   plastics, wood.                                   proof (4C2). plywood
     Bags must not exceed a maximum                                                       (4D). reconstituted
     net mass of 30 kg..                                                                  wood (4F). fiberboard
    3. Inner packagings are not                                                           (4G). plastics, solid
     required if drums are used as                                                        (4H2). Drums. plastics
     the outer packaging..                                                                (1H1 or 1H2). steel
                                                                                (1A1 or 1A2). aluminum
                                                                                (1B1 or 1B2). other
                                                                                metal (1N1 or 1N2).
                                                                                plywood (1D). fiber
                                                                                (1G).
    4. At least one of the packagings
     must be sift-proof.
    5. For UN 0504, metal packagings
     must not be used. Packagings of
     other material with a small
     amount of metal, for example
     metal closures or other metal
     fittings such as those mentioned
     in part 178 of this subchapter,
     are not considered metal
     packagings.

                                                  * * * * * * *
114(b)...............................  Bags...................  Not necessary..........  Boxes.
PARTICULAR PACKING REQUIREMENTS OR
 EXCEPTIONS:
    1. For UN Nos. 0077, 0132, 0234,   paper, kraft, plastics,  .......................  natural wood, ordinary
     0235 and 0236, packagings must     textile, sift-proof,                              (4C1). natural wood,
     be lead free.                      woven plastics, sift-                             sift-proof walls
    2. For UN0160 and UN0161, when      proof, Receptacles,                               (4C2). plywood (4D).
     metal drums (1A2, 1B2 or 1N2)      fiberboard, metal,                                reconstituted wood
     are used as the outer packaging,   paper, plastics, wood,                            (4F). fiberboard (4G).
     metal packagings must be so        plastics, sift-proof.                             Drums. steel (1A1 or
     constructed that the risk of                                                         1A2). aluminum (1B1 or
     explosion, by reason of                                                              1B2). other metal (1N1
     increased internal pressure from                                                     or 1N2). plywood (1D).
     internal or external causes, is                                                      fiber (1G). plastics
     prevented..                                                                          (1H1 or 1H2).
    3. For UN0160, UN0161, and
     UN0508, inner packagings are not
     necessary if drums are used as
     the outer packaging.
    4. For UN0508 and UN0509, metal
     packagings must not be used.
     Packagings of other material
     with a small amount of metal,
     for example metal closures or
     other metal fittings such as
     those mentioned in part 178 of
     this subchapter, are not
     considered metal packagings.

                                                  * * * * * * *
130..................................  Not necessary..........  Not necessary..........  Boxes.
Particular Packaging Requirements:

    1. The following applies to UN     .......................  .......................  Steel (4A). Aluminum
     0006, 0009, 0010, 0015, 0016,                                                        (4B). Other metal
     0018, 0019, 0034, 0035, 0038,                                                        (4N). Wood natural,
     0039, 0048, 0056, 0137, 0138,                                                        ordinary (4C1). Wood
     0168, 0169, 0171, 0181, 0182,                                                        natural, sift-proof
     0183, 0186, 0221, 0238, 0243,                                                        walls 4C2). Plywood
     0244, 0245, 0246, 0254, 0280,                                                        (4D). Reconstituted
     0281, 0286, 0287, 0297, 0299,                                                        wood (4F). Fiberboard
     0300, 0301, 0303, 0321, 0328,                                                        (4G). Plastics,
     0329, 0344, 0345, 0346, 0347,                                                        expanded (4H1).
     0362, 0363, 0370, 0412, 0424,                                                        Plastics, solid (4H2).
     0425, 0434, 0435, 0436, 0437,                                                        Drums. Steel (1A1 or
     0438, 0451, 0459, 0488, 0502 and                                                     1A2). Aluminum (1B1 or
     0510. Large and robust                                                               1B2). Other metal (1N1
     explosives articles, normally                                                        or 1N2). Plywood (1D).
     intended for military use,                                                           Fiber (1G). Plastics
     without their means of                                                               (1H1 or 1H2). Large
     initiation or with their means                                                       Packagings. Steel
     of initiation containing at                                                          (50A). Aluminum (50B).
     least two effective protective                                                       Metal other than steel
     features, may be carried                                                             or aluminum (50N).
     unpackaged. When such articles                                                       Rigid lastics (50H).
     have propelling charges or are                                                       Natural wood (50C).
     self-propelled, their ignition                                                       Plywood (50D).
     systems must be protected                                                            Reconstituted wood
     against stimuli encountered                                                          (50F). Rigid
     during normal conditions of                                                          fiberboard (50G).
     transport. A negative result in
     Test Series 4 on an unpackaged
     article indicates that the
     article can be considered for
     transport unpackaged. Such
     unpackaged articles may be fixed
     to cradles or contained in
     crates or other suitable
     handling devices.
    2. Subject to approval by the
     Associate Administrator, large
     explosive articles, as part of
     their operational safety and
     suitability tests, subjected to
     testing that meets the
     intentions of Test Series 4 of
     the UN Manual of Tests and
     Criteria with successful test
     results, may be offered for
     transportation in accordance
     with the requirements of this
     subchapter.

                                                  * * * * * * *
137..................................  Bags...................  Not necessary..........  Boxes.
PARTICULAR PACKING REQUIREMENTS OR
 EXCEPTIONS:
    For UN 0059, 0439, 0440 and 0441,  plastics, Boxes,         .......................  steel (4A). aluminum
     when the shaped charges are        fiberboard, wood,                                 (4B). other metal
     packed singly, the conical         Tubes, fiberboard,                                (4N). wood, natural,
     cavity must face downwards and     metal, plastics,                                  ordinary (4C1). wood,
     the package marked with            Dividing partitions in                            natural, sift proof
     orientation markings meeting the   the outer packagings.                             walls (4C2). plastics,
     requirements of Sec.                                                                 solid (4H2). plywood
     172.312(a)(2) of this                                                                (4D). reconstituted
     subchapter. When the shaped                                                          wood (4F). fiberboard
     charges are packed in pairs, the                                                     (4G). Drums. steel
     conical cavities must face                                                           (1A1 or 1A2).aluminum
     inwards to minimize the jetting                                                      (1B1 or 1B2). other
     effect in the event of                                                               metal (1N1 or 1N2).
     accidental initiation.                                                               plywood (1D). fiber
                                                                                (1G). plastics (1H1 or
                                                                                1H2).

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

0
27. In Sec.  173.121, paragraph (b)(1)(iv) is revised to read as
follows:

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

* * * * *
    (b) * * *
    (1) * * *
    (iv) The viscosity \1\ and flash point are in accordance with the
following table:
---------------------------------------------------------------------------

    \1\ Viscosity determination: Where the substance concerned is
non-Newtonian, or where a flow-cup method of viscosity determination
is otherwise unsuitable, a variable shear-rate viscometer shall be
used to determine the dynamic viscosity coefficient of the
substance, at 23 [deg]C (73.4[emsp14][deg]F), at a number of shear
rates. The values obtained are plotted against shear rate and then
extrapolated to zero shear rate. The dynamic viscosity thus
obtained, divided by the density, gives the apparent kinematic
viscosity at near-zero shear rate.

----------------------------------------------------------------------------------------------------------------
 Kinematic viscosity  (extrapolated)  n
 (at near-zero  shear rate) mm2/s  at 23    Flow-time t in  seconds    Jet diameter        Flash point c.c.
          [deg]C (73.4 [deg]F)                                             in mm
----------------------------------------------------------------------------------------------------------------
20 < [nu] <= 80.........................  20 < t <= 60..............               4  above 17 [deg]C (62.6
                                                                                [deg]F).
80 < n <= 135...........................  60 < t <= 100.............               4  above 10 [deg]C (50
                                                                                [deg]F).
135 < n <= 220..........................  20 < t <= 32..............               6  above 5 [deg]C (41
                                                                                [deg]F).
220 < n <= 300..........................  32 < t <= 44..............               6  above -1 [deg]C (31.2
                                                                                [deg]F).
300 < n <= 700..........................  44 < t <= 100.............               6  above -5 [deg]C (23
                                                                                [deg]F).
700 < n.................................  100 < t...................               6  No limit.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
28. Section 173.124 is revised to read as follows:

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

    (a) Division 4.1 (Flammable Solid). For the purposes of this
subchapter, flammable solid (Division 4.1) means any of the following
four types of materials:
    (1) Desensitized explosives that--
    (i) When dry are Explosives of Class 1 other than those of
compatibility group A, which are wetted with sufficient water, alcohol,
or plasticizer to suppress explosive properties; and
    (ii) Are specifically authorized by name either in the Hazardous
Materials Table in Sec.  172.101 of this subchapter or have been
assigned a shipping name and hazard class by the Associate
Administrator under the provisions of--
    (A) A special permit issued under subchapter A of this chapter; or
    (B) An approval issued under Sec.  173.56(i).
    (2)(i) Self-reactive materials that are thermally unstable and can
undergo an exothermic decomposition even without participation of
oxygen (air). A material is excluded from this definition if any of the
following applies:
    (A) The material meets the definition of an explosive as prescribed
in subpart C of this part, in which case it must be classed as an
explosive;
    (B) The material is forbidden from being offered for transportation
according to Sec.  172.101 of this subchapter or Sec.  173.21;
    (C) The material meets the definition of an oxidizer or organic
peroxide as prescribed in this subpart, in which case it must be so
classed;
    (D) The material meets one of the following conditions:
    (1) Its heat of decomposition is less than 300 J/g; or
    (2) Its self-accelerating decomposition temperature (SADT) is
greater than 75 [deg]C (167[emsp14][deg]F) for a 50 kg package; or
    (3) It is an oxidizing substance in Division 5.1 containing less
than 5.0% combustible organic substances; or
    (E) The Associate Administrator has determined that the material
does not present a hazard which is associated with a Division 4.1
material.
    (ii) Generic types. Division 4.1 self-reactive materials are
assigned to a generic system consisting of seven types. A self-reactive
substance identified by technical name in the Self-Reactive Materials
Table in Sec.  173.224 is assigned to a generic type in accordance with
that table. Self-reactive materials not identified in the Self-Reactive
Materials Table in Sec.  173.224 are assigned to generic types under
the procedures of paragraph (a)(2)(iii) of this section.
    (A) Type A. Self-reactive material type A is a self-reactive
material which, as packaged for transportation, can detonate or
deflagrate rapidly. Transportation of type A self-reactive material is
forbidden.
    (B) Type B. Self-reactive material type B is a self-reactive
material which, as packaged for transportation, neither detonates nor
deflagrates rapidly, but is liable to undergo a thermal explosion in a
package.
    (C) Type C. Self-reactive material type C is a self-reactive
material which, as packaged for transportation, neither detonates nor
deflagrates rapidly and cannot undergo a thermal explosion.
    (D) Type D. Self-reactive material type D is a self-reactive
material which--
    (1) Detonates partially, does not deflagrate rapidly and shows no
violent effect when heated under confinement;
    (2) Does not detonate at all, deflagrates slowly and shows no
violent effect when heated under confinement; or
    (3) Does not detonate or deflagrate at all and shows a medium
effect when heated under confinement.
    (E) Type E. Self-reactive material type E is a self-reactive
material which, in laboratory testing, neither detonates nor
deflagrates at all and shows only a low or no effect when heated under
confinement.
    (F) Type F. Self-reactive material type F is a self-reactive
material which, in laboratory testing, neither detonates in the
cavitated state nor deflagrates at all and shows only a low or no
effect when heated under confinement as well as low or no explosive
power.
    (G) Type G. Self-reactive material type G is a self-reactive
material which, in laboratory testing, does not detonate in the
cavitated state, will not deflagrate at all, shows no effect when
heated under confinement, nor shows any explosive power. A type G self-
reactive material is not subject to the requirements of this subchapter
for self-reactive material of Division 4.1 provided that it is
thermally stable (self-accelerating decomposition temperature is 50
[deg]C (122[emsp14][deg]F) or higher for a 50 kg (110 pounds) package).
A self-reactive material meeting all characteristics of type G except
thermal stability is classed as a type F self-reactive, temperature
control material.
    (iii) Procedures for assigning a self-reactive material to a
generic type. A self-reactive material must be assigned to a generic
type based on--
    (A) Its physical state (i.e. liquid or solid), in accordance with
the definition of liquid and solid in Sec.  171.8 of this subchapter;
    (B) A determination as to its control temperature and emergency
temperature, if any, under the provisions of Sec.  173.21(f);
    (C) Performance of the self-reactive material under the test
procedures specified in the UN Manual of Tests and Criteria (IBR, see
Sec.  171.7 of this subchapter) and the provisions of paragraph
(a)(2)(iii) of this section; and
    (D) Except for a self-reactive material which is identified by
technical name in the Self-Reactive Materials Table in Sec.  173.224(b)
or a self-reactive material which may be shipped as a sample under the
provisions of Sec.  173.224, the self-reactive material is approved in
writing by the Associate Administrator. The person requesting approval
shall submit to the Associate Administrator the tentative shipping
description and generic type and--
    (1) All relevant data concerning physical state, temperature
controls, and tests results; or
    (2) An approval issued for the self-reactive material by the
competent authority of a foreign government.
    (iv) Tests. The generic type for a self-reactive material must be
determined using the testing protocol from Figure 20.1 (a) and (b)
(Flow Chart Scheme for Self-Reactive Substances and Organic Peroxides)
from the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this
subchapter).
    (3) Readily combustible solids are materials that--
    (i) Are solids which may cause a fire through friction, such as
matches;
    (ii) Show a burning rate faster than 2.2 mm (0.087 inches) per
second when tested in accordance with the UN Manual of Tests and
Criteria (IBR, see Sec.  171.7 of this subchapter); or
    (iii) Any metal powders that can be ignited and react over the
whole length of a sample in 10 minutes or less, when tested in
accordance with the UN Manual of Tests and Criteria.
    (4) Polymerizing materials are materials which, without
stabilization, are liable to undergo an exothermic reaction resulting
in the formation of larger molecules or resulting in the formation of
polymers under conditions normally encountered in transport. Such
materials are considered to be polymerizing substances of Division 4.1
when:
    (i) Their self-accelerating polymerization temperature (SAPT) is 75
[deg]C (167[emsp14][deg]F) or less under the conditions (with or
without chemical stabilization) as offered for transport in the
packaging, IBC or portable tank in which the material or mixture is to
be

transported. An appropriate IBC or portable tank for a polymerizing
material must be determined using the heating under confinement testing
protocol from boxes 7, 8, 9, and 13 of Figure 20.1 (a) and (b) (Flow
Chart Scheme for Self-Reactive Substances and Organic Peroxides) from
the UN Manual of Tests and Criteria (IBR, see Sec.  171.7 of this
subchapter) by successfully passing the UN Test Series E at the
``None'' or ``Low'' level, or by an equivalent test method with the
approval of the Associate Administrator;
    (ii) They exhibit a heat of reaction of more than 300 J/g; and
    (iii) Do not meet the definition of hazard classes 1-8 (including
combustible liquids).
    (iv) The provisions concerning polymerizing substances in paragraph
(a)(4) will be effective until January 2, 2019.
    (b) Division 4.2 (Spontaneously Combustible Material). For the
purposes of this subchapter, spontaneously combustible material
(Division 4.2) means--
    (1) A pyrophoric material. A pyrophoric material is a liquid or
solid that, even in small quantities and without an external ignition
source, can ignite within five (5) minutes after coming in contact with
air when tested according to UN Manual of Tests and Criteria.
    (2) Self-heating material. A self-heating material is a material
that through a process where the gradual reaction of that substance
with oxygen (in air) generates heat. If the rate of heat production
exceeds the rate of heat loss, then the temperature of the substance
will rise which, after an induction time, may lead to self-ignition and
combustion. A material of this type which exhibits spontaneous ignition
or if the temperature of the sample exceeds 200 [deg]C
(392[emsp14][deg]F) during the 24-hour test period when tested in
accordance with UN Manual of Tests and Criteria (IBR; see Sec.  171.7
of this subchapter), is classed as a Division 4.2 material.
    (c) Division 4.3 (Dangerous when wet material). For the purposes of
this chapter, dangerous when wet material (Division 4.3) means a
material that, by contact with water, is liable to become spontaneously
flammable or to give off flammable or toxic gas at a rate greater than
1 L per kilogram of the material, per hour, when tested in accordance
with UN Manual of Tests and Criteria.

0
29. Section 173.165 is revised to read as follows:

Sec.  173.165  Polyester resin kits.

    (a) General requirements. Polyester resin kits consisting of a base
material component (Class 3, Packing Group II or III) or (Division 4.1,
Packing Group II or III) and an activator component (Type D, E, or F
organic peroxide that does not require temperature control)--
    (1) The organic peroxide component must be packed in inner
packagings not over 125 mL (4.22 fluid ounces) net capacity each for
liquids or 500 g (17.64 ounces) net capacity each for solids.
    (2) Except for transportation by aircraft, the flammable liquid
component must be packaged in suitable inner packagings.
    (i) For transportation by aircraft, a Class 3 Packing Group II base
material is limited to a quantity of 5 L (1.3 gallons) in metal or
plastic inner packagings and 1 L (0.3 gallons) in glass inner
packagings. A Class 3 Packing Group III base material is limited to a
quantity of 10 L (2.6 gallons) in metal or plastic inner packagings and
2.5 L (0.66 gallons) in glass inner packagings.
    (ii) For transportation by aircraft, a Division 4.1 Packing Group
II base material is limited to a quantity of 5 kg (11 pounds) in metal
or plastic inner packagings and 1 kg (2.2 pounds) in glass inner
packagings. A Division 4.1 Packing Group III base material is limited
to a quantity of 10 kg (22 lbs) in metal or plastic inner packagings
and 2.5 kg (5.5 pounds) in glass inner packagings.
    (3) If the flammable liquid or solid component and the organic
peroxide component will not interact dangerously in the event of
leakage, they may be packed in the same outer packaging.
    (4) The Packing Group assigned will be II or III, according to the
criteria for Class 3, or Division 4.1, as appropriate, applied to the
base material. Additionally, polyester resin kits must be packaged in
specification combination packagings, based on the performance level
required of the base material (II or III) contained within the kit, as
prescribed in Sec.  173.202, 173.203, 173.212, or 173.213, as
appropriate.
    (5) For transportation by aircraft, the following additional
requirements apply:
    (i) Closures on inner packagings containing liquids must be secured
by secondary means;
    (ii) Inner packagings containing liquids must be capable of meeting
the pressure differential requirements prescribed in Sec.  173.27(c);
and
    (iii) The total quantity of activator and base material may not
exceed 5 kg (11 lbs) per package for a Packing Group II base material.
The total quantity of activator and base material may not exceed 10 kg
(22 lbs) per package for a Packing Group III base material. The total
quantity of polyester resin kits per package is calculated on a one-to-
one basis (i.e., 1 L equals 1 kg).
    (b) Small and excepted quantities. Polyester resin kits are
eligible for the Small Quantity exceptions in Sec.  173.4 and the
Excepted Quantity exceptions in Sec.  173.4a, as applicable.
    (c) Limited quantities. Limited quantity packages of polyester
resin kits are excepted from labeling requirements, unless the material
is offered for transportation or transported by aircraft, and are
excepted from the specification packaging requirements of this
subchapter when packaged in combination packagings according to this
paragraph (c). For transportation by aircraft, only hazardous material
authorized aboard passenger-carrying aircraft may be transported as a
limited quantity. A limited quantity package that conforms to the
provisions of this section is not subject to the shipping paper
requirements of subpart C of part 172 of this subchapter, unless the
material meets the definition of a hazardous substance, hazardous
waste, marine pollutant, or is offered for transportation and
transported by aircraft or vessel, and is eligible for the exceptions
provided in Sec.  173.156. In addition, shipments of limited quantities
are not subject to subpart F (Placarding) of part 172 of this
subchapter. Each package must conform to the general packaging
requirements of subpart B of this part and may not exceed 30 kg (66
pounds) gross weight.
    (1) Except for transportation by aircraft, the organic peroxide
component must be packed in inner packagings not over 125 mL (4.22
fluid ounces) net capacity each for liquids or 500 g (17.64 ounces) net
capacity each for solids. For transportation by aircraft, the organic
peroxide component must be packed in inner packagings not over 30 mL (1
fluid ounce) net capacity each for liquids or 100 g (3.5 ounces) net
capacity each for solids.
    (2) Except for transportation by aircraft, the flammable liquid
component must be packed in inner packagings not over 5 L (1.3 gallons)
net capacity each for a Packing Group II and Packing Group III liquid.
For transportation by aircraft, the flammable liquid component must be
packed in inner packagings not over 1 L (0.3 gallons) net capacity each
for a Packing Group II material. For transportation by aircraft, the
flammable liquid component must be packed in metal or plastic inner
packagings not over 5.0 L (1.3 gallons) net capacity each or glass
inner packagings not over 2.5 L (0.66 gallons) net capacity each for a
Packing Group III material.

    (3) Except for transportation by aircraft, the flammable solid
component must be packed in inner packagings not over 5 kg (11 pounds)
net capacity each for a Packing Group II and Packing Group III solid.
For transportation by aircraft, the flammable solid component must be
packed in inner packagings not over 1 kg (2.2 pounds) net capacity each
for a Packing Group II material. For transportation by aircraft, the
flammable solid component must be packed in metal or plastic inner
packagings not over 5.0 kg (11 pounds) net capacity each or glass inner
packagings not over 2.5 kg (5.5 pounds) net capacity each for a Packing
Group III material.
    (4) If the flammable liquid or solid component and the organic
peroxide component will not interact dangerously in the event of
leakage, they may be packed in the same outer packaging.
    (5) For transportation by aircraft, the following additional
requirements apply:
    (i) Closures on inner packagings containing liquids must be secured
by secondary means as prescribed in Sec.  173.27(d);
    (ii) Inner packagings containing liquids must be capable of meeting
the pressure differential requirements prescribed in Sec.  173.27(c);
and
    (iii) The total quantity of activator and base material may not
exceed 1 kg (2.2 pounds) per package for a Packing Group II base
material. The total quantity of activator and base material may not
exceed 5 kg (11 pounds) per package for a Packing Group III base
material. The total quantity of polyester resin kits per package is
calculated on a one-to-one basis (i.e., 1 L equals 1 kg);
    (iv) Fragile inner packagings must be packaged to prevent failure
under conditions normally incident to transport. Packages of consumer
commodities must be capable of withstanding a 1.2 m drop on solid
concrete in the position most likely to cause damage; and
    (v) Stack test capability. Packages of consumer commodities must be
capable of withstanding, without failure or leakage of any inner
packaging and without any significant reduction in effectiveness, a
force applied to the top surface for a duration of 24 hours equivalent
to the total weight of identical packages if stacked to a height of 3.0
m (including the test sample).
    (d) Consumer commodities. Until December 31, 2020, a limited
quantity package of polyester resin kits that are also consumer
commodities as defined in Sec.  171.8 of this subchapter may be renamed
``Consumer commodity'' and reclassed as ORM-D or, until December 31,
2012, as ORM-D-AIR material and offered for transportation and
transported in accordance with the applicable provisions of 49 CFR
subchapter C (revised as of October 1, 2010).

0
30. In Sec.  173.185, the introductory text and paragraphs (c)(2) and
(3), (c)(4)(ii), (e), and (f)(4) are revised to read as follows:

Sec.  173.185  Lithium cells and batteries.

    As used in this section, lithium cell(s) or battery(ies) includes
both lithium metal and lithium ion chemistries. Equipment means the
device or apparatus for which the lithium cells or batteries will
provide electrical power for its operation. Consignment means one or
more packages of hazardous materials accepted by an operator from one
shipper at one time and at one address, receipted for in one lot and
moving to one consignee at one destination address.
* * * * *
    (c) * * *
    (2) Packaging. Each package must be rigid unless the cell or
battery is contained in equipment and is afforded equivalent protection
by the equipment in which it is contained. Except when lithium cells or
batteries are contained in equipment, each package of lithium cells or
batteries, or the completed package when packed with equipment must be
capable of withstanding a 1.2 meter drop test, in any orientation,
without damage to the cells or batteries contained in the package,
without shifting of the contents that would allow battery-to-battery
(or cell-to-cell) contact, and without release of the contents of the
package.
    (3) Hazard communication. Each package must display the lithium
battery mark except when a package contains button cell batteries
installed in equipment (including circuit boards), or no more than four
lithium cells or two lithium batteries contained in equipment, where
there are not more than two packages in the consignment.
    (i) The mark must indicate the UN number, `UN3090' for lithium
metal cells or batteries or `UN 3480' for lithium ion cells or
batteries. Where the lithium cells or batteries are contained in, or
packed with, equipment, the UN number `UN3091' or `UN 3481' as
appropriate must be indicated. Where a package contains lithium cells
or batteries assigned to different UN numbers, all applicable UN
numbers must be indicated on one or more marks. The package must be of
such size that there is adequate space to affix the mark on one side
without the mark being folded.
[GRAPHIC] [TIFF OMITTED] TR30MR17.034

    (A) The mark must be in the form of a rectangle with hatched
edging. The mark must be not less than 120 mm (4.7 inches) wide by 110
mm (4.3 inches) high and the minimum width of the hatching must be 5 mm
(0.2 inches) except markings of 105 mm (4.1 inches) wide by 74 mm (2.9
inches) high may be used on a package containing lithium batteries when
the package is too small for the larger mark;
    (B) The symbols and letters must be black on white or suitable
contrasting background and the hatching must be red;
    (C) The ``*'' must be replaced by the appropriate UN number(s) and
the ``**'' must be replaced by a telephone number for additional
information; and
    (D) Where dimensions are not specified, all features shall be in
approximate proportion to those shown.
    (ii) For transportation by highway, rail or vessel, the provisions
in 49 CFR 173.185(c)(3) (revised as of October 1, 2016) for marking
packages, including the exceptions from marking, may continue to be
used until December 31, 2018. For transportation by aircraft, the
provisions for the lithium battery handling marking in 49 CFR
173.185(c)(3)(ii) (revised as of October 1, 2016) may continue to be
used until December 31, 2018.
* * * * *
    (4) * * *
    (ii) When packages required to bear the lithium battery mark in
paragraph (c)(3)(i) are placed in an overpack, the lithium battery mark
must either be clearly visible through the overpack, or the handling
mark must also be affixed on the outside of the overpack, and the
overpack must be marked with the word ``OVERPACK.''
* * * * *
    (e) Low production runs and prototypes. Low production runs (i.e.,
annual production runs consisting of not more than 100 lithium cells or
batteries), or prototype lithium cells or batteries, including
equipment transported for purposes of testing, are excepted from the
testing and record keeping requirements of paragraph (a) of this
section, provided:
    (1) Except as provided in paragraph (e)(4) of this section, each
cell or battery is individually packed in a non-metallic inner
packaging, inside an outer packaging, and is surrounded by cushioning
material that is non-combustible and non-conductive or contained in
equipment. Equipment must be constructed or packaged in a manner as to
prevent accidental operation during transport;
    (2) Appropriate measures shall be taken to minimize the effects of
vibration and shocks and prevent movement of the cells or batteries
within the package that may lead to damage and a dangerous condition
during transport. Cushioning material that is non-combustible and non-
conductive may be used to meet this requirement;
    (3) The lithium cells or batteries are packed in inner packagings
or contained in equipment. The inner packaging or equipment is placed
in one of the following outer packagings that meet the requirements of
part 178, subparts L and M, of this subchapter at the Packing Group I
level. Cells and batteries, including equipment of different sizes,
shapes or masses must be placed into an outer packaging of a tested
design type listed in this section provided the total gross mass of the
package does not exceed the gross mass for which the design type has
been tested. A cell or battery with a net mass of more than 30 kg is
limited to one cell or battery per outer packaging;
    (i) Metal (4A, 4B, 4N), wooden (4C1, 4C2, 4D, 4F), or solid plastic
(4H2) box;
    (ii) Metal (1A2, 1B2, 1N2), plywood (1D), or plastic (1H2) drum.
    (4) Lithium batteries, including lithium batteries contained in
equipment, that weigh 12 kg (26.5 pounds) or more and have a strong,
impact-resistant outer casing or assemblies of such batteries, may be
packed in strong outer packagings, in protective enclosures (for
example, in fully enclosed or wooden slatted crates), or on pallets or
other handling devices, instead of packages meeting the UN performance
packaging requirements in paragraphs (b)(3)(ii) and (iii) of this
section. The battery or battery assembly must be secured to prevent
inadvertent movement, and the terminals may not support the weight of
other superimposed elements;
    (5) Irrespective of the limit specified in column (9B) of the Sec.
172.101 Hazardous Materials Table, the battery or battery assembly
prepared for transport in accordance with this paragraph may have a
mass exceeding 35 kg gross weight when transported by cargo aircraft;
    (6) Batteries or battery assemblies packaged in accordance with
this paragraph are not permitted for transportation by passenger-
carrying aircraft, and may be transported by cargo aircraft only if
approved by the Associate Administrator prior to transportation; and
    (7) Shipping papers must include the following notation ``Transport
in accordance with Sec.  173.185(e).''
    (f) * * *
    (4) The outer package must be marked with an indication that the
package contains a ``Damaged/defective lithium ion battery'' and/or
``Damaged/defective lithium metal battery'' as appropriate. The marking
required by this paragraph (f)(4) must be in characters at least 12 mm
(0.47 inches) high.
* * * * *

0
31. In Sec.  173.217, revise paragraph (c)(3) to read as follows:

Sec.  173.217  Carbon dioxide, solid (dry ice).

* * * * *
    (c) * * *
    (3) The quantity limits per package shown in columns (9A) and (9B)
of the Hazardous Materials Table in Sec.  172.101 of this subchapter
are not applicable to dry ice being used as a refrigerant for other
than hazardous materials loaded in a unit load device. In such a case,
the unit load device must be identified to the operator and allow the
venting of the carbon dioxide gas to prevent a dangerous build-up of
pressure.
* * * * *

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32. Section 173.220 is revised to read as follows:

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

    (a) Applicability. An internal combustion engine, self-propelled
vehicle, machinery containing an internal combustion engine that is not
consigned under the ``Dangerous goods in machinery or apparatus'' UN
3363 entry, a battery-powered vehicle or equipment, or a fuel cell-
powered vehicle or equipment, or any combination thereof, is subject to
the requirements of this subchapter when transported as cargo on a
transport vehicle, vessel, or aircraft if--
    (1) The vehicle, engine, or machinery contains a liquid or gaseous
fuel. Vehicles, engines, or machinery may be considered as not
containing fuel when the engine components and any fuel lines have been
completely drained, sufficiently cleaned of residue, and purged of
vapors to remove any potential hazard and the engine when held in any
orientation will not release any liquid fuel;
    (2) The fuel tank contains a liquid or gaseous fuel. A fuel tank
may be considered as not containing fuel when the fuel tank and the
fuel lines have been completely drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard;
    (3) It is equipped with a wet battery (including a non-spillable
battery), a sodium battery or a lithium battery; or

    (4) Except as provided in paragraph (f)(1) of this section, it
contains other hazardous materials subject to the requirements of this
subchapter.
    (b) Requirements. Unless otherwise excepted in paragraph (b)(4) of
this section, vehicles, engines, and equipment are subject to the
following requirements:
    (1) Flammable liquid fuel and fuels that are marine pollutants. (i)
A fuel tank containing a flammable liquid fuel must be drained and
securely closed, except that up to 500 mL (17 ounces) of residual fuel
may remain in the tank, engine components, or fuel lines provided they
are securely closed to prevent leakage of fuel during transportation.
Self-propelled vehicles containing diesel fuel are excepted from the
requirement to drain the fuel tanks, provided that sufficient ullage
space has been left inside the tank to allow fuel expansion without
leakage, and the tank caps are securely closed.
    (ii) Engines and machinery containing liquid fuels meeting the
definition of a marine pollutant (see Sec.  171.8 of this subchapter)
and not meeting the classification criteria of any other Class or
Division transported by vessel are subject to the requirements of Sec.
176.906 of this subchapter.
    (2) Flammable liquefied or compressed gas fuel. (i) For
transportation by motor vehicle, rail car or vessel, fuel tanks and
fuel systems containing flammable liquefied or compressed gas fuel must
be securely closed. For transportation by vessel, the requirements of
Sec. Sec.  176.78(k), 176.905, and 176.906 of this subchapter apply.
    (ii) For transportation by aircraft:
    (A) Flammable gas-powered vehicles, machines, equipment or
cylinders containing the flammable gas must be completely emptied of
flammable gas. Lines from vessels to gas regulators, and gas regulators
themselves, must also be drained of all traces of flammable gas. To
ensure that these conditions are met, gas shut-off valves must be left
open and connections of lines to gas regulators must be left
disconnected upon delivery of the vehicle to the operator. Shut-off
valves must be closed and lines reconnected at gas regulators before
loading the vehicle aboard the aircraft; or alternatively;